Probation Service Chris Evans (Islwyn) (Lab/Co-op) 1. What recent
assessment he has made of the effectiveness of the probation
service. (906328) The Minister of State, Ministry of Justice
(Damian Hinds) Probation professionals perform a critical and
invaluable role for our society. We are injecting an additional
£155 million a year to recruit more staff, reduce case loads and
continue to deliver better community supervision of offenders. We
are seeing...Request free trial
Probation Service
(Islwyn) (Lab/Co-op)
1. What recent assessment he has made of the effectiveness of the
probation service. (906328)
The Minister of State, Ministry of Justice ()
Probation professionals perform a critical and invaluable role
for our society. We are injecting an additional £155 million a
year to recruit more staff, reduce case loads and continue to
deliver better community supervision of offenders. We are seeing
improvements in performance as that investment beds in, but there
is more to do and I continue to monitor things closely.
I thank the Minister for that answer, but he will know that Napo,
GMB and Unison all say that the probation service is facing
soaring workloads. Employees are battling under the pressure and
sickness rates are high. With many workers off sick, the impact
on public safety will be massive. Something must be done.
Stepping outside the politics of this, will he commit to working
constructively with unions and other agencies to bring about a
strategy that will address this critical area of probation?
I am grateful to the hon. Gentleman who I know takes a very close
interest in these matters, and rightly so. I commit to working in
partnership with unions and other representative bodies and
others to make sure that we have the right support for this
service. Let me reassure him that recruitment to the probation
service has been very encouraging over the past three years and
we have managed to exceed our stretching recruitment targets.
Mr Speaker
Let me welcome the shadow Minister to her post.
(Brentford and Isleworth)
(Lab)
Thank you, Mr Speaker.
In July, His Majesty’s Inspectorate of Probation reported that it
had found that far too many potential victims of domestic
violence are at risk from those on probation due to wide-ranging
systemic failures in the service. Furthermore, the chief
inspector of the probation service said that things have
deteriorated since the 2018 report into the probation service. Is
the Minister not concerned that, once again, after 13 years of
Conservative rule, things are continuing to get worse for victims
of domestic violence?
First, may I join you, Mr Speaker, in welcoming the hon. Lady to
her place? I look forward to working constructively with her. She
raises an important point about the protection of people from
domestic abuse from those who are on probation. I can reassure
her that we have put in place further measures and, indeed,
invested additional money—£1.5 million a year—to support those
extra checks into addresses of where offenders may be going, to
make sure that there is not that domestic abuse risk.
Prison Release: Employment
(South East Cornwall)
(Con)
2. What steps his Department is taking to help offenders find
employment following release from prison. (906329)
The Minister of State, Ministry of Justice ()
We continue to develop opportunities for work and training, both
during custody and on release. I am pleased to say that the
proportion of prison leavers employed six months after release
has increased markedly over the past two years.
Mrs Murray
What help can the Department give to aid the mobility of this
potential workforce and get them to where they need to be?
My hon. Friend raises an important point. Going to where the job
opportunities are is incredibly important; I would mention to her
opportunities such as the Jobcentre Plus railcard through the
Department for Work and Pensions. We also need to make sure that,
at the point of release, prisoners are put in touch with
opportunities near to where they live—where they are going to.
Although we work with employers large and small, there is a
particular value in working with multi-site firms that have
locations in many different places.
(Hammersmith) (Lab)
There have been seven deaths in Wormwood Scrubs prison as a
result of self-harm in the past three years. The first of the
inquests into those deaths—that of Luke Clarke—was concluded only
last month. It found that inadequate care, fear and confusion
contributed to Luke’s death. What is the Ministry of Justice
doing to prevent the unacceptable level of self-inflicted and
avoidable deaths in prison and what is it doing to speed up the
inquest process? I am still waiting for the meeting into the
inquest process that I was promised on 27 June by the
Under-Secretary of State for Justice, the hon. Member for
Finchley and Golders Green ().
We were talking about employment on release, but what the hon.
Gentleman raises is incredibly important. I have visited Wormwood
Scrubs. Rates of self-harm are unacceptably high. They vary by
place. In the women’s estate, we have a particular issue with
self-harm. We are working closely with the national health
service, which provides mental health support in prisons. I am
absolutely determined that we bring down levels of self-harm.
Mr Speaker
I call the new shadow Minister.
(Lewisham East) (Lab)
Prison leavers in employment training are less likely to
reoffend. That means that education and training for young
offenders in prison is crucial. Will the Minister say why the
Government have failed so far to implement a new prison education
service? It was promised in their party’s manifesto in 2019.
Implementing it in 2025 is too little, too late.
I join you, Mr Speaker, in welcoming the hon. Lady to her place
and similarly look forward to working with her. I can bring her
good news. First, there is an education service operating in
every prison, with four contracted providers. We also have
additional provision that governors can put in place, but for the
new service that she mentions—it was indeed a manifesto
commitment—the process is well under way. I look forward to being
able to make further announcements before long.
Violence against Women and Girls
(Leyton and Wanstead) (Lab)
3. What steps his Department is taking to reform the criminal
justice system to help tackle violence against women and girls.
(906330)
(Oldham East and
Saddleworth) (Lab)
10. What steps his Department is taking to reform the criminal
justice system to help tackle violence against women and girls.
(906338)
(Newport West) (Lab)
12. What steps his Department is taking to reform the criminal
justice system to help tackle violence against women and girls.
(906340)
The Minister of State, Ministry of Justice ()
The crimes associated with VAWG are abhorrent, which is why we
have already taken significant action to strengthen the criminal
justice system’s response to it, including for example through
our end-to-end rape review, driving up prosecutions, and the
introduction of new protections for victims through the landmark
Domestic Abuse Act 2021. Much has been done, but we are ambitious
in wanting to go further.
I understand what the Minister is saying, but it takes two years
or more for rape cases to come to court, and 69% of victims
withdraw from the cases before they come to trial. Has the
Minister had the chance to look at our proposal for specialist
rape courts in every Crown court in the country?
I crave your indulgence, Mr Speaker. May I take this opportunity
to pay tribute to the hon. Member for Cardiff North (), who shadowed me for some
time, and to the hon. Member for Lewisham West and Penge (), who also did so? I wish
them both well, although given the latter’s election
co-ordination role, hopefully not too well.
It remains our priority to deliver swifter access to justice for
victims of rape. As the hon. Gentleman says, the experience of
attending court is incredibly difficult for them. That is why we
have committed to increasing the number of independent sexual
violence advisers and independent domestic violence advisers to
more than 1,000 over the next three years. In June 2022, we
announced our ambitious specialist sexual violence support
project in three Crown courts, aimed at improving facilities and
technology.
On the hon. Gentleman’s specific question, I would urge a degree
of caution on those proposals. Listing is a judicial prerogative,
and it is important we retain flexibility in the use of the court
estate to maximise the use of courts and judges’ time for a range
of offences and to meet the needs of the courts.
The independent inquiry into child sexual abuse recognised the
issues with the criminal justice system and said:
“The length of time taken to investigate and prosecute child
sexual abuse cases was…a matter of significant concern. Delay
within the criminal justice system can add to the harm caused by
sexual abuse”.
The experience of a constituent I am helping suggests that is
still the case. What mandatory training for court, judicial and
other criminal justice is available to ensure that they
appropriately support people who have been subject to this
abuse?
It is nice to see the hon. Lady in her place and it is always a
pleasure to answer questions from her. She highlights an
important issue raised by IICSA and historic and current child
sexual abuse. It is worth remembering that the investigation of
such crimes can be lengthy because of the complexities of the
crimes and of obtaining evidence. While training for the
judiciary and courts is a matter for the judiciary and the
Judicial College rather than for the Government, we have been
investing in training, as have police forces, across a range of
specialisms, including handling child sexual abuse cases. It is
important that they are handled with sensitivity and with an
understanding of the impact that the trauma has had on those who
are victims, and indeed also those who are witnesses. She touched
on a specific case and I am happy to engage with her outwith the
Chamber if that would be helpful.
According to the latest research, rape charges are taking longer
to be brought forward; the average time a victim has to wait for
their attacker to be charged—just charged—is now 400 days, over a
year. That is disgraceful, and the situation is getting worse.
When will Ministers speed up the process and give women, girls
and all victims of rape across England and Wales the justice they
deserve?
The hon. Lady is right to highlight the importance of timeliness.
One of the key aims of Operation Soteria—the new model for
investigating rape and serious sexual offences that is being
rolled out to all police forces in the coming months—is to
improve timeliness. Investigations in this space are, of
necessity, often complex and can take a long time. The number of
rape convictions is at or around the level it was in 2010. Now,
the number of cases passed by the police to the Crown Prosecution
Service for charge is up 130%. The number of cases charged is up
more than 90%, and the number of cases received in the Crown
court is up by more than 120%. Much has been achieved, but she is
right to highlight that there is always more that we can and
should do in this important space.
Dame (Basingstoke) (Con)
To tackle violence against women and girls, we need a criminal
justice system that works. Part of that is having laws that are
up to date to deal with the issues that women face today. I had
the pleasure of working with my right hon. Friend the Minister on
amendments to the Online Safety Bill that will make it a criminal
offence to post intimate images online without consent, but he, I
and others know that there are still gaps in the law when it
comes to the making of those images. Will he give us an
indication of when the Government intend to bring forward further
legislation, not only to deal with that, but to keep online
safety under constant review?
It has been a pleasure to work with my right hon. Friend on those
amendments to the Online Safety Bill, which returns to the
Commons today. She is right to highlight the rapidly changing
environment that we are legislating for and the need therefore to
keep things under constant review. Although she tempts me, I
shall resist the temptation to speculate on a forthcoming King’s
Speech or any future legislative announcements. What I will say,
which I hope will give her some reassurance, is that we have been
clear that, as soon as legislative time can be found, the
Government are committed to implementing the full package of
measures in the Law Commission report.
Prisons: Wakefield
(Wakefield)
(Lab/Co-op)
4. Whether he has made a recent assessment of the performance of
prisons in Wakefield constituency. (906331)
The Minister of State, Ministry of Justice ()
The most recent annual prison performance ratings for 2022-23
were published in July. His Majesty’s Prison and Young Offender
Institution New Hall was rated a 2, which is a matter of concern.
HMP Wakefield was rated a 4, or outstanding.
His Majesty’s Inspectorate of Prisons inspected HMP Wakefield
last year and had several concerns, including many that remained
unaddressed since its previous visit. Those concerns included
infrastructure that is in such a poor condition that it needs
investment, insufficient healthcare staff, a lack of mental
health interventions and too few activity places. The prison
leadership and staff continue to do the right thing and should be
praised, but when will the Minister play his part and get our
prisons back on track?
The hon. Gentleman is right to talk about the inspectorate of
prisons reports, which are a very important part of our system
and help to hold the Prison Service and us to account. In the
case of Wakefield, as he mentions, it was judged a 3, which is
reasonably good, for safety, for respect and for rehabilitation
and release planning. There was more to do on purposeful
activity, which I readily accept is a theme we have seen in a
number of reports from different prisons over time, particularly
since covid. The inspector also mentioned the strong leadership
at the prison and that the prison was settled. We need to
continue to make progress, but I join the hon. Gentleman in
playing tribute to the leadership at that prison and throughout
our Prison Service, and to all the brilliant staff who make it
what it is.
Criminal Courts: Backlog
(Waveney) (Con)
5. What steps his Department is taking to reduce the backlog of
criminal court cases. (906332)
The Parliamentary Under-Secretary of State for Justice ()
My hon. Friend raises an important point, and we remain committed
to working with our partners across the criminal justice system
to try to ensure that court processes are as efficient as
possible. We have introduced a raft of measures to achieve that
aim, including allowing courts for a third year in a row to sit
for an unlimited number of days, with extended use of 24
Nightingale courtrooms. In addition, we have opened two permanent
super-courtrooms in Manchester and Loughborough and are
recruiting an additional 1,000 judges across all
jurisdictions.
I am grateful to my hon. Friend for that reply. In Suffolk, the
backlog of criminal court cases remains stubbornly high, which is
not only denying victims justice, but placing a huge burden on
the police and costing the local taxpayer a fortune. Working with
Suffolk’s police and crime commissioner , can my hon. Friend produce a comprehensive and
bespoke plan that first clears the backlog, and then sets out a
long-term strategy for the efficient functioning of the courts in
the county?
I can reassure my hon. Friend that in Suffolk the disposals to
March 2023 were up by 23% on the previous quarter, while the
outstanding case loads slightly reduced in the same period. That
reflects the hard work that is done with our partners to ensure
that we get through the case load as fast as possible. We
continue to work with the judiciary to identify how we can get
the high workload moving more smoothly. Across the Department,
and working with our partners, the Crown court improvement group
continues to look at best practice and the local criminal justice
board will always look at best practice across the country to see
what we can do to ensure that his area continues to perform.
(Huddersfield)
(Lab/Co-op)
Is the Minister aware that the criminal courts are full of cases
relating to joint enterprise, a terrible miscarriage of justice?
Will he and the Justice team promise to meet me and the
campaigning group JENGbA—Joint Enterprise Not Guilty by
Association—to see whether we can clear the justice system of the
many people who should never have been in the courts?
The hon. Gentleman has campaigned on that issue for some time,
and I have met his colleague, the hon. Member for Edmonton
(), to discuss it. The data
collection does not support the identification of cases relating
to joint enterprise, but I understand that the Crown Prosecution
is now doing an exercise on better data collection to see whether
the issue that he continues to raise, quite rightly, is borne out
by the data, and we can see what action we might take to address
any injustices.
Mr Speaker
I call the shadow Minister.
(Stockton North) (Lab)
As the hon. Member for Waveney () pointed out, chaos in our
courts continues. Now, 500 security guards have voted for strike
action after a pay offer worth just 38p an hour above the minimum
wage. Peter Slator, chairman of OCS, which employs the guards,
says in his annual review:
“This was an exceptional year where our colleagues went above and
beyond to deliver reliable, high-quality services for our
customers around the world in the most challenging circumstances.
The reliability and resilience of our frontline colleagues during
the pandemic has been exceptional.”
I am sure the Minister will agree that the Government should pay
Mr Slator’s company enough for him to deliver fair pay. Will he
intervene to stop further chaos in our courts?
Our courts are not in chaos. [Interruption.] I am sure that if
the hon. Gentleman took the time to talk to all partners across
the criminal justice system, they would bear that out. All
elements of the criminal justice system, in whatever role they
play, continue to ensure that it works smoothly. The pay award is
a matter for the private sector employer; I will not
intervene.
Discussions with Scottish Government
(Caithness, Sutherland and
Easter Ross) (LD)
6. What recent discussions he has had with the Scottish
Government on justice. (906333)
The Parliamentary Under-Secretary of State for Justice ()
I am pleased to say that the inaugural meeting of the
inter-ministerial group on justice is taking place this
afternoon, chaired by and attended by the Scottish
Government Cabinet Secretary for Justice, , as well the Counsel
General for Wales, . That new forum has been
established by an agreement between the four nations of the UK.
It has discussed justice issues of mutual interest.
I rise as a convinced devolutionist. In fact, I think I am the
only Member of this place whose signature is on the Claim of
Right for Scotland. As and when a new law is agreed in Edinburgh
or Cardiff, say, what mechanism is in place to ensure that any
such new law will not disrupt either England or other parts of
the United Kingdom?
The hon. Gentleman raises a good point. We have more recently
seen the Scottish Government attempt to railroad the rest of the
UK on gender recognition. It is better when our legislatures work
in tandem for the benefit of all parties, not when Scotland tries
to disrupt other parts of the United Kingdom with ill-thought out
legislation.
Mr Speaker
I call the SNP spokesperson.
(Glasgow South West)
(SNP)
The Government will amend the Misuse of Drugs Act 1971 this
afternoon. That 50-year-old piece of legislation controls the
shape of Scotland’s criminal justice system to punish drug
addiction with the full force of the law rather than treat users,
in health settings, as addicts with health conditions. What
conversations has the Minister had with Cabinet colleagues in the
Scottish Government on introducing a safe drug consumption room
pilot in Glasgow?
I am not sure, based on recent reports, that that particular
pilot is working well. I will happily ask colleagues to see
whether that pilot is working as the hon. Gentleman says it is,
but that is not what the newspapers are reporting. The UK
Government’s response to it is something for the
inter-ministerial group, which is meeting this afternoon.
I am a bit confused by the Minister’s response. There currently
is no pilot in Glasgow, but perhaps there have been some positive
discussions between the Scottish Government and the Government
here. Given that there are 100 drug consumption rooms in more
than 60 cities across the world, supported by mountains of
evidence from NGOs, civil society groups and drug activists,
alongside the Lord Advocate’s new policy not to prosecute drug
users for possession offences committed within a pilot safer
drugs consumption facility, can the Minister give an iron-clad
commitment that the Government will not block this life-saving
health measure?
How that legislation is dealt with is a matter for other
colleagues, but I can reassure the hon. Gentleman that, if
treating drug taking as a health issue is working as he suggests
it is, we will learn from that and discuss it with our colleagues
in the NHS. The broad principle of it being a health issue is
being dealt with by the NHS and the Health Secretary. In terms of
legislation, that is a matter for Cabinet colleagues.
Prison Estate
(West Ham) (Lab)
7. What recent assessment he has made of the adequacy of the
prison estate for housing prisoners. (906335)
The Minister of State, Ministry of Justice ()
We are building 20,000 modern prison places to help rehabilitate
prisoners, cut crime and protect the public, and we continue to
invest in prison maintenance, so that existing places remain in
use and safe.
Ms Brown
The Minister’s answer is very interesting because, let’s face it,
our prisons have been run down for 13 years. Many are so old that
they were built before RAAC—reinforced autoclaved aerated
concrete—was even a twinkle in somebody’s bank account. If we
read the inspection reports, as I have, it is a list of woes.
They are draughty, damp, infested, terribly overcrowded and
woefully understaffed—hardly likely to enable rehabilitation. It
is our communities that endure the consequences, with at least
37% of prison leavers reoffending within 18 months. It is simply
not good enough, is it?
We continue to upgrade the prison estate. As I say, we are
investing in 20,000 new places—the biggest expansion in the
secure estate since the Victorian era. At the same time, we have
been taking out some of our most overcrowded and unsuitable
prisons. In the last financial year, we took out 1,900 places,
and we are investing £168 million in custodial maintenance for
2023-24 and 2024-25.
The hon. Lady mentioned reoffending. There is no good level of
reoffending but zero, but I am pleased to be able to report good
progress on reoffending, which has been coming down as a result
of more ex-offenders getting into employment, fewer of them being
homeless and more being able to get suitable, good treatment for
addiction.
Mr Speaker
I call the Chair of the Justice Committee.
(Bromley and Chislehurst)
(Con)
The Justice Committee is proposing to hold an inquiry into future
prison population and estate capacity, and I look forward to the
Minister giving evidence to us about that. He will know that that
is prompted in part by concerns that overall overcrowding in the
adult male estate is some 23%, and it is much worse in many of
the old local prisons. While he is right to draw attention to the
Government’s new prison building programme, even if that were all
completed on time, there would, according to figures we have
seen, be a shortfall in March 2025 of about 2,300 places as
against anticipated demand. What is going to be done to deal with
that? Should we have a proper conversation with the public about
what is a reasonable expectation of what can be done in prisons,
what is the best use of prisons and who should be there?
On my hon. Friend’s last point, of course we must constantly be
having an intelligent, constructive public debate about these
matters. On the question of capacity, projections change, and
there are many complex factors at play. I look forward, as ever,
to being scrutinised by his Committee on that point.
It is important to note that crowding—doubling up in cells—has
for a very long time been a feature of our prison system.
Crowding overall is 2,000 fewer than it was when we came into
government in 2010.
Foreign National Offenders
(Bosworth) (Con)
8. What steps he is taking with Cabinet colleagues to reduce the
number of foreign national offenders in the prison system.
(906336)
The Minister of State, Ministry of Justice ()
Between January 2019 and December 2022, we removed 13,851 foreign
national offenders from the country. As my hon. Friend rightly
suggests, that is all about close working with colleagues,
including in the Home Office.
Dr Evans
We have all seen the stories of convicted foreign criminals being
pulled off planes at the last minute. The Nationality and Borders
Act 2022 was brought in to improve the process of returning
criminals—to speed up that process and increase the window for
removal of foreign national offenders from prison under the early
removal scheme. Could my right hon. Friend comment on how that
scheme is working, how he expects it to affect the numbers, and
how he expects the process to be sped up?
As my hon. Friend mentions, under the Nationality and Borders
Act, we expanded the FNO early removal scheme window from nine
months to 12 months, allowing for earlier removal. We are working
closely with the Home Office on that. In May, we also agreed a
landmark new deal with Albania, and we are working to negotiate
new prisoner transfer agreements with EU member states and other
countries.
(Strangford) (DUP)
I thank the Minister very much for that response. It has been
reported that the proportion of Northern Ireland’s total jail
population who hail from outside the United Kingdom and Ireland
is disproportionately high—the figures indicate that it is
between 7% and 9% per year. Has the Minister had an opportunity
to assess that with the Department of Justice back home?
As the hon. Gentleman knows, given the way we are organised, we
do not cover the Northern Ireland Prison Service. However, it is
very important that we stay in close touch and, although I have
not had that specific conversation recently with colleagues in
Northern Ireland, there will no doubt be opportunities in the
future.
Reading Gaol
(Reading East) (Lab)
9. What progress he has made on the sale of Reading Gaol.
(906337)
The Minister of State, Ministry of Justice ()
The sale of Reading Prison is proceeding and, barring any
unexpected complications, completion is expected later this
autumn.
I thank the Minister for his answer, and for meeting me and the
right hon. Member for Reading West (Sir ) recently to discuss this
matter. Reading Gaol is a hugely important historic building, and
nearly 13,000 people across Berkshire have now signed a petition
asking the Government to work with me and the local arts
community to turn the gaol into an arts hub. It has taken the
Government a long time to discuss the proposed sale with their
preferred bidder and no progress—or slow progress—appears to be
being made. Will the Minister now reconsider the Government’s
approach and work with me, Reading Borough Council and the local
arts community to save this wonderful building?
The sale is progressing. Of course, any proposed development
would be subject to approval from Reading Borough Council’s
planning department, and the usual due diligence requirements and
so on will apply.
We quite often throw around the term “doughty campaigner” in this
Chamber, but I can certainly say that the hon. Gentleman and my
right hon. Friend the Member for Reading West (Sir ), his neighbour, have been
incredibly assiduous in their attention to this matter on behalf
of their constituents. In turn, I commit to him that we will
absolutely stay in touch.
Sentencing: Offender Attendance
(Dartford) (Con)
11. What steps his Department is taking to help ensure that
offenders attend their sentencing. (906339)
The Minister of State, Ministry of Justice ()
It is right that those convicted of a crime face up to its
consequences by being in court when they are sentenced. On 30
August, the Lord Chancellor announced his intention to legislate
as soon as parliamentary time allows to enable judges to order an
offender to attend court for sentencing, making it clear in
legislation that reasonable force can be used to compel
attendance and that refusal to comply with a judge’s order will
cause the offender to face up to two years in custody.
In 2014, Colin Ash-Smith was convicted of murdering 16-year-old
Claire Tiltman in my constituency of Dartford. His final insult
to her was to refuse to attend the sentencing hearing, so I
welcome the proposed changes to compel defendants to face up to
the consequences of their actions. However, can the Minister
confirm that there will be an opportunity for judges to hear
representations from the prosecution, defence, and security staff
before such action is taken?
I am grateful to my hon. Friend, and I hope he will allow me this
opportunity to express my sympathy to the friends and family of
Claire Tiltman, who lived in his constituency and, in 1993, was
tragically murdered. I was glad to see her murderer brought to
justice after so many years. Colin Ash-Smith, like Lucy Letby,
was cowardly for not attending the sentencing hearing to face up
to his appalling crime. Each case is different, so it is
important that the court and the judge have discretion in how to
make an attendance order, and in reaching that decision—although
we are working through the details—we would expect the courts to
consider the full circumstances of each individual case,
including any representations made by the prosecution or the
defence in that context.
(Harrow West) (Lab/Co-op)
If we want offenders to attend their sentencing, it does rather
help if the court is open. Harrow Crown court was closed two and
a half weeks ago because of the discovery of crumbling
concrete—RAAC—with no indication as yet of any timescale for it
to be reopened. Its closure will inevitably exacerbate the
backlog of criminal cases in the London area and prevent victims
of crime from seeing justice. Could the Minister provide quickly
an update on the progress at getting Harrow Crown court
modernised, fully repaired and open again?
I am grateful to the hon. Gentleman, particularly for the
dexterity with which he got Harrow Crown court in. He is right to
highlight that case. I understand that remedial work is under way
and that cases listed there have been transferred to other London
courts to ensure they still continue to be heard. I understand
from the Under-Secretary of State for Justice, my hon. Friend the
Member for Finchley and Golders Green (), that the indicative timescale
to complete the works is six to nine months.
Mr Speaker
I welcome the shadow Minister, . It will be quieter on the
Back Benches but no doubt he will make up for it on the Front
Bench.
(Cardiff West) (Lab)
Thank you, Mr Speaker. I suspect the Minister might anticipate
what I am going to ask him because I am beginning to think the
Department should be renamed the Department for Justice Delayed.
Labour proposed that we change the law on attending sentencing
back in 2022, and just last month the Leader of the Opposition
said that we were prepared to amend the relevant legislation if
there was no action, so why is it taking so long for the
Government to intervene on behalf of victims and their
families?
I am grateful to the hon. Gentleman and may I take the
opportunity to welcome him to his place? I suspect there will
occasionally be to-and-fros across this Chamber, but I hope there
will also be opportunities, where we are in agreement, to work
constructively together. We have been clear on our intention to
bring forward appropriate legislation to reinforce the existing
powers the judiciary has in this respect, but it is important
that we get this right and that it builds in that degree of
judicial discretion, because there may be some circumstances
where victims would not wish to see the offender in court for
sentencing because it would be deeply distressing or deeply
disruptive. So it is important that we get this right. We are
determined to do that, but we will work through the detail to
make sure it is robust and effective.
Prison Staff Vacancies: England and Wales
(Buckingham) (Con)
13. How many staff vacancies there are in prisons in England and
Wales.(906341)
The Minister of State, Ministry of Justice ()
We have recently seen indications of an improving national
staffing picture in prisons, with an increase of 700 full-time
equivalent bands 3 to 5 prison officers and youth justice workers
in the year to June 2023.
I am grateful to my right hon. Friend for that answer, but the
damning report into HMP Woodhill, just adjacent to my
constituency, was clear that staff shortages were a huge factor
in the serious issues that prison faces. It is equally well known
that HMP Spring Hill and HMP Grendon in my constituency have
faced recruitment challenges. In that light, if we cannot staff
the prisons that we do have, surely it is unworkable to carry on
with my right hon. Friend’s totally unwanted plans to build a new
mega-prison in my constituency and that planning appeal should be
withdrawn.
I am grateful to my hon. Friend, who takes a close interest in
these matters, and rightly so, particularly on behalf of his
constituents who are prison officers and other staff in and
around his constituency. I can assure him we are working urgently
to address the findings and the urgent notification at Woodhill.
I think we will come on to that a little later in questions from
hon. Friends. The Lord Chancellor will, as ever, be publishing an
action plan by the end of the month. We also have active
recruitment campaigns in place for Grendon and Spring Hill and
are seeking to increase numbers by incentivised recruitment.
Magistrates Courts
(Orkney and Shetland)
(LD)
14. What recent assessment he has made of conditions at
magistrates courts.(906342)
The Parliamentary Under-Secretary of State for Justice ()
I recognise that there continues to be work to be done to improve
conditions in some magistrates courts for the users, and that is
why we have boosted the capital investment programme to £220
million over the next two years to March 2025 to improve the
quality and enhance the resilience of the court and tribunal
estate, allowing us to plan major projects much more in advance
and with certainty. The improvements will ensure that those on
the frontline of the justice system will benefit from buildings
that are more accessible and sustainable.
Mr Carmichael
We speak of access to justice meaning the availability of legal
advice and representation but, for too many older and disabled
people, physical access to justice through the magistrates courts
in particular is well-nigh impossible because the buildings
themselves are not fit for purpose. Actually, “not fit for
purpose” was the term used to describe the magistrates courts in
the Secretary of State’s constituency by the former police and
crime commissioner. Do we not need more swift action to remedy
the problem than the Minister has outlined?
I took quite a bit of time to read the report from the
Magistrates Association on inaccessible courts to ensure that,
where we can make reasonable adjustments, we make them, and that
where we need to make more substantial investment to make the
courts more accessible, particularly to make them compliant with
the Disability Discrimination Act 1995, we do so and those works
are prioritised. We continue to work on new courts, as in
Blackpool and the City of London, to ensure that the estate is
modernised and we have courts that are accessible and fit for
purpose. The point is well made and it is in hand.
Magistrates: Training
(Lichfield) (Con)
15. What training is provided to magistrates to help ensure
impartial decision making. (906343)
The Parliamentary Under-Secretary of State for Justice ()
To preserve the independence of the judiciary, the Lord Chief
Justice has a statutory responsibility for the training of the
judiciary under the Constitutional Reform Act 2005, and that
includes magistrates and their legal advisers. Magistrates, and
the legal advisers who support them in court, must complete
induction training before hearing cases and, once magistrates are
sitting, continuation training is provided on regular cycles.
Impartial decision making is woven throughout all the
material.
I thank the Minister for his answer. and I have been working very
closely to ensure that the police act strongly and swiftly in
Shenstone near Lichfield over constant demonstrations at an
Israeli company that supplies arms to the British armed forces.
Two people went to trial at a magistrates court in Walsall and
they were acquitted. It is reported—we do not know for sure
because it is not a court of record—that the judge said
“on the principle of proportionality…their action was
proportionate in comparison to the crimes against humanity which
they were acting to stop”
by the Israelis. I think that, if it were true, is outrageous.
What can be done within the judicial system to ensure that that
sort of thing does not happen, if indeed it did?
My hon. Friend raises an important point about the independence
of the judiciary. We have to be careful that we do not rely on
reports by a third party, perhaps with a vested interest, because
these cases are not reported officially. However, if he wishes to
discuss any points of law that may lead to an appeal from the
prosecuting authority, he can do so and I am happy to work with
him and guide him on how that may be taken up with the Attorney
General. In terms of any complaints about the behaviour of the
judiciary, there is a clearly defined process that I am happy to
discuss with my hon. Friend after today’s session.
Probation Service
(Chipping Barnet)
(Con)
16. What steps he is taking to increase recruitment to the
probation service. (906344)
The Minister of State, Ministry of Justice ()
At 30 June just over 20,000 people were working in the probation
service—an increase of just over 2,300, or 13%, compared with 30
June the previous year.
I thank my right hon. Friend for his answer. Two horrific
cases—those of Jordan McSweeney and Damien Bendall—show how vital
it is to have effective supervision of recently released
offenders. What lessons have been learned from those two cases,
and will the Minister provide an update on the action being taken
to address problems in the probation service caused by high
vacancy rates and consequentially unmanageably large case loads
for probation staff?
I am grateful to my right hon. Friend and again I express my
sincere condolences to the families of Zara Aleena, Terri Harris,
Connie Gent and John and Lacey Bennett. We have increased
probation staff in the London area by 4.5% over the last year,
and that includes 270 trainee probation officers in post. The
service has accepted all the chief inspector’s recommendations in
respect of the two appalling cases that my right hon. Friend
mentioned, and it is implementing robust action plans, especially
with regard to improving risk assessments.
Female Offenders: Short Sentences
(Dwyfor Meirionnydd)
(PC)
17. Whether he has held recent discussions with the Welsh
Government on developing community-based alternatives to
imprisonment for female offenders serving short sentences.
(906345)
The Minister of State, Ministry of Justice ()
Ministers engage regularly with colleagues in the Welsh
Government, including discussions on female offenders and
alternatives to custody. Both Governments work closely on
delivering the “Women’s justice blueprint for Wales” on female
offending.
Short sentences for women often do more harm than good,
reinforcing trauma and leading to further reoffending. In 2022,
two thirds of sentences for immediate custody for women were for
less than 12 months. It is anticipated that 1,000 more women will
be in prison by 2026. How does the Secretary of State justify the
growing female prison population and the use of short sentences,
given Wales’s ambition to divert as many women as possible away
from prison?
The women’s population in prison has come down, and sentencing is
a matter for the judiciary and not something in which the
Government intervene. It is important that suitable alternatives
to custody are available, and I join the right hon. Lady in
paying tribute to the people running women’s centres, for
example, which do a fantastic job specifically for women, as well
as to the broader set of alternative and community sentence
options. It is important that we make sure we continue to work on
those, including working together with the Welsh Government.
Topical Questions
Dame (Llanelli) (Lab)
T1. If he will make a statement on his departmental
responsibilities.(906353)
The Minister of State, Ministry of Justice ()
I have been asked to reply on behalf of the Lord Chancellor, who
has been in Riga attending a Council of Europe meeting, where a
political declaration was signed on support for the Ukrainian
justice system. He is sorry not to be here for these oral
questions, and he has asked me to convey to the House his thanks
to the Metropolitan police for their quick work in finding and
returning Daniel Khalife to custody. The independent
investigation that the Lord Chancellor commissioned must now get
to the bottom of this serious breach. Since the last oral
questions, the Government have also announced that we will make
whole life orders the expectation in sentencing where they can be
applied. We have also outlined plans to order the worst offenders
to attend court for their sentencing hearings. We want to ensure
that the worst offenders receive their sentences in the full
glare of the courtroom, and that victims have the opportunity to
set out the impact the crime has had on them.
Dame
With Government spending for housing legal aid falling in the
past decade from £44 million to £20 million and the spending for
disrepair cases falling from nearly £4 million to just over £1
million, it is not a moment too soon that the Government have
begun to restore some legal aid with the housing loss prevention
advice service. Due to the Government’s disastrous Legal Aid,
Sentencing and Punishment of Offenders Act 2012, many housing
legal aid providers shut up shop, leaving 42% of the population
of England and Wales without a single provider in their local
authority area and 84% with no access to welfare legal aid. What
recent analysis has the Minister made of legal aid deserts, and
what steps is he taking to remedy the situation?
We are putting more money into legal aid and criminal legal aid
following the independent review. Specifically on housing, which
the hon. Lady mentioned, we are injecting an additional £10
million from 1 August.
Dame (South Northamp- tonshire)
(Con)
T3. What conversations has my right hon. Friend had across
government to make sure that the sentencing for those convicted
of dangerous cycling is equalised with the sentencing guidelines
for those convicted of dangerous driving?(906355)
The Minister of State, Ministry of Justice ()
I am grateful to my right hon. Friend, who I know takes a keen
interest in this issue. The safety of our roads is a key
objective for the Government, and protecting all road users is a
priority. Like all road users, cyclists have a duty to behave in
a safe and responsible manner. While laws are in place for
cyclists, they are old and it can be difficult to successfully
prosecute offences. That is why Department for Transport
colleagues are considering bringing forward legislation to
introduce new offences concerning dangerous cycling to tackle
those rare instances where victims have been killed or seriously
injured by irresponsible cycling behaviour.
Mr Speaker
I welcome the new shadow Secretary of State to her post.
(Birmingham, Ladywood)
(Lab)
I thank the Minister for the update about Daniel Khalife, but the
fact remains that HMP Wandsworth has been a known problem for the
best part of a decade, with a litany of failures including
overcrowding, staffing and security issues. Khalife is not even
the first escape from Wandsworth; there was an incident in 2019,
which the chief inspector of prisons said was the result of a
“serious security breach”. Why, after so many warnings about
Wandsworth, have the Government failed to act?
We take these matters extremely seriously. The independent
investigation will of course look at the question the hon. Lady
raised specifically about the 2019 incident to ensure that
lessons were learned. If we look at the independent review of
progress from His Majesty’s inspectorate, we see that progress
has been made in Wandsworth, particularly on staffing, which I
know has rightly been a matter of considerable public interest.
There has been an increase of some 25% in staffing specifically
at Wandsworth since 2017.
Years of warnings and years of inaction—I am afraid that rather
sums the Government up. On Sunday, the Justice Secretary told us
that 40 prisoners have been moved from Wandsworth, claiming that
that was out of “an abundance of caution”. Will the Minister tell
us how many other prisoners will have to be moved across the
whole prison estate as a result of this escape? What the public
want to see is not an abundance of caution after the fact of an
escape but an abundance of certainty that the prison estate is
secure. Is it?
It is. The hon. Lady would not expect me to get into a running
commentary on transfer arrangements when we are talking about
security. I want to reassure her, the House and the public that
escapes from prisons are very rare, and much rarer now than they
used to be. The number of escapes from prison in the last 13
years—since 2010—is considerably lower than it was in the 13
years before.
(North Devon) (Con)
T5. To encourage active travel, people need to feel confident
using our roads, yet the courts can impose only the same
penalties on multiple offenders as on a first-timer. Will my
right hon. Friend consider the introduction of escalating
penalties for repeat traffic offences?(906357)
My hon. Friend is right to highlight the issue of traffic
offences. As part of the Police, Crime, Sentencing and Courts Act
2022, there was an increase in the minimum disqualification
periods for the serious offence of causing death by careless
driving when under the influence of drink or drugs from two years
to five years, and an increase from three to six years if there
is a repeat offence within three years. The Department for
Transport is also currently considering a broader call for
evidence on motoring offences. I hope that the very recent report
from the all-party parliamentary group for cycling and walking
will be useful to it in that respect. I will ensure that
colleagues at the DFT are aware of her interest in this
issue.
(East Lothian) (Alba)
T2. As the absurdity of terrorist offenders in low category
prisons plays out, is it not time to free up space by removing
Assange from Belmarsh maximum
security facility, where he has languished since April 2019,
guilty only of a minor bail breach, when his real offence was
exposing war crimes? Regardless of his place of incarceration,
will the Minister ensure that he is able to attend proceedings in
person, which he has been denied since January 2021, given all
the comments about people being at court?(906354)
I think the hon. Gentleman has achieved his objective: to get
something on the record. I will not comment on ongoing cases,
but, speaking more generally, access to justice is at the heart
of what we do.
Priti Patel (Witham) (Con)
T6. I have a constituent who suffered life-changing injuries as
a result of an assault eight years ago—she is not on her own, on
that basis—but she was awarded only £150 from a compensation
order during the criminal case and offered £1,000 from the
Criminal Injuries Compensation Authority. Will the Minister look
at amending the Victims and Prisoners Bill so that victims can be
given adequate care, compensation from offenders and support
through the courts and, importantly, through the
CICA?(906359)
I am grateful to my right hon. Friend, who throughout her time in
the House, and particularly while Home Secretary, has always
taken a keen interest in supporting victims of crime. It is vital
that victims get the compensation they are entitled to, be that
from the offender or the criminal injuries compensation scheme,
which paid out more than £173 million in 2022-23. The making of a
compensation order is a matter for the court, and there is no
limit on the amount that a court can order an offender to
pay.
In respect of the criminal injuries compensation scheme, His
Majesty’s Government are consulting on changes following the
report of the independent inquiry into child sexual abuse
alongside previous consultations. It is important that that can
be considered fully, but that will be post-passage of the Victims
and Prisoners Bill.
(Chesham and Amersham) (LD)
T4. One of my constituents tells me that they are at risk of
losing their home because of how long they have had to wait for a
benefit decision appeal. Will the Minister outline what steps his
Department is taking to reduce the current 33-week waiting time
for benefit decision appeals to be heard?(906356)
The Parliamentary Under-Secretary of State for Justice ()
Across the whole tribunal process, the team will constantly
monitor who is performing and who is not, and will share best
practice. If the hon. Lady would like to write to me with the
details of a particular case, I can investigate the particular
cause of delay.
(Kettering) (Con)
T7. Parliament passed a law in 2015 that offenders convicted of
a second or subsequent knife offence should go to prison, yet in
the year to March, 16,000 such offenders—37% of the total—dodged
a jail sentence altogether. That is the highest total since the
law was introduced. Will Ministers ensure that the courts now
hand down the sentences legislated for in this House eight years
ago?(906360)
My hon. Friend is right to highlight the scourge of knife crime
and the need for tough sentences. Although sentencing in an
individual case is a matter for our independent judiciary, which
is able to consider the specific circumstances of individual
cases, in legislating on this issue Parliament was clear about
its seriousness. That is reflected in average sentences for all
types of knife crime, which are up from 6.5 months in 2010 to 8.1
months in 2020. In addition, 87% of those committing repeat
offences were given a custodial sentence, including suspended
sentences, which are a custodial sentence.
(Glasgow Central)
(SNP)
I have a number of constituents whose asylum appeals were allowed
by courts and tribunals service, but have now been thrust into
limbo while the case goes back to the Home Office for approval.
What conversations have Ministers had with their Home Office
colleagues on clearing the backlog that is preventing my
constituents from getting on with their lives?
I am always happy to look at individual cases to see if there are
specific issues causing a delay. Broadly speaking, I work with
colleagues at the Home Office and the Solicitor General’s office
to see what we can do to ensure that any delays in the process
are smoothed out, so that people do not have to wait for their
day in court.
(South East Cornwall)
(Con)
T9. What review, if any, has the Department carried out to ensure
that when courts extend bail, they ensure that the police are
dealing with their investigations diligently and
expeditiously?(906362)
My hon. Friend raises an important point for her constituents. I
must stress that the independence of the judiciary is fundamental
to the rule of law and the running of the justice system.
Therefore, the Department has not and will not conduct a review
into how the judiciary undertakes its functions in individual
cases. However, I can reassure her that the judiciary ensures
that the relevant agencies that it works with undertake their
functions smoothly and effectively.
(Wansbeck) (Lab)
Is it not the case that last-minute cancellations in magistrates
courts are largely caused by the inability to recruit and retain
legal advisers, who are paid a lot less than other Government
legal advisers? What steps will the Minister take to ensure an
increase in wages and better terms and conditions for those legal
advisers? Will he sit down with the PCS Union to try to resolve
this intolerable situation?
We look carefully at why all cases are vacated; in fact, the
biggest cause of vacation is often the non-availability of
prosecution or defence counsel, not of legal executives.
(Worthing West) (Con)
May I put it to Ministers that the nine-month wait for granting
simple probate is unfair on people trying to sell their parents’
home? I failed to get the probate service to work, and I have a
constituent who has written to the Prime Minister. Will Ministers
please sort it out?
The time taken once all required documents are received is
between six and nine weeks. We always advise that no one should
take a decision on the sale of a property until probate is
granted, but I can reassure my hon. Friend that despite a
significant increase in applications, the service is recruiting
and training up more than 100 new caseworkers to ensure that it
delivers the service that my hon. Friend wants, as do I.
(Blackburn) (Lab)
Last month the United Nations called for an urgent Government
review of sentences of imprisonment for public protection. Will
the Secretary of State listen to the UN? Can he explain why the
number of people with an IPP sentence recalled to prison without
committing any further offence has soared in recent years?
I can confirm that the Lord Chancellor and I—and us all—are very
conscious of the difficulties around IPP sentences, which would
not be introduced today. We abolished them, as the hon. Lady
knows, but there are people in prison who have been recalled or
not released by the parole board because they have not been
considered safe for release. Our objective is to help to manage
people towards safe release into the community. To that end, our
recently announced action plan is central.
(Dewsbury) (Con)
The rehabilitation of offenders is so important in reducing the
chances of them committing crime once released from prison,
especially if they can get back into work. Could the Minister
outline any schemes that help to give offenders the skills they
need, and how they can access companies that are willing to give
them a second chance in life?
My hon Friend is so right. In topical questions, I do not have
the time to start to unpack all the different things I would like
say, so I will not. Suffice it to say that brilliant companies
are providing training opportunities.
(Washington and Sunderland
West) (Lab)
I have written to the Secretary of State about the tragic case of
my young constituent Gregg McGuire. He has agreed to meet with me
and I am very grateful. Does his Department have any plans to
reassess the current rules which mean that victims’ families are
unable to appeal sentences for those convicted of causing death
by careless driving?
I am grateful to the hon. Lady. I know she is meeting the
Secretary of State to discuss this matter and I do not want to
pre-empt that meeting. If she wishes, I am very happy to join
that meeting with her, or even to meet her separately to talk
about this issue if she feels that would be helpful.
(East Worthing and Shoreham) (Con)
Mr Speaker, you will not believe this, but it is almost six
months since I finally secured a meeting with the Justice
Minister and the Health Minister, after six cancellations, about
what happened to section 4 of my Civil Partnerships, Marriages
and Deaths (Registration etc) Act 2019, which empowers coroners
to investigate stillbirths. I was assured that the law, passed by
this House in February 2019 and with a consultation that closed
in June 2019, would be published imminently and progress would be
made, but nothing has happened. Is it ever going to happen?
Yes, it will. Both the Health Minister and I are pushing this as
fast as we possibly can.
Mr (East Londonderry)
(DUP)
The scale of the illegal drugs problem in prisons was such that
five years ago the Government introduced a programme that cost
£100 million. Has the problem got worse or improved in the time
since?
We are seeing progress. It is a combined approach of drug
recovery wings and incentivised subsidised free living, and
ensuring that security is able to stop drugs getting into prison
through things like x-ray body scanners, which we have deployed
in many prisons.
(Aylesbury) (Con)
It is perhaps unfortunate that many members of the public and
much of the media only take an interest in prisons when there is
an escape, but that is, thankfully, very rare. Will my right hon.
Friend join me in hoping to now see a calm and measured public
debate about the role of prisons, not least working out ways to
improve rehabilitation, which ultimately protects the public.
My hon. Friend is exactly right. He has a long history with this
issue since before he reached this House. It is, ultimately, all
about rehabilitation, reducing reoffending and helping to keep
the public safe.
(Edinburgh South West)
(SNP)
Over 10,000 women have signed a public letter to the Prime
Minister asking him to take action against the escalating
campaign of threats and intimidation against women who stand up
for women’s rights. Many of these women are particularly
concerned that the institutions supposed to protect them are
failing to do so, including the criminal justice system. Will the
Minister with responsibility for victims be good enough to meet
me and representatives of those who organised the letter to
discuss this important issue?
I am always happy to meet the hon. and learned Lady.
(Bromley and Chislehurst)
(Con)
The reputation of our justice system depends on the independence,
integrity and professionalism of our judges. At the end of this
month, the right hon. of Maldon will retire as Lord
Chief Justice, to be succeeded by Dame Susan Carr, who will be
the first ever female Lord Chief Justice. Will the Minister place
on the record in this House his appreciation, and all our
appreciation, of for the exceptional leadership
he has shown to the judiciary throughout his term in office?
I am grateful to my hon. Friend. I know the Lord Chief Justice
and I am very happy, on behalf of His Majesty’s Government and
all those on the Government Front Bench, to do exactly as my hon.
Friend says: to pay tribute to Lord Burnett’s exemplary period as
Lord Chief Justice.
(Liverpool, Riverside)
(Lab)
I would like to pay tribute to the campaigners who challenged
joint enterprise. As a result, the Crown Prosecution Service has
now committed to monitor who is prosecuted. I welcome the report
at the end of this month, but will the Minister commit to an
audit of all joint enterprise convictions, particularly as more
black people are disproportionately impacted?
I can commit to wait until we have seen what the work being done
by the CPS uncovers. Once we have data, we can then have a
rational discussion on the next steps.
(City of Durham) (Lab)
Is the Minister aware of the prevalence of the unfounded and
unscientific concept of parental alienation within our family
courts? It is causing suffering and, in some cases, violence
against women and girls. What steps is the Department taking to
ensure that the courts recognise the harm of this discredited
concept?
The Department is well aware of the concerns, which is why the
matter is currently under review. The results of that review,
including publication of all the data and research behind the
outcomes, will be published later this year.
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