The criminal justice system can struggle to meet the needs of those who live with serious mental health problems or conditions such as autism and learning disabilities or learning difficulties sometimes described as neurodivergent conditions. That is something we are determined to change. Last month, we announced landmark reforms to the Mental Health Act 1983 that will strengthen the role that our justice system plays in protecting the most vulnerable, enhancing vital checks and balances to ensure that patients’ rights and wishes are respected, and making sure that offenders with serious mental health problems can gain access to the care they need as quickly and as early as possible. At the same time, we commissioned an independent review to increase our understanding of neurodiversity in justice services, so that we can see what provision is available currently and how we can improve support in the future. A greater emphasis on specialist needs will enable us to build back a fairer and more effective criminal justice system.
I would like to pay tribute to all the incredibly hard work that prison staff in my constituency at HMP Bure in North Norfolk have contended with over the pandemic. There have been some extraordinarily dedicated staff working long hours with onerous duties as we fight the pandemic. Can my right hon. and learned Friend tell me, given the risks prison staff are facing, what assessment has been made of the importance of vaccinating them as soon as possible?
I join my hon. Friend in his tribute to staff not only at HMP Bure but at every institution in the prison estate and the wider Her Majesty’s Prison and Probation Service community for the tireless work they have been doing since the outbreak of the pandemic.
My hon. Friend is right to point to the importance of vaccination. Already, prison staff who come within the existing criteria in wave one are being vaccinated in accordance with the advice of the Joint Committee on Vaccination and Immunisation. For the next phase, I am strongly and actively supporting the prioritisation of prison staff. My officials are working on that with the Department of Health and Social Care. The JCVI has already said that
“those involved in the justice system”
should be considered for prioritisation. I strongly agree.
Cases of covid-19 are now getting out of control in our prisons. In December, there were 75 cases per 1,000 in prison compared to 46 in the wider community. There are 87 outbreaks, across an estate of 170, in prisons in England and Wales. There have been reports of prisoners who have tested positive for coronavirus leaving cells and being taken to court, putting all at risk. In December, the total number of deaths in prison throughout the whole pandemic spiked by 50% in just one month. Can the Secretary of State tell the House how many prisoners and prison staff died after being infected by the coronavirus in the month of January?
I will furnish those precise figures to the right hon. Gentleman when they are finally available, which will be very shortly. May I deal with the general points that he makes? It is important to note that an outbreak is defined as any number of cases in excess of two in our prisons. Every case is regrettable, but it is important to put this in context: at the moment, as I speak, two thirds of the prison estate has either no outbreaks at all or outbreaks of fewer than 10 cases. That is an important qualification. Clearly, as a result of testing, which we have ramped up right across the estate, we are able to identify more asymptomatic prisoners, and we test prisoners before they go to court. Nobody who presents with symptoms should be taken to court anyway.
This work has been impressive. The quarantine compartmentalisation work that the right hon. Gentleman knows about continues, and I am confident from my daily briefings with Her Majesty’s Prison and Probation Service that everything is being done to control outbreaks in our prisons. It is not right, with respect to him, to say that this is out of control in our prisons. That, frankly, is an insult to the hard work that staff are doing every day to contain covid-19.
Is my right hon. and learned Friend aware of the early years healthy development review that is under way? Can he tell me what support is available to new babies and their mothers who are in the prison system?
I pay warm tribute to my right hon. Friend. Indeed, I met her recently in connection with her important work, which she has championed for many years. She will be glad to know that women on mother and baby units are supported by multidisciplinary teams to enable mothers to have the positive experience with their babies that she passionately believes in, and I share that belief. We still apply covid compassionate leave, the most recent release having taken place last month. There are individual care management plans for all pregnant women as well. We are in the process of a fundamental review of all policy here to make sure that we are getting it right for as many women as possible.
During the pandemic, women in prison have experienced an intensified lockdown. Many women are permitted only 30 minutes outside their cell a day and 30 minutes every other day for exercise. Alongside this and many other restrictions, the Ministry of Justice’s most recent safety in custody statistics showed that incidents of self-harm and suicide in women’s prisons have increased by 8% in 2020. I and the public need to know what the Government are going to do to protect these women from having a mental health crisis in prison and to ensure that transformative rehabilitation is effective.
The hon. Lady is right to raise the particular challenges facing women prisoners. There does seem to be a different effect of the current restrictions on women prisoners as opposed to the male estate. Sadly, we have seen an increase in rates of self-harm and, indeed, repeated self-harm among individual prisoners. I assure her that the female offender strategy that we launched two years ago is at the heart of our considerations. It is all about understanding why a lot of women not just self-harm, but end up in the custodial estate in the first place. We continue with work on that. More investment is coming, with the creation of secure centres. We will continue to look at ways in which we can reimagine and redesign how women are incarcerated. She will be glad to note that overall numbers in the custodial estate remain quite low compared with recent years as a result of covid and, indeed, the approach that the courts have been taking.
Dr James Davies (Vale of Clwyd) (Con) [V]
Despite best efforts, the transfer of prisoners increases the risk of covid-19 transmission. With prison occupancy 6% lower than at this time last year, what steps is my right hon. and learned Friend taking to ensure that transfers take place only where absolutely necessary?
My hon. Friend is right to raise this issue. We have taken steps to minimise the risk from transfers. We allow only essential transfers—for example, where courts need to be served and justice must carry on. We have clear policies in place to define the need for essential transfers, and we have our compartmentalisation strategy, which means that new admissions to prisons are kept separate from the general population. We are testing new prisoners and, indeed, testing those being transferred between prisons to minimise the risk of spreading the virus.
Mike Hill (Hartlepool) (Lab) [V]
All too often, people who commit retail crime escape a custodial sentence. The Scottish Parliament recently passed legislation that will provide frontline retail workers with important protection from abuse and violence when they serve their communities. Will this Government finally ensure that key retail workers in England and Wales are covered by similar specific legislation?
I am grateful to the hon. Gentleman for raising that important issue. He is right to talk about retail workers being on the frontline. He can be reassured that in relation to offences such as assault and other serious crimes well known to the law, the Sentencing Council has set out guidelines in which it specifically refers to people such as retail workers in an important public service position, which means that the courts should be increasing sentences and finding aggravating factors where shop workers have been the victims of crime. I think all of us in this House agree on the need to support our shop workers, particularly at this time of covid when they have done an outstanding service to us all.
I have met my local police and had many letters from my constituents who are concerned about covid-related offences, including breaches of lockdown, spitting, vaccine fraud and grant fraud. What assessment has my right hon. and learned Friend made of the effectiveness of legislation in prosecuting covid-related offences?
My hon. Friend is quite right to highlight the particularly egregious nature of offences that are based either on the threatened spread of covid or on the abuse of trust that is inherent in anybody who purports to be a vaccinator but who tries to profit out of it. Having considered the matter carefully with my officials, I think that we have provisions within the Fraud Act 2006 that can cover a lot of the false representations that are being made. Indeed, there does not need to be a detriment proved as a result of the provisions of that Act. We also have other legislation. Any spitting, for example, is an assault and should be treated as such, and I note that a number of cases have been brought against the perpetrators of that appalling crime.
The Minister claimed just now that the pay rise for band 3 prison officers needed to be affordable and value for money, so given that more than £30 million is currently wasted due to the hundreds of frontline prison officers leaving the service within their first two years, and that much of the extra spend would be returned to the Treasury through taxation, is not rejecting this fair and sustainable pay rise simply a false economy?
The hon. Lady is right to raise the position with regard to our outstanding prison officers. She can be reassured that as a result of the Chancellor’s announcement regarding the pay freeze, a lot of officers will receive the £250 rise next year, and there will be incremental increases to pay that are part of their current terms of employment. I hear what she says about the particular decision that we had to take. It was not an easy one. We are living in exceptional times, and I will continue to work as constructively as possible with the Prison Officers Association and other representative bodies to ensure not only that we reflect the need for support for our prison officers but that we retain as many of them as possible. It is not an easy balancing exercise. We did carry out the vast majority of the recommendations, but considering the times in which we live at the moment, that particular recommendation was not one we felt able to support at this time.
Antony Higginbotham (Burnley) (Con)
This week is children’s mental health awareness week, and information from the Children’s Commissioner indicates that there are more than 1,000 children in Burnley who live in a household where domestic violence occurs. Could my right hon. and learned Friend therefore update us on the status of the Domestic Abuse Bill, which will protect all victims of domestic abuse including the children who witness it?