Criminal Law

Wendy Chamberlain Excerpts

Thursday 25th July 2024 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

Thank you, Madam Deputy Speaker. I congratulate you on your election, as well as the other Deputy Speakers, and welcome you to your place.

I would not go so far as to say that I welcome the measures that have been outlined today and what is being proposed, but I and the Liberal Democrats recognise that this is probably the only step that the Government can take to deal with the situation. We are looking to relieve pressure on prisons against a backdrop of concern that the prison population is rising beyond the operational capacity of the prison estate. Indeed, as of July 2024, the prison population in England and Wales was measured as 87,453, whereas operational capacity is 88,864. As Members have highlighted, reoffending rates remain high, with 75% of ex-inmates reoffending within nine years of release, and 39.3% reoffending within the first 12 months. It is estimated that reoffending costs our society more than £18 billion a year.

We should also recognise that violence against prison staff has soared as they cope with these capacity issues; an average of 23 attacks were recorded every day last year across England and Wales. Issues with staff recruitment and retention have persisted, with English prisons running red regimes due to falling below minimum staffing levels at least 22 times in 2023. It is right to recognise that the problem is partly due to the backlog in our criminal courts, which skyrocketed under the previous Conservative Government. I found the official Opposition’s response today quite stunning. We want to work as a constructive Opposition, so that we can help deal with issues around prison overcrowding, so for them to press the Lord Chancellor for answers when they know the answers—they knew them before the last election—is quite something. As of March 2024, remand populations have risen by 84% to a record high of over 16,000 people, accounting for almost 20% of the total prison population. It is quite clear that we need to take action on that issue. Back in November 2023, the previous Administration recognised the issues around prison overcrowding and introduced their own emergency measures, so surely they should recognise today that further measures are necessary.

This is about our criminal justice system as a whole, and trust in our criminal justice system as a whole is at an all-time low. The new Government talk about being a Government of service. I was a police officer for 12 years, and I consider that to be part of the public service I have given. I want to mention the shocking footage from Manchester airport yesterday. As a former police officer, I was deeply disturbed by what I saw. I also want to share my concern and thoughts for the families of the two police officers and the members of the public who were seriously injured in a car accident on the M8 outside Glasgow yesterday.

The issues facing the Lord Chancellor are not limited to England and Wales. Indeed, the Scottish Human Rights Commission has today published a report criticising the Scottish Government’s “glacial pace of change” in tackling overcrowding, suicides and mental health provision in our prisons. Only last month, the Scottish Government were making decisions similar to those being made by this Government in relation to releasing prisoners earlier. Although, as with this Government, there are exceptions to that overall approach, I absolutely understand the concerns of victims in seeing the early release of those who have offended against them, and that is something we must continue to recognise.

Although the Government have outlined that there will not be a sunset clause in the SI, and that they are looking to bring this to an end in 18 months’ time, I would appreciate some clarity from the Lord Chancellor on reporting to this place on the progress being made. This House can estimate whether the situation continues to be an emergency only if we have the data and are aware of the effect of what is being proposed today.

We need to ensure that what the Government are doing is the right thing, but we also need to know what further steps they are taking. We must address the systemic issues in the criminal courts, because these failures are failing victims on convictions in the first place. The Probation Service is also a critical part of this. I want to add that I watched the maiden speech in the other place of the new Minister for Prisons, Parole and Probation, and I was encouraged by what I heard. The Liberal Democrats are clear that cutting reoffending must be at the heart of the Government’s plans to end the prison crisis.

We know that prisons are in crisis—they are overcrowded and understaffed, and they are failing to rehabilitate offenders—but in order to prevent and reduce reoffending we need to ensure that we are improving the provision of training, education and work opportunities in prisons. We should be considering a through-the-gate mentorship programme and introducing a plan to improve the rehabilitation of people leaving prison. The Liberal Democrats want to implement a presumption against short sentences of 12 months or less to facilitate that rehabilitation in the community.

As the Minister in the other place recognised yesterday, if we do not have the right conditions in our prisons, we are only making our prisons a place where people learn how to reoffend, rather than preventing it. We need the Probation Service to have the resources it needs. We need to improve and properly fund the supervision of offenders in the community, with far greater co-ordination between the Prison Service, Probation Service providers, the voluntary and private sectors, and local authorities, and that will achieve savings in the high costs of reoffending.

The Liberal Democrats recognise that this is the only option the new Government can take. As I say, I would not go as far as to say that I support what is being proposed, but I recognise on behalf of my party that it is the only option left to the Government at this time.

[Madam Deputy Speaker (Ms Ghani)]

I call Andy Slaughter.

IOPC Report on Metropolitan Police Officers' Conduct: Charing Cross Police Station

Wendy Chamberlain Excerpts

Wednesday 2nd February 2022 Commons Chamber

[Kit Malthouse]

We have not refused at all. We have said we will consider it, along with all the other horrendous crimes that, sadly, teem around this country and which we have to deal with. As I say, we will publish our findings on the strategic policing requirement shortly.

[Wendy Chamberlain (North East Fife) (LD)]

I am the only female former police officer currently serving in this place. Although I served with dedicated officers, I would be lying if I said that I did not recognise an element of the culture from my own service over 28 years ago. Training is absolutely vital. Post the Stephen Lawrence inquiry, all police officers and staff across the UK attended three days of diversity training. It was a big undertaking, but it visibly demonstrated to the public that we were taking this seriously. What steps is the Minister taking and what conversations is he having with the College of Policing for something similar?

[Kit Malthouse]

The hon. Lady speaks with knowledge and she is exactly right. We are in intensive conversation with the College of Policing, which, as I hope she knows, is under new leadership, to ensure that we get the package of training exactly right, and, specifically, that the training catches up with modern phenomena, which perhaps it has been a little slow to do, such as social media.

Sexual Misconduct in the Police

Wendy Chamberlain Excerpts

Wednesday 20th October 2021 Commons Chamber

[Kit Malthouse]

Well, I am grateful that she does, because gathering that kind of intelligence is exactly what we need. As she will know, there is an ongoing review of MPs’ safety and the kind of hatred and abuse that she and others have to put up with online.

In terms of the wider issue about cultural change, the hon. Lady is right. I cannot comment on the individual disciplinary proceedings around that horrendous murder in north London, but she is right that part of our restoring the trust and sense of integrity in British policing is making sure, when such events happen, that the disciplinary proceedings and consequences are swift and certain; that they are conducted with rigour and alacrity; and that there is transparency about them so that the notion that the police are defensive on those issues is completely dispelled.

[Wendy Chamberlain (North East Fife) (LD)]

I associate myself and my party with the tributes paid to James Brokenshire earlier, and I send my condolences to his family.

The Minister mentioned the increasing gender diversity in the police force. A way to continue that trend is to ensure that we effectively demonstrate that internal complaints are being dealt with appropriately. A Unison survey four years ago found that the more serious the behaviour, the less likely to challenge it police staff were. Some 39% said that they would find it easier to keep quiet. As a former police officer, I sadly suspect that little has changed. What consideration is being given to the management and encouragement of reporting of internal complaints, particularly those that do not necessarily become criminal but do constitute misconduct and suggest a potential course of conduct?

[Kit Malthouse]

I am grateful to the hon. Lady, who brings her experience to bear on this area. The message we get from the inspectorate, which has looked at the issue over a number of years and no doubt will again, is that there has been change and improvement in a number of police forces, but it is too patchy, and that the greater resource and greater use of software in many ways—for reporting and for detection—could be more widespread.

The hon. Lady will know that a number of forces have software that detects when officers are accessing certain kinds of material on databases about victims or witnesses, which is useful. We have had several situations where officers have been caught illegally accessing that information and disciplinary or criminal proceedings have resulted from that. As she rightly points out, however, there is still a hell of a lot more to do, and I hope and believe that the working group that the NPCC has set up, in which, as I say, the Home Office is participating, will bring about the real change she is looking for.

Oral Answers to Questions

Wendy Chamberlain Excerpts

Tuesday 8th December 2020 Commons Chamber

[Robert Buckland]

My hon. Friend is right to raise an important issue that we undertook to get ready by the end of the year. I am confident that it will be ready by the end of the transition period to provide EU, EEA and European Free Trade Association citizens here in the UK with an additional layer of assurance that their rights will be safeguarded. We have had a dedicated project team in the Ministry working on that, and the IMA has taken up residence at headquarters in Swansea, my old stamping ground—with tribute to the hon. Member for Swansea East (Carolyn Harris).

[Wendy Chamberlain (North East Fife) (LD)]

  Over the last few weeks, there have been concerning reports that there were more cases of covid in prisons in October than in the previous seven months combined. In some prisons, that has led to restrictive regimes that have had a real impact on mental health. What conversations has the Lord Chancellor had with the Secretary of State for Health about when we should be vaccinating prisoners in order to protect prison staff and prevent hotspots from forming?

[Robert Buckland]

It is important to note that, as a result of increased diagnosis and testing, we have been able to establish with greater certainty the number of prisoners who are symptomatic or asymptomatic. We were not able to do that in the first wave, so the true numbers of covid sufferers were probably not clear to us; they are much clearer now. With regard to vaccination, it is important that we prioritise those who are the most vulnerable and at risk of death or serious illness. That is why, as with the rest of the population, we will be inoculating the older part of the population and those who are vulnerable. That will inevitably include staff, on whom I place a very high premium, and some prisoners. We will continue to work with Public Health England and Public Health Wales to ensure that we bear down on covid in our prisons.

Probation Services

Wendy Chamberlain Excerpts

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

I am very grateful to my hon. Friend, who has long taken a keen interest in these issues. She is absolutely right to highlight the good work of that particular organisation—in particular, its specialised work with regard to stalking and the victims of stalking, which is very much on my mind. I want to harness the best of that in the future with the dynamic model, and dedicated staff would indeed be able to transfer across.

[Wendy Chamberlain (North East Fife) (LD)]

One of the biggest causes of reoffending has been the failure to ensure properly effective through-the-gate services. We know that suitable housing, stable employment and strong family relationships all help to reduce the risks, so will the Government now ensure that the last few months of the custodial sentence are devoted to creating that foundation, and involve third sector organisations in that work?

[Robert Buckland]

The hon. Lady makes a very good point. She will be glad to know that last year we invested a further £22 million in through-the-gate services in England and Wales. I have seen for myself how probation officers working in prison on offender management in custody really creates a cohesive approach where the prison officers, together with the probation service, are working weeks or even months in advance of release. That is very much part of our ethos. We are going to increase our emphasis on that and use tools such as release on temporary licence in order to make the transition as smooth and as safe as possible, not just for the offender but for the public.

Prison Staff: Health and Safety

Wendy Chamberlain Excerpts

Wednesday 18th March 2020 Westminster Hall

[Wendy Chamberlain (North East Fife) (LD)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I congratulate the hon. Member for Easington (Grahame Morris) on securing the debate on this critical issue, and I wish him a speedy recovery. I also thank the hon. Member for East Lothian (Kenny MacAskill) for stepping in at short notice.

First, it is important to consider what we, as a society, believe the purpose of our prisons to be. I am a former police officer and have witnessed at first hand the wide, varied and complex reasons why people end up offending and, consequently, entering our justice system. Surely the main aim of our prisons is to rehabilitate offenders so that they leave and do not go on to reoffend and are able to make a positive contribution to society. Punishment is obviously a factor, but in the vast majority of cases it should be secondary to rehabilitation.

However, the challenges facing the Prison Service make that very difficult to achieve. Tom Halpin, chief executive officer of community justice organisation Sacro, commented:

“The current overcrowding in Scottish prisons means the focus is on security and safety…Rehabilitation—particularly for those on short sentences—is simply not a priority.”

Prison staff are central to achieving positive outcomes for prisoners and wider society. They need to be properly supported, and to receive good training and the right resources to help them to rehabilitate. Failing to deliver that contributes to the poor health and safety of staff, as we are discussing.

As Members have laid out, the current situation for prison staff is frankly intolerable. Assaults on prison staff have been rising for more than 10 years and for every 1,000 prisoners in England and Wales there were 35 assaults on staff in 2010; last year, the figure had risen to 121.

It should not be like that. Every person should have the right to feel safe at their place of work. We must do better. Ultimately, our prisons are under-resourced and overcrowded. As of last July, Scottish prisons were close to capacity after the number of inmates increased from 7,400 to more than 8,200. Although prison staff numbers in England and Wales have increased since 2014 to 23,000, that is still fewer than were employed in 2010.

Prison staff are working at capacity, so they do not have the time to access the training and development they need to do their jobs better. That means they are not developing. As the hon. Member for East Lothian said, it is about not just initial training but ongoing professional development. A member of staff in the prison sector said:

“I feel the poor environment in establishments has been caused by inexperienced staff training new staff. The training staff unfortunately think the state of the prison is just the norm, and are teaching the new staff the wrong way to deal with situations and making some very dangerous decisions”.

That problem is compounded by the fact that staff retention is challenging. Last year, 38% of those who left the workforce in England and Wales had served in the Prison Service for less than one year; the figure in 2010 was just 7%. Things have totally deteriorated, arguably to crisis levels. If the service cannot retain staff, the staff cannot gain the skills and experience to deal with and support the complex needs of many in our prison or justice systems. That results in a huge burden on staff’s mental health. We must remember that health means mental as well as physical health. If we believe that both are equally important, we must demonstrate that by giving the support required.

The largest cause of sickness absence in the prison service is stress. In 2018-19, the Scottish Prison Service lost more than 14,000 days due to stress-related absence, an increase of 32% on the previous year. Just as we are trying to create workplaces that conform to physical health and safety standards, we must ensure that we create mentally healthy workplaces. Another member of prison staff said:

“I have seen perfectly healthy people join in the last 12 months and become very ill due to prison work and the lack of discipline to create a safe space for prisoners to live.”

I am keen to hear from the Minister on what further steps are being taken in Her Majesty’s Prison and Probation Service. Does it have a mental health first aid programme? What steps is it taking to discourage presenteeism? Acknowledgment of mental health issues and early intervention can support better recovery and an earlier return to the workplace.

The “Safe Inside Prisons” charter, recently launched by the Joint Unions in Prisons Alliance, suggests some ways to help relieve the burden on staff. Primary among them is a proposal to introduce a single reporting system for violence in prisons, as the current system is very fragmented. Staff need to feel they can support any incident, and we need to make it easier for staff to do so. A new system should be accessible both internally and externally so that staff can report incidents away from the workplace.

I am pleased to have signed the early-day motion on this matter, tabled by the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), which I am pleased to see has gained widespread support from all corners of the House. In particular, I highlight the part of the motion that refers to prison staff as “diligent, brave and committed”. I echo those remarks. The service they provide is remarkable and the Government need to recognise that by providing the resources required to help them.

I call on the Government to commit to a zero-assault ambition for prison staff and to use radical evidence-based policy to address the causes of violence in prisons. Everyone has the right to feel safe in their place of work. Although I welcome the Government’s commitment last year of £100 million to fund airport-style security for prisons, we must ask whether that is tackling the root causes of violence in prisons. It is not simply about preventing access to offensive weapons but about working to ensure that prisoners do not feel the need to carry them or use them in prison.

Prison will sometimes be the right outcome for certain types of offences and offenders. We need to ensure that it is safe and viable for everyone within it and that it delivers the outcome we want it to achieve, with people serving their sentences, coming out of prison and not reoffending. Overcrowding, under-resourcing and lack of training and development for those on the frontline of our prisons make that objective far more difficult to achieve, and that fails us all as a society. That is now more important than ever. The coronavirus pandemic that Members have referred to means we are entering a crisis that will have an increased impact on the health and wellbeing of both prisoners and staff. It is vital that the Government listen and take swift and decisive mitigating action.