The
Committee consisted of the following
Members:
Chairman:
Mrs.
Janet Dean
Betts,
Mr. Clive
(Sheffield, Attercliffe)
(Lab)
Burrowes,
Mr. David
(Enfield, Southgate)
(Con)
Butler,
Ms Dawn
(Brent, South)
(Lab)
Hanson,
Mr. David
(Minister of State, Ministry of
Justice)
Heath,
Mr. David
(Somerton and Frome)
(LD)
Hesford,
Stephen
(Wirral, West)
(Lab)
Howarth,
David
(Cambridge)
(LD)
Hurd,
Mr. Nick
(Ruislip-Northwood)
(Con)
Keen,
Alan
(Feltham and Heston)
(Lab/Co-op)
Khan,
Mr. Sadiq
(Tooting)
(Lab)
Marsden,
Mr. Gordon
(Blackpool, South)
(Lab)
Moran,
Margaret
(Luton, South)
(Lab)
Rifkind,
Sir Malcolm
(Kensington and Chelsea)
(Con)
Ryan,
Joan
(Enfield, North)
(Lab)
Scott,
Mr. Lee
(Ilford, North)
(Con)
Whitehead,
Dr. Alan
(Southampton, Test)
(Lab)
Wilson,
Mr. Rob
(Reading, East)
(Con)
Celia Blacklock, Edward
Waller, Committee
Clerk
s
attended the
Committee
Fourth
Delegated Legislation
Committee
Wednesday 28
November
2007
[Mrs.
Janet Dean
in the
Chair]
Secure Training Centre (Amendment) Rules 2007
2.30
pm
David
Howarth (Cambridge) (LD): I beg to move,
That the Committee has
considered the Secure Training Centre (Amendment) Rules 2007 (S.I.
2007, no. 1709).
It is a great
pleasure to serve under your chairmanship, Mrs. Dean. I
thank you for calling me first in the debate, which is because of all
the hon. Members who originally prayed against the rules, I seem to be
the only one who has made it to the
Committee.
By way of
background, the secure training centre rules currently confine the use
of physical restraint in training centres to three particular
situations: first, to prevent escapes; secondly, to prevent harm either
to a young person who is detained or to any other person; and thirdly,
to prevent damage to property. There is also a fourth example of
inciting other trainees to escape or to harm another person. The rules
would change the situation by adding a more general catch-all clause to
allow the use of physical restraint for the good order and discipline
of the institution.
The physical restraint under
discussion is not exactly gentle. It includes pushing a
trainees thumb into the palm of the hand, using knuckles on the
lower rib of a trainees back by exerting pressure on the lower
rib and using upward pressure on the lower part of the trainees
nose. Those techniques are often described using euphemistic language
such as distraction techniques, but that should not
disguise the fact that such techniques are, in essence, physical
violence.
It is also
true that the techniques are not used infrequently. There are four
secure training centres in the country, and during 2005-06, the most
recent year for which I have figures following a parliamentary question
from my noble Friend Lord Carlile of Berriew, the techniques were used
on about 3,000 different occasions. That means that, given that there
are about 250 trainees at any one time in those institutions, the
techniques are used on average once per month per trainee. In reality,
however, they are not used in that equal or average waythey are
used on particular trainees a great number of times and on other
trainees not at all.
There is also the problem of
discrimination, because the techniques are used disproportionately on
girls and on members of ethnic minorities. Lord Carlile carried out an
investigation into the use of restraint for the Howard League for Penal
Reform, which was published last January. He listed a number of
findings and recommendations, but the most important was that despite
the training that is undertaken and the fact that the great majority of
staff act properly in the use of such techniques, some staff on some
occasions use restraint improperly. For example, they use it simply to
secure compliance with instructions or as a punishment when instructions
are not obeyed. He was even told that handcuffs are used in at least
two training centres.
Lord Carliles
investigation was prompted by the death of 15-year-old Gareth Myatt on
19 April 2004 at the Rainsbrook secure training centre, where he had
been for four days. He was a small boy of 4 ft 10 in, weighing less
than 7 stone. From the inquest into his death, it appears that there
was a dispute between him and staff about whether he should clean up
after himself after he had made some toast. He was sent to his room and
locked in. Two members of staff went to his room to discuss his
behaviour with him. He became very agitated, and staff said that they
would have to start taking property out of his room, and they began to
do so. As they were taking a piece of paper on which he had written his
mothers new mobile telephone number, he became very angry and
started to swear. The two members of staff then restrained him, and
were holding him on the bed when a third member of staff arrived. Using
a technique that was, at that point, approved, Gareth was put into a
hold with his body pushed forward, his head held by one member of staff
and his upper body held by the other two, but he was too small and weak
to sustain that position, and said that he could not breathe. One of
the officers said, If you can shout at us, you can certainly
breathe, but he could not. He vomited, lost consciousness and
never regained consciousness.
The inquest ruled that
Gareths death was accidental, but the jury found that there had
been inadequate assessment of the safety of physical restraints
generally, including the technique used on Gareth. It found that the
lack of assessment had contributed to Gareths
death.
We must also
consider the death of 14-year-old Adam Rickwood, who was one of the
youngest people ever to die in custody. He committed suicide in the
Hassockfield secure training centre in 2004, but the inquest into his
death was completed only in May. In the hours before his death, Adam
was subjected to physical restraint by four members of staff using the
so-called nose distraction technique, which caused his
nose to bleed for an hour. None of the circumstances of his case met
any of the rules or requirements for the use of restraintthe
incident arose because he refused to go to his room. However, it was
clear from the inquest that it was entirely commonplace to use that
sort of restraint as a punishment to enforce compliance with staff
requests, without any regard to the restrictions placed on staff by the
rules.
The
order will change the legal situation not by strengthening the
safeguards as one would have hoped, by, for example, requiring greater
supervision for restraint or a medical assessment of the risks, but by
making physical restraint for disciplinary purposes legalin
reality, that means physical punishment. Other hon. Members who object
to the rules and I feel that that should not be done, for reasons that
were put with great clarity in the House of Lords in a debate on the
subject in the last Session, especially by my noble Friends Lord
Carlile and Lord Dholakia. The first and most important reason to
object is that violence in circumstances in which there is no threat of
escape or of harm to anyone, including staff and other trainees, and no
threat to property, is inherently disproportionate.
Secondly, violence in those
circumstances, when it is used for those purposes, sets a bad example.
One way of predicting which youngsters will become violent and criminal
in general is identifying those from violent homes. What lesson would
the secure training centreI emphasise the word
trainingbe teaching? The lesson would be
discipline through violence, which is precisely the same thing that
causes the most appalling outcomes for youngsters in their families.
Why should the state be allowed to act in a way that might lead a
parent to become subject to a parenting order or care
proceedings?
Thirdly,
the rules legitimate the small minority of staff who are too ready to
use violence and undermines the professional majority who look for
other ways to defuse situations and to secure
compliance.
Fourthly,
the rules make violence against youngsters more likely. We know from
the cases that I have described that even authorised violence can prove
dangerous and sometimes
fatal.
Hon. Members
may have seen the Youth Justice Board briefing. It argues that there
are circumstances in which a refusal to obey staff instructions might
put staff at risk, but those are covered by the rules
alreadythe use of physical restraint when there is a risk of
harm to a person is permitted. The board also likens the situation to
one in which a young person swears at a teacher in school. As Lord
Dholakia said in the other place, that involves an extraordinary and
astonishing proposition. Whatever teachers powers in those
circumstances, they do not include the use of physical force of the
type authorised in secure training centres.
The Minister will doubtless say
that there is a code of practice in addition to the order. The code of
practice lays out a number of rules and principles about how to conduct
restraint. However, the code has no legal or statutory force and
provides for no extra supervision of
restraint.
Finally,
there is a specific reason why the amendments to the rules should not
go forward. In the Lords debate, the Government promised to set up an
official independent review of the use of physical restraint in youth
offender institutions under an independent chair. I understand that
that has now been set up and that it has a timetable, but, obviously,
it has not yet reported. The Government should hold off making changes
until the results of the review have been received and properly
digested.
The
Minister of State, Ministry of Justice (Mr. David
Hanson):
Does the hon. Gentleman think that I should
ignore the coroners recommendation to change the rule before I
await the outcome of the review that I have
established?
David
Howarth:
I am coming to that. Changing the rule by itself
in these circumstances gives entirely the wrong message to the service.
It is no excuse that the private organisations that run the secure
training centres are anxious to avoid breaching their contracts, which
might be part of what the Minister is saying, unless this change is
made. Those organisations should obey the law, and they should have
obeyed the law all the way through. I believe that the Government
should
withdraw the rules and return to the subject when they are fully
informed about what is going on in our youth offending institutions and
when they have a comprehensive proposal for
reform.
2.46
pm
Mr.
David Burrowes (Enfield, Southgate) (Con): It is
a pleasure to serve under your chairmanship
Mrs. Dean, which often seems to happen when we are dealing
with particularly sensitive or controversial issues. This afternoon is
no exception.
First,
I welcome this debate which arose from the early day motion signed by
the hon. Member for Cambridge and others. It is important that there is
proper debate about the rules. Indeed, there was a welcome debate in
the other place on 18 July.
Secondly, I should like to
acknowledge the important background to the rules. Numbers have been
mentioned by the hon. Member for Cambridge, and it is important to
recognise the extent of the use of restraint in our secure training
centres. There are 250 young offenders in those centres, and between
February 2006 and March 2007 there were 2,574 recorded instances of
restraint against them, which is a relatively large number. Of those
recorded instances, 169 involved distraction techniques, to which the
hon. Member for Cambridge has referred. They involve the inflicting of
pain by bending the thumb forwards or down, hitting the nose from
underneath and using the knuckles to hit young people in the ribs.
Force must be used proportionately and reasonably. Concern has
been raised about distraction techniques, but we should also
acknowledge that care needs to be taken in relation to all instances of
restraint.
The
important background to the rules was outlined by the hon. Member for
Cambridgethe tragic deaths of Gareth Myatt following restraint
and the suicide of 14-year-old Adam Rickwood. We
should recognise those individual tragedies, the work undertaken by
hon. Members on a cross-party basis and by the hon. Members who
represent the constituencies where Gareth Myatt and Adam Rickwood
lived, and the work of the hon. Member for Northampton, North (Ms
Keeble) to bring this issue to the attention of the
House.
The
background is important and it has undoubtedly led to responses from
the Government, the most welcome of which is the joint review, which I
understand will report on 4 April. The remit of that review is also
significant: it will deal with the operational efficiency,
safetyincluding medical safetyand ethical validity of
restraint methods used in juvenile secure settings, including physical
control in care, which is the system of restraint used in secure
training centres; and the circumstances in which they may be used. The
review will also look at the system of training provided to staff using
restraint in juvenile secure settings, including how such training is
monitored, reviewed and accredited. It is important to examine both the
use of restraint and the training of
staff.
The other
aspect we should consider is the legislative background to the
statutory instrument, which implements the provisions of section 9 of
the Criminal Justice and Public Order Act 1994. The list of custodial
duties therein includes a duty
to ensure good order and
discipline,
and subsection (4) gives
the
power to use reasonable force
when necessary.
That
legislation led to the 1998 rules, but they did not include reference
to order and discipline. I invite the Minister to outline the rationale
that exclusion, despite the duty contained within the 1994 Act, and to
explain why, since that time, it has not been felt that there is a need
to extend the rules to cover order and
discipline.
It appears
that the rules we are debating are a direct response to the tragic
deaths of Gareth Myatt and Adam Rickwood. In some ways, it is a
perverse response to those tragedies. The question that needs to be
asked is about the timing of the review: why has it come at this stage
and as a result of the inquests into those deaths in custody? Before
and around the time of the deaths of Gareth Myatt and Adam Rickwood,
there were calls to respond to such tragedies by ensuring that there
were adequate guidance, training and inquiries, rather than by
extending the powers to restrain young offenders. We should consider
whether an early response should have been to look carefully at how to
ensure that there is proper consideration of non-physical methods for
dealing with discipline and restraint.
I emphasise
that the dedicated staff who have to deal with incidents involving
young offenders in secure training centres do an excellent job in very
difficult circumstances. They often have to deal with young people who
have a background of violence, abuse, drug and alcohol problems and
mental health problems. The staff have a difficult task and we should
pay tribute to those who go about their duties in an honourable
fashion.
However, we
also need to acknowledge that there are rogue members of staff. They
are not exclusive to secure training centres; there may be rogue staff
in police custody suites, secure accommodation, or young offender
institutions, as there are in all areas of life. We must ensure that
staff are properly trained and receive appropriate guidance. I
understand that staff receive initial training in the use of restraint
and an annual refresher course thereafter. I invite the Minister to
provide details of the training available now to deal with
circumstances in which restraint needs to be used. I appreciate that
that will form part of the review, but it is important to have details
and reassurance now that the power in the rules will be used
properly.
We must
acknowledge that in certain instances young people themselves may want
to provoke the use of restraint to get attention or to vent their
anger. We should ensure that the necessary time and resources are
provided for purposeful physical activity in secure training centres,
to draw young offenders away from an environment that encourages
violence and a response of violence and towards an environment that
encourages purposeful activity and rehabilitation and diverts those
offenders who may be of a violent disposition into non-violent
activities.
The
extension of the 1998 rules puts greater responsibility on staff in the
secure training centres. The Howard League for Penal Reform says that
the widening of conditions under which restraint can be used puts even
greater responsibility on the forthcoming Government review to identify
improvements. It says:
Rather than deal with
this, the Youth Justice Board changed the rules. The original rules
around restraint were very clear, but
then the YJB added that it could also be used to maintain good
order and discipline. The YJB argued that it clarified things,
but what it actually means is more
vagueness.
I hope that
the Minister will be able to respond to concerns that the new rules
lack the necessary
clarity.
The
explanatory note states that the purpose of the extension is to provide
certainty where there is now uncertainty. I ask the Minister to say
what uncertainty has arisen as a result of the 1998 rules and to
provide evidence of the assertion in paragraph 7.4 of the explanatory
notes
that:
Physical
restraint of young people in custody should be used only as the last
resort, but there can be occasions where lack of a clear power to
secure compliance with instructions may put the safety of the
establishment as a whole at risk or at least make its running extremely
difficult.
Is there
evidence of cases in which the lack of a clear power has had those
effects, beyond those tragic cases of Gareth Myatt and Adam Rickwood?
Is there evidence to justify the extension of the
rules?
In respect of
the application of the use of force to good order and discipline, the
other place sought reassurances from the Minister that the provision on
the use of force was not a catch-all provision and that, as the 1998
rules stated, force should be used only where necessary. I draw the
Ministers attention to rule 38 of the 1998 rulesthe
important provision that the restraint should be used
only where no alternative method
of preventing the event...is
available.
It is
important that we have an assurance that the use of force to provide
for good order and discipline will be a last resort, used only after
alternative, non-physical methods have been tried. It would be helpful
if the Minister provided the same reassurance as Lord Hunt of Kings
Heath gave when he
said:
A threat
to good order and discipline is more than a simple refusal to follow an
instruction from a member of staff. It must involve behaviour which
puts the safe running of the wider establishment at
risk.[Official Report, House of Lords, 18 July
2007; Vol. 694, c. 305.]
That is
a high threshold to reach before force is used and it is important that
it is clarified, to reassure the Committee.
It would be helpful, too, to
have an assurance about the use of force that causes most
concernthe distraction techniques, which involve a high level
of force. There is concern that such techniques are often used
disproportionately and unreasonably. It is important that we receive
some assurance that there is guidance on the use of distraction
techniques. Is there additional training beyond the initial course
and the annual refresher course on the use of those
techniques?
Has any
progress been made following the debate on 18 July 2007? Then, Lord
Hunt referred to
the
trial and evaluation
of a modified version of a control and restraint system used by the
Prison Service, which emphasises de-escalation
techniques.[Official Report, House of Lords, 18
July 2007; Vol. 694, c.
306.]
What
progress has been made in relation to that version and a new assessment
of compliance with a code of practice? What progress has been made in
researching literature on behaviour management approaches used in
different parts of the world? Although it is conceded that much of this
will form part of the review, which is
to report in April, it is important that we learn what progress has been
made so far in improving the standard of training in the use of force
and its application.
Reference has
been made in previous debates to other ways to provide a more
appropriate level of training. One area involves restorative justice
approaches to manage difficult behaviour, and reference has been made
to the piloting and evaluation of those methods. It would be
interesting to hear whether we will see any evaluation of those
approaches before the review reports in April.
It is important that a full
review is being undertaken. It is welcome that the review is
independent and that its two chairmen have experience in public
service, in the social service field and in dealing with children. It
is also welcome that it is a joint review, which emphasises our concern
to ensure not only proper security and safety, but the welfare of
children. We await the outcome in April. The review will provide a
better context in which to consider the extension of the rules and to
ensure that we have that necessary assurance that the use of force can
be dealt with appropriately. For the sake of the lost lives of Gareth
Myatt and Adam Rickwood, and for the sake of the safety and security of
staff and all our young offenders, it is important that the Government
act on the coroners recommendations and that action is not
delayed unduly by the reporting from the review. We need an assurance
that everything possible is being done now to ensure that force is only
used appropriately and as the last resort, and that staff are
sufficiently trained, so that we have secure training centres that are
secure and
safe.
3.2
pm
Mr.
Hanson:
May I welcome you to the Chair of this Committee,
Mrs. Dean? You and I, as I am sure that you know, share the
unique distinction of being the only two pupils from the Verdin school
in Winsford ever to be elected to the House of Commons. It is great for
the history of that school to have you chairing and me as the Minister
on this
occasion.
Mr.
Sadiq Khan (Tooting) (Lab): What a
creep.
Mr.
Hanson:
My hon. Friends comment is on the
record.
I am grateful
for the opportunity to have this debate. I am pleased about the way in
which the hon. Members for Cambridge and for Enfield, Southgate have
introduced the debate. As both hon. Gentlemen will know, we have had
considerable debate on this topic, both in another place and in the an
ongoing review by the Joint Committee on Human Rights, to which I
recently gave evidence on behalf of the Government. There is an
opportunity today for a discussion of the reasons why the Government
have brought forward the recommendations on the amendment to the secure
training rules.
Let me
say at the outset that the safety of young people in secure training
centres is key and paramount for the Government. I will not shirk from
ensuring that individuals are safe in those establishments. As both
hon. Gentlemen will know, the tragic deaths in 2004
of Adam Rickwood and Gareth Myatt have caused concern.
On behalf of the Government, I regret that those deaths occurred, and I
regret that we have to examine the rules today in the light of
them.
Following
those deaths, as both hon. Gentlemen have mentioned, the
coroners report examined the issues in detail and made
recommendations to the Government on how we can make improvements in
the organisation of secure training centres to ensure that we prevent
further deaths and secure the safety of staff and the safety of young
people from both their peers and
self-harm.
Following
the coroners report, we received a number of recommendations. I
inherited the responsibility for the Youth Justice Board on 26 June
2007. The Under-Secretary of State for Justice, my hon. Friend the
Member for Lewisham, East (Bridget Prentice) tabled the secure training
centre amendment rules, but I supported her tabling those rules and
will explain the reasons why. In the light of the coroners
report, the coroner specifically asked that we clarify the issue
relating to the use of the secure training centre rules. The amendment
has been brought forward in the light of that coroners
recommendation.
As
both hon. Gentlemen have mentioned, the Criminal Justice and Public
Order Act 1994, which was the primary legislation governing the
establishment and running of secure training centres, provided for the
centres to be run by either the public or private sector, and it made
special provision for any centres that are contracted out. All four
centres that have so far been established are contracted
out.
Section 9 of the
1994 Act is headed:
Powers and duties of
custody officers employed at contracted out secure training
centres.
Subsections
(1) and (2) deal with officers powers to
search offenders or other persons at the centre. Subsection (3) lists
the duties of officers in respect of offenders detained in the centre.
The hon. Member for Cambridge outlined the powers and duties in detail,
but for ease of the Committee, they
are:
(a) to prevent
their escape from lawful custody;
(b) to prevent, or detect and report on,
the commission or attempted commission by them of other unlawful
acts;
(c) to ensure good order
and discipline on their part; and
(d) to attend to their
wellbeing.
As
my hon. Friends will recall, the 1994 Act was passed by the previous
Conservative Government. Section 9 also states that the powers arising
out of those duties shall include the power to use reasonable force
where necessary. That might seem fairly straightforward. However, when
we turn to Secure Training Centre Rules 1998, which are the
responsibility of the current Government, we find that rule 38, which
deals with the use of physical restraint, does not include
ensuring good order and
discipline
as one of the
purposes for which physical restraint may be used. The purposes under
those rules are to prevent a trainee from escaping from custody,
injuring himself or others, damaging property or inciting another
trainee to injure himself or others or to damage
property.
Mr.
Gordon Marsden (Blackpool, South) (Lab): This is clearly a
sensitive issue, not least in respect of the two cases concerned. I am
struck by the fact that the phrase
good order and discipline has been repeated on several
occasions during this debate by both sides. It is therefore a central
issue in terms of the proposed changes to the rules. In the light of
the introduction of the order, what definition of good order and
discipline has the Youth Justice Board given my right hon. Friend, or
what definition was sought following the coroners comments on
the two cases in question that brought the phrase into the proposal
before us
today?
Mr.
Hanson:
I am grateful to the my hon. Friend for his
question. The original phrase, as it appeared in the 1994 Act, was
good order and discipline. It was not defined in that
Act and it has not been defined in the secure
training centre rules to be amended in Committee
today. To emphasise the point, I shall refer to what my noble Friend
Lord Hunt said in another place. Good order and discipline does not
simply involve an incident where an individual does not go to bed, does
not remove themselves from a room, does not eat their lunch or dinner
or gives cheek to an officer in charge. The good order and discipline
power is a last resort, to be used in a breakdown of discipline and
good order in the centre. I can share with my hon. Friend, either in
Committee or outside, some instances in which good order and discipline
have been close to breaking
down.
In the light of
that broad definition, officers can take action to secure their own
safety and that of other staff or individuals in the centre, or to
prevent individuals from self-harming. We have deliberately not defined
it furtherthis goes to the heart of future debate on the
issuefor the reasons that both hon. Members have mentioned. On
assuming responsibility for the Youth Justice Board, my right hon.
Friend the Minister for Children, Young People and Families and I
supported the order, because the coroner asked us in his judgment to
clarify the rules for secure training centres against the 1994
Act.
Due to our
concern about considering the issues relating to secure training
centres, we established the need for a general review of the secure
training centre rules. The Committee will be pleased to know that we
have established that reviewI announced it on the last day of
the parliamentary term in July. The review will report to the Minister
for Children, Young People and Families and me by 4 April next
yearor, I hope, soonerand will encompass operational
efficacy, medical safety, the ethical validity of restraint methods,
staff training, arrangements for cross-departmental knowledge, the
respective responsibilities of my Department and the Department for
Children, Schools and Families, the Youth Justice Board and the Prison
Service, the responsibility of local safeguarding boards, and a range
of issues mentioned by the hon. Member for Enfield, Southgate,
including how to ensure that all forms of restraint become a last
resort rather than a first
resort.
Mr.
Burrowes:
I do not want to go back too far into history,
but the Minister has outlined the position in 1998 and the present
extension of powers. Does he know why the decision was made in 1998 to
exclude good order and discipline, which was in the 1994 duties, and
why the Government now feel that it merits
inclusion? Is it a result only of the coroners recommendations
and the two tragic deaths, or is there a wider policy
change?
Mr.
Hanson:
That is a good pointthe hon.
Gentlemans question is one that I myself have asked. I was not
the Minister responsible in 1998. I was in the House, but I was not
involved in discussions of the Bill. To be honest, I am not clear on
why it was not included then. Good order and discipline were included
in section 9 of the Criminal Justice and Public Order Act 1994, the
parent legislation, but when the order was passed for new secure
training centre rules in 1998, it was left out. I have asked officials,
but none of the officials who are dealing with the matter now dealt
with it then. We do not know why it happened, but for whatever reason,
good order and discipline were not included at the time. I suspect that
it was an oversight rather than deliberate
policy.
In examining
why Adam Rickwood and Gareth Myatt died, the coroner determined that
the parent legislation contained good order and discipline, but the
secure training centre rules, which were subservient to it, did not.
That caused confusion in establishing whether good order and discipline
powers could be used. We introduced the order as soon as the coroner
recommended that we clarify the matter by ensuring that the secure
training centre rules reflected the original legislation, and the rules
before the Committee will do
so.
As I have
explained, my right hon. Friend and I determined jointly when assuming
this office that we would review the question of restraint, which is
why we announced the joint restraint review. I hope that that will look
at not only training, efficacy and medical safety, but the whole
question of how to reduce the use of restraint and better training to
ensure that that is
reduced.
The
hon. Member for Cambridge mentioned the figure of 3,000, which Lord
Carlile also mentioned. I hope that it helps the hon. Gentleman to know
that the figures are reducing, the latest being for January to June
2007, when restraint was used 1,249 times in centres, of which 30 were
distraction techniques, which are difficult techniques used in
difficult circumstances. The level is reducing, and I want to encourage
that. I emphasise that that restraint was used not because officers
wanted to do so, but because of issues concerning staff safety, peer
group safety and
self-harm.
In
addition to the review and the coroners recommendation to bring
forward secure training centre rules, I have established a physical
care and control committee, which I chair. It will meet quarterly, and
it met for the first time early in November. It will look at the whole
training issue, and it consists of not politicians, except for me as
the Minister chairing it, but officials who deal with secure training
centres, prisons and local authority childrens homes. We will
consider training issues, and whether we should make any modifications
in the meantime while awaiting the review. That committee receives
evidence from a medical advisory panel on the use of holds. It
constantly monitors the use of secure training centre holds, and it
will advise me, as the Minister, on the security and safety of those
issues. If issues are brought to my attention, I will not wait for the
review, but take immediate action to examine any necessary changes in
policy.
I hope that I have assured the
Committee that there is a reason for the order. It has been brought
before the House, because the coroner wants clarity, and I hope that we
are providing it in the order. I have established a review to consider
the whole question of restraintits use, its efficacy and how to
ensure that there is proper training to reduce the amount of restraint.
I have also established a committee to oversee the matter in the
meantime, and I have established support from a medical committee to
give advice to the Government. We have acted positively following the
two tragedies of Gareths and Adams deaths, and we have
an opportunity to review once and for all how and whether restraint
should be used.
I
understand the concerns expressed by the hon. Member for Cambridge, but
I believe that I satisfied Lord Carlile in discussions with him, and I
hope that my assurances and the outline of our proposals have reassured
him.
3.17
pm
David
Howarth:
I thank the Minister for the way in which he
replied. I also thank the hon. Member for Enfield, Southgate for his
contribution and the hon. Member for Blackpool, South for his helpful
intervention. I fully acknowledge the Governments regret about
what happened and their intentions to put things right. I greatly
welcome the measures that Minister outlined towards the end of his
comments, especially the instigation of a medical committee, which is
vital. I certainly welcome the reduction in the use of such
techniques.
The
question before us is not whether the Government are doing good things
and have good intentions, but whether we should approve the
order.
Mr.
Hanson:
Does the hon. Gentleman think that I should ignore
the coroners recommendation to clarify the rules based on the
legislation, which is what the order is about, pending the review in
April?
David
Howarth:
That was the point that I was coming to. The
coroners recommendation to clarify could take us in one of two
directions. It could take us in the direction of legitimising what is
happening, or of saying that what is going on should not be allowed to
continueeither of those would be a clarification. The question
of which direction to go in must await the outcome of the review. If
the Minister wanted clarity, he could have put forward a different
order that would have provided clarity in the opposite
direction.
The Minister talked about the
duty to maintain good order and discipline. There is a legal duty to do
that, but it does not authorise the use of particular techniques. We
are talking about particular techniques of maintaining good order and
discipline, not the general duty. Furthermore, the issue is not about
reasonable force; it is about specific techniques that
we know to be dangerous in some cases and painful in many. The National
Society for the Prevention of Cruelty to Children and the
Childrens Rights Alliance for England doubt whether distraction
techniques should be used at all. It is not enough to say that the duty
to maintain good order and discipline should be read through all the
powers granted by legislation; there must be a specific justification
as to why those techniques should be used on those children for that
purpose, but that has not
happened.
I return to
the point about good order and discipline. The existing legislation
allows the use of physical restraint to prevent harm to any person,
damage to property or escape. If the law adds good order and discipline
to that, it must be about situations in which there is no danger to
people, no danger of damage to property and no threat of escape. That
is where the line should be drawn. Whether it was drawn there
deliberately or accidentally in 1998 makes no difference; that is where
it should be drawn. Beyond those circumstances, it is not justifiable
to use violence against children. On that basis, I still intend to
divide the
Committee.
Question
put:
The
Committee divided: Ayes 10, Noes
1.
Division
No.
1
]
Question
accordingly agreed to.
Resolved,
That
the Committee has considered the Secure Training Centre (Amendment)
Rules 2007 (S.I. 2007, no.
1709).
Committee
rose at twenty-four minutes past Three
oclock.