Contribution
I thank the Justice Secretary for advance sight of his statement, and I welcome the publication of this important review. The Government commissioned Jonathan Hall to produce his report following the very violent attack on three prison officers last April by Hashem Abedi—the man behind the Manchester arena atrocity. I pay tribute to the vital work done by the brave men and women of the Prison Service.
We should be frank about why separation centres are necessary. They house the most dangerous and radicalised terrorist offenders in the country. Charlie Taylor wrote in 2022 following an inspection:
“The centres were designed to be used for prisoners from any political or religious viewpoint, but so far, they have only been used for Muslim men”.
That should not be a surprise, because Islamist extremism is by far the gravest threat that we face, and attempts to pretend otherwise are not only cowardly but enormously counterproductive. MI5 says that 75% of its counter-terrorism work is focused on Islamists, and 61% of terrorist prisoners are Islamists, yet the figures show that only 10% of Prevent referrals are Islamists. The Justice Secretary was clear about the Islamist threat, but even then he felt the need to caveat his comments by saying that extremism in the prison estate takes many forms. Of course it does, but time after time, we hear people in positions of authority refer to acts of terrorism, antisemitic violence, and the poison of intolerance and hatred, without the bravery or honesty to name the ideology behind it all. Its name is Islamism, and it has no place in our country, but if we are afraid to be honest about it, we will never defeat it.
Mr Hall has said that in prisons,
“The impact of Islamist groups has been underappreciated for too long by the authorities.”
He has reported that Islamist gangs in prisons are too often viewed
“purely through the lens of good order and discipline”,
and governors believe that they
“can sometimes provide a degree of calm and stability”.
He has revealed that
“prison officers sometimes appeal to the wing ‘emir’ for their assistance in maintaining good order.”
When will prison inspectors be directed to investigate Islamist extremism? Will the Justice Secretary ensure that known problems, such as gang-enforced sharia courts in prisons, are investigated and reported on? Will he publish information on the number of religiously and ideologically motivated incidents in prisons?
The problems for prisons caused by our human rights laws are well documented. The Justice Secretary said that he would consider whether new laws are needed to limit litigation based on article 8 of the European convention on human rights. Making full use of the Sir Humphrey lexicon, he said that he was exploring the full range of options, but promised nothing concrete, and—as is obligatory in this Government of human rights lawyers—he pledged fealty to the European convention.
Let us consider the recent case of Sahayb Abu, an ISIS terrorist who planned to “shoot up a crowd” of civilians and is serving a life sentence. He was held in a separation centre and made subject to greater restrictions following the Abedi attack. He used article 3 of the convention—which the Justice Secretary did not mention—to argue successfully that his prison, HMP Woodhill, did not take into account his mental health. Will the Justice Secretary tell us how many prisoners are in the process of suing the Government, under the prison rules and European convention on human rights, to escape separation centres and close-supervision centres? What is he doing to prevent them from being awarded compensation? When will he decide whether he needs to legislate to limit the application of article 8? What will he do about article 3 claims like the one made by Sahayb Abu?
Should not the Justice Secretary be open about the reality of his commitment to the ECHR, which he repeated today? It means rights for criminals and terrorists like Sahayb Abu and Hashem Abedi, but danger for prison officers and the wider public. The Justice Secretary can say what he likes about legislating—perhaps, after careful consideration, and in the fullness of time—to avoid litigation based on article 8, but the simple truth is that, as long as we remain in the ECHR, he cannot guarantee a thing. And that is why we must leave.