PRISONS AND DISCRIMINATION

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PRISONS AND DISCRIMINATION

• Mike Kilroe
• November 2008

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OUTLINE OF TODAYS SESSION

• Race Relations policy in the Prison Service
• Prisons and Discrimination
• The Occupational Culture of Prison Officers
• Race Relations in Prison
• Deaths in Custody

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Race Relations policies in the Prison Service

• Prison Service one of the first bodies in CJS to
  develop a race relations policy
• First public sector organisation to impose a ban
  on staff connected with groups such as BNP
• Operates a strict policy of intolerance and
  dismissal for unacceptable behaviour
• Race Relations Officers appointed by governors

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Race Relations policies in the Prison Service

• The Race Relations Manual for the Prison Service
• First published 1991
• Structures/Procedures
• Management responsibilities
• Training
• Advisory Group on Race set up
• Introduction of Race Relations Management Teams
  working with CRE (Commission for Racial Equality)
  and NACRO (National Association for Care and
  Resettlement of Offenders)

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Race Relations policies in the Prison Service

• Following Macpherson Report (1999) further
  initiatives such as RESPOND (Racial Equality for
  Staff and Prisoners) were launched
• Aim to tackle racial harassment and
  discrimination
• The setting of targets in recruitment/ networks/
  training/monitoring of complaints etc
• 5 year action plans in partnership with CRE
• A report feeds into The Annual Report on the
  Prison Service

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Race Relations policies in the Prison Service

• Easton and Piper (2005)
• While there is a commitment to racial equality
  in the Prison Service it is still very hard to
  control discriminatory behaviour at a
  micro-level.
• CRE report in 2003 highlighted the survival of
  racist attitudes despite two decades of
  progressive legislation

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PRISONS AND DISCRIMINATION

• Racial harassment (overview)
• Procedures re complaint about racism
• Special local incident form
• Or, complain directly to CRE or Ombudsman
• It would refer to any incident perceived to be
  racist by the victim or another person
• But not easy as many prisoners reluctant to
  complain for fear of being seen as troublemaker/
  causing trouble for themselves/complaint not
  taken seriously
• Actions can be brought via legislation- Race
  Relations Act (1976) amended 2000 and The Human
  Rights Act (1998) obligations on behalf of
  public authorities to promote race equality

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PRISONS AND DISCRIMINATION (cont)

• Victimisation and harassment are problems which
  affect ethnic minority officers as well as
  prisoners
• A new support network (RESPECT) set up in 2001 to
  improve working conditions of black and minority
  ethnic staff and to support staff who have been
  victims of racism
• Prison rules have seen the inclusion of new
  disciplinary offences of racially aggravated
  assault/insulting behaviour etc
• But they tend to be directed at the behaviour of
  prisoners rather staff/visitors

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PRISONS AND DISCRIMINATION

• ETHNICITY AND DISCRIMINATION (early research in
  USA/UK)
• Jacobs (1979) Race Relations and the Prison
  Subculture in USA prisons
• The development of subcultures among inmates
• Paul Gordon (1983) White Law
• Racism among prison officers linked with
  membership of organisations such as National
  Front
• Harassment and brutality were common place
• Home Office playing down tensions between black
  and white prisoners

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THE OCCUPATIONAL CULTURE OF PRISON OFFICERS

• Elaine Crawley Doing Prison Work (2004)
• First piece of focused sociological research on
  prison officer culture in UK
• Research between 1997-2000
• 6 prisons
• Prison officers as diverse group
• Difficult and complex job
• Emotional labour and crafted performances
• Sustained performances (unlike police officers)
• Intimate interactions with distressed individuals
  (coping strategies)
• The contamination of home life

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THE OCCUPATIONAL CULTURE OF PRISON OFFICERS

• McDermott (1990) The impact of race relations
  policy in the Prison Service
• Few staff saw colleagues as racist
• Some staff felt they needed more race relations
  training
• Some were resistant , seeing it as reverse
  discrimination
• Ethnic minority officers felt isolated and
  marginalised
• Black prisoners see them as part of the
  establishment and white prisoners see them as
  having a chip on their shoulder

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THE OCCUPATIONAL CULTURE OF PRISON OFFICERS

• Chigwada et al 1997
• The occupational culture of prison officers
  promoted an us/them outlook not dissimilar from
  core police occupational culture
• Black inmates as management problem
• Asian prisoners Model prisoners but devious and
  often the victims of bullying by other inmates
• More by the book disciplinary measures against
  black prisoners
• Clear evidence of direct discrimination
• A further layer of criminalisation of black
  people at institutional level

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THE OCCUPATIONAL CULTURE OF PRISON OFFICERS

• Genders and Player (1989)
• Racist attitudes part of the occupational culture
  of prison officers
• The job is dangerous and officers are often
  isolated which lends itself to an us/them
  outlook
• Many prison officers had a strong military
  background

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RACE RELATIONS IN PRISON

• Home Office have commissioned 3 key pieces of
  research into race relations in prison
• Genders Player 1989
• Burnett Farrell 1994
• Ellis, Tedstone Curry 2004
• Evidence of direct and indirect racism in first
  two studies

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Genders Player 1989

• Analysis of prison records
• Observations of daily routines
• Interviews with staff and prisoners
• Staff dismissive of problems
• Use of racial stereotypes by prison officers
• Black people as lazy, arrogant, noisy and hostile
  to authority
• Having a chip on their shoulder
• A management problem
• Their values incompatible with British society
• These are seen as innate characteristics
• White prisoners given better jobs
• Yet, research via National Prison Survey in same
  period showed black and Asian inmates more likely
  to attend education classes

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BURNETT Farrell 1994

• Prison officers differential use of discretion
  with regard to complaints, punishments etc
• Differential access to jobs, training and
  education
• Physical abuse in prisoner-staff and
  prisoner-prisoner relations
• Differential knowledge re race relations
• Lack of specialist products etc

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IMPROVING RACE RELATIONS IN PRISONS 2004

• No clear evidence of prisons implementing race
  relations policies
• Respond and Respect initiatives late 1990s
  but little evidence they work
• Diversity agenda for prison staff in early 2000s
  overlooked prisoner experiences
• 3 prisons, A B C
• Action style research
• Reviews and recommended measures

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PARC PRISON CRE REPORT 2003

• Parc Prison Bridgend
• Opened 1997
• Privately run by Securicor by HM Prison Service
• Examining events between 1991-2000
• 900 category B adult prisoners and young
  offenders
• The organised culture of racist inmates
• Little sign of pro-active approach by staff to
  stopping racist behaviour
• HM Inspectorate report in 2002 suggested
  improvement in race relations at Parc
• However, CRE(2005) still arguing that prison
  service is still not tackling racism.
• Campaign against Racism Facism The issue of
  suicides nationally
• Anti-Corruption Unit (MET) report August 2006 the
  growing problem of corruption among prison
  officers
• Sept 2006 Pentonville prison accused by Chief
  Inspector of prisons , Anne Owers, of
  institutional disrespect

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PRISON REFORM TRUST (PRT) REPORT SEPT 2006

• Experiences of Minority Ethnic Employees in
  Prisons (2006)
• Interviews
• Black and minority ethnic (BME) prison staff
• Consist of less than 6 of UK prison staff
• Most cases of discrimination handled by white
  staff
• Lack of reporting (mistrust)
• BME staff more likely to experience
  discrimination from colleagues than prisoners
• Covert and structural racism has replaced
  blatant discrimination
• Racism pushed underground

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Foreign national prisoners

• Increase in the number of foreign national
  prisoners in UK
• Migration/drug trafficking offences
• Some convicted prisoners who have ended sentences
  but are awaiting deportation
• Large proportion of women (drug couriers)
• Problems re language/ translation facilities/diet
  etc
• Some suffer physical/mental health problems
  linked with experiences in country of origin
• Increased suicide as an issue
• In the Verne (adult mens prison) foreign
  nationals make up over half the poulation

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Discrimination and Compensation

• Payouts
• Increase in payouts by Prison Service
• Typically, assaults/ sporting/medical negligence
• Home Office 2006 HMP Liverpool 2.8 million
  compensation
• 2008 6.5 million to prisoners in Leeds
• Prison service admits litigation culture
• Spiralling claims masquerading as human rights
  (Then shadow Home Secretary, David Davis 2006)

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Discrimination and Compensation

• Leeds Prison (2008)
• 15 former Black and Asian inmates awarded
  120,000 for beatings/ abuse/ racial
  discrimination
• Between 2003 and 2005
• Some of the abuse via staff and some via staff
  failing to protect against abuse from other
  prisoners
• Ministry of Justice settlement based on cost
  rather than admission of guilt

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Deaths in custodyThe Shahid Aziz case

• Leeds Prison 2004
• Shahid Aziz murdered by cellmate (Peter McCann)
  less than 30mins after they were locked up
  together
• Information re McCann passed on via probation
  services not acted upon by prison staff
• Earlier complaints from Aziz not acted upon
• In 2007 official inquest found a series of
  failings by the Prison Service contributed to the
  death of Shahid Aziz

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DEATHS IN CUSTODYTHE ZAHID MUBAREK CASE

• Feltham HM Young offender Institution and Remand
  Centre
• Regime includes education, workshops, various
  types of vocational training, Offending behaviour
  groups, pre-release courses
• Zahid Mubarek murdered by inmate Robert Stewart
  in March 2000
• Inquiry Report chaired by Mr Justice Keith June
  2006
• Very critical of regime at Feltham
• Previous attacks ignored
• Attackers allowed to continue their practice
• Gladiator fights between inmates
• Individuals named- Governor, Head of Swallow
  Wing, Doctor , principle officers, Managers etc,
• Casual disregard towards racism
• Structural issues-no strategic direction-low-moral
  e- non communication between institutions-poor
  inspections-overcrowding etc