Lords statement on Prisons and Youth Custody Centres: Safety - July 19

The Advocate-General for Scotland (Lord Keen of Elie) (Con) 

My Lords, with the leave of the House I shall now repeat in the form of a Statement the Answer to an Urgent Question asked in another place on safety in prisons and youth custody centres. The Statement is as follows.

“Independent scrutiny is an essential part of our prison system and I thank the Chief Inspector of Prisons and his team for the work that they do in delivering this, including through his annual report. His report raises some 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. 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 to the previous quarter.

The annual report highlights particular issues regarding the youth estate. I reassure the honourable Member that the safety and welfare of every young person in custody is of paramount importance to me and that 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 that the youth justice system faces, which is why we are reforming the system. Let me give three examples of the progress that we are making. We have created a new youth custody service, with an executive director, for the first time in the department’s history. The development of a new youth justice specialist officer role ensures that more staff can be specifically trained to work with young people, boosting the numbers on operational frontlines in YOIs by 20% and recruiting workers specifically trained to work within the youth sector. The introduction of a more individualised approach for young people is 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 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 honourable Members on both sides of the House will support our plans for reform”.

Lord Beecham (Lab) 

My Lords, the Chief Inspector of Prisons describes a “staggering decline” in safety in young offender institutions and secure training centres, not one of which is,

“safe to hold children and young people”.

He asserts that the current state of affairs is,

“dangerous, counterproductive and will inevitably end in tragedy unless urgent corrective action is taken”.

Adult prisons have seen,

“a dramatic and rapid decline”

in standards, with a rising incidence of violence and drug abuse, but also shocking sanitary conditions. What urgent action will the Government now take to address the scandalous state of our prisons, and in what timeframe? Is it not time to acknowledge that having the fourth highest incarceration rate in Europe contributes to the shameful state of the service?

Lord Keen of Elie 

I am obliged to the noble Lord, Lord Beecham, for his observations. First, on the safety of the youth estate, since his report was published the inspector has acknowledged that at the institution at Werrington, the standard of safety for both inmates and staff is at a scale of three out of four: that is, at 75%. Of course, the fact that one of these institutions has achieved such a level of safety takes us only so far. We will seek to emulate those standards across the entire estate going forward, but it is not the case that all these institutions have failed. I accept, however, that the failure reported upon by the inspector is unacceptable and has to be addressed.

As the noble Lord may recollect, we have already committed to spending £1.3 billion on the prison estate. In addition, I note that Her Majesty’s Prison Berwyn, which has been completed, now has 430 places in use, and, once fully operational, will have a further new 2,100 prison places. That is but a step but it is a step in the right direction. As for periods of incarceration, I note that the level of sentences imposed for violent and sexual crimes over the past decade has increased. That, of course, has an impact upon the prison estate. That is a feature that we have to take into consideration in looking at the overall operation of the system. But we cannot lose sight in this context of the issue of public safety.

Lord Marks of Henley-on-Thames (LD) 

My Lords, the chief inspector reports that he is,

“appalled by the conditions in which we hold many prisoners”,

and that far too often he had seen,

“men sharing a cell in which they are locked up for as much as 23 hours a day, in which they are required to eat all their meals, and in which there is an unscreened lavatory”,

while,

“staff shortages make it impossible to provide a decent, rehabilitative environment”.

Do the Government recognise this as a crisis which disgraces Britain? The Minister’s Answer suggests complacency. We are not making significant progress. The chief inspector says that we are having,

“a dramatic and rapid decline”.

We now have a custody system that is redolent of “Midnight Express”. Never mind the nasty party, on prisons we are becoming the nasty country. Will the Government act now to reduce prisoner numbers, renew the prison estate, reduce overcrowding, radically raise staffing and tackle violence of all forms?

Is the MoJ powerless to persuade the Treasury to spend more on reducing reoffending to save offenders’ futures, at the same time saving much of the £13.5 billion annual cost to the public purse of reoffending?

Lord Keen of Elie 

I am obliged again to the noble Lord, Lord Marks. Complacency is not a badge that can properly be applied to the Government with regard to the issue of prisons and the prison estate.

Lord Lee of Trafford (LD) 

Or to the coalition Government.

Lord Keen of Elie 

This matter has not arrived overnight or over the past two years—in a sense, this has been a long time coming. We have seen an increase in the prison estate from 40,000 or so about 15 years ago to about 85,000 today. Again, that did not happen overnight. It reflects a number of different changes in policy, including changes in sentencing policy. But looking to what we are doing today, we are already committed to and involved in an expenditure of £1.3 billion on the prison estate. We have already opened and are developing the prison at Berwyn to provide a total of 2,100 new places. We are addressing the issue of staff shortages. We have already committed to bringing forward 2,500 further staff by 2018 and, as I noted earlier, in the last quarter, the net increase in prison officers has exceeded 500. Complacency is not a badge. Reaction and response to these difficulties are the mark of what the Government have been doing.

Baroness Masham of Ilton (CB) 

My Lords, what suggestions does the Minister have to eradicate gang warfare and bullying in young offenders institutions?

Lord Keen of Elie 

The issue of violence within young offenders institutions is troublesome. One of the features of the young offenders regime is that over the past decade, the numbers within our youth custody regime have reduced from about 3,000 to about 900. That is in itself a success, but in doing that, we have concentrated a greater mix of very troubled young people within the remaining estate, who often have learning difficulties and mental health difficulties. Therefore, the issues of violence which go alongside that have to be addressed in a more positive and effective way. We are addressing how we can bring forward a further and improved regime of training, education and, of course, purposeful activity beyond just education, including sport. It is hoped also that we will be able to develop our plans for two new secure schools to put education at the heart of youth custody in the course of the present Parliament.

Lord Ramsbotham (CB) 

My Lords, I have said on a number of occasions in this House that I wished that Ministers would stop talking about an additional 2,500 staff. In fact, that is 2,500 inexperienced replacements for the 7,500 experienced staff who the Government wilfully removed. When I introduced the “healthy prison concept” in 2000, the first aspect of this was safety, but that concept was introduced for the inspection of prisons. It is quite clear from the chief inspector’s report that the whole prison system fails the healthy prison concept for safety. During the Queen’s Speech, a number of us regretted that the “prisons” part of the Prisons and Courts Bill had been dropped, and I appealed to the Prime Minister to think again. Surely this report is the biggest indictment of the prison system that we have had recently. I ask the Minister again whether the Government are prepared to think again about dropping the prisons part from the legislation.

Lord Keen of Elie 

My Lords, we are not bringing forward 2,500 inexperienced prison officers; we are bringing forward properly trained prison officers to fill 2,500 places. We did not wilfully remove 7,500 prison officers; we closed 18 prisons and, in conjunction with that, there was a material decrease in the number of prison officers. Of course, we are committed to the idea of healthy prisons that can have a positive effect on the rehabilitation of inmates. With regard to the prisons Bill, I just make this observation: we are still committed to the provisions of the White Paper set out by the Government, many of which can be implemented without the need for primary legislation.

Lord Lee of Trafford 

My Lords, when will the Government admit that the state has effectively lost control of many of our penal institutions, with violence against staff and prisoners at a totally unacceptable level and getting worse? Is not the only solution in the short term to call in military support to restore proper control, as I have urged before?

Lord Keen of Elie 

We do not agree that it is appropriate or indeed necessary to have regard to military intervention in the civilian prison system. That would be a wholly unprecedented step that would not be welcomed, I suspect, in any quarter. In September last year, we rolled out a new test for psychoactive substances across the entire prison estate. I mention that because the presence of psychoactive substances within the prison estate is a major cause of violent behaviour, bullying, intimidation and further difficulties with staff. We have now invested £2 million to equip every prison across the estate with hand-held mobile phone detectors because, again, the presence of mobile phones is connected to the presence within the prison estate of drugs and other psychoactive substances. In addition to reducing the number of mobile phones within prisons, we have taken steps to reduce the quantities of drugs there. In 2016, prison staff recovered about 225 kilograms of illicit drugs across the prison estate. By taking these steps, we can effectively seek to reduce the level of violence between prisoners and towards staff.

The Minister of State, Home Office (Baroness Williams of Trafford) (Con) 

My Lords, with the leave of the House, I shall now repeat a Statement delivered in the other place by my right honourable friend the Minister for Immigration.

“This Government are fully committed to helping and supporting the most vulnerable children. The UK has contributed significantly to hosting, supporting and protecting vulnerable children affected by the migration crisis. This is part of our wider response of taking 23,000 people from the region. We have already granted asylum, or another form of leave, to over 8,000 children. Local authorities across the country are currently supporting over 4,000 unaccompanied asylum-seeking children.

The children transferred under Section 67 are being cared for by local authorities across the UK. We take our responsibility to those children very seriously, and safeguarding them is of paramount importance.

Following consultation with local authorities, the Government have set the number of children who will be transferred under the Dubs scheme at 480. We have invited referrals of eligible children from France, Greece and Italy. Our officials at the Home Office have visited France, Greece and Italy in recent months and have put in place processes to identify and transfer eligible children.

In the last week I myself have spoken to my counterparts in Greece and Italy specifically on this issue and I will follow this up in face-to-face meetings in both those countries next week. It is important to remember that the process for transferring children must be implemented in line with each individual member state’s national laws. All transfers of children to the UK must be carried out safely and with the best interests of those children at the centre of all decisions regarding transfer.

The ongoing work to transfer children under Section 67 is in addition to our other commitments. We continue to work closely with member states and relevant partners to ensure that children with family in the UK can be transferred quickly and safely.

Our approach continues to be to take refugees directly from conflict regions, providing refugees with a more direct and safe route to the UK, rather than risking a hazardous journey to Europe. We are committed to resettling 23,000 people from the region, and ours are some of the largest and longest-running resettlement schemes in the EU.

So far the UK has resettled more than 7,000 people under the Syrian vulnerable persons resettlement scheme and the vulnerable children resettlement scheme. Our schemes allow children to be resettled with their family members, thereby discouraging them from making the perilous journeys to Europe alone.

In closing, it is worth noting that families continue to arrive from the region. One family has arrived today; just yesterday 141 individuals arrived from the region; and 80 are due to arrive next week. This is all part of the Government’s approach to helping the most vulnerable.

Lord Rosser (Lab) 

I thank the Minister for repeating the Answer to the Urgent Question.

I have previously asked—without success—for the Government to provide the figures on the number of further unaccompanied children that local authorities have said they have the capacity to take in the current financial year, 2017-18, under Section 67 of the Immigration Act 2016, on the basis that government funding at the current level per child will be continued for further unaccompanied children coming here under the Dubs amendment in the current financial year. If I am again to be unsuccessful in getting an answer to that question, is it because, in the Government’s view, that question is now irrelevant because it appears in the response to the UQ that the Government have now put a cap of 480 on the number of children who can come here under the Dubs amendment. This is surely the same figure applicable at the time of the PNQ on 27 April 2017, in the light of the addition of the further 130 children as a result of a government administrative error, when the Government also said,

“we have not closed the Dubs scheme”.—[Official Report, 27/4/17; col. 1444.]

Surely, in the light of the response to the UQ, which appears to apply a cap of 480, that claim made on 27 April no longer stands up, and if I am right in saying that, frankly, that is a disgrace.

Baroness Williams of Trafford 

My Lords, regarding the cap, the specified number was set out in legislation. It was initially 350, which was based on the consultation we carried out with local authorities. I have apologised before at this Dispatch Box—I apologise again—in that there was an administrative error and the figure then rose to 480. That figure is based on the number of children that local authorities can accommodate. It is right that we have not closed the Dubs scheme, which remains open. There are numbers to be filled and therefore the Dubs scheme is not closed.