Prisons and Courts Bill

Michael Tomlinson Excerpts

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a pleasure to follow the hon. Member for Halifax (Holly Lynch) and so many other experts who have spoken already from both sides of the House. It is also a pleasure to have caught your eye, Madam Deputy Speaker, and to be called to speak so early in this Second Reading debate on a Bill that commands cross-party support.

The Bill contains much that is commendable. I warmly welcome the strengthening of regulations on whiplash injuries and the provisions on the introduction of new technologies in court procedures. I was pleased to hear the Secretary of State describe how courts in the south-west of England—my part of the world—are doing so well in using technology.

I will focus on prisons and prison reform. I am delighted that the Bill sets out the purposes of prisons, in particular that they should

“reform and rehabilitate offenders”

and

“prepare prisoners for life outside prison”.

Many Members have expressed their concerns about the prison system, but none, I think, has dwelt on the reoffending statistics, which have remained stubbornly high. The rate of reoffending by young offenders is running at 68.7%, the rate among those sentenced to less than a year in prison is 60%, and the overall reoffending rate is 44.7%. Such rates come at a cost of £15 billion a year. That is not the cost of reoffending overall; it is the cost in relation to reoffending by those who were in prison. It is right that we refer in the Bill to the necessity of reforming and rehabilitating offenders.

The statistics that I just cited compare badly with those for our international counterparts. Some countries do particularly well—Denmark’s reoffending rate is 29%, and Iceland’s and Singapore’s are both 27%, but Norway leads the field with a rate of 20%. I accept that the legal jurisdictions in some countries are very different from our own, but it is worth looking at where there is good practice and seeing what we can learn. In that regard, I was pleased to visit a young offenders institution in Norway, just outside Bergen. Prisons in Norway have been compared, unfairly, to holiday camps by some in our country’s media, but given Norway’s reoffending rates, it would be churlish to ignore its example. When there are good lessons to learn from other countries, we should try to learn them.

[Dr Sarah Wollaston (Totnes) (Con)]

Does my hon. Friend agree that there are also examples of good practice in this country? I visited a project in my constituency, LandWorks, which works with offenders providing routes into employment, mentoring and counselling. It offers an extraordinary range of opportunities and achieves reoffending rates of just 4%. Does he agree that we should look at practical examples in this country and roll them out more widely?

[Michael Tomlinson]

I agree absolutely and I am grateful to my hon. Friend for that intervention. It is clear that LandWorks is doing an excellent job in her area. We heard from the hon. Member for Bridgend (Mrs Moon) about the good work that is done in Parc prison, which is being rolled out internationally. When we can learn, whether from institutions in our own country or abroad, we should be big enough and brave enough to learn those lessons, to adopt good practice and to roll it out across the country.

The two principles I learned from my visit to the young offenders institution in Norway related to staff ratios and officer training. There, all prison officers are either graduates or have completed a two-year training programme. I was pleased to hear my right hon. Friend the Secretary of State say that we are recruiting more prison officers and more is being done to improve their training. Earlier today, I learned of the “Unlocked” graduate scheme—a two-year programme, I think.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

indicated assent.

[Michael Tomlinson]

I am pleased to see the Minister nodding. I warmly welcome that programme.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Will my hon. Friend, whose professional background is similar to mine, comment on the need for offenders leaving prison to go not into the arms of drug dealers, which leads to further reoffending, but into the arms of a loved one or family members, so that that relationship can give them ongoing support and help them not to reoffend?

[Michael Tomlinson]

I was going to touch on that point later in my speech, but I will deal with it now. Members on both sides of the House have talked about the importance of that. The hon. Member for Bridgend talked about a 51% reduction in reoffending—I would be interested to hear where that figure comes from. The hon. Member for Stretford and Urmston (Kate Green) mentioned a 39% reduction, and I believe that that figure was drawn from research instigated and conducted by the Ministry of Justice in 2008. I am interested in both those figures.

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) is right. I challenge the Minister to consider whether maintaining close family relationships outside prison should be mentioned in the Bill, perhaps in clause 1, which sets out the purposes of prisons. I was pleased to hear the Secretary of State say that Lord Farmer has been looking into this, and I know he will bring his great expertise to bear. We eagerly anticipate the publication of his report.

I had the opportunity to visit, with my hon. Friend the Member for Hexham (Guy Opperman), Her Majesty’s Prison Coldingley, which is a reform prison, to see the work that goes on there. When reform prisons were launched, I questioned how they would make a difference and what empowering governors would mean on the ground. The governor of Coldingley gave two examples that made clear to me the impact that reform prisons and giving governors greater autonomy can have. They are small examples, but I believe they paint a bigger picture. They have had a big impact, certainly in Coldingley.

First, every prisoner in Coldingley works. We had the opportunity see the vast factories there—there is a printing press and the like all set up. As a result of the flexibility given to the governor, she has been able to increase the food allowance from less than £2 to in excess of £2. That seems like a small uplift, but it was done in recognition of the fact that every prisoner works, and if nothing else it has made a dramatic difference to prisoners’ morale. The second example was the appointment of a key position that the governor simply would not have been able to afford without having flexibility in the budgets and the autonomy to prioritise funds as she saw fit. Those two small examples brought home to me the importance of giving governors autonomy and greater authority.

Another measure foreshadowed in the White Paper was release on temporary licence. Schemes whereby prisoners are released early are sometimes criticised, even by Conservative Members. Some say, “Well, what about the risk to the public?” While I agree with those concerns and although it is right to highlight them, it is also right, when proper, to challenge them, because release on temporary licence has a success rate in excess of 99%. In 2015, there were 162 failures, the definition of which is a prisoner who has breached his or her terms of release, committed a further offence or failed to turn up on time. The figure equates to 49 out of 100,000—less than 0.5%. If we translated that into reoffending statistics, I think we would all be pleased, so I warmly support measures giving governors greater autonomy in rolling out and prioritising release on temporary licence.

I am conscious that other experts are waiting to speak, so suffice it to say that I warmly welcome the measures set out in the Bill. I fully support it and am pleased that it has cross-party support.

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[Philip Davies]

I am grateful to my hon. Friend for what I consider to be his support for my amendment. I only need the support of the Opposition and about eight more on our side and we should be in business. I will put my hon. Friend’s name down as a likely supporter.

The Library briefing paper confirms:

“There were 6,430 assaults on prison staff, 761 of which were serious. This was an 82% rise on the number of assaults on prison staff in 2006 and was a 40% increase from 2015.”

Prison officers have a very hard and, at times, dangerous job. I am sick of hearing about the pathetic additions to sentences for prisoners who assault them. I hope the Government will deal with that in the remaining stages of the Bill.

I would also like to see an amendment to limit the use of fixed-term recalls. When prisoners are released early, they do not even go back to serve the remainder of their sentence when they are convicted of a further crime. They just go back into prison for 28 days, for what I would consider a mini-break. They can usually keep an eye on their criminal activities knowing that they will be back in prison for only 28 days. I hope the Government will deal with that.

I would recommend giving consideration to making judges accountable for their decisions, particularly when they do not hand down custodial sentences that are perfectly justifiable and possibly even expected, and particularly when the offender goes on to reoffend. I do not need to say now what the consequences of collecting such information should be, but it should be clear to many that where a judge consistently allows offenders to avoid prison, and those offenders go on to make others suffer as a result of their continuing crime spree, there should be accountability and consequences for that judge.

I would like to table an amendment to allow magistrates to sentence people to prison for up to 12 months for one offence, instead of the current six-month limit. We already have the law in place to do that, and it just needs a commencement date. That is something the Government have been promising for years, but they still have not got round to doing anything about it. When the Minister winds up, perhaps he can tell us when he intends to activate this part of Government policy.

I would like to recommend increasing the age limit for magistrates and judges to 75, and I will table an amendment to that effect. As of 1 December 2016, the Government increased the age limit for jurors to 75, and I cannot really see any difference between being a juror and determining someone’s guilt or innocence in a serious criminal trial, and, for example, sitting as a member of a bench of magistrates. Surely, the same rationale applies to both.

I am not a fan of release on temporary licence, unlike my hon. Friend the Member for Mid Dorset and North Poole. If prisoners serve only half their sentence, the least they can do is actually serve that half in prison, rather than being released in advance of the half for which they are automatically released. It is ludicrous to count time out of prison as time in prison, and I am considering tabling amendments to cover some instances of release on temporary licence.

[Michael Tomlinson]

Will my hon. Friend give way?

[Philip Davies]

I am not going to give way, because my time is almost up, and I want other people to have the chance to speak.

I want to place on record my continued interest in seeing male and female offenders treated equally by the courts, not only for sentencing purposes but in all aspects of the criminal justice system. It is increasingly accepted that women are treated more leniently than men. For every single category of offence, a man is more likely than a woman to be sent to prison. In the interests of equality, this matter needs to be looked at. However, we should look after women in the criminal justice system by abolishing sharia councils, which discriminate against them terribly, although the Government sit idly by and allow that to continue, which is an absolute disgrace.

Finally, on a more positive note, I am delighted to support the Secretary of State when she said in a speech last month that:

“the wrong way to address the problem would be to shorten sentences or to release offenders earlier. That would be reckless and endanger the public. And it would restrict the freedom of the independent judiciary to choose the most appropriate sentence for each offender.”

I could not agree more. She is certainly on the right lines. If she sticks to that kind of principle, she will be doing okay. I hope to be able to support the Bill by strengthening it in its remaining stages.

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[Andrew Selous]

At the very least, we need fairness across the system. What concerns me is that some local authorities have a blanket approach of telling ex-offenders to wait a couple of years. My local authority, Central Bedfordshire Council, has a very good policy. It is concerned about antisocial behaviour, and it does not really mind whether someone is an ex-offender; it wants to know whether that person will be a good tenant. As long as they are a good tenant, the council does not discriminate against them. I think that that is a good and practical policy.

[Michael Tomlinson]

Does my hon. Friend welcome, as I do, the Third Reading in the House of Lords of the Homelessness Reduction Bill, in which there is duty on local authorities to provide advisory services to those who have been in prison? Does he welcome that excellent measure?

[Andrew Selous]

I very much do so, because so many of the other things that we want to do—improving prisoners’ education, getting them into work, keeping family links strong—depend, very naturally, on having somewhere to live.

I am concerned that offenders’ innocent family members are being unfairly and wrongly penalised by insurance companies either withdrawing insurance cover or making it prohibitively expensive. In some cases, this is happening while the offender is in prison, and it is hard to see how there could be an additional risk to the insurer with regard to the family home in such cases. The Ministry of Justice needs to make its views about this issue very clear to the Association of British Insurers. I am grateful to the Salvation Army for highlighting it in a recent edition of its magazine, The War Cry.

The previous Secretary of State was absolutely right to get an outstanding headteacher, Dame Sally Coates, to review prison education. We need much better baseline assessment of levels of literacy, numeracy and other key skills on arrival in prison, and a real determination not to waste a single day in prison in making progress on those areas. We also need a culture change so that prisons become places of education across the whole establishment. One of the ways to achieve that is through the much greater use of mentors—for example, with the Shannon Trust’s reading schemes, or by using numeracy schemes, such as one to one maths. Some of our best governors, such as Ian Bickers at Wandsworth, have accelerated this progress and formalised the mentoring arrangements with prisoners who have level 3 qualifications and are able to help other prisoners.

The Ministry of Justice is to be commended for realising the vital importance of making sure that prisoners leave prison with a job to go to. This is a huge challenge and we are a long way from achieving it, but no longer is purposeful activity just to be about keeping prisoners occupied, worthwhile though that is. Work and training in prison needs to be related to getting and keeping a job on release. I welcome the focus on prison apprenticeships. I hope there will be more properly focused release on temporary licence, as its decline from 529,000 instances in 2013 to 333,000 in 2015 is a great concern.

It would be good to have an update on how the Government and the wider public sector are doing with the Ban the Box initiative. Companies such as Boots, Barclays, Carillion, Land Securities, Ricoh, Virgin Trains and many others are leading the way. We need other firms to join them, and we need to bring employers who are not as enlightened up to the mark.

I am very pleased that the Bill does not alter the statutory provision for chaplaincy set out in the Prison Act 1952. Chaplains play an extremely important role in prisons, and recent research on Catholic prisoners found that over 90% trusted their chaplain. The cost of accommodation for clergy can lead to vacancies, and I hope that Churches will look at shared appointments, making use of existing clergy housing, or indeed invest further in housing for this important ministry. I am also extremely grateful to the benefactor who, at no cost to the public purse, has provided thousands of copies of the “Doing HIS Time” devotional guide for prisoners. Chaplains should be aware of this excellent free resource, which I believe will have a significant impact in our prisons and beyond, given the clear links between rehabilitation and redemption.

Prisons will be successful in achieving rehabilitation and preventing reoffending only if we have an effective probation service that is working hand in hand with our prisons. I welcome the implementation of the key worker role in prisons to help bring this about, and I hope that the probation service will look at the inspiring examples of what can be done by initiatives such as Jobs, Friends & Houses in Blackpool. It is an initiative between Lancashire police and Blackpool Council that provides construction skills training, accommodation, employment and friendship, as well as strengthening the wellbeing of those it serves in very practical ways. I have explained the model to the chief constable and police and crime commissioner in Bedfordshire, as well as to senior judges in Luton, and I hope that they will be inspired to establish a similar initiative in my own county.

--- Later in debate ---

[Richard Arkless]

I was not aware of that, but it seems like my friend the hon. Member for Bridgend and her constituency team are running that prison, not G4S. I doubt whether such enlightened and progressive policies would have come from the G4S boardroom; they are much more likely to have come from the hon. Lady. I do not seek to be contentious, though, and if that is the case, I stand to be corrected. I have suggested that the Justice Committee examine the effectiveness of private prisons vis-à-vis the public sector, because it is a legitimate question. If the hon. Gentleman is correct and I am mistaken in my view, such an inquiry will bring out the details. I look forward to the point at which we can have a reasonable, constructive, politics-free discussion.

[Michael Tomlinson]

As the hon. Gentleman has heard from the former Justice Minister, my hon. Friend the Member for South West Bedfordshire (Andrew Selous), that it is indeed a private prison—the hon. Member for Bridgend (Mrs Moon) may well confirm it in her own words—will he reconsider his party’s position?

[Richard Arkless]

It is not for me to reconsider my party’s position; I am merely a foot soldier of my party’s movement. However, I will say that we will be led by the evidence. If the evidence from any future inquiry into public and private prisons gives me a different impression, I will of course be led by the evidence, not the politics, which the hon. Gentleman is clearly being led by.

Prisons and Courts Bill (First sitting)

Michael Tomlinson Excerpts

Committee Debate: 1st Sitting: House of Commons
Tuesday 28th March 2017 Public Bill Committees

[Yasmin Qureshi]

Q Ms O’Brien, you have said that to have proper rehabilitation we need to return frontline staffing to 2010 levels.

Rachel O'Brien: We have not done that. I welcome the measures that have been taken, but we have not done that and I do not think for one minute that we do not have an existing staff problem. Even with what we have, it is going to take a long time for those people to come through. I have also met fantastic new officers who want to make a difference and are struggling to do so. One thing we have to bear in mind is that the new way of working means stopping doing some other stuff, and that is going to take time to flow through.

I also think, though, that there is a deeper need to look at the workforce capabilities. For example, we know that mental health is a major issue within prisons, and most officers do not feel prepared to give that kind of support; I am not talking about detailed intervention but just being aware of the key issues that they are going to face, day in and day out. The race is between really thinking about what that workforce looks like at a time when most people turn on the telly and see things that may not encourage them to join the service. I have met some fantastic people; the key is to keep them, to develop them and allow them to progress.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Q I do not think I have anything to declare, but for the avoidance of doubt I am a former practising barrister—non-practising at the moment. Joe Simpson, what are your views on the further professionalisation of the Prison Service in general, and then, specifically, what are your views on the new graduate scheme, the Unlocked scheme, that I think is starting this September?

Joe Simpson: I joined the Prison Service in 1987 and I have seen a lot of different things happen within the prison system, such as social work in prisons. We have seen the fast-track scheme before; it has taken prison officers right up to governor level—in fact, right up to second in command of the Prison Service. They are all well and good, but to make prisons safe we have to give prison officers more training than they are being given—mental health training, more suicide awareness, and more intervention with prisoners. Most of all, we need prison officers on the landing for what we call “dynamic security”—that is, they can see us and we can see them. We can keep an eye on them and keep them safe. When they can see us, they feel safe.

So we welcome the professionalisation of the prison officer and we are ready to talk to whoever wants to talk to us about professionalisation of our members and all prison staff. Yes, the graduate scheme will take people from the shop floor into higher management, if they want to go there; sometimes, though, in my experience, some of our managers forget where they have come from and what it is like to work on the shop floor. But we welcome anything that will professionalise our prison staff in making prisons safe.

[Michael Tomlinson]

Q Thank you. I recently had the privilege of visiting HMP Wandsworth. They explained the extension of the training that was going on there. Presumably, again that is something you would welcome. I am assuming that you would welcome the extended training period for new recruits as well, given what you have said.

Joe Simpson: We would like to see a much longer training programme for new entrant prison officers, because what can you teach a prison officer in 10 weeks? What about all the other things we do? A prison officer in reality is an untrained drug counsellor and marriage guidance counsellor. We are everything rolled into one, with no training.

The only thing that you have got is experience, and you gain that experience through working in the system and in life. When you are recruiting prison staff who are 18 years old, it makes it more difficult for the more experienced staff to guide them in the way it is. When you finish your training, you are supposed to get a two-week induction into the prison to get you used to the way it works, but that never happens.

[Michael Tomlinson]

Q That brings me to my final question; you have neatly brought me round to rehabilitation. You mentioned marriage guidance counselling and so on. What further role do you think there could be for prison officers not only in relation to rehabilitation in general, but in relation to such things as education?

Joe Simpson: On education, the POA is involved with Toe By Toe, which is where we get other prisoners to teach prisoners to read and write. We are heavily involved in that. I think we must be the only profession that wants to put itself out of a job, because we want rehabilitation, but with the levels of overcrowding we have at the moment, you are not going to achieve it. It will take a long while to start the rehabilitation that the Government want for the simple reason that we have to make prisons a safe place to work and live in.

[Mr Gyimah]

Q Mr Simpson, I would like you to comment on professionalisation. We are consulting with the trade unions on the creation of 2,000 new senior positions across the estate, where they will be able to work at band 4 level in such jobs as self-harm prevention or mentoring, earning up to £30,000 a year. How could that help retain senior staff and professionalise the workforce?

Joe Simpson: I used to do that as a prison officer; I did not need promotion for that. It was part of my role and what I was paid for, but the service has long depended on prison officers and prison staff volunteering to do that extra work with no pay and no pay rise. Some 70% of prison staff have not had a decent pay rise in five years. That is when you get problems in the Prison Service. They feel forgotten and as though they do not count. With the 2,000, why not train the rest of them in that and make the Prison Service a truly professional service?

Prisons and Courts Bill (Second sitting)

Michael Tomlinson Excerpts

Committee Debate: 2nd Sitting: House of Commons
Tuesday 28th March 2017 Public Bill Committees

[Nick Thomas-Symonds]

I am asking about online courts.

Professor Susskind: Okay. Online, my view is that we can make a system that is far more transparent. What we have in mind when we talk about open justice is that members of the public—anyone—can scrutinise the process, understand the results and view justice as it is being administered. When I speak to the judges who are involved in thinking through what the online process will be like, they are entirely happy. For example, in tribunals, an ongoing dialogue between the parties and the judges can be available online and scrutinised. The decisions will be made available online.

I want to challenge the assumption that is often made that you need physically to congregate in a courtroom for a service to be transparent. That is only really available to the public who live nearby. What we have in mind is an internet-based service that could be subject to scrutiny and visibility by anyone who has internet access. It would be a different kind of transparency, but it is transparency none the less, giving far wider access to the process.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Q I will pick up on a couple of points that have been raised. Professor Susskind, you talked about technology improving. Just to give you an idea, I can remember using this technology myself in court as a practising barrister—I am now a non-practising barrister—both before 2010 and after. Since then, technology has been improving on a daily basis. I was particularly pleased to hear that the west of the country seems to be doing well in using technology.

My specific question is directed towards Richard Miller, and Penelope Gibbs as well. Richard, you were talking about concerns about defendants giving evidence virtually. Do you accept the benefits of, for example, vulnerable witnesses giving evidence virtually? For those who would be nervous or anxious about attending court, all those anxieties can be put to rest and they can give evidence from a safe distance.

Richard Miller: We do not have any major problem with that, subject to the judge’s overall control to ensure that justice is being done in the individual case. On the concern about bail hearings in particular, it is not so much the defendant giving evidence as the whole series of interactions that have to happen during the hearing and whether it is practical to accommodate all that within a virtual hearing.

[Michael Tomlinson]

Q If it were possible to overcome that, for example by having proper briefings with lawyers in advance and debriefings after the hearings, that would allay some of your concerns. Would that be fair?

Richard Miller: Yes, it probably would. We would obviously need to see the detail, but the main concern is to ensure that all those issues properly are taken into account.

[Matt Warman (Boston and Skegness) (Con)]

Q I used to write about technology and in 2010 I covered the launch of FaceTime. I wonder whether the panel collectively agree that commercial products such as that have fundamentally changed the way that almost the entire public engage with this kind of video communication. Sitting here trying to put my old journalistic hat on, we are talking about technology based on a report from 2010, but it seems fundamentally a different world. I suspect that Richard Susskind might agree, but I wonder whether Penelope Gibbs or Richard Miller could try to convince me that the technology of 2010 is even relevant in 2017.

Richard Miller: I want to pose a challenge in response to that: how far has the technology actually available in the courts moved on from 2010 technology? The real issue is whether the courts actually have this up-to-date technology which, as you say, is leaps and bounds ahead of what was going on in 2010.

Prisons and Courts Bill (Third sitting)

Michael Tomlinson Excerpts

Committee Debate: 3rd Sitting: House of Commons
Wednesday 29th March 2017 Public Bill Committees

[Conor McGinn]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I beg to move amendment 3, in clause 1, page 1, line 14, at end insert—

“(da) ensure family and other supportive relationships are maintained and developed.”

This amendment includes maintenance of family relationships in the purpose of prisons.

It is a great pleasure to serve under your chairmanship, Mr Brady. I am grateful to the hon. Member for Stretford and Urmston (Kate Green) for adding her name to the amendment. On Second Reading I challenged the Minister to consider whether issues of family ties and strong personal relationships should be in the Bill. That is why I have tabled the amendment.

As the hon. Member for Stretford and Urmston said on Second Reading, there was a huge amount of cross-party consensus on the importance that family plays in prisoners’ lives. I do not know whether you have had a chance to look at each and every word of that debate, Mr Brady, but the words “family” and “families” appear 80 times—more than the word “rehabilitation” and almost as often as the word “reform”. That indicates how important all parties consider the role that families should play in prisoners’ lives. There is a strong connection between all three: rehabilitation, reform and maintaining family links.

The hon. Member for St Helens North mentioned research showing the just under 40% rehabilitation rate. That is absolutely right, and it is from the Ministry of Justice’s own research that was commissioned in 2008. A very simple question was asked of a sample of just under 5,000 prisoners: did you receive a prison visit from family members? Of those who indicated yes, there was a 39% lower chance of their reoffending than those who had not received a prison visit. That is compelling evidence of the importance of maintaining close family ties.

Hon. Members who attended the Second Reading debate will remember the hon. Member for Bridgend (Mrs Moon) describing the work at Parc prison, also mentioned by the hon. Member for St Helens North. We heard of the life-changing outcomes of the work at HMP Parc, which is being adopted across the world. We want all of our prisons to carry out the work that is done so well in that prison, but family work has been frustratingly elusive to date. I say “frustratingly” because, of course, the issue was pointed out by Lord Woolf when he conducted his inquiry over 25 years ago; the importance of maintaining close family ties was one of his report’s 12 recommendations.

Having visited HMP Wandsworth and HMP Coldingley, I am conscious of the impact that reform prisons can play generally and in relation to family work. One of the first fruits of that devolution is that governors will have control over their own family service budgets. I welcome the clear intent from the Ministry of Justice to prioritise family relationships. I also welcome the appointment of Lord Farmer to draw up a much-anticipated report on the importance of family work. I believe that would be greatly strengthened if the Minister considered including that aspect in the Bill.

The Minister mentioned prison rules. Rule 4 already mentions families, so I ask him to consider that there is still inconsistent application of those rules, hence the variance across our prison estate. I would welcome his comments on that. Where respect for prisoners’ family ties permeates a prison, that can be instrumental in both prisoner reform and prison safety, which many hon. Members have mentioned. I ask him to consider including this matter in the Bill, but I stress that this is a probing amendment.

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[Mr Gyimah]

I want to make a couple of brief points. I acknowledge what the shadow Minister said about prisoners sometimes being located a long way away from their families. One of the facts about prison life is that prisoners often have to be moved. Sometimes prisoners want to be moved of their own volition, for example if they get into debt in prison or they are being bullied, and sometimes they do things that require them to be moved. At other times, for example if there is a major disturbance in a prison, it makes sense to disperse prisoners to deal with it. When that happens, we have the assisted visits scheme for those families who need help.

As we embark on reorganising the prison estate, we will be designing flexible facilities so that families can visit more easily, and the prisoner’s journey throughout their sentence will be organised in such a way that prisoners spend as much time as possible close to where their families are. That said, that is not always possible because prison life is incredibly complex. However, I take on board the points made by the shadow Minister.

[Michael Tomlinson]

I have listened carefully to the Minister and am grateful for his considered response to my amendment. All I ask is that when Lord Farmer’s report is widely disseminated, he does not close his mind to the possibility of the amendment’s wording being in the Bill. Obviously that will depend on timing. At present I am content not to press the amendment. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I beg to move amendment 4, in clause 1, page 1, line 14, at end insert—

‘(e) provide for the wellbeing and healthcare of offenders, including treatment for drug and alcohol misuse and assuring access to continued relevant support upon release.

(f) liaise with the Probation and other relevant services to ensure coordinated rehabilitation of offenders.’.

This amendment ensures that it is within the purpose of a prison to ensure offenders receive the appropriate physical and mental healthcare, as well as necessary rehabilitative support upon release.

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[Yasmin Qureshi]

I beg to move amendment 13, in clause 1, page 1, line 14, at end insert—

‘1A Cooperation with agencies

(1) The Secretary of State has a duty to co-operate with other agencies and bodies whose functions are relevant to the purpose outlined in section (A1).

(2) For the purposes of subsection (1), agencies and bodies must include—

(a) local authorities,

(b) the National Probation Service,

(c) Community Rehabilitation Companies, and

(d) any agency which provides to offenders the following—

(i) housing,

(ii) education,

(iii) employment,

(iv) health care,

(v) treatment for addiction,

(vi) mentoring for offenders, or

(vii) support to families of offenders.’

This amendment requires the Secretary of State to co-operate with other agencies to fulfil the purpose of prisons.

It is vital that agencies work together to provide the best context in which to avoid reoffending. Many of the solutions to offending lie outside prison walls, in education and training, health and social care, accommodation and family support. A duty to co-operate introduced under amendment 13 would establish clearly in statute the vital importance of agencies working together to achieve the purposes of prison, and bind them to it.

The newly formed community rehabilitation companies are responsible for “through the gate” provision, but a recent joint inspection by Her Majesty’s inspectorates of probation and of prisons into the through-the-gate resettlement services found that the CRCs

“are not sufficiently incentivised under their contract arrangements to give priority to this work. Payment is triggered by task completion rather than anything more meaningful. Additional financial rewards are far off and dependent on reoffending rates that are not altogether within the CRC’s gift. CRC total workloads (and therefore income) are less than anticipated when contracts were signed. As CRCs continue to develop and adjust their operating models accordingly, CRCs are hard-pressed and are generally giving priority to work that is rewarded with more immediate and more substantial payment.”

Most concerning, the report also found:

“Too many prisoners reached their release date without their immediate resettlement needs having been met, or even recognised.”

The problems associated with CRCs are only exacerbated by the lack of co-ordination between relevant agencies. For example, housing is a crucial issue, with up to two thirds of prisoners requiring support to find housing once released. However, the inspectorates’ report found that prisoners did not know who would help them, what that help would consist of and when they would know what had been done. Many applications for housing made by those responsible were standard applications to local authorities.

At a recent meeting of the all-party parliamentary group for ending homelessness, however, when we were considering prison leavers, all the witnesses agreed that local authorities regard housing former inmates as a low priority. Furthermore, the APPG found:

“Local authorities do not record people who become homeless immediately after leaving prison and we do not know the scale of prison leavers who are hidden homeless.”

The Bill should attempt to overcome such lacuna by mandating closer co-operation between all relevant agencies.

On mental health, it is crucial to consider the effect of leaving prison on former inmates. A report published in 2013 found that

“those leaving prison are almost seven times more likely to commit suicide than the rest of the population”.

[Michael Tomlinson]

The hon. Lady mentioned the APPG for ending homelessness. Has she had a chance to consider the Homelessness Reduction Bill, on the Bill Committee for which I had the privilege to serve? It was a private Member’s Bill, and I believe that it has just completed its passage through the Lords as recently as last week.

[Yasmin Qureshi]

Any additional legislative reform is welcome, but problems still exist, which I am speaking to. In April 2016, the Centre for Mental Health published a report, “Mental health and criminal justice”, which called for a new concordat between different Government agencies, so that they can join together better to help people leaving prison.

--- Later in debate ---

[Yasmin Qureshi]

I beg to move amendment 14, in clause 1, page 2, line 7, at end insert—

“(2A) The Secretary of State must by regulation set minimum standards required to achieve the purpose as detailed in section (A1).

( ) Minimum standards in subsection (3) set under these regulations must in particular include, but shall not be restricted to, the following—

(a) overcrowding of prison cells,

(b) prison staff to prisoner ratio,

(c) access to appropriate and education,

(d) access to health care,

(e) access to time in open air,

(f) weekly time spent in locations other than cells, and

(g) Equality Act 2010 requirements.”

This amendment requires the Secretary of State to set minimum standards to achieve the purposes of prisons.

The Bill should require minimum standards in relation to the purposes of maintaining safety and decency. According to Silvia Casale’s 1984 publication “Minimum standards for prison establishments: a NACRO report”, the setting of those standards by the Secretary of State should establish

“certain basic conditions of life to which any human being is entitled as of right as bare minima while taking into account that a prisoner has forfeited for a period the right to liberty and that the punishment consists in, and is defined as, that deprivation”.

The two areas of major concern to us are overcrowding and understaffing. At the end of February 2017, 77 of the 116 prisons in England and Wales were overcrowded. Overcrowded prisons currently hold 9,676 more people than they were designed for. People have to double up in cells to accommodate the additional numbers, and that means that almost 20,000 people—nearly one quarter of the prison population—still share cells that are designed for fewer occupants, often eating their meals in the same space as the toilet they share. The prison system as a whole has been overcrowded every year since 1994. That is largely driven by a rising prison population, which has nearly doubled in the past two decades.

It is also concerning to note that in February the Ministry of Justice stopped the publication of the monthly overcrowding figures; for many years it has published monthly figures on individual prisons’ populations. The term “overcrowding” has already been rebranded as “crowding” by the Ministry, and now that vital indicator has been downgraded to an annual publication. The Government’s White Paper on prison safety and reform outlines the ambition for a “less crowded” estate, but contains little by way of concrete proposals to achieve that aim. Giving evidence to the Justice Committee, the chief executive of the National Offender Management Service, Michael Spurr, said that overcrowding would not be resolved in this or the next Parliament.

Analysis conducted by the Prison Reform Trust shows a correlation between levels of overcrowding and prison performance. In the past three years the proportion of prisons rated “of concern” or “of serious concern” by the Prison Service has doubled—the number now stands at 31 establishments. The number of prisons rated “exceptional” has actually plummeted from 43 in 2011-12 to just eight in 2015-16. Overcrowding can affect the performance of prisons in a number of ways, and it can impact on whether activities, staff and other resources are available to reduce the risk of reoffending. Inspections regularly find a third or more of prisoners unoccupied during the working day because prisons hold more people than they should. Overcrowding makes it more likely that basic human needs will be neglected, with key parts of prisons such as showers, kitchens, healthcare centres and gyms facing higher demand than they were designed for.

Overcrowding also has a significant impact on where prisoners are held and their ability to progress in their sentences. Every day, prisoners are bussed around the country to more remote locations just to make sure that every last bed space is filled. Prisoners progressing well are suddenly told that they have to move on, regardless of their sentence plan or where their family and loved ones live. Overcrowding is not just a case of two people being forced to share a space and toilet facilities designed for one; it also affects whether a prison has the appropriate activities, staff numbers and other resources necessary for the size of its population and to reduce the risk of reoffending.

The Government need to deliver a comprehensive strategy on prison reform to reduce overcrowding and the pressures on the system. The amendment would require the Secretary of State to develop one, and to outline the progress in meeting it. If the Secretary of State does not do that, there is little hope of prisons meeting the statutory aims outlined in the Bill. One of our top priorities is that we believe it is absolutely necessary to establish an appropriate ratio of prison officers to inmates.

[Michael Tomlinson]

Has the hon. Lady had the chance to consider the evidence of Martin Lomas, who was specifically asked about that yesterday? He said that a ratio would be “a crude measure” and that instead it is the quality that matters. Has she had a chance to reflect on that evidence?

[Yasmin Qureshi]

I sat through the sitting yesterday and heard what he said. With respect to him, I think that is quite a simplistic approach. Of course we recognise the fact that different categories of prisons might require different ratios, but that does not mean we cannot aim for one. Let us face it, it is common sense that if there is one prison officer looking after 12 prisoners, that is not right. Trying to work out a ratio is, in fact, very important.

Prisons and Courts Bill (Fourth sitting)

Michael Tomlinson Excerpts

Committee Debate: 4th Sitting: House of Commons
Wednesday 29th March 2017 Public Bill Committees

[Mr Gyimah]

Having listened to the shadow Minister, I believe that amendment 23 is a probing amendment, so I will give assurances about the work we are doing on IPPs. In dealing with all IPPs, public protection is and will always be of paramount concern to us. I recognise, of course, the concerns about prisoners serving IPP sentences. We are taking considerable steps to address those concerns and continue to explore what further improvements could be made to the process.

The amendment would require the Secretary of State to prepare and lay before Parliament a report describing progress made on recommendations from the chair of the Parole Board concerning the treatment of prisoners serving IPP sentences. I do not believe that there is a need for such a report. We work very closely with the independent Parole Board and its partners on tackling the issues presented by IPP prisoners and will of course take account of any views or recommendations from its chair on further improvements that could be made. We do not believe that there should be a statutory requirement on the Secretary of State to report to Parliament in response to such recommendations.

The Government are already making significant efforts to address the issue of IPP prisoners. Our most up-to-date figures show that there were 512 first-time releases of IPP prisoners in 2015, the highest number of releases since the sentence became available in 2005. I fully expect that trend to continue. Figures on releases in 2016 will be published in April. I believe that these figures show that the efforts we are making to give IPP prisoners support, opportunities and motivation to reduce their risks and so progress through the system are bearing fruit. Those efforts, which are being taken forward by the Parole Board and, from April, the new HM Prison and Probation Service, are encapsulated in an IPP action plan. A new unit has been set up within the Ministry of Justice to improve progress in individual IPP cases. We are also working with the Parole Board to improve further the efficiency of the parole process for these prisoners.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I am very grateful to the Minister for explaining what is happening. He may recall that I have raised a constituent’s case with him. Will he continue to be alive to such cases, so that we can continue to bring those cases to him and he can continue to explain how the process will improve in the future?

[Mr Gyimah]

Yes, I am always open to representations on specific cases, although decisions are made by the independent Parole Board. Where there are challenges in the system that hon. Members become aware of, I am open to receiving representations and will look into them. Obviously, in order to speed up the process, the board has increased its capacity and is successfully tackling delays in the listing of cases. We are making sure that IPP prisoners have access to accredited offending behaviour programmes where appropriate and ensuring that such programmes can be delivered more flexibly, so that prisoners with particular complex needs, such as those with learning difficulties, can have greater access. I should mention, in particular, the progression regime at HMP Warren Hill, which has proved very successful, with 77% of IPPs who have had an oral hearing under the regime achieving release. The potential for additional places within the progression regime is currently being explored, with the aim of improving the geographical spread of places, including in the north of England.

All these measures are already having a significant beneficial impact on the IPP prison population and are facilitating the release of prisoners where the Parole Board is satisfied that their detention is no longer necessary for the protection of the public. These diverse measures, and the evidence that they are working, shown by the current highest-ever release rate, demonstrates that a report of the sort proposed by the hon. Member for Bolton South East is simply not necessary, and I therefore ask her to withdraw the amendment.