HC Deb 10 March 1999 vol 327 cc274-6W
Mr. Austin

To ask the Secretary of State for the Home Department what plans he has to review the procedure for disclosure in inquest cases to take account of the recommendations in the Annual Report of the Police Complaints Authority 1995–96 regarding deaths in police custody and the recommendations of the Parliamentary Ombudsman in the case of Kenneth Severin (C993/97 and A27/99). [75884]

Mr. Boateng

Guidance is shortly to be issued to Chief Officers of Police about the disclosure of documentary evidence to interested parties in advance of inquest hearings which concern deaths in police custody. The guidance advises that disclosure should be normal practice in all cases of deaths in police custody, as well as deaths arising from fatal road crashes involving the police.

The Prison Service has reviewed its practice in relation to investigations into deaths in prison custody, as a result of which it proposes to investigate any death occurring after 1 April 1999 on the basis of disclosure, before the inquest, to those whom the Coroner believes to have a proper interest in preparing for it.

Mr. Austin

To ask the Secretary of State for the Home Department if he will review whether the policy of the Prison Service in relation to disclosure of internal inquiry reports is in accordance with the Code of Practice on Access to Government Information; and if he will make a statement. [75890]

Mr. George Howarth

The Prison Service has reviewed its practice in relation to investigations into deaths in prison custody, as a result of which it proposes to investigate any death occurring on or after 1 April on the basis of disclosure, before the inquest, to those whom the Coroner believes to have a proper interest in preparing for it. This disclosure must not, of course, compromise the inquest or any criminal proceeding or infringe the legal rights of witnesses. Each case will be reviewed in accordance with the code.

Mr. Austin

To ask the Secretary of State for the Home Department if he will release to the family of the deceased the internal Prison Service inquiry report into the recent death at HMP Belmarsh of Peter Knox. [75892]

Mr. George Howarth

The report has been received by the director of dispersal prisons, who commissioned it. He will review the family's request under the Code of Practice on Access to Government Information, and in consultation with the Coroner. Members of the family have met the senior investigating officer who carried out this investigation. She has passed their specific concerns to the director.

Mr. Austin

To ask the Secretary of State for the Home Department what discussions he has had with the Prisons Ombudsman regarding complaints about deaths in prison custody and the rights of a deceased person's family; and if he will make a statement. [75893]

Mr. George Howarth

The Prisons Ombudsman meets Home Office Ministers on a regular basis to discuss a range of issues. An internal Home Office review, which reported in November 1998, considered whether the Prisons Ombudsman's terms of reference should be extended to include the investigation of complaints relating to deaths in prison custody. The report recommended that a decision on this issue should be deferred until the Prison Service had established its policy on the disclosure of its internal investigation reports.

A protocol allowing pre-inquest disclosure of investigation reports to properly interested parties is to be introduced on 1 April. We intend to reconsider whether the Prisons Ombudsman's remit should include deaths in custody once the impact of this protocol has been properly assessed.

Mr. Austin

To ask the Secretary of State for the Home Department what action he has taken or proposes to take following the publication of the Parliamentary Commissioner for Administration's reports (C993/97 and A27/99) on his investigation into the complaint from the family of the late Kenneth Severn. [75889]

Mr. George Howarth

The Prison Service has accepted the criticisms made by the Parliamentary Commissioner (Reports C993/97 and A27/99). In his reports, the Commissioner acknowledges the improvements in procedures which were made in the light of the three tragic deaths following restraint which occurred in 1995. Good progress has been made both locally and nationally by the Prison Service in improving control and restraint procedures, and improvements have been made at Belmarsh. I wish to acknowledge the contribution which the Parliamentary Commissioner's investigation and report has made to these.

The Prison Service has accepted the Commissioner's judgment that the internal investigation report into Mr. Severin's death should now be made available to the family.

Mr. Austin

To ask the Secretary of State for the Home Department what action he has taken following his meeting with the hon. Members for Erith and Thamesmead and for Bristol, East (Ms Corston) on 21 July 1998 concerning the deaths of Kenneth Severin, Alton Manning and Dennis Stevens. [75891]

Mr. George Howarth

My right hon. Friend the Member for Gateshead, East and Washington, West (Ms Quin), the then Minister with responsibility for prisons and probation, met with the hon. Members for Erith and Thamesmead and for Bristol, East (Ms Corston) on 21 July 1998 to discuss their concerns about the deaths of Kenneth Severin, Alton Manning and Dennis Stevens. Since that meeting, the Prison Service has continued to work on a range of measures to improve control and restraint training, investigations into deaths in prison custody and the handling of relatives following a death.

A full review of policy on control and restraint procedures was carried out last year. A revised training syllabus for basic training is nearing completion which reinforces instructions that officers will release prisoners from restraint holds as quickly as possible. Improved monitoring and auditing of the use of force will be adopted by the introduction of a new Prison Service Order on the use of force, which is shortly to be issued.

In the autumn of last year, a Prison Service instruction was issued reinforcing standardised procedures to be adopted in investigations into deaths in custody. At the same time, a Prison Service Order was issued outlining guidance and good practice in the sensitive handling of bereaved relatives during the traumatic aftermath of a death in custody. This work will continue with moves towards greater openness in pre-inquest disclosure of information to families from 1 April this year.

Following the recent decision by the Crown Prosecution Service that no charges should be laid in connection with the death of Mr. Alton Manning at Blakenhurst in 1995, the Prison Service has commissioned an investigation as to the reinstatement or revocation of the certification of the prison custody officers involved.

The death of Mr. Dennis Stevens at Dartmoor in 1995 is under investigation by the Parliamentary Commissioner for Administration following a complaint by Inquest on behalf of the family.