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Welsh Ministers (Transfer of Functions) (No. 2) Order 2009

I thank the Minister for his thorough explanation of what this order does—or attempts to do. I have to say, although we are in Grand Committee, that we do not think that the order will achieve what the Government are setting out to achieve, and I will try to show the holes in it. When Ministers of the former Department for Education and Skills decided to make planning and funding prison education part of the Learning and Skills Council’s responsibility from July 2006, responsibility for prison education in Wales was raised as an issue for the Welsh Assembly Government to consider. In June 2007, the Welsh Assembly Government formally proposed that the responsibility for prison education in Wales be devolved to the Welsh Ministers. Education is provided in prisons pursuant to rules made under Section 47 of the Prison Act 1952 and functions under that section are exercisable by the UK Government. Since April 2006, the Department for Innovation, Universities and Skills has funded the National Offender Management Service in Wales—NOMS Cymru—for the delivery of prison education and training. It is clear also from the Explanatory Memorandum that the Welsh Assembly Government have a memorandum of understanding with NOMS Cymru in respect of the commissioning arrangements for educational provision in Welsh prisons. The Explanatory Memorandum makes clear that the transfer of functions would apply to the existing public prisons at Swansea, Cardiff, Usk and Prescoed and any other new prisons that may be built in Wales. The transfer would not, however, apply to prisons in the private sector which contract with NOMS Cymru. That means that Parc prison at Bridgend would be excluded from the transfer of functions order, although the Welsh Assembly Government would continue to work with NOMS Cymru, as at present, to ensure that there would be a consistent approach to the delivery of education and training across all prisons in Wales. We take the view that there are considerable dangers inherent in the proposed transfer of functions order. At present, there are 2,392 places for adult male prisoners in Wales. There are currently no places for female prisoners in Wales. According to a Parliamentary Answer from the Ministry of Justice dated 26 January 2009, as at 30 November 2008 there were 2,259 adult male prisoners detained in Welsh prisons. An Answer dated 19 January 2009 makes it clear that as at the same date, 30 November 2008, 1,199 prisoners were detained in Parc, one of the prisons not covered by this order. This means that only approximately half of the adult prisoners in Wales were detained in prisons which would be subject to the transfer of functions order. While the Explanatory Memorandum indicates that the Welsh Assembly Government would seek to work with NOMS Cymru with a view to maintaining consistency of service across the prison estate in Wales, it is an unacceptable paradox that the Welsh Ministers’ functions would relate only to prisons capable of containing half of the Welsh prison population. In June 2007, the Welsh Affairs Select Committee published its report, Welsh Prisoners in the Prison Estate. In it, the committee expressed its concern as to the generally low levels of educational attainment of prisoners. The committee identified education and training as a key component of the rehabilitation process undertaken with offenders in prison. A particular concern identified by the committee was the fact that the transfer of prisoners between establishments as they progress through the system can interrupt training and educational programmes: a lack of consistency. The committee noted that the Prison Service was struggling to implement the effective transfer of educational assessment data between prisons and between prison and community-based education providers. It noted that: "““The ineffective transfer of information on educational achievement can mean that individuals are repeatedly reassessed when transferring between prisons or into community settings””." The report urged, "““NOMS to promote consistency in education and training qualifications between prisons so that prisoners are able to continue their programmes if transferred””." There is consequently a need for consistency in education and training provision in prisons throughout the whole of England and Wales. Prisoners should have the opportunity to pursue courses based upon a consistent syllabus wherever in the country they happen to be detained. If a prisoner is moved to another establishment, his records should follow him and his new prison should be able, and indeed required, to ensure that the prisoner follows the same course at his new prison. That will not happen if a distinctly Welsh syllabus is pursued in prisons in Wales. A further difficulty arises in that many Welsh prisoners, indeed all female Welsh prisoners, are detained in prisons outside Wales. Similarly, many prisoners detained in Welsh prisons are not ordinarily resident in Wales. A Parliamentary Answer dated 19 January 2009 indicated that the latest available data, from September 2008, showed that there were 433 prisoners held in prisons in Wales with a home address outside Wales. Educational and, more particularly, training qualifications differ considerably between England and Wales. Given that some 20 per cent of the Welsh prison population is not ordinarily resident in Wales, it would appear paradoxical that such prisoners will be expected to follow courses prescribed by Welsh Ministers. We consequently oppose the proposed order. It would apply to only approximately half of the Welsh prison population. We consider the current arrangement, whereby NOMS Cymru works closely with the Welsh Assembly Government, to be superior, in that it permits the Welsh Assembly Government to continue to have input into the educational and training courses pursued in Welsh prisons, while ensuring that NOMS Cymru retains overarching responsibility for education and training and can provide courses that are equally relevant to Welsh and non-Welsh prisoners. Before this order goes to the Chamber for approval, I sincerely hope that Her Majesty’s Government will rethink it.