HMPPS Update

Before we come to the statement, I remind the House that the individual in question has been charged with criminal offences, and that the House’s sub judice resolution applies to those charges. Members should therefore take care to avoid referring to the details of those charges or saying anything that assumes the guilt or innocence of the individual concerned.

Thank you, Madam Deputy Speaker. With your permission, I would like to make a statement on the escape from HMP Wandsworth yesterday morning, Wednesday 6 September, of a prisoner by the name of Daniel Abed Khalife.

Daniel Khalife was remanded in custody at HMP Wandsworth on 28 January this year, having been charged with offences alleged to have taken place in 2021 while he was serving in the armed forces. As you have already indicated, Madam Deputy Speaker, the House will understand that, while a live criminal investigation is in progress, there are limits on what I can properly say. Daniel Khalife will be caught in due course and will face a trial. Nothing should be said in this House or elsewhere that might prejudice those proceedings, so let me assist the House with what I can say.

At approximately 7.30 am yesterday, a vehicle that had made a delivery to the prison’s kitchen left HMP Wandsworth. Shortly afterwards, local contingency plans for an unaccounted prisoner were activated and, in line with standard procedure, the police were informed. The prison was put into a state of lockdown while staff attempted to determine Daniel Khalife’s whereabouts. The vehicle was stopped and searched by police after the alert was raised. Strapping was found underneath the vehicle, which appeared to indicate that Daniel Khalife may have held on to the underside of it in order to escape. The search is under way. His Majesty’s Prison and Probation Service is giving every assistance to the Metropolitan police’s operation to recapture Daniel Khalife and return him to custody. As has been made clear by the Metropolitan police, there is no reason to believe he poses a threat to the wider public.

Yesterday, when I was first briefed on this grave security breach, I spoke to the governor of HMP Wandsworth and senior HMPPS leaders to establish what was known about the escape and seek assurances about the immediate measures being taken to ensure the security of the prison. I made clear then, and I reiterate now, that no stone must be left unturned in getting to the bottom of what happened. Who was on duty that morning, and in what roles, ranging from the kitchen to the prison gate? What protocols were in place, and were they followed? Secondly, I have ordered an investigation into the categorisation decision by HMPPS: were all relevant matters taken into consideration in determining where in the custodial estate Daniel Khalife should be held? In both cases, I have asked for the preliminary findings to be with me by the end of this week. An assessment will then be made of what can properly be put into the public domain. I have also decided that there will need to be an additional independent investigation into this incident, which will take place in due course.

I now turn to the wider prisoner cohort held by HMPPS. In the light of these events, I have ordered two urgent reviews: first, into the placement and categorisation of everyone held in HMP Wandsworth and, secondly, into the location of all those in the custodial estate charged with terrorism offences.

I call the shadow Secretary of State.

I thank the Justice Secretary for advance sight of his statement, and I reiterate our support for the police and all those who are involved in the search to recapture Daniel Khalife. I very much hope that that search will be brought to a swift and successful conclusion so that the rest of the legal process may take place.

This is an extremely serious matter, and it has highlighted catastrophic and multiple failures in respect of not just this case, but our wider criminal justice system. It simply beggars belief that a man being held on suspected terror charges was able to escape prison by clinging to the bottom of a food delivery van. The simplest question for the Justice Secretary today is: how on earth was that allowed to happen? How is such an escape even possible? Nothing that he has said to the House so far gets us remotely close to a full answer to that central question.

I know the Justice Secretary will say when he responds to me that it is early days, that he has ordered the relevant investigations and that they must have some time to conclude. But with respect, it gives me no confidence that the Justice Secretary has today arrived with a list of basic questions that, frankly, he should already know some of the answers to and be able to share with the House. I note with complete agreement both what he said and your direction, Madam Deputy Speaker, that nothing must be said either in the Chamber or anywhere else that may prejudice any future trial or indeed the live operation that is currently under way, but the circumstances and the facts of the escape itself are a separate matter that is of legitimate and urgent concern to this House and to the wider public. That is separate from the nature of any and all charges that will form the basis of future trials or other investigations. The Justice Secretary really does need to give much fuller answers to the House, rather than a list of his own questions.

I begin by welcoming the hon. Lady to her place, and I will try to address the points she raises. I was pleased to hear her remarks about not wanting to prejudice a future trial, because we must keep in mind that escape is a criminal offence. She asks whether there will be inquiries into the staff on duty and the quality of training. Absolutely; that is precisely what I have asked to take place. She asks whether additional expertise is in place. Yes, that is already in place in Wandsworth at the moment, assisting with the investigation. As I indicated in my opening remarks, I want to know who was on duty in the kitchens and at the gate, what protocol was in place, and whether it was applied. If it was not applied, why not? Those are all questions I have asked, and she can be assured that they will be answered.

On timing, I have already indicated that I want to have the preliminary answers on my desk by the end of this week. I will then be able to make a decision, considering all relevant information, about what can be put into the public domain. However, we have to proceed carefully and on the basis of evidence. I say that because the hon. Lady raised a question that was factually incorrect. She asked why Daniel Khalife was “moved from Belmarsh”, but he was never in Belmarsh. With respect, it is important that we do not proceed on the basis of misinformation, and I hope I make that point clear. I absolutely understand the proper public interest and points that are being raised. That is fine, but if the hon. Lady needs to ask me any questions about matters of detail, she has my number and she can call.

On who is held on the category B estate, that is exactly what I have asked of the inquiry that has been set up. I mean no discourtesy, but I think the hon. Lady may have misunderstood what I was suggesting by means of an inquiry. This is not an inquiry into the number of prisoners in Wandsworth, which is a matter of public record; this is about whether the right people are in Wandsworth, and whether those Wandsworth prisoners should be there or elsewhere. That is what needs to be answered.

I call the Chair of the Justice Committee.

I thank the Secretary of State for his statement, for his courtesy in giving me notice of it, and for the characteristic thoroughness and care with which he has approached this matter. He is clearly going into the detail in a careful and measured fashion, which is the right approach. I also congratulate the shadow Secretary of State and welcome her to her post.

First, the Secretary of State has accepted the need for an independent element, and the Justice Committee has more than once referred to the need to avoid the Prison Service marking its own homework. Will he bear in mind in that regard the work that has already been done by His Majesty’s chief inspectors of prison and probation in relation to Wandsworth and other prisons? They have real expertise, and I hope he will avail himself of it.

Secondly, in relation to his wider inquiry into the prison situation, when on the face of it there has been a significant improvement in gate security, the failure of gate security on this occasion is all the more alarming. It is a matter of record that there is an issue with staffing at Wandsworth and with retaining experienced staff across the Prison Service. We have a large number of comparatively inexperienced staff. Evidence submitted to the Justice Committee’s inquiry on the prison workforce demonstrates concern over levels of training in some establishments. Will the Secretary of State make sure that those points are fully taken on board as part of a serious review of prison workforce on the back of this?

My hon. Friend is right to draw attention to these matters. As I have indicated, the inquiry must take its course and the issue of staffing will no doubt be considered. Necessarily, we cannot go into a huge amount of detail, but what I can say is that in all prisons staff take on different roles. On the specific issue of staffing at the security end of the prison, the positions were staffed and the security posts were occupied. The question is whether protocols were applied, and indeed whether people did what was expected of them under those protocols. We need to get to the bottom of that urgently.

I call the SNP spokesperson.

I thank the Secretary of State for advance sight of his statement. My party hopes Khalife will soon return to custody. Leaving aside the extraordinary manner of the details of the escape, some more immediate questions arise. Mr Khalife may have been believed to pose a low risk to members of the public, but he was clearly thought to present a considerable risk to his service colleagues and to national security. As such, it will strike people as extraordinary that he was being held under category B conditions, rather than category A, pending any trial.

What is more extraordinary is that prison inspectors reported concerns in January last year about the measures in place at Wandsworth to prevent escapes, after finding what they believed to be potential shortcomings in physical aspects of security locally on site. It was also alarming to hear the former head of security at Wandsworth, Ian Acheson, on the radio this morning saying that, on any given day, some 30% to 40% of frontline staff are unavailable for duty at the prison.

The Prison Officers Association has highlighted that some £900 million has been stripped out of prison budgets in England and Wales since 2010, which will leave more prisons than just Wandsworth overcrowded and under-resourced. The Prison Officers Association’s national chair has called this morning for an urgent review of how prisons across England and Wales are run. I appreciate that the Secretary of State has announced two separate strands of inquiry from the Dispatch Box, which I am sure will be welcomed, but will he expand the scope of his questioning to allow for that inquiry into how the Prison Service across England and Wales is run, in the light of the concerns that have been expressed?

May I deal with the hon. Gentleman’s second point first? Prison officers do an extremely important job, and I will of course listen carefully to what the Prison Officers Association has to say about this matter. I have already had a meeting—albeit predating this incident, as he might expect—and that productive and constructive relationship will continue.

Let me deal with the hon. Gentleman’s point about categorisation, because I am instinctively sympathetic to his point about why this prisoner was in the category B estate. That is precisely what I want to have some information about, but we have to proceed with caution. Although we are not going to look at the details of the specific offences, section 58 of the Terrorism Act 2000 is an either-way offence. There are other offences that are either-way. It is not the case, and never has been since the Terrorism Act was created 23 years ago, that everyone charged with a section 58 offence would be in the cat A estate. Were that to happen, it would turn the whole system of categorisation on its head. It is an offence I have prosecuted many times in the past. We need to ensure that we are looking at the detail of what he was charged with and the specific risk or otherwise that he may have presented.

I echo the comments of the Chair of the Justice Committee about the tone and thoroughness of the Lord Chancellor’s statement, and particularly his commitment to leaving no stone unturned. However, the presence of strapping on the underside of the vehicle would seem to indicate that some planning was involved. As well as the Lord Chancellor’s questions about protocols and staffing arrangements, is there any implication that the prisoner may have had some assistance with the escape?

I hope that my hon. Friend will not take it as a discourtesy when I say that nothing has occurred to him about lines of inquiry that has not occurred to me, my ministerial colleagues and members of HMPPS. All lines of inquiry are being considered, including all those that I am sure are occurring to hon. Members.

People in Tooting are alarmed that someone could escape from what is supposed to be an extremely secure prison. A few months ago, I raised the issue of low staffing levels with the Justice Secretary because I had concerns after speaking to Battersea and Wandsworth trades union council. My parliamentary question revealed that, shockingly, only seven prison officers turned up for a night shift last December to cover 1,500 inmates. That is unworkable and unsafe. Staff are having to do double shifts, with officers facing violence and abuse and struggling with their mental health. That makes staff retention impossible. In those circumstances, mistakes will happen.

Will the Secretary of State list the meetings that he has held with the prison leadership since I raised the alarm many months ago? Will he also tell us the average number of staff per shift at Wandsworth prison and the number of staff forced to take “payment plus” overtime shifts?

Sadly, this escape is not the only significant challenge that the prison has faced recently. In November, it was without water for six days. Prisoners could not wash and had to rely on bottled water. There is an endemic problem throughout our public services owing to 13 years of Tory mismanagement. School buildings are crumbling, our prisons are overstretched and falling apart and our NHS is under-resourced. When will the Government get a grip and sort it out?

The hon. Lady began by expressing concern on behalf of her constituents. She was right to raise that. I invite her and her constituents to consider the remarks of the Metropolitan police that the prisoner is believed to be a low risk to the community. It is important to stress that in the House.

It is an overriding and overwhelming priority for me to increase staff numbers, and I am pleased that they are increasing. Of course, I want them to go up further, but it is positive to note that, since 30 June, there has been an increase of more than 700 full-time equivalent band 3 to band 5 staff—wing officers up to custody managers.[Official Report, 11 September 2023, Vol. 737, c. 6MC.] I accept that we have further to go. However, it is also encouraging that the resignation rate is coming down. I do not suggest for a second that the work is completed—it is not, and it is perfectly fair for the hon. Lady to raise those points—but we are moving in the right direction.

On the third point, the preliminary indications, subject to the investigations that I have ordered, are that the security posts were manned in Wandsworth at the time of the incident. We now need to know, given that they were manned, what went wrong.

I welcome the assurances that the Secretary of State has given about the investigations that will now follow. Can he update the House on what steps the Government are taking to increase security across the prison estate as part of the Department’s £4 billion investment in increasing the number of prison places?

It is worth stepping back and reflecting for a moment on the fact that the programme of infra- structure investment in prisons is second in Government only to HS2. A huge amount of investment is going into our prisons and I have seen what that can do. I have been to HMP Five Wells and HMP Fosse Way. Millsike is under construction. Those are modern, safe, secure, decent and rehabilitative prisons. On my hon. Friend’s specific point about security, as part of the overall scheme, we have put £100 million into enhanced gate security and X-ray scanners that can check for illegally concealed contraband. That is driving up seizures and driving down violence in prisons. Of course there is more to do, but that investment is yielding significant results.