Prisons (Property) Bill

Stuart Andrew Excerpts

Friday 14th September 2012 Commons Chamber

[Stuart Andrew (Pudsey) (Con)]

I beg to move, That the Bill be now read a Second time.

I am humbled to follow the debate on the Bill promoted by my hon. Friend the Member for Croydon Central (Gavin Barwell). It was fantastic to listen to such a great debate. Politics is always at its best when people talk about things that are often difficult and personal. For far too long, mental health has been stigmatised in this country. One of the most terrifying yet exhilarating experiences of my life was coming out to my parents as a gay man. That was quite difficult. That debate was had in politics long ago, and now we are just beginning to get to grips with the issue of mental health. That shows how difficult it is for so many people in the country. I commend all who spoke today so honestly. It was an honour to have been here in the Chamber.

Over the two and a half years since my election, I have had a raft of new experiences in this place. Getting to know and understand how Parliament works presents Members with many challenges. There are so many nuances—for instance, the processes of law making, the Committee structures and procedures, and even the very language we have to use in Parliament. And today is part of another process that I am trying to understand.

Perhaps naively, I never quite realised what I was letting myself in for when I entered my name in the book in the No Lobby for the ballot. I realise, however, that it is a great privilege to have found my name in the top 20, because it has given me the opportunity to present this Bill. I realise, of course, that this is only the second step in a rather long process, and I know that I will have many more things to master along the way. I hope that I will do so without letting the House down. I am grateful for the opportunity. I also wish to put on the record my thanks for the tremendous help and advice I have received from the Clerks of the House and all the civil servants who have given me as much information as I have asked for, whenever I have needed it.

If supported, the Bill would create a new power for prison governors and directors to destroy or otherwise dispose of any unauthorised property found within a prison or escort vehicle. That could include items that it is generally unlawful to possess, such as controlled drugs or an offensive weapon, or items that are illegal to have in prison, such as mobile phones and sound-recording devices. They could also be items that could threaten prison security and safety, such as property altered to conceal drugs for smuggling. Finally, they could be items that are inappropriate for prisoners to have in their possession, such as items smuggled in or coerced from another prisoner.

I want to talk about why the Bill is needed and what the problem is. It will probably stagger the House to discover that there is a need for such a Bill. I am afraid to say that there is. Currently, there is nothing in law giving any power to governors to destroy property that prisoners should not have. As a result, astonishingly, any item seized has to be stored by governors and kept in safe keeping for the duration of the prisoner’s term.

[Jacob Rees-Mogg (North East Somerset) (Con)]

I am extremely grateful to my hon. Friend for giving way so early on. How will the Bill work in relation to illegal items, which it would be unlawful for an ordinary member of the public to own? We are not saying, are we, that we give guns back to prisoners at the end of their sentences and then arrest them for possessing a gun? Perhaps my hon. Friend could explain.

[Stuart Andrew]

No, my hon. Friend is quite right. We would not be giving guns back; they would, of course, be given to the police to deal with. However, there will be anomalies along the way, and I am sure that many hon. Members will help me to ensure that the Bill is as tight as possible on such issues.

[Sir Peter Bottomley (Worthing West) (Con)]

As my hon. Friend has made such a generous offer, let me congratulate him on introducing the Bill and ask whether during its progress, perhaps in Committee, he might consider the question of illegal drugs. The last time I looked, which was some time back, prisoners were being found with illegal drugs more than 20,000 times a year. Are those recorded as crimes, or does it depend on whether the drugs are discovered by the Prison Service or the police? What happens afterwards? Presumably drugs will not be given back if they have not been consumed already.

[Stuart Andrew]

This debate is already demonstrating that there will be a lot to talk about in Committee. Indeed, I hope that my hon. Friend will consider joining me on that Committee. He is absolutely right: items that are illegal would never be returned. They would be sent to the police to deal with.

To return to the point I was making, it is frankly astonishing that items seized by the governor are held in safe keeping simply to enable prisoners to claim them back on their release. That is not only a perverse part of the law; it is frankly wrong. It is also astonishing to discover that the system is having a huge impact on the public purse in what are very difficult times.

[Mr Robert Buckland (South Swindon) (Con)]

The possession of unlawful articles such as drugs and firearms are separate criminal offences that are capable of prosecution. There are provisions in the relevant pieces of legislation—for example, the Misuse of Drugs Act 1971 and the Firearms Act 1968—that would allow for the forfeiture and destruction of those items. My hon. Friend is rightly seeking to deal with an anomaly. Items such as mobile telephones need to be confiscated because they are becoming a menace.

[Stuart Andrew]

I am grateful to my hon. Friend. His background in law and his experience are showing far more than mine, as I have not been in the law. He is right. Indeed, I am sure the House would be amazed to learn that the real problem is mobile phones. Some 41,000 mobile phones alone are currently being held in storage by the Prison Service. They are all waiting to be claimed by people who frankly should not have had them in the first place. All those mobile phones are being stored and administered by staff who are already busy in their day-to-day jobs. Furthermore, there is a genuine concern that the legal position might not enable prisons to deal with unauthorised property, such as that which has been adapted for unauthorised use—for example, radios with the mechanics removed to enable drugs to be smuggled into the prison.

As I said earlier, the current position is considered perverse. It is remarkable that although a prisoner can be prosecuted for smuggling a mobile phone into prison, under the Offender Management Act 2007, or for possessing a mobile phone in prison, under the Crime and Security Act 2010, that item is retained at the taxpayer’s expense and then returned to the prisoner when they leave. What sort of message does that send out, particularly to the victims of crime? That is why there is a genuine need for this Bill.

[Philip Davies (Shipley) (Con)]

My hon. Friend’s Bill says that such property can be either destroyed or otherwise disposed of. I just wonder what he has in mind by “otherwise disposed of”. Does he envisage prisons setting up a sideline selling things on eBay, for example?

[Stuart Andrew]

No, I am most certainly not suggesting that. However, I hope that the Bill will finally allow prison governors to sell such property, and then donate the money to charities such as Victim Support, perhaps. In that way, the proceeds of those criminal activities could go back to the victims who have suffered at the hands of those prisoners.

[Iain Stewart (Milton Keynes South) (Con)]

I add my congratulations to my hon. Friend on securing this slot. Further to the proposals to sell those items and give the proceeds to charity, he might like to know that certain charities can use old mobile phone handsets, in this country and in developing countries. Might that be an appropriate way of disposing of them?

[Stuart Andrew]

My hon. Friend, as ever, makes a wise contribution. That suggestion is also of great merit. It would be good that those items could be used in that way, and we will certainly consider his suggestion as the Bill continues through the House.

The situation is not only ludicrous from a legal point of view; it sends out entirely the wrong message. Unauthorised items can prejudice safety and security in prisons, and there have been instances of their being linked to serious crimes. Mobile phones, for example, have been used to organise crimes including murder, drug dealing and witness intimidation, and to access social networking sites.

When I was researching these matters, I was astonished to see the amount of mobile phone communication that had taken place from prisons. I have some examples here. Murders have been carried out from prison. In April 2006, Andrew Wanogho was shot dead in a London street in the early hours. The culprit had a cast-iron alibi; he was in jail at the time. The fact that he was on remand in Belmarsh prison had not prevented him from co-ordinating the murder using a smuggled mobile phone, however. Even more shocking is the fact that he rang the victim’s mobile phone after the shooting to check that his rival was dead. It is astonishing that such activities are going on in our prison system. In September 2007, Ryan Lloyd was jailed for life for the murder of Liam Smith, who was shot dead outside a prison in Liverpool in 2006. Lloyd had used a contraband mobile to call an accomplice. In 2009, another gang leader was jailed for organising the murder of a 17-year-old man from his cell in a prison in Humberside.

Drugs have been sold from prison. One drug dealer was behind bars in a prison in Lewes when he realised that he had a captive market, using the fact that there are drug addicts in the prison system. Before his imprisonment, he had been part of a small heroin and cocaine distribution ring based around Worthing. Once inside, he not only continued to run the business, issuing instructions to his team by mobile phone, but expanded his operation to include the prison itself. Packages of drugs were hidden in socks and thrown over the prison walls, to be collected by inmates at pre-arranged times. That was all made possible by the fact that he had access to a mobile phone.

We then come to intimidation from prison. I have a constituent whose 16-year-old son was murdered by a gang of 30 youths. Four of them were prosecuted, but one escaped to Pakistan. He has taunted my constituent from there on Facebook, telling her how much he was enjoying his freedom. That has been terribly difficult for her, because it means that she can never really let go of that horrible day. Let us imagine, therefore, what it must be like to get that kind of intimidation from someone in prison. I think that it would add insult to injury. That happened two years ago, when it emerged that one of Britain’s most dangerous gangsters was using Facebook to threaten his enemies from his high-security prison. The gang boss, who had been locked up for 35 years, was able to correspond with up to 565 “friends” on Facebook for more than two months, until the page was shut down. Some of the things he wrote were, frankly, astonishing. He wrote:

“I will be home one day and can’t wait to look into certain people’s eyes and see the fear of me being there. It’s good to have an outlet to let you know how I am, some of you will be in for a good slagging and some have let me down badly and will be named and shamed”.

The fact that this has come from within the person’s cell is horrendous.

The taunting of victims’ families from prisons is another problem. One of the killers of 16-year-old Ben Kinsella used his Facebook page to taunt his victims’ families from behind bars. He boasted that he was “down but not out”, and for his profile picture he mocked up a T-shirt emblazoned with his face and the slogan “Free Jade Braithwaite”. From his cell, he wrote how he wanted “remote control” so that he could

“mute or delete people when I need to”.

Ben’s sister Brooke, who is 28, said at the time:

“My family and I are appalled that Jade Braithwaite is able to operate a Facebook page from inside prison—and to use the site to protest his innocence is really upsetting. We are disgusted by the comments on the site and feel it is a real insult to Ben’s memory.”

We are letting down these families if we do not deal with this problem. I have more quotes, which I may come back to later, but that gives a flavour of the real problem and its effect on the families of victims and on the victims themselves.

Phones today are not just instruments of communication; they often have cameras and recording devices. Pictures can be taken from inside prison and communicated outside, which could facilitate the opportunity to escape or help with smuggling drugs and other contraband into prison. What message does that send to victims, particularly when we have to store these items if they are found?

There is a real effect on prison discipline. Some items of property may not be illicit in themselves but have not been authorised for possession by a prisoner, including items that might have been smuggled in by visitors or obtained from another prisoner. Currently, too many prisoners use the lack of legislation to their own advantage. Prison officers discover items, but prisoners know that no legislation is in place to allow their destruction and demand that the items are put in storage. That is bad not only for good order, but for the morale of staff who work in the prison.

Glyn Travis of the Prison Officers Association states:

“The POA welcome this Bill and believe it is long overdue. Staff do get frustrated when they work hard to confiscate contraband and are then taunted by prisoners who use the loophole and force staff to store the property for them when they are released. This has a knock on effect and cost to the tax payer as property has to be transferred if the offender is. If property is classed as illegal/contraband, it should be destroyed and not stored. If the loophole is not closed compensation claims may arise if property is lost.”

If we do not pass the Bill today, we will let down the people who work so hard for us in those prisons.

The impact on resources within the prison system is another issue. When I was doing research for this Bill, I visited HMP Leeds—I hope it will prove to be the only time I go there—which is an extremely large and imposing Victorian building in which space is at a premium. I am extremely grateful to all the prison staff who gave up a considerable amount of their time to talk me through the process of prisoners entering the prison and to explain the many issues they face daily. They also told me what the problems were in the prison system.

As many Members will know, when prisoners arrive from court they must declare the items they have on them, and those that are permitted in the prison are listed on a card for the records. Prisoners are allowed to keep some of the items on them, and some will be stored. That is legitimate, and the Bill does not deal with those items. Others, such as mobile phones, are not allowed, but as long as prisoners have declared them in the court, they will be listed on a second card and stored until the prisoners are released. Storing the legitimate items is demanding enough given the number of people who are involved in the prison system, but the pressure is increased by the fact that prison staff are forced to store all the unauthorised items as well. It is estimated that storing the tens of thousands of mobile phones alone costs about £20,000 a year.

[Dr Julian Lewis (New Forest East) (Con)]

Are steps taken, or sanctions imposed, when people are found smuggling items into prison, and do prisoners who are found to have been receiving items inappropriately lose any privileges?

[Stuart Andrew]

In some cases restrictions are imposed, but one wonders how many people are smuggling things into prisons and hiding them without being detected. Why would they fear being caught if they know that the items that they have smuggled in may be stored? We want to send the clear message that it is not even worth trying, and I hope that that is what the Bill will do.

[Jacob Rees-Mogg]

What is the current practice when items are not claimed on prisoners’ release? If they have forgotten about their mobile telephones when they leave, can the items be destroyed at that point, or must they kept ad infinitum regardless?

[Stuart Andrew]

I understand that many thousands of items are currently being held in storage that have not been claimed. I do not know whether there is a time limit—perhaps I ought to find out and write to my hon. Friend with some clarification—but I gather that at least six months’ worth of items are in the prison system.

When I visited the prison in Leeds, I saw that every bit of space was being used. The prison gates have towers a bit like those at Windsor castle but, of course, nowhere near as glamorous, and even the turrets are being used for storage. The staff are having to find every corner that they can, which is frustrating for them, and, as I said earlier, it is having a knock-on effect on morale.

[Jacob Rees-Mogg]

That raises an interesting point. Given that all these things are being stored in any space that can be found, and given that they are being stored in prisons, what happens if they are stolen? That must be quite a risk with all those criminals about. Are the Government liable for the replacement of stolen items, and does the cost fall on the Government?

[Stuart Andrew]

I believe that the items are destroyed after 12 months. As for their being stolen, my hon. Friend tests my knowledge. I did not ask prison officers that question, but perhaps I will go back to Leeds prison and ask for an answer. Again, I shall be happy to give my hon. Friend some clarification.

I hope all this demonstrates that although the Bill is not particularly extensive it is long overdue. It is intended to reverse an outrageous and perverse position by creating a statutory power for governors to destroy or dispose of unauthorised property. It is also retrospective in nature in that it enables the destruction, or other disposal, of certain items of property that were seized prior to the commencement of its powers and which remain unclaimed six months after commencement. This measure applies to cameras, sound-recording devices and electronic communication devices, including mobile phones, and their component parts. It is illegal to take all those items into prison, and they are items that cause particular concerns with prison security.

It is considered that this retrospective application is fair and in the public interest. It is a limited power, and will finally enable the Prison Service to deal with the 41,000 mobile phones that are currently held in storage. During the six-month period I have just mentioned, prisoners will be able to make representations against an item’s destruction. All such representations will be considered, but it is right that the power is given so we can deal with this problem.

[Iain Stewart]

Under clause 1, the governor or director of a prison may dispose of property where the ownership “cannot be ascertained.” Is there a defined process and time limit for that? I ask that because I am concerned that my hon. Friend’s otherwise excellent Bill may be undermined by there being a loophole that prisoners could exploit. He may not have the answer to my question at his fingertips now, but I ask him to reflect on this point as the Bill progresses.

--- Later in debate ---

[Stuart Andrew]

We intend to consult as widely as possible on what that time period should be. It is up to the person who wishes to claim an unattributable piece of property to prove that it belongs to them. If they cannot do so, the governor will be allowed to destroy it.

[Mr Edward Leigh (Gainsborough) (Con)]

I support my hon. Friend’s Bill, and I raise the following point only to ensure we have a rigorous debate. While I accept that the state has the right to confiscate and destroy articles that are in themselves illegal, such as drugs, we should be wary of giving powers to the state to confiscate and destroy, for its own purposes and profit, goods that are not illegal, such as mobile phones. I raise this point so my hon. Friend can give a satisfactory answer, and assure us that prisoners are a particular category in this respect, and that this is in no way the thin end of the wedge in conferring on the state powers that we would not normally want it to be given.

[Stuart Andrew]

My hon. Friend is right: we need to ensure that this Bill does not give powers that can be taken too far. That is why prisoners will have an opportunity to claim property and appeal for it not to be destroyed. We want to consult on this issue, in order to address the concerns my hon. Friend raises and to make sure we get the Bill absolutely right.

I hope I have succeeded in convincing colleagues of the need for this Bill.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

There are two penal establishments in my constituency; one of them is an open prison, and the other is for young offenders. People who have been barred from attending matches at the local football club have to go to the open prison when games are being played, and they take their mobile phones with them and put them in a locker. Can my hon. Friend assure me that this measure will have no unintended consequences, so that, although mobile phones may be deemed unauthorised items, people will still be able to take them when they leave?

[Stuart Andrew]

No, there should be no unintended consequences, but I am grateful to my hon. Friend for raising the point and will ensure that we double check all the points that have been raised on Second Reading.

I wish to conclude by quoting Jean Taylor, the founder and chair of Families Fighting for Justice. She wrote to me, stating:

“My opinion regarding the matter of a prisoner being given back any illegal item on release from prison is that it is absurd. We may as well give a criminal any items he steals from a property once he has served his time… If something is smuggled into prison, it is therefore illegal, but it also can be used to further taunt a victim’s family, who are already suffering, by means of phone calling them, if it is a phone, or leaving instructions to one of their friends on the outside to fix a job for them.”

I believe that the Bill is long overdue. We should deal with this once and for all. We owe it to people in the Prison Service, to the governors, who frankly should have overall jurisdiction within the prisons, and, more importantly, to the victims of crimes. I commend the Bill to the House.