HMPPS Update

Baroness Winterton of Doncaster Excerpts

Thursday 7th September 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before we come to the statement, I remind the House that the individual in question has been charged with criminal offences, and that the House’s sub judice resolution applies to those charges. Members should therefore take care to avoid referring to the details of those charges or saying anything that assumes the guilt or innocence of the individual concerned.

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

Thank you, Madam Deputy Speaker. With your permission, I would like to make a statement on the escape from HMP Wandsworth yesterday morning, Wednesday 6 September, of a prisoner by the name of Daniel Abed Khalife.

Daniel Khalife was remanded in custody at HMP Wandsworth on 28 January this year, having been charged with offences alleged to have taken place in 2021 while he was serving in the armed forces. As you have already indicated, Madam Deputy Speaker, the House will understand that, while a live criminal investigation is in progress, there are limits on what I can properly say. Daniel Khalife will be caught in due course and will face a trial. Nothing should be said in this House or elsewhere that might prejudice those proceedings, so let me assist the House with what I can say.

At approximately 7.30 am yesterday, a vehicle that had made a delivery to the prison’s kitchen left HMP Wandsworth. Shortly afterwards, local contingency plans for an unaccounted prisoner were activated and, in line with standard procedure, the police were informed. The prison was put into a state of lockdown while staff attempted to determine Daniel Khalife’s whereabouts. The vehicle was stopped and searched by police after the alert was raised. Strapping was found underneath the vehicle, which appeared to indicate that Daniel Khalife may have held on to the underside of it in order to escape. The search is under way. His Majesty’s Prison and Probation Service is giving every assistance to the Metropolitan police’s operation to recapture Daniel Khalife and return him to custody. As has been made clear by the Metropolitan police, there is no reason to believe he poses a threat to the wider public.

Yesterday, when I was first briefed on this grave security breach, I spoke to the governor of HMP Wandsworth and senior HMPPS leaders to establish what was known about the escape and seek assurances about the immediate measures being taken to ensure the security of the prison. I made clear then, and I reiterate now, that no stone must be left unturned in getting to the bottom of what happened. Who was on duty that morning, and in what roles, ranging from the kitchen to the prison gate? What protocols were in place, and were they followed? Secondly, I have ordered an investigation into the categorisation decision by HMPPS: were all relevant matters taken into consideration in determining where in the custodial estate Daniel Khalife should be held? In both cases, I have asked for the preliminary findings to be with me by the end of this week. An assessment will then be made of what can properly be put into the public domain. I have also decided that there will need to be an additional independent investigation into this incident, which will take place in due course.

I now turn to the wider prisoner cohort held by HMPPS. In the light of these events, I have ordered two urgent reviews: first, into the placement and categorisation of everyone held in HMP Wandsworth and, secondly, into the location of all those in the custodial estate charged with terrorism offences.

Let me turn now to the issue of prison security. As the House will no doubt be aware, escapes from prison are extremely rare and the numbers have declined substantially in the last 10 to 15 years. This has been due in considerable part to sustained investment in improved physical and intelligence security. That includes investment of £100 million in the period since 2019 on measures, such as enhanced gate security with X-ray body scanners, which has driven up the finds of drugs, weapons and other contraband, including tools that could be used to aid an escape from prison. HMPPS has also enhanced intelligence and anti-corruption operations in prisons, working more closely than ever with partners, including the intelligence agencies. This has involved productive initiatives, such as setting up the joint counter-terrorism prisons and probation hub.

Daniel Khalife will be found, and he will be made to face justice. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Secretary of State.

--- Later in debate ---

[Alex Chalk]

I begin by welcoming the hon. Lady to her place, and I will try to address the points she raises. I was pleased to hear her remarks about not wanting to prejudice a future trial, because we must keep in mind that escape is a criminal offence. She asks whether there will be inquiries into the staff on duty and the quality of training. Absolutely; that is precisely what I have asked to take place. She asks whether additional expertise is in place. Yes, that is already in place in Wandsworth at the moment, assisting with the investigation. As I indicated in my opening remarks, I want to know who was on duty in the kitchens and at the gate, what protocol was in place, and whether it was applied. If it was not applied, why not? Those are all questions I have asked, and she can be assured that they will be answered.

On timing, I have already indicated that I want to have the preliminary answers on my desk by the end of this week. I will then be able to make a decision, considering all relevant information, about what can be put into the public domain. However, we have to proceed carefully and on the basis of evidence. I say that because the hon. Lady raised a question that was factually incorrect. She asked why Daniel Khalife was “moved from Belmarsh”, but he was never in Belmarsh. With respect, it is important that we do not proceed on the basis of misinformation, and I hope I make that point clear. I absolutely understand the proper public interest and points that are being raised. That is fine, but if the hon. Lady needs to ask me any questions about matters of detail, she has my number and she can call.

On who is held on the category B estate, that is exactly what I have asked of the inquiry that has been set up. I mean no discourtesy, but I think the hon. Lady may have misunderstood what I was suggesting by means of an inquiry. This is not an inquiry into the number of prisoners in Wandsworth, which is a matter of public record; this is about whether the right people are in Wandsworth, and whether those Wandsworth prisoners should be there or elsewhere. That is what needs to be answered.

On the independence of the investigation, of course that is right, and that is precisely why I have ordered it. In summary, this is a grave incident—the hon. Lady is right about that, and plenty of the points she raises are perfectly legitimate and we will get answers as quickly as possible. But we need to proceed on the basis of evidence, coolly and calmly, so that when Daniel Khalife is caught, as he will be, he will be brought to justice and justice will be done.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Justice Committee.

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

I thank the Secretary of State for his statement, for his courtesy in giving me notice of it, and for the characteristic thoroughness and care with which he has approached this matter. He is clearly going into the detail in a careful and measured fashion, which is the right approach. I also congratulate the shadow Secretary of State and welcome her to her post.

First, the Secretary of State has accepted the need for an independent element, and the Justice Committee has more than once referred to the need to avoid the Prison Service marking its own homework. Will he bear in mind in that regard the work that has already been done by His Majesty’s chief inspectors of prison and probation in relation to Wandsworth and other prisons? They have real expertise, and I hope he will avail himself of it.

Secondly, in relation to his wider inquiry into the prison situation, when on the face of it there has been a significant improvement in gate security, the failure of gate security on this occasion is all the more alarming. It is a matter of record that there is an issue with staffing at Wandsworth and with retaining experienced staff across the Prison Service. We have a large number of comparatively inexperienced staff. Evidence submitted to the Justice Committee’s inquiry on the prison workforce demonstrates concern over levels of training in some establishments. Will the Secretary of State make sure that those points are fully taken on board as part of a serious review of prison workforce on the back of this?

[Alex Chalk]

My hon. Friend is right to draw attention to these matters. As I have indicated, the inquiry must take its course and the issue of staffing will no doubt be considered. Necessarily, we cannot go into a huge amount of detail, but what I can say is that in all prisons staff take on different roles. On the specific issue of staffing at the security end of the prison, the positions were staffed and the security posts were occupied. The question is whether protocols were applied, and indeed whether people did what was expected of them under those protocols. We need to get to the bottom of that urgently.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

I thank the Secretary of State for advance sight of his statement. My party hopes Khalife will soon return to custody. Leaving aside the extraordinary manner of the details of the escape, some more immediate questions arise. Mr Khalife may have been believed to pose a low risk to members of the public, but he was clearly thought to present a considerable risk to his service colleagues and to national security. As such, it will strike people as extraordinary that he was being held under category B conditions, rather than category A, pending any trial.

What is more extraordinary is that prison inspectors reported concerns in January last year about the measures in place at Wandsworth to prevent escapes, after finding what they believed to be potential shortcomings in physical aspects of security locally on site. It was also alarming to hear the former head of security at Wandsworth, Ian Acheson, on the radio this morning saying that, on any given day, some 30% to 40% of frontline staff are unavailable for duty at the prison.

The Prison Officers Association has highlighted that some £900 million has been stripped out of prison budgets in England and Wales since 2010, which will leave more prisons than just Wandsworth overcrowded and under-resourced. The Prison Officers Association’s national chair has called this morning for an urgent review of how prisons across England and Wales are run. I appreciate that the Secretary of State has announced two separate strands of inquiry from the Dispatch Box, which I am sure will be welcomed, but will he expand the scope of his questioning to allow for that inquiry into how the Prison Service across England and Wales is run, in the light of the concerns that have been expressed?