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Written Question
Administration of Justice
Thursday 9th July 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to the answer by Lord Keen of Elie on 29 June (HL Deb, col 464), when they expect to publish their White Paper on community justice and sentencing.

Answered by Lord Keen of Elie

We intend to publish a Sentencing White Paper this year ahead of legislating next year.


Written Question
Prisons: Restraint Techniques
Monday 29th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many ‘use of force incidents’ have occurred on the prison estate in each month of the last 12-month period for which data are available.

Answered by Lord Keen of Elie

The below table is the total number of use of force incidents from April 2019 to March 2020. This data is collated from management information and due to how the data is validated it may not tally with official statistics.

Period

Total

Apr 2019

5415

May 2019

5746

Jun 2019

5489

Jul 2019

5422

Aug 2019

5264

Sep 2019

5172

Oct 2019

5888

Nov 2019

5202

Dec 2019

4858

Jan 2020

5591

Feb 2020

5487

Mar 2020

5577

We have been introducing PAVA to the adult male estate to help protect staff and prisoners from incidents where there is serious violence, or an imminent or perceived risk of serious violence.

Since the roll out of PAVA began in April 2019, it has been used on 81 prisoners. It has been drawn (but not used) on 36 individuals, totalling 117 prisoners.

The table below shows the number of times PAVA has been drawn or used, broken down by ethnicity. Revised guidance on PAVA guidance was issued in April and the first prison outside the pilot began using PAVA in August. Therefore, data between April and July will only reflect usage at the pilot sites (HMPs Risley, Hull, Preston and Wealstun)

Ethnicity

Deployed

Drawn

Total

Asian/Asian British

5

~

~

Black/Black British

10

7

17

Mixed

3

3

6

White

52

24

76

Not recorded

11

~

~

Total

81

36

117

The ‘not recorded’ category includes those prisoners who do not disclose their ethnicity on reception into custody.

Prisoners from BAME backgrounds made up 27% of all prisoners. In March 2019, prisoners who declared themselves in the White ethnic group made up almost three quarters (59,911 or 73%) of the prison population in England and Wales. Prisoners who declared their ethnicity as Black, Asian or Minority Ethnic (BAME) represented 22,227 (or 27%) of all prisoners.

PAVA is just one of many tools we give to prison officers to help them do their job more safely, alongside body worn video cameras training, and rigid bar handcuffs. Above all, we know that one of the most effective tools in managing people safely is the interpersonal skills of our staff.

HMPPS is committed and duty bound to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between people who share a protected characteristic and those who do not and to foster good relations between people who share a protected characteristic and those who do not.

In response to the Lammy Review, we are updating the training we give to officers to raise awareness among all staff of how biases can affect decision making, and strategies to combat these.

PAVA, as with any use of force, must always only be used if necessary and proportionate to the seriousness of the circumstances. The application of physical techniques, or the use of PAVA, is to be used only when other methods not involving force have been repeatedly tried and failed, or are judged unlikely to succeed, and action needs to be taken to prevent serious injury or harm to prisoners or staff.

Quality assurance and scrutiny of incidents is vital to ensuring that force is used legally and appropriately. Governors will be expected to ensure that scrutiny takes place after any drawing and/or use of PAVA. We have developed a toolkit of resources to assist prisons in maintaining effective scrutiny.


Written Question
Prisoners: Ethnic groups
Monday 29th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many times PAVA spray has been used (1) in total, and (2) against BAME prisoners, on the prison estate since it’s rollout; what proportion of the total prison population are BAME; and what analysis they have undertaken to ensure proportionate use of that spray.

Answered by Lord Keen of Elie

The below table is the total number of use of force incidents from April 2019 to March 2020. This data is collated from management information and due to how the data is validated it may not tally with official statistics.

Period

Total

Apr 2019

5415

May 2019

5746

Jun 2019

5489

Jul 2019

5422

Aug 2019

5264

Sep 2019

5172

Oct 2019

5888

Nov 2019

5202

Dec 2019

4858

Jan 2020

5591

Feb 2020

5487

Mar 2020

5577

We have been introducing PAVA to the adult male estate to help protect staff and prisoners from incidents where there is serious violence, or an imminent or perceived risk of serious violence.

Since the roll out of PAVA began in April 2019, it has been used on 81 prisoners. It has been drawn (but not used) on 36 individuals, totalling 117 prisoners.

The table below shows the number of times PAVA has been drawn or used, broken down by ethnicity. Revised guidance on PAVA guidance was issued in April and the first prison outside the pilot began using PAVA in August. Therefore, data between April and July will only reflect usage at the pilot sites (HMPs Risley, Hull, Preston and Wealstun)

Ethnicity

Deployed

Drawn

Total

Asian/Asian British

5

~

~

Black/Black British

10

7

17

Mixed

3

3

6

White

52

24

76

Not recorded

11

~

~

Total

81

36

117

The ‘not recorded’ category includes those prisoners who do not disclose their ethnicity on reception into custody.

Prisoners from BAME backgrounds made up 27% of all prisoners. In March 2019, prisoners who declared themselves in the White ethnic group made up almost three quarters (59,911 or 73%) of the prison population in England and Wales. Prisoners who declared their ethnicity as Black, Asian or Minority Ethnic (BAME) represented 22,227 (or 27%) of all prisoners.

PAVA is just one of many tools we give to prison officers to help them do their job more safely, alongside body worn video cameras training, and rigid bar handcuffs. Above all, we know that one of the most effective tools in managing people safely is the interpersonal skills of our staff.

HMPPS is committed and duty bound to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between people who share a protected characteristic and those who do not and to foster good relations between people who share a protected characteristic and those who do not.

In response to the Lammy Review, we are updating the training we give to officers to raise awareness among all staff of how biases can affect decision making, and strategies to combat these.

PAVA, as with any use of force, must always only be used if necessary and proportionate to the seriousness of the circumstances. The application of physical techniques, or the use of PAVA, is to be used only when other methods not involving force have been repeatedly tried and failed, or are judged unlikely to succeed, and action needs to be taken to prevent serious injury or harm to prisoners or staff.

Quality assurance and scrutiny of incidents is vital to ensuring that force is used legally and appropriately. Governors will be expected to ensure that scrutiny takes place after any drawing and/or use of PAVA. We have developed a toolkit of resources to assist prisons in maintaining effective scrutiny.


Written Question
Pepper Spray: Safety
Monday 29th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what safeguards are in place to ensure against the inappropriate use of PAVA spray.

Answered by Lord Keen of Elie

The below table is the total number of use of force incidents from April 2019 to March 2020. This data is collated from management information and due to how the data is validated it may not tally with official statistics.

Period

Total

Apr 2019

5415

May 2019

5746

Jun 2019

5489

Jul 2019

5422

Aug 2019

5264

Sep 2019

5172

Oct 2019

5888

Nov 2019

5202

Dec 2019

4858

Jan 2020

5591

Feb 2020

5487

Mar 2020

5577

We have been introducing PAVA to the adult male estate to help protect staff and prisoners from incidents where there is serious violence, or an imminent or perceived risk of serious violence.

Since the roll out of PAVA began in April 2019, it has been used on 81 prisoners. It has been drawn (but not used) on 36 individuals, totalling 117 prisoners.

The table below shows the number of times PAVA has been drawn or used, broken down by ethnicity. Revised guidance on PAVA guidance was issued in April and the first prison outside the pilot began using PAVA in August. Therefore, data between April and July will only reflect usage at the pilot sites (HMPs Risley, Hull, Preston and Wealstun)

Ethnicity

Deployed

Drawn

Total

Asian/Asian British

5

~

~

Black/Black British

10

7

17

Mixed

3

3

6

White

52

24

76

Not recorded

11

~

~

Total

81

36

117

The ‘not recorded’ category includes those prisoners who do not disclose their ethnicity on reception into custody.

Prisoners from BAME backgrounds made up 27% of all prisoners. In March 2019, prisoners who declared themselves in the White ethnic group made up almost three quarters (59,911 or 73%) of the prison population in England and Wales. Prisoners who declared their ethnicity as Black, Asian or Minority Ethnic (BAME) represented 22,227 (or 27%) of all prisoners.

PAVA is just one of many tools we give to prison officers to help them do their job more safely, alongside body worn video cameras training, and rigid bar handcuffs. Above all, we know that one of the most effective tools in managing people safely is the interpersonal skills of our staff.

HMPPS is committed and duty bound to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between people who share a protected characteristic and those who do not and to foster good relations between people who share a protected characteristic and those who do not.

In response to the Lammy Review, we are updating the training we give to officers to raise awareness among all staff of how biases can affect decision making, and strategies to combat these.

PAVA, as with any use of force, must always only be used if necessary and proportionate to the seriousness of the circumstances. The application of physical techniques, or the use of PAVA, is to be used only when other methods not involving force have been repeatedly tried and failed, or are judged unlikely to succeed, and action needs to be taken to prevent serious injury or harm to prisoners or staff.

Quality assurance and scrutiny of incidents is vital to ensuring that force is used legally and appropriately. Governors will be expected to ensure that scrutiny takes place after any drawing and/or use of PAVA. We have developed a toolkit of resources to assist prisons in maintaining effective scrutiny.


Written Question
Probation: Third Sector
Monday 29th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government whether the bidding process for third sector bodies to provide probation services will be conducted on a national or a regional basis.

Answered by Lord Keen of Elie

In his statement to the House of Commons on 11th June 2020, the Lord Chancellor confirmed plans for a Probation Services Dynamic Framework through which the National Probation Service and other public bodies can commission rehabilitative and resettlement services. It opened on 11th June for registration by prospective suppliers with an interest in provision of one or more of 14 service categories.

Our plans for the first set of contracts to be commissioned through the Framework reflect our assessment of the relative distribution of offender needs, the availability of existing local provision, and the capacity of both the third sector and HMPPS (in light of the impact of COVID-19) to complete call-off competitions and mobilise services in time for the start of future arrangements in June 2021. These contracts will be commissioned for delivery at police force or probation region level. We initially intend to run competitions for lots which cover the following Probation Services Dynamic Framework service categories:

• Accommodation

• Employment, training, and education

• Family and significant others

• Lifestyle and associates

• Emotional wellbeing

• Social inclusion

• Women

• Young adults (in Wales only)

Of these, accommodation and employment, training and education services will be commissioned at NPS regional level. All others will be commissioned at Police Force Area level.

As we finalise the detail of these plans, Ministers and members of the Probation Reform Programme team will continue to meet regularly with voluntary sector organisations to seek their feedback on our plans. Officials are supporting workshops which will be run by Clinks and which will cover a range of topics linked to participation in the Probation Services Dynamic Framework, including consortia building, to aid voluntary sector organisations in their bids for contracts.

I will place a copy of the Framework in the library of the House.


Written Question
Clinks: Probation
Monday 29th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what role Clinks will play in the Dynamic Framework for the provision of probation services.

Answered by Lord Keen of Elie

In his statement to the House of Commons on 11th June 2020, the Lord Chancellor confirmed plans for a Probation Services Dynamic Framework through which the National Probation Service and other public bodies can commission rehabilitative and resettlement services. It opened on 11th June for registration by prospective suppliers with an interest in provision of one or more of 14 service categories.

Our plans for the first set of contracts to be commissioned through the Framework reflect our assessment of the relative distribution of offender needs, the availability of existing local provision, and the capacity of both the third sector and HMPPS (in light of the impact of COVID-19) to complete call-off competitions and mobilise services in time for the start of future arrangements in June 2021. These contracts will be commissioned for delivery at police force or probation region level. We initially intend to run competitions for lots which cover the following Probation Services Dynamic Framework service categories:

• Accommodation

• Employment, training, and education

• Family and significant others

• Lifestyle and associates

• Emotional wellbeing

• Social inclusion

• Women

• Young adults (in Wales only)

Of these, accommodation and employment, training and education services will be commissioned at NPS regional level. All others will be commissioned at Police Force Area level.

As we finalise the detail of these plans, Ministers and members of the Probation Reform Programme team will continue to meet regularly with voluntary sector organisations to seek their feedback on our plans. Officials are supporting workshops which will be run by Clinks and which will cover a range of topics linked to participation in the Probation Services Dynamic Framework, including consortia building, to aid voluntary sector organisations in their bids for contracts.

I will place a copy of the Framework in the library of the House.


Written Question
Rehabilitation: Third Sector
Monday 29th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what specialist rehabilitation services they plan to make available to third sector organisations.

Answered by Lord Keen of Elie

In his statement to the House of Commons on 11th June 2020, the Lord Chancellor confirmed plans for a Probation Services Dynamic Framework through which the National Probation Service and other public bodies can commission rehabilitative and resettlement services. It opened on 11th June for registration by prospective suppliers with an interest in provision of one or more of 14 service categories.

Our plans for the first set of contracts to be commissioned through the Framework reflect our assessment of the relative distribution of offender needs, the availability of existing local provision, and the capacity of both the third sector and HMPPS (in light of the impact of COVID-19) to complete call-off competitions and mobilise services in time for the start of future arrangements in June 2021. These contracts will be commissioned for delivery at police force or probation region level. We initially intend to run competitions for lots which cover the following Probation Services Dynamic Framework service categories:

• Accommodation

• Employment, training, and education

• Family and significant others

• Lifestyle and associates

• Emotional wellbeing

• Social inclusion

• Women

• Young adults (in Wales only)

Of these, accommodation and employment, training and education services will be commissioned at NPS regional level. All others will be commissioned at Police Force Area level.

As we finalise the detail of these plans, Ministers and members of the Probation Reform Programme team will continue to meet regularly with voluntary sector organisations to seek their feedback on our plans. Officials are supporting workshops which will be run by Clinks and which will cover a range of topics linked to participation in the Probation Services Dynamic Framework, including consortia building, to aid voluntary sector organisations in their bids for contracts.

I will place a copy of the Framework in the library of the House.


Written Question
Rehabilitation
Monday 29th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government, further to the statement by Lord Keen of Elie on 16 June (HL Deb, col 2029), whether they will lay before the House a copy of the dynamic framework for specialist rehabilitative services.

Answered by Lord Keen of Elie

In his statement to the House of Commons on 11th June 2020, the Lord Chancellor confirmed plans for a Probation Services Dynamic Framework through which the National Probation Service and other public bodies can commission rehabilitative and resettlement services. It opened on 11th June for registration by prospective suppliers with an interest in provision of one or more of 14 service categories.

Our plans for the first set of contracts to be commissioned through the Framework reflect our assessment of the relative distribution of offender needs, the availability of existing local provision, and the capacity of both the third sector and HMPPS (in light of the impact of COVID-19) to complete call-off competitions and mobilise services in time for the start of future arrangements in June 2021. These contracts will be commissioned for delivery at police force or probation region level. We initially intend to run competitions for lots which cover the following Probation Services Dynamic Framework service categories:

• Accommodation

• Employment, training, and education

• Family and significant others

• Lifestyle and associates

• Emotional wellbeing

• Social inclusion

• Women

• Young adults (in Wales only)

Of these, accommodation and employment, training and education services will be commissioned at NPS regional level. All others will be commissioned at Police Force Area level.

As we finalise the detail of these plans, Ministers and members of the Probation Reform Programme team will continue to meet regularly with voluntary sector organisations to seek their feedback on our plans. Officials are supporting workshops which will be run by Clinks and which will cover a range of topics linked to participation in the Probation Services Dynamic Framework, including consortia building, to aid voluntary sector organisations in their bids for contracts.

I will place a copy of the Framework in the library of the House.


Written Question
Prisoners: Suicide
Tuesday 16th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many suicides there have been on the prison estate since 1 March.

Answered by Lord Keen of Elie

There have been four self-inflicted deaths in prisons in England and Wales in the period 1st - 31st March 2020. Our condolences are with the family and friends of the prisoners who have died.

These figures are derived from the HMPPS Deaths in Prison Custody database. As classification of deaths may change following an inquest or as new information emerges, numbers are subject to change. Self-inflicted deaths are classified as any death of a person who has apparently taken his or her own life irrespective of intent.

Data covering the period 1st April – 30th June is not yet available and will be published on 30th July.

The health and welfare of prisoners is a priority. Self-inflicted deaths remain a huge concern, and we must continue to make jails safer and ensure prisoners can access the support they need – which is why we are extending telephone access and providing dedicated support to each individual.


Written Question
Prisoners: Coronavirus
Friday 5th June 2020

Asked by: Lord German (Liberal Democrat - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many prisoners have been tested for COVID-19 (1) in each of the last five weeks, and (2) in total up to 20 May.

Answered by Lord Keen of Elie

NHS England and Improvement is responsible for commissioning healthcare in prisons and are, therefore, responsible for testing for Covid-19. As such, we do not hold this data on prisoner testing.

Covid-19 testing is ongoing in prisons and is being conducted by internal or external healthcare practitioners on symptomatic prisoners on site. The testing capacity is dependent on local commissioning services, therefore the numbers of those tested varies by establishment. Prisoners that require hospital care are being transferred to hospital and may also be tested there.