§ Ms RuddockTo ask the Secretary of State for the Home Department (1) who was consulted prior to the announcement by the Prison Service that authorised employees would be given powers to search in Her Majesty's prisons;
(2) who he envisages will be the designated authorised employees who shall have the power to search prisoners for unauthorised property;
(3) what training authorised employees will receive to assist them with the search of prisoners for unauthorised property;
(4) what working definition he will use of reasonable force in pursuance of powers of search of prisoners by authorised employees for unauthorised property.
§ Mr. Peter LloydBecause of the need to take the opportunity offered by the Criminal Justice and Public Order Bill to legislate, there was not time for formal consultation before the measure was announced. If the legislation is enacted, we shall be drawing up guidance to governors on how to implement the power. We shall consult the trade unions representing the staff concerned before issuing the guidance.
The guidance will cover which categories of staff may be authorised to search. At present it is envisaged that the employees concerned will be civilian staff involved in the custody or supervision of prisoners, e.g. instructors in workshops, caterers in charge of kitchen parties, night patrol staff and night custody officers. They will not be staff whose duties do not involve direct contact with 931W prisoners. Governors will be able to choose which categories of staff within the guidelines should be authorised to conduct searches in the particular circumstances of their establishment.
The guidance will also advise governors to arrange local training for any staff who will be exercising the power. The kind of search involved is a simple "rub down" search, similar to the kind frequently conducted on passengers passing through airport security, so it is a fairly straightforward procedure.
The proposed power of search is backed by the power to use reasonable force if necessary. As at present envisaged, the guidance will make it clear that prison officers should be called in if any prisoner offers resistance to being searched. Civilian staff will not be asked forcibly to search prisoners.