Prison Capacity
(South
Ribble) (Con)
What steps his Department is taking to increase prison capacity.
(Milton Keynes North) (Con)
What steps his Department is taking to increase prison capacity.
The Minister of State, Ministry of Justice ()
We have committed more than £4 billion to deliver 18,000
additional prison places across the prison estate by the
mid-2020s to support the Prime Minister’s commitment to crack
down on crime. Those 18,000 prison places include the 10,000
places being made available through the construction of four new
prisons, the expansion of a number of other prisons,
refurbishment of the existing prison estate, and the completion
of our ongoing prison builds at HMP Five Wells and Glen Parva.
Wymott bowling club has been based at HMP Wymott, near Ulnes
Walton, for about 42 years. It is a fantastic part of the
community, with a library in a portakabin because the old
building associated with the prison estate had to be knocked
down. It has some big ideas for a really good community resource,
but it needs to know when the Ministry of Justice will finalise
its plans. Can my hon. and learned Friend share when the
community centre can have some certainty and get its exciting
plans under way?
I am happy to do that. I really understand the value of community
centres, and I am aware of the brilliant plans that Ms Kitching,
the chair of Wymott bowling club, has for a new community centre.
Work is under way to determine appropriate sites for other
prisons, and we need to ensure that we do not release land we own
that we might use in the future. We expect to make a decision on
this in spring 2021. My hon. Friend will be pleased to know that
my officials are planning to meet Ms Kitching in mid-December to
discuss this matter in more detail, and I would be happy to keep
my hon. Friend updated.
[V]
Can my hon. and learned Friend confirm what types of offender
will be prioritised for these new prison places and that the most
dangerous criminals will be kept off our streets?
We anticipate that the additional places will deliver a mix of
places based on population type and category, which will enable
us to ensure that prisoners are kept in the right security
category according to their risk assessment. In September, the
Lord Chancellor published “A Smarter Approach to Sentencing”,
which sets out our plans for a system that protects the public.
These reforms will ensure that serious sexual and violent
offenders and those who are dangerous are kept in prison for
longer.
(Tottenham) (Lab)
England and Wales already have the highest imprisonment rate in
western Europe. Shocking figures released last week show that the
prison population is going to explode from 79,000 to 100,000 by
2026. Overcrowded, understaffed and crumbling prisons can never
be safe. In 2016, the Conservatives pledged 10,000 extra prison
places by 2020, but they have only managed 200. They pledged
another 10,000 last year, but the Ministry of Justice says that
the business case has not yet been approved. Trust matters in
politics. It is fatally damaged when pledges are missed and
promises are broken. The Secretary of State said last week that
he would provide 18,000 new prison places. Why should anyone
believe him?
The right hon. Member mentioned the fact that we had
overcrowding. I would like to point out that overcrowded
accommodation has gone down since the Labour Government in 2004.
He also mentioned the increase in the prison population. That is
not something that has just occurred under this Government.
Labour failed to reduce the prison population, which increased by
nearly 25,000 between 1997 and 2010. We have already made
significant progress on the development of two prisons, and we
have made a commitment to build others. Those plans are well
under way, and we will be delivering them.
Government and Parliament: Relationship with Courts
(Lichfield) (Con)
What plans he has to review the relationship between Government,
Parliament and (a) the Supreme Court and (b) other courts; and if
he will make a statement.
The Lord Chancellor and Secretary of State for Justice ()
As set out in our manifesto, we are looking at the broader
aspects of our constitution, including the relationship between
the Government, Parliament and the courts. Our independent courts
and legal system are respected around the world, and I would like
to protect our world-class judiciary from being drawn into
political matters. I am interested in reviewing the
Constitutional Reform Act 2005, and I will update the House on
arrangements in due course.
[V]
My right hon. and learned Friend will share with me—indeed, I
suspect the whole House will share with me—the respect we have
for our Supreme Court and its judgments. Nevertheless, it is
called in from time to time to look at issues that are highly
political and highly contentious. Does he not agree with me that
we urgently need to establish some sort of framework so that we
can decide precisely what the Supreme Court should be looking at
and what issues are perhaps beyond or different from its remit?
I am grateful to my hon. Friend, and I understand the concern
that he outlines. Of course, the Supreme Court does not of its
own volition investigate matters. It hears cases and answers the
questions before it on arguable points of law of general public
importance. However, as I have already said, I think it is
important that we look again at the balance. As a full-throated
supporter of an institution that brings together the three
jurisdictions of our United Kingdom, I want to make sure that its
future is indeed a secure and a bright one.
(Edinburgh South West) (SNP)
The terms of reference for the Government’s review of the Human
Rights Act 1998, which were announced yesterday, include the
relationship between domestic courts and the European convention
on human rights. But of course human rights themselves, as
opposed to the Act, are not a reserved matter, and Scotland’s
courts play an important role in supervising human rights
protections under the Scotland Act 1998. So can the Lord
Chancellor give me a cast-iron guarantee that the British
Government are not planning to interfere with the competence of
the Scottish Parliament in respect of human rights and the
jurisdiction of Scotland’s separate legal system in enforcing
human rights protections?
I am happy to assure the hon. and learned Lady that the terms of
reference have been carefully couched to make it clear that we
have distinctive contexts and natures in each of the
jurisdictions, and that they will be considered where that is
necessary. I am also content that where there are particular
questions on devolved matters or of a devolved nature, the
independent review will be approaching or inviting engagement
from all appropriate parties. Of course, it is only the first
stage in making recommendations. I can assure her that any
proposals that will come forward will of course involve the
fullest consultation with the devolved Administrations and,
indeed, of course the fullest respect for the devolved
settlement.
(Bromley and Chislehurst) (Con)
Can I welcome the tone of my right hon. and learned Friend’s
statement and his very clear commitment to supporting the
independence of the judiciary? That is an absolute and
fundamental principle of our constitution, and should never be
undermined by anyone. Can I also welcome the terms of reference
of the review, which are balanced and measured in relation to the
Human Rights Act and, in particular, the quality of the panel
that has been appointed? I happen to have known Sir Peter Gross
throughout my professional career, and he is known as both a man
and a judge of the highest independence and integrity, as are the
other members of the panel. Perhaps my right hon. and learned
Friend can reassure us that they will have a completely free hand
to act as they think is appropriate within the terms of
reference, without any pressure on their independence from any
quarter.
My hon. Friend the Chair of the Justice Committee is absolutely
right to highlight the impeccable credentials of the chair, Sir
Peter Gross, not only as a distinguished former Lord Justice of
Appeal, but of course as the judge responsible for international
relations: he understands very well the issue of judicial
diplomacy, which is very much at the heart of this review. I am
glad that the geographical representation also includes an
academic from the Republic of Ireland, because it is my
fundamental belief that we need to look at the position in all
parts of our islands to respect not only the human rights
settlement, but the Belfast agreement.
(Tottenham) (Lab)
The independent review of the Human Rights Act will have an
enormous impact on the basic rights and freedoms that British
citizens enjoy. The Government caused outrage by failing to
publish submissions to the independent review of administrative
law. Transparency and accountability are fundamental parts of our
democracy. Will the Secretary of State guarantee that both the
submissions to the human rights review and the review itself will
be published in full?
I think perhaps the right hon. Gentleman is to be forgiven for
his descent into hyperbole when it comes to the ambit of this
review. It is all about the mechanism, and comments about
fundamental rights being affected are way wide of the mark.
First, with regard to the process in the review, it is a matter
for the review as to what precise submissions it publishes, but I
can assure him that the outcome of the review and the
Government’s position will of course be published in full, so
that he will be able and others will be able to digest it and we
will be able to debate the matter.
Court Cases: Backlog
(Manchester, Withington) (Lab)
What progress he has made on tackling backlogs in HM Courts and
Tribunals Service.
(Feltham and Heston) (Lab/Co-op)
What progress he has made on tackling backlogs in HM Courts and
Tribunals Service.
(Sevenoaks)
(Con)
What steps his Department is taking to reduce the backlog of
court cases that has accumulated as a result of the covid-19
outbreak.
The Parliamentary Under-Secretary of State for the Home
Department ()
Justice systems around the world have been profoundly affected by
the coronavirus pandemic, but I am pleased that the court system
in England and Wales has been among the world’s leaders in
recovering from that pandemic. Magistrates court disposals are
now exceeding receipts, and 260 Crown Court jury rooms are
operating—more than we had before the pandemic. Substantial
additional resources, both people and money, have been put into
the system, to ensure that our recovery continues to be
world-leading.
The Lowry theatre in Salford is being used as a nightingale
court, which I think is a good idea and model because it brings
income to a venue that has been hit hard by the crisis. However,
it is one of only 16 courts that were up and running by the end
of November, and the chief executive of the Courts Service has
said that we need 200 to clear the backlog. What number does the
Minister think we now need to clear the backlog?
As the hon. Gentleman says, 16 nightingale courts are up and
running, and the Ministry of Justice has secured a total of just
over £110 million in additional funding from the Treasury, to
support not just those nightingale courts, but many others as
well. We intend to open further nightingale courts in the future.
I am glad that the hon. Gentleman welcomes the use of the Lowry
theatre—we all do—and as I said, up to 260 Crown Court jury rooms
are now open and operational, which is more than we had before
the pandemic.
The backlog for individual cases in employment tribunals has
already passed the post-2008 financial crisis record, with 37,000
workers in the queue. Analysis by Citizens Advice suggests that
if that continues to grow at the current rate, the number of
outstanding claims could pass 500,000 by spring. When will the
Minister take action at the scale necessary, and stop the
Chancellor’s jobs crisis becoming a justice crisis, by targeting
much needed support to employment tribunals?
As I said, we are putting a great deal of extra resources into
the justice system, including employment tribunals, to ensure
that we recover from coronavirus. There is £110 million in total
extra this year, and a further 1,600 staff of Her Majesty’s
Courts and Tribunals Service across the entire system. The hon.
Lady mentions employment tribunals, and I am pleased to report to
the House that since the beginning of October, disposal rates in
the employment tribunals have been running at 740 a week. That is
higher than the level of disposals pre-pandemic, which was 718 a
week. We hope and expect that that recovery will continue.
There has been a welcome focus from the Department on domestic
violence and sexual assault cases, including the landmark recent
Domestic Abuse Bill. We know that a delay in bringing those types
of cases to court can lead to a significant increase in attrition
rates, and therefore convictions. Will Ministers focus
particularly on bringing those types of cases to court quickly,
and will they meet me and the Kent police and crime commissioner,
, to
discuss what more we can do?
My hon. Friend is right to draw attention to that important area,
and it is certainly a matter that Ministers are mindful of and
focused on. The judiciary decided early on in the pandemic to
prioritise domestic violence protection orders, so that even when
much of the court system had stopped functioning in the immediate
aftermath of the first lockdown, DVPOs continued. As judges
consider which cases to list, they are mindful of my hon.
Friend’s point about protecting vulnerable witnesses and victims.
In addition, we have committed £28 million extra to support
domestic abuse services, and we have provided £800,000 to the
finding legal options for women survivors project, which provides
free legal support to victims—my hon. Friend the Member for
Cheltenham () has been leading on that work. I would be delighted to
meet my hon. Friend and the Kent police and crime commissioner,
, who is
doing a fantastic job for the people of Kent, and I look forward
to that meeting happening in the near future.
Mr Speaker
I am sure there must be a link to the question there somewhere.
(Stockton North) (Lab)
The Lord Chancellor was keen to talk up his court successes in
his statement on Thursday, yet the situation remains dire in many
parts of his Department, according to answers to my written
questions. The number of effective trials was down from 19,000 in
2010 to 12,000 last year, and that was before covid; expenditure
on recorder sitting days has halved from £19 million to less than
£10 million since 2018; and disposals in care proceedings within
the legally required 26 weeks have collapsed to just 34%. This is
about people’s lives, so will the Minister outline when victims,
witnesses and families will get the court system they desperately
need and justice will be properly served?
The shadow Minister makes reference to a reduction of trial
numbers last year. Of course, that is because crime is
significantly down since 2010, when Labour left office. If there
are fewer crimes being committed, there will be fewer trials in
consequence; that is a symptom of success. The outstanding case
load in 2019 was in fact at a 10-year low.
As I have said already, we are fully committed to making sure
that the justice system recovers from the pandemic. That is why
we have more Crown court jury trial rooms open now than we did
before the pandemic, we are consulting on having extended
operating hours to allow more cases to be heard, we have put £110
million of extra money in, we have recruited 1,600 extra
staff—[Interruption.] It is working, as evidenced by the fact
that there are more magistrates court trials now than there were
before the pandemic and disposals are exceeding receipts. We will
continue this work and make sure that the recovery in this
jurisdiction continues to lead the world.
Homophobia in Football
(Folkestone and Hythe) (Con)
What discussions he has had with Cabinet colleagues on bringing
forward legislative proposals to strengthen sentencing to tackle
homophobia in football.
The Parliamentary Under-Secretary of State for Justice ()
All hate crimes, including where motivated by homophobia, are
unacceptable. The courts already have powers to treat hostility
based on sexual orientation as a factor that aggravates the
seriousness of an offence. However, hate crime laws in England
and Wales are complex and are spread across different statutes.
That is why the Government gave a commitment to carry out a
comprehensive review of hate crime legislation. That review is
currently under way.
I am grateful to the Minister for his answer and in particular
for the review being done by the Law Commission at the moment,
which is looking specifically at the incidence of homophobic
abuse in sports grounds. As the Minister will know, the Football
(Offences) Act 1991 defines “racialist” abuse—that is the word it
uses, which shows how old the Act is—but not homophobic abuse.
Clearly, there is no space for abuse of any kind in a sports
environment. In particular, match day stewards and officials seem
unclear of their powers in these situations.
I thank my hon. Friend for the work that he has done on this
issue. It has been noted and appreciated. He is absolutely right;
from memory, it is question 57 of the Law Commission’s review of
this precise issue. I hope that that work progresses. The
extraordinary thing about football is that so much of an advance
has been seen in respect of racism, yet homophobia still seems to
exist, although I have to say that there is much better work
going on in the women’s game than the men’s. The men need to
catch up.
Covid-19 in Prisons
(Hornsey and
Wood Green) (Lab)
What steps the Government are taking to respond to covid-19
outbreaks in prisons.
The Minister of State, Ministry of Justice ()
Throughout the pandemic, we have worked really closely with
Public Health England to respond to any outbreaks in prison and
to keep our staff and those in our custody safe. We are taking a
number of measures, which include compartmentalisation—keeping
separate the vulnerable, those who are symptomatic and those who
are coming into prisons from outside—as well as increased testing
and more use of personal protective equipment, including face
masks, where it is appropriate.
During these tough times of covid, health and safety is more
important than ever. Will the Minister consider introducing a
hotline for staff so that they can report health and safety
breaches, particularly around the covid question but in other
regards as well, given that prisons are a difficult place to
work?
I thank the hon. Lady very much for her suggestion. There are a
number of hotlines available to staff. We work very closely with
the unions on a local level, as well as a national level, but I
am very happy to take away her suggestion to see whether it is
necessary.
Youth Justice: Racial Disparity
(Portsmouth South) (Lab)
What progress he has made on tackling racial disparity in the
youth justice system since the publication of the Lammy review in
September 2017.
(Luton North) (Lab)
What progress he has made on tackling racial disparity in the
youth justice system since the publication of the Lammy review in
September 2017.
(Ilford North) (Lab)
What progress he has made on tackling racial disparity in the
youth justice system since the publication of the Lammy review in
September 2017.
The Lord Chancellor and Secretary of State for Justice ()
We have taken important action across the review recommendations.
For the three recommendations specific to youth, we have promoted
parental and community involvement in referral order panels and
evaluated an update of the Youth Justice Board’s ethnic
disproportionality toolkit. Beyond that, we have now ended
automatic disclosure of youth cautions on criminal records. We
have put equalities plans in all young offenders institutions and
are piloting the Chance to Change alternative to charge, which
was one of the recommendations of the review. However, there is
no quick fix and more work will continue to be done.
With fewer than half of the Lammy review’s recommendations having
been enacted and with many others from many other reviews into
deaths in custody still outstanding, what can the Secretary of
State do to assure black, Asian and minority ethnic communities
that the Government are not just dragging their feet on racial
disparity in the justice system?
I can assure the hon. Gentleman that that is far from the case.
Indeed, 16 recommendations have been completed. There are two
recommendations that we did not take up, but of the 17 that are
still in progress, we aim to complete 11 within six to 12 months.
I am being told that the further six will take slightly longer.
That is not good enough for me and I will be going back to my
officials to make sure we make earlier progress. I can assure him
that, as overall numbers go down in the youth estate, what
concerns me is that we are still seeing a disproportionate number
of BAME children being held in custody, even though the overall
numbers are now dramatically fewer. There is clearly more work to
be done on that front.
The Lammy review was published in 2017 and it said that racial
inequality and unfairness runs rife throughout our country’s
justice system. At that time, zero Supreme Court judges were
black. That number is still zero. In fact, not a single Supreme
Court judge is from a black, Asian and minority ethnic
background. Why does the Secretary of State think that is and
what are his Government doing to change it?
Like the hon. Lady, I want to see far more people from a diverse
and BAME background in the senior judiciary. The truth is that
the senior judiciary is often a product of the supply into the
legal professions some 20 or more years ago, when we know things
were not as promising when it comes to diversity as they are now
at the Bar, in solicitors’ practices, or for legal executives and
Government lawyers, for example. However, we cannot use that as
an excuse, which is why I am working hard with the senior
judiciary and the chair of the Judicial Appointments Commission,
as part of the Judicial Diversity Forum. We are meeting again
this week and in my convening role I am pushing all sides, the
Bar Council and the Law Society, to come up with more plans and
more engagement, so we can help and support BAME candidates ahead
of any application processes to level that playing field.
In a 2020 update on progress against the Lammy review, the
Secretary of State said:
“It is crucial, if everyone is to have confidence in our system,
that the people working in it reflect the diversity of Britain
today.”
Yet in written answers to my hon. Friend the Member for Hove
(), the
Ministry of Justice confirms that there are zero BAME staff
working for the Youth Justice Board outside London. What is the
Secretary of State going to do to make sure the system reflects
the communities those people are serving?
I am grateful to the hon. Gentleman. I know the new chair of the
Youth Justice Board, Keith Fraser, will be particularly concerned
about that figure. I reassure the hon. Gentleman that in many
other areas we are seeing BAME representation higher than the
national average. For example, there is an extremely encouraging
figure for the probation service. I will look at that particular
issue and discuss it with the chair of the YJB, because clearly
he feels strongly about BAME issues and he will want to take
appropriate action to see what we can do to improve that.
(Hove)
(Lab)
In 2016, 22% of kids sentenced were black and minority ethnic.
Now, it is 27%. Some 41% of youth prisoners were black and
minority ethnic. Now, it is over half. The proportion of black
and minority ethnic young people subject to the use of force in
youth prisons has gone up from 41% to 48% since the Lammy review.
This Government have been in power for 10 years. It has been two
years since the Lammy review. It is not that not enough progress
has been made; things are going backwards. Why should anybody
have faith that this lot can sort it out?
With respect to the hon. Gentleman, he is just wrong about
that—totally wrong. In the last 10 years, there has been a fall
of 83% in the number of children receiving a caution or a
sentence, and last year there was a fall of 19%. That means in
actual numbers of lives and families, the number of children and
BAME children affected is reducing. I accept the point about
disproportionality—I acknowledged it earlier—but it is a calumny
to say that the Government are inactive or uninterested in the
issue. We have made incredible progress in 10 years. The child
population in our young offender institutions or other
institutions is now down to about 500. That is a generational
low, and he should pay tribute to the Government for presiding
over such dramatic change.
Child Trust Funds: Children with Learning Disabilities
(Preseli
Pembrokeshire) (Con)
What steps his Department is taking to improve access to child
trust funds for parents of young adults with learning
disabilities.
The Parliamentary Under-Secretary of State for Justice ()
As a young person turns 18, the contents of their child trust
fund belong to them and them alone, whether or not they have a
learning disability, which is an important point of principle,
but for those loving parents who, for good reason, want legal
authority to access those funds, we want to make the process more
cost-effective and more straightforward. As a result, fees can
now be waived in appropriate cases and we have set up a working
group to work quickly alongside the judiciary to review the
process, with a view to streamlining it while maintaining vital
safeguards.
I thank the Minister for that answer, the work that he is doing
on this issue and the letter he wrote to me this week about my
constituents who are affected. As he knows, around 200,000
disabled children could be affected by this in the coming eight
years, unable to access their Government-backed child trust fund,
so I urge him to continue the good work that he is doing and to
really make sure that applications to the Court of Protection are
the least onerous possible for the parents of these disabled
children.
I thank my right hon. Friend for raising that issue on behalf of
his constituents. He makes an incredibly important point. We have
a duty to make sure that the rights of those individuals are
maintained, but it is also important that, when there are loving
parents and all they want to achieve is the best for their
children, they are able to access that money in the interests of
their children with the minimum of fuss, the minimum of bother
and, frankly, the minimum of expense.
Female Offender Strategy
(Oldham East and Saddleworth) (Lab)
What progress he has made on implementing the female offender
strategy.
(Rochdale) (Lab)
What progress he has made on implementing the female offender
strategy.
The Minister of State, Ministry of Justice ()
The female offender strategy launched an ambitious programme to
improve outcomes for female offenders and make society safer by
tackling the causes of offending. It will take several years to
deliver, but, two years on, we are making good progress. We have
invested over £5 million in 30 women’s services across England
and Wales, and we are in the process of allocating a further £2.5
million to increase the financial stability of those providing
these important services.
[V]
Under the Bail Act 1976, the courts can remand an adult to prison
for their own “protection” or a child for their own “welfare”.
This even happens when the criminal charge cannot result in a
conviction. We are restricting a person’s liberty—usually someone
with complex mental health needs, and often women—because of the
failure to provide the appropriate treatment, care or support in
the community. Will the Minister support the repeal of this
outdated, offensive and draconian power, which is contrary not
only to human rights, but to human decency?
The hon. Member will know that we are looking at the Mental
Health Act 1983 provisions and reviewing them. We never think
that it should be appropriate to use prison as a place of safety.
Combined with that, we recognise the need to tackle mental health
issues in all those who come through the justice system,
particularly women, because women have a high incidence of mental
health needs. We will be looking carefully at how we can commit
further funds to ensure that women and men get the services they
need to help to turn their lives around.
[V]
We know that the majority of women sentenced for non-violent
crimes are given short prison sentences, which are totally
ineffective in rehabilitation but can split up families, put
children into care and lead to eviction from the home—all things
that we should not want to happen. Women’s centres are
successful, as we know in Greater Manchester. They are
cost-effective, but also much better in human terms and better
for society. Can the Minister guarantee that we will enhance the
investment in those centres and get women who should not be in
prison out of prison and into the kind of care that makes a
difference to them and to society?
The hon. Member makes a very important point: we need to ensure
that we support women not only in custody, but outside it. He
will have heard me mention that we are in the midst of a £2.5
million funding exercise, in which some of the money will go to
community centres. However, we are doing other things as well,
such as improving pre-sentence reports to ensure that women get
the right order and go into the community, not into custody,
where that is appropriate. He will also have heard me announce
recently our first residential women’s centre, which will be in
Wales and which we are progressing with. It is for those women
who are on the cusp of custody, but whom we do not want to put in
custody where we can avoid that, so that they can instead be
ordered by the court to go into a residential women’s centre,
which will better look after their needs.
(West Ham) (Lab) [V]
The female offenders strategy published in 2018 by the then
Justice Secretary and Prime Minister got it right. One woman in
every three in prison self-harms. They are twice as likely as men
to have mental health needs and more likely to have drug
problems. According to those Ministers, short-term prison
sentences
“do more harm than good”,
but last year, half of all women’s sentences were of less than
three months, and the plan is to increase the women’s population
by 40%. Why have these Ministers so quickly abandoned the
promises made by their predecessors?
I refute the claim that we are changing our policy in any way. As
the police are funded to search out and investigate further crime
with our 20,000 additional officers on the beat, it is inevitable
that some further women will go to prison as a result, and it is
our obligation to ensure that there is a safe place for them to
go. We, too, are concerned about women coming through short
sentences, but the judiciary makes those independent decisions on
short sentences, and we are ensuring that when people do come
through on short sentences, they will have specific probation
officers looking after them in the new, reformed probation system
to ensure that those women, and men, get the support that they
need.
Desecration of Corpses: Criminalisation
(Crewe and Nantwich) (Con)
What assessment his Department has made of the potential merits
of criminalising the desecration of a corpse.
The Parliamentary Under-Secretary of State for Justice ()
The bodies of those who have died should be treated with dignity
and respect. Where that does not happen, the criminal law can
intervene and there are a number of offences that may apply:
preventing the lawful burial of a body, outraging public decency,
perverting the course of justice, removing human tissue without
consent and so on. We will of course keep the law under review.
Dr Mullan
I thank the Minister for that reply. I am supporting the campaign
of the mother of Helen McCourt, whom we know in this place for
successfully campaigning on Helen’s law, but who is equally
determined, while understanding the points the Minister has made,
to see further reform so that the criminal justice system
adequately reflects how we would feel if one of our loved ones
was desecrated after death. Will he agree to meet me and discuss
with Helen McCourt’s mother further steps we might be able to
take?
I am grateful to my hon. Friend for raising that excellent point
and for paying tribute to Mrs McCourt, whose brave campaign has
led to Helen’s law, as he rightly indicates, getting on to the
statute book, having recently received Royal Assent, in large
part because of her campaigning activity. We keep the matter
under review, and I would be delighted to meet him, as he
suggests.
Drug Use in Prisons
(Ruislip, Northwood and Pinner) (Con)
What steps his Department is taking to tackle drug use in
prisons.
(Central Suffolk and North Ipswich) (Con)
What steps his Department is taking to reduce drug dependency in
prisons.
The Minister of State, Ministry of Justice ()
Justice colleagues work closely with our Health partners, and
since April 2018 a national partnership agreement on prison
healthcare in England has been in place. Tackling drugs is a
priority within that agreement. In April last year, we published
the national prison drug strategy, which focuses on three
strands: tackling drugs in prison by restricting supply, reducing
demand and helping to ensure that we turn people’s lives around
by building recovery from drugs and substance misuse.
I know that the Lord Chancellor and his Department have
previously made known their support for the Prisons (Substance
Testing) Bill, led by my right hon. Friend the Member for Chesham
and Amersham (
). Given that the Bill would make such a difference in
this area, will my hon. and learned Friend reaffirm that support
today and give an indication of the timescale according to which
we might expect the legislation to appear?
I am so glad that my hon. Friend has raised this question,
because we wholly support the Bill introduced by my right hon.
Friend the Member for Chesham and Amersham (
). It is going to help us to tackle illicit substance
misuse and help people to get their lives back on track by
identifying who is taking drugs and how we can better support
them. I am pleased to note that the Bill is scheduled for
consideration on Report and Third Reading on 22 January, and,
should it receive Royal Assent, we will be implementing the
provisions at the earliest opportunity.
Dr Poulter [V]
As the Minister will be aware, it is equally as important to
ensure that there is proper rehabilitation and support on
substance dependency when people are released from prison. That
is equally important in ensuring that we break the cycle of
reoffending, but, far too often, arrangements are not in place
adequately to support people once they are released. What can she
do to reassure me that the Government are taking this issue
seriously and will put in place better arrangements to support
substance misusers with dependency issues once they are released
from prison?
My hon. Friend raises a really important question. We are doing a
number of things, and I shall highlight two of them. First, as I
mentioned, in relation to our probation services, we are getting
that help to people earlier, so that a probation officer will be
working with a prisoner on his or her release at an earlier
stage, so as to help them to get that support organised in the
community. The second thing that we are doing, working closely
with NHS England, is rolling out our Reconnect service. That
service links up the healthcare in the prison with the healthcare
in the community, which are not always aligned. The Reconnect
service is being rolled out across the country.
Sentencing Regime for 17-year-olds
(North Wiltshire) (Con)
What plans he has to reform the sentencing regime for
17-year-olds.
The Minister of State, Ministry of Justice ()
I thank my hon. Friend for his correspondence regarding the
reforms in the sentencing White Paper. All offenders, including
17-year-olds, who commit the most serious offences and who pose a
risk to the public should serve time in custody that reflects the
seriousness of their offending. To reduce the gap between the
sentencing of older children and younger adults for murder, we
plan to replace the blanket starting point of 12 years for murder
committed by a child with a sliding scale to reflect age and the
severity of the offence.
Young Ellie Gould was brutally murdered in her own home in Calne
in my constituency last year. Her assailant, Thomas Griffiths,
was given a sentence of 12 and a half years because he was 17.
The sentence was further ameliorated by the fact that he did not
bring the weapon to the murder scene, but picked up a kitchen
knife at the scene. He was 18 when he was convicted and given 12
and a half years. I very much welcome the fact that the Minister
is considering this matter. Does she not agree that 12 and a half
years for a crime of that sort committed by a boy aged 17 years
and eight months is woefully inadequate? He should have got the
15 to 25 years he would have got had he been an adult.
I cannot begin to imagine what Ellie Gould’s parents must have
been through. In addition to the point that I made about
introducing a sliding scale to reflect age and severity, I want
to make it clear that we are considering a particular minimum
threshold for those who are 17. My hon. Friend mentioned the
knife already being present at the scene of crime, in the home.
He will know that the Sentencing Council has produced guidelines
for judges on domestic abuse, which outline that the domestic
setting of the offending behaviour makes it more serious. As he
knows, these are matters that we are looking at in our sentencing
White Paper.
Community Sentence Treatment Requirements
(Hastings and
Rye) (Con)
What steps the Government are taking to increase the use of
community sentence treatment requirements.
The Parliamentary Under-Secretary of State for the Home
Department ()
My hon. Friend is right to raise community sentence treatment
requirements as an important area to push, expand and develop.
The Government firmly believe that, where someone has mental
health problems, or drug or alcohol addiction causing the
offending behaviour, treating the causes of the offending is very
often a much better sentence than a short custodial term in terms
of rehabilitation and reducing reoffending. So we certainly
intend to expand the roll-out of these. They operate already in
14 areas and we intend to make sure that half the country is
covered for mental health treatment through CSTRs by 2023-24. We
are looking at other ways in which we can speed up the roll-out
even further.
The new probation system is set to be in place in the next few
months, with unpaid work and key programmes to stop criminals
reoffending to be delivered by Her Majesty’s Prison and Probation
Service from next June. Seetec has recently been awarded a
Ministry of Justice contract for a co-financing organisation
activity hub in the south-east region, to deliver support to help
offenders reintegrate back into society. The hub will be based in
Chatham, with a satellite provision in my constituency at St
Leonards-on-Sea. Can my hon. Friend confirm that there is still a
role for the private sector in offender rehabilitation, even if
not by community rehabilitation companies?
My hon. Friend asks a good question. CRCs are being transitioned
out and the probation service will take over organising this
activity, but within that there will be opportunities for private
sector, or indeed charitable sector, organisations to bid to
provide certain kinds of activity and certain kinds of
rehabilitation work via the dynamic framework. We envisage
eventually spending about £100 million a year on procuring these
services via the dynamic framework. Any organisation, such as the
one she mentions, that has something to offer and can help with
rehabilitation is, of course, strongly encouraged to bid for
those services to make sure we are drawing on the full range of
available services as we try to rehabilitate offenders and build
a better life for their future and protect our constituents as
well.
Mr Speaker
We are not going to Greater Manchester, as we have him
here—welcome, .
Topical Questions
(Denton
and Reddish) (Lab)
If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice ()
Justice is a vital public service and a cornerstone of our
success as a society, which is why the Chancellor of the
Exchequer announced huge investment in the system as part of his
recent spending review. Part of that money will go towards the
recovery and restoration of justice from the effects of covid-19,
notably in the Crown courts, and to support victims as they make
their difficult journeys through the system, including the family
courts and tribunals. The spending review announced £105 million
for the maintenance of courts and tribunals, and there was also
£4 billion to build back better in the prison estate, with 18,000
additional places in the pipeline plan for the mid-2020s, helping
us to deliver modern, green prisons that can be launching pads
for rehabilitation. We are moving at pace with the first of our
new prisons, HMP Five Wells, which is opening in 2022, while
continuously increasing resources for the maintenance of our
existing prison estate. This investment continues to deliver on
the Government’s crime agenda, keeping the public safe,
delivering a green revolution and bringing our prisons into the
21st century.
I thank the Justice Secretary for that, but judicial review is
the only way in which the public can challenge the Government
when they believe the Government have acted unlawfully. It is
important that we keep that protection in place for the public to
hold the Government to account, so will he commit today to fully
publishing the independent review of administrative law?
I agree with the hon. Gentleman about the central importance of
judicial review, and he will remember that that is set out in the
terms of reference. The review will report shortly, the
Government will respond and the whole documentation will be
published. The question of submissions to the review is a matter
for the review, but I assure him that the outcome will, of
course, be published as part of the Government’s policy position
in due course.
(Buckingham) (Con)
Last week, a three-week consultation was launched on proposals
for a new prison adjacent to Grendon and Spring Hill prisons in
my constituency. With nearby communities already dealing with
massive pressures and parish councils overstretched with
day-to-day issues with the construction of things such as HS2,
three weeks is just not long enough to ensure that everyone has
their voice heard. So will my right hon. and learned Friend
commit to extending the consultation, so that everybody in my
constituency can have their say?
I am grateful to my hon. Friend. I know that he met my colleague
the Minister of State for Prisons and Probation at the end of
November to discuss the issue of the consultation. I know the
site well, having visited both Grendon and Spring Hill, and I pay
tribute to the staff and, indeed, to the community for supporting
the prisons that exist in that part of his constituency. We are
considering all comments and suggestions sent to us through the
consultation before we submit any outline planning application. I
can assure him that the local community will also have an
opportunity to provide further feedback once a planning
application is submitted. I am happy to extend the public
consultation and my officials are in communication with the local
council regarding that.
(Edinburgh South West) (SNP)
Back to the independent review of the Human Rights Act. The Lord
Chancellor has said that, after 20 years, it is time to see
whether the Act is working effectively, but the terms of
reference do not actually contain any reference to an analysis of
whether it is working effectively. Recently the Joint Committee
on Human Rights found that most black people living in the United
Kingdom believe that their human rights are not equally protected
compared with those of white people. That is a shocking finding.
Does not that finding alone justify a proper examination of
whether the Act is working effectively and, if so, why is that
not in the terms of reference?
The hon. and learned Lady knows that I gave evidence to the
Committee of which she is a member about a week or so ago and
acknowledged the important point made by the Committee. I think
it was important for us to set up a very focused review as to the
machinery of the Human Rights Act. It is not about the rights
themselves; it is about the way in which they interact with our
domestic law and the interplay, therefore looking in particular
at sections 2, 3 and 4, for example, of the Human Rights Act.
However, I am sure that these wider issues will become part of
the debate as we see the recommendations come forward and as this
place has an opportunity to play its part in those deliberations.
(Southport)
(Con)
I commend my right hon. and learned Friend and his Department for
the minimal impact that the covid pandemic has had on our courts
system. Can I ask when it will return to normal? Can I also ask
that he review contingencies should they be needed in the very
near future?
My hon. Friend can be reassured that the Courts and Tribunals
Service is working daily to review its plans. I am sure that he
will be glad to note that, in the magistrates courts, we are now
exceeding receipts and we expect the position to return to
pre-covid levels by about Easter time or the early summer. The
position of the Crown court is more challenging, but the funding
that we have obtained through the spending review will allow us
to start dealing with the backlog. We also constantly review the
social distancing measures. The current assumptions are that
social distancing will apply until the end of June. If there is
any progress on that front, clearly we will recalibrate, which
will give us even more capacity.
(Birmingham, Selly Oak) (Lab)
The chief constable of West Midlands police, MPs, local
councillors and others have all expressed concern about the large
number of people being released from jails all around the country
to unsuitable exempt accommodation in Birmingham. How can that
possibly help with rehabilitation and getting these people back
on the straight and narrow?
The hon. Gentleman will be glad to note that, throughout this
pandemic, the Ministry of Justice has funded accommodation
support for people who otherwise would be released into rough
sleeping and homelessness. Indeed, we are working on plans as
result of the spending review to scale up and improve approved
premises and the other type of accommodation that can house in an
appropriate way people who are released from custody. I shall
furnish the House with an update as soon as it is received, but
he can be assured that we are working on this issue because we
recognise the scale of the problem.
(Wakefield) (Con)
The Criminal Cases Review Commission is the only body in its area
of jurisdiction with the authority to send cases back to an
appeal court. It is imperative that this process must not be
delayed, as it has the propensity to overturn cases and clear the
names of those innocent of conviction. Can my right hon. and
learned Friend outline the steps that he is taking to ensure that
the CCRC enacts its duty in a timely manner, especially for more
sensitive cases, including those of our frontline workers and
police officers, such as my constituent Danny Major? Mr Major has
been miserably let down by the CCRC.
Mr Speaker
Order. Unfortunately, questions are meant to be short and punchy.
We cannot have a statement beforehand. Minister, can you deal
with that, please?
The Minister for Crime and Policing ()
My hon. Friend raises an extremely important point. I understand
his consternation on behalf of his constituent and his wish that
that case in particular be dealt with speedily. No doubt the
commission will have paid attention to his concern. We have
recently invested significantly in the commission, with hundreds
of thousands of pounds in capital funding to ensure that its IT
is up to scratch. It is within a whisker of reaching its target
of 36 weeks as the average time taken to deal with a case, and of
85% of cases being dealt with in under 12 months. It is very
important for the integrity of the judicial system not only that
we convict the guilty, but that we make sure that innocent people
who are erroneously convicted have their sentences corrected.
(Swansea East) (Lab)
Increasingly we have seen individuals with a gambling addiction
committing crime to fund their habit. These crimes inevitably end
up being punished with custodial sentences, yet the gambling
industry—which is often complicit, encourages these individuals
to continue gambling and always profits from the situation—is not
held accountable and escapes prosecution. Will the Lord
Chancellor meet me and the officers of the gambling related harm
all-party parliamentary group to discuss how we can rectify this
outrageous and indefensible lack of accountability?
I pay tribute to the hon. Lady for her consistent and passionate
campaigning on this important issue, which is an addiction for
far too many people. As she knows, my right hon. Friend the
Secretary of State for Digital, Culture, Media and Sport will
make a statement on gambling later, which I know she will broadly
welcome. Of course, I will be happy to meet her and members of
the APPG. Primarily, the Department for Digital, Culture, Media
and Sport holds the brief on this issue, but no doubt there are
wider criminal law ramifications on which I am happy to engage
with her.
(Birmingham, Northfield) (Con)
Will the Secretary of State outline to the House what steps he
has taken so far to ensure that the Independent Monitoring
Authority for the Citizens’ Rights Agreements will be ready for
the end of the transition period, so that it can effectively
monitor the rights of European Union and European economic area
citizens?
My hon. Friend is right to raise an important issue that we
undertook to get ready by the end of the year. I am confident
that it will be ready by the end of the transition period to
provide EU, EEA and European Free Trade Association citizens here
in the UK with an additional layer of assurance that their rights
will be safeguarded. We have had a dedicated project team in the
Ministry working on that, and the IMA has taken up residence at
headquarters in Swansea, my old stamping ground—with tribute to
the hon. Member for Swansea East ().
(North East Fife) (LD)
Over the last few weeks, there have been concerning reports that
there were more cases of covid in prisons in October than in the
previous seven months combined. In some prisons, that has led to
restrictive regimes that have had a real impact on mental health.
What conversations has the Lord Chancellor had with the Secretary
of State for Health about when we should be vaccinating prisoners
in order to protect prison staff and prevent hotspots from
forming?
It is important to note that, as a result of increased diagnosis
and testing, we have been able to establish with greater
certainty the number of prisoners who are symptomatic or
asymptomatic. We were not able to do that in the first wave, so
the true numbers of covid sufferers were probably not clear to
us; they are much clearer now. With regard to vaccination, it is
important that we prioritise those who are the most vulnerable
and at risk of death or serious illness. That is why, as with the
rest of the population, we will be inoculating the older part of
the population and those who are vulnerable. That will inevitably
include staff, on whom I place a very high premium, and some
prisoners. We will continue to work with Public Health England
and Public Health Wales to ensure that we bear down on covid in
our prisons.
(Chipping
Barnet) (Con)
Some very impressive work is done by the charitable sector in
supporting ex-offenders to deal with addiction problems. Will the
Lord Chancellor ensure that his Department takes very seriously
the importance of rehabilitation of offenders by enabling them to
leave the substance abuse problems behind them, in the past?
My right hon. Friend raises a critical issue for us in the
prevention of crime, behind which so much substance abuse lies.
While she is right that the charitable sector has a huge role to
play, so do we. She will be pleased to know that earlier this
week I had an interview with one of the first recipients of our
alcohol sobriety bracelets, who has, for the first time in his
memory, been alcohol-free for the last two months. He said to
me—it was very moving—that it had literally saved his life. As
well as doing good to his society, we have done good for him.
(Manchester, Gorton) (Lab) [V]
The Government have made countless mistakes during the
coronavirus crisis that could have been unlawful, including
failing to provide health and care staff with adequate personal
protective equipment, and sending hospital patients back to care
homes without testing them. Will the Secretary of State confirm
that any changes to judicial review will not affect cases related
to Government failure over coronavirus?
With respect to the hon. Gentleman, he perhaps misses the whole
point of the judicial review—independent review—which is all
about making sure that the current ambit of administrative law is
in the right place, in the sense that we want to make sure that
our judiciary are not brought in to a merit space or a political
arena. As for individual cases, it is clearly stated in the terms
of reference—and I will say it again—that the Government utterly
support the right of citizens to challenge their actions or
omissions by way of judicial review.
(North Devon) (Con)
A long-term view of victim funding will lead to better services
and outcomes for victims of sexual assault, domestic abuse and
serious violence. I therefore ask the Minister to provide an
update of work within the Department to develop a long-term
victims funding strategy to support those affected by crime in
our communities.
My hon. Friend raises an extremely important point. When I was on
the other side of the table as an eager recipient of Whitehall
largesse, it long frustrated me that I had to spend six months
spending the money and then six months planning to bid for the
next round of money. She will know that in particular in this
area, where we want to build resilience, out of the hidden harms
summit earlier this year came a commitment to create a victims
funding strategy, which is currently under way, but she will also
know that we have awarded three-year funding through to 2022 via
the rape support fund, to give sexual violence services greater
stability in the future. I hope that will progress into all the
areas that are concerned with this particular offence.
(Warwick and Leamington) (Lab)
According to solicitors in Warwick and Leamington, the court
system dealing with criminals is at breaking point. They see it
as being completely chaotic. I appreciate that in the spending
review the Government have announced additional money—£337
million—but the Law Society is calling for more. Will the
Government actually accept what the Law Society is calling for
and give additional funding to break the backlog?
The hon. Gentleman will be glad to know that both the Law Society
and the Bar Council agree that this year’s settlement was
encouraging. Of course, it is not the end of the story, and I
have talked about us beginning to turn a corner. The good news in
the magistrates courts is that receipts are now behind disposals,
so we are dealing with the overall number of cases in the
magistrates system. In the Crown court, we continue to scale up
the number of trials being heard. In fact, in the past week or
so, I have been looking at figures of effective trials, crack
trials and trials that have been dealt with by way of a guilty
plea: the numbers are now in the high 300s. We need to get that
up, and I am confident that we can do that in the new year to
return us to the pre-covid levels, and then work even harder.
(East Worthing and Shoreham) (Con)
Earlier this year, another child was tragically stillborn after a
failed forceps birth at an Essex hospital. There were calls for a
coroner’s investigation until it was pointed out that coroners
have no power. But of course they do under clause 4 of the Civil
Partnerships, Marriages and Deaths (Registration etc) Act 2019,
which was passed 19 months ago. When will those regulations be
laid so that coroners have the power to investigate those tragic
stillbirths?
I am a great admirer of my hon. Friend and his persistent and
effective campaigning on issues that are dear to him, but also to
many people across the country. I understand his impatience on
this issue and I know he has been given assurances previously in
the House about it, but he will understand that the effect of the
pandemic, which has ruined so much, has also delayed our
consideration of the consultation on this matter. We will be
publishing as soon as we possibly can, recognising the enormous
impact that this has on particular families across the country.
(Linlithgow and East Falkirk) (SNP) [V]
During the current negotiations, the EU has asked for a guarantee
that the UK will not do away with domestic law giving effect to
the European convention on human rights, but the UK has refused.
Does that not tell us what the review of the Human Rights Act
announced yesterday is really all about?
I am afraid the hon. Gentleman is wholly misinformed. That
certainly is not my understanding of the negotiations, and he
will forgive me if I say I am a little closer to them than he is.
The review that we announced yesterday was about looking at the
mechanism 20 years on—nothing to do with undermining or changing
fundamental human rights. We believe in them. It was British
Conservatives who wrote the convention, and I will always stand
for and uphold the importance of the European convention on human
rights.
(Dudley North) (Con)
What steps are the Lord Chancellor and his team taking to address
the widespread perception among my constituents that detention
arrangements in prisons are not sufficiently robust to act as a
deterrent?
I understand that my hon. Friend is concerned about the
perception of his constituents, but I hope he will explain to
them that we have quite interesting and clever plans to deal with
offenders, not only in prison but after prison. For example, from
early next year, we will GPS tag every single burglar who leaves
prison on licence so that we are able to locate them,
particularly when a burglary takes place in their community, so
that we can at least rule out those prolific offenders in the
future. There is lots that we can do in the criminal justice
system that is much more smart than severe.
(Dwyfor Meirionnydd) (PC)
A third of prisoners transferring from HMP Altcourse to HMP
Berwyn last month tested positive for covid. I understand that
Berwyn has requested a stop to transfers. Will the Secretary of
State agree to that request, considering the extreme concerns
about community infection?
The hon. Lady knows that, since the beginning of this pandemic,
we have taken unprecedented steps. All new arrivals in prison
receptions are quarantined as part of our strategy of
compartmentalisation. We are also now testing new arrivals at HMP
Berwyn. That is an additional measure that allows us to identify
positive cases early and put the right precautions around those
individuals. It is with testing that we can improve the way in
which we administer the prison system through this crisis.
(Twickenham) (LD)
Ministers will be aware that the Children and Family Court
Advisory and Support Service was already experiencing a workload
crisis pre pandemic, which has only worsened through the
lockdown. Although the Ministry of Justice has provided
additional welcome short-term funding, do the Government have a
longer-term strategy to ensure that CAFCASS can better retain
staff and deliver a service that truly meets the needs of
children and families?
The hon. Lady will be glad to know that an extra £3.4 million has
been allocated to CAFCASS to help it through the crisis. Indeed,
I take the point about long-term planning. In fact, we are
looking wholesale at the way in which family cases are dealt
with. The family harms report published this year was a no-holds
barred analysis of what is wrong with the system, and both I and
senior judiciary within the family division will do something
about it.
