Justice Ministers were answering questions in the Commons today.
Subjects covered included... Court Closures Community
Sentences Prison Officer Recruitment Suicide in Prisons
Victims Law Leaving the EU: UK Legal System
Service Animals Prisoner Education/Reoffending Rates
Prisoners: Mental Health...Request free trial
Justice Ministers were answering questions in the Commons today.
Subjects covered included...
To read any of these in greater detail, click on the link or see
below.
Court Closures
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1. What assessment his Department has made of the
effect of court closures on access to
justice. [904894]
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We are looking at ways to improve our justice system
and to modernise the delivery of justice in many ways,
including with technology. In circumstances where 41%
of tribunals were used at half their capacity in
2016-17, it is right that we consider whether spending
money on the physical estate is the best use of money.
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The Government like to say that they have reallocated
court services rather than closed them, but Bedford has
lost its magistrates court and employment tribunal
court, so the public and lay members must travel more
than 30 miles to access justice. Can the Minister
reassure me that family court services, which are heard
in the highly utilised Shire Hall, will remain in
Bedford indefinitely?
-
The hon. Gentleman is right in relation to the changes
taking place in Bedford to a certain extent, but I
emphasise that the closure of the tribunal court is
nothing to do with any changes being made by the
Ministry of Justice or Her Majesty’s Courts and
Tribunals Service. The tribunal service is closing
because the landlord did not extend the lease, and it
was a decision of listing, which is a judicial
capacity, to move the tribunal court’s hearings
elsewhere. Civil cases will be heard in Bedford
magistrates court, and until another location is found,
it will not close.
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Northallerton magistrates court in my constituency is
scheduled for closure. Will the Minister consider using
that court as a pilot for some of the future technology
solutions, to ensure that those are workable in
practice, before the closure is implemented?
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My hon. Friend makes a valid point, as has his
neighbour, my hon. Friend the Member for Richmond
(Yorks) (Rishi Sunak). I have met them both and the
police and crime commissioner for the area. It is
important to consider the appropriateness of pilots for
mobile technology, and we will do so.
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Thousands of key court staff were axed, but the
Government are now spending tens of millions of pounds
more on contracting agency staff. More than 100 courts
were sold off, each raising not much more than the
average house price. Now the Secretary of State has
appointed someone with a slash-and-burn record as the
new chair of the HMCTS board, telling the press that
Tim Parker’s
“expertise will be vital as we deliver our reform and
modernisation of the courts”.
To allay concerns that Mr Parker has been appointed for
his toughness on cuts, can the Minister outline the
specific expertise that Mr Parker has in working in our
court system?
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The hon. Gentleman makes a number of points that I
would like to refute, but I will mainly concentrate on
two. It is important that where successful people in
business put themselves forward for public service, we
should welcome them and not put off experienced people
from taking up important posts. Mr Parker has been
successful in the businesses that he operated and has
operated them appropriately, and we welcome him to his
post. The hon. Gentleman also talks about cuts to our
system. I would like to make it clear that the Ministry
of Justice is proposing an extensive reform programme,
which will put £1 billion into our courts service.
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Benefit applicants in Kettering tell me that they are
now having to wait a completely unacceptable 45 weeks
for tribunal appeal hearings due to a lack of a
suitable location. Will the Minister look into that as
a matter of urgency and get that problem fixed?
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It is very important that when cases are started, they
are heard expediently, so that people are not
prejudiced and do not have to wait for justice. I am
happy to meet my hon. Friend to talk about those
issues.
Community Sentences
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2. What recent assessment he has made of the
effectiveness of community sentences on reducing
reoffending rates. [904895]
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This is something the Department studied in detail in
2015, and we have conclusive evidence that giving
somebody a community sentence rather than a short
custodial sentence reduces reoffending over a one-year
period.
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We have evidence of that in Scotland as well. The
Scottish Government’s move towards community payback
orders has helped Scotland to achieve its current
18-year low in reoffending. Is the Minister looking to
the Scottish Government’s example and considering how
they have managed to achieve these figures?
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Absolutely. We have a lot to learn from Scotland,
specifically on community sentences, and indeed we will
be looking at what more we can do to emphasise that a
custodial sentence in the short term should be a final
resort. In reoffending terms, it is often much better
for somebody to be given a community sentence.
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In Cornwall, I work closely with Konnect Cornwall,
headed up by Ian Curnow, which does a lot of work on
behalf of the Government and the Department for Work
and Pensions to support ex-offenders and people who are
on the way into trouble. What more resources can be
made available so that no one is left behind?
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A lot of this is about identifying those key local
providers. The real challenge that we need to overcome,
which is true not just for justice but for local
councils, is that of making sure that when we work with
the third sector we work, not with big national
providers, but with small, grassroots local charities.
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I draw the House’s attention to the fact that I am a
life member of the Magistrates Association. In the
all-party parliamentary group on women in the penal
system, we recently heard from the Magistrates
Association that magistrates are not familiar with the
content of community penalties. That makes them
reluctant to choose such penalties. The issue, in part,
seems to be a lack of funding for training. Will the
Minister comment?
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This is a long-standing issue—it was true even in
2008-09—that consistently, the judiciary and
magistrates have expressed concerns about community
sentences. We need to do much more to build confidence,
but the fact that this has been going on for nearly 10
years shows that it is a very challenging thing to do.
Training will be an important part of that.
Prison Officer Recruitment
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3. What progress his Department is making on
recruiting 2,500 new prison officers. [904896]
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6. What progress his Department is making on
recruiting 2,500 new prison officers. [904899]
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Retaining and recruiting engaged and motivated staff is
critical to delivering the solutions to drive
improvement across the service. Between the end of
October 2016 and the end of March 2018, we have
increased prison officer numbers by 3,111 full-time
equivalent staff. This is already significantly over
our target of 2,500 additional staff by the end of
December 2018. Investing in the frontline is vital for
safety, rehabilitation and security, which is why we
are spending £100 million a year in additional prison
officers.
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I thank my right hon. Friend for that answer and
commend him for the work that he has done on
recruitment. Can he confirm when we can expect to see
the new officers on the landings?
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I can tell my hon. Friend that 90% of the 3,111 will be
on the landings by the summer, and all will be in place
and operational by the end of the year.
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I thank my right hon. Friend for his answer. Will he
update the House on the progress being made towards the
new key worker model and the impact it is having on
prison officer recruitment?
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My hon. Friend is absolutely right to raise that point.
The key worker model is crucial. It will allow prison
officers to spend more time, both on a one-to-one basis
and with small groups of prisoners, improving
staff-prisoner relationships. That can help us reduce
both violence and reoffending. Some prisons, such as
HMP Liverpool, are already running that scheme, and I
look forward to more prisons fully implementing that
over the months ahead.
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Many of Dartmoor prison’s prison officers live in
Plymouth and have told me of their concern that prison
officer cuts, inexperienced new staff and increasing
retirement ages are causing stress and concern. Can the
Minister reassure me that there is a proper plan to
address staffing and morale in our Prison Service?
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There is already a proper plan to address that point
about staffing. That is why the numbers are going up,
and that is the point I am setting out. The numbers are
at a five-year high. We are ahead of what we promised
in October 2016. I am pleased that we are doing that
and we will continue to recruit new prison officers—net
new prison officers—into the Prison Service.
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What additional training will these new officers be
given to deal with the scourge of the availability of
drugs in our prisons throughout the United Kingdom?
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The hon. Gentleman makes an important point. We are
refreshing the way that training works for prison
officers. It is very important that we deal with the
issue of drugs, which has been a real game-changer in
its effect on prisons. As we change and refresh our
training process, we need to ensure that new prison
officers have the skills they need to deal with drugs.
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The net increase in the number of prison officers is
very welcome, and I particularly welcome the Secretary
of State’s reference to a key workers scheme, but does
he agree that the mix of the workforce is important?
Successful key worker and personal officer schemes will
depend on having experienced staff, because they are
best able to develop relationships with prisoners and
deal with violence, the risk of suicide and other
issues. Will a strategy now be put in place for the
retention of existing staff, perhaps with incentives to
encourage good people to remain in the service?
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My hon. Friend is right; it is important that we not
only recruit new staff, but retain existing staff. We
are working closely with those prisons that are failing
to retain staff. It is worth pointing out that in 2017
the percentage of prison officers in bands 3 to 5 who
left the service was 9.7%—higher than we would like it,
but not particularly out of line with other employers.
Prison officers do a very valuable job, and we need to
recognise that, support them and encourage those who
have a lot to offer to continue to serve.
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I am astonished that the Secretary of State can come
here and appear somewhat triumphant. Let us be
absolutely clear: this Government cut 7,000 prisoner
officers, so there are still 4,000 fewer than there
were in 2010. When does he expect prison staff numbers
to return to 2010 levels?
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I suspect that you, Mr Speaker, would stop me if we
started a debate on the state of the public finances in
2010 and the difficult decisions that had to be taken
as a result of the situation we inherited. The reality
is that since October 2016 we have been recruiting more
prison officers, we are ahead of what we said we would
do and we are continuing to recruit prison officers.
That is really important to ensure that prisons operate
as they should.
Suicide in Prisons
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4. What recent assessment his Department has made
of trends in the level of suicide in prisons; and what
steps he is taking to reduce that
level. [904897]
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Any death from suicide in prison is a tragedy. We have
managed to reduce the number of suicides in prison—it
nearly halved between 2016 and 2017—and most of that
progress is due to a new protocol that identifies the
individual needs of prisoners and their times of
maximum vulnerability.
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How many additional staff who are trained to deal with
medical illness have been brought in?
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Nearly 15,600 of our staff have received additional
training—that is the figure produced by my colleague.
The ACCT—assessment, care in custody and
teamwork—process, which is the new protocol for suicide
reduction, focuses on the evidence for when prisoners
are most vulnerable, for example their first night in
custody, and how to ensure that we deal with them. But
we still need to reduce the number of suicides further.
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Ninety-three women have died in prisons in England and
Wales since the 2007 Corston report. When the new
female offender strategy is published, will it focus on
community alternatives to prison, especially for the
70% of women who are sentenced to six months or less?
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Absolutely. This is a common theme. We have clear
evidence that reducing the use of custodial short
sentences and instead diverting people into the
community can be good for protecting the public, by
reducing reoffending, but it is also very good for
mental health and for reducing suicide.
Victims Law
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5. What his policy is on introducing a victims
law. [904898]
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Supporting victims of crime is a priority for the
Government and we have made a commitment to publish a
victims strategy by this summer. The strategy will set
out our cross-Government approach to make fundamental
improvements for victims. It will also consider how
compliance with the entitlements in the victims code
might be improved and better monitored, and how
criminal justice agencies responsible for the delivery
of entitlements might be better held to account.
-
The Minister has promised us a strategy by the summer,
but a victims law was offered in the 2015 Conservative
manifesto and included in the following Queen’s Speech
and reiterated in the 2017 general election. When will
this long-promised law finally see the light of day?
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We are considering both legislative and non-legislative
measures. If any legislation is required to underpin
the victims code, we will bring it forward when
parliamentary time allows.
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With respect to victims of domestic abuse, will the
Minister consider women who are not eligible for legal
aid to help with their divorce after domestic abuse,
including women who currently fail the means test due
to their having a share in a valuable family home? Will
he meet me to discuss the problems that such women face
in paying for basic legal advice?
-
I thank the right hon. Gentleman for the question. Yes,
he has a point with regard to the funding of domestic
abuse cases from legal aid. My ministerial colleagues
are fully aware of this issue, and I am more than happy
to meet him.
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Mr Speaker,
“Why should victims always have to be fighting their
corner? That’s why we need a victims’ law.”
They are not my words, but the words of the
Government’s Victims’ Commissioner. Can we be clear:
will she and all the other people who are calling for
it get a victims law?
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My intention in the strategy is to outline the
legislative requirements needed to underpin the victims
code. By definition, that is a victims law.
Leaving the EU: UK Legal System
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7. What steps the Government are taking to ensure
that the UK legal system continues to operate
effectively after the UK leaves the
EU. [904900]
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First, I congratulate my hon. Friend on his impressive
marathon run at the weekend.
We have agreed an implementation period that will give
businesses and individuals legal certainty. We are now
concentrating on ensuring that we negotiate the right
future for our country, including a deal to ensure that
there is mutual enforcement of recognition of judgments
in the justice sector.
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I thank the Minister for her response. I am very
pleased not to have to bob this week, I can tell you,
Mr Speaker.
Scotland is proud to have its own ancient and distinct
legal system. Brexit will present the most significant
challenge to that since the creation of the Scottish
Parliament. It is therefore vital that we get it right.
Will the Minister reassure me that, at her Department’s
heart, it will ensure that Scots law continues to
flourish post Brexit, respecting the distinct nature of
Scots law and preventing legal confusion and chaos?
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My hon. Friend is right to identify that Scotland has a
distinct legal system that should be respected. It is
important that we engage fully with the devolved
Administrations to ensure that we get the best and the
right deal throughout the United Kingdom. The Secretary
of State will be speaking this afternoon to the
Scottish Justice Minister and my officials speak
regularly with their counterparts in Scotland to ensure
that we will get the best deal for the UK.
-
Given the uncertainty surrounding Brexit, it is
important that the Government do not add to the worries
of businesses, especially those that would otherwise be
in a position to invest and grow. Will the Secretary of
State end the uncertainty in the credit market and
release the response to part 2 of the soft tissue
injury claims process consultation immediately?
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The hon. Lady raises an interesting issue that I am
happy to look into. More generally, legal certainty is
incredibly important, which is why it is so good that
we have agreed the implementation period, which gives
us a period of certainty.
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Has the Minister made any assessment in the Department
of the beneficial changes that can follow from our
legislative framework here in the UK, once we are
finally unencumbered by the EU?
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The hon. Gentleman is right that, after we have left
the EU, we will be able to determine our laws, which
will benefit our country in the way that we decide.
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At the moment, there are two British judges on the
European Court of Justice: one from the English legal
tradition and one from the Scottish legal tradition.
During the transition period, the domestic legal
systems of the United Kingdom will continue to be
subject to the full force of the jurisdiction of the
European Court of Justice, whether in relation to
litigation between private individuals or enforcement
against the United Kingdom. Why, then, have the UK
Government agreed to article 6 of the draft withdrawal
agreement?
-
The judges at the ECJ make a very valuable contribution
to our jurisprudence and to the rights of individual
citizens. It is worth pointing out that once someone is
appointed as a judge of the ECJ, they are not a
representative of their country; they are an individual
determining cases that come before them, without any
partisanship towards their country. Indeed, if we had a
British case before the Court, there would be no saying
whether it would come before an English judge or any
other judge.
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One of the things that means the European Court of
Justice is not a foreign court is the presence of
British judges on it, but article 6 of the draft
withdrawal agreement, which appears to have been
agreed, provides that there will be no British judges
on the Court of Justice during the transition period.
Effectively, they are getting the sack at the end of
next March, despite the Court’s continued jurisdiction
over the United Kingdom. Does the Minister accept that,
as a rule of law issue, it is concerning that there
will be no Scottish judge and no English judge on the
Court of Justice during the transition period, despite
the fact that these countries will continue to be
subject to the Court of Justice? Will she persuade the
Prime Minister and the Secretary of State for Exiting
the European Union to revisit this issue in the
negotiations to come, so that there will be British
judges on the Court of Justice during the transition
period?
-
As I mentioned, once the judges are appointed, they act
independently of their country, so if we respect the
judgments and the integrity of the other judges who are
there already, we should be satisfied that we will get
justice.
Service Animals
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8. What recent discussions he has had with Cabinet
colleagues on the potential merits of creating a
specific offence of attacking service
animals. [904901]
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My hon. Friend, along with my right hon. and learned
Friend the Member for North East Hertfordshire (Sir
Oliver Heald) and the right hon. Member for Delyn
(David Hanson), are campaigning strongly and tirelessly
on this issue; I was very pleased to meet them on 17
April. I am not aware of any specific conversations
that the Secretary of State has had with his Cabinet
colleagues, but the Government are sympathetic to the
intention behind the Bill, although we believe that the
offence is already caught by other legislation.
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Police dog Finn from my constituency was stabbed in his
stomach with a 10-inch blade. When the offender tried
to stab his handler, police dog Finn jumped up and took
another stab wound to his head to save the handler. If
the handler had not been given a little scratch to his
hand, the offender could not have been sent to prison,
because the current legislation does not work. The
Service Animals (Offences) Bill, which is promoted by
my right hon. and learned Friend the Member for North
East Hertfordshire (Sir Oliver Heald), has its Second
Reading this Friday. I am grateful to the Minister for
the meeting that she had with me, but will she support
the Bill on Friday because it can make progress only
with Government support?
-
I am aware of the case and I was very pleased to
discuss it. Police dog Finn did a remarkable thing, and
I know that he has been recognised for his work. The
Government are looking at the issue.
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But will the Minister support the Bill on Friday?
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As the right hon. Gentleman knows, the Bill is in the
hands of the Department for Environment, Food and Rural
Affairs, and it will respond.
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May I update my hon. and learned Friend? Some 34 out of
the 41 police commissioners in this country support the
Service Animals (Offences) Bill, and lawyers up and
down the country, including Sarah Dixon, who runs the
Finn’s law campaign, have identified a gap in the law.
Is it not time that the Government backed my Bill?
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I am grateful for a third opportunity to address this
issue and to speak again—this is the third time that I
have heard my right hon. and learned Friend express his
support for the Bill in the Chamber. As I have said,
the Government are looking at this issue, and the
matter is primarily for DEFRA.
-
In so far as the right hon. and learned Member for
North East Hertfordshire (Sir Oliver Heald) seeks my
advice, and he might not do so, my advice to him, to
put it bluntly, is to follow Churchill’s adage:
KBO—keep buggering on at all times. Just keep going,
man!
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I congratulate hon. Members for their work in this
area. As an animal rights campaigner, I think it is
simply wrong that criminal damage is the highest charge
that can be brought to punish someone who attacks a
service animal. What are the Government doing to change
the legal oversight, to protect our brave service
animals, and to ensure that those who attack and injure
service animals are subject to the full weight of the
law?
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My hon. Friend raises a technical point about the
offences that are available. In fact, there are two:
criminal damage; and an offence under animal welfare
legislation. Both attract a penalty of up to six months
and, as she may be aware, DEFRA has identified that it
is looking to increase the sentence to five years.
Prisoner Education/Reoffending Rates
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9. What steps he is taking to ensure that
prisoners can obtain education and skills while in
prison in order to reduce reoffending
rates. [904902]
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To address education in prison, Dame Sally Coates’s
report makes three key recommendations: first, to carry
out an individual survey of a prisoner’s educational
needs when they enter prison; secondly, to make sure
that governors have more control over education
provision to reflect the needs of the prison or local
area; and, thirdly, to make sure that English and maths
are a core part of that curriculum.
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A 2017 report said that the quality of education in
English and Welsh prisons was generally good, but it
found that poor attendance and punctuality of prisoners
often went unchallenged and that the process of moving
prisoners to learning, skills and work activities from
the wings was often ineffective and poorly managed.
What is being done to address those problems?
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It is absolutely right that there is no point having
good educational provision if prisoners are not getting
to the classrooms. Fundamentally we need to do two
things: first, make sure that prisoners are moved
reliably and predictably from their cells into the
classrooms; and, secondly, make sure that the
educational provision in the classrooms is sufficiently
attractive for the prisoners to engage.
-
I apologise for being late, Mr Speaker, but I was at
the unveiling of the first statue of a woman in
Parliament Square.
May we have an evaluation of how far we have got? Some
years ago, when I was Chair of the Education Committee,
we looked at skills training in prisons, but I do not
think that much has happened since then, particularly
for people on the special educational needs spectrum,
and especially those with autism.
-
There has been a significant improvement in the Ofsted
reports, but the hon. Gentleman is absolutely right
that people with special educational needs, in
particular, and the more than 50% of prisoners who have
previously been excluded from school or have literacy
challenges remain a big issue for education in prisons.
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Does the Minister agree that one of the keys to
reducing reoffending rates is ensuring that skilled
probation officers have manageable case loads so that
they can give enough time and energy to each individual
in their care?
-
Absolutely. It is particularly important that there can
be flexibility so that there can be a higher ratio of
probation officers to high-risk cases than for low-risk
cases.
-
It is right, of course, that prisoners must turn up,
but when I visited Deerbolt prison in my constituency,
the governor said that the contractor, Novus, was
extremely unreliable. What is the Minister doing to
respond to the report by ensuring that as contracts are
rolled over, control of them is decentralised to the
prison?
-
This is a central issue about which governors get very
frustrated. Over the next 12 months, the hon. Lady will
discover that we are putting governors in charge of
that provision so that they can put pressure on the
provider within the prison and ensure that it meets
their needs.
Prisoners: Mental Health
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10. What steps his Department is taking to improve
mental health support for prisoners. [904903]
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We are committed to improving the provision of and
access to mental health services for those in the
justice system. We continue to roll out the keyworker
role across the closed male estate so that all
prisoners will have a named officer to provide them
with dedicated support during their sentence. As the
Minister of State, Ministry of Justice, my hon. Friend
the Member for Penrith and The Border (Rory Stewart),
said earlier, 14,600 prison staff have now completed at
least one module of this training.
-
Figures show that, in March 2017, 75% of prisoners in
England and Wales with serious mental health problems
experienced significant delays in their transfer to
hospital for treatment. Last month, an independent
review of mental health assessment reported delays to
transfer, with one of the reasons being the delay by
the Ministry of Justice in sanctioning transfers. Given
the pressure on those suffering poor mental health,
surely this is important enough to require swifter
action. What steps is the Minister taking to address
the problem?
-
I became responsible last September for the unit in the
Ministry of Justice that authorises the transfer of
patients from the criminal justice system into secure
accommodation. We have had some internal difficulties,
which I inherited, with the staffing of the unit, but
things are improving. I get a weekly update on the
number of people in the system who need to be
transferred. I am under no illusions about the need to
expedite those transfers, and I am in weekly contact
with the Department of Health and Social Care about the
need to assess the capacity at low, medium and
high-security levels in the secure accommodation
network.
Probation Services: Reoffending Rates
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11. What assessment he has made of reoffending
rates since the part-privatisation of probation
services. [904904]
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18. What assessment he has made of reoffending
rates since the part-privatisation of probation
services. [904911]
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While the frequency of reoffending—in other words, the
number of offences committed by prolific offenders—has
risen since 2009, the base rate, or the number of
people reoffending, has dropped by two percentage
points since the introduction of community
rehabilitation contracts.
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In 2015, the Government commissioned two important
reviews: the Dame Sally Coates review of education in
prisons, which was mentioned earlier; and the Charlie
Taylor review of the youth justice system. Both reviews
highlighted basic failures in the current system and
made important recommendations. Will the Minister tell
me how many of those recommendations have been
implemented?
-
My focus has been on the Dame Sally Coates review;
youth justice is dealt with by the Under-Secretary of
State for Justice, my hon. Friend the Member for
Bracknell (Dr Lee). The Dame Sally Coates review is
driving the entire education transformation over the
next 12 months, particularly in respect of the three
indicators that I mentioned earlier, including the
assessment of prisoners and coming up with a plan. I
shall have to reply in writing to the hon. Lady’s
question about exactly how many recommendations have
been implemented.
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The joint report of the inspectorates of probation and
of prisons stated that if the key functions of
community rehabilitation companies
“were removed tomorrow…the impact…would be negligible.”
So what exactly are we paying for?
-
I must respectfully disagree with that. As I have said,
the base rate of reoffending has dropped by two
percentage points, which is actually quite significant,
as the rate was flat for nearly 40 years before that.
It would be very dangerous indeed to remove the
community rehabilitation companies, which are looking
after 40,000 people who were previously under very
short periods of supervision, and nearly 100,000 extra
people who would be dangerous to the community if not
properly monitored.
Upskirting
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12. What his policy is on creating a specific
sexual offence of upskirting. [904905]
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22. What his policy is on creating a specific
sexual offence of upskirting. [904918]
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I share the outrage at the distress that this intrusive
behaviour can cause to victims, and I am determined to
ensure that they can be confident that their complaints
will be taken seriously. I am sympathetic to calls for
a change in the law, and my officials are reviewing the
current law to make sure that it is fit for purpose. As
part of that work, we are considering the private
Member’s Bill that is being promoted by the hon. Member
for Bath (Wera Hobhouse).
-
It is appropriate on this day to refer yet again to the
statue of Millicent Fawcett, and I shall channel my
inner Millicent Fawcett by asking the Secretary of
State this question. Nearly 100,000 members of the
public have signed a petition calling for upskirting to
be made a specific sexual offence, and MPs from all the
major parties have signed an early-day motion that
makes the same call, so why is the Secretary of State
still refusing to act? We really need to ensure that
our law reflects that of Scotland, where provisions on
upskirting have been incorporated in the Sexual
Offences (Scotland) Act 2009.
-
Let me also acknowledge the unveiling of the Millicent
Fawcett statue.
As I have said, I am sympathetic to the idea of our
taking action in this regard. There are instances in
which people have been successfully prosecuted for
upskirting in the context of outraging public decency,
and voyeurism can also apply under the Sexual Offences
Act 2003. However, those offences do not necessarily
cover every instance of upskirting, which is why there
is a strong case for looking at the law and considering
whether we need to change it.
-
I, too, am using my inner Millicent Fawcett courage to
raise this issue. In Scotland, the offences of
upskirting and downblousing are covered by the 2009
Act. Surely the Secretary of State accepts that the
same could be done in this country.
-
We are looking very closely at the Scottish legislation
and experience. It is true that a very small number of
prosecutions have been brought under that legislation.
I want to reassure people that successful prosecutions
have been brought in England under the existing law,
but I think that there is a case for making sure that
we have legislation that deals with this offence
specifically.
-
I think that we all receive correspondence about this
regularly. As other Members have done, may I encourage
the Secretary of State to look at what has been done in
Scotland, where we have shown leadership? The House is
clear about the need for action—the will is there, so
we must act.
-
We are looking very closely at how the Scottish
legislation has operated to establish whether, if there
is a gap, that represents a way in which we can address
the matter.
Prison Capacity: South-west
-
13. What assessment he has made of the adequacy of
prison capacity in the south-west. [904906]
-
In Devon and Cornwall, as in my own constituency in
Cumbria, the number of offenders is fortunately quite
small in absolute terms, which means that provision is
at Exeter and Dartmoor.
-
The Minister will know that Dartmoor Prison is
earmarked for closure, after notice was served on its
lease back in 2013. The prison is an asset to the
south-west and employs a number of my constituents. My
hon. and learned Friend the Member for Torridge and
West Devon (Mr Cox) is also keen and eager for the
prison to remain open. Will the Minister review the
decision and look at what more can be done to keep that
facility open?
-
The decision to close the prison was based on the fact
that it was built in 1805 and there are significant
maintenance issues, with a great deal of damp and
leaking. However, we pay tribute to the governor and
the prison officers for running a very good prison
regime that is popular with the prisoners, which is one
thing that we will have to balance when making the
final decision on the prison.
Courts: Physical Access
-
14. What discussions he has had with HM Courts
& Tribunals Service on improving physical access to
courts and tribunals for people with
disabilities. [904907]
-
I regularly meet HMCTS to discuss the court estate. It
regularly reviews the estate and has monitoring systems
in place to ensure that there is appropriate physical
access for disabled people and, when appropriate, to
identify gaps and make improvements.
-
If there is monitoring, the Minister will be aware that
the North Staffordshire combined justice centre, which
is where my constituents from Stoke-on-Trent are sent
for personal independence payment appeals, has small
steps and insufficient parking, and on one occasion a
gentleman was asked to remove a piece of life-saving
equipment so that it could be scanned by security
before he entered the building. Is the Minister willing
to meet Pam Bryan and John Beech from the
Stoke-on-Trent and Newcastle disability network so that
we can look at how the site can be made fit for
purpose?
-
The hon. Gentleman is right: I am aware of that. The
charity he mentions—the Stoke-on-Trent Area Network for
Disability—made a complaint, and HMCTS had a meeting on
5 April to discuss the issue. It is looking at the
feasibility of implementing the suggestions that were
made, such as putting in place automatic doors, signage
and improvements to the waiting area, but I would be
very happy to meet the hon. Gentleman and his
constituents to discuss them.
-
Access to courts for people with disabilities will not
be improved by closing courts. It turns out from the
response to a written question I recently tabled that
this year no Minister has visited any of the courts
that are due for closure. May I implore the Minister to
come to Cambridge and talk to people with disabilities
to see the impact that the Government’s plans will
have?
-
I am always happy to meet people who use the courts
service around the country. We are improving access in
a number of ways, including by ensuring not only that
we have court buildings, but that disabled people can
take advantage of the ability to give evidence by video
link so that they do not have to go to a court at all.
Family Justice System
-
15. What plans he has to review the family justice
system. [904908]
-
I was pleased to meet my hon. Friend in March to
discuss issues related to the family justice system,
which he cares deeply about. It is important that every
child has a stable home, and we need to look across the
justice system to ensure that it delivers the right
outcomes for vulnerable children and their families.
-
I was grateful for the meeting with the Minister. Does
she agree with Baroness Shackleton that fault-based
divorce produces uncertainty that creates an industry
for lawyers and a jungle for the layman? Is it not high
time for an overhaul of the whole family law system to
address that and many other issues to do with couples’
rights before, after and without marriage?
-
My hon. Friend makes a powerful point about no-fault
divorces, as he has previously. When there is conflict
within a family, it is important to reduce that
conflict in the interests of not only the parents but
the children. I can confirm that we are looking
actively at the issue.
-
Our family courts are in crisis. The Ministry of
Justice’s own figures show that since the removal of
legal aid from the family courts, two thirds of
litigants represent themselves and have no access to
lawyers. They have to deal with the incredibly complex
issues that arise in the family courts. Will the
Minister confirm whether, as part of the review of the
family justice system, the Lord Chancellor will
re-establish early legal aid in such cases, which we
have promised?
-
The hon. Lady makes an important point. Family justice
is important, because issues for children start by
having a stable home and a strong family. She will know
that, as part of the LASPO reviews, we will be looking
at the issues she raises. I should also say that we
have an online pilot at the moment relating to divorce,
and it has been incredibly successful. It used to be
the case that 40% of paper applications for a divorce
were sent back owing to incorrect filings. That number
is now down to 0.8%.
Domestic Abuse
-
16. What steps he is taking with Cabinet
colleagues to provide a more efficient and accountable
criminal justice system for victims of domestic
abuse. [904909]
-
Since 2010, the Government have made tackling domestic
abuse an absolute priority. Last month, the Prime
Minister launched the violence against women and girls
strategy at No. 10, and following on from that I
attended the first roadshow event, at Edgbaston cricket
ground in Birmingham, to meet victims of domestic abuse
and campaigners.
-
Safer Places is a remarkable and extraordinary domestic
violence charity in my constituency. It has highlighted
the problem of the delay between domestic violence
incidents being reported and finally getting to court.
What are the Government doing to reduce the time
between the incidents being reported and getting to
court, so that the perpetrators of this evil abuse can
be brought to trial more quickly?
-
The police response to domestic abuse has improved in
recent years, and action has been taken to address the
inspector of constabulary’s recommendation that
domestic abuse should be a force-wide priority. The
police are referring over 19,000 more cases to the
Crown Prosecution Service than they were in 2010. In
the courts, the listing of cases is a judicial
function, and they have a responsibility to ensure that
all cases are heard by an appropriate judge with the
minimum of delay.
Birmingham Pub Bombings: Legal Aid
-
17. What recent representations he has received on
legal aid for families of the victims of the 1974
Birmingham pub bombings. [904910]
-
We have had a number of representations about this
issue, many from the hon. Gentleman himself. I took
part in the Westminster Hall debate on the subject, and
I was pleased to have the opportunity to hear from him
and many other Members. The Secretary of State also met
the family of a victim recently. I understand that the
recent decisions of the Legal Aid Agency are
frustrating for the families, but the hon. Gentleman
knows that I am unable to intervene in individual
cases.
-
As public funding has been made available to the
coroner to appeal the judgment of the High Court on the
naming of suspects in relation to the Birmingham pub
bombings inquests, should not parity of representation
be made available to the families of the victims of
those bombings, to defend that same High Court
judgment? If legal aid is not available to the
families, why does the Minister not make funding
directly available, following the example of the
Hillsborough inquests?
-
The hon. Gentleman makes a powerful point. This is a
tragedy for all those concerned. He knows that the
families have legal aid in relation to the inquest.
Legislation on legal aid for judicial review and for
inquests is different.
Prison Plans: Port Talbot
-
19. What plans he has to construct a prison in
Port Talbot. [904914]
-
I should like to pay tribute to the hon. Gentleman for
his amazingly assiduous campaign. He asked exactly the
same question, with exactly the same words, at the last
Justice questions, since when I have met him another
half dozen times. We have had a good meeting with his
constituents, and I am now aware of their individual
and general concerns. However, we need prison places in
Wales.
-
The hon. Member for Aberavon (Stephen Kinnock) is
further evidence of the KBO principle. The Minister
said what he said non-pejoratively, but I simply make
the innocent and prosaic, but valid, point that
repetition is not a novel phenomenon in the House of
Commons.
-
Repetition can be a form of flattery, Mr Speaker. I
should like to thank the Minister for meeting me and
the representatives of the NPT Prison Group for a
constructive discussion, and for agreeing to put plans
for the Baglan prison on hold. I am sure he will also
have noted the decision of the Welsh Government to put
all plans on hold pending a strategic review. Can he
assure me that all plans for the Baglan prison are well
and truly on hold, and that the UK Government will
engage in a constructive and positive manner with the
Welsh Government in the strategic review?
-
I hope the hon. Gentleman feels that we are engaged in
a constructive and positive manner and that we have
very much taken on board the concerns around that site,
but it is important to bear in mind that more than
1,500 prisoners with Welsh addresses are currently
being held in English prisons. We need to think about
how to provide accommodation for them in Wales, because
that is important for reducing reoffending, resettling
them in their communities and keeping the links with
their families.
-
Given the overwhelming evidence that smaller local
prisons, where family links and the Welsh language can
be maintained, are far more effective at reducing
reoffending, why is the Secretary of State still
proposing super prisons in south Wales when they are
known not to work?
-
There are of course reasons why larger modern prisons
are favoured, and that is partly about how we can
manage things at scale. However, if there are
communities in Wales that would like to come forward
with proposals for smaller local prisons, I would
absolutely agree that there is a strong argument for
keeping prisoners closer to their homes.
Prisons: Drug Smuggling
-
20. What steps the Government are taking to
prevent the smuggling of drugs into
prisons. [904915]
-
We have invested in improving security through the use
of body searches and metal-detecting technology in
every prison. We are also trialling new X-ray body
scanners to reveal more hidden items. We have invested
£3 million to establish national and regional
intelligence units in Her Majesty’s Prison and
Probation Service which, with prisons, probation and
law enforcement partners, are building intelligence
about the highest-risk offenders.
-
I thank the Secretary of State for his answer. My local
newspaper, Clacton Gazette, recently ran a story about
the use of drones to deliver drugs into prisons. Short
of shooting the damn things down, what is the
Department going to do about that?
-
I thank my hon. Friend for his question and his
suggestion. We are taking decisive steps to tackle
drones bringing contraband into prisons. Under
Operation Trenton, Prison Service and police
investigators intercept drones and track down the
criminals behind them. There have been at least 32
convictions to date, with those sentenced serving in
total more than 100 years in prison.
Topical Questions
-
T1. If he will make a statement on his departmental
responsibilities. [904919]
-
I am delighted to announce that we have met and exceeded
our October 2016 target of recruiting an additional 2,500
prison officers, with 3,101 full-time equivalent staff
joining the prison workforce seven months ahead of
schedule, 90% of whom will be on the landings by the
summer. Prison officers are some of our finest public
servants, and I am happy to see individuals seeking out a
career in our Prison Service. Along with the rest of the
workforce, those bright new recruits will ensure that
prisons are safe and decent, tackle the unacceptable
levels of drugs in prisons and cut the rate of
reoffending.
-
Will the Secretary of State outline what steps are being
taken to secure employment opportunities for prisoners?
-
My hon. Friend is right to raise that. One of the best
ways in which we can reduce reoffending is by increasing
employment, which is why we have the New Futures Network
coming in. I am keen to focus on ensuring that we provide
employment opportunities to prisoners as much as
possible.
-
The Windrush scandal is one of the cruellest examples of
unaccountable state power targeting the vulnerable,
defenceless and innocent that I can remember. Senior
figures describe our immigration law as complex and
unintelligible to everyone but working specialists, so I
was disappointed to hear the Home Secretary say yesterday
that people affected by the Windrush scandal will have
“no need for lawyers”. I am sure that the Justice
Secretary will understand why those words will not do, so
will he guarantee today that all those who have been put
into this situation will have access to the necessary
legal advice to help them when they need it most?
-
The Home Secretary set out a comprehensive plan yesterday
for how we will make the process much easier for those
who have been affected. For example, those who have
retired to another country will be able to obtain British
citizenship much more easily to allow them to come here
without great difficulties involving visas and so on. The
Home Secretary also set out how we are going to put in
place arrangements to ensure that there is compensation
for those who deserve it.
-
The Government’s reckless approach to our justice system
means that criminal barristers have now been forced into
co-ordinated action and are refusing to take up legal aid
work due to changes to the advocates’ graduated fee
scheme. Against all convention, the Government have
denied parliamentary time to debate that properly. The
Criminal Bar Association made a formal request that the
Ministry of Justice delay, withdraw, amend or reconsider
the implementation of the statutory instrument. If the
Government will not listen to the views of
parliamentarians, will they at least listen to
barristers, put the new scheme on hold and set about
fixing it?
-
On parliamentary time, my understanding is that we are
waiting for information from the Labour party. On the
substance of the issue, let us remember that reforms to
the AGFS were worked out with the Bar Council and the
Criminal Bar Association. The reforms are necessary to
ensure that legal aid funds are distributed in an
appropriate way, and that is why the reforms are being
made.
-
T3. In the spirit of your advice, Mr Speaker, can
the Secretary of State confirm whether or not the
Ministry of Justice will object to the Second Reading of
the Service Animals (Offences) Bill on
Friday? [904921]
-
As the Under-Secretary of State for Justice, my hon. and
learned Friend the Member for South East Cambridgeshire
(Lucy Frazer) pointed out, the Department for
Environment, Food and Rural Affairs leads on this matter.
The Government continue to look at this issue.
-
T2. Another week, another inquest into the death of
a prisoner at HMP Nottingham. Three months on from the
prison being declared fundamentally unsafe, what update
can Ministers give us on the progress of the recovery
plan and on the prison’s ongoing
safety? [904920]
-
As the hon. Gentleman will be aware, there has been an
urgent notification process. We have put a plan in place.
I have now visited HMP Nottingham, and I pay tribute to
Tom Wheatley, the governor, for the work he is doing. He
has a much better care process in place, and he has
highly trained staff. We expect to see improvements soon
at HMP Nottingham.
-
T5. In Suffolk there is a growing problem in finding
justices of the peace to chair family panels, which can
be complex work in which experience and local knowledge
are vital. Will the Lord Chancellor give consideration to
resolving the problem in the short term by extending the
retirement age for magistrates? [904923]
-
My hon. Friend makes an important point about the
important role that magistrates play within our legal
justice system. The Secretary of State told the House of
Lords Constitution Committee that the judicial age in
general is being looked at in the round.
-
T4. It is me again, as I am sure the Minister is
delighted to see. The Welsh Government’s strategic review
has been mentioned. Can he advise on the timeframe for
when he will be meeting his counterpart in the Welsh
Government for these vital talks? Can he also advise on
how hon. Members on both sides of the House can get
involved in that dialogue? [904922]
-
I will be meeting the Welsh Secretary specifically on
this issue next week. We are setting up a meeting with
the Head of the Welsh Government, who of course will be
changing, and I would very much like the hon. Gentleman
to join that meeting. I reiterate that, so long as
offending rates in Wales remain as they are, although it
is laudable that the Welsh Government wish to divert
people away from prison, we currently need places for
Welsh prisoners.
-
T7. In addition to asking the Minister whether he
can confirm to the House that he has no objections to the
Service Animals (Offences) Bill, may I ask what action he
is taking to ensure that the justice system addresses
new, dangerous and increasingly abundant drugs such as
fentanyl? [904925]
-
Fentanyl is unbelievably dangerous and has contributed to
nearly 20,000 deaths a year in the United States. We have
underscored through the Crown Prosecution Service
guidance for prosecuting people. Fentanyl is a class A
drug, but 50 times more powerful than other drugs. People
need to understand that even a tiny quantity of this drug
is a serious danger to the person producing it, to the
person supplying it and, above all, to the public, and
must be prosecuted.
-
T9. Is the Minister aware of the looming crisis in
criminal duty solicitors due to the increasing age
profile? Data from the Law Society shows that in five to
10 years there could be insufficient numbers of criminal
duty solicitors in many areas. Will the Government take
action to address and protect this vital public
service? [904927]
-
I am aware of the recent document produced by the Law
Society. Of course, it is important that we have
professionals at every level, that we have a diverse
profession and that we encourage young people to join
what is an excellent profession.
-
T8. The Government are entitled to feel a little
perplexed by the Criminal Bar Association’s hostility to
the new graduated fee scheme, given the CBA’s input into
that scheme. Be that as it may, will the Minister confirm
that the MOJ is prepared to communicate with the CBA to
resolve this growing dispute? [904926]
-
My hon. Friend is right to say that in putting together
this scheme discussions went on for two years with
members of the Bar and the MOJ. They were calling for us
to implement this scheme, so that is the scheme we have
implemented. We are always willing to talk to members of
the CBA and the Bar Council. Since I have been appointed,
in the past three months, I have met the chairman of the
Bar Council twice and the chair of the CBA twice.
-
Northern Ireland has just undergone the longest rape
trial in its history, resulting in the acquittal of four
men. The Department is carrying out a major review of
that trial because of subsequent problems flowing from
it. Will the Government—the Department—make a submission
to that review, particularly looking at whether the
accused should not be named until after a verdict is
published?
-
I thank the hon. Gentleman for his question. This is a
long-standing and very sensitive issue, one my
predecessors have looked at closely. We continue to look
at it; there are arguments on both sides, and we need to
examine the cases carefully before we rush to any
judgment on this.
-
T10. My right hon. Friend will be aware that last
year a pilot project allowed television cameras into
courts to film and broadcast sentencing procedure. Will
he say what assessment he has made of that pilot and what
plans he now has to extend it further?[904928]
-
I know my right hon. Friend cares deeply about this
important matter and he has raised it with me several
times. Transparency is very important, and we are looking
at the pilot. I am happy to update him, and I am looking
forward to our meeting tomorrow with the Society of
Editors.
-
When a person spends time in custody and the CPS then
drops the case against them, as opposed to losing a case
in court, they are not entitled to compensation, even
when they have lost their home and everything. Does the
Minister agree that that is a huge injustice? Will she
say what she is doing about it?
-
The hon. Lady raises an interesting issue and I would
very much like to discuss it with her.
-
Nick Hardwick, the former head of the Parole Board, made
the case yesterday that it should be required to publish
comprehensive explanations for the decisions it takes and
that it should make public the names of the people who
are making those decisions. May I urge my right hon.
Friend to follow that advice as he undertakes his own
review?
-
My hon. Friend is right to point out that I am
undertaking my own review of that. The first step is to
address the decision of the High Court on the existence
of rule 25, which prohibits, in essence, any information
being provided on Parole Board decisions. We will do
that, but we also need to look more widely at how the
Parole Board rules work—that includes the issues of
transparency and of how the Parole Board can reconsider
cases in particular circumstances.
-
The troubled Holme House prison in my constituency has
had another damning report, this time from the
Independent Monitoring Board, which talks of a shortage
of staff, a lack of appropriate care for prisoners, a
sustained drugs problem, and more violence against staff
and between prisoners. Things do not seem to be getting
any better. Will the Minister please take an interest in
Holme House and ensure it gets the support it needs?
-
Absolutely. The central problem in Holme House is, of
course, not the age of the building—it is relatively
modern—but the drugs. So the first steps we are taking
are to get more scanners, sniffer dogs and staff in
place. It remains a very serious problem; the connection
between the drugs, the violence and the suicide in Holme
House is making it a particular area of focus for this
Department.
-
What steps are the Government taking to improve the court
experience for victims and for witnesses, because it can
be a highly stressful and intimidating environment?
-
The MOJ is taking a number of steps to improve the
position for victims and witnesses: we have introduced
the ability to give evidence through video link, so
people can give their evidence even before the hearing,
which takes the stress out of it; and physically disabled
people can give evidence by video link in another
location. So we are trying to improve the Courts Service
experience for everybody.
-
Most people know my constituency of Liverpool, Walton as
the home of two premier league football clubs, but I
think the Minister knows it better for the two prisons:
HMP Liverpool, which was built in 1855, and Altcourse,
which was built in 1997. Will he update the House on
progress in the redevelopment of HMP Liverpool, and does
he think that these Victorian prisons can ever be fit for
purpose?
-
Unfortunately, as the hon. Member for Stockton North
(Alex Cunningham) implied in his question, the age of a
prison is not always the determining factor. We have
significant challenges in relatively modern prisons. It
is true in Liverpool that Altcourse has been performing
better, and it is the newer prison. In Liverpool, we have
provided a new multimillion pound fund for the repair of
the windows across the estate, and we are looking at
improving the conditions right across the estate.
Stafford and Dartmoor show that it is possible to run
good prisons in older, Victorian buildings.
-
I am grateful to the prisons Minister for meeting me
recently to discuss the Farmer review, and I welcome his
commitment to it. Will he update the House on the
implementation of the Farmer review?
-
The Farmer review focused on the importance of families
in rehabilitation. Prisoners’ links with families are
central to reducing reoffending, and we have very strong
evidence that when family links are kept, reoffending
reduces. That means better family rooms and more family
visits. In certain cases, prisons are having a lot of
success piloting interactions between prisoners and, for
example, the teachers of their children. All that is
central, and the Farmer review is something for which we
should be hugely grateful.
-
In October last year, the Government announced that they
planned to increase the maximum penalty for death by
dangerous driving. They also said that they would create
a new offence of causing serious injury by careless
driving. Six months on, we have still not seen any
action. Will the Minister tell the House just when these
vital changes will be implemented?
-
We will be updating the House in due course.
-
A year ago, virtually to the day, the legislative
provisions of the Prisons and Courts Bill, which are
necessary to implement ’s review of civil
court structure, were lost in the Dissolution of
Parliament. These important reforms are pressing and
needed. Can the Secretary of State update us on when the
Government intend to reintroduce legislation to enable
the reforms to be progressed?
-
What I can say at this point is that I think we need to
bring forward a number of aspects of that to help to
modernise our court system. I hope to be able to make
progress on that in the coming months.
-
Next week will be the six-month anniversary of the
publication of the report by Bishop James Jones into the
experience of the Hillsborough families. The report
contains many recommendations that relate to the work of
the Ministry of Justice. Will the Secretary of State
explain when we will see action from the Government on
those recommendations?
-
The position in relation to inquests and legal aid
funding, as the hon. Lady may or may not know, is running
alongside our legal aid review. I hope to be able to
assure her that those matters are being looked at.
-
One of my constituents is fighting for justice, having
suffered horrific physical and sexual abuse at Medomsley
youth detention centre in the 1970s. Will my hon. Friend
please update the House on the likely timescales for
compensation and further convictions?
-
I thank my hon. Friend for the question. The case that he
refers to is a tragedy, and I am aware of it. We are in
the middle of the independent inquiry into child sex
abuse, and the interim report is out this week. Officials
from my Department are fully engaged with that, and we
are conscious that in some institutions that the
Department is responsible for allegations have been made
that child abuse has taken place in the past. Once we
have a handle on that totally, we can start talking about
the possibility of compensation.
-
A failure to agree on arrangements in international
family law risks leaving a serious gap in the legal
framework for proceedings involving children with family
connections to the UK. Can the Secretary of State confirm
what contingency planning is being undertaken to deal
with that risk?
-
It is really important that as we leave the EU we try to
get arrangements similar to those that we have in
relation to our cross-border workings through our court
system. Family law is one of the important matters that
we need to look at. I was very encouraged to see in the
EU’s recent guidance that reciprocal arrangements in
relation to family are one area that they are
particularly interested in.
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