APPENDIX 17
Memorandum submitted by HM Prison Service
INTRODUCTION
1. While the threat of Al Qaeda inspired
terrorism is new, HM Prison Service has significant experience
of holding prisoners convicted of, or suspected of being involved
in, terrorist offences.
NUMBERS
2. On 23 October 2007 there were 130 prisoners
held under TACT (Terrorism Act) or for TACT related offences in
prisons in England and Wales. Of this 130, 59 were on remand,
48 were convicted, 7 were held under BIA powers as detainees,
10 were held under Home Office powers awaiting extradition and
6 others were held for offences related to terrorism; either members
of domestic terror groups such as the Provisional Irish Republican
Army (PIRA) or individuals whose methodology is similar to terrorist
organisations although they themselves are not known to be affiliated
to any specific group.
3. One hundred and thirteen of the 130 were
held in High Security Prisons with 49 of them held at Belmarsh,
40 of whom are on remand there. Of the 113, 26 were High Risk
Category A, 74 Standard Risk Category A, 3 Category B, 1 Category
C and 9 yet to be categorised. Of the remaining 17 held outside
High Security Prisons in lower category prisons, many are either
individuals on the periphery of Al Qaeda inspired terrorist groups
or are members of groups such as the Palestine Liberation Organisation
(PLO) or Democratic Revolutionary Movement for the Liberation
of Arabistan (DRMLA) imprisoned for offences committed in the
1970s and 1980s.
4. Of the 130, 50 are self-declared foreign
nationals and 7 are nationality unknown. They come from across
North Africa, the Middle East and the Indian Subcontinent, with
Algerians and Jordanians representing the largest groupings.
STRATEGIC MANAGEMENT
5. HM Prison Service has a long-standing
policy of dispersing prisoners assessed as Category A around High
Security Prisons. This has a number of benefits: it prevents large
groupings of the most dangerous prisoners being formed; it disrupts
attempts to continue their criminal activities; allows better
monitoring and tactical management; and allows for the creation
of purposeful regimes within a framework of effective security.
Historical evidence from around the United Kingdom demonstrates
that concentration of terrorist prisoners can have negative outcomes;
with the management of HMP The Maze in Northern Ireland a striking
example of the effects.
6. Given the London-centric focus of the
counter-terrorism aspects of the Criminal Justice System, including
the Police and HM Courts Service, most remanded TACT and TACT
related offenders are held at HMP Belmarsh. However, post sentencing
most prisoners are dispersed around the High Security Estate based
on a vigorous risk assessment, input from key partner agencies
and the offending behaviour and resettlement needs of the prisoner.
7. HM Prison Service treats all prisoners,
regardless of offence, equally. There are no plans to implement
"Special Category" status for terrorist prisoners; we
regard terrorists as we regard all prisoners: with criminogenic,
personal and resettlement needs that require addressing.
HMPS PROGRAMME OF
WORK
8. In March 2006, HM Prison Service set
up the Extremist Prisoners Working Group (EPWG) to examine the
nature, scale and scope of extremism and radicalisation within
prisons in England and Wales. This group contained representatives
from senior operational and intelligence staff from across the
prison estate, the Prison Service Muslim Advisor, Prison Service
Muslim chaplains, Home Office, National Offender Management Service,
Office of the National Co-ordinator for Special Branch, Metropolitan
Police Service Counter Terrorist Command and the Security Service,
along with expert academic support. Its recommendations, published
in February 2007, identified five key workstreams for implementation
by a dedicated HMPS unit.
9. HM Prison Service is committed to delivering
an extensive programme of work, set out by the EPWG, to tackle
extremism in prison. It is divided into five core strands:
— training and Awareness Raising;
— information and Intelligence Gathering
and Analysis;
— countering Radicalisation and Facilitating
De-radicalisation;
— tactical Management of Prisoners;
and
— development of Policy and Procedure.
10. HM Prison Service is actively working
with its partner agencies to manage issues around extremist prisoners,
ensuring that they are dealt with in such a way as to maximise
public protection. The Prison Service's work is part of the Government's
CONTEST (counter terrorism) strategy. We discuss operational and
strategic issues with our partner agencies on a regular basis.
11. HM Prison Service is developing an approach
to allow it to challenge extremist ideologies and behaviours and
has recently issued guidance to all frontline staff on what to
look out for and report on, alongside oral briefings to prison
governors. Whilst HM Government assesses Al Qaeda inspired extremism
to be the greatest risk, we are also concerned with other extremists
within the prison population including:
— dissident Irish republicans;
— anarchist, anti-globalisation or
anti-capitalist groups;
— animal Rights/Liberation activists;
and
— members of the far right.
12. HM Prison Service is committed to diversity
and is working to ensure that actions against extremists neither
stigmatise Muslim prisoners nor alienate them. We are actively
working with Faith and Race Advisors to ensure that training and
operational practice targets only those who may be involved in
extremist or terrorist activities. We acknowledge that faith can
play a positive role in the lives and rehabilitation of prisoners,
and there is no suggestion that legitimate expressions of faith
are in any way indicative of radicalisation or extremism.
CONCERNS
13. HM Prison Service is managing a number
of serious risks with these groups of prisoners, including, but
not exhaustively:
— disruption and/or disorder in prisons;
— radicalisation of other Muslims or
non-Muslims;
— terrorist/criminal activity commissioned
by those in prisons; and
— serious crimes being perpetrated
within a prison.
14. These risks could result in inadequate
public protection. We are managing and mitigating these risks
through the extensive programme of work in outlined in paragraph
nine. However, we are concerned that without significant additional
funding we will be unable to properly manage these risks.
15. Increased numbers of arrests for TACT
offences is resulting in a growing number of prisoners remanded
or convicted for those offences. We are working with key colleagues
across government to assess the likely volumes of terrorist prisoners
in future years.
MINISTERIAL OVERSIGHT
16. Jack Straw MP, Lord Chancellor, it to
take up chairmanship a quarterly Ministerial meeting attended
by Ministry of Justice and Home Office Ministers to take stock
of prison matters across the CT spectrum.
17. Furthermore, David Hanson MP, Prisons
Minister receives quarterly briefings on the programme of work
being taken forward by HM Prison Service. This is supplemented
by further ad hoc briefing where notable or newsworthy matters
occur. The Minister has been sighted on the invitation by the
Home Affairs Committee that officials present oral evidence and
is content this happens.
October 2007
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