Prison Officers: Pension Age Debate

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Department: Ministry of Justice

Prison Officers: Pension Age

Wendy Morton Excerpts
Tuesday 8th October 2019

(4 years, 9 months ago)

Westminster Hall
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Wendy Morton Portrait The Parliamentary Under-Secretary of State for Justice (Wendy Morton)
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It is an honour to serve under your chairmanship, Mr Hanson. I understand that your chairing the debate is quite fitting, given that you still have a special interest in prisons and all things justice-related.

I start by thanking my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson)—the beautiful Isle of Sheppey, as he referred to it—for securing the debate on this important subject. He clearly demonstrated an ongoing commitment to raising awareness of the issues around the three prisons in his constituency, the prison officers and their families. I thank other hon. Members for their contributions. In the time I have, I will endeavour to answer as many as possible of the questions that were put to me.

Let me begin by providing a little of the history of prison officer pensions, for those who may not be aware of the retirement ages for prison officers and how they have changed since 2007. Pensions are, by their very nature, complex, but I will try to be brief. Prison officers are members of the civil service pension scheme, the policy and rules of which are owned by the Cabinet Office. Prior to 2007, the retirement age for those covered by that scheme was 60. Following an annual review by the Government Actuary’s Department, a new career average pension was brought in, with a pension age of 65 for new entrants from July 2007.

The demands of the prison officer role were considered at that time, and it was decided that when compared with other civil servants in the scheme who had demanding roles, such as seamen on Royal Fleet Auxiliary ships, a special exception could not be made. The Prison Officers Association signed up to the 2007 scheme, which introduced a pension age of 65. In 2015, a new scheme was introduced that regularised the position for most staff and changed the pension age to 65, or to a staff member’s state pension age, which for many is 68.

It is important to be clear that the Government are alive to the issue and the views of staff and trade unions on retirement age. Efforts have been made twice—in 2013 and again in 2017—to provide a route to lowering the retirement age. The 2013 package offered prison officers the ability to purchase a lower pension age of 65 through the payment of heavily subsidised additional contributions into the scheme, with the additional option to pay further contributions to purchase a pension age of 60. A similar offer was made to prison officers in 2017, but there was no cost to the individual member of staff to purchase a lower pension age of 65. Both offers were rejected by the POA membership.

A comparison has been made today with firefighter and police pensions. Staff in those schemes have a retirement age of 60. Although it is true that work in those roles has some similarities to the work of prison officers, as was raised by my hon. Friend the Member for Sittingbourne and Sheppey, because of the higher physical demands consistently placed on firefighters and the higher potential for serious injury and fatality in both roles, the Government felt that the role of a prison officer was not analogous to those in the emergency services.

Putting that assessment to one side, it is crucial to understand that that lower retirement age is supported by pension contributions by staff of up to 14%—almost 10% higher than the average 5.45% contribution rate in the civil service. It is not, therefore, a like-for-like comparison. Should a change in retirement age be contemplated again in the future, it would involve a significant increase to the staff contribution to the scheme.

Grahame Morris Portrait Grahame Morris
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Will the Minister give way?

Wendy Morton Portrait Wendy Morton
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I am going to make some progress. I am really trying to get through these points in the time that I have.

The role of prison officer is a diverse, interesting and critical one, parts of which can be physically demanding. All prison officers who joined the service after April 2001 must pass an annual fitness test in order to remain prison officers. We do not discriminate on the basis of someone’s age; many factors determine a person’s ability to pass a fitness test. Staff who do not meet the annual fitness test standard are provided with advice and support by a fitness assessor on achieving and maintaining the required fitness level.

The Prison Service recruits staff to work up to the normal pension age of 65, and it has employed new prison officers in their 60s who have passed the fitness test and are performing their roles effectively. In addition, many staff who have the right to retire at 60 choose to work beyond their retirement age. It is therefore not true to say that it is inappropriate or unsafe for prison officers to work over a certain age.

My hon. Friend the Member for Sittingbourne and Sheppey is right when he says that we must recognise the commitment, bravery and hard work of our prison officers.

Jonathan Lord Portrait Mr Jonathan Lord (Woking) (Con)
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Will the Minister give way?

Wendy Morton Portrait Wendy Morton
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Let me see if I can make some more progress, and then, if time allows, I will give way.

The Prison Service and Ministry of Justice already recognise and reward excellent staff work through a range of awards and honours, such as the Prison Service long service and good conduct medal, the prison officer of the year award and the Butler Trust awards. We are also proposing to the honours, decorations and medals committee the introduction of a new Queen’s Prison Service medal. The concept of a covenant has been raised, and I assure my hon. Friend that we are already considering whether such a covenant for prison staff would be beneficial.

The Government seek pay recommendations from the independent Prison Service pay review body. We recently accepted in full its recommendations for 2019-20, which resulted in the highest increase for prison staff in more them 10 years, with band 3 prison officers—the largest group of staff—receiving a headline increase of 3%.

On the Isle of Sheppey, recognising the competitive labour market, we implemented a market supplement to support the recruitment and retention of staff. This means that the current starting salary for a prison officer at the Sheppey prisons, as well as a number of other sites in the south-east, is £27,293. After an officer has gained four years’ experience, that salary increases to just shy of £30,000.

HMPPS takes very seriously, as I think we all do, the health and safety of all staff working in prisons, whatever their age. Staff have access to on-site care teams and to an employee assistance programme that includes confidential 24-hour support, 365 days a year. They are covered by a wide range of occupational health services provided by specialist healthcare professionals. HMPPS has invested in nearly 6,000 body-worn video cameras and has started to implement the national roll-out of PAVA, which is a synthetic pepper spray. We are also introducing rigid bar handcuffs for use by prison officers as part of our continuing focus on improving safety and reducing violence.

We take attacks on our prison officers seriously. Under the Assaults on Emergency Workers (Offences) Act 2018, they are treated equally in law with assaults on the police and other emergency service workers. HMPPS has been working closely with the police and the Crown Prosecution Service to ensure that they understand the impact of crimes committed in prison. In May, we published the new crime in prison referral agreement between HMPPS, the police and the CPS to provide a more consistent approach to dealing with these matters. In addition, as part of a crackdown on crime behind bars, the Government are investing £100 million through the introduction of airport-style security measures, cutting-edge technology to detect and block mobile phones, and new funding to tackle corruption. Coupled with the 4,700 additional staff recruited since 2016, that investment should have a major impact on crime behind bars.

The Government are investing £2.5 billion in 10,000 new, modern prison places and will also spend an extra £156 million next year on maintaining our existing jails. That will give us space to absorb any rise in prison population created by the increase in police officers on our streets, along with tougher sentencing for the most serious offenders. Our ambition is to create a decent, safe and secure estate that is sustainable into the future.

Jonathan Lord Portrait Mr Lord
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I welcome much of what the Minister says, but does it not underline the point that if we are to have a police officer covenant, a prison officer covenant would also be a good idea? It would be a way of recognising prison officers and ensuring that we treat them in the right way, both during and after their service.

Wendy Morton Portrait Wendy Morton
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I am grateful for my hon. Friend’s intervention. I think I have already addressed his point in my speech, but it is clearly a point that he is interested in.

The first new prison will be built on land adjacent to the existing well-performing maximum security prison at Full Sutton. Along with further building works, it will be subject to Government working through the best value-for-money options. I thank my hon. Friend the Member for Sittingbourne and Sheppey for suggesting the existing cluster of three prisons on the Isle of Sheppey as a location for a further site. [Interruption.] I believe he is indicating that he would be happy with a fourth, but I am sure that he will understand that decisions on the location of further sites have not yet been made.

It is again too early to say whether the new prisons will be privately or publicly run, but the Government are committed to maintaining mixed market provision in the custodial sector, with prisons run by both the public and the private sectors. Any decisions on the future management of the new build prisons will be announced in due course.

Grahame Morris Portrait Grahame Morris
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The Minister is setting out the case for financial prudence, but may I point out that private prisons account for 15% of the prison population but almost 25% of the budget? If we are being prudent with the public finances and looking to secure a decent settlement for prison officers, surely we should not be privatising our prison service.

Wendy Morton Portrait Wendy Morton
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As I said, it is too early to say whether the new prisons will be privately or publicly run, but no doubt we will be debating that question for some time to come.

On recruitment and retention, we know that retention of staff will take more than a one-size-fits-all approach, so specific action is being taken where attrition is most acute. Improvements to the recruitment process are ongoing and are aimed at reducing the time and cost of hiring, increasing the diversity of new recruits and ensuring that we attract the right people with the right skills.

Jo Stevens Portrait Jo Stevens
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Will the Minister give way on that point?

--- Later in debate ---
Wendy Morton Portrait Wendy Morton
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If the hon. Lady will forgive me, I will press on. I have only five minutes left, and I would like to leave my hon. Friend the Member for Sittingbourne and Sheppey time to wind up.

The hon. Member for Motherwell and Wishaw (Marion Fellows) pointed out that eight prison staff are assaulted every day, and she spoke about morale and impact assessment. As prison officers are part of the wider civil service pension scheme, any impact assessment would consider a range of professions. There is a range of physically demanding roles, and when the pension scheme was introduced an exemption for prison officers was not seen as appropriate. I believe that workforce policy in Scottish prisons is devolved to the Scottish Government.

I thank all hon. Members for their contributions. I particularly thank my hon. Friend the Member for Sittingbourne and Sheppey for bringing this debate to Westminster Hall. Although I understand the concerns of staff and their trade unions about retirement age, there are no plans to consider an exceptional package to allow prison officers a lower pension age than their colleagues across the civil service. I am grateful to my hon. Friend and all hon. Members for their time and for sharing their views with me this afternoon.