Prisons (Property) Bill

Debate between Philip Davies and Iain Stewart

Friday 14th September 2012 Commons Chamber

[Philip Davies]

My hon. Friend is absolutely right and, typically, he is on the ball when it comes to what is going on in his constituency. According to the table that I have here, there were 11 seizures of mobile phones in Woodhill. More troublingly, however, the table also shows that there were no seizures of any drugs whatever between September last year and August this year. Perhaps my hon. Friend could use his next visit to gain a better understanding from the prison governor of why that was the case? Is it perhaps being claimed that the prison is totally drug free?

[Iain Stewart]

I am grateful to my hon. Friend for that suggestion. He gives me a good reason to revisit Woodhill. I was impressed by the facility; it is a modern prison with advanced security procedures, and I am hoping that that is the reason for the low number of seizures. Perhaps the design of a prison is a factor in this regard. My hon. Friend the Member for Pudsey has visited Leeds, which is a Victorian establishment. It is possible that the geography of the prison estate has some bearing on this. The key point is that there is a mixed picture, and it has been acknowledged that a credible problem exists. It is essential that we remove the loophole.

I also want to make a few points on matters that have been raised in the debate today. In an earlier intervention on my hon. Friend, I asked about the definition that would be used when ascertaining the ownership of property. I reiterate that the Bill needs to be absolutely clear, so that we do not inadvertently create another loophole. This is a matter that can be dealt with in Committee. It would be perverse if we were to create a loophole in a Bill that has been designed to close one.

In that regard, it might be instructive to look at the situation north of the border. Quite rightly, the territorial extent of the Bill covers only England and Wales, as Scotland has a separate criminal justice system. New guidelines were published in a statutory instrument last year—the Prisons and Young Offenders Institutions (Scotland) Rules 2011. They contain an extensive description of what happens to prisoners’ property in these circumstances. Not all aspects of devolution are beneficial, but one positive one is that, when there are different models operating, we can look at the experiences of other parts of the United Kingdom and learn lessons from them.

Other hon. Members have talked about what should be done with confiscated property and how it should be disposed of. The general view was that it should be sold on, but it will be interesting to debate whether the proceeds should be used to reduce the general burden of taxation, as my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) suggested, or to provide monetary reparation to victims and their families. That debate should be held at a later stage, however.

I reiterate the point that I made to my hon. Friend the Member for Pudsey that many charities here and in developing countries can put mobile phones to constructive use. I urge the Under-Secretary of State for Justice, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright) to have a think about how we could effectively use property that is to be disposed of under the provisions.