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Sunday, April 03, 2011

Animal pictures of the week: 1 April 2011

Animal pictures of the week: 1 April 2011

A giant vulture and a hungry jackal fight over a pile of bones. Photographer Stephen Earle snapped the scene from a hide as the two animals battled at Giant's Castle Game Reserve in Kwazulu Natal, South Africa. The vulture backed away following a one-minute stand-off with the black-backed jackal. Picture: Stephen Earle/solent

Mr Neep says: "My photograph of the lioness with her offspring is my favourite. I liked the way she licked her cub because it reminded me of a human mother wiping dirt from a child's face with a tissue." Picture: Elliot Neep / Solent News

More pictures here.

A prisoner's lot is not a happy one, neither is it for prisoners families

A prisoner's lot is not a happy one, neither is it for prisoners families

Lord Foulkes of Cumnock:"My view is that the decision of the European Court of Human Rights is correct. Once an offender is sentenced, he is fined or jailed. The appropriate sentence is decided on by the court and it is the punishment that the offender should receive in relation to their offence. In fact, the offender suffers a great deal more than that, especially by being jailed. Almost inevitably the person in jail will lose their job and will not go back to it afterwards. Prison has a huge effect on children and families and there is a loss of status and position within society. All those factors are part of the punishment that the offender faces. Is the decision of the court therefore not punishment enough? Why, on top of that, should offenders lose the right to vote? Voting is a fundamental human right and I cannot see any logical argument for withdrawing it other than wishing to punish someone over and above the sentence decided on by the court".

(Source)

Just a thought...

Does David Cameron intend to produce a doctor's note confirming he's physically ill at the thought of giving prisoners the vote?

Crooked tax dodger pays for dodgy report

Crooked tax dodger pays for dodgy report

Prisons must be tougher, says survey

The Coalition's law and order policies have failed to win public backing, according to a major new survey which found widespread support for tougher punishments.

By David Barrett, Home Affairs Correspondent 9:00PM BST 02 Apr 2011




"The research found a huge majority of the public do not back the community sentences which Kenneth Clarke, the Justice Secretary, wants to see used instead of short prison sentences.

The poll, the largest piece of independent research into public thinking on crime and punishment since the General Election last year, suggests little support for community punishments and demand for tougher prison conditions.

The poll of more than 2,000 adults, 1,000 victims of crime and 500 police officers found...".

Comment: This is questionable "independent"? Instead of funding this, perhaps Lord Ashcroft should be paying his taxes? And, when is this nondom going to honour his agreement to be a resident of the UK? Perhaps, we can now have a poll to see whether the public agree with David Cameron's policy of allowing MPs to continue to fiddle their expenses?

A poll of 2,000 people including 1,000 victims of crime and 500 police officers. That's 75% with grudges against offenders being asked whether prison should be tougher. So much for independent and being representative and balanced!

BILL FOR LAGS

BILL FOR LAGS

By Gareth Dorrian, Daily Star Sunday, 3rd April 2011


PRISONERS who tried to win compensation for not getting a vote in the General Election have been slapped with a hefty legal bill.

They will have to cough up thousands in court costs – after the High Court blocked their bid to win cash.

The Ministry of Justice has sent letters to 585 inmates in jails across the UK, demanding £76 each.

The UK’s veto on prison votes has been slammed by the European Convention on Human Rights – but MPs last month voted to keep the ban.

All inmates involved will have 14 days to pay their part of the £44,688 bill – and they will be dragged through the civil courts.

A Ministry of Justice source said: “Inmates are furious after getting these letters.

“They can’t understand why they have to foot the bill for the failed legal challenge.

“If they want to be treated like ordinary members of society, then they’ll have to pay their way.”

Serving prisoners earn only around £8 a week. One, Peter Thirlaway, of Wealstun jail in West Yorkshire, told monthly newspaper Inside Time: “I have absolutely no way of paying this as all my assets were seized after my ‘proceeds of crime’ hearing.

“This serves to emphasise the fact we are not welcome in society, no matter how much lip service is paid to the rehabilitation of offenders.”

The Coalition is being pressured by the European Court of Human Rights into allowing inmates the privilege of a vote.

But David Cameron said he was “absolutely horrified” at the thought of the law being changed.

Stop prisoners from voting? That's criminal

Stop prisoners from voting? That's criminal

What is it that makes otherwise rational people foam at the mouth at the mention of votes for prisoners?

By Kevin McKenna, The Observer, Sunday 3 April 2011


Kevin McKenna

If we could discover a set of indices to measure a country's degree of enlightenment then Scotland, I'm sure, would be up there with ancient Greece. In this country we extend free care to the sick, the dying and the vulnerable. We strive to give our brightest children a university education without them facing a lifetime of debt for the privilege. Devolution has made the business of political philosophy a bear market. A flotilla of pamphleteers and soothsayers have attached themselves to Holyrood writing treatises on how our lives can be made better. It seems they are on a crusade to ensure that every ounce of our human existence can be examined, codified and explained. Strategies for improvement are always prescribed and these nearly always begin with the words "… if only we had full fiscal autonomy".

Yet in one area of our Scottish existence the nation still clings to medievalism in its approach. Our attitude towards prisoners and penal reform is one that Torquemada would have recognised: find many of them guilty; build more prisons to hold them and make life as uncomfortable for them as possible when they're there. Addressing the House of Commons 101 years ago home secretary Winston Churchill said: "The mood and temper of the public in regard to the treatment of crime and criminals is one of the unfailing tests of the civilisation of a country." If that is true then Scotland and the UK as a whole is has hardly emerged from the Jurassic period.

Last week, George McGeogh, a Scottish prisoner currently serving a sentence for murder, appealed to the Court of Session to be allowed the right to vote in the Holyrood election on 5 May. At Westminster, the prime minister, David Cameron, is fighting a rearguard action against the European Court of Human Rights over prisoners' voting rights. It is a battle he is destined to lose as Strasbourg has pointed out something that anyone remotely concerned with human rights will tell you: the UK is grotesquely out of step with the rest of western civilisation on this issue.

Thus Jim Wallace, the advocate general for Scotland, will duly oppose McGeogh's petition on behalf of Westminster. Wallace has form in this area and ought to be wary. Mr McGeogh's solicitor is Tony Kelly, one of the UK's leading human rights lawyers and a man who has already made a fool of Wallace. The two of them faced each other several years ago when Wallace was Scotland's justice minister and Kelly was representing prisoners who were seeking damages under European law for the barbaric practice of slopping out in Scotland's jails. Kelly won that fight and the compensation claims will eventually eclipse the money that Wallace had previously received from Europe to help end slopping out. It was a catastrophic political error that cost the country millions and ought to have ended the minister's political career.

Just what is it about extending the right to vote to prisoners that makes so many otherwise reasonable people foam at the mouth? In the House of Commons last year David Cameron stated that he felt physically sick at the very notion. These sentiments would have been shared by many in the opposition benches. Their response is simplistic and depressingly predictable; that when a citizen commits a crime against society he forfeits the right to take part in that which allows us to regard ourselves an enlightened democracy: the right to elect our government. Yet is there a better way of encouraging prisoners in civilising patterns of behaviour than by allowing them to participate in the political process?

Cameron was elected to represent all citizens of the United Kingdom: the good, the bad and the ugly. His party will legislate on issues that affect prisoners and their victims and, like others before him, he will become aware of the crippling cost to the country of our high rates of recidivism. Yet in Scotland, as in other parts of the kingdom, our penal system is an open invitation to re-offend. How can you even attempt a process of rehabilitation when we treat like animals those of our human beings who have offended?

In Scotland we send a higher percentage of young people to jail than any other country in Europe. This is already in direct contravention of EU law on the rights of the child. A grotesquely disproportionate number of those we lock up are from areas of multi-deprivation and will be afflicted by myriad mental problems stemming directly from poverty.

We jail many of them for relatively minor offences in the knowledge that few of them pose a threat to the public.

We jail more women than our EU neighbours, even though we know that they will be suffering from acutely worse mental ailments than men; much of it linked to physical abuse and grinding poverty. Their treatment inside prison is such that there is virtually no chance of them ever being able to break cycles of violent or dishonest behaviour.

The obscene way we treat these people means that our prisons are in a constant reproductive cycle where the seeds of tomorrow's adult prison population are constantly growing. Many of our prisons have changed little since the Victorian era when they were built. There is little or no access to natural light, exercise or society with other prisoners. Prison food in too many instances falls well below the standards of nourishment that make for a healthy and balanced diet. This cocktail of penal deprivation simply exacerbates the mental health issues that many of our prison population must endure.

Few families in Scotland in the last three generations will not have endured the pain that comes from a beloved relative being sent to prison. In the vast majority of cases the crime will have been born of a complicated mixture of social and emotional factors. We will claim that the crime was out of character or an error of judgment under pressure. Yet our faith in our police forces and in our judiciary lead us to accept that they rarely jail innocent people and that sentencing is just and proportionate.

But when we process these people in our prison system, justice, fairness and compassion depart to be replaced by fear, loathing and cruelty. Very few criminals currently resident in Scotland's jails are truly evil. The way we treat them is.

Saturday, April 02, 2011

Not welcome in Dave’s ‘Big Society’

The following is a letter to insidetime, from issue April 2011

Not welcome in Dave’s ‘Big Society’

From Peter Thirlaway – HMP Wealstun


I have tried to get my right to vote and, like many others, the Ministry of Justice have ‘struck out’ my claim. But, just to rub salt in the wound, I have had a letter from the Queen’s Bench Division charging me £76 in costs, to be paid within 14 days of the judgement. I assume that all other prison claimants have had the same? I have absolutely no way of paying this cost as all my assets were seized by the MoJ after my ‘proceeds of crime’ hearing. I have written back asking if I can pay £1 per week out of my prison wages or whether they can defer payment until I am released from prison. At worst they can make me serve a bit more prison time for not paying, which will cost them more in financial terms than the £76 they’re after, and all because I believe that I should be a part of Dave’s ‘Big Society’. This just serves to emphasise the fact that we are not welcome in society, no matter how much lip-service is paid to the rehabilitation of offenders.

Related content here.

Right to vote sought for rapists, paedophiles in Britain

Right to vote sought for rapists, paedophiles in Britain

London, April 1 (IANS)


A top Eurocrat has left many people red-faced by advocating voting rights for rapists, paedophiles, and murderers irrespective of opposition by politicians in Westminster and throughout Britain.

Thomas Hammarberg, the Council of Europe’s Commissioner for Human Rights, has accused Britain of ‘undermining a crucial dimension of the very concept of democracy’ by denying convicted murderers, rapists and paedophiles a say in elections, the Daily Express reported.

Britain’s 141-year-old blanket ban on inmates getting the vote ‘does not correspond to the European values of our times’, argued the Swedish-born former head of Amnesty International.

‘Prisoners, though deprived of physical liberty, have human rights,’ the bureaucrat said.

‘Measures should be taken to ensure that imprisonment does not undermine rights which are unconnected to the intention of the punishment.’

Hammarberg’s demand comes as the British government awaits a response from the European Court of Human Rights to a massive vote at Westminster against allowing prisoners in the voting booth.

Prime Minister David Cameron, meanwhile, has said the idea of prisoners getting the vote made him feel ‘physically ill’.

Inmates seek justice for Philip Larkin poem that won second place

The Hull poet Philip Larkin
Inmates seek justice for Philip Larkin poem that won second place

A prisoner who copied a poem by Philip Larkin in a bid to win a poetry competition was caught out after fellow inmates spotted the plagiarism.


Sergio Lapa, 36, was initially awarded second place in a poetry competition in the prisoner's magazine Inside Time.

The prisoner, who is awaiting trial at HMP Norwich on a charge of attempted murder, entered a poem called In Bed in his attempt to win the £25 prize in the March edition of the magazine.

But he was caught out when at least eight prisoners spotted the poem was an exact copy of Philip Larkin's poem Talking In Bed.

A prison worker also wrote to the magazine to point out the poem was a copy of the 1964 poem about isolation, disillusion and failure and that Mr Lapa had been caught "bang to rights".

The complainant said: "I wish to point out that the poem entitled 'In Bed' by Sergio Lapa, HMP Norwich, in March issue of your paper, is an exact copy of Philip Larkin's poem Talking In Bed.

"I believe it is not right that your highly esteemed paper should publish plagiarised content and prisoners ought to be aware of this."

Mr Lapa is now facing a barrage of abuse by prisoners at HMP Norwich.

A prison source said lags took poetry 'very seriously' and were furious when poems were ripped off.

He said: "It wasn't just the prison worker who complained, it was at least eight prisoners, who were furious that his poem got published when theirs ended up in the bin.

"The prison poetry brigade take plagiarism very seriously.

"There is a very moral code in prison when it comes to poetry and this guy is feeling the heat at the moment – there are a lot of angry people around."

A spokesman for Inside Time confirmed it had received 'many letters' about the poem. He added: "Do not plagiarise other people’s work, as you WILL be found out."

The poem by Larkin lost out in the competition to a contribution titled Relating from a prisoner called Brian Darby, of HMP Maidstone.

William Hague's response to the Calendar Girls

William Hague's response to the Calendar Girls

Photograph by Chris Myers

Original photo here.

Paedophile, 82, jailed for string of child sex attacks

Paedophile, 82, jailed for string of child sex attacks

An 82-year-old paedophile has been jailed for 25 years after being found guilty of a string of sex offences spanning more than half a century.




Ronald Dean, of Chandlers Ford, near Southampton, was convicted of 25 counts including rape, indecent assault and perverting the course of justice.

Southampton Crown Court heard the most recent assault was just two years ago.

The court was told his past only came to light 15 months ago when his first victim told police.

Dean, who had never received a police caution in his life, was sentenced on Thursday.

It is unlikely he will ever be released.

'Robust sentence'

The court heard his victims were aged between three and 16 years old.

His first victim lived with her secret for more than 50 years.

After Dean was sentenced, she told the BBC: "It was dreadful. It was in my head twenty-four seven.

"In the 50s the police would have never believed me. I can breathe now. I have got my life back.

"I take my hat off to the judge. Twenty five years - take him down."

Det Insp John Geden, of Hampshire police, said: "I think what the judge has done in this case is he has reflected the severity of the offending which took place over a 50 year-plus period.

"This is an offender who is now 82, and I would say to any offender justice will catch up with you and in the sentencing on this occasion it proves that will be robust."

Flaws in guidance on detainees abroad

Flaws in guidance on detainees abroad

The Guardian, Letters, Saturday 2 April 2011


The response of the Home office to the Guardian's inquiries about Omar Awadh Omar highlights the serious flaws in the UK's "consolidated guidance" on detaining and interviewing detainees overseas (Challenge to Cameron over torture claims, 1 April). Omar reported that he was interrogated by MI5 while in Ugandan custody, where he was allegedly tortured. Amnesty has so far been refused access to visit him in prison in Uganda to verify his claims.

The ambiguity of the UK guidance allows government ministers to authorise intelligence officers to question detainees, even where there is a risk that they have been, or will be, tortured. It is left to the minister's "discretion". But torture is not permissible under any circumstances – there should be no ambiguity. The guidance also codifies the UK's continuing reliance on assurances that detainees will not be tortured. These assurances, from governments known to authorise torture, are not reliable and cannot provide adequate protection from torture or other ill-treatment.

Amnesty has written twice to the UK government to formally raise these concerns, but still awaits a satisfactory response. There is a pressing need to strengthen the consolidated guidance to ensure that the mistakes of the past do not continue to be repeated.

Kate Allen

Director, Amnesty International UK

Ex-general gets life for junta prison atrocities

Ex-general gets life for junta prison atrocities

AP

Saturday, 2 April 2011


A court has sentenced a former army general to life in prison for crimes against humanity committed in a notorious torture centre during Argentina's military dictatorship.

Eduardo Cabanillas was convicted of illegal imprisonment, torture and murder involving 65 people held at Automotores Orletti, a secret prison disguised as a car repair shop. It was used by Operation Condor, a co-ordinated effort by South America's dictatorships to eliminate dissidents. Prosecutors said about 300 people passed through Automotores Orletti, including Uruguayans, Chileans, Bolivians and Cubans; most of them were killed or disappeared.

A former army intelligence agent, Raul Guglielminetti, was jailed for 20 years while the former spies Honorio Martinez Ruiz and Eduardo Ruffo each received 25 years.

"It is a glorious and historical day that we are living and that the 'mothers' didn't think we'd live to see," said Tati Almeida of Mothers of the Plaza de Mayo, a human rights group.

Survivors of the torture centre say bound, blindfolded prisoners were given electric shocks and hoisted up by pulleys and submerged head-first in water in what was known as "the submarine". Running car engines in the garage covered the screams.

The trial reflects Argentina's efforts to resolve the crimes of the 1976-83 military junta. About 3,000 political dissidents disappeared during the dictatorship, according to official figures. Human rights groups put the figure at 30,000.

Police arrest man who escaped by fax

Police arrest man who escaped by fax

Spanish police say they have arrested a man who twice escaped from custody by having his wife send fake faxes ordering his release.


Jose Carlos Serna was taken into custody at his home in a suburb north of Madrid

11:53PM BST 01 Apr 2011

Fifty-seven-year-old Jose Carlos Serna was taken into custody at his home in San Lorenzo del Escorial, a suburb north of Madrid, on Friday, while hiding in a hollowed-out sofa, police said.

In December, he was in a cell at Arganda del Rey courthouse awaiting trial when officers got a fax purportedly from a regional court. It was followed by a phone call purportedly from a court official, corroborating the release order.

Spanish officers tried to verify the order, but their calls went unanswered. When a second call was received confirming Serna's release, he was freed to a waiting taxi.

Police said Serna used the same trick to escape from Valdemoro jail in October.

Friday, April 01, 2011

Privatisation will not rehabilitate our prisons

Privatisation will not rehabilitate our prisons

The privatisation of prisons raise ethical questions about the role of incarceration in our society

Juliet Lyon

guardian.co.uk, Friday 1 April 2011 17.46 BST


Security firm G4S has been awarded the contract to run Birmingham prison. Nearly 12% of the UK prison population is now held in privately run institutions. Photograph: Christopher Furlong/Getty Images

Ken Clarke's decision to award the security firm G4S the contract to run the 1,400-place Birmingham prison, announced in the House of Commons, has reignited the debate about the role of the private sector in our prisons. The UK already has the most privatised prison system in Europe. In England and Wales, nearly 10,000 prisoners (11.6% of the total prisoner population) are held in private prisons. This is a higher proportion than in the US, where the figure is around 9%. The privatisation of HMP Birmingham and the new private Featherstone 2 will take the total number of private prisons in England and Wales from 11 to 13, holding up to 14% of the total prison population.

No one is going to argue with an aim to reduce unacceptably high rates of reoffending, but will a move to privatise more prisons achieve this? By unleashing the forces of competition the government hopes to bring about a more efficient and effective justice. Good relations between prisoners and staff, staff and managers are critical to the health of any prison system. It would be a poor outcome if tensions led to a breakdown in these relations and a deterioration in conditions.

Since the first private jail was ushered in in 1992 by Ken Clarke, then as home secretary, the results have been mixed – some private prisons have proved innovative and successful while others have been criticised for their high staff turnover, tendency to cut corners and weaknesses in security.

According to the National Audit Office, the relative inexperience of staff means that some private prisons can struggle to create a safe environment for prisoners. Private prison contracts in England and Wales are shared between just three companies: Serco, Sodexo and G4S. Overall the costs of private prisons per place are higher than public prisons for most types of establishment. Despite this, the average ratio of prison staff to prisoners is usually lower in private prisons, and staff generally receive a lower level of basic pay than their public sector colleagues.

At a time when government is committed to reducing any unnecessary use of imprisonment, and shrinking prison numbers back to an unavoidable minimum, is it sensible to open up to market forces and risk growing vested interest? In business terms surely the aim is to shrink, not expand, the market.

In America, private prison contractors have been major contributors to public policy organisations that have successfully advanced tough-on-crime legislation and promoted free-market principles. Private companies in the US have on occasions sought to manipulate the legal system directly. In the kids for cash scandal, Mid-Atlantic Youth Services Corp, a private prison company, was reported to have been found guilty of paying two judges $2.6m to send 2,000 children to their prisons. Less vivid as an example – but still a matter of concern – in the UK was the resistance voiced by some private contractors, on grounds of cost, to the inclusion of prisons within the ambit of the Corporate Manslaughter Act.

Privatisation raises ethical questions about the nature and role of imprisonment in our society. Loss of liberty is the most extreme form of punishment we have. It has to be well regulated and managed and must meet exacting standards. People in prison should always be treated with decency and respect and arrangements for commissioning and contracting must ensure proper oversight and full accountability.

While privatisation could help improve prison management and curb any remaining restrictive practices, it may not prove a panacea to the problems of our overcrowded, usually invisible and too often ineffective prison system.

Prisons Competition


Prisons Competition

31 Mar 2011 : Column 526, 11.53 am


The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke): With permission, Mr Speaker, I should like to make a statement.

The House will be aware that in 2009 my predecessor announced a competition for the management of five prisons: Her Majesty's prisons at Birmingham, Buckley Hall in Rochdale, Doncaster, Wellingborough and the new prison, currently called Featherstone 2, near Wolverhampton, which is due to open in 2012. I am now able to announce the results of that competition process.

Let me remind the House that these prisons were selected by the right hon. Member for Blackburn (Mr Straw) for a variety of reasons. Birmingham and Wellingborough are currently managed by the public sector and were chosen after being identified by the National Offender Management Service as performing poorly. Buckley Hall and Doncaster are establishments that have been previously competed and their contract is due for renewal. Buckley Hall is currently managed by the public sector and Doncaster is currently managed by Serco.

During the preparations for the bid it became apparent that competition could not produce improvements at HMP Wellingborough without significant capital investment to secure its long-term viability. In the current financial climate, this is clearly not a tenable proposition, so I took the decision to remove it from the competition process. HMP Wellingborough will continue to be managed by the public sector, and will need to deliver approximately 10% efficiency savings, in line with other public sector prisons, over the next four years.

I am now able to announce the results of the four remaining prison competitions. HMP Birmingham will be run by G4S plc. HMP Buckley Hall will be run by HM Prison Service. HMP Doncaster will be run by Serco Group plc. Featherstone 2 will be run by G4S plc. The new contracts will be effective from October 2011 for the prisons at Birmingham, Buckley Hall and Doncaster, and from April 2012 for Featherstone 2. I would like to put on record my thanks to all the bidders for contributing to what has been a challenging contest, which will secure significant quality improvements and savings at all the establishments involved.

The Government are committed to delivering reform in our public services. This process shows that competition can deliver innovation, efficiency and better value for money for the taxpayer, but also that it can do so without compromising standards. Before the bids were evaluated for anything else, they needed to demonstrate their fundamental ability to provide safe and secure custodial services. I can confirm that over the spending review period the new contracts will deliver savings of over £21 million for the three existing prisons. In the same period, the new Featherstone 2 prison will be delivered at £31 million less than the costs originally approved by the previous Government. Cumulative savings over the lifetime of the contracts for the three existing prisons are a very impressive £216 million.

But public protection is not just about how we manage prisons in order to punish people. It is also about how we achieve genuine and long-lasting reductions in crime by cutting reoffending. I am therefore particularly pleased
31 Mar 2011 : Column 527
to be able to announce that, for the first time, the contract award for HMP Doncaster will include an element of payment by results in reducing reoffending. Payment by results is central to our rehabilitation reform plans, because it means that we can concentrate on paying for what works to reduce reoffending. The current system funds services, but not outcomes. Providers of services face few consequences if what they offer does not succeed in cutting reoffending, and little reward if they do succeed in cutting reoffending. Payment by results looks to change this by rewarding performance against the outcomes specified in a contract. In the Green Paper I outlined plans to develop this policy further and commission at least six new pilots for payment by results. The contract for HMP Doncaster is an important first step towards fulfilling this commitment.

The new contract price for HMP Doncaster will in itself deliver significant annual savings. In addition, however, the introduction of payment by results means that 10% of the contract price will be payable only if the operator reduces the reconviction rates of offenders a year after they are discharged from the prison by 5 percentage points. If they achieve this, the contract will, of course, have significantly reduced crime, and for a cost of at least £1 million below what we currently pay. I regard this as a win-win approach. It translates to savings for the taxpayer, lower reoffending rates and a return for the service provider that improves their performance.

I know that Members on both sides of the House recognise the benefits of effective competition-at least I hope they still do. Today's announcement shows it has a significant role to play in delivering value for money, better outcomes and broader reform. I encourage providers from any sector to rise to the challenge. The public are entitled to expect safety and security and better results to go hand in hand with efficiency and innovation. I commend this statement to the House.

Sadiq Khan (Tooting) (Lab): I thank the Secretary of State for advance sight of today's statement, and I welcome its tenor and how he delivered it. He will be aware that our policy was and is based on what works, rather than dogma. During our time in government, nine new private sector prisons were provided and three new establishments had been opened and run by the public sector, and I recognise that they have played a successful role in our prison system. It is right that we began the market testing that he is reporting on today.

I wish to ask the Justice Secretary a number of questions arising from his statement. First, he refers to the fact that during the bid preparations it became apparent that competition could not produce improvements at HMP Wellingborough without significant capital investment, so may I ask him what plans he has for such investment at Wellingborough prison? How much will be invested, and over what period? Does he understand the frustration of hard-working prison officers and other staff working in public sector prisons that need capital investment when they are compared with prison officers and other staff in newly built or refurbished private prisons? Can he confirm that the decisions on the Birmingham and Doncaster prisons are no reflection on the hard work of prison officers and staff there?

31 Mar 2011 : Column 528

May I echo the Justice Secretary's comments about the importance of delivering efficiency, innovation and better value for money for the taxpayer without compromising standards? Indeed, he has referred to the £216 million that will be saved as a consequence of this process, which was begun by the Labour Government. Does he therefore accept that the savings he is now championing are actually the fruits of the previous Government's attempts to improve the efficiency of the Prison Service? Can he confirm that he will reinvest that money in the Prison Service?

The Justice Secretary's announcement on payment by results is interesting and welcome. He will be aware that we began piloting payment by results in Peterborough, where we were trying to reduce reoffending. However, that is a pilot scheme and we recognised that lessons would need to be learnt before any full roll-out. What lessons have already been learnt from the yet to be completed Peterborough pilot? Can he confirm that Doncaster is a pilot and he will wait to see the results before the approach is rolled out further? His statement referred to the criteria for payment by results. He will be aware that 20% of offenders reoffend within three months of leaving prison and that 43% do so within a year, so will he explain further the criteria by which he will judge "if the operator reduces the reconviction rates of offenders a year after they are discharged from the prison by five percentage points"?

Finally, I wish to ask the right hon. and learned Gentleman about the workers in the prisons that he listed. Staff at HMP Birmingham and HMP Doncaster will understandably be worried about their future in these uncertain times. Does he anticipate any redundancies as a result of his decision? Can he confirm to the House that public sector terms and conditions will be protected under Transfer of Undertakings (Protection of Employment) Regulations arrangements? In addition, he will doubtless have seen the newspaper reports of contingency planning by his Department to deal with any industrial action that might result from his announcement. We have read that troops have been put on alert. Will he confirm whether that is the case? May I ask what discussions he or his Prisons Minister have had with the Prison Officers Association and others who represent prison staff? Does he agree that it is crucial that he and/or his Prisons Minister should meet the appropriate representatives today and begin a dialogue to avoid the sort of speculation reported in the media from becoming a reality?

Mr Clarke: I am grateful to the right hon. Gentleman, because I was interested to see whether the Labour party was in the position that I thought it was going to be in, and I am reassured by what he said. As he said, putting competition into the system in order to ensure the best standards at the lowest cost to the taxpayer is a continuous policy, and things have moved on an awful long way since I was Home Secretary 20 years ago, when privately managed prisons were a highly controversial subject. We got the first one under way at Wolds, but under Blairism the policy was taken a whole lot further, with all the private finance initiative prisons. As I readily acknowledge, the right hon. Member for Blackburn (Mr Straw) started this tendering process, which we have taken to what I believe to be this successful conclusion. It must be in the public interest and it must be right-I readily acknowledge what the right hon. Member for
31 Mar 2011 : Column 529
Tooting (Sadiq Khan) just said-that we leave aside stale ideology and dogma, and instead look at what works and what produces the right solutions for the public.

We have problems with the building at HMP Wellingborough. It is not a terribly old building-as I recall, it is largely a 1960s construction-but we are under notice that something has to be done about it and it cannot just carry on as it is. The building is not going to be adequate for very much longer. We are considering what to do about HMP Wellingborough. Its staff are responding very well to the problems that they face, but I hope to be able to come back soon to announce what will happen at Wellingborough.

The contract for Birmingham prison is now going to G4S. I acknowledge that the staff at Birmingham have made considerable efforts and that they put in a good public sector bid as part of the tendering process, but the fact is that that process is objective and the private sector bid was just better, and somewhat less costly. On the right hon. Gentleman's later comments, the National Offender Management Service will, of course, have high regard to the interests of the staff at Birmingham. A new prison is opening not far away, which may offer some opportunities, but we will give all the appropriate support and hope to avoid an unnecessary number of redundancies.

Payment by results was indeed initiated at Peterborough by the previous Government, and we strongly support that worthwhile experiment. The only political claim that I would make is that I believe the previous Government responded to the policies suggested by the then Conservative Opposition in advocating payment by results. We suffered the fate that often happens to Opposition parties-I hope that this will happen to the right hon. Gentleman, too-of putting forward good ideas which then get stolen by the Ministers in power. However, at least we are at one on this policy.

The Doncaster scheme is another pilot. For the first time, the prison operator is entering into having a payment by results element in the contract; the operator will get extra reward if it succeeds, but it will share the risk with the Government, and will lose if it does not succeed. Five percentage points is what has been negotiated-a somewhat impenetrable figure. It means five percentage points down from the current percentage, so an 8.3% reduction from the current reoffending rate would be required for the operator to be paid.

It is indeed true that we have undertaken contingency planning in case we get the wrong sort of reaction to today's announcement, although of course we very much hope that we shall not, because industrial action will be no more in the interests of prison officers than it is in the interests of anyone else. Contingency planning for disorder in prisons has always been done, as it has to be. It has been done for as long as I can remember, although I think the previous Government suspended it when they reintroduced the criminal law making it illegal to strike in prisons. They carried out an experiment when they lifted the legal ban, but they had a very bad strike in 2007, and put it back again. We have been bringing the contingency planning up to date, but we very much hope that that is a mere precaution. In the interests of public order, we have to ensure that we are prepared in case anything goes wrong in a major prison, but we very much hope not to have to put any of this
31 Mar 2011 : Column 530
into effect. We have had discussions with the Prison Officers Association and we are open to further such discussions, and we hope to be able to answer its legitimate queries in any way that we can.

Several hon. Members rose -

Mr Speaker: Order. I remind the House of the pressure on time and the consequent need for brevity.

Mr Peter Bone (Wellingborough) (Con): The Secretary of State's announcement will be widely welcomed in Wellingborough. Is he aware that the POA there and the management worked tirelessly together, doing so against the national union policy, to come up with a bid that has driven down the cost of prison to £19,000 per prisoner and has reduced the number of prison officers from 147 to 101? Could either the Secretary of State or a member of his team visit Wellingborough prison to see the improvements?

Mr Clarke: I join my hon. Friend in congratulating the staff at Wellingborough, because they face a difficult situation, given the uncertainties caused by the unsuitable and deteriorating buildings in which they are operating. They certainly have succeeded, and my hon. Friend the Prisons Minister says that he can certainly take up the invitation to visit to see what they have achieved. I hope that the uncertainties will be resolved as soon as possible, but obviously it is difficult to find money for a large capital programme, which is what Wellingborough really needs.

Mr David Hanson (Delyn) (Lab): As the Prisons Minister at the time the decision was made to undertake the market testing, I can confirm that we not only undertook the market testing but encouraged public sector bids. Now that those public sector bids have failed in Birmingham, could the Justice Secretary tell the House what will happen to the assets of Birmingham and Doncaster prisons? What is the cost of the TUPE arrangements? Will it be borne by the private sector contractor? If there are redundancies, will it be the Ministry of Justice that bears them?

Mr Clarke: The right hon. Gentleman was indeed involved in the competition process, so he cannot start protesting-however mildly-about the outcome. I assume that he contemplated that either the private or the public sector bids would win, and that is what has happened. The public sector has the contract at Buckley Hall and the private sector has the contract at Birmingham and the other prisons. Serco was already the contractor at Doncaster. To show how ideology is fading, the irony is that Buckley Hall, when it opened, was a private sector prison, but it has been in the public sector and this renewal of the contract has been won by the public sector again. The law on TUPE remains in place, but we are consulting on the wider implications on transfers of ownership from the public to the private sector. The outcome of this competition should be the kind of thing that the right hon. Gentleman was perfectly happy to contemplate when he was party to the decision in 2009.

Sir Alan Beith (Berwick-upon-Tweed) (LD): I welcome the Lord Chancellor's decision to build reducing reoffending into the Doncaster contract, but will he assure us that he recognises that that will require the provider to work
31 Mar 2011 : Column 531
closely with a range of other organisations, and that they too increasingly need to be incentivised to reduce the reoffending that creates more victims of crime?

Mr Clarke: My right hon. Friend is right. There are two major voluntary parties with which the provider at Doncaster proposes to be in contact, but their names escape me-one is called Catch22 and the other is something else-and there will be local voluntary and charity groups subcontracted below them. Serco will manage the prison and will be the principal contractor, but the delivery that it hopes to achieve will be effected by subcontractors. I have emphasised to those who have attended seminars on this subject that I hope that the operator will deal responsibly with the small local contractors. Serco is entitled to use its bargaining power when negotiating with the representatives of Government to get the best deal it can, but I hope that it will not overdo it when dealing with smaller voluntary and charitable bodies that are also entitled to expect to boost their funds if they deliver the results required.

Simon Danczuk (Rochdale) (Lab): It is important to put on the record the fact that my constituents and staff at Buckley Hall prison in my constituency have been concerned about the process, but I am sure that they will appreciate the stability that should now be provided. The reason why I raise this matter is that, as the Secretary of State pointed out, there has been constant change at Buckley Hall prison, and I hope that this decision will provide some stability. May I have some assurance that the staff, who do an excellent job there, can now get on with that, and that there will be no redundancies at the prison?

Mr Clarke: I think I can give the assurances that the hon. Gentleman requires. As far as I am aware, the public sector bid did not contemplate any redundancies; I do not have that information at my fingertips, but I would be surprised if it did. The provider has won a contract, and it is now up to it to deliver that contract on the basis on which it was won; the provider cannot now backslide from what was offered. I do not think that that is likely to happen, and fortunately, the staff at Buckley Hall now have some welcome stability for the period of the contract.

Mr Stewart Jackson (Peterborough) (Con): I warmly welcome my right hon. and learned Friend's statement, and I know that he and his ministerial colleagues have been to Peterborough. May I add my voice to the calls to consider the social impact project at Peterborough with a view to extending it across the private prison estate? It could have an impact on prisoner education and in reducing recidivism.

Mr Clarke: I entirely agree with my hon. Friend, and I was immensely encouraged by what I saw on my visit to Peterborough. I have discussed Peterborough widely elsewhere, and there was tremendous enthusiasm for the social impact bond that raised the ethical investment that has gone in to the project and for the determination to deliver it on the part of the St Giles Trust, which is the partner, the YMCA and the other people who are involved. We are finding this enthusiasm reflected elsewhere, and I hope-Peterborough being another private sector
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prison-that public sector prisons will get equally keenly involved. There are people in the public sector prison service who wish to contract on such a basis. I hope that payment by results will take off, and social impact bonds are one model for raising important capital to get them under way.

Mr George Howarth (Knowsley) (Lab): I welcome the inclusion of reoffending rates in the Doncaster contract. Can the Secretary of State assure the House that Serco will not be allowed to cherry-pick which offenders it takes at Doncaster, so that it will be possible to make meaningful comparisons between that establishment and other institutions?

Mr Clarke: I think I can. A cohort will be allocated rather than some carefully selected group, so a positive result will reflect some move in reoffending rates, with the consequent reduction in the number of further crimes and victims. I give credit to Serco, because when I went to Doncaster I broached the subject slightly tentatively there, because we were already in a competition process and Serco could just have proceeded perfectly ordinarily on the basis it had already agreed for the tenders with the previous Government. Yet Serco was positively enthusiastic, and I think it sees the pilot as a way of finding out whether it can enter into more such arrangements elsewhere in the criminal justice system.

Mr David Nuttall (Bury North) (Con): I too welcome the statement from my right hon. and learned Friend. Further to the previous question, in view of the fact that prisoners move around the prison estate, what proportion of a prisoner's sentence must have been served at HMP Doncaster for that prisoner's record to be taken into account in the statistics?

Mr Clarke: I will consult those who negotiated the details of the contracts and write to my hon. Friend with an answer to that extremely pertinent question.

Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC): The Secretary of State will be aware of the recent report on HMP Bronzefield, a privately run women's prison. It found seven cases of self-harm per day, one woman who self-harmed 93 times in a month, and one woman who was kept in segregation for three years with very little human contact. Health care was shockingly poor, with no female GPs, and pharmacy services were tortuous and inconsistent. How on earth can it be for the public good to extend private sector prisons?

Mr Clarke: Her Majesty's inspectorate of prisons does extremely valuable work and over the years, and has exposed things that can be praised or strongly criticised in both public and private sector prisons. If we look back over the years, we see that no rule and no measure can be produced that shows that either sector is overwhelmingly likely to produce praise while the other is overwhelmingly likely to produce criticism. We must look at the inspectorate's reports, take them seriously and ensure that where there are serious problems they are addressed. In my opinion-with respect-it is extremely out of date to say that what is wrong in such a case is the fact that the prison is private, whereas when another prison is criticised it somehow does not matter so much because it is public. The whole point of contracting and
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competition is that one specifies the quality one wants and the right price for the taxpayer, and then the inspectorate system ensures that real failings are addressed-and at the same time, we sometimes have penalties in the contract if providers fail to deliver.

Ben Gummer (Ipswich) (Con): I enormously welcome the statement by my right hon. and learned Friend. Given the cross-party support for what he has just announced, what plans does he have to continue the excellent policy of the previous Administration in market testing across the entire prison estate? Will payment by results contracts be extended across other prisons? Finally, will he consider agglomerating PBR contracts in prisons with probation trusts?

Mr Clarke: We are out to consultation at the moment on the Green Paper on sentencing in general and we floated in that the prospect, about which my hon. Friend rightly asks, of having a regular programme of competitive tendering throughout the prison system so that we can revisit quality and cost, in an organised way, gradually over the years. We have not finalised the form, but we will come back in due course once we have finished our consultations and responded, and we will answer his question about exactly what we want to do on that front. Probation trusts are equally involved, I hope, in the development of the payment by results policy. We are as anxious to see public sector bodies involved as private sector bodies. The best of the probation trusts seem to me, in my contact with them, to be quite enthusiastic about becoming involved in such a contracting process.

John McDonnell (Hayes and Harlington) (Lab): The Secretary of State may consider that privatisation is no longer controversial within this House across certain parties, but it is deeply controversial among Prison Officers Association members. He should meet the POA as a matter of urgency, and should look well beyond TUPE for the protection of staff who are currently being made vulnerable by privatisation; otherwise I believe that there will be industrial conflict.

Mr Clarke: I have every respect for the hon. Gentleman's opinions, in which he has always been consistent. He has always been an articulate advocate, and I almost welcome him as a voice from the past. I realise that the POA is rather stuck in its traditional attitudes towards this kind of thing, but I really hope that it will reflect on what is almost a universal view in this House that we are moving on to a proper, fair, competitive basis for deciding how best to run prisons and at what cost, without being so obsessed about whether they are private sector or the public sector. Of course, the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt) and I will continue our close contact with the POA. We have had to have contingency plans in case anyone is so foolish as to start industrial action-but it is illegal to take industrial action. The sensible thing for people to do is to look at the tendering process and, if they are in the public sector, decide how their prisons can achieve a better score in future. They have won one this time, but it is up to them to put in the best bids as we develop the policy.

Mr Matthew Offord (Hendon) (Con): I welcome the statement, and agree that there is consensus in the House about this. I see that three of the four contracts
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mentioned today are being awarded to the private sector. Could the Secretary of State please advise the House of the percentage of prisons in England and Wales that are currently run by the private sector?

Mr Clarke: The answer is 11%, and that is one of the many things that surprised me when I started in this office. When I was Home Secretary we introduced the first private prison, HMP Wolds, which was regarded as a flaming political issue-we had crossed the Rubicon and it was a dramatic change. One way in which Britain has modernised is that we have inherited a lot of private finance initiative-financed private prisons, and now we have this open tendering between the two sectors across the country.

Paul Flynn (Newport West) (Lab): To underline his claim that prisons are well run, will the right hon. and learned Gentleman remind the House of the precise number of prisons that are free of the use of illegal drugs?

Mr Clarke: I would not like to guarantee that for any prison in the country. In far too many prisons drugs are, although more expensive, rather more readily available than in the outside world. That is a serious disgrace and I assure the hon. Gentleman that we are working very actively on our plans to begin with drug-free wings and then drug-free prisons. This issue has to be addressed, and people in the service are keen to do that. I hope to come back later this year-as soon as possible-with some announcement of progress on that front.

Rehman Chishti (Gillingham and Rainham) (Con): I welcome the Secretary of State's statement. Can he confirm that armed forces personnel are being trained to be deployed to man prisons if the need arises?

Mr Clarke: Yes, and there always used to be military contingency plans, because Governments must have contingency plans for all kinds of disasters. Unfortunately, if people are so unwise as to take industrial action in prisons, the situation can rapidly become far worse than in a normal strike because we start getting disorder among the prisoners. We have updated those contingency plans, and the military are indeed involved, but I should make it clear that no one is contemplating a military takeover of any prison. The Prison Service and prison governors would still be in charge. None the less, it is only prudent to make sure that we have the military preparedness that could, but almost certainly would not, be required. It has not been required in living memory, because one begins by using management staff and other teams that have been drafted in. Only in extremis would one start using the military for perimeter guarding and that kind of thing.

Mr Dennis Skinner (Bolsover) (Lab): Following on from the question asked by my hon. Friend the Member for Hayes and Harlington (John McDonnell), when the Secretary of State meets prison officers will he give them a guarantee regarding TUPE? He seemed a little vague at the beginning. Will he give an assurance that TUPE arrangements will apply not only in the present circumstances but in the whole period of this Parliament if there are any further changes?

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Mr Clarke: TUPE is part of the law of the country, but the hon. Gentleman probably knows that there is currently a consultation about TUPE-related agreements that have previously been in existence in relation to transfers from the public sector to the private sector. I am not anticipating the outcome of that consultation, which is why I gave the answer I did.

Tom Brake (Carshalton and Wallington) (LD): Does the Secretary of State agree that localism is as important in the prison sector as anywhere else, and that there is a risk that if a very small number of very large conglomerates take over the running of all the private prisons, the voluntary sector, social enterprises and charities will be excluded from taking part in the exciting rehabilitation agenda that the Government are pursuing? How can he ensure that does not happen?

Mr Clarke: I agree that localism is extremely important in this field, and I think it will be preserved because of the process whereby major contractors subcontracts to voluntary and charitable groups. The relevant voluntary and charitable groups are different from place to place, and some of them are quite local. The people who set up the arrangements in Peterborough dealt with a collection of voluntary and charitable bodies quite different from those dealt with by the people who negotiated the contract at Doncaster, because local services and local ideas for tackling reoffending are different. I very much hope that, as the hon. Gentleman says, we shall keep that quality of local enthusiasm and commitment when we rope voluntary, charitable and third sector people into tackling reoffending.

Nadhim Zahawi (Stratford-on-Avon) (Con): Will the Secretary of State tell the House how many contracts awarded to private sector contractors have been terminated due to poor performance?

Mr Clarke: None has been terminated due to poor performance, as far as I am aware.

Gavin Williamson (South Staffordshire) (Con): I am sure that my right hon. and learned Friend is aware that not only Featherstone 2 but Featherstone and Brinsford are in my constituency. The latter two are excellent prisons because of the dedication and commitment of their prison staff. Can he assure me that the same levels of training and support offered to the prison officers at those two prisons will be offered to the staff at Featherstone 2?

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Mr Clarke: That is provided for in the contract and I very much hope it will be the case. Like my hon. Friend, I have great optimism about the future of Featherstone 2. It is very good that we have that kind of investment coming on stream so that we can help to modernise the service in all possible ways. The proper training and support of staff is a key part of delivering the contract properly.

Mr Rob Wilson (Reading East) (Con): I congratulate the Secretary of State on his statement, and I particularly welcome the savings to the taxpayer. Some would have argued in the past that they would lead to a lower quality service, so can he tell us whether Her Majesty's inspectorate of prisons has shown any differences in recent reports between the quality of private sector and public sector prisons?

Mr Clarke: As I have said, I do not think it is possible to draw general conclusions such as "private sector good, public sector bad"-or vice versa-in any area. The regime at the best private prisons is very good and is hard to match in the public sector, and the savings are very considerable and useful. Sections of the media are enjoying themselves by constantly accusing me of letting people out of prison, but as far as I am aware I have not let anyone out of prison. I rather prefer cutting the costs of running prisons to letting prisoners out, and we are cutting costs in an extremely sensible way that should raise quality and performance in the Prison Service.

Henry Smith (Crawley) (Con): I strongly welcome the awarding of two of the prison contracts to Crawley-based G4S. Can the Secretary of State say how long the contracts are for, and what reviews of performance will take place throughout the contract and over which periods?

Mr Clarke: G4S has done very well in this particular round. It had some strong competitors, which will no doubt come back in future rounds when we arrange them. The contracts are for 14 years, but are reviewable after seven years so that performance can be checked at that stage. I wish G4S well in delivering the very strong bids that it put in.

Mr Speaker: I thank the Secretary of State and colleagues for their co-operation.

Sheer poetry...

Sheer poetry...

Click on image to fully appreciate the joke

Bomb plotter wins parole challenge

Bomb plotter wins parole challenge

By John Aston, PA

Friday, 1 April 2011




A man jailed for 45 years for plotting to blow up an Israeli airliner won a High Court challenge today against Government refusals to allow his early release.

Two senior judges ruled that Nezar Hindawi, who is serving what is believed to be the longest specific jail term imposed by an English court, was subjected to a "flawed and unfair" decision-making process.

The judges quashed decisions by Justice Secretary Ken Clarke and his predecessor, Jack Straw, refusing to accept Parole Board recommendations that the Jordanian be released.

A further hearing will be held to decide whether the Supreme Court, the highest court in the land, should now make a final ruling, or whether the Justice Secretary should be ordered to reconsider his decision.

Hindawi was sentenced in 1986 for attempting to destroy an El-Al plane flying from Heathrow to Tel Aviv.

He hid Semtex explosive in the luggage of his pregnant fiancee without her knowledge, but the explosives were detected and the plot was foiled - avoiding a potential loss of 375 lives.

Hindawi, 56, became eligible to be considered for parole in 2001 after serving one third of his sentence.

His release date, without parole, falls in May 2016.

Successive Government ministers have rejected his applications for early release, leading to a series of legal battles.

David Blunkett, while home secretary, refused in 2003 to refer his case to the Parole Board.

Then, in November 2009, former justice secretary Jack Straw refused to accept a Parole Board recommendation that Hindawi be released - a decision adopted by his successor, Ken Clarke.

In the latest legal battle, Tim Owen QC, appearing for Hindawi, argued that the refusals were irrational and unlawful.

He told Lord Justice Thomas and Mrs Justice Nicola Davies at London's High Court that the Secretary of State had been "implacably opposed" to Hindawi's release throughout the parole process.

Today the judges agreed that the Secretary of State's decision must be quashed.

Lord Justice Thomas said the Board had recommended release in 2009, but Mr Straw rejected the recommendation.

In 2010 legislation took effect removing that power from Government ministers in the future, but it did not affect the Hindawi decision.

The judge ruled that papers put before the Secretary of State for him to make his decision "did not put a balanced case - they only put the case for rejecting the decision of the Parole Board, and no case as to why he should accept it".

The case for rejecting parole was drafted principally by the official who had had day-to-day conduct of the case in front of the board which the Government lost.

The Secretary of State was therefore not put in a position where he could properly take the decision, said the judge.

"That is contrary to principles of justice that our law has always applied in cases however heinous a crime might be.

"A consequence of the unfair procedure was that the decision made by the Secretary of State was flawed, principally because it did not set out proper reasons for rejecting the finding that the claimant was a credible witness, which the Parole Board made after hearing his evidence.

"His decision must therefore be quashed."

The judge said the Parole Board recommended Hindawi's release after concluding that he presented "no more than a minimal risk to the public and his remaining risk could be safely managed".

It recommended his release and deportation to Jordan.

Hindawi was from a well-to-do Palestinian family whose land had been expropriated by Israel, and the family had become refugees in Jordan.

His early life was surrounded by conflict. He was 12 when the Middle East six-day war broke out and the village where he lived was burned.

The judge said this was highly relevant to him being diagnosed with post-traumatic stress disorder.

He joined the Palestine Liberation Organisation (PLO), became a writer and travelled to London.

It was in London that he began his relationship with Anne-Marie Murphy, the fiancee he sent to board the aircraft with the bomb.

The judge said Mr Straw rejected the parole recommendation after personally considering a submission prepared by officials in the Ministry of Justice recommending rejection.

In his decision letter, Mr Straw told Hindawi that he lacked credibility and he was unable to accept Hindawi's claims that he had rejected terrorism.

In a summary of his conclusions, Mr Straw told Hindawi he had also failed to show he had full insight into his offending behaviour, or "demonstrated an adequate level of remorse and victim empathy".

Mr Straw said he did not consider that the "political science" material he had seen was persuasive evidence that the risk Hindawi posed could be managed by surveillance in Jordan following his deportation.

Despite suffering from post-traumatic stress disorder, Hindawi's ability to "manipulate and deceive" others - a key feature of his offence - had been demonstrated during both the parole process and while serving his sentence.

The Parole Board panel had assessed his risk at the time he committed his offences as "being as high as it could be".

Mr Straw concluded there was "insufficient evidence" that the risk he posed had reduced to the extent where it would be safe to release him.

Lord Justice Thomas dismissed Mr Straw's conclusion as flawed, with "no rational basis".

The judge ruled there had been "an unfair process that did not put the Secretary of State in a position to make a rational decision".

Officials taking part in the process conducted by Mr Straw had argued and lost in front of the Parole Board panel. That compounded the unfairness, said the judge.

The decision letter "did not set out a rational case for coming to a different view on credibility to that reached by the panel which had seen and heard the witnesses; that viciated the assessment of risk."

The judge said Mr Owen had suggested on behalf of Hindawi that there had been a "blind, pig-headed adherence to pre-cast set views" by the Secretary of State.

The judge said: "It might be fairer to describe it as more akin to a submission on appeal by a party who has lost and who resurrects on appeal those very same submissions."

Mrs Justice Nicola Davies agreed.

The judge said what should happen next would be decided at a later date following further legal argument.

The court would have to decide whether the Secretary of State should re-take his decision, or whether the Supreme Court should be asked to decide whether a ruling of the European Court of Human Rights meant he could no longer make the decision.

Later a Ministry of Justice spokesman, said: "The Secretary of State notes the judgment and will consider his options."

The spokesman said it was the MoJ view that the current Justice Secretary no longer had the power to make further decisions on Hindawi's release. The power was removed by the Coroners and Justice Act 2009.

If Hindawi was released from prison, he would be automatically subject to immigration detention and the UK Border agency would begin proceedings to remove him.

McCanns cruel April Fools Day joke

McCanns cruel April Fools Day joke



Friday April 1 2011 by Tracey Kandohla

THE mother of Madeleine McCann is using the book she has written to send a plea to her daughter’s kidnappers: “Please, let her come home.”

Kate McCann’s anguished account of her living nightmare since Madeleine was snatched nearly four years ago is set to be this year’s publishing sensation when it goes on sale next month.

Kate, and her husband Gerry hope the book will be read by Madeleine’s abductors and even by their daughter, who will turn eight next month.

A friend said last night: “The book is another warning from the family that they will never stop searching for their beloved daughter. Whoever snatched Madeleine should be warned that the book will only bolster the search efforts.”

Kate’s 384-page memoir, Madeleine, is being published on the missing girl’s birthday on May 12 and has been translated into several languages, including Portuguese and Spanish.

The family’s spokesman Clarence Mitchell said: “Kate is writing the book to raise awareness of her daughter’s disappearance and to pay private investigators to continue the search to find her.

“Ultimately she is hoping and praying it will lead to her daughter being found alive.”

The international drive to market the book is aimed at triggering a vital new lead in the long-running investigation.

A friend of Kate said: “Anyone will be able to get their hands on it. If Madeleine’s still out there, as her family and friends believe, she could have access to it.”

Kate, a 42-year-old doctor and her cardiologist husband Gerry, also 42, are convinced Madeleine was abducted nearly four years ago.

In desperation, Kate has sent an anguished public message to the kidnappers, begging them to treat her beloved Madeleine “with love and respect”.

The couple said on their Find Madeleine website: “We hope with all our hearts that wherever she is, she is safe and well.”

They also hope “whoever may be with her is treating her with the love and respect she so deserves”.

Anxious friends have revealed that Kate has been overwhelmed with emotion while putting the finishing touches to her book, which she hopes will raise millions of pounds for the dwindling fund set up to find Madeleine.

Within weeks of Madeleine’s disappearance money from the public poured in, but it emerged recently that the fund had dropped from its £2million peak to just a fraction of that amount.

A friend said: “Kate is hoping the book will keep the search going for another year.”

Madeleine will be published next month by Transworld, who have bought UK and Commonwealth rights, including Europe, Australia and Canada.

A source close to Kate said: “No American deal has yet been done but it will be.

“Kate wants the book to be global because Madeleine could be anywhere in the world.”

Madeleine went missing from the holiday resort of Praia da Luz on Portugal’s Algarve days before her fourth birthday in May 2007 while her parents were dining with friends in a nearby restaurant.

The official Portuguese inquiry into Madeleine’s disappearance formally ceased in July 2008 but private detectives employed by the McCanns have continued the search for their missing daughter.

The McCanns, of Rothley, Leics, have developed close links with American authorities and have made several fact-finding trips to the US National Centre for Missing and Exploited Children.

An investigator also recently claimed Madeleine had been taken across the Atlantic, one of a multitude of claims and sightings that have been made over the years.

Amateur detective Marcelino Italiano, 36, insists the youngster was abducted by an Algarve-based paedophile ring and has given the name of two key suspects to police. His claims are being looked into by private detectives working for Kate and Gerry.

According to friends, researching and writing the book has been heartbreaking at times for Kate.

One said: “Writing the book is proving to be a very painful experience for Kate, reliving all the awful memories and writing about her darling daughter when she is still not home.

“It is the book she never wanted to write but the family are desperate to keep the search for her going.”

Kate, who also has six-year-old twins Sean and Amelie, said: “My reason for writing is simple – to give an account of the truth.

“Publishing this book has been a very difficult decision but with the depletion of Madeleine’s Fund, it is a decision that has virtually been taken out of our hands.

“Every penny we raise through its sales will be spent on our search for Madeleine. Nothing is more important than finding our little girl.”

Kate has recently accused the Government of giving up the hunt for her daughter, saying a series of ministers had shrugged off her pleas for help.

She said: “We need action, not fluffy, worthless words.”

Comment: I was disappointed when the Daily Express decided to pay out damages for defamation to the McCanns rather than face them in court and expose them for what they are.

In my view, the Daily Express should be reported to the press complaints commission not only for the misleading headline but also the misleading story.

"Family warn kidnappers". What kidnappers? Has it been established that anyone other than the McCanns and the Tapas 7 are involved in Madeleine's disappearance? No! So, why is the Daily Express peddling this lie?

"Kate McCann's new book will be key to finding her daughter". Another false claim by the Daily Express. The book is just another way for the McCanns to profit from their crimes.

"THE mother of Madeleine McCann is using the book she has written to send a plea to her daughter’s kidnappers: “Please, let her come home.”". Kate McCann is not using the book for that reason at all. Let's enter the realms of fantasy for a moment and just imagine that Madeleine had become the victim of stranger danger. So, Paedo1 says to Paedo2, outside a book shop, "Oh look, Kate McCann has written us a message. Let's pop inside and buy a copy to see what she has got to say to us". Yeah, right, pull the other one!

"Kate McCann’s anguished account of her living nightmare since Madeleine was snatched nearly four years ago is set to be this year’s publishing sensation when it goes on sale next month". This is nothing short of a front page advert passing itself off as a news story!. Where is the evidence that "Madeleine was snatched"? The McCanns version of events was based upon a break-in to Apartment 5A. As we know, there was no evidence of a break-in. The McCanns invented the story, a complete lie. The McCanns have not to date explained why they lied to the media and the public over the fake break-in. It was not until October that Clarence Mitchell admitted that there was no break-in. If Kate McCann has indeed gone through a living nightmare then I would suggest it is because of the McCanns and Tapas 7's own guilt and not because of some fictious account of an abduction.

PCSOs to go under Coalition plans

PCSOs to go under Coalition plans

Coalition announces it intends to replace the existing Police Community Support Officers (PCSO) with Community Police Officers (Compo)

Prisoners Riot Over UK Vote Ban!

Prisoners Riot Over UK Vote Ban!

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Riot Police and prison officers in body armour have regained control of Prisons across Britain after inmates reacted to the Government’s refusal to give them the right to vote.

The Prison Officers Association said all of the rioters had now been detained, with six having been identified as the ringleaders. The union’s deputy general secretary, Mark Freeman, said that the prisoners had smashed up playstation rooms and that many of their jacuzzi and corner bath units were now beyond repair.

Reports from Strangeways prison, suggest that inmates destroyed the roller coaster and had badly damaged both the amusement arcade and relaxation suite. The damage meant that about 160 inmates had to miss out on starters for their evening meal and Home office officials have issued an urgent appeal after stocks of Fois Grois and canapes hit crisis levels in prison kitchens.

A Ministry of Justice spokesman said there had been no reports of injuries to prisoners or staff.

A “large amount” of political reading material had been found in the prison, and officers had been chasing inmates around for a couple of days “like a scene out of Benny Hill” attempting to get them to give up their copies of the Economist and Private Eye.

This reached a flashpoint when “In the early hours of Thursday staff tried to switch off coverage of Question Time’ Freeman said.

“When the prison officers pulled the plug, the inmates became violent and went on what we call a mutiny. This is a prison mutiny. This has been a long time waiting to happen.”.

Prison watchdogs have criticised UK institutions for their lack of sunbeds and 3D screens and believe that all of this when combined with the refusal to allow the vote tipped inmates over the edge.

A report by the prison’s own independent monitoring board in March 2009 found some prisons routinely operated with lupe warm power showers and that, in a gross infringement of their human rights, inmates had been denied the right to watch live Barclays premier League football matches.

One unnamed inmate spoke for prisoners across the land when he said ‘They’re treating us like criminals, at this rate we’d be better off going straight and finding a job’.

Juliet Lyon, director of the Prison Reform Trust, called for a review of prisons to determine how and why the riot broke out.

“Events of this kind are very rare in British prisons, and we must do everything in our power to stop it happening again….does anyone know how much a Sky subscription costs?’ she said.

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