Prisons and Probation

Michael Gove Excerpts

Wednesday 27th January 2016 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Michael Gove)]

Coming as I do from Aberdeen, I know that porridge is not necessarily something that we consider to be unattractive. My hon. Friend the Member for Shipley (Philip Davies) might be relieved to hear that.

Let me first congratulate the hon. Member for Hammersmith (Andy Slaughter) on securing this debate. I thank him for the serious way in which he laid out the scale of the challenge that my Department faces—and, indeed, that faces all of us in this House. He rightly drew attention to the fact that this is the fourth debate on prisons and probation in the last week. He was absolutely right to draw attention in particular to the excellent debate conducted in the other place last week. It was a debate on a motion initiated by Lord Fowler, a former Conservative Cabinet Minister, and it is striking that so many Conservative colleagues are here today. It is important to recognise across the House that the cause of prison reform is one that is shared by people from every political party and should not be regarded as the province of any particular political organisation or caucus.

In thanking the speakers in the House of Lords, I draw attention to the fact that the hon. Member for Hammersmith, as well as most of them, took the opportunity in the time allowed to them to thank those who work in our prisons. It is important for us all to place on the record if we have time—I recognise that many want to contribute to the debate—our gratitude for the courage and the idealism of those who work in our prisons. I mean not just prison officers, but chaplains, volunteers, teachers and others.

In tandem with the Under-Secretary of State for Justice, my hon. Friend the Member for South West Bedfordshire (Andrew Selous), who is the prisons Minister, I had the opportunity last year to visit Manchester prison, or Strangeways as it used to be known. I spoke to a young man who works in the segregation unit and I asked him why he had chosen to work with some of the most challenging offenders. He explained movingly that he had come from a part of the city that was particularly affected by crime, and he wanted to do something in his own career and profession to help make his community safer. He chose to work with those challenging prisoners in the segregation unit because he believed that the personal relationships he could form with individuals there might be able to change their lives for the better while making his community safer. I believe that sort of idealism is typical of those who work in our prisons, and it reinforces an essential point: the quality of the relationship between those who work in our prisons and those for whom they care is not soft or in any way a retreat from public safety, but critical to ensuring it.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

The right hon. Gentleman may be aware that the number of attacks on our prison staff has increased by 42%, and these range from severe cuts to damages to internal organs and fractures. In order to keep safe the people who, as he has outlined, work so hard in our prisons, will he order a review into safety at work for prison staff?

[Michael Gove]

The hon. Lady makes an entirely fair point. I do not deny the scale of the problem revealed in the statistics that she and her hon. Friend the Member for Hammersmith deployed. The National Offender Management Service runs a violence reduction programme that involves studying precisely why there has been this upsurge in violence. Factors, which have been acknowledged by Members on both sides of the House, have contributed to that. One is the pattern of offenders. Prisons contain more people who have been convicted of violent and other challenging offences. It is also the case that the spread of new psychoactive substances—which have been misleadingly called “legal highs”, but which the Under-Secretary has more accurately termed “lethal highs”—has contributed to a lack of self-control and to psychosis, increased mental health problems and violence in our prison system. We must make some difficult choices to ensure that we limit the currently widespread availability of those drugs, and also keep people safe in our prisons. I shall talk about one or two of those choices shortly.

I agree that we face a problem—let me emphasise that—but I do not wish to use the word “crisis”, for two reasons. First, I think that it has the potential to undermine the morale of the people who work in our prisons. Secondly, I think that it might draw attention away from the incremental changes that we need to make, which can add up to a significant programme of prison reform. If we allow ourselves to be panicked by headlines and scared into overreaction, we may not be able to take the solid incremental steps that we need to take if we are to improve the present situation.

I was struck by the concern expressed by the hon. Member for Liverpool, Walton (Steve Rotheram) about prison staff numbers. Those of us who care about not just the safety of staff but the effectiveness of the prison regime are understandably keen for our prisons to be staffed effectively, but let me make two points. First, the number of prison officers has increased by more than 500 in the last year. Secondly, there is no absolute correlation between the number of prison officers and the nature of the regime, and the number of violent incidents. I do not deny for a moment that we need to ensure that prisons are properly staffed and prison officers are safe, but the extent of the security that individuals enjoy in a prison is a consequence of a number of factors.

[Steve Rotheram]

The Secretary of State is absolutely right. Not only should there be safe staffing levels, but we have a duty of care to ensure that that is the case. However, it was Her Majesty’s chief inspector of prisons, not me, who identified the correlation between low staff numbers and the propensity for drug-taking on the prison estate.

[Michael Gove]

The hon. Gentleman is right to say that, if we are to deal with this problem, we must be vigilant in ensuring that we have not just staff but the training that is needed to support them.

The hon. Gentleman’s mention of the chief inspector of prisons gives me an opportunity to repeat what I had a chance to say only briefly yesterday, and again to express my gratitude to Nick Hardwick for the role that he has played. His latest annual report certainly does not make comfortable reading for someone in my job, but I would far rather have someone who told us the truth, and ensured that we performed our duties as elected representatives and as Ministers in the full knowledge of the truth, than someone who felt, for whatever reason, that they had to varnish or edit the truth. As I think most people would acknowledge, Nick Hardwick and I do not come from exactly the same point on the ideological spectrum, but because I am committed to using every talented voice and experienced pair of hands that I can find in order to improve our prison system, I am delighted that he accepted my invitation to chair the Parole Board.

It is understandable that, during an Opposition day debate, the hon. Member for Hammersmith should point the finger at failings that he alleges are unique to the Conservatives, and it is understandable that he should focus on the trends and statistics that appear to have worsened under a Conservative Government. However, it is also appropriate to recognise that, as was pointed out by my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier), there were problems under Labour as well. For example, the incidence of reoffending—which I think provides a real index of the effectiveness of our prisons—is broadly unchanged. I do not say that because I want to make a partisan point; I say it merely because I want to emphasise the difficulties that we all face in improving our prison and probation service. In 2009, 46.9% of those who served custodial sentences went on to reoffend. The figure is now 45.1%. If I wanted to make a partisan point, I would say that the number of reoffenders had declined, but in fact the difference is statistically insignificant, and it is a reproach to all of us.

[Kit Malthouse (North West Hampshire) (Con)]

My right hon. Friend has made an important point about reoffending. I wonder whether he has had a chance to consider my suggestion that the probation and police services should be merged so that offender management outside the prison estate becomes the responsibility of the police, who, in the end, are having to pick up the pieces. Might we not see a step change in the numbers that he has just outlined if we made that move, as well as quite a large financial saving?

[Michael Gove]

I thank my hon. Friend for the work he did as Deputy Mayor of London, when he was responsible for policing and crime and made a significant contribution to reducing knife crime on our streets and in deploying the Metropolitan police more effectively. I think all of us would agree that prisons and probation cannot work effectively unless there is a close working relationship with the police service. However, I would caution against making a change at this point of the kind my hon. Friend suggests. It is a fascinating idea, and it has been put to me by others whom I respect, but we are just 12 months into the transforming rehabilitation programme initiated by my predecessor, and it is only appropriate that we acknowledge that that programme has already seen an increase in the number of frontline probation officers, again of more than 500.[Official Report, 23 February 2016, Vol. 606, c. 3-4MC.] Yes, it has brought in commercial expertise, but it has also brought in the charitable and voluntary sector and, for the first time, there is a direct requirement to provide support for those prisoners who leave after serving sentences of 12 months or less.

I think that was a humane and wise decision on the part of my predecessor, because we know that people who serve shorter sentences are more likely to reoffend. We can debate the factors that drive that, but what is undeniable is that if someone has served a shorter sentence—if they are part of that cohort more likely to reoffend—they deserve the support of probation just as much as, if not more than, other offenders.

The situation that used to prevail, where these offenders would be given £46 and left to their own devices as they went through the prison gate, was replaced by my predecessor and it is only appropriate that this House, whatever other criticisms it directs at this Government, acknowledges that that was a step forward for which he was responsible.

[Andrew Gwynne]

The right hon. Gentleman is right to highlight the persistent failure in reducing reoffending rates. Of course part of the challenge in successfully rehabilitating a prisoner is making sure their health and welfare are looked after while they are in prison and also that, when they are released from prison, there is adequate support in the community, particularly for their mental health needs. What more does the right hon. Gentleman think should be done, that is not being done at present, to improve that?

[Michael Gove]

The hon. Gentleman makes a very good point, and let me answer it by saying a little more about my analysis—our shared view on the Front Bench—of what contributes to crime, and therefore how we might reduce it.

There are more than 85,000 people in our prisons; 5,000 of them are female prisoners, and almost 10,000 are foreign national offenders, and we obviously want to try to reduce that number by having as many as possible serving sentences abroad. Of the remainder, some have made a conscious decision to do the wrong thing; they have crossed a moral line and society has to make it clear, with a serious punishment, that they should not be let out. It is not just that they are a danger to others; we have got to enforce the principle—the clear, bright line between right and wrong. But there are others in our prison system who will be suffering from mental health problems, and sometimes very serious personality disorders, and while they pose a danger to the public, they also pose a danger to themselves. We need to ensure we improve what is called diversion and liaison—the early detection of these problems and making sure there is an appropriate health solution—and if we do need to keep them safe, whether in a secure hospital or a prison, we also need to ensure that there is the right mental health provision for them.

One of the things I have been doing in the last two weeks is talking to the Secretary of State for Health and the Minister with responsibility for prisoners’ health, my hon. Friend the Member for Ipswich (Ben Gummer), and I am due to talk to Simon Stevens, the director of the NHS, in order to ensure we can develop a more sophisticated approach. I am also grateful for the work done in this area by Lord Bradley, whose report on offenders’ mental health under the last Government contains a number of powerful recommendations.

[Mr David Anderson (Blaydon) (Lab)]

I have done work in my local area of Tyneside with a veterans group, many of whom are suffering from post-traumatic stress disorder. One thing we have done is develop work in the United States, which has a veterans’ treatment course. The course in Buffalo is the best example; it was the first to be set up and, out of 300 cases, not one reoffended. Will the Secretary of State meet the people involved in this work to try to see if we can make this work, in everybody’s interests?

[Michael Gove]

The hon. Gentleman makes a very good point. We already take seriously the position of veterans in the criminal justice system. At the behest of my predecessor, my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) has produced a report on the care of those offenders, and the Minister for Policing, Crime and Criminal Justice, is carrying forward that work. In particular, he is working with Care after Combat, a charity that supports offenders who have been in the military.

The hon. Gentleman’s point about problem-solving courts is also powerful. When I had the opportunity to visit the United States of America, I saw how veterans courts, drugs courts and problem-solving courts can make a real difference in keeping people out of jail and helping them to put their lives back together, so I would be more than happy to ensure that the Minister talks to the hon. Gentleman.

The hon. Gentleman’s intervention brings me on to my next point. Yes, there are some people in our prisons who deserve to be there because they have done wrong. Yes, there are some people in our prisons who are there because of mental health or personality disorders. And then there are other people who have made profound mistakes, crossed the line and committed crimes, but whose actions deserve to be placed in context. I am not for a moment suggesting that the pain a victim feels is any less as a result of the difficult circumstances that some people have been brought up in, but if we want to ensure that there are fewer victims and less pain, we need to ask ourselves what led that young man or woman into criminal activity.

In many cases, the individual will have grown up in a home where violence was the norm. They might have witnessed domestic violence in their very early years. Their brain development might have been arrested by a failure to ensure that there was a loving and secure attachment to a parent or carer who put them first. There might have been an absence not only of love but of loving authority—perhaps no one cared enough about them to teach them the difference between right and wrong. Someone who grew up in such circumstances could go to primary school ill-equipped to benefit from good teaching and go on to secondary school still unable to read.

Such people could find in the culture of gangs on the streets a warmth, a false camaraderie and a sense of self-esteem that they had never found anywhere else. That individual could then go on to commit crimes. Of course, once that individual has broken the law, justice must be done. However, as well as ensuring that justice is done in our courts, we must also ensure that social justice is done on our streets. That means looking at some of the root causes—family breakdown, substance abuse, domestic violence—that contribute to the difficulties that these young people grow up in.

[Kit Malthouse]

My right hon. Friend is making a profound and powerful point, with which I agree. Does he also agree that the involvement of alcohol is one of the largest drivers of short sentences, and that it often tips people over the edge? He will be aware of the compulsory sobriety project, which has been running in Croydon with powerful results. Now that he has licensed its use across the country, will he put some of his Department’s resources into spreading this disposal, which avoids the need for people to go to prison altogether and is a much more effective treatment for the problem? In removing alcohol, it removes offending.

[Michael Gove]

My hon. Friend makes a very good point. The Minister for Policing has been closely involved in that pilot. So far as we can see, sobriety tags have made a significant contribution to reducing reoffending, and we hope that they will be able to form part of a significant extension of what is known as electronic monitoring, or tagging—in other words, ways in which individuals can be monitored to ensure that they stay on the straight and narrow, as far as possible, in a cheaper and more effective way that can often enable them to maintain their links with work, family or education, which are critical to improving their lives.

That brings me to the hon. Member for Hammersmith’s challenge: what are we going to do about these things? I will be honest: I came into this job not expecting to be in it, but I have found it fascinating and challenging and I have found some of those with whom I have to work inspiring. In contrast to the time that I spent at the Department for Education—I had three years to shadow; when I came to office I had a clear plan that I wished to implement, although not one that necessarily recommended itself to all parts of the House—I have deliberately set out to listen and to learn. I have asked people whose idealism is not in doubt and whose ability is clear to explore the landscape for me. That is why I asked Sally Coates, who cares about the education of the disadvantaged, to look at education in our prison system. Her report will be published in the next couple of months.

It is already clear, as a result of a decision made at the time of the autumn statement, that money that was previously spent by the Department for Business, Innovation and Skills will now be spent by us in a way that suits prisoners and the needs of offenders and of wider society rather than the requirements of a further education framework that was not appropriate for all offenders. More will be said by Sally in due course and by Charlie Taylor, who has devoted most of his career to working with some of the most difficult young people and who, in his review of the youth estate, has drawn preliminary lessons similar to those highlighted by the hon. Member for Hammersmith.

Yes, it is the case that young offenders are, in many cases, better cared for in smaller environments. Yes, it is the case that they need structure and discipline in their lives, but they also need a clear path towards educational attainment. One problem in our prisons is that, for many, educational attainment is capped by the way in which qualifications have been funded and educational providers have been procured. Prisoners have had diet after diet after diet of level 2 qualifications, which initially may give them a sense of purpose and renewed hope, but ultimately end up with them on a hamster wheel where they are not making the progress—in terms of education and of rehabilitation—that we would like to see.

I have addressed the issue of improving education. I have also asked the Under-Secretary to lead a programme to ensure that we can get more prisoners working fruitfully. That will mean: building on the success of organisations such as Halfords and Timpson that have done so much to recruit offenders; incarnating the lessons that the Mayor of London pointed out last week when he said that many employers found that ex-offenders are more honest and more reliable than many of those whom they hire; and providing new incentives for prison governors to give their inmates meaningful work. We must think hard about how we can expand the use of release on temporary licence.

We need to give governors more power to ensure that offenders, at a particular point in their sentence when the governor is as sure as he or she can be that that individual’s risk to others is diminishing, have the opportunity to go out during the day to work or to acquire educational qualifications to prepare them for life on the outside. Almost every prisoner will be let out at some point; we cannot keep every criminal in jail forever. If we are to release prisoners at some point, it is far, far better that they have, by a process of acclimatisation and growth, learned what it is to work responsibly in an appropriate environment or to work hard to acquire the educational qualifications that will give them a new start.

As well as giving governors more power over release on temporary licence, we want to give them more autonomy overall. In offering governors more autonomy, I know that there will be some—perhaps it will be colleagues in the Prison Officers Association—who think that this is a Trojan horse for privatisation or for a bigger role for the private sector. Let me say two things. First, the private sector has had something to offer in prisons, and that is something that unites both Front-Bench teams. There was a growth in the number of private prisons under Labour, and private prisons such as G4S’s Prison Parc in Bridgend do an exemplary job. That is underlined in every inspection.

I want to see governors who are currently in the system—people who joined the National Offender Management Service because of their idealism—given more freedom within the state sector to do what they do best. Baldly, my model is one of academy principals or of the chief executives and clinical directors of NHS foundation trusts who have shown that, with increased autonomy within a structure of clear accountability, they can achieve significant improvements.

I began by saying that I was grateful for the tone in which this debate was opened by the hon. Member for Hammersmith and I am looking forward to hearing and reading as many of the contributions as possible. Let me apologise to the House for the fact that I will have to leave the Chamber at 5.30, although I hope to return at 6.30. Every single contribution to this debate matters. All 85,000 of the prison population, which is so often out of sight and out of mind, are individuals whom we should see not as liabilities but as potential assets. Many of them have led broken lives and many of them have brought pain and misery into the lives of others, but we want to ensure that, in the future, they can contribute to our society rather than bring more pain and misery.

We are tough on crime in the Conservative party, and we appreciate that really being tough on crime means being intellectually tough enough to wrestle with the problems of why crime occurs and how to stop criminals from offending again. What is truly soft on crime is being intellectually soft and reaching for easy, simple soundbites instead of intellectually rigorous solutions, and that is why I commend the Government’s prison reform programme to the House.