Justice ministers were answering questions in the Commons. Subjects
covered included...
To read any of these in greater detail, either click on the link
above or see below.
Early Prisoner Release: Domestic Violence
(Ealing North) (Lab/Co-op)
What steps he has taken as part of the early prison release scheme
to ensure that potential victims of violence in domestic settings
are protected during the covid-19 lockdown period. [902951]
(Enfield North) (Lab)
What steps he has taken as part of the early prison release
scheme to ensure potential victims of violence in domestic
settings are protected during the covid-19 lockdown period.
[902957]
The Lord Chancellor and Secretary of State for Justice ()
Domestic abuse is an abhorrent crime, and I am determined to
better protect and support the victims of abuse and their
children and to bring perpetrators to justice. I also recognise
that measures announced to tackle covid-19 can cause anxiety for
those experiencing or feeling at risk of domestic abuse, and
therefore I have excluded any prisoner convicted of an offence
relating to domestic violence, including harassment and stalking,
from the scheme. I have also excluded anyone who is identified by
prisons, police or other agencies as a domestic abuse risk from
release under the scheme.
[V]
I thank the Secretary of State for his answer. As he will know,
an increase in domestic abuse has been widely reported during the
covid-19 outbreak. How many questions have he and the Home
Secretary had about suspending “no recourse to public funds” for
any victims of domestic abuse to whom that condition applies?
The hon. Gentleman will be glad to know that the Home Secretary
and I discuss many issues relating to domestic abuse. With regard
to public funding and access to justice, he will know that in a
large number of measures involving police activity on domestic
violence prevention orders, legal aid is not a barrier to those
orders being made. Indeed, emergency applications make the
domestic abuse test somewhat more accessible for people who need
that protection. There is ongoing work with regard to aspects of
legal aid, which we will return to later in the year, but I
assure him that we are doing everything we can to assist the
victims of domestic abuse, and not just in terms of access to
legal proceedings.
There is real concern that a six-month time limit on a summary
charge could mean that some domestic abuse victims may lose out
on the opportunity to take charge during lockdown. What steps is
the Department taking to address those concerns?
The hon. Lady raises an important point about summary-only
offences, which, although relatively speaking might be not as
serious as some other types of charge, have real effects upon the
victims of domestic abuse. I have certainly drawn my mind to that
issue throughout this crisis. I am confident, from the police
activity I see, that arrests and charges continue and that a
number of perpetrators are being charged within that time.
Nothing has led me to believe that there should be a problem with
regard to timely charging within the six-month time limit. That
can be done, and then these people can be brought to justice.
Secure Estate for Young People
(South Shields) (Lab)
What recent assessment he has made of the trends in the level of
violence on the secure estate for young people. [902952]
The Minister of State, Ministry of Justice ()
Levels of violence in our youth estate are too high. We are
determined to improve safety by investing in staff, education,
psychology services and mental health support and by trialling
secure schools, with the first to open at Medway. I was pleased
to read parts of the inspector’s report after he attended Cookham
Wood, Wetherby and Parc young offenders institutions as part of a
number of scrutiny visits last month, in which he described all
three sites as “calm and well ordered”, and he saw staff
interacting with children in a “caring, patient and professional”
way.
Mrs Lewell-Buck
In January, inspectors found that children were being confined in
their cells for up to 23 hours per day and were subject to
restraint techniques that cause injury and serious harm to
children. The Government know that, and yet they continue to
permit the use of those techniques. This is state-sanctioned
child abuse. The Charlie Taylor review was due to report on this
last summer. Where is that report?
The hon. Member is right to point out a number of reports in this
area. Her Majesty’s inspectorate of prisons thematic report in
January on the separation of children in YOIs made very difficult
reading. Because of that, we took a number of immediate actions,
including enhancing local and national oversight and establishing
standardised monthly data collection on separation. We
commissioned Charlie Taylor to conduct a review into the use of
pain-inducing techniques, and we will be publishing that report
very shortly.
(Bromley and Chislehurst)
(Con)
I appreciate that, as the number of young people in the secure
estate has reduced, the cohort has become often more difficult to
deal with. None the less, during its current inquiry the Select
Committee has heard compelling evidence that violence remains too
high. One of the concerns about Cookham Wood, which the Minister
referred to, is the shortage and regular redeployment of
staff—the churn and the inability to build relationships. Will
the Minister look again at the need for a serious approach—a
proper strategy for staffing in all our prisons but especially in
the secure estate, where the building of relationships is
particularly important.
My hon. Friend the Chair of the Select Committee recognises an
important point. We are ensuring at the moment that we do not
send young people to custody unless they have committed the most
serious crimes. As a result, more than 50% of the youth in our
estate have committed violent crimes. That leaves us with a
challenging cohort. We want to provide more bespoke, individual
support with early interventions for those in our care. As my
hon. Friend will know, we are committed to establishing secure
schools, which would expand our focus on education and individual
support.
We have increased staffing in the youth estate by 27% and we are
professionalising that service with a new foundation degree to
ensure that those who work in our youth custody services deliver
the right support.
(Tottenham) (Lab)
As children in the general population continue to return to
school, those in youth offender institutions remain locked up in
their cells for almost the whole day, without any access to
education. An inspection by Her Majesty’s Inspectorate of Prisons
last month found that children in Cookham Wood were spending just
40 minutes out of their cells. Can the Minister confirm that that
was immediately rectified? The Children’s Commissioner for
England found
“serious consequences for children’s rights, well-being and
long-term outcomes”
and said that
“family and professional visits have been severely curtailed.”
As the Government prioritise returning children to school, will
the Minister give me a date by which she expects all children in
custody to have access to education, activities and family and
professional visits?
I thank the right hon. Gentleman for his questions, which are on
a very important subject. He is right to say that in the youth
estate, as in the adult estate, we took severe measures when we
realised that we were facing a pandemic. We took those measures
to save lives. We were looking at 2,500 to 3,500 deaths across
the estate, so we took drastic action that we considered very
carefully, which resulted in a severe lockdown. Although every
death is tragic, as a result of the lockdown we have suffered
only 23 deaths in our prison estate.
The right hon. Gentleman is right to identify, as the inspector
pointed out, that there was a lockdown in the children’s estate,
with only a small amount of time out of cell. I am pleased to say
that that time has increased as the lockdown has continued, and
in YOIs children are now let out for between two and three and a
half hours every day. In the secure children’s homes there is
almost a normal regime, with 12 to 14 hours out of cell. We have
published our national strategy for recovery, and visits and
education will be some of the first things that return in the
children’s estate.
Mr Lammy
These extra limits on contact must mean that now, more than ever,
holding children in custody should be a last resort. One third of
all children on the youth estate are being held on remand without
a sentence. We know that two thirds of them will not receive a
custodial sentence. With criminal trials slowly being restarted,
what action is the Minister taking, along with the Lord Chief
Justice, to ensure that children held on remand are prioritised
for criminal trials?
The right hon. Gentleman is right to say that custody should be a
last resort. I am pleased to say that it is a last resort, which
is why we have a much smaller number of youth in custody at the
moment: just over 700 across our estate. He makes an important
point about remand, and I am pleased to say that, certainly in
the adult estate, the judiciary have looked at and fast-tracked
remand cases. I am also pleased to report that the Youth Justice
Board has looked at those who are currently held on remand, and
the youth offending teams will be reviewing whether any
applications can be made to help those people who are on remand
and can be released back into the community.
(Rother Valley)
(Con)
Does my hon. and learned Friend agree that it is vital that
prison officers have the right skills to manage young people? How
are we training prison officers who work on the youth estate to
ensure that we cut future offending rates and increase
rehabilitation?
My hon. Friend makes an important point about the training of
prison officers: it is important that they get the right training
to help turn lives around. We have introduced a new youth justice
specialist role, with funding for every prison officer in youth
custody services to take up a foundation degree in youth justice.
Thirty people have completed it and 400 have started the
training.
Prisoner Rehabilitation and Education
(Brent Central) (Lab)
What steps he is taking to ensure that rehabilitation and
education programmes for prisoners continue during the covid-19
outbreak. [902953]
The Minister of State, Ministry of Justice ()
In prison, as in the community, there have been restrictions,
which have been designed to keep prisoners and staff safe from
covid-19. We have taken unprecedented action and we have saved
lives. As in the community, it has required the temporary
suspension of classroom education. Education providers are
working with Her Majesty’s Prison and Probation Service to
deliver in-cell packs to support learning. We published our
national framework for recovery last week and hope to bring back
youth education in the next phase, with the adult estate
following in this phase after that.
Education is key if we are to curb reoffending. The Government
have talked about schools restarting, some last week and some on
Monday. It is vital that we have education in prisons, so when
will the Minister ensure that that happens? In addition, when
will the Minister ensure that testing is available in prisons?
Those are two important points. On education, I completely agree
with the hon. Lady that education is important to the reduction
of reoffending. As I mentioned, we have set out in our national
framework what provision we can bring back safely, and in the
first phase we will bring back education in the youth estate. On
testing, we already have some testing of prisoners in prisons,
and testing is available to our staff. We will roll out increased
testing in prisons as matters progress.
(Chatham and Aylesford)
(Con)
In Kent, Surrey and Sussex, the rehabilitation and education of
offenders continues once they are released from prison, thanks to
our excellent community rehabilitation company, which has also
altered its practices to ensure that it can maintain some level
of contact throughout the covid pandemic. In May, the CRC
contacted the Ministry of Justice contract managers to ask
whether a temporary change to unpaid work rules could be
implemented in order to deploy people sentenced to community
payback with small farmers and help with the Pick for Britain
initiative. Such a change could provide an estimated 190,000
hours of work. Has the Minister had the opportunity to talk to
colleagues in the Department for Environment, Food and Rural
Affairs about that suggestion, which would not only help
offenders to complete their rehabilitation but benefit our
farmers, who are desperate for workers?
My hon. Friend and other Members who represent Kent, Surrey and
Sussex work closely with their CRC. We are looking carefully at
how we can support the farming industry and other key sectors at
this time. In particular, we want to encourage ex-offenders into
permanent agricultural employment. The Secretary of State and I
have had discussions on the issue with our counterparts at the
Department for Work and Pensions. The New Futures Network, which
organises links between prisoners, prisons and employers, is in
active discussions with the National Farmers Union.
(Lewisham, Deptford) (Lab)
[V]
May I thank you, Mr Speaker, for all the work you have done to
ensure that I once again have the opportunity to represent my
constituents virtually? Thank you.
Worryingly, prisoners are getting less than 30 minutes out of
their cells each day during the current covid-19 crisis. What is
the Minister doing to ensure that all prisoners have access to
specialist mental health support and can continue to learn vital
skills for future employment, thus helping to break the cycle of
reoffending?
I thank the hon. Lady for her questions. It is right to point out
that, when the crisis first hit, we did significantly reduce our
regimes in prisons, but prisoners should have access to the basic
needs and should continue to do so, including in relation to
food, showers and exercise. They will have access to healthcare
in a number of ways. We have introduced in-cell telephony, which
helps support the healthcare they get and to support their mental
health through the Samaritans helpline and the Listener scheme
that we operate in prisons. We are also able to continue some of
our offender management programmes on a one-to-one basis. We set
out our national framework for recovery last week, and we are
very much looking forward to reintroducing those aspects that are
most vital to prisoners to help them get on with their lives.
(Rugby) (Con)
There are some great examples of rehabilitation programmes. One
is at HMP Onley, where the charity Futures Unlocked and Rugby
rotary club are collecting unwanted bicycles left at Rugby
railway station, which are taken to the prison for refurbishment
to provide purposeful work. Unfortunately, that project is
temporarily suspended, as there has been the challenge of being
able to collect the bicycles under the current measures. Will the
Minister join me in hoping that steps can be taken to get that
project up and running again at the earliest opportunity?
I am aware of the scheme, which is a great example of joint
working between HMP Onley, Virgin Trains and Halfords. HMPPS has
partnerships with over 300 such organisations, which provide
daily work in prisons in normal times, and we value these
partnerships enormously. Workshops have been closed in response
to the pandemic, but last week, as I have mentioned, we published
a national framework setting out how we will ease the
restrictions, which we will do as soon as it is safe to do so.
Personal Protective Equipment: Prison and Probation Staff
(Nottingham North) (Lab/Co-op)
What assessment he has made of the adequacy of personal
protective equipment for (a) prison and (b) probation staff
during the covid-19 outbreak. [902955]
The Lord Chancellor and Secretary of State for Justice ()
Personal protective equipment is critical to protect staff and
those in our care where close contact is necessary and
unavoidable. There is currently adequate stock and forward supply
of PPE, in accordance with public health advice. We have stock in
the hundreds of thousands for aprons, coveralls, eye protection,
pairs of gloves, respirator masks and fluid-resistant surgical
masks. However, we are making continued preparations and keeping
demand for PPE under regular review as we move into the next
phase of managing this outbreak.
I am grateful to the Secretary of State for his answer, and for
the support he has given me in recent years in my attempts to
make sure that HMP Nottingham is the safest environment it can
be. In that vein, will he give an assurance to staff at
Nottingham, and indeed prison staff across the estate, that as
lockdown restrictions are eased, they will still have access to
those PPE stocks that he talked about, and that if that is what
they need for them to be comfortable at work, they will be
permitted to keep wearing it?
I am very grateful to the hon. Gentleman. He knows, and he has
followed very carefully, the good progress that is being made in
HMP Nottingham. I know he would want me to pay tribute to all
prison staff for the incredible work they have been doing
throughout this outbreak. I can give him such an assurance. We
are looking to ease the lockdown, and as the Minister of State,
Ministry of Justice, my hon. and learned Friend the Member for
South East Cambridgeshire () said, we published the plan
for recovery last week. For example, for visits to prisons, it
seems sensible that visitors should wear coverings, so that we
can minimise the risk of an outbreak coming into prisons. All
those measures will continue to be discussed with the unions, as
we have done throughout this outbreak.
Departmental Priorities: Covid-19 Implications
(East
Lothian) (SNP)
What recent assessment he has made of the implications of the
covid-19 outbreak for his Department’s priorities. [902956]
The Lord Chancellor and Secretary of State for Justice ()
Covid-19 has indeed brought unprecedented challenges to the
justice system, but I am proud of how my Department, and
everybody in it, has responded to keep the wheels of justice
turning and to adapt to this changing world. We have harnessed
technology to use audio and video in 90% of our hearings, and we
are using video calls and secure mobile phones to keep prisoners
in touch with their families and to maintain order. Getting the
system fully back up and running is now our priority, which is
why we are working at pace on issues such as increasing jury
trials and, indeed, the legislative programme that we have. The
world is changing, but we will need to continue to ensure that,
as we recover, we build a more effective justice system.
[V]
As the Secretary of State is aware, 10 prison staff have died
from covid-19. As in the health and social care sector, it is not
medals that staff want, but decent pay and conditions. Will he
commit to adopting the best practice demands of the unions for a
safe working environment, and will he authorise the additional
financial compensation to families who lose a loved one to
covid-19, as applies in the health sector?
The hon. Gentleman knows that in response to this outbreak we
took particular measures agreed by the Treasury to ensure that
those working in the prison system were rewarded financially in
terms of incentives and extra pay to deal with the pressure they
were facing. That regime continues to exist, and we continue to
engage regularly with prison representatives and the unions to
discuss the issues he has raised. It is an ongoing discussion,
but he can be assured that I and my Ministers have taken every
reasonable step possible so far to support our dedicated staff.
(Tottenham) (Lab)
People still need justice, even in an emergency. In normal times,
more than 200 jury trials ordinarily take place in England and
Wales each week. During the height of the covid-19 lockdown, jury
trials were suspended entirely due to public health concerns. A
few weeks ago, as the lockdown measures were relaxed, jury trials
restarted, but at only a fraction of the normal rate. We expect
the Ministry of Justice to at least know the size of the
challenges it faces. What is the Secretary of State’s estimate of
the total number of jury trials in the backlog currently waiting
to be held?
The right hon. Gentleman will be glad to know that I continue to
look at that on a daily basis. The overall case load in the Crown
Court is approaching just over 41,000. Before the crisis it was
39,000, so there has been a slight increase. Within that case
load, the courts have managed a lot of cases that can be dealt
with administratively and by way of plea, but that does leave a
cohort of trials to be dealt with. Normally, 200 jury trials a
week will be heard in England and Wales, and we are still dealing
with a very small number. That will clearly tell him the scale of
the challenge, but I can say to him that both the Lord Chief
Justice and I are working together closely in order to scale up
capacity, to look at court hours and the way the courts sit so
that we can accommodate jurors and staff, and to do whatever it
takes not just to manage that case load number but to bring it
down as we go through the year.
(Edinburgh South West)
(SNP)
The Lord Chancellor has a strong record of defending judicial
independence, and I congratulate him on that. Does he agree that
it is equally important that those in Government do not seek to
influence the police or the Crown Prosecution Service in the
exercise of their duties? Can he confirm that that is why he,
unlike other members of the Government, refrained from tweeting
in support of when there was a live
issue as to whether Mr Cummings had breached the lockdown
regulations and guidance?
The hon. and learned Lady will know that I refrain, in
correspondence and, indeed, in statements or questions in the
House, from talking about individual cases. I remind her and the
House that, as Lord Chancellor, I will always act in a way that
is consistent with the rule of law. The independence of the
police and prosecutorial authorities has to be paramount, and
that is something that I will absolutely uphold. My
constitutional duties come first, and everybody within Government
knows that full well.
Perhaps the Lord Chancellor could share those thoughts with the
Attorney General.
Upholding human rights is also an important part of the Lord
Chancellor’s Department’s priorities. When the Minister for the
Cabinet Office gave evidence to the Committee on the Future
Relationship with the European Union recently, he made it clear
that the Government still intended to amend the Human Rights Act
1998. Can the Lord Chancellor reassure us that any such
amendments will not seek to abrogate domestic law giving effect
to the European convention on human rights?
I can tell the hon. and learned Lady that, as part of our
manifesto commitment, we have pledged to update the Human Rights
Act, which is now 20 years old in terms of its operation. That is
only the right and proper thing to do. I can absolutely assure
her that our membership of the convention is beyond any doubt or
peradventure. That will very much remain the case as we go
through the negotiations with our friends in the European Union
on the future relationship and, indeed, domestically as well. We
are working on an important independent review into the operation
of the Human Rights Act, and I will update the House when further
details are available.
(Midlothian) (SNP) [V]
People in Midlothian have made huge sacrifices, over months now,
to obey the rules, while the Prime Minister’s most senior adviser
was breaking them on multiple occasions. Does the Secretary of
State believe it is right that some unelected bureaucrats appear
to be allowed to break the law while the public are cautioned or
fined?
The hon. Gentleman can be reassured: he knows that I believe in
equality before the law, and that is why I refrain from making
comments about individual cases. I respect the decisions made by
the police independently and, indeed, by the Crown Prosecution
Service and any other prosecutorial authority either north or
south of the border.
Bereavement after a Public Disaster
(Garston and Halewood)
(Lab)
What steps he plans to take to help people who are bereaved after
a public disaster. [902958]
The Parliamentary Under-Secretary of State for Justice ()
The Government are determined to ensure that those who are
bereaved after a public disaster are treated with respect and
compassion, and get answers. That is why the Government ran a
consultation exercise on a proposal for an independent public
advocate, and we will publish a response in due course. In
addition, earlier this year the Government published a revised
guide to coroner services to promote effective participation for
bereaved people at inquests. On 23 March this year, the Prime
Minister appointed as an independent adviser working
with Grenfell Tower communities to represent their views at the
heart of Government.
I thank the Minister for that answer. He will know that under the
ten-minute rule procedure in this House, I have introduced the
Public Advocate Bill, which is informed by the experience of more
than 30 years of campaigning by the Hillsborough families and
survivors, and that Lord has introduced it in the
other place. Next time the Minister gets a chance to speak to the
Lord Chancellor, will he ask him if he will meet and me to see whether the
proposals on which the Government have consulted can be
strengthened to ensure that they meet the needs of those bereaved
by public disasters, because thousands more of our fellow
citizens could now benefit from us getting these provisions
right?
I thank the hon. Lady for her question and pay tribute to her for
the campaigning that she has done on this issue. I had the
opportunity to speak to my right hon. and learned Friend the Lord
Chancellor just a few seconds ago; he will be happy to have the
meeting that she requests.
Mr Speaker
I call acting shadow Minister .
(Hove) (Lab)
Thank you, Mr Speaker.
Disaster victims, just like victims of crime, deserve to have
their rights enshrined in law. Only last week, a murderer was
released on parole without the victim’s family even being
informed, let alone consulted. Successive Governments have
promised and pledged a victims law for the past 12 years. The
Tory manifestos for the past three elections have promised a
victims law. Will the Government commit to publish the draft Bill
by this autumn?
This Government are absolutely determined to stand up for
victims. We will be having a revised victims code and a revised
victims law. That is built on a proud record of standing up for
victims. [Interruption.] We will be publishing it as soon as
possible.
Video and Audio Use in Court Proceedings
(Harrogate and Knaresborough)
(Con)
What steps his Department is taking to increase the use of video
and audio to conduct court proceedings during the covid-19
outbreak. [902959]
The Parliamentary Under-Secretary of State for the Home
Department ()
The increased use of video and audio is a critical component of
our response to the current situation. Over the course of the
past eight weeks, we have increased the number of daily remote
hearings to about 4,000 per day—about a tenfold increase on the
pre-coronavirus level. That means that about 90% of all hearings
are now being conducted remotely.
I am very encouraged by that answer. One of the consequences of
this current crisis has been the impact on public transport
capacity and therefore people’s access to courts. Will my hon.
Friend consider the measures brought in in this emergency to be
part of the long-term future for delivering efficiency, access,
and a timely disposal of justice in our courts system?
My hon. Friend is absolutely right to point to the use of remote
technology not just in the current circumstances but long into
the future to help the quick administration of justice. We are
now in the middle of rolling out the cloud video platform, which
is the technology enabling court proceedings to happen remotely.
That will be fully rolled out in the Crown court jurisdiction and
the magistrates court jurisdiction by the end of this month, we
hope.
(Stockton North) (Lab)
We agree that with a backlog of over 1 million cases outstanding
in courts and tribunals at the end of last year, before the
coronavirus, virtual courts are part of the answer to tackle this
particular crisis. There is, however, evidence of cases being
halted because judges have felt that justice was not being
properly served and of defendants in virtual courts being likely
to get a more severe sentence than if they appeared in person. I
also understand that the vast majority of cases have been opened
just to be immediately adjourned. What assessment has the
Minister made of the effect of these things on people’s lives,
and will he agree to publish the number of cases simply opened
and adjourned over the last five months?
The data on court listings and hearings is published regularly
and available for everybody to see. On the administration of
justice, it is for the judge in each case to make sure they are
satisfied that justice is served by a remote hearing or by an
in-person hearing. Ultimately, decisions about whether a case is
heard in person or remotely are taken by the judge, having regard
to the circumstances of that case. Making sure that every
defendant gets a fair hearing and every witness and victim is
treated properly and fairly must remain always at the heart of
our approach.
Tenant Eviction: Coronavirus Act 2020
(Orpington) (Con)
What discussions he has had with the (a) judiciary and (b)
Secretary of State for Housing, Communities and Local Government
on the exemptions on evicting tenants under the Coronavirus Act
2020. [902960]
The Lord Chancellor and Secretary of State for Justice ()
The Government took the necessary action through the Coronavirus
Act to ensure that landlords could not start proceedings to evict
tenants until at least September, and on Friday, at my request,
the judiciary passed a new rule to protect renters by making sure
that evictions would be suspended until 23 August. I intend to
introduce the necessary secondary legislation. The Housing
Secretary and I will continue to work closely with the judiciary
and others to protect vulnerable renters.
I do not want anyone to be unfairly evicted at such a difficult
time, but could my right hon. and learned Friend offer guidance
on two constituents who have written to me separately as
landlords, the first having served notice to quit on a tenant
whose behaviour had become very nasty, and the second on a
heavily pregnant lady who had to return home from working abroad
when she was repatriated during the health crisis and who, along
with her family, is now unexpectedly homeless?
My hon. Friend knows that I am more than happy to hear more
detail about those individual cases if he writes to me this week.
On the general point, I can assure him that this was not a matter
I took lightly. I am bearing very much in mind the issue of small
landlords in particular and—shall we say—egregiously continuing
breaches, which is why we excluded, for example, trespassers from
the provision, because clearly there is a social necessity to
deal with them. Other measures are also available to deal with
antisocial behaviour, but I will look at the two cases he raises.
(Ruislip, Northwood and
Pinner) (Con)
Given the capacity constraints on the judicial system at the
moment, which are of concern to many of my constituents affected
by similar issues to those outlined by my hon. Friend the Member
for Orpington (), will my right hon. and
learned Friend give consideration to relaxing the mandatory
retirement age for magistrates so that the loss of our valued
local administrators of justice can be stemmed and additional
capacity be allowed in the system for the foreseeable future?
Your non-intervention, Mr Speaker, shows how ingenious Members of
Parliament can be in weaving in themes to questions. I admire my
hon. Friend’s tenacity. He will be glad to know that we will
shortly be consulting on the retirement age not just for
magistrates but for the judiciary in general. I am grateful to
him.
Court Backlog: Covid-19
(Bristol East) (Lab)
What steps his Department is taking to reduce the backlog of
court cases that has accumulated as a result of the covid-19
outbreak. [902961]
The Parliamentary Under-Secretary of State for Justice ()
As I have suggested already, we are currently engaged in a
herculean national effort to get our courts back up and running,
starting with the use of remote technology, which I talked about
a few moments ago. Beyond that, we are reopening courts that have
been closed. We are now up to 168 courts opened as of 3 June, and
we intend to open many more in the weeks ahead. We are also
working to make sure those courts are used to their maximum safe
capacity. Survey work is under way and has been completed in many
cases so that we can understand the safe socially distanced
capacity in those 168 open courts to make sure we use it fully,
but the herculean national effort continues.
There was already a huge backlog of Crown court cases before the
coronavirus outbreak. My concern is that many people will be
remanded in custody without having been convicted of any
offences. Technically they are innocent until proven guilty. What
impact has the outbreak had on the time they are having to spend
time remanded in custody without having been convicted of an
offence? Does he have numbers?
Custody limits do still apply as they did before, and I know that
as judges make their individual listing decisions, they have
regard to custody time limits approaching. I imagine that
individual judges as a matter of practice would seek to
prioritise cases where custody time limits are being approached.
Where someone has been convicted but awaits sentence, we have
been working very actively with the judiciary to prioritise
having those cases heard, because if upon sentence there is not a
custodial sentence, obviously the person is then free to go.
Those cases are being prioritised through the system, but in
particular by judges in the way they take their listing
decisions.
Mr Speaker
The Minister can maybe add Chorley to his list of reopenings.
Prison Capacity
(Wrexham) (Con)
What progress his Department has made during the covid-19
outbreak on meeting its commitment to increase prison capacity.
[902962]
(New Forest West) (Con)
What steps he is taking to increase prison capacity. [902973]
The Minister of State, Ministry of Justice ()
Mr Speaker, I know the subject of court reopenings is very close
to your heart.
To support the Prime Minister’s commitment to crack down on
crime, we are investing up to £2.5 billion to provide 10,000
additional prison places. Construction for our prison at
Wellingborough has continued safely since restrictions were
imposed in March, and in May we started on early works for our
prison in Glen Parva.
Will my hon. and learned Friend please provide an update on the
women’s residential centre pilot scheme, which is due to be
located in Wales?
As my hon. Friend will know, on 5 May I announced our commitment
to locate the first residential women’s centre in Wales, and we
are now working closely with our Welsh partners to develop a
detailed proposal for the site in Wales. Our intention is for
that to open by the end of 2021. I am grateful for her continued
interest, and I look forward to meeting her to discuss it next
week.
No additional capacity will be had by increasing early release,
will it?
As my right hon. Friend will know, we have tried to increase
headroom in the estate through a variety of mechanisms, and our
early release scheme is one of those. We are continuing to
operate that scheme.
Covid-19: Access to Justice
(Newport East) (Lab)
What steps his Department has taken to ensure access to justice
during the covid-19 outbreak. [902963]
(Westminster North) (Lab)
What steps his Department has taken to ensure access to justice
during the covid-19 outbreak. [902965]
The Parliamentary Under-Secretary of State for Justice ()
The covid-19 outbreak has raised real challenges for the justice
system, and we have taken rapid action where we can with the help
of practitioners and the judiciary, who have been fantastic, to
overcome those challenges and maintain access for all. Some 159
courts remained open across all jurisdictions, and a further 116
were staffed. On 18 May, we were able to restart jury trials, and
we will be scaling them up in the weeks ahead.
As the Secretary of State said earlier, it is estimated that more
than 41,000 criminal cases in England and Wales are in the
backlog, including three murders in Gwent. There is a real risk
that victims of the most serious crimes, including domestic
abuse, will withdraw. Will the Minister therefore meet with Gwent
MPs virtually to discuss what the Department is doing in our
area, as there is a real fear that justice delayed is justice
denied?
I thank the hon. Lady for the very proper concern that she
expresses. I or one of my fellow Ministers would be happy to have
a meeting. Every effort is being made to increase capacity to the
fullest extent possible, but on the specific issue she raised
about keeping victims and witnesses engaged, we are very much
alive to that. I spend a great deal of time speaking to victims’
services, which do a wonderful job, together with the police, of
making sure that victims remain informed, engaged and involved.
Ms Buck
The Law Society has highlighted how many legal aid providers are
in danger of imminent collapse, because of the financial
pressures of covid. They have had warm words from the Government,
but no more. Will the Minister tell us what discussions he has
had with the Treasury and when he last met it to discuss the
plight of legal aid providers?
Legal aid is absolutely vital in a fair society. It is one of the
vital bulwarks of our liberty, and we take extremely seriously
the needs of legal aid providers. Steps have been taken to ensure
that where there is money in the system—more than £400
million—that is more easily available for practitioners to draw
down, so that they can be helped to weather the storm. That is of
course over and above other schemes that apply to legal aid
practitioners as to everyone else, whether that is the furlough
scheme or the bounce-back loans scheme. Those measures are in
place to keep these vital providers in business so that they can
continue to do their important work.
Topical Questions
(Brighton, Kemptown)
(Lab/Co-op)
If he will make a statement on his departmental responsibilities.
[902976]
The Lord Chancellor and Secretary of State for Justice ()
The death of George Floyd in the United States and the protests
that have been taking place across the globe are stark reminders
that we live in a world where prejudice sadly and unacceptably
continues to play a role. We all have a duty to stand up to
racism wherever we see it, and I am more determined than ever to
work with our justice partners and the black, Asian and minority
ethnic community to address racial disparity in our justice
system. The right to peaceful protest is one of the hallmarks of
a mature democracy such as ours, but under the rule of law, which
is the guarantor of equality before the law. We must never accept
violence or criminal conduct as a legitimate tool of protest. At
a time when we face the national trial of covid-19, when for
months this whole country has come together to fight a deadly
plague, I believe that on this issue we, too, can and must come
together.
I join in the remarks expressed about the Black Lives Matter
protests, and the shadow Secretary of State wrote a fantastic
report on this and the justice system, which I thoroughly
recommend.
Will the Secretary of State ensure, in suspending all eviction
proceedings during this crisis and fulfilling his party’s
manifesto pledge to scrap no-fault evictions, that no tenant is
evicted post-crisis by the courts if they have offered to pay,
according to their respective means, a furloughed 80% of rent or
a universal credit local housing allowance rate during the
period?
The hon. Gentleman raises an interesting point. He will of course
understand that it is for the courts to judge each individual
case, but I am confident that the work being done by Mr Justice
Knowles and his committee to allocate and prioritise the work
that will need to be done in possession actions will allow courts
across the country to take very much into account the
circumstances of individual renters and the effects of covid-19
upon their incomes and their ability to pay.
(Colne Valley) (Con)
Following a series of burglaries and car break-ins in the Colne
and Holme valleys in January and February, West Yorkshire police
made a series of arrests. My constituents now want to see justice
done, so what is the Department doing to reduce the backlog of
court cases during the covid crisis so that my constituents can
see justice done? [902978]
My hon. Friend, whom I am delighted to see back in his rightful
place, speaks powerfully for the communities of Colne Valley,
whom he represents and has represented so ably. He will be
reassured to know that in the magistrates court a huge amount of
work is being done to deal with technology and to allow for
remote hearings, and the same is happening in the Crown court,
where guilty pleas are being dealt with expeditiously. The issue
here is about trials. He will have heard earlier the plans we
have to scale up, in capacity and sitting hours, the work that
needs to be done to bring justice to his constituents and many
more.
(Kingston upon Hull East)
(Lab)
Legal aid lawyers, often doing the most complex cases, are
already struggling for their financial survival, but the Justice
Secretary now plans to pile on more pressure through reforms of
fixed fees in immigration and asylum appeal cases. He knows that
this change means that lawyers will be forced to do more for an
awful lot less or will simply walk away, so will he acknowledge
that this ploy, pretending to give with one hand but snatching
far more away with the other, will further drive lawyers away
from representing the most vulnerable people? Will he now commit
to working constructively with those professions to find a better
and fairer alternative?.
The hon. Gentleman knows from my long background as a legal aid
practitioner that I always work constructively with the
professions and engage closely with the representative bodies.
It’s cynical.
The hon. Gentleman is making totally unfair comments from a
sedentary position. We have started, particularly with regard to
immigration, to increase the amount of money that is rightfully
being paid. We are looking at trying to make sure that the money
is targeted—[Interruption.] If the hon. Gentleman would listen,
perhaps he might learn something. [Interruption.]
Mr Speaker
Order. Let us calm it down.
Thank you, Mr Speaker. We are trying to make sure that the work
that is done, particularly in immigration cases, which often
involves a lot of preparation in skeleton arguments, is
remunerated. That end of it has seen a significant fee increase,
but it is an interim measure and the hon. Gentleman will be glad
to know that more work is being done in this area. Of course we
will engage closely with representative bodies. He may shake his
head, but he represents a party that took a knife to legal aid. I
will take no lectures from him about legal aid and what he did to
it. I had to live with the consequences of what his party did and
he can put that in his pipe and smoke it.
(Stoke-on-Trent North)
(Con)
Will my right hon. and learned Friend give a commitment that the
Government will not seek to extend the early release scheme,
which residents in Stoke-on-Trent North, Kidsgrove and Talke
think is too weak, and instead consider scrapping it? [902980]
I know that my hon. Friend speaks with conviction on behalf of
his constituents. He knows that necessary steps were taken with
regard to the covid crisis to allow a measured release of certain
types of lower-level prisoners as an attempt to contain the
outbreak. We have been very careful in the way that we have done
that. On the more general issue of release, he will know that a
scheme has existed for many years called home detention curfew.
There are no plans to extend that, and, again, he can be
reassured that we are dealing with prisoners who do not pose a
high risk and have been carefully assessed. He will know from the
measures I have taken to end automatic early release at halfway
that the Government are determined to ensure that when prison
terms are given, the majority of the term ordered is served.
(Newcastle upon Tyne Central)
(Lab)
As well as “I can’t breathe”, the Black Lives Matter protesters
cry “No justice, no peace.” I am sure the Secretary of State will
take the opportunity to condemn all violence and vandalism, as I
do, but does he also recognise that that cry cries out for a
response? Does he acknowledge that the Government’s failure to
take any action on the report on racial disparities in the
justice system by my right hon. Friend the Member for Tottenham
(Mr Lammy) is not the response that will reassure protesters?
[902977]
I am grateful to the hon. Lady for raising that important matter,
but she can be reassured that the work done by the right hon.
Member for Tottenham (Mr Lammy) and my Department’s response are
far from being ignored or deprioritised. As a result of what has
happened, we have already started “chance to change”, an
important initiative about deferring prosecutions. We are already
working to improve the way in which pre-sentence reports are
prepared, in order to eliminate bias. Important work is being
done to identify ethnicities within the system. In essence, the
vital tools and foundations are being prepared to deal with the
challenge that the hon. Lady rightly poses.
(Ipswich) (Con)
Following the immensely destructive Extinction Rebellion protests
last year and the violence and the criminal damage committed over
the weekend by a small minority of thugs, is my right hon. and
learned Friend confident that the law as it stands is on the side
of the law-abiding majority and our brave police officers, who
have really stood up and been counted over the past couple of
months? [902983]
My hon. Friend is absolutely right to praise the work of our
brave police officers, and indeed all emergency workers who put
themselves on the line, particularly in the context of this
crisis. We are in the process of looking carefully at the
sentencing maximums for assaults on emergency workers. I will
update the House on our progress.
(Sefton Central) (Lab)
The privatisation of probation has been a complete failure. The
Secretary of State might want to remind his colleagues of Serco’s
role in that failure, given the way it has just been awarded the
contract for covid test and trace, but for today will he tell us
when the family of probation services will be brought back
together in their rightful place in the public sector and end
this scandal of privatisation? [902985]
The hon. Gentleman knows that last year an important announcement
was made on the reform of the Probation Service, which is
progressing. I am considering the matter very carefully,
particularly in the light of covid-19 and the effects on the
process, and I will make a statement to the House as soon as
possible.
(Calder Valley) (Con)
The land banking scandal of nearly a decade ago is as real today
as it was then to some people, especially in cases where
solicitors have been prosecuted and struck off by the Solicitors
Regulation Authority. The SRA deems compensation claims out of
time after a year, even when the timescale from prosecution to
striking off can be over a year. Will my right hon. and learned
Friend ask the Legal Services Board to investigate whether the
discretionary compensation fund administered by the SRA is
actually fit for purpose?
I am grateful to my hon. Friend for his question. He and I have
discussed this matter on a number of occasions, and he is right
to raise this sensitive issue for those who have been unjustly
deprived as a result of a fraud. The fund, which is operated by
the SRA, is for those who have suffered financial loss
specifically caused by solicitors. It consulted earlier this year
between January and April. It would need to seek the approval of
the LSB for any changes to the fund. We need to be realistic
about the fact that any compensation fund will not be able to
fully recompense those who have lost under it, but I take his
point about time limits, and it is something that I will discuss
with him further.
(High Peak) (Con)
Following the death of George Floyd, there has been peaceful,
socially distanced protests in both Buxton and Glossop in my
constituency. We should not pretend that there are not very clear
differences between this country and the United States. It is 21
years since the Macpherson report and, as a country, we have come
a very long way since then, but there is still work to be done.
What steps are the Government taking to increase trust in the
criminal justice system among the BAME communities?
I am very grateful to my hon. Friend for his question. I can
enlarge on the points that I made to the hon. Member for
Newcastle upon Tyne Central (). In February of this year, we
published an update against each of the recommendations made by
the right hon. Member for Tottenham (Mr Lammy). I have mentioned
deferred prosecution schemes. There is also a change to the way
in which the use of force in prison is scrutinised. We have
completely revised the complaints process to ensure that it is
fairer. On the recruitment of BAME people into the system, we are
on target to meet our objective with regard to the percentage of
Prison Service recruits and have increased the number of senior
leaders. As the review recommended, we have concentrated on
improving the quality and transparency of data, which ensures
that we properly monitor ethnicity. A lot of work is being done,
but there is a lot still to do.
(Arfon) (PC) [V]
It is reported today that Ministers are desperately looking for
venues for Nightingale courts. Twenty two magistrates courts were
closed in Wales between 2010 and 2020, so will the Minister
reopen those courts so that the people of Wales can be properly
served?
The hon. Gentleman makes an important point, but what he has to
remember is that the extra courts need to be compatible with
social distancing. What we are looking for is space and room so
that people can stay safe, which is why in Wales we have been
looking particularly at civic buildings near the established
court centres in Cardiff, Swansea and, I think, Mold and
Caernarfon Crown court, which I know well. I am confident from my
close consultation with partners in Wales that work is being done
that will allow that capacity to increase and allow justice to be
served more swiftly in Wales.
(East Worthing and Shoreham)
(Con)
It is now more than a year since my Civil Partnerships, Marriages
and Deaths (Registration etc) Act 2019 passed. Before that, my
right hon. and learned Friend’s colleagues did a lot of work on
section 4, which would amend the Coroners and Justice Act 2009 to
empower coroners to investigate stillbirths. That has still not
happened—when is it going to happen?
I am extremely grateful to my hon. Friend for his work on this
matter and I am happy to continue to meet him on it. I had hoped
to publish our report on the consultation about now, but covid, I
am afraid, has affected things. My aim is to publish later this
summer in accordance with his wishes, but I will of course engage
with him on the matter.
(Glasgow North West) (SNP)
[V]
A recent study by the London School of Economics has shown that
people are torn about using the contact-tracing app, due to civil
liberties concerns. To increase public confidence, will the
Secretary of State commit to bringing forward a legislative
framework and independent oversight of the app to protect human
rights?
I thank the hon. Lady for that question. She knows that the Isle
of Wight pilot is still ongoing and the precise nature of the app
to be used has yet to be determined. I am quite clear—and I have
been clear to the Joint Committee on Human Rights—that, if there
was to be any change in the basis of the use of data, legislation
would be necessary. But the important points for me are consent
of the subject and indeed the use of that data and
confidentiality. If the existing parameters are maintained,
legislation might not be necessary, but we will have to wait to
see the precise ambit of the app.
