Prisons

Debate between Lord Faulks and Lord Ramsbotham

Thursday 26th March 2015 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, a wide range of organisations and individuals independent of the Prison Service, including inspectors, monitoring boards, parliamentarians and researchers, are frequently given access to our prisons. It is right that prisons should face scrutiny and are subject to public debate. Our priority is the welfare of prisoners, their families and those who work in prisons. Inaccurate and irresponsible criticisms undermine their welfare. NOMS has the right to refuse access to those who voice such criticisms.

[Lord Ramsbotham (CB)]

My Lords, I sympathise with the Minister for having to try to defend the indefensible. In the future, the Secretary of State for Justice will be remembered and blamed for the havoc that he has wrought in less than three years on the entire criminal justice system, which will take years to resolve. Only those who fear the truth need to try to suppress it, which the Secretary of State is trying to do as regards a long-established, independent, voluntary organisation whose only crimes have been to oppose him and to expose untruths. Can the Minister please assure the House that this shameful instruction will be instantly withdrawn and never again repeated in a free United Kingdom?

[Lord Faulks]

My Lords, when the noble Lord became the Chief Inspector of Prisons in 1995, I am sure that in the course of inspecting prisons, he was anxious to be fair and objective in his inspections regardless of whether they were private prisons or public prisons. These two prisons are private prisons. Unfortunately, the chief executive of the Howard League for Penal Reform, Frances Crook, disapproves of private prisons and has been quoted as saying that,

“making money out of punishing people is both reprehensible and immoral and it is on these grounds that we have opposed the private management of prisons”.

Just before Christmas, she said on “Newsnight” that for a three-week period over Christmas, young offenders would be locked in their cells while there was a 40% reduction in staff numbers. Both these assertions were completely wrong. She was given an opportunity to retract, but she declined to do so. NOMS has to bear in mind the welfare of prisoners, the families who would be concerned about such misinformation, and the morale of prison officers.

Probation

Debate between Lord Faulks and Lord Ramsbotham

Thursday 12th February 2015 Lords Chamber

[Lord Ramsbotham]

To ask Her Majesty’s Government whether any emerging risks to the programme to transform the delivery of probation services have been reported to Ministers, and what action is being taken to mitigate any such risks.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, on 1 February, new providers began delivering probation services for low and medium-risk offenders, working alongside the National Probation Service. We conducted comprehensive testing at each key stage of the reforms, reporting and managing risks as appropriate and proceeding to the next stage only when we considered it safe. With the new system established, the National Offender Management Service is providing robust oversight and management of providers to ensure that the public are kept safe.

[Lord Ramsbotham (CB)]

My Lords, I thank the Minister for that Answer. When I was Chief Inspector of Prisons, I used to tell Ministers that they could accept either observed facts from me or unobserved fudge from officials, but that improvements could follow only on facts. Since the Secretary of State denied parliamentary approval of the rushed Transforming Rehabilitation timetable, it has slipped. Among many other problems, community rehabilitation companies have been given only a bare five weeks to mobilise when they say that they need six months, and community probation service officers, for example, are having to perform tasks with high-risk offenders for which they are not qualified. Clearly, all is not well. Will the Minister please tell the House when the Government will give the public the facts rather than fudge about the delivery of probation services?

[Lord Faulks]

My Lords, I do not accept the characterisation given by the noble Lord. The suggestion that Parliament has not had the opportunity to consider this is not borne out by the fact that there were 50 hours of debate in Parliament, including debates on the Bill and a Westminster Hall debate. We have given information to Parliament and the public at every stage of the process, placing key documents in the Libraries of both Houses, including draft contracts, the staff transfer scheme and details of successful bidders. The matter has also been considered by the Justice Select Committee and the Public Accounts Committee. I also do not accept the noble Lord’s characterisation that there are problems. The issue has been carefully monitored. Of course, there may be some difficulties, and we are happy to hear any representations from anybody about how we can respond to these.

Criminal Justice and Courts Bill

Debate between Lord Faulks and Lord Ramsbotham

Wednesday 21st January 2015 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, in speaking to this Motion, for the benefit of the House I should say that, with the agreement of Her Majesty’s Opposition, it is proposed that Motions B and C be put together and be debated together.

As to Motion A, we have spent a considerable amount of time debating the Government’s plans for secure colleges and our ambition to improve the education and reoffending outcomes of young people in custody. I am pleased that, since the last time we met to debate these provisions, which deal with who should be accommodated in secure colleges, the House of Commons has accepted a government amendment to the Bill to give Parliament a vote on the matter. I therefore beg to move that this House does not insist on its Amendment 74 and agrees with the Commons in its Amendment 74C, and I hope that noble Lords will welcome the Government’s response.

Before I go into the detail of the amendment, I take this opportunity to thank noble Lords for the quality of their scrutiny during the passage of the Bill. There have been many hours of informed and passionate debate on the important and sensitive issue of how young offenders are detained and the support that they receive to become rehabilitated. As well as those who featured prominently in our debates, there were other noble Lords who brought their expertise to bear on the issues, whether in meetings, of which there were a number, or in correspondence, and I acknowledge their contributions also. The co-operation that we have encountered has led us to find a compromise, which I am hopeful and even—dare I say?—confident will satisfy noble Lords.

As the Secretary of State and my other ministerial colleagues have made clear throughout the passage of the Bill, we do not want to prevent girls and under-15s in future being able to benefit from the pioneering approach and enhanced provision that secure colleges will offer. We recognise that these groups are more vulnerable and require tailored support, but as noble Lords will know, girls and younger boys are already safely accommodated together on the same site as older boys in both secure training centres and secure children’s homes, demonstrating that such an approach can work well. Our plans for the pathfinder secure college to open in 2017 have been carefully developed, in consultation with a number of noble Lords, to provide separate and tailored facilities for younger and more vulnerable children, should they be placed there. Of course, their placement will always be as a result of the intervention of the Youth Justice Board.

We recognise, however, that there remains concern about the accommodation of girls and under-14s in secure colleges. While I am confident that secure colleges will be able to meet the needs of these vulnerable groups and achieve improved outcomes for them, I appreciate that noble Lords are, and were, seeking further safeguards and a clearer role for Parliament. When this House last considered amendments made to the Bill in the other place, I made a commitment that, before girls or under-15s were introduced to the first secure college, the Government would lay a report before Parliament setting out the arrangements for accommodating, safeguarding and rehabilitating these groups. Today, I am able to go further and am seeking to amend the Bill to make the commencement of the power to provide secure colleges for the detention of girls and under-15s subject to a resolution of both Houses of Parliament. This will give Parliament a clear role in approving the use of secure colleges to detain these groups and will enable that decision to be informed by learning on how secure colleges are operating. The Government will, of course, fulfil the earlier commitment that I made to produce a report, and this will be laid before Parliament ahead of the debates on the commencement of the power in order to provide further detail on the plans and to inform the debate in both Houses.

I hope noble Lords will feel that their concerns have been recognised by the Government and that our response goes some way towards allaying those concerns. I believe that the amendment before the House represents a practical and common-sense solution that provides Parliament with the safeguards it is seeking, while ensuring that the opportunity remains for girls and under-15s to benefit in future from the enhanced provision that secure colleges will deliver. I therefore ask the House to accept this amendment in lieu of its previous amendment.

[Lord Ramsbotham (CB)]

My Lords, I am content to agree with Commons Amendment 74C and am most grateful to the Minister not only for the way in which he has presented the Government’s change of heart but for his courtesy in giving me and a number of other noble Lords advance warning, by letter and also in discussion, of what it would contain. I say again how much I, and I am sure many other noble Lords, have appreciated the courtesy and admired the skilled advocacy that he has deployed throughout the passage of this Bill. I do not include the Minister in any criticisms that I make of the secure college proposal, on which he and I may not agree, but which I will continue to oppose as strongly as I am able for as long as it takes. As I have said before, I regard the very idea of building the biggest children’s prison in the western world as a stain on our treasured national reputation for fairness, decency and humanity under the rule of law.

I appreciate that the Minister is under the strict riding instructions from a Lord Chancellor whose jurisprudential credibility has been forensically unpicked by my noble friend Lord Pannick and a Secretary of State for Justice who has wreaked havoc on the ability of the prison and probation services to protect the public. With that track record, noble Lords will appreciate why I pray that that same person never gets his way with his pet plan for the detention of vulnerable and damaged children.

At each stage of the Bill, I have drawn attention to some new development or piece of evidence that adds to the strength of the case against the secure college proposal, and today is no exception. First, last week came the welcome announcement that, thanks mainly to the determined efforts of the Youth Justice Board, there are now fewer than 1,000 children in detention. Does it really make sense to hold one-third of them in one place and plan a repeat with yet more?

Criminal Justice and Courts Bill

Debate between Lord Faulks and Lord Ramsbotham

Tuesday 9th December 2014 Lords Chamber

[Lord Faulks]

I thought that I had made it reasonably clear that there will be the laying of the report. That is the limit to which I committed and I commit to it now. It is beyond what we committed before. It may not be enough for some noble Lords but none the less the report, informed as I have said that it will be, will enable Parliament to consider whether it is appropriate.

[Lord Ramsbotham]

My Lords, I am very grateful to the Minister for his summing up but, as he will no doubt understand, I do not find it convincing at all because he has answered absolutely nothing. We have heard nothing about the details of this college and we have never heard any evidence of why the Government think that it is appropriate. We have heard yet again about education, and about a healthcare centre, but we have not had an acknowledgement of treating all the multiplicity of problems that these children face.

We keep hearing the word “might”, because there is no evidence to show that this approach has worked. In the absence of that, it would be irresponsible of us not to press further. I am extremely grateful to all noble Lords who have taken part in this very stimulating debate. They have shown yet again not only the vast amount of expertise in this House but the degree of compassion felt for the people we are talking about. I was particularly struck by the noble Baroness, Lady Williams, questioning why it was that this Government chose to rule Parliament out of any consultation on these issues. Here again, the offer of a compromise was thrown down and rejected by the Minister. I feel that I have no alternative than to seek to test the opinion of the House.

Prisoners: Work

Debate between Lord Faulks and Lord Ramsbotham

Monday 8th December 2014 Lords Chamber

[Lord Ramsbotham]

To ask Her Majesty’s Government why there has only been a one per cent increase in the number of prisoners in England and Wales at work since 2010.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the number of prisoners working in industrial activity reported by public sector prisons increased from around 8,600 in 2010-11 to around 9,900 in 2013-14, an increase of 15%. Over the same period, the total number of hours worked increased by 33% from 10.6 million to 14.2 million in public sector prisons. That excludes activity such as cooking, serving meals, maintenance and cleaning, and work placements undertaken by offenders on release on temporary licence.

[Lord Ramsbotham (CB)]

My Lords, I thank the Minister for that Answer. The derisory increase to 15% in the numbers working in prisons is matched by a decrease by 2% since 2012 in the numbers of those who get work on leaving prison. Despite all the rhetoric we have had, recently a prison governor was brave enough to tell a court of the effects of the imposed new way of working in prisons, which has resulted in staff cuts and not enough work for prisoners to do. Only last week, G4S told the Justice Select Committee in another place that the ability of governors to govern their prisons was being undermined by government policy. Furthermore, the increase by 69% of the numbers who commit suicide raises the possibility of a charge of corporate manslaughter. Can the Minister please tell the House when Ministers—with the notable exception of Simon Hughes, who has been brave enough to admit that there is a crisis in our prisons—will stop fudging the public about what is happening in our prisons?

[Lord Faulks]

My Lords, I do not accept the noble Lord’s characterisation of what is happening in prisons. We have increased the number of working hours. Our aim is to replicate as far as possible the normal working week in the community, real work experience and the acquisition of skills, which support effective rehabilitation. As to deaths in custody, any death is a tragedy. We have a number of different ways of investigating them. A review chaired by the noble Lord, Lord Harris, is looking into the deaths in custody of 18 to 24 year-olds and we are expecting its report in April next year. We have a number of measures in place to ensure that those unfortunate incidents can be reduced.

Criminal Justice and Courts Bill

Debate between Lord Faulks and Lord Ramsbotham

Monday 10th November 2014 Lords Chamber

[Lord Faulks]

That the Bill do now pass.

[Lord Ramsbotham (CB)]

I apologise to the Minister for not raising the point that I am now going to mention. However, as it is based on a report that was published only last week, I have only very recently become aware of the position that I wish to raise. When I was the newly appointed Chief Inspector of Prisons, I found that the treatment of and conditions for women prisoners in Holloway was a national disgrace. I was frustrated to learn that current practice for handling inspection reports offered no hope of immediate remedial action, so I fell back on army practice and suspended my inspection for six months, during which period I expected defined action to be taken. I feel the same frustration about the proposal for a secure college contained in Part 2 of the Bill, having learnt that the rules of the House do not allow me to bring forward a Third Reading amendment based on a report that was published only last week, which I believe changes the whole nature of the proposal.

Before the Bill leaves the House, therefore, because the treatment of children is a matter of national importance, I feel that I must make one last appeal to the Government. Before doing so I assure the Minister that nothing I am going to say reflects on the way that he has taken the Bill through the House—during which, all noble Lords, while not necessarily agreeing with him, have admired the skill with which he, as a renowned advocate, has defended his brief, and been assiduous in briefing us, both verbally and in writing, on that brief. However, unlike the noble Lord, Lord Nash, during the passage of the recent education Bill, who was able to accept the case for inclusion of young offenders with special educational needs among those for whom education, health and care delivery must be provided, the noble Lord’s position in regard to any reasoned suggestion of change to the Secretary of State’s pet plan, appears akin to that of the tank commander with whom the Chinese student tried to reason in Tiananmen Square.

Last Tuesday, I took part in the launch of a British Medical Association report, entitled Young Lives Behind Bars: the Health and Human Rights of Children and Young People Detained in the Criminal Justice System. Welcoming it, Norman Lamb MP, Minister of State for Care and Support, wrote:

“The newly established Children and Young People’s Mental Health and Well-Being Taskforce, includes a specific working group on vulnerable children and young people, including young people in contact with the Youth Justice system and will focus on how services can best meet their needs”.

In her foreword, Juliet Lyon, director of the Prison Reform Trust, who has considerable experience of working with young offenders, wrote:

“This timely, authoritative report presents an overview of the complex reasons why children and young people offend, their multiple needs and the challenges they present. It enables practitioners and policy makers to reflect on their work with young people in trouble”.

She went on to say:

“An almost 60 percent reduction in child imprisonment over the last seven years … offers a tremendous opportunity for health and justice professionals to focus on the most vulnerable children and help them to get out of trouble”.

I quote two of the report’s recommendations:

“Practitioners should consider how best to encourage involvement and interaction with healthcare services, in a manner that is appropriate to the needs and concerns of children and young people in custody”,

and:

“Health and wellbeing of children and young people should be seen as concerns for all those working in the secure estate, not just healthcare professionals. To this end, all staff working in the secure estate must be adequately trained and supported in identifying and reporting health concerns”.

I said on Report that the House is being asked to rubberstamp a pet project of the Secretary of State for Justice, without the known agreement of the Cabinet committee appointed to ensure that all departments drive forward the aims of the government’s social justice strategy, key indicator number 3 of which is a reduction in the number of young offenders who go on to reoffend. In addition to ignoring proven national and international good practice, as well as the advice and pleas of countless people with experience of working with young offenders, I now understand that the Secretary of State has ignored the advice of paid consultants such as Deloitte, which recommended smaller establishments on the lines of Diagrama in Spain—the subject of a fascinating article in the Guardian on Saturday entitled “Tough Love”—and current practice in America.

I admit that this is the first I have heard of the children and young people’s mental health and well-being taskforce working group, charged with focusing on the needs of the very children whom the Secretary of State is proposing to detain in his secure college. Far from being children for whom normal education and security provision might be appropriate, these have a multiplicity of mental health and behavioural needs, and their reaction to any regime, let alone one based on the education that almost all have rejected or from which they have been excluded, will be conditioned by the complexity of their problems. Furthermore, the majority are to be uprooted from their family and local social or healthcare workers, whose involvement in their post-release rehabilitation is crucial. A recent conversation with NHS England has caused me to look again at two remarks made about healthcare by the Minister on Report:

“We also have been working closely with NHS England… to test our designs for the secure college pathfinder”,—[Official Report, 22/10/14; col. 660.]

and,

“a … health unit placed strategically in the middle of the design … will be the best way of delivering healthcare uniquely tailored to those individuals”.—[Official Report, 22/10/14; col. 663.]

True, a health unit is now placed strategically in the middle of the design, but it was not there when the Minister briefed us in July, suggesting that working closely with NHS England is a comparatively recent occurrence. What is more, as I am sure he realises, adequate tailoring of the delivery of healthcare appropriate to meet the multiple and complex needs of 320 damaged and vulnerable children requires more than just a strategically placed health unit. NHS England tell me that it is pressing for healthcare, particularly mental health care, to be embedded in the culture of the proposal, requiring confirmed resources, particularly of appropriately trained staff, without whom healthcare, adequately tailored or otherwise, cannot be delivered. But, as the Minister knows, there is an acute shortage of appropriately trained staff in the country, let alone in the middle of Leicestershire.

So the situation appears to be this. On the one hand, we have the Secretary of State for Justice who, without any evidence and in apparent defiance of government strategy as well as vast amounts of expert advice, insists on pressing ahead with his claim that his,

“new form of youth detention accommodation with”,

as yet unspecified,

“innovative education provision at its core … will equip young offenders with the skills, qualifications and self-discipline they need to turn away from crime”,

and believes that,

“it is right to focus on the educational outcomes that the establishment achieves rather than the staff it employs”.

On the other hand, we have the cross-government social justice strategy, a specific working party of the NHS children and young people’s mental health and well-being task force, and the declared opposition of countless experts who know from practical experience how essential trained professional staff are to the development and future well-being of this damaged and vulnerable cohort of children.

I said in Committee that the changed nature of the detained children population, resulting from the Youth Justice Board’s success, gave the Secretary of State ample justification for rethinking this proposal. I fully accept that I failed to persuade the House to vote that he should be required to obtain the approval of both Houses before proceeding with his proposal or to test the opinion of the House on a rethinking amendment. However, I submit that the evidence now available, thanks to the BMA report and the recent involvement of NHS England and the mental health and well-being task force, exposes serious flaws in the well intentioned, education-based secure college proposal, which clearly is not tailored to the characteristics, capabilities and needs of its suggested population.

I realise that that is not something that either the Minister or the Secretary of State can resolve, because of the involvement of the NHS and a Cabinet committee. I therefore ask the Minister that it be referred to the Prime Minister himself, who, I hope, will make a statement in the other place on whether, having examined all the available evidence, he authorises that the proposal should go ahead or that it should be put on hold until it has been rethought.

Criminal Justice and Courts Bill

Debate between Lord Faulks and Lord Ramsbotham

Wednesday 22nd October 2014 Lords Chamber

[Lord Ramsbotham]

My Lords, I am grateful to the Minister for his careful, thoughtful and wide-ranging response. I know that I speak for everyone in the House in saying that we agree with him both that we need to reduce the dreadful record of reoffending in our young offender establishments and that what is presently provided is not satisfactory and has not been for a long time.

I am very glad that the noble Lord, Lord McNally, is in his place; I would have expected the Minister to have paid tribute to the Youth Justice Board, which has been principally responsible for the reduction of the numbers, and in fact has been a remarkable example of good leadership and carefully researched innovation ever since it was formed.

[Lord Faulks]

I am very grateful to the noble Lord; he is quite right to reproach me for not giving credit to my noble friend Lord McNally, and I am very happy to do so.

[Lord Ramsbotham]

Having said that and witnessed the Minister’s customary graciousness, I agree with him that there has been an enormous amount of engagement and effort by officials and others to engage with people, but that engagement has been not about if the secure college will be established but when. We therefore still know nothing about what is to be done, who is to do it and how much it is to cost. I have quoted a number of times in this House the two definitions of the word “affordability”: first, can you afford it, and, secondly, can you afford to give up what you have to give up in order to afford it? Bearing in mind the current situation, financial and otherwise, I wonder whether it is worth spending the amount of money on this unproven and uncosted pilot when it could be diverted now to doing better by all the young people about whom we have been talking.

I accept that we are talking about a pathfinder and that the affirmative procedure for the rules is being proposed. However, the affirmative procedure will come only after the Bill has become law. Everyone knows that an affirmative procedure that comes after that has no clout anywhere—and certainly not with this.

I thank all noble Lords who have contributed to this debate for the wide and thoughtful contributions that they made. The one that perhaps struck me most was from the noble Lord, Lord Deben, who reflected on the fact that we all know and love people of the same age group as those whom we are talking about, whose interests are currently not well served by the country. Therefore, the country must have a very clear say in what happens to them.

I understand that the secure college pilot is to be rigorously evaluated and will open in 2017. I will return to NHS England and healthcare provision in the next group because I do not think we have had full coverage of it. My feeling is that the Government appear hell-bent on pushing this through, but I do not think that it is the right approach. I am not proposing to divide the House on this amendment, but I give notice that I will do so on Amendment 111, which specifically mentions the approval by Parliament of the rules before they are adopted. I beg leave to withdraw this amendment.

--- Later in debate ---

[Lord Ramsbotham]

Will the noble Lord exclude Clayfields from that, where the reconviction rate is 18% and costs are £185,000 a year?

[Lord Faulks]

I am perfectly happy to accept the costs from the noble Lord. As regards the offending rate, one needs to look over a long period. He tells me those rates but I have not had a chance to see those specific rates or for how long a period. However, I am sure that there are variations within the secure college estate. It would cost around £100 million each year to do what seems to be suggested, which is not a viable solution. It is, as we know, easy to forget the deficit, but this Government do not do so.

Although the secure college pathfinder will have a capacity of 320, the site is composed of seven distinct accommodation buildings, with some broken down into smaller living units. Young people can be accommodated in distinct groups, a sense of community can be fostered in each, and the younger and more vulnerable groups can be kept separately if that is considered appropriate. Our plans demonstrate that big does not mean imposing and impersonal. The size will enable a breadth of services and opportunities to be offered.

It is a consequence of the welcome and significant reduction in the number of young people in custody that there are fewer custodial establishments and that some young people inevitably will be detained further from home. This is not a new problem and, for the reasons I have outlined, a network of small, local facilities is not, sadly, a viable alternative. However, distance from home remains one of the factors taken into account by the Youth Justice Board when placing young people in custody. I am sure that that will be very much a factor. Furthermore, there will be visits as well as technology.

I recognise what lies behind these amendments. I acknowledge the very real concern of noble Lords about young people, whether they are under-15s, girls or more widely, but we genuinely believe that we have sufficient flexibility in the system. We do not think that these requirements should find themselves into law. I ask the noble Lord to withdraw his amendment.

Criminal Justice and Courts Bill

Debate between Lord Faulks and Lord Ramsbotham

Wednesday 23rd July 2014 Lords Chamber

[Lord Faulks]

I dealt with these points on Monday. We are proposing to keep these secure children’s homes open for the appropriate offender. The involvement of the Youth Justice Board will, we suggest, ensure that the right offenders find their way into secure colleges.

[Lord Ramsbotham]

My Lords, I must admit that I am disappointed by the line that the Minister has taken, particularly in view of the very helpful contributions made by the noble Lords, Lord Cormack and Lord Marks, and the right reverend Prelate. I had hoped that, by outlining all these suggestions, we would not have merely one solution put forward to us—pathfinder or not, staged or not—but there appears to be no give on the general intent. Yes, the Youth Justice Board is responsible for commissioning, but what the Youth Justice Board has always been responsible for commissioning is a situation that it inherited. So far, I am not aware that there has been any attempt to look right across the whole system and perhaps design something using the existing situation to make better use of it to provide the aims that we all want. The Government have come up with the solution of the secure training centre, which has attracted opposition from all those who have had anything to do with young offenders. I hope they will be given more attention.

I am grateful for the contributions that have been made across the Committee. As I said at the start, I do not intend to seek the opinion of the Committee with a vote at this stage, because we all have to go away and read not only what happened on Monday, to which the Minister referred—indeed, some of it has come up again—but what has been raised here. I hope that the Government will have considered this, on calm reflection, when we come back to it on Report. The Government will know that many people long to take part in the deliberations and contribute what they have because they feel excluded from this. They feel that this is a solution that has been put to them without any explanation. Yes, there have been meetings and they have had the site explained, but we have not had all the details of the regime and answers to all the other questions that have come up, because the Government have admitted that they simply will not know the answers to those until they have opened the envelopes from the competitive bidders.

Personally, I would have been much happier if any development of a site by a contractor was in conjunction with the provider of the education to make certain the contractor is doing what the education provider needs. However, as we do not know who the education person is, what is the point of a designer going ahead with something that the person who is going to use it has not had any say in?

I very much hope there will be a great deal of consideration. As I say, I hope the Government will engage those who want to get involved to make sure the solution for our young children is the best possible, based on all the experience there is and all the good practice that is known.

Criminal Justice and Courts Bill

Debate between Lord Faulks and Lord Ramsbotham

Monday 21st July 2014 Lords Chamber

[Lord Faulks]

My Lords, I am grateful for the opportunity to debate these amendments from various noble Lords. I recognise that the use of force in relation to young people in custody is a sensitive and important issue. I will explain the effect of these amendments, and also our intentions in respect of the use of force.

The effect of the amendment proposed by the noble Lord, Lord Ramsbotham, would be to remove the power of custody officers in secure colleges to use, if authorised to do so by the rules, reasonable force where necessary in carrying out their functions. I am sure that noble Lords would agree with me that there are some circumstances, such as to prevent an escape from custody or to prevent harm to themselves, another young person or staff member, in which the use of force could be necessary and where it is desirable to have rules setting out when, how and what force a custody officer is authorised to use. The effect of this amendment would be to prevent that, and we believe that that is too limiting.

Another amendment differs in that it sets out a series of circumstances in which rules may authorise the use of force. The effect of this amendment would be to restrict the circumstances in which custody officers can use force, if authorised by rules to do so, to the prevention of harm to the child or others.

Amendments 42N, 46B and 46C, tabled by the noble Lords, Lord Marks, Lord Carlile and Lord Dholakia, and the noble Baroness, Lady Linklater, would prevent the use of force to ensure good order and discipline and have the effect of setting out in detail the conditions which must be satisfied in relation to any use of force by secure college custody officers.

In relation to use of force more widely, I should like to make clear, and I can reassure your Lordships, that we agree with the conditions set out in these amendments that in all cases force should be used only as a last resort; that the minimum amount of force should be used for the minimum time possible; that only approved restraint techniques may be used; and that they should be used only by officers who have received training in those techniques.

Considerable improvements have been made to restraint practice in recent years, including the introduction of a new system of restraint known as MMPR. It has been independently assessed by a panel of medical and child welfare experts. The Independent Restraint Advisory Panel was formed specifically to monitor the implementation of MMPR. It is currently being rolled out to under-18 young offender institutions and secure training centres. It is our intention that this system of restraint would also be used in secure colleges.

The fundamental principle of MMPR is to minimise and, wherever possible, avoid the use of physical restraint. Staff working with young people in STCs and under-18 YOIs receive a comprehensive programme of training that puts considerable emphasis on using appropriate de-escalation and deceleration techniques—non-physical interventions—to ensure that restraint is only ever used as a last resort, when no other intervention is possible or appropriate, and that if use of force is required it is the minimum possible for the minimum amount of time.

I recognise that the issue of use of force to ensure good order and discipline is one of the primary concerns behind these amendments. A custody officer’s duties include ensuring good order and discipline, and the Bill provides that reasonable force may be used for this purpose, but only if specific provision is made in secure college rules. Rules are the correct place to be setting out the boundaries on use of force. The drafting in the Bill ensures absolute clarity on this point; a custody officer must be authorised by the rules to use force. I recognise that the term “good order and discipline” could be seen to be too broad in this context, and perhaps the term “discipline” is not helpful, as it could imply some element of punishment. We are clear that any use of force for the purposes of disciplining and punishing is prohibited. However, it is worth noting that use of reasonable force to ensure good order and discipline is provided for elsewhere in legislation. For example, although a different setting to custody and covered by specific guidance, use of reasonable force for maintaining good order and discipline is permitted in schools.

As I set out in the document that I sent to all Peers before Second Reading, the Government’s position is that force may be used only to ensure good order and discipline where there are clear risks to maintaining a safe and stable environment for young people, and that the use of force is a necessary and proportionate response in order to protect the safety and welfare of the individual or of others.

We consider that there may be limited situations in which all attempts at resolving and de-escalating an incident have failed, and where a young person’s behaviour is such that it is impacting on their own safety and welfare or that of others. In those limited situations, and then only as a last resort, we believe that some force—the minimum necessary, for the shortest time possible and subject to strict conditions and safeguards designed to ensure respect for the young person’s dignity and physical integrity—may be necessary.

Furthermore, force for reasons of punishment would not be permitted, and use of restraint techniques intended to cause pain would not be permitted. Use of force would be permitted only when staff are satisfied that they have assembled the resources to ensure the safest use of force and a full risk assessment has been conducted. This includes the attendance of healthcare staff.

As I explained to the House at Second Reading, ahead of Report we will launch a public consultation on our approach to secure college rules. This consultation will include our proposals relating to the use of force to ensure good order and discipline, as well as the use of force more widely. I will welcome responses from noble Lords and others on this important issue.

Regarding the noble Lord’s Amendment 42M, as a matter of principle I do not think it is necessary to specify in the Bill who the Secretary of State has to consult with. We will of course work closely with the Youth Justice Board as we plan for the introduction of the pathfinder secure college. At the end of April 2014, following the conclusion of its work, the Independent Restraint Advisory Panel was dissolved.

I recognise that the use of force in youth custody is a very sensitive issue. We are conscious of our international obligations and of the implications of the Court of Appeal’s decision in C. I hope in this reply I have been able to provide some assurance of the Government’s intentions regarding the use of force in secure colleges. I should also add that we are conscious of the Delegated Powers Committee’s recommendation, which we will consider, and I look forward to continuing this discussion through our public consultation. In the light of that reassurance I hope the noble Lord will withdraw the amendment.

[Lord Ramsbotham]

My Lords, I was responsible for conducting an inquiry into the death of an Angolan called Jimmy Mubenga in an aircraft on the way back from Heathrow. He was under the escort of G4S guards, who have subsequently been charged with his murder. One of the problems that has come up with the Home Office is that nobody is responsible for the oversight of the training and assessment of the security company guards who are meant to escort people who are being deported from this country.

The problem is that the secure college staff will also be from the private sector. The Home Office is currently working out a code of practice that includes the involvement of the Security Industry Authority, which has responsibility for the supervision of people working in the criminal justice system. I very much hope this will be included in the work. It is all very well saying that staff will be trained, but who is responsible for both supervising the training and making certain that people’s training is up to date? That has been one of the problems with the escorts of people who are deported.

[Lord Faulks]

I am grateful for that contribution. I do not propose to give a detailed response now, but it is something that we will factor in.

Transforming Rehabilitation: Mental Health

Debate between Lord Faulks and Lord Ramsbotham

Tuesday 6th May 2014 Lords Chamber

[Lord Faulks]

I cannot comment on the details of the noble Lord’s question, but I assure him that neither of those two organisations are part of the CRC delivery, as he may well be aware. The CRC contracts are being drawn up and will be in operation by 2015. This matter was fully debated before both Houses of Parliament and we believe that any difficulties should be capable of being found in the stress-testing that is currently being undergone.

[Lord Ramsbotham (CB)]

My Lords, to follow on from my noble friend’s question about NHS England, can the Minister comment on a recent freedom of information question and answer that showed that only 5% of clinical commissioning groups were actually funding specific healthcare for probation and that 25% of the CCGs questioned did not even realise that it was their responsibility to fund medical health provision in probation?

[Lord Faulks]

I cannot comment on the specific freedom of information request to which the noble Lord refers but I can perhaps reassure him that the Government are particularly aware of the danger of individuals escaping the net who are suffering from mental illness—offenders who come to the attention of courts and police services. Much work is done by the liaison and diversion services, which have invested a considerable sum of money to make sure that those who are often reluctant to acknowledge that they have mental illness, when they come into contact with a court or police station, are identified by appropriate health professionals. The information about them is then passed on to the appropriate figure so that, when they go to prison or are in the hands of a CRC, that information is available. A considerable investment has been made and for altogether 22% of the population it is hoped to roll out the arrangement throughout the country so that there is much better liaison in future.

Prisons: Education and Training

Debate between Lord Faulks and Lord Ramsbotham

Thursday 3rd April 2014 Lords Chamber

[Lord Ramsbotham]

To ask Her Majesty’s Government what impact prison staff cuts have had on the provision of education, job training and substance abuse programmes in Her Majesty’s prisons.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, staff reductions have been made as part of the benchmarking reforms of public sector prisons. Benchmarking is the best means of delivering value for money for the public purse. It either increases purposeful activity or sustains current levels, and refocuses work and job training to enhance prisoners’ employment prospects on release. The Prison Service works closely with commissioners of substance misuse services and education to optimise the provision of these services to meet prisoners’ needs.

[Lord Ramsbotham (CB)]

I thank the noble Lord for that rather disappointing reply. Provision of and access to education and training are two key factors in any meaningful attempt to prevent reoffending. I cannot imagine that anyone responsible for the conduct of imprisonment could be happy about an Ofsted report which finds that, despite some prisons having state-of-the-art facilities:

“Training and education in prisons are very poor and are failing to support offenders into employment… In many prisons, training and education comes too far down the list of priorities for prison governors and other senior staff.”

Nor could anyone be happy about a London University Institute of Education survey which found that 62% of prison educators criticised the negative effect of payment by results on prisoners as learners, and on the overall quality of education. When prison educators are complaining and prison staff are speaking openly about the difficulties of getting prisoners to education due to cuts in staffing, I hope that Ministers are suitably concerned. Will the Minister please tell the House what steps are being taken to rectify the situation?

[Lord Faulks]

Many steps are being taken. Work is progressing on introducing a new mandatory assessment for all newly received prisoners by OLASS, the Offender Learning and Skills Service providers. This will ensure that all offenders receive a learning assessment focused on English and maths, rather than those who simply go on to learning. NOMS and its partners are working towards implementing better data about sharing arrangements. I should say that intensive maths and English courses are being piloted in prisons, based on a model adopted in the Army, particularly to address prisoners serving short sentences.

Prisons: Deaths of Young People

Debate between Lord Faulks and Lord Ramsbotham

Thursday 6th February 2014 Lords Chamber

[Lord Ramsbotham]

To ask Her Majesty’s Government whether they intend to hold an independent review into deaths of young people in custody as recommended in the report by Inquest and the Prison Reform Trust Fatally Flawed; and, if so, when.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, we have decided to hold an independent review to learn lessons from self-inflicted deaths of young adults in custody aged between 18 and 24 and to identify actions to prevent further deaths. The review will be led by the noble Lord, Lord Harris of Haringey, who I see is in his place. He is the chair of the Independent Advisory Panel of the Ministerial Council on Deaths in Custody. The review will report by spring 2015.

[Lord Ramsbotham (CB)]

My Lords, I am grateful to the Minister for that positive response, but I am sorry that the review’s remit does not include children aged under 18. Since January 2011, 16 young adults aged between 18 and 21 have taken their own lives in custody and, worryingly, eight of those deaths have occurred in the last four months. All of them took place in adult prisons, to which it is currently the policy to send young adults rather than to young offender institutions.

In a thematic review, Suicide is Everyone’s Concern, in 1999, I made specific recommendations regarding the safety of young people, yet year after year the same old failings following young suicides are recorded in inspection and inquest reports, such as the lack of institutional understanding of, or attention paid to, the particular needs of that vulnerable age group. Now the Ministry of Justice plans to create secure colleges—fortified schools—for under-18s and, as I have mentioned already, to put all those aged over 18 into adult prisons, both of which could exacerbate existing flaws and create significant risk to young lives. Does the Minister accept that a degree of urgency exists and will he consider advancing the time by which the noble Lord, Lord Harris, is required to complete his review so that necessary improvements to current practice, based on the mass of existing evidence, can be considered in time to be built into the new proposals?

[Lord Faulks]

My Lords, the review will start as soon as resources are in place, and we are anxious that it should report back by the spring of 2015. That does not mean that lessons are not continuously learnt from all the other sources that provide information. The review will focus on key themes, including vulnerability information sharing and the safety of young people.

The noble Lord referred to the secure colleges which are shortly to be established, the announcement of which is contained in the Criminal Justice and Courts Bill. The secure colleges will put education at the heart of youth custody and are intended to provide an innovative and holistic approach to the education and rehabilitation of young offenders so that fewer go on to reoffend.

Those aged under 18 are currently held in secure children’s homes, secure training centres and young offender institutions. No under-18s are mixed with over-18s. As to 18 to 20 year-olds, they are currently in young offender institutions, and the Government consultation on whether this age group should be in prisons with older adults closed in December. We are putting on hold the Government response to the consultation pending the result of this particular review.

Justice: Non-custodial Sentences

Debate between Lord Faulks and Lord Ramsbotham

Thursday 23rd January 2014 Lords Chamber

[Lord Faulks]

The Government consider it to be valuable, and it is our intention that a range of different requirements will be placed on those who are subject to supervision in the community. It is hoped that a number of suggestions, from both public and private providers, will assist in the rehabilitation revolution.

[Lord Ramsbotham (CB)]

My Lords, rehabilitation in the community depends on well trained probation officers. Will the Minister tell the House whether there are any plans to insist on compulsory training of members of the private sector community rehabilitation companies that will be responsible for the supervision of medium and low-risk offenders in the community in future?

[Lord Faulks]

I know that the noble Lord takes a great interest, and has great expertise, in this subject, and I can assure him that that is very much the intention. It is intended to set up a form of probation college that will maintain standards and ensure that all those involved in the project have suitable experience.