Prisons Policy/HMP Long Lartin

Debate between Sam Gyimah and Philip Davies

Thursday 12th October 2017 Commons Chamber

[Mr Gyimah]

That is a very interesting question. As a former Minister, the right hon. Gentleman will be aware that it is not for the Minister to pronounce on sentencing policy at the Dispatch Box. Of course, we want to reduce the prison population, but one of the best ways to do that is to reduce reoffending rates and to end the conveyor belt into crime by intervening before people end up in custody. That is more effective than arbitrarily letting people out of prison.

[Philip Davies (Shipley) (Con)]

If the Minister wants a zero-tolerance approach, may I suggest he change the law so that anybody involved in riots in prisons or assaults or attacks on prison officers is no longer eligible for early release but has to serve the full sentence handed down by the courts? That would give prison officers some of the support they deserve and would perhaps act as a deterrent to these appalling kinds of behaviour.

[Mr Gyimah]

My hon. Friend has asked this question of me a number of times. He will be aware that a prisoner who is a perpetrator of a crime in prison will be prosecuted for that specific crime and, if convicted, will serve that sentence, and that has certainly happened in the case of the perpetrators of the Birmingham riots last year. That is a fair and just way to deal with this kind of situation.

Guardianship (Missing Persons) Bill

Debate between Sam Gyimah and Philip Davies

3rd reading: House of Commons & Report stage: House of Commons
Friday 24th March 2017 Commons Chamber

[Philip Davies]

Yes, that is right. If I did mislead the House, I certainly did not intend to. I thought I had made it clear that it was a maximum of four years, but if I did not, I apologise to my right hon. Friend and to the House. He is right: it is a maximum, and it does not need to be exactly that. However, that does not necessarily overcome the point made by my hon. Friend the Member for Christchurch (Mr Chope) that a decision for four years could be made in good faith and is then superseded, possibly causing an issue.

Again, I pray in aid the consultation on these matters. It received a range of views on the appropriate duration of guardianship appointments. Two respondents said they agreed with the proposed maximum term of four years, while there were suggestions from four other respondents, including for a shorter period of just one or two years, with one proposal of eight years. Perhaps my hon. Friend the Member for Thirsk and Malton is saying that we should split the difference and go for four years, and that is the consensus—I do not know. As I said, there are examples in other countries. In Victoria and the Australian Capital Territory, the administrator or manager is appointed initially for up to two years, which can be extended for a further two years. I wonder whether that might have been a more sensible way of going about it. It is the same in Irish law, with an initial two years that can be extended for a further two years. That might be better than a straight four years right from the word go.

My amendments are in no way seeking to cause any problems for the Bill; they are simply to give it some scrutiny that up to this point it has not had, as I am sure my hon. Friend will be the first to concede. Legislation does deserve some scrutiny, particularly when it is as meaty as this. I look forward to his and the Minister’s response to the issues I have raised and their explanations for some of the details in the Bill.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

I am keen for this Bill to progress.

Amendment 1 relates to the definition of when a person is missing for the purposes of the Bill. The amendment would remove clause 1(4), which relates to the absence of the missing person. Without that subsection, it would be unclear whether, for the purposes of the Bill, the person detained in prison or otherwise would be treated as being

“absent from his or her usual place of residence and usual day-to-day activities.”

Amendment 2 addresses a different aspect of the question of whether a person is missing for the purposes of the Bill. First, the Bill already provides in clause 20(1) that the application must be advertised in accordance with the rules of the court. The subsection provides that

“notice of the application and any other information specified by rules of court”

must be sent

“to the persons specified by rules of court”.

Secondly, the procedure for hearing the application will be governed by rules of court. Those rules have not yet been written, but they will specify the information that needs to be provided to the court with the application. That is likely to include a requirement that the application is supported by evidence of the various issues on which the court must be satisfied before it can make a guardianship order in accordance with the Bill.

Oral Answers to Questions

Debate between Sam Gyimah and Philip Davies

Tuesday 24th January 2017 Commons Chamber

[Philip Davies (Shipley) (Con)]

3. What recent assessment she has made of the effectiveness of fixed-term recalls.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

An offender who is assessed as presenting a high risk of serious harm will receive a standard recall. Thereafter, they will be re-released before the end of their sentence only if the risk they pose is reduced and they can be safely managed in the community. In cases that are not high risk, however, a fixed-term recall is often a more appropriate response.

[Philip Davies]

It is bad enough that prisoners are automatically released halfway through the sentence, whether or not they still pose a risk to the public, but when someone released on licence from prison then reoffends, surely the least the public can expect is that the criminals concerned are sent back to prison to serve the remainder of their prison sentence in full. Instead, a huge number of these people are simply recalled to prison for just 28 days on a fixed-term recall, sometimes on multiple occasions. How does the Minister justify this fraud on the British public?

[Mr Gyimah]

As I said, where a high risk is posed, the prisoner will not be re-released before the end of their sentence. Offenders on licence who are charged with a further offence and assessed as presenting a high risk of serious harm receive a standard recall. If they are convicted of a further offence, they get a fresh sentence.

Oral Answers to Questions

Debate between Sam Gyimah and Philip Davies

Tuesday 6th December 2016 Commons Chamber

[Mr Gyimah]

As my hon. Friend the Parliamentary Under-Secretary of State for Justice said, every death in prison is a tragic one. Such people are in the care of the state, and we have to make sure that we take good care of them in that respect. I am willing to look in more detail at the situation that the hon. Gentleman has outlined.

[Philip Davies (Shipley) (Con)]

As I have mentioned on a number of occasions, there is no real incentive for prisoners to behave themselves in prison because of the law introduced by the previous Labour Government that prisoners have to be released halfway through their sentence irrespective of how badly they behave or whether they are still a danger to the public. I am still waiting for the Government to give an explanation of why they think this law should still be on the statute book, and I have yet to receive a satisfactory response. Will the Minister now give us the reason why, by law, prisoners should be released halfway through their sentence irrespective of how badly they behave or whether they are still a danger to the public?

[Mr Gyimah]

My hon. Friend raised this issue at the Select Committee last week, and I will give him the same answer I gave then. When prisoners are released, even at the halfway point, they remain on licence, and if there is a breach of the licence, they are recalled to prison. That remains the case.

--- Later in debate ---

[Philip Davies]

Thank you very much, Mr Speaker.

When the previous Labour Government changed the law so that prisoners had to be released halfway through their sentence irrespective of how badly they behaved or if they were still a risk to the public, the then Conservative Opposition were apoplectic and voted against the change. Do the Government think that the then Conservative party was wrong to oppose that change in the law?

[Mr Gyimah]

I refer my hon. Friend to the answer I gave earlier today and last week to the Select Committee.

Sexual Offences (Pardons Etc) Bill

Debate between Sam Gyimah and Philip Davies

Friday 21st October 2016 Commons Chamber

[Mr Gyimah]

I have done a number of these private Members’ Bills on Fridays, and it is very unusual to be doing one where the choice before the House is not the private Member’s Bill or no Bill at all, but the private Member’s Bill or a legislative vehicle—the Police and Crime Bill—that will help us achieve our aims much faster so that we can deliver justice. However, there is also an important point. It is not for nothing that they say, “You campaign in poetry, but you govern in prose.” Intentions are not good enough when it comes to making law; we have to think through the unintended consequences of law, and that is what the Government’s approach tries to do.

[Philip Davies]

Perhaps the Minister would also like to make the point that if 100 MPs out of 650 had turned up to support the Bill, it would have got its Second Reading without any trouble at all. The problem is that it does not have the support of 100 MPs.

[Mr Gyimah]

We did not have 100 MPs go through the Division Lobby earlier. We have also had a substantial debate in which people in favour of the private Member’s Bill have spoken for well over three hours.

Prison Safety

Debate between Sam Gyimah and Philip Davies

Thursday 15th September 2016 Westminster Hall

[Mr Gyimah]

I, as well as NOMS, am in constant contact with the governor, to work with him to do what is appropriate and what works in order for the prison to function as well as it should.

More broadly on education reform, the recommendations made by Dame Sally Coates have been mentioned. We remain committed to improving prison education and supporting offenders into meaningful employment. We want to learn from the good practice that already exists in our system, such as the recently reported efforts at HMP Swaleside, where there is an ambition to change how education is delivered in prison. The prison’s A-wing is being redeveloped to create an education academy, with the hope that inspiring prisoners to learn will empower them and stop them reoffending.

A number of steps have already been taken to get prison reform under way. Six reform prisons went live on 1 July. The four executive governors, who have been unshackled, took control of their budgets and are now empowered to run their prisons as they see fit, which includes delivering bespoke services and having the option to move away from central contracts and policies.

I have seen for myself what is going on at HMP Coldingley. Contrary to some of the pictures that have been painted, every offender has a job in one of the impressive workshops at that industrious jail, and the governor, Nick Pascoe, is working closely with the community and with rehabilitation companies to help former prisoners even once they have left his care. HMP Wandsworth, which was also mentioned in the debate, is piloting a new “recruit in a day” scheme, which will radically speed up the process of getting new officers into the prison. In addition, HMP High Down has introduced a “recommend a friend” scheme to incentivise current officers to promote available roles to friends and family.

I will turn to a number of points raised in the debate before I bring my speech to a close. One was about our confidence in being able to deliver the estates programme. The Secretary of State will roll out the details, but, to provide assurance, we have closed 15 prisons in the past 10 years. There have also been two partial closures and two re-roles to immigration and removal centres. The Department has got quite good at ensuring that we can close down old prisons and open new ones, such as HMP Berwyn—new for old. As I said, the Secretary of State will set out the detail shortly, because that is a Government commitment.

My hon. Friend the Member for Shipley made a number of points, one of which I will tackle: offenders being released halfway through their sentence. If someone has been sentenced to 10 years, they are eligible for release at five, which is a particular concern of his. I remind the House that, even in those instances, that person remains under licence, so the system still has a hold over them, and if they were to reoffend they would go back to prison. If someone were sentenced to five years, served five years and then left, we would not have any hold over them at all. I want to put that to him as a point of clarification and to add nuance to the point I made earlier.

[Philip Davies]

rose—

[Mr Gyimah]

I knew that my hon. Friend was going to intervene.

[Philip Davies]

The Minister is giving the impression that if someone is sent to prison for 10 years and are released after five, if they commit another offence they will go back to prison for the remaining five years. If that were the case, some of us may not feel so strongly about it. However, as he well knows, they do not; they go back in for a fixed-term recall of 28 days, which is pathetic. There is not the great deterrence that he suggests.

[Mr Gyimah]

If they commit another offence, they will not only go in for a period of time but serve the sentence for the new crime they have committed. My hon. Friend suggested that somehow we are managing the prison population to an arbitrary figure, which is simply not the case. Our job, as I said, is to deliver the orders of the court.

On rehabilitation, on which I would say my hon. Friend has quite an exotic view, if we are to be a country that works for everyone, we have to fix prisons. That is particularly important.

--- Later in debate ---

[Philip Davies]

I will give the Minister the same test I gave the shadow Minister. Is he telling me that he thinks it is absolutely right for a prisoner to have to be released by law halfway through their sentence, irrespective of how badly they have behaved in prison and whether they remain a danger to society? As a Conservative Minister, does he think that is right?

[Mr Gyimah]

What is right is that, before any prisoner is released, there is a careful assessment of the risk they pose to society. That risk assessment is the most important thing—obviously within the confines of the sentence handed down to them by the courts.

Improving safety and reform are two sides of the same coin. We want to empower governors to tackle the challenges they face and support them to run regimes in which they can facilitate the rehabilitation of offenders in a modernised estate. However, if we are to do that, first and foremost prisons need to be safe, decent and secure places to live and work. The ministerial team understands that, and the Government are aware of it.

I am grateful to the Justice Committee for its scrutiny and its report. If there are any points that I have not covered in my speech, I will be happy to deal with them afterwards. I look forward to scrutiny in the weeks and months ahead and to discussing detailed plans to ensure that our prisons are safe and secure places.

Compulsory Emergency First Aid Education (State-funded Secondary Schools) Bill

Debate between Sam Gyimah and Philip Davies

Friday 20th November 2015 Commons Chamber

[Philip Davies]

You are absolutely right, Mr Deputy Speaker: it is not about the time. Time carries on, and we carry on with our speeches; time will sort itself out.

As for the flexibility and support that schools have regarding first aid, the Minister for Schools made it clear—we should put this on the record—that there is nothing to stop schools teaching first aid. He said in a parliamentary answer:

“Schools are free to teach emergency life-saving skills and may choose to do so as part of personal, social, health and economic education. The Department…is encouraging schools to purchase …defibrillators…We have also published a guide to defibrillators on school premises”.—[Official Report, 19 January 2015; Vol. 591, c. 17-18.]

The Department has made it clear that schools are already free to do this, and that it does not need to go any further. I also point out that as of 13 November this year, 787 defibrillators have been purchased under the Government’s scheme, so to say that the Government are doing nothing to assist in this area would be completely wrong and misleading. There is an awful lot being done. Much more can be achieved by continuing down a voluntary route than could be achieved by trying, in a ham-fisted way, to mandate things that never seem to work as envisaged.

It is worth pointing out that in May, the Department announced that St John Ambulance would receive more than £250,000

“to build a nation of young first aiders who are resilient, confident and motivated.”

That is part of the Government’s £3.5 million character grant scheme, through which St John Ambulance is training

“600 champions…and 31,500 pupils selected for first aid training, supporting 100,000 pupils… overall. 100 new cadet clubs will also be set up.”

That is a much more valuable way of going about this. An awful lot is being done to give children as much easy access to first aid resources as possible without interfering in the role of schools and teachers.

I acknowledge the fantastic work that school staff members throughout the country do to ensure the safety of children at school. Schools routinely include the needs of pupils when making their first aid needs assessment for staff, and when putting appropriate provision in place. The number of qualified first aiders required will be a part of the school’s first aid needs assessment, and will be based on local circumstances, so it is not as if the provision of first aid in schools is inadequate and we need the measures in the Bill; that is already catered for.

This issue touches on the question of what a school’s role is, and should be; the proposer of the Bill started to go down this route in her argument for the Bill. I think my hon. Friend the Member for Cirencester talked about schools’ roles, too.

[The Parliamentary Under-Secretary of State for Education (Mr Sam Gyimah)]

It was my hon. Friend the Member for Chippenham (Michelle Donelan).

[Philip Davies]

I apologise, it was my hon. Friend the Member for Chippenham (Michelle Donelan); the Minister is absolutely right. Over the past few decades, there has been a huge change in the perceived role of schools, and parents and politicians have placed increased responsibility on schools. They are now expected to assume responsibility for ensuring that children leave with a rounded education. That includes teaching children about personal and sex education, bullying, mental wellbeing, and society as a whole, as well as teaching them traditional subjects such as maths and science—and Latin, for the benefit of my hon. Friend the Member for North East Somerset.

Personal, social, health and economic education, although a non-statutory subject, is common in school timetables across the country. In primary and secondary schools, it takes an average lesson of 30 minutes or an hour in the weekly calendar, and is an established part of the school day. Despite the fact that the Government should be reducing the regulatory burden on schools, across the country, teachers are expected to assume a pseudo-parental role. We say to parents, “Don’t worry about how you bring up your children, what you enter them in for, or encouraging them to do things, because we’ll cover it all for you.” That is a bad way for the country to go. We should put more responsibility on parents to sort out extra-curricular activities for their children, and less on schools. We are encouraging parents to abdicate their responsibilities. It should be my role to encourage my children to do things out of school that may enable them to get first aid training; we should not always say that it is the school’s responsibility.

A serious effect of the Bill is that it will take up time in the curriculum. Across the UK, and specifically in the district where my constituency is, Bradford, there are too many failing schools. In those circumstances, it is not appropriate to expect either teachers or students to focus on a completely new subject area when, in too many instances, basic maths and English are not up to standard. Recent Ofsted reports highlighted some of these issues. Of one school that received an “inadequate” rating, Ofsted said:

“Students have weak literacy, communication and numeracy skills.”

Against that backdrop, if an extra half-hour, hour or two hours of study should be done during the school day, perhaps focusing on the weak literacy, communication and numeracy skills would be a far better use of students’ time. That may not be the case everywhere, but that is why we have to leave the decision to teachers. When there is extra time in a school, surely it is teachers who know what a pupil would do best to focus on for half an hour, an hour or two hours.

In many schools in Bradford, it is perfectly clear that spending extra time on English would be far more beneficial than a two-hour course in first aid, regardless of whether that is worth while. Some of Bradford’s examination results are extremely poor. In fact, Bradford is one of the most failing local education authorities in the country. Surely we have to get our priorities right for those schools. Many of the teachers in those schools are working incredibly hard to turn them around. They need the support and encouragement to enable their school to give extra tuition in English and maths—those are things that they are trying to do. The last thing they need is for this House and the Government to come in with a sledgehammer and say, “I know you’re really trying to turn around the maths and English qualifications of your pupils, but forget about spending half an hour, or a couple of hours, doing that; your pupils have to do first aid training.” That is why these decisions are best made locally.