Justice? What Justice?

Highlights from the Justice Select Committee’s  Evidence Session with the Lord Chancellor, Robert Buckland, the CEO of HMPPS Dr Jo Farrar and the CEO of HMCTS, Susan Aclan Hood, on Tuesday 23 June 2020

On 23rd June, the Justice Committee held an evidence session to discuss the impact of the Covid-19 crisis in prisons. Since the start of the crisis to 19th June, there have been 505 confirmed Covid-19 cases in prisoners, and 984 in staff. There are 107 symptomatic prisoners, the numbers are likely to increase according to CEO of HMPPS Jo Farrar. Sadly, 24 prisoners and 9 members of staff have died.

Notably, Farrar remarked that only 24 prisoners have died. No figure can be dismissed as only, had the Ministry of Justice implemented its initial plans for release these deaths might have been avoided.

Prisoners can’t comply with social distance guidelines within prisons. The prison service’s unsatisfactory solution is the introduction of new units in prisons, 5,000 fewer people are now sharing cells since February. However, accommodation is Bunkabins, or disused shipping containers that have been reconditioned to provide 896 single occupancy cell. These have been delivered across 26 sites, with 477 units installed ready for use, and 289 already being used. When asked if he considered this to be good progress within 3 months of the pandemic, the Lord Chancellor Robert Buckland claimed that HMPPS are making huge progress, with over 5,000 fewer people sharing cells since February.

The lack of early release due to the crisis is deeply unsatisfactory, and the LC stated that 175 prisoners were released due to the crisis; 23 were pregnant or prisoners with young children, and 20 were extremely vulnerable.

Another concern was the current prison conditions that prisoners are suffering, with reports coming from HMIP stating that prisoners had difficulties accessing to showers and exercise for as much as 14 days. Buckland claims that this problem is addressed quickly as soon as they are made aware, usually just before the HMIP report is published. However, this claim was  not supported with any evidence.

How has the problem been addressed quickly if the prisoners are left in inhumane conditions, with a lack of sanitation for 14 days?

A common theme within this meeting was MP’s claims of their concerns, on various prison issues, but when asked, the CEO of HMPPS Dr Jo Farrar was not even aware of these problems. For instance, MP Paula Barker brought forward the issue of a number of rogue governors who have taken risks such as bullying staff, extending shifts instead of allowing prison staff to access bonus systems, holding recreational activities overtime and allowing prisoners to congregate in large groups – all which led to the unnecessary spread of Covid-19. Farrar notes that she was surprised to hear this issue come up due to strict governance and collaboration with Public Health England and trade unions. Ms Barker said she would follow up with correspondence highlighting specific claims.

This professed ignorance, which is quickly followed with denial, solidifies deliberate neglect and ongoing failures in addressing the wider issues of discontent among the prison unions. Instead of answering the questions, Farrar lists the notable practices implemented in prisons which HMIP recently identified, every time she was questioned on her department’s inaction. She does not comment on taking further actions to tackle these issues, and continues to turn a blind eye to the cases which stray from strict governance guidelines. She claims such bullying is not representative of all the prisons in England.

When offered solutions, such as the idea of a whistle-blower hotline to be put into place to protect staff from rogue governors, Buckland makes no promise to take up this proposal, despite claiming to be interested and committed to the issue at hand. Vague promises were made to look into the idea of a whistleblower hotline.

Despite the minimal progress which has been achieved to help prisoners during this pandemic, there is clearly a long way to go.