Prisons (Interference with Wireless Telegraphy) Bill

Lord West of Spithead Excerpts

Friday 9th November 2012 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord, Lord Laming, for introducing the Bill for your Lordships’ consideration and for his very important contribution. I notice that the Bill has been referred to as “short but important”. I can personally relate to that, but we will park that thought for a moment. I thank my honourable friend in another place, Sir Paul Beresford, for bringing forward this valuable Bill which has the wholehearted support of the Government. When we talk of the Prison Service we have to realise the challenges that are posed. Many prison officers put themselves in harm’s way in doing their jobs and, although this is not directly related to the Bill, I wish to relay that our thoughts are with the four prison officers who were injured in the incident in Birmingham prison only yesterday.

I also thank the noble Lord, Lord Ramsbotham, for his welcome contribution. He brings, through his own personal experience, great expertise to this House, not least on this particular subject.

The Bill will be crucial in putting on a clear, legal footing the ability of the National Offender Management Service and the Scottish Prison Service to interfere, where necessary, with wireless telegraphy in order to tackle illicit communications by prisoners and so address the very real and substantial threat posed by the presence of mobile phones in prison. Following an amendment in the other place, the Bill’s measures will also be extended to the Crown dependencies by way of an Order in Council.

The noble Lord, Lord Ramsbotham, referred to the importance of searches prior to people entering prisons. The Government agree with that. Prevention is better than cure and I am sure that the Prison Service will take particular note of that very valid point. However, on the more substantive issue of illicit mobile phones which do reach prisons, these are used for a wide range of criminal purposes by prisoners, often for the very activities they were in prison for. As has been noted, phone technology has increased. The use of Twitter and Facebook, about which there have been recent instances of boasts by inmates, must be curbed. Mobile phones are used to commission serious violence, to harass victims and retain links with extremist networks. Organised crimes and gangs are also communicated with. They can facilitate drug supplies, violence and bullying from within the prison. The National Offender Management Service and the Scottish Prison Service are committed to addressing the risks which these phones pose to security and the safety of the public, and the Bill supports that work.

The Prison Act 1952, as amended, provides that it is already an offence in England and Wales to convey a mobile phone or a component part in or out of a prison or to transmit sounds or images from within a prison for simultaneous reception outside a prison. The Act also provides that it is an offence to possess a mobile telephone or component part in a prison in England and Wales. These offences carry a penalty of up to two years’ imprisonment and/or unlimited fines. Section 34 of the Criminal Justice and Licensing (Scotland) Act 2010, which amended the Prisons (Scotland) Act 1989, also makes it an offence to introduce, or be in possession of, a mobile phone or any component part in a Scottish prison. As in England and Wales, the maximum penalty is two years’ imprisonment and a significant fine.

The Bill will support the enforcement of these statutory provisions by creating clear legal powers for prisons to use technology to suppress the use, by prisoners, of wireless telegraphy such as mobile phones. It will also enable the National Offender Management Service and the Scottish Prison Service to collect data about the communications that the prisoner is attempting to make and, importantly, will not allow for the interception of the actual content of the communication.

The powers created by the Bill will contribute to maintaining order and control in prisons, which we all welcome, by ensuring that mobile phones used by prisoners can be detected and, most importantly, investigated. The Bill contains safeguards to ensure that any traffic data collected are appropriately protected and that the regulator, Ofcom, is informed before the equipment is deployed. The Bill also provides for the Secretary of State and Scottish Ministers to issue directions to minimise interference with mobile phones outside the prison perimeter.

[Lord West of Spithead]

My Lords, I am hugely supportive of this—when I was a Minister I pushed very hard to achieve something. I hope that technology can stop interfering outside the prison walls. Three years ago it absolutely could not. It is definitely very new technology and we need to be very careful. When we ran a little trial it caused quite a lot of annoyance, so we need to be absolutely certain.

[Lord Ahmad of Wimbledon]

The noble Lord makes a valid point which I will address shortly. Concerns about trials of equipment have been raised and I have expressed such concerns in my discussions with officials. Trials of equipment have proved the technology to be a valuable resource which does interfere with wireless telegraphy. During the trials, officials have worked closely with the mobile phone operators and Ofcom, under a memorandum of understanding. To address the question of the impact on legitimate mobiles outside prisons, trials have demonstrated that the equipment is capable of denying signals to illicit mobile phones just within the prison perimeter and without adversely affecting members of the public outside prisons. I know that this is of real concern to members of the public who live within the vicinity. I accept that this is not a simple or quick solution and the effective use of technology is highly technically challenging and expensive, due to the different fabric and layout of prisons. As we move forward with this I am sure that we shall, through pilot schemes, determine that we are able to conduct and operate such technology within the vicinity of prisons. We are not aware, so far, of any unsuccessful trials in this respect.

There are safeguards in the Bill to prevent any unintended interference with communications outside prisons. The important point here is that the use of illicit mobile phones has to be stopped. Their use within prisons must be addressed. It is a means used by criminals to increase crime within prisons. Money for training and technology is always a valid concern. I am assured through my own discussions that some technologies that will be deployed will be at minimal cost, and an appropriate cost-benefit analysis will be carried out at each prison.

The central issue behind the Bill is that we address the primary concern about illicit mobile phones. The noble Baroness the Leader of the Opposition asked about further legislation. We do not envisage or expect that it will be required, because the Bill allows for interference with wireless telegraphy, subject to all appropriate safeguards, and addresses the purpose of preventing the use of, and detecting and investigating, mobile phones and other such devices. Technology moves on and the challenges increase but, importantly, the Bill addresses a vital need for the here and now. The Government are delighted to support it.