Probation Service
(Islwyn) (Lab/Co-op)
1. What recent assessment he has made of the adequacy of staffing
levels in the probation service. (900892)
The Minister for Crime and Policing ()
The probation service is committed to increasing recruitment to
fill probation officer vacancies. The adequacy of staffing levels
is monitored on an ongoing basis through operational management
and plans around recruitment and retention.
I recently spoke to a probation officer who is off work due to
stress. They told me:
“We are losing no end of experienced officers and management
doesn’t seem to care.”
With record levels of staff leaving the service and overworked
officers fearful that any wrong decision could lead to tragedy,
what specific actions will the Minister take to improve working
conditions for probation officers?
Although, obviously, people do leave the probation service from
time to time, I hope the hon. Gentleman recognises the very
vigorous recruitment campaign over the past three years. We have
taken on: 1,007 new recruits in 2020-21; 1,518 in 2021-22; and
1,500 more this year. However, he is right that we need to work
hard to make sure that we retain staff as well. There is a
variety of strategies that we can put in place to make sure that
that is the case, not least looking at the workload, which is
often a cause of stress and strain. I am pleased to say that the
latest numbers tell me that only 4% of probation officers have a
workload above the recommended maximum, and there are obviously
reasons why that may be the case. Having said that, there is,
obviously, much more that we can do, and one of those things is
to agree a productive and helpful pay settlement. We are in
conversation with the unions and, indeed, with colleagues in the
Treasury about reaching a conclusion on those discussions
soon.
Mr Speaker
I call the shadow Minister.
(Lewisham West and Penge)
(Lab)
Dedicated probation officers are telling me that they cannot
manage their workloads as it is. One said:
“I used to spend about an hour each week with my high risk cases,
but that simply isn’t possible with my current caseload. I no
longer have confidence I can manage my cases in a way that keeps
the public safe”.
After the Prime Minister’s pledge to cut civil service numbers by
a fifth, will the Minister now rule out any more cuts to the
probation service?
As I said in my previous answer, we are always reviewing case
loads. I know the hon. Lady will recognise that the Inspectorate
of Probation report on case loads, workloads and staffing numbers
indicated that the recommended case load should not exceed 50,
although it also said that there should not be a precise target.
I am happy to tell her that 96% of probation officers and
probation service officers hold fewer than 50 cases, with an
average caseload of 34. Having said that, we recognise that the
profession, which is valuable and does important work, presents
particular stresses and strains. As part of the reunification
process, and moving towards a target operating model, staff
wellbeing and welfare will be a key element in our
considerations.
Reoffending Rates
(Colne Valley) (Con)
2. What steps he is taking to reduce reoffending rates.
(900893)
(North Devon) (Con)
3. What steps he is taking to reduce reoffending. (900894)
(Hastings and Rye)
(Con)
19. What steps he is taking to reduce reoffending. (900915)
The Lord Chancellor and Secretary of State for Justice ()
Let me take the chance, on behalf of those on the Conservative
Front Bench and, I believe, on all the Benches behind me, to
offer our condolences to the shadow Justice Secretary on the
passing of his father.
The overall reoffending rate has decreased by 5 percentage points
from 31% in 2009-10 to 26% in 2019-20. Over that period,
reoffending rates for robbery, criminal damage, arson, drug
offences and sexual offences have all fallen.
I very much welcome the work that is being done to reduce
reoffending rates. I vividly remember visiting Armley Jail and
hearing about the work being done there. A big part of this work
is transitioning ex-offenders into work. What role does my right
hon. Friend see apprenticeships playing in that work?
My hon. Friend is right: the work that we are doing on skills and
education right the way through to getting offenders into work is
vital. I am very pleased, as he may know, that, working with the
Department for Education, we are introducing a statutory
instrument to introduce apprenticeships in prison. That SI will
pass in September, and we will start the first apprenticeship
straight away.
The top 10 repeat offenders being dealt with by police in North
Devon have committed 108 offences in April to June this year. As
the police themselves say, many of these individuals have
previously been in prison—some on multiple occasions—but the
offending cycle continues. What more can be done to reduce repeat
offending, as, locally, the current system is clearly not
delivering that desired outcome?
By 2024-25, we will be investing £200 million a year, in dealing
with skills and work, as I have already said, and also with drug
rehabilitation, particularly sustainable absence-based drug
rehabilitation. The further action that we are taking on
resettlement passports will avoid that potential cliff edge when
an offender leaves prison, and makes sure that the wraparound
care is there as they transition.
Sussex prisoners’ families have highlighted how important
families of offenders, particularly prisoners, are in reducing
offending. Prisoners’ families are often forgotten about in the
criminal justice system, but research shows that if prisoners
have a supportive family, they are less likely to offend. What
steps is my right hon. Friend taking to support such families,
thereby helping to make our communities stronger and safer?
My hon. Friend is absolutely right; research shows that the odds
of reoffending are 39% higher for prisoners who did not have
visits from family or friends while they were inside prison. That
is why the new builds, Five Wells and the others, have not only
in-cell technology that can facilitate dialogue and close family
ties, but family centres to ensure that the ties that bind, and
can cut crime by reducing reoffending, are strengthened and not
weakened.
(Stretford and Urmston)
(Lab)
Careful parole decisions are important to minimise reoffending.
Can the Justice Secretary explain why new Parole Board rules will
mean that expert report writers will be forbidden to provide a
view on suitability for release of the most serious
offenders?
At the moment, when the vital question of risk is assessed, there
is a risk that separate reports, whether from psychiatrists or
probation officers and those who manage risk, may give
conflicting recommendations. Therefore, in those serious cases
that the hon. Lady refers to, there will be one overarching
Ministry of Justice view, so that the Parole Board has a very
clear steer and we make sure—the hon. Lady shakes her head, but I
think she agrees with me—that the overriding focus is on public
safety and protecting the public.
Mr Speaker
I call the shadow Secretary of State.
(Croydon North) (Lab/Co-op)
I thank you, Mr Speaker, the Secretary of State and other hon.
Members for their condolences on the passing of my dad, Roy Reed,
a few days ago. Everyone’s very kind words were a great comfort
to our family at a very difficult time.
Community payback is vital for reducing reoffending and giving
justice to victims, but the number of hours completed by
offenders has been falling since 2017. It fell in 2018 and again
in 2019, before anyone had heard of covid-19. Please can the
Secretary of State explain why?
There is renewed investment going in to community payback. There
has been a covid effect since the years the hon. Gentleman
mentions; I know he has raised the issue of those obligations
being discharged from home, but that will all be phased out by
the autumn. This is a valuable scheme for restorative justice, so
that the public see those who have committed crimes making
recompense.
Prison Officers: Pension Age
(City of Durham) (Lab)
4. What discussions he has had with Cabinet colleagues on the
effect of the pension age of prison officers on staff (a)
recruitment and (b) retention. (900896)
The Minister of State, Ministry of Justice ()
The Government are committed to recognising the extraordinary
public service carried out by our hard-working prison staff and
officers, and to ensuring that we have a modern employment offer
that attracts and retains the very best. I am listening to and
working with officers, staff and trade unions on all employment
matters.
The Minister agreed more than six months ago in this place and on
a number of other occasions to meet with the professional trades
union for prison, correctional and secure psychiatric workers—the
Prison Officers Association—to discuss prison officer pension age
as a standalone issue. Yet I am informed that that meeting is yet
to happen or even to be scheduled. Does the Minister understand
that making promises to prison officers and then breaking them is
an insult to hundreds of my constituents in Durham, but entirely
consistent with the way this Government treat those brave and
loyal workers?
I thank the hon. Lady for raising this matter. I have in fact met
the Prison Officers Association; indeed, I was delighted to
attend its conference in Eastbourne a couple of months ago. I
note in passing that sadly the Opposition were not able to accept
the union’s kind invitation to attend that same conference. In
terms of pensions, I am determined to have a good employment
offer for all our officers. I will continue to meet the POA union
and the other unions that work in our prison estate. I emphasise
both to officers and to staff that we want to ensure that the
hard work they put in to our prison service is reflected in the
coming months in the offer we put to our staff.
Rape and Sexual Abuse Victims
(Strangford) (DUP)
5. What steps his Department is taking to support victims of rape
and sexual abuse. (900897)
The Minister of State, Ministry of Justice ()
The Government are committed to supporting victims of rape and
sexual violence. We have seen rape convictions increase by two
thirds since 2020, but we are committed to doing much more and
going further. Last year the Government announced our ambitious
end-to-end rape review action plan, which includes quadrupling
the funding for victim support from £41 million in 2009-10 to
£192 million by 2024-25. More than half of all Crown courts are
equipped to use pre-recorded cross-examination and re-examination
for vulnerable witnesses, to make the experience of giving
evidence to the courts less daunting. There is much more
happening, and I know the hon. Gentleman takes a close interest
in these matters.
I thank the Minister, who clearly has a very clear strategy to
move forward. However, recent statistics from the charity Rape
Crisis state that in 2021 only one in 100 victims of rape felt
they could report it to the police, with some feeling completely
unable to do so due to intense fear and angst about reprisals
from the perpetrator. What steps will she take to ensure that
victims feel that they can come forward and place their trust in
the authorities, to find the closure they so very much want?
The hon. Gentleman is right to identify the concerns that victims
have from the very first moment of reaching out for support from
the police in reporting these offences. As I say, we have
conducted a forensic end-to-end review of the criminal justice
system. Part of that includes ensuring that the police conduct
so-called suspect-focused investigations whereby, rather than
looking at the witness’s credibility, they focus on the suspect’s
behaviour. We will be rolling this out nationally over the coming
year, and I very much hope and expect that we will begin to see
some real results from that.
Mr Speaker
I call shadow Minister .
(Lewisham West and Penge)
(Lab)
Three years on from the Government’s end-to-end rape review,
little has changed, with victims waiting three years for their
case to get to court, section 28 rolled out in 37 out of 77 Crown
courts, and specialist rape courts to be piloted in just three.
When I raised the Conservatives’ appalling record in Parliament
last week, the Minister accused me of
“false, damaging and intemperate language”,
but I make no apology for standing up for victims. Does she
accept that it is her Government’s actions and not my words that
are letting rape survivors down?
I am extremely grateful to the shadow Minister for raising that
matter. You know, Mr Speaker, that I wrote to you privately
concerning conduct in this Chamber, because how we conduct
ourselves in this Chamber matters: it has implications far beyond
these walls for victims of crime. I raised this privately in a
letter to you, Mr Speaker. I copied in the hon. Lady, as a
professional courtesy, and it has mysteriously found its way into
The Guardian newspaper; I know not how that could have happened.
Just on a matter of House business, it is a very great shame that
when colleagues express discreetly concerns about conduct in this
Chamber, it becomes a matter for the national newspapers.
Turning to the hon. Lady’s allegations, we have more victims
reporting their crimes to the police and the Crown Prosecution
Service charging more perpetrators. We have timeliness in the
Crown court improving by five weeks on last year. What is more,
we have seen the conviction rate increase since last year, by two
thirds. These are steps towards the targets that we want to meet.
I do not for a moment claim that our work is done, but we must,
for the sake of victims, ensure that we give them the reassurance
and the support they need to bring these allegations to
light.
Support for Victims of Crime
(Stoke-on-Trent North)
(Con)
6. What plans he has to improve support for victims of crime.
(900898)
(East Devon) (Con)
9. What plans he has to improve support for victims of crime.
(900902)
(Sleaford and North
Hykeham) (Con)
12. What plans he has to improve support for victims of crime.
(900906)
(Rugby) (Con)
17. What plans he has to improve support for victims of crime.
(900912)
The Parliamentary Under-Secretary of State for the Home
Department ()
Our landmark victims Bill will improve support for victims and
help to give them confidence that if they report a crime the
criminal justice system will treat them in the way that they
should expect. We have increased the funding for victim and
witness support services to £192 million by 2024-25—quadruple the
level in 2009-10. With this funding we are increasing the number
of independent sexual and domestic violence advisers to over
1,000—a 43% increase over the next three years—and introducing a
24/7 support line for victims of rape and sexual violence.
Last June, a six-year-old girl was tragically killed when a car
hit her and her father as they walked along a road in
Stoke-on-Trent North. The victim’s mother has had to wait over a
year, suffering in silence, because the defendant took so long to
give permission for his blood sample to be tested. If a person
has done nothing wrong they should have nothing to fear. That is
why I am campaigning for an amendment to section 7 of the Road
Traffic Act 1988 for blood testing to take place without
permission, required where loss of life has occurred, to give
victims the answers they deserve and need quicker. Would my hon.
Friend support such a change?
I am grateful to my hon. Friend for raising this terrible tragedy
in the House today. The impact on the family is unthinkable and
what has happened is just awful. He will recognise that the
measures introduced in the Police, Crime, Sentencing and Courts
Act 2022—with his support—came into force last week, tightening
the offences and reflecting the culpability of offenders and the
devastating harm that these crimes cause, as well as introducing
a new offence of causing serious injury by careless driving. The
Department for Transport is about to launch a call for evidence
looking at motoring offences, and I know it is keen to engage
with my hon. Friend on that.
The draft victims Bill is a huge step forward to help victims
recover from the impact of crime. Does my hon. Friend agree that
proper funding for victim support services in Devon and elsewhere
is also essential?
I hope that I can reassure my hon. Friend that the victims Bill
focuses on delivering improvements to the quality and consistency
of victim support services, backed up by more funding than ever
before, with £192 million by 2024-25—a four times increase on
2009-10—as well as a multi-year commitment that gives victim
support services confidence to plan for the future. That will
benefit people in East Devon, and it is fair to say that this
Government are committed to delivering on our promises.
Dr Johnson
With the victims Bill, a quadrupling of money for support
services and the lengthening of sentences, it is clear that this
Government are on the side of victims. One key expectation of
victims is that justice will be served and prisoners will not
escape, yet twice this year violent sexual offenders have escaped
from a Lincolnshire prison, causing anxiety and danger to my
constituents. What is the Minister doing to ensure that that does
not happen again?
I am hugely grateful to my hon. Friend for her support for the
measures we are introducing through the victims Bill, and I know
that the prisons Minister, my hon. Friend the Member for Louth
and Horncastle () would be willing to speak
to her about the specific issue of absconding. What I can say is
that we are tightening the rules governing open prisons with a
tough three-step test and greater ministerial oversight, which I
hope will give her confidence on this issue.
I would also like to raise the case of a constituent, because in
an act of outstanding bravery, Sheila Whitehouse went to the aid
of a neighbour who was being viciously attacked by a dog. The
owner had no insurance, and when the case came to court, Sheila
was awarded just a token sum. She suffered life-changing
injuries, but had no compensation through the Criminal Injuries
Compensation Authority. Will the Minister review the eligibility
for compensation for those injured in such circumstances as
Sheila’s?
I am very sorry to hear about this particular incident, and I
commend, as my hon. Friend did so brilliantly, Sheila’s bravery
in stepping in to help the individual affected. The criminal
injuries compensation scheme exists to compensate for serious
physical or mental injury attributable to being a direct victim
of a crime of violence. The scheme is publicly funded, which
means that there are strict eligibility criteria. An animal
attack will amount to a crime of violence only where the animal
was used deliberately to inflict injury. In 2020, we had a
consultation on proposals to make claiming compensation simpler
for victims of violent crime. We set out that expanding the
definition of a crime of violence would go far beyond the
original intention of the scheme, but we will be publishing a
response in due course.
(Kingston upon Hull East)
(Lab)
I am afraid to tell the Minister that victims of crime are being
further let down by the Government’s terrible handling of the
Criminal Bar Association dispute. I know that a Minister has now
finally agreed to meet the Bar Council and the Criminal Bar
Association, and I think that meeting is tabled for next week,
but what they need to know at that meeting is when the Department
will set a timetable for implementing the money that Sir said was needed
urgently. Incidentally, Sir , who I have a great
deal of respect for, is now a member of the House of Lords. When
is that money coming?
No doubt the Under-Secretary of State for Justice, my hon. Friend
the Member for South Suffolk (), will be answering
questions on that from Members on both sides of the House. I have
heard what the hon. Gentleman said, but I note that the
Opposition backed the Bellamy review and its outcomes, which we
are getting on with delivering.
Mr Speaker
We now come to the shadow Secretary of State.
(Croydon North) (Lab/Co-op)
As we have heard, Members on both sides of the House want
victims’ needs to be put first, so why did the Secretary of State
tour the TV studios to defend the Prime Minister for ignoring the
victim of predatory sexual behaviour by a former Foreign Office
Minister when he promoted him to Deputy Chief Whip, despite
having been alerted to that behaviour by the permanent
under-secretary and despite the Minister in question having
admitted to the behaviour?
My clear understanding is that the hon. Gentleman is wrong about
that, but of course it is right that the processes that have been
set out should be allowed to run their course. All hon. Members
take a very dim view of people being ill-treated and it is right
that due process can now be followed. What is not in question is
the Government’s determination to ensure that outcomes for
victims are better; the funding and the measures in the Bill are
there, and we will get on and deliver that.
Courts System
(Northampton South) (Con)
7. What steps his Department is taking to modernise the courts
system. (900899)
(Montgomeryshire) (Con)
8. What steps his Department is taking to modernise the courts
system. (900900)
The Parliamentary Under-Secretary of State for Justice ()
We are investing £1.3 billion in transforming the justice system,
including by introducing 21st-century technology and online
services to modernise the courts. Digital reforms and simplified
services are removing simple cases from court; cutting down on
unnecessary paperwork; and helping some of the most vulnerable
people, who are facing difficult situations, to get justice as
quickly as possible. That is also critical to enable us to
recover workloads in courts and tribunals, which are still
experiencing the impacts of the pandemic.
It takes private landlords an average of about nine months to
repossess a property through the courts, and the end of section
21 repossessions will lead to more cases. The rental reform White
Paper committed to improving the courts system. Will the Minister
commit to those reforms being in place before the Government make
changes to the way that private rented tenancies operate?
My hon. Friend asks an important question. I can confirm that on
16 June, the Government published their response to the
“Considering the case for a Housing Court” call for evidence.
Moreover, we are injecting more than £10 million a year into
housing legal aid through our reforms to the housing possession
court duty scheme. By 2023, we will modernise how the courts deal
with possession claims as part of the Her Majesty’s Courts and
Tribunals Service reform programme that I referred to. We will
further streamline the court process to ensure that landlords can
get possession in the most urgent circumstances. Finally, we will
continue to make administrative efficiencies to maximise bailiff
resource for enforcement activity, including the enforcement of
possession orders.
I thank the Minister for his substantive reply. Modernising the
courts system is essential if we are to clear the covid backlog
and get victims the justice they need. I ask him to update the
House on video technology and remote hearings, and how they can
help.
My hon. Friend raises an excellent point. We have to understand
that when the pandemic hit, it presented the greatest challenge
to collective access to justice for many decades. We cannot
underestimate the way that technology in every jurisdiction,
including Scotland and England and Wales, helped to ensure that
we maintained access to justice as far as possible. To confirm,
more than 70% of all courtrooms, including more than 90% of Crown
courtrooms, are fitted with our video hearings platform, which
enabled up to 20,000 cases to be virtually heard every week at
the height of the pandemic. Of course, whether a specific hearing
is heard remotely or in person is a matter for the independent
judiciary, but I confirm that we work closely with it through
HMCTS to look at what more we can do to increase throughput and
output in our courts by the use of technology.
(Walsall South) (Lab)
What is the point of having a modernised courts system if we do
not have the lawyers to go with it? On what date will the
Minister meet members of the Criminal Bar Association to discuss
pay and a modernised courts system?
I am grateful to the right hon. Lady. Further to the question of
the hon. Member for Kingston upon Hull East (), I can confirm that I have met
the chair of the Criminal Bar Association seven times since the
publication of the independent review of criminal legal aid. My
officials meet representatives of the CBA almost weekly, so there
is lots of engagement going on. I meet frequently with the Bar
Council and the Law Society, because we have to remember the
criminal solicitors’ view in all this as well. I can clearly
confirm that we have decided to increase most of the key criminal
legal aid fees by 15% from the end of September. We think that is
a generous offer, as I am sure most of our constituents would
agree, in the light of what is happening with the economy. I urge
those engaged in disruption to reconsider so that we can get back
to reducing the backlog, instead of threatening to increase
waiting times.
(Hammersmith) (Lab)
The courts system relies on litigants having access to
appropriate advice and representation, so why are the Government
cutting funding to the Support Through Court charity and
extending fixed recoverable costs to housing cases that will
prevent law centres and other providers from having the means to
represent vulnerable tenants against bad landlords, including in
disrepair and unlawful eviction cases?
On the hon. Member’s first point, I have provided a written
answer, which I will happily forward to him—I cannot remember if
the question was from him—in which the existing position on
funding was clarified. I am confident that we have put in a huge
funding package across the justice system, with £477 million to
support court recovery in the spending review. That is a
significant investment, but I am more than happy to look at what
has happened to funding for specific charities.
(Harrow West) (Lab/Co-op)
As the Minister considers how to modernise the courts system
further, he might want to reflect on the lessons learned—or
not—from a court case in 1984, when 37 workers from the Cammell
Laird shipyards were unjustly imprisoned at a maximum security
prison, and as a result were sacked, blacklisted, and lost
redundancy and pension rights. Will he commit today to examine
what papers his Department and the rest of Government hold on
this case so that such an injustice can never happen again?
If the hon. Member writes to me, I will be more than happy to get
my officials to look into that historical case.
(Christchurch) (Con)
My hon. Friend talks about implementing the Bellamy review, but
that recommended a 15% rise immediately. As I understand it, the
Government are saying there will only be a 15% rise from
September, and that will only be in respect of new cases. Why do
the Government not commit themselves to implementing the Bellamy
review, thereby ensuring that our courts are not blocked as they
have been?
I am grateful to my hon. Friend, as ever. What the Bellamy review
said was that the increases should be delivered as soon as is
practicable, and I am 100% certain that we are doing so. We had
to consult, which is a requirement under public law principles,
and we have to legislate through a statutory instrument, which is
the parliamentary procedure, but I am confident that we are
delivering this as fast as we can. There have been calls for the
increases to somehow be backdated to existing work, but there are
huge legal questions about that and it is also very difficult
practically. How practical would it be, politically, to start
delivering backdated increases in public sector pay?
International Criminal Court: Ukraine
(North Ayrshire and Arran)
(SNP)
10. What support his Department is providing to the International
Criminal Court’s investigation into war crimes in
Ukraine.(900904)
The Lord Chancellor and Secretary of State for Justice ()
We have offered the International Criminal Court a comprehensive
package of financial and technical support to ensure that leaders
under President Putin and those in the field can be held to
account for any war crimes in Ukraine.
The International Criminal Court celebrated its 20th anniversary
last week, but it is striking that in that time the Court has
managed only three war crime convictions. Does the Secretary of
State agree that, if the Putin regime is to be held accountable,
that will only happen with sustained international support and
funding? Has he had discussions with international counterparts
in Governments who are not members of the International Criminal
Court to encourage them to join?
I thank the hon. Lady, and she is absolutely right that the Court
can only do so much. It is not an overarching justice system with
all the investigators, witness relocation schemes and enforcement
powers that a domestic scheme or a domestic jurisdiction would
have. We have provided financial support and a dedicated liaison
officer from the Met, based in The Hague, to facilitate
information co-operation. We have offered military analysis
support and witness protection support. I have had discussions,
and so has the Foreign Office, with other supportive states
parties, including the US war crimes ambassador, about how they
can support the ICC in ensuring that there is accountability for
war crimes in Ukraine.
(Newark) (Con)
Does my right hon. Friend agree that the decision of Russia and
its proxies to place on trial four British nationals—three of
whom are serving members of the Ukrainian armed forces, and the
other is a civilian—and subject them to a kangaroo court,
sentencing two of them to death, amounts to a war crime? What
support will he give to the Ukrainian authorities, specific to
these cases, to help them amass the evidence they will need in
due course to bring all those concerned to justice?
My right hon. Friend is absolutely right: this is another
unlawful act, taking Russia further and further into pariah
status. We have said that clearly, and our allies have too. On
Ukraine, as well as the support that we are providing to the ICC,
I have had meetings with the Ukrainian Minister of Justice and
the Ukrainian Prosecutor General, to ensure that they have all
the support that we can practically provide in relation to the
domestic investigations they are conducting.
Duty Solicitors: England
(Liverpool, Riverside)
(Lab)
11. What assessment he has made of the effect of availability of
duty solicitors in England on access to justice. (900905)
(Lewisham East) (Lab)
13. What assessment he has made of the effect of availability of
duty solicitors in England on access to justice. (900908)
The Parliamentary Under-Secretary of State for Justice ()
The Legal Aid Agency keeps market capacity, including the number
of duty solicitors on each local duty scheme, under constant
review, to ensure that there is adequate provision of legal aid
throughout England and Wales. The LAA is satisfied that there
continues to be sufficient duty solicitor coverage across all
duty schemes in England and Wales, and it moves quickly where
issues arise to secure additional provision and ensure continuity
of legal aid services. Provision under the duty scheme is demand
led, so there may be variations in numbers across each local
rota, or other fluctuations in numbers. A procurement exercise
for new criminal legal aid contracts commenced on 1 October and
is currently under way. The LAA will publish lists of providers
and duty solicitors under those contracts, once the contract has
commenced.
I send my solidarity and support to the barristers in Liverpool,
and to those striking nationally over unsustainable cuts to pay
and conditions and the failing justice system. Merseyside and
Vauxhall law centres in my Liverpool, Riverside constituency do
an excellent job providing legal support to people losing their
homes. What steps is the Minister taking to review the shortages
of duty solicitors at housing possession court, and what are his
plans to improve that, because it is not a consistent
approach?
The hon. Lady says that she stands in solidarity with the
striking barristers. I remind her that back in February, before
the publication of our response to the independent review of
criminal legal aid, she attended a debate on legal aid in the
north-west. Every Labour MP who spoke supported a 15% increase in
fees, including three Labour MPs who would subsequently go out
with the RMT. They supported 15% then, as did those on the
Opposition Front Bench. Do they still support 15% now? If they
do, they should not be supporting the strike action when we have
that offer on the table. By the way, that 15% increase includes
duty solicitors. It will increase the police station scheme
funding. That is why it is good news for the criminal legal aid
solicitors the hon. Lady is talking about.
Last week I visited Boothroyd Solicitors, who provide legal aid
services in my constituency. They told me that despite being very
busy, the business costs of their work, mixed with cuts to
criminal legal aid, mean that they and many other criminal duty
solicitors are in financial difficulties. They are receiving
promises from the Government, but no action. Boothroyd Solicitors
warns that access to an availability of duty solicitors will be
severely impacted in the years ahead, if it is not tackled now.
Will the Government urgently address that?
We all want to see thriving duty rotas in our police stations,
and it is incredibly important that we support funding for
criminal legal aid for the police station scheme. That is why we
are increasing those fees by 15%. Indeed, I confirm that in
relation to police station fees, the actual increase overall is
18%, as that will include expected additional expenditure,
including pre-charge engagement. In total it is an 18% increase
for police station duty solicitors. In addition, we want to see a
new generation coming through, so we will also be ensuring that
those with Chartered Institute of Legal Executives qualifications
can more easily participate in the duty solicitor scheme.
Mr Speaker
I call the Chair of the Justice Committee.
(Bromley and Chislehurst)
(Con)
The Minister knows that the Justice Committee welcomed the
Government’s acceptance of Sir Christopher Bellamy’s review,
which relates to fees for both barristers and solicitors in
criminal work. We all want barristers and solicitors to return to
accepting instructions in all forms of case. The Minister will
also remember that Sir Christopher’s review stated that the £135
million that is being paid, I grant in tranches, and subject to
certain reforms, was
“the minimum necessary as the first step in nursing the system of
criminal legal aid back to health after years of neglect”.
The “minimum necessary” first step. Will the Minister reassure
practitioners of both professions that he accepts it is a first
step, and that the Government are willing, able and ready to
engage with the professions on the second step? Reassuring that
good faith would make it easier to resolve the current
impasse.
I am grateful, as ever, to the Chair of the Justice Committee. He
may have seen that on Friday I published an article in the Law
Society Gazettewhere I said that now that we have confirmed we
will be legislating to deliver 15% increases to most criminal
legal aid fee schemes by the end of September, I am keen that we
move on to the next phase of reform. I am keen to engage with all
parties, including the Criminal Bar Association, on how we can
deliver that next stage. Everybody, including the CBA and the Bar
Council, wanted this to be done in stages so that we could get in
the initial increases as fast as possible, and that is what we
are committed to.
Lammy Review
(Edmonton) (Lab/Co-op)
14. What recent progress he has made on the implementation of the
recommendations of the Lammy review. (900909)
The Parliamentary Under-Secretary of State for Justice ()
We have implemented almost all the actions that we committed to
in response to the Lammy review and our work continues on the
longer-term recruitment targets for HMPPS. That work is firmly
embedded in the HMPPS race action programme: a significant
three-year investment to deliver long-term change in inequality.
We recognise that the Lammy review was an important start, not a
complete solution, and our work has evolved considerably. Central
to that are our commitments in the inclusive Britain
strategy.
The Government’s offensive Sewell report sought to dismiss
evidence of institutional racism in Britain, yet we know that
systematic discrimination remains rife in the criminal justice
system, such as the proportion of prisoners from ethnic minority
backgrounds on remand. Will the Minister commit to publishing
further progress updates on the Lammy recommendations so that the
Government’s progress can be publicly held to account?
The hon. Lady makes a fair point. We obviously want to be held to
account, and I am more than happy to write to her with further
details of the progress that we are making. To give just one
example, in our inclusive Britain strategy, we committed to a
special pilot in police stations that is ensuring that juveniles
receive legal advice. As she knows, many juveniles—and, it must
be said, particularly those from ethnic minority backgrounds—were
not engaging with the system; in the pilot, they must proactively
choose to opt out. I have personally been to Wembley police
station and to Brixton, where the trial is happening, and I am
pleased to say that so far the results are incredibly
encouraging: they suggest less time in custody for those
juveniles who are participating. Most importantly, some of them
are more likely to have an out-of-court disposal. We are trying
to break that chain of getting stuck in the criminal
justice—[Interruption.]
Mr Speaker
Keep going.
It would appear that it happens whenever I am speaking, Mr
Speaker. I do not know if it is personal.
I am grateful to the hon. Lady for that important question. As I
said, I will write to her with further details and update
her.
Reoffending Rates: Friday Releases
(Harrow East) (Con)
16. What assessment he has made of the impact of ending Friday
releases on reoffending rates. (900911)
The Minister of State, Ministry of Justice ()
I know that accessing timely support on release can be
particularly challenging on a Friday and that that can increase
the risk of reoffending. That is why the Government have
committed to pursuing legislation when parliamentary time allows
to enable the release of prisoners up to two days earlier when a
release date falls on a Friday or before a bank holiday. I
welcome the fact that my hon. Friend the Member for Workington
() has introduced a private
Member’s Bill on the issue. I look forward to that.
What is key is that if we release ex-criminals and ex-offenders
on a Friday, they are likely to return to their former habitat,
reconnect with individuals whom they committed crimes with and
reoffend. Equally, if they are homeless, they will not get any
service from the local authority. I therefore commend the moves
to change the position so that we can encourage people to rebuild
their lives after being in prison.
I thank my hon. Friend, who has a long record of tackling
homelessness. We are particularly conscious of the impact that
homelessness can have on ex-offenders released from prison, so,
in addition to our commitment to legislate on Friday releases, by
2024-25 we will invest an additional £200 million a year to
transform our approach to rehabilitation, including expanding our
transitional accommodation service across England and Wales.
Ex-offenders need a home, a job and a support network, and we are
determined to help them to gain all three.
Sexual Offences: Delays to Trials
(Nottingham East) (Lab)
20. What steps he is taking to tackle delays to trials for (a)
child and (b) adult victims of sexual offences. (900916)
The Parliamentary Under-Secretary of State for Justice ()
The Government are committed to supporting the recovery of the
courts for all court users, including those who face delays in
accessing justice in serious sex cases. Of course, the listing of
cases is a judicial function, and judges continue to work to
prioritise cases involving vulnerable complainants and witnesses
such as serious sex cases.
Timeliness is improving. The time that it takes for adult rape
cases to be completed from charge continues to fall and is down
by five weeks since the peak last year. I do not have the figures
for child cases, which are not broken down on that basis. I
confirm that we are increasing funding for victim support
services to £192 million by 2024-25.
I thank the Minister for his reply. In Nottinghamshire last year,
for cases involving rape the average time between a case arriving
at the Crown court and being completed was 470 days—more than a
year and three months. I am sure he agrees that that is
completely unacceptable. I welcome the pilot of specialist courts
to prosecute rape cases in just three areas, but that will not
tackle the root causes of the backlog, which was growing long
before the pandemic and which the Victims’ Commissioner says is
due to underinvestment. When will the Minister reverse the cuts
and ensure that everybody receives the justice they deserve?
I am grateful to the hon. Lady. She talks about the backlog being
a problem before the pandemic, but I have to point out to her
that the backlog was lower going into the pandemic than it was
when Labour was last in power. There is always a backlog of
cases. There are always outstanding cases. The point is that when
the pandemic hit there was a complete and total collapse in our
courts, because they were closed, and then we had two-metre
social distancing and they took a long time to recover. But they
have recovered and the backlog is coming down. She
talks—[Interruption.] I am answering the hon. Lady’s question.
She talks about funding. I can confirm that we put in almost half
a billion pounds of funding into the spending review. That will
ensure, for example, that this year, for the second year on the
trot, we are removing the ceiling on sitting days in the Crown
court. Provided we reduce the disruption we are experiencing now,
we should be able to continue to reduce the backlog and deliver
swifter and better justice for our constituents.
(Manchester, Gorton) (Lab)
The Lord Chancellor claims that protecting women and girls is his
No. 1 priority, yet victims of domestic abuse face an invasive
legal aid application that turns many women and girls away. The
recent means test review is a step in the right direction, but it
still does not go far enough and leaves many vulnerable women
representing themselves in court. Will the Minister outline what
steps he is taking to increase legal aid accessibility for
victims of domestic abuse and violence?
I can confirm, as the hon. Gentleman is aware, that our
consultation on the means test threshold would result in 2
million more people having access to legal aid in civil cases and
more than 3 million people having access in the magistrates
court. In both cases, that could of course include domestic
abuse. An important point in that consultation is that we are
proposing that where property assets are in dispute in a domestic
abuse case in relation to the means test and the capital test for
civil legal aid, they would be removed. That underlines again,
not just in criminal legal aid but in civil legal aid too, that
the Government are putting in significant investment and driving
very positive reform.
Topical Questions
(Eastbourne) (Con)
T1. If he will make a statement on his departmental
responsibilities.(900882)
The Lord Chancellor and Secretary of State for Justice ()
Since the last oral questions the Police, Crime, Sentencing and
Courts Act 2022 has entered into force, I published the Bill of
Rights and we submitted our victims Bill to pre-legislative
scrutiny.
I thank my right hon. Friend for his response. For as many years
as I have served as Eastbourne’s Member of Parliament, Eastbourne
residents have expressed to me their dismay, their outrage even,
that foreign national offenders—dangerous criminals—have used the
right to family life to frustrate their deportation, a
deportation ordered for public safety. How will the Bill of
Rights address that?
I thank my hon. Friend; she is absolutely right. The Bill of
Rights is now published and she will see, explicitly and squarely
in relation to article 8, clear guidance and prescription on
interpretation to prevent the ever-elastic interpretations of the
right to family life, the shifting goalposts, that allows those
offenders to trump the overwhelming public interest in their
deportation.
Mr Speaker
I call the shadow Minister, .
(Cardiff North) (Lab)
Seven years on, we do not have a victims Bill in statute.
Thousands of victims are trapped in court backlogs and domestic
abuse victims are still being cross-examined by their abuser in
family courts, despite that being made illegal last year. Not
only does the abuse continue, but the Government have facilitated
it by deciding that that provision will not apply to domestic
abuse victims who are already in the system. Will the Government
ensure that that will apply to them and explain why victims
should think that they are anything but an afterthought for the
Government?
Again, an Opposition Front Bencher is denigrating the
important—albeit incremental—reforms that we are making for
victims. In fact, a victims law is currently subject to
pre-legislative scrutiny and it will be introduced. We are
increasing the victims surcharge by 20% and are changing the way
that the Crown Prosecution Service communicates. Since the last
Labour Government, we have quadrupled the amount of funding that
goes to victims services, and we have rolled out section 28. She
is right to say that we have prioritised rape and serious sexual
violence. [Interruption.] We will get on to that. In fact, the
reality is that the number of rape convictions has increased by
two thirds over the past year. We have also taken action through
the Police, Crime, Sentencing and Courts Act 2022 on domestic
abuse, which the hon. Lady voted against.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
T2. I recently had the pleasure of visiting HMP The Mount in my
constituency, where I learned about its excellent work to provide
inmates with practical work skills for life after prison. What
steps is my right hon. Friend taking to ensure that when
individuals leave prison, they are given the tools and skills to
successfully rehabilitate themselves back into society—as they
are at HMP The Mount—and get back into work, and not to fall back
into a life of crime?(900883)
I have fond memories of playing Sunday league football in my
younger years in The Mount prison against the offenders. They won
fairly convincingly—something tells me that they were not out on
the Saturday night in the way that my team was.
My hon. Friend asks a serious question: what are we doing? In the
past year, we have seen a 67% increase in offenders leaving
prison being in work within six months. That is a big step change
and we are restless to go further. We are doing that with the
roll-out of employment advisory boards—I am very grateful to
James Timpson for driving that forward—employment hubs in prison,
and critically, the drugs strategy, which will stop offenders
languishing on methadone, at which point they are no good for
anything.
Mr Speaker
I call the Scottish National party spokesperson, .
(Glasgow North East)
(SNP)
Last week, Russia followed the UK Government’s lead in ignoring a
ruling from the European Court of Human Rights, telling the
Court:
“Russia no longer complies with the prescriptions of the
ECHR—that’s all there is to say”.
When the Lord Chancellor sees that kind of behaviour, does he
ever have second thoughts about the type of company that he is
taking the UK into as a result of his proposals? How does he
think that will be viewed by the international community?
I am not sure what the hon. Lady thought she was referring to in
the sense that we have ignored any rulings. We have one of the
highest compliance records in the Council of Europe. Frankly, I
think she has a problem with her moral compass if she is equating
our approach with that of President Putin. [Interruption.]
I am sorry to laugh—[Interruption.]
Mr Speaker
Order. It is one thing for an hon. Member to come in to the
Chamber very late, but it is another for them to start shouting.
If they want to shout, shout outside.
Thank you, Mr Speaker. This really is a tale of two
countries.
In Scotland, legislation passed by the Scottish Parliament is not
law if it is incompatible with the rights defended in the Human
Rights Act. That is also woven through the devolution settlement.
If the UK removes the Human Rights Act, but the Scottish
Parliament refuses consent, what will the Government do? What
options exist, other than voting yes to independence, to retain
our human rights protections in Scotland?
This always comes back round to independence rather than the
bread-and-butter issues that the people of Scotland face. The
hon. Lady should vote for our Bill of Rights because the people
of Scotland are frustrated, as are people across the United
Kingdom, when they hear of cases—such as those raised by my hon.
Friend the Member for Eastbourne ()—of people committing
serious offences, but who are not able to be deported because
they claim ever-elastic interpretations of the right to family
life.
(Clwyd South) (Con)
T6. Does the Minister agree that the many people who give their
time free of charge to act as magistrates are a fantastic asset
to this country? They are the backbone of our justice system:
without them, it could not function effectively.(900887)
The Parliamentary Under-Secretary of State for Justice ()
My hon. Friend is absolutely right that magistrates are the
backbone of our criminal justice system. When the pandemic hit,
output completely collapsed in the magistrates courts, but
individual magistrates, their legal advisers and staff in our
magistrates courts have worked incredibly hard to recover the
position. In March, we had the highest number of disposals in
magistrates courts since before the pandemic.
We have taken two key measures to strengthen magistrates: we have
increased their sentencing powers from six months to 12 months,
and launched a £1 million recruitment campaign. I am pleased to
say that we have had 33,000 expressions of interest so far, which
bodes well for the next generation of our volunteer
judiciary.
(Blaydon) (Lab)
T3. Prosecutions for rape cases are at an appallingly low
1.3%—even an increase of two thirds still translates to less than
2%, which is truly shocking—and drop-out rates are at more than
40% because of court delays and onerous evidence requirements.
What is the Minister of State doing for victims of rape, to
significantly increase the number of prosecutions and
convictions?(900884)
The Minister of State, Ministry of Justice ()
A huge body of work is going on across every part of the criminal
justice system, from the police to the Crown Prosecution Service
and through to the courts. It involves the recruitment of more
independent sexual violence advisers, who can make such a
difference not only to victims’ recovery, but to their
willingness and ability to continue with a prosecution. In
particular, we are introducing enhanced measures for specialist
support within three pilot courts to support victims who are
taking forward these very difficult cases. We are working with
the judiciary, the police and the CPS to ensure that we measure
and identify what is working so that we can replicate it across
the country.
Dame (Gosport) (Con)
When it comes to female offenders, trauma-informed and
gender-responsive programmes are the only way to break a cycle of
crime and incarceration. Tomorrow, the brilliant charity One
Small Thing will be here in Parliament to discuss the latest
research on the intergenerational traumatic impact of maternal
imprisonment. I would really love all Justice Ministers, but
particularly my hon. Friend the Minister of State, to come along
and hear how the justice system could better be formatted to
support women and children.
I thank my hon. Friend for that kind invitation; I would be
delighted to attend. On the impact of intergenerational trauma,
one of the many reasons we are piloting the first residential
women’s centre in Wales is that we want to see how women who
should not be receiving the very short sentences that can be
imposed can benefit from an intensive residential course rather
than prison. I will be watching the results with interest.
(Brighton, Kemptown)
(Lab/Co-op)
T4. There is only one legal aid provider for immigration in
Brighton and the surrounding area of Sussex: BHT, which is
currently operating a waiting list and is only prioritising
unaccompanied minors. Lawstop, a legal aid provider in other
areas, has applied to the Legal Aid Agency for immigration legal
aid support, but has been told that there is no demand in the
area. How can that be, if the only other provider has to operate
a waiting list and is only able to help unaccompanied minors? Is
it not now time to change how legal aid contracts are given, so
that all those who request it can get access to legal
aid?(900885)
We are making a significant investment in additional funding for
legal aid in immigration cases. I am happy to write to the hon.
Gentleman with the full details of that important step change. On
the wider issue of access to legal aid, I spoke earlier about our
consultation on civil legal aid reform and the means test, which
will enable 2 million more people to have access to civil legal
aid and 3 million more people to have access to legal aid in the
magistrates courts. Combined with the £135 million that we are
investing in criminal legal aid in response to the Bellamy
review, that is a significant investment, by any measure, in
legal aid in all our constituencies.
Sir (South Swindon) (Con)
Further to the question that my hon. Friend the Member for
Bromley and Chislehurst ( ) asked, I commend the courts
Minister for his announced intention to meet representatives of
the criminal Bar. May I press him to do so at the earliest
opportunity? Will he make the subject matter of that meeting the
implementation of the rest of the Bellamy reforms, notably the
reforms to the advocates’ graduated fee scheme and the
composition and remit of the advisory board?
My right hon. and learned Friend has made an extremely good
point. He is aware of the article to which I referred in my
answer to my hon. Friend the Member for Bromley and
Chislehurst—the Chairman of the Select Committee—in which I made
clear my wish to engage with the Criminal Bar Association on the
next stage of reform, which includes the advocates’ graduated fee
scheme and some of its core elements that were not in the first
phase. As I have said, we adopted that two-phase approach
precisely in order to deliver the initial increase in fees as
soon as practicable, and it will be introduced in September: a
15% increase for criminal barristers working in magistrates
courts and police stations and for those in the AGFS. We think
that that is a very generous offer, and we hope the members of
the CBA will think about it and stop their disruption of our
courts.
Grahame Morris (Easington) (Lab)
T8. I understand that the Government have now received the
recommendations from the Prison Service pay review body for a
rise in prison officers’ wages. I do not know whether the
Secretary of State chats to any security guards on the House of
Commons estate, but many of them are former prison officers who
left the service because of poor pay and bad terms and conditions
in our prisons. When will the Secretary of State respond to those
recommendations, and will he agree to follow them in full and not
pick and choose, which is what has been done for the past three
years?(900889)
The hon. Gentleman has raised an important issue. I am
considering the recommendations very carefully, and will respond
shortly.
(Thirsk and Malton)
(Con)
Given that 40% of crime is now economic crime, it is
disappointing that the Law Commission has recommended restricting
corporate criminal liability for failing to prevent economic
crime to fraud, and leaving out key crimes such as money
laundering and false accounting. Will my right hon. Friend agree
to meet me to discuss the benefits of a review with a much wider
scope?
The Minister for Crime and Policing ()
Yes.
(Manchester, Withington)
(Lab)
T10. In the wake of legal aid cuts and, now, cuts in a few
charitable services—such as Support Through Court, which, as we
heard earlier, has had its core funding cut—and given the cost of
living crisis, how do the Government expect people who cannot
afford lawyers to navigate court if the last remaining services
that could help them are lost?(900891)
As I have just made absolutely clear, as a result of our
consultation we will be increasing access to legal aid. Two
million more people will have access to civil legal aid, 3
million more will have access to legal aid in the magistrates
courts, and there will be £135 million of additional funds for
criminal legal aid following the independent inquiry conducted by
Sir , now . We think that this is a
significant and positive reform, which, incidentally, will help
to drive wider reform of the criminal justice system and civil
legal aid.
(Chipping Barnet)
(Con)
The Government are consulting on SLAPPs—strategic lawsuits
against public participation. How will this ensure that action is
taken against candidates who seek to use litigation and threats
of it in an oppressive way to shut down debate during
elections?
We issued a call for evidence on a suite of proposals, and we are
gathering the responses and formulating proposals to ensure that
those with deep pockets—oligarchs and the like—who try to silence
the voices of transparency cannot do so in this jurisdiction. I
will be seeking a legislative vehicle to implement those
proposals.
(Barnsley Central) (Lab)
The International Criminal Court has just issued arrest warrants
for three men on suspicion of abduction, torture and other war
crimes during Russia’s invasion not of Ukraine, but of Georgia.
This is a reminder that Putin’s barbarity stretches back many
years, and that prosecuting such barbarity also takes many years.
Can the Secretary of State ensure that our commitment to
delivering justice for those who have suffered in Ukraine will
endure for the longer term?
The hon. Gentleman is right to raise this issue. We have been
there at the outset supporting the ICC. I remember, as a young
lawyer in The Hague, negotiating the UK-UN agreement on sentence
enforcement, which, just last year, enabled us to take Radovan
Karadžić into this country. That is exactly the kind of staying
power that we will need in the case of Ukraine.
(Aylesbury) (Con)
An inspection report on Oakhill Secure Training Centre has been
published today. The centre has a very poor recent record. I am
pleased to see that there are signs of improvement, but much
remains to be done to achieve a sustained high standard. Will the
Minister commit herself to ensuring that both the Ministry of
Justice and Her Majesty’s Prison and Probation Service continue
to focus strongly on ensuring that Oakhill can enable children to
truly turn their lives around?
Very much so. As my hon. Friend knows from occasions when I have
given evidence to the Justice Committee, we are keeping this
under close review. We want the children who are held at Oakhill
to be held in a way that is safe but also decent, and we want to
rehabilitate those young people so that when they are released
they can lead productive lives that are free from crime. I
welcome my hon. Friend’s focus on this issue, and believe you me,
it is absolutely mirrored in the Ministry.
(Rhondda) (Lab)
The Justice Secretary said this morning on television and on the
radio, on the basis of conversations that he had had with the
Prime Minister in the last 24 hours, that Lord McDonald’s claim
that the Prime Minister had been directly and personally informed
and briefed, in person, on the allegations that were
substantiated at the Foreign Office, while he was Foreign
Secretary, against the right hon. Member for Tamworth () was untrue. Has the
Justice Secretary had further conversations with the Prime
Minister, and is that still his position?
That is not what I said.
(Caithness, Sutherland and
Easter Ross) (LD)
Could I have a reassurance from Her Majesty’s Government that any
proposal for an independence referendum coming forward from the
Scottish Government, or indeed any proposed extrapolation of a
general election result, will be closely examined within the
context of United Kingdom law?
I can reassure the hon. Gentleman that the Government’s position
has not changed. We do not think that now is the right time for a
second referendum, given all the pressures and challenges and
given the outcome of the first. I think what the people of
Scotland want to see is both their Governments—in Edinburgh and
in Westminster—working closely together.
