Oral Answers to Questions

Kate Green Excerpts

Tuesday 5th September 2017 Commons Chamber

[Mr Gyimah]

The hon. Gentleman has come back from his summer holiday with his customary passion. I agree that if prisons are to work properly we need to give people the opportunity to turn their lives around. Prison reform is important to this Government. That is why we are giving governors more control of their budgets and more freedom to implement the plans that are necessary for offenders to turn their lives around. I share his concern and his passion, and such work is a priority for this Government.

[Kate Green (Stretford and Urmston) (Lab)]

How will the personal learning plans of which the Minister has just spoken operate when a prisoner is transferred from one prison to another? What guarantees can he give that the education path on which that prisoner has commenced can be continued in his or her new setting, and that there will be consistency of offer right across the prison estate?

[Mr Gyimah]

The hon. Lady points out a very serious problem that currently exists on the estate. Prisoners are transferred and cannot continue courses that they have started—for example, some were on GCSE programmes and cannot finish them. We are looking at courses and technology systems that allow them to carry on what they have been doing when they are transferred from one prison to another, so that there is progression on all the courses. I completely agree with her, but we are looking at it.

Prison and Youth Custody Centre Safety

Kate Green Excerpts

Wednesday 19th July 2017 Commons Chamber

[Dr Lee]

Yes. We have made some real progress; we are stopping thousands of mobile phones getting into our prisons. We are working extremely hard to stop the use of drones and to block the use of mobile phone signals over prisons. Things are not perfect; we have not finished this work, but we are continuing to press hard, because it would be fantastic to have a mobile phone and drone-free prison network.

[Kate Green (Stretford and Urmston) (Lab)]

I look forward to the strategy for women offenders that the Minister said he would introduce later this year. He will know that last year, 30% of women in custody self-harmed, and 12 women killed themselves in prison—the highest level since 2004. In reviewing the estate for women, will he take the opportunity, once and for all, to take on board the recommendations of Baroness Jean Corston? Women who need to be in custody should be placed not in prisons far from their families, but in small, secure community units. There is a once-in-a-lifetime opportunity to do this. Please will the Minister take it?

[Dr Lee]

The Corston report was one of the first things I read when I was appointed to this role in July 2016, and it makes a persuasive case. There is an issue about where some women should be held. I am not completely convinced that we can go down the path of all women being held in community provision, in residential women’s centres. However, I am persuaded that we can reduce the number of women we are locking up. This will be based primarily on the way that we deliver community provision, and on mental health care before, during and after prison.

I have met a number of women in prison, the majority of whom have displayed scars of self-harm. As the hon. Lady might know, I am a doctor and I observe these things, and it is quite distressing to see this. To deal with the problem, we need to change the environment in which these women are held and to get their mental health services improved. Those are my two priorities, and I hope that the hon. Lady will be reassured that the strategy, which will be delivered by the end of this year, will get things right.

Oral Answers to Questions

Kate Green Excerpts

Tuesday 25th April 2017 Commons Chamber

[Elizabeth Truss]

The Unlocked scheme is like Teach First for the Prison Service. We have had an incredible number of applications to join it. The final assessment was held on 1 April and we are now able to offer places to 60 candidates, who will start their training on 18 July. It is a really important scheme for not only bringing top graduates into our prisons but exposing employers to the fantastic work that goes on there.

[Kate Green (Stretford and Urmston) (Lab)]

Of course we all welcome the recruitment of new prison officers, but does the Secretary of State not agree that the problems in our prisons stem from the mistaken actions of her Government in cutting 6,000 prison officers in the first place?

[Elizabeth Truss]

I have been very clear that we need to recruit more prison officers. It has been my No. 1 priority in this job. We are on track to achieve the 2,500 officers. We have faced a number of challenges across our prison estate, and we have already talked about psychoactive substances, drones and mobile phones. I am clear that we need the prison officers in place. When we have achieved the 2,500 officers, we will be able to ensure that each one has a caseload of six prisoners whom they will look after, and that will help us to turn those lives around.

--- Later in debate ---

[The Minister for Courts and Justice (Sir Oliver Heald)]

My hon. Friend is known for the way in which she has highlighted in the House such incidents of criminality and really pressed the case for proper and effective punishment. In relation to this particular incident, the offence is relatively new, and the good news is that many people have come forward to report instances of disclosure during the short period since it came into force. There have been a number of prosecutions, with more than 60 convictions so far. It is early days, but I agree that the Crown Prosecution Service needs to treat these cases very seriously.

[Kate Green (Stretford and Urmston) (Lab)]

T5. The Government undertook by this month to renegotiate transforming rehabilitation payment structures as a result of community rehabilitation companies experiencing significant difficulties with the contracts. For how many of the 21 community rehabilitation companies have new payment arrangements now been agreed and put in place?

[Elizabeth Truss]

We have been working on this issue very carefully, and we will announce the results in due course.

Prisons and Courts Bill

Kate Green Excerpts

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Elizabeth Truss]

It will be enforceable through the inspectorate, which will be given specific powers to ensure that that happens.

The Bill will place the prisons and probation ombudsman on a statutory footing, giving him greater authority and statutory powers to investigate deaths in custody. The Bill supports our efforts to stop drug use and crime enabled by illegal mobile phones. It enables phone network operators to disrupt unlawful use of mobile phones in custody.

[Kate Green (Stretford and Urmston) (Lab)]

I just want to ask the Lord Chancellor, if she could answer very simply, who is accountable in the event of a prisoner’s escape?

[Elizabeth Truss]

The governor is accountable for what happens in their prison, but there is a line management structure through to the head of the Prison Service and, ultimately, the Secretary of State.

The Bill supports swifter responses to the devastating effect of psychoactive substances. There have been very serious cases on our prison estate. They fuel debt and violence and can have a serious impact on prisoners’ health. We rolled out new tests for psychoactive substances in September last year—we were the first jurisdiction in the world to do so. The Bill strengthens our ability to keep up with the speed at which substances evolve. It allows quicker testing for all newly identified psychoactive substances based on the generic definition of those substances set out in the Psychoactive Substances Act 2016.

We face challenges in our prisons that will not be solved in weeks or months, but I am absolutely determined to turn the situation around. We now have the resources to do so: we are investing an additional £100 million a year and we have a clear plan. The measures in the Bill provide a structure under which accountability and scrutiny can take place, so we will be able to see how our prisons improve over time.

The Bill introduces major reforms to the court and justice system, which I announced in my joint memorandum with the Lord Chief Justice and Senior President of Tribunals in September. It will introduce more virtual and online hearings, put in place greater protection for victims and witnesses, and provide greater support for our excellent judges and magistrates.

I want to take a moment to pay tribute to the Lord Chief Justice, John Thomas, a great reformer who has spearheaded these reforms and who will retire later this year. I also want to thank the Senior President of Tribunals. Their vision for a courts and tribunals system that is just, proportionate and accessible lies at the very heart of the reforms set out in the Bill. The reforms are a tribute to their tireless work, alongside other senior members of the judiciary.

--- Later in debate ---

[Richard Burgon]

I thank my right hon. Friend for his intervention. Unfortunately, the Government have provided no cast-iron assurances that this saving will be passed on to drivers—if it exists at all.

[Kate Green]

Does my hon. Friend agree that it is wrong to penalise people who have valid personal injury claims because of a possible rise in the number of claims that is driven by cowboy claims management companies cold calling people to suggest that they should make claims that have no basis in reality? The Bill does nothing to address that.

[Richard Burgon]

I agree with the point that my hon. Friend so eloquently makes. Injured people should not be made to pay the price of the behaviour of the unscrupulous minority—the companies that engage in the practices she describes.

The Secretary of State started her speech by explaining how the Bill introduces a statutory purpose for prisons to

“protect the public…reform and rehabilitate offenders…prepare prisoners for life outside prison; and…maintain an environment that is safe and secure.”

Of course we agree with those aims, but most people believe that they are what prisons are meant to be doing already. It is crystal clear that those things are not happening today. The main problems in prisons cannot be disputed: violence, drugs, overcrowding and understaffing. To combat those threats effectively, we need a plan for order—a plan to reduce the demand for and supply of drugs, to manage the prison population, and to recruit and retain prison officers. Where is any of that in the Bill? Where are the practical measures to realise those goals? We will be returning to those issues in Committee.

--- Later in debate ---

[Kate Green (Stretford and Urmston) (Lab)]

I, too, welcome much of the Bill. I am pleased to follow the hon. Member for North West Cambridgeshire (Mr Vara), and I particularly endorse his comments about judicial diversity. This is a far-reaching Bill, although we have to infer quite a lot of the detail from the White Paper, particularly in relation to prison reform. As others have said, the Bill is relatively thin on detail.

I welcome the establishment of a new statutory purpose for prisons, but I also hope that there will be opportunities to strengthen and extend it as we take the Bill through this House and the other place. The Prison Reform Trust has suggested that the statutory purpose should make exclusive reference to standards of fairness and decency. Given the problems in our prisons today, including the exceptional amount of time that prisoners are spending in cells and not engaged in purposeful activity, the disturbances that have put prisoner and staff safety at risk, and the appalling mental health of many of those in our prisons, I strongly endorse the need for a purpose that captures those elements of fairness and decency.

Like many hon. Members who have spoken today, I want to talk about the need for good mental healthcare in prisons. According to the Royal College of Psychiatrists, at least 3% to 4% of prisoners have a psychotic illness; 10% to 14% have a major depressive illness; and up to two thirds have a personality disorder. Many prisoners are so unwell that prison is utterly the wrong place to treat them. This has been starkly brought home to me when handling a constituency case over the past few months. That case has really shown that the system is not working to ensure that prisoners’ mental health is paramount. It involves a young man accused of very serious offences who has been on remand in Manchester prison since before Christmas. He is seriously psychotic, and prison is not the right place for him to have been sent to, yet still, four months on, no secure hospital bed has been found where he can be securely and appropriately cared for. I therefore strongly endorse the call by my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) for statutory time limits in the Bill for the length of time that someone who is so unwell can be kept in prison. We need to take that important measure to ensure that parity of esteem between mental health and physical health exists in our prisons as it does in the wider healthcare system.

We also know that women in custody have a high incidence of mental health problems. This year, we mark the 10th anniversary of Baroness Corston’s seminal report on women in custody, and this is a real opportunity for us to make a step change in the way in which we deal with women in the penal system. The Justice Secretary has said that she intends to bring forward a strategy in relation to women in the next few weeks, and I very much look forward to debating it with the Government. I hope that Ministers will take this opportunity, and not simply build more new women’s prisons that are far from home and too large to provide the right regime for their particular needs. Baroness Corston identified the need for small, local, secure units—not prisons—that specifically cater for the needs of women. This is a once-in-a-generation chance for Ministers to transform the nature of the women’s prison estate, and I really hope that they will not miss the opportunity.

I am also concerned that the Government seem intent on building new large male prisons, such as Berwyn, which I understand is to have a population of 2,000 prisoners. However, there is a lot of evidence of smaller prisons doing better, according to the Centre for Social Justice, the Prison Reform Trust—which found that prisons with fewer than 400 prisoners were more likely to perform well than those with more than 800—and the National Audit Office, whose 2013 report showed that the smaller prisons achieved better internal performance ratings. We do not know whether there is a difference in reoffending rates for small and larger prisons, and I would be grateful if anyone in the House enlightened me on that. If we do not have the information, however, I strongly urge Ministers to conduct a programme of research to help us to understand that.

My right hon. Friend the Member for Delyn (Mr Hanson) went into some detail about the importance of family contact, which incarceration a long way from home naturally makes more difficult. According to a 2008 study for the Ministry of Justice, family contact reduces recidivism by 39%, which is a substantial reduction. A joint report by Her Majesty’s inspectorate of prisons and the Youth Justice Board found that boys who suffered from emotional or mental health problems were less likely usually to have a visit at least once a week from family or friends than those without mental health problems, yet half of women and a quarter of men on remand receive no family visits. Concentrating prisoners in larger prisons, further from home and covering large geographical areas, is going to work against the family contact that can make such a difference.

[Mrs Moon]

I totally endorse everything that my hon. Friend says. She sets out the tragedy of the difficulties that women in prison face in maintaining family contact. Their children often end up in care or being farmed out to family members who cannot travel long distances. In particular, for Welsh women, children have to travel to England to see their mum in prison. This damages the family cohesion that is so vital to rehabilitation.

[Kate Green]

I completely agree with my hon. Friend. Women are usually the main carers of children, and the consequences of their being in custody can be devastating not only for the women but for the children, who ought to be our paramount consideration. I support the calls from the Prison Advice and Care Trust, among others, for a requirement on sentencers specifically to ask about the provision for the children of parents who are about to be given a custodial sentence, and particularly to know where they will spend that first night as their parent faces incarceration.

If we are serious about prison reform, we have to face the fact that our fundamental problem is sentencing policy. We incarcerate too many people who do not need to be there, which costs a great deal of money, and too many of them resume offending on release. I could not agree more with the Lord Chief Justice, who told the Justice Committee last November that the focus needs to be on rigorous, demanding and effective community penalties. However, that requires those penalties to be available and it requires sentencers to have knowledge of and confidence in them. This cuts to magistrates’ training budgets, the lack of full pre-sentence reports because of pressures on the National Probation Service, and problems with community rehabilitation companies.

I want to comment briefly on the Bill’s extensive court reform proposals, and in that regard I declare my interest as a life member of the Magistrates Association. While I recognise the opportunities that modern technology can offer to an efficient court system, I echo the concerns about how vulnerable users will fare in a virtual system. The virtual courts pilot of several years ago offers little reassurance and this Bill’s impact assessment frankly tells us nearly nothing. However, there are concerns, as highlighted by Transform Justice and others, about the lack of access to legal advice, the impact on lawyer-client relationships, the impact on sentencing—the virtual courts pilot suggested that there may be some inflationary impact—the fairness of the process, public perception, and the cost to the public purse, about which the impact assessment is quite vague. I share the concerns of the Magistrates Association and others about the use of online courts in relation to pleas, remand, sentencing and vulnerable young people. Significant numbers of prisoners have low levels of literacy and numeracy or suffer from learning disabilities and may struggle to present their case in the best possible light. They may agree to their case being dealt with in writing or online because it is quicker, it gets things over with, or because it is suggested to them by a police officer in a police station, but that does not necessarily serve the best interests of justice.

I understand the argument made by the hon. Member for Huntingdon (Mr Djanogly) about the loss of the local justice area being an opportunity for a unified magistracy and judiciary, but there are advantages to local justice. As the Justice Committee identified in its report on the magistracy last year, the loss of local justice must not mean losing the leadership and peer support that helps a bench to function collectively more effectively and efficiently. I hope that the Minister will be able to reassure us on that.

On the other proposed reforms to civil justice, I endorse the concerns expressed about the proposals on whiplash and the small claims route, and I regret that the Government have not taken the opportunity to be more assertive in their tackling of the aggressive marketing practices of some claims management companies. I also endorse the concerns of my right hon. Friend the Member for Delyn about the rise in the small claims limit and the impact that that may have. Workers in relatively low-paid employment with modest claims for accidents at work may find themselves unable to access the legal advice that enables them to make claims successfully. USDAW, a trade union of which I am a member, offers several examples of where relatively minor accidents that are significant to those in minimum wage jobs would not have secured compensation under the Government’s proposed changes due to the lack of access to legal help for workers to pursue their cases.

Finally, I am also concerned about one aspect of the proposal to move responsibility for employment tribunals to the Ministry of Justice. In doing so, I hope that we will not lose the real value that comes from having expert tribunals made up of representatives of both employers and trade unions, employees and the trained judiciary.

Like others, I welcome the Bill, much of which I look forward to seeing develop, but I hope that Ministers will take seriously the concerns that are being expressed and ensure that the justice system, of which this country is so proud, remains the best and most modern in the world as result of the reforms.

--- Later in debate ---

[Andrew Selous]

I could not agree more with my hon. Friend. I have met Jim Davidson on a number of occasions, and I thoroughly commend the work of Care after Combat throughout the Prison Service.

Family work, which brings prisoners face to face with their enduring responsibilities to their families who are left in the community, is indispensable to the rehabilitation culture that we urgently need to develop in our penal system. I welcome the commitment by the Ministry of Justice to measuring the quality of prisoners’ relationships. At a very practical level, we know that enduring family relationships lead to many prisoners being able to access on release family accommodation that would be unavailable to them if those relationships had broken down.

[Kate Green]

There is a huge amount of consensus this evening about maintaining prisoners’ family relationships. Does the hon. Gentleman agree that a corollary of that is that family contact should not be removed as a penalty where other forms of sanction are available? It is unfair to the family members and it defeats the object, which he and others have talked about, of maintaining prisoners’ contact with their families.

[Andrew Selous]

I share the sentiments expressed by the hon. Lady, and my instincts are with hers. I have talked extensively to prison officers about the issue, and on occasions they have a relatively limited number of levers that they can use. I am with the hon. Lady, however. Family relationships are really important, and they are often powerful forces for good that can help prison officers to achieve what they are trying to achieve.

Accommodation is the base camp of rehabilitation, and we are unlikely to make any progress without it. It is concerning that some local authorities are, frankly, discriminatory towards ex-offenders. Ex-offenders should not be given preferential treatment, but neither should they be treated worse than others who seek accommodation.

I hope that Her Majesty’s Prison and Probation Service, as it will be called from 1 April, will look at the cost of prisoners phoning home. Many prisoners have mobile phones so that they can speak to their wives, husbands, partners and children. We need to make sure that prisoners have good access, for legitimate use, to affordable prison telephones. I am also a fan of the prison voicemail initiative, which is spreading in our prisons. A daughter managed to leave a message of her first violin piece for her father to hear on a prison voicemail, for example.

Oral Answers to Questions

Kate Green Excerpts

Tuesday 7th March 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right. We need to ensure that prison governors have all the tools at their disposal to get people the education they may not have had—almost half of prisoners do not have basic English and maths—to get them into jobs and training, so that they can go into work and lead a lawful life when they leave prison.

[Kate Green (Stretford and Urmston) (Lab)]

Following the transforming rehabilitation reforms, there has been a 57% increase in the number of offenders being recalled as a result of failure to keep in touch during supervision after short sentences. What action are the Government taking to address this rise in the number of people being recalled to prison, and why is such failure being seen as a result of the reforms?

[Elizabeth Truss]

It is, of course, important that we recall people who pose a danger to society, but we need to ensure that we are recalling the right people. We are looking at that issue and at wider probation reforms to ensure that we turn people’s lives around not just while they are in prison, but while they are under community supervision.

--- Later in debate ---

[Elizabeth Truss]

First, I am very happy to make sure we look into the case my hon. Friend raises. We do have to remember that public protection must always be our priority, so while we are keen to see people get the training and re-education they need to secure a successful parole hearing, we must always make sure the public are kept safe.

[Kate Green (Stretford and Urmston) (Lab)]

T10. Rather than curtailing access to justice for those with legitimate personal injury compensation claims, why are Ministers not cracking down on the cowboy aggressive marketing of claims management companies?

[Sir Oliver Heald]

It is important to do both, and we have a package of measures that achieves that, so I do not think the hon. Lady need concern herself that we are not taking this forward.

Youth Justice System: Gypsies and Travellers

Kate Green Excerpts

Wednesday 1st February 2017 Westminster Hall

[Kate Green (Stretford and Urmston) (Lab)]

I beg to move,

That this House has considered outcomes for Gypsies and Travellers in the youth justice system.

I am very pleased to have secured this debate in order to raise the experiences and disproportionate representation of Gypsy, Traveller and Roma children in our youth justice system. This is a significant issue for the youth justice system. The most recent annual “Children in Custody” report, an independent report by Her Majesty’s inspectorate of prisons commissioned by the Youth Justice Board, was published in November last year and revealed yet again the over-representation of Gypsy, Traveller and Roma children in youth custody, as have numerous reports before it.

Despite a welcome decrease in the number of children in custody in recent years, analysis of the “Children in Custody” report by the Traveller Movement shows that the number of Gypsy, Roma and Traveller children and young people in custody remains disproportionately high: 12% of children in secure training centres identify as Gypsy, Traveller or Roma, as do 7% of boys in young offenders institutions, and 51% of Gypsy, Traveller and Roma children in young offenders institutions report that this is not their first time in custody.

The figures, which are troubling in themselves, almost certainly understate the true position. The “Children in Custody” report is based on survey data, not on comprehensive and systematic monitoring of young offenders and children. The surveys completed by young offenders are based on information from only five young offenders institutions, and young offenders institutions sited in the adult prison estate are not included. Yet the Irish Chaplaincy, for example, estimates that YOI Isis, which is situated in Belmarsh prison, currently houses around 20 Gypsies and Travellers aged 18 to 21. There is little data available on sentence length, although we know that a third of Gypsy, Traveller and Roma boys in young offenders institutions had been sentenced to less than 12 months in custody. It is therefore reasonable to assume that over a full year, the overall number of Gypsy, Traveller and Roma boys in custody in the youth justice system will be higher.

However, perhaps reflecting the relative paucity of data, such over-representation in the youth custody system does not always receive sufficient official recognition and attention. All too often, Gypsy, Traveller and Roma children are overlooked by both service providers and policy makers. For example, Charlie Taylor’s recent review of the youth justice system did not mention Gypsy, Traveller and Roma young people at all, despite the representations made to him by those groups.

Gypsy, Traveller and Roma children share similar characteristics with other children in custody, particularly in relation to having been in care and their poor educational experience. It is clear, despite the deficiencies of the data that we have and the lack of attention to their circumstances, that the disproportionate representation of Gypsy, Traveller and Roma young people in the youth custody system reflects the widespread failure of support systems and services prior to those young people entering custody.

[Andy Slaughter (Hammersmith) (Lab)]

I am delighted that my hon. Friend secured a debate on this subject. She is right that we have sufficient information, because of the work of the Irish Chaplaincy and others, to know that discrimination is a serious problem, but it is shameful that the Government do not collect the statistics. Would she welcome the Minister telling us today that the Government will use up-to-date census data and will have a comprehensive investigation of this issue?

[Kate Green]

As my hon. Friend will hear, that will be the precise thrust of my speech this morning.

Gypsy, Traveller and Roma children are disproportionately likely to be the subject of care proceedings. That feeds through to the significant numbers of Gypsy, Traveller and Roma children in custody who have been in local authority care: 47% and 33% in secure training centres and young offenders institutions respectively, according to the Traveller Movement.

Meanwhile, at every key stage of their schooling, Gypsies and Travellers have lower rates of attainment. Again, their poor educational experience prior to entering custody shows up in the youth justice system: 84% of Gypsy, Traveller and Roma boys in young offenders institutions had been excluded from school, and 55% said they were 14 or younger the last time they attended school.

Although their routes into custody offer a depressing reflection of the disadvantage that Gypsy, Traveller and Roma young people experience in wider society, what is even more depressing is that these failures continue while Gypsy, Traveller and Roma children are in custody. Generally speaking, those children have a worse experience in custody compared with other children, whether in education, safety, health, understanding procedures, or being prepared for life after release. At every stage when the state ought to be looking after these young people, helping them to develop and preparing them for positive lives on release, it fails them. That need not be the case.

Despite Gypsy, Traveller and Roma children being significantly more likely to have left education early, had lower rates of attainment and had higher rates of absences and exclusions, they have very positive perceptions towards education while in custody. Some 61% of Gypsy, Traveller and Roma children in secure training centres believed education would benefit them when they left. In young offenders institutions, 70% said education would benefit them, compared with 58% of non-Gypsy, Traveller and Roma children. Gypsy, Traveller and Roma boys were also more likely to be involved in vocational and skills training or to have a job while in custody.

Despite indications of a positive appetite for education, opportunities are being missed. In secure training centres, only 55% of Gypsy, Traveller and Roma children, compared with 70% of other children, said that they had learnt skills for jobs that they would like to do in future. Youth custody institutions and facilities need to develop targeted strategies to improve educational outcomes for Gypsies, Travellers and Roma in custody, and need to promote courses that will allow those young people to lawfully participate in businesses that fit with their family lives and culture on release.

A similar picture pertains in relation to health. The Irish Chaplaincy’s “Voices Unheard” report first identified that a significant proportion of Gypsy, Traveller and Roma prisoners suffer mental health issues. The Traveller Movement’s research into the “Children in Custody” responses found that those children in secure training centres were twice as likely to report having unmet health needs, while a quarter of Gypsy, Traveller and Roma boys in young offenders institutions said they were disabled and 23% reported emotional or mental health problems.

Gypsy, Traveller and Roma children in secure training centres were significantly more likely to report feeling unsafe and experiencing bullying or intimidation by staff or other young people. According to the Howard League, half had been restrained compared with 29% of other children. We see a similar experience in young offenders institutions with Gypsy, Traveller and Roma boys reporting higher rates of victimisation from other young people. Gypsy, Traveller and Roma detainees were also three and five times more likely to have their canteen and property taken off them by other young people in young offenders institutions and secure training centres respectively.

Finally, in secure training centres, Gypsy, Traveller and Roma children struggled to maintain contact with their families, and were less likely to know who to look to for help when opening a bank account, finding accommodation or continuing health services when released. Gypsy, Traveller and Roma boys in young offenders institutions were also less likely to know who they should contact if they encountered problems on release.

It is clear that many steps need to be taken to address the poor outcomes for Gypsy, Traveller and Roma children in custody. As my hon. Friend the Member for Hammersmith (Andy Slaughter) suggested, a significant barrier is the lack of adequate data. In schools, every headteacher knows the exact ethnic breakdown of his or her pupils and is therefore able to adapt strategies and policies to correct any disadvantages they experience. Shockingly, such data are not available in the youth custody system. Reports such as “Children in Custody” present only a partial snapshot. As the then prisons Minister conceded on 9 March 2015 in answer to a written question from my hon. Friend the Member for Hammersmith, Ministers

“are unable to determine the actual number”

of young Gypsies and Travellers in youth custody establishments.

The limitations of relying only on survey data are compounded by the fact that the youth justice system still uses ethnic monitoring systems based on the 2001 census classifications. Since 2011, the census has used the so-called 18+1 ethnic categorisation, which enables the identification of Gypsies and Travellers. Reflecting that, the police are expected to update their ethnic monitoring system soon to include Gypsies and Travellers, while the adult prison estate has monitored Gypsies and Travellers since 2011.The youth justice system will therefore be the only key criminal justice agency without proper modern ethnic monitoring of Gypsies and Travellers.

Given the troubling picture presented by the Traveller Movement, the Irish Chaplaincy, Her Majesty’s inspectorate of prisons and others, it is not surprising that pressure for the youth justice system to address the issue is mounting. In November last year, amendments tabled by Baroness Brinton to the Policing and Crime Bill would have required the introduction of ethnic monitoring in the youth criminal justice system for Gypsy, Traveller and Roma children and young people. In the debate on her amendments on 16 November, Baroness Brinton pointed to the need to move to the 18+1 system to consistently capture the representation and experience of Gypsy, Traveller and Roma young people in the youth custody system. The national police chiefs lead for Gypsy, Traveller and Roma issues, Deputy Chief Constable Janette McCormick, wrote to the Lord Chancellor, urging her to support the amendments.

I recognise that obstacles exist to introducing that system of ethnic monitoring in the youth justice system. In the Lords’ debate on the Policing and Crime Bill, Baroness Whitaker acknowledged that

“Many young people from the Gypsy and Traveller communities are fearful of admitting their ethnicity because of the bullying and exclusion”

that they had previously experienced—but, as she pointed out,

“trust can be developed if the information is shown to be helpful.”—[Official Report, House of Lords, 16 November 2016; Vol. 776, c. 1499.]

I also recognise concerns about the cost and complexity of changes to case management systems. Similar arguments were raised about the extension of ethnic monitoring to encompass Gypsies and Travellers in the police systems, but discussions with the Home Office and the National Police Chiefs Council revealed that there would be no cost to upgrading their systems. It is highly doubtful that the youth justice system can have a significantly more difficult or complex case management system than the police, which have eight or nine additional data sets and 45 territorial police forces to contend with.

From my conversations, I do not believe that what is needed in the youth justice system is a complete corporate systems overhaul, but instead a small amendment to existing data systems. In any event, the cost of updating the system is outweighed by the benefits of helping to turn around the lives of these children and ensuring they lead purposeful, positive lives on release. I know that point is recognised by Lord McNally, chair of the Youth Justice Board. I was very grateful to have the opportunity to discuss the matter with him recently and I very much welcome his constructive engagement.

I am also pleased that in a letter to Lord Rosser following the House of Lords debate last November in response to points he raised about the cost of changing systems, Baroness Chisholm said that the Youth Justice Board is committed to moving to the 18+1 classification, but I note that no specific timescales or costs were suggested in that letter.

Children from a Traveller background clearly experience greater levels of need and have worse experiences in custody than other children. A year ago, the then chief inspector of prisons Nick Hardwick said that

“with any other group such huge disproportionality would have led to more formal inquiry and investigation into what part of their backgrounds or interaction with the criminal justice system had led to this situation.”

I applaud the Prime Minister’s commitment to monitoring racial disparities in public service outcomes and nowhere is that more acutely needed than in relation to Gypsy, Traveller and Roma children. I was therefore very pleased that in responding to me at Cabinet Office questions on 2 November last year, the Minister for the Cabinet Office and Paymaster General said that he would ensure that every Government Department and agency would use the 2011 census classifications. Nowhere is it more surely time to move from warm words to taking action properly to capture and monitor the data needed to address the needs of this deeply disadvantaged group of children than in the youth justice system. I hope that the Minister will be able to tell us the tangible steps the Government are taking to do that and that they are taking them quickly.

--- Later in debate ---

[Dr Lee]

I know that the right hon. Gentleman is very interested in expanding the evidence base on the experience of GRT children in the youth justice system, in particular. As the hon. Member for Stretford and Urmston indicated, the genesis of a lot the problems encountered in the justice system predates their appearance in the system. A lot of them relate to the fact that those children do not attend school, so their first opportunity to receive education is in the system. We are conscious of that, and we are pleased that some of the indicators show that, when those services are offered, children engage with them. We want that to continue.

As I said, the youth justice system is of great importance to the Government. We have made it clear that outcomes are not good enough for children in custody. Reoffending rates remain stubbornly high, and not enough is done to support young offenders. That is evident for all young offenders, including those who identify as GRT. We also remain concerned about the level of violence in the youth secure estate. Recent figures demonstrate that levels of assault, self-harm and restraint remain too high.

In December, we set out our response to Charlie Taylor’s review of the youth justice system and how we will improve outcomes for young offenders and safety across the youth custodial estate. We will develop a new pre-apprenticeship pathway to ensure that all children and young people are in education, training or employment on their release. We have committed to boosting the number of frontline staff in young offenders institutions, and we will develop two secure schools with a particular focus on education and health. They will look to attract a wide range of specialist providers and allow them the freedom to decide how best to deliver services. I look forward to updating the House on the progress of those reforms as the work develops.

It is important that ethnicity classifications for young people are robust and accurate, so any potential disparities must be identified and suitably addressed. In 2011, the National Offender Management Service adopted the 18+1 ethnicity monitoring system on the centralised database used in prisons and young offenders institutions for the management of offenders, following the change of ethnicity classifications within the national census. The 18+1 system included as additional categories “Arab” and “Gypsy or Irish Traveller”, but the new classification is not consistently used by secure children’s homes, secure training centres and youth offending teams.

The YJB uses a number of different IT systems to monitor performance across the youth justice system. The two largest systems are eAsset, the custody booking system, and the youth justice application framework, which is used to record the ethnicity of young people and draws on data from individual youth offending team case management systems. Both of those systems currently use criteria from the 2001 census categories, which means that they do not capture GRT as a distinct category.

I am pleased to say that the Youth Justice Board has confirmed it is keen to move to the 18+1 system. However, although we support working towards consistency in the data that are recorded, further work is required to assess the feasibility and costs associated with such a move.

[Kate Green]

I am very encouraged by what the Minister is saying. Can he indicate how quickly that feasibility work can start?

[Dr Lee]

No, but I will write to the hon. Lady with a guide to how long it will take. There are some issues around the implementation, as she will understand, not least because the national census criteria may change again. It is work in progress, but I am happy to write to her.

Not only would the YJB have to make changes to its central systems, but it is likely that the youth offending teams would have to amend their individual case management systems too.

Domestic Violence Victims: Cross-Examination

Kate Green Excerpts

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

I pay tribute to my right hon. Friend’s work in this area and for the important work of the all-party group, of which the Government and the ministerial committee on violence against women and girls take particular note. On special measures, the family courts have always had available to them a wider set of tools than the criminal courts and their judges have a wide discretion. Such measures as cross-examination by video, which in the criminal courts is provided for under section 28 of the 1999 Act, can be taken in family cases. Family courts can take evidence in a wide variety of ways, so there is a lot of protection. As I said in response to the urgent question, however, we are going further. Measures to do with the court estate, such as ensuring separate waiting rooms, screens and all those sorts of physical aspects, are being covered, as is staff training, through the Children and Family Court Advisory and Support Service and so on. That is very important, too.

[Kate Green (Stretford and Urmston) (Lab)]

I am grateful to the Minister for highlighting the discretion already available, but given that primary legislation might take some time, what steps is he taking now to remind the judiciary of the discretion they have and how they can apply it?

[Sir Oliver Heald]

The hon. Lady makes an important point. As she will know, there are practice directions in the family division, and one is being prepared at the moment, so I will make sure that her comments are taken well on board. We do not make the practice directions, but we can certainly pass on her comments.

Oral Answers to Questions

Kate Green Excerpts

Tuesday 6th December 2016 Commons Chamber

[Mr Gyimah]

My hon. Friend asks a very important question. Across the Prison Service there are patches of good work aimed at employment post-release. We want to create a system to measure that, and to identify and rank prisons according to how well they do in that respect. That is precisely what our White Paper does. Employment post-release is one of the outcome measures against which governors will be judged once we proceed with reform.

[Kate Green (Stretford and Urmston) (Lab)]

Work experience outside prison can also enhance a prisoner’s employment opportunities on release, so what guidance is the Minister giving prisons—not just reform prisons, but governors of all prisons—in relation to release on temporary licence?

[Mr Gyimah]

Release on temporary licence has a huge role to play in helping prisoners to gain employment in the wider world. I have been speaking with Timpson’s, for example, which employs a lot of ex-offenders, and that is how they are trialled before release. We are looking at that to ensure that the guidance that governors receive allows them to do more with release on temporary licence, specifically in relation to employment opportunities.

--- Later in debate ---

[Elizabeth Truss]

My hon. and learned Friend is absolutely right about Lord Neuberger’s role—[Interruption.] It is pronounced “Newberger”; I have had frequent conversations with him. It is important that the judiciary itself states the case, too.

[Kate Green (Stretford and Urmston) (Lab)]

Prisoners serving IPP—imprisonment for public protection—sentences have remained in custody long beyond their tariff and long after the coalition Government abolished such sentences. I understand that a dedicated Ministry of Justice unit is looking into the position of IPP prisoners. Will the Secretary of State tell us exactly what it is doing?

[Elizabeth Truss]

I have met a number of IPP prisoners who are anxious to hear more about the progress that they will make through the system. The unit is ensuring that there are sufficient parole hearings and that sufficient courses are being taken, and getting people to a stage at which they are ready for release. However, it is always important for us to focus on public protection, and we make sure that we only release people who do not pose a huge risk.

Prison Safety and Security

Kate Green Excerpts

Thursday 1st December 2016 Westminster Hall

[Mr David Hanson (Delyn) (Lab)]

I beg to move,

That this House has considered prison safety and security.

It is a pleasure to serve under your chairmanship, Mr Nuttall. This is a very last minute debate; it was only on Monday that we knew it was going to take place. I am grateful to the Deputy Speaker for finding time for the debate and to the Minister for making time for it.

In the introduction to the White Paper on prison safety and reform, the Lord Chancellor and Secretary of State for Justice made a very important statement:

“We will never be able to address the issue of re-offending if we do not address the current level of violence and safety issues in our prisons.”

Today’s debate aims to focus on some issues around that and to try to tease out what the Government’s objectives are on prison safety and prison violence. The Minister has been round the House quite a bit on this matter, not least at the Justice Committee on Tuesday. I know that he will want to do his best to respond to the issues. I know also that those who work in the service, from Michael Spurr through to the prison officers on the wings, will also want to do their best to ensure that we improve prison safety and security. However, I start from the premise that something is not quite right.

All the indicators on key issues of prison safety and security that the Government look at have been going in the wrong direction over the past few years. Let us look at some of the issues in our prisons at the moment.

In 2015-16, nine men absconded from category B prisons, four women and 80 men absconded from open prisons and eight prisoners absconded from male open youth offenders institutions. In the last few weeks—I know these individuals have been recaptured, for which I am grateful—two men, in the early hours of the morning, hid dummies in their beds, sawed through bars with metal drills brought in illegally, avoided CCTV, climbed over a wall and escaped from Pentonville prison; as the Minister confirmed to the Select Committee this week, that was not discovered until 12 noon the following day. These are serious issues.

As of 29 July 2016, just over 60%, or 76, of our prison establishments were officially listed as overcrowded. In total, overcrowded prisons held 9,700 more prisoners than they were originally designed to hold. Cells meant for one person have been accommodating two people, while those meant for two people have been accommodating three, and that has added to the stress in prisons.

I know, accept and understand where the Government are coming from; they have announced large amounts of increased prison capacity and are looking at closing older prisons and opening newer prisons, such as HMP Berwyn, which is shortly to open in north Wales near my constituency. The removal of old capacity is, however, well ahead of the replacement in terms of the building of new capacity. The chief operating officer of the National Offender Management Service, Michael Spurr, said to the Justice Committee this week that it will be a considerable time before the overcrowding is dealt with.

More seriously, and more challenging for the prison system as a whole, there were 324 deaths in prison in the 12 months to September 2016, which is a rate of 3.8 deaths per 1,000 prisoners: an increase of 57, or 21%, on the previous year. Many of those deaths were due to natural causes—that is to be expected because of the growing population of elderly prisoners—but 107 were self-inflicted deaths, an increase of 13% from the previous year’s total of 95. There were five apparent homicides, including one in Pentonville recently. Some 33 deaths are currently awaiting further information before being classified.

I am grateful to the House of Commons Library for these figures. On the issue of self-harm in prison, in the 12 months to June 2016, 36,440 reported incidents of self-harm occurred, an increase of 7,509 or 26% on the previous year—a rate of 426 self-harm incidents per 1,000 prisoners, compared with 338 incidents per 1,000 prisoners the previous year. Some 10,544 prisoners self-harmed last year, up 1,943, or 23%, on the previous year.

The indicators on hospital attendance show that there were 2,500 hospital attendances, an increase of 35% on the previous year. The proportion of self-harm incidents requiring hospital attendance has thankfully remained consistent, but the indicators are showing that there are more deaths in custody, more self-harm incidents and, sadly, a significant number of homicides in prison at the moment.

The indicators on assaults show that in the 12 months to June 2016, there were 23,775 assaults in prison, an increase of 6,078, or 34%, on the same period in the previous year, and a rate of 278 assaults per 1,000 prisoners, up from 207 assaults per 1,000 in the previous year. There were 3,134 serious assaults, an increase of 26% on the previous year. There were 17,782 prisoner-on-prisoner assaults, up 32% on the previous year; 2,462 serious prisoner-on-prisoner assaults, up 28% on the previous year; and 5,954 assaults on staff, up 43% on the previous year, from 4,177. That is a ratio of 70 incidents of assault on staff per 1,000 prisoners, up from 49 per 1,000 in the previous year. Of those assaults, 697 were classified as serious assaults on staff, up 20% on the previous year.

Those indicators are not going in the right direction. All those indicators have seen a significant increase—not one of 1% or 2%—in a 12-month period. I will be fair to the Minister; I know that in the recently published document, recognition of that fact is paramount. I will return shortly to further figures.

What is lost in the figures on assaults are the significant increases in certain types of assault. Let me point the House to three particular issues. The use of dangerous liquids as an assault mechanism on prisoners and staff has gone from zero incidents in 2010 to 193 in 2015. The use of blunt instruments in assaults on prisoners and staff has gone from 246 incidents in 2010 to 666 in 2015: a 170% increase. The number of spitting incidents—an issue, given some of the conditions that many people will have in prison—has risen from 12 recorded in 2010 to 394 in 2015: an increase of 3,000%. Knife and blade incidents—prisons are not supposed to be places where knives and blades are available in the first place—have risen from 212 to 491 last year over a five-year period: an increase of 131%. I am grateful to the Prison Officers Association for some of those figures. Again, those are serious issues, and the trend is in the wrong direction.

There is an argument that some of those issues are related to drug abuse and new psychoactive substances. In 2010, there were 16 recorded incidents involving new psychoactive substances in prisons, but in 2014, the last year for which I have figures—the Minister may have more up-to-date ones—the figure was 436: a 2,625% increase. Spice has gone from 15 to 430 cases; mephedrone has gone from zero to two cases; and ketamine—kat—has gone from one to four cases. Again, that is the wrong direction of travel.

I held the Minister’s job for two years and one month some time ago, so I know how difficult it can be and about the challenges, but the level of disturbance in prisons has increased in the past few months and is causing noticeable pressure. It is greater than it was in the past. There have always been prison disturbances, and there probably always will be, but in the past couple of months alone there has been, for example, the incident in Lewes prison. The chairman of the Prison Officers Association said that at the time of the incident there

“were only four staff on that wing and all four had to retreat to safety”

because they were concerned about their safety.

In November, 200 inmates in Bedford prison went on what was described in the press as a rampage or a riot —we will determine what it really was when the investigation is completed. It took six hours to bring the disturbance under control. That happened only days after the Justice Secretary said that she was going to introduce a range of measures to tackle violence in our prisons. The question for the House is: what can we do about those issues?

The Justice Committee, of which I am pleased to be a member—my hon. Friend the Member for Stretford and Urmston (Kate Green) and the hon. Member for Dumfries and Galloway (Richard Arkless) are also members—has looked at this issue in detail. In their White Paper, the Government accepted this premise: in the past six years, they have presided over a reduction in prison officers of some 7,000 at a time when attacks on the workforce have increased by 41%. The prison workforce in March 2010 was 49,230, but as of March 2016 it was 43,530.

The Prison Officers Association and the assessments we heard in the Justice Committee suggest that the benchmarking figure is now 800 officers below its required level, and that the service is losing 1,600 officers every year. The level of prison officer resignations increased by 128% over that six-year period, and officer retention remains challenging, as we discussed with the Minister in the Justice Committee on Tuesday.

On Tuesday, the chief operating officer of NOMS, Michael Spurr, told the Committee that, although the Government are going to increase the number of prison officers by 3,500—although I am a Labour MP, I acknowledge that that is thanks to welcome investment for the Ministry of Justice in the autumn statement—he is going to have to recruit, with the Minister’s support, 8,000 people to get a net figure of about 3,500.

[Kate Green (Stretford and Urmston) (Lab)]

I congratulate my right hon. Friend on securing this important debate. Does he agree that this is about not just the number of prison officers lost and the need to recruit replacements, but their level of experience? It will inevitably take time for new recruits to learn the skills they need to do what is now an extremely complex, dangerous and demanding job.

[Mr Hanson]

That is a serious point. I do not want to be too flippant, but we will have a cohort of inexperienced prison officers and a cohort of experienced prisoners, which will lead to a mismatch in expectation. Those officers will lack experience when dealing with some of the initial problems. Officers need face-to-face engagement with prisoners to build the relationships that can prevent the kind of activities that I have been talking about.

Many people have expressed concerns about where we are. The Howard League for Penal Reform said that we have seen “the highest death toll” in prison

“in a calendar year since recording practices began in 1978.”

It said:

“The number of people dying by suicide in prison has reached epidemic proportions.”

The organisations that have a statutory duty to look at the Prison Service also expressed concern. Nick Hardwick, former chief inspector of prisons, said on 14 July 2015:

“You were more likely to die in prison than five years ago. More prisoners were murdered, killed themselves, self-harmed and were victims of assaults than five years ago.”

The current prisons inspector said in his annual report for this year that

“there is a simple and unpalatable truth about far too many of our prisons. They have become unacceptably violent and dangerous places.”

Nigel Newcomen CBE, the prison and probation ombudsman, who is in the process of leaving or has just left, said in his 2015 annual report:

“Unfortunately…I have identified a fundamental lack of care, but, more often, I have found caring and compassionate efforts by staff to support the suicidal. What is clear, however, is that more can and should be done to improve suicide and self-harm prevention in prison.”

He went on to say that

“what is already clear is that there is an unacceptable level of violence in prison.”

This is not scaremongering by Members of Parliament. It is a shared concern, which the Ministry itself recognises and has been expressed by the prisons ombudsman, the prisons inspectorate, external agencies, the Prison Officers Association and, indeed, the Justice Committee, three members of which are here today. We recently produced a cross-party report that was supported by the Scottish National party, Labour and Conservative Members, including the hon. Member for Shipley (Philip Davies), who often has a different view to those of the members here today, and the Chair. Our conclusion was clear:

“This is a matter of great concern, and improvement is urgently needed.”

We said that

“it is imperative that further attention is paid to bringing prisons back under firmer control, reversing the recent trends of escalating violence, self-harm and self-inflicted deaths…It is a matter of particular concern that despite a sustained recruitment exercise…the net increase in public sector prison officers was only 440 last year.”

I will return shortly to how we are going to manage that recruitment exercise in the future. We want, among many other things, a regular report on safety in custody statistics to look at indicators of disorder, staffing levels, NOMS performance ratings and the activity of prisoners.

The Government have—let me be churlish—belatedly responded to the pressure. In my view, they caused the pressure themselves by reducing prisoner officer numbers and putting pressure on prisons, but they have belatedly looked at the issue. In the autumn statement, and on the back of the “Prison Safety and Reform” White Paper, they allocated additional resources to address prison safety issues. The programme of governor devolution is ongoing, which may or may not help—the jury is out on that. There will be operational improvements, which may include body-worn video cameras, staff training, a multi-disciplinary approach to violent prisoners and improvements during the early days and weeks of custody. We have looked at the recruitment issues. The Minister will no doubt talk about the 3,100 new officers, but we need to recruit 8,000 to make sure we reach the net figure. We have looked at the issue of mobile operators and illicit phones in prisons.

Ultimately, there are still challenges that we need to face. I want to look at what the White Paper means in practice. The Government have said, for example, that they will improve legislation on psychoactive substances. What does that mean? They have said that they will “strengthen search capability”. Well, that will take boots on the ground. What does that mean?

The Government have said that they will:

“fundamentally reassess our wider approach to tackling the supply and demand for drugs in prisons”;

and

“reduce supply and demand for illicit mobile devices; and…work with industry…to detect and block drones”.

What does that mean in practice? It is up to the Minister to spell out clearly and effectively what is in the White Paper.

The Minister has said that the Government will “enhance our intelligence capability”. Fine, but let us see what that means, what the progress is and what the timescale is. He will:

“devise and implement a strategy to address staff corruption in 2017”.

What does that mean? What is the investment? What are the intended outcomes?

We need to look at a range of measures, which we certainly can do, although the situation is complicated and challenging. I therefore want to test the Government with some discussion of at least four or five key areas, and I will start with staffing. Perhaps the Minister will reflect on my questions and, if he does not answer them directly, look at Hansard to bring something back to us later today or in the future.

Will the Minister undertake a review of benchmarking in prisons to see whether staffing rotas are right? He has picked the 10 prisons with the highest levels of violence, but will he look at other prisons or prisons as a whole? What measures will he introduce to retain staff who are in post? That means looking not just at salaries or, potentially, enhanced payments, but at valuing people’s work, or discussing with members of staff the retirement profile of those who are leaving, to see whether we can keep experienced staff.

What pay challenges are there? On Tuesday, the Minister indicated to the Select Committee that he was considering allowing governors to enhance pay and to use such things as positive inducements, but various people are sceptical about whether that can be done within the Government’s public sector pay policy and the pay cap, so will he reassure me about how Government pay policy comes into play on staffing? What autonomy will governors have on pay and retention measures designed to keep staff in the 10 or so prisons that are to have governor autonomy? After all, in future, there may be more such prisons.

In the White Paper, the Minister indicated—he repeated this clearly on Tuesday—that he expects ratios of six prisoners per prison officer. When does he expect to reach that target? How far away from it is he now? Will it apply only in the 10 prisons, or will it apply in all prisons? What will happen with the fluctuation of numbers in prisons, and how will he plan for that in future?

One of the key issues for prison security has been mobile phones, which have been a challenge for years—since the day the mobile phone was invented. When I was the Minister, we had BOSS—body orifice security scanner—chairs and lots of other measures. Prisoners, by their nature, want to have a mobile phone, but the Minister can do things about that, which he alluded to in the prison reform White Paper. I want some more clarification. For example, what steps is the Minister taking to trial phone blocking? That has been looked at by some prisons—public and private sector.

In the White Paper, the Minister suggested no-fly zones for drones over prisons. Let us examine that for a moment: what does it mean in practice? How will he operate a no-fly zone? What does it mean? How will it work? What about additional measures on entry and security? He alluded to them with a nice easy sentence on page 48 of the paper, saying that he would:

“reduce the opportunity and attractiveness for visitors to smuggle drugs”,

and mobile phones, into prisons. What does that mean exactly? What measures back up that statement?

To look at drugs generally, the Minister stated in the White Paper that the Government would:

“ensure that the perimeters of prisons are secure and maintained in a state that can help deter items from being thrown into the prison”.

What does that mean? What policy change next year will that mean? Ensuring that the perimeters of prisons are “secure and maintained” is a nice phrase, but what does it mean in terms of resources, focus and activity?

Also, on page 46 of the same document, the Government state that they will:

“continue to pursue and evaluate technology that can detect drugs including body scanners and drug trace detectors.”

What does that mean next year? What does that mean in practical terms for the Minister at the moment?

The Minister said on page 48 that he would look at telecommunications restriction orders to disconnect mobile phones or SIM cards permanently. That is fine and good, and according to the Minister the first disconnections will take place before the end of this year, but what steps is he taking to achieve that? How many disconnections does he expect? In how many prisons will telecoms restriction orders be available? How many phones does he expect to decommission?

Over the summer the new Secretary of State produced that nice, blank statement in the White Paper, and the aspiration is great, but I am interested in the beef behind it. I share Ministers’ aspiration to block mobile phones, but what does that mean and, if I went a year ahead through the magic of a “Doctor Who” TARDIS, how many prisons would have those restriction orders? How many phones would be disconnected? The White Paper is sending out signals about aspirations, without necessarily having any beef behind them.

--- Later in debate ---

[Kate Green (Stretford and Urmston) (Lab)]

It is a pleasure to contribute to this debate with you in the Chair, Mr Nuttall. I am grateful to my right hon. Friend the Member for Delyn (Mr Hanson) for creating the opportunity for this matter to be debated.

We can all agree that we are at an acutely dangerous moment in the management of our prisons. I know that the Minister and his ministerial colleagues are not in the least bit complacent about that, but it has been some years since such a cocktail of problems has created such a sense of instability, insecurity and danger in our prisons. As my right hon. Friend clearly exposed, that is being driven by several complex and interlinked factors that require both immediate action by Ministers and long-term reforms to address some of the underlying drivers of the situation we find ourselves in.

My right hon. Friend talked about some of the most pressing issues that the Minister faces. He talked about overcrowding and the difficulties that creates for managing prisons and engaging prisoners in effective and purposeful activity. He talked about the dramatic staff reductions, particularly the loss of experienced staff. The Minister has ambitious recruitment plans to replace many of the officers who have been lost over the past couple of years. That is welcome, and I join my right hon. Friend in congratulating him on securing additional funding in the autumn statement. However, as we have heard, not only will we inevitably need to over-recruit, but time will need to be spent training and equipping new staff to carry out their roles in prisons. I would be grateful if the Minister said a little about the training that new staff will undergo.

There are other factors that relate less to the decisions that Ministers have taken over the past couple of years and more to the external things that are having a bearing on our prisoners. My right hon. Friend mentioned the dramatic rise in the use of vicious new psychoactive substances and the changing make-up of the prison population, which is making management of prisons an even more challenging task. I do not underestimate the difficulty for Ministers of dealing with that range of complex and pressing problems—I understand that it is difficult to deal with those all at once with immediate effect—but we cannot tolerate another day of the current danger and insecurity in our prison system. We are sitting on a tinderbox, and urgent action is needed to get our prisons back under control.

I do not think the answer can be toughening the regime alone, although it is absolutely right that prison staff and officers have effective control of our prisons; control must not be ceded to prisoners or groups of prisoners. Our prisons work when there is a management model that emphasises consensus between those in custody and those who control them, but in the end prisons must be in the hands and under the absolute control of governors and staff.

Too often, the kinds of activities that we have seen recently—in Bedford and Pentonville, for example—give us a sense of control being lost. As the past year or so has shown, toughening the regime alone will not address that. Under previous Lord Chancellors, aspects of the regime have been toughened. The incentives and earned privileges regime was toughened, and there has been a more restrictive approach to release on temporary licence. Appropriate use of such mechanisms may have a part to play in the good management of a prison, but it is clear that in and of itself, that will not be sufficient to return our prisons to the state that we want to see them in.

My right hon. Friend talked about the particular pressures that Prison Service staff experience. I am well aware that theirs is always a challenging and difficult job, and one that perhaps does not command the respect that it should in wider society. Indeed, prison officers have said that themselves and that was referred to in the evidence that Michael Spurr gave to the Justice Committee earlier this week.

When the Minister responds to the debate, I will be interested to hear about not just what he intends in terms of recruitment, training and professional development for prison staff, but what we can do collectively and what the Government can do to enhance the professional status and regard in which prison officers and prison staff are held across wider society; that is one way in which he can fulfil his ambition to recruit more easily and recruit high-calibre staff with the skills, competences and attributes he would look to have in our prisons. I hope he will be able to say a little on how he intends to improve prison officers’ status, remuneration, incentives —my right hon. Friend talked about that—and training, and what support he envisages will be available in prisons for staff who are under great mental and physical pressures, to ensure their continued and improved wellbeing.

Overcrowding is obviously a problem that has been building up over many years. The Minister will say, quite correctly, that the prison estate still has many old Victorian, unsuitable prison premises in the portfolio. It takes time to replace those with modern, fit-for-purpose buildings. I welcome the new build programme that Ministers have in train, but no matter how much rebuilding, repurposing and refitting of our prison estate Ministers are able to undertake, the underlying problem is the size of the prison population. We need to look at a means of addressing that.

I am afraid I am one of the people who just cannot see any objective case for our prison population having gone from about 45,000 20 years ago to more than 85,000 today. I know that crime has fallen in that period—I readily accept that—and some of that may be attributable in part to the use of custody, but the case for that correlation has not been compellingly made to me or, I suspect, the wider public in a way that demonstrates that the substantial increase in custody in the past 20 years can be wholly justified or explained. It really is time to be prepared to answer some hard questions about the number of people we incarcerate—something I was concerned to hear the Minister was only half-willing to grapple with when he was in front of the Justice Committee earlier this week; in some ways, I think it is still felt to be in the “politically too difficult” box.

I welcome what the Minister talked about when he came to the Justice Committee on Tuesday: attempts to divert offenders to alternative provision, away from custodial sentences. I also welcome the initiative first brought in under the coalition Government and now being rolled out under this Government of post-release supervision for those who have undertaken short custodial sentences. We have all known for many years that, where such sentences are appropriate—they often are not—the high rates of recidivism among that group of ex-prisoners should give us deep concern. I therefore welcome programmes to put post-release supervision in place for those offenders.

However, one consequence of that approach has been, perversely, to drive up the prison population in relation to the number of those who have been released following a short custodial sentence and then breach their post-custodial supervision arrangements. If we look at the latest offender management statistics, published for April to June, we see that of 5,512 licence recalls, 2,045 were of prisoners who had been serving sentences of less than 12 months before release, which represents an increase of 79% over the same period in the previous year.

There is a particular concern in my mind about the effect on women offenders, because they are more likely to be serving shorter sentences. Therefore, incarceration following breach during supervision on licence is likely to be bearing particularly harshly on them. While, as I said, I welcome the post-release supervision arrangements put in place, it is time for us to start asking the hard question of Ministers of whether we are now seeing an unintended consequence of the way in which the arrangements are implemented that means that more offenders are coming back into custody than might previously have been the case.

My right hon. Friend mentioned the long-standing concerns about IPP, or imprisonment for public protection, prisoners, which I share. I am concerned that, although four years ago the coalition Government removed the IPP sentence—that did not have retrospective effect—the rate of progress since then has been slow in releasing those prisoners in custody on an IPP arrangement, particularly because the report by Her Majesty’s inspectorate of prisons shows progress has been “painfully slow” in releasing prisoners at the appropriate time.

IPP prisoners still form 16% of the prison population, and some have experienced very long periods of incarceration over the length of their tariff, especially those—about a fifth of them as of March last year—who had received an original tariff of less than two years. Bearing in mind that no one after 2008 will have received an IPP arrangement if they had had a sentence of less than two years—it was no longer possible after 2008—we are talking about some people who now, the best part of 10 years after the sentence has been imposed, are still in custody on an IPP arrangement. I venture to suggest to the Minister that that might be a group for early attention in looking at whether there are opportunities for some to be released.

A number of approaches could be taken. Obviously the protection of the public and risk factors will be on the Minister’s mind, and I understand that, but we must look both at opportunities to identify those prisoners who could and should now be released and at those who Ministers do not yet feel confident in releasing. What programmes are being put in place in our prisons to enable them to progress to the point where it will become safe for them to be released?

We know that the Ministry of Justice has set up a dedicated unit to look at the IPP prisoners issue. I have no idea what that unit has been doing, so I hope the Minister will enlighten us on its plans for the future and on the progress and impact it has been able to make to date.

Finally, I want to talk about a group that, as my right hon. Friend rightly pointed out, I am always concerned about in our custodial system: women in prison. It is my firm view that there are many women in our prisons who are there not because they pose a risk or threat to society but because they have been driven there by a set of circumstances in which they have been victims of abuse and traumatic life circumstances. Women in custody are more prone to self-harm, and there are many with complex needs.

There is widespread agreement about the opportunity to try to bring down the number of women in our prisons and the fact that prison closures, such as the recent closure of Holloway, offer an opportunity to reconfigure the custodial estate to meet the particular needs of women offenders. It is now nearly 10 years since Baroness Corston’s seminal report on the management of women in the penal system. At that time, she recommended that it was inappropriate for women to be in large custodial institutions and that most would be much better supervised in the community, making use of, for example, women’s centres, enabling them to stay close to their home, to continue to look after their children and maintain their community and family ties. She also said that, for that small group of women for whom custody is necessary, it would be appropriate to hold them in much smaller, local, secure units.

I want to ask the Minister specifically about his intentions in relation to that group of offenders. When I asked the Justice Secretary about the issue in the Chamber on 3 November, she said that she did intend to replace some of the old women’s prisons with small, local custodial units. However, I understand that that is not necessarily the kind of secure, very small and very local unit envisaged in the Corston report. I ask the Minister to be a little more specific about how local those local units will be. Given that not many women are in custody, and that there are fewer institutions across the country, women are inevitably held further from their families in many cases.

How small will those units be? How many women does the Minister envisage will be in each, and how will they be designed and adapted to meet the specific and particular needs of women in custody? What kind of regimes and opportunities does he envisage being on offer for rehabilitation and, indeed, to address the underlying problems that have led women into offending behaviour?

The Minister has a real opportunity right now, if I may say so, because this is probably a once in a generation reconfiguration of the estate. He has a real chance to do something bold and future-proofed—particularly for that small group of women offenders who need a custodial sentence. I hope he will be bold and will be able to offer if not specific plans, at least a willingness to explore as broadly as possible what those Corston units might look like in today’s context.

My final point is about new psychoactive substances; I want to press the Minister a little more on the proposals in the White Paper around attacking those pernicious substances in our prisons. I am aware that Ministers want a more assertive testing regime, and I understand why, but those regimes have historically not been successful. They have quite often run into difficulties such as, for example, motivating offenders to switch to the use of a different—perhaps less easy to detect—substance. There is a real issue in relation to those new substances, which, as the Minister knows, are constantly mutating and changing as new forms and versions of them are developed. I am interested to know how he intends for his new testing regime to keep ahead of that curve.

In the end, the answer to the rise in the use of those dangerous substances will not be found, to any considerable extent, in mandatory testing, but in offering purposeful regimes that get prisoners out of their cells and engaged in activities that improve their learning, their employment prospects and their social engagements. The incentive for prisoners to use such substances is to combat the boredom and distress that they otherwise feel when locked in their cells—for up to 23 hours a day, as my right hon. Friend the Member for Delyn said. The answer must lie in a change of regime, which is not to say, of course, that the Minister is not right to want to do all he can to keep those substances out of prisons altogether.

As I said, I do not think that there are simple answers to the many problems now pressing on our prison system. However, as my right hon. Friend made clear, we now need very quick answers. We cannot go on with the pressingly dangerous situation that we find ourselves in. Like my right hon. Friend, I look forward to hearing how the Minister intends to put flesh on the bones of the White Paper, and how he intends to make an immediate difference to the situation that we face.

--- Later in debate ---

[Mr Gyimah]

We already have mobile phone blocking in some of our prisons. One challenge with mobile phone blocking is that in some prisons in urban areas we could end up blocking the mobile phones of people who are not in the prison. That is why we are developing a bespoke solution, working with the operators, and we have signed an agreement with them to go ahead with three jails early next year and then on that basis roll it out across the estate.

As for psychoactive substances, much has been said about drugs and our approach to them. We have trained more than 300 dogs to detect psychoactive substances. The point of mandatory testing, other than deterrence, is to help, because if someone is on those drugs, they need treatment, and the only way we can know that they are on the drugs is by testing and finding that they need help to come off them, or punishment where that is necessary.

[Kate Green]

I ask the Minister to keep the effectiveness of mandatory testing under careful review, particularly in relation to those substances, because if they keep being reformed and redesigned to make detection more difficult, the testing will not keep up with the changes in the make-up of the substances being used. I am not saying that he should not be doing mandatory testing and I understand his point about a deterrent effect, but I ask him to keep the effectiveness of that approach under review and to undertake to report to the House regularly on what it is achieving.

[Mr Gyimah]

Of course we will keep the effectiveness under review. Drugs are such a problem in terms of prison violence, safety and the effect on our prisoners that we ought to do so because we have to deal with the problem, and we will keep it under review.

A question was asked about drones and no-fly zones. We are looking to work with drone operators to programme the co-ordinates of prisons into drones so that if someone buys a drone from the operator and tries to fly it into a prison, it just collapses before it reaches the perimeter. That is technologically possible. On the point about the physical infrastructure, we have seen improved netting and CCTV, which help in dealing with that challenge.

Prison Safety and Reform

Kate Green Excerpts

Thursday 3rd November 2016 Commons Chamber

[Elizabeth Truss]

My hon. Friend is right: being on drugs is one of the major causal links to reoffending. That is why we will test prisoners for drugs on both entry and exit, to see how effective the regime in prisons is at getting offenders off drugs.

[Kate Green (Stretford and Urmston) (Lab)]

It is almost 10 years since Baroness Corston’s report recommended women should be held in small custodial units, if in custody at all, and as close as possible to home. The Secretary of State has just spoken of substantial investment in the women’s estate, which is very welcome. Will she be able finally to take this important turning point as an opportunity to implement that Corston recommendation?

[Elizabeth Truss]

I can confirm we are developing the idea of women’s community prisons, which will be smaller-scale prisons specifically designed to address the needs of women. We will outline more about that in due course, and look at overall reform in respect of women offenders in the new year.