Criminal Justice and Courts Bill

Andrew Selous Excerpts

Monday 1st December 2014 Commons Chamber

Secure colleges and other places for detention of young offenders etc

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I beg to move, That the House disagrees with Lords amendment 74.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to take Lords amendments 127 to 131.

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[Andrew Selous]

As it has been some months since we last debated the Government’s plans for secure colleges, let me briefly remind Members of our ambition for secure colleges to transform the experience of young people in custody. At present, 68% of detained young people reoffend within 12 months of release—that is the highest reoffending rate of any group of offenders. Despite that poor outcome, we are paying on average about £100,000 a year for each place in youth custody—the figure rises to more than £200,000 a year for places in secure children’s homes, though the reoffending outcomes are no different. So it is clear that carrying on as we are is simply not an option. The Government believe that we must have higher ambitions for turning around the lives of troubled young people who end up in custody, and that putting education at the heart of youth custody, properly integrated with health and other support services, is the way to equip these young people with the skills and self-discipline they need to build productive, law-abiding lives on release.

Secure colleges will do that by being places of education first and places of detention second. We want to move away from the culture of bars on windows, and foster one of engagement and personal development. Our intention is to test the secure college model by opening a secure college pathfinder in Leicestershire in 2017. This purpose-built facility will, for the first time, provide detained young people with a secure learning environment in which education has been designed as the core of a regime tailored to the specific needs of young people.

[Dr Julian Huppert (Cambridge) (LD)]

I understand the aspiration to try to provide something that is educationally rather than penally driven, and we all hope it works. Does the Minister accept that there is a risk that it will not quite work? Would it not be sensible to phase things in, starting off by involving just boys over 15 and then expanding the scheme only if it actually works?

[Andrew Selous]

The intention is not to introduce girls and children under 15 at the start. We have engaged throughout this process and we intend to carry on doing so. We will, through a competition to be launched next year, invite potential operators to demonstrate how they would deliver innovative education and rehabilitation services to these young people. I am disappointed that we are today discussing Lords amendment 74, which excludes girls and under-15s from secure colleges, denying them access to the substantial benefits that we believe the secure college model will deliver for detained young people. I recognise the arguments that have been made during the passage of the Bill, both here and in the other place, about the particular needs of girls and under-15s detained in custody. I recognise also the need for establishments to put in place appropriate protections to ensure that these more vulnerable groups are kept safe. Those are valid arguments, and the Government are extremely mindful of their responsibilities to these vulnerable young people.

[Paul Flynn (Newport West) (Lab)]

The lack of any improvement over 40 years by any Government in reducing recidivism condemns us as politicians. We welcome any fresh initiative, but can the Minister tell us whether there is any model, anywhere in the world, where the system he is introducing has worked?

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[Andrew Selous]

As the hon. Gentleman has rightly pointed out, we have lamentably failed to reduce reoffending over a very long period. In addition, we spend a huge amount of taxpayers’ money per place to achieve very poor results. I have seen good education in our current establishments, but I believe we can do better. The time is ripe for us to try something different, based on sound principles, putting education and health at the heart of what we are doing, and making appropriate interventions, all of which will be in place. We are confident that secure colleges can not only meet the needs of girls and younger children in custody, but improve on the education and reoffending outcomes that current facilities achieve.

[Kate Green (Stretford and Urmston) (Lab)]

I agree with the Minister that we should put education at the heart of the rehabilitation agenda for young people. Will he say what educational qualifications the staff at the secure college will have?

[Andrew Selous]

As the hon. Lady may know, we are going to run a competition, which I will describe shortly, to find an education provider. But we are committed to increasing the amount of time in education and we want innovative responses to raise standards further because, as she will know, the results at the moment are simply not good enough.

As I have said, at this stage the Government have plans only for a single secure college pathfinder that will open in 2017, and it has been designed so that it is capable of housing about 300 young offenders aged 12 to 17. It is true that the majority of the young people in this first secure college will be boys aged 15 to 17, but that does not mean that girls and under-15s could not be safely accommodated on the same site and provided with the tailored services required to rehabilitate and educate them. Girls and boys aged 12 to 17 are already safely accommodated together in secure training centres, as well as in secure children’s homes.

Our designs for the secure college pathfinder have been specifically developed to ensure that if girls and under-15s were to be placed there, they would be accommodated in separate and smaller living units, entirely distinct from the accommodation for the majority of older boys. In our consultation on our plans for secure college rules, we also proposed a rule that girls must be separately accommodated from boys.

[Mr Llwyd]

The Minister has more or less taken my speech away from me, because to a large extent my concerns have been allayed and it is good that he is running a pilot for boys to see how that works. But how long does he think an individual youngster has to spend in that set-up in order to gain education. In other words: is there a minimum time?

[Andrew Selous]

Obviously, how long children spend in these institutions is not up to us but up to the courts. What I say to the right hon. Gentleman is that significant improvements can be made in a short period. I have seen huge advances in a child’s reading within an eight-week period, so significant advances in education can be made in relatively short periods and, of course, many children are sentenced for considerably longer than that, as he will well know.

[Mr John Leech (Manchester, Withington) (LD)]

Does the Minister envisage the girls and younger boys being educated completely separately from the older boys?

[Andrew Selous]

What we have committed to is separate living accommodation. When I visited a secure training centre recently, I saw young children—both girls and boys—happily learning how to put up wall paper and to cook banoffee pie. I can tell the hon. Gentleman that the accommodation will be separate. The whole set up and design of the secure college will be such that it will be possible to have considerable separation if and when we need it. I hope that he is reassured by that.

[Yasmin Qureshi (Bolton South East) (Lab)]

The Minister may be aware that when the Bill was in Committee, we heard from a number of experts, including charities, doctors and other people working with young people and offenders, and they said that the way that the secure colleges had been set up as large institutions was completely unsuitable for young people.

[Andrew Selous]

I hope that I can reassure the hon. Lady on that point. I understand the concerns that she raises. Is she aware of how the secure college is designed? We will, for example, have 12-bed units for the more vulnerable groups, which could include girls and children under 15. There are 20-bed and 10-bed units. We believe that it will be possible to offer that proper support. The set-up will allow smaller groups of young people to foster that sense of community, belonging and close relationship with those that will be looked after.

[Julie Hilling]

rose—

[Andrew Selous]

I will just finish this point and then I will let the hon. Lady in, not least because her mother is one of my constituents. There will be no occasion when all 300 or so young people will be milling around together in any part of the secure college. I hope that that allays the hon. Lady’s concerns.

[Julie Hilling]

I share the concerns of my hon. Friend the Member for Bolton South East (Yasmin Qureshi). Nobody involved in rehabilitation or education has said that this is a good idea. The Minister did not quite answer the question of my hon. Friend the Member for Stretford and Urmston (Kate Green) about whether the teaching staff will be qualified teachers. Moreover, what sort of ratio of children to teachers does he expect in that learning environment?

[Andrew Selous]

As I think the hon. Lady knows, we will be running a competition, and we will be looking for innovation and creativity from providers. We will assess the bids very rigorously on the basis of the best quality of education, so we are a little way off being specific on that at the moment. The hon. Lady will have heard me say very clearly that this is an institution that will have education at its core, and that we would not be doing this if we were not absolutely determined to do better than is currently done on the education front.

Now, if colleagues will allow me, I will make a little progress. Both measures will ensure that girls, and boys aged under 15, receive the tailored support that they need in secure colleges. Throughout the passage of the Bill, and indeed the development of our plans for the secure college pathfinder, we have actively engaged with interested parliamentarians in both Houses and wider stakeholders and experts, including both NHS England and the Department for Education. In the light of the feedback that we have received from peers, we have made changes to the plans to enlarge the site of the pathfinder by two acres to ensure that the younger and more vulnerable groups have sports and recreational facilities near their accommodation, and that there is greater separation between the larger and smaller units on the site. I am therefore satisfied that the secure college pathfinder would be able to deliver a distinct regime that caters for the specific needs of girls and under-15s while always keeping them safe.

[Dr Huppert]

I thank the Minister for giving way a second time; he is being very generous. We all hope that everything works out as he anticipates. What assurances can he give us that the contract that would be signed would be such that if there were a decision not to go ahead with extensions, the taxpayer would not be financially penalised?

[Andrew Selous]

I am not sure whether the contract would specifically relate to the number and type of young people who were on the site, so I think that those would be separate issues. However, there is a strong argument for not discriminating against girls and young people. As a father of three daughters, I would not want to think that we were in any way discriminating against girls. That is an important principle.

I should stress that although the other place has proposed amendment 74, the Government have been clear that no final decisions have been taken on who will be accommodated in the secure college pathfinder. That will be determined in the light of analysis of the make-up of the youth custodial population ahead of the pathfinder opening in 2017. We have also given our commitment that girls and under-15s will not be placed in the pathfinder from its opening, and that any decision to introduce them would be carefully phased.

I hope that Members will agree that girls and under-15s should not be prevented from benefiting from the enhanced opportunities and facilities provided by secure colleges. Members should acknowledge the careful consideration that we have given to these matters, and the efforts we have made to ensure that girls and under-15s could be accommodated safely in the secure college pathfinder. For those reasons, I urge the House to reject Lords Amendment 74.

Lords amendments 127 to 130 are minor Government amendments consequential to earlier amendments made by this House to extend the secure college provisions to Wales. Those amendments were necessary to ensure that principals of secure colleges were treated under the Social Services and Well-being (Wales) Act 2014 in the same way as those in charge of other types of custodial establishment.

The purpose of amendments 127 to 130 is to ensure that the Welsh language text of the Social Services and Well-being (Wales) 2014 Act is consistent with the English language text of the 2014 Act as amended by schedule 5. That is necessary because the two instruments are legally separate. I can assure the House that the effect of the amendments is unchanged from the English version seen earlier, and I ask Members to agree to Lords amendments 127 to 130.

Lords amendment 131 concerns the process for approving secure college rules. In its third report of the Session, the Delegated Powers and Regulatory Reform Committee recommended that if the Bill is to enable secure college rules to authorise the use of force for the purpose of ensuring good order and discipline, those rules should, to the extent that they authorise the use of force, be subject to the affirmative procedure. The Government were pleased to accept that recommendation on Report in the Lords and consequently ask the House to support this amendment.

As the first set of secure college rules will contain provisions authorising the use of force, an effect of this amendment would be to make the entire first set of rules subject to the affirmative procedure. That will give Parliament additional oversight of the first set of secure college rules. The Government’s consultation on their plans for secure college rules closed on 27 November. We are considering the responses that we received. I urge Members to agree to Lords amendment 131.

[Dan Jarvis (Barnsley Central) (Lab)]

I rise to speak against the Government’s motion to disagree with the other place, and in favour of Lords amendment 74. I give notice of our intention to vote against the Government’s motion tonight.

This debate is about sparing girls and young children—the most vulnerable offenders—from a flawed, expensive and potentially dangerous institution, with which the Government should not be going ahead. I listened very carefully to what the Minister said and will respond to some of his specific points in a moment, but would not the Government’s proposal for secure colleges be a step in the wrong direction for our youth justice system? It is a plan without any real supporting evidence.

Even the Government’s own impact assessment accepts that their plans are untried and untested and the Government have not been able to produce a single independent expert to vote for the proposal. The NSPCC, the Royal College of Psychiatrists and nearly 30 other leading children’s charities have publicly condemned the plans as “expensive and dangerous”.

Let me be clear: improvements need to be made to youth custody. Reoffending is still too high and education can and should play an important role in the rehabilitation of young offenders, so I welcome the efforts that Ministers are making to improve the delivery of education in young offenders institutions where it is not good enough. At a time when the youth custody population is falling, however, Labour does not think that construction of a new type of prison is the correct way to proceed.

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[Julie Hilling]

The notion of a secure college is flawed. Nobody except Ministers thinks it is a good idea—no educationalist, nobody who works in young offender institutions, nobody who works in the criminal justice system and nobody who campaigns for improvements in the way we treat children and young people in the criminal justice system. It seems to be based on a notion that going off to boarding school is a good thing, but this is not going to be like Eton. It will bring together large numbers of young people from very disturbed backgrounds who have committed serious offences. That is not a good idea.

Let us think about many of the young people who are in custody. Many have spent time in care and are likely to have had an absent parent. They have probably experienced neglect or abuse, and the prevalence of mental illness is high. Some 86% of young people in the criminal justice system have been excluded from school, 23% have learning difficulties and 36% have borderline learning difficulties. Boys aged 15 to 17 in prison are 18 times more likely to commit suicide than children of the same age in the community, and 11% of children in prison have attempted suicide. Simply trying to put knowledge into these young people without addressing their fundamental issues is doomed to failure. Young people need to be in the right place psychologically before they can start to learn. Simply trying to shove knowledge into young people who are disturbed, who have come from bad backgrounds and whose mental health is rubbish will not work; they need to be in the right place if they are to learn.

The average length of time spent in custody is 79 days, so how are those young people really going to learn a great deal in that period? The Minister talked about young people learning to read in a short period of time. There might be some successes in basic literacy and numeracy, but I do not see how it can work for their wider education process. We will be putting them in a college many miles away from home and the other support services they will need after their time in custody. They will then, after 79 days, have to reintegrate into their old school, or into a new school, and into those support services, which will not be on the doorstep to help them with their drug problems, mental health problems or all the other issues that young people face.

In Committee it was indicated to us that the teaching staff will not necessarily be qualified teachers. We are not sure about that, because the Minister will not tell us. The Government cannot just say that they will leave it until they have had a competition for people to apply to run the institution. Surely to goodness they need to lay down some firm guidelines on the qualifications and experience that those who will be working with the young people should have.

Why on earth will the Government not look at models that actually work? They should look to Scandinavia, where learning environments are in the community, where people down the street will not even know that the house on the corner is a youth custody premises, and where young people are treated holistically so that not just their education is dealt with, but all the other problems that have lead them to offend and have messed up their lives. They need that whole range of support services. We need that sort of therapeutic community, not a place where 320 young people will, as my hon. Friend the Member for Rotherham (Sarah Champion) said, vie for attention and to prove who is the most macho.

I do not believe that a secure college is a place for 15 to 17-year-olds, but it is very definitely not a place for girls and younger children, who should be in the community. The therapeutic programmes that work for young people are those that are close to the community and that are small and specific. As my hon. Friend said, so many of the young women who end up in the penal system have suffered sexual abuse and other forms of physical abuse. The Government should rule out ever putting them in a place with 320 young boys, which would make the experience awful for them.

I do not believe that we will change reoffending by locking up 320 young people together. I do not believe that we will change educational outcomes for those young people by doing that. I really wish that the Government would accept the Lords amendment, but I also wish that they would reconsider the whole proposal. If nobody else thinks that it is going to work, why are the Government arrogant enough to believe that it will? Surely they should start listening to the professionals, to those who work with young people and understand them, and not go ahead with the college, and they should certainly never contemplate putting young children and women into that place.

[Andrew Selous]

I thank hon. Members for their contributions. The Government are committed to improving outcomes for young people in custody. As I said, 68% of young people reoffend within a year of leaving custody, at an average cost of £100,000 a year to the taxpayer. We simply cannot be satisfied with the status quo and need to try something new. Education needs to be at the heart of the offer we put in front of those young people, and so does health.

We have engaged with parliamentarians, stakeholders, practitioners, experts and young offenders themselves on our plans and, in response to Parliament’s concerns, have amended the Bill to ensure that secure college rules are subject to the affirmative procedure to the extent that they authorise the use of force. We want to continue that dialogue as we implement our vision for secure colleges.

I say to the hon. Member for Barnsley Central (Dan Jarvis) that our vision is to have, rather than just a prison with some education in it, a building that is designed as a school—the plans have changed considerably since the first version. We do not think that it is right to educate those young people somewhere with bars on the windows; we think they deserve a better environment in which to learn. The published plans have changed hugely and, as I have said, there will be a considerable health offer within the establishment. Girls are already taught and looked after alongside boys in secure training colleges and children’s homes. We do not expect a delay. Blaby district council supported the proposals unanimously and the local further education college is very supportive of what we are doing.

On the equality impact statement, in accordance with the Ministry of Justice’s duties under the Equality Act 2010, we considered the impact of the proposals set out in the Government response to the transforming youth custody consultation in January 2014. That was made clear in the parliamentary question, which the hon. Gentleman mentioned, on 16 June. I say to the other Members who spoke from the Opposition Benches that girls are already in youth custody, in secure training centres and in secure children’s homes, and many are sentenced there for a considerable time. We have a duty to give them a better offer. What we do at the moment is simply not good enough, and it costs us a huge amount of money. A Government with ambition are right to try to do the best for those young people.

Question put, That this House disagrees with Lords amendment 74.

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Specified offences

[Andrew Selous]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss Lords amendments 2 to 73, 75 to 96, 108 to 126 and 132 to 143.

[Andrew Selous]

We have heard today passionate arguments from all parts of the House on parts 2 and 4 of the Bill on secure colleges and judicial review. The Government amendments made to parts 1 and 3 of the Bill in the House of Lords have significantly enhanced it. I do not intend to explain every amendment at great length, but I will touch on some.

Lords amendments 70 to 72, 116, 117, 126 and 142 introduce important changes to the law by creating a new criminal offence that specifically targets the behaviour commonly referred to as revenge pornography. I am sure that hon. Members across the House will agree that this behaviour is intolerable.

[Dr Huppert]

As the Minister says, this is a very important issue, and I raised it when the Bill was here before it went to the other place. It is very good to have this criminal sanction, but does he agree that it will be effective only if it is matched by education so that it is not necessary because people simply do not do these things?

[Andrew Selous]

I pay tribute to the part that the hon. Gentleman played in earlier debates on this issue. He is of course right: the law can go so far, but people need to be educated, and that is absolutely part of what we need to do to stamp out this despicable practice.

The malicious disclosure of intimate sexual photographs and films is undoubtedly an extremely distressing experience for victims. Most are left distraught, not only by the disclosure of images that they once thought were private and personal, but by the breach of trust perpetrated by this abhorrent offence. Careers and subsequent relationships have often been ruined as a result.

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[Dr Huppert]

The right hon. Lady is absolutely right about there being scope for data-matching images, and there is some nice work being done on technologies for hashing an image so that it can be identified, but it will be harder than in the case of child abuse images.

As I said in an intervention on the Minister, we need a substantial improvement in education not just around this offence—ideally we want a situation where no one is ever prosecuted under the offence because the message has been sent so clearly that people simply do not share intimate images of former partners or whomever—but on the much broader issue of sex and relationships education. For me, this is fundamentally an issue not about revenge or pornography—the term “revenge porn” is not ideal—but about consent. We need a system where, particularly through education, we get people to understand what consent is about: what can be agreed to and what cannot be agreed. Whether it is sexual assault and physical violence, emotional assault or the taking and spreading of such images, it should be about whether consent has been given. That is the education I would like to see. The Government should have compulsory sex and relationships education for everybody at school to tackle these issues of consent, and they should do what they can to ensure society changes so that we have that focus on consent. I welcome the amendments very much, and I am grateful the Government have agreed to them.

Very quickly, amendment 73 was led by the hon. Member for Rotherham (Sarah Champion), who did a fantastic job. I had the privilege of co-sponsoring the amendments, but she did the work, and I am not in any sense trying to claim credit. The amendment will make a big difference to grooming. Her approach to the amendments—working constructively with Ministers, discussing the issues, not trying to play party politics, but making the case sensibly and pragmatically—has delivered her success, and she should be very proud of getting the law changed to protect young people. Perhaps there is a lesson there for other right hon. and hon. Members about how to get the law changed.

[Andrew Selous]

I thank all Members who have contributed to this wide-ranging and considered debate; the number of points raised confirms the importance of the amendments we have made during the Bill’s passage. As I set out, the Bill represents the next stage of our reforms to deliver a cost-effective system in which the public can have real confidence. The amendments in the other place have advanced and improved the Bill, and I thank its Members for their continued scrutiny.

Hon. Members have raised several issues that I shall address as best I can in the time left. The hon. Member for Hammersmith (Mr Slaughter) touched on the issue of recall adjudicators. He will be aware that the Government decided to legislate now because of the Supreme Court judgment in the case of Whiston, which was handed down on 2 July and so only recently opened the door to an alternative mechanism that does not require determinate sentence recall cases to be reviewed by a court-like body. I am of course conscious that the change has been brought forward at a late stage in the Bill’s progress, but it was necessary for us to use the opportunity that the Whiston judgment has afforded us.

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[Maria Miller]

Will my hon. Friend join me in urging the industry to take action and put in place a code of practice to ensure that those affected by this dreadful crime know where to go, who to report the offence to and how long it will be before the images are taken down? People want certainty; they do not want the uncertainty that currently prevails.

[Andrew Selous]

Yet again, my right hon. Friend speaks very wisely. I agree with the challenge she has put to the industry. She is right to do that and I hope it will pay attention to the debate in this House. I am with her in the demands that she has quite properly placed on the industry in expecting it to fulfil its proper social responsibility in this regard. My hon. Friend the Member for Cambridge talked about the important role that victims have played, and I think he did the House a service by putting on record the role that victims have played in describing the terrible ordeal that they have been through. That has certainly helped inform our debate.

These amendments address a number of issues that have been brought to our attention by Members in the other place as well as those brought forward by the Government. I firmly believe that they enhance and improve the Bill, and I am proud to say that we are tackling the appalling behaviour known as revenge pornography, which has featured considerably in tonight’s debate. We are also addressing an important lacuna in the reporting restriction framework and introducing recall adjudicators to go some way to alleviate the pressure on the Parole Board. These and other measures are not only critical, but absolutely necessary. I urge the House to support them.

Lords amendment 1 agreed to.

Remaining Lords amendments agreed to, with Commons financial privileges waived in respect of Lords amendments 5 to 34, 75, 123 and 124

Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments.

That Dr Julian Huppert, Andrew Selous, Mr Andy Slaughter, Karl Turner, and Mr Ben Wallace be members of the Committee;

That Andrew Selous be the Chair of the Committee;

That three be the quorum of the Committee.

That the Committee do withdraw immediately.—(Damian Hinds.)

Committee to withdraw immediately; reasons to be reported and communicated to the Lords.

Oral Answers to Questions

Andrew Selous Excerpts

Tuesday 11th November 2014 Commons Chamber

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

1. What steps he is taking to ensure that prisoners who have been convicted of a crime of violence are assessed before being transferred from secure accommodation to an open prison.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Progression to an open prison is never automatic; all prisoners undergo regular, mandatory assessments of their risk of escape or abscond, and the risk of harm to the public, and only those assessed as having an acceptable level of risk for lower security conditions can be allocated to an open prison.

[Gordon Henderson]

I thank the Minister for that response, but there is another thing that I am concerned about. Sabul Miah recently absconded from Stanford Hill open prison in my constituency, causing a great deal of upset to the family of the man he was imprisoned for viciously attacking, particularly given that the first they heard of it was when they were contacted by a national newspaper. Would it not be possible for the families of victims of violent crime to be notified immediately by the Prison Service when the perpetrator of the crime either is released from prison or absconds?

[Andrew Selous]

I recognise the seriousness of the issue that my hon. Friend correctly raises. The offender absconded on 23 October. The victim liaison unit was informed of the abscond the next day and tried to contact the one victim who was on the victim contact scheme. They tried her mobile phone number several times but were unable to leave a voicemail. They had not been provided with an e-mail address so sent a letter at the end of that day. The offender was recaptured a week later and sentenced. However, I recognise the seriousness of what my hon. Friend says, and we will make every effort to ensure that victims are informed as soon as possible.[Official Report, 3 December 2014, Vol. 589, c. 3MC.]

[Nick Smith (Blaenau Gwent) (Lab)]

Can the Minister confirm that 200 sets of prison keys have been lost since 2010? Does he think that that is good prison management?

[Andrew Selous]

I answered a parliamentary question on this matter, so the hon. Gentleman probably knows the answer to his question. Regrettably, keys are lost from time to time. The largest loss was by G4S, so there was no cost to the taxpayer, but it is obviously regrettable and we do not want it to happen. We investigate fully and will try to minimise it as much as possible.

[Mr David Nuttall (Bury North) (Con)]

Is my hon. Friend as concerned as I am that when a prisoner escapes from an open prison the public are invariably warned by the police not to approach him because he is considered dangerous?

[Andrew Selous]

I understand the point my hon. Friend makes, but perhaps that is the standard advice given by the police on all occasions. I can tell him, however, that absconds and escapes have fallen by 80% over the past decade, so we have got better at this, but of course we will try to ensure that no one escapes or absconds.

[Mr Philip Hollobone (Kettering) (Con)]

What programmes are undertaken in prison to help prisoners modify their violent behaviour, and do they have to pass such courses before they are even considered for transfer?

[Andrew Selous]

We are undertaking more detailed risk assessments than there were in the past, but my hon. Friend raises an important point. Members should be aware that the number of people sent to prison for violent offences has increased by 40% over the past decade. However, I have seen very good violence reduction programmes in our prisons and am looking to spread those as widely as possible.

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

2. What recent progress he has made on his courts reform programme.

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[Philip Davies (Shipley) (Con)]

10. What proportion of recalls to prison were fixed-term recalls in the latest period for which figures are available.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Between 1 April and 30 June 2014—the latest period for which data are available—there were a total of 4,216 licence recalls. Of those, 42% were fixed-term recalls.

[Philip Davies]

Most people around the country believe and expect that when a criminal is released from prison early, if they commit another offence before the end of their original sentence they will be sent back to prison for at least the full duration of that original sentence. As the Minister has confirmed, however, 42% of recalls are just 28-day fixed-term recalls. In the first nine months of last year, 1,260 burglars were given 28-day fixed-term recalls, instead of serving the full length of their original sentence. Will the Minister revisit that scandal, which alarms many of our constituents and puts them at unnecessary risk of becoming victims of crime?

[Andrew Selous]

My hon. Friend has taken a long-standing and serious interest in this issue. Fixed-term recalls can be used only when the offender does not pose a risk of serious harm to the public. When recall prisoners are assessed to pose a risk of serious harm to the public, they are given standard recalls to serve the remainder of their sentence in prison, and will be released earlier only if it is safe to do so. Under the Criminal Justice and Courts Bill, offenders who do not comply with their licence and are highly likely to commit further breaches if released are deemed unsuitable for fixed-term recall. We therefore have measures either in place or in the pipeline to exclude high-risk and prolific offenders from fixed-term recalls.

[Nia Griffith (Llanelli) (Lab)]

12. What plans he has to legalise humanist marriages.

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[Steve Rotheram (Liverpool, Walton) (Lab)]

T8. Drugs are a growing scourge in our prisons. Altcourse prison in my constituency was recently criticised by Her Majesty’s inspector of prisons for not making the necessary links between drug gangs and violence. Does the Minister agree with the right hon. Member for Lewes (Norman Baker) who said:“If anyone is soft on drugs it’s my Conservative colleagues”?

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We take drugs in prisons extremely seriously. We do our very best to make sure that they are not there. We have mandatory drug testing and the results have actually come down. The hon. Gentleman will be aware that there are new psychoactive substances, and we have to make sure we are working with our scientific partners to have appropriate testing for them. We are also looking to make sure that tramadol is not abused in prisons.

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[Mr Philip Hollobone (Kettering) (Con)]

How many foreign national offenders are there in our prisons and what steps have been taken to return them to serve out their sentences in their countries of origin?

[Andrew Selous]

May I first commend my hon. Friend for persistently and regularly raising this issue? He is right to do so and I have no doubt that he will go on doing so. I can tell him that this Government, unlike the last, have removed more than 22,000 foreign national offenders. Their numbers doubled under the previous Government, but we are bringing their numbers down. Specifically, I can tell my hon. Friend that at the end of September there were 10,319 foreign national offenders in prison, fewer than the 11,153 in May 2010. The figure is down 515 from that in the answer I gave him in September’s oral questions.

[Karl Turner (Kingston upon Hull East) (Lab)]

On 19 September, Mr Justice Burnett ruled in the High Court that the consultation on criminal legal aid was so unfair as to amount to illegality. The entire criminal justice system is in chaos. What is the Lord Chancellor doing about it?

Callum Wark (Sentencing of Foreign Drivers)

Andrew Selous Excerpts

Wednesday 29th October 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I thank my hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke) for securing this important debate and highlighting the issues surrounding the tragic death of Callum Wark. In particular, I thank him for putting on record his comments about Callum’s personality in the House of Commons today. I am sure that others will also have been particularly touched by the story of Callum turning back during a race that he probably would have won to help a friend with learning disabilities. That speaks volumes about the kind of fine young man he clearly was.

Any death on our roads is a tragedy. Road deaths lead to unimaginable pain for the families and relatives of the victims. Such deaths are made worse when they are caused by bad driving under the influence of alcohol and could have been avoided. It is particularly troubling that Callum was only 19 and had his whole life ahead of him. Most Members will know of similar cases in their own constituencies—we have already heard from the hon. Member for Strangford (Jim Shannon) in that regard—but I hope that they will appreciate that I do not want to go into the details of their individual cases during this short debate.

As my hon. Friend the Member for Elmet and Rothwell has said, Callum Wark was killed by a lorry driver, a Bulgarian national, who was found to be driving dangerously and well over the drink-drive limit. The lorry driver entered a guilty plea to a number of offences including causing death by dangerous driving. He was sentenced to seven years and eight months’ imprisonment on 20 March this year. He was also banned from driving for 10 years.

My hon. Friend raised a number of issues that arise from this case and other similar cases, which I will try to deal with in my remarks. It is, of course, right that our independent courts should decide on the sentence for an offence. It is the court that has the full knowledge of the case and the offender, and it is best placed to decide on a just and appropriate sentence. It is also important to remember that we have sentencing guidelines that the courts are required to follow—unless it would be unjust to do so—which lead to greater transparency in the level of sentence likely to be imposed and increased consistency in sentencing practice. For certain offences, the Attorney-General can refer a case to the Court of Appeal on the basis that the sentence is unduly lenient—that includes cases involving causing death by dangerous driving. Anyone can make representations to the Attorney-General to consider making such a reference. There is a 28-day time limit to appeal against an unduly lenient sentence, and in this case no appeal was lodged.

In keeping with the current law and guidelines, the driver in this case had his sentence reduced for pleading guilty to the offence at an early stage. The reduction for an early guilty plea is not just about saving money and court time; it is designed to ensure that victims, their families and witnesses are not required to relive dreadful events in court. I pay tribute to North Yorkshire police and others in the criminal justice system in North Yorkshire for enabling this case to be concluded with sentencing occurring less than three weeks after the incident. As the police themselves have noted, the family were spared the trauma of sitting through a protracted court hearing.

My hon. Friend also raised concerns that the offender in this case will be released at the halfway point in his sentence. As my hon. Friend will know, release before the end of sentence is not new. Since legislation was introduced in 1967, successive Governments have maintained that approach, and the current arrangements are contained in the Criminal Justice Act 2003. In most driving cases, a standard determinate sentence will be imposed by the court, and the 2003 Act provides that such prisoners must be released automatically as soon as they have served half their sentence. The second part of a custodial sentence—the licence period—is an important part of the sentence, as it provides for the supervised transition of an offender into the community and the prospect of recall to prison for breach of the licence. If there were no licence period, offenders could be in prison for many years and then be released with no support or supervision, which would increase the risk of reoffending. If a foreign national prisoner is to be removed from the UK, it would make little sense to impose licence conditions to ensure an offender could be supervised in the community, given that they will not be released into our community. That is why after the period spent in custody for the purpose of punishment of the offence, we seek, where possible, to remove foreign national prisoners to their own country.

The driver in this case is a foreign national and, as a convicted offender, may be subject to deportation at the end of his sentence. I am aware that the judge in this case made a recommendation that the offender be deported after serving his sentence. The Government are committed to ensuring that foreign national offenders, including those committing serious driving offences, should be removed from the UK whenever possible. In some cases, offenders may serve some of their prison sentence in their own country under a prisoner transfer agreement. In other cases, an offender may be released from custody in order that they can be removed from the UK. A foreign national prisoner can be returned to their home country up to 270 days before the halfway point of their sentence, and we need to strike a balance between ensuring that foreign nationals are removed to their own country and ensuring that they are properly punished for the offences committed in this country.

On the wider issues of penalties, it is worth stressing that although sentencing is a matter for the courts, setting the framework that the courts work within is for Parliament. This Government want to see maximum penalties that allow the courts to respond to the full range of cases they are likely to face. The offence in this case, causing death by dangerous driving, already has a maximum penalty of 14 years’ imprisonment. The same maximum is available for causing death by careless driving while under the influence of drink or drugs. Where there is a failing in the law we have moved to remedy it. In the Legal Aid, Sentencing and Punishment of Offenders Act 2012 we created a new offence of causing serious injury by dangerous driving, with a five-year maximum penalty.

More recently, in response to the awful case of Paul Stock who was killed by a disqualified driver, we have, in the Criminal Justice and Courts Bill, proposed an increased maximum penalty for those disqualified drivers who kill or cause serious injury. The current maximum sentence is two years for causing death, but will increase to 10 years when those provisions become law.

[Jim Shannon]

I welcome what the Minister has said about more stringent and stronger penalties. I also want to hear whether he has had any correspondence or discussions with the relevant Minister in Northern Ireland as it is a devolved matter, but I want to ensure that there is some consistency in punishment and that we are, across the whole United Kingdom, Great Britain and Northern Ireland, working towards the same goal. Will the Minister tell us whether that is happening?

[Andrew Selous]

I am not aware of any communication between UK Ministers and Ministers in Northern Ireland. I will ask the Minister for Policing, Criminal Justice and Victims, within whose responsibilities this issue lies, to respond directly to the hon. Gentleman.

We recognise that it is important to respond quickly where there is a clear gap in the law or where a maximum penalty is clearly inadequate. We also need to ensure that there is a consistent and proportionate sentencing framework. That is why earlier this year we announced our intention to look, across the board, at the maximum penalties for offences involving bad driving. That review, which looks at a number of issues that many Members of this House have already raised, is currently under way and being conducted by the Ministry of Justice working with the Department for Transport. I am particularly pleased that the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), is here on the Bench with me this afternoon. The review will focus on the maximum penalties and gaps in current offences. It will soon be taking the views of victims, families of victims, road users and criminal justice professionals. I do not want to pre-empt any findings, but I hope that the review will lead to recommendations that the next Government can act on in the early stages of the next Parliament.

In addition to the custodial sentence imposed in this case, the offender was also banned from driving for 10 years. He was also ordered to complete an extended driving test before he can regain a licence to drive in the UK. Driving disqualification and extended testing requirements are an important element of dealing with drivers who kill and are a mandatory requirement.

The length of a driving ban is for the court to set. Guidance already makes it clear that the court should consider the time spent in custody so that the ban is not extinguished or severely diminished by the time the offender is released. Provisions in the Coroners and Justice Act 2009 reinforce that message by placing a statutory duty on courts to extend driving bans when imposing a custodial sentence. We have recently sought to make amendments to that legislation in the Criminal Justice and Courts Bill to enable those important provisions to be commenced as soon as possible.

My hon. Friend raised concerns about the Crown Prosecution Service and its understanding of bereavement. Let me say that in any case involving a death, the CPS should be sensitive to the need to minimise the extra distress criminal proceedings are likely to cause the victim’s family and friends. The CPS guidance on that is very clear. In murder, manslaughter and fatal road traffic cases, the CPS will provide an enhanced service to family members. In such cases, the prosecutor should offer to meet the victim’s family from an early stage to explain how the case will be handled and what is expected to happen at each court hearing. The prosecutor will also explain the likely sentence should the defendant be convicted. The prosecutor will inform the victim's family that they can make a victim personal statement, and he will bring the statement to the attention of the court. If my hon. Friend has a specific concern about the handling of this case, I would be happy to pass that on to the Director of Public Prosecutions who has responsibility for the CPS.

On the question of mutual recognition of driving bans across the EU, I should say that such a system is in place with the Republic of Ireland, but not, as my hon. Friend says, for other countries in the EU. We agree, in principle, that co-operation over disqualifications between member states, other than Ireland, is desirable. Any EU member state may wish to enter into similar arrangements to those we have with Ireland in the future. It is important to understand that a practical and effective system of mutual recognition across the EU would have to be ratified by the vast majority of member states. In the case of the existing 1998 convention, only a small number of states have ratified. I should stress that the offender in this case will not be able to drive in the UK as a result of the driving disqualification for a decade.

My hon. Friend also raised the question of deportation of foreign national offenders. The Home Office considers for deportation all foreign national offenders who are sentenced to a period of imprisonment following a criminal conviction. For European economic area nationals, the deportation consideration process takes account of the Immigration (European Economic Area) Regulations 2006. Deportation will normally be pursued where the person is sentenced to two years’ imprisonment or more, as in this case, or 12 months’ imprisonment for a sexual, drug or violent offence. Where an EEA offender receives a shorter sentence, deportation will be pursued where it can be justified in accordance with the Immigration (European Economic Area) Regulations, taking into account the particular circumstances of the case. For non-EEA nationals, there is a duty for the Secretary of State to deport a non-EEA foreign national who is sentenced to a period of imprisonment of 12 months or more.

My hon. Friend will know that the regulations covering cross-border haulage firms are detailed, and are governed in the UK by the Department for Transport. In short, those who operate commercial vehicles on international journeys will need a number of authorisations and permits. The authorisations will depend on the countries in which the vehicle is to travel, but include driver certificates of professional competence, community licences and a standard international operator’s licence. These requirements include regulating the amount of time a driver spends at the wheel through the EU drivers’ hours rule, as well as a requirement for an EU driver to have undertaken the certificate of professional competence. The principal aim here is to ensure better trained drivers across the EU, who are up to date with current legislation. As my hon. Friend will realise, this is a technical area of regulation, and I would be happy to pass on specific concerns raised by my hon. Friend to my colleagues in the Department for Transport.

My hon. Friend also raised the question of the length of a driving ban and suggested that there should be a lifetime ban for those who cause death. The length of a driving ban is a decision for the judge in the individual case. In some cases a driving ban of a specific length provides an incentive for offenders to comply with their sentence in order that in time they can regain their licence. Where offenders are given a life ban, they may be more likely to flout that ban and drive illegally and irresponsibly. But I do recognise the point that my hon. Friend makes in regard to those who cause death, especially by dangerous drink-driving. We will be looking at the current sentencing practice and driving ban lengths as part of the driving penalties review, which will report early next year. I suggest that my hon. Friend sends a copy of this debate and a submission to that review, and that will be most welcome.

Let me conclude by again thanking my hon. Friend for securing this short but important debate, and by offering my own condolences to the family and friends of Callum Wark. Mercifully, the number of people dying on our roads continues to fall, aided by better cars, better roads, more awareness of road safety, better policing and advances in emergency medicine. But I know that that will be of no consolation to the family of Callum and his many friends.

But the criminal justice system also has an important role to play in dealing with those who continue to drive badly and put themselves and others at risk. The Government have already shown their willingness to ensure that the courts have the powers they need to deal effectively with drivers who kill or cause serious injury to other road users. We have created new offences where there was a gap in the law, and we have increased maximum penalties where the courts were frustrated by a lack of sentencing power. We are now actively reviewing the sentencing framework for the range of driving offences. We want to ensure that sentences are consistent and proportionate, but that the law also ensures that those who kill innocent people, such as Callum Wark, are punished appropriately.

Question put and agreed to.

Oral Answers to Questions

Andrew Selous Excerpts

Tuesday 9th September 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

The National Offender Management Service regularly carries out assessments of all aspects of security and delivery at HMP Northumberland and will continue to monitor the prison’s progress closely.

[Mr Brown]

May I caution the Minister against reading out what the civil service put in front of him as if that were a satisfactory answer to the question? The situation at the prison has been described by work force representatives as a “powder keg”. The issue is the dramatic reduction in staffing and the increase in the number of prisoners. I urge the Minister to look at the situation and satisfy himself that the prison is safe, because all the advice that the region’s MPs are receiving is that it is not.

[Andrew Selous]

I think I can give the right hon. Gentleman some good news. Like all prisons, HMP Northumberland is subject to performance targets and it is currently at level 3, the second highest level. Twelve new recruits have just joined the prison, 13 more are due to start next Monday and 22 reserve staff can be called up to make up any shortfall, so I do not recognise the description given by the right hon. Gentleman.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Does the Minister recognise that adequate staff numbers are essential not only to safety but to rehabilitation, and that I expressed concerns to his predecessor that the public sector bid and the Sodexo bid, which was successful, both involved a significant reduction in staff numbers?

[Andrew Selous]

I absolutely recognise what the Chair of the Justice Committee says. As I have just said, we are increasing staff numbers at the prison: 13 more recruits are due to start next week, 12 have already joined and there are 22 reserve staff available. The prison will also have a further inspection next week, so we are keeping these matters closely under review. As I have said, more staff are joining.

[Ian Lucas (Wrexham) (Lab)]

rose—

--- Later in debate ---

[Andrew Selous]

I am extremely grateful to my hon. Friend for bringing a bit of balance to our discussions on HMP Northumberland. I thank him for what he has said. Of course, there are some pressures in our prisons, but prison officers are doing magnificent work every day. Frankly, it is time that was recognised and celebrated.

[Graham Jones (Hyndburn) (Lab)]

6. What estimate he has made of the number of offenders given a non-custodial sentence in the past three years who had more than 100 previous convictions.

--- Later in debate ---

[Andrew Griffiths (Burton) (Con)]

16. What assessment he has made of the effectiveness of open prisons.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Open prisons are subject to inspection by Her Majesty’s inspectorate to measure performance in four key areas: resettlement, purposeful activity, safety and respect. Alongside this, the Ministry of Justice operates an internal audit assurance mechanism. Open prisons are subject to audit in the same way as the rest of the prison estate and are awarded a rating based on assurance against national baselines. HMIP and internal audit outcomes are combined with scores from other performance measures to give an overall performance rating on the prison rating system. All open prisons are currently rated as 4, which is exceptional, or 3, meeting targets.

[Andrew Griffiths]

I thank the Minister for that response, but Sudbury prison is neither effective nor meeting its targets. The local newspaper recently ran a story with the mugshots of 24 prisoners who were still on the run from Sudbury prison. We recently had four prisoners absconding in five days and two have disappeared in the last month. My constituents are concerned for their safety. This is not working; what is the Minister going to do about it?

[Andrew Selous]

I recognise my hon. Friend’s concern, but let me give him some helpful facts. The list of 24 Sudbury prisoners unlawfully at large that was recently published by Derbyshire police includes cases from 1992 onwards, with half occurring before 2006. Absconds have reduced by 80% in the last 10 years, and this Government have recently made significant changes to the way prisoners are assessed for eligibility for open prisons and to receive relief on temporary licence.

[Kevin Brennan (Cardiff West) (Lab)]

Following representations from me and others to the Minister’s predecessor, I welcome the fact that the Government reversed their decision on having steel-strung guitars for prisoners in prison cells. Will he update us on how the reversal of that policy is going? Have there been any problems, and does he recognise the value of music as a rehabilitative force in our prisons?

[Andrew Selous]

I think that one of the first letters I received after my appointment was from the hon. Gentleman about this issue. I was pleased that we were able to resolve it. As far as I am aware, there have been no issues and no difficulties. I believe the new policy is settling down well.

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

17. What steps he is taking to reduce the level of violence in prisons.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

My right hon. and learned Friend the Attorney-General visited Swaleside, one of the prisons in my hon. Friend’s constituency, on 2 May this year, and spoke to prison staff there. As a new Minister, I have been visiting as many prisons as possible, and I look forward to visiting a prison in my hon. Friend’s constituency in due course.

[Gordon Henderson]

I welcome my hon. Friend’s reply, but does he accept that the Prison Service is undergoing a great many changes, and that, as a result, the three prisons in my constituency face a number of challenges? I am delighted that he has agreed to visit my constituency, and I hope that he will be able to talk to the prison officers who have been affected by the changes and tasked with implementing them.

[Andrew Selous]

I am grateful for what my hon. Friend has said. I have visited prisons on a very regular basis, and have observed that, while they are certainly subject to some pressures, excellent work is being done. I talk to prison officers regularly as well, and I look forward to talking to those in his constituency.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

18. What recent assessment he has made of the effectiveness of the probation service.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We are monitoring the performance of the probation service closely as we implement our reforms.

[Mrs Lewell-Buck]

The probation service has warned of the disruptive effect of splitting up the probation system, and is already being proved correct. Dedicated officers in Shields tell me that long-standing and trusting relationships with clients have been cut short, which has made those individuals more difficult to engage, and, worse, more likely to reoffend. Why have the Government ignored those warnings?

[Andrew Selous]

Government Members are not happy with the very high reoffending rates that we have had for decades, and we are determined to do better. We shall be introducing supervision for prisoners who have been sentenced to less than one year, and we believe that our reforms will be highly successful. We are ambitious to end the cycle of reoffending that has blighted our communities for far too long, and we are doing something about it.

[Mr David Hanson (Delyn) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[Martin Vickers (Cleethorpes) (Con)]

T6. It is an intolerable burden on British taxpayers that they should be funding the cost of so many foreign prisoners. Can the Secretary of State inform us what action is being taken to reduce the number and return more of them to their home country?

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I share my hon. Friend’s concern about the issue. Reducing the foreign national offender population is a top priority for the Government. Last year, we removed 5,097 foreign national offenders compared with 4,072 in 2012-13 and 4,539 in 2011-12. Whereas this Government have begun to reduce the foreign national population in prison, the number of foreign nationals in our prisons under the last Government more than doubled.

[Mr Speaker]

Michael Connarty. Not here.

--- Later in debate ---

[Lorely Burt (Solihull) (LD)]

T10. As a former prison assistant governor, I take a great interest in the rehabilitation of ex-offenders, so I am very proud of my constituent, Jason Turner, a former drug addict who is today launching his film, “Making your past pay.” He turned his life around after 22 years of crime and addiction, and the film features Benjamin Zephaniah aiming to show offenders how they can turn their lives around. Does my hon. Friend agree with my constituent Jason that offenders seeking to rehabilitate should never allow themselves to be defined by their past?

[Andrew Selous]

My hon. Friend is rightly proud of her constituent, and the objective of the Ministry of Justice is to make sure that people do turn their lives around, as her constituent has done. All credit to him, and we believe our transforming rehabilitation reforms will do that for many more people.

[Kate Green (Stretford and Urmston) (Lab)]

T7. There have been reports that a number of offenders remain unallocated to supervising officers following the division of the probation service into probation and community rehabilitation companies, with obvious concerns for public safety. The Secretary of State has said that he will only proceed with the transforming rehabilitation programme if he is confident it is safe to do so. Will he now undertake to publish the findings of the test gates, including the upcoming test gate 4, so that the public can have that reassurance?

--- Later in debate ---

[Mr Philip Hollobone (Kettering) (Con)]

How many foreign national offenders are there in our prisons, and what concrete steps are being taken to send them back to secure custody in their own countries?

[Andrew Selous]

We have 10,834 foreign national offenders in our prisons. We have signed prisoner transfer agreements with the European Union, Albania and Nigeria and, as I said in an earlier answer, we removed 5,097 foreign national offenders last year. I can assure my hon. Friend that this is a priority for me, as it is for him.

[Andy McDonald (Middlesbrough) (Lab)]

The number of prison suicides has risen by 50% since the coalition came to power. The Secretary of State sits on his hands and simply says that the numbers go up and down; he has no explanation for that. However, his own chief inspector of prisons says that this is down to overcrowding. Is he wrong?

--- Later in debate ---

[Julie Hilling (Bolton West) (Lab)]

The Joint Committee on Human Rights has reported that the Government do not appear to have carried out an equality impact assessment of secure colleges. Many experts, and many in this House, are concerned about the impact of those colleges on girls and young children. Why has no impact assessment been carried out and what is the Minister going to do about it?

[Andrew Selous]

Any introduction of under-15s and girls to those colleges would be carefully phased; they would not be placed in such a college from its opening. At the moment, seven out of 10 young offenders reoffend within a year. They cost on average £100,000 and sometimes up to £200,000. The hon. Lady will know very well that details of assessments have generally not been released by any Government.

Vince Morgan

Andrew Selous Excerpts

Thursday 17th July 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Let me begin by thanking the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson) for securing this debate, which raises some very important issues. First, I would like to offer my profound condolences to Mr Morgan’s parents, Sharon and Trevor, and his whole family.

Every death in prison custody is a tragedy for that individual and their family and friends. Let me assure the House of how seriously the Government take such deaths, which are all independently investigated by the prisons and probation ombudsman and a coroner’s inquest, as the right hon. Gentleman said.

I would like to offer a few comments on Mr Morgan before turning to some of the wider issues highlighted by this very sad set of events. Mr Morgan was serving concurrent sentences of 18 months for actual bodily harm and four months for battery—offences that he had committed against his parents. Initially remanded to Her Majesty’s Prison Hull in April 2012, he served several months there after his conviction before transferring to HMP Northallerton in November 2012 as a standard progressive move. HMP Northallerton was a specialist resettlement prison that has now closed.

[Alan Johnson]

That, of course, raises a question for the parents. Vince was 28 coming up to 29, so he was an adult, but everyone knew that his severe, chronic mental health problems meant that, in effect, he was acting like a child. Why would the prison service not consult his parents—his mother being his registered carer—about the need to transfer him from one prison to another? How could the transfer of such a vulnerable prisoner go ahead without the parents being consulted?

[Andrew Selous]

The right hon. Gentleman raises a proper issue about the way in which the families and carers of people with mental health issues are treated generally in our society. Very similar issues have been raised in my constituency. If he will allow me, I will go back, make further inquiries at the Ministry of Justice about that specific point and write to him following this debate. I absolutely understand the very important issue that he properly raises.

Mr Morgan’s conditional release date was 29 January 2013, and planning for his release was under way. However, on 28 December 2012, Mr Morgan was, tragically, found hanging in his cell. The emergency response was prompt, but Mr Morgan was pronounced dead.

Mr Morgan suffered from schizophrenia, and his treatment for this condition continued during his time in custody. As with all prisoners, he was assessed on entry to custody, where he was referred for assessment by the prison mental health in-reach team, and considered for any risk of self-harm or suicide. Staff kept an eye on his behaviour and potential vulnerability to bullying. An assessment for learning disabilities was requested. At the time of his death, Mr Morgan had recently moved wings and a few weeks previously had been informed that he would be required to live in an approved premises, rather than return to his parents house, when he left prison, though that aspect of his release planning continued to be kept under consideration by Humberside probation trust and the multi-agency public protection panel that considered his case.

The coroner’s inquest into Mr Morgan’s death concluded in November 2013. The cause of death was hanging and the jury’s conclusion of death by misadventure noted that there was a failure in the system of transfer of information from health care staff to discipline staff, and that, consequently, problems regarding Mr Morgan’s behaviour were treated as a discipline issue rather than medical.

The coroner made two recommendations to the Secretary of State for Justice. The first was on the involvement of health providers where prisoners requiring in-reach mental health support are to be transferred between prisons. There is a “clinical hold” system in place, which can be used where there are concerns about the suitability of health care provision in the receiving prison. The second was on the information flow from and to prison officers within HMP Northallerton. As has been said, HMP Northallerton has since closed, but a review was undertaken at HMP Hull.

The prisons and probation ombudsman completed his report on Mr Morgan’s death in May 2014. It identified some deficiencies in communications between staff at Northallerton about Mr Morgan’s management, but concluded that it would have been very difficult to foresee Mr Morgan’s action and prevent his death. No recommendations were made.

I reiterate my profound condolences to Mr Morgan’s family. As I have already said, every death in custody is a tragedy for that individual and their family and friends. Safety, decency and security will always remain the priority for the National Offender Management Service. However, every year a number of people die in prison—some through natural causes and some self-inflicted. In 2013, 215 people died in prison custody. Of those, 123 were as a result of natural causes and 74 were self-inflicted.

As the House may be aware, the number and rate of self-inflicted deaths in prisons in England and Wales increased in 2013 and the Government are committed to understanding the reasons for that rise and are seeking to address it. We have put additional resources into safer custody work across prison establishments; this issue affects the whole estate of public and private prisons. The rise comes after a period of some years during which the rate of self-inflicted deaths has been relatively stable, at its lowest level in the last 25 years. In recent years, better treatment of prisoners with drug-use problems and the use of safer cells, with reduced ligature points, have contributed to the reduction in the number of self-inflicted deaths.

There has been recent comment about whether population pressures, organisational changes in prisons and reductions in the number of prison officers have contributed to the rise. However, the picture is not so straightforward, and there is no clear correlation between the existence of such pressures and prisons where self-inflicted deaths have occurred. Known factors appear in a number of deaths. For example, the early days of custody are known to be a period of higher risk. Self-inflicted deaths in custody occur most often in males aged 30 to 39, and most occur by hanging. However, overlaying these known factors are reasons for each self-inflicted death, which are as individual as the person involved. It is therefore essential to support prisoners as individuals—many of them have complex needs, as the right hon. Gentleman outlined in this case—by identifying whether they have particular risk factors, and if so, responding appropriately.

Prisons use the ACCT—assessment, care in custody and teamwork—system to keep prisoners safe. Individual ACCT plans should be opened and closed in line with the assessment of an individual’s risk of self-harm or suicide, and their needs. It is a dynamic process.

[Alan Johnson]

The Minister is a decent man, and I appreciate that he has come to the Chamber with a brief. It was kind of him to offer to write me a letter, but there is no need for that if he will give me a meeting. We need to discuss these matters in more detail. I have read all that stuff about wraparound care and all such really good stuff. We said the same thing in government, so this is not a party political point. Vince Morgan is a perfect example of how all of that means nothing when it comes to a vulnerable young man, whose parents were concerned but were ignored, and specifically when it comes to the decision not to let him go home at the end of his sentence.

I am sorry that this is a long intervention, Mr Deputy Speaker. The Minister says that Vince Morgan was told of that decision a few weeks before, but I now have absolute proof—from a letter sent to this mentally ill young man back in October—that he was told in his prison cell. All that puts a new complexion on the case, and I would be very grateful if the Minister met me to discuss it.

[Andrew Selous]

Of course I will meet the right hon. Gentleman. If he contacts my office after this debate, I will make arrangements for us to meet as soon as possible.

I want to respond to a point that the right hon. Gentleman made about Vince’s move to A wing. I think that the right hon. Gentleman referred to it as solitary confinement. Vince was moved to a single cell, but not to solitary confinement. He was deliberately placed near the wing office, and the move was for his own well-being. Prisoners on C wing had complained about Vince, so there were genuine concerns for his safety. It is important to put that on the record.

It is through such individual assessment that staff can be alive to the often overlapping and interconnected factors that may contribute to an individual’s distress, and which can on rare occasions lead to suicide. Those factors may include mental health needs, addressing any disabilities or disadvantages, or simply being sensitive to potential trigger or pressure points that they may experience during their time in custody.

As is well known, the prison population is not representative of the general population in a number of ways. The prevalence rates for personality disorder, psychosis, attention disorders, post-traumatic stress disorder and self-harm are notably higher than in the general population, as are problems with substance misuse and alcohol. Almost 50% of adult prisoners suffer from anxiety and/or depression, compared with 15% of the general population. Experts estimate that prisoners with a learning disability or difficulties may represent as much as 30% of the prison population.

Liaison and diversion services are a vital way in which the Government seek to ensure that when someone first comes into contact with the youth or adult criminal justice system on suspicion of having committed a crime, their health needs are identified, assessed and provided for by appropriate treatment services, and that the police and courts are enabled to make informed decisions about charging and sentencing.

We are investing £25 million in a trial scheme that will place mental health professionals in police stations and courts, and improve identification, assessment and referral services, so that access to health care and social care interventions are improved. That is not about individuals avoiding the appropriate sanction from the criminal justice system, but about tackling some of the underlying issues that can cause people to offend.

For some prisoners with severe mental illness, the most appropriate treatment setting will be a secure hospital. About 900 transfers are made from prisons to secure hospitals each year. However, not all serious mental illness needs to be treated in a secure hospital, and most serious mental illnesses are treatable within prison under the care of a consultant psychiatrist. Prisoners are considered for transfer to secure units only when a prison cannot provide appropriate treatment in the judgment of a responsible clinician. In such circumstances, good liaison between health care teams and other prison staff is essential to ensure that events and decisions that could affect a prisoner’s risk of self-harm or suicide are considered and are known by others.

The whole-person approach to individual case management continues into release planning. The most serious offenders are subject to multi-agency public protection arrangements, which ensure that relevant statutory partners and interested organisations are properly involved in pre-release planning.

I would like to say a few words about families, about which the right hon. Gentleman rightly spoke. We know the importance of family contact and support to prisoners. Phone calls and visits with family and friends make a huge contribution to prisoners’ well-being. Close family members who are on low incomes can apply for assistance towards visits. The support of families and friends is an important component in helping someone to avoid re-offending when they are released from prison. Wherever possible, families are involved in the decision-making process when a prisoner’s accommodation post-release is being considered by the MAPPA panel.

I know that Members will share my concern about every death that happens in prison custody. The prisons and probation ombudsman, to whom I spoke this afternoon, has conducted a lessons learned review of deaths in custody and will publish his report next month. I look forward to seeing the report and to reviewing the recommendations fully so that we learn every possible lesson from what he has to say.

We must remember that prison staff save lives, sometimes through swift intervention when a vulnerable prisoner is literally on the verge of taking his own life and sometimes—this is less easy to know about but is no less real—through the careful and caring management of some of the most vulnerable individuals in society, who have been placed in custody because of the harm they have caused to others in society. That, of course, is no consolation to the family of Mr Morgan, whose death no one was able to prevent.

I am grateful to the right hon. Gentleman for securing this debate, which has allowed us to consider the complexities of such cases. I may be new in post, but I share his determination to learn the lessons of this tragic incident and similar incidents of this nature so that we can reduce the number of self-inflicted deaths in custody as much as possible.

Question put and agreed to.

Oral Answers to Questions

Andrew Selous Excerpts

Tuesday 17th December 2013 Commons Chamber

[Damian Green]

I do agree; my right hon. Friend makes an extremely important and valid point. That is why we concluded after the simple cautions review that cautions should not be used for any offence that can be tried only in the Crown court. Indeed, going further than that, certain offences that can be tried either in the Crown court or in a magistrates court are also not suitable for cautions, including, in particular, possession of a knife.

[Andrew Selous (South West Bedfordshire) (Con)]

19. What steps he is taking to ensure that no prisoner leaves prison unable to read.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

When a literacy need is identified on arrival in prison, prisoners are offered teaching and support as a matter of priority. In 2014 we are introducing increased assessment for prisoners, including reading skills, to ensure that we maximise the benefits of the literacy support that is available.

[Andrew Selous]

The Secretary of State has spoken of his vision of custody as “education with detention”. If serious efforts are made in prison to deal with illiteracy, will probation officers absolutely ensure that that continues on release?

[Jeremy Wright]

I think my hon. Friend refers to a quote that is specifically about the youth estate, but he is absolutely right that education is just as important in the adult estate. Too many prisoners cannot read and write properly, which means that their chances of securing employment on release are much reduced. Under our reforms of rehabilitation, we will expect providers to ensure that someone is supported not only through the gate, but in the community for at least 12 months. One of the best ways of supporting them to stay free of crime is to make sure that they get employment, so I would absolutely expect them to be interested in literacy as well as many other things.

Oral Answers to Questions

Andrew Selous Excerpts

Tuesday 21st May 2013 Commons Chamber

[Chris Grayling]

We have already introduced changes that ban referral fees, and we are looking at other reforms that will tighten up the whole culture that exists around personal injury and similar claims. There is good work in parts of the legal profession in doing genuine work on behalf of genuine claims. However, there are too many question marks in the system. Now that we have made those changes, the challenge is for the insurance industry to bring down policy prices. If it does not do that, we will not hesitate to take action in the other direction.

[Andrew Selous (South West Bedfordshire) (Con)]

T10. I strongly back the Government’s plans to get prisoners to do a full day’s work, but how can we make sure that they do not undercut the jobs of other UK workers whose businesses have higher costs than businesses in prisons?

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

My hon. Friend is absolutely right; there is a balance to be struck in this respect. We want more prisoners to be working, but we also want to make sure that jobs outside prisons are not unfairly undercut. That is why, as he knows, we have a code of practice that we have recently strengthened to ensure that that does not happen and that, where we can, we bring work in from abroad to be done in our prisons or use work in prison to support contracts that provide work outside the prison gate.

Oral Answers to Questions

Andrew Selous Excerpts

Thursday 18th April 2013 Commons Chamber

[Alun Cairns (Vale of Glamorgan) (Con)]

2. What progress her Department has made in improving broadband availability throughout the UK.

[Andrew Selous (South West Bedfordshire) (Con)]

8. What progress she has made on broadband delivery.

[The Secretary of State for Culture, Media and Sport (Maria Miller)]

Two thirds of premises in the UK now have superfast broadband available. Some 100,000 more homes and businesses are getting coverage every week and average speeds have increased from 5.2 megabits in May 2010 to 12 megabits by November 2012.

[Maria Miller]

As my hon. Friend will know, the Government have committed to 2 megabits on a universal basis throughout the country. We also have a £20 million rural community broadband fund to do the sorts of things he mentions, including working with the Welsh Assembly to make sure broadband reaches rural areas. Importantly, we are also always looking at ways to remove barriers that are stopping that last mile, and I will continue to work with my hon. Friend and other colleagues on that.

[Andrew Selous]

On 9 February last year I asked the Secretary of State’s predecessor when broadband speeds would improve in villages including Hockliffe, Tilsworth, Stanbridge and Eggington in my constituency, where speeds continue to be about 1 megabit per minute, which makes watching video on the internet very difficult. Will I be able to pass on some good news to my constituents shortly?

[Maria Miller]

I understand my hon. Friend’s impatience, and the nine months’ delay we had in getting state aid approval for our broadband programme was certainly problematic. I am pleased to be able to tell him that the programme in his Bedfordshire constituency is green-rated and that we are due to begin its procurement in the week of 7 May, with the contract to be agreed in August. That is good news for his constituents.

Oral Answers to Questions

Andrew Selous Excerpts

Tuesday 19th March 2013 Commons Chamber

[Damian Green]

First, I thank the right hon. Gentleman for his kind remarks on Third Reading of the Crime and Courts Bill last night. The Bill gives judges explicit powers to defer sentencing to allow restorative justice to take place between a victim and an offender. The amendment provides that restorative justice practitioners must

“have regard to any guidance that is issued”

by the Secretary of State, with a view to “encouraging good practice” in the delivery of pre-sentence restorative justice. That is a significant step forward for restorative justice and I know that the right hon. Gentleman will welcome it.

[Andrew Selous (South West Bedfordshire) (Con)]

Will the Government aim to ensure that no prisoner leaves prison without being able to read and write as that would further reduce reoffending and give prisoners a chance of finding work when they leave?

[Jeremy Wright]

Yes, we will make every effort to ensure that prisoners learn to read and write if they cannot do so when they arrive. A good deal of the excellent work to achieve that is done by volunteers, mentors and charities. That foreshadows what we hope we can achieve with the wider transforming rehabilitation agenda. My hon. Friend is right to focus on this issue because literacy skills mean that somebody has a greater likelihood of getting and holding on to a job, which helps to reduce reoffending.

Policing

Andrew Selous Excerpts

Wednesday 24th October 2012 Commons Chamber

[Andrew Selous (South West Bedfordshire) (Con)]

It is a pleasure to follow the hon. Member for Kingston upon Hull East (Karl Turner). I start by paying tribute to our brave police officers and staff up and down the country for the work they do, and particularly the work of Bedfordshire police. I will read briefly from a letter published recently in the Dunstable Gazette describing just one example of what our police officers do day in, day out:

“My elderly parents…were the unfortunate victims of a burglary at their home in Dunstable on July 5. I live in Norfolk, some 130 miles away, so was unable to get to their home for several hours. During that time they were visited by two officers from Dunstable Police Station who not only took control of the situation by reassuring my parents and contacting me, but also called the paramedics as they were concerned that my mother was going into shock. By the time I arrived they had cleaned up as best they could, removed the broken glass and mud from the kitchen, made them tea and tidied the bedrooms. They did not leave until the premises were secure and someone was with my parents. I must say thank you for the professional and compassionate approach taken by these officers. In these difficult times it is good to know that there are people like them who are prepared to do that bit extra.”

Is not it fantastic that we have police officers up and down the country who will go to those lengths to look after our constituents?

We have a goods news story in Bedfordshire: crime has fallen by 10% in the year to June 2012, according to the independent Office for National Statistics. That is better than the 6% fall nationally, better than nearby Essex and better than neighbouring Cambridgeshire. Bedfordshire police have done extremely well, and they have had to do that with a reduction in their grant funding. There has been a 5.6% fall in the money the police authority receives, although there was a slight increase in the money it got from the council tax precept.

The Government have to save money because the previous Government continued to spend money we did not have year after year. Despite that, we are increasing money for the health service, honouring our obligations to the poorest of the poor and maintaining cash to schools. We have to save money in other circumstances to ensure that this country does not return to the financial mess we are rescuing it from.

On budgeting, I ask the Minister to look again at damping, which has already been mentioned. Bedfordshire police suffer from the use of damping as an accounting policy within the Home Office. I ask my hon. Friend the Minister to go back to the Home Office and request that this issue be reconsidered, because at the moment it is not fair.

Our excellent new chief constable in Bedfordshire, Alf Hitchcock, has, in effect, managed to add 92 officers to those involved in neighbourhood policing work by rearranging the shift patterns. Many officers used to work from 8 am to 4 pm, but that is not when the burglars and criminals were generally out and about, so he reordered the shifts to make sure that more officers were out on the streets during evenings and weekends. In addition, the Home Office’s scrapping of form filling has saved the police 4.5 million hours of police time, which is equivalent to 2,100 extra police officers being out on the streets.

Bedfordshire police went even further when they introduced a novel police station exclusion zone policy, led by excellent officers such as Inspector Frank Donnelly. This meant that any officer found in a police station, particularly during the winter evenings when most burglaries take place, would be challenged by a senior officer as to why he or she was there and not out on the streets. Such policies show that it is possible to reduce crime even with a reduced budget caused by having to deal with the deficit left to us by the previous Government—and all credit to Bedfordshire police for showing the way.

Police stations are very important and we do need them, particularly in Leighton Buzzard and Dunstable; I have been clear with the chief constable about that. I am not wedded to any particular building, and I leave to the police the decisions as to which are the most appropriate for them to use. I also pay tribute to Bedfordshire police’s pioneering use of technology. They were one of the first forces to make sure that all their officers had BlackBerrys so that they are kept out on the streets on patrol where we need them.

I pay tribute to those who have in the past served as members of police authorities up and down the country. In Bedfordshire, Peter Conniff has done an excellent job as the chair of the authority, as have long-standing members such as Councillor Peter Hollick, one of my constituents. They have done a good job. However, the election of a police and crime commissioner means that that individual will have a mandate from the people and will be accountable back to the people. That will sharpen up the oversight role of the police, and that is important. In Bedfordshire we have a candidate, Jas Parmar, who is a former police officer. He has the necessary experience and credibility with the police because he will not ask them to do anything that he has not done himself.

It is incredibly important to look forward to the work of the College of Policing as from 1 December. That will lead to improved evidence-based outcomes, it will improve cost-effectiveness, further improve police professionalism, and it will enable the new commissioners to use the work of the college to audit police practice. This is an excellent innovation that has not yet been focused on sufficiently. In tandem with the police and crime commissioners, it will greatly help policing in our country.