Ev 50 Justice Committee: Evidence5 March 2013 Nick Hardwick and Eoin McLennan Murrayhave thought that <strong>the</strong>re was demand, and I do not knowwhe<strong>the</strong>r <strong>the</strong> fact that <strong>the</strong>re are so many unfilled placesis an administrative problem or whe<strong>the</strong>r <strong>the</strong>re reallyare not <strong>the</strong> women who could take up those places.Q240 Steve Brine: Mr Murray, do you have anythingto add?Eoin McLennan Murray: It can be difficult to providefamily-friendly visiting arrangements. It takes spaceand it takes resource and time, and obviously all <strong>the</strong>sethings are sometimes a scarcity in prison. You have tothink of o<strong>the</strong>r ways of addressing it.A more imaginative use of release on temporarylicence, or ROTL, for women would be a very goodway of ensuring that <strong>the</strong>re could be pleasant contact ingood surroundings. We have already said that womendo not pose <strong>the</strong> same kind of risks that men do, so youcould be far more imaginative. Historically, we used tobe more imaginative with <strong>the</strong> use of temporary releasefor women. That would be one way of facilitatingvisits.The o<strong>the</strong>r would be to utilise IT more. We live in a worldof e-mail, and we can censor e-mail electronically.Why couldn’t we provide e-mail facilities or videoconferencing facilities? Why couldn’t we make <strong>the</strong>setechnologies more accessible, particularly to womenand to foreign nationals, so that <strong>the</strong>y can maintaincontact? It is not that expensive, and it is somethingthat you can monitor very closely if you are concernedabout security, but we seem to have an aversion toembracing some of <strong>the</strong>se new technologies. Theywould offer cheaper and quicker solutions to some of<strong>the</strong>se long-term problems.Q241 Steve Brine: Skype, for instance.Eoin McLennan Murray: Yes, Skype, absolutely. Andit is free, as well.Q242 Steve Brine: The hardware is not free, but—Eoin McLennan Murray: We usually have <strong>the</strong>hardware in most prisons.Q243 Steve Brine: As an adjunct to this, starting withMr Hardwick, I want to ask you about <strong>the</strong> treatmentof pregnant women—that is if you conclude that <strong>the</strong>yshould be anywhere near <strong>the</strong> secure estate in <strong>the</strong> firstplace.Nick Hardwick: On your last comment, <strong>the</strong>re is a bigquestion about whe<strong>the</strong>r <strong>the</strong>y should be anywhere near<strong>the</strong> secure estate in <strong>the</strong> first place, but, assuming that<strong>the</strong>y are, <strong>the</strong>re are three areas that I would touch upon.One is, in a sense, <strong>the</strong> appropriate level of professionalantenatal care. From <strong>the</strong> health point of view, womenshould be getting care and supervision, in <strong>the</strong> sense ofpeople being aware of what is happening to <strong>the</strong>m andwhat <strong>the</strong>ir needs might be, and those needs should bebeing met in a sympa<strong>the</strong>tic way.Secondly, <strong>the</strong>re is <strong>the</strong> more general question ofsupport, that staff should be sympa<strong>the</strong>tic to thosewomen’s needs. A lot of <strong>the</strong>se women may end upbeing separated from <strong>the</strong>ir children <strong>after</strong> <strong>the</strong> birth, and<strong>the</strong>y will be anxious about what is going to happen. Allof those sorts of support needs need to be met. Thereis a role sometimes for mentors, and you see o<strong>the</strong>rwomen prisoners providing that support. Thirdly, <strong>the</strong>reare some practical things around clothing, <strong>the</strong> mattresson <strong>the</strong> bed and o<strong>the</strong>r practical things to make life easierfor pregnant women that just get forgotten.It is about professional care, antenatal care andproviding <strong>the</strong> right sort of links with safeguarding outin <strong>the</strong> community. It is about more informal supportfor women who are anxious and upset, and it is aboutpractical things and about how <strong>the</strong> prison operates.Q244 Steve Brine: What is your experience, MrMurray? How do we treat pregnant women in <strong>the</strong>secure estate?Eoin McLennan Murray: They are generally treated<strong>the</strong> same as non-pregnant women—although I shouldqualify that, because <strong>the</strong> medical support that pregnantwomen receive is good. Pre-natal health care provisionis good, and <strong>the</strong>y are monitored, but in terms of regimefacilities, <strong>the</strong>re is not much difference between howpregnant women and non-pregnant women are treated.Q245 Gareth Johnson: Mr Corbyn has coveredsome of <strong>the</strong> areas that I was going to speak about,including on small custodial units, but I have a coupleof questions arising out of what you said earlier.When <strong>the</strong> President of <strong>the</strong> Prison GovernorsAssociation says that 80% of women in custody shouldnot be <strong>the</strong>re, I tend to sit up and listen. Mr Hardwick,you also said that <strong>the</strong>re are women prisoners in custodywho should not be <strong>the</strong>re. My question, arising fromthat, is that it is not really your role to say whe<strong>the</strong>r ornot people should actually be in prison. Surely, yourrole in serving society is to ensure that our custodialunits are effective and are run well, ra<strong>the</strong>r than actuallysaying, “These are <strong>the</strong> people who should be in prison;<strong>the</strong>se are <strong>the</strong> people who should not.” That is forjudges, is it not?Nick Hardwick: I am not saying who should or shouldnot be in prison. I did not put a number on it. Myview is that prisons need to be able to care for, andhold safely, securely and decently, <strong>the</strong> people that<strong>the</strong>y have. At <strong>the</strong> moment, <strong>the</strong>re are women in prisonfor whom <strong>the</strong> system does not seem able to provideappropriate treatment and conditions. To be helpful to<strong>the</strong> Committee, I would say that one of <strong>the</strong> reasons forthat is that <strong>the</strong>re are women in prison who could bebetter dealt with outside in <strong>the</strong> community. However,I have a different role from that of <strong>the</strong> PGA, and on<strong>the</strong> whole I steer clear of sentencing decisions. You areright, however, that we comment on <strong>the</strong> treatment andconditions of people once <strong>the</strong>y are in prison.Eoin McLennan Murray: You are right in what yousay, from our perspective, from <strong>the</strong> practitioners’perspective. We just see this revolving door andcontinual reoffending rates. What we are looking atis how to reduce reoffending and <strong>the</strong>refore preventfur<strong>the</strong>r victims. One of <strong>the</strong> things that we think is that,if you just put women in prison in <strong>the</strong> numbers that weare doing, you keep on exacerbating <strong>the</strong> problem.We would like to see that problem resolved, and webelieve that one of <strong>the</strong> ways of resolving it would beto have different disposals. I am not saying that <strong>the</strong>yshould not be dealt with by <strong>the</strong> courts, but just that whatis meted out by <strong>the</strong> courts we believe should be moreappropriate in terms of reducing future reoffending
Justice Committee: Evidence Ev 515 March 2013 Nick Hardwick and Eoin McLennan Murrayrates—and more effective in terms of changing <strong>the</strong>lives of <strong>the</strong>se women.Q246 Gareth Johnson: The reason why I raise thatquestion is that prison governors have a crucial rolein preventing reoffending, working with people while<strong>the</strong>y are in custody. I understand that prison governorsare frustrated at seeing <strong>the</strong> same faces coming backagain and again. Surely, it is for prison governors todeal with <strong>the</strong> people whom <strong>the</strong>y have and do what <strong>the</strong>ycan to improve <strong>the</strong>ir anti-reoffending programmes. Itis not to say, “Well, four out of five of <strong>the</strong>se peopleshould not be here, and <strong>the</strong> courts have got it wrong.”Eoin McLennan Murray: Again, you are right. Thatis exactly what prison governors do. Regrettably,however, most of what we do is ineffective, partlybecause <strong>the</strong>y are such short sentences and because of<strong>the</strong> resources required. There are resources, but you donot have <strong>the</strong> time to meet some of <strong>the</strong> needs of <strong>the</strong>women, and <strong>the</strong>y could be met more appropriatelyelsewhere. There is a better solution to this. That is <strong>the</strong>point that we are making, but at <strong>the</strong> moment we seemto be fixed on locking people up, and we do not believethat that serves society.Nick Hardwick: May I add one brief point? There isone group of women in prison now who definitelyshould not be, and that is at <strong>the</strong> more extreme end,with women who have <strong>the</strong> most acute mental healthproblems. It seems to me that <strong>the</strong>y should be cared forin a hospital ra<strong>the</strong>r than in a custodial establishment.If you go to a place like <strong>the</strong> care unit at Styal, where<strong>the</strong> level of mental health distress is extreme, I defyanyone to come out of that and say that prison is anappropriate place for <strong>the</strong>se people. They should becared for in a hospital.Gareth Johnson: We need to make that point, MrChairman.into <strong>the</strong> area in which <strong>the</strong>y are held. If you are a womanoffender who lives in <strong>the</strong> west midlands conurbation,<strong>the</strong>re is no local prison in that area from which youcan make <strong>the</strong> link between <strong>the</strong> prison establishmentand <strong>the</strong> community. You are likely to have womengoing back to that area from a whole range of differentestablishments, and it is not clear from <strong>the</strong> proposalsas <strong>the</strong>y currently stand how that link will be madebetween <strong>the</strong> prisons and community provision. That isa problem for all prisons, but it is particularly acute forwomen’s prisons. If you ask <strong>the</strong> MOJ, <strong>the</strong>y will say,“Yes, we recognise that that is an area where we stillhave to do more work.” They will acknowledge <strong>the</strong>point, but I would say that <strong>the</strong>y need to get on with itand solve that problem.Q248 Chair: Is it not <strong>the</strong> reality that <strong>the</strong> proposalshave been drawn up to create better links and morethrough-<strong>the</strong>-gates care for male prisoners but that,when applying it to <strong>the</strong> female estate, one immediatelycomes up against <strong>the</strong> fact that <strong>the</strong> female estate, inmost people’s view, is wrongly configured?Nick Hardwick: Precisely so. It will be difficultenough in <strong>the</strong> male estate. There is talk, which wouldbe a good thing, about trying to organise prisons ona regional basis, but you are still going to have maleprisoners held in prisons away from <strong>the</strong> areas to which<strong>the</strong>y will relocate. Unless you radically change wherewomen are held, <strong>the</strong> women’s estate, that problem isgoing to be more acute.The whole business about prisons, and women’sprisons in particular, has almost been forgotten in someof <strong>the</strong> thinking, and <strong>the</strong>re needs to be some catching-upon it. It goes back to <strong>the</strong> point about leadership. Youfeel that you are always having to remind people aboutthis issue, ra<strong>the</strong>r than it being at <strong>the</strong> forefront of <strong>the</strong>irminds.Q247 Chair: What are <strong>the</strong> implications for <strong>the</strong> post-<strong>Corston</strong> agenda of <strong>the</strong> Government’s decision jointlyto commission rehabilitative provision across prisonsand probation?Nick Hardwick: I have said on a number of occasionsthat <strong>the</strong>re is a hole in <strong>the</strong> Government’s thinking moregenerally about rehabilitation, because what happens inprisons seems to be very much a second order priorityin <strong>the</strong> proposals as a whole. The proposals neglect <strong>the</strong>role that prisons should play in preparing prisoners forrelease and reducing <strong>the</strong> risk that <strong>the</strong>y reoffend. Thereis much to applaud in <strong>the</strong> proposals. The role thatprisons will play, and how <strong>the</strong> community providerswill link up with what happens in prisons generally,has not been properly thought through yet.Things are more acute for women’s prisons. The reasonis this. Because of <strong>the</strong> location of prisons as <strong>the</strong>y arenow, women prisoners are less likely to be released________________Q249 Chair: Does that have any implications for <strong>the</strong>existing prison and criminal justice joint inspectionregimes? You do quite a lot of joint inspections, do younot?Nick Hardwick: We need to see <strong>the</strong> arrangements indetail, but we work very closely with <strong>the</strong> probationinspectorate at <strong>the</strong> moment and we go into prisonstoge<strong>the</strong>r. That is quite profitable, because, certainlywhen we are looking at rehabilitation, at <strong>the</strong> momentwhat we tend to look at is <strong>the</strong> process—<strong>the</strong>y are doing<strong>the</strong> sorts of things, or not doing <strong>the</strong>m, that ought tobe improved. If we can link that up with what <strong>the</strong>probation inspectorate is doing in <strong>the</strong> community,we can come to a more definite conclusion, and thatwould be helpful. The relationships that we have at <strong>the</strong>moment can be developed to work in <strong>the</strong> new system.I am looking forward to that.