Prisons (Property) Bill

Debate between Stuart Andrew and Jacob Rees-Mogg

Friday 14th September 2012 Commons Chamber

[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.

--- Later in debate ---

[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.