Prison Staff: Health and Safety

Liz Saville Roberts Excerpts

Wednesday 18th March 2020 Westminster Hall

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Diolch yn fawr iawn, Mr Robertson; it is an honour to serve under your chairmanship. I highly congratulate the hon. Member for East Lothian (Kenny MacAskill) on stepping in to lead the debate. I rise as co-chair of the justice unions parliamentary group, and I should also mention the Joint Unions in Prisons Alliance and its “Safe Inside Prisons” charter. I thank all staff in prisons. They are, in many cases, by the nature of their work, invisible and unheard heroes, which we should bear in mind.

Staff in prisons will be very aware of the criteria against which they are held to account by Her Majesty’s inspectorate of prisons. If safety is one of the four healthy prison tests at inspection, surely health and safety in prisons must be on every agenda all the time. Whether in the private or public estate—no matter who employs the member of staff—safety is a priority.

Safety of course means freedom from violence and from the threat of violence, and must apply equally to everyone in the prison estate. It is therefore a matter of surprise to me that inspection reports reference prisoner-on-prisoner violence specifically, while violence towards staff is much less of a priority. Yes, the purpose of a prison inspection is to assess the experience of prisoners, but the very nature of the prison estate means that the health and safety of prison staff is intrinsically bound to the health and safety of prisoners.

To me, it is self-evident that a workplace that sets so low a priority for its staff’s welfare as to fail to record every incident of violence against them will inevitably also fail on the welfare of prisoners. The culture of fear and reluctance around the reporting of violent incidents needs to be challenged and radically changed. If present priorities effectively reward under-reporting, every step must be taken to ensure that violence against all staff is recorded and promptly acted on. Currently, the system appears to contain perverse incentives that actively encourage under-reporting.

If the targets against which prison management is answerable are producing such results—effectively creating an environment in which violence against staff is ignored—those targets or contractual requirements must be changed —they are otherwise unfit for purpose. Raising the priority of staff safety will require a culture of change at all levels. The regular use of body-worn cameras, for example, would aid in the collection of evidence. To bring about their intended effect, challenge, support and intervention plans need to be rigorous, sufficiently challenging for violent prisoners and supportive enough of prisoners who are victims of violence.

There must be a record of every act of violence against any member of staff employed in a prison, as well as meaningful consequences for prisoners who commit such violence. Those consequences could come through judicial process or internal prison procedures. Attacks on staff can no longer be excused as collateral damage in the hidden theatre of violence staged behind high walls across England and Wales.

HMP Berwyn is the newest facility in the prison estate, having opened three years ago, and the second largest prison in Europe, with capacity for 2,100 prisoners —there are about 1,800 there at present. I will read from the exit interview of a member of staff who left last month after working there for just over two years—the attrition rate is between 10% and 14%. I will try to be as brief as possible, and will leave out the sections that I could not corroborate with others—I have checked what I am about to read out. He said:

“Most importantly the staff and friends who I have worked alongside have made the job for me. They are the reason us staff come in every day, and I will always thank the place for letting me meet these people. I have made friends for life and also met a partner within the service, who is fantastic and has been brilliant and supportive, especially after I was recently assaulted on Christmas day at HMP Berwyn.

I feel at HMP Berwyn everything always seems to be about the prisoners. So long as the regime is running, nothing else matters. Band 3 officers are not listened to, staff safety is not a priority and is constantly compromised and undermined. Recently I was assaulted with hot water on 25/12/2019 on Alwen B Uppers by a prisoner. This has been the final nail in the coffin for me. I was almost left blinded in my left eye and during my time trying to recover occupational health had been in touch at the start of January with me and have offered support and a meeting on the 25/02/2020, two months after the incident, by which point I will have left HMP Berwyn, so this is no use whatsoever.

More importantly, I called North Wales Police in the new year of 2020 to discover they had no record whatsoever that I had been assaulted or taken into A&E due to an assault, and I had to chase up the police, crime number, security and police liaison officers to make sure it was reported correctly, and find that the prisoner was not taken to segregation immediately, and the paperwork that was meant to reach the police liaison officer was lying around on a desk somewhere. Surely this should not be the case when I myself was blind in one eye, at this time recovering at home, feeling helpless.”

I will move ahead. Talking about his own work, this man said:

“I was always on time, I worked late, I tried to be proactive and I worked through lunch, yet some people would stroll in 20 minutes late (weekends and mornings), sit in the office, let prisoners get away with basic things…hide within the jail, but would never be pulled up or even spoken to. I made myself ill giving my all to my unit. Yet you have people doing the bare minimum and getting away with it, and this used to drive me crazy.

Also we are trying to tackle drink and drugs as a priority within the jail, yet you clearly have staff taking drugs at weekends and coming into work under the influence. Yet nothing is ever said or done in regards to this. Also, staff who have been given criminal convictions during their employment have been allowed to stay in their jobs.”

I will move ahead again to “evidence handling”, and we must remember that this is a man who has been assaulted during his work:

“Evidence handling is poor. Nothing is ever bagged or tagged correctly. Extra training, I feel, needs to be provided on this. I was assaulted on Christmas day, yet my clothing was not taken from me. This could have been vital evidence. We are always short on prison officer numbers yet we continue to take more prisoners into the jail, and compromise staff safety, and try to make do, rather than lock wings down. We put people onto wings or on key working shift to unlock, then, when it comes to feeding, we are scraping around, looking for a third member of staff rather than just shutting a wing down.

I am reluctant to complete this form, as many times we as officers speak up and nothing ever gets changed. I doubt this form will even get the chance to see the number one governor or senior management team or be looked at, due to negativity. But I can with my hand on heart say I gave my all, 100% all the time… I wear my heart on my sleeve and I take pride in my work, and this can be backed up by anyone you want to ask in the jail. Yet I will make these points to try and help you retain staff, as I can assure you many others are close to leaving and a high percentage of your prison officers (very good ones at that) are currently seeking employment elsewhere and will leave if things do not change.”

The last few things that this man says are really important:

“I really want to see HMP Berwyn do well and be a good place to work, so I have therefore let it all out and given my honest opinions and hope these will be considered and taken into account. I loved working with many people within HMP Berwyn, and you have some great characters, team players and personalities.”

But those people need support.

I have a few specific asks; some of them relate to HMP Berwyn, but I think they are relevant to other prisons too. Can the Minister confirm whether an unused wing in Berwyn might be put into use as an isolation ward to deal with the covid-19 crisis? If that is the case, it could be of support to other prisons. Also, can he confirm that all necessary personal protective equipment and training for staff is being provided?

In these circumstances, and considering the size of the prison, can the Minister commit to reviewing the merits of phasing out the use of double cells at Berwyn, and making it a single-cell prison, as I understand that is what is happening with the new private prisons that are being developed? There is capacity, with the number of prisoners presently there; it will certainly be a lot easier than when we go to full capacity. If this change on single cells could be made, it would facilitate many aspects of the work for prison officers.

I have a question on covid-19; I do not know if it has been asked yet. We have had a request from the unions and from the teaching staff—staff who are not directly employed staff working in prisons. Can the Minister give an assurance that there will be no penalties by Her Majesty’s Prison and Probation Service for non-delivery of teaching hours during education shutdown?

Finally, may I reiterate the call that the Minister’s Department adopts the “Safe Inside Prisons” charter, in the spirit of tripartite working between employers, unions and the Health and Safety Executive? Diolch yn fawr iawn.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

It is a pleasure to serve under your chairmanship, Mr Robertson.

I thank the hon. Member for East Lothian (Kenny MacAskill) for leading this debate and for starting it in such a helpful and comprehensive way. I also thank the hon. Member for Easington (Grahame Morris), in his absence, for securing it. I entirely agree that he is doing the right thing, as is the Minister for whom I am standing in, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), who is also self-isolating.

The debate has been genuinely excellent. One of the points made early on was this business about “The Shawshank Redemption”—the extent to which in our constituency mailbags the conditions in prisons are not necessarily the No. 1 priority. However, everyone in this House recognises that the state of our prisons is a critically important aspect of a functioning and decent society. I am grateful to all those who have taken the trouble on this most difficult day to make their points as they have.

I will add my own perspective briefly. A meeting with a constituent that I will never forget was with an experienced prison officer from Cheltenham. He had been seriously injured by an inmate at HMP Bristol, and came to speak to me about what had happened. What was so striking was that, despite that ordeal, he remained in post, undaunted, unbowed and utterly committed to his job. He demonstrated the finest values of the Prison Service, to which I pay tribute—not just with the usual platitudes about dedication, but acknowledging the values of courage, compassion, judgment and professionalism. He also demonstrated what everyone in the debate recognises as important: the determination to root out what Winston Churchill referred to many years ago as the

“treasure in the heart of every man”.

As the hon. Member for North Ayrshire and Arran (Patricia Gibson) said, being a prison officer can be a rewarding career for that very reason—being able to turn lives around.

Perhaps the most important point that I have taken away from this debate, made by both Government and Opposition Members, is that we need people like my constituent to stay in the Prison Service, because there can be few jobs in which experience is more important. Those senior officers provide leadership to others and set the culture of a successful prison. Equally, as my hon. Friend the Member for Henley (John Howell) said, those governors who have been in post will make the difference too. That is just one reason why this debate is so timely and important, and I am grateful to the hon. Member for Easington for bringing it before the House.

I will set the context not by way of excuse but as a fact that we have to address. The prison population is more volatile than it was 10 years ago. That is partly down to drugs and partly down to various other social symptoms, I am sure, but that population is more volatile. That is part of the context.

Let me turn, however, to the issue of covid-19, which the Opposition spokesman, the hon. Member for Enfield, Southgate (Bambos Charalambous), rightly raised. Covid-19 is testing, and will test further, every part of our national life. Our prisons will not be immune from that. The most careful thought and planning has gone into preparing our prisons. That work does not emerge from a clear blue sky, but is built on existing and well-developed policies and procedures to manage outbreaks of infectious diseases.

Prevention is of course better than cure, and basic hygiene practice has been rolled out in prisons, as one might expect. For those infected, prisons are well prepared to take action whenever cases or suspected cases are identified. Plans include isolating where necessary. Turning to the point about HMP Berwyn made by the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), the issue of whether specific prison wings can be used is a matter, quite properly, for consultation with the governor. That may be the appropriate thing to do, but it is not a diktat from Whitehall. I am grateful to the right hon. Lady for raising the issue. The governor will need to be looped into any such decision.

[Liz Saville Roberts]

I seek from the Minister a response to the concern locally that Berwyn will continue to fill. Its population is currently about 1,800, so it is slightly under capacity. It has been filled slowly, deliberately. At this time, it is even more important that there is not a rush to fill that prison, because it has the potential to do very good work in other ways.

[Alex Chalk]

I take that point and leave it where it lies. I thank the right hon. Lady for making it.

There is a long-standing national partnership agreement with the Department of Health and Social Care and Public Health England for healthcare services for prisoners. Under that agreement, people in prison custody who become unwell do, as hon. Members know, have the benefit of on-site NHS healthcare services, which provide the first-line assessment and treatment response.

This second point is really important. We recognise the importance of prisoners maintaining contact with their family during this difficult period. Public Health England supports our desire to maintain normal regimes for as long as we can. If those cannot continue, well-worked-up plans are in place to ensure that that continues by other means, to the fullest extent possible.

Keeping people informed is also essential. We are issuing regular communications to staff and all the individuals in our care to explain the steps that we may need to take to protect them from the virus, to minimise anxiety and ensure maximum understanding and co-operation as the situation develops. That means providing regular updates via National Prison Radio, issuing guidance to staff and governors, providing posters and so on.

Let me turn to the staff impact. Staff have been and will be affected by this disease. We are moving swiftly to make additional staff available to establishments so that if current staff are unable to work because of infection, we can continue to run as normal a regime as possible. Some contingency planning may include the need to ask staff to work in a different place and potentially do different tasks; that will be to ensure that we can maintain frontline operational delivery to protect the public and robustly manage risks. In addition, as and when required, operational staff currently working in headquarters will be redeployed to prisons to support the service to maintain minimum staffing levels. May I take this opportunity to thank the unions, which are engaging proactively and co-operatively in this national endeavour? We are hugely grateful for that support.

The point was made about not penalising non-delivery of teaching hours. That seems to me eminently sensible. I hope that the right hon. Member for Dwyfor Meirionnydd understands why I cannot commit to anything, but I take that point in the spirit in which it was intended and I hope that it will be given appropriate consideration.

Let me turn to the fair point that was made that existing safety measures are necessary to tackle a threat that exists, notwithstanding covid-19. There has been significant investment in increasing staff numbers. We recruited more than 4,000 additional full-time equivalent prison officers between October 2016 and December 2019. A fair point was made on pay. In July 2019, the MOJ accepted the Prison Service Pay Review Body’s recommendations in full. The pay award was worth at least 2.2% for all prison staff, and there was a targeted 3% increase for band 3 prison officers on the frontline. It is the second year in a row that we have announced above-inflation pay rises, over 2%.

However, pay is only part of it. I completely recognise that conditions are critically important, too. How do we go about improving conditions so that experience is embedded in the Prison Service and those valuable officers will remain in place, providing the guidance, the culture and the leadership that a successful prison needs?

The first point is about the key worker role. This critically important initiative allows staff dedicated time to provide support to individual prisoners. That will help us to deal with emerging threats and improve safety, and of course it is important for those individuals to feel that they are being listened to and their concerns addressed. That helps them to feel valued, and of course helps the safety and stability of the prison. Key workers have a case load of about six prisoners. They have weekly one-to-one sessions with their prisoners to build constructive relationships and reduce levels of violence. That has started in all 92 prisons in the male closed estate, with 54 now delivering key work as part of their business as usual.

My hon. Friend the Member for Henley made an excellent point about purposeful activity and gave the useful example of what is happening in Germany and, I think, Denmark as well. That is exactly what we need to be getting to, and I commend him for making that powerful point.

The second point is serious offender intervention. We also have a range of capabilities to manage the risk that the most serious offenders pose in prison, including rehabilitative interventions and separation centres. Mental health was rightly raised. There are mental health facilities, but, as per the entirety of British society, mental health is a bigger issue now than it was in 2010. In fact, one of the bright lights, if I can use that expression, in the prison estate is the improving quality of mental health provision. That needs further strengthening, of course.

The third point is about equipping prison officers. We are committed to providing prison officers with the right support, training and tools. One essential matter is that we have started to roll out PAVA synthetic pepper spray for use by prison officers, but we want to ensure that PAVA defuses tensions, not creates them. All roads lead back to having established and experienced staff, because they will need to use their discretion in a sensible way to operate it.

[Liz Saville Roberts]

The association between PAVA and key workers is understandable, but when many staff are away from duty and dependent on bringing staff in on detached duty to another prison, prisons end up, I am told, without that critical number of key workers—there is a vicious circle and PAVA will not be able to be implemented. Will he commit his Department to looking at how PAVA can actually be brought into prisons? The association between key workers and PAVA at present is not working in all prisons.

[Alex Chalk]

I will certainly look at that and escalate it to the right hon. Lady.