Smoking will still be allowed at La Moye Prison – despite UK and Wales banning cigarettes

Deputy Kristina Moore

Home Affairs Minister Kristina Moore said that in the light of current proposed changes to the regime of prisoners which could see them spend an hour a day more inside their cells, it was not the right time to consider any other changes.

The regime change is being proposed in an effort to cut staffing costs and reduce expenditure.

Deputy Moore’s comments come after it was revealed that all prisons in Wales will ban smoking from next January and HMPs Exeter, Channings Wood, Dartmoor and Erlestoke will follow in March. (see below)

Currently, prisoners in Jersey are allowed to smoke in their own cells and in the exercise yard outside, where they spend two 30-minute sessions a day.

Deputy Moore said: ‘Given the considerations to changes in the regime in prison at the moment, I think it would not be the right time to consider a ban on smoking.

‘We hold the consideration that the cell blocks have good ventilation systems.’

At a Home Affairs Scrutiny Panel hearing last month, panel chairwoman Deputy Louise Doublet raised concerns of potential unrest if the proposed regime changes at La Moye were introduced.

Guernsey Prison banned smoking in 2013. However, authorities were forced to purchase e-cigarettes for inmates who were addicted to smoking, over fears they might otherwise have had to face court action under the Human Rights Act.

Deputy Moore accepted that there was the potential for an adverse reaction.

Bill Millar, prisoner governor, said that up to two-thirds of inmates smoke, but the prison does offer support to help them quit. He has been in discussions with Dr Rhona Reardon, co-ordinator of the States’ Help2Quit service, about going into La Moye to offer further advice to inmates on stopping smoking.

Mr Millar added that one complaint regarding passive smoke had been made by an inmate in the past, but the matter had been dealt with.

Smoking will be banned in all Welsh prisons and four in England from next year to reduce health risks, the UK Government has said.

The move is the first step towards all jails in both countries becoming smoke-free.

From next month, open prison inmates will not be allowed to smoke indoors and will be restricted to outdoor areas. Plans are also under way to provide voluntary smoke-free areas in all prisons from early next year.

In a letter to Robert Neill MP, chairman of the Justice Select Committee, prisons minister Andrew Selous said the ban would not be rolled out overnight, but that it would be phased in.

He wrote: ‘Since the introduction of smoking legislation in 2007, our desire has been to move towards smoke-free prisons but, given the high prevalence of smoking and the unique environment of prisons, you will appreciate that implementing smoke-free prisons is a difficult thing to do.’

As things stand, prisoners are allowed to smoke in their cells but not in communal areas.

Measures such as e-cigarettes have already been introduced to reduce the risk of exposure to second-hand smoke, while ensuring order and control is maintained.

In his letter, Mr Selous said that recent academic studies commissioned by the National Offender Management Service (NOMS) identified high levels of second-hand smoke in some communal areas.

Mr Selous said: ‘We will continue to take a sensible and considered approach, using the experience of the first prisons to go smoke-free to inform the speed at which we move to smoke-free across our remaining prisons.

‘We have no plans to move to smoke-free prisons overnight and will only do so in a phased way that takes into account operational resilience and readiness of each prison. The operational safety and security of our prisons will always be our top priority.’

Deborah Arnott, chief executive of health charity ASH, said: ‘In light of the high levels of tobacco smoke in prisons, we are pleased that prisons in England and Wales will finally be going smoke-free, something ASH has been calling for since 2005. However, the plan only covers England and Wales, and we urge prison authorities in Scotland and Northern Ireland to follow suit.’

The Prison Reform Trust said prisoners should still be allowed to smoke outdoors.

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