Victims of Crime: Rights

Kevin Foster Excerpts

Tuesday 13th March 2018 Westminster Hall

[Kevin Foster (Torbay) (Con)]

Thank you for calling me so early, Mrs Main. It is a pleasure to serve under your chairmanship.

I congratulate the hon. Member for Leeds North West (Alex Sobel) on securing this debate on such a major issue. I will explore how victims are heard and the penalties for offenders, and how they relate to the changing nature of crime and to people actually realising that they are victims, which is a particular issue for some of my constituents.

I have always been a fan of more restorative justice. St Martin’s church in Barton in my constituency was attacked by vandals who were just over the age of criminal responsibility. A restorative path was chosen, as it was felt that the two individuals coming to the church, meeting the vicar and hearing from the churchwarden about the effect of what they had done would have a far greater impact on them than a police officer bluntly giving them a caution, or their potentially going before a youth court. The church continues to engage with the two young men and their families, trying to make them see clearly that the church is part of the community and the impact on those who were damaged.

On a wider scale, the offender management team in Torbay tries to use more restorative justice, particularly for lower-level offending that would not attract significant terms of imprisonment. Genuine restorative justice can be more effective than a blunt fine, which might disappear into a court or be added to a list of other fines being paid off via earnings or welfare benefits attachments; it can be something that might stick in someone’s memory.

It has been interesting talking to the local police in Torbay about an emerging trend, whereby people—mostly older men—with assets are targeted by ruthless individuals who look to exploit them by forming a relationship with them, even a sexual one, with the purpose of getting at their bank balance and draining their assets. When it is happening, many of these people do not realise they are victims; some might not even see it after the person unsurprisingly disappears, when the money starts to run out or when other members of the family start to get involved. How do we get people to understand the nature of being a victim today? Some people do not see it, and some fail to understand what their assets are worth—some who are starting to suffer dementia will not realise that the price of something 30 or 40 years ago is not its value today.

[Sarah Champion]

Does the hon. Gentleman agree that when the person involved has learning difficulties or mental health issues the crime needs to be designated as a hate crime and afforded the additional sentence for the perpetrator?

[Kevin Foster]

The courts should certainly consider it an aggravating factor if someone is vulnerable. However, it is a difficult line to draw for people who have not yet been diagnosed or been deemed to have lack of capacity—those who are still able to manage themselves and their finances in day-to-day life. They might have started to lose track of exactly what they are worth, or they might not have been as wealthy in their younger days but have now had a retirement golden handshake or have bought a house or another asset that is worth far more than they realise. I agree that the courts should certainly consider that as an aggravating factor, because this is almost the ultimate breach of trust: someone professing love and affection, targeting the fact that someone is vulnerable and lonely.

For me, this is also about victims coming forward. I am pleased to see some of the efforts being made regarding domestic abuse, including the Bill that is to be introduced. I will not give their name, because it is not appropriate, but someone I am very close to was a victim of domestic abuse for more than 30 years. For most of that period, they did not realise that they were a victim; they thought that that was what most marriages were like—husbands beat their wives. It was only when others started to guess what was going on that they realised that they were a victim of very serious offences. The offender has now passed away.

I am conscious that other colleagues would like to speak, so I will conclude by saying that I welcome this debate. It is important that victims are at the heart of the criminal justice system and are the ones who matter; they are not just a statement of evidence or part of a case. Justice has to be seen to be done, not just according to the law but according to the victims as well.

Oral Answers to Questions

Kevin Foster Excerpts

Tuesday 6th March 2018 Commons Chamber

[Kevin Foster (Torbay) (Con)]

T3. The Torbay offender management team works to reduce crime and prevent those released from prison from reoffending. What assessment has the Lord Chancellor made of its effectiveness in preventing crime in Torbay?

[Rory Stewart]

That is an interesting example of a community rehabilitation company in Devon and Cornwall. The particular strengths of the Torbay approach seem to us to be in the partnership working with the police and children’s services and in the work done with Catch22 on accommodation.

Parole Board: Transparency and Victim Support

Kevin Foster Excerpts

Friday 19th January 2018 Commons Chamber

[Mr Gauke]

In terms of the action that may be brought by victims on this, I do want to be very careful in my remarks. As I have said, just because I am not taking action does not mean that others cannot, because these legal cases can depend precisely on the position that they are in. It is the case that legal aid generally remains available for advice, assistance and representation in relation to judicial review of an enactment decision, act or omission, and that would include decisions of the Parole Board where there is sufficient benefit to the individuals in bringing judicial review.

[Kevin Foster (Torbay) (Con)]

All of us in this House respect the independence of the judiciary, but transparency needs to come with that independence—hence sentences are given in open court and judgments are available for all to read. Does the Secretary of State therefore agree that the outcome of this review must be greater transparency in Parole Board decisions, which are such a key part of our criminal justice system?

Parole Board and Victim Support

Kevin Foster Excerpts

Tuesday 9th January 2018 Commons Chamber

[Mr Gauke]

I hear what the hon. Lady says. When I set out the case for reviewing transparency, I referred to the reasons that the Parole Board gives for a particular decision being put in the public domain. I think that we need to consider precisely what information can be put into the public domain, and that is the purpose of the review.

[Kevin Foster (Torbay) (Con)]

As the Lord Chancellor knows, it is vital that justice is not only done but seen to be done. That is why judges hand down sentences and give the reasons for them in public, and it is why I think that the same should apply to the Parole Board, given what an important part of the process is involved. Will the Lord Chancellor commit himself to making a statement to the House when he has completed the review, outlining what action he then proposes to take?

[Mr Gauke]

The House would rightly expect me to keep it fully informed, and I certainly undertake to do that.

Prisons (Interference with Wireless Telegraphy) Bill

Kevin Foster Excerpts

2nd reading: House of Commons
Friday 1st December 2017 Commons Chamber

[Wendy Morton (Aldridge-Brownhills) (Con)]

It is an absolute pleasure to speak here today in support of the private Member’s Bill introduced by my hon. Friend the Member for Lewes (Maria Caulfield). She has clearly done a tremendous amount of work, on top of the preparations and foundations that had been laid by the right hon. Friend the Member for Tatton (Ms McVey), who first presented the Bill to the House. As someone who has taken two private Members’ Bills through this place—my aim is to make it a hat trick, but who knows? It is all down to the ballot—I really appreciate how much hard work my hon. Friend the Member for Lewes has put into getting the Bill this far. I sincerely wish it a safe and secure passage through its remaining stages here and in the other place, so that it can take its rightful place on the statute book.

My hon. Friend has a prison in her constituency, and she therefore brings a huge amount of experience and knowledge to the debate. I cannot bring any such experience, but I know that my constituents are very interested in the Bill, as I am sure all our constituents are. The fact that this topic has frequently been raised at Home Office questions is a further indication not only of the fact that the Government take the issue seriously but of the interest in it from Back Benchers and from our constituents.

[Kevin Foster (Torbay) (Con)]

My hon. Friend is making an excellent speech. Does she agree that even those of us who do not have prisons in our constituencies understand that people who have been locked away to protect the public should not be able to communicate with their former criminal associates in our constituencies?

[Wendy Morton]

My hon. Friend makes a valid and pertinent point. People who go to prison should not have the connections and privileges that those of us in the outside world enjoy. I know that a lot of my constituents would take that point on board as well.

The main aim of the Bill is to authorise public communications providers to disrupt the use of unlawful mobile phones in prisons. When I was reading the background papers for the Bill, I was interested to note that in 2016, approximately 13,000 mobile phones and 7,000 SIM cards were found in our prisons. The number of phones represented an increase from 7,000 in 2013. Those shockingly high numbers are a further indication of why the Bill is so important. I hope that it will make it easier for the governors of our prisons to tackle this problem. It is a way for us to show that we are on their side.

The illicit use of mobile phones undermines the safety and security of our prisons and enables criminals to access the internet. It is unacceptable that criminals should be able to continue to direct illegal activity from behind bars. The Bill will create a new power for the Secretary of State to authorise public communications providers to interfere with wireless telegraphy in prisons in England and Wales, in addition to the existing authority that can be given to governors.

--- Later in debate ---

[Wendy Morton]

My hon. Friend makes a really important point. What we are trying to do here is tackle the problem while keeping a focus on what prison is all about. It is about trying to reduce reoffending, and about rehabilitation.

A number of years ago, I visited an organisation in the north of England and met one of its pastoral workers. He explained to me how some individuals seemed to go through a revolving door, in that they would go into prison, come out, reoffend and go back in. It is not right for those individuals to be caught up that sort of lifestyle, nor is it good for others in prison. Importantly, it is also not good for our communities, so my hon. Friend the Member for Eastleigh (Mims Davies) makes an important point. It is worth remembering that almost half of all prisoners are reconvicted within a year of release, and the cost to society of reoffending by former prisoners is estimated to be up to a staggering £15 billion a year, so this Bill is vital.

I had intended to ask the following question of my hon. Friend the Member for Lewes, but I failed to intervene, so perhaps she or the Minister will clarify this later. Will the Bill create an extra burden on prison governors? My understanding is that it will not and that it will actually make their job a lot easier, but it is important to get clarity on that for those listening to the debate.

If we can take this Bill through Parliament and if we can transfer powers to public communications providers, that will enable us, the Prison Service and prison governors to stay a little more ahead of the curve or at least keep close to it. We all know how quickly mobile technology, and technology in general, can change, and we so often hear how quickly new powers that we have legislated for can become out of date because those who seek to do us harm are one step ahead of us. I therefore hope that the Bill will go some way towards addressing that.

[Kevin Foster]

Does my hon. Friend agree that the Bill’s key purpose is to shift powers to the providers? Ultimately, it is the providers that have the technology and the teams of skilled people. The Bill also is about them ensuring that their networks are not being used to continue criminal activity by those behind bars, from whom the public should be protected.

[Wendy Morton]

I am grateful to my hon. Friend for reminding me of that. The Bill will hopefully give the initiative to those who are at the heart of technological advancements so that we do not have to legislate again if we are behind the curve after six months or a year. This is about the Government working in partnership with prisons, governors, the Home Office and providers. If we can get it right, that has to be the way that we continue to move forward. [Interruption.] My right hon. Friend the Member for Tatton is nodding. I appreciate that she cannot contribute to the debate, but it is so good that she is here and lending her continued support to my hon. Friend the Member for Lewes.

I want to touch on one or two other points about mobile phone use in prisons, which is often raised in the Chamber. If I check my record, I think I will find that I have asked questions about it. As Mr Speaker knows, I frequently ask questions on various topics that affect my constituents and my constituency—as he would of course expect. The Government have made it clear that the illicit use of mobile phones undermines the safety and security of prisons and enables criminals to access the internet, which should not be the case. In addition to the Bill, other action is being taken to tackle the issue of mobile phones in prisons because the number of devices seized continues to be high, as I said earlier.

Some £2 million has been invested in detection equipment, including handheld detectors and portable detection devices. Every prison in England and Wales—I sadly note that no Welsh colleagues are here today, but I am sure that they are listening to the debate—is being equipped with technology to strengthen searching and security, including portable detection poles that can be deployed at fixed points, such as at reception, and extra portable signal detectors to use on the wings in support of searches. In September, an invitation to tender was launched for the testing and purchasing of new equipment to block mobile signals at close range. Other new technology is being trialled, including body cameras, to tackle the threat posed by contraband smuggled into prisons, which includes mobile phones.

This is a further example of the Government’s continuing good work to support those working on the frontline—in this case, our prison officers and governors. A few weeks ago we debated the Assaults on Emergency Workers (Offences) Bill, which is another good example of the Government and the Opposition working together to protect the protectors.

I will support the Bill, I sincerely wish it good and safe passage through the House, and I look forward to following its progress.

[Kevin Foster (Torbay) (Con)]

It is a pleasure to be called to speak on Second Reading. It will come as no surprise to those who follow my contributions in this House that this is exactly the sort of Bill that I like to be here to support on a Friday. I am delighted that my hon. Friend the Member for Lewes (Maria Caulfield) has picked up the Bill, following on from the work of my right hon. Friend the Member for Tatton (Ms McVey), and introduced it, having been lucky in the ballot. Like my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), I had a private Member’s Bill passed in the last Session and came to watch the doffing of caps as it received its Royal Assent. It is always good to see people coming forward with ideas, and it is a reminder that Back Benchers can make a difference in this place.

[Wendy Morton]

On Back Benchers introducing legislation, does my hon. Friend agree that sometimes what seems like a small piece of legislation—often just one or two clauses—can make a big difference? I believe this Bill will do that.

[Kevin Foster]

My Bill will make a big difference to the future of community radio, and this Bill will hopefully make a big difference to protecting many of our communities.

As I said in my earlier intervention, this is not just a Bill for people who have a prison in their constituency. This is about preventing people who have been sent to jail by the courts—particularly those who have been jailed as a deterrent and to protect the public—from continuing their criminal activities via modern technology. A Victorian designing a prison such as Dartmoor, which is remote and outside Princetown, would have thought prisons keep people away from communication. Many of our jails are located away from populations.

The idea for keeping people in prison is not just to punish them but to protect wider society. That means preventing people from running their activities in prison. When most of our jails were built—even 20 years ago—the explosion of technology would have been unimaginable. At that time a phone call could have been made via a mobile network, but people now effectively have an entire computer on their smartphone. They are able to tweet, to use social media and email, and to go on encrypted sites. These forms of communication are all far beyond any unopened letter, and our law clearly needs to keep up to date with that huge change. Even when the rules were passed a few years back, smartphones, smartwatches and various other items of wearable tech that could be smuggled into and used in prisons would have been unimaginable.

I welcome the Government’s action to stop contraband getting into prisons, but there is an obvious solution, which is to block the signals. That technology exists, and the onus should not be on a governor to turn over a whole jail to try to find every last phone. Likewise, people on duty need to be alert at all times, so use of technology is not a sensible part of their working day.

The onus should also be put back on the operators. Most operators will be up for this, because I cannot see any national network wanting to install a mobile mast to deal with demand from a local prison. They will not want to do that. [Interruption.] Mobile phones can sometimes even be heard in this Chamber, which shows their reception. [Interruption.] I do not know what on earth that is. [Interruption.]

[Mr Speaker]

Order. That most peculiar noise is not reminiscent of any mobile phone known to me. [Interruption.] It is an extraordinary pinging sound that should be discontinued. I suppose it shows the breadth and diversity of mobile phone noises. I hope the problem has now been addressed.

[Kevin Foster]

Thank you, Mr Speaker. It is ironic that that would happen in this of all debates—we have a debate on where it is inappropriate for a mobile phone to be used being interrupted by a mobile phone left on the Benches. I suspect the Member whose phone it is will find the Deputy Chief Whip of our party wanting to talk to them about her views on where mobile phones are not appropriate. It is not just in jails, but in the Chamber.

[Mims Davies]

I would like to help the debate and my hon. Friend. I believe that was a signal displaying that a phone has been lost, allowing it to be found by the person looking for it. This highlights just how technically able these phones can be—we may not know how capable they are.

[Kevin Foster]

I completely agree with my hon. Friend on that. Modern phones can monitor someone’s heartbeat and health, and do a range of other things. We have just touched on how they can even be used to determine location, which becomes a real issue as this technology gets more accurate. One of the great train robbers was helicoptered out of a prison, so knowing exactly where someone is in a large complex can be a very useful piece of information for someone looking to carry out a violent break-out. Making it clear that someone cannot just be pinned down via mobile phone or a piece of wearable tech is one of the things—

[Wendy Morton]

I am grateful to my hon. Friend the Member for Eastleigh (Mims Davies) for giving us the benefit of her wisdom. I was concerned that you might look at this Bill and think that there is perhaps some use for it here in the House of Commons, Mr Speaker—let us hope not! On a more serious point, my hon. Friend the Member for Torbay (Kevin Foster) was touching on security and safety in relation to the mobile phone that went off a few moments ago, and he was making a salient point. Does he agree that at the heart of this Bill there is something important in relation to the safety and security of prisons, all the prison staff and everybody who resides in a prison?

[Kevin Foster]

I absolutely agree with my hon. Friend on that. I suspect that someone might propose an amendment in Committee to say that we should define this Chamber as somewhere where certain things can be interfered with, particularly the noise of a mobile phone.

This Bill is about public protection. It is not about putting in place a rule just to spoil someone’s fun. It is about taking someone offline and stopping them using technology for harassment, as my hon. Friend the Member for Eastleigh (Mims Davies) discussed, for the purpose of continuing to manage their criminal gang, for locating exactly where someone is in a jail or for intimidating prison staff. I will not provide names, as it is not appropriate for me to do so and I do not have this person’s permission, but I have had to deal with a member of our prison staff who was badly assaulted while doing his duty in one of our prisons. He explained to me that sometimes certain prison staff will be targeted by some of the inmates and by gangs outside. Again, technology does not help us on that, as it allows images to be taken, people to be located and others to see who is there. We forget that a mobile phone is not just a way of communicating; it is a way of recording almost everything that is going on.

[Wendy Morton]

I wonder whether this Bill will also help to reduce prisoner-to-prisoner bullying and harassment that could occur through mobile phones.

[Kevin Foster]

It has the potential to do so, although there will always be issues with those who are confined in spaces because of violent offences and the backgrounds they have. My key concern is preventing their being able to do this outside and to continue intimidating victims. I have a particular concern about those on remand intimidating witnesses. The whole point is that they are in on remand to prevent them from absconding and from interfering with a witness, who may be the main part of the evidence against them. An ability to communicate outwards opens up opportunities to do so or to co-ordinate with people with whom they should not be co-ordinating via a mobile phone. The technology is in place, which is why it is right that through this enabling Bill—it does not set out the whys and wherefores—we are allowing providers to switch off those phones. As I mentioned earlier, they do not want their networks to be used for these purposes. They want to ensure that they are secure.

I am conscious that time is moving on. I am pleased to support the Bill and I note the work that is being done. As my hon. Friend the Member for Aldridge-Brownhills pointed out, when about 13,000 mobile phones are seized in prisons each year that is not just a minor problem. I welcome the efforts being taken in every prison in England and Wales, and, given that the operators work on a UK-wide spectrum, I hope that there would also be co-ordination with authorities in Northern Ireland and Scotland—although no Members from those two nations are in the Chamber—to crack down on people in jail.

I suspect another technology we will return to is drones, and how they start to impact on safety and security in prisons. We have seen dramatic footage online and in the media of what is happening, and it would be interesting—although probably not in this Bill—to discuss how we can use technology as it develops to prevent drones from entering certain areas or to interfere with their command signals. That will probably not just be an issue for prisons, and I know that a Bill on drones is forthcoming. That will be a good thing for us to debate.

It is absolutely right that today’s Bill has been introduced, because, ultimately, it provides that stop. We can do a lot of work, we can have body scanners, checks and cell searches, but ultimately the way to kill off a mobile phone is to break its signal and stop it being used. We need to say to the operator that they have the ability to do so, and that there are ways in which they can locate a phone that is being used, as we have seen in cases of missing persons or that have tracked back what was happening with a phone. Fundamentally, a mobile phone regularly being used within the confines of a prison wall is a mobile phone that should not be being operated. It should be switched off. It is a potential breach of the sanctions.

As has been said, people are sent to jail as a punishment for criminal offences or because, in order to protect the public, it is in their interest to take away an individual’s liberty and certain ways of communicating. None of us would suggest that someone on remand for a sexual offence should be able to put letters into the postal service without their being monitored; the situation should be exactly the same in this instance and with electronic communication.

[Wendy Morton]

Does my hon. Friend agree that the Bill sends out a strong signal to those in prison that the use and holding of a mobile phone will not be acceptable anymore?

[Kevin Foster]

I thank my hon. Friend for that intervention. It will send out a strong signal by helping to cut off a signal; ultimately, that is what the Bill will do.

I am conscious that we are on Second Reading. There will clearly be opportunities in Committee and on Report to explore the Bill in greater depth, and any commensurate orders that the Government introduce to implement it will offer the opportunity for parliamentary scrutiny.

I totally welcome the Bill, which is part of our catching up with modern technology and ensuring that people are kept safe. That is why it is vital that it is given its Second Reading and that it has Government support. I am certainly looking forward to hearing my hon. Friend the Minister’s comments. I welcome the debate so far and hope all hon. Members will give this Bill the Second Reading it deserves.

Prison and Youth Custody Centre Safety

Kevin Foster Excerpts

Wednesday 19th July 2017 Commons Chamber

[Kevin Foster (Torbay) (Con)]

The Minister will share my concern about the impact of contraband, and particularly new psychoactive substances, on prisoners and the violence that it can cause, so will he say what measures the Department is taking to prevent such materials from getting into prisons?

[Dr Lee]

I thank my hon. Friend for his question. We have improved the seizure of drugs; the figure for the past 12 months is about 225 kg, which is up on the previous year. We have employed dogs to detect psychoactive substances, and we were the first jurisdiction in the world to introduce drug testing for psychoactive substances. We continue to develop that service as the substances evolve.

Prison Officers Association: Withdrawal from Voluntary Tasks

Kevin Foster Excerpts

Tuesday 28th February 2017 Commons Chamber

[Mr Gyimah]

We will obviously look at its recommendations. Let me make this clear: we value prison officers and the hard work they do, and we have already taken a lot of action to recognise that. The right hon. Gentleman cannot ask me to commit at the Dispatch Box to results that I do not know.

[Kevin Foster (Torbay) (Con)]

I agree with the Minister that it is wrong for this strike to go ahead, particularly given the services that it affects. I know he will share my concern at the 6,000 assaults on prison officers up until June 2016. Will he reassure me on the actions being taken to tackle this and to ensure that those who commit these assaults are held to account?

[Mr Gyimah]

My hon. Friend is absolutely right. Prison officers work in a very challenging environment, and our job is to keep them safe in that environment. We are looking at a number of things, including making sure that any crime scene is preserved, working with the local police forces that attend the scene, and making sure that impact statements are well prepared and admissible in court. We are also ensuring that when someone assaults a prison officer and is convicted, the sentence is consecutive rather than concurrent with their existing sentence. I agree that it is vital that we keep prison officers safe.

Domestic Violence Victims: Cross-Examination

Kevin Foster Excerpts

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

Yes.

[Kevin Foster (Torbay) (Con)]

I welcome the tone of the Minister’s remarks so far. Does he agree that the point about legal aid misses the fact that some of these perpetrators are almost certainly using the ability to cross-examine their victims as a tactic in the courts? As that is motivating what they are doing, it is even more important that this plug in the law is made to stop this practice continuing.

[Sir Oliver Heald]

My hon. Friend and a number of other colleagues are saying that cross-examining the victim in these circumstances is a form of abuse in itself. I agree, which is why we are keen to conclude this review on a short timetable, as I said to the hon. Member for Leeds West (Rachel Reeves).

Prison Officers Association: Protest Action

Kevin Foster Excerpts

Tuesday 15th November 2016 Commons Chamber

[Elizabeth Truss]

We are absolutely willing to consider those people returning to the service. We want to recruit high-quality officers.

[Kevin Foster (Torbay) (Con)]

The Justice Secretary says that she wishes to recruit high-quality officers. Does she agree that veterans of our armed forces have exactly the type of skills needed to deal with challenging situations in our prisons? Will she update me on what is being done to ensure that they are recruited into the Prison Service?

[Elizabeth Truss]

We have a specific programme to recruit former armed service personnel who are highly suitable to working in the Prison Service as they bring with them values of discipline and hard work, which are so important in turning the lives of offenders around.

Oral Answers to Questions

Kevin Foster Excerpts

Tuesday 1st November 2016 Commons Chamber

[Dr Lee]

I am aware that a constituent of the hon. Gentleman was recently knocked down and killed by a driver over the drink-drive limit, and I offer my deepest condolences to the family of that constituent. Parliament sets the maximum penalties for road traffic offences, and we intend to consult by the end of the year on driving offences and penalties for the most serious cases that result in death or serious injury.

[Kevin Foster (Torbay) (Con)]

I welcome the Minister’s comments, but will he reassure me that part of the review will consider whether greater use can be made of the charge of manslaughter, so that those who have behaved so recklessly and caused someone’s death get the same type of penalty for doing that with their car as they would if they had done it with anything else?

[Dr Lee]

The Crown Prosecution Service can and will charge a person with manslaughter where the evidence supports that charge, it is in the public interest to do so and there is a reasonable prospect of a conviction. In many driving cases, however, the offending behaviour, which may be highly irresponsible, does not suggest that the vehicle was intentionally used as a weapon to kill or commit grievous bodily harm or that the standard of driving was grossly negligent.