Prisons (Interference with Wireless Telegraphy) Bill

Maria Caulfield Excerpts

2nd reading: House of Commons
Friday 1st December 2017 Commons Chamber

[Maria Caulfield (Lewes) (Con)]

I beg to move, That the Bill be now read a Second time.

I am sure that many Members have already noticed that the Bill is in not my name, but that of my right hon. Friend the Member for Tatton (Ms McVey). It is a huge honour to take over the Bill from my right hon. Friend following her recent and richly deserved promotion to the Government. I am very grateful to her for having brought this important Bill before the House and for entrusting its further safe passage to me.

The purpose of the Bill is to make our prisons safer and more secure. It would amend the Prisons (Interference with Wireless Telegraphy) Act 2012, which was guided through Parliament and brought to the statute book by my hon. Friend the Member for Mole Valley (Sir Paul Beresford). I am very happy to have an opportunity to build on his previous work.

Let me start with the problem that the Bill is intended to tackle: the presence of mobile phones in our prisons. These illicit phones cause significant harm both inside and outside our prisons, where they are used to co-ordinate the smuggling of drugs and other contraband. Mobile phones are key enablers of the illicit economy in our prisons, which drives a significant amount of violence and self-harm. They also have an impact outside the prison walls. They can often be used to harass victims and witnesses, or to run organised crime gangs outside prison. The high price that mobile phones command in our prisons funds the organised criminals who supply them to carry out other illegal activities.

The 2012 Act recognised the significance of the threat and provided the Secretary of State with the power to authorise governors to interfere with wireless telegraphy in their prisons. Using this authority, governors are currently empowered to carry out interference to prevent, detect or investigate the use of devices capable of transmitting or receiving images, sounds or information by electronic communication such as mobile phones.

Despite the authority provided in the 2012 Act and the considerable use that has been made of its powers, mobile phones continue to cause real and severe problems in prisons throughout the country. In particular, prisons continue to face the challenges posed by the increasing availability of mobile devices. Although governors have been authorised under the Act to interfere with wireless phone signals to combat the use of illicit mobile phones, and although seizure figures show how effective they have been in using the detection equipment available to them, the sheer number of seizures demonstrates that the Act needs to be expanded.

Hard-working prison staff make every effort to detect and confiscate illicit mobile phones and SIM cards, but the figures illustrate the scale of the problem. Only last year, 20,000 phones and SIM cards were found in prisons in England and Wales—approximately 54 each day. That is a significant increase on previous years, with just under 17,000 found in 2015, 10,000 in 2014, and just over 7,000 in 2013. Having met prison officers in my local prison in Lewes and heard at first hand about the problems that mobile phones cause them, I believe that the Bill will significantly improve safety and make their jobs easier.

It is clear that the current ban on mobile phones in prisons is not working, and that the 2012 Act needs to be expanded to combat the increasing problem. The Bill will build on the Act by allowing the Secretary of State to directly authorise public communication providers and mobile phone operators to interfere with wireless telegraphy in prisons, as is set out in clause 1. As a result of the 2012 Act, mobile network operators are already involved in work to combat illicit phones, but because the authority to carry out interference lies with individual governors, the role of the mobile phone operators has so far been limited. Clause 1 provides both the authority and a clear line of accountability in primary legislation for mobile phone network operators to become more actively involved in combating the problem. It is of course important to ensure that such activity is subject to safeguards that are needed to prevent inappropriate use. To that end, further consequential changes are made in the schedule to the Bill, which amends sections 2, 3 and 4 of the 2012 Act.

The schedule amends section 2 of the 2012 Act so that safeguards that already apply to authorised governors will also apply to authorised public communications providers. Like an authorised governor, any authorised public communications provider will have to comply with directions from the Secretary of State which must specify descriptions of the information with which governors are to be provided, the intervals at which it is to be provided, and the circumstances in which the use of equipment authorised for the purposes of interference with a wireless signal must be modified or discontinued. There will also be directions aimed at ensuring that authorised interference does not result in disproportionate interference with wireless technology outside prisons.

Section 3 of the Act governs retention and disclosure of information obtained by means of interference. It provides that information must be destroyed after three months unless the governor of a prison authorises its retention on specific grounds. When the information is retained, the governor must review its retention every three months, and must destroy it if its retention is no longer justified. Under the Bill, responsibility for deciding about retention and disclosure will still rest with the governor of the relevant institution, but because relevant information may now be obtained by a mobile phone operator or public communications provider, who may have been authorised in respect of multiple institutions, the Bill amends section 3 to clarify which governor is responsible for decisions about retention and disclosure in such cases.

The House had an opportunity to consider similar provisions to those in the Bill during its scrutiny of the Prisons and Courts Bill in the last Parliament. I am pleased to say there was genuine cross-party support for the measures, but two concerns were raised. The first was about prisoners accessing legitimate telephone services to retain contact with family members, friends and their communities outside prison. Multiple pieces of research, including the Farmer review, show that maintaining contact between prisoners and family members is crucial. Ministry of Justice research shows that prisoners who maintain contact with a family member are 39% less likely to reoffend than those who cannot. It is therefore crucial that we enable that to happen, and some Members have stressed that mobile phones are a tool to maintain that contact.

While being able to contact family members using legitimate telephone services while in prison is key, the Ministry of Justice already has a programme of work under way to ensure that prisoners have access to legitimate phone services and do not need to turn to mobile phones. The Department is trialling in-cell handsets and call tariff reductions in the prison estate, starting at HMP Wayland, and the ongoing trials aim to test the impact of this technology further. Conservative Members have already lobbied the Minister about this important issue through “A Manifesto to Strengthen Families”, and if I was not confident about this work, I would not be recommending the Bill.

[Mims Davies (Eastleigh) (Con)]

My hon. Friend is making an excellent speech on this important Bill. I have constituents who work for Winchester prison. While they stress the need for family connections, they also have grave concerns about connectivity through illicit mobile phones. The Bill can address both of those points.

[Maria Caulfield]

Absolutely. Existing legislation bans mobile phones, so prisoners should not be accessing them to contact their family. That is not to say that contacting and keeping in touch with family members is not important; it is crucial both for inmates’ welfare and to reduce reoffending.

The second concern raised previously was about the possibility of interference activity in prisons having a detrimental effect on properties close to prisons, perhaps by blocking legitimate signals completely. My constituents in Lewes are worried about this. Under the powers of the 2012 Act, there was a small risk that genuine customers could be disconnected if their phones were incorrectly identified as being used in a prison without authorisation. To counter that, under this Bill, before any system is deployed, Her Majesty’s Prison and Probation Service will calibrate and test its approach, including any technology and infrastructure measures, with mobile network operators and Ofcom to ensure that only those handsets that are being used in a prison without authorisation will be identified and stopped from working.

The increased active involvement of mobile network operators under this Bill should be welcomed as reassurance that genuine mobile phone use near prisons will not be blocked. Mobile operators will be the first to know about any leakage from prisons through spikes in complaints, and I am pretty sure that Members of this House will be contacted by their constituents if mobile phone signals outside prisons are affected.

The Bill is not intended to facilitate any one technical solution. Instead, it gives mobile network operators the authority to become more directly involved. By doing so, it provides the freedom, and perhaps the stimulus, to develop a range of solutions. Authorising operators will also add an element of future-proofing to the process, which has been missing so far. As the experts, they will be aware of new technical developments and will be able to adapt their solutions in response to them.

I hope that Members will support this important Bill and the contribution it can make to improving the safety and security of our prisons. I commend it to the House.

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[Mims Davies (Eastleigh) (Con)]

I, too, congratulate my right hon. Friend the Member for Tatton (Ms McVey), who is in the Chamber today, on introducing the Bill, and my hon. Friend the Member for Lewes (Maria Caulfield) on taking it up. I have not yet had the pleasure of taking a Bill through the House, so I am delighted to be part of the process. I know that my right hon. and hon. Friends have been adamant campaigners on this issue. This absolutely matters to my hon. Friend, given the prison in Lewes, and I congratulate her on an excellent speech.

We are in a sphere of new challenges—I see the Minister in his place, and I look at the notes from the MOJ about the challenges in our prisons—and it is vital for the safety of our prisoners, prison officers and visitors that every necessary power be available. I found myself having a strange conversation with some prison governors during the Conservative party conference—they were not at the conference; they were on a walking holiday and found themselves in the same hotel as me. They had started their careers as prison officers and they raised several points with me, as well as highlighting many of the changes they were facing.

I mentioned in an intervention the issue of coercive behaviour and the conducting of threatening and dangerous relationships from behind bars—for example, prisoners continuing to coerce and threaten family members or, as we have heard, people going through a court process. Some prisoners, though deprived of their liberty, can still cross the line and threaten individuals. That was of great concern to the prison governors. I also mentioned earlier my surgery work with prison officers at Winchester Prison. In fact, some of my early surgery work involved supporting them in their challenging job. They raised with me, a new Member of Parliament, the fact that new technology was affecting how they worked. They were keen for the MOJ to understand the growing pressures on their security and the issues they had to deal with.

[Maria Caulfield]

My hon. Friend makes an important point. Does she not agree that prison officers work under very stressful conditions and that the Bill would enable them to get rid of the curse of mobile phones in prisons, take the pressure off them and make prisons a safer working environment?

[Mims Davies]

I absolutely agree. That was exactly their point—that it was becoming a more dangerous and difficult job, that they could be tracked down, perhaps on the school run or in the community, through connections within the prison, and have their families threatened. It was enlightening to learn about the pressure on our prison officers brought about by the changes in technology to which prison inmates still had access.

Let me put that in context. Winchester Prison was built in 1846. It is a typical Victorian prison. It has a capacity of about 690 inmates and now takes offenders from the age of 18. It does great work on community rehabilitation—it is one of the 10 pathfinder prisons—and is working hard to reduce violence, incidents of self-harm and suicide and is doing as much as is humanly possible to make sure that time spent in prison is practical and useful for the next stage of their lives. If, however, a prisoner is still being hassled from the outside and cannot get away from it, how can they move on?

Hon. Members will recognise the concerns raised in the House over several years about the use of mobile phones in prisons. For every prison in England and Wales, being equipped with technology is vital. We heard earlier the annoyance of a phone going off when it is not wanted, but if someone relies on it and cannot get a signal, it is a disruptive force, and that is simply what the Bill does. It is so important. We heard the figures earlier: 13,000 mobile phones—an increase of over 7,000 in just three years; 7,000 SIM cards, and these all have a value within the prison environment. Some inmates will be digital natives, having grown up with digital technologies, and for them connectivity will be absolutely normal, so being deprived of it could be very helpful.

This is an excellent Bill, and I think it will be very helpful in prisons. The interference we have seen with the court process, and the impact of social media on juries and judges, is highlighted in our courts now, so we need to make sure that prisons are not another place where pressure can be applied.

I commend this Bill and I wish it a safe passage, because it matters to our prison staff, to their families, to visitors and to all the people who rely on our prisons being secure. It will also help our governors, and eventually keep our communities safe. Ultimately, that is what we are looking for: to rehabilitate and help people and to keep our communities safe. I wish the Bill all the speed in the world, and I commend it to the House.

--- Later in debate ---

[Maria Caulfield]

With the leave of the House, I thank all hon. Members who have taken part in this debate. My hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) asked about the Bill’s impact on prison governors, but it will actually reduce their workload because responsibility will lie firmly in the hands of the mobile phone operators. Governors have tried hard to keep up with technology, but each time that we move from 2G to 3G or 4G, they have to start the process again.

My hon. Friend the Member for Torbay (Kevin Foster) made the excellent point that mobile phones are no longer just phones; they are small computers with a wide range of capabilities. Blocking phone signals will not just block people’s ability to make calls, but stop them from communicating in other ways.

My hon. Friends the Members for Eastleigh (Mims Davies) and for Fareham (Suella Fernandes) highlighted the important work that is being done in HMP Winchester and the fact that prison officers have asked for such legislation to make their lives easier. I welcome the support for the Bill from across the House. The shadow Minister highlighted the wider impact that this Bill will have in our society, because it is not about just reducing crime and problems in our prisons.

The only objection to the Bill seemed to be when mobile phones fought back against it live in the Chamber, so I hope that it has cross-party support. I am grateful for the widespread support for the measures. The Bill is small but important, and it is gratifying that it has been endorsed by Members on both sides of the House. I am not surprised by that endorsement because I believe that there is a shared understanding of the problems in our prisons, and a shared willingness to try to deal with them.

I thank the Bill’s sponsors: my hon. Friends the Members for South West Bedfordshire (Andrew Selous), for Monmouth (David T. C. Davies), for Angus (Kirstene Hair), for Copeland (Trudy Harrison), for North East Somerset (Mr Rees-Mogg) and for Christchurch (Mr Chope), the hon. Members for Newcastle-under-Lyme (Paul Farrelly), for North Durham (Mr Jones) and for Jarrow (Mr Hepburn), and the right hon. Member for Kingston and Surbiton (Sir Edward Davey). The fact that those sponsors include a Member for Wales shows that there is support for the Bill across the United Kingdom. Although the Bill will not apply in Scotland, I understand that the Scottish Government hope to introduce changes.

If the Bill receives its Second Reading, I will look forward to it completing all its remaining stages successfully. If and when that happens, I am confident that it will make a significant contribution to improving the safety and security of our prisons.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).