Prison and Youth Custody Centre Safety 19 July 2017 12.46 pm
Seema Malhotra (Feltham and Heston) (Lab/Co-op) (Urgent Question):
To ask the Secretary of State for Justice if he will make a
statement on safety in prisons and the findings of Her Majesty’s
chief inspector’s...Request free trial
19 July 2017
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(Urgent Question): To ask the Secretary of State for
Justice if he will make a statement on safety in
prisons and the findings of Her Majesty’s chief
inspector’s annual report.
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Independent scrutiny is an essential part of our
prison system, and I thank the chief inspector of
prisons and his team for the work they do in
delivering this, including through his annual report.
His report raises important issues in relation to
safety and security in prisons and youth custody. We
have been clear that a calm and ordered environment
needs to be created to ensure effective
rehabilitation, and that achieving this is our
priority.
The current levels of violence, self-harm and
self-inflicted deaths in the adult estate are
unacceptable. The issues in our prisons have deep
roots and, while they will not be addressed
overnight, we are combining immediate action to
stabilise the estate with significant additional
investment. For example, we are investing £100
million a year to bring in an additional 2,500 prison
officers by the end of 2018. We are already making
significant progress, with a net increase of 515
prison officers in post at the end of March compared
with the previous quarter.
Turning to youth justice, the annual report
highlights particular issues regarding the youth
estate. I reassure the hon. Lady that the safety and
welfare of every young person in custody is of
paramount importance to me and we are clear that more
needs to be done to achieve this.
In response to Charlie Taylor’s review of the youth
justice system last December, the Government
acknowledged the serious issues the youth justice
system faces, and that is why we are reforming the
system. Let me give three examples of the progress we
are making. First, we have created a new youth
custody service, with an executive director, for the
first time in the Department’s history. Secondly, the
development of a new youth justice specialist officer
role is ensuring that more staff can be specifically
trained to work with young people, boosting the
numbers on the operational frontline in youth
offender institutions by 20%, and recruiting workers
specifically trained to work within the youth sector.
Thirdly, there is the introduction of a more
individualised approach for young people focused on
education and health, enhancing the workforce,
improving governance, and developing the secure
estate.
Finally, in his report the chief inspector expressed
disappointment about the implementation rate of his
recommendations. I recognise this concern, and to
address this, we have created a new unit within Her
Majesty’s Prison and Probation Service to help ensure
that recommendations are taken forward in a timely
manner and to track how they are being implemented by
prisons.
The issues within our prisons will not be resolved
overnight, but we are determined to make progress as
quickly as possible, and I hope that hon. Members on
both sides of the House will support our plans for
reform.
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Last year, the chief inspector reported that too many
of our prisons had become unacceptably violent and
dangerous. This year, he reports that the situation
has not improved, and that it has got worse. Staff
assaults increased by 38% in the 12 months to
December 2016. Of the 29 local prisons and training
institutes inspected last year, 21 were judged to be
poor, or not sufficiently good, in the area of
safety.
Only two weeks ago, here in the Chamber, I raised the
issues at Feltham young offenders institution, but
this devastating report is a cause for even greater
concern. The jump in violence in our prisons is a
crisis of the Government’s own making. The warning
signs have been there. The Government have been
warned by MPs, by the staff in our prisons and by
charities. Now they are being condemned by this
damning report. The budget for prisons has been cut
by more than a fifth over the past six years, and
those cuts have now been proved to be a false
economy. Prison staff numbers have been cut by a
quarter and those who remain are being put at risk.
The human impact of Tory austerity is now being laid
bare in our prison system. Effective prisons should
be about rehabilitation, so that people come out less
likely to reoffend. Drugs, debt and bullying are
contributing to the violence, but this has been found
to be compounded by staffing levels described as
being simply too low to keep order and run a decent
regime.
In the last Parliament, the Government introduced a
Bill to address some of these safety concerns.
However, the Bill was lost on Dissolution. Despite
recognition of prison safety being in the Tory
manifesto, no prisons legislation was announced in
the 2017 Queen’s Speech. Will the Minister tell the
House whether there is any intention of bringing back
that legislation? Will he also tell us why a third of
prisons have been found not to have implemented the
prisons and probation ombudsman’s recommendations on
reducing the risk of self-inflicted death? What
action is being taken to address governance concerns
and the extensive use of force and segregation? Will
the Minister also update the House on the
implementation of progress on recruitment and the
action being taken to keep experienced staff and
retain new staff? Our prison system is no longer fit
for purpose and the Government must take urgent
action.
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We fully recognise that there are difficulties in the
prison system—we have been honest about that ever
since I have been in the Department—and yes, the
staffing issue has been indicated as a problem. It
has been addressed in the last year and, as I have
said, we have appointed more than 500 to March and we
are on course to fulfil our target of 2,500 extra
prison officers by the end of 2018. I would argue,
however, that the unforeseen exacerbant in prisons
has been the use of Spice and other drugs. This was
not anticipated by any previous Government and it is
undeniably causing difficulties in terms of the
behaviour of prisoners and the corruption of
prisoners and some staff with regard to the trade in
those substances.
I also take seriously the issue of mental health in
prisons. Only yesterday I had further meetings with
the Department of Health, which carries
responsibility for that. We recognise that we need to
improve mental health services for offenders,
including the services relating to substance misuse,
both in custody and in the community. We are working
hard to make those improvements because we know that
those issues are contributing to the problems that
the hon. Lady has raised.
In relation to the youth estate, and particularly to
Feltham, which is in the hon. Lady’s constituency,
the use of segregation is an issue. It has been an
issue recently in the case that has been raised, but
I cannot comment on that case because there is an
appeal. This indicates how difficult it can be to
manage young people. Over the past 10 years, the
number of young people being held in custody has
fallen from 3,000 to 1,000. That is something to
celebrate. What we cannot celebrate, however, is the
fact that when that target was set, before 2010, no
plan was in place to change the infrastructure to
meet the demands of dealing with and managing 1,000
extremely difficult young people at any one time. We
are seeing problems not just at Feltham but across
the youth justice system. I am fully aware of those
problems, and that is why we are bringing forward two
new secure schools over the next two years.
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The Minister is right to be frank, as he always has
been, about the dire state of affairs in our prisons,
which the Select Committee highlighted in a number of
reports during the last Parliament. On a constructive
note, does he recognise that although the Queen’s
Speech contained no prisons legislation for the
current Session, it would none the less be
appropriate for the Government to take forward much
of the prison reform agenda that does not require
legislation? In particular, will he commit to
ensuring that data and updates are provided to the
House—through the Select Committee or otherwise—on
the progress of the implementation of Her Majesty’s
inspectorate’s recommendations? We do not need
legislation for the Government to be transparent
about that, and we need to track the progress that is
being made.
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I congratulate my hon. Friend on his reappointment as
Chair of the Justice Committee. We are committed to
transparency on this. We recognise that there is a
series of challenges and problems within the system,
and I would be more than happy to come before his
Committee to discuss this further. In regard to
legislation, we have not ruled out future legislation
on prisons, but I would argue that there is quite a
lot we can be getting on with that does not require
legislation. We are eager, keen and determined to
reform our prison system.
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Yesterday’s scathing report by the chief inspector of
prisons in England and Wales represents a watershed
moment in the national debate on our prisons. Prisons
should be places not only of punishment but of
rehabilitation. They should be making us all safer in
the short run and in the longer term. I believe that
the whole House will be alarmed by the chief
inspector’s view that
“too many of our prisons had become unacceptably
violent and dangerous places.”
Members on both sides of the House are all too well
aware that there is a crisis in our prisons, and
yesterday’s report revealed that, despite the
Government’s warm words, the situation is not under
control, and it is getting worse.
In the light of that, I believe that the Minister has
some serious questions to answer. Does he agree with
the remarks by his former colleague, the former
Chancellor of the Exchequer and former next Prime
Minister, that prisons are approaching an
“emergency”? What role does he think the substantial
cuts to the prisons budget since 2010 have played in
this, and what measures will he undertake to address
the situation? The chief inspector of prisons in
England and Wales has warned that this crisis
“has all been compounded by staffing levels in many
jails that are simply too low”.
Does the Minister agree that prison officers deserve
a pay rise, and that that will be necessary if we are
going to increase numbers and improve retention?
The chief inspector has also said that he is
“appalled by the conditions in which we hold many
prisoners”.
What measures is the Minister taking to address this
and to reform our prisons so that prisoners leave
prison as less, rather than more, of a danger to
society? Most shockingly, the number of
self-inflicted deaths has more than doubled since
2013. What strategy will he adopt, and what specific
resources will he allocate, to reduce that number?
The chief inspector said that he had
“reached the conclusion that there was not a single
establishment that we inspected in England and Wales
in which it was safe to hold children and young
people.”
He added that the speed of decline had been
staggering, given that in 2013-14, nine out of 12
institutions were graded as good or reasonably good
for safety. What explanation does this Minister have
for this? Everyone knows that the Government have
created a crisis in our prisons. What yesterday’s
report shows is that they are failing to take action
to solve it.
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I do not accept that the Department has lost control
of the prison system. That is nonsense. We have a
full grip on the issues that we need to face. I would
like to talk about the £1.3 billion that we have
invested to transform the estate. By transforming it,
we are going to improve the quality of the
accommodation for prisoners, which will have a direct
impact on the problems that we are encountering among
the small volume of people who have mental health and
suicide issues. We recognise that parts of our estate
are antiquated, and that is why we are investing the
money.
As I have already said, we know that there are many
difficulties in the youth justice system, where the
violence rate is 10 times higher than in the adult
prison estate. I give my full support to the staff
who continue to work in the youth estate because I
have seen it with my own eyes: I have visited the
majority of the youth estate and it is extremely
difficult. I would argue that the genesis of the
problem goes back many years. As I alluded to
earlier, the admirable intention to reduce the number
of people being locked up in the youth estate has
brought us to a point at which we have a very
challenging population that is particularly violent
and difficult to manage. That is why we have the
problems we have.
We are bringing forward plans on secure schools—there
are two in the pipeline—and we intend to make them a
completely different regime with a completely
different curriculum balance, including getting
people outside more because I am particularly
passionate about the use of sport, so that we can
deal with the issues we are confronting. I am under
no illusions about how difficult this issue is, but
we have a plan and we are going to implement it.
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I know the Minister appreciates the fact that people
with autism are disproportionately represented in the
custodial system. Notwithstanding the issues at YOI
Feltham, it was in fact the first prison to receive
autism-friendly accreditation, and the governor and
staff there report that that contributed to a
diminishment in violence levels across the whole
estate. Some 20 prisons have indicated interest in
such accreditation. Will the Minister look into the
programme and consider making its roll-out compulsory
throughout the entire prison estate? It would be of
benefit to prisoners and prison staff alike.
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Yes, I am more than happy to consider rolling out
that programme. There are positive schemes, and not
only with regard to the diagnosis, treatment and
management of autism; various sports clubs, rugby
clubs and football clubs are also involved, such as
Saracens at Feltham. The work they are doing and the
evidence of its outcomes are all positive. That is
why I am passionate about this: if we can get the
management of autism and mental health right and
broaden the curriculum so that more time is spent
outside cells, I am convinced that we can change the
behaviour and atmosphere in each prison and
institution so that staff can feel safe while they
are at work.
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The combination of rising prisoner numbers and
shrinking budgets is a major factor that affects the
welfare of prison officers and prisoners. In that
context, it is regrettable that the UK Government
dropped prison reform from the Queen’s Speech and
continue to cut budgets and staff numbers. In
contrast, the Scottish National party Government in
Scotland have continued to invest in modernising and
improving the prison estate. They have also committed
to significant penal reform, aimed at reducing
reoffending by moving away from custodial sentences
in favour of community sentences, which have been
proven to be better for rehabilitation. Does the
Minister agree that he should follow the Scottish
Government’s example and concentrate his efforts on
schemes that will reduce prison numbers and
overcrowding, thereby reducing pressure on prison
officers and prisoners?
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Yes, intellectually I agree with the hon. and learned
Lady that it would make life a lot easier if we could
reduce the prison population, and I know that the
Secretary of State agrees with that position. The
difficulty is the constant balance with the justice
issue: if people have committed crimes, they have to
serve the time. The question is where they serve that
time. I am responsible for women’s justice, on which
a strategy is coming out by the end of the year. I
very much want that strategy to concentrate on the
provision of community sentences and for us to move
to that model of prison—in future years it could be
rolled out to the adult male estate, but I am just
looking at the female estate. I think that we can
learn a lot from where we hold people when they are
serving their time. I am going to Scotland in the
autumn and am looking forward to seeing a few
programmes up there, because I gather that some good
work is being done.
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Is the Minister satisfied that sufficient remedies
are available to deal with violent offenders?
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The Minister is right to say that legislation will
not solve this crisis by itself—many other measures
are necessary—but will he tell the House why the
Prisons and Courts Bill, which was drafted and had
made some progress in the previous Parliament, has
been dropped? If the Government are committed to
prison reform, why have they dropped a piece of
legislation that was ready to be considered by the
House?
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We can deliver our reform package without any further
legislation. We will not rule out further legislation
if there is a requirement for it in future, but the
right hon. Gentleman will recognise that there are
pressures on parliamentary time and this is something
we are having to accommodate. Nevertheless, there is
absolutely no reason why we cannot continue with the
reform programme we have planned.
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Does the Minister agree that although there are
challenges, dedicated officers are doing much
positive and transformative work in prisons on issues
such as mental health, as well as through chaplaincy
services and restorative justice programmes? An
example is the work I have seen being done at Thorn
Cross Prison over many years by Shawn Verhey and
Lorraine Turner. Will he join me in thanking them,
and the many dedicated officers like them who do such
a tremendous job?
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Yes. That is another example of how, throughout the
system, positive schemes are being followed. People
who work in a variety of areas, particularly mental
health, are delivering care to the prisoners who need
it, so that they can rehabilitate properly before
they return to society.
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The Minister referred to the advent of drugs such as
Spice as an unknown quantity for the Prison Service
to have to deal with, but the fact that there are a
quarter fewer prison officers than in 2010 hardly
helps to address new challenges. Assaults on staff
are up by 70% since 2009, and in 2016 alone one in
five justice staff members left the sector. Will the
Minister confirm that there is a retention crisis,
which is being fuelled by the disgraceful rise in the
number of assaults on Prison Service staff?
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As I hope the right hon. Lady would acknowledge, I am
trying to be as candid as possible about the
difficulties we face. A year ago, we acknowledged
that there was a need for more staff, and we are
delivering on that. I must stress, though, that there
was no expectation that the drug would cause this
problem. There is yet to be proper documentation on
how it affects the prisoners who take it and their
behaviour, and on the long-term impact that that will
have on the prison population. We acknowledge that we
need more staff, and that those staff need better
training. In the youth justice system, we are
introducing a new youth custody role, because we
recognise that additional skills are needed. We
recognise the problems, and we are working to solve
them.
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The Minister will share my concern about the impact
of contraband, and particularly new psychoactive
substances, on prisoners and the violence that it can
cause, so will he say what measures the Department is
taking to prevent such materials from getting into
prisons?
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I thank my hon. Friend for his question. We have
improved the seizure of drugs; the figure for the
past 12 months is about 225 kg, which is up on the
previous year. We have employed dogs to detect
psychoactive substances, and we were the first
jurisdiction in the world to introduce drug testing
for psychoactive substances. We continue to develop
that service as the substances evolve.
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I hope that the planned new youth custody service
works, but will the Minister say how many new prison
officers will join the existing service this year?
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No, I cannot give the hon. Gentleman an exact figure,
but I will write to him with it. We are actively
seeking to recruit in every single institution area,
particularly in south-east England, where there are
always challenges in recruiting prison staff. Perhaps
more importantly, we are trying to recruit people who
have a history of working with young people. Working
with troubled young individuals is a difficult
business, and we recognise that there may have been
recruitment errors in the past. We want to recruit
people who have the proper experience.
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The Minister will know that I have previously
questioned his Department about rehabilitation. As a
result of the report, will he prioritise
rehabilitation plans for offenders and employment
opportunities for ex-offenders?
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Yes, that is very much our intention. There are
several schemes throughout the country that involve
employers. I visited Drake Hall, a women’s prison,
where Halfords has a bicycle repair unit, and met an
offender who was leaving prison a week or so later to
work for Halfords. Such schemes up and down the
country are fantastic and we need more of them. We
are working hard on getting more.
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This is surely an issue of safeguarding. The chief
inspector of prisons says that there is not a single
establishment that is currently safe to hold children
and young people. The Minister did not answer the
specific question put to him by my hon. Friend the
Member for Leeds East (Richard Burgon) about why
there has been such a staggering decline in safety
over the past year and, as the chief inspector said,
such a “slump in standards”. Can the Minister explain
what a “slump in standards” means, and what he is
doing to address it?
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I do not accept that all institutions fit that
description. YOI Werrington received a positive
report last week. I would argue that the slump has
not happened over the past year. As I keep saying,
the problem came about over a number of years. With
some institutions, we are wrestling with a legacy of
issues. At one institution, for example, a contract
that was signed in 2004 is preventing us from making
necessary changes. The idea that this problem was
created by this Government is simplistic and just not
accurate.
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This Government are building new prison capacity,
including at Wellingborough in north
Northamptonshire. What difference does my hon. Friend
believe that that will make in terms of improving
safety?
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I thank my hon. Friend for his question. As I said
earlier, some of our prisons are Victorian. They are
antiquated, and the quality of the cells is
substandard, which is why we are building new
prisons. Cells in which prisoners find it much harder
to commit suicide are what is needed, which is why I
am pleased that we are investing £1.3 billion in the
system.
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Let me declare an interest as an outgoing police and
crime commissioner. This report is devastating and
the Minister must act on it. One way of acting very
quickly would be to invest in things such as
non-custodial programmes for women offenders and
intensive community orders, which have better returns
in terms of reoffending rates. Will the Minister
commit this Government to putting money where it will
make a real difference?
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I thank the hon. Gentleman for his question and I
welcome him back to the House. It is good to see him
here, having had a good relationship with him before.
Yes, the women’s justice system is a classic example
of where there is scope to devolve responsibility and
indeed funds. North-west England, a part of which he
used to represent, has had a whole-system approach to
funding over the past year or two, so that we can try
to build a system in which women can be treated
holistically and in which the team understands each
woman’s home, situation, partners and relationships,
so that it can bear down on the number of people who
are locked up. In the strategy that will be delivered
before the end of the year, I hope to outline in more
detail what I want to do in north-west England.
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Last November, the Department outlined in its White
Paper probably the most comprehensive plan for
improving our prisons for a generation. Some items—a
minority of them—require primary legislation. I would
like to see that brought forward in due course,
particularly with regard to changing the statutory
definition of the purpose of a prison to include
rehabilitation and reform. However, the vast majority
of items do not require such legislation, so will the
Minister confirm that his Department will continue to
implement the White Paper in full?
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My hon. Friend is very informed on this matter. Yes,
he is right: the great majority of the reform package
that was announced last year can be delivered without
any further legislation. As I have said three times,
we have not ruled out primary legislation in this
area in the near future.
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By what date does the Minister expect the first
people to enter the new units that he has announced
for the north and the south? Will he update the
Justice Committee on the objectives that he has set
for improving the situation, and will he agree to
look again at the recommendations of Lord Toby
Harris, to which the Government did not agree when
they were produced early last year?
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I think the right hon. Gentleman is referring to the
secure schools. We are committed to opening one in
September 2019. There is a possibility that it could
be earlier, but it depends on finding the appropriate
site; as Members can imagine, these sites have to be
secure. We are working extremely hard and are in
negotiations with various agencies. The Mayor’s
Office for Policing and Crime is particularly
interested in assisting us on this. When we know
about the locations, we can be a bit clearer about
the delivery date.
On the wider question, which I think is about the
state of the youth justice system, he can probably
tell that I think we need to move towards a different
system of how we lock up young people. Sadly, we
recognise that some young people will need to be
locked up—we have a very small uptick in some serious
sexual crimes at the moment—but the environment, the
staffing and the manner in which we do so must
change. This report confirms what we already knew,
and my intention is to work hard to bring forward a
plan so that in the future—in the next 10 years—we
can get to a situation in which our young people are
not only safe and secure, but properly rehabilitated.
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I welcome the additional £2 million that this
Government have invested in providing handheld mobile
detectors and portable detection poles to every
prison to root out the mobile phones that facilitate
so many problems. Does my hon. Friend agree that we
need to continue monitoring this issue and to
consider what more can be done in this area?
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Yes. We have made some real progress; we are stopping
thousands of mobile phones getting into our prisons.
We are working extremely hard to stop the use of
drones and to block the use of mobile phone signals
over prisons. Things are not perfect; we have not
finished this work, but we are continuing to press
hard, because it would be fantastic to have a mobile
phone and drone-free prison network.
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I look forward to the strategy for women offenders
that the Minister said he would introduce later this
year. He will know that last year, 30% of women in
custody self-harmed, and 12 women killed themselves
in prison—the highest level since 2004. In reviewing
the estate for women, will he take the opportunity,
once and for all, to take on board the
recommendations of Baroness Jean Corston? Women who
need to be in custody should be placed not in prisons
far from their families, but in small, secure
community units. There is a once-in-a-lifetime
opportunity to do this. Please will the Minister take
it?
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The Corston report was one of the first things I read
when I was appointed to this role in July 2016, and
it makes a persuasive case. There is an issue about
where some women should be held. I am not completely
convinced that we can go down the path of all women
being held in community provision, in residential
women’s centres. However, I am persuaded that we can
reduce the number of women we are locking up. This
will be based primarily on the way that we deliver
community provision, and on mental health care
before, during and after prison.
I have met a number of women in prison, the majority
of whom have displayed scars of self-harm. As the
hon. Lady might know, I am a doctor and I observe
these things, and it is quite distressing to see
this. To deal with the problem, we need to change the
environment in which these women are held and to get
their mental health services improved. Those are my
two priorities, and I hope that the hon. Lady will be
reassured that the strategy, which will be delivered
by the end of this year, will get things right.
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Listening to parents of young offenders in my
constituency surgeries has been eye-opening, as is
listening to those working in Winchester Prison, who
have seen what happens to people who have never got
out of the prison system. I welcome the focus on
dealing with the growing level of violence and youth
justice. It is vital that we look at those issues
individually and at the outcomes. How will this new
unit help to ensure that the recommendations are
followed?
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The unit to which my hon. Friend refers has been set
up by the Department to ensure that the
recommendations are followed. I gather that this is
the first time that such a unit has been created.
With regard to youth justice and to women’s justice,
the key is to build a network over time—it will take
a long time—that allows people to be held closer to
home, so that families, and mothers in particular,
can stay in contact with their children. That is our
intention. I have mapped out the country with regard
to women’s justice and youth justice to ensure that
what we bring forward fits the framework, so that we
can deliver time in prison closer to home for women
and young people.
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There is a grave situation in our prisons, and the
Minister is being typically frank in acknowledging
that. One problem is the large cohort of prisoners
languishing on indeterminate sentences for public
protection. Will the Minister confirm that the
Government are committed to getting that number down
as quickly as possible?
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That has been a long-running issue in the prison
system, and the answer to my hon. Friend’s question
is yes.
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Reoffending rates remain stubbornly high, especially
for young offenders, with nearly seven out of 10 who
are sent to prison going on to reoffend on release.
We know that that is to do with the conditions and
the environment in our prisons and young offender
institutions, but what more can be done to ensure
effective rehabilitation, especially for our young
people?
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The recidivism rate in the youth estate is not
acceptable, nor is the environment in which young
people are being held. In some institutions, they are
being locked up for too long, which is primarily to
do with the safety and security of the institution.
That needs to change. There are programmes in place—I
have mentioned one already, with Saracens and other
sports teams—that are showing evidence of reducing
recidivism rates. I am determined to change the
curriculum being delivered in the youth estate.
People need to spend more time outside, on sport, for
example. If we do that, we will achieve what my hon.
Friend wants us to achieve. By early next year, I
plan on bringing out a review of the criminal justice
system and sport, particularly in the youth justice
system. Its recommendations will be interesting to
see.
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