Prisons and Courts Bill (Third sitting)

Debate between Richard Arkless and Yasmin Qureshi

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

[Richard Arkless (Dumfries and Galloway) (SNP)]

Setting a benchmark in relation to prison cell overcrowding is an admirable objective, but will the hon. Lady be so kind as to delve into the policy aspects that would make that benchmark obtainable? We would need to create more prisons, let people out or have some kind of assumption against short sentences, which we think is a good idea.

[Yasmin Qureshi]

How many people we send to prison is clearly an issue. Many argue that there has been sentence inflation in the last number of years. There are two approaches. The Secretary of State could say that she does not want to look at prison sentencing reform in the sense of either reducing prison numbers or sentence inflation. In that case, we need to build a lot of prisons and recruit a lot of people to man them. The other option is to look again at sentences and the question of whether people who are in custody should be. As a senior judge recently said, community service orders, which could be stringent, could be made more widely available. Presumably that would require the Sentencing Council to revisit sentencing issues, which of course is one of the political issues.

It would be good if the Government thought about sentence inflation. We know from the last number of years that more offences now have longer custodial sentences than 20-odd years ago when I started work. As a result, there are more people in prison. If we want to have a policy of incarcerating people, we must ensure that there are enough prison spaces and enough people there to look after them—and to deal with the rehabilitation side, because we spend £16 billion a year on reoffending. Those issues need to be looked at, and there is nothing in the Bill to address them.

I apologise to colleagues for using statistics, because sometimes people can be blinded by them, but I use them to demonstrate a point. The fact is that there has been a large rise in assaults on prison officers and inmates since 2012. There has also been a large rise in self-harm and many incidents of people committing suicide. It is not surprising that every few weeks it seems a prison riot happens in some part of the country. I know from speaking to prison officers, the Prison Governors Association and other people about how they feel really depressed when they go to work in the morning, because they do not know what challenge there might be; who might assault them or what might happen. That must be addressed.

We are asking for the principles to be crystallised in statute. When that is done in statute, rather than put somewhere in prison policies or rules, or some manual tucked away that says, “This is the right way of doing things”, people have to be aware of it. By having that in the Bill, the measures that need to be achieved are there for everyone to look at.

Prisons and Courts Bill (Fourth sitting)

Debate between Richard Arkless and Yasmin Qureshi

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

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Clause 3 ordered to stand part of the Bill.

Clause 4

The Prisons and Probation Ombudsman

[Richard Arkless (Dumfries and Galloway) (SNP)]

I beg to move amendment 30, in clause 4, page 9, line 6, at end insert—

“(d) Investigating cases where a person is detained in immigration detention facilities for longer than 28 days.”.

This amendment includes as a function of the Prisons and Probation Ombudsman to investigate where a person has been held in immigration detention for more than 28 days.

[Richard Arkless]

I am sure it is not lost on hon. Members that it is almost exactly the hour that those awful events happened in Westminster last Wednesday. There are various memorials going on around us. I am sure all colleagues would back me in saying that we would much rather be at those memorials than here, but business goes on, life goes on, laws continue to be made and we have to continue to do our job.

The Bill applies only in part to Scotland; specifically, it applies primarily to immigration detention and its processes. Amendments 30 and 31 would ensure independent oversight of detention periods in immigration cases, and that detention happens with due regard to Home Office rules and the facts of the individual case. Amendment 30 would add to the ombudsman’s powers the function of investigating where a person is held in detention for more than 28 days. Amendment 31 would compel the ombudsman to investigate such cases where detention exceeds 28 days.

The Government know this debate well. During the passage of the Immigration Act 2016, an amendment tabled by honourable colleagues went further than the amendment I have moved today. It would have limited detention for immigration cases outright to 28 days. The Government were defeated in the Lords and the amendment attracted cross-party support in the House of Commons, but was ultimately unsuccessful. I hope that closer consideration will be given to this amendment than was given to the last.

The all-party groups on refugees and on migration have concluded very clearly that there should be a 28-day limit. People held in immigration detention have committed no crime, yet their detention is open-ended, without limit, and could last for years. In no other sphere of our jurisdiction would we allow that to happen. It simply would not happen in the rest of the prison estate—no one would be held for more than 28 days without being placed before a judge—but it happens in our immigration system. The UK is the only EU country not to have a time limit on immigration detention. The current position is inhumane, ineffective and hugely expensive. Personally, I would say that indefinite detention without trial is an affront to the rule of law, which I hold so very dear, having studied law on both sides of our border.

Let us consider some statistics. Some 7% of detained immigrants were detained for longer than six months. Only 23% of those detained leaving Dungavel in Scotland were deported, so by inference 77% were deemed safe. In that circumstance, is it proportionate to not have a 28-day limit? It is in the interests of both sides of the Committee that following detention or following anybody coming to this country to settle and make their life, integration is of paramount importance. Having this draconian measure and not having safeguards to limit the amount of time that immigrants may be detained will not get them off on the best foot in terms of integrating them into our society. That is in no one’s interests. I respectfully suggest that the Government act and impose a limit to the time that people can be detained in immigration centres.

[Yasmin Qureshi]

The Committee will be relieved to hear that I am not going to comment on amendments 30 and 31, as the hon. Gentleman has made an eloquent case for them, but I promised the hon. Member for Dwyfor Meirionnydd that I would speak to amendment 8 on her behalf.

Amendment 8 would give the ombudsman the functions of

“investigating…attempted suicides…the number and nature of assaults on staff or prisoners …the adequacy of staffing levels to prevent such behaviour…investigating the content and effectiveness of rehabilitation programmes and liaison arrangements with the probation and other relevant agencies to ensure that such rehabilitation continues after a prisoner’s release from custody.”

Those are perfectly proper things for the ombudsman to look at, so we ask the Government to consider accepting the amendment. We also support amendments 30 and 31.

--- Later in debate ---

[Richard Arkless]

I thank the Minister for those words. I will pick up on a couple of points and then make clear whether we will press the amendment to a vote. He mentioned that the amendments would compel the ombudsman to investigate 35% of more than 28,000 cases. My hope is that if there were a limit, there would not be as many cases to investigate, so I do not think he was making a fair point.

I appreciate what the Minister said about automatic referrals to the first-tier tribunal, but that only triggers after four months. Frankly, holding someone in detention for four months without placing them in front of a judge is just as much of an affront to the rule of law as it would be open-ended. I cannot agree that automatic referrals are a suitable mitigating measure, but we will not press the amendment to a vote this afternoon. We anticipate that it commands cross-party support, and we think there is a good chance we can make the Government see sense. We reserve the right to bring back the amendment in full force at a later stage of the Bill’s passage. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 4 ordered to stand part of the Bill.

Schedule 1

The Prisons and Probation Ombudsman

[Yasmin Qureshi]

I beg to move amendment 24,  page 68, line 5, in schedule 1, at end insert

“, with the consent of the Justice Committee of the House of Commons.”

This amendment requires the Prisons and Probation Ombudsman to be appointed with the consent of the Justice Select Committee.

Establishing the ombudsman’s independence, similar to that of the chief inspector of prisons, is a priority for a range of stakeholders. The amendment would ensure that independence.