Ukraine: Potential War Crimes by Russia
(Runnymede and Weybridge)
(Con)
1. What steps his Department is taking to support an
investigation into potential war crimes committed by Russia in
Ukraine. (906194)
(Southport) (Con)
7. What steps his Department is taking to support an
investigation into potential war crimes committed by Russia in
Ukraine. (906200)
(Maldon) (Con)
8. What steps his Department is taking to support an
investigation into potential war crimes committed by Russia in
Ukraine. (906202)
(Banff and Buchan) (Con)
11. What steps his Department is taking to support an
investigation into potential war crimes committed by Russia in
Ukraine. (906205)
(Wantage) (Con)
14. What steps his Department is taking to support an
investigation into potential war crimes committed by Russia in
Ukraine. (906208)
The Lord Chancellor and Secretary of State for Justice ()
With your forbearance, Mr Speaker, may I join the expression that
you gave on the fifth anniversary of the murder of PC Palmer? I
send my sympathies to the family and our total solidarity in this
House with those who risk their lives on the frontline.
Vladimir Putin’s regime is responsible for an illegal invasion.
There is strong evidence of war crimes and we believe that those
responsible must be held to account.
Dr Spencer
I associate myself with my right hon. Friend’s remarks regarding
PC Palmer. What steps has he taken to ensure that the mechanisms
are in place so that the evidence of war crimes can be
confidently collected by the International Criminal Court?
We are doing two things in particular. First, I have convened a
cross-Whitehall group, which we have done in the past, to ensure
that we can provide whatever support may be needed for everything
from witness protection services to the gathering of evidence and
information co-operation. Secondly, I have been to The Hague and
I will be going back this week. I am working with a coalition of
countries that also have unique expertise in that area to provide
the support that the Court needs.
Will my right hon. Friend assure the House that our recently
passed Economic Crime (Transparency and Enforcement) Act 2022
will ensure that this Conservative Government will take every
step to deprive those found guilty of war crimes in Ukraine of
their illegally gotten gains?
My hon. Friend will know that, because of the Sergei Magnitsky
regime for asset freezes and visa bans for anyone who has
committed serious human rights abuses, we already have that
capacity in place. That is on top of the further co-operation
that we will provide with the ICC and, I should mention, that the
Attorney General will provide with the prosecutor general of
Ukraine.
Mr Whittingdale
Does my right hon. Friend agree that, while the shelling of
civilians is itself a war crime, any use of chemical or
biological weapons, as predicted by President Biden today, would
be a breach of the Geneva protocol and the chemical weapons
convention and would most certainly be a war crime?
My right hon. Friend is absolutely right. I am always careful to
allow the ICC, of which both the prosecutor and the chambers of
the Court are independent, to make those determinations, but the
points of principle that he has set out are absolutely right.
There must be no impunity for those in Moscow or the commanders
on the ground who commit those atrocities.
Can my right hon. Friend outline to the House what steps the
Government have taken to build the broadest caucus of support for
prosecuting President Putin and his regime over their actions in
Ukraine? Will he join me in applauding the role of the British
ICC judge and British prosecutor in their work on the issue?
My hon. Friend is right. We secured the election of Karim Khan
and Jo Korner. They operate independently on the Court but it is
a sign of how well regarded this country’s legal profession is
that we have two such senior figures there, as well as the
registrar. Again, they operate independently, but we are working
with the Ukrainian authorities, led by the Attorney General. I am
also going back to The Hague to ensure that we understand the
specific needs of the ICC, not just to provide support ourselves
but to ensure that we bring together a coalition of countries
with that unique expertise so that justice can be done.
There will not be many people watching the TV each night who
think that what Putin is doing to Ukraine does not constitute war
crimes. I appreciate what my right hon. Friend says about the
evidence and that these things can take a while. Without going
into details, therefore, can he assure the House that we have
learned the lessons of previous attempts to pursue war crimes
cases, so that we might bring Putin and co to justice faster?
My hon. Friend is right, although, of course, we have a war going
on and we need to be realistic that that will take time and
strategic patience. We had Radovan Karadžić, the butcher of the
Balkans, delivered to a British jail cell last year under a
sentence enforcement agreement that I happened to negotiate with
the UN in 2004. These things will take time; that is the
realpolitik that we are dealing with. We are ensuring, however,
first, that things such as the preservation of evidence are a
priority now in conduct on the ground, and secondly, that the
message goes out that we and our partners in support of the ICC
are being clear that, if someone commits those kinds of crimes,
sooner or later they will end up in the dock of the Court and
behind bars.
(Huddersfield)
(Lab/Co-op)
As the Secretary of State is a very senior member of the
Government, would he ensure that this House is updated regularly
on what is going on? So much has happened, even over the last
weekend, in this dreadful conflict, so would he send a message
that this House should be updated regularly? I started by
thinking that this must be settled peacefully, but are we really
going to allow injustice to rule in this country and to let
Russia get away with it?
The hon. Gentleman is absolutely right, and I thank him for what
he has said. I would be happy to update the House through oral
questions or other means, and I am very happy to meet him. It is
absolutely right that there will not be a peaceful settlement to
this. I think we can all agree that trusting Vladimir Putin to
keep his word is going to be a very tall order for anyone in the
community, let alone President Zelensky, and there cannot just be
a brushing under the carpet of atrocities committed now or in the
future.
(Glenrothes) (SNP)
The Secretary of State will be aware that Russian criminality in
Ukraine did not start this year; it started in 2014. Since then,
there have been crimes against the people of Ukraine, including,
we have to say, gross abuses of the human rights of ethnic
Russians in Ukraine. Will he use his influence to ensure that any
war crimes investigation is extended to the beginning of the
illegal annexation of Crimea in 2014?
I thank the hon. Gentleman, who makes a really important point.
Of course, I must at this point say that it will be for the ICC,
which operates independently, to determine the temporal scope of
its jurisdiction.
(Rochdale) (Lab)
The Justice Secretary made a very important point earlier when he
said that this is about not just those in Moscow, but the
commanders on the ground, although in fact it is even about
individual soldiers. What can we do as a nation to help the ICC
get the message across that those in the field could find
themselves before the Court?
I thank the hon. Gentleman, and I think he is right. Of course,
one of the things Putin has done is to clamp down on all
independent sources of media, but that is of course something
that we are looking at trying to support so that Russians get the
facts on the ground. He is also right to say that the conscripts,
as well as the commanders, are at risk here. Many of those young
Russian conscripts, who were told they were going in as
peacekeepers, will have points at which they are not sure whether
to follow essentially illegal orders either for their own welfare
or for the good of Ukraine itself.
(Strangford) (DUP)
Especially perverse have been the Russian attacks on hospitals,
schools and churches—on babies, children and elderly people—in
Ukraine. What steps have been taken to co-ordinate with the UN to
ensure that these travesties will not go unanswered in The Hague
and that evidence is collected, collated and unquestionable?
I thank the hon. Gentleman, who I know has long had an interest
in this area of accountability, and he is absolutely right. Of
course, one of the critical issues right now is the preservation
of evidence—not just that crimes were committed, but on whose
orders they may have been committed. Those are all things we are
looking at, and I think it is important that we work with all our
allies on this. We have some unique expertise in law enforcement,
with mechanisms in relation to information co-operation, witness
protection, sentence enforcement and forensic evidence, but other
states also have unique capabilities in those areas. What is
crucial is that the early evidence—not just of crimes, but of the
responsibility up the chain of command—is preserved where
possible.
Bill of Rights and Human Rights Act 1998
(Buckingham) (Con)
2. What progress he has made on bringing forward a Bill of
Rights.(906195)
(Ashfield) (Con)
5. What progress he has made on bringing forward a Bill of
Rights.(906198)
(Oldham East and
Saddleworth) (Lab)
15. What steps he is taking to reform the Human Rights
Act.(906209)
(Ayr, Carrick and Cumnock)
(SNP)
21. What recent discussions he has had with Cabinet colleagues on
reforming the human rights framework.(906215)
(North East Fife)
(LD)
22. What assessment he has made of the implications for his
policies of the independent Human Rights Act review published in
December 2021.(906216)
The Lord Chancellor and Secretary of State for Justice ()
The Government were elected on a manifesto commitment to replace
the Human Rights Act 1998, and we have launched a consultation on
a UK-wide Bill of Rights. We intend to bring forward legislation
in the next Session.
I am very grateful to my right hon. Friend for that answer. Does
he agree with me that to ensure that the Nationality and Borders
Bill we are debating later today is fully workable, especially in
supporting those who desperately need our help, such as those
coming from Ukraine, a British Bill of Rights is essential to
close the loopholes that allow those who seek to abuse the
system—and, in doing so, take away resources from our authorities
helping those in need—in relying on existing human rights
legislation?
I thank my hon. Friend, and he is absolutely right that the
Nationality and Borders Bill is crucial for dealing with those
issues—not just as a matter of the protection of our borders, but
in stemming this appalling trade in misery. The Bill of Rights
would make sure that we have the right balance of protecting our
freedoms by ensuring that the Executive can be held to account,
but also making sure, when Parliament makes difficult balanced
judgments on qualified rights, that there is greater respect for
that in the public interest.
The Secretary of State will be aware that the current human
rights laws are not fit for purpose and are stopping us deporting
foreign criminals including rapists and murderers, much to the
delight of the leftie lawyers. Does my right hon. Friend agree
that we should fast-track the new Bill of Rights so we can get
rid of these foreign rapists and criminals as quickly as possible
and send them back to where they come from?
My hon. Friend is bang on; he speaks in a very straightforward
way, but I think that is what the public expect. We are not
talking about undermining the fundamental freedoms—in fact, we
are going to strengthen them, including free speech. We are
making sure that those who do us harm or have been convicted of
serious offences can be returned home without elastic
interpretations of rights scuppering the process.
Contrary to the comments of the last questioner, the Law Society
has said that the Government’s Human Rights Act proposals
“do not recognise the significant benefits that have been
achieved…through the HRA”,
while the General Council of the Bar says that the HRA
“has worked and continues to work well.”
Given that those who work in our justice system reject the need
for changes and only despots and tyrants like Putin object to
human rights other than their own, why does the Justice Secretary
not scrap these proposals and stop wasting taxpayers’ time and
money?
We are of course familiar with the views of the Law Society and
others but respectfully disagree, and in the end it is not solely
our job to listen to legal practitioners, important as they are,
or indeed to serve their interests, but also to stand up for
victims and the public and make sure we have a common-sense
approach to justice. [Interruption.] I respectfully disagree with
the hon. Lady; she might want to put herself on the side of the
criminals, but we will put ourselves on the side of the
victims.
The Scottish Government have committed to introducing a new Human
Rights Bill for Scotland by 2025 incorporating four major United
Nations rights treaties—an international covenant on economic,
social and cultural rights; conventions on the elimination of all
forms of discrimination against women; the elimination of all
forms of racial discrimination; and the rights of persons with
disabilities—along with other progressive human rights. Has the
Secretary of State reviewed these plans with a view to
incorporating them into any future Bill of Rights?
Although I disagree with the hon. Gentleman, I pay respect to the
way he has introduced this question. There is a school of
thought—I have been up to Edinburgh and discussed this with the
Scottish Government—that we should expand a wider range of policy
issues, social and economic, and environmental goals, and turn
them into judicially enforceable rights. Many of those areas
involve collective issues that require finely balanced judgment
calls and often require public finances to be allocated in a very
sensitive way, and I think they should be decided by hon. Members
in all parts of this House, accountable to the British people,
not lawyers in a courtroom.
It is agreed by legal experts in areas ranging from local
government to the House of Lords that the HRA is a delicate and
well-tuned piece of legislation, and the organisation Lawyers in
Local Government said in its response to the independent HRA
review that the Government’s proposals not only risk reducing the
accountability of public authorities and undermining the rules
but will concretely cause further delay in reaching decisions on
social housing, which is worse for all our constituents and for
councils. This is not about ideology but about real-world
outcomes. The HRA is working well, so will the Government accept
that plans to scrap it are counterproductive?
I am afraid that I will not, and I respectfully disagree. I will
side with the local authorities of whatever political colour or
composition who are trying to serve their constituents. They of
course need to be held to the rule of law and be accountable, but
I am not on the side of the lawyers suing local authorities.
Mr Speaker
I call Scottish National party spokesperson .
(Lanark and Hamilton East)
(SNP)
In their consultation response the Scottish Government
highlighted that in the initial UK Government approach to
Windrush:
“No amount of evidence or reasoned argument proved able to
persuade the Home Office of the catastrophic errors which had
occurred.”
The HRA was instrumental in securing justice for the Windrush
victims, and the UK Government later said they would learn
lessons from those failings. Should they not start by ditching
plans to overhaul the legislation that was instrumental in
securing justice for the Windrush victims?
It is really important that the hon. Lady raises the question of
the Windrush scandal. Hon. Members across the House would agree
that that should never have happened, but of course it happened
throughout the entirety of the entry into force of the Human
Rights Act and there was nothing about the Act that led to the
situation being addressed in this House—that was down to hon.
Members who became aware of what had happened because of members
of our communities who had been affected. Frankly, the Human
Rights Act did not stop Windrush and had absolutely no role in
remedying it.
Mr Speaker
I call for her second question.
No, she does not want it, so let’s try somebody else. I call
.
Sanctions: Assets Seizure
(Paisley and Renfrewshire
North) (SNP)
4. What recent discussions he has had with Cabinet colleagues on
seizing the assets of sanctioned Russian oligarchs. (906197)
(Glasgow South West)
(SNP)
12. What recent discussions he has had with Cabinet colleagues on
seizing the assets of sanctioned Russian oligarchs. (906206)
(Edinburgh North and Leith)
(SNP)
19. What recent discussions he has had with Cabinet colleagues on
seizing the assets of sanctioned Russian oligarchs. (906213)
The Parliamentary Under-Secretary of State for Justice ()
I am pleased to report that the Ministry of Justice is working
closely with colleagues across Government to look at how we can
go further to crack down on illicit money in British property,
including considering temporary asset seizures beyond the
freezing regime that we already have in place. I am not yet in a
position to present the details of this to the House. It is a
complex issue involving important policy and legal
considerations. What I can say is that unlike the Putin regime,
the Government will always preserve the rule of law and act
against kleptocratic wealth.
When concerns about Russian interference in UK politics were
raised by the Intelligence and Security Committee a couple of
years ago, the Prime Minister laughed them off, saying that they
were driven by “Islington remainers” unable to accept Brexit.
What confidence should we have that the Government are taking the
threat seriously, particularly given the slow approach to
sanctioning oligarchs that saw Putin’s cronies handed two weeks
to rush their wealth out of the UK before the rules came into
force?
Everybody can be incredibly confident that the UK has acted
swiftly to execute the biggest package of sanctions ever imposed
against a G20 nation. Let us be clear that the UK has designated
more than 1,000 individuals, entities and subsidiaries under the
Russia sanctions regime since the invasion, including President
Putin and Foreign Minister Lavrov. More than 3 million Russian
companies are barred from raising money on UK capital markets. We
will also target more than 500 members of the Duma and Federation
Council. That makes up the largest and most severe package of
economic sanctions Russia has ever seen.
Given the rushed nature of legislation as the Government play
catch up with EU states, for example, there have been reports
that further measures will be required to close remaining
loopholes exploited by oligarchs. What discussions have taken
place around that, and will the Minister confirm that further
legislation should be expected in this coming year?
The hon. Gentleman is right that we need to legislate effectively
and that is why we will take time to get the detail right on
property while prioritising further action as far as we can. To
be clear, in the past week the Government have passed the
Economic Crime (Transparency and Enforcement) Act 2022,
established a register of beneficial ownership, and sanctioned
more than 1,000 individuals and entities. The Deputy Prime
Minister explained in answer to the first set of questions the
action he is taking at the International Criminal Court to ensure
that it can fully investigate Russian war crimes, but I accept
that more might need to be done.
The international corruption unit and the international
anti-corruption co-ordination centre have operated for some time
now in the National Crime Agency. Why was it necessary to set up
a third kleptocracy unit and how will this new body’s work differ
from that of the existing bodies? Were they not already
investigating the behaviour of oligarchs?
I do not think that anybody should doubt that we have the
measures in place. Our sanctions regime is bold and we have taken
swift, comprehensive measures. I also remind the hon. Lady that
only last week the Deputy Prime Minister announced further
measures on strategic lawsuits against public participation, or
SLAPPs. When we talk about powerful oligarchs in this country,
that is important. Judge us by the actions. I am sure we all
agree that these measures are swift and comprehensive and, most
importantly, will have an impact on the Putin regime.
(North West Leicestershire)
(Con)
Does the Minister agree that the international sanctions causing
such hardship to the Russian people are totally the
responsibility of one man, and his name is Vladimir Vladimirovich
Putin?
My hon. Friend puts it perfectly. Of course, the sanctions will
have and are having an economic impact. We have no quarrel with
the Russian people. The blame for that impact lies squarely at
the door of the Kremlin, and I think the whole world knows
that.
Mr Speaker
I call the shadow Secretary of State, .
(Croydon North) (Lab/Co-op)
First, Mr Speaker, let me associate myself and my party with your
comments earlier about PC and others who died five years
ago today.
The Intelligence and Security Committee’s Russia report states
that under this Government, some UK law firms became “de facto”
Russian state agents and played a role in
“promoting the nefarious interests of the Russian state”,
including oligarch’s assets. Will the Minister tell the House
what he has done to stop UK law firms such as Debevoise &
Plimpton, Cleary Gottleib Steen & Hamilton and Steptoe &
Johnson acting as enablers of Russian criminals and the
Kremlin?
As I set out very recently in my written answer to the hon.
Gentleman, the rule of law means that everyone has a right to
access legal representation. Legal advice is often necessary to
ensure that those who are subject to sanctions fully understand
and comply with the restrictions, but as I said to him, lawyers
are required to follow strict procedures when transacting with
sanctioned individuals. Those individuals are required to obtain
a licence from the Office of Financial Sanctions Implementation
to make payments for legal services, and lawyers should carefully
consider whether their advice is helping the client to comply
with the sanctions or is participating or facilitating a breach
of those sanctions. To be clear, there are severe penalties for
breaches, including fines and potential imprisonment.
Given what is happening in Ukraine, there is an urgency about
going further than the Minister outlined. Will he consider
imposing sanctions on law firms that continue to act for the
Kremlin and Putin’s cronies, whose looted wealth is funding
Russia’s murderous war machine?
It was only on 20 January that the Backbench Business Committee
brought before this House a debate on SLAPPs lawfare. I responded
to that debate, and at the end I said the Government would be
responding. Less than two months later, the Deputy Prime Minister
came before the House with detailed proposals. Of course, a key
part of this is the behaviour of law firms. Any action we take—we
have to be clear on this; we are the Ministry of Justice—must be
subject to the rule of law and must take a balanced approach,
recognising that while we want to take action, it is a
fundamental right to be legally represented.
Violence Against Women and Girls
(Newport West) (Lab)
6. What steps he is taking with Cabinet colleagues to tackle
violence against women and girls in (a) Newport West constituency
and (b) Wales. (906199)
(Bury South) (Lab)
10. What steps he is taking with Cabinet colleagues to tackle
violence against women and girls. (906204)
(Jarrow) (Lab)
20. What steps he is taking with Cabinet colleagues to tackle
violence against women and girls. (906214)
The Minister of State, Home Department ()
The Government set out in the summer their ambitious tackling
violence against women and girls strategy to fundamentally change
attitudes, support women and girls who are victims of crime and
relentlessly pursue perpetrators. This focus includes plans to
roll out to all Crown courts pre-recorded cross-examination for
complainants of sexual and modern slavery offences, and giving
victims of domestic abuse more time to report incidents of common
assault. Last month, we launched the tender for the first ever
national 24/7 helpline for victims of rape and sexual
assault.
Last week, I met Cyfannol Women’s Aid Newport, whom I thank for
all the work they do to keep women and girls in my community safe
and supported. Labour has published a full Green Paper with
serious and common-sense measures to end violence against women
and girls. Will the Minister now commit to working with the
Labour party to implement those important and long overdue
proposals? After all, this is a matter of life and death.
I thank the hon. Lady for her kind invitation. I note that
throughout the passage of the Domestic Abuse Act 2021, I was
delighted to work with colleagues across the House. I think we
all recognise the vital importance of that legislation brought
forward by the Government. I am particularly pleased that we are
helping the police and crime commissioner in Gwent to support
victims in the hon. Lady’s constituency and elsewhere in the
police area. There is more than £6 million to help victims across
Wales. We are absolutely determined to tackle violence against
women and girls in a way that looks after victims, but also,
importantly, changes some of the behaviours and attitudes that
sadly lie behind so many of these crimes.
The backlog of court cases means that victims of rape are facing
years fighting for justice. Rapists are walking free because
victims are dropping court cases due to the trauma caused by
delays. Will the Minister carry out an immediate review into
setting up specialist rape courts, as recommended by the joint
inspectorates, so that justice can be done and the public,
including my constituents in Prestwich, Radcliffe and Whitefield,
can be kept safe?
I do hope the hon. Gentleman in his, I imagine, copious free time
now that he has crossed the Floor, is able to read the rape
review, because had he done his homework he would have seen the
forensic examination we have conducted of the investigation and
prosecution of offences of rape. We have seen tentative first
steps toward increases in convictions for rape, but we are clear
that through the rape review and working with the police, the
Crown Prosecution Service and victims, we will make progress. I
very much hope he will support the Government in our measures to
do so.
After women spoke out about feeling exposed to physical
aggression and sexual harassment when travelling on our regional
north-east public transport system, the Northumbria police and
crime commissioner, , launched the free Safer
Transport Northumbria app, which takes people through a series of
simple steps that allows them to raise safety concerns and report
crimes. Does the Minister agree that that is a brilliant
initiative from our Northumbria PCC, and will she commit to
providing more funding for our region to tackle violence against
women and girls?
I welcome local initiatives such as the one that the hon. Member
describes. I hope that she also welcomes the national efforts
that we set out in the tackling violence against women and girls
strategy, particularly on public transport, because we know that
that can be a place of harassment and very unwelcome behaviour by
perpetrators. I pay tribute to my hon. Friend the Member for
Brecon and Radnorshire (), who led a campaign to outlaw
cyber-flashing. I trust that when provisions to outlaw that crime
on public transport and elsewhere are introduced in the Online
Safety Bill, they will have the hon. Lady’s support.
(Basingstoke) (Con)
I wish my hon. Friend a very happy birthday. In June, after three
years’ work, the Law Commission will publish recommended changes
to the criminal law to stop the publication of intimate sexual
images online without consent, which is one of the worst forms of
violence against women and girls. Will the Minister include those
changes in the Online Safety Bill through Government amendments
before it reaches the Lords, or will she look for others to do
that on her behalf?
I thank my right hon. Friend; I can think of no better way in
which to celebrate one’s birthday than by receiving questions
from her.
We absolutely understand that the law must keep pace with
society, which is why we are taking action to address some of
these 21st-century crimes, such as cyber-flashing, and making
efforts in the Police, Crime, Sentencing and Courts Bill to
tackle breastfeeding voyeurism and to extend the so-called
revenge porn offence to include those who threaten to post or
disclose such images. We have asked the Law Commission to advise
us on that very complicated area of law. We await the results of
that advice in the summer and we will look carefully at
implementing or acknowledging any such changes that the
commission may advise.
(Lewisham West and Penge)
(Lab)
Ministry of Justice figures show that between 2015 and 2020, 17%
of rapists sent to prison received sentences of less than five
years. Does the Minister agree that that is incredibly lenient
for one of the worst crimes? Will she back Labour’s call for
minimum sentences of seven years for rape, or will the Government
continue to be tough on victims and soft on crime?
I know that the hon. Lady and I share a determination to crack
down on the perpetrators of vile crimes. It is with some regret,
therefore, that I note that the Labour party declined the
opportunity to support the Government on the Police, Crime,
Sentencing and Courts Bill, in which we require serious sexual
and violent offenders to spend more time in prison when they
receive sentences of between four and seven years. I also gently
remind her that the average sentence for rapists is around 10
years, so rather than putting different proposals forward, it
would be very nice if Labour Members supported the Government’s
real-time work to ensure that rapists spend longer in prison.
That is precisely what Labour’s proposals would have achieved.
The Government are not just letting victims down on sentences for
rape; the Government have failed to act despite Labour’s call for
a review into sentences for spiking offences and the introduction
of minimum sentences for stalking. The Minister has an
opportunity to show that the Government are serious about
tackling violence against women and girls by backing Labour’s
proposals. Will she do that today?
Forgive me, but the hon. Lady seems to have misunderstood how
legislation happens in this place. Labour Members had the chance
to vote for rapists to spend longer in prison through the Police,
Crime, Sentencing and Courts Bill; they did not just abstain, but
voted against that. I entreat the Labour party to consider acting
and putting real pressure behind their warm words and to stand
with the Government to ensure that rapists spend longer in
prison. That is what the Government are doing, and we will
achieve that through the good work of Conservative
colleagues.
Prison Leavers: Employment
(South Basildon and East
Thurrock) (Con)
9. What steps he is taking to increase the proportion of
offenders who are employed on leaving prison. (906203)
The Minister for Crime and Policing ()
The Government will deliver a presumption in favour of offering
offenders the chance to work in prison, on release on temporary
licence, and on release.
Does my right hon. Friend agree that getting offenders into
employment is vital to reducing reoffending? Will he therefore
outline to the House what steps his Department is taking to
refocus on the key performance indicators that it measures, to
ensure that offender employment is a priority for this
Government?
My hon. Friend, in his usual manner, has put his finger on the
button of part of the solution to the reoffending cycle. We
firmly believe that there are three pillars for success in
rehabilitating offenders: the first is a home, the second is a
job, and the third is a friend. We are committing to providing
all three to those who leave the secure estate. With all other
Departments, we will publish our outcome delivery plan in the new
financial year. I can reassure my hon. Friend that our right hon.
Friend the Deputy Prime Minister is setting extremely challenging
and ambitious targets for the Department, particularly in regard
to housing and employment.
Court Cases Backlog
(Twickenham) (LD)
13. What steps he is taking to help reduce the backlog of court
cases. (906207)
The Parliamentary Under-Secretary of State for Justice ()
We are taking action across all jurisdictions to bring backlogs
down and improve waiting times for those who use our courts by
expanding physical capacity, introducing new legislation and
ramping up judicial recruitment. We are already seeing the
results of our efforts. In the Crown courts, the outstanding case
load has reduced from approximately 61,000 in June 2021 to
approximately 59,000 at the end of January 2022; in the
magistrates courts, the case load is close to recovering to
pre-pandemic levels; and for most of our tribunals, the
outstanding case load is either static or already beginning to
reduce.
The Minister will be aware that a recent report by the Public
Accounts Committee revealed that the number of rape and sexual
assault cases waiting to be tried increased more than 400% in the
first year of the pandemic. Delays in such cases were already
over 18 months pre-pandemic. The toll that those delays take
means that the victims of sexual assault are much more likely to
withdraw their case. Will the Minister support greater
investment, as the Committee and indeed the rape review
recommend, in independent sexual violence advisers, whose support
for victims halves the likelihood of their withdrawing from the
process?
The hon. Member makes a very good point. We sympathise with those
whose cases are backlogged. Our aim is to increase capacity
across all our courts so that we can continue to bring the
backlog down. On her specific point about funding, I am pleased
to say that investment in the advisers will increase to £185
million by the end of the spending review.
(West Bromwich West)
(Con)
I welcome the £477 million that the Government have committed to
dealing with the backlog, but we know that it is an acutely
regional issue. Will the Minister assure my constituents in the
Black Country that as the Government roll out the £477 million,
they will take a regional approach to its operational delivery?
One way he could do so might be to visit the Black Country and
see how he can ensure it gets the maximum delivery from that £477
million.
I would be absolutely delighted to come and visit. I should say,
of course, that the biggest Crown court in the midlands is
Birmingham’s, which was the first that I visited after getting
this job. My hon. Friend is right that we have to look at the
issue regionally. There are significant variations, but the most
important thing we can do is have wider capacity across the
country. Alongside the almost half a billion pounds of funding
that my hon. Friend mentions, key measures include increasing
magistrates’ sentencing powers so that we can free up almost
2,000 days in the Crown court, where the most serious cases can
be heard.
Mr Speaker
You could always reopen Chorley court. That would help.
(Croydon North) (Lab/Co-op)
Last week, the roof of Sheffield magistrates court fell in,
delaying countless cases. A rape case was delayed when toilet
water leaked into a courtroom at Maidstone Crown court in Kent.
Survivors of rape already wait three years for their case to come
to trial. How many cases have been delayed in total over the past
five years because the Government have failed to fix crumbling
courts?
I have given the hon. Gentleman a written answer detailing these
points, but I am happy to write to him again. As I just said—it
is crucial to stress this—not only is the backlog falling, but we
want to go further. The key measures include legislation to
increase magistrates’ sentencing powers; funding, with almost
half a billion pounds in the spending review; and increased court
capacity, with renewed Nightingale courts where appropriate.
Increasingly, the biggest challenge is judicial capacity, but I
am pleased to say that we are recruiting more full-time judges
and allowing more part-time recorders to sit for more days.
Importantly, having launched our £1 million recruitment campaign
for our volunteer judiciary, the magistracy, we have had in
excess of 20,000 expressions of interest.
(Aylesbury) (Con)
Aylesbury Crown court was the first to fully reopen after covid,
thanks to the determined leadership of His Honour Judge Francis
Sheridan, who steps down as resident judge this month. Will my
hon. Friend join me in paying tribute to all the court staff in
Aylesbury for their progress in clearing the backlog, and in
thanking Judge Sheridan for his constant innovation to make his
court more efficient and much more strongly focused on
victims?
My hon. Friend, as a former magistrate with much additional
knowledge of probation issues, speaks about these matters with
huge expertise. I do pay tribute to the resident judge, and
indeed to all members of the judiciary. They are, of course,
independent from Government, and they have huge responsibilities.
As I said during my first appearance at the Dispatch Box, we owe
a huge debt to all our judiciary as well as all our clerks and
all those who work in our courts for keeping justice going during
the pandemic, and we can repay them by taking every possible
measure to reduce the backlog.
Preventing Reoffending: Youth Custody Centres
(Bristol East) (Lab)
16. What steps his Department is taking with youth custody
centres to help prevent reoffending. (906210)
The Minister of State, Ministry of Justice ()
The number of children entering the youth justice system has
fallen by 81% in the last decade and the number of children on
the secure estate has fallen by about three quarters. We are,
however, developing a more specialised workforce focused on
rehabilitation, because we accept that that is how to help these
young people to move away from a life of crime. Every prison
officer on the youth estate is now funded to take up a
qualification in youth justice by next year. We have also created
specialist youth justice worker officers, who are trained to work
with children, and we already have 284 in post.
I hope that the Minister has been talking to her colleague the
Housing Minister about his plans to regulate supported housing,
which were announced last week and which we very much welcome.
Will she now talk to him about the need to ensure that if 16 and
17-year-olds are released from custody and it is not appropriate
for them to go back to their family home, they are not placed in
unregulated housing?
Very much so. As I said in answer to previous questions, home is
a vital part of rehabilitation and cutting reoffending. We know
about some of the particular pressures that young people can face
if, for example, they have been drawn into county lines gangs,
and the geographical location of their home may be a pertinent
element in their reoffending or their vulnerability to
reoffending. I am happy to confirm that I will be speaking to the
Housing Minister. I am also drawing together a cross-Whitehall
group of Ministers to discuss how we can tackle youth offending
at the earliest stages, not just when a child reaches the justice
system.
Domestic Abuse Offences: Prosecution Rate
(Carshalton and Wallington)
(Con)
18. If he will take steps to help improve the prosecution rate
for domestic abuse offences. (906212)
The Minister of State, Ministry of Justice ()
The Domestic Abuse Act 2021 will ensure that more perpetrators
are brought to justice. The Act creates new offences such as
non-fatal strangulation, and extends the coercive and controlling
behaviour offence to include former partners. Through the Police,
Crime, Sentencing and Courts Bill, we are also giving victims
more time to report domestic abuse-related assaults so that they
can seek justice.
My constituency sits in the London Borough of Sutton, which,
while having relatively low levels of violent crime, has higher
domestic abuse rates than the London average. Surely poor police
conduct only serves to undermine the efforts to increase
prosecution rates. What work is my hon. Friend undertaking to
encourage domestic abuse victims to come forward and to ensure
that there is confidence in the criminal justice system and
protection for victims and their children?
Trust is the fundamental bond between us, the public, and the
police, prosecutors, the courts and the criminal justice system.
Given recent events, it is right that Members ask difficult and
scrutinising questions of those agencies, but it is also right
that we support the Home Secretary’s review through the Angiolini
inquiry into police attitudes and conduct, as well as the review
carried out by Her Majesty’s Inspectorate of Constabulary and
Fire and Rescue Services. Let me also draw my hon. Friend’s
attention to the success of the Domestic Abuse Matters training.
There is real evidence of improvement in the rates of charging
people with coercive and controlling behaviour offences in police
forces in which that training has been undertaken. Some 32 police
forces have undergone the training. and we expect the rest to
follow so that victims of domestic abuse can be supported.
(Nottingham North)
(Lab/Co-op)
The lack of reporting, understanding and prosecution of domestic
abuse at child contact centres is creating a potential risk at
those venues. Happily, the Domestic Abuse Act committed the
Government to producing a report on this. Is the Minister willing
to meet the all-party parliamentary group on child contact
centres and services to discuss the matter further?
I am happy to take up the hon. Gentleman’s kind invitation. As he
knows, we are very concerned about evidence from the family harms
panel review about how some perpetrators use the family courts to
continue their abuse. I hope the hon. Gentleman will be comforted
by the news that in February we launched an integrated domestic
abuse courts pilot in courts in Dorset and north Wales, which is
testing a more investigative and less adversarial approach to
family court proceedings.
Equality Act 2010: Time Limits for Claims
(Mid Derbyshire) (Con)
23. If he will consider the potential merits of extending the
time limits for claims under the Equality Act 2010 from three to
six months. (906217)
The Parliamentary Under-Secretary of State for Justice ()
The Government continue to look closely at extending time limits
for these Equality Act cases. However, these decisions must take
account of wider impacts across the justice system. The pandemic
has put additional pressure on the entire Courts and Tribunals
Service, and restoring existing service levels needs to be
prioritised before additional loading is added.
Mrs Latham
I thank the Minister for his answer. The Government have
committed to considering extending the time limits for Equality
Act claims in employment tribunals. Currently, a three-month time
limit means that pregnant women have to bring a case in the first
months after birth, and sexual harassment victims have to do so
while they are still incredibly traumatised. That is
unconscionably restrictive, and because it forces people down the
litigation route before mediation is finished, it is probably
also very inefficient. Will the Department deliver an extension
so that those who are subject to workplace harassment and
discrimination can access justice?
I am grateful to my hon. Friend for raising this issue. The
tribunal already has the discretion to provide the extension that
she is seeking, where it considers it to be just and equitable to
do so. This is a Government Equalities Office lead, and as the
Ministry of Justice we are happy to engage with the GEO and to
look at this closely.
Topical Questions
(Kensington) (Con)
T1. If he will make a statement on his departmental
responsibilities.(906228)
The Lord Chancellor and Secretary of State for Justice ()
Last week, I went to The Hague to offer British assistance to the
International Criminal Court in bringing those responsible for
war crimes in Ukraine to justice. Russian commanders carrying out
war crimes should know that they cannot act with impunity and
that, like Karadžić and Charles Taylor before them, their actions
risk landing them in a jail cell. I also set out proposals to
tackle strategic lawsuits against public participation—SLAPPs—to
stop oligarchs using our libel laws to muzzle journalists and
academics.
My constituency has strong links to Ukraine. Can my right hon.
Friend reassure my constituents that this Government will do
everything to support the investigation of war crimes potentially
committed in Ukraine?
We are looking at a package of measures including financial
assistance and also technical assistance, which is crucial to the
preservation of evidence. The kinds of things I am analysing with
colleagues across Whitehall include specialist IT capabilities
and other expert areas such as police and military analysis—all
the things that the ICC will need.
Mr Speaker
I call the shadow Minister, .
(Manchester, Gorton) (Lab)
Can I bring the Minister on to a more domestic issue? Victims of
domestic abuse and other serious crimes are more often than not
denied justice due to the broken criminal justice system. Legal
aid provides a lifeline to those who need it most, but the system
is on its knees due to chronic underfunding. Sir Christopher
Bellamy QC recommended a minimum fee increase not as an opening
bid but as a necessary first step to nurse the legal aid system
back to health. How will the Minister stop the continuing
haemorrhage of criminal solicitors and barristers from the
workforce in the meantime, so that further victims are not denied
access to justice?
We have set out in detail our response to the Bellamy review, and
indeed we matched the Bellamy recommendations on the quantum of
investment and on the 50% uplift for fees. I think it was only
last week that he backed those plans pretty much wholeheartedly,
and I hope he still does.
(Newcastle-under-Lyme)
(Con)
Litigation or the threat of litigation should not be used to
intimidate or to silence things that are in the public interest.
I welcome what my right hon. Friend said last week about SLAPPs.
Can he reassure me, my constituents, journalists across the
country and the wider public that he will do whatever it takes to
support the freedom of the press and freedom of speech more
widely?
My hon. Friend is absolutely right, and we have set out our
proposals on SLAPPs. I also want to bring his attention to the
submission that we had from the media group that involves thei,
The Times, Associated Newspapers, The Daily Telegraph and others,
which talks about the specific proposals we have put forward in
our Bill of Rights to strengthen and reinforce freedom of
expression and media rights as critically important, alongside
the other work we are doing. I hope that the Labour party will
support it.
(Leeds North East)
(Lab)
T2. In December, my constituent Daphne Franks and I delivered a
paper to the Ministry of Justice setting out proposals to end
predatory marriage, but so far nothing has been done, mainly
because the review of wills has been paused by the Law
Commission. Given that the elderly and vulnerable are still being
targeted every day, may I ask the Secretary of State whether he
will now step in and support the legislative changes set out in
our proposal so that we can finally bring this appalling abuse to
an end?(906229)
The Parliamentary Under-Secretary of State for Justice ()
I am grateful to the hon. Gentleman for raising this issue in the
House. I am happy to have a conversation and a meeting with him
to discuss his proposals in greater detail. It is important to
recognise that in the marriage space we are awaiting the outcome
of the Law Commission’s review, which is expected in July. Like
other Ministers in the Department, I will want to have a thorough
look at all these matters in the round.
Dame (South Northampton-shire)
(Con)
T4. Today would have been Harry Dunn’s 21st birthday. Instead,
his twin brother Niall faces this fabulous milestone alone and
there is still no justice for Harry’s family from the tragic
killing of him by an American citizen who was driving on the
wrong side of the road. I know that the hearts of colleagues from
across the House go out to Harry Dunn, his whole family and all
his friends, particularly his brother. Will my right hon. Friend
the Secretary of State, who has done so much to try to help, give
the House an update on what is being done to deliver justice for
Harry?(906231)
Mr Speaker
So that the House is aware, let me say that this is sub judice,
so please be cautious in your answer, as I would expect that you
would be.
Thank you, Mr Speaker, I will be mindful of what you say. First,
let me thank and pay tribute to my right hon. Friend, who has
championed the Dunn family and the memory of Harry in the most
remarkable way. Of course my heart goes out to Tim, Charlotte,
Bruce, Tracey and all the family right now. Indeed, I was
thinking about Tracey and Charlotte in particular as we prepare
for Mother’s day this week. I can tell my right hon. Friend,
without tripping up in the way that Mr Speaker described, that
the whole Government and I wholeheartedly support the Foreign
Secretary’s ongoing efforts to secure a virtual trial so that we
can see justice done for Harry and his family.
(Glasgow North) (SNP)
T6. Will the Secretary of State confirm clearly, for the
record, that the Government will not make changes to the Human
Rights Act without legislative consent from the devolved
institutions?(906234)
The hon. Gentleman will know, because I have said it in the House
on a number of occasions, that it would be inappropriate to
consider the application of the Sewel convention until we have
the text of the Bill of Rights, but he will not have to wait too
much longer for that.
Dame (Gosport) (Con)
T5. Will my right hon. Friend look again at whether there are any
opportunities to support grandchildren to have better access to
their grandparents following a divorce or
bereavement?(906233)
I am grateful to my hon. Friend for raising this issue. The
Government understand the important role that grandparents often
play in children’s lives—I can very much relate to that through
my own experiences growing up—and the stability they can provide,
particularly during times of divorce, separation or bereavement.
I know that she had a productive meeting with my right hon.
Friend the Deputy Prime Minister recently. This matter is under
active consideration at pace and we will revert to her as quickly
as possible.
(Coventry North West)
(Lab)
T8. One of my constituents, after leaving a near two-decade-long
abusive relationship, reported an assault to the police, but she
was then told that the statute of limitations on her case had run
out, as it was not processed in time, which means that she will
never see justice. What steps will the Minister take to reform
the statute of limitations process for victims of assault in
abusive relationships?(906236)
The Minister of State, Ministry of Justice ()
I hope that the House will understand that I must not comment on
an individual case, but for offences that are triable either
way—assault and occasioning actual bodily harm—or those that are
indictable only, there are no such time limits. One category of
offence—common assault charges—does have the traditional
six-month time limit. Exactly the situation the hon. Lady has
described is what we are seeking to change for the better through
the police Bill. We are removing that six-month time
limit—extending it to two years—so that cases of the sort she
describes will not hit that legal barrier to securing justice for
victims.
(Darlington) (Con)
T7. I commend my right hon. Friend the Minister for the steps he
has taken recently to publicise community payback to tackle
antisocial behaviour. In Darlington, antisocial behaviour
involving off-road bikes and quad bikes causes tremendous
trouble; will the Minister outline what steps he will take to use
community payback to tackle that?(906235)
The Minister for Crime and Policing ()
I am pleased that my hon. Friend recognises that dozens of teams
of offenders are fanning out across England and Wales and doing
fantastic work, paying back into their community by improving the
environment. My hon. Friend has been a persistent campaigner on
the antisocial behaviour that quad bikes bring to his
constituency and I know he will have conversations with his local
police and crime commissioner about what the police can do to
catch the individuals responsible. When they do catch them, it is
absolutely appropriate that they pay back into the community
through the kind of work that we now see on a daily basis. It
might also be appropriate to GPS tag offenders so that we know
where they are moving at speed off-road.
(Hammersmith) (Lab)
If, as the Secretary of State said earlier, he is concerned about
the oppressive use of litigation costs in SLAPP cases, will he
look into the same problems in respect of media cases? Will he
consider introducing—perhaps in his Bill of Rights—the type of
low-cost arbitration recommended by the Leveson inquiry?
I recognise the issue that the hon. Gentleman wants to deal with
but we are not going to rake over the old coals of that
debate.
(Wimbledon) (Con)
My right hon. Friend the Minister recently met me and my
constituent Donna Mooney to discuss imprisonment for public
protection sentences. Will he update the House on the progress of
his thoughts on the matter and whether he plans to bring forward
any plans for reform?
I had a useful and informative meeting with my hon. Friend and
his constituent. As he knows, we have in place an action plan for
IPP sentences that we are prosecuting with, I hope, some verve
and energy to drive down the numbers. My hon. Friend will know
that the Justice Committee held an inquiry into IPP sentences; we
await its conclusions before we look at the next steps.
(Harrow West) (Lab/Co-op)
My constituent Huw Davies is struggling to regain control of a
home that he has owned for many years and is wondering when there
will be tougher action to prevent lasting powers of attorney from
being taken out fraudulently. Will Ministers set out what they
are doing to toughen up the law and to toughen up the enforcement
activity in respect of lasting powers of attorney?
I am grateful to the hon. Gentleman for raising an issue of which
we are mindful. He will know that we are soon to embark on a
process to reform lasting powers of attorney, to make sure that
all the processes are fit for the modern world, that incidents of
abuse and fraud are tackled robustly and that all the right
checks and mechanisms are there.
(Warrington South) (Con)
I welcome the work that my hon. Friend the Minister has been
doing to recruit more magistrates and the changes to the
retirement age to enable senior magistrates to sit for longer.
Will he tell us about the plans to introduce powers to keep more
cases in the magistrates court and when he expects those powers
to come into effect?
The Parliamentary Under-Secretary of State for Justice ()
My hon. Friend is, of course, a serving magistrate and speaks
with great authority on these matters. As he knows, the Judicial
Review and Courts Bill, which contains key parts of those powers,
has not yet received Royal Assent. On my hon. Friend’s other
point, I can confirm that the Public Service Pensions and
Judicial Offices Bill recently received Royal Assent. The Public
Service Pensions and Judicial Offices Act 2022 raises the
statutory mandatory retirement age to 75. As my hon. Friend says,
that is an important measure to ensure that we maximise the
number of people in our judicial labour force.
(Rhondda) (Lab)
Does not Mariupol alone demand that we go even further on
sanctions in relation to Russia? Could we not sanction all the
Russian banks, rather than just 60% of them? Should we not be
taking action against the oil and gas companies? Should we not be
removing tier 1 visas from people in the UK who have them and
have not yet condemned the war in Ukraine? Should we not be
putting more pressure on companies—such as Infosys in India—that
have big investments in Russia? Should we not make sure that all
the family members and apparatchiks are also sanctioned?
The hon. Gentleman is absolutely right that we should continually
challenge ourselves. The most important thing, though, is that we
are focused on and targeted at those either with direct links
into the Kremlin or who fund or indirectly fund, to put the
squeeze on Putin’s war machine.
(Barrow and Furness) (Con)
On 30 March last year, my constituent Tim Dack sadly passed away
from covid-19. Before he passed away, he woke up from his coma
and he proposed to his partner; she was then doubly saddened to
find out that she could not be listed as his partner on his death
certificate, despite the fact that they had lived together for
multiple years. My understanding is that there are uncommenced
provisions in the Coroners and Justice Act 2009 that would allow
such listing to happen. Might one of my Front-Bench colleagues be
able to enlighten me on when those changes will be brought
forward?
I am grateful to my hon. Friend for raising that difficult and
tragic constituency case. I would be grateful if he took the
opportunity to meet me to discuss it in more detail, so that I
can understand the circumstances and provide a full response.
(Newport West) (Lab)
Last week, I received an email from the Gwent Citizen Panel about
the consultation on the Government proposals to scrap the Human
Rights Act 1998. The Government produced a consultation on 14
December but did not produce an easy-read version, nor any other
versions, such as one in British Sign Language, an audio version
or one in Makaton. Why was that?
I will look at the various variations the hon. Lady has referred
to; I will make sure to get her an answer by correspondence
within the week.
(West Suffolk) (Con)
Are the Secretary of State and the Minister for prisons aware of
the shocking report out this morning by Ofsted and Her Majesty’s
inspectorate of prisons, which describes a terrible level of
reading ability in prisons and a lack of progress over recent
years? What plans do the Government have to put in place the
recommendations of the 2016 Coates report and to ensure
accountability, so that prison governors understand the vital
nature of teaching all prisoners to read? Without that skill,
there can be no serious rehabilitation.
I thank my right hon. Friend for his attention to this issue and
wider issues of education within the prison system. We absolutely
understand the criticisms made in the report. I hope we have
pre-empted some of the report’s observations through the “Prisons
Strategy” White Paper, which shows the Government’s determination
to cut reoffending through rehabilitation. The White Paper
includes, for example, the development of personal learning plans
for prisoners and the introduction of new prison key performance
indicators in English and maths, so that we can hold prisons to
account for the outcomes they achieve for prisoners.
(Huddersfield)
(Lab/Co-op)
On this day five years ago, our lovely friend, the policeman
Keith, was tragically killed—it haunts us all.
Can I ask a question about a real crisis occurring in the
criminal justice system—the failure to attract the right number
of young recruits into criminal law? Civil law and commercial law
are so well paid that we cannot attract young men and women into
criminal law. It is a real crisis. What is the Secretary of State
going to do about it?
I thank the hon. Gentleman. He is right to say that there are
difficulties in this area. If he reads our response to the
Bellamy review, he will see that there are a number of ways that
we want to address the issue, including by increasing fees and
breaking down some of the barriers, for example through the
promotion of CILEX, so that we can encourage more non-graduate
routes into the profession. That will help with not just the
volume but the diversity of practitioners.
