Prisoners: Parental Rights

Imran Hussain Excerpts

Wednesday 13th December 2017 Westminster Hall

[Imran Hussain (Bradford East) (Lab)]

I thank my hon. Friend the Member for Swansea East (Carolyn Harris) for securing this important debate. I know she has a keen interest in it through her work. Sometimes the importance of this subject is lost because it does not get as much coverage as it should, so I am pleased that we are debating it today.

My hon. Friend made a powerful and passionate case that the paramount issue must always be the safeguarding of children. She is absolutely right, and the horrendous case she referred to shows that those considerations must come first, along with where children are abused and the element of domestic violence. She is right that some of those safeguards are not in place as they should be in the system. Without repeating what she said, I look forward to the Minister’s response to some of the important questions she asked, particularly on the safeguarding of children.

I am grateful to other hon. Members who made speeches about the broader debate, which I would like to concentrate on. In particular, references were made to the Farmer review. These issues date back to the early 1990s, when we had the Woolf report after the disturbances in Strangeways. Both those reports, and many other recommendations, have proved not only that parents have a right to see their children and that prisoners have a right to see their families, but that there are massive benefits. I will concentrate my remarks on some of the obstacles that children face during visitation, and the impact on both parents and children.

My first point was alluded to earlier by my hon. Friend the Member for Bristol East (Kerry McCarthy)—parents are not recorded in the current system. In 2009, the Ministry of Justice estimated that 200,000 children had a parent in prison. That is an estimate—there is no accurate figure, because the Government do not record which prisoners are parents. What we know is that female prisoners are more affected because they are more likely to be sole parents. Without records, there is no capability to give children better visitation access to parents, no capability to treat children better and no capability to improve parental rights. Indeed, there is no capability to deal with some of the safeguarding issues to which my hon. Friend the Member for Swansea East referred.

Hon. Members have mentioned the cost and distance involved in visiting. Across England and Wales, many prisoners are imprisoned far from home, which means expensive journeys and long travelling distances. The Government’s new prison building plan and the super-sized prisons that they seem set on will make that challenge worse not better, because reducing the number of prison locations will force many families to journey even further. Children face even greater difficulty visiting their mothers. They are often located much further away owing to the lower number of female prisons. Children living in Wales whose mothers are in prison have to leave the country to visit them. It is disappointing that the Ministry of Justice has brushed over that in its building plans by not addressing the lack of female prisons in Wales.

Cost and distance are not the only challenges. Once families have overcome them, children and carers have to deal with prison rules and the prison environment. As has been pointed out, visiting times mean that, even if a prison is close to a child’s home, it is necessary to take them out of school, which many parents may be reluctant to do on a frequent basis, thereby limiting the child’s time with the parent in prison. While inside prison, children are subject to searches and an unwelcoming environment that can put them off. It does not get any better when a child is with their parent because the rules prevent meaningful social interactions between them.

The biggest impact for parents is on reoffending rates—the odds of reoffending are 39% lower for prisoners who receive family visits than for those who do not. The recent Farmer review was very clear that better interaction between offenders and their families improves reoffending rates and rehabilitation. If an offender does not see their family, they will often lose them. Once they have lost their family, there is often little left for them to lose by reoffending—they will have missed out on their child’s key development and defining moments, and on memories. A parent who has a stake in their child’s life can endeavour to serve as a positive role model and can turn their own life around.

A lack of access to children has been shown to have an impact on prison disturbances. As I stated earlier, that was found as far back as the Woolf report in the 1990s.

The impact is particularly strong for female offenders, the majority of whom commit non-violent offences and crimes of poverty that often warrant better support rather than imprisonment. One in three female prisoners are mothers of children under 18, and one in five are lone parents who face their children being taken away from them following their imprisonment.

Some 70% of female prisoners are serving sentences of less than six months, but that is all that is needed for them to lose their job, their home and their children, not just for those six months but forever. Without a secure job or home after release, they face an uphill struggle to get their children back from care, so it makes sense for parents in prison to have better parental rights and better contact with their children. Surely our desire to rehabilitate an offender and to help them turn their life around for the better, and to give a child a parent they can look up to, is greater than our desire to punish them and therefore to punish an innocent child in the process.

My hon. Friend the Member for Bristol East is absolutely right that this has to be looked at in a broader context, with the rights of children having absolutely equal value. Having a parent in prison means that a child is three times more likely to turn to crime themselves—65% of boys with a convicted father go on to offend themselves. Having a parent in prison means that a child is much more likely to be uprooted from their home, with just one in 20 staying in their own home while one in 10 go into care, or are fostered or adopted. Having a parent in prison means that a child’s development is much more likely to be hampered, with additional pressure piled upon them such as disorientation from moving and stigmas that result in bullying.

All of that means that those children do less well at school than their peers. However, the impact is much deeper, because lack of parental rights mean that a child’s mum or dad has been ripped out of their life for what seems to the child like an eternity. Proper parental rights and visitation mean that the whole experience will not be as daunting for a child, and that the adverse impacts are not as great.

The Government must address a number of issues. First, they must address safeguarding measures and the questions raised by my hon. Friend the Member for Swansea East. Secondly, they have to record whether offenders have children, to better understand the impact of imprisonment and cater for their children. With that information, the Government have to look seriously at the merits of Barnardo’s recommendation of allowing children better access to their parents.

Thirdly, the Government must look seriously at the sentencing of mothers, who are disproportionately affected. There is a debate to be had on whether some women would be better served by smaller, more local women’s centres. Finally, they need to take another look at their prison building programme, because there is a question over whether super-sized prisons are the answer to everything.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 5th December 2017 Commons Chamber

[Mr Gyimah]

My hon. Friend is pre-empting our employment strategy, which we will announce very soon. He will be aware of the New Futures Network, which the Justice Secretary announced at party conference. This will bring together employers and ex-offenders to help to create employment on release. The construction sector is a key sector and he will be hearing more from us in due course.

[Imran Hussain (Bradford East) (Lab)]

A 2015 Ministry of Justice study found that community orders have a substantially lower rate of reoffending than short prison sentences. What is the Minister doing to reverse the sharp fall in community sentences that has taken place under his Government?

[Mr Gyimah]

Of course we want to reduce reoffending. The presumption in this country is against prison. It is up to the judiciary to sentence how they see fit. We want to make sure that there are appropriate interventions in the community and we are looking at that.

Prisons (Interference with Wireless Telegraphy) Bill

Imran Hussain Excerpts

2nd reading: House of Commons
Friday 1st December 2017 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I congratulate the hon. Member for Lewes (Maria Caulfield) on bringing this sensible and important private Member’s Bill to the House today. She set out very eloquently and persuasively a strong case for the need for the Bill. In particular, she highlighted the fact that it extends powers in the 2012 Act, and is very necessary. There was no need to go to the trouble of placing a mobile phone in the Chamber; Labour Members readily support and agree with the Bill.

I do not really disagree with anything that Government Members have said. All hon. Members have made very persuasive arguments for and cases in support of the Bill. A key thing that was mentioned several times is that in recent years the number of illegal mobile phones confiscated has rocketed, with 7,000 confiscations in 2013 rising to 13,000 in 2016. That makes it clear that further action does need to be taken to curb their use. Those behind bars are not just using phones to call friends and family; they are using them for a range of criminal purposes, from arranging criminal activities on the outside to arranging contraband to be smuggled in.

While we support the Bill, the wider intention to cut down smuggling and contraband and the Bill’s role in broader prison reform are also important. Although restricting the operation of phones may reduce their use and complicate smuggling, that alone will not stop it. This is not a silver bullet. The Bill will not stop the demand for contraband, as there will always be a demand for banned items, specifically drugs and new psychoactive substances, which are among the most dangerous of the items smuggled into prisons that we must crack down on. Indeed, the demand for NPS has risen dramatically, just as their dangers have increased, with a serious impact on offenders’ mental health and rates of violence and even deaths in prison.

The Bill will not stop that, despite its good intentions, because there are technical challenges in achieving 100% success in blocking mobile phones. Indeed, phones are just part of the wider problem that makes substance smuggling in prisons possible. Many factors make it easier, such as the decreased number of prison officers. The number of band 2 to 4 officers fell from 31,000 in 2010 to 22,000 in 2017, substantially reducing the ability of prisons to restrict the flow of contraband. Without prison officers, we cannot hope to stem the flow of contraband, because we will not have staff on the balconies and the wings, inspecting incoming and outgoing packages and even getting to know prisoners to effectively gather intelligence.

The Government supported the 2012 Act as a means to tackle substance misuse in prison, but they failed to back it up with other measures to tackle contraband, such as ensuring that we have a fully staffed and trained prison officer workforce. Instead, they are choosing to make the prison officers’ jobs even harder, leaving them overworked and underpaid. Blocking mobile phones is just one strand of the efforts to tackle contraband, but it requires other approaches, too. The Government should remember that if the Bill moves forward. This Bill should be just one part of prison reform, not all of it.

As other hon. Members have pointed out, the Bill originally appeared as clause 21 of the Prisons and Courts Bill, but that Bill was dropped at the election and the prison aspects were not taken up in the courts Bill. It is worrying that the Government now have to rely on private Members’ Bills to legislate for such important reforms. That calls into serious doubt the Government’s ability to progress with other much needed reforms. We are concerned that efforts to improve prisons will rely on handout Bills and Back Benchers’ good will.

To sum up, there is a wider substance misuse and smuggling problem in our prison estate, which is having a damaging effect on prison safety. We support the Bill and the powers to tackle the use of mobile phones and the supply of contraband to prisons. The wider intentions of the Bill are to restrict the use of phones to arrange criminal activities and organised contraband smuggling, but it will not solve the contraband problem. Instead, the Government have to get their act together and commit to real changes and real reform.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 31st October 2017 Commons Chamber

[Mr Gyimah]

Obviously, I take a keen interest in the hon. Gentleman’s local prison, where the staff complement is exactly as it should be. It is one of the 10 pathfinder prisons in which we are implementing the new offender management model. I discussed the staffing situation there with the new national chair of the Prison Officers Association, and he commended the fact that staff numbers there are at full strength, but that does not mean that there is not more to do across the estate. We are halfway to our target of 2,500, and I am confident that we will achieve that.

[Imran Hussain (Bradford East) (Lab)]

The chief executive of the Prison Service has stated that, because of overcrowding, the Government will not be able to proceed with planned closures, throwing the financing of their prison building plan into disarray. In the light of concerns that the Ministry of Justice will not be able to build new prisons without selling off the old—the model on which its building plan was based—will the Minister today guarantee that no new prison places will be built from private funds?

[Mr Gyimah]

The hon. Gentleman seems to have forgotten that we have a duty to house those who are sentenced by the courts. The prison population in England and Wales is 86,000; we have a duty to provide accommodation for them to serve their sentence in. We still have a commitment to investing £1.3 billion in the prison estate to create 10,000 additional prison places during this Parliament.

Women Released from Prison

Imran Hussain Excerpts

Wednesday 18th October 2017 Westminster Hall

[Imran Hussain (Bradford East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I thank my hon. Friend the Member for Ogmore (Chris Elmore) for securing this very important debate. I understand that time is short, so I will get straight to the point.

After release, six out of 10 women have no home to return to, nine out of 10 women have no job, and one in two women sentenced to less than 12 months reoffends within a year. That is an appalling record, but, looking at the Government’s policies and decisions, it is clear why women released from prison are let down so badly.

The clearest of the policies affecting women after release is the privatisation of the probation system and the formation of community rehabilitation companies. CRCs have not simplified the provision of services and have done nothing more than reduce the effectiveness of the probation system in preventing reoffending. That has led them to be criticised, rightly, across the political spectrum, including by the Justice Secretary, as not fit for purpose.

The impact of CRCs is specifically felt by female offenders as probation has lost the vital one-to-one support that the Women in Prison campaign sees as crucial to reducing reoffending and securing better services and employment. Instead, the focus is on cheaper group work, which simply fails to provide the same benefits and leaves women without the tailored support that they need. However, rather than address the concerns raised about CRCs, the Government are rewarding failure by awarding them a further £277 million in funding. The decision to privatise probation has also meant an end to the ring-fenced funding for women offenders who leave prison, leaving provision dependent on local commissioning arrangements and creating a postcode lottery of post-release support.

Women are also being let down by the penal system before release, with a shameful lack of support in prisons, which makes it no easier to find homes or employment on the outside. Between prisons, there is significant variation in the quality of training courses, with many failing to offer wide-ranging vocational courses, and many that do nothing to overcome gender stereotypes. Many do not provide enough IT-related courses to teach skills that are vital to obtain employment in the 21st-century marketplace. That provision may be bad, but 70% of women in prison—those serving less than six months—have little to no access to courses at all, leaving them without enough support to find secure employment.

Although recent changes have led to all women’s prisons being labelled as resettlement prisons, progress on shifting the focus is slow and there is no overarching system to help offenders into employment. The housing support provided to offenders after release also varies dramatically between prisons. Although some women may have somewhere to go, the rules surrounding housing, the lack of provision and the absence of joined-up services mean that some do not. Some women may try to get into approved premises, but they are only available for specific offenders and are limited in number. Others may try to secure council housing, but there are shortages and specific criteria. More may attempt to find accommodation in the private rented sector, which is unaffordable, with landlords often unwilling to rent to ex-offenders. More worryingly, women who have suffered domestic or sexual violence may return to their abusive partners. The lack of support for housing is putting those women in grave danger.

What runs through the heart of the rules is a failure to take on board the Select Committee on Justice’s acceptance that women face very different hurdles from men. The Government are doing nothing to provide a distinct approach to the specific needs of female offenders, and are instead continuing with badly managed programmes that are often not fit for purpose in the first place, let alone fit to meet specific needs.

The Government say that they will produce a long-overdue strategy for female offenders. It must be specifically tailored to women’s needs, and not just be a rehash of existing policies with a female spin. It has to look seriously at whether prison is the right place for some women. The many cases in which women reoffend because of the appalling lack of support do not serve the best interests of women or of society.

I want to hear from the Minister what he is doing to ensure that women have access to a greater range of employment courses and that those serving short sentences have access to them, so that they can get a job; what he is doing with colleagues to overturn some of the ridiculous housing rules and biases against female offenders, so that after release they will have a roof over their head; why the follow-up report to the Corston report has been so damning; and what the Government are doing to fully implement the report’s recommendations to prevent women from reoffending. When will the Minister or his colleagues publish their strategy for female offenders? Crucially, what will that strategy entail? Can he assure me that it will look seriously at the range of sentencing options available for female offenders?

Proposed Prison: Port Talbot

Imran Hussain Excerpts

Tuesday 12th September 2017 Westminster Hall

[Mr Gyimah]

Infrastructure is not just motorway access but the local infrastructure of the area. For a category C prison, which would effectively be a resettlement prison, ease of access to employment is important, so that prisoners can be released on temporary licence and come back easily. It is also important that local people can work in the prison without having to commute long distances, not to mention ease of access for prisoners’ families to visit them. All those things are taken into account when we look at local infrastructure.

[Imran Hussain (Bradford East) (Lab)]

Will the Minister give way?

[Mr Graham Brady (in the Chair)]

Order. I should make it clear that the rules of procedure do not allow for Opposition spokespeople to participate in half-hour debates—they are exactly the same as the rules that apply to Adjournment debates in the main Chamber.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 5th September 2017 Commons Chamber

[Mr Gyimah]

My hon. Friend is right. About 50% of prisoners have the reading age and numeracy skills of an 11-year-old. If we are to give them a chance in life, we need to sort out education, but we also need to give them employment skills that are valued in the workplace. That is why prison reform, which is at the heart of the White Paper that the Government published last November, is carrying on at pace.

[Imran Hussain (Bradford East) (Lab)]

The chief inspectors of prisons and of probation recently issued a devastating report on the Government’s flagship community rehabilitation companies, which stated:

“None of the prisoners had been helped into employment by through-the-gate services”.

Will the Minister commit to an urgent review of the role of CRCs, including their delivery of education and employment services, and will he guarantee that no extra money will be passed on to those private companies until they can be proven to be fit for purpose?

[Mr Gyimah]

The probation reforms that the previous Conservative Government rolled out mean that 45,000 offenders who previously would not have been supervised, because they had been in prison for less than 12 months, are now being supervised. The hon. Gentleman is right that there are challenges with what is a first-generation outsourcing programme. We have an ongoing probation review and extra funds have been invested in the CRCs, but we are still within the funding envelope that was decided at the start of the programme. We are carrying out the review to make sure that through-the-gate and other services operate as was envisaged in the original vision.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 25th April 2017 Commons Chamber

[Elizabeth Truss]

First, I echo my hon. Friend in paying tribute to the right hon. Member for Slough (Fiona Mactaggart) for her work on modern slavery. I also pay tribute to our Prime Minister, who has made huge strides in putting people away for these heinous crimes. We are doing more, and I am working closely with the Home Secretary to make sure that we crack down on this further.

[Imran Hussain (Bradford East) (Lab)]

In correspondence with the Criminal Cases Review Commission over recent months, I have repeatedly asked it to release and review crucial evidence that is vital to the case of one of my constituents. However, the CCRC has been less than helpful. As the deadline for the evidence to be deleted approaches, my constituent’s chances of justice could be killed for good. Will the Minister step in to ensure that the crucial evidence is released and reviewed so that justice can be done?

[Sir Oliver Heald]

If the hon. Gentleman writes to me, I will certainly look at that.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 6th December 2016 Commons Chamber

[Elizabeth Truss]

I absolutely agree with my hon. Friend. We can be incredibly proud of our independent judiciary, which is the cornerstone of the rule of law and supports our commerce and trade, and we also have a robust free press, which is vital to ensuring a free society.

[Imran Hussain (Bradford East) (Lab)]

T3. As has been stated, last June the Government commenced their review of the future of employment tribunal fees. As of yet, we have not seen any results. Will the Minister give me a firm date for the review’s completion and publication? Is it not time the Government abandoned these unfair fees, which cut across the rights of working people?

[The Minister for Courts and Justice (Sir Oliver Heald)]

There is a difference: Government Members think it only fair that those who can afford to should make a contribution to a service that costs hard-working taxpayers £66 million a year. We are reviewing the situation—we are doing a careful job, because this is an important issue—and we will publish the outcome in due course.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 26th April 2016 Commons Chamber

[Jeff Smith (Manchester, Withington) (Lab)]

1. What assessment he has made of the adequacy of provision for people with mental health issues in the criminal justice system.

[Imran Hussain (Bradford East) (Lab)]

10. What assessment he has made of the adequacy of provision for people with mental health issues in the criminal justice system.

[Jess Phillips (Birmingham, Yardley) (Lab)]

14. What assessment he has made of the adequacy of provision for people with mental health issues in the criminal justice system.

--- Later in debate ---

[Caroline Dinenage]

We have developed liaison and diversion services in partnership with other Departments to divert some offenders away from the criminal justice system and into the support they need. Through that system, clinicians assess those with mental health needs and refer them to the treatment they need—ideally, that happens at the earliest contact with the criminal justice system. The liaison and diversion system is working well, and it is very much a joint government programme. I would like to see it rolled out as early as is convenient, and we will certainly keep the hon. Gentleman updated.

[Imran Hussain]

The mental health charity Mind has said that people with mental health problems are sometimes unable to advocate for themselves, so cuts to legal aid will undoubtedly have impacted on their ability to access justice. Should the Government not rethink their refusal to conduct a full post-implementation review of the damaging effects their harsh legal aid cuts are having on some of the most vulnerable?

[Caroline Dinenage]

The hon. Gentleman will know that we are spending £1.6 billion, so this is one of the most generous legal aid systems in the world. However, he is absolutely right that vulnerable people should be supported at every point in the criminal justice system. That is why the judiciary are trained to be able to assist those people, and the changes to the court system will support that.