Juliette Jowit 

Are books really banned in prisons?

Prisoners have been stopped from receiving books as parcels: how restricted will inmates' reading habits become, is there really a list of banned titles, and what is on it?
  
  

Reading group at Wandsworth prison, south London.
Reading group at Wandsworth prison, south London. Photograph: Martin Godwin Photograph: Martin Godwin

Updates from G4S and Ministry of Justice

Update from G4S about HMP Oakwood.

After emailing a copy of the letter to Inside Time from a prisoner at Oakwood (posted at 12.39pm yesterday) to the company that runs the prison, G4S, I received the following reply, denying the key allegations that prisoners cannot buy books and cannot have 12 books in their cells:

Prisoners can purchase books from approved suppliers; the approved supplier at Oakwood for the supply of books is Amazon.

Prisoners are allowed to use the library and take books back to their cells. The Incentive and Earned Privileges policy states that prisoners can have 12 books in their possession.

The Ministry of Justice also replied on the issue of whether there is a list of books prisoners cannot buy:

There isn't one single nationwide list of books banned from prisons.Each prison governor has the discretion to ban access to any reading material if he or she considers that the content presents a threat to good order or discipline, or that possession of the material is likely to have an adverse effect on the prisoner’s physical or mental condition.

Finally, a kind reader emailed a link to a more recent version of the National Product List of what prisoners are allowed to buy: it is dated 2012, and you can see it via this link.

Verdict

Are books banned in prisons? Patently no. It is though much harder to get access to them: how hard depends on how well stocked a prison library is, how well staffed it is, how much time prisoners are allowed to use it for, whether the librarians are motivated to find titles, how much money a prisoner has to spend, and - under this new policy - how well the prison authorities judge an inmate is behaving.

Whether the supply of books through libraries is adequate is the subject of a much wider investigation, but all the indications are not. Whether it is therefore a fair policy to restrict other means of getting books is a topic for debate, some of which is found below (or above, depending on which way you are reading!)

Whether there is a list of banned books or not I still don't know. It appears not to be published in an easy-to-find format (if at all). The Ministry of Justice simply didn't reply to my original questions, then told me they "thought" not: I have asked for clear clarification of whether such a list exists, and if so if it is available to publish. I will post below the line or update here, depending on when they reply.

Thanks for taking part today. The comments have been particularly helpful at times. I do sincerely appreciate the time people take. Today was perhaps particularly good because everybody seems to share an interest in reading and books, and that perhaps was what gave it focus.

The Ministry of Justice replies

I sent a list of questions to the Ministry of Justice this morning.

Here are the key questions and replies:

What were the old rules governing receiving packages by post?

It was at the governor's discretion.

What are the new rules?

Other than in exceptional circumstances, prisoners are not allowed to receive parcels. This is to minimise security risks, contraband being sent to the prison and to prevent prisoners bypassing the incentives and earned privileges scheme, which limits prisoners’ access to certain privileges.

Prisoners need to take responsibility for their offending behaviour and earn privileges — not simply through the avoidance of bad behaviour but also by working, taking part in education or accepting the opportunities to rehabilitate themselves. Privileges will only be given to those who demonstrate such behaviours.

Access to books is not considered a privilege and all prisoners have access books from their prison library and education departments. They can also purchase them using their own money.

Do all prisons have libraries, and do you have a record of how many books and how many different titles (in case there are multiples of some titles) are on offer in each prison? (Or in total?)

Every prison has a library and all prisoners have access to books from there. Books are not considered a privilege and access to library books is not restricted by the IEP scheme.

No prison libraries have been closed and funding for them has not been cut.

Prisoners can have up to 12 books in their cell at any one time.

Can prisoners' borrow books from other prisons or local council libraries on loans?

Libraries in prisons are run by local authorities and there is inter-library borrowing. So if a prisoner wants a book that is not available in their library, staff will do their best to track it down.

There were other questions about buying books, some of which I have (sort of ) answered already, some of which - notably the list of banned books - I am hoping I will still get answers too.

Inside Time magazine which I quoted from earlier has sent some more background info I can post.

They did a legal fact-sheet on the IEP (earned privileges scheme) here:

http://www.insidetime.org/resources/Factsheets2014/IEP-Lines-Chivers-2014.pdf

And this particular policy change (PSI2013-030) was covered extensively in the December issue:

http://www.insidetime.org/index.asp?m=December_2013&pdf=December_2013.pdf

I have not read the links in full yet, but thought some people would be interested to delve deeper, and this is one of the few sources on this which will be properly informed by serving and former prisoners.

Chris Grayling replies

Yesterday Grayling wrote a reply to Frances Crook of the Howard League on Penal Reform on the website of politics.co.uk:

Let's be clear about one thing: prisoners' access to reading material is not being curtailed. All prisoners may at any one time have up to 12 books in their cells. All prisoners have access to the library, irrespective of which institution they are being held in.

If any prisoner wishes to buy books with the money he or she gets from their pay, then that is up to them. If a prisoner has engaged with their own rehabilitation in prison, then he will be on a higher level in the Incentives and Earned Privileges scheme, and so would have more money to spend – on books if he so chooses.

Later Grayling also argued:

It was never the case that prisoners were simply allowed unlimited parcels – books or otherwise. Such a situation would never have been secure or practical. What has happened is that we have introduced consistency across the estate.

It would only be fair to read the whole letter. I highlight the first two paragraphs as a fair summary, and the third as something that bears checking in more detail. Not being allowed unlimited parcels is not the same as previously having a situation where some prisoners were not allowed to receive books as post (there are many other way that prisons could limit parcel post - consistently or not.)

Today Grayling has written again, this time for the Conservative Home (independent but party faithful website). This time he has expanded his defence of the policy, focusing on the impracticality of keeping prisons safe and orderly:

So hands up who thinks we should make it easier to smuggle drugs into prison? Or who thinks someone who threatens a prison officer and loses their privileges as a result should simply be able to phone home – and get the things they are no longer allowed to buy in the prison shop sent in from home instead?

Exactly.

So when a left-wing pressure group launches an attack on us over books, you have to start by deleting the word “books” and inserting the word “parcels”.

It was never the case that prisoners were simply allowed unlimited parcels – books or otherwise. There’s good reason for it. We have about 85,000 people in our prisons. If each received a parcel each week, we would have something like four and a half million parcels a year coming through the prison gates. It would be a logistical impossibility to search them all, and they would provide an easy route for illegal materials. When you are working hard to keep drugs and extremist materials out of prisons, that hardly seems a good idea.

The only change over the past few months has been to ensure that all prisoners are treated the same. They can receive one parcel of essential items when they first arrive, but after that they can only get letters and cards from home, unless the circumstances are exceptional.

As ever it is hard to fact check and avoid opinion. I hope I have provided a fair taste of the views on both sides about the real issue - not that books are banned, but that it has got harder to get them.

Statement by the Howard League for Penal Reform

Some have questioned why a policy published last year and introduced in November is in the news today.

Yesterday Frances Crook, chief executive of the Howard League for Penal Reform charity, wrote an article for politics.co.uk arguing against the new regulations. The subsequent row has been somewhat diverted by what the government has actually done. But the charity understood all along (not surprisingly) and was in fact specifically arguing against the wisdom of including books (and some other items such as clothes) in the re-written incentives scheme.

A statement on their website yesterday reiterated that argument:

The reality is that most prisoners on an ‘entry’ or ‘standard’ regime will be allowed no more than £10 or £15.50 a week, which means that almost all a prisoner’s weekly allowance would be spent on just one title. Even the most ardent book lovers tend not to spend all of their weekly wage on what they read.

Over the last year, because of shrinking prison budgets, staff cuts and increasing numbers, prisoners have been spending even longer in their cells.

It is common for prisoners to spend 20 hours a day in their cells during the week. At weekends they can be cooped up from Friday lunchtime until Monday morning. Conditions have deteriorated so much in recent months that this has become a major concern.

In those circumstances it is the little things that make a difference. Being able to read a book is a lifeline and a way of nourishing the mind.

As families and friends are now forbidden from sending basic items into prison, prisoners are sitting in stinking cells, wearing dirty clothes, with nothing to do and not even a book to read. We urge the government to reconsider this draconian measure.

Here is the National Product List of items prisoners are allowed to buy from their weekly wages (usually £10-15) and money sent in by friends and relatives (for which there is also a weekly maximum that can be spent, depending on where prisoners are in the Earned Privileges Scheme under discussion today).

The list I have linked to is dated November 2011. If anybody finds a more up-to-date link, please do post it below or email me (juliette.jowit@theguardian.com) or tweet to @JulietteJowit. Thanks in advance.

The list above has a little more than 800 of the maximum allowed 1,000 items at any one time. They are predominantly phone credit, stamps and stationery, toiletries and food. No books. I need to find out if that is because books are part of a separate system for ordering, which judging by comments below the line and elsewhere I believe is almost entirely done through Amazon.

Another interesting comment from a prisoner via a letter to the magazine Inside Time (available on their website, here):

No books at HMP Oakwood

From Nicholas Jordan - HMP Oakwood

After reading a lot of complaints in your pages about the new IEP system it struck me that some prisoners are saying they can only have 12 books in possession - lucky sods! Here at HMP Oakwood we do not have that luxury. There is no system in place here to purchase books from an approved supplier. We can buy games consoles or DVD players but cannot get books for love nor money. And neither can we have them sent in. The prison library is poorly stocked and trying to order an unstocked title can lead to a 3 month wait, though you usually get a slip back saying the title is 'unavailable'. I find all this ridiculous, especially if you want to use your time to educate yourself. So much for a 'forward thinking prison'.

An example of the wider debate that is surely needed about access to books in prisons far beyond this latest policy row.

I will contact HMP Oakwood for comment and report back if they can reply today.

Updated

I raise this above the line for people who do not have time to read whole comment threads:

Having recently been released from prison, I hope I'll be able to help clarify the current situation for Guardian readers.

The new Prison Service Instruction (PSI 30/2013) which came into force on 1 November 2013 imposes a strict ban on anything being sent into prisoners (there are two exceptions: a reception parcel of private clothing (only) for newly sentenced prisoners and stamped addressed envelopes. Both of these are entirely at the individual governor's discretion and most are unlikely to deviate from Chris Grayling's instructions. Books or magazines of any kind cannot be sent by family, friends or outside organisations. Some approved religious texts can be loaned to prisoners by the prison chaplaincy team.

It is true that prison libraries exist. However, in many closed prisons (A, B, C-cats), access to the library can be severely restricted. I've been in establishments where prisoners only get 20 minutes a week to visit the library and change books. Also, with the current cutbacks, few new books are being bought and local county libraries - which often run prison libraries on contract - are increasingly unable to supply books on inter-library loan.

The PSI cited above requires prisoners to purchase books and magazines from prison approved sources (including Amazon). However, funds to purchase such items have to come from either prison earnings (typically £10 - £12 a week). Out of this money prisoners increasing have to buy basic toiletries (ie toothpaste, shower gel etc as more and more prisons don't supply them) and pay either 50p or £1 a week for television set rental (depending on whether you're in a shared cell). Prisoners can receive strictly limited amounts of cash from family or friends (max £25.50 per week), but most prisoners come from deprived backgrounds and their families often can't support them.

What no-one appears to have noticed yet is that the new PSI also sets a strict limit on the number of books a prisoner is permitted to have in possession at any time: 12 (excluding the Bible or other approved religious texts. This means that prisoners studying for Open University courses or other qualifications often cannot purchase or have required study material.

I can confirm that all prisons DO maintain an official list of banned books. This can be found in the NOMS Public Protection Manual. It is very detailed and is designed to prevent violent or sexually explicit material entering prisons. However, it also includes a wide variety of political texts considered 'subversive', particularly Anarchist and Islamist material. What many prisoners do not appreciate is that the books they borrow from prisons libraries are liable to be scrutinised closely to identify 'offence-related' or 'anti-social' interests, even if those volumes are held on open access shelves.

The wider debate, however, is whether the new restriction on books (whether via cost, limits on number of items or via list of banned titles) does anything to reduce reoffending or assist rehabilitation, particularly when it undermines efforts by prisoners to improve their education? I would say not.

The policy document

Thanks to (whisper it) buzzfeed, I have a link to the policy document that has sparked this furore.

The rules in question, Incentives and Earned Privileges, were published by the National Offender Management Service in October last year, and came into force on November 1. These guidelines were published for prisons following the government's review of the Earned Privileges Scheme (IEP), published in April last year. They only apply to offenders of 18 and over.

Here is an explanation of the policy from the document itself:

The Incentives and Earned Privileges (IEP) scheme was introduced in 1995 with the expectation that prisoners would earn additional privileges through demonstrating responsible behaviour and participation in work or other constructive activity....In order to earn privileges, prisoners will now have to work towards their own rehabilitation, behave well and help others. The absence of bad behaviour alone will no longer be sufficient to progress through the scheme.

When they enter custody or are convicted, prisoners start on "basic" or "entry", and by their behaviour can rise to "standard" or "enhanced" levels of privileges. Full definitions are in section 4.

The list of what they cannot and can do depending on their status is much longer than books: some issues, such as a ban on subscription TV channels have been widely commented on before; others I at least was not aware of. Other restrictions on "entry level" prisoners include:

  • Using the prison gym;
  • Having access to more cash;
  • Access to higher paid work in prison;
  • Wearing their own clothes, as opposed to standard issue blue prison wear.

It adds:

Incentives arrangements are fair, consistent and not subject to unfair discrimination. They support the requirements of the establishment and meet the needs of the population where practicable. Basic level provides access to the safe, legal and decent requirement of a regime on normal location.

The six key earnable privileges are:

  • Extra and improved visits;
  • Eligibility to earn higher rates of pay;
  • Access to in-cell television;
  • Opportunity to wear own clothes;
  • Access to private cash;
  • Time out of cell for association.

In addition, section 10 sets out Additional Non Designated Key Earnable Privileges. These must be chosen from a new standardised "menu" (Annex F). For example (from page 46):

Specialist products including music CDs, DVDs, an extended range of products suitable for vegans, an extended range of religious items, electronic games, electronic equipment, clothing, footwear, books, mother and baby requirements, and cosmetics may, at the discretion of the establishment and subject to the Incentives and Earned Privileges Scheme, be purchased by prisoners for their own use, through catalogue suppliers.

This is where the controversy about books springs from. I quote:

To ensure that the IEP scheme is not undermined the general presumption will be that items for prisoners will not be handed in or sent in by their friends or families unless there are exceptional circumstances.

Governors have discretion to determine what constitutes exceptional circumstances; this could include for example disability/health aids or an artefact for religious observance, stamped-addressed envelopes so as to facilitate a prisoner’s ability to communicate or where there is a need to replace clothing due to restricted access to laundry facilities.

So, in brief, books and other items cannot be sent to prisoners because they are part of an earned privileges scheme: if inmates could be posted stuff there would be less incentive for them to behave better (my summary, not my opinion).

There is detail about some items having to be bought from a National Products List and through approved suppliers. I will check if this applies only to things that could pose a "threat" (eg to make sure only non-internet enabled games consoles are bought) or covers books (eg this rumoured banned books list).

I've just been looking at the official (gov.uk) guidelines for Staying in touch with someone in prison.

Interestingly, it appears to say that there is no restriction on receiving letters, though unless the letter is from a legal advisor it can be opened and read.

The list of banned items says nothing about books, or indeed most things you could receive in parcel. I quote:

3. Banned items

You must not send or give anything to a prisoner that:

  • is indecent or obscene
  • threatens the security of the prison
  • is written in code
  • the prisoner has written that they want to publish and be paid for

It’s a criminal offence to send or give a prisoner:

  • illegal drugs
  • alcohol
  • weapons
  • a camera
  • a mobile phone

Contact the prison if you’re unsure what you can send or give.

The clue might be in the "contact the prison" section. The justice department apparently want to harmonise different rules applied by prisons.

Among the other interesting sections is the information that you can send money to someone in prison. There is no mention of restrictions on this. They could then, presumably, use this to buy books. Obviously this does not help in all circumstances - second hand books being an obvious one - but it would help in some cases.

Authors, academics and former prisoner governors are among those condemning new rules banning prisoners from receiving small packages such as those containing books, calling them vindictive and warning they will set back rehabilitation. Chris Grayling, the justice secretary, says inmates can still borrow from prison libraries and buy titles they want to read.

Here is the Guardian's report on prison minister Jeremy Wright's interview on the BBC Radio 4 Today programme this morning.

So how easy will it be for offenders to read in future? Are such gifts totally banned? How well stocked are libraries? Can prisoners afford to buy books? And is there really a list of censored titles?

Updated

 

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