Oral Answers to Questions

Debate between Lucy Frazer and Lyn Brown

Tuesday 2nd February 2021 Commons Chamber

[Lucy Frazer]

To repeat, I recognise the very difficult work that prison officers are doing up and down the country at this time. The pay proposals that we have accepted deliver an increase in pay, and as I mentioned, we took into account factors including affordability and value for money at this time.

[Ms Lyn Brown (West Ham) (Lab) [V]]

Violence in our prisons has increased massively over the past decade, and skilled staff are essential to keep prisons safe. The Minister knows that the pay review body recommended a one-off increase to wages in band 3 as a job retention package, to ensure that our prisons keep the staff they need. She knows that staff and vulnerable prisoners will be at greater risk if yet more skilled officers leave the profession, so let me give her another chance to answer the question: she chose to ignore that recommendation—why?

[Lucy Frazer]

I would like to address the point that the hon. Lady raised about violence in our prisons. I am pleased that violence in the adult male estate has gone down over recent months. Of course we accept that it is too high, and we must continue to do more to protect our prison officers. That is why we are rolling out body-worn cameras, and why we have 24/7 counselling and trauma support, as well as other things to support prison officers. Of course pay is a critical factor in the way that people value their job, and we are introducing a package of measures to ensure that prison officers continue well in their roles.

Oral Answers to Questions

Debate between Lucy Frazer and Lyn Brown

Tuesday 8th December 2020 Commons Chamber

[Lucy Frazer]

The hon. Member makes a very important point: we need to ensure that we support women not only in custody, but outside it. He will have heard me mention that we are in the midst of a £2.5 million funding exercise, in which some of the money will go to community centres. However, we are doing other things as well, such as improving pre-sentence reports to ensure that women get the right order and go into the community, not into custody, where that is appropriate. He will also have heard me announce recently our first residential women’s centre, which will be in Wales and which we are progressing with. It is for those women who are on the cusp of custody, but whom we do not want to put in custody where we can avoid that, so that they can instead be ordered by the court to go into a residential women’s centre, which will better look after their needs.

[Ms Lyn Brown (West Ham) (Lab) [V]]

The female offenders strategy published in 2018 by the then Justice Secretary and Prime Minister got it right. One woman in every three in prison self-harms. They are twice as likely as men to have mental health needs and more likely to have drug problems. According to those Ministers, short-term prison sentences

“do more harm than good”,

but last year, half of all women’s sentences were of less than three months, and the plan is to increase the women’s population by 40%. Why have these Ministers so quickly abandoned the promises made by their predecessors?

[Lucy Frazer]

I refute the claim that we are changing our policy in any way. As the police are funded to search out and investigate further crime with our 20,000 additional officers on the beat, it is inevitable that some further women will go to prison as a result, and it is our obligation to ensure that there is a safe place for them to go. We, too, are concerned about women coming through short sentences, but the judiciary makes those independent decisions on short sentences, and we are ensuring that when people do come through on short sentences, they will have specific probation officers looking after them in the new, reformed probation system to ensure that those women, and men, get the support that they need.

Prisons (Substance Testing) Bill

Debate between Lucy Frazer and Lyn Brown

Committee stage & Committee Debate 2 December 2020: House of Commons
Wednesday 2nd December 2020 Public Bill Committees

[Ms Brown]

[The Minister of State, Ministry of Justice (Lucy Frazer)]

--- Later in debate ---

[Lucy Frazer]

[Ms Brown]

Prisons (Substance Testing) Bill

Debate between Lucy Frazer and Lyn Brown

Wednesday 2nd December 2020 Public Bill Committees

[Ms Brown]

I absolutely do. It is quite clear that once someone is on a treatment programme it needs to continue seamlessly, because we all want people, when they leave prison and go back into our communities, to be able to do so free from drugs and addiction, and to start a fresh life. My hon. Friend is right, and I am grateful to him for bringing that to our attention.

I gently suggest that the statistics, and Government policy more broadly, might be improved if we stop pretending that prisoners do not start taking drugs while in prison, rather than always going into prison with an addiction. That is the truth of it. The whole system at the moment seems to be geared to discovering who has a pre-existing dependence on drugs and ensuring that they are in treatment, which is good. Do not get me wrong, that is essential, but for drugs such as spice, which has been very common in prisons, it is not the whole story.

There is a third pathway to treatment that we need to ensure is available: a pathway for those people who did not have a drug problem when they entered prison but who, tragically and unacceptably, acquired one while inside. They are the people the system is failing most—the people for whom the boredom and difficulties of prison life are alleviated by short oblivion through illicit drugs obtained inside. I am genuinely hopeful that the Bill will enable treatment for those people. If it does, that will be a massive benefit to communities and families.

I will quickly explore one other issue. The transition between custody and community is often a revolving door, especially for those with drug abuse problems. It may be especially important for spice users. It is very evident that spice is disproportionately used by two populations: prisoners and rough sleepers. We know from last week’s Public Health England substance misuse statistics that in 2019 almost half of those entering treatment for misuse of an NPS had a housing problem—the highest proportion for any category of substances. I suspect that if we accounted for those who use spice but who are not in treatment as well as for those who are, the proportion with a housing problem would be even higher. It is incredibly difficult to hold down a job, maintain positive relationships and a family life, and to keep the mind and body healthy while living on the street. That contributes to higher levels of imprisonment among those who sleep rough.

Homelessness for prison leavers, and what the charity Nacro calls cell, street, repeat, is a priority for us, and I am led to believe that it will be a priority for the Government to reduce reoffending rates in coming years. However, we need to understand how these issues are connected; how many people come into prison with a history of rough sleeping and associated use of spice in a year; how many receive treatment for substance misuse while inside; how many are still accessing spice or other harmful substances while they are inside; how many of these people, when released, go straight back to rough sleeping; and how many are going straight back to spice use if they managed to get clean inside. I hope the Minister will offer to take this issue away and consider whether there is a need for further research, which the Ministry could commission, and how it might best be achieved.

The other important transition is when people leave prison. We need to ensure that leaving prison means starting a new, changed life. It is good for the whole of our community that prisoners, when released, do not come out and reoffend. It is also important for the prisoner that they get a true second chance. Substance misuse treatment is a massive part of ensuring that that can happen. We need to ensure that information about people’s needs travels with them as they leave prison and that treatment is immediate and consistent when they arrive in the community.

There is, unfortunately, little point in people getting clean or stable inside prison if they immediately relapse when they are out, without enough support, in the chaos and confusion of the outside world again. In fact, as we know, after release is the most dangerous time for those using illicit drugs, with appalling proportions of overdose deaths occurring in the first few days after leaving prison, just when we are wanting people to have a sense of hope and rebirth. A Norwegian study found that 85% of all deaths in prison leavers in the first week after release were due to overdoses. A US study found that the risk of an overdose death was 12.7 times higher for a prison leaver in the first two weeks after release from the general population.

Most of these deaths after leaving prison are the result of opiate use—heroin, or even more, drugs such as fentanyl—rather than an NPS. People in prison with an opiate dependence are generally on a regulated dose of a replacement drug as a medication, but when they come out, if they do not have immediate access to continue that treatment, they turn to the black market. At that point, much higher and less reliable doses are sold, which can quickly overwhelm the body, and people die. So getting transitions from custody to community right is a matter of life and death for some, and an essential part of treatment.

A few weeks ago, I met with some amazing NHS staff who work with armed services veterans in custody at HMP Wandsworth. I was delighted to hear that the staff in the substance misuse team leave the prison when those in their care are released, and go with them to their first appointment for community treatment. That is exactly the kind of integrated working that we need, but we all know that it is far from universal.

Can the Minister tell us more about what the Government are doing to improve treatment through the gate, following the recommendations in the report from the Advisory Council for the Misuse of Drugs on custody to community transitions last year? I fully appreciate that she is unlikely to have detailed answers to all my questions at her fingertips, but I think that we, as parliamentarians, could do with them to help to design and monitor effective policy on issues that mean enough to us that we are sat here this morning.

This is an excellent Bill, whose purpose we support, but if it is not accompanied by effective, well-resourced Government policy its benefits will be limited. I am fairly certain that the right hon. Member for Chesham and Amersham would not be impressed by that at all. I will say more when we come to the new clauses.

[The Minister of State, Ministry of Justice (Lucy Frazer)]

It is such a pleasure to serve under your chairmanship, Ms Ghani. I will not detain the Committee long on the main points, but I will respond to the points that the hon. Member for West Ham raised. I, like others, give my wholehearted support to my right hon. Friend the Member for Chesham and Amersham for introducing this very important Bill, and to my hon. Friend the Member for North West Durham for acting as its sponsor on her behalf. I commend the excellent work that my right hon. Friend has done in preparation for the Bill, notwithstanding that she has been unable to participate in these proceedings.

Having the privilege of being the Minister responsible for prisons, probation and rehabilitation, I am acutely aware of how necessary the Bill’s provisions are. As the hon. Member for West Ham said, drugs fuel crime both in and outside prison. Moreover, new drugs are constantly emerging on to the market in prison, and criminals are tweaking the chemical compounds of existing psychoactive substances to avoid detection. The Bill ensures that drug tests are responsive to the latest challenges in prisons and young offenders institutions.

The Bill will future-proof the drug-testing framework by adopting the broader definition of psychoactive substances, prescription-only medicines and pharmacy medicines, and it will enable our prisons to start testing more immediately for new drugs substances. More than that, it will enable us to identify new and emerging trends and therefore react quickly to changes in drug use by adjusting the relevant security measures to find specific drug types or the appropriate medical response during an emergency.

There is also the issue of identifying prisoners or young offenders with ongoing drug problems. The provisions in the Bill will enable Her Majesty’s inspectorate of prisons to have a better understanding of which individuals are misusing drugs and therefore to ensure that they get the appropriate treatment, as well as providing evidence of what is possible in terms of prevention.

We have a multifaceted approach to tackling drugs, and the Bill will enable us to continue to enhance our ability to tackle the scourge of drugs in prisons. I am grateful to my hon. Friend the Member for North West Durham for taking the Bill through the House, and to my right hon. Friend the Member for Chesham and Amersham for introducing it.

I will deal with a few of the points that the hon. Member for West Ham raised. She put forward a range of issues, and I will deal with the largest ones. She asked whether we were satisfied with the definition of psychoactive substances. I would like to assure her that we are content that the Psychoactive Substances Act provides HMPPS with a sufficiently broad definition to allow for testing of any new or existing psychoactive substances that may be used in prisons now or in the future. Of course, it is theoretically possible that a substance will fall outwith the definition in the future, so the Bill is drafted to future-proof drug testing in the case of any such eventually. However, that is not an eventuality that we anticipate at this time.

--- Later in debate ---

[Lucy Frazer]

I absolutely join my hon. Friend in that. He makes an important point: at HMPPS, the governors, prison officers and all the staff in the service have done such a remarkable job through extremely challenging times. The statistics show that we were looking at a significant number of deaths—2,500 to 3,500 deaths—and in the first wave, the death count was in the mid-20s. Although all those deaths are, of course, very sad, that figure is a credit to the joined-up working at every level, including with the POA. Again, I put on the record my thanks to them for the constructive way that they have engaged; I know that they are tired and that it is difficult.

I am very pleased with this morning’s news about the vaccine, because we can see some light at the end of the tunnel of this very difficult period. While many people will be celebrating Christmas, many of our prison officers will still be on the wings doing their work. I pay tribute to them for all the work that they have already done and for the work that I know that they will do, unrelentingly, over the next three months. May I say that I do not find that my hon. Friend the Member for Aylesbury only does PMQs? He is a regular participant in all justice matters, and it is a pleasure to see him serving on the Committee.

I make one last point to the hon. Member for West Ham. She made some important points about who we will give the information to and how it will be used. Like her, I agree that once we collect information, we should use it to our best advantage. We will look very closely at her suggestion that the information be widely shared and see what we can do to share that data within prisons.

My understanding is that we do currently share some of the prevalence data with the POA for substances that have already been tested for. Of course, we need to ensure that we respect security and that we do the right thing in terms of policy making, but that is something that I am very happy to look at further. She also mentioned sharing data with the NHS. We will, of course, be sharing our insights with healthcare providers so that they can quicker adapt their services.

I am always happy to engage with the hon. Lady, as she knows, on these and any other matters, but I ask her to withdraw the new clause.

[Ms Brown]

Having heard the Minister’s peroration, I will happily go away and think about what she has said. For now, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Bill, as amended, to be reported.

Oral Answers to Questions

Debate between Lucy Frazer and Lyn Brown

Tuesday 3rd November 2020 Commons Chamber

[Lucy Frazer]

I am grateful to the hon. Lady for highlighting the measures we put in place during the last wave; as I said, we are very conscious of the impact on reduced liberties in prison. We did make available 1,200 handsets and £5 extra phone credit, and, as she mentioned, we rolled out video calling. Of course, we will continue to consider whether those are appropriate in the next phase of this pandemic.

[Ms Lyn Brown (West Ham) (Lab) [V]]

Between today and Christmas, thousands of people will be released from prison, many of whom will have spent the past six months locked in cells for 23 hours a day, with education impossible, rehabilitation disrupted and mental health problems rising. They will be released with no job, money or second chance and an increased risk of reoffending. So, Minister, when will we have an action plan, learning the lessons from past months and providing prisoners with support, which, in turn, keeps our communities safer?

[Lucy Frazer]

I am grateful for the hon. Lady’s question, but I would like to challenge her position, because we already have an action plan. We have had the roll-out of a national framework to position 3—many prisons are already operating that. It rolls out the lifting of a number of restrictions, so that we have increased social visits across the estate, as well as offender management and a number of other measures. We are, of course, now reassessing the position and we will be having an action plan, following the imposition of further national restrictions on Thursday.

Prisons (Substance Testing) Bill

Debate between Lucy Frazer and Lyn Brown

2nd reading & 2nd reading: House of Commons
Friday 16th October 2020 Commons Chamber

[The Minister of State, Ministry of Justice (Lucy Frazer)]

I congratulate my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) on taking the initial steps in bringing forward this important Bill. She has done a great deal in her political career, and this is only one of the many measures that I hope she will put on the statute book. I am so disappointed that she is not with us today to take the Bill forward, but I am grateful to my hon. Friend the Member for North West Durham (Mr Holden) for taking it forward on her behalf and making the case so articulately. I hope to see the Bill complete its journey so that we can put this law on the statute book.

The Bill is critical to ensuring that we can react quickly to stop the distribution of drugs in our prisons, because we know that the trafficking and use of drugs in prisons and young offenders institutions can have a significant impact on the physical and mental wellbeing of individuals in both the short and long term, and it undermines an offender’s ability to engage in rehabilitation. It is not restricted to the harm of the use of drugs; we have also heard about the violence that it can cause. My hon. Friends the Members for North West Durham and for West Dorset (Chris Loder) talked about the scale of the problem.

The Bill does two things: it will enable us to have a robust drug testing framework that will be responsive as new drugs emerge, and it will also put prevalence testing on a firmer statutory footing. That will allow us to gather information to better identify new and emerging trends, so that we can react to them quickly. These measures, combined with others, will help us to tackle the use of drugs in prison. It is a pleasure to see the hon. Member for West Ham (Ms Brown) in her place.

[Ms Brown]

It is nice to see you in person.

[Lucy Frazer]

Indeed. We have had many opportunities to correspond digitally, so it is delightful to see the hon. Lady in person. She rightly referred to the importance of substance treatment and the fact that it works. I am delighted to tell her that 53,193 adults accessed drug and alcohol treatment services within prisons and the secure estate between April 2018 and March 2019. We continue to see those services as a beneficial source of treatment. She will have seen in our sentencing White Paper that we want to further use community treatment orders, so that people do not go to prison at all, and we can treat them in the community.

The hon. Lady referred to the importance of decent living conditions. She will know that we, too, are committed to ensuring that prisoners can live in decent conditions. That is why we have a £2.5 billion prison building programme, with £156 million spent on maintenance this year. She asked what else the Government are doing. As my hon. Friend the Member for Stourbridge (Suzanne Webb) mentioned, the Government are putting extensive funds into tackling drugs.

My hon. Friend the Member for Christchurch (Sir Christopher Chope) talked about the importance of expenditure in this area. I hope Members will be pleased to know that we are spending £100 million on boosting security to crack down on crime behind bars. That is not just about testing. It is about introducing airport-style security—in fact, it is better than that—with X-ray body scanners at 50 sites. It is about stopping devices such as illicit mobile phones working through phone-blocking technology. It is about strengthening staff resilience by enhancing our counter-corruption unit, and it is about increased disruptions against high-harm, serious and organised crime through a multi-agency team and enhanced intelligence capabilities.