Safety in Prisons

Rachael Maskell Excerpts

Wednesday 17th June 2015 Westminster Hall

[Mr Peter Bone (in the Chair)]

Before I call Rachael Maskell to move the motion, it might help colleagues to know that I intend to call the winding-up speeches at 10.30 am at the latest. There are three Front-Bench spokesmen.

[Rachael Maskell (York Central) (Lab/Co-op)]

I beg to move,

That this House has considered safety in prisons.

It is a pleasure to serve under your chairmanship, Mr Bone. I am grateful to have secured this important debate on the growing risks to personal safety in our prisons.

My interest in penal matters was instilled in me in early childhood by my late uncle, Professor Terence Morris. He was a great penal reformer who played an active role in the Longford committee, which advised Prime Minister Harold Wilson on penal reform. Terence Morris’s seminal work “Pentonville: a Sociological Study of an English Prison” transformed the prison service, and he was a leading member of the movement to abolish the death penalty. Beyond being an academic in criminology, to me he was my mentor, and he continued to be so until his untimely death two years ago.

I made my maiden speech on the subject of mental health, due to the rising risks in my local services. For the past five years, I have been representing people who work in our high-security psychiatric hospitals, as Unite’s head of health. I have campaigned alongside members who are challenged by the increased risks they experience due to skill-mix, the rise in pension age, cuts to staff and the threat of other changes to their terms and conditions. Therefore, I am well aware of the physical and mental dangers faced by staff working in such environments.

However, today I will focus on Her Majesty’s prisons and the risks that are increasing as the environment grows ever more dangerous. The changing demographics of our rising prison population—that is taking place against the backdrop of cuts—are escalating the challenges faced by prison officers and staff. I want us to examine why our prisons have become ever more understaffed and overcrowded, resulting in high risk and even violence to prison staff.

[Alex Cunningham (Stockton North) (Lab)]

I congratulate my hon. Friend on her election to Parliament and on securing this important first Westminster Hall debate. She will bring huge experience to Parliament on these matters.

The Government say they are providing new prison places, yet today new statistics show that there has been an increase in the number of prisoners forced to share cramped accommodation. More than a quarter of all prisoners now do so. Does my hon. Friend agree that that can lead only to greater tension in prisons and will further put safety at risk?

[Rachael Maskell]

I thank my hon. Friend for raising that important issue. Overcrowding is affecting safety in prisons, and I will set out how it is having an impact. The sharing of cells is one of the problems being faced in our prisons today.

[Kate Green (Stretford and Urmston) (Lab)]

I, too, congratulate my hon. Friend on securing this important debate. Does she agree that another issue that is increasing risk in prisons is the change to the conditions relating to earned privileges and the crackdown on release on temporary licence? Such changes make prisoners feel more stressed, which affects behaviour and risk.

[Rachael Maskell]

My hon. Friend makes an important point about the opportunities prisons have to rehabilitate people and enable them to reform their lives. I will pick it up later in the debate.

[Mr Jim Cunningham (Coventry South) (Lab)]

I congratulate my hon. Friend on being elected to Parliament and on securing the debate. In 2013, £45 million was spent on redundancy packages, and the staffing of the service is now dangerously low, to say the least. Will she comment on that problem?

[Rachael Maskell]

I thank my hon. Friend for making that important point. The reduction in prison officer numbers is having a serious impact on safety in prisons. Again, I will return to the subject, because it has greatly contributed to making prisons so unsafe today.

I want us to consider why Labour’s 1997 ambition to be tough not just on crime, but on the causes of crime, is rapidly fading in the ideological drive to cut public services. Urgent investment and resolution are required to bring an end to those unnecessary trends.

Our prison infrastructure, as is the case in all public services, has shifted towards the private sector, which has resulted in a landscape through which to steer change that is fragmented and which forever draws resource from the service into the market. That has particularly failed where private companies have bid for and won loss-leading contracts, resulting in severe cuts to staffing. The Sodexo contract with Her Majesty’s prison Northumberland is one such example, where a staggering 50% cut to staffing has had profound effect. Since 2010, 18 prisons have closed—many of them smaller prisons and some high-performing centres, despite the evidence that demonstrates that smaller prisons correlate to safer environments. New prisons have been built. A Titan prison is being built in Wrexham, which is to house 2,000 prisoners, despite the research on the effect of the size of prisons on safety.

Putting that evidence aside, the issue of overcrowding across the prison estate is now at crisis point and we must seek urgent redress. It is reported that 80 out of 118 prisons are now categorised as overcrowded. For example, Wandsworth prison was running at 177% capacity in 2014—nearly double what it was designed for. Other full prisons are being ordered to make emergency space available for prisoners. Therefore, as my hon. Friend the Member for Stockton North (Alex Cunningham) said, prisoners are doubling up in cells designed for one person. In some cases, three prisoners are sharing one cell.

There are 20,672 prisoners—more than a quarter of the prison population—living in overcrowded accommodation, and the number is increasing. That is clearly putting a serious strain on our prison infrastructure and facilities. Only half of prisons inspected are achieving “reasonably good” or “good” standards.

[Steve Rotheram (Liverpool, Walton) (Lab)]

I also congratulate my hon. Friend on securing this important debate. As she knows, I have two prisons—a privately-run prison and what we still call a Government-run prison—in my constituency. She may be aware of the death of a prisoner in custody at Altcourse prison. Does she agree that serious incidents involving staff or inmates should be reported to the local MP, so he or she can assure their constituents on the safety of the prisons and address any issues surrounding serious incidents in prisons in their area?

[Rachael Maskell]

I thank my hon. Friend for raising that tragic situation. Of course reports should come to Members of Parliament, because it is important that we scrutinise the environment we are responsible for overseeing in our communities. We are able to raise such important matters and drill down to find out why such incidents are occurring in our prisons and get some real answers. He therefore makes an important point.

With the overcrowding of our prisons, violent tendencies are being exacerbated. Overcrowding is now cited as one of the major risk factors for prison staff and prisoners. The toxic mix of overcrowding and financial and staff cuts is causing the penal system to fail those who are incarcerated, and it also has a longer-term impact on the public and wider society.

Over the past two decades, the prison population has nearly doubled to 84,485. The number of women in prison has also doubled. Since 2010, staffing has been cut by 28%—a staggering loss of 12,530 personnel—and over the past three years resources have been cut by £263 million. The impact of the cuts has been observed not only by Her Majesty’s Opposition, but by the chief inspector of prisons, Nick Hardwick, who considered it extremely serious and concerning. He said that the system is not coping, and warned that, because of staff shortages, men are locked up together for 23 hours a day, causing huge tensions.

Nick Hardwick also highlighted that extra resources were needed or the prison population would have to be reduced. He said that

“this is a political and policy failure. This isn’t the fault of... staff… the demands on the system have… completely outstripped the resources available to… them.”

The annual report of the chief inspector of prisons at the end of last year highlighted the significant decline in safety and the enduring impact of time spent in custody. The average sentence has risen to 15.5 months or, for those on mandatory life sentences, up to 17 years. Punitive incarceration, which is all that can be achieved through long periods of detention without opportunity for rehabilitation, restoration and the development of skills, worth and value, does not break the crime cycle. That is evidenced by the extremely high, although now fairly static, reoffending rates, which put the public at further risk.

The previous Government had to take a U-turn on banning guitars in prison, and on banning other basic functions, such as being able to take a shower or make phone calls. Banning those provisions dehumanises prisoners, which has consequences. Minimal time out of a cell does not provide a prisoner with sufficient release but instead contributes to the escalation of risk, whether violent or otherwise. Physical, sexual and verbal assault rates remain unacceptably high and the number of violent incidents in prisons has increased. The number of serious assaults last year rose by a third.

The national tactical response group, which deals with serious incidents and riots in prisons, has seen an 89% increase in demand since 2010, with 223 calls in 2014 compared with 129 two years earlier. Only this week, we witnessed a riot involving 60 prisoners at Her Majesty’s prison Stocken. An officer was stabbed and hospitalised. The Prison Officers Association states that prisons throughout the land are on the brink of such incidents due to the dangerous staffing levels and the challenges caused by overcrowding. Substance abuse, the sharp rise in the availability of legal highs and alcohol abuse are challenging safety in prisons, and are now at serious levels in a third of prisons, with a marked prevalence found particularly among women prisoners, leading to negative behaviours and creating risks.

To dwell a little more on staffing numbers, they have fallen dramatically despite the number of those held in custody rising. That has not only put a tremendous strain on remaining staff, but led to an unsafe skills mix. Staff without sufficient competencies are now being required to take on responsibilities beyond their scope. That is not only a failure of the duty of care that prison management have to their staff, but it impacts on safety standards and increases the risk to staff.

The lack of staffing and changes in skills mix has a direct correlation with the number of violent incidents in our prisons. From 2013 to 2014, assaults between prisoners rose by some 14% and have reached the highest level ever recorded. Serious assaults on inmates have risen dramatically by 38%. In 2013, there were 11,397 assaults on prisoners; in 2014, there were 16,196. Serious assaults rose from 1,588 in 2013 to 2,145 in 2014—an increase of a third.

Four homicides took place in prison in 2013. Some 41% of prisoners now feel unsafe in their environment. Incidents against staff rose by a third—including the highest ever level of serious assault—and staff now have an unacceptable level of sickness, averaging 10.8 days compared with the national average of 4.4 days. These are not statistics, but lives being put in danger. Prisoners are being put at risk, as are staff who are going to work and carrying out their duties day by day. We must never forget that.

The number of prisoners at risk of suicide and self-harm is at an alarming high. Over the past year, the suicide rate has risen by 69%. Eight of those suicides were carried out by prisoners placed in segregation, four of whom were known to be at risk. The rate has risen significantly for the first time in five years. The proportion of prisoners at risk of suicide—21% of men and 46% of women—is substantially higher than the rest of the population, in which 6% are at risk. A staggering 23,478 prisoners self-harmed last year. The time officers can invest in building relationships has depleted; there is no time to sit down to have a conversation and a cup of tea, and to talk through the stresses and strains on prisoners. Instead, prisoners are turning on themselves in desperation.

Our youth justice system also faces challenge. Because of the shortage of appropriate placements, young offenders are often placed in those dangerous environments.

[Steve Rotheram]

Before my hon. Friend moves off the point, and as there is a Minister here, the Government know the statistics that she is quoting. The Government have to provide a safe working environment for staff. Does she believe that they are failing in their duty of care?

[Rachael Maskell]

Clearly, staff working in prisons—officers and other staff—are being failed. It is not acceptable that people are put at risk day by day when they turn up in their duty to serve. Therefore, I call for urgent attention to the issue and for a resolution. It is not acceptable just to read and listen to statistics. We have to take action.

With the right facilities, staffing levels, support and approach, much of the problems can be avoided. The impact of cuts to our public services has led to this perfect storm, failing people who then end up in a life of crime. We have no less than a moral duty to properly resource our services now to ensure that the prison populations fall in the future. Societal and Government failure has led to too many challenged individuals ending up in a life of crime.

Let us look at who the people behind the bars are—we have to look at what is happening in wider society to understand why people are ending up in prisons. Some 39% of the prison population experienced neglect or abuse as a child. Three quarters had an absent father; a third had an absent mother. A third of looked-after boys and nearly two thirds of looked-after girls end up in crime, which I hope is addressed in the Education and Adoption Bill.

Half of women prisoners have experienced domestic violence and a third have experienced sexual abuse. Some 66% of female prisoners and 38% of male prisoners committed offences to buy drugs. Half of all violent crimes are committed under the influence of alcohol. Some 49% of prisoners have anxiety and depression, and 25% of women prisoners suffer from psychosis. Some 20% to 30% of prisoners have learning difficulties and 47% have no qualifications, which emphasises society’s failure—Government’s failure—in providing steps and measures early on, and making interventions that can turn around the life course of those individuals. Those people should not be in our prisons and we have serious questions to ask.

It is a shameful story that the state has not intervened and given those people the hope and the opportunity that many of us have had. The fate of ending up in prison must be addressed. Not providing the right support at the right time is a crime of the state, which is why today’s debate is crucial. If we do not change the course of those people’s lives across the country, the prison population can only rise.

Will the Government stop and appraise the next wave of £30 billion of cuts and address the root causes of why our prisons have become overcrowded and unsafe? I challenge the Minister to resolve the reoffending rates. Such a punitive penal system as we have now, ever stripped of rehabilitation and resettlement opportunities, results in increased uncertainty and diminished hope for prisoners, and in a reoffending rate as high as 45.2% within a year and, for children, 68.2%.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Lady on securing the debate. She has touched for the second time on reoffending rates. Does she agree that addressing high reoffending rates—the reason that many of the profound problems that she has outlined continue to prevail in our prisons—is a fundamental part of what the Government need to do?

[Rachael Maskell]

I thank the hon. Gentleman for making an important point. There is a revolving door, with people leaving prison without support and rehabilitation and ending up back in the criminal justice system. That is a failure of our finances and of our investment in the lives of those individuals, who are then marked, with a life of crime ahead of them.

Picking up on that point, too many people are leaving prison without having the support they need, whether incarcerated or on leaving prison. Some 50,000 prisoners who were released last year did not get any support and post-release supervision. I heard from a woman in my constituency who left prison with no discharge support and ended up on the streets, exposed to exactly the same risks that she was exposed to before being placed in jail. She was fortunate to be picked up by the voluntary sector, which was able to address some of those issues. However, the voluntary sector is seriously under-resourced and it could make only a little step towards making her life a little different.

[Alex Cunningham]

The previous Justice Secretary talked about a rehabilitation revolution, but does my hon. Friend agree that some basic things need to happen for that to take place? If people are to be prepared for a better life outside prison, they need education, including basic literacy and numeracy, and, of course, supported training.

[Rachael Maskell]

We are not seeing any revolution in rehabilitation. Prisoners are locked up in their cells for 23 hours a day, unable to have chances in life and without the investment they need. The reduction in prison officer numbers is such that prisoners have no alternative opportunities until they reach the prison door and then, of course, people return to the life they knew before, without the turnaround that they desperately need, or the support, that would change the course of their life. We need to address not just that revolving door, but overcrowding, because the reality is that, as people return to the penal system, we are building on the overcrowding crisis.

We must also look at our probation service, which has also experienced severe cuts as it has been taken on its own journey around privatisation and out into the market, meaning that it is not able to integrate fully with the rest of the criminal justice system. We have to ask serious questions about that.

[Jenny Chapman (Darlington) (Lab)]

I congratulate my hon. Friend on securing this important debate. The probation service is not just fractured from the rest of the criminal justice system; it is fractured within itself due to an unnecessary, pointless, destructive and quite dangerous separation.

[Rachael Maskell]

I was talking yesterday to Napo, the trade union representing probation officers, about further cuts that are going to be made to the service at a time when, including in this debate, we are hearing that we need investment rather than cuts, without which we will not be able to break the cycle. This reorganisation of the probation service is yet another that has no purpose or point in respect of feeding into the bigger picture.

[David Simpson (Upper Bann) (DUP)]

Although we understand that there is overcrowding in our prisons, does the hon. Lady not agree that a lot of the responsibility for running prisons has to be at the top, from the governor and management down? She mentioned some investment in a number of prisons. In Northern Ireland it is perhaps slightly different; it is political. For example, some £10 million has been spent on Maghaberry prison in the past four years, because prisoners have damaged it and some infrastructure work has been done. Surely it starts with the management of the prison as well.

[Rachael Maskell]

This is about not just management, but providing leadership throughout the Prison Service. The Government have an important role to play, as do leaders in prisons, whether directors or governors. There is such churn in the number of governors that they are in post for only about three and a half years before moving on, so they do not build relationships with the organisations they have responsibility for, which has a serious impact on providing leadership for the organisation to follow.

Another big question is why so many people end up in our prisons in the first place. We know that the number of community orders has fallen, despite their effectiveness, and that many people are held in prison while awaiting trial, with 27% not returning to prison afterwards, having been given other sentences.

I challenge our incarceration of so many people who are experiencing mental health challenges or addiction and substance abuse. I question whether it is right for people struggling with health issues to be locked up for 23 hours a day and whether, if that is not the right environment for them, we cannot find alternatives that will really help to address their health issues and issues around reoffending.

There is a clear correlation between safe staffing levels and safety in prisons. That is most evident in the 28% cut in the number of prison staff. The ratio of prisoners to prison officers is 1:4.8, whereas in 2000 it was 1:2.9. Prison officers are carrying so much more responsibility. Therefore, the effectiveness of their interventions is diluted.

Staff are enduring an unacceptable number of assaults, although I must say that all assaults are unacceptable. In 2014, prison staff experienced 3,637 assaults, 477 of which were serious—an increase of a third—and 10,000 working days were lost due to absence, mainly for physical reasons, but also increasingly because of work-related stress. Is it not the worst environment imaginable to fear for your life every day at work? Those 10,000 days lost could be dealt with by increasing the number of prison officers, making the workplace safer, but we also need to think of the real cost of that situation.

Of course, staff have been challenged by the higher levels of violence in their workplace and prison officers have to face risks that few in our population can even begin to understand. The prison population is becoming more violent and dangerous. Violent incidents have risen from 32 to 42 a day, eight of which are to members of staff. In 2012, there were 213 hospital attendances by officers, compared with 170 in just the first two quarters of 2013. These officers are experiencing injuries so serious that they have to be taken into the care of our emergency services.

[David Simpson]

The hon. Lady mentions the commitment and sacrifice of prison officers. I would like to put on record the assassination of Prison Officer David Black, in my constituency, on the road to Maghaberry prison, by republicans. Some 31 prison officers have been murdered over the past number of years. They have made the supreme sacrifice.

[Rachael Maskell]

I thank the hon. Gentleman for drawing attention to that tragic situation, where the lives of prison officers are being put at such high risk that many do not return to their families at the end of their working day. That is unacceptable. Early intervention to ensure that people have safe passage to and from work, as well as at work, is crucial for our public servants.

We know that the reward is not great for our prison staff. They are stretched regarding cover and there is work intensification, and they are challenged when dealing with the emotional demands of the work, because they are not able to fulfil their ambitions for those they serve, such are the pressures put on them.

We also hear from the Prison Officers Association that there is a lack of support from management. There are high levels of bullying in an already tense and violent environment. We have seen cuts to pay in real-terms, cuts to pensions and a real fall in morale. The report into health and safety shows that 30% of officers have been physically assaulted in the past four years. Many more experience psychological distress or emotional exhaustion. We know that there are real challenges with recruitment and the retention levels of prison staff. Given the environment I have described, we can see how that can come about. Prison governors are not in one place for long enough. They are moved on before they can provide the stability that staff need and build the relationships of trust necessary to provide that prison with a vision, a sense of purpose and direction.

The Labour party is calling for some clear measures to be taken. Starting with leadership, we need governors to be established in prisons for longer to bring stability and the leadership necessary to ensure that reforms can take place to make prisons safer. We believe that that should be accompanied by better governance by prison boards, rooting jails in their local communities with representatives from councils, charities, the probation service, the police and other organisations. That would provide the opportunity to build the bridge back into community living, which is so important for the future lives of prisoners.

We need to refresh Her Majesty’s inspectorate of prisons, so that inspectors are truly independent of political interference and so that they publish their action plans and demands for the resourcing necessary. We need to see those plans supported so that actions follow. That way, we will not just have action plans, but results coming to fruition from them, and we will be able to scrutinise the process behind that. Above all, by breaking the cycle of crime we can ensure that prisons stop fuelling crime. That will be achieved only by properly resourcing early intervention measures to prevent people from falling into crime in the first place. For those who do fall through the net, we need evidence-based rehabilitation programmes that focus on developing education, training and skills, on improving health, wellbeing and self-worth and on re-orienting prisoners to life after prison, where they will not be exposed to the same risks they faced before their convictions. That will only be achieved by giving prisons the best facilities and adequate staffing levels to facilitate such transformation. Such a programme will secure staff and prisoner safety and cut spending on the prison service in the longer term.

To conclude, we come into politics not just to talk about issues or ideas, but to exercise every moment to bring transformative change to the lives of the people we are sent here to represent. Our prisons are in a very dangerous situation. Is the Minister willing to challenge the system and ensure that the service is made safe and effective? I thank you, Mr Bone, for allowing me this time today.

[Several hon. Members]

rose—

--- Later in debate ---

[Rachael Maskell]

I thank all hon. Members for their contributions. They have raised many of the challenges facing our penal system.

As we have heard, there are unacceptable levels of reoffending, but we have not had real answers on how we are going to turn the figures around—they have been static, but they are not coming down. We have heard many shocking statistics about the violence and abuse in our prisons, but I have not heard how we are going to address that.

We have heard evidence of how overcrowding, mixed with understaffing, is the real issue facing our prisons. I am sure no prison officers will take comfort from the Minister’s response, because they will still be at risk when they turn up for work today, tomorrow and the next day. That is the subject of the debate, and I am saddened that we have not progressed the issue.

It is vital that we get the response we need, which is about stable staffing and ensuring staff are safe. It is also about making sure our communities are safe—

Motion lapsed (Standing Order No. 10(6)).