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The State of our Prisons: WALES Overcrowded. Understaffed. Underfunded.

Mr David TC Davies (Twitter @DavidTCDavies), Conservative MP for Monmouth and chair of the Welsh Affairs Committee, has launched an inquiry into prison provision in Wales. At the moment, there are no facilities for women yet there are proposals for another “Titan” prison in South Wales at Baglan.

Let’s look briefly at the record

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HMP Swansea, HMP Parc and HMP Cardiff rank amongst the worst prisons in the UK.

All have serious problems with prisoner-on-prisoner assaults, suicides, overcrowding and drugs. Here are some statistics:

Swansea: 80% of prisoners are in overcrowded cells. On arrival at the prison 53% have a drug problem and 32% have an alcohol problem.

Parc: this prison is ranked 111th place out of 117 in England and Wales. In 2017 there were 881 prisoner-on-prisoner assaults and 1451 incidents of self-harm.

Cardiff: 64.5% of prisoners are in overcrowded cells. There were 220 prisoner-on-prisoner assaults in 2017.

Usk/Prescoed: There is no full-time health care provision at either prison, concern by IMB of frequency of ‘lie downs’

If South Wales is serious about a new super prison it should first take a long look at what’s happened in North Wales:

Berwyn, the flagship of the MoJ which opened in February 2017.

Despite being Europe’s second biggest prison, with a capacity of more than 2,100, up to July of last year the £212m facility was less than a quarter full – with just over 500 inmates being catered for. By November there were 800 men.

Digging a little deeper, we find:

  • HMP Berwyn received 319 complaints from prisoners February to September 2017.
  • There were 219 complaints about the living quarters in the first seven months and 31 complaints about the quality of the food.
  • There were 4 complaints about prisoner-on-prisoner violence or assault compared to 50 lodged by prisoners alleging abuse or assault by prison officers.
  • Five of the alleged assaults were passed to North Wales Police for investigation, no action was taken over any of them.
  • Ministry of Justice revealed that 376 items were confiscated from prisoners between its opening in February and October last year.
  • 30 unspecified weapons, 56 items relating to drug paraphernalia and 34 mobile phones were among the items found in the possession of prisoners.
  • Other items confiscated include 21 debt list items, 66 lighters, 17 USBs, 26 vaping objects and 10 chargers.
  • There were also a number of items described as “miscellaneous” that were confiscated by prison officers.

 

So, whether prisons are new, old, Victorian, large, average size, have highly respected Governors or frankly those that should not be there (believe me I’ve met both!), it makes no difference as they all have similar issues to contend with:

Overcrowded. Understaffed. Underfunded.

To alleviate this prison crisis, we need fresh approaches in order to:

REDUCE the population: send fewer people to prison for non-violent offences

INCREASE the use of community orders

CUT the number of recalls

DEAL with indefinite sentences IPP’s convert to fixed length sentences?

FACILITATE prison release, therefore reduce self-inflicted deaths and reduce self-harm

REFORM prison estate and ensure all facilities are decent

SHARE best practice

INVEST in the long term and DELIVER in the short term

ADD more mental health facilities

The list can be endless and will depend on whether we see the purpose of prison as punishment, rehabilitation, both of these or a form of social cleansing.

Only last September, Lord McNally said in the House of Lords debate on prison overcrowding:

“We therefore have to understand the debate today which will be overwhelming in favour of sensible reform still has to pass that test of how we get a Secretary of State, a Prisons Minister and a Prime Minister who are willing to drive through reforms”

But that’s not the end of the story

We need a change in public attitude and that can only come from being informed and educated and not continually having issues covered up and hidden, the brushing under the carpet syndrome. There must be transparency.

We then need investment in life after prison in the provision of a home, a place of work, training or education and a reduction of the stigma in having a criminal record.

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It’s been quite a year but not a quiet one. A retrospective on 2017

My year opened memorably 

In January, the Prisons Minister, Sam Gymiah, wrote to sack me from my role as a Chairman of the Independent Monitoring Board (IMB) at HMP/YOI Hollesley Bay and to ban me for 5 years from IMB membership. I spoke out in the public interest for prison reform, highlighting key weaknesses I found in the MoJ. They shot the messenger.

I’ve written extensively on the reasons for this as those of you kind enough to have followed the story will know only too well.

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No doubt the MoJ and IMB hoped they had heard the last from me.

I have not shut up and I have not gone away

In fact, if anything, as a direct result of media interest from radio, tv and the local and national press, my voice became heard more widely. I was given many chances to raise important issues on the state of prisons in England and Wales and I took them.

In April, I learned that I had been nominated for The Contrarian Prize 2017. It is a prestigious prize for those who have shown independence, courage and sacrifice. Those who nominated me liked the fact that I was unafraid to speak the truth to those in power, talking about the criminal justice system in the public interest. They recognised that doing so came at a huge personal cost including a face-off with the ‘goliath’ of the Ministry of Justice.

With Ali Miraj

Also in April, producers at the BBC brought me onto a live link on BBC News Channel to talk about the problem of drones bringing in banned items into prisons. When presenter Julian Worricker asked for my take on it, I was able to outline the context of the issue and that it was impossible for all the drugs, phones etc within a prison to have been delivered via drones and that the new task force to be set up by the MoJ may have limited results. After working within the prison system for several years I was convinced that visitors and staff were likely routes in for contraband, yet security continued to be somewhat limited.

bbc news drones

In May, I was delighted to join Lady Val Corbett, at her invitation, to attend the first of three ladies executive networking lunches. Each one inspired me and brought me into contact with remarkable women. Nicola McCalliog and Jo Apparicio are two women who I met through the lunches and who I especially admire; I look forward to the opportunity of working with them in the coming year. I have been amazed by the interest that was expressed in my own story and experience.

In my opinion, Lady Val has such determination, persistence, and guts! I thank her for accepting me into the Corbett Network as an associate member, it’s great to play an active part of something so vibrant.

Lady Val networking lunch

 

In July, an article by Laurence Cawley was published on the BBC website. Here, the journalist wanted to explore in greater depth my experience with the IMB and the MoJ. The editorial team expected the article would get around 200,000 unique views. In fact, it reached 690,000 unique views on the first day and am told it was ranked the 8th most read article that day globally on the BBC. It was then I realised that there was a thirst by the public for coverage on justice matters.

In its mission statement, her Majesty’s Prison Service for England and Wales states that it:

“serves the public by keeping in custody those committed by the courts. Our duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release.”

But it is shameful that HMPPS has fallen so short of its own mission statement. The situation in our prisons is worsening and really has become a humanitarian issue.

Laurence Cawley 12072017

Also in July, I was invited to appear live on BBC News, this time in the studio, for an interview with Ben Brown about young people and children caught in the vagaries of the Criminal Justice System, highlighting the lack of care for these vulnerable individuals. This coverage proved a valuable opportunity to remind the public about the issue.

bbc news ben browne

In August, I was invited to London to be interviewed by leading journalist, Simon Israel, who wanted to discuss the treatment I had encountered with the MoJ which tried to prevent me from speaking the truth concerning the prison crisis.

The interview went out on Channel 4 News causing quite a stir.

Simon Israel interview Channel 4

In the Autumn, I was part of one of the most important documentaries to be screened throughout the country. Here the theme was injustice and involved those from various angles within the Justice system. I was so delighted to meet those that had supported me over the last 18 months and together our voices were heard. There are more screenings planned for 2018.

injustice doc premier

This year new friendships were formed including Jane Gould (Clean Sheet) who works tirelessly in providing jobs for those that have been within the system and are often overlooked and penalised for having a criminal record. I joined her at the House of Lords for a tea reception.

Faith and Jane Gould

My coffee and cake buddy Justin Williams has been a great friend. He has been a sounding board and has supported me when I have come under attack from those who have disagreed with my stand for prison reform.

Justin Williams

On a lighter note, I was invited to the Opening Concert for Malta’s Presidency of the Council of the European Union by my friend Trevor Peel. Other invitations included ‘Why me’ evening at Clifford Chance with Peter Woolf and Mel Giedroyc; Probation Institute launch of Probation Services for Armed Forces Veterans under Supervision; ‘Fighting for Prison Reform’ at UCL and Robin Corbett Awards.

I have also taken up my usual seat at the Justice Select Committee on numerous occasions, the most memorable being when the IMB and AMIMB were in front of the committee. I listened carefully and made copious notes when the IMB President John Thornhill gave evidence. This man had caused so much harm to me and yet he was unaware that I was sitting right behind him. When he was informed who I was his face was like a rabbit in headlights. His plan to get rid of me had backfired, I was still there!

There were so many other events, meetings, coffee and cake times with those that have walked with me through 2017. I thank them all.

Richard Rowley, Daniel, Cranni, Jonathan Robinson, Jonathan Aitken, Unsound Robin, Charlotte, Khatuna, Chris Moore, Michael Irwin, Tracy Edwards…and more.

I started 2018 by celebrating with my twin sister our birthdays.

This year represents a year of great opportunity.

I intend to seize it with both hands.

Trying to silence me didn’t work

This month marks one year since I sat in front of a disciplinary hearing at Petty France.

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Interview outside Petty France straight after the disciplinary hearing

I had stood up and spoken out publicly on the state of our prisons and the state of the Independent Monitoring Boards that has a statutory role within each prison. Some may think I was too severe, and undermined the work that was done by volunteers. Others praised me for being brave enough to speak out as they were too fearful to face the consequences themselves.

I spoke from my experience and I spoke the truth. Seriously, the IMB is a shambles for the main part, a weak voiceless organisation that purports to be independent. Yes, there are some serious members that care about their role but blink and you will miss them! It’s not independent by any stretch of the imagination, it’s a department of the Ministry of Justice based at the MoJ headquarters Petty France.

I didn’t have to appear at the disciplinary hearing, the MoJ/IMB could have made a decision on my future as a Chairman of an IMB without my presence. I was determined to be there and try to uncover the ridiculous allegations against me. What a farce it was. I had been suspended from my role for 8 months and during that time was investigated twice by the MoJ.

During the investigation, I learnt that the article I wrote “Whistle blower without a whistle” in the Prisons Handbook 2016 was not an issue with the IMB Secretariat. The problem was that I spoke to the press. I was interviewed by my local paper ‘East Anglian Daily Times and by the ‘InsideTime’  prison newspaper. Suddenly my story was not only out in the open but was in every prison across the country.

Then came the prejudicial character assassination by both MoJ and IMB. I had struck a raw nerve. Three years previously the MoJ had commissioned Karen Page Associates to review the IMB. Conclusion was the IMB needed root and branch reform. They were so right, each board operating as a separate entity. There was nothing earth shattering about by article, I raised similar points to the review so why did the MoJ/IMB try to shut me down and silence me?

I believe it was a campaign initiated by a member of my board who had the audacity to send in additional material to the disciplinary hearing as he was scared that the decision would go in my favour and that I would reveal what was really going on in the IMB. It was rejected of course.

I didn’t realise that when you needed support or help in situations you faced as a member of an IMB it wouldn’t be available. There is so much I could say but basically the care team made up of members around the country that you could approach for support and guidance had been disbanded. So where difficult situations arose I was on my own.

Entering the hearing I was faced with a couple of familiar faces. The first panel member was on the executive committee for AMIMB. The same association that without permission had taken part of my article and printed it in their magazine and sent it to their members. So, no impartiality there.

I realised the MoJ had decided to change the terms of reference for the investigation without informing me, is that right?

The investigation was as a result of being suspended yet the direction and conclusion of the investigation had changed. I also found out the MoJ had been watching my every step for months and had a list of what I had said and when. Boy they were determined to silence me. I requested notes taken during the hearing and was disappointed but not surprised that so much that I had said was missed out. I don’t know what so-called “evidence” was sent to the Prisons Minister everything was done behind closed doors. They had made up their minds, nothing I could say or do would change that. Just as in the beginning of their campaign against me I knew there would not be fairness. Ironic that the IMB strapline is “Monitoring fairness and respect for those in custody”

Trying to silence me didn’t work

Since the hearing and at every opportunity without my hands being tied anymore, I have spoken out for positive change in the Criminal Justice System both locally and nationally.

I have met some amazing people, visited excellent schemes within prisons and worked with those I admire for their stand.

In trying to silence me the IMB/MoJ have given me a voice, a National voice. As I have said so many times before, I have never tried to raise my personal profile, for me the priority has been the issues I have raised. If you knew me you would understand this.

There have been so many that have walked beside me over the past year, some I have laughed with and some cried with. We have encouraged each other, we have shared our stories. I thank them all.

I am stronger now than I was a year ago and even more determined to play a part in the change that is needed within the Criminal Justice System.

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Contrarian Prize 2017 nominee

I feel proud to have been nominated for the Contrarian Prize for 2017 and thank you to Ali Miraj and the judges for considering me for this prestigious prize. My congratulations go to Professor Patrick Minford for winning the Contrarian Prize 2017.

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Ali Miraj with Faith Spear

This is the Mission statement for her Majesty’s Prison Service for England and Wales:

“Her Majesty’s Prison Service serves the public by keeping in custody those committed by the courts. Our duty is to look after them with humanity and help them lead law-abiding and useful lives in custody and after release”

 

I’m sorry but this is nonsense

 

  • The reality is that on average there is a suicide in prison every 3 days
  • Violence is on the increase
  • Self-harm is on the increase
  • Drugs are everywhere.
  • Prisons are overpopulated and under staffed.
  • Many prisoners are locked in their cell for up to 23 hours per day with little to do and little to eat.

 

Our prisons are in crisis but reform is taking too long. It has become a humanitarian issue.

 

Yet, for speaking the truth to those in power for prison reform I was bullied, ostracised, suspended and investigated by the MoJ for misconduct.

Despite a prejudicial character assassination against me, continuing to speak out for prison reform and for speaking to the press was, according to the MoJ, gross misconduct so the Prisons Minister dismissed me from the Independent Monitoring Board for 5 years.

 

I haven’t finished yet I’m just getting started. I assure you this I am not shutting up and I am not going away. I will put this nomination to work immediately by using my voice as a Contrarian to assure reform in the Criminal Justice System.

 

I’m not here to join the debate I’m here to change the debate…that’s what Contrarians do!       

On this day the only April fools are my critics

Today marks a year since my life was turned upside down.

 

On this day, one year ago, I accepted an invitation from the editor of The Prisons Handbook to write an article on my personal experiences of being a member of the Independent Monitoring Board (IMB) for the Prisons Handbook 2016.

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Door of opportunity: University Library, Cambridge

If I wrote it, he promised to publish it, and he did! You can find it on pages 20-23, after Michael Gove’s Foreward and just before the transcript of David Cameron’s speech on prisons.

Little did either of us realise the scale of interest from that one article.

Even before the book went to press I was catapulted into the media both local and National.

The local IMB board, IMB Secretariat, President of the National Council and National Council itself all decided that I needed to be shut up and shut up quickly.

The bullying started, then the intimidation, then the lies and then the prejudicial character assassination.

One Hollesley Bay IMB member who is still a member had the audacity to tell me that it would have helped if I had cried in front of the board whilst apologising for writing the article.

Call me contrary, but I make no apologies for having written the article. It was well grounded and factually correct, corroborated by the contents of the report by Karen Page Associates which the Ministry of Justice itself commissioned.

I did apologise for any offence caused as that was not my intention. The issues I raised are as important now as they were a year ago, I haven’t seen enough progress in any of the points I carefully considered and wrote about.

Those who truly know me can understand why I spoke out so passionately and continue to do so. I was given a platform which I took eagerly but never expected the venom, backlash, and dirty tactics by the IMB and MoJ in trying to destroy me my reputation and my working life.

But I have remained and will continue to remain steadfast in the knowledge that I spoke the truth and ultimately that’s all that matters.

My life has been turned upside down but I’m in some way I’m grateful for that. I have had the privilege to meet some of the most extraordinary people both in and out of prison and I have no regrets.

So, I’m not shutting up and I’m not going away

I’m #justgettingstarted

Join the conversation on Twitter:  @fmspear #justgettingstarted

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Over 60,000 allocated visits in prisons by the IMB

Did you know that there are between 60-65,000 allocated visits by the IMB to Prisons and Immigration Removal Centres each year?

This allocation is dependent on the money available for expenses such as travel and subsistence. But that is not the actual number of visits.

I can reveal to you for the first time that since April 2016 HMP/YOI Hollesley Bay, an open Cat D prison, only achieved 58% of its allocated visits.

That cannot be effective monitoring and yet the MoJ has repeatedly told me that effective monitoring is going on there. Really?

How many more prisons do not satisfy their allocations?

If the projected percentage of allocated visits turns out to be 58% in terms of actual visits across the custodial estate then monitoring in YOIs, HMPs and IRCs is dangerously low. It also means that this part of the National Preventative Mechanism (NPM) is dysfunctional.

The IMB is very topical on Twitter now and that’s not just because of my story.

There are many vacancies on boards from Cat D open prisons to closed and remand prisons. It’s not a glamorous job, you need passion, determination, time, and a true interest in the welfare of prisoners and the mechanisms of the prison estate. Oh and you won’t get paid, there are no guarantees that your voice will be heard and there is a lack of support from IMB Secretariat. If you can get beyond all that, apply.

Some IMB members only visit wings to retrieve applications from the IMB boxes and perhaps to speak to those that have asked to see them. But if the IMB members are regarded by prisoners as practically useless,  having no influence and are part of the MoJ then what are tax payers paying for?

Annual Reports

Every IMB is required to write an Annual Report. However, by the time it is published it is so out of date that it precludes any chance of swift meaningful action to resolve issues and will be filed away to collect dust just as previous years.

Am I being harsh? NO.

I have spent hours and hours preparing, collating, and writing Annual Reports. I was determined that the 2015/16 Annual Report for HMP/YOI Hollesley Bay would be different, that it would not be cut and paste as previous years. But there will be no Annual Report for 2015/16. I don’t even know where all the preparations went it was abandoned when the HBIMB ambushed me on 19th April and ostracised me in reprisal for speaking out for reform.

I recently learned that HMP Doncaster didn’t publish an Annual Report and it does not even have an IMB board. When the Chair left the board followed and it then had to rely on members from other prisons dual boarding.

So how many other IMB’s are suffering from similar dilemmas?

Updated 07 March 2017

Its even worse at HMP/YOI Hollesley Bay than I revealed when I posted this blog on Sunday.

Information made available to me show new figures for the actual number of visits is even lower.

Allocated visits were 354 actual were 204. New figures allocated visits 354 actual were 196. 

Just 55%, Lousy performance means that when monitoring is not effective it places people in custody and people who work there at higher risk.

 

 

 

Sorry, can you speak up?

The Independent Monitoring Boards (IMB) and the Association of Members of the Independent Monitor Boards (AMIMB) have been invited to give oral evidence to the Justice Select Committee on Tuesday 31st January 2017.

We will all watch with interest.

Especially since neither IMB or AMIMB have a voice.

The two bodies have not conducted themselves well in my opinion and in my experience. And have been ‘at loggerheads’ with each other for years.

Lack of support they show for their members is as shocking as it is lamentable.

It’s clear that I’m far from alone in thinking this; many others know it to be true but are, for the moment anyway, unable to vocalise it publicly for fear of reprisals, similar to those dished out to me.

 

UPDATED Wed 1st Feb

Well, did you attend or watch online?

In your opinion, how did they do?

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