Richard Burgon
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(7 years, 11 months ago)
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Richard Burgon (Leeds East) (Lab)
I beg to move,
That this House notes with concern recent serious disturbances at Swaleside, Birmingham, Lewes, Bedford and Moorlands prisons against the backdrop of a reduction of more than 6,000 frontline prison officers since 2010; notes that a planned recruitment drive has a target of hiring fewer than half the number of officers lost, and that previous recruitment drives have failed to achieve their targets; recognises that violence in prisons is at record levels with assaults up by 34 per cent since 2015, assaults on staff up by 43 per cent since 2015, and more than 60 per cent of prisons currently overcrowded; and calls on the Government to reduce overcrowding and improve safety while still ensuring that those people who should be in prison are in prison.
The last Opposition day debate on prisons took place nearly a year ago to this very day. Back then, as hon. Members will recall, my hon. Friend the Member for Hammersmith (Andy Slaughter) opened the debate for the Opposition. He told the House:
“The inescapable conclusion is that the prison system in this country…is not working, contrary to the famous pronouncement of the noble Lord Howard.”—[Official Report, 27 January 2016; Vol. 605, c. 333.]
A year on, the conclusion drawn by my hon. Friend remains inescapable.
Since 2010, Conservative Justice Secretaries have cut the number of frontline prison officers by more than 6,000. It was the political decision to impose austerity on the nation and our prison service that brought us to this point. That was married with an erratic prisons policy that veered first this way and then that way. First, the right hon. and learned Member for Rushcliffe (Mr Clarke) wanted to reduce prison numbers; he was sacked. Then the right hon. Member for Epsom and Ewell (Chris Grayling) took a very authoritarian line, introducing benchmarking and book-banning, both of which failed. Next, the right hon. Member for Surrey Heath (Michael Gove) wanted to decentralise and hand autonomy to governors. The current Justice Secretary wants a bit of policy from each—prison policy à la carte.
The number of officers was cut with no check on the number of people being imprisoned, but the effect of that ought to have been obvious. The Government are imprisoning more people than they have decided they can afford. In the 12 months to June 2016, there were 105 self-inflicted deaths—nearly double the number five years previously, and an all-time high.
Frank Field (Birkenhead) (Lab)
Before my hon. Friend moves on from this point, may I draw his attention to the Select Committee report that said that if we are to try to cut the cycle of prisoners reoffending, it would be good to try to provide employment for them, particularly by reducing national insurance contributions for employers? While that would not be a silver bullet, would it not play some part in reducing the pressure on prisons if such a policy were adopted by the Secretary of State?
Richard Burgon
My right hon. Friend makes a very valuable point about rehabilitation, a subject to which I will return.
Mr Kenneth Clarke (Rushcliffe) (Con)
The hon. Gentleman quite rightly says that there is, as I think everybody will acknowledge, a serious crisis in our prisons, which at the moment are overcrowded slums and breeding grounds for crime. He sets out a rather interesting range of options for tackling this but, with respect, his motion merely concentrates on the Prison Officers Association’s answer, which is to spend more money and hire more prison officers, probably with improved pay and conditions. Does he have any views on the range of options that includes reducing the number of prisoners by addressing foolish sentencing policies so that there is room for the rehabilitation measures recommended by the right hon. Member for Birkenhead (Frank Field)?
Richard Burgon
I thank the right hon. and learned Gentleman for that constructive contribution. We are talking about far more than just staffing, so I will touch on sentencing and prisoner numbers later.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
Does my hon. Friend share my concern that there are too many people with mental health conditions in our prisons who should not be there in the first place? Was he as appalled as I was to hear the outcome of last week’s inquest into the tragic death of Dean Saunders, one of 113 people who took their life in one of our prisons in the past year? The inquest found that he should never have been in prison in the first place—he should have been in a mental health in-patient unit.
Richard Burgon
I share my hon. Friend’s concern, which she raised in Justice questions yesterday. I will deal with the tragic death of Dean Saunders later.
As I said, the Government are imprisoning more people than they have decided they can afford. There were 345 deaths in custody last year. In the same period, serious assaults on staff increased by 146%, and incidents of self-harm increased by more than 10,000. Within the space of just a few weeks, there were prison riots in Lincoln, Lewes, Bedford, and Moorland—not “Moorlands”, as it says in the motion. In December, HMP Birmingham saw what many described as the worst riots at a category B prison since Strangeways a quarter of a century ago.
Mr Stewart Jackson (Peterborough) (Con)
A lot of the hon. Gentleman’s criticism is predicated on the concept of austerity under this Government, but surely he will concede that the previous Labour Government, in much more benign economic circumstances, released 82,000 prisoners under the end of custody licence scheme, of whom 2,657 were recalled for licence breaches and over 1,200 for reoffending. In better financial times, there was still mismanagement of the prison estate.
Richard Burgon
The prison system has never been perfect, but under a Labour Government there was not a prison crisis, and under this Conservative Government there is a prison crisis.
In Birmingham, it took 13 Tornado teams more than 12 hours to regain control. Some estimate the cost of the damage as £2 million. The Ministry was warned back in October that urgent action was required in the light of staff worries about personal safety, but it remains unclear whether it did anything at all. Last October, in an unprecedented intervention—
Toby Perkins (Chesterfield) (Lab)
Is my hon. Friend as worried as I am that not only has there been the huge reduction in the number of prison officers, but there seems to be a deliberate strategy to get more experienced, more expensive prison officers to stand down—to retire—and to replace them with cheap apprentices and graduates? There is a real lack of experience in our prison sector as well as a dangerous lack of officer numbers.
Richard Burgon
My hon. Friend makes a vital point. We have a dangerous cocktail of experienced prisoners in prison, and experienced prison officers leaving prison. That is not good for safety and not good for the service.
Richard Burgon
I must make some progress, I am afraid.
In the wake of those riots, the Justice Secretary told the House yesterday that more Tornado staff are being trained. Clearly she expects more trouble and expects things to get worse before they get better.
The Ministry has a long list of problems to contend with: overcrowding; understaffing; lack of safety; the quality of delivery from privatised probation services; drugs and drones; and the nearly 4,000 IPP—imprisonment for public protection—prisoners who are still in jail way past their tariffs.
Richard Burgon
I will not give way.
One prison officer told me that the situation in our Prison Service is like a game of Jenga where it feels as though we are on the brink of the final piece being removed and the whole thing coming crashing down around us. He did not say that lightly. The Government’s White Paper has had a mixed reception from those with experience and expertise in the penal system and penal reform.
Richard Burgon
I need to make some progress.
Nearly all these problems stem from the axing of a quarter of prison staff since 2010. The Justice Secretary’s colleague, the hon. Member for Gainsborough (Sir Edward Leigh), asked her yesterday at Justice questions whether she thought that cut was wise. She did not answer; she has the opportunity to answer today.
Sir Edward Leigh (Gainsborough) (Con)
That is fine; I stand by that—we all want more prison officers. Presumably the hon. Gentleman can now commit himself to a future Labour Government recruiting all these officers, can he?
Richard Burgon
A future Labour Government will not treat our hard-working, hard-pressed prison officers as the enemy—[Interruption.] I hear the roars of disapproval from those on the Government Benches. Anybody would think they were presiding over a successful Prison Service and there was not a prison crisis. If they would listen rather than roar at me, I would be grateful.
Richard Burgon
I really do need to make progress, I am afraid.
The ambition set out in the White Paper to increase staffing levels is welcome, but 2,500 officers represent less than half the number of prison officers cut by Conservative Justice Secretaries since 2010, and in order to get 2,500 extra officers, 8,000 will have to be recruited in just two years. I wonder whether the Justice Secretary has confidence that that will happen, because I do not come across many in the justice sector who think it any more than a pipe dream under her management. In the year to September 2016, she had about 400 fewer officers. There is a crisis in staff retention; they are leaving more quickly than she can recruit them. The Prison Officers Association membership has very recently rejected a pay deal offered by the Government. What plans has she made to improve the offer and begin to make those jobs more attractive to the public? She currently faces a recruitment drive that is in danger of failing before it has begun.
Announcements that ex-service personnel will be recruited to the Prison Service might grab quick headlines, but in truth this is nothing new. There have always been former members of our armed forces taking jobs in our Prison Service. The role of soldier and prison officer are not exactly the same, by the way, as prison officers who have been in the Army have told me. The Secretary of State must explain how she can compensate for the fact that, as we have heard, so many experienced officers have left, and are leaving, our Prison Service.
Overseeing a transformation to a prison estate populated by more experienced prisoners and more inexperienced prison officers presents a clear and present danger. Inadequate staffing levels have a range of consequences. Prisons are less safe because staff are far outnumbered. Prisoners are spending more time in their cells because they cannot be managed outside, and prisoner frustration is heightened by the lack of time out of their cells.
Keith Vaz (Leicester East) (Lab)
I commend my hon. Friend for his excellent speech. Does he agree that one way to reduce the prison population would be for the Government to make better progress in the transfer of foreign national offenders? At the moment, there are 10,000 foreign national offenders in our prisons, representing 12% of the prison population. The Government sign agreements, but very few prisoners get sent back.
Richard Burgon
I thank my right hon. Friend for making that important point. In Justice questions yesterday, the Minister with responsibility for prisons, the hon. Member for East Surrey (Mr Gyimah), said that he was in discussions with the Department for Exiting the European Union about the matter. We need to hear more about the progress of those discussions.
The Justice Secretary frequently points to the emergence of new psychoactive substances as a major factor in the current crisis. Does she know that in Scotland, where prison policy has been stable for some years and where staffing has remained constant, violence has not rocketed as it has across the rest of the prison estate? Scotland has NPS issues, too, but it did not axe staff in vast numbers.
Our prisons are overcrowded. Armley prison, in my city of Leeds, holds nearly twice the number of prisoners that it was built to house. Wandsworth, Swansea, Brixton and Leicester are not far behind; they are all full to capacity with another 50% on top.
Philip Davies
I am grateful to the hon. Gentleman; he knows that I hold him in very high esteem. Lady Chakrabarti, the shadow Attorney General, said recently that she wanted half the prisoners in the UK prison estate to be released immediately. Is that Labour’s official party policy? My constituents would be very interested to know.
Richard Burgon
I am certainly not aware of any such policy announcement being made. [Interruption.] Conservative Members are making some strange gesticulations. It is not Labour policy to release half the prisoners. Why on earth would that be the case?
We need a lasting way to manage the prison population. In November 2016, the Lord Chief Justice, Lord Thomas, appeared before the Justice Committee. Not surprisingly, he was questioned on the prisons crisis, and he offered a view on what could be done:
“The prison population is very, very high at the moment. Whether it will continue to rise is always difficult to tell, but there are worries that it will. I am not sure that at the end of the day we can’t dispose of more by really tough—and I do mean tough—community penalties.”
Prison has always been seen as a punishment. A person breaks the social contract that governs much of our relations with one another, and they may be imprisoned. Members from across the House rightly see prison as a fitting sanction, and it must be right that when a convicted person is a danger to the public, they are kept away from the public until such time as they no longer pose a threat. A significant minority may never be safe to release. But we must ask whether prison is the right place for some of those who offend. We should always reflect on that, because if we do not, we find ourselves in the position that the Government are in now.
Richard Burgon
I have already said that I will not give way any further.
The warehousing of thousands of people without any support or access to rehabilitation means that when they leave prison, as they inevitably will, they will be in exactly the same position as when they entered. They might still be drug-dependent. They might still be homeless. They might still be in poverty. It is right—in fact, it is our duty—not to be complacent, but to reflect and ask ourselves whether the way in which we deal with at least some of those who break the law is working. With many offenders, it is not. Their stay in prison is too short to teach them new skills, or for them to obtain a qualification or stabilise a drug addiction.
In recent weeks I have met stakeholders who question whether it is worth sending people to prison for a few weeks or a few months, and I have met prison officers who lament that they see the same people over and over again. When stakeholders, people at the frontline and experts raise such matters, we must take them seriously. We must punish and we must deliver smart sentences as well as strict sentences, always asking ourselves what the best way is to protect the public. I firmly believe that MPs must have that urgent discussion.
Richard Burgon
The number of questions being shouted out by Government Members makes me wonder whether they know what they are presiding over. There are risks with sending people to prison, particularly for the first time. [Interruption.] There is laughter from the Government Front Benchers, but the situation in our prison system is not a laughing matter. They should take this debate seriously.
We throw people into the prison river, and the currents sweep them towards more drugs and more crime than they experienced outside. If rehabilitation fails, it is a failure to protect society. I must ask what the Justice Secretary is doing about imprisonment for public protection sentences. She urgently needs to come up with a scheme to release those whom it is safe to release. She should consider how that can be done—perhaps by releasing those people on a licence period in proportion to their original sentence.
In November last year, my right hon. Friend the Member for Tottenham (Mr Lammy) published the interim findings of his review into the treatment of and outcomes for black, Asian and minority ethnic people in the criminal justice system. The stark findings of the review have implications for our prisons. For every 100 white women handed custodial sentences in the Crown court for drug offences, 227 black women were sentenced to custody. For black men, the figure was 141 compared with 100 white men. BAME men were more than 16% more likely than white men to be remanded in custody. Those figures ought to be of concern to the Justice Secretary, and she has a duty to find out why that is happening and what can be done about it. The findings are troubling in and of themselves, but such disproportionate sentencing adds to the strain on our prison system.
Rehabilitation is essential to any serious criminal justice system, but we are not yet getting it right. Most people who are in prison will one day leave prison, so if we are to protect the public and keep our communities safe, rehabilitation must be properly funded and taken seriously by politicians as an aim. It must not be treated as a soft option. Between January and December 2014, 45.5% of adults released from prison had reoffended within a year. Of those released from a sentence of less than 12 months, 60% went on to reoffend.
When the right hon. Member for Epsom and Ewell introduced the transforming rehabilitation programme, the probation service was reckoned to be performing well. Many stakeholders issued a warning against the breakup of the probation service but, as with many Ministry of Justice consultations at the time, the public were simply ignored and the proposals pushed through regardless. Community rehabilitation companies received negative reports last year in Derbyshire, Durham and London.
Dr Roberta Blackman-Woods (City of Durham) (Lab)
Will my hon. Friend give way?
Dr Blackman-Woods
My hon. Friend is making a powerful case. Durham used to have the best probation service in the country, which did an amazing job of trying to rehabilitate prisoners, but it has, alas, fallen by the wayside because of the Government reforms. Does he agree that it would be nice to see Government Members taking some responsibility for what has happened to our prison and probation system? It is an absolute disgrace that it is failing in such a way.
Richard Burgon
What has happened to the probation services in the area and region that my hon. Friend represents is indeed a travesty. The privatisation of the probation service has been a disaster.
Michael Gove
The hon. Gentleman has drawn attention to what he considers to be weaknesses in current sentencing, the approach to IPPs, the approach to rehabilitation and the handling of probation, but he has not come forward with a single positive alternative. In the moments remaining to him, will he enlighten the House about what Labour would actually do, other than simply complain?
Richard Burgon
I certainly will do so, if the right hon. Gentleman will just bear with me.
The inspectorate of probation’s report of May 2016 found that the work of the national probation service was considered better in a number of important areas. As I have said, privatisation of the probation service has failed. Of course, it is not just down to the Ministry and to probation to support people; if people are leaving prison faced with the same conditions as before they entered it, that will make any meaningful change difficult.
Support is needed: it is needed for employment and for housing. One women’s prison had inmates leaving with nowhere to live, and it was handing out tents and sleeping bags to people when they left. This cannot be a feature of a modern justice system in the fifth-richest country in the world. The Prisoners Education Trust, while welcoming the White Paper, has said that
“in today’s economy, gaining meaningful employment depends on more than just the ability to read and write. If the government is serious about lowering reoffending, it needs to equip people in prison with the attitudes and aspirations”—[Interruption.]
Mr Speaker
Order. The Government Whip, the hon. Member for Hexham (Guy Opperman), should not shout out. He should not shout from a sedentary position, and he should not shout out while standing up. If he will forgive my saying so, to shout out while standing right next to the Speaker’s Chair is perhaps not quite the most intelligent action that he has undertaken in the course, so far, of a most auspicious career.
Richard Burgon
I certainly did not take offence when the Government Whip was shouting out, “Are there any policies?” because I did not think that that question was directed at the Opposition.
The reality is that prisons are full of people with a range of problems—those with mental health problems, those addicted to drugs and those who are homeless. It is rarely mentioned that support services focused on issues of that kind have also been victims of austerity. Drugs support has been scaled back, and prisoners are leaving prison with nowhere to sleep. There are too many people in prison with serious mental health problems.
Richard Burgon
MPs rarely break promises. I promised not to take any more interventions, but I will break that promise and allow another one.
Maria Caulfield
I thank the hon. Gentleman for eventually giving way; I am most honoured. The Opposition motion mentions Lewes prison—it is in special measures, as was raised during Justice questions yesterday—but he fails to acknowledge the huge amount of work that is going into the prison. This is not just about prison officer numbers; there are other issues, such as the huge rise in the number of sexual offenders in Lewes prison, which has made that old Victorian prison very hard to manage. I have not heard any suggestions by the hon. Gentleman about the way forward in helping places such as Lewes to tackle those problems.
Richard Burgon
The increases in the number of prisoners convicted of historical sex offences and in the number of people in prisons obviously have an effect, but does cutting the number of prison officers by a quarter mitigate that situation or make it worse? It seems to me that the answer to that is quite simple.
Before I draw my remarks to a conclusion, I want to turn—[Interruption.] The prisons Minister has an unfortunate habit of heckling at really inappropriate points. He has demonstrated that before and he has demonstrated it again now. I want to talk about the case of Dean Saunders, who tragically committed suicide in Chelmsford prison. An inquest jury found a number of errors in his treatment. Although prison staff recognised that he had mental health problems, they did not follow the procedure under which he might have been moved to hospital. The Under-Secretary of State for Justice, the hon. Member for Bracknell (Dr Lee), has said that he is
“seeking the details of all those cases to see whether there is a pattern”.—[Official Report, 24 January 2017; Vol. 620, c. 156.]
Deborah Coles of the charity Inquest, who supported the family, said that Mr Saunders
“should never have been in prison in the first place. His death was entirely preventable.”
The fact is that there is evidence in abundance from the various independent monitoring board reports and inquest jury findings. The Ministry must ensure that the recommendations of such bodies are acted on.
In conclusion, we need to be tough on crime, wherever it is found, and we need to protect the public. At the same time, we need to make prisons places where effective rehabilitation is a living, breathing reality. We want people to leave prison and become productive members of society, having left crime behind. At present, when it comes to the Prison Service, as in relation to so much else, this Government are failing. They are failing prison staff, they are failing prison inmates and their families, and they are failing the public. Ultimately, the mess this Government are making of our prison system means they are failing society. I commend the motion to the House.
Mr Speaker
I inform the House that I have selected the amendment in the name of the Prime Minister. To move the amendment, I call the Lord Chancellor and Secretary of State for Justice.