Oral Answers to Questions

Debate between Sam Gyimah and Yasmin Qureshi

Tuesday 31st October 2017 Commons Chamber

[Mr Gyimah]

In prisons across the estate, including Kirkham, we are empowering governors by giving them control over their budgets and holding them accountable for training and education outcomes so that we enable them to deliver rehabilitation.

[Yasmin Qureshi (Bolton South East) (Lab)]

The family courts are full of people representing themselves. The new President of the Supreme Court, Lady Justice Hale, has described the Government’s legal aid reforms as a “false economy”. Does not the Minister agree that restoring early legal aid would not only reduce the number of cases coming to court, but save court time? Will he guarantee that the legal aid review will include an analysis of the cost to the rest of the legal aid system that has resulted from the Government’s abolition of early legal aid?

Oral Answers to Questions

Debate between Sam Gyimah and Yasmin Qureshi

Tuesday 25th April 2017 Commons Chamber

[Mr Gyimah]

We have looked very carefully at the lessons from Northern Ireland in setting up the separation centres that we announced last week. There are significant differences between what is happening in England and what happens in Northern Ireland. No prisoner will default to a separation centre. Ending up in a separation centre will be the result of a prisoner’s behaviour behind bars, and they will be selected by a panel that has been told about their behaviour. The panel will decide where those prisoners go in the prison system, so there are appropriate safeguards in place.

[Yasmin Qureshi (Bolton South East) (Lab)]

These units will affect only a small section of the prison population, but the rising lack of safety in our prisons is itself a potential breeding ground for extremism. Has the Secretary of State considered the extent to which that environment of violence has contributed to extremism?

[Mr Gyimah]

The hon. Lady is right; the separation centres will hold 28 prisoners, and our evidence suggests that that is sufficient. We have a broader strategy to deal with extremism in our prisons, which includes support to imams, looking at religious texts and a range of education programmes to deal with the challenge of extremism in our prisons.

[Yasmin Qureshi]

It is understood that the prisoners designated for these separation units will be able to appeal against that decision, and their places in the units will be reviewed every three months. Given the Court of Appeal’s recent decision that denying legal aid to many prisoners is unlawful, will these individuals have access to publicly funded legal advice?

[Mr Gyimah]

We are considering the result of that Court of Appeal case, and the Government will make their position known on it. As part of due process in prisons, if an individual is selected to go into a separation centre, it is of course right that the panel tells them why they have been selected and allows them to make representations.

Prisons and Courts Bill (Fourth sitting)

Debate between Sam Gyimah and Yasmin Qureshi

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

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

Welcome to the Chair, Mr Stringer. I explained earlier that we are making changes to what Her Majesty’s inspectorate of prisons is required to report on. The chief inspector will continue to set his own inspection criteria, but in addition the inspectorate, when preparing inspection reports, must have regard to the statutory purpose of prison, which is set out in the Bill. It must also report on leadership.

Amendment 18 would require the chief inspector to report on procedures relating to prisoners’ rights. We have discussed how the Bill gives statutory recognition of the inspectorate’s role in relation to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment. OPCAT is about preventing ill treatment of prisoners and HMIP draws on OPCAT in setting out its inspection criteria.

Furthermore, section 5A of the Prison Act 1952 already requires the chief inspector to report on the treatment of prisoners and conditions in prisons. The current inspection framework focuses heavily on prisoner rights. One of the four HMIP “healthy prison tests” is “Respect”, which assesses how far prisoners are treated with respect for their human dignity. Prisoners’ rights are therefore already central to the work of the chief inspector.

Amendments 19, 20 and 21 relate to responses provided by the Secretary of State to inspection reports. We want to increase the impact of the inspectorate and we want inspection reports to lead to improvements. Amendment 19 seeks to shorten the time taken by the Secretary of State to respond to an inspection report, from 90 days to 60 days. Although I am sympathetic to the intention behind the amendment, which is to ensure a timely response to inspection reports, I would not want that to compromise action needed to implement recommendations.

Some inspection reports have around 80 recommendations, which involve contributions from prisons, policy leads and other providers, such as NHS England. It can take time to evaluate inspection reports and then to put in place meaningful responses to them, particularly if recommendations relate to services that are not directly provided by the Prison Service, such as health.

Of course, that does not mean that action is not taken before 90 days. Where a report highlights matters of concern, those matters will start to be addressed immediately. The 90-day limit to respond to inspection reports is informed by current practice. It enables thorough responses to be given to what are serious and detailed reports.

Amendment 20 seeks to shorten the time for the Secretary of State to respond to an urgent notification from 28 days to 14 days. I must stress that of course action will be taken from day one of an urgent notification by the chief inspector, but immediate energy should be focused on securing improvements rather than drafting a report. We consider that 28 days is an appropriate period, first to take action and then to present the steps that were taken through a report.

Finally, amendment 21 would require responses to inspection reports by the Secretary of State to set out actions that have been taken or that will be taken to address concerns. We consider that that is already covered by subsection 2(6), which requires the Secretary of State to provide a response to recommendations made by the inspectorate. It will be clear from such a response what actions are planned.

Having given these assurances that prisoners’ rights will be central to inspections and that we will act immediately when significant concerns are highlighted, I ask the hon. Lady to withdraw the amendment.

[Yasmin Qureshi (Bolton South East) (Lab)]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Yasmin Qureshi]

It is a pleasure to serve under your chairmanship, Mr Stringer.

I will speak to amendment 22 as well as speaking on behalf of the hon. Member for Dwyfor Meirionnydd, who tabled amendment 7. The amendments would enable the inspectorate to enter prisons at any time. At the moment there is no guarantee that it has access to an establishment at the time of its choosing. Clearly that is unacceptable, and it must change. Different duties are performed in prisons at various times of the day and night, and it is important that the inspectors be allowed in to observe the policies and procedures of the prison regime at all times. It is important for that to be codified in law.

Amendment 7 would ensure that the chief inspector had the necessary powers to obtain information about staffing levels, education programmes, rehabilitation programmes and reconviction rates. Again, that is important because those are crucial markers showing whether a prison fulfils its statutory purposes. They are rightly of concern to the inspectorate, which should be able to get the information.

[Mr Gyimah]

The Bill gives the inspectorate new powers to enter prisons and to request information so that they have the right tools to do their job. That brings it into line with other inspection bodies that already have such powers. Although the inspectorate currently enjoys good co-operation with prisons, the powers put it beyond doubt that it can request information to complete its inspections.

Amendment 22 is intended to make it clear that the chief inspector may enter a prison at any time. We agree that that is an important requirement for an independent inspectorate. We consider that access to be implicit in the clause, which reflects the fact that inspections can be conducted unannounced.

The purpose of amendment 7 is to make it explicit that the chief inspector can request information on specific areas such as staffing levels and literacy programmes. Paragraph 2 of new schedule A2 to the Prison Act 1952 requires any person who holds relevant information to provide it to the chief inspector. “Relevant information” is defined in paragraph 4 of new schedule A2 as information needed for the inspection that

“relates to the running of a prison, or to prisoners detained in a prison”.

The definition is therefore sufficiently broad to capture the information described in amendment 7.

We agree that the inspectorate should be able to get the information and access that it needs. Given those assurances, I ask that the amendment be withdrawn.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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[Mr Gyimah]

Yes, I am always open to representations on specific cases, although decisions are made by the independent Parole Board. Where there are challenges in the system that hon. Members become aware of, I am open to receiving representations and will look into them. Obviously, in order to speed up the process, the board has increased its capacity and is successfully tackling delays in the listing of cases. We are making sure that IPP prisoners have access to accredited offending behaviour programmes where appropriate and ensuring that such programmes can be delivered more flexibly, so that prisoners with particular complex needs, such as those with learning difficulties, can have greater access. I should mention, in particular, the progression regime at HMP Warren Hill, which has proved very successful, with 77% of IPPs who have had an oral hearing under the regime achieving release. The potential for additional places within the progression regime is currently being explored, with the aim of improving the geographical spread of places, including in the north of England.

All these measures are already having a significant beneficial impact on the IPP prison population and are facilitating the release of prisoners where the Parole Board is satisfied that their detention is no longer necessary for the protection of the public. These diverse measures, and the evidence that they are working, shown by the current highest-ever release rate, demonstrates that a report of the sort proposed by the hon. Member for Bolton South East is simply not necessary, and I therefore ask her to withdraw the amendment.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Clause 3 ordered to stand part of the Bill.

Clause 4

The Prisons and Probation Ombudsman

--- Later in debate ---

[Yasmin Qureshi]

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

Amendment 8 would give the ombudsman the functions of

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

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

[Mr Gyimah]

Before dealing with amendments 30, 8 and 31, I will speak about some of the broader policy objectives of clause 4. The prisons and probation ombudsman was established in 1994 as the prisons ombudsman, following Lord Woolf’s public inquiry into the Strangeways prison riots. Over the years, its role and remit have expanded, but despite many calls for it to be put on a statutory footing that has yet to happen.

The ombudsman plays an essential role, not only by providing an independent avenue for complaints, which can be a source of great tension for prisoners, but by investigating deaths in custody, the numbers of which are worryingly high, as all hon. Members will be aware. There have been long-standing commitments from successive Governments to put the ombudsman into legislation, and statutory status has been widely supported by stakeholders, including the Joint Committee on Human Rights and the Harris review. I am pleased that we can finally establish the office in legislation.

I should say that the ombudsman is part of a much broader response to the record high levels of self-inflicted deaths and self-harm. We are redoubling our efforts to make prisons places of safety and reform for those at risk. The actions that we are taking include rolling out new training across the estate to support our staff in identifying the risks and triggers of suicide and self-harm and understanding what they can do to support prisoners at risk; putting in place specialist roles—regional safer custody leads—in every region to provide advice to prisons and to spread good practice on identifying and supporting prisoners at risk; and developing our partnerships with experts, including by providing extra funding for the Samaritans to provide targeted support to prison staff and to prisoners directly. All that is in the context of an extra 2,500 staff and the roll-out of new ways of working that I have already set out, which will enable individual prison officers to manage a caseload of about six prisoners each. That extra capability will enable staff to support at-risk prisoners more effectively and will enable prisons to run more predictable regimes, improving safety.

That is all happening without legislation; however, when a death occurs, it is right that it is investigated with the utmost seriousness. Having a statutory office will give the prisons and probation ombudsman more visible independence, permanency and stronger powers of investigation.

Amendments 8, 30 and 31 relate to the ombudsman’s remit. Amendment 8 would widen the remit of the ombudsman to include investigating

“attempted suicides…assaults…staffing levels…and effectiveness of rehabilitation programmes”.

There are already other routes of investigation or scrutiny for these matters. At present, there is no set category to capture data on attempted suicides because it is not possible to determine intent when someone resorts to self-harm. NOMS records all self-harm incidents in prison custody. A self-harm incident is defined as

“any act where a prisoner deliberately harms themselves, irrespective of the method, intent or severity of any injury”.

Nearly 38,000 self-harm incidents were reported last year, so it would be neither practical nor desirable for the ombudsman to investigate them all; however, they are taken very seriously. There are existing systems for treating the prisoner and for providing support through assessment, care in custody and teamwork. Where appropriate, prisons investigate internally and take relevant action.

Investigating assaults is done through adjudications or by the police, so it should not be a function of the ombudsman. In the safety and order section of prison performance standards, we have included a measure of the rate of assaults on prison staff, which we will supplement with an additional measure of staff perception of safety within the prison. Governors will be held accountable for the results that they achieve in reducing assaults on staff; the inclusion of this measure is designed to drive positive change and improve staff safety. Requiring the ombudsman to investigate the effectiveness of post-release arrangements would be a significant departure from its current remit and would overlap with the work of the probation inspectorate.

Clause 11 enables the Secretary of State to request the ombudsman to investigate other matters that may be relevant to the ombudsman’s remit. In the past, that has included the investigation of an attempted suicide and rioting at an immigration detention centre. The ombudsman therefore has flexibility to investigate wider matters, but that is intended for exceptional cases and not to duplicate other established routes for investigation. In conclusion, we do not believe that the amendment is necessary, as other provisions are already in place to cover the functions.

--- Later in debate ---

[Yasmin Qureshi]

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

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

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

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

[Mr Gyimah]

Amendment 24 relates to the appointment of the ombudsman. We have already debated the appointment of the chief inspector, and as the arguments are similar I will keep my comments brief.

Like that of the chief inspector, the appointment of prisons and probation ombudsman is subject to the Cabinet Office’s governance code for public appointments, which is regulated by the Commissioner for Public Appointments. It therefore follows an established transparent process for public appointments. We consider that the appointment of this critical role should rest with the Secretary of State, who is accountable to Parliament for prison and probation performance.

Like the appointment of the chief inspector, that of the prisons and probation ombudsman is subject to a pre-appointment hearing by the Justice Committee. The Justice Committee therefore already has a role in assessing its preferred candidate and providing its views to the Secretary of State. I hope Committee members agree that Parliament has an appropriate role in the public appointment process of the ombudsman, and I hope the hon. Member for Bolton South East is therefore content to withdraw the amendment.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 1 agreed to.

Clause 5

Investigations of deaths within the Ombudsman’s remit

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 6 and 7 stand part.

[Mr Gyimah]

Clauses 5 and 6 set out which deaths fall within the ombudsman’s remit for investigation. They should be read in conjunction with clause 20, which sets out which institutions are in scope. Clause 5 also requires the ombudsman to investigate any death of a person who at the time of their death was detained or resident in an institution within its remit. Clause 6 provides the ombudsman with a discretion to investigate deaths that occur when the person is no longer detained or resident in a relevant institution or immigration detention facility, or subject to immigration escort arrangements.

If the ombudsman is aware of the death of a person who has recently ceased to be detained in a place that is within his remit and has a reason to believe the person’s death may be connected with their detention, clause 6 allows him to investigate the death. The ombudsman will determine the extent of the investigation required according to the circumstances of the death. For example, a death that is clearly the result of natural causes may require less investigation than an apparently self-inflicted death.

Clause 7 refers to the position of the Lord Advocate, who leads the system of criminal prosecutions and the investigation of deaths in Scotland. It states that the Lord Advocate’s role as head of the system of investigation of deaths in Scotland is not affected by putting the ombudsman into legislation. That is relevant, because the ombudsman has a duty to investigate the deaths of those detained in immigration detention facilities or under immigration escort arrangements in Scotland. It is intended that the ombudsman will enter into a memorandum of understanding with the Lord Advocate to provide a clear framework for both officers to discharge their independent functions effectively.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clauses 6 and 7 ordered to stand part of the Bill.

Clause 8

Reports on deaths investigated by the Ombudsman

[Yasmin Qureshi]

I beg to move amendment 25, in clause 8, page 10, line 36, after “recommendations” insert “within 60 days”.

This amendment requires a response from the Secretary of State within a set timeframe when a Prisons and Probation Ombudsman report on a death makes recommendations.

[Yasmin Qureshi]

Amendment 25 would require the Secretary of State to respond within a set timeframe—we think 60 days is reasonable—after a prisons and probation ombudsman report on a death makes recommendations. Amendment 26 is also designed to elicit a fast response from the Secretary of State. Just as with Her Majesty’s inspectorate, the Secretary of State should be required to set out how he or she will respond to the recommendation of the ombudsman.

Amendment 27 is similar, requiring a response from the Secretary of State within a set timeframe when the prison and probation ombudsman reports on a complaint and makes a recommendation. We think that 60 days is a reasonable time for the Secretary of State to respond to that complaint. Amendment 28 is sequential to amendment 27 and requires a response from the Secretary of State to set out actions, because in reality there is no point in having a report if there is no response to set out actions that the Secretary of State will take. We believe that a response should be statutorily encompassed in the legislation and that it should be done within the relevant statutory framework.

[Mr Gyimah]

These amendments concern the Secretary of State’s responses to the ombudsman’s reports. Clauses 8 and 10 currently provide that a response must be provided within a period specified by the ombudsman. Currently, the ombudsman’s terms of reference establish a 28-day time limit for responses to the ombudsman’s recommendations to set out whether or not a recommendation has been accepted. In practice, the majority of the ombudsman’s recommendations are accepted and responses provided to this effect. We consider it preferable to retain flexibility for the ombudsman to set the time limit for responding by not providing a statutory timeframe for responses.

Finally, amendments 26 and 28 would require that responses to ombudsman reports by the Secretary of State must set out actions that have been or will be taken to address concerns. We consider this already covered by clauses 8(5) and 10(5), which require that the Secretary of State must provide a response to recommendations made by the ombudsman. It will be clear from such a response what actions are planned. I hope that hon. Members will agree that provisions are already in place for the ombudsman to require a response within a timescale that he thinks appropriate and for the Secretary of State to respond on actions to be taken. I therefore suggest that the amendment be withdrawn.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 8 ordered to stand part of the Bill.

Clause 9

Investigation of complaints by the Ombudsman

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 10 to 20 stand part.

--- Later in debate ---

[Yasmin Qureshi]

I beg to move amendment 29, in clause 21, page 19, line 34, at end insert—

‘(8) Before this section comes into force the Secretary of State shall—

(a) carry out a review of arrangements for prisoners to make telephone calls, the cost of such arrangements, the benefits of such arrangements, the level of charges to prisoners and options for providing an improved and more affordable service, and

(b) lay a report before Parliament containing the Secretary of State’s conclusions as a result of the review.”

This amendment requires a review of prison phone arrangements.

The reason for the amendment is that everybody accepts that when somebody is in prison they need to be able to communicate with their families. We recognise that mobile phones have also caused problems. In 2015, nearly 17,000 mobile phones and SIM cards were found in prisons in England and Wales. That was an increase from around 10,000 in 2014 and 7,500 in 2013. Since October 2015, data have been collated differently, so that direct comparisons cannot be made.

In 2016, there was a total of 8,813 reported incidents of mobile phone finds and 4,067 reported incidents of SIM card finds. Section 1 of the Prisons (Interference with Wireless Telegraphy) Act 2012 already allows the Secretary of State to authorise governors to interfere with wireless telegraphy to disrupt unlawful mobile phone use. Clause 21 would allow the Secretary of State to authorise PCPs—for example, telecoms and internet service providers—to interfere with wireless telegraphy in prisons.

The Serious Crime Act 2015 makes provision for prison staff or the police to apply to the courts for a telecommunications restriction order, to require a mobile phone network to stop the use of a phone remotely. Regulations under the Act came into force on 3 August 2016.

Fundamentally, the clause seeks to provide PCPs with greater independence to conduct interference. Limiting access to mobile phones is necessary. However, a central plank of rehabilitation is ensuring prisoners have sufficient controlled contact with the outside world. In discussion with former prisoner officers, we were told that a lack of access to telephones was a major cause of disturbances in prisons.

The Prison Reform Trust has stated that access to telephones is limited and relatively expensive, hindering rehabilitation. It has suggested establishing a mandatory minimum level of access to telephones. The health charity, Change Grow Live, said:

“We recognise that the use of mobile phones within the prison estate can have negative security implications, but we do believe this could be better managed by ensuring there is wider access to telephones within prisons, to enable prisoners to maintain contact with friends and families.”

The Royal College of Psychiatrists states:

“The Joint Commissioning Panel guidance for forensic mental health services in the NHS…recommends that family support and maintenance and re-establishment of family relationships should occur where possible.”

The Howard League states:

“Steps to increase access to legal methods of communication in prisons would have a much greater impact. Ensuring that prisoners can frequently access affordable payphones with a reasonable amount of privacy to make calls to their families would reduce the demand for mobile phones in prison.”

The Public and Commercial Services Union states:

“It is worth noting that these reforms are long overdue and unions have been arguing for this issue to be addressed for many years.”

We are asking for improved, controlled access to telephones, which will have the benefit of helping the prisoners and, we hope, lead to fewer mobile phones being found illegally in prisons.

[Mr Gyimah]

As hon. Members will know, technology—particularly mobile technology—is constantly evolving. The Government are determined that legislation should keep pace with developments to combat the serious problem posed by the use of illegal mobile phones in prison.

Illicit mobile phone use is linked to the supply of drugs and other contraband, serious organised crime and the evasion of public protection monitoring, bringing further harm to the victims of crime. The scale of the issue is stark. In 2016, nearly 20,000 mobile phones and SIM cards—that is 54 a day—were found in prisons in England and Wales.

Although this is not a new problem, the scale has increased steadily. In 2013, only about 7,000 mobile phones and SIM cards were found. To help combat that challenge, clause 21 and the associated schedule 2, will make a number of changes to the Prisons (Interference with Wireless Telegraphy) Act 2012. In its briefing on the Bill, the Prison Reform Trust stated:

“We welcome the introduction of sensible and proportionate measures to prevent the damaging and illicit trade in mobile phones in prisons.”

The Government welcome the trust’s support for measures to tackle the many serious problems caused by illicit mobiles in prison. They are used, as I have said, as a link to the supply of drugs and contraband and serious and organised crime. The trust noted that, as well as targeting the supply side, attention should also focus on limiting demand by improving the availability of, and prisoners’ access to, lawful telephones in prison. Once again, we agree with the trust.

As part of our digital prison programme, we have made changes to make it easier for prisoners to use telephones in HMP Wayland. Secure telephone handsets are now available in cells. The deployment started in September 2016 and was completed in December 2016. This has been repeated at HMP Berwyn, and we are in the process of extending it across the estate as part of the programme. We are then able to reduce the phone tariff in these institutions to make calls more affordable and accessible, and the result has been excellent. Notably, call minutes used in Wayland are up 114% from our baseline week in September. Anecdotal evidence also indicates noticeable improvement in behaviour.

As a result of these encouraging developments, we are now looking at further ways to accelerate the improved accessibility and affordability of telephony across the whole estate. We are steadily building a body of evidence that shows the benefits which arise from a nudge that simultaneously discourages the illegal use of mobile phones, while encouraging legitimate calls to families, friends and supporters, by making handsets more accessible and affordable. We will continue to monitor the effectiveness of these measures over the coming months. We intend to retender the national telephony contract this calendar year to reduce call charges to prisoners, while introducing technologies that block and disrupt illicit mobile phones.

We have given detailed consideration to the need to assist prisoners in maintaining relationships with family members while they are in prison, as we develop policy on prisoner access to telephone services. I do not believe that it would be right to accept the amendment, because the work to be covered by the review is already under way and will continue.

Further, placing a requirement to conduct a review in primary legislation would delay commencement of provisions in the Bill designed to improve our ability to combat the use of illicit mobile phones in prisons until such time as a review is carried out. Our work to improve prisoner access to telephone services will continue, irrespective of a review. I hope therefore that the hon. Lady is persuaded to withdraw the amendment.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 21 ordered to stand part of the Bill.

Schedule 2 agreed to.

Clause 22

Testing prisoners for psychoactive substances

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Yasmin Qureshi]

The Opposition support my hon. Friend’s new clause. It is important that prison officers should be able to work in a safe environment and have the right to know if they are being exposed to any infectious diseases.

Before I sit down for the last time today, I want to make a brief observation about clause 22 and the proposal to simplify the legislation so that testing can be done for all drugs. Testing alone is not an adequate response to the problem of drugs and psychoactive substances in prisons. Although it is important, it can only be of limited value because not all prisoners can be tested regularly; far greater resources would have to be provided.

The Prison Reform Trust has said that testing can be partial, but must be intelligence-led. The Howard League states that,

“drug testing alone does little to reduce drug use in prisons. Recent HMIP reports have found that overcrowding and a shortage of officers mean that intelligence-led drug tests often do not take place.”

Testing must therefore be intelligence-led. Again, that requires greater resources than are available at present.

[Mr Gyimah]

I want to pay tribute to the incredible work that our prison officers and support staff do every day. They work in an incredibly challenging environment and do a very brave job indeed. The new clause highlights some of the more challenging circumstances that they face when an offender spits or bites a prison officer. I also want to put on the record now that I recognise the additional worry and stress that prison officers can face waiting, as the hon. Member for Halifax has mentioned, often for several months to discover whether, in addition to the assault they have suffered, they have contracted a transferable medical condition. I therefore welcome the debate that that raises. I know that the hon. Lady has raised this issue before in relation to assaults on emergency workers. The only concern, and why we will resist the new clause, is that, as currently drafted, I can see some legal and practical difficulties, which I will outline.

A detailed regime applicable to securing samples from prisoners already exists under the powers set out in a Prison Service instruction in the Prison Act 1952. The powers enable testing for illegal activity and testing for drugs either by randomised samples or where there is a suspicion of drug use. Section 16B of that Act provides a power to test for alcohol. Changes in clause 22 of the Bill extend testing powers to psychoactive substances. Testing can be voluntary or mandatory and is normally conducted by urine testing and other non-invasive testing methods.

It is not clear to me, however, where the main focus of the power in the new clause lies. Is it for the detection of crime—proving the assault—or is it to provide information quickly to the prison officer involved about the risk of a communicable disease? A testing power without specific safeguards does not serve to understand what the purpose of a test is.

Also, significant practical issues have to be considered. Under PACE, other than urine tests, all intimate samples, including blood samples, can be taken only by a registered medical practitioner or registered healthcare professional. A blood sample cannot be taken by a police officer under the PACE regime in a similar situation. Prison officers are simply not trained to take blood samples. They are not medical professionals, and the sterile medical conditions required are not always available in prisons.

I would also be concerned to avoid situations in which prison officers, owing to a lack of medical training and the absence of a provision requiring prisoner consent in taking blood samples, found themselves accused of assault.

We need to consider what impact the use of the power would have on the relationship between prisoners and prison officers, which is crucial to successful offender management. The safeguards on consent, testing processes and data protection are needed for practical and legal reasons. Without sufficiently circumscribed criteria giving rise to the power to take samples; without suitably qualified staff to take the samples; and without proper training of staff and fair and proportionate penalties for non-compliance, the power is unlikely to be compatible with article 8 rights, and the Government cannot support it.

Having said that, I want to make some additional points about what can be done now. As we set out in our “Prison Safety and Reform” White Paper, we are committed to improving the safety of prisons for all who live and work there. We do not tolerate any behaviour against staff that undermines their essential work. Staff must have the confidence that assaults against them will be met with a robust and swift response.

To that end, we are taking an evidence-led approach to improving prison safety. I have already mentioned the 2,500 staff in the new key worker regime that we are rolling out. I believe that increased numbers will also enable more staff to be available on wings, to increase staff confidence in the support that they have available from colleagues, and that they will also act as a deterrent to assaults by prisoners on staff.

Additional staff will also mean more predictable regimes, reducing prisoner frustrations and providing opportunities for purposeful engagement. We already have a well established process for sanctioning violence in prisons. A range of sanctions is available, from downgrading privileges, segregation and adjudications. Cases that are serious enough are heard by an independent adjudicator, who has the power to add up to another 42 days to a prisoner’s sentence.

Governors are also required by the published adjudications policy to refer more serious assaults to the police for investigation. It is worth stressing that an assault that involves biting may be charged as a more serious offence of assault occasioning actual bodily harm, rather than the lower level common assault, depending on the nature of the injuries sustained. Spitting and biting can also be considered as aggravating factors within the offence, meriting a more severe sentence. Any sentence imposed should also, in accordance with sentencing guidelines, be served consecutively to the existing sentence.

Finally, there are also some technical issues relating to the penalties for failing to comply with a test. I do not want to labour the points, but I think that the hon. Member for Halifax has raised some important matters in the debate and, as I said at the outset, I completely understand the thinking behind the new clause. I sympathise with the intention, but given the legal and practical difficulties in the drafting, we cannot support it at this point. I therefore urge the hon. Lady to withdraw the new clause.

Prisons and Courts Bill (Third sitting)

Debate between Sam Gyimah and Yasmin Qureshi

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

[Yasmin Qureshi]

It is a pleasure to serve under your chairmanship, Mr Brady. May I inform the Committee that we will be seeking a Division on amendment 10?

When we heard that this Bill was being introduced, everyone got very excited about it because it was advertised as a once-in-a-generation chance to reform prisons. However, when we actually went through the Bill, we found that it has left out many things that it should be dealing with. Although we welcome certain parts of the Bill, it does not deal with many of the things that are at the crux of the problem with our prison system.

I think everybody is aware of the fact that there has been disorder at Lewes, Bedford, Moorland, Birmingham and Swaleside prisons. Yesterday, we heard from the experts that violence against staff and inmates and suicides are at record levels. Hard-pressed prison officers need more numbers and resources to deal with prisoner violence and to make prisons safe. The Bill does not deal with the issues of overcrowding, understaffing and the proper rehabilitation of offenders.

The probation service is not working, and again the Bill does not address its issues. People should leave prison ready to lead productive and law-abiding lives, but that can be achieved only if prisons are safe, decent and fair places in which those being punished can also begin to rebuild their lives. It is with that in mind that we tabled these amendments.

Rather than simply aiming to deliver the purposes of prisons, we want to adopt prison procedures and practices designed to deliver the purpose of prisons. Therefore, we want to add the words “decent” and “fair” to the clause. We think the prison environment should be decent and fair. That was one of the central conclusions of Lord Woolf’s inquiry into the disturbances at Strangeways and other prisons in 1990, which remains the central foundation for everything that a prison might achieve. The link between safety and decency is also recognised by the UN’s Nelson Mandela rules, which require that, in addition to safety, prisons must maintain the dignity of every person in custody. To ensure the Bill is compatible with the United Kingdom’s obligations, that duty should not be assumed or implicit; rather, it should be made explicit in our legislation.

A lack of confidence in the complaints system among prisoners stubbornly persists. Fewer than 30% of prisoners reported to inspectors that they felt their complaints were dealt with fairly. That view was upheld by the prison and probation ombudsman, which has seen the proportion of upheld complaints rise from 26% to 40% in only five years.

Establishing the minimum standards of safety, decency and fairness in prisons should also be a matter for Her Majesty’s inspectorate of prisons. The Prison Reform Trust has argued that, on the purpose of prisons, we should also enshrine in statute the existing case law about what life in prison should be like, as set out in Raymond v. Honey in 1982, which states that prisoners retain all civil rights not taken away expressly by Parliament or by necessary implication of the fact of imprisonment, such as voting and freedom of movement. An annual reporting duty will be linked to the statutory duty of prisons.

Amendment 11 would insert the words

“for prisoners and prison staff”.

Prison officers work in some of the most challenging conditions, and the Bill needs to focus on protecting them. We must ensure that their safety and working conditions are taken into consideration. In 2016 there were 25,049 assault incidents, which was up by 5,995 or 31%. That included 6,430 assaults on staff, which was up by 1,833 or 40%. No measures in the Bill impact on the likelihood of violence. An official statistics bulletin recognises the role of staffing cuts in the rising violence:

“The rise in assaults since 2012 has coincided with major changes to the regime, operating arrangements and culture in public sector prisons. For example, restructuring of the prison estate including staff reductions, which have reduced overall running costs, and an increasing awareness of gang culture and illicit psychoactive drugs in prisons.”

On 15 November last year, members of the Prison Officers Association took national protest action over the failure of the National Offender Management Service to address concerns about health and safety before a court injunction required them to return to work. The POA said:

“The continued surge in violence and unprecedented levels of suicide and acts of self harm, coupled with the recent murder and escapes demonstrate that the service is in meltdown.”

Staff morale is low and the statistics show that the number of prison officers continues to fall, and the leaving rate is increasing, in particular after one or two years’ service, despite the recruitment efforts. Unless we recognise that prison staff—their rights and working conditions—must be considered within the scope of the legislation, there is little prospect of prisons achieving their statutory purpose.

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

Mr Brady, may I say how delighted I am to serve under your chairmanship on this historic day for our country? It is 65 years since the last major prisons Bill.

I am grateful to the Opposition for the points that they have made on the important issues of the debate, in which we are considering the statutory purpose of prison. From the outset, we should remember that prisons are there to deliver the sentences of the courts. As the Criminal Justice Act 2003 makes clear, one of the purposes of sentencing is to punish offenders, and of course this is important; but equally important is what we do with offenders when they are in prison.

The clause will make it clear in statute for the first time that the purpose of prisons should not only be to house prisoners, but include reforming prisoners and preparing them for a return to their community. Given the significance of that, I understand hon. Members’ interest. However, before I respond to the amendments individually, it might be helpful if I touch on four opening points to show how the statutory purpose fits within the broader prison landscape, as this will come up with some of the subsequent amendments that we will be debating.

First, we are enshrining the purpose of prisons in statute, to provide a clear common purpose that everyone working in the prison system, whether prison officers, governors, the independent inspectorates or the Secretary of State, can unite behind. Secondly, we have prison rules set out in secondary legislation, and therefore approved by Parliament. The rules are there to ensure the good regulation and management of prisons, and to make provision for the classification, treatment, employment, discipline and control of prisoners. They are also there to ensure that prisons are run fairly and to provide a clear legal basis for any interferences with prisoner rights. I emphasise the importance of prison rules in ensuring that some of the more detailed arrangements of running our prisons are captured in legislation.

Thirdly, our reforms will sharpen accountability through the system. We are clarifying the distinction between the Secretary of State’s role in managing the prison system as a whole and the operational running of individual prisons, which is for governors and their staff, as part of a new, operationally focused Executive agency, Her Majesty’s Prison and Probation Service. As hon. Members will be aware, the Secretary of State made a written ministerial statement on the introduction of the Bill which set out the standards for which governors will be held to account. Of course, they include security, such as the number of escapes or absconds from closed prisons, but they also include progress made on getting offenders off drugs, progress in health and in maintaining or developing family relationships.

To hold governors to account for these new standards, they must be free to manage. We are freeing them up to deliver change and devolving key operational policies to them, a subject I look forward to discussing further in amendments on minimum standards. The new performance management regime works with the purpose and prison rules by ensuring that a clear line of sight exists between the purpose and the standards.

Fourthly, we are enhancing the transparency and scrutiny of our regime. We already publish data on a wide number of different topics, for example, safety and custody statistics but we will go further because we want the public to understand that progress is being made in our prisons, so we will publish data setting out how prisons are performing. Data on some of the new performance measures will be available from October, as data start to be made public on a quarterly basis, and the performance agreements will be published from the summer. We will also publish performance tables to show how individual prisons are performing against key safety and reform standards. The table will present the data in a format that the user can rank by standard. It will be populated as data become available.

Finally, we will discuss later our approach to strengthening the independent scrutiny of our prison system through the prisons and probation ombudsman and Her Majesty’s inspector of prisons. All of that will contribute to assessing how the statutory purpose is being met.

As we consider the proposed additions to the purpose from the hon. Member for Bolton South East, it is important to consider whether they are rightly aims, or better suited to a different part of the new operational framework.  I shall consider each in turn. Amendment 9 would replace “aim” with “adopt procedures and practices designed”. Although I understand that the hon. Lady’s purpose is to strengthen the clause, I am not sure I agree that it would do so. The Government consider that it is implicit in the drafted duty of “must aim to” that prisons must “adopt procedures and practices designed” to achieve those aims. As I have set out, the statutory purpose is designed to provide a common purpose that all parts of the justice system can unite behind. In my view, “aim” is a broader and more inclusive way of ensuring that all the different parts of the system can identify their role in meeting the purpose.

Amendment 10 proposes the inclusion of “decent and fair” in the purpose. I want to stress that of course the Government strongly believe that all prisoners should be treated fairly and with decency. It is absolutely right that decency and fairness are, and continue to be, essential elements of running prisons. That is why there is already a range of legal obligations to ensure that prisons are run in a way that is decent.

First, it is a general principle of public law that the public authority must act fairly with those whom it deals with. Many of the obligations we signed up to under the European convention on human rights, and which were incorporated into domestic law in the Human Rights Act 1998, are relevant to decency in prisons. For example, article 3 of the convention means that prisoners must be detained in conditions that are compatible with respect for their human dignity.

Prisons must, of course, comply with the Equality Act 2010 and ensure that they do not discriminate against a person with a protected characteristic, such as race or disability. That is also an important part of ensuring fairness and decency. Many of the minimum requirements that contribute to ensuring that prisons are run in a decent way are also set out expressly in secondary legislation, in the Prison Act 1952 and principally in the Prison Rules 1999, which are secondary legislation approved by Parliament in the usual way.

The provisions are detailed and extensive and cover a wide range of requirements. For example, they include rules on checking cells and cell conditions; the provision of wholesome, nutritious food; hygiene; beds and bedding; and clothing adequate for warmth and health. In order to ensure that prisons are meeting those minimum standards, all prisons have an independent monitoring board that examines all aspects of prison life in order to ensure that prisoners are treated with fairness and decency. I argue that it is better to focus on ensuring that the aspects of a decent regime are included in the prison rules, rather than in the Bill. Prisons are already bound by legislation that requires them to act with decency and fairness.

Turning to fairness, there are a number of safeguards in place in the day-to-day running of prisons to ensure that the regime is fair. There is, of course, the general public law duty on prisons to act fairly and there are statutory requirements in place too. For instance, should a prisoner be charged with an offence against discipline, prison rule 54 provides that the prisoner

“shall be informed of the charge as soon as possible and…be given a full opportunity of hearing what is alleged against him and of presenting his own case”.

Prison rule 45, on removal from association, requires extended periods to be authorised by someone who is external to the prison who can scrutinise the reasons for the segregation. Where a prisoner has exhausted the internal complaints procedure, he may direct a complaint to the prisons and probation ombudsman. The Bill puts the PPO on a statutory footing to ensure his permanence and give him statutory powers. I look forward to discussing the role of external scrutiny in prisons in more detail later.

It is, of course, vital that we treat prisoners with decency and fairness if we are to expect them to turn their lives around. I completely agree about the importance of ensuring that we do. However, I believe that it is not necessary to include such a provision in the purpose, because a requirement for a fair and decent regime already exists elsewhere in legislation.

Although amendment 11 raises a very important question, I am happy to confirm that we are confident that the clause already covers prisoners and prison staff without an explicit reference to both. There is a risk that including such a reference may inadvertently omit others working within or with prisons, such as charities, inspectors and civil servants, who also need to take account of the purpose while performing their duties. I therefore beg the hon. Lady to withdraw her amendment.

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[Mr Gyimah]

In responding to amendment 3, I stress at the outset that the Government attach huge importance to prisoners, in the vast majority of cases, developing and maintaining supportive family relationships, which are critical to rehabilitation and reducing intergenerational crime. Families can play a significant role in supporting an offender. They are the most effective resettlement agency once a prisoner has been released, and research has found that prisoners who report improved family relationships over the course of their sentence are less likely to reoffend after release. Positive family relations have been identified as a protective factor in helping prisoners to turn their backs on crime.

Lord Farmer, working in partnership with Clinks, was commissioned to chair a working group to investigate how supporting men in prison in England and Wales to engage with their families could reduce reoffending and assist in addressing intergenerational crime. The Government will consider his findings and respond in due course. The evidence that his review has gathered will allow governors to deliver a local offer that best meets the needs of their respective prisoner cohort, thereby helping them to improve family ties.

However, the Government’s view is that maintaining and developing family relationships is already covered by paragraphs (b) and (c) of what will be new section A1 of the Prison Act 1952 when the Bill becomes law. Requiring prisons to aim to reform and rehabilitate offenders and to prepare prisoners for life outside prison is intended to capture a wide range of activity that is rehabilitative and helps to reduce reoffending. Maintaining family relationships is critical to both those aims.

I can also confirm that the role of the family is already contained in secondary legislation, as my hon. Friend the Member for Mid Dorset and North Poole pointed out. Prison rule 4 already ensures that “special attention” is paid to the maintenance of family relationships, so long as they are in the best interests of both prisoner and family. Furthermore, rule 4 ensures that both encouragement and assistance is provided for prisoners in establishing relationships with those outside prison that will best promote the interests of his family and his own social rehabilitation.

An explicit reference to the maintenance and development of family relationships for that purpose ignores the fact that, for some prisoners, such as violent domestic cases, that would not be appropriate and therefore should not be pursued. Family relationships are already covered in the aims, with important detail contained in prison rules. That strikes the right balance between the overarching aim of the system and the detailed way in which the management of the prison should be carried out.

Let me be clear about the importance of family ties and relationships. Lord Farmer refers to that as a golden thread that runs through prison life, which is why from autumn 2017 governors will control budgets for family services, such as visitors’ centres, family engagement workers and family learning, which includes parenting skills classes. Those reforms will help governors to improve the way in which prisoners can engage with their families. Governors will therefore be able to respond flexibly to the particular needs of their local prison population in order to put in place the programmes and services that will be of most benefit. They will be able to deliver a local family offer that best meets the needs of their prisoners, helping them to develop and maintain positive family ties and reducing the risk of reoffending.

My hon. Friend rightly said that we need consistent practice across the estate. The ideas that Lord Farmer has generated, which we are considering, will help to deliver such consistency. I hope that I have provided my hon. Friend with the necessary reassurance and ask him to withdraw his amendment.

[Yasmin Qureshi]

We support the amendment. I assume that the hon. Member for Mid Dorset and North Poole tabled it because although everybody says that it is important for offenders to maintain family relationships, in reality that is not happening. We find that many a time the offender is locked away in a prison about 300 miles away from his or her family, and the families are unable to visit either because of the great distances involved or because they cannot afford to travel several hundred miles or find the time to go—they may have young children or be elderly. There are all sorts of issues. Therefore, in reality families are unable to maintain contact with the offender, and the offender is unable to maintain contact with their family.

A number of constituents have come to me about this. A young woman has just had a second child, the husband has gone to prison and he has never seen his baby. She wants the father and the child to know each other, but because the distance to travel is so great and it is often so costly, in reality that is not happening. I ask the Government and the Prison Service to think about that. It is all very well saying, “Let’s maintain family relationships,” but we must ensure that the resources are there so that relationships can be maintained. Retransferring prisoners, perhaps to a location near to their home, if possible, should be considered urgently. I know from trying to get prisoners moved from one prison to another that it is an almost impossible task. It is all very well in theory, but we need something in the prison reforms to take place in practice.

By seeking to enshrine this provision in law, the hon. Member for Mid Dorset and North Poole is flagging up the importance of family relationships and ensuring that everyone is mindful of it. That is why we support the amendment.

[Mr Gyimah]

I want to make a couple of brief points. I acknowledge what the shadow Minister said about prisoners sometimes being located a long way away from their families. One of the facts about prison life is that prisoners often have to be moved. Sometimes prisoners want to be moved of their own volition, for example if they get into debt in prison or they are being bullied, and sometimes they do things that require them to be moved. At other times, for example if there is a major disturbance in a prison, it makes sense to disperse prisoners to deal with it. When that happens, we have the assisted visits scheme for those families who need help.

As we embark on reorganising the prison estate, we will be designing flexible facilities so that families can visit more easily, and the prisoner’s journey throughout their sentence will be organised in such a way that prisoners spend as much time as possible close to where their families are. That said, that is not always possible because prison life is incredibly complex. However, I take on board the points made by the shadow Minister.

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[Yasmin Qureshi]

Although everyone is aware that, theoretically, prisoners are treated for drug or alcohol misuse, in reality it is not happening. In reality, substance abuse is leading to more disturbances in prison and, of course, causing much reoffending. We are spending something like £16 billion tackling reoffending, so something is not going right. Many people are coming into prison because they are addicted to drugs or alcohol. I remember from my 20 years of prosecuting and defending in the criminal law that many of my clients and some whom I was prosecuting, often involving domestic violence, for example, were there because one partner was normally drunk and, in an argument, would start hitting out at their partner.

Young people I would see, who were often committing what we would call low-level offences—although I do not like to use that term—were often addicted to drugs. So, for example, they might be walking past a car with a door open or a window down, and if they saw a purse, they would take it; or they might break a window, take a purse and run off with it because they needed the money; or a mobile phone, which they could sell to get money to feed their drug addiction. In the same way, if they walked past a house with an open door and nobody seemed to be there, they often thought it was an ideal opportunity to go in and steal. I am not making excuses for anyone, but that is the reality of how things happened.

Why did those people do those things? Because they were addicted and they needed to find money quickly. They needed to sell something and get their next fix, to use a colloquialism. Therefore, as I think everyone knows, a lot of people who come into prison already have substance or alcohol abuse problems, and they still have those problems when they leave prison. It is therefore appropriate for the Committee properly to consider this issue, so we very much support the amendment moved by the hon. Member for Dwyfor Meirionnydd. It is one thing to say what should happen in theory, but that is not happening in reality. In reality, there is not enough provision in the Prison Service to deal with substance and alcohol abuse, and we know that that causes reoffending and violence. This really important issue needs to be addressed.

[Mr Gyimah]

I thank the shadow Minister for her points; I will make a couple of brief points in response. I agree that the level of violence—particularly violence related to the use of new psychoactive substances such as spice and mamba—is too high. In September, we rolled out a new drug test for psychoactive substances—the first and only such test in the world—so we are aware of the issue and we are dealing with it.

We are all aware that prisons are difficult places with some very difficult people to manage. The question is whether we need provision in the Bill to manage these issues. I contend that we need effective practice. When it comes to mental health, for example, we should ask whether processes work well in every prison and whether our prison officers are properly trained to identify how people present when they have mental health problems. I spoke to one of the people who works in our prisons about these issues, and they said that when a prisoner has a mental health problem or is considering taking their life, they enter a dark place and seek to cover their tracks and not really show what is happening internally. These are issues that we really need to train people on the ground to deal with.

I suggest that the amendment be withdrawn. This is about effective practice on the ground. We are alive to these issues, and we will get to grips with them by empowering governors to work closely with the agencies that matter, rather than by adding another list to the Bill.

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[Mr Gyimah]

I assure my hon. Friend that we work closely with the Home Office, which is ultimately responsible for deportation. The Prison Service has to facilitate its work in prisons. There is a lead Ministers group, including Ministers from the Home Office, the Foreign Office and the Department for International Development, which meets regularly to discuss all the issues about moving foreign national offenders under various schemes.

New legislation is not needed to ensure that co-operation between governors and other agencies and bodies continues; governors do that on a daily basis to ensure that different services, from education and employment to healthcare, are carried out. That can be seen in the relationships with employers, such as Timpson and Halfords, which run academies within prison to train offenders for employment on release, and in formal arrangements with NHS England to ensure that prisoners have access to the healthcare they need. We are introducing new performance measures to hold governors to account for their performance in a wide range of areas, including education and housing, and we expect governors to work closely with other agencies and bodies to do that.

The hon. Member for Bolton South East mentioned probation and, in particular, the community rehabilitation companies. I assure her that we are going through a probation system review and will publish the results shortly. That will deal with some of the challenges she outlined. Furthermore, the National Probation Service—as opposed to the community rehabilitation companies—is already covered by Her Majesty’s Prison and Probation Service, so the amendment would have the effect of creating a duty for the Secretary of State to co-operate with herself. We already have a formal contract with CRCs, so it would be unnecessary to create an additional duty to co-operate. I therefore urge the hon. Lady to withdraw the amendment.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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[Yasmin Qureshi]

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

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

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

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

[Mr Gyimah]

The amendment would require the Secretary of State to set a series of minimum standards to achieve the purposes of prisons. As I outlined, we want to put the governor at the heart of reform, ensuring that they have the ability to make decisions, innovate and be more responsive in meeting the needs of their prison. We are moving away from a centralised bureaucracy mandating the processes by which that should be achieved.

We are empowering governors by giving them the levers and controls they need to drive forward reform in their prisons. However, at the same time we are strengthening how we monitor and take leadership into account. That will include a more prominent role for Her Majesty’s inspectorate of prisons in specifically reporting on the effectiveness of leadership in a prison. We are giving freedom while sharpening accountability. From April, we will give governors greater authority to do their own workforce planning and design their regime to fit the needs of their prison; greater power over service provision in their prison, such as work in partnership with health commissioners to plan health services; and greater authority to decide how to spend their budget to deliver their strategy.

It is important that the Bill should not inadvertently take away control from those who are best placed to run our prisons. However, the amendment raises important issues. I am pleased to confirm that many of them are already addressed by secondary legislation. The Prison Rules 1999 include measures to deal with crowding, or overcrowding, which—to be absolutely clear—means having more prisoners per cell than it was originally designed for: two people in a cell designed for one, or three in a cell designed for two, which is happening in 25% of the prison estate. Section 14 of the Prison Act 1952 provides that every prison will have

“sufficient accommodation…provided for all prisoners.”

It further states:

“No cell shall be used for the confinement of a prisoner unless it is certified by an inspector”—

an officer acting on behalf of the Secretary of State—

“that its size, lighting, heating, ventilation and fittings are adequate for health”.

Rule 26 of the 1999 rules states:

“No room or cell shall be used as sleeping accommodation for a prisoner unless it has been certified in the manner required by section 14 of the Prison Act 1952… A certificate…shall specify the maximum number of prisoners who may sleep or be confined at one time in the room or cell to which it relates”.

Access to appropriate education is governed by rule 32:

“Every prisoner able to profit from the education facilities provided at a prison shall be encouraged to do so.”

Rule 31 provides that a prisoner

“shall be required to do useful work for not more than 10 hours a day, and arrangements shall be made to allow prisoners to work, where possible, outside the cells and in association with one another.”

Access to healthcare is governed by Rule 20, which ensures access to the same quality and range of services that the general public receive from the national health service. Rule 30 governs access to time in the open air:

“If the weather permits and subject to the need to maintain good order and discipline, a prisoner shall be given the opportunity to spend time in the open air at least once every day”.

Rule 29 governs weekly time spent in locations other than cells, allowing one hour of physical activity a week. As part of the privilege systems set out in rule 8, prisoners can also get additional time to associate. Like all public authorities, prisons are legally bound to comply with the requirements of the Equality Act 2010, including the public sector equality duty. There is therefore already a statutory framework for the sorts of issues that the amendment covers.

On the ratio of prison staff to prisoners, I agree that we need the right numbers to provide a secure and safe regime, increase staff confidence and have the resilience to deal with unexpected incidents that take staff away from duty, such as hospital escorts. We are therefore investing £100 million to increase staffing by 2,500 officers. However, that is only the start of what is necessary to provide a properly rehabilitative, supportive regime that engages with prisoners properly. We know from many sources of evidence that the relationship between staff and prisoners is fundamental in helping prisoners decide to turn away from crime, and that having the right support and challenges from a trusted prison officer can help them come to that decision.

Having a positive relationship with staff can also help reduce the drivers of self-harm and self-inflicted deaths. We are therefore changing to a key worker model, as mentioned in Lord Harris’s review into self-inflicted deaths on the youth estate. There will be a dedicated prison officer, on the landing, for each prisoner across the closed estate, on the basis of one officer for six prisoners, on average. They will spend 30 to 45 minutes each week with their prisoner to deal with complaints, talk about issues that affect them, encourage them to engage with wider regime activities and challenge offending behaviour. Probation will also be involved for higher risk individuals, case managing the prisoner, including sentence planning. That will be done by other prison staff, not officers. The governor will manage the levels of staff in their own establishment, tailoring the model to the needs of the population and regime availability. They will be empowered to vary the staffing regime as they see fit.

It is deceptively simple to propose a fixed staff-to-prisoner ratio. We will ensure that we have the right staffing levels to run safe regimes, but setting out a ratio in primary legislation would not be meaningful. That is partly because the ratio varies from prison to prison, and also because even within a prison it will vary from day to day. I have been in prisons where more staff were needed because they had prisoners on bed watch, and I have been in prisons that needed more staff on the vulnerable prisoner unit at a particular time because of a problem there. To have a fixed ratio would not exactly fit with a prison’s practical needs, and the prison governor, who understands the needs and is designing the regime, should be the one looking at that.

A future Secretary of State could meet the proposed ratio by, for example, filling prisons with staff acting as turnkeys and guards rather than key workers. That is why I agree with what the deputy chief inspector of prisons that a fixed staff-to-prisoner ratio would be “a crude measure”. The most important thing, as we look at the system that the Bill will set out, is to look at the outcomes from prisons. I hope that explains why we do not believe that it would be appropriate to include this measure in the purpose, and I beg the hon. Member for Bolton South East to withdraw the amendment.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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[Yasmin Qureshi]

We entirely support the amendment and agree with the points that the hon. Lady made.

[Mr Gyimah]

This is a probing amendment concerning a duty on the Secretary of State to include as part of her annual report to Parliament the steps taken to meet targets on blood-borne viruses and substance abuse.

Healthcare in prisons is provided by NHS England, which already uses health and justice indicators of performance and other data to report the performance of substance misuse services and blood-borne viruses. Those data inform NHS practice in commissioning and providing healthcare to prisons. For example, Public Health England, NOMS and NHS England introduced opt-out testing for blood-borne viruses for people in prison in the first national partnership agreement published in 2013. Full implementation across the whole adult prison estate in England is planned by the end of the 2017-18 financial year.

Data on the offer and uptake of testing and referral for treatment are measured through the health and justice indicators, which are based on information provided directly by healthcare teams in prisons to NHS England and shared with Public Health England. Additionally, data on people treated for substance misuse in prison and in the community are collected by Public Health England through the national drug treatment monitoring system.

Using those data, under the programme of co-commissioning that the Government are implementing, prison governors will be able to work with NHS England to commission healthcare services that meet their individual prison’s needs. That, of course, can include elements that provide testing and treatment for blood-borne viruses and substance misuse. I hope I have provided sufficient assurance to the hon. Member for Dwyfor Meirionnydd that placing this requirement on the face of the Bill is unnecessary, as a programme of work is already under way in this area.

[Mr Gyimah]

We have had a full and detailed debate on clause 1. It will not surprise hon. Members to know that in drafting the clause, the Government thought long and hard about what it should contain in view of the fundamental changes it makes to the current legislative framework.

The clause reforms the framework of the prison system, providing aims for the system as a whole to unite behind, clarifying the role of the Secretary of State and sharpening accountability. It modifies the Secretary of State’s overarching responsibility for prisons, removing the outdated duty to superintend prisons. The clause also reforms and modernises the Secretary of State’s accountability to Parliament for the performance of prisons. It replaces the existing archaic requirements to report on operational detail, such as hours of work completed in each prison and number of punishments, with a requirement to account to Parliament for the extent to which prisons are meeting the statutory purpose created by the clause.

[Yasmin Qureshi]

We have raised our concerns about the issues we think are important and should be covered in the clause. We hope that the Minister will reconsider some of those things on Report.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Her Majesty’s Chief Inspector and Inspectorate of Prisons

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[Yasmin Qureshi]

We support any attempt to ensure the independence of the inspectorate from the Government, so we support this amendment.

[Mr Gyimah]

These amendments concern the role of Her Majesty’s inspectorate of prisons. Increasing the inspectorate’s impact is one part of our plan to have in place effective mechanisms to monitor and improve performance. There will be new performance measures, on the outcomes of which governors will be held to account. We will create new three-year performance agreements, which will be phased in over the next two years.

If we are to hold governors to account for meeting the new standards, they must be given the power to deliver change. We are devolving key operational policies to give governors greater flexibility, and have already cancelled 101 policies to help to reduce bureaucracy for prisons.

We are empowering our leaders, but at the same time strengthening our monitoring of leadership. That includes a more prominent role for HMIP: for the first time in legislation, the chief inspector will be required to report on the effectiveness of leadership in a prison. We will set up a new quarterly performance committee, chaired by the permanent secretary. The committee will reach evidenced assessments of performance, both at individual prison level and across the system. We will also make data available so that the public and governors can see how prisons are performing across different measures. This monitoring is supported by other assurance activities, such as internal audit, providing a complete view of prison performance. It is clear that we will not be waiting around for the inspectorate to signal problems, but within this framework, external scrutiny is vital, too. We need independent, objective assessments of our prisons to hold the governors to account.

We are seeking in the Bill, and specifically in clause 2, to achieve a number of aims for HMIP. I will set those out before turning to the amendments. First, we are making changes to what the inspectorate is required to report on. Importantly, the chief inspector will continue to set his own inspection criteria and report to the Secretary of State on the treatment of prisoners and the conditions in prison, but in addition, when preparing inspection reports, the inspectorate must have regard to the statutory purpose of prison. That will align inspections with the new statutory purpose of prison. As I have set out, inspections will also be required to consider the effectiveness of the leadership in a prison.

Secondly, we are seeking to increase the inspectorate’s impact: we want inspection reports to lead to improvements. There is a requirement for the Secretary of State to respond to the findings of an inspection within 90 days. Where the chief inspector has significant and urgent concerns about a prison, he can trigger an urgent response from the Secretary of State, but as I have outlined, the system will not be waiting for an inspection in order to ensure that proper oversight takes place in our prisons.

Thirdly, we wish to enhance the statutory footing for the inspectorate to conduct inspections. For the first time, it is established in legislation that there is an inspectorate of prisons supporting the chief inspector. The clause also gives the inspectorate new powers to enter prisons and to request information so that they have the right tools to do their job.

Finally, clause 2 provides statutory recognition of the inspectorate’s role in meeting the objectives of the optional protocol to the United Nations convention against torture and other cruel, inhuman or degrading treatment of punishment, or OPCAT.

The final point is relevant to amendments 6 and 15 and is about independence. We have above all in the Bill sought to maintain the independence of HMIP. I hope the chief inspector would agree with me that his role includes being able to report freely on what he sees. We believe the Bill reinforces such independence.

Amendment 6 seeks to make it explicit that “an independent” person is appointed as chief inspector. The independence of the chief inspector derives from how the inspectorate is set up and how it operates. The chief inspector sets his own inspection criteria, so he decides what matters he wishes to look at and report on. He decides where and how inspections will be conducted. That includes, for example, whether inspections are announced or unannounced and the frequency of visits. The chief inspector publishes his own inspection reports, so the findings are not restricted in any way.

Following interest from the Justice Select Committee, we have just finalised a protocol between the Ministry of Justice and HMIP setting out the terms of engagement between the two organisations. Taken together, we consider the chief inspector’s independence is clear, and I am therefore not persuaded that amendment 6 is necessary.

Amendment 15 concerns the appointment of the chief inspector. Like other chief inspector posts, this role is subject to the Cabinet Office’s governance code on public appointments, which is overseen by the Commissioner for Public Appointments. The Commissioner regulates the processes by which Ministers make appointments to public bodies. The appointment therefore follows an established transparent process for public appointments. We agree that Parliament should play a role in such an important appointment. The Justice Select Committee is consulted on the job description and criteria prior to a recruitment being launched. The chief inspector appointment is subject to pre-appointment hearing by the Justice Select Committee. This allows the Committee to assess the preferred candidate and provide its views to the Secretary of State before any appointment. The Cabinet Office guidance on pre-appointment scrutiny states:

“In relation to the findings of the Committee, Ministers should weigh the views of the committee carefully against the evidence from the appointments procedure to reach a final view to ensure that the decision is made fairly and taking all relevant considerations into account.”

There is, therefore, an important role for the Committee, but, overall, I consider that the choice for this critical role should rest with the Secretary of State, who is accountable to Parliament for prison performance.

I hope that I have been able to set out our plans for strong, external scrutiny of the prison system, with an empowered, independent inspectorate at its heart. The Bill strengthens the independence of the inspectorate, and on that basis I hope that the hon. Lady is able to withdraw the amendment.

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[Yasmin Qureshi]

The purpose of amendments 16 and 17 is to say that the work of Her Majesty’s chief inspector of prisons should be compliant with OPCAT, the optional protocol to the convention against torture, a treaty that supplements the 1984 United Nations convention against torture. It establishes an international inspection system for places of detention and requires “national preventive mechanisms” to be independent. Her Majesty’s inspector of prisons is one of 21 statutory bodies that together make up the UK’s national preventive mechanism. We know that the Government consider that the UK’s national preventive mechanism is already OPCAT compliant, but the previous chief inspector of prisons, Nick Hardwick, voiced concerns, as I mentioned earlier, that having to apply to the Government for reappointment compromised his independence. Amendments 16 and 17 would make this commitment to OPCAT explicit and have been welcomed by John Wadham, chair of the UK’s national preventive mechanism. To assume OPCAT compliance is not sufficient.

[Mr Gyimah]

Clause 2 provides statutory recognition of the chief inspector’s role in meeting the objectives of OPCAT. In the context of making changes to the provisions in the Prison Act 1952 on the chief inspector, we consider it helpful for the statute expressly to recognise the role of the chief inspector in relation to OPCAT. The UK is, and has always been, a strong supporter of OPCAT and we consider that we are fully complying with the international obligations contained in the protocol. OPCAT requires states parties to establish a national preventive mechanism to ensure regular, independent inspection of places of detention to prevent torture and other cruel, inhuman or degrading treatment or punishment.

Clause 2 captures the role of Her Majesty’s inspectorate of prisons in relation to OPCAT. However, the obligations contained in the protocol are aimed at the states parties to the protocol—thus, the UK—not the organisations that are designated by those states to be members of the national preventive mechanism. It would therefore be inappropriate to place upon the inspectorate international obligations aimed at the UK, as amendments 16 and 17 seek to do. In addition, the inspectorate alone would be unable to fulfil all the OPCAT obligations. The UK national preventive mechanism is in fact composed of 21 members from across the UK.

The statutory recognition of the inspectorate’s OPCAT role is an important change that I know is strongly welcomed by the chief inspector. Given the difficulties that I have highlighted, I ask the hon. Lady to withdraw the amendment.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Prisons and Courts Bill (First sitting)

Debate between Sam Gyimah and Yasmin Qureshi

Committee Debate: 1st Sitting: House of Commons
Tuesday 28th March 2017 Public Bill Committees

[Mr Gyimah]

Q I guess the question I was driving at is, if you were able to get to the situation where you had the 1:6, could you improve safety? You are saying that, yes, that could help improve safety.

In terms of the other point that you made about remuneration, of course I agree that remuneration is important in this context. Do you see that what the Ministry of Justice is doing about additional allowances—there are obviously ongoing negotiations with the POA on pay and so on—could also help with recruitment and retention?

Joe Simpson: Yes. If we get the right deal, yes, of course that will always help. I hope we do.

[Yasmin Qureshi (Bolton South East) (Lab)]

Q Thank you very much for coming to the session. Good morning. Can I ask you about what measures are not in the Bill? I want to explore that with you. In the nine months since this Bill was promised, we have seen major riots in prisons, an increase in violence and a continued fall in staff numbers. Do you think this Bill in any way addresses those issues?

Joe Simpson: In the long term, it will; in the short term, no, because we are not seeing any difference. To get the 2,500 prison officers in post, you are going to have to recruit 8,000. As quickly as the Prison Service is bringing them in, they are leaving. It is not just new starters—you are losing experienced staff as well. They no longer want to work for the Prison Service because of the violence, because of what is happening in our prisons and because of the lack of support.

--- Later in debate ---

[Mr Gyimah]

I have met a number of our new recruits at Newbold Revel. I think they are going into it with their eyes wide open and a lot of them are proud to be working in a uniformed service with the opportunity to turn lives around. In terms of retention, I think it is down to everyone in the Prison Service to make sure that new recruits settle in well—the governor, prison officers on the wing—so that they can actually contribute productively.

[Yasmin Qureshi]

Q Ms O’Brien, you have said that to have proper rehabilitation we need to return frontline staffing to 2010 levels.

Rachel O'Brien: We have not done that. I welcome the measures that have been taken, but we have not done that and I do not think for one minute that we do not have an existing staff problem. Even with what we have, it is going to take a long time for those people to come through. I have also met fantastic new officers who want to make a difference and are struggling to do so. One thing we have to bear in mind is that the new way of working means stopping doing some other stuff, and that is going to take time to flow through.

I also think, though, that there is a deeper need to look at the workforce capabilities. For example, we know that mental health is a major issue within prisons, and most officers do not feel prepared to give that kind of support; I am not talking about detailed intervention but just being aware of the key issues that they are going to face, day in and day out. The race is between really thinking about what that workforce looks like at a time when most people turn on the telly and see things that may not encourage them to join the service. I have met some fantastic people; the key is to keep them, to develop them and allow them to progress.

Prison Safety and Security

Debate between Sam Gyimah and Yasmin Qureshi

Thursday 1st December 2016 Westminster Hall

[Yasmin Qureshi (Bolton South East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Nuttall. May I start by echoing the sentiments of the hon. Member for Dumfries and Galloway (Richard Arkless) and paying tribute to the hard work of our prison officers, who face daily dangers and carry out valuable work? I am grateful to my right hon. Friend the Member for Delyn (Mr Hanson) for securing today’s timely and important debate, which I am pleased to be able to respond to. Given his experience as a Justice Minister and a member of the Justice Committee, his views on the current situation and what must be done are most welcome.

There is clearly an agreement that the current prison system is not acceptable. My hon. Friend the Member for Stretford and Urmston (Kate Green), a member of the Justice Committee, highlighted additional areas of concern, such as IPP prisoners. The state of our prisons and the growing levels of violence shame our nation.

Prisons are becoming increasingly volatile and dangerous environments for both staff and prisoners. In the 12 months to June 2016, there have been nearly 6,000 assaults on staff, 24,000 prisoner-on-prisoner assaults and 105 self-inflicted deaths of prisoners, an increase of 13% from the previous year. There are 6,000 fewer officers on the frontline than in 2010. Ministry of Justice statistics show that poor mental health and distress among prisoners is higher than among the general public. Incidents of self-harm in prison have increased by over 25% in 2016 from the previous year.

Nick Hardwick, the former chief inspector of prisons, has said that prisons are at their worst level for a decade. We have seen riots breaking out at Her Majesty’s prisons Moorland and Bedford and prisoners escaping from Pentonville. While the prison staff and the tornado teams who deal with these incidents should be commended, it is clear that prison conditions are simply not good enough. Violence continues to increase and safety continues to decrease.

The austerity experiment on our prisons has failed. Working in prisons has become less appealing and more dangerous. The presence of fewer officers, who are overstretched and overwhelmed, means a stricter and increasingly unsafe prison regime. It means that prisons cannot effectively reform and rehabilitate in the way that prisoners and wider society need.

Staff shortages meant that a prisoner was not allowed out to visit his dying mother. He was allowed a phone call, but it was too late; his mother’s life support machine had already been turned off. It has still not been confirmed whether he will be allowed to attend her funeral. Again, that is the result of staff shortages. When questioned on that issue at the Justice Committee on Tuesday, Michael Spurr of NOMS was not even aware of the incident. Will the Minister confirm when he became aware of that incident? How often do such incidents take place in our prisons?

Front-line prison officers leaving their jobs outstripped new recruits over the past year. Almost 14% of prison officers leave the prison after serving less than 12 months. The Government have failed to explain how they will deal with the problem of retention. Even more alarmingly, it appears that the number of deaths will not form any part of the assessment of how safe a prison is.

[Mr Gyimah]

On that point about whether the number of deaths will form part of how prisons are evaluated under our reform programme, I refer the hon. Lady to the White Paper. It explicitly says that under safety, deaths in a prison will be one of the outcomes looked at.

[Yasmin Qureshi]

I thank the Minister for that clarification.

Some 324 people have died in prison this year so far, which includes 107 suicides. It appears that assaults on prison officers by prisoners are not being appropriately dealt with. Although the Minister has said there is “swift justice”, and although we welcome a zero-tolerance approach to violence, it is increasingly clear that prison officers do not feel safe at work. Has there been any consideration of what impact consecutive sentences for assault will have on prison capacity and overcrowding?

It is clear that a range of hugely complex issues need to be considered in order to reform the prison system. While I welcome prison reform, I am afraid that the Government’s White Paper does not provide the rapid action that our prison system so urgently needs and has long asked for. It is a matter of particular concern that despite a sustained recruitment exercise, described by one Minister as going at “full throttle”, the net increase in public sector prison officers was only 440 last year.

While the commitment to increase the number of prison officers by 2,500 is much needed, it is not a cause for celebration. Four hundred of those jobs have already been announced, and it is 2,500 extra after a reduction of more than 6,000 on the frontline. Where will the first 400 go? How will they be allocated to prisons? How were the 10 most challenging prisons identified? They do not appear to be among the worst prisons for violence and self-harm. As it stands, this is far from being the biggest overhaul of our prisons in a generation.

The lack of detail in the White Paper is worrying. It is difficult to believe that these proposals have been fully thought out. Instead, they seem to have been hastily assembled. That is indicative of the lack of detail in the Ministry’s proposals on, for example, mandatory drug-testing. We are told that the drug testing regime will be enhanced,

“supporting governors to enable drug testing on entry to and exit from prison as part of a more extensive testing programme, increasing the frequency and range of drugs tested for”.

Putting aside whether mandatory drug testing has proved effective, given the widespread availability of drugs in prisons, that could add thousands more tests each year, but there is no analysis of the impact on cost and staff resources, especially as both are in short supply.

[Mr Gyimah]

The hon. Lady seems to be disagreeing with a lot of the proposals in the White Paper. Can she tell us what she would do instead to sort out our prisons?

[Yasmin Qureshi]

I am not disagreeing with the White Paper; I am saying that it fails to deal with a lot of issues. There are a lot of unanswered questions in it. On one level, the Government want there to be more drug testing, but the question we are asking is: what about the impact on staff and resources? The White Paper singularly fails to provide answers on the details. For example, it says there will be rehabilitation and education programmes, but who will provide those? Where will the money come from? Will there be an unlimited pot? A number of issues are not clear in the White Paper. I look forward over the course of the next few months to hearing how the Department will deal with those issues.

What do the Government think they will learn from testing on entry and release, given that prisoners will most likely simply avoid drug taking in the run-up to those periods? The argument that counting the problem—and not even counting the problem in a particularly robust way—is the same as dealing with it seems unrealistic, at best.

Overcrowding is another issue contributing to the level of violence in prisons. As of July 2016, 76 prisons—just over 60%—were overcrowded. Overcrowded prisons held 9,700 more prisoners than they were designed to hold.

The White Paper sets out a programme for building new prisons, but also points to more prison closures. Since coming to power in 2010, the Government have announced the closure of many prisons, with a combined operational capacity of over 4,100. Again, the Government’s policy is muddled. Are they trying to build their way out of overcrowding or will they address the number of prisoners coming into the system?

Finally, we all acknowledge that the prison system is no longer working and is increasingly unsafe. The Justice Secretary continues to say that prison reform is a priority, but the level of violence in prisons has not even stabilised, let alone begun to improve. Urgent action is needed now, not in a few months or a few years. The matter goes beyond politics. Livelihoods are at stake and lives are at stake, and the fact that we have unsafe prisons must not be ignored.

One of the main reasons why prisons are unsafe is the number of prison officers who were made redundant and the reduction in their number. We have been told that we need at least 8,000 prison officers to deal with prison safety and prison issues. The Government do not seem to have got anywhere near achieving that. Will the Minister think about the prison officers who have been made redundant? Has there been any consideration of the idea of re-employing them, even temporarily? The Government say they are trying to deal with the matter, but if they had not cut the number of prison officers in the first place, we would not be in the mess we are now in.

--- Later in debate ---

[Mr Gyimah]

Obviously, private prisons determine pay and conditions. The deal we have agreed is for members of the Prison Officers Association in bands 3 to 5. I will write to the right hon. Lady with more details.

I echo the concerns raised by the right hon. Member for Delyn on this important topic. I hope the new money we secured for staffing, the new money for the Ministry of Justice and now the new deal on pay, pensions and health and safety indicate that, as I said in my intervention, our interest is long not just on aspiration. We are determined to deliver. This is all happening in the four months the new team has been in post.

The right hon. Gentleman rightly challenged us on the White Paper and on providing concrete plans to tackle drugs, phones, recruitment and the old Victorian estate. We have announced a comprehensive plan to tackle these and other crucial components of the prison system. Despite the inevitable time lag—it will take time because some of the problems have been long in the making and did not arise overnight—we are working to make sure that what can be delivered today will be delivered, and we are confident that we will see lasting benefits in the coming months and years.

As we set out in the White Paper last month, we will invest £100 million to recruit an additional 2,500 staff. Reference has been made several times to the number of staff in 2010, but we have closed 18 prisons and secure detention centres since that date. More importantly, our desire to recruit 2,500 extra staff is based on evidence. We want to create a system in which every prison officer handles the cases of six prisoners. That is what we call the new offender management model, which was recommended in the Harris review, which Members have mentioned. We are implementing it via our new staffing model.

The investment will provide the capacity for prison officers to play a dedicated officer role and to build constructive relationships. As the former prisons Minister is aware, we are talking about a people business: it is about relationships and about prison officers being able to listen prisoners’ frustrations, to diffuse tensions and ultimately to reduce the level of violence. That is a vital component of our plan to stabilise and then decrease the level of violence, self-harm and suicide, as well reforming offenders more generally. With nearly half of all offenders going on to commit crime within a year of being released, we believe that giving each prisoner a dedicated officer will help prisoners to turn away from crime in the long term.

We recognise the challenge in recruiting an extra 2,500 staff. That is why, as I told the Select Committee, we will launch a number of initiatives to help us to do that.

[Yasmin Qureshi]

The Minister says that 2,500 extra staff will be employed, but achieving the things that he has mentioned will require far more than 2,500 prison staff.

[Mr Gyimah]

That figure is 2,500 new staff over and above what we would ordinarily recruit. In the Select Committee, the National Offender Management Service chief executive, Michael Spurr, made it clear that in practice that means we will have to recruit 4,000 staff next year and 4,000 staff the following year. It is a challenge, but that is why we have new resources and investment. We will also do it completely differently from how it has been done historically. In the past, prison governors did not have the freedom to recruit themselves. They could not hold open days or advertise locally. People who ended up being recruited into our Prison Service had never visited their place of work or met anyone they will work with beforehand. In addition to the national recruitment effort, we will give the governors of the 28 most challenging prisons the power to recruit for themselves, and that will make a huge difference. It is a question of someone seeing an advert on the internet versus seeing that their local prison is recruiting and they could get a local job.

A question was asked about pay supplements and where they would apply. In fact, that is already happening. For example, HMP Feltham can pay £4,000 extra per person in recognition of how difficult it is to recruit there. Many of the people that Feltham would interview might be choosing between a job there and working at Heathrow airport, which they might feel is a less aggravated environment in which to work. That is why in those establishments the governor can use a supplement to attract staff. For our 10 most challenging jails, we had a target of recruiting 400 staff and we allocated £14 million for that. We are halfway to that target already, so we are making progress.

We all need to recognise that prisons today are in a very different place from where they were 10 years ago. The issue of new psychoactive substances has been mentioned, and we cannot gloss over that. Those substances are incredibly dangerous. In one incident, even the officer who went to help someone who was on those drugs had to be hospitalised because of how potent the drugs are. I mentioned in the Select Committee that taboos are being broken. Prisoners never used to attack female prison officers, but we have seen such incidents, including potting. Also, prisons magnify the community outside, so gang violence is being imported into our prisons. We are also seeing serious cases of mental illness. Yes, staffing is part of the solution, but the problem with which we are dealing, as the right hon. Member for Delyn recognises—he is nodding—is incredibly complex. We must ensure that we deal with it.