Oral Answers to Questions

Debate between Philip Hollobone and Sam Gyimah

Tuesday 25th April 2017 Commons Chamber

[Mr Gyimah]

The hon. Lady makes an important point. Spice is a blight on our communities as well as in our prisons, where it fuels the disorder and violence that we see there. We take this extremely seriously and I am working with my colleagues in the Home Office to deal with the issue not only in the custodial system but in the community.

[Mr Philip Hollobone (Kettering) (Con)]

Banning psychoactive substances is one thing, but physically keeping them out of our prisons is quite another. Will the Minister tell the House what active measures he is taking to prevent these substances from getting inside our jails?

[Mr Gyimah]

My hon. Friend is right. We are determined to keep these drugs out of our jails, and that is why we have trained 300 dogs to detect them. We have also introduced a new drug test for psychoactive substances, and the UK is the first jurisdiction in the world to do that. The testing has been rolled out, although we cannot comment on its impact because it started only last year. However, we know from the evidence that drug testing has a deterrent effect on use and possession.

--- Later in debate ---

[Mr Philip Hollobone (Kettering) (Con)]

How many foreign nationals do we have in our prisons, and what steps are being taken to send them back to prison in their own country, at the expense of their own Governments?

[Mr Gyimah]

We are taking active steps to ensure that every foreign national who should be deported from our prisons is deported. Since 2010, 33,000 foreign nationals have been deported from our prisons. In 2016-17, a record 5,810 were deported, and I am sure that that progress will continue.

Prison Officers Association: Withdrawal from Voluntary Tasks

Debate between Philip Hollobone and Sam Gyimah

Tuesday 28th February 2017 Commons Chamber

[Mr Gyimah]

The precipitous action, if I understand the hon. Gentleman correctly, is unlawful strike action, which will do nothing to make our prisons safe.

[Mr Philip Hollobone (Kettering) (Con)]

It would be easier to manage the 85,000 prisoners in our jails if we did not have to incarcerate 10,000 foreign nationals who should be in prison in their own country. This week Jamaica rejected the Government’s offer of returning its foreign nationals. What steps are the Government taking to get these people back to secure detention in their own countries?

[Mr Gyimah]

Since 2010 we have deported 33,000 prisoners —5,810 in 2015-16 alone—to their home country. There is a lot more work that we can do, and I am engaging directly with the Governments of the top 10 countries from which foreign national prisoners come in order to speed up the process.

Oral Answers to Questions

Debate between Philip Hollobone and Sam Gyimah

Tuesday 24th January 2017 Commons Chamber

[Mr Philip Hollobone (Kettering) (Con)]

15. How many foreign national offenders are in prison; and what steps she is taking to return those people to prison in their own countries.

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

As of 30 September 2016 there were 6,688 foreign national offenders serving a custodial sentence in our prisons. A further 2,374 foreign nationals are being held in prison on remand or in immigration detention centres. We are committed to increasing the number of foreign national offenders removed from our prisons, whether they are removed under the prisoner transfer agreement or the early removal scheme. In 2015-16, 5,810 FNOs were removed from prisons and immigration removal centres; that is the highest number since records began, and since 2010 33,000 have been removed.

[Mr Hollobone]

Poland has one of the biggest national groups of foreign national offenders in our prisons. Poland’s derogation from the compulsory EU prisoner transfer directive was due to expire in December 2016. Are we now in a position to send these Polish prisoners back to prison in their own country?

[Mr Gyimah]

All eligible Polish nationals have been identified and deportation orders sought. We have referred cases to the Polish courts, and transfers will take place once Polish legal procedures have been completed.

Oral Answers to Questions

Debate between Philip Hollobone and Sam Gyimah

Tuesday 6th December 2016 Commons Chamber

[Mr Gyimah]

The hon. Gentleman asks a very important question. At the moment, roughly 50% of prisoners are illiterate as far as English and maths are concerned. Our prison safety and reform White Paper proposes that we test prisoners’ literacy on entry and on exit so that we can measure the distance travelled and progress made in prison.

[Mr Philip Hollobone (Kettering) (Con)]

Which prison has the best record for training prisoners for gainful employment once they leave, and how might that best practice be rolled out across the prison estate?

[Mr Gyimah]

My hon. Friend asks a very important question. Across the Prison Service there are patches of good work aimed at employment post-release. We want to create a system to measure that, and to identify and rank prisons according to how well they do in that respect. That is precisely what our White Paper does. Employment post-release is one of the outcome measures against which governors will be judged once we proceed with reform.

Foreign National Offenders

Debate between Philip Hollobone and Sam Gyimah

Tuesday 29th November 2016 Westminster Hall

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

I begin by thanking my hon. Friend the Member for Kettering (Mr Hollobone) for securing this afternoon’s debate. I know he has raised the issue before. The debate has raised a number of issues that I will try to tackle in turn. I welcome an opportunity to highlight the Government’s approach and the progress we are making.

Let me say at the outset that the House should be in no doubt that the Government are absolutely committed to increasing the number of foreign national offenders removed from our prisons. Any foreign national who comes to our country and abuses our hospitality by breaking the law should be in no doubt of our determination to deport them. Increasing removals is one of our top priorities. When I was appointed, the Prime Minister certainly made it clear to me that it was a key priority for the Department. All FNOs sentenced to custody are referred to the Home Office at the earliest opportunity to be considered for deportation.

My hon. Friend asked for an update on the numbers. Overall, since 2010 we have removed more than 33,000 foreign offenders from prisons, immigration removal centres and the community. In 2015-16, we removed 5,810 FNOs, which was the highest number since records began. That represents good progress, but there is certainly a lot more that can be done, and I am ambitious to do more. My hon. Friend asked for clarification. FNOs make up 12% of the overall prison population, with 4,180 EU nationals in prisons and immigration removal centres. He went through a list of his top 10. Without going into too much detail, I can confirm that Poland holds the highest number of offenders. Ireland is second and Romania is third.

The primary responsibility for the removal of FNOs sits with the Home Office. It is the Home Office that can remove someone from this country. The Ministry of Justice and the National Offender Management Service support that work by setting the policy and administering the removal schemes. As I am sure everyone present will recognise, the removal of an FNO requires a co-ordinated and sustained approach across Whitehall. My hon. Friend alluded to that. My Department works closely with the Home Office, the Foreign Office and the Department for International Development. Only last week I met ministerial colleagues from those Departments to agree a programme of work to increase FNO removals.

[Mr Hollobone]

We have got oodles of time to explore the nitty-gritty of the issue. My understanding is that it is regularly on the agenda of the National Security Council. Can the Minister confirm that? Can he confirm how often the NSC meets to discuss the issue? Can he confirm that he is able to attend those meetings to press the case, given that the Prime Minister said to him that it is one of her top priorities?

[Mr Gyimah]

I can confirm that I have met the Minister for Immigration twice in the past two months. He has the levers to remove people. I met him only this week. We have widened the meeting to include Ministers from the Foreign Office and the Department for International Development. We have got an ambitious programme and clear actions to take forward. We have agreed to meet as often as possible to give the issue the ministerial attention it deserves. In addition, we are making sure that when other Government Ministers meet Ministers in countries with which we have a concern about foreign nationals, this issue is included as a top priority in their briefing pack to raise with and get feedback from Ministers of those Governments, so that we can act on that.

--- Later in debate ---

[Mr Gyimah]

I believe that is included in the process that I have outlined. In other initiatives, my Department is currently working on proposals to introduce a new fast-track appeals process that will apply to all detained foreign offenders. That process will make sure that appeals are determined as efficiently as possible, so that foreign offenders may be removed from the UK more quickly.

We have also strengthened our ability to deport foreign offenders through new powers introduced by the Immigration Act 2014, which contains a discretionary power allowing us to deport first—the FNO can appeal later. That means that foreign offenders cannot delay their removal with frivolous appeals and are instead required to appeal from abroad, but only if the Home Secretary certifies that removal pending the outcome of any appeal would not risk serious irreversible harm following their return. More than 4,100 foreign offenders have been deported under that new provision since it came into force in July 2014, with many more going through the system.

In terms of wider cross-governmental work, which I have touched on, I am determined that we make extensive use of the influence and worldwide reach of the Foreign and Commonwealth Office and the Department for International Development, which my hon. Friend the Member for Kettering so articulately focused on, so that we can bring our relationships to bear in discussions, to make sure that we fast-track the process.

[Mr Hollobone]

I want to ask the Minister two things. How many foreign national offenders have we sent back to EU countries under the EU prisoner transfer directive and how many compulsory transfer agreements do we have with other non-EU countries?

[Mr Gyimah]

If my hon. Friend bears with me, I will come to those facts in my speech. Wider cross-governmental work means that there is a focus on countries in which DFID operates and for which we hold large numbers of FNOs in our prisons, such as India, Pakistan, Nigeria and Somalia.

I am sure hon. Members will appreciate that the barriers to returning FNOs to their countries of nationality are both varied and complex. That is why the action we take must be tailored to each specific country. To that end, I am working closely with my ministerial colleagues, with work ranging from Ministers pressing the issue with foreign Governments every time they travel overseas, to supporting other countries with our aid spending in order to increase FNO removals from our prisons.

The early removal scheme is our principal mechanism for removing FNOs from our prisons, especially those on shorter sentences. Under the scheme, offenders are returned to their home countries and are barred from entering the UK, potentially for life. In 2015-16, we removed more than 2,000 prisoners via that scheme. That is around 95% of early removals from prison. It is worth highlighting that although that number of removals is very welcome, I am working with the Home Office—I see the Immigration Minister has just walked in, which shows how closely he takes an interest in this important matter—to improve the removal mechanism still further and ensure that it is working as effectively as it possibly can. We have more than 100 prisoner transfer agreements with countries and territories around the world.

[Mr Hollobone]

How many compulsory transfer agreements do we have? My understanding is that something like 95% of those removals are voluntary. In other words, they require the permission of the prisoner himself.

[Mr Gyimah]

I am about to make a point about the compulsory and voluntary nature of removals. Where an agreement is in place, prisoners can be transferred on a voluntary basis or on a compulsory basis, meaning that their consent is not required. Most of the agreements we have are necessarily voluntary—which is the point my hon. Friend touched on—due to the standard of prison conditions and the treatment of prisoners in many parts of the world.

Our approach is that we will seek to secure compulsory transfer agreements wherever possible. We have one in place with EU member states, as well as with a number of other countries, such as Albania, the home country of one of the top nationality groups in our prisons. It is worth saying that we are working closely with Albania in particular to improve our prisoner transfer agreement in order to remove more FNOs from our prisons. For that reason, the Minister for Courts and Justice, my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), recently met the Albanian Justice Minister to reinforce the importance of returning FNOs as quickly as possible. In terms of compulsory agreements, which my hon. Friend the Member for Kettering asked about, we currently have compulsory agreements in place with Somalia, Libya, Rwanda, Albania, Nigeria and the EU. That is the factual answer to his question.

The most recent published statistics, from June this year, show that we have transferred 102 prisoners back to their home countries since the EU PTA came into force. We continue to see increasing numbers of transfers as member states become more familiar with the processes. I am determined to maintain that progress and build on it. The number of transfers should of course be seen within the wider context of our work to remove FNOs. The early removal scheme is only one mechanism. It is the most successful one, and 2,000 people were transferred under that scheme last year.

We are working across Government to consider options for securing transfers of EU nationals once we leave the European Union. That is one of the key Brexit priorities for the Ministry of Justice and we have made that very clear to the Department for Exiting the EU in terms of our negotiating position. Although it would not be appropriate for me to provide a running commentary, I hope that what I have said underscores how important the issue is for the Department. I am particularly focused on returning FNOs to those member states for which we hold large numbers in our prisons, such as Poland, Romania and Lithuania in particular.

It is worth bearing in mind that there are also, of course, British nationals detained in prisons overseas—the current figure is roughly 2,046. We are thinking of savings, but in that context there would be a bit of going backwards and forwards.

The time available for today’s debate only allows for an overview of the numerous initiatives and policies under way. I am willing and available to meet with hon. Members who want to look at our processes in more detail and contribute to them. Wherever possible, we will always look to remove those who have broken our laws and will continue to work with Governments across Europe and the world to increase the number of prisoners removed. Be in no doubt that the Government are absolutely committed to reducing the number of foreign national offenders in our prisons, which is why each year we are increasing the numbers of people removed.

Question put and agreed to.

Animal Cruelty: Sentencing

Debate between Philip Hollobone and Sam Gyimah

Tuesday 8th November 2016 Westminster Hall

[Mr Philip Hollobone (in the Chair)]

Order. I want to allow Anna Turley time to sum up the debate. The Minister can take the intervention if he wants, but we are running out of time.

[Mr Gyimah]

I will bring my comments to a swift conclusion. I welcome this important debate and appreciate that there are concerns about those who carry out appalling acts of cruelty on defenceless animals. The Ministry of Justice is working with DEFRA with respect to animal cruelty offences, including animal fighting. As I have said, we will keep the maximum penalties for those offences under review. That includes monitoring sentencing trends, looking at the impact on offending behaviour in Northern Ireland and Scotland and identifying whether any evidence emerges that the courts may be finding their sentencing powers inadequate.

Finally, although I have focused on the justice issues, I understand that the hon. Member for Redcar will be meeting Lord Gardiner, the DEFRA Minister responsible for animal welfare. I hope that reinforces the fact that both the Ministry of Justice and DEFRA are addressing the issue of animal cruelty with the seriousness it deserves.

Oral Answers to Questions

Debate between Philip Hollobone and Sam Gyimah

Tuesday 1st November 2016 Commons Chamber

[Mr Gyimah]

All deaths in custody are a tragedy. They are fully investigated by the independent prisons and probation ombudsman and are subject to coroners’ inquests. As the Secretary of State pointed out, a number of women in prison have been victims of crime themselves and are incredibly vulnerable members of society. As well as modernising the women’s prison estate, we are looking into diversion tactics to ensure that those women do not end up in the criminal justice system in the first place.

[Mr Philip Hollobone (Kettering) (Con)]

Which country in the world has the fewest deaths in custody, and what lessons are we learning from that country?

[Mr Gyimah]

I am afraid I cannot name the country with the fewest deaths in custody, but what I can say is that we in this country work to create decent and humane prisons, and we are a signatory to the relevant United Nations protocols. As the Secretary of State has rightly pointed out, the rise in the number of deaths in custody is too high, and for that reason we shall shortly be publishing a safety and reform plan in our White Paper.