Separation Centres: Terrorist Offenders

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the implications for national security and the management of terrorist offenders following disruption to the separation centre regime.

The right hon. Gentleman raises a very important question. Separation centres are a vital part of our strategy to manage those who pose the most significant terrorist risk. Following the horrific attack at HMP Frankland in April this year, we took immediate action to ensure safety in our separation centres. Today, everyone is safe and a stringent regime remains in place.

Our prison officers are some of the hardest-working and bravest public servants in this country. It is right that they feel safe as they work to protect the public. That is why, following the attack at Frankland, we mandated the use of protective body armour in our highest-risk units, including our SCs, for the first time. The Deputy Prime Minister has recently announced a further £15 million investment in safety equipment, including to roll out up to 10,000 pieces of body armour to up to 500 staff trained in the use of Tasers.

The Abu judgment is very fact-specific and does not threaten the integrity of the separation centres themselves. This Government take the judgment and others that were referenced very seriously. We are clear that any decision regarding segregation must comply with prison rules and human rights obligations, including under the European convention on human rights. We are working to ensure that our referral process is robust and are strengthening our ability to defend against legal challenges. Specialist staff continue to assess referrals rigorously, and placements are made only where the criteria are met.

Let me be clear: the Government will always put national security first. Separation centres remain an essential operational tool, and we will continue to use these specialist units to protect the public from the most dangerous offenders.

I call the shadow Secretary of State.

Sahayb Abu is a danger to this country. This is an ISIS fanatic who bought a combat vest and a sword so that he could, in his own words, “shoot up a crowd”, yet this week the High Court ruled that keeping him apart from other prisoners to prevent him from radicalising them was a breach of his human rights. We have reached the perverse situation where a terrorist’s mental health is prioritised over national security and the protection of the very men and women in uniform who are targets for these dangerous individuals with very little to lose. Abu is now in line for a payout from the taxpayer.

This is not an isolated incident; it is the latest in a line, including the double murderer and extremist Fuad Awale and Denny De Silva. Every extremist housed in a separation centre may now be able to deploy this judgment to escape being housed in such a unit and to get a payout. Terrorists are weaponising the ECHR and the public sector equality duty to milk the state, and the Ministry of Justice is signing the cheques. I note that the Minister did not say that she would be appealing this judgment.

The separation centre regime was created to counter highly subversive terrorists recruiting inside jail and to ensure protection for prison officers, which is effectively collapsing. Prison governors are being paralysed just when there is a crisis of extremism and extreme violence in our prisons, necessitating more separation centres and more segregation.

Will the Minister finally publish Jonathan Hall KC’s review of separation centres, which was produced as evidence in court but which has not been published to this House or the country? Will she say that under no circumstances will any terrorist be rewarded in this manner, and bring forward emergency legislation to override this judgment, prevent payout, protect national security and protect our prison officers? I have said many times that it is only a matter of time before an officer gets killed by one of these monsters. Will the Minister bring forward this legislation? If she does, she will have the Opposition’s support; if she does not, we will do so.

The right hon. Gentleman will be well aware that I am unable to pre-empt decisions that are yet to be taken by the courts. The Government will always ensure that taxpayer money is used responsibly and effectively. On the most recent judicial review, announced just yesterday, the Government are considering all the available options, including the right to appeal. I want to put that on the record.

I find it quite disingenuous that the right hon. Gentleman—the almost Leader of the Opposition—talks about leaving the European convention on human rights. If he feels so strongly about this, why did his party do absolutely nothing on it when it was in government for 14 years? The Conservatives talk about action; this Labour Government are acting. We have been clear that we will not fail to act on reform of the ECHR; in fact, the sentencing Minister—the Under-Secretary of State for Justice, my hon. Friend the Member for Rother Valley (Jake Richards)—is in Strasbourg right now having discussions with partners on a range of topics, including reform of the ECHR.

The right hon. Gentleman mentioned the findings of Jonathan Hall KC’s independent review of separation centres. The Government commissioned that following the attack at HMP Frankland, and Mr Hall’s report and our response will be published in due course. Let me just say, for the avoidance of any doubt, that it is the priority of this Government—as it should be of all Governments—to keep the public safe and to protect national security. This Government will always ensure that that is done.

I call the Chair of the Justice Committee.

May I thank the Minister for reaffirming the Government’s support—which it should not be necessary to do—for the rule of law and the ECHR? Will she concentrate on the key points here? The first is making sure that the most dangerous prisoners are held securely and the second is ensuring the safety of prison officers. Will she also say what the status of Jonathan Hall KC’s review is? I understand that it has been with the Lord Chancellor for some months. When will we see that and when will we implement the recommendations of the report?

As I have stated, the Government are committed to ensuring that separation centres continue to prevent those who pose the highest terrorist risk from influencing the wider prison population. That is precisely why we commissioned Jonathan Hall’s independent review following the appalling attack at HMP Frankland. Mr Hall has delivered his findings, which we and the Lord Chancellor are grateful for, and which we are considering very closely and with the utmost seriousness. We will publish the review and the Government response very shortly, but we are taking all relevant steps to ensure that our prisons and our prison staff are safe.

I call the Liberal Democrat spokesperson.

What a sorry state of affairs. This case highlights the consequences of a prison system, which includes separation centres, that was overstretched and under-resourced by the last Conservative Government, of which the right hon. Member for Newark (Robert Jenrick) was a prominent member—he has now forgotten that.

Please will the Minister confirm what assessment the Ministry of Justice has made of the decade of Tory underfunding and overcrowding, which left prisons unable to safely manage violent extremists such as those we have been talking about? Will she also outline how Abu’s ideology and violent behaviour escalated the need for extreme segregation measures? Finally, violent attacks on prison staff are on the rise. We have seen high-profile cases of prisoners, including one from my constituency of Woking, being accidentally released. What assurances will the Minister give us, as MPs, that public safety and the protection of prison staff will be prioritised in the under-resourced prison system that the Government inherited from the Conservatives?

I thank the Liberal Democrat spokesperson for his questions and for the constructive way in which he asks them. He is right to highlight the chronic underfunding of our Prison Service and our criminal justice system over 14 years of Tory austerity. He is right that if there is a dereliction of the duty to look after our criminal justice system, this, sadly, is the result. We are slowly beginning to pick up the pieces of what was left of our criminal justice system when we came into office 18 months ago, and this is yet another example of how the previous Government failed to keep us safe and failed to invest in our Prison Service. This is the result.

We realise that more needs to be done and we are committed to doing it. I pay tribute again to the brilliant prison staff and prison officers who work in intolerable conditions. We are committed to investing in them to make sure they are safe, as I have stated, with effective body armour and better training. We are listening to them and to the governors of prisons directly about what they need, because they are the best people to identify the needs on the ground, and we are seeking to provide reassurance. I extend a hand across the aisle and offer to work with the Liberal Democrat spokesperson and his party to ensure that we get this right for the sake of everyone.

The European convention on human rights has safeguarded the lives and rights of many people. Will the Minister please tell the House what the Law Society of England and Wales thinks about the Conservatives’ plans to leave the ECHR?

My hon. Friend makes a valid point. In the past, the convention has served the victims of John Worboys, the families of the 97 killed in the Hillsborough disaster and British troops who died in Iraq, and it underpins the Good Friday agreement. It is frankly astonishing that the Conservative party, after 14 years of failing to do anything on the ECHR, seeks for us to withdraw from it, when the only other country to do have done so is Russia under Vladimir Putin. Is that the company the Conservative party wants to keep?

We are working to ensure that our referral process is robust, and we are strengthening our ability to defend against any legal challenges. Specialist staff continue to assess referrals rigorously, and placements are made only when the criteria are met, but to answer my hon. Friend’s question specifically, the Conservative Government, as we have already heard, left our prisons at breaking point. They were at 99% capacity, and the Law Society of England and Wales has stated that the answer to that is not leaving the ECHR.

I call the Father of the House.

When it comes to terrorists, what is worrying a lot of us is the fact that people are pouring across the channel illegally and there is absolutely no check whatsoever on them. The Minister may not be able to answer this now, but I am interested in the state of the law. Surely it is a very risky thing for our nation that our enemies could be infiltrating our country in this way. Would it be possible under the refugee convention to detain all illegal migrants, do full background checks on them, and put them in separation centres or whatever, so that we can check that these people are actually safe?

We are working very closely with the Home Office on this, and on our proposals regarding reform of the ECHR. As the right hon. Gentleman knows, we are bringing forward legislation to clarify exactly how article 8 of the ECHR, the right to a private life, operates domestically in relation to immigration rules, to ensure an appropriate balance between the rights of individuals and the national interest. [Interruption.] The shadow Minister speaks from a sedentary position regarding article 3. Again, we are looking at the interpretation of article 3, so that varied prison conditions or access to healthcare is not a bar to extradition or deportation. I reiterate our commitment to do everything we can to keep our national security safe. I will happily write to the right hon. Member for Gainsborough (Sir Edward Leigh) with more information and clarification on those points.

I thank the Minister for her response to the urgent question. The Frankland attack was awful. Given that body armour is crucial to the safety of prison staff, can she please tell us more about its procurement, so that prison staff are protected as best as possible, as soon as possible?

It is right that we equip our prison officers with the most robust security and protection possible. That is why we are working with them, with the unions and with governors to ensure that all steps are taken. I stress that it is also really important that prisoners’ mental health needs are taken into account. We have medical staff advising on the placement of prisoners within separation centres. I will happily write to my hon. Friend with further details on procurement, but I reassure him that we are doing all we can, working with our prison staff, who work in exceptional circumstances, to ensure that they feel reassured and safe.

Normally, I like the Minister’s can-do attitude. Is she really telling the House that this Government would rather make payouts to terrorists than disapply the ECHR?

I am grateful to the right hon. Gentleman for his question. I do have a can-do attitude, and I am willing to do everything we can as a Government to ensure that we get this right—that we keep our public and our prison officers safe, and keep dangerous criminals locked up where they belong. The right hon. Gentleman will be aware that the legal proceedings are still ongoing. I reiterate that we are looking at all options available, including the right to appeal, because we will be as responsible and effective with taxpayers’ money as possible.

Hashem Abedi was in a separation centre at HMP Frankland when he attacked three prison officers with hot cooking oil. Under these rulings and interventions by European courts, determining the human rights of convicted and violent terrorists, does the Minister really think that it would be appropriate for this individual to be given access to a kitchen?

I will not pre-empt the findings and outcome of Jonathan Hall’s review, but we believe in separation centres. They are a valuable tool, as the judgments state. We are ensuring that all our prison officers are kept safe, and once the recommendations of Jonathan Hall’s review are published and the Government have carefully considered them, I will happily speak with the hon. Gentleman, and work with him to ensure that they are followed through.

This terrorist was moved to a separation centre over concerns that he would use his extremist Islamist ideology to radicalise others, and yet the ruling says that this move was a breach of his right to a private life under the European convention. Should national security and prison officers’ safety not come first, and will she rule out paying any money to this terrorist?

I echo my previous comments: we cannot pre-empt the judicial decision and we are looking at all our rights, including the right to appeal. There are select criteria for prisoners to go into a separation centre. Prisoners will be selected only if all other options have been considered. This is not the case if it is the most desirable location. They are entitled to challenge their selection and raise complaints if needed; however, as I have stated, our priority remains the safety and security of our prisons, our prison staff and the general public.

The key issue is that making a decision about whether someone goes into a secluded area away from other prisoners is a judgment call. What assessment has the Minister made of the implications of the judgment on what will happen to terrorists who should be separated from other prisoners?

Separation centres were never intended for use with all terrorist offenders; they exist to separate the most pernicious radicalisers. We are achieving that aim successfully using the current separation centres’ capacity, which is kept under regular review. We are awaiting the findings of the Jonathan Hall review, and we will look closely at the judgment from yesterday’s decision to ensure that all steps are taken and that we are working with governors and prison officers on the best steps forward. We are determined to ensure that prisons are kept safe.

In Northern Ireland, we have dealt with the spread of extreme forms of paramilitarism in our prisons, and we have learned that the influence of the most hard-line prisoners spreads easily and completely; there are those who enter prison for, perhaps, petty crime and come out the other end with hatred they never felt before. Those with extremist views should not be able to proselytise and convert people —younger inmates in particular—to extremist views. Legislative change has been mentioned. Given what we have learned in Northern Ireland would it be helpful— I always try to be helpful—for the Minister to contact the prisons Minister in the Northern Ireland Assembly to get their ideas? Perhaps we can be helpful to each other.

I am grateful for the extension of an offer to help. I will ensure that that is followed up with our counterparts in Northern Ireland. We will follow the evidence and do what works to keep our prisons safe. We will assess the risks of any further radicalisation in our separation centres and our prisons to ensure that that is not happening, and we will keep under review whether any individuals pose a danger through extending their views to the prison population or to the public. I look forward to working with counterparts in Northern Ireland to share knowledge and expertise to ensure that we get this right for everyone across the United Kingdom.

I thank the Minister for her short, sharp answers—perhaps a masterclass for what is to follow. Business questions will run for an hour and no more.