Prisons and Courts Bill (First sitting) Debate

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Department: Ministry of Justice
Sam Gyimah Portrait Mr Gyimah
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Q I guess the question I was driving at is, if you were able to get to the situation where you had the 1:6, could you improve safety? You are saying that, yes, that could help improve safety.

In terms of the other point that you made about remuneration, of course I agree that remuneration is important in this context. Do you see that what the Ministry of Justice is doing about additional allowances—there are obviously ongoing negotiations with the POA on pay and so on—could also help with recruitment and retention?

Joe Simpson: Yes. If we get the right deal, yes, of course that will always help. I hope we do.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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Q Thank you very much for coming to the session. Good morning. Can I ask you about what measures are not in the Bill? I want to explore that with you. In the nine months since this Bill was promised, we have seen major riots in prisons, an increase in violence and a continued fall in staff numbers. Do you think this Bill in any way addresses those issues?

Joe Simpson: In the long term, it will; in the short term, no, because we are not seeing any difference. To get the 2,500 prison officers in post, you are going to have to recruit 8,000. As quickly as the Prison Service is bringing them in, they are leaving. It is not just new starters—you are losing experienced staff as well. They no longer want to work for the Prison Service because of the violence, because of what is happening in our prisons and because of the lack of support.

Yasmin Qureshi Portrait Yasmin Qureshi
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Q Does anybody else want to add any comments?

Rachel O'Brien: For a long time, there has been a discussion about steady state being needed before you can look at rehabilitation seriously. My view is that you have to do both. I think the Bill does not say that much, but what it does say is potentially profound. I agree that it is not just about recruiting people and remuneration. It is about saying, “What kind of people do we need now in this new world?” The duty implies significant differences, and I think there is a race going on between trying to get to that point of steady state and looking at the longer-term picture. I agree with much of what is in the Bill.

Yasmin Qureshi Portrait Yasmin Qureshi
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Q Mr Lomas?

Martin Lomas: The Bill addresses a number of operational matters—certainly relating to telephones and drugs—that we think are very important, but its main emphasis is on the purpose of imprisonment and scrutiny, so obviously that will be a medium to long-term improvement. We welcome that. Some of the issues you raised are about practical management and operational matters, which can be dealt with under current arrangements and structures.

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Sam Gyimah Portrait Mr Gyimah
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I have met a number of our new recruits at Newbold Revel. I think they are going into it with their eyes wide open and a lot of them are proud to be working in a uniformed service with the opportunity to turn lives around. In terms of retention, I think it is down to everyone in the Prison Service to make sure that new recruits settle in well—the governor, prison officers on the wing—so that they can actually contribute productively.

Yasmin Qureshi Portrait Yasmin Qureshi
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Q Ms O’Brien, you have said that to have proper rehabilitation we need to return frontline staffing to 2010 levels.

Rachel O'Brien: We have not done that. I welcome the measures that have been taken, but we have not done that and I do not think for one minute that we do not have an existing staff problem. Even with what we have, it is going to take a long time for those people to come through. I have also met fantastic new officers who want to make a difference and are struggling to do so. One thing we have to bear in mind is that the new way of working means stopping doing some other stuff, and that is going to take time to flow through.

I also think, though, that there is a deeper need to look at the workforce capabilities. For example, we know that mental health is a major issue within prisons, and most officers do not feel prepared to give that kind of support; I am not talking about detailed intervention but just being aware of the key issues that they are going to face, day in and day out. The race is between really thinking about what that workforce looks like at a time when most people turn on the telly and see things that may not encourage them to join the service. I have met some fantastic people; the key is to keep them, to develop them and allow them to progress.

Michael Tomlinson Portrait Michael Tomlinson (Mid Dorset and North Poole) (Con)
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Q I do not think I have anything to declare, but for the avoidance of doubt I am a former practising barrister—non-practising at the moment. Joe Simpson, what are your views on the further professionalisation of the Prison Service in general, and then, specifically, what are your views on the new graduate scheme, the Unlocked scheme, that I think is starting this September?

Joe Simpson: I joined the Prison Service in 1987 and I have seen a lot of different things happen within the prison system, such as social work in prisons. We have seen the fast-track scheme before; it has taken prison officers right up to governor level—in fact, right up to second in command of the Prison Service. They are all well and good, but to make prisons safe we have to give prison officers more training than they are being given—mental health training, more suicide awareness, and more intervention with prisoners. Most of all, we need prison officers on the landing for what we call “dynamic security”—that is, they can see us and we can see them. We can keep an eye on them and keep them safe. When they can see us, they feel safe.

So we welcome the professionalisation of the prison officer and we are ready to talk to whoever wants to talk to us about professionalisation of our members and all prison staff. Yes, the graduate scheme will take people from the shop floor into higher management, if they want to go there; sometimes, though, in my experience, some of our managers forget where they have come from and what it is like to work on the shop floor. But we welcome anything that will professionalise our prison staff in making prisons safe.

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Matt Warman Portrait Matt Warman
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So the more targeted the technology—that is what the Bill more quickly allows for—the better, ultimately?

Yasmin Qureshi Portrait Yasmin Qureshi
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Q Whether we are talking about mobile phones, psychoactive drugs, mental health or education, the truth is that you do not have sufficient trained people in the Prison Service, or in the round, to deal with these problems. Unless and until those properly qualified and trained people are there, none of these problems will go away. It does not matter how much legislation we have about phones or drugs or whatever; unless there are people there to deal with it, nothing is really going to shift, is it?

Rachel O'Brien: That is a problematic position, and in a way I think that is where we have been stuck for years. We cannot do this stuff—we all agree with this rehabilitative outcome—until we have that. I agree, and I would love to see more staff investment, but a lot of it is also about culture and leadership. We have talked about rehabilitation, but we have a prison system that is still, in lots of ways, very command-and-control, and of the old military model. In terms of culture and hope, prison officers and prisoners are like us: they have ambition, purpose and activity. That is what is missing. Yes, we need more staff, and we need to use them and the external agencies more wisely, but the key is rethinking the culture and how prisons are run. That is what makes the difference. We know it makes a difference, because we have some fantastic prisons and wings and so on that operate very differently.

Nigel Newcomen: If I may say so, I think it is a counsel of defeat. The prison system has always faced many challenges. I described NPS as a game changer in one of my reports, and it probably has been, but it is not that there is no work going on in either supply reduction or demand reduction. There are even some very good efforts being made at harmonisation by prisoners themselves. There is always scope for improvement, and to assume that there is no answer to the problem is, as I say, a counsel of defeat.

Yasmin Qureshi Portrait Yasmin Qureshi
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Q I was not saying that there is not an answer to the problem. I was saying that, yes, some good things are happening—I am not saying nothing good is happening—but to achieve a level of productivity, if I may use that expression, you will need back-up resources. That is what I am talking about, in essence. That needs to be addressed fully.

Martin Lomas: There needs to be proper supervision of prisoners to give confidence to staff and prisoners. That might involve a resource solution, but equally, as colleagues have said, there are issues around leadership, accountability, learning the lessons that have just been pointed out to you, and sustaining improvement, rather than this being the rollercoaster that we often see. A variety of resource, cultural, management and leadership issues need to be put right.

Rachel O'Brien: You mentioned prisoners and the role of prisons. That is a huge untapped resource. It is very easy to talk about things like co-design and working with prisoner empowerment, but when you do it, you see the transformative change, not just among the prisoners but in the staff, and if staff are doing it, rather than people like me, that is how you get a completely different kind of response. Prisoners can be your best allies. They do not want to live in unsafe environments where it becomes the norm to be off your head. One of the things that would not be in the Bill but is absolutely about the culture is seeing prisoners and their families as key assets to support outcomes.

None Portrait The Chair
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Chris Philp, on this point. I want to exhaust this area before we move on to the next questions.

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None Portrait The Chair
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A final brief question, because I want to give time for declarations, and a brief response, please.

Yasmin Qureshi Portrait Yasmin Qureshi
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Q I have two little questions.

None Portrait The Chair
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Just one.

Yasmin Qureshi Portrait Yasmin Qureshi
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Mr Lomas, in response to a question about the educational aspect of things you said, “Look at the intention of the Bill and the purpose of prisons.” Bearing in mind we have been hearing about issues of self-harm and about suicide rates increasing, what about enshrining prisoners’ mental and physical health in the statute book, in clause 1, giving it parity with the four other things?

Martin Lomas: I have not really anything more to add to what has been said already. Yes, possibly: it is an issue and a priority. Whether that specific issue of detail should be one of the stated purposes of imprisonment is a judgment call. It could be. As an inspectorate we will inspect it whether it is a stated purpose or not. There will be an obligation to meet that need if you are genuinely meeting the purpose of being rehabilitative and reforming. Mental health, for example, is fundamental. It is a priority. It is in a sense a subset of the stated purposes already. As to whether or not it should be elevated into being a stated purpose itself and whether that will impact all the issues that Nigel referred to earlier—of course we would like it to be stated in those terms, but what about other things of importance? Her Majesty’s inspectorate of prisons has its own criteria. We operate to independent criteria and will look at health outcomes, including mental health.

None Portrait The Chair
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Are there any hon. Members who want to declare an interest before the end of the sitting?

Richard Burgon Portrait Richard Burgon
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I am a former practising solicitor—I am non-practising now. I used to be an employee of Thompsons solicitors who have an interest in matters discussed this afternoon.

Yasmin Qureshi Portrait Yasmin Qureshi
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I was also a practising barrister. I stopped practising in 2010 but I have recently become a door tenant and I can now practise and may choose to practise.