Justice Ministers were answering questions in the Commons. Subjects
covered included..
To read any of these in greater detail, click on the link above or
see below.
Legal Aid Access
Miss
(Derbyshire Dales) (Con)
1. What steps his Department is taking to ensure that legal aid is
accessible to people who need it. [900150]
The Parliamentary Under-Secretary of State for Justice ()
It is a pleasure to be in the Chamber, Mr Speaker, with you in
the Chair.
Access to justice is a fundamental right and the Government are
committed to ensuring that everyone can get the timely support
that they need to access the justice system. However, legal aid
is only part of the picture. We are also enhancing the support
and offer to litigants in person by providing a further £3
million of funding over the next two years to ensure that those
representing themselves in court understand the process and are
better supported through it. We are additionally investing up to
£5 million in a legal support innovation fund alongside many
other initiatives.
Miss Dines
I should declare my interest as a former legal aid barrister. One
of the first emails that I received following my successful
election as Member of Parliament for Derbyshire Dales was from a
constituent about legal aid issues. What steps is the Minister
taking to ensure that we do not waste legal aid on those who do
not need it or on poor administration and excessive charges, and
focus legal aid on provision for truly vulnerable people who
really need it?
I am grateful to my hon. Friend for her question. She brings a
huge amount of experience in family law to this place. She has
made an important point. The Government have always made it clear
that it is important that legal aid should be targeted on those
who need it most. Applicants for legal aid funding are subject to
a stringent merits test. We have begun a review of the legal aid
means test to ensure that those who need legal aid, particularly
the vulnerable, can continue to access it in future.
(Leeds East) (Lab)
Before asking my question I want to put on record the fact that
my thoughts and, I am sure, those of the whole House are with the
prison staff at HMP Whitemoor and their families after the
horrific attack last week.
Over a year ago, the UN special rapporteur said that Conservative
cuts to legal aid had
“effectively deprived”
people
of their human right to a remedy.”
Is it not the case that if the UN special rapporteur returned
today they would make exactly the same finding because the
Government have not done anything to address that? Is that
failure to respond the result of incompetence or is it simply
because they do not care?
I do not accept the accusations made by the hon. Gentleman. I
have made it absolutely clear that access to high-quality, early
legal aid can be important in supporting people in resolving
their problems at an early stage. Last year, we spent £91 million
on early legal advice through legal help, and our total spend was
£1.7 billion. We are in the process of launching a series of
pilots offering support to people with social welfare problems
such as housing. I believe in access to justice, which is a
fundamental right, and the Government are committed to ensuring
that everyone can have the timely support that they need.
What people who are denied their basic rights need from the
Government is action, not words. The UN special rapporteur said
that the cuts had “overwhelmingly affected the poor” and disabled
people. Labour is calling for the return of all legal aid-funded
early advice, which would be a lifeline for the single mother
standing up to a lousy landlord, the worker standing up to a
bullying boss, or the migrant fighting cruel Home Office
policies. Does it not say everything about whose side the
Government are on that they are deliberately preventing those
people from defending their hard-won rights?
No, I do not accept that. I go back to my earlier point: we
believe in access to justice, particularly early legal support
for those people who absolutely need it. We have pilots, and the
innovation fund is being introduced. The Government remain firmly
committed to helping those people who need early legal support
and legal advice.
Mr (Kettering) (Con)
What can be done to stop millions of pounds of public money being
spent on legal aid to support the defence of terrorist suspects
who are accused of the most heinous crimes?
I am grateful to my hon. Friend for his question. He makes a fair
point, but this is about people having access to justice when
they need it. As I said, the Government remain committed to
ensuring that people have access to justice and support when they
absolutely need it.
(Dwyfor Meirionnydd)
(PC)
In March 2018, 22-year-old Luke Morris Jones of Blaenau
Ffestiniog was the first man to die in HMP Berwyn following a
heart attack caused by psychoactive substance abuse. His family,
who in this instance did receive legal aid, remain concerned,
following his inquest last month, that electrical equipment in
cells such as kettles can be used to create the spark needed to
take Spice. Will the Minister commit to work with others in
reviewing whether electrical equipment such as kettles should be
removed from cells holding prisoners with a history of Spice
abuse as a matter of urgency?
I am grateful to the right hon. Lady for her question. Although
prisons do not fall within my portfolio, I fully understand why
she would be concerned about the issue and about the tragedy of
the gentlemen who lost his life. My hon. and learned Friend the
Minister of State would be more than happy to meet the right hon.
Lady to discuss the matter further.
(Beaconsfield) (Con)
What assurances can my hon. Friend give me that legal aid is
reaching those who need it most—not only in my constituency, but
across the UK—in order that they can access justice?
I welcome another new Member to the Chamber today for MOJ oral
questions.
We have made it very clear that we remain committed not only to
providing legal aid to those who need it, but to developing
further means of legal support including the expansion of early
legal advice to help some of the most vulnerable people in
society with social welfare problems such as housing. We are
committed to finding effective solutions, because it is often
early legal advice that makes the difference.
(Hammersmith) (Lab)
Will the Minister share with us any plans she has to reverse the
hundreds of millions of pounds of cuts to legal aid budgets under
the Legal Aid, Sentencing and Punishment of Offenders Act 2012
that have been so destructive of access to justice in this
country?
I think it is fair to say that I have been setting out some of
the action points that we are taking forward. We have had the
post-implementation review of LASPO, and are looking at various
means of legal support to help with social welfare issues. We
could not be clearer that we support legal aid and legal support
for those who need it, and we will continue to do so.
Criminal Appeals: Victims of Crime
(Dartford) (Con)
2. What recent assessment he has made of the effect of criminal
appeals procedures on victims of crime. [900151]
The Parliamentary Under-Secretary of State for Justice ()
I pay tribute to my hon. Friend the Member for Dartford
() for his tireless campaigning for victims over the
years. Partly as a consequence of his campaigning, the unduly
lenient sentence scheme was expanded in November to cover 14 more
offences, including child sexual offending, stalking and
harassment, in order to ensure that the victims of those crimes
have a right of appeal if they feel that the sentence handed down
by the judge is unduly lenient. I would urge any victim who feels
that that is the case for a qualifying sentence to avail
themselves of the ULS scheme.
Nobody has done more to widen the scope of the unduly lenient
sentence scheme than the Secretary of State. However, may I ask
the Minister to continue expanding the scheme? There is currently
no ability to appeal against ridiculously lenient sentences for
offences such as burglary, possession of a knife, actual bodily
harm, and even for rape when dealt with in a youth court. Surely
we owe it to the victims of crime to give them a right to an
appropriate sentence.
I wholly agree with the sentiment that my hon. Friend is
expressing. Let me reassure him on the question of rape
defendants in the youth court. If the judge feels that the crime
is sufficiently grave and merits a sentence of more than two
years, they can move the case to the Crown court, where it is
then eligible for the unduly lenient sentence scheme. In the past
few years, the number of referrals under the ULS scheme has
increased significantly. In 2018, 1,066 cases were referred to
the Attorney General, who passed 140 on to the Court of Appeal;
the sentence was increased in 99 of those cases. We keep the ULS
scheme under continual review and will certainly consider very
carefully my hon. Friend’s representations about its scope.
(Manchester Central)
(Lab/Co-op)
19. I welcome you to your place in the Chair, Mr Speaker. As well
as victims of crime, there are also miscarriages of justice. Can
the Minister tell us how many appeals the Criminal Cases Review
Commission has recommended should progress to appeal, and how
many cases the Court of Appeal has granted in the last two years?
Can he assure the House that, if those figures are as low as I
fear, miscarriages of justice are not being brushed under the
carpet by a legal establishment watching its own back, rather
than being open to real scrutiny? [900170]
The hon. Lady is quite right to raise that issue. I do not have
the figures she asks for immediately to hand, so perhaps I could
undertake to write to her. Let me assure her that this Government
are certainly committed to making sure that miscarriages of
justice are properly investigated, and if there is anything more
that needs to be done, she can rest assured that we will do it.
(North Wiltshire) (Con)
I very much welcome what the Minister says about procedures for
unreasonably short sentencing, but my constituent Ellie Gould was
brutally murdered by Thomas Griffiths this time last year and he
was given only a nine-year sentence, much to the outrage of the
family, and me, because he was only 17 at the time, although he
was 18 when he was tried and convicted. Surely the hurdle is too
high for referral to the Attorney General. It should be much
lower to make it easier for the courts and for the families to
seek the Attorney General’s referral to the Court of Appeal.
I believe that my right hon. and learned Friend the Lord
Chancellor is meeting my hon. Friend next week to discuss
precisely that case. Not every case referred to the Attorney
General will be referred onward to the Court of Appeal, because
obviously the Attorney General has to assess the case in the
light of statute. I know that the Lord Chancellor is looking
forward to his meeting with my hon. Friend and will be discussing
that particular, very distressing case in some detail.
Perinatal Women: Custodial Settings
(Swansea East) (Lab)
3. What plans his Department has to improve training for people
working with perinatal women in custodial settings. [900152]
The Minister of State, Ministry of Justice ()
I, too, welcome to your place, Mr Speaker.
I know that the hon. Lady is very interested in this very
important area and chaired a roundtable that a former Justice
Minister attended. It is absolutely right that pregnant women in
custody should get the care that they deserve. I hope she will be
reassured to know that there is a two-day programme that prison
officers can attend to ensure that they get the appropriate
training to deal with women in custody who are pregnant. However,
we recognise that there are more things that we can do, and
before the election was called we had already started a
fundamental review of pregnant women in custody and the operation
of our mother and baby units.
The current review of the operational guidance for the mother and
baby units is welcome, but guidance is not enough. Will the
Minister agree to meet me and the charity Birth Companions to
discuss the recommendations in its new birth charter toolkit and
the need for mandatory standards, so that prisons are scrutinised
and indeed held to account for perinatal care?
I would be happy to meet the hon. Lady, who is very experienced
in this issue. Last week I visited HMP Bronzefield where I spoke
to people on the mother and baby unit. Birth Companions operates
from that prison, but I would be very happy to meet the hon. Lady
and take advantage of her expertise.
(Kensington) (Con)
The Liberal Democrats would scrap all sentences for women apart
from the most serious offences. Does my hon. and learned Friend
agree that that creates double standards in the justice system?
We have to recognise that the treatment of women in prison, their
sentences and the treatment once they are sentenced might be
different from men and if they are victims of crime. In our
female offenders strategy, we recognise different treatment; but
of course people who commit crimes must be punished for them.
(Nottingham South)
(Lab)
I listened carefully to the Minister when she said that prison
officers can access training. Does she agree that it should be
mandatory for prison officers who are working with pregnant women
to have such training, and can she confirm what proportion of
prison officers have already accessed that training?
At least one prison officer in each establishment has already
undertaken the training, so there is specialist support, and more
women than that have done it; I would be very happy to provide
the figures in due course.
Victims of Domestic Abuse
(Cities of London and
Westminster) (Con)
4. What steps his Department is taking to support victims of
domestic abuse. [900153]
(Stroud) (Con)
22. What steps his Department is taking to support victims of
domestic abuse. [900173]
The Parliamentary Under-Secretary of State for Justice ()
We are committed to doing everything we can to end domestic
abuse. It is an appalling crime that ruins far too many lives. It
is vital that we better protect and support victims of abuse and
their children and bring more perpetrators to justice. That is
why we introduced the landmark Domestic Abuse Bill in July last
year and set out a comprehensive action plan of non-legislative
measures directed to this end. We reaffirmed our commitment to
this Bill in the Queen’s Speech on 19 December.
County lines drug gangs are involved in the largest exploitation
of our children that this country has ever witnessed. Children
from all walks of life are being groomed by these gangs. Given
that women and girls are particularly at risk of being abused and
exploited, what steps are the Government taking to ensure that
the criminal justice system is doing more to protect our women
and girls, particularly using the Modern Slavery Act 2015?
I am grateful to my hon. Friend for raising that point. I know
that she brings a huge amount of expertise in this area, which is
to be welcomed. This Government recognise the risks to girls and
young women who are exploited by these ruthless gangs. That is
why the Home Office provided £400,000 this financial year for
young people’s advocates in London, Manchester and the west
midlands, to work directly with gang-affected women and girls,
especially if they have been victims or are at risk of sexual
abuse by gangs, including county lines gangs. I can assure her
that colleagues in the Home Office are also working with the
police and the Crown Prosecution Service to take full advantage
of powers in the Modern Slavery Act.
It takes courage to leave an abusive relationship. Living in fear
of the next punch or being told that you are worthless, stupid or
cannot cope alone destroys confidence. When people find the
courage, they often turn to frontline workers and great charities
such as the Stroud Women’s Refuge. Will my hon. Friend explain
what the Department is doing to ensure that the people at the
frontline of supporting domestic violence victims are prepared to
adapt in order to assist victims as the new legislation comes in?
My hon. Friend makes some powerful points. She brings to the
Chamber experience in legal matters, particularly divorce and
family law. Our ambition is to build a society that has zero
tolerance of domestic abuse and actively empowers victims,
communities and professionals to confront it. We know that the
legislation we are introducing will need to be supported by all
those on the frontline, and we have started implementation
planning for the Bill with all those who will be affected by the
provisions.
(Sheffield, Heeley) (Lab)
The previous Government implemented an independent review of the
family courts’ treatment of domestic abuse survivors. Domestic
abuse survivors across the country will be watching with interest
to see how that review is taken forward. Will the Minister meet
me to discuss how that review can make the impact that is
necessary?
I have a very simple answer: absolutely. I know that the hon.
Lady takes an interest in that matter. We made a manifesto
commitment in this area. We are determined to improve the family
justice response to vulnerable victims and witnesses, including
victims of crime. It is worth noting that in May 2019, we
announced a public call for evidence, led by a panel of experts,
to gather evidence to help us better understand this. I look
forward to meeting her.
(Ogmore) (Lab)
There is significant evidence from domestic abuse charities and
police forces across the United Kingdom that during major
sporting events, the number of domestic abuse cases increases.
With the Six Nations in a few weeks’ time, what work is the
Minister doing with the rugby unions across the UK, from the
stadiums to television programming and working with the rugby
players themselves, to explain that domestic abuse is clearly
wrong and that there is never an excuse for it? There needs to be
more investment to tackle the causes of it, which includes these
sporting events.
The hon. Gentleman makes a very good point, highlighting the fact
that domestic abuse is out there in so many different areas, and
not always where we expect. With regard to rugby, I would need to
go away and ask a few questions, but I thank him for raising that
in the Chamber and for highlighting the importance of bringing
forward the Domestic Abuse Bill, to see an end to these abhorrent
crimes.
Sentencing Policy for Prolific Offenders
(Tonbridge and Malling)
(Con)
5. Whether his Department plans to review sentencing policy for
prolific offenders. [900154]
(Derby North) (Con)
6. Whether his Department plans to review sentencing policy for
prolific offenders. [900156]
The Lord Chancellor and Secretary of State for Justice ()
Mr Speaker, may I welcome you to the Chair? This is the first
opportunity I have had formally to do so, other than in the
ceremony of appointment.
We have already started work to overhaul our sentencing
framework. We know that prolific offenders generally have
multiple and complex needs linked to their offending behaviour,
in particular relating to drugs, alcohol and mental health. We
will be introducing new sentencing laws, including more robust
and effective community penalties.
The Lord Chancellor speaks very well on many matters of
sentencing, but one of the things that came up in the manifesto
that I would be particularly interested in hearing him speak
about is extending sentences for some of the worst offences. On
page 18 of our manifesto, as he will remember—indeed, I am sure
he wrote it—there is a call for extending child cruelty sentences
as well. I would be very grateful if he tried to introduce Tony’s
law, named after baby Tony Hudgell, who was so brutally assaulted
by his birth parents before, thank God, he found love with his
true parents, the Hudgell family.
I pay tribute to my hon. Friend for his consistent campaigning on
this issue. He will remember my own involvement in getting child
cruelty law updated to cover psychiatric and psychological harm
because, frankly, it was out of date. I would be happy to talk to
him about it. It is important to remember that there is an
interrelationship between this offence and very serious offences
of violence that tragically are inflicted on children and for
which, for example in section 18, the maximum sentence is life
imprisonment.
The average rate of reoffending in Derbyshire is 27.1%, which is
lower than the average for England and Wales, but my constituents
in Derby North are still rightly concerned about career
criminals. What plans does the Minister have to bring down
reoffending further both in Derbyshire and in England and Wales?
I welcome my hon. Friend back. We have missed her for the last
two and a half years; it is good to see her back in her place. I
pay tribute to her for her community campaigning in Derby North.
She is absolutely right to raise the issue of career criminals.
Sadly, there is a cohort of people who are very hard to reach,
which is why all options have to be open to sentencers, including
custody. But it will be part of our plans, canvassed in a White
Paper ahead of any sentencing legislation, to see what extra
programmes and measures can be taken to deal with that particular
cohort of persistent offender.
(Leeds East) (Lab)
For far too many, prison is the worst place to tackle the issue
of debt, substance abuse and mental health problems that led them
to commit crimes in the first place. Figures that I uncovered
show that nearly half of all women sent to prison were
homeless—up 70% in just four years. Many thousands are stuck in a
destructive cycle of short sentence after short sentence, which
costs a fortune, does nothing to reduce reoffending and fails to
keep the public safe. Is it not about time that the Government
face the facts and, finally, properly invest in alternatives to
prison for less serious offenders?
I reassure the hon. Gentleman that that is precisely my policy.
It is not just about being tough on crime, though public
protection is important; it is about being smart on crime as
well. Having had experience as a sentencer, the last thing we
need to do, with respect to him, is to reduce sentencing options
and prevent sentencers from imposing short sentences where
appropriate. That has to be one of the tools in the box. Frankly,
at the last election, he and his party advanced a mistaken
policy.
Unlike the Conservative party, we care about what works. The
Conservatives like to claim that they are not ideologues, but the
Government’s own evidence shows that 30,000 fewer crimes would be
committed each year if the Government properly invested in
alternatives to prison. Does the Justice Secretary accept that
his Government’s decision to chase headlines in the right-wing
press, rather than acting on the evidence, will leave people
right across our country facing higher levels of crime? Is it not
time that he acted on his own Department’s evidence and put an
end to ineffective super-short prison sentences?
It is a bit rich to be lectured about ideology and an ideological
approach by the hon. Gentleman. After nearly 20 years in practice
and now over 30 years’ experience of the criminal justice system,
the approach that I and my team will be taking will be a
multi-layered approach that will emphasise the importance of
protecting the public and making our streets safer, while at the
same time increasing the sentencing options on community orders
to deal with the drivers of less serious crimes such as drug
addiction, alcohol addiction, family relationships and
accommodation. We understand it, we absolutely get the point and
that is what we are going to be getting on with.
Mrs (Maidenhead) (Con)
One of the areas of sentencing policy that has already been
reviewed and consulted on is the whole question of death by
dangerous driving, particularly when drugs are involved, such as
in the tragic case of my constituent, Bryony Hollands. The
previous Government committed to legislate on this issue to
lengthen sentences in certain circumstances. This is not in the
Queen’s Speech. Are this Government committed to legislate and,
if so, when?
I thank my right hon. Friend for raising that point. I have met
in this place families of victims of this appalling crime and
worked with hon. Members across the House on the issue. I want to
get on with it. The commitment remains absolutely crystal clear.
I very much hope that we can have a vehicle to do that. I am
going to be doing a sentencing Bill this year; that could be one
vehicle. I want to get on with this as soon as possible. We will
have the time and the support of the Government to change the law
in the right direction.
(Rotherham) (Lab)
At the moment, there exists a loophole in the law that allows
prolific sexual offenders to groom 16 and 17-year-olds with
impunity. The independent inquiry into child sexual abuse, the
National Society for the Prevention of Cruelty to Children, the
Church of England, the Offside Trust and the all-party group on
safeguarding in faith settings are all calling on the Government
to close that loophole to protect children. Will the Minister
please meet me to explain why the Government have not acted thus
far?
Again, I pay tribute to the hon. Lady for her consistent
campaigning on these issues; we have worked together on them over
many years. I am interested in the overall issue of grooming
because it affects not only children but adults with learning
disabilities. The Law Commission is looking at this issue now,
but we cannot wait. We need to get on with change. I certainly
will meet her and talk through the issues with her at the
earliest opportunity.
(Broxtowe) (Con)
My Broxtowe constituents have raised the TV licence fee with me
and asked whether my right hon. and learned Friend has plans to
decriminalise non-payment of the licence fee and whether he has
made any assessment of how that might impact the volume of cases
brought before the magistrates.
May I welcome my hon. Friend to this House? He and I have known
each other for a number of years and have campaigned together,
and he will make an outstanding advocate for the people of
Broxtowe. With regard to the issue of television licences, we
believe that there is a case to examine decriminalisation. About
one in 12 cases in the magistrates courts are taken up with
television licence default. We want to consult on the matter,
take evidence and see whether there is a better way forward.
Staffing at Courts: Access to Justice
(City of Chester)
(Lab)
7. What assessment he has made of the effect of trends in the
level of staffing at courts on access to justice. [900157]
The Parliamentary Under-Secretary of State for Justice ()
The hon. Member will be aware that the court system is in the
middle of a reform programme, whose objectives are to make it
more efficient, of course, but also to improve the user
experience and access to justice. Despite the intended and
planned reduction in Her Majesty’s Courts and Tribunals Service
headcount, I believe that access to justice has been maintained,
not least through the very widespread use now of online platforms
to access justice, such as issuing and replying to civil money
claims online, entering and replying to minor pleas online, and
online probate applications and uncontested divorce cases. So I
am satisfied that access to justice is being maintained
throughout the court reform process.
That reform programme, which I read as court closures, is
creating delays, but there are further delays in respect of the
administrative staff who are supporting the courts: for example,
I am told that in Chester and other courts CPS court caseworkers
are now having to manage maybe three cases at once, with all the
resultant delays that that brings about. So will the Minister
look at the levels of administrative and support staff working
behind the scenes to keep these things moving, because at the
moment we are having delays of up to two years in Chester?
I thank the hon. Gentleman for his follow-up question. Questions
concerning CPS staff levels are a matter for the Attorney
General, but I can tell him that substantially larger amounts of
money are going into the CPS—£85 million is going in over two
years—to hire more staff. Also, innovations such as the common
platform—the online system for handling criminal cases—will start
to be rolled out very shortly, by which I mean in the next few
weeks. So besides putting more money into the CPS, we are using
the online system to make the staff working there more effective
and efficient.
(Bolton South East)
(Lab)
May I welcome you to the Chair, Mr Speaker, not just as a
neighbouring constituency MP, but as a man who is making Chorley
very famous? Normally, it is famous for the Frederick’s ice cream
parlour, but with you becoming the Speaker Chorley is now even
more well known.
The fire sale of our courts and deep cuts to our justice system
have created a perfect storm as courts are left sitting empty
even while sitting days are cut. The Government’s own statistics
show that on average serious cases in the Crown court are taking
133 days longer to move from the offence to completion than in
2010, leaving victims waiting months and months more for their
day in court. That is not good enough. Will the Minister commit
to providing proper investment in courts and court staff and
promise to end the reckless closure programme?
I had not heard of the fame of the Chorley ice cream parlour, but
perhaps I should add it to my list of recess destinations.
[Interruption.] The Lord Chancellor says he is going to come
along as well.
On the question of Crown courts sitting, we need to bear in mind
that, as reported by the crime survey, the most reliable measure
of criminal offending, over the past nine years there has been a
significant reduction in the total number of criminal offences,
from about 9.5 million offences in 2010 to about 6.5 million
offences today. That is a very welcome 30% reduction under this
Conservative Government, so of course, bearing in mind the
reduction in the number of criminal offences, one would expect to
have fewer sitting days. However, we keep the question of Crown
court sitting days under continual review. Just a few weeks ago,
my right hon. and learned Friend the Lord Chancellor increased
the number of Crown court sitting days in this current financial
year by 700 to ensure that we keep working through the
outstanding case load. The outstanding case load is at its lowest
level since 2001. We will of course keep the question of Crown
court sitting days under review for the next financial year—the
one starting in a few weeks— and, if necessary, we will of course
increase Crown court sitting days.
Constitution, Democracy and Rights Commission
(Canterbury) (Lab)
8. What discussions he has had with Cabinet colleagues on the
criteria for determining the composition of the Constitution,
Democracy and Rights Commission. [900158]
(Rutherglen and Hamilton
West) (SNP)
18. What discussions he has had with Cabinet colleagues on the
appointment of a Constitution, Democracy and Rights Commission.
[900169]
(Linlithgow and East Falkirk)
(SNP)
23. What discussions he has had with Cabinet colleagues on the
appointment of a Constitution, Democracy and Rights Commission.
[900174]
The Lord Chancellor and Secretary of State for Justice ()
Discussions with Cabinet colleagues are at an early stage, but I
can say that we want a commission or similar body to examine the
issues and make recommendations that restore people’s trust in
our democracy and the institutions that underpin it. No decisions
have been made yet on the appointment of such a body, its scope
or composition. I will update the House in due course.
A key ongoing concern for public law practitioners remains the
accountability of constitutional processes and safeguards. To
what extent will the commission include consultation with
relevant external professions, such as the legal profession, and
will they be invited to have substantial input and proper
scrutiny?
The hon. Lady asks a very proper question. Indeed, I would
envisage the body taking evidence from third parties, outside
organisations and civic society more generally to provide a
thorough evidence base before any recommendations are made.
May I take this opportunity to welcome you to your place, Mr
Speaker?
Following the Prorogation case, both the Prime Minister and the
Attorney General have hinted that the judicial appointment
process might change. Will the Justice Secretary confirm whether
that will be considered by the commission?
The commission will look at a range of issues. I think I have
made my position about the independence of the judiciary and the
integrity of the appointments process very clear. It is nobody’s
wish, I think on any side of this House, to see political
influence being brought to bear on the appointment of judges. It
is important to remember that we do not have a constitutional
court, or a US-style system in this country and it is not
something I would wish to see replicated here.
It has been reported that the commission is expected to look at
prerogative powers. Currently their use can be challenged in the
courts, which led to the ruling against the Prime Minister’s
Prorogation of Parliament. Does the right hon. and learned
Gentleman agree that it is imperative that the courts still have
jurisdiction to look at prerogative powers?
I am grateful to the hon. Gentleman for raising an important
issue. After the stresses and strains we have all seen the
constitution being put under as a result of the tumultuous events
of the past few years, it would be wrong of the Government not to
pause, take stock and look at the general constitutional position
through the lens of the public because it is all about public
confidence and the confidence the public have in this place being
the ultimate arbiter of our democracy, which is key. But we will
take time and do it in a measured way. I very much hope and
expect that the commission will come up with some evidence-based
solutions.
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP)
Members have every right to be concerned about what the
Government are up to with the commission, given their previous
noises about human rights, judicial appointments, prerogative
powers, judicial review and much, much more. Those concerns are
shared not just among Members, but across civil society and
beyond. Does the Secretary of State agree that in any such
commission Scotland’s perspective and experiences must be
properly and independently represented, and that any changes
proposed to the competences of the Scottish Government and
Parliament must have the consent of those institutions?
I am very much aware of the important devolution aspect of this
issue. It is about more than devolution, of course—the Scottish
legal and judicial system was never devolved because it was
always separate, and even when we did not have a Scottish
Parliament, it had a separate legislative framework that was
legislated for in this House. I fully understand the balance that
needs to be kept and I take on board the hon. Member’s comments.
Sir (Bromley and Chislehurst)
(Con)
It is a pleasure to see you back in the Chair in this Parliament,
Mr Speaker. I very much welcome what the Lord Chancellor said
about the independence of the judiciary. That is fundamental to
this country’s international reputation and we should set at rest
any suggestion that that should ever be compromised. Given the
wide-ranging nature of the commission, will he also consider that
it may be beneficial to have, serving as members of the
commission, experienced former members of the judiciary who have
the integrity and independence of thought that would increase
public respect and regard for the outcome that we all wish to
see?
I congratulate my hon. Friend on his recent honour, which is
thoroughly deserved after a lifetime in public service, both here
and in other elected Assemblies. His suggestions are well made. I
am already having a number of discussions with ministerial
colleagues and thinking very deeply about the range of expertise
and individuals that we need, and the diversity of that panel, so
that we make sure that the commission, or the committee, is in
the best possible place to gather evidence and come up with
measured, sensible reforms.
Rapes Reported to the Police: Number of Suspects Charged
(Leeds West) (Lab)
9. What plans his Department has to reduce the disparity between
the number of rapes reported to the police and the number of
suspects charged with that offence. [900159]
The Parliamentary Under-Secretary of State for Justice ()
The hon. Member is right to raise this issue. It is extremely
serious and, frankly, far too few reported cases are being
progressed into the criminal justice system, so I entirely agree
with and accept the premise of her question. The Government are
taking action in this area. The extra 20,000 police officers will
greatly help to get rape victims through the system and to get
their cases into court. I referenced earlier the extra £85
million for the Crown Prosecution Service. A great deal of that
will be targeted towards helping to progress those often very
complicated rape cases. As recently as last September, the
Under-Secretary of State for Justice, my hon. Friend the Member
for Aldridge-Brownhills (), provided an extra £5 million
of funding for rape centres and ISVAs—independent sexual violence
advisers—because one of the issues is rape victims dropping out
of the process before the case reaches court. I hope that in the
upcoming Budget and spending review, there is more we can do.
In West Yorkshire, the number of rapes reported increased by 25%
last year, but just 4.4% of those cases resulted in someone being
charged. The same is true across the country, so what are the
Government doing to ensure that the criminal justice system is
properly resourced and that it does not let down victims and add
to the trauma that they have already experienced?
As I said, we are putting 20,000 extra officers into the system
and £85 million into the CPS, and we are increasing expenditure
on rape centres and ISVAs, although I am sure that in those
areas, there is more we can do. There is also a review urgently
under way to see what further steps we can take, but I believe
that the actions that I have outlined, which are taking place as
we speak, will move us back in a happier direction.
Court Proceedings: Proportion Covered by Court Reporters
Mr (Maldon) (Con)
10. What recent estimate he has made of the proportion of court
proceedings covered by court reporters. [900160]
The Parliamentary Under-Secretary of State for Justice ()
We at the Ministry of Justice do not track or hold data on the
number of reporters who report on court proceedings, but I am sad
to say that anecdotal evidence suggests that in line with the
general decline in local reporting, the reporting of local courts
will have declined as well. When my right hon. Friend was
Secretary of State at the Department for Culture, Media and
Sport, he was instrumental in making sure, at the BBC’s charter
renewal, that the local democracy reporting scheme provided £8
million a year to get local reporters into the courts. I
congratulate him on that step and hope that there is more we can
do along those lines in future.
Mr Whittingdale
I thank my hon. Friend, and I thank the Minister of State,
Ministry of Justice, my hon. and learned Friend the Member for
South East Cambridgeshire (), for the work that she has
done in this area. Does he share my view of how important it is
that court proceedings are properly reported by trained
journalists so that justice can be seen to be done? Will he
continue to work with the Society of Editors, the News Media
Association and others to see what further measures can be taken
to achieve that?
I strongly concur and can certainly give my right hon. Friend the
commitment he asks for. Certainly from the perspective of Her
Majesty’s Courts and Tribunal Service, staff are given training
to facilitate access by journalists, and the Ministry is
currently giving very active and relatively imminent
consideration to ways of making sure that court decisions and
proceedings are brought more directly to the public.
Human Rights Framework: Reform
(Lanark and Hamilton East)
(SNP)
11. What discussions he has had with Cabinet colleagues on
reforming the UK’s human rights framework. [900161]
(Edinburgh North and Leith)
(SNP)
20. What discussions he has had with Cabinet colleagues on
reforming the UK’s human rights framework. [900171]
The Lord Chancellor and Secretary of State for Justice ()
I have been discussing this issue with my Cabinet colleagues and
will continue to do so. The United Kingdom is committed to
protecting and respecting human rights and will continue to
champion them both here and abroad. As set out in our manifesto,
after Brexit we need to look at the broader aspects of our
constitution, including the balance between the rights of
individuals and effective government.
I welcome you to your place, Mr Speaker.
Before the general election, the Conservative manifesto promised
to update the Human Rights Act 1998. Since its introduction, the
Act has successfully protected countless citizens across the UK
from human rights abuses, so can the Secretary of State tell me
which specific aspects of the Act need updating?
I refer the hon. Lady to the answer I gave in the context of the
constitutional commission. Updating Acts is something we do
regularly in this place. The Human Rights Act is now just over 20
years old. Aspects of its operation have worked very well; others
deserve a further look—for example, the operation of the margin
of appreciation and how Strasbourg case law is adhered to. All
those issues are relevant and material to the work of the
commission.
Christine Bell, professor of constitutional law at Edinburgh Law
School, has said that
“any unilateral repeal of the HRA by Westminster would…violate
the Sewel Convention”.
Does the Secretary of State agree? If not, why not?
The hon. Lady will remember that our manifesto talked about
updating the Act, not repealing it, so her question is literally
academic.
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP)
The Human Rights Act is also part of the constitutional backbone
of devolution, so again will the Secretary of State agree that
there should be no change to that Act, given all its implications
for devolved competences, without the express agreement of the
Scottish Parliament and Government? Otherwise, what sort of
democracy are we living in if one Parliament can change the
competences of another with such ease and little respect?
As I said to the hon. Gentleman in a previous answer, I am in the
spirit of working constructively with a fellow Parliament and
fellow parliamentarians. I want to ensure a situation where the
whole of the United Kingdom can benefit from improvements and
rebalancing, and that applies equally to the people of Scotland.
I hold out an olive branch to him today. I want us to work
together on these issues. We can achieve far more working
together than by pursuing pointless independence referendums.
Topical Questions
Mr (North West Cambridgeshire)
(Con)
T1. If he will make a statement on his departmental
responsibilities. [900175]
The Lord Chancellor and Secretary of State for Justice ()
Prison officers are some of our finest public servants, and I
have had the honour and pleasure of meeting many of them, not
just as a Minister, but as a practising member of the Bar. The
incident at HMP Whitemoor was quickly resolved thanks to the
bravery and professionalism of the staff who intervened. Their
courage in protecting others cannot be overstated. HMP Liverpool
is driving prison officer safety through an increased focus on
key work as part of our offender management in custody
investment, through a new drugs strategy and through the improved
use of data to understand the reasons for violence, but we
recognise that more needs to be done, which is why were are
introducing PAVA, a synthetic pepper spray, to protect staff from
incidents of serious violence or where they are in imminent or
perceived risk of serious violence.
Mr Vara
Would my right hon. and learned Friend kindly update the House on
the ambitious reform programme by Her Majesty’s Courts and
Tribunal Service?
I pay tribute to my hon. Friend’s work when he was courts
Minister. As he knows, the programme that he helped to spearhead
is already improving both access to justice and efficiency. More
than 300,000 people have now used new online services established
to enhance access, such as to make civil money claims, to apply
for divorce or to make a plea to low-level criminal offences.
Last year alone, more than 65,000 civil money claims were made
online, with nine out of 10 users saying they were satisfied or
very satisfied with the service.
(Bradford East) (Lab)
I, too, welcome you to your place, Mr Speaker. Let me also align
myself with the comments of both the Secretary of State and the
shadow Secretary of State about staff at HMP Whitemoor.
Our probation service should keep us all safe, but this morning
another damning report said that understaffing in a national
probation service that is dealing with the most serious offenders
is putting public safety at risk. Those shortages leave staff
overworked and unable to conduct due diligence, force them to
take on too many cases, and are a direct consequence of the
Government’s decision to break up the probation service, so will
the Minister commit herself to returning staffing across the
service to safe levels in order to undo the serious damage they
have caused?
The Minister of State, Ministry of Justice ()
I welcome this morning’s report from the inspectorate of
probation. Its publication is timely, given the changes that we
are making to create a more unified probation service. That
transition has already taken place in Wales.
Having read the report, I am pleased to note that it says that
leadership is good throughout the service. Of course we need to
recruit more probation officers, and we are doing that—800
officers who are currently being trained will come on board
imminently—but we also recognise that as we recruit more police
officers, we need to recruit more prison and probation officers
as well, and we are taking steps to do so.
(Stevenage) (Con)
T4. I am delighted that Finn’s law has received Royal Assent, but
can the Minister update us on when the Animal Welfare
(Sentencing) Bill, also known as Finn’s law part 2, will return
to the House? [900178]
The Parliamentary Under-Secretary of State for Justice ()
I thank my hon. Friend for his tireless campaigning on animal
welfare. I am, of course, delighted that Finn’s law reached the
statute book last year, and increasing the maximum sentence for
animal cruelty from six months to five years is a manifesto
commitment which we intend to deliver as quickly as possible. It
builds on the fact that—I am proud to say—this country has among
the world’s best animal welfare provisions, including a tough
ivory ban, CCTV in slaughterhouses, and a ban on the commercial
third-party sale of puppies and kittens.
(Ellesmere Port and Neston)
(Lab)
T2. According to the most recent figures, tens of thousands of
people still have not had their employment tribunal fees
refunded, although the Supreme Court declared them unlawful two
and a half years ago. I really do not understand why it is taking
so long. Names, addresses and contact details must be submitted
in the case of all tribunal claims. Will the Minister please
explain what the problem is? [900176]
The hon. Gentleman is quite right. Following the 2017 Unison
case, employment tribunal fees are due to be refunded. The
programme is under way, and many tens of thousands of fees have
already been refunded. The hon. Gentleman can rest assured that
the Ministry of Justice is looking carefully at the position to
ensure that everyone who is eligible for a refund does indeed
receive one.
Mr (Orpington) (Con)
T5. Does the Minister agree that the successful unification of
offender supervision services in Wales under the national
probation service is a positive change that will benefit victims
and the wider public? [900179]
My hon. Friend—whom I welcome to his place—is absolutely right.
We have looked at the system and recognised that it could be
improved, and we have made those changes in Wales, where the
national probation service has taken responsibility for
supervising all offenders. I look forward very much to visiting
Wales on Thursday to see how those changes have been implemented.
I understand that the transition has proceeded very smoothly, and
I look forward to speaking to staff there in order to ensure that
when the same transition takes place in England, it too will
proceed smoothly.
Mr (Slough) (Lab)
T3. For some weird, inexplicable reason, the Government have a
dangerous and flawed obsession with handing huge contracts to
private firms to run our prisons. I appreciate that the Secretary
of State may not heed my call for prisons to be returned to
public ownership, but will he at the very least implement a
moratorium on private prisons until an independent review has
ascertained whether they are indeed more violent? [900177]
I listened carefully to what the hon. Gentleman has said, and I
have to say, with respect to him, that the characterisation of
“public good, private bad”—or, indeed, vice versa—is wrong. There
are plenty of examples of privately run prisons that are more
than passing muster with the inspectorate, and are doing an
excellent job. I have always believed in a mixed approach, and I
can reassure the hon. Gentleman that will continue. I will base
my decision on hard evidence rather than on blind ideology in
which, I am afraid, his Front Benchers have indulged far too much
in recent years.
(Harrow East) (Con)
T6. One of the ways of preventing people leaving prison from
reoffending is to ensure that they have a secure roof over their
head when they leave. Under the Homelessness Reduction Act 2017,
prison governors have a statutory duty to ensure that those
leaving prison do indeed have that secure home. Will my right
hon. Friend update the House on the progress being made on
ensuring that prison governors carry out their statutory duty?
[900180]
I congratulate my hon. Friend on the work that he did on the
Homelessness Reduction Act, which has been very effective. I am
pleased to be able to tell him that the latest statistics show
that more than a quarter of the referrals to local authorities
under the duty to refer were made by either prison or probation
services. However, we need to work more broadly as well to ensure
that when offenders come out of prison they have somewhere to go.
We have a pilot with the Ministry of Housing, Communities and
Local Government that involves a two-year wraparound service.
When an ex-offender comes out, they are helped to find a home and
to understand the duties of their tenancy so that they can stay
in their home and manage it over the two-year period.
(Liverpool, West Derby) (Lab)
T7. Vauxhall Law Centre in Liverpool is one of only 42 law
centres still in existence. It enables working-class people to
defend their fundamental right of access to justice, a right that
is currently under attack from Government cuts. What urgent
action are the Government taking to guarantee the future of law
centres in Liverpool and across the country? [900182]
The Parliamentary Under-Secretary of State for Justice ()
I welcome the new Member to his place on the Opposition Benches.
We recognise the valuable work that law centres do in our local
communities around the country, and we support them through grant
funding and legal aid contracts. In two of the early visits that
I made when I went into the Ministry of Justice, I visited the
law centre in Southwark and another in south-west London to gain
a deeper understanding of the tremendous work they do. He can
rest assured that we support our law centres and the work they
do, to ensure that the people who need support can receive it.
(South West Bedfordshire)
(Con)
T9. I am sure that the Government believe in leading by example
and would want to emulate, and indeed go further than, companies
such as Halfords, Greggs and in employing ex-offenders. Since
the Government banned the box, what increase in the employment of
ex-offenders has there been across Government and the wider
public sector? [900184]
I pay tribute to my hon. Friend for his work both as a Minister
in this Department and as a campaigner on this issue. I share his
approach to these issues. Since we launched the going forward
into employment scheme in January 2018, we have recruited 29
ex-offenders who are currently in post in civil service roles,
with a further 20 due to start in post shortly. I commend the
work being done on Ban the Box, the private sector community
initiative, which I actively support.
(Croydon Central) (Lab)
When the Prime Minister was Mayor of London, the number of stop
and searches steadily declined, but they became more effective
and intelligence-led. As a result, the arrest rate significantly
increased. Now that the Prime Minister has decided to increase
stop and search, the reverse has happened. They are less
intelligence-led, and arrest rates are declining. Does the
Secretary of State agree with me and with the all-party
parliamentary group on knife crime that stop and search is an
important tool, but it is not the only answer, and that a
long-term public health approach that puts prevention at the
heart of policing is the way to tackle knife crime?
I agree that stop and search is a vital part of our fight against
knife crime. When the use of stop and search was dramatically
reduced between about 2014 and 2018, we saw a reduction in the
number of convictions and, shortly afterwards, an increase in the
number of offences. Leading police and crime commissioners,
including , the former Labour MP and
Minister who is now the police and crime commissioner in
Merseyside, have said that the fair and effective use of stop and
search remains one of the most powerful tools that the police
have at their disposal. With body-worn cameras now in use, some
of the issues to do with communities feeling disrespected have
been largely addressed. However, this is only part of the battle
against knife crime, as the hon. Lady says, and I pay tribute to
her work as chair of the knife crime APPG. Preventive work and
work in schools are important as well.
Mr (Tewkesbury) (Con)
Do Ministers agree that the crime of burglary has devastating
effects on those who have been burgled? Will they increase the
sentences available for people who have committed that offence?
My hon. Friend is right to remind us that burglary is a crime not
just against property, but against the wellbeing of people whose
homes are violated. He will be glad to know that average
sentences for burglary have increased over the years from an
average of 21 months to 28 months. I will have a further
conversation with him about this, but I assure him that sentences
are going in the right direction when it comes to dwelling house
burglaries.
(Reading East) (Lab)
Reading jail is a hugely important historical site. It is the
burial place of King Henry I of England and also where Oscar
Wilde was incarcerated. The building is currently up for sale by
the Ministry of Justice. Will the Secretary of State or the
prisons Minister agree to meet me before any decision is made on
the sale and also to meet local campaigners and representatives?
I am pleased to have already spoken to the hon. Gentleman and my
right hon. Friend the Member for Reading West () about this matter. As the hon.
Gentleman knows, bids are already in, and they are commercially
sensitive. If it is appropriate for me to meet him, I will be
happy to do so, together with his neighbour.
