Transpeople (Prisons)

Cat Smith Excerpts

Friday 20th November 2015 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on trans prisoners.

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

I begin by offering my sincere condolences to the family and friends of Vicky Thompson. Her death, like all others in custody, is a tragedy, and we are totally committed to reducing the number of deaths in prison. Each one is investigated by the independent prisons and probation ombudsman and is the subject of a coroner’s inquest. We believe that Vicky Thompson was being looked after in accordance with the relevant procedures, but that is now a matter for the ombudsman and coroner. While their investigations are ongoing, it would be wholly inappropriate for me to comment on the circumstances of her death.

I would also like to mark the fact that today, 20 November, is designated as transgender day of remembrance and to reflect on the violence still suffered by members of the trans community.

On the specific issue of transpeople in prison, prison service instruction 7/2011 sets out the National Offender Management Service’s policy on the care and management of prisoners who live, or propose to live, in the gender other than the one assigned at birth. Prisoners are normally placed according to their legally recognised gender, which means either the gender on their birth certificate or the gender on their gender recognition certificate. However, the guidelines allow some room for discretion, and senior prison staff will review the circumstances of every case in consultation with medical and other experts in order to protect the physical and emotional wellbeing of the person concerned, along with the safety and wellbeing of other prisoners.

While the most appropriate long-term location for a transgender prisoner will be considered in accordance with the procedures outlined above, the usual practice is for them to be held in a supportive environment, away from the main regime of the prison and protected from risk of harm by other prisoners. The risk-assessed daily regime will be structured to give the prisoner exercise and recreation and some measure of planned, supervised contact with other trusted prisoners. Where relevant, clothing and toiletries are provided to enable the prisoner to present in their acquired gender, consistent with the arrangements set out in the prison instruction.

More generally, prisoners who are transitioning are entitled to live in the gender they seek to acquire. Prisons must produce a management care plan outlining how the individual will be managed safely and decently within the prison environment, with oversight from psychologists, healthcare professionals and prison staff. A review of the current policy began earlier this year, and revised policy guidance will be issued to reflect NOMS’ responsibilities to transgender offenders in the community, as well as in custody. The intention is to implement the guidance in due course.

The management and care of transpeople in prison is a complex issue, and the review is using the expertise developed by NOMS practitioners, as well as engaging with relevant stakeholders, including those from the trans community, to ensure that we provide prison staff with the best possible guidance. The Government are committed to tackling all forms of discrimination and the underlying cultural attitudes that underpin inequality, so that everyone, regardless of gender, race or background, is given the opportunity they deserve.

I can also announce to the House that Kate Lampard has been appointed interim chair of the independent advisory panel on deaths in custody. She is a former barrister previously appointed by the Secretary of State for Health to provide independent oversight of the NHS investigation into Jimmy Savile and by Serco to lead the Yarl’s Wood investigation.

[Cat Smith]

Thank you, Mr Speaker, for granting the urgent question, on this, trans memorial day, which, as I am sure you know, given your interest in the matter, is when we remember all those who have lost their lives because of prejudice and persecution of the trans community, on which issue the shadow Women and Equality team is working closely with the shadow Justice team. I am grateful for their support. It is unfortunate that the Secretary of State could not be here, but I would like to thank the Minister for the tone of his response. On behalf of the Labour party, I want to put on the record our sincere condolences to the family, boyfriend and friends of Vicky Thompson, who died on 13 November in HMP Leeds.

On 3 November, I raised on the Floor of the House the issue of Tara Hudson, a young trans woman placed in a men’s prison. It is a tragedy that, within three weeks of that date, we are once again discussing the issue of trans prisoners.

Statistics released last month by the Ministry of Justice show that 186 people took their own lives in prisons in England and Wales in the 12 months to the end of September 2015. That equates to one prisoner taking their own life every four days. Will the Minister confirm that tackling the issue of suicides in prisons is a serious priority for his Department? With the number of prisoners who have died in prison having risen to the highest level for a decade, it must be right for the Government to take action and assess what steps should be taken to address the problem.

The safety in custody statistical bulletin also revealed that the number of self-injury incidents reported in prisons in England and Wales rose by 21% in the 12 months to the end of June 2015. At a time when the prison population is increasing with overcrowding in cells on the rise, and the number of individuals coming forward for gender reassignment surgery is also increasing, placement of transgender prisoners on the prison estate is likely only to increase. The Minister has already touched on the issue, but will he confirm whether the National Offender Management Service will begin to record the number of transpeople who are in custody in prisons, and will he commit himself to making those figures public?

Earlier this week, the Justice Secretary confirmed in a letter to the Justice Select Committee that he had nominated a preferred candidate for the role of Her Majesty’s chief inspector of prisons. Will the Minister confirm that whoever is ultimately appointed will make tackling the rise in prison suicides a top priority? Will he agree to meet the Opposition Front-Bench team and leading trans awareness organisations to discuss the issue?

Prison understaffing is a serious problem. Will the Minister confirm that the spending review will not lead to more cuts from the MOJ staffing budget and that adequate transgender and equality training will be offered to all MOJ staff who need it? I welcome the fact that the Minister has confirmed that his Department is reviewing these matters, but will he go further and publish the terms of the review so that the House and the public can be reassured that the issue is being assessed with the seriousness that it deserves?

Finally, does the Minister believe that the policy guidelines on placing transgender prisoners in the estate are adequate? If so, does he think that the guidelines are being applied consistently and appropriately?

[Andrew Selous]

I shall do my best to respond to all the points that the shadow Minister has raised. I must correct one figure: she said that there were 186 suicides, but that figure is likely to include natural-cause deaths as well. She will know that we have an increasingly elderly population in prison, which accounts for part of that rise. Of course, even one self-inflicted death in prison is one too many. I want to assure her and the House of the seriousness with which the Secretary of State, I, and the whole of NOMS take the issue.

Let me repeat that we are currently reviewing prison service instruction 7/2011. I hope that the hon. Lady will be reassured by the fact that members of the trans community are involved in the process. I stress that rehabilitation is at the heart of what we do in prisons, so it is hugely in our interest to have every prisoner in an environment where they have the best chance to rehabilitate. We need to be mindful of the safety of trans prisoners, and of all prisoners, and of our wider legal obligations. I repeat that rehabilitation is at the heart of everything we are trying to do within our prisons.

The hon. Lady mentioned overcrowding and prison officer numbers. Our sustained recruitment campaign for prison officers is bearing fruit in a significant net increase in prison officers, as I told the House at the last Justice questions. We continue to recruit prison officers, which will make it easier to deal with a number of the issues that the hon. Lady raised.

The hon. Lady asked if she could come and see me. My door is always open to Members, and I would be more than happy to meet her on this issue. I repeat that decency for everyone we have care of in custody is at the heart of what NOMS does. I recently visited Leeds prison, where the tragic event took place. I have every confidence in the governor, Steve Robson, of whom we can all be proud. He is a decent, humane man, who I am sure will have tried very hard to do the right thing.

On self-inflicted deaths in prisons generally, we are taking a number of actions because of the seriousness with which we take the issue. We are reviewing the assessment, care in custody and teamwork process, and we hope to implement improvements to it early in the new year. We have put additional resource into our safer custody work, which deals with these issues, and we have held a number of national learning days, run jointly with the Samaritans, who are expert in this area, and I attended one of those days myself.