Prisons and Courts Bill (Fourth sitting)
Yasmin Qureshi ExcerptsWednesday 29th March 2017
(8 years, 7 months ago)
Public Bill CommitteesRead Full debate Prisons and Courts Bill 2016-17 View all Prisons and Courts Bill 2016-17 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 29 March 2017 - (29 Mar 2017)
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.
Yasmin Qureshi
I beg to move amendment 22, in clause 2, page 5, line 12, after “prison” insert “at any time”.
This amendment enables the Inspectorate to enter prisons at any time.
The Chair
With this it will be convenient to discuss amendment 7, in clause 2, page 5, line 20, at end insert—
‘(2A) The Chief Inspector may require any person to provide information on—
(a) the adequacy of staffing levels,
(b) the nature of education and literacy programmes, and
(c) the effectiveness of rehabilitation programmes and re-conviction rates.”
This amendment ensures the Chief Inspector has the necessary powers to obtain information relating to staffing levels, education programmes, rehabilitation programmes and re-conviction rates.
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.
Yasmin Qureshi
I beg to move amendment 23, in clause 2, page 7, line 29, at end insert—
“(8) Before this section comes into force the Secretary of State must prepare and publish a report describing progress made towards the implementation of recommendations of the Chair of the Parole Board concerning the treatment of prisoners serving sentences of imprisonment for public protection and detention for public protection and must lay a copy of the report before Parliament.”
This amendment enables issues relating to IPPs to be debated within the long title.
The purpose of the amendment is to deal with the issue of prisoners who have effectively served their custodial sentence but who are still waiting to be released because they have been detained for public protection. It is important because there are currently thousands of people in that category still in the prison system. We ask that the matter be specifically addressed in the Bill.
The amendment would enable issues relating to sentences of imprisonment for public protection to be debated within the long title of the Bill. It would also allow the Government to outline the steps taken to implement the recommendation of the chair of the Parole Board, Nick Hardwick, on the treatment of people currently imprisoned and serving an IPP sentence. If the sentencing issue is not dealt with in the long title of the Bill, it will not be possible to address the injustice faced by thousands of people serving indeterminate sentences for public protection years beyond the expiry of their original tariff date.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 abolished the IPP sentence and introduced powers to change the release test for IPP prisoners. However, although the IPP sentence is no longer an option for the courts, the powers to change the release test have not been enacted, and Her Majesty’s inspectorate of prisons has called on the Justice Secretary to take decisive action to reduce the number of people serving IPPs who have been held beyond the tariff.
Although the rate of release of IPP prisoners has increased in recent years, the effect of Parole Board delays, limited resources, poor procedures for amending risk and the lack of available places on offending behaviour programmes is that a large number of IPP prisoners continue to face significant obstacles to working towards their legitimate release. According to the Ministry of Justice, of the 3,683 people in prison currently serving an IPP sentence, 3,081 have passed their tariff expiry, and 603 remain in prison despite having been given an original tariff of less than two years. I must declare an interest: I have a client who has served his tariff and is still in prison because he is waiting for the IPP procedures to be carried out. That group would not have been able to receive an IPP sentence following the reforms to the legislation introduced in 2009. Instead, it is likely that they would have been given relatively short determinate sentences.
Statistics released by the Prison Reform Trust in June 2016 showed that IPP prisoners have one of the highest rates of self-harm in the prison system, and highlighted the impact of ongoing incarceration on the mental health and wellbeing of IPP prisoners. A thematic review of IPP prisoners published by Her Majesty’s inspectorate of prisons in November 2016 found that the cost to the public purse of continuing to hold high numbers of IPP prisoners and the pressure that they exert on the system in terms of risk management activity and demand for offending behaviour programmes and parole processes are significant. It stated that
“resources are being stretched increasingly thinly.”
It concluded that
“for many IPP prisoners, it is not clear that holding them well beyond their end-of-tariff date is in the interests of public protection and therefore there are issues of fairness and justice”.
Without a legislative change, the Parole Board has confirmed that it will not be possible to reduce the IPP prisoner population below 1,000. It will also be impossible to address the particular injustice faced by IPP prisoners with an original tariff of less than two years or tackle the growing problems of IPP recalls and the disproportionate licence period attached to the IPP sentence.
In my excitement, I might have slightly misled the Committee when I said that one of my clients is still waiting to come out. What I was trying to say is that, in my practice in the past, I have had clients who were detained under the IPP and whose sentence expired, but years later they were still in the system. One of the main problems was that many of those people had to attend a number of different types of courses before they were released, some of which were very expensive and quite lengthy, and the system—the prison, the probation service and the Parole Board—did not allow them to attend them in time to be ticked off as having done them. They therefore ended up spending more time in prison than they had been sentenced for. That is a very relevant issue. There are more than 6,000 people—that is a big figure—who really should be out but are not, and only because the Parole Board was slow in signing them up to those courses.
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
Richard Arkless (Dumfries and Galloway) (SNP)
I beg to move amendment 30, in clause 4, page 9, line 6, at end insert—
“(d) Investigating cases where a person is detained in immigration detention facilities for longer than 28 days.”.
This amendment includes as a function of the Prisons and Probation Ombudsman to investigate where a person has been held in immigration detention for more than 28 days.
Richard Arkless
I am sure it is not lost on hon. Members that it is almost exactly the hour that those awful events happened in Westminster last Wednesday. There are various memorials going on around us. I am sure all colleagues would back me in saying that we would much rather be at those memorials than here, but business goes on, life goes on, laws continue to be made and we have to continue to do our job.
The Bill applies only in part to Scotland; specifically, it applies primarily to immigration detention and its processes. Amendments 30 and 31 would ensure independent oversight of detention periods in immigration cases, and that detention happens with due regard to Home Office rules and the facts of the individual case. Amendment 30 would add to the ombudsman’s powers the function of investigating where a person is held in detention for more than 28 days. Amendment 31 would compel the ombudsman to investigate such cases where detention exceeds 28 days.
The Government know this debate well. During the passage of the Immigration Act 2016, an amendment tabled by honourable colleagues went further than the amendment I have moved today. It would have limited detention for immigration cases outright to 28 days. The Government were defeated in the Lords and the amendment attracted cross-party support in the House of Commons, but was ultimately unsuccessful. I hope that closer consideration will be given to this amendment than was given to the last.
The all-party groups on refugees and on migration have concluded very clearly that there should be a 28-day limit. People held in immigration detention have committed no crime, yet their detention is open-ended, without limit, and could last for years. In no other sphere of our jurisdiction would we allow that to happen. It simply would not happen in the rest of the prison estate—no one would be held for more than 28 days without being placed before a judge—but it happens in our immigration system. The UK is the only EU country not to have a time limit on immigration detention. The current position is inhumane, ineffective and hugely expensive. Personally, I would say that indefinite detention without trial is an affront to the rule of law, which I hold so very dear, having studied law on both sides of our border.
Let us consider some statistics. Some 7% of detained immigrants were detained for longer than six months. Only 23% of those detained leaving Dungavel in Scotland were deported, so by inference 77% were deemed safe. In that circumstance, is it proportionate to not have a 28-day limit? It is in the interests of both sides of the Committee that following detention or following anybody coming to this country to settle and make their life, integration is of paramount importance. Having this draconian measure and not having safeguards to limit the amount of time that immigrants may be detained will not get them off on the best foot in terms of integrating them into our society. That is in no one’s interests. I respectfully suggest that the Government act and impose a limit to the time that people can be detained in immigration centres.
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.
Richard Arkless
I thank the Minister for those words. I will pick up on a couple of points and then make clear whether we will press the amendment to a vote. He mentioned that the amendments would compel the ombudsman to investigate 35% of more than 28,000 cases. My hope is that if there were a limit, there would not be as many cases to investigate, so I do not think he was making a fair point.
I appreciate what the Minister said about automatic referrals to the first-tier tribunal, but that only triggers after four months. Frankly, holding someone in detention for four months without placing them in front of a judge is just as much of an affront to the rule of law as it would be open-ended. I cannot agree that automatic referrals are a suitable mitigating measure, but we will not press the amendment to a vote this afternoon. We anticipate that it commands cross-party support, and we think there is a good chance we can make the Government see sense. We reserve the right to bring back the amendment in full force at a later stage of the Bill’s passage. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 4 ordered to stand part of the Bill.
Schedule 1
The Prisons and Probation Ombudsman
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.
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.
The Chair
With this it will be convenient to discuss the following:
Amendment 26, in clause 8, page 10, line 38, at end insert—
“(c) the response must set out the actions that the Secretary of State has taken, or proposes to take, in response to the recommendations described in the report.”
This amendment requires the response from the Secretary of State to set out actions.
Amendment 27, in clause 10, page 12, line 16, 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 complaint makes recommendations.
Amendment 28, in clause 10, page 12, line 16, at end insert—
‘(5A) The response in subsection (5) must set out the actions that the Secretary of State has taken, or proposes to take, in response to the recommendations described in the report.”
This amendment is consequential on amendment 27. It requires the response from the Secretary of State to set out actions.
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.
Yasmin Qureshi
I want to make a couple of observations. We welcome the provisions, which are absolutely right and needed in the 21st century. I specifically want to thank the Government for putting the ombudsman on a statutory basis and giving him to the power to investigate deaths in immigrations centres, as well as those agencies that escort prisoners from immigration centres to other places, so that they are also covered. If somebody tries to obstruct the ombudsman, he can go to the High Court and the person causing the obstruction can be done for contempt of court. Those are really welcome provisions that we wholeheartedly support.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clauses 10 to 20 ordered to stand part of the Bill.
Clause 21
Interference with wireless telegraphy in prisons etc
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.
The Chair
With this it will be convenient to discuss new clause 6—Testing prisoners blood following assault—
“Testing prisoners blood following assault
‘(1) The Prison Act 1952 is amended as follows.
(2) After section 16B insert—
0 “Power to test prisoners blood
‘(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of blood for the purpose of investigating assaults including spitting and biting, carried out by the prisoner.
(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power—
(a) to require a prisoner to provide a sample of urine, whether instead of or in addition to a sample of blood, and
(b) to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of blood, a sample of urine or both.
(3) In this section—
“authorisation” means an authorisation by the governor;
“intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984;
“prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991;
“prison rules” means rules under section 47 of this Act”
(4) A person commits an offence if that person fails to comply with requests to provide samples under subsection (2).
(5) A person guilty of an offence falling within subsection (4) shall be liable on summary conviction to—
(a) imprisonment for a period not exceeding 51 weeks,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.””
This new clause to the Prison Act 1952 gives prison officers the power to require a blood sample where the prisoner is accused of certain assaults.
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 (First sitting)
Yasmin Qureshi ExcerptsTuesday 28th March 2017
(8 years, 7 months ago)
Public Bill CommitteesRead Full debate Prisons and Courts Bill 2016-17 View all Prisons and Courts Bill 2016-17 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 28 March 2017 - (28 Mar 2017)
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.
Yasmin Qureshi
Q Does anybody else want to add any comments?
Rachel O'Brien: For a long time, there has been a discussion about steady state being needed before you can look at rehabilitation seriously. My view is that you have to do both. I think the Bill does not say that much, but what it does say is potentially profound. I agree that it is not just about recruiting people and remuneration. It is about saying, “What kind of people do we need now in this new world?” The duty implies significant differences, and I think there is a race going on between trying to get to that point of steady state and looking at the longer-term picture. I agree with much of what is in the Bill.
Yasmin Qureshi
Q Mr Lomas?
Martin Lomas: The Bill addresses a number of operational matters—certainly relating to telephones and drugs—that we think are very important, but its main emphasis is on the purpose of imprisonment and scrutiny, so obviously that will be a medium to long-term improvement. We welcome that. Some of the issues you raised are about practical management and operational matters, which can be dealt with under current arrangements and structures.
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.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
Q I do not think I have anything to declare, but for the avoidance of doubt I am a former practising barrister—non-practising at the moment. Joe Simpson, what are your views on the further professionalisation of the Prison Service in general, and then, specifically, what are your views on the new graduate scheme, the Unlocked scheme, that I think is starting this September?
Joe Simpson: I joined the Prison Service in 1987 and I have seen a lot of different things happen within the prison system, such as social work in prisons. We have seen the fast-track scheme before; it has taken prison officers right up to governor level—in fact, right up to second in command of the Prison Service. They are all well and good, but to make prisons safe we have to give prison officers more training than they are being given—mental health training, more suicide awareness, and more intervention with prisoners. Most of all, we need prison officers on the landing for what we call “dynamic security”—that is, they can see us and we can see them. We can keep an eye on them and keep them safe. When they can see us, they feel safe.
So we welcome the professionalisation of the prison officer and we are ready to talk to whoever wants to talk to us about professionalisation of our members and all prison staff. Yes, the graduate scheme will take people from the shop floor into higher management, if they want to go there; sometimes, though, in my experience, some of our managers forget where they have come from and what it is like to work on the shop floor. But we welcome anything that will professionalise our prison staff in making prisons safe.
Matt Warman
So the more targeted the technology—that is what the Bill more quickly allows for—the better, ultimately?
Yasmin Qureshi
Q Whether we are talking about mobile phones, psychoactive drugs, mental health or education, the truth is that you do not have sufficient trained people in the Prison Service, or in the round, to deal with these problems. Unless and until those properly qualified and trained people are there, none of these problems will go away. It does not matter how much legislation we have about phones or drugs or whatever; unless there are people there to deal with it, nothing is really going to shift, is it?
Rachel O'Brien: That is a problematic position, and in a way I think that is where we have been stuck for years. We cannot do this stuff—we all agree with this rehabilitative outcome—until we have that. I agree, and I would love to see more staff investment, but a lot of it is also about culture and leadership. We have talked about rehabilitation, but we have a prison system that is still, in lots of ways, very command-and-control, and of the old military model. In terms of culture and hope, prison officers and prisoners are like us: they have ambition, purpose and activity. That is what is missing. Yes, we need more staff, and we need to use them and the external agencies more wisely, but the key is rethinking the culture and how prisons are run. That is what makes the difference. We know it makes a difference, because we have some fantastic prisons and wings and so on that operate very differently.
Nigel Newcomen: If I may say so, I think it is a counsel of defeat. The prison system has always faced many challenges. I described NPS as a game changer in one of my reports, and it probably has been, but it is not that there is no work going on in either supply reduction or demand reduction. There are even some very good efforts being made at harmonisation by prisoners themselves. There is always scope for improvement, and to assume that there is no answer to the problem is, as I say, a counsel of defeat.
Yasmin Qureshi
Q I was not saying that there is not an answer to the problem. I was saying that, yes, some good things are happening—I am not saying nothing good is happening—but to achieve a level of productivity, if I may use that expression, you will need back-up resources. That is what I am talking about, in essence. That needs to be addressed fully.
Martin Lomas: There needs to be proper supervision of prisoners to give confidence to staff and prisoners. That might involve a resource solution, but equally, as colleagues have said, there are issues around leadership, accountability, learning the lessons that have just been pointed out to you, and sustaining improvement, rather than this being the rollercoaster that we often see. A variety of resource, cultural, management and leadership issues need to be put right.
Rachel O'Brien: You mentioned prisoners and the role of prisons. That is a huge untapped resource. It is very easy to talk about things like co-design and working with prisoner empowerment, but when you do it, you see the transformative change, not just among the prisoners but in the staff, and if staff are doing it, rather than people like me, that is how you get a completely different kind of response. Prisoners can be your best allies. They do not want to live in unsafe environments where it becomes the norm to be off your head. One of the things that would not be in the Bill but is absolutely about the culture is seeing prisoners and their families as key assets to support outcomes.
The Chair
Chris Philp, on this point. I want to exhaust this area before we move on to the next questions.
The Chair
A final brief question, because I want to give time for declarations, and a brief response, please.
Yasmin Qureshi
Mr Lomas, in response to a question about the educational aspect of things you said, “Look at the intention of the Bill and the purpose of prisons.” Bearing in mind we have been hearing about issues of self-harm and about suicide rates increasing, what about enshrining prisoners’ mental and physical health in the statute book, in clause 1, giving it parity with the four other things?
Martin Lomas: I have not really anything more to add to what has been said already. Yes, possibly: it is an issue and a priority. Whether that specific issue of detail should be one of the stated purposes of imprisonment is a judgment call. It could be. As an inspectorate we will inspect it whether it is a stated purpose or not. There will be an obligation to meet that need if you are genuinely meeting the purpose of being rehabilitative and reforming. Mental health, for example, is fundamental. It is a priority. It is in a sense a subset of the stated purposes already. As to whether or not it should be elevated into being a stated purpose itself and whether that will impact all the issues that Nigel referred to earlier—of course we would like it to be stated in those terms, but what about other things of importance? Her Majesty’s inspectorate of prisons has its own criteria. We operate to independent criteria and will look at health outcomes, including mental health.
The Chair
Are there any hon. Members who want to declare an interest before the end of the sitting?
Richard Burgon
I am a former practising solicitor—I am non-practising now. I used to be an employee of Thompsons solicitors who have an interest in matters discussed this afternoon.
Yasmin Qureshi
I was also a practising barrister. I stopped practising in 2010 but I have recently become a door tenant and I can now practise and may choose to practise.
Draft Judicial Pensions (Fee-Paid Judges) Regulations 2017
Draft Judicial Pensions (Amendment) Regulations 2017
Draft Judicial Pensions (Additional Voluntary Contributions) Regulations 2017
Yasmin Qureshi Excerpts(8 years, 8 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Yasmin Qureshi (Bolton South East) (Lab)
It is a pleasure to serve under your chairmanship, Mr Bailey. We welcome these provisions. It is absolutely right that there should be parity of treatment for judicial officeholders doing similar work. The provisions will also be retrospective and backdated, so that those who were not covered before now will be. We welcome the proposals.
Oral Answers to Questions
Yasmin Qureshi Excerpts(8 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Elizabeth Truss
I congratulate my hon. Friend on the work he did to get more employers involved in this when he was a Minister. We are following on from his good work by setting up an organisation called the New Futures Network, which will comprise businesses and charities. The network will encourage more employers to take on ex-offenders, who are often very loyal and hard-working employees, and who can help to address some of the skills shortages we face.
Yasmin Qureshi (Bolton South East) (Lab)
Reoffending now costs us £15 billion annually, as the Secretary of State just said. A recent report by Her Majesty’s inspectorate of probation noted that not enough is being done to help prisoners to prepare for life outside prison, due to a
“combination of unmanageable caseloads, inexperienced officers, extremely poor oversight”.
The service was rated as four-star before privatisation. What will the Secretary of State do to address this?
Elizabeth Truss
As I have said, it is important that people are supported to get into jobs once they leave prison. Just as we are establishing metrics for governors, showing how many people are employed once they leave prison, we want to use similar metrics to hold probation operators to account to make sure that they are focused on getting people into homes and into work, which we know leads to a reduction in reoffending.
Dr Lee
The hon. Lady is right that access to secure accommodation can be challenging—not only within the prison system but within the community for those who have not committed offences, who cannot always access it within 24 hours. We are in lengthy discussions with the Department of Health on this, because access to secure accommodation in the circumstances the hon. Lady outlines is very important.
Yasmin Qureshi (Bolton South East) (Lab)
Last year, 2016, was the worst recorded for suicide in prisons. The Secretary of State introduced the Prisons and Courts Bill, but it contains nothing to address mental health issues. Why has the Justice Secretary missed this valuable opportunity to enshrine in law the way in which we treat prisoners with mental health problems?
Elizabeth Truss
I am determined to ensure that we recruit the right number of officers right across the country. In the south-east, where costs are high and where there is much competition for highly skilled individuals, we have specific issues with recruiting and retaining people. However, the 2,000 new more senior roles that I mentioned are available right across the country, and people in HMP Berwyn will be able to apply for them with that extra training and get that extra pay.
Yasmin Qureshi (Bolton South East) (Lab)
There are now 6,000 fewer prison officers on the frontline than in 2010, and they are dealing with more prisoners. The Secretary of State wants 2,500 extra officers by 2017, but officers are leaving the service faster than she can recruit them. When will she come up with an effective plan to turn around that expanding exodus?
Elizabeth Truss
I am afraid that there were two factual errors in the hon. Lady’s question. First, the prison population is exactly the same as it was in 2010—it has not gone up. Secondly, we are recruiting people at a record rate and have a record number of officers in training.
Prisons
Yasmin Qureshi Excerpts(8 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Yasmin Qureshi (Bolton South East) (Lab)
It is a pleasure to be able to close this debate, in which Members have spoken very eloquently and knowledgeably about the issues facing our prison system. Before I go into what they have said, I want to thank our prison officers, prison governors, and all those who work in the Prison Service. They face very great challenges every day of their lives, and we owe them a lot for the work that they do for us.
My right hon. Friend the Member for Don Valley (Caroline Flint), who has three prisons in her constituency, talked about the work that she achieved as a former Minister in trying to reduce the amount of violence in prisons. She comprehensively set out some of the failures of this Government. I am sorry if that disappoints Conservative Members but, as I will explain, there has been a failure to tackle some of the big issues facing our prisons.
My hon. Friend the Member for City of Durham (Dr Blackman-Woods), who also has three prisons in her constituency, said that the prisons budget had been cut by a quarter, with £900 million being taken away. That will obviously have an impact on how prisons are run and on their staff. She raised three issues that the Minister should be looking at. First, there are far too many women in prison, especially women with children, and there does not seem to be any clear strategy within the prison system to assist them or to deal with situations such as how children can visit their parents. That is reflected in the Ministry of Justice’s figures on suicides that have occurred in prison, which show that a much higher percentage of women have committed suicide and self-harm. My hon. Friend also talked about reoffending, and the education and training that would prevent it, as well as mental health issues and personality disorders. Funding for those services has been cut, and those things need to be addressed.
My hon. Friend the Member for Chesterfield (Toby Perkins) talked about the fact that many experienced staff have left the Prison Service and been replaced by inexperienced staff. It is well accepted that prison officers do far more than simply locking and unlocking the gates and taking prisoners in and out. They are often the only people prisoners will speak to. Prison officers act as mentors, advisers and family members, and they provide a sympathetic listening ear. It is not good enough to have inexperienced people taking over that work. I agree wholeheartedly with what the hon. Member for Sittingbourne and Sheppey (Gordon Henderson) said about the tremendous work that prison officers do. As he said, their terms and conditions should be looked at properly and put on the same footing as those of people who do other difficult and sensitive jobs, such as police officers. Prison officers should be remunerated properly.
Since the Government came into power in 2010, they have made massive cuts to the number of prison officers, and that is a big reason for some of the current prison issues. It is all very well for the Government to say that they are trying to do things; that is good, but they should never have cut the number of prison officers in the first place. If they had not made that false economy, we would not be in half the mess we are in now. I try not to be party political about this, but it was the wrong decision and it would be good if the Government accepted that. There is no harm in owning up to the fact that an error was made.
One suggestion for dealing with some of the prison problems was made by the hon. Member for Reigate (Crispin Blunt), the Chair of the Foreign Affairs Committee. Although I more or less agreed with him on international issues when I was a member of the Committee, I have to tell him that privatisation in prisons is not the answer. It has not been the answer for probation. The probation service used to have a four-star gold rating but it has gone downhill since the privatisation, and that has had some impact on the Prison Service.
Crispin Blunt
The Foreign Affairs Committee’s loss is the Opposition Front-Bench team’s gain. Will the hon. Lady be explicit about the potential role of the private sector under Labour policy? Labour had a commercialisation strategy, and Labour opened up the competition for Birmingham prison in the first place. Is the Labour party saying that there is no role for the private sector in the delivery of justice in our country, simply on ideological grounds?
Yasmin Qureshi
The Labour party also introduced IPP sentences, and I was not one of those who favoured that provision. I will touch on its impact on our prison system. The Secretary of State spoke about the fact that the Government are trying to deal with the issues caused by the remnants of the IPP regime. One problem is that people who have served their IPP sentence cannot get out of prison until they have done specific, designated training courses, but unfortunately there has been a lack of funding for those courses. The Government have to take responsibility for the fact that many thousands of people in that position have not been released from prison.
As I have said, this has been a very good and interesting debate. Many experienced people have spoken, including former Ministers and Secretaries of State. I think we can all agree that everyone is concerned about this issue. It is not a big vote winner or an issue that is often spoken about on the doorstep, but it is important because it shows what we stand for as a society. The one thing on which most people agree is that we have got problems, and there is a crisis in our prison system.
My right hon. Friend the Member for Delyn (Mr Hanson), a former Minister, talked about some of the proposals in the White Paper that the Government have brought forward to deal with this issue. He set out all the shortcomings and all the questions that have not been answered. The White Paper seems to suggest that each prison will be run by its governor and then every problem will somehow be resolved. However, it does not provide answers to questions such as whether governors will have complete autonomy from the centre, and whether they will have enough money to be able to carry out everything they want to do. For example, if a prison governor thinks that 500 inmates require a two-month detoxification and rehabilitation programme, will he or she have the money to carry that out? It is all very well to say that governors can do such things, but where will the funding come from, or will they have an unlimited pot of money? How will people be recruited, and to whom will they be answerable? The White Paper raises a lot of questions that have not been answered, and it does not deal with the problems.
Nusrat Ghani
The hon. Lady has raised a number of issues, but we have yet to hear the Labour party’s solutions. Does she agree with Shami Chakrabarti, the shadow Attorney General, that half of all prisoners should be released immediately? Is that the policy of the Labour party?
Yasmin Qureshi
If the hon. Lady had been in the Chamber at the beginning of the debate, she would know that that question was asked by another Member; I think it was the hon. Member for Shipley (Philip Davies). On the first point, you are the Government—[Interruption]—and it is for you to deal with the crisis of the—[Interruption.]
Madam Deputy Speaker (Natascha Engel)
Order. The hon. Lady will resume her seat while the Chair is standing. May I just remind her that there is a reason why we do not address people directly in the second person? It is because things can get very heated. The hon. Lady should address her remarks through the Chair.
Yasmin Qureshi
I apologise, Madam Deputy Speaker.
They are the Government. They have been in power for the past seven years, and prisons have been under their control. It is under their watch that 6,000 staff have been cut.
Simon Hoare
I will take the hon. Lady’s lead and not be party political, but given the huge crisis that she is outlining to the House—her Front-Bench colleagues clearly share her view—will she explain why, on an Opposition day motion, Labour ran out of speakers and we did not?
Yasmin Qureshi
The hon. Gentleman is trying to deflect attention from what the Government should have been doing for the past seven years.
As I was saying, about a quarter of all prisoners are held in overcrowded or unsuitable conditions. In the past 12 months, there have been 6,000 assaults on staff and 24,000 assaults on prisoners. There were also 105 self-inflicted deaths of prisoners, which is a record increase of 13% on the previous year. The levels of poor mental health and distress among prisoners are higher than those for the general public. The number of incidents of self-harm in prisons has increased by more than 25% in 2016 compared with the previous year. When we look at all the statistics provided by the Ministry of Justice, we can see that the number of incidents of self-harm has gone up and the number of assaults has gone up, and that deaths have occurred and suicides have happened. I am afraid to say that that is the responsibility of this Government because they have been in charge of prisons for the past seven years.
Oral Answers to Questions
Yasmin Qureshi Excerpts(8 years, 10 months ago)
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Elizabeth Truss
My hon. Friend raises an important issue. We need cells that are fit for purpose and usable. One of the things that my hon. Friend the prisons Minister has been focusing on in his regular meetings is making sure that our contractors get cells back to use and fit for purpose.
Yasmin Qureshi (Bolton South East) (Lab)
Some prisons, including Her Majesty’s Prison Birmingham, use prisoner violence reduction representatives—prisoners who are paid to monitor other inmates—to discourage disorder. Stakeholders we have spoken to suggest that some are ensuring compliance by themselves meting out violence to troublesome inmates. What assessment has the Justice Secretary made of their use?
Elizabeth Truss
The hon. Lady refers to violence reduction programmes. I have seen them in place in a number of prisons, where they can be very effective. Peer to peer support can often turn prisoners around, but it needs to be carefully managed and monitored. My expectation is that it is the role of the governor of the prison to make sure proper systems are in place.
Yasmin Qureshi
In December, during her statement to the House on the riot at Her Majesty’s Prison Birmingham, the Justice Secretary suggested that as many as 13 Tornado teams were deployed to the prison. Such events deprive other prisons of officer numbers. Is she confident that she has the resources to deal with disturbances of this kind, and when will Sarah Payne’s investigation into what happened be concluded?
Elizabeth Truss
We are increasing the number of Tornado staff to make sure that we can deal with any incidents that arise across our prison estate, particularly while we are building up the strength of our frontline. Those officers do a fantastic job, and they did a fantastic job in resolving the incident at HMP Birmingham. I can tell the hon. Lady that the investigation into the incident at HMP Birmingham, which is being led by Sarah Payne, will report back in February.
Oral Answers to Questions
Yasmin Qureshi Excerpts(8 years, 11 months ago)
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Elizabeth Truss
I completely agree with my hon. Friend, and the evidence backs him up that having experienced officers is vital. We have a higher proportion of experienced officers in 2016 than we did in 2010; more than 80% of our prison officers have five or more years of experience. I am absolutely determined to keep those officers in the service. Two weeks ago, we launched a fast-track programme to help people already in the service to progress in their careers. We are also offering retention payments, particularly in hard-to-recruit areas, because we certainly need to keep those very important staff on board.
Yasmin Qureshi (Bolton South East) (Lab)
In every one of Her Majesty’s inspector’s reports on closed male facilities published during the Secretary of State’s time in post—reports on Bedford, Chelmsford, Hindley, Onley, Risley, Swaleside and Winchester, and the youth facilities at Isis and Wetherby—outcomes of the test of prison safety deemed them to be either poor or not sufficiently good. When can we expect a positive report on prison safety in closed male prisons?
Elizabeth Truss
The hon. Lady is right that current levels of violence in our prisons are not acceptable. That is why we launched the prison safety and reform White Paper, with measures to deal with drugs, drones and phones, as well as to bolster the number of front-line staff. We are also working directly with governors to help them to deal with issues that might trigger incidents in their prisons while we build up that front-line capability. I announced in October that we are recruiting an extra 400 staff in 10 of the most challenging prisons; we have already given job offers to 280 people, so we are making progress.
Yasmin Qureshi
The Ministry states in the White Paper that it will trial the inclusion of prison co-ordinates in no-fly zones to prevent banned items from being dropped into prisons. How will that work in practice and what is being done now to reduce demand for banned items in prisons?
Elizabeth Truss
The Under-Secretary of State for Justice, my hon. Friend the Member for East Surrey is working with drone manufacturers and leading a cross-Government taskforce to get in place the technology needed to do that. We are also employing solutions such as installing extra netting. Last week I was at HMP Pentonville, which now has patrol dogs whose barking helps to deter drones. We are using all sorts of solutions to deal with contraband entering our prisons.
Prison Safety and Security
Yasmin Qureshi Excerpts(8 years, 11 months ago)
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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.
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.
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.
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.
Oral Answers to Questions
Yasmin Qureshi Excerpts(9 years ago)
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Elizabeth Truss
The Select Committee Chairman is absolutely right that we need clear and transparent data and metrics to be able to understand what is happening in our prison system. I will outline more detail on that issue when we launch the White Paper.
Yasmin Qureshi (Bolton South East) (Lab)
Suicides in prisons are at record levels, and self-harm and violence are soaring. The situation in women’s prisons is worse than it was a decade ago. The Government’s own statistics show that the rate of deaths in England and Wales has risen to almost one a day—a record high of 324 in the last 12 months. Does the Secretary of State recognise that cutting staff and prison budgets while the number of people behind bars grows unchecked has created a toxic mix of violence, death and human misery?
Elizabeth Truss
I agree with the hon. Lady that we need to act on those very problematic statistics, and in particular to deal with the high levels of self-harm and suicide. One of the 10 prisons to which we have given additional money for staffing is a women’s prison. We are looking more widely at how we can ensure that women offenders are given the support that they need, because many come into prison with mental health issues and many have suffered abuse in the past. I want to ensure that those offenders have the support that will enable them to turn their lives around.
Yasmin Qureshi
I hear what the Secretary of State has to say about funding for the 10 prisons, but Pentonville, where only last week there was a stabbing and two people were injured, is not one of them, and the events that took place at Lewes prison at the weekend also underlined the problem of prison understaffing. John Attard, of the Prison Governors Association, has written that we need
“more than the….400 extra officers in just 10 prisons.”
Will the Secretary of State listen to what is being said by that association, and by the Prison Officers Association, about the Ministry’s failings in respect of prison staffing?
Elizabeth Truss
I agree with the hon. Lady that violence and levels of suicide are serious issues, and I am determined to address them. That is my No. 1 priority. I have made an immediate start in 10 of the most challenging prisons, and I will be outlining more in the White Paper. Let me, at this point, express my sincere condolences to the family of Jamal Mahmoud, who unfortunately died in Pentonville.
We all need to recognise that these are serious issues, which have numerous causes including the rise in psychoactive substances. It will take time to turn the situation around—it takes months to train prison officers —but we have developed and will be launching a comprehensive strategy. I want our prisons to be places of safety but also places of reform, where we address reoffending and make our society as a whole safer.
Safety in Custody and Violence in Prisons
Yasmin Qureshi Excerpts(9 years, 6 months ago)
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Andrew Selous
HMP Wormwood Scrubs is an older, Victorian prison facing various challenges. I went around it recently, and as I said, I have confidence in its very good new governor. The hon. Lady mentioned mobile phones, which we have not talked about much so far. As the Prime Minister announced on 8 February, we are committed to working with the mobile network operators, which also need to rise to their responsibilities to help us fight the scourge of mobile phones in prisons.
Yasmin Qureshi (Bolton South East) (Lab)
In the last four years, there has been a rise in levels of violence against prison officers owing to understaffing and the fact that there are not enough rehabilitation programmes. Is it not time to re-evaluate how we decide who to send to prison and, when we do send them to prison, to make available proper rehabilitation provision?
Andrew Selous
Decisions about who goes to prison are obviously for our independent judiciary, but the hon. Lady is absolutely right about the need for better rehabilitation. We are determined that time in prison is not wasted but is productive, relevant and beneficial to prisoners and to the wider community in terms of keeping us all safe when they come out.