Violence against Women and Girls Andrew Western (Stretford and
Urmston) (Lab) 1. What steps his Department is taking to reform the
criminal justice system to help tackle violence against women and
girls.(904342) The Lord Chancellor and Secretary of State for
Justice (Dominic Raab) The Government are taking a zero-tolerance
approach to violence against women and girls. Just this month, in
response to the Wade review, we announced tougher sentences for
domestic...Request free trial
Violence against Women and Girls
(Stretford and Urmston)
(Lab)
1. What steps his Department is taking to reform the criminal
justice system to help tackle violence against women and
girls.(904342)
The Lord Chancellor and Secretary of State for Justice ()
The Government are taking a zero-tolerance approach to violence
against women and girls. Just this month, in response to the Wade
review, we announced tougher sentences for domestic abusers who
kill their partners and ex-partners.
It is now more than two months since His Majesty’s inspectorate
of probation published its independent “Serious Further Offences”
report into Jordan McSweeney, following the murder of Zara
Aleena. Have the Government yet implemented the urgent actions
set out in that report?
I have met Zara Aleena’s family and the chief inspector of
probation to talk about those failings. We have accepted all of
the recommendations. I can write to the hon. Gentleman in
relation to those, because they were numerous, but we are in the
process of implementing each and every one of them.
Mr Speaker
I call the shadow Minister.
(Lewisham West and Penge)
(Lab)
The Rape Crisis report, published yesterday, found that rape
survivors are waiting 839 days for their cases to be heard in
court—longer than for any other crime type. These delays are
causing harm to some of the most traumatised victims. Many are
dropping out of their cases altogether, while others have tried
to take their own life. When will the Government fully commit to
rolling out specialist rape courts in every Crown court in the
country to fast-track cases, protect victims and punish
rapists?
The hon. Lady raises a very important issue. As she knows, we
have already rolled out specialist rape courts in Snaresbrook,
London, Leeds and Newcastle. We have introduced the 24/7 rape and
serious sexual violence support line, along with a range of other
initiatives, including quadrupling the funding for victims since
2010. I can also tell her—because some of the data released in
that report has been overtaken by more recent data—that the
average number of days for adult rape from charge to case being
completed has, in the past quarter, come down by 10 weeks, or
17%. There is more to do, but hopefully that will reassure
her.
Mr Speaker
I call the Chair of the Justice Committee.
(Bromley and Chislehurst)
(Con)
The initiatives that the Government have introduced are very
welcome. One of those is the pre-recorded cross-examination under
section 28, but, to make that work, there has to be a proper
level of remuneration for advocates on both sides to ensure that
we have skilled and experienced barristers prosecuting and
defending those cases. What arrangements have now been made to
finalise the conditions and terms of payment for section 28
proceedings with both defence and prosecution barristers? Until
we get that right, we will not get the cases through at the speed
we wish.
I thank the Chair of the Select Committee for his question. We
have already introduced the statutory instrument to increase that
uplift for those lawyers conducting the section 28 pre-recorded
evidence. It has now been rolled out nationwide and it will start
to make a difference.
Prisoners: Skills Development
(Harrow East) (Con)
2. What steps he is taking to help prisoners develop new
skills.(904343)
(South Basildon and East
Thurrock) (Con)
17. What steps he is taking to help prisoners develop new
skills.(904363)
The Minister of State, Ministry of Justice ()
Among other things, we are renewing the prisoner education
service, establishing an employability innovation fund, and
ensuring that skills acquired match business need through close
work with employers.
I thank my right hon. Friend for his answer. Under my
Homelessness Reduction Act 2017, prison governors have a duty to
ensure that people leaving prison are housed properly after they
have served their sentence. It is vital that, to prevent
reoffending, we ensure that prisoners get the best possible
education. What extra measures is he considering to ensure that
prisoners are given the skills they need to rebuild their lives
after they have served their sentence?
I pay tribute to my hon. Friend for the work he did, through the
Homelessness Reduction Act, to support prisoners throughout our
communities. He is right to identify not only the importance of
skills and getting into work, but the need for direct support
with accommodation. We are investing heavily in expanding
transitional accommodation at the different levels. Although
there is still a way to go, it is very encouraging that the
proportion of prisoners being left homeless after leaving prison
has reduced by 5 percentage points over the past couple of
years.
(Denton and Reddish)
(Lab)
We all want to see more people rehabilitated from the Prison
Service. The Minister will know, however, that His Majesty’s
chief inspector of probation has described that service as “in
survival mode” due to staffing pressures and huge workloads. What
does he expect his Department to do to put that right?
In relation to the probation service, which I think the hon.
Gentleman is asking about, we are investing in increasing staff
numbers and ensuring that those staff have the right support, and
we have seen those staff numbers grow. It is also important, as
my right hon. Friend the Secretary of State just said, that we
learn from when things go wrong or have gone wrong in the past
and ensure we respond appropriately.
Getting prisoners with substance abuse issues into meaningful
skills training first requires getting them off drugs. Can my
right hon. Friend tell the House what he is doing to help
prisoners and to tackle drugs in prisons?
My hon. Friend is quite right; that is a crucial part of the
jigsaw, together with maintaining family ties. In a major new
initiative, we are creating up to 18 new drug recovery wings so
that prisoners can focus on achieving abstinence not only from
illicit drugs, but from prescribed substitutes. We are also
increasing the number of incentivised substance-free living units
and have been investing strongly in prison security to stop drugs
getting in in the first place.
(Strangford) (DUP)
The Shannon Trust—no connection to me, by the way—has concluded
that 50% of people in prison cannot read or struggle to do so.
What steps are being taken to ensure that basic literacy and
reading skills are taught at all prisons for all ages across the
United Kingdom?
We all trust Shannon; the hon. Gentleman is quite right to draw
attention to the good work of his namesake trust, which for many
years has operated a very good peer model in our prisons, where
prisoners help other prisoners. We also work with the trust
directly on other programmes, and just last week we announced a
new funding award to the Shannon Trust and one other charity to
help in that important basic literacy work that he mentions.
Prison Education
(City of Durham) (Lab)
3. What assessment he has made of the potential merits of
bringing the delivery of all prison education into the public
sector.(904344)
The Minister of State, Ministry of Justice ()
Improving education in prisons is a top priority. The public
sector, the independent sector and the voluntary sector all have
an important part to play in that. Indeed, three of the four
contracted core education providers currently are classified as
public sector bodies.
We spend more than £150 million a year on a prison education
system that is unfit for purpose, and much of that is extracted
as profit for failing outsourced companies. Does the Minister
think that is good value for money?
That is a mischaracterisation of how the education service runs
in prison. There are an extraordinary number of very dedicated
people working in that service, and three of the four providers,
as I say, are essentially further education college providers. We
can and must do better, because we know that education and the
acquisition of skills help to keep people out of trouble and from
returning to jail once they get out.
Joint Enterprise: Under-18s
(Huddersfield)
(Lab/Co-op)
4. If he will make an estimate of the number of people under the
age of 18 serving custodial sentences who were convicted under
joint enterprise.(904345)
The Parliamentary Under-Secretary of State for Justice ()
The number of young people in custody is at an historic low, with
the number of under-18s in custody having fallen by 77% over the
past decade. The Ministry of Justice does not, however, collate
information on whether a prosecution or conviction for any crime
was also one of joint enterprise. We are considering whether such
data could be collected as part of the Common Platform
programme.
Mr Sheerman
The campaign group JENGbA—Joint Enterprise Not Guilty by
Association—estimates that there are hundreds, if not thousands,
of young people under 18 in prison under parasitic accessorial
liability, a novel form of joint enterprise that was supposedly
overturned in 2016. People convicted under PAL have no true route
to appeal because of the high bar used by the Court of Appeal.
Will the Minister consider my Criminal Appeal (Amendment) Bill,
which is going through the House of Commons at the moment? It is
desperately needed for those young people, who should not be in
prison.
I am aware of the court case to which the hon. Gentleman refers,
and I am always happy to engage with him on his private Member’s
Bill.
Legal Aid
(Edmonton) (Lab/Co-op)
5. What steps he is taking to increase the availability of legal
aid.(904347)
The Parliamentary Under-Secretary of State for Justice ()
On 30 November 2022, we published our full response to the
criminal legal aid independent review and a consultation on
policy proposals. We are boosting the system with up-front
investments to address the most urgent concerns, including
uplifts of 15% for most legal aid fee schemes. We have also
launched a review of civil legal aid to identify options that
inform our long-term strategy of improving the sustainability of
the civil legal aid system. In March 2022, we published a
detailed consultation on legal aid means testing arrangements.
The consultation proposes changes that should mean that legal aid
is available to 2 million more people in civil cases and 3.5
million more people in magistrates courts.
I thank the Minister for his response. My office regularly refers
constituents to the local law centre for housing issues relating
to disrepair. The law centre is concerned that it is largely not
covered by legal aid on damages for clients. Law centres are also
not recognised as exempt professional firms so they are unable to
purchase after-the-event insurance, meaning that clients are
exposed to costs if they lose their case. Will the Minister
consider extending access to legal aid in housing cases and
recognising law centres as exempt professional firms?
On the exemption issue, if the hon. Lady would like to write to
me, I will certainly investigate that. She will be pleased to
know that in the last two months we have invested an additional
£10 million to boost the amount of legal aid available on housing
matters.
Mr Speaker
I call the shadow Minister.
(Manchester, Gorton) (Lab)
Legal aid is the backbone of our criminal justice system, and it
is running on empty. In England and Wales, 54 constituencies have
no legal aid providers at all, and 80% of the population do not
have access to welfare legal aid providers in their local
authority. The current legal aid system is not just a postcode
lottery but a regional lottery. The Government have kicked the
civil legal aid review into the long grass and are still not
following Bellamy’s recommendations. When will the Lord
Chancellor meet Bellamy’s recommendations in full?
I do not recognise spending more than £2 billion a year as
“running on empty”. Spending an extra £4 million on section 28
fees, an extra £10 million on housing legal aid, an extra £5.6
million on special guardianship legal aid, and an extra £3.3
million on special and wasted preparation legal aid is not
“running on empty”. In terms of representation across the UK, the
Legal Aid Agency regularly ensures that all areas of the UK are
covered by duty solicitors and legal aid firms.
Mr Speaker
I call the SNP spokesperson.
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP)
During yesterday’s debate on the Illegal Migration Bill, I sought
clarity on how people impacted by the Bill will be able to secure
access to legal advice and legal aid. Those people—be they an
Afghan fighter pilot or an LGBT person who has fled Uganda—will
have just eight days to make an application and seven days to
appeal against removal on the grounds of serious and irreversible
harm, and all that will happen while they are in immigration
detention. So let me try again: how will access to legal advice
be secured for such people, and will legal aid be available to
them?
If I may, as it is such a technical issue, I will happily meet
the hon. Gentleman or write with a detailed answer.
Family Courts
(Shrewsbury and Atcham)
(Con)
6. What steps he is taking to increase support for families
within the family court system.(904350)
(Eastbourne) (Con)
8. What steps he is taking to increase support for families
within the family court system.(904352)
The Parliamentary Under-Secretary of State for Justice ()
Drawn-out court proceedings can have a damaging impact on parents
and children. We have published a consultation on proposals for a
funded mandatory mediation and co-parenting programme before
court to enable more families to resolve disputes out of court.
We have also invested a further £15 million in the family
mediation voucher scheme, which will help about 28,000 more
separating families over the next two years. By freeing up
stretched court resources, those changes will help families whose
cases need to be heard by a court, such as those involved in
domestic abuse.
Does my hon. Friend agree that this Government have taken the
necessary steps to prevent perpetrators of domestic violence from
being able to question their victims in family court proceedings,
and that the family court should never again be a place where
victims can be subjected to further abuse from their
perpetrators?
My hon. Friend raises a very important point. In July 2022, a
landmark Domestic Abuse Act 2021 measure came into force,
prohibiting domestic abuse perpetrators and victims from
cross-examining each other in person during certain family and
civil proceedings. Family and civil courts can now engage a
court-funded qualified legal representative to conduct
cross-examinations in these cases. That scheme is very popular,
and hundreds of qualified legal representatives have registered
for it. This will ensure that those people in court are protected
from such cross-examination.
In one of my last advice surgeries, a parent described to me
their toxic experience of family court. The Children and Family
Court Advisory and Support Service has highlighted the harm posed
to children from drawn-out court proceedings. What further
measures is the Minister taking to enhance and promote mediation
where appropriate, so that the impact of separation is not
exacerbated by legal proceedings?
My hon. Friend raises a very important and sensitive issue. The
Government are reviewing all aspects of family law, particularly
in terms of how to ensure that families stay out of court. The
extra £15 million for mediation vouchers will help to keep people
out of that adversarial situation. It is also about the use of
language, to ensure that children are not scarred by the
adversarial process. A wraparound process that is
family-friendly, with mediation, should address the concerns she
has raised.
(Chesham and Amersham) (LD)
Over three years, one of my constituents was dragged back to the
family court by their ex-partner 25 times. Despite having the
bravery to leave an abusive relationship, they faced further
trauma as a result of an ex-partner who was able to use the
family court system to further control and manipulate them and
their child. What steps is the Minister taking to ensure that the
family courts cannot be abused in this way?
The hon. Lady raises a point that has been raised before. The
Department is reviewing how we can ensure that people caught up
in the family court system are protected from such abuse.
(Hammersmith) (Lab)
The best support that families could get is representation, but
the Legal Aid, Sentencing and Punishment of Offenders Act 2012
virtually abolished private law family legal aid. Saturday will
be the 10th anniversary of that Act coming into effect, and since
then, legal aid expenditure has been cut by a third, advice is
given in three quarters of a million fewer cases and applications
for full legal aid have halved, as has the number of providers.
In the light of that, does the Minister think that LASPO has been
good or bad for access to justice?
What I can tell the hon. Gentleman is that we have spent over
£813 million on civil legal aid. In fact, the means-testing
review is expected to widen civil legal aid availability to an
extra 2 million people, so I do not accept the premise that we
are failing families or the civil legal aid system, because of
the investment we are making.
HMCTS: Probate Service
(Witham) (Con)
7. If he will make an assessment of the adequacy of the
performance of HM Courts and Tribunals Service’s probate service
in the last 12 months.(904351)
The Parliamentary Under-Secretary of State for Justice ()
Despite the increased volume of applications received during and
after the covid-19 pandemic, the average length of time taken for
a grant of probate once all required documents are received has
been maintained at between four and seven weeks, with the average
response being almost one week faster in the third quarter of
2022 than the yearly average for 2020 and 2021.
A number of my constituents have been experiencing significant
delays in their probate applications—some have been waiting for
over 10 weeks—and have had difficulties in accessing staff
through the contact centre and the hotline. What message does the
Minister have for my constituents who are stuck waiting for
answers, and what is he doing to improve the application process?
At the end of the day, bereaved families are having to deal with
the estates of deceased relatives, and this is a deeply painful
time for so many constituents up and down the country.
My right hon. Friend raises a case that I have taken some time to
unpick. I can reassure her that wait times for calls to the
helpline have dropped from an hour to between five and 10
minutes. In terms of the number of what are called stops, when we
have to ask for additional information, we are looking at why the
form causes that, to see whether it is user-friendly. We are also
recruiting additional caseworkers to ensure that complex cases
are speeded through the system.
(Walsall South) (Lab)
The probate service was part of the reform programme, which has
now been paused following a National Audit Office report, so
could the Minister say who is responsible for this shambolic
waste of public money, and what the next steps are?
I have to say to the right hon. Lady that that is an interesting
take on a pause. I do not think that taking extra time to ensure
that a new system beds down correctly and listening to the
concerns of the staff, which many Opposition Members have been
asking for for many weeks, is shambolic. Many of the issues in
the probate system are caused by the sheer volume of cases coming
in with the increased death rate, but they are also about
ensuring that we have enough staff on site with the right skills.
That is why we are recruiting people to deal with the volume of
cases.
Legal Aid
(Tewkesbury) (Con)
9. If he will take steps to ensure that legal aid is used only
for cases which relate to individual cases; and if he will make a
statement. (904353)
The Parliamentary Under-Secretary of State for Justice ()
Legal aid is granted only to individuals. There are specific
regulations that set out the position relating to multi-party
applications. Following changes made in 2012, legal aid may be
granted to participants in MPAs only where each individual has a
cause of action and will directly benefit from proceedings. This
is a way of dealing with a collection of cases more efficiently
by identifying a lead case. In addition, under the Legal Aid,
Sentencing and Punishment of Offenders Act 2012, any judicial
review must have the potential to produce a benefit for the
individual applicant, a member of their family, or the
environment.
Mr Robertson
I thank the Minister for that response and I welcome the changes
that have been made, but it still seems to be the case that
sometimes, legal aid or connected taxpayers’ money can be used to
challenge decisions that have been democratically arrived at and
would, in fact, benefit communities.
I am aware of the concern that Members have about the use of
legal aid in such cases, but I can reassure my hon. Friend that
the Legal Aid Agency reviews all cases to ensure that the funding
decisions are necessary before they are agreed.
Mr (East Londonderry)
(DUP)
Does the Minister agree that legal aid availability is a very
important part of the justice system, but it is equally important
that the wider community becomes aware of the cost of repeated
cases of legal aid for the same application, so that there is
full transparency among the wider public about what they are
paying for?
The hon. Gentleman makes a good point. The Legal Aid Agency will
always monitor cases where we get repeat applications for funding
to ensure that any application is warranted before being
agreed.
Probation Service: Caseloads
(Bristol East) (Lab)
10. What steps he is taking to reduce probation officer case
loads. (904354)
The Minister of State, Ministry of Justice ()
We have injected extra funding of more than £155 million a year
to deliver more robust supervision, recruit thousands more staff,
and reduce case loads to support the vital work of the probation
service in keeping the public safe.
I thank the Minister for that response, but it does not really
accord with what I have been told by probation officers, which is
that they are overworked, underpaid and feel undervalued, and
that the service is haemorrhaging staff. There are also an awful
lot of people off sick. What impact does he think that will have
on efforts to make sure that offenders do not go on to reoffend,
and that we do not have a crime wave on our streets because we
are simply not putting the resources into the probation service
that could help prevent that?
I join the hon. Lady in paying tribute to the men and women who
work in the probation service for the absolutely vital work that
they do tirelessly. It is very important that we make sure we
have the right levels of staffing; I can report to her that in
calendar year 2022, the number of staff in post rose
significantly, from 17,400 to 18,600. In her own area of the
south-west, covering Bristol, we had 210 joiners for the year,
but it is obviously very important that as those people come
through, we carry on having the pipeline of talent coming in. It
is also very important that we are investing suitably in senior
probation officers for their oversight, which we are doing.
Parole System: Review
(Bosworth) (Con)
12. What recent progress his Department has made on taking
forward the proposals for reform in its root-and-branch review of
the parole system. (904356)
(Windsor) (Con)
16. What recent progress he has made on introducing ministerial
oversight of parole board decisions to release high-risk
offenders back into the community before the end of their
sentence. (904362)
The Lord Chancellor and Secretary of State for Justice ()
We will shortly be bringing forward legislation to implement key
measures in the root-and-branch review to ensure that public
protection is the sole criterion and focus for parole decision
making.
Dr Evans
I thank the Secretary of State for his answer. My concerns on
this point come alongside those of my neighbour and hon. Friend
the Member for South Leicestershire (), about Colin Pitchfork, the
double child murderer and rapist who was released on parole,
reoffended and rearrested. I do not expect the Secretary of State
to comment on that specific case, but how does he balance the
need to avoid political interference with raising public
legitimate concern?
I thank my hon. Friend, and my hon. Friend the Member for South
Leicestershire (), who have campaigned
tirelessly for parole reform. Our constituents and members of the
public already think that we, as Ministers and as Members of this
House, are responsible for the justice system. What most
frustrates them is when we duck these issues, or if matters are
delegated and we do not have any control. I can tell my hon.
Friend that we will overhaul the criteria so that public
protection is the exclusive focus of decision making. We are
already, as I am keen to do, recruiting more parole board members
with law enforcement experience, because they have a different,
more risk-averse approach to public protection. We will be
introducing a ministerial check over the most serious offenders,
including murderers, rapists, terrorist offenders and child
killers. I hope that will have the support of those on the
Opposition Benches.
Mr Speaker
is not here.
Court Proceedings: Social Media
(Barrow and Furness) (Con)
13. What assessment he has made of the impact of social media on
live court cases. (904358)
The Parliamentary Under-Secretary of State for Justice ()
We have taken steps to mitigate the risk that social media poses
to court cases following a call for evidence in 2019.
Arrangements are in place with social media companies to ensure
that relevant material is flagged and removed, and we are working
to improve the enforcement of anonymity laws. Courts will take
appropriate action against those who misuse social media, and
they may be found in contempt of court, resulting in a fine and
up to two years in prison.
In May 2020, just as we entered the first lockdown, a young woman
from my constituency posted false allegations on Facebook
claiming that she was the victim of an Asian grooming gang, and
that she had been raped, trafficked and beaten. The images
accompanying that post were absolutely horrific. As the House
might imagine, the post went global and it went viral, and in the
lockdown world, it was all people were talking about. Hundreds of
thousands of messages were being shared on Facebook, Twitter,
Snapchat and others. The environment made it increasingly
difficult for the police to do their job gathering evidence, and
it even risked the viability of a trial going ahead at all.
Traditional media carry reporting restrictions for such cases.
Will the Minister agree to meet me to discuss whether we can look
at applying the same conditions to social media channels?
I am more than happy to meet my hon. Friend. I can reassure him
that contempt of court and reporting restrictions apply to social
media as well as mainstream media. We continually look at what
more we can do to strengthen the law in this area, and that is
why we have asked the Law Commission to consider the issue as
part of a wide-ranging review of the law on contempt of court.
Two new offences in the Online Safety Bill will criminalise the
type of behaviour we have seen in the Eleanor Williams case. The
false communications offence will criminalise communications
where a person sends information that they know to be false with
the intention of causing harm. As I say, I am more than happy to
meet my hon. Friend.
Court Cases Backlog
(North West Leicestershire)
(Ind)
14. What progress he has made on tackling the backlog of court
cases. (904360)
The Parliamentary Under-Secretary of State for Justice ()
The outstanding case load has reduced across the UK. I do not
have specific numbers for my hon. Friend’s constituency, as we do
not calculate them by constituency. We are taking action across
the criminal justice system to bring backlogs down and improve
waiting times for those who use our courts.
My hon. Friend will be aware of the saying that justice delayed
is justice denied. What steps is he taking to ensure that the
courts sit for as long as possible to try to get the backlog
down?
I can reassure my hon. Friend that we have removed the limit on
sitting days in the Crown court for the second financial year in
a row, and that means that courts will continue to work at full
capacity. We are also continuing with the use of 24 Nightingale
courtrooms into the 2023-24 financial year, and are recruiting
1,000 new members of the judiciary to ensure that we get the
backlog under control.
Mr Speaker
You could always reopen the court at Chorley to help.
(Weaver Vale) (Lab)
Victims of crime are having to wait up to four and a half years
for their day in court. Since 2010, 50% of magistrates courts
have been closed. Do the Secretary of State and the Minister
believe that is a coincidence?
In terms of the efficiency of the courts estate, I can reassure
the hon. Gentleman that I am less hung up about the availability
of buildings in every town and city and more hung up about
whether we have sitting days and judges to ensure that our
criminal justice system is swift and fair.
Mr Speaker
I call the shadow Minister.
(Stockton North) (Lab)
The Minister would have us believe that all was well and great
progress was being made in tackling the courts backlog. Then we
got the damning National Audit Office report into the reform
programme. The catalogue of problems is too extensive to detail
here, from the ailing common platform to the hundreds of failing
processes within the 46 projects yet to operate in the way they
were intended. I therefore pose the same questions as the NAO:
when will Ministers be able to quantify the now decreasing
benefits of the programme and demonstrate that it has improved
access to justice?
I appreciate that the shadow Minister has a somewhat luddite
approach to implementing new systems. I also say to him that the
Opposition have been calling for us to listen to the staff using
the common platform, which is what we have done. In fact, when I
go out and about and talk to courts staff, including listing
clerks and clerks in magistrates courts, the benefits of the
common platform are understood, but the implementation does need
some work, which is why we are pausing it. However, the
alternative is to return to legacy systems, which were on the
verge of collapse and for which support will be withdrawn in the
near future. If that is his future, he is welcome to it.
Domestic Homicide: Sentencing
(North Wiltshire) (Con)
15. What plans his Department has to consult on the options for
reform in its response to the domestic homicide sentencing
review.(904361)
The Minister of State, Ministry of Justice ()
I am very grateful to Clare Wade KC for her work on this review,
and I would also like to pay tribute to Carole Gould and Julie
Devey for their tireless campaigning following the tragic murders
of their daughters Ellie Gould and Poppy Devey Waterhouse, in
whose names they campaign.
As my hon. Friend will be aware, the Deputy Prime Minister
published the domestic homicide sentencing review on 17 March. We
will launch a public consultation on increasing the starting
point to 25 years for murders preceded by controlling or coercive
behaviour. We have also announced other key measures to help
ensure that sentencing better reflects the seriousness of these
horrific crimes, so that this important legislation can be
introduced as swiftly as possible.
My constituent Carole Gould broadly welcomes the 17 proposals in
the Wade report. Indeed, she welcomes the fact that we have had
the Wade report at all. However, we bitterly regret the fact that
only two years have been added for overkill, coercive behaviour
and strangulation. It should be much higher than that: it should
be 25 years minimum. We are also very disappointed that, of the
17 proposals Ms Wade brought forward, only three have so far been
taken up by the Government. When will the Minister bring forward
a consultation on the remaining 14, and how many of the remaining
14, which Ms Wade believes should form one package, will be
accepted by the Government?
I am grateful to my hon. Friend. I am very much aware of the
calls of Julie and Carole in this respect, and of their
campaigns. I had the privilege of meeting them virtually
recently, and I look forward to seeing them in person in due
course. I am also aware of his dedicated campaigning on these
issues in his role as a constituency MP.
Reflecting the complexity of the law in this area, our full
response will be published this summer, providing an important
opportunity to engage stakeholders and hon. Members as we
continue to consider the remaining recommendations. We published
the review because my right hon. Friend the Deputy Prime Minister
felt it was very important that it was out there and people could
contribute to that debate. As my hon. Friend highlights, we have
accepted three recommendations and rejected one, and the other 13
will be considered very carefully in the light of representations
made to us in the coming months.
Small Boat Crossings
(Rother Valley)
(Con)
18. What steps his Department is taking through the criminal
justice system to deter small boat crossings of the English
channel.(904364)
The Lord Chancellor and Secretary of State for Justice ()
Under the Nationalities and Borders Act 2022, 162 people,
including 34 small boat pilots, have been convicted, resulting in
sentences totalling 108 years—legislation, of course, opposed by
the Labour party.
I thank the Secretary of State for the answer, but is my right
hon. Friend aware of the concerns of many of my constituents that
illegal immigrants and their lefty London lawyers are seen to
game the court system by relying on its sluggishness so that they
can remain here indefinitely? [Interruption.] What steps is he
taking to boost capacity in the upper and first tier-tribunals
ahead of the Illegal Migration Bill coming into force?
I thank my hon. Friend, who has woken up the shadow Front Bench
team from their slumbers with that one. He is absolutely right.
As part of the work I am doing with the Home Secretary, we are
increasing the number of judges we are recruiting for the
immigration and asylum chamber. That means 72 more judges for the
first-tier tribunal and 50 more for the upper tribunal. We want
appeals decided swiftly and decisively, so that we can clear the
court system and also make sure we remove those who are not
entitled to come here.
Domestic Abuse
(Edinburgh West) (LD)
19. What recent discussions he has had with Cabinet colleagues on
tackling domestic abuse.(904365)
The Minister of State, Ministry of Justice ()
My right hon. Friend the Deputy Prime Minister and I have regular
discussions with ministerial colleagues about tackling domestic
abuse and how we can build on the progress already made. The
Government have made good progress on our implementation of the
Domestic Abuse Act 2021, and the majority of measures are now in
force. In February of this year, we announced additional measures
to further tackle domestic abuse, including recording the most
harmful domestic abuse offenders on the sex offenders register
and classifying violence against women and girls as a national
threat for policing for the first time. Just this month, we have
announced tougher sentences for domestic abusers who kill their
partners or ex-partners.
I thank the Minister for his answer, but several areas were not
addressed in the Domestic Abuse Act 2021, and many of us believe
that they need to be covered in the forthcoming victims Bill.
Specifically, they relate to improving the support that survivors
receive. It is now a year since the publication of the draft
Victims Bill, and we are still waiting for its First Reading.
Will the Minister update the House on what the timetable is
likely to be, and whether, once introduced, it will address areas
such as the lack of specialist services for minority groups, the
lack of mental health support, and the gaps in provision for
children?
As ever, I am grateful to the hon. Lady for her question and the
tone in which she put it. She will have seen the draft Victims
Bill, and our response to the prelegislative scrutiny report by
the Justice Committee. On support, she will be aware that we have
more than quadrupled the funding for victims of crime, up from
£41 million in 2009-10. As the Minister who wrote the victims
strategy when I was last in this post in 2018-19, like her I very
much look forward to the victims Bill. I hope she will not have
long to wait, and I look forward to it being brought forward in
due course. When it is, I look forward to working constructively
with her as it passes through this House and the other place.
Mr Speaker
I call the shadow Minister.
(Cardiff North) (Lab)
Since questions began at 11.30 am today, 12 women across the
country will have been raped. It is likely that not a single one
of them will see their rapist charged. Those women have no
Victims’ Commissioner and no victims Bill to protect them. Have
not women suffered enough? How long will victims have to wait
until they are put first in this broken justice system?
Under this Government victims are always put first. The hon. Lady
raised two or three points, and she will be aware that reports
and charges of rape, and receipts in the Crown court, have been
going up. There is more to do in that space—we have been clear
about that—but we have continued to drive progress, not least
through the Operation Soteria approach that we have piloted in a
number of areas. She mentioned the appointment of a Victims’
Commissioner, and my right hon. Friend the Deputy Prime Minister
has been clear that we are in the process of recruiting for that
role. I am sure she would wish us to follow due process—those on
the Labour Front Bench have called for that on a number of
topics—and that is exactly what we are doing. I urge her to be
patient with respect to the victims Bill, and I hope she will
shortly be satisfied on that score.
Topical Questions
(Penrith and The Border)
(Con)
T1. If he will make a statement on his departmental
responsibilities.(904367)
The Lord Chancellor and Secretary of State for Justice ()
Since the last Justice questions I hosted a conference of Justice
Ministers and representatives from around the world—more than 40
countries—and we agreed a package of financial support and
technical assistance to help the International Criminal Court, in
particular with the indictment in relation to alleged war crimes
in Ukraine. We have also published the independent domestic
homicide sentencing review, announcing new statutory aggravating
factors, to increase sentences for those horrific crimes.
Dr Hudson
Although we know that vaping and e-cigarette products can reduce
the harms of tobacco smoking in adults, those products are not
risk free and there is an alarming popularity of vaping among
under-18s, and even among primary-age children. There are
concerning reports of schoolchildren becoming addicted to those
products, disrupting their sleep patterns, and leaving lessons
and even exams to vape. Will my right hon. Friend assure me that
the Government are taking action to prevent the promotion and
illegal sale of vapes to under-18s, and prosecute those who break
the law in that regard?
As my hon. Friend will know, vapes can only legally be sold to
those over 18 in this country. We limit nicotine content and
refill bottle and tank sizes, and there are also restrictions on
labelling and advertising. When there is evidence of any
breaches, we expect and I know that law enforcement authorities
take that seriously. More generally, given the age group we are
talking about, the Department of Health and Social Care is
exploring a range of new measures, particularly about addressing
youth vaping, and preventing and spreading awareness of the
harms.
Mr Speaker
I call the shadow Secretary of State.
(Croydon North) (Lab/Co-op)
Last December, I announced Labour’s plan to crack down on
antisocial behaviour by forcing fly-tippers to join clean-up
squads, and giving victims a voice in choosing the punishments of
offenders right across the country. When the Prime Minister
copied our policies, why did he shrink them down to just a
handful of pilots, leaving most of the country with nothing?
Labour does not have a plan. We are the ones delivering.
[Interruption.] I say to the shadow Justice Secretary that
actions speak louder than words. Labour Members voted against
extra money for police recruitment and they voted against tougher
sentences. The Mayor of London wants to decriminalise cannabis.
The hon. Gentleman says he agrees with that. The British people
would have to be smoking it themselves to vote for them on law
enforcement.
If the right hon. Gentleman thinks the Government are doing such
a fantastic job on antisocial behaviour, perhaps he could explain
this. Since 2014, according to his own Department, offenders who
were given community sentences have dodged over 16 million hours
of unpaid work that they were sentenced to carry out but never
made to do—16 million hours. Why?
Actually, we toughened up community sentences, with community
payback and a massive expansion in the number of hours. The use
of electronic monitoring has meant that we can be far more secure
and crack down harder when conditions are not met. If the hon.
Gentleman wants to talk about crime, he can explain this: since
2010, crime has come down. It has more than halved, excluding
fraud and computer misuse. Reoffending is lower than under Labour
by 7%. We have also seen a massive reduction in the number of
prison absconds. He talks a good game; we deliver.
(Rochester and Strood)
(Con)
T2. In 2015, my constituent’s brother was brutally and
senselessly murdered. The perpetrators were convicted and sent to
prison. One remains in prison serving a life sentence. The family
were devastated to find out that he had been moved to Rochester
prison, less than three miles from where the family and extended
family live and work, and close to the brother’s grave. This is
causing the family great distress, as an exclusion order was
placed on the other perpetrator who is now on parole. Will my
right hon. Friend meet me and the family to discuss the impact it
is having and the distress it is causing to a local grieving
family?(904368)
The Minister of State, Ministry of Justice ()
I thank my right hon. Friend. All our sympathies are with her
constituents and the family. I will, of course, be very happy to
meet her.
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP)
The Casey report reminds us that we must be alive to racism not
only in the police, but in the whole justice system. Will
Ministers engage with and act on a significant report by
Manchester University and a Crown court judge, which found that
racial bias plays a significant role in the justice system,
including discrimination by judges? The report made a series of
constructive suggestions to address this issue.
I will certainly take a look at the Manchester academic report
the hon. Gentleman refers to. I know, through my work with His
Majesty’s Courts and Tribunals Service and the senior judiciary,
that they are very mindful of the issue he raises. It is
important. Equally, we need to ensure that we are rigorous and
colourblind to all crimes, and ensure that the rule of law
applies across all communities. That is the best way to make sure
we strengthen and reinforce public confidence in the justice
system.
(Chipping Barnet)
(Con)
T8. Antisocial behaviour is a source of huge frustration,
irritation and inconvenience for many of our constituents so I
welcome Government action, but I have to say that we have heard
announcements like this before. Will the Secretary of State
ensure that the justice system’s response on antisocial behaviour
becomes more effective, so that this week’s announcement can make
a real difference to people’s lives?(904376)
My right hon. Friend is absolutely right and that is the focus of
what the Home Secretary and the Prime Minister announced. For
example, in the initial 10 police and crime commissioner areas,
the ambition is for offenders to be doing reparatory work—for
example, litter picking or cleaning up graffiti—in their
communities within 48 hours of an offence. The powers to allow
the police to drug test for a wider range of drugs, including
methamphetamine, will give communities a sense of reassurance
that action is being taken.
(Hammersmith) (Lab)
T3. Last week, a supervising officer at HMP Wormwood Scrubs was
brutally attacked a matter of yards from the prison entrance. The
Prison Officers Association tells me—the right hon. Member for
Rochester and Strood () will be concerned about
this—that last week an officer leaving Rochester Prison was
threatened by an ex-prisoner. He was told he would be shot and
his house burnt down. I am sure the Minister will join me in
wishing a speedy recovery to the officer who was hurt, but we
need more than that. What is the Ministry of Justice doing to
ensure that prison officers, who have a difficult job, are safe
coming and going from work?(904369)
I echo the hon. Gentleman’s good wishes for the victim. He is
absolutely right about the importance of the safety and security
for our prison officers. Things such as the rolling out of
body-worn video cameras are an important part of that, along with
the sensible use of PAVA spray, which I know the POA wants.
(New Forest West) (Con)
Will the Minister end the nonsense of community punishments
discharged by working from home?
I am not sure that I can respond in quite the same style as my
right hon. Friend. During the pandemic, being able to do certain
tasks remotely or from home was a way of carrying on with unpaid
work. But in general, we expect people to turn up and do that
work, usually, in a group setting.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
T4. In January I told the Justice Secretary about my
constituent, who was a victim of historical child sexual
exploitation, having her trial postponed three times since 2019.
She is still waiting. I also asked him if he would tell me what
proportion of historical CSE cases were delayed by up to four
years, and I am still waiting for an answer. Will he please
answer me now?(904370)
The hon. Lady raises a very serious issue. Particularly complex
cases have been delayed because of the pandemic, the backlogs and
the Criminal Bar Association strike. I am happy to write to her
about that, and I apologise for not having done so already. In
addition, if she would like to meet the victims Minister, he will
be happy to talk her through the issues.
Mr Speaker
I call .
(Windsor) (Con)
Thank you for your generosity in allowing me to ask this
question, Mr Speaker. My constituent Joanna Brown, a wife, mother
of two children and daughter of loving parents, was brutally
murdered in my constituency back in 2010. Her husband was
convicted of the murder and was sentenced to 24 years. Sadly, it
seems that he will be let out on licence in November. May I urge
the Justice Secretary to ask the parole board to question whether
such offenders should come out of prison?
My hon. Friend raises a terrible and tragic case. He knows that I
recently met Joanna’s mother, Diana Parkes, and Joanna’s closest
friend Hetti Barkworth-Nanton, who are co-founders of the Joanna
Simpson Foundation. They have shown inspirational courage through
their grief. I assured them, and I am happy to assure the House,
that I will give Mr Brown’s case my closest personal attention.
There will be maximum rigour in assessing risk to determine
whether to use the new power given to me by the Police, Crime,
Sentencing and Courts Act 2022. I am happy to arrange for my hon.
Friend to meet the relevant Minister if that is useful.
(Kilmarnock and Loudoun)
(SNP)
T5. Rather than the Tory bluster on article 8 of the European
convention on human rights, does the Secretary of State
acknowledge the findings of the Joint Committee on Human Rights
that the UK actually has tight restrictions on article 8 rights
in deportation cases, often requiring the need to prove very
compelling circumstances?(904371)
I am afraid that I do not, but I respect the Committee. There has
been pretty rampant abuse of the Human Rights Act 1998 when it
comes to deporting foreign national offenders. That is what our
Bill of Rights will cure.
(Haltemprice and Howden)
(Con)
The recent investigation into lawfare by the Bureau of
Investigative Journalism and The Sunday Times revealed how
witnesses can be paid vast sums of money—up to £1 million—to
appear in British courts. That is illegal in America. Does the
Government agree that the payment of such a huge amount of money
has the potential to sway witnesses and should be outlawed?
I thank my right hon. Friend for bring that to my attention. It
sounds very serious and capable of having a negative and
pejorative influence on proceedings. If he writes to me or—even
better—comes to see me, I will be happy to look into it
further.
(Edinburgh North and Leith)
(SNP)
T6. The Joint Committee on Human Rights concluded that the UK
Government should not proceed with the Secretary of State’s
proposed British Bill of Rights, saying:“it weakens rights
protections, it undermines the universality of rights, it shows
disregard for our international legal obligations”. I realise
that his Government show little regard for international legal
obligations generally, but what is his response to the JCHR’s
recommendations?(904373)
We showed only last week, when we brought together more than 40
countries to give effect to the International Criminal Court
mandate to investigate and prosecute war crimes in Ukraine, how
we are leading the charge and upholding the international rule of
law. That is not helped, however, by abuses of the system,
particularly, as suggested by her colleague the hon. Member for
Kilmarnock and Loudoun (), foreign national offenders
using elastic interpretations of human rights to frustrate a
deportation order. That is the ill that we will cure in addition
to strengthening quintessential UK rights, such as freedom of
speech.
(Bromley and Chislehurst)
(Con)
Last year, the Government rightly accepted the Bellamy review’s
recommendations on criminal legal aid, one of which was the
establishment of an independent advisory board. When will the
Government publish the board’s membership and detailed terms of
reference?
I thank the Chair of the Justice Committee. They will be
published very shortly.
(Swansea West)
(Lab/Co-op)
T7. Only one in 50 rape cases gets to court, and the Secretary of
State has already confirmed that it can take over two years to
get a prosecution, but what is he doing about rapes following
needle or drink spiking? Is he working with clubs on
surveillance, scanning and testing? Has he written to the police
so that people do not say, “You’re drunk, love”? Has he any idea
how many convictions have followed cases of women being raped
after being spiked, including by needles?(904375)
I wholeheartedly agree with the hon. Gentleman that this is a
serious new category of threat to women. The forensic
capabilities are there, and the practice is clearly already
illegal, so it is just a question of gathering the evidence to
bring cases to court. Police referrals, CPS charges and Crown
court receipts in adult rape cases are all up by around 100%.
(South Basildon and East
Thurrock) (Con)
As my right hon. Friend will know, my private Member’s Bill
reforming the process of creating lasting power of attorney
passed through this place two weeks ago and is now in the other
place. Assuming all goes well, when does he expect it to receive
Royal Assent?
The Parliamentary Under-Secretary of State for Justice ()
While I cannot determine the date of Royal Assent, I reassure my
hon. Friend that once the Bill passes through the other House, we
would expect it to complete its passage here before the end of
the Session.
(Coventry North West)
(Lab)
Too many families are being failed by our broken courts system,
including my constituents. With poor handling of domestic abuse
allegations, the disregarding of children’s voices, and an
obsessive pro-contact culture that puts unfit parents’ demands
ahead of the children’s best interests, we need urgent reform.
What steps is the Justice Secretary taking to protect vulnerable
children and ensure justice for victims?
I take this matter very seriously. Broadly speaking on the family
courts, which I think is the crux of the hon. Lady’s question, of
course there is a need for safeguarding in getting domestic abuse
cases to court—around 55% of cases—but the best way to ensure
that they are dealt with effectively is to ensure that the other
45% of cases go through mediation and do not double-dip their way
into the courts system.
(Lewisham East) (Lab)
The concordat on children in custody provides a protocol for the
transfer of children out of custody and into local authority
accommodation, yet many police forces and local authorities have
not signed up to it and too many children are being detained in
custody, even after being charged. Why is that the case, and what
is the Minister going to do to address it?
Huge efforts have been made to try to ensure, where possible,
that we divert young people from the criminal justice system. The
hon. Lady should know that the number of children in custody has
fallen by 68% in the past decade. At the end of January this
year, 438 children were in custody—down from 1,349 in January
2013—but we are also considering other measures, such as secure
schools, to ensure that we can deal with all such cases
appropriately.
(Huddersfield)
(Lab/Co-op)
Has the Secretary of State seen “The Gold”, the gripping but
disturbing BBC series about the Brink’s-Mat robbery? If he has,
does he feel that justice has been served? Is there any more
justice to come?
I have to say that I have not seen it, but now that “Love Island”
is over I shall transition seamlessly to the hon. Gentleman’s
suggestion.
(Strangford) (DUP)
Has the Minister made an assessment of the number of wills and
estates that are disputed over assets each year in the United
Kingdom? What discussions has he had with the devolved Assemblies
about the timescales for solving such issues?
I am not aware of any particular statistics on the number of
wills that are contested, but I will write to the hon. Gentleman
and ensure that we liaise with the devolved Assemblies
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