His Majesty’s Prison and Probation Service

Robert Neill Excerpts

Tuesday 4th July 2023 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

It is a pleasure to open this important debate, and I am grateful to the Backbench Business Committee for giving us the opportunity to debate this part of the Ministry of Justice estimates. I am glad to see the Minister and the shadow Minister in their places.

I want to raise succinctly, but in some detail, a number of pressing areas that trouble the Select Committee on Justice. Despite the funding increases that have recently been achieved, there is a background that causes real difficulties to the Prison and Probation Service.

I will highlight four areas in particular where the Minister ought to seek to persuade the Government to prioritise and increase their efforts, for the sake of both those who work in His Majesty’s Prison and Probation Service and the offenders it is meant to manage and hold safely but humanely, with a view to reform wherever possible.

I will flag up the following issues: prison capacity, the projected prison population and overcrowding; the quality of the prison estate; the prison and probation workforce, and workforce shortages; and the youth custody estate. The Select Committee has looked at these matters on a number of occasions, and we are currently carrying out an inquiry into the prison workforce—I am grateful to everyone who has given evidence so far, and I appreciate the engagement we have had with Ministers.

I will start with one of the most pressing issues facing the Prison Service today. We now have the latest prison population projections and the reasons for their increase. The reality is simply that the prison population has grown substantially over the past 30 years. As of last Friday, there were some 85,851 people in prison. The number has changed a bit even since then.

Despite the Government’s efforts to manage the population, England and Wales has the highest imprisonment rate in western Europe and, of course, it is projected to grow further. We see no sign of the imprisonment rate falling. At the same time as having one of the highest imprisonment rates in western Europe, we also have one of the worst reoffending rates. Successive Governments have failed to address that ironic dichotomy.

[Conor McGinn (St Helens North) (Ind)]

The hon. Gentleman, the Minister and the shadow Minister know my bona fides on matters of law and order. Bad and dangerous people should be in prison to protect the public, but we do not talk often enough about prevention and rehabilitation. It would cost far less to keep people out of prison, and to stop them going back into prison, than to keep them in prison.

[Sir Robert Neill]

I could not agree more. The current Lord Chancellor has said previously that prison is there for the people of whom we are entitled to be afraid, not for the people with whom we are annoyed or angry. That is an important distinction, because prison is there to deal with those who are a danger to society or who have significantly harmed society; it is not there, in an ideal world, to deal with people who, for any number of reasons, have got their life into a mess. Such people can be a nuisance to society, but there is surely a better way to handle them than incarceration in the closed estate at a cost of some £40,000 a year.

The Justice Committee held an inquiry into the prison population back in 2017. There was about a 15% reduction in the prisons budget between 2015 and 2020, and it was found that had an impact on the safety and decency of the estate, following a reduction in the number of prison officers between 2010 and 2015. In truth, there has been underinvestment in prisons and, I would argue, underinvestment in the whole justice system for decades, under Governments of all complexions. Because the Ministry of Justice is both an unprotected Department, in budgetary terms, and a downstream Department, it often picks up the consequences of things that have gone wrong elsewhere in society and elsewhere in Government. The Ministry of Justice is particularly vulnerable.

In 2017 we saw there had been a 20% increase in the prison population over 15 years, and future projections indicated growth to 2022. There was, at that time, a transformation programme committed to expanding the prison estate by 10,000 places and to closing outdated prisons. Sadly, the truth is that the programme was not fully delivered. The Public Accounts Committee reported that just 206 places were delivered by the programme.

In 2018 the Ministry of Justice decided not to deliver the prison estate transformation in full because of budgetary pressures. Around 6,500 places were removed from the programme, but nothing has been done to reduce demand. Indeed, a number of changes to sentencing policy have, in fact, increased demand in a number of areas.

The 2017 inquiry found clear evidence that the reduction of spending in prisons had had a major destabilising effect. Reducing staff numbers put more pressure on remaining staff, and the way in which facilities management services were outsourced through block contracts meant the operation was very remote and very unresponsive to the day-to-day needs in prisons. It was very frustrating for governors, who were frequently finding that it took months to get basic repairs done. The nature of the contract was seriously at fault. I do not have a problem with contracting out in the right circumstances, but the way it was done was extremely inefficient.

Six years on, the Prison Service faces largely the same issues. The population has continued to increase, there is still an issue with the recruitment and retention of staff, and the estate still has capacity pressures. There was another prison expansion programme in 2019, and the “Prisons Strategy” White Paper said the provision of prison places would make a “more modern and secure” estate.

There was an ambitious target of 20,000 additional prison places as part of that programme, but we now know that planning permission has not been granted for three prisons—either it has been refused or no decision has been made—and the Ministry of Justice is having to appeal those planning decisions. That is hardly joined-up government. Surely the risk of delays in planning should have been foreseen at the outset.

On behalf of the Committee, I wrote to the permanent secretary at the MOJ following the publication of its main estimates, and I am grateful to her for responding yesterday. Disappointingly, only 8,200 new prison places will have been created and made operational by May 2025. We are about 11,800 short of the Government’s target of 20,000 by the mid-2020s. Given that background, is the Minister convinced that the current prison expansion programme is genuinely deliverable? When are we going to get to the 20,000 places? What steps are being taken to speed up a rate of delivery that, so far, will not get us there?

Prisons in England and Wales are reaching breaking point; the growth in the adult male population has forced the Government to use police cells to accommodate prisoners, through Operation Safeguard. The Government have said that would be in place for no longer than is necessary, but how much longer does the Minister anticipate that will be? How frequently is Operation Safeguard being used?

I mentioned the changes to sentencing policy, which have put more pressure on prisons. For example, we have seen changes to magistrates’ sentencing powers; there was an increase to two years and then, suddenly, a temporary reduction back down to one year. That is not good lawmaking, and it is not fair or just sentencing policy to have a lottery whereby when a defendant appears before the court decides whether he is dealt with by the magistrates or committed to the Crown court. As we all know, that move was done not because magistrates sentence more heavily—there was no evidence to suggest that—but because if people are sent to the Crown court for sentence, as the magistrates deem their powers insufficient, it will take longer before they end up in prison. There is a bit of sleight of hand here, as that was done to ease out the demand in the prison system, pushing people’s arrival in prison back down the road a bit, in the hope that somebody else will have left by then and so a bit more space is available.

That is not the right approach and it puts more pressure on another part of the MOJ’s responsibility, the Crown courts, because more cases are then being sent to them when they could have been dealt with more quickly by the magistrates. The Government need to address that situation. What is going to be done to deal with it? How long does the MOJ envisage this reduction in sentencing powers lasting? What is being done to consult the judiciary on whether that is a proper approach to the use of judicial resources and sentencing policy? I know that there has been a temporary response in respect of rapid deployment cells, which may offer some support. It may be of some assistance, but what is the long-term plan? How long do we envisage those cells being in use? What is the plan eventually to integrate them with the rest of the estate?

We have the plans for the 20,000 prison places, but the delay is significant. That means there is significant overcrowding in the estate, which is the second point I want to address. The overcrowding is such that it is difficult for prison staff to carry out rehabilitative work, which is one of the objectives of prison. That feeds into that high rate of recidivism and reoffending that I have referred to. It also creates real challenges on our basic duties of care towards both prisoners and prison officers. When the state removes someone’s liberty for the broader public good, it has the duty to commit to keep them safe and in decent conditions.

Equally, the state has a duty to provide decent, safe and reasonable working environments for those who supervise the prisoners and run the prisons. I fear that in a number of our prisons we are simply not getting there at the moment. We are simply failing in that, and repeated reports from His Majesty’s chief inspector of prisons have flagged that up. The growth in the number of urgent notifications that have been issued by the inspector to the MOJ is also evidence of that. I appreciate that the Minister has always responded promptly to those urgent notification procedures, and I am grateful to him for that, but it speaks to an underlying problem that needs to be resolved. I suspect that that can be done only through sustained investment and by thinking about whether we are using the alternatives to prison effectively. To go back to the point made by the hon. Member for St Helens North (Conor McGinn), we need to make sure that we use it for those who are dangerous, where there is no other safe means of dealing with them and we cannot use cheaper and often more effective rehabilitative alternatives.

We still have many Victorian prisons—the “local prisons”, as they are often called—some of which are in a very poor state. They have been described as “not fit for purpose” and “dilapidated”. There has been historical under-investment in maintenance and we have a backlog of maintenance work in the prisons. In March 2021 this was estimated to be about £1 billion-worth. His Majesty’s Prison and Probation Service is regularly taking prison cells out of use because of their state of disrepair. In the decade between 2009-10 and 2019-20, some 1,730 prison cells were permanently out of use for failing to meet the required standards. The lack of money going into basic maintenance therefore adds to the capacity crisis.

[Andy Slaughter (Hammersmith) (Lab)]

The Chair of the Justice Committee is making an excellent critique of the system. There is something ironic about prisons being so undermaintained and needing £1 billion spent on them, such that their accommodation is not available, when some £4 billion is being spent on new prisons at the same time. It looks as if we are just forgetting the ones that we have, particularly the remand and the local prisons.

[Sir Robert Neill]

I have a lot of sympathy with that point. The irony is that the chief inspector of prisons, in his 2021 annual report, describes some of those old prisons as

“cold, dark and shabby cells…often plagued by damp and cockroaches, leaking pipes and toilets, and broken or missing furniture and windows”

but, at the same time, as we have already observed, the new prison building schedule is way behind and, because of the planning situation, so far we have no assurance about when those spaces will be delivered. In any event, they will not replace the dilapidated prisons, as we had originally hoped, but will simply increase capacity, because we have a tap that nobody seems able to find the means of properly turning off, in terms of those coming into the system.

The original plan was to close old prisons as part of the prison estate transformation programme, but that has not happened. In 2019 the Minister’s predecessor said that they would need to be kept open. Well, how long do we expect to keep those prisons open? What is the long-term plan for those prisons? What is the plan to ensure that the risks in relation to planning permissions and restrictive covenants, which plagued the potential redevelopment of Holloway, for example, are recognised and sorted out well in advance of the commitment of the capital?

It is worth observing that we have had an increase in the capital departmental expenditure limits for prisons, which is welcome, but if we are spending only a fraction of it so far—as I recall it is about £4 billion, and we have spent about £1.6 billion so far—clearly we have resource being allocated by the Treasury that we cannot have confidence that the Ministry is able to spend and use to deliver in a timely fashion. What steps is the Minister taking to deal with that? What reassurance can he give us? What is the plan to speed up that programme and get the resource spent where it is needed?

The other issue I want to deal with is the operational workforce—as I said, the Committee is currently running an inquiry on that. I pay tribute to the men and women who work in our prisons. They do a very tough job, which probably no one in this House would want to do. They do it on behalf of society, frequently in difficult and unpleasant conditions—sometimes unacceptable conditions—and at some risk to themselves. They deserve to have the recognition that I do not think they always get. On behalf of the Justice Committee, I recognise and salute them for what they do, but we need more than just recognition and warm words; we need some real support for them.

As part of the inquiry, the Justice Committee undertook a survey of serving prison officers. Some 6,582 staff responded to it, which was a decent number. The responses were striking. We found that half of band 3 to band 5 staff do not feel safe at the prison they work in. Feeling safe at work is surely a basic right for anyone. Half is a frightening statistic. Reports from the inspector and the independent monitoring boards have highlighted the growing number of assaults, both on staff by prisoners and between prisoners. That is a result of the cramped, overcrowded and stressful conditions in which many prisoners are held, so perhaps it is no surprise that the prison officers feel so concerned about that.

Band 3 to band 5 and band 2 are the key operational grades—the frontline people who do jobs on the wings. Only 15% of band 2 operational staff felt they had proper, regular training; 25% of band 3 to band 5 staff said they had regular training. That means the majority of staff do not think that they have such training. Surely training people is a basic part of making sure that we professionalise and keep the workforce up to scratch? We are bringing in various protective equipment for them; they need to be trained to use it.

It is no surprise that morale is low. More than 70% of staff in band 2 and 80% of staff in bands 3 to 5 said that staff morale was not good at the prison in which they worked. If that is the position with the frontline staff, is it any wonder that we have a problem not just with recruitment, but with retention? It is clear that there is a real issue with experienced officers leaving the service. When things get difficult in prison, when those tensions threaten to boil over, and when there is potential dispute or violence on the wings, it is exactly those experienced officers—the old hands, the men and women who have been around the system—who know how to deal with sometimes quite damaged and challenging individuals. Their experience is more necessary than anyone’s to calm things down and to prevent things from escalating. Therefore, unless we have a proper strategy for retention, we are creating a potential powder keg for the future.

Ultimately, we have both to retain and to increase the number of staff. Unless we do that, we will not get the purposeful activity that is necessary to make prisons beneficial; otherwise we end up just warehousing individuals with no benefit at the end of it. That pressure on staffing and overcrowding in prisons is reflected in the concern of the president of the Prison Governors Association, Andrea Albutt, who said that the prison system faces an immediate crisis and could run out of prison places as early as mid-July. What is the Minister’s assessment of that? Does he agree with the president of the Prison Governors Association that, in a few days’ time, we could run out of space? If so, we are in a very grave situation indeed.

What, too, about the observations of the Shannon Trust—I am very grateful for its information—pointing out that statistics from the Office of National Statistics, HM Prison and Probation Service and the voluntary sector suggest that some 62% of all those incarcerated have a literacy level lower than an average 11-year-old? Given that we have some 85,000 people in prison, that potentially equates to about 53,000 people who have real literacy deficits. Without that being put right, what is their hope of getting a job on release? How do we then get them out of that cycle of reoffending? Because it is so difficult to carry out education activities in those cramped and inadequate facilities and to attract staff to do the tough job of education work in prisons, all too frequently, the level of courses is not being delivered in the way that was intended. What will the Minister do to increase the amount of education and purposeful activity that we see in our prisons? We all say that it is the objective, but so far we are not delivering on it in any consistent manner.

Let me look beyond prison to the critical issue of probation, which is sometimes, I fear, regarded as the poor relation of the two. The bulk of the budget goes on prisons because of the very high fixed costs, but probation is essential and we should pay tribute, too, to the probation officers who work so hard. It is essential to give alternatives to prison in the first place and, secondly, to have a proper means of transitioning prisoners back into society when they are released, without the risk of reoffending.

When we carried out our inquiries, we found high staff vacancies, overloaded probation practitioners working overcapacity, poor staff retention and inaccurate risk assessments, all of which were flagged up by the chief inspector of probation, who said that many services are experiencing exceptional staff shortages, with half the positions at key grades in some areas being unfilled. It is no wonder, therefore, that things are being missed. That is a risk not only to prisoners, but, potentially in the worst case, to the public as well. What is being done to deal with staff pressures in the probation service?

We met many probation officers. They want to improve their service, but they need decent and sustained funding to do so. You cannot have it being switched on and off like a light switch. We know that three fifths of the HMPPS’s expenditure is on prisons. We need to concentrate on and not forget the other two fifths of the budget as well.

[Conor McGinn]

Will the hon. Gentleman give way?

[Sir Robert Neill]

I will give way one more time and then I shall move on.

[Conor McGinn]

I am sorry to intrude on the hon. Gentleman again. He is making an excellent speech. I think he will agree that the privatisation of the probation service was a disaster and it is right that that is being reversed, but that does not mean that probation cannot work with the private and voluntary sector, particularly around employment. There are some great examples of that, with firms such as Timpson, the voluntary sector and organisations such as the Prison Advice and Care Trust. It is important that the service works collectively with all those groups to ensure that we stop people from reoffending, and help them rebuild, get on and be successful in their lives.

[Sir Robert Neill]

Yet again the hon. Gentleman is spot on. I join him in paying tribute to Timpson, for example. The work of the Timpson family and their firm has been consistently quite exceptional over a long period; I have constituents who benefited through their endeavours and many others in the House will have similar cases.

The hon. Gentleman’s point is an important one. The Justice Committee was critical of the way the probation service was privatised. As he knows, I do not have an ideological objection to privatising services, in the right circumstances and in the right way, but the simple truth is that the way it was done in probation was absolutely the wrong way to do it, splitting up and dislocating the service, with a mixture of that which was retained nationally and that which was with various outsourced companies. It was wholly unsatisfactory and created some dire results.

I pay tribute to my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), who, when he was Justice Secretary, took the tough but right decision to reverse the process and unify the service once more. That was welcome. None the less, that privatisation is still affecting morale, it has affected retention and it has created considerable dislocation in data sharing between various services. It also broke a number of the local ties that had been developed between the probation service and local authorities and other providers in the area.

Ironically, as the hon. Member for St Helens North says, there is a role for the private sector. The privatisation of probation was intended to have more private sector groups coming in to the provision of probation work and more smaller-scale charities. What happened instead is that it went on bulk contracts to some of the usual big outsourcers and defeated its own object.

We need to work hard now to ensure that we give charities, not-for-profits and small-scale organisations real access to provide services where they can bring a unique perspective. Again, I would be grateful for the Minister’s observations on what the Government will do to encourage those providers into the sector, where they can work collaboratively with the new unified service. We currently have 220,000 people on probation and 16,000 staff in probation. The service has been through any amount of upheaval. It now needs stability and support—both practical financial support and recognition for the work that it does.

I have only a couple more points, Mr Deputy Speaker. I turn now to the youth custody estate. Youth custody, it should be said, has been a real success. We imprison far fewer people now than we used to. That is a real win that all sides involved can take credit for. The service does not face the same pressure of numbers and we have seen a steady decline in the number of children in custody.

One is tempted to say, “Why, if we can do that for children, largely because of a more holistic approach and far more early interventions, can we not apply the same philosophy to the adult estate as well?” The principle is not different: it is getting in early when we see the first signs of the problem in someone’s life that is likely to make them more vulnerable to falling into offending. If we can do that successfully for youngsters, why should we not at least do much more of it in the adult estate too?

However, although the numbers are not an issue, safety is a real concern in the youth estate. Staff retention is a problem in the youth estate too, which has an impact on safety. Lack of staff and training is also a matter of concern and recent inspection reports from His Majesty’s chief inspector of prisons have raised concerns about education in the YOIs.

Safety concerns extend beyond physical harm. If the institutions fail to provide adequate educational programmes, vocational training and rehabilitative regimes, young offenders will not receive the tools they need to reintegrate into society. Instead, they will be all the more vulnerable to being sucked back in to the leadership model of their criminal friends on the outside, whom in many cases they joined up with because of the gaps elsewhere in their life. I wrote to the Minister in May about the woeful findings in relation to His Majesty’s Prison Cookham Wood in the urgent notification procedure there, and I am grateful to the Minister for his response. However, it is pretty disappointing to see yet another urgent notification being issued in relation to a failing prison—particularly one where children are involved. We must see improvements for those children. They have been entrusted to the state’s care, and we have a duty to them to ensure that they are safe and that when they leave those institutions, they are in a better place than when they went in.

I recognise the Government’s attempts to stabilise prisons and probation by injecting funding, but they are trying to make up for the great deal that was taken out earlier. I recognise the Minister’s commitment, and I appreciate the personal courtesy and determination in his words. I recognise in particular the commitment of the new Secretary of State, who understands these issues very well from his own professional background. They will both know that we have a lot of ground to make up to get prisons and probation back to where they should be. The fact that there is some increase in the estimates is good news, as I have demonstrated, but I fear, first, that it may not be enough and, secondly, that we need an assurance that funding will be sustained over a period of years and that the Ministry has the capacity to spend the money wisely and successfully to deliver on all that.

I hope that the Minister will respond on those matters with his usual care and courtesy, but we need not just words but a clear programme of action. Frankly, we need to increase and raise the extent and awareness of public debate about the Prison and Probation Service, as we need to with the whole criminal justice system. It ought to be a decent prisons system and probation system—a means of protecting the public but also of rehabilitating those offenders who can be rehabilitated—and that ought to be as central a mission to any Government as a decent education, health or social care system. It does not get the same level of attention. Perhaps this debate will help, if only in a small way, to flag up some of the issues. We all have a duty to talk about those issues with our constituents, in a measured and calm way, more than perhaps we currently do.

--- Later in debate ---

[The Minister of State, Ministry of Justice (Damian Hinds)]

I thank my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, for his opening remarks and, more broadly, for securing this important debate on this estimates day. I thank everybody who has contributed to the debate.

There can be no higher purpose for a Government than protecting the public from the devastating consequences of crime and maintaining a criminal justice system in which people have confidence. We have honoured our manifesto commitment to recruit 20,000 additional police officers and, through the Police, Crime, Sentencing and Courts Act 2022, we have introduced tougher penalties for the most serious crimes and removed automatic halfway release of the most violent and sexual offenders so that the worst criminals are locked up for longer. We are building new state-of-the-art prisons that will not only give effect to the order of the court to take criminals off our street, but properly rehabilitate them so that they turn their backs on crime for good. That way, we can break the destructive cycle of offending that costs the taxpayer £18 billion a year and has an incalculable personal cost to the victims and communities blighted by it.

The PCSC Act also brought in better monitored and more effective community sentences, which were just mentioned by the hon. Member for Lewisham West and Penge (Ellie Reeves). They punish offenders, tackle the underlying drivers of offending and support people who want to turn their lives around. Those measures include tougher and more flexible electronically monitored curfews. We aim to almost double the number of defendants and offenders tagged at any one time to reach 25,000 by March 2025.

We have recruited more than 50 new health and justice co-ordinators, who will cover every probation region and work with health partners so that offenders get the right treatment to stay on the straight and narrow. That will be underpinned by regular drug testing to monitor compliance. We are investing up to £93 million in community payback to drive up the hours of unpaid work done by offenders, so that they visibly pay their debt to society for the damage they have done.

We are achieving our vision to cut the youth custodial population, which was mentioned by my hon. Friend the Member for Bromley and Chislehurst. Roughly 3,000 children and young people were in custody in 2008-09; as of April this year, the number had fallen to around 600. It is also important to note that, in line with our female offender strategy, between 2018 and 2021, the average female prison population fell by 17%.

Our £100 million security investment programme to reduce crime inside prisons, including stemming the flow of illicit items such as drugs, mobile phones and weapons, was completed in March 2022. Enhanced gate security—including 659 staff, 154 drug dogs and over 200 pieces of equipment—has been deployed to 42 high-risk prison sites that routinely search staff and visitors. We now have 97 X-ray body scanners covering the entire closed male estate and they have recorded more than 28,000 positive indications.

To date, 89 prisons have completed their roll-out of PAVA synthetic pepper spray to stop violent prisoners in their tracks and we have introduced 13,000 new generation body-worn video cameras across the estate, with networked, cloud-based technology. These important investments rightly underpin our focus on the safety of staff and others in prison.

Linked to that, we need prisons to be a place where offenders overcome addiction, which is why we are rolling out abstinence-focused drug recovery wings and increasing the number of dedicated, incentivised substance-free living units across the estate, where prisoners commit to regular drug tests in return for incentives such as more gym time.

Alongside safety and security in prisons, we must invest in education and employment if we are to cut crime sustainably. We know that, if a prisoner can hold down a steady job, it reduces their chance of reoffending by up to nine percentage points, which is why we are driving forward initiatives to help prisoners to secure jobs on release, including through prison employment leads to match prisoners to jobs and employment advisory boards to build links between prisons and local industry, and to ensure that the skills being taught in prisons align with what is demanded and required in the local labour market.

I agree that we need to go further on education. The hon. Member for Hammersmith (Andy Slaughter) spoke about the Shannon Trust and I pay tribute to its work. I confirm that we are extending what we do with the literacy innovation fund across 15 prisons. There is also a much sharper understanding of neurodiversity in our prison population, and I am pleased that we will have neurodiversity support managers across the estate by January 2024. I am also excited about the prospect of the first secure school, which we will be doing in partnership with the Oasis Trust. It is a different approach from those in youth custody, further elevating the role of education.

Ensuring proper support is on offer beyond the prison gates is also crucial if we are to help offenders stay on the straight and narrow, so we are improving pre-release planning and continuity of care. We want to ensure that no one supervised by probation is released from prison homeless. Our new transitional accommodation scheme—community accommodation service tier 3, so below the level of bail hostels—helps us to deliver on that commitment. It was initially delivered in five probation regions in 2021, but our investment is expanding to operate across all of England and Wales by April 2024.

We are also investing in pre-release teams, which have been embedded in 67 prisons and provide an important interface for commissioned rehabilitative services that help ex-prisoners with accommodation, personal wellbeing, employment, training and education. To improve continuity of care for prison leavers with substance misuse or wider health issues, we are recruiting more than 50 health and justice co-ordinators with responsibility for ensuring more joined-up support between prison, probation and healthcare treatment services. Where appropriate, alcohol monitoring on licence is available.

Small things that the rest of us can take for granted can make all the difference, for good or ill. That is why we have introduced resettlement passports, set up ahead of release, to bring together the essentials that offenders need in one place: bank accounts, CVs and the identification people need to prove the right to work and to rent a flat. We have also supported the Offenders (Day of Release from Detention) Act 2023, which recently received Royal Assent, having started out as a private Member’s Bill. It will enable offenders at risk of reoffending to be released up to two days earlier, to avoid what can be the hectic rush of trying to get round different services on a Friday.

My hon. Friend the Member for Bromley and Chislehurst asked specifically about magistrates’ sentencing powers. Given the time, I should not talk about that in great detail now. We have had a chance to talk about it in the Select Committee. On his specific question about working with the judiciary, we are working with the Judicial Office as part of the review we are undertaking on the changes and plan to engage magistrates on it. We should have completed that review by the autumn.

My hon. Friend and others rightly asked about capacity, the role of Operation Safeguard and other shorter-term capacity measures, as well as the longer-term capital programme. Since October 2022, we have seen an acute and exceptional rise in the prison population. Operation Safeguard is a temporary measure to provide a short-term solution to that acute rise in demand. He asked how much of that capacity has been used. The answer is that it goes up and down; it is a facility to be drawn on as needed. The average over the period is really quite low, but there are days when its usage is greater. Standing it up has provided us with vital extra short-term resilience as we develop further that longer-term capital programme.

As of April, we had invested £1.3 billion in capital towards the delivery of the 20,000 additional, modern prison places to which my hon. Friend referred. By the end of June, about 5,400 of those places had been added to the estate. That includes the two new 1,700-place prisons, HMPs Five Wells and Fosse Way, with the latter having accepted its first prisoners at the end of May.

[Sir Robert Neill]

I am grateful to the Minister for that update. Those who have been to Five Wells and Fosse Way recognise what an advance they are in design and facilities. Will he give us a specific update on where we are in the stalled planning process on the other three prisons, which are still stuck in the system? When are we likely to get those moving forward?

[Damian Hinds]

As my hon. Friend well knows—he was previously a leading light in ministerial office, dealing with local government—we do not control the planning process. I am therefore not in a position to give him a bang-up-to-date update, except to say that those three projects remain part of our plan. Overall, this is a complex capital programme and we need to deal with external factors, including working through the planning process.

[Sir Robert Neill]

Perhaps the Minister could write to me and the Select Committee to set out where we are with those projects. Have they gone to appeal yet? If so, has any indication been given as to when the hearings will take place?

[Damian Hinds]

Of course, I will be delighted to correspond in that way with my hon. Friend.

We are also rolling out 1,000 rapid deployment cells across the estate. The first three sites, HMPs Norwich, Wymott and Hollesley Bay, are now accepting prisoners, and the majority of the 1,000 additional places will be delivered this year. We are undertaking major refurbishments at sites including HMPs Birmingham, Liverpool and Norwich, delivering about 800 cells between them. The wing-by-wing refurbishment at HMP Liverpool will see every cell renovated. Construction has also started on new house blocks at HMPs Stocken, Hatfield, Sudbury and Rye Hill, which will add around 850 places between them. HMP Millsike, the new prison of some 1,500 places by HMP Full Sutton, will open in 2025. Our new prisons have a laser-sharp focus on rehabilitation, with workshops and cutting-edge technology that puts education, training and jobs front and centre, so every prisoner gets the right opportunity to turn over a new leaf.

Like many, or most, workforces, the Prison Service has experienced recruitment and retention challenges at a time of very low unemployment. Ensuring our services are sufficiently resourced and that we retain levels of experience are fundamental for delivering quality outcomes. That is why we are targeting the drivers of staff attrition and taking steps to improve recruitment, alongside a wider agenda of development in the workforce.

We welcome the Justice Committee’s important inquiry into the prison operational workforce and we have worked closely with the Committee to provide evidence. We are now closely considering the survey of prison staff, and I reaffirm that we take the issues of the morale and safety of staff with the greatest gravity. Prison staff do incredible work and, so often, are the hidden heroes of our justice system and society. In every prison I have visited, their dedication and drive are clear to see.

We fund a range of services to support staff wellbeing, which include care teams in public sector prisons that are trained to provide support to any member of staff involved in an incident at work. We are committed to making sure our prison staff feel safe, supported and valued, and we look forward to receiving the Committee’s full report and recommendations in due course.

The 2022-23 prison staff pay award was announced in July 2022. It represented a significant investment in the workforce. Alongside an increase in base pay of at least 4% for all staff between bands 2 and 11, we targeted further pay rises for our lowest-paid staff of up to £3,000.

The probation service is in its second year of a multi-year pay deal for staff. Salary values of all pay bands will increase each year, targeted at key operational grades to improve what has been a challenging recruitment and retention position. The pay increases differ for different job roles, but to provide an example, probation officers will see their starting salary rise from around £30,200 in 2021-22 to a little over £35,000 by 2024-25.

Let me respond briefly to some of the individual points made by colleagues during the debate. The hon. Member for Hammersmith (Andy Slaughter) asked about crowding in prisons. The most recent statistics show crowding at 20.6% in the estate; by way of comparison, in 2009, that figure was 25.3%.

My near neighbour, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), raised the horrific crime of overkill. I have heard what she says and I will pass on those points within the Department.

I commend the right hon. Member for Hayes and Harlington (John McDonnell) for his close association and work with the Prison Officers Association. I confirm that I will continue to look forward to speaking with the Prison Officers Association and other staff bodies throughout the Prison and Probation Service. He was right to identify the centrality of safety and security in people’s experience of work. I reassure him that we measure those things centrally through the key performance indicators that we have in prisons.

Multiple Members rightly talked about rehabilitation. Specifically on the question about education providers asked by the hon. Member for Hammersmith, it is true that there are four education providers contracted to provide education services through the prison system. However, there is also a flexible fund that enables individual governors to draw down funds to make supplementary provision in certain ways. It is important that we get a blend—that we are able to respond to local conditions and the specifics of a prison population, and have some commonality in the provision and in the qualification studies.

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[Sir Robert Neill]

I am very grateful to all who have taken part in this important and valuable debate. I just wish more people had been here to hear it, but I hope that they will read at least some of what was said, because the issues raised by hon. Members on both sides of the House are important. They include the condition of prisons, and the issues raised by the right hon. Member for Hayes and Harlington (John McDonnell) and the hon. Member for Hammersmith (Andy Slaughter) on the legitimate concerns of the staff in our prisons, which should not be ignored. The points made by my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) about families are also critical. I, too, look forward to the report of the Wade review.

There are positive things happening and there were positive suggestions from both Front-Bench teams. In some ways, we should try to find a more consensual approach to some issues of prison policy, because to put it right will require an approach that will span the lifetime of more than one Parliament. It is an important challenge, and I am grateful for the time for this debate today.

Question deferred until tomorrow at Seven o’clock (Standing Order No. 54).