The most dangerous extremist prisoners in England and Wales will be held in “supermax-style units” similar to those used in US jails, David Lammy has told MPs.
The deputy prime minister also said he would consider drawing up legislation to stop prisoners from using human rights laws to challenge tougher conditions in jail.
Jonathan Hall KC, the independent reviewer of terrorism legislation, was commissioned to carry out a review on separation units in May. His report was published on Tuesday.
Lammy said he would accept Hall’s 13 recommendations in full.
They include:
The creation of a new tiered separation centre system, with the most dangerous extremists facing stricter conditions. As reported in the Guardian last month, Hall recommended that privileges could be earned or taken away depending on closely monitored standards of behaviour.
Consideration of whether new legislation is required to protect decisions taken by experienced staff in separation centres from human rights legislation. Hall wrote that prisoners have been able to use article 8 of the European convention on human rights (ECHR) to challenge conditions in separation centres. “In my view, the government should take steps to limit the application of article 8,” he said.
An expert-led review of training for staff.
Further improving intelligence collection practices to reduce unnecessary bureaucracy.
Lammy said separation centres, special units inside prisons to house Islamist extremists, would be transformed with a new tiered system.
Prisons that currently have the centres are HMP Full Sutton near York, HMP Frankland in County Durham, and HMP Woodhill in Milton Keynes.
Lammy said: “Mr Hall identifies a clear need to transform the way that separation centres are governed and operated. That is why we will explore all available options to overhaul the system, including at the next spending review, the creation of new tougher supermax-style units for the most violent, disruptive prisoners.
“This will be a tiered system, with movement between tiers permitted following rigorous new risk assessments.
“We will begin designing this system immediately.”
Lammy said he would consider whether legislation to “protect decisions taken by experienced staff in separation centres” is needed after a high court ruled that a convicted terrorist had his human rights breached by being kept away from other prisoners.
“We will also consider whether new legislation is needed to protect decisions taken by experienced staff in separation centres from mitigation on article 8 grounds, exploring the full range of options to deliver this while being clear we will remain compliant with our obligations under the ECHR,” he said.
The shadow justice secretary, Nick Timothy, said the UK must leave the ECHR to stop prisoners using it to “escape separation centres”.
The chief executive of the Howard League for Penal Reform, Andrea Coomber, expressed concern at the proposals.
“It is important to emphasise that the review has not recommended the creation of a ‘supermax’-style prison in the UK. The review rightly finds that it is not necessary to impose such a level of inhumane conditions to manage risk and prioritise safety in custody,” she said.
“We wait to see how the tiered approach to separation centres will be operationalised, and in particular the Howard League is concerned at proposals to water down Article 8 human rights.”
