Parole Board Consideration Mechanism Dr Luke Evans (Bosworth) (Con)
1. What assessment he has made of the effectiveness of the Parole
Board reconsideration mechanism. (900794) The Lord Chancellor and
Secretary of State for Justice (Alex Chalk) The reconsideration
mechanism introduced in July 2019 is a vital tool for public
protection, allowing Ministers to intervene in broad cases where
there is concern that the decision to release is irrational or
procedurally...Request free trial
Parole Board Consideration Mechanism
(Bosworth) (Con)
1. What assessment he has made of the effectiveness of the Parole
Board reconsideration mechanism. (900794)
The Lord Chancellor and Secretary of State for Justice ()
The reconsideration mechanism introduced in July 2019 is a vital
tool for public protection, allowing Ministers to intervene in
broad cases where there is concern that the decision to release
is irrational or procedurally flawed, or where there has been an
error of law. Since 2019, this Government have used the mechanism
to have 17 release decisions retaken by the Parole Board. Nine of
those resulted in the board reversing its original decision to
direct release, including the recent case of Colin Pitchfork.
Dr Evans
The Treasurer of His Majesty’s Household, my right hon. Friend
the Member for Nuneaton (Mr Jones), and I have both raised
concerns about the release of Edwin Hopkins, the schoolgirl
killer of . I know that the Secretary of
State cannot retrospectively apply the law around parole, but
will he assure my constituents and residents in neighbouring
Nuneaton that the new laws in the Victims and Prisoners Bill
going through Parliament at the moment put public safety at the
heart of future Parole Board decisions?
I am grateful to my hon. Friend for raising that extremely
troubling case. The murder committed by Edwin Hopkins was a truly
dreadful crime, and I understand the concern about the release of
prisoners who have committed such heinous offences. The reforms
in the Victims and Prisoners Bill do ensure that public safety is
at the forefront of parole decisions, including by codifying the
release test in law and introducing a new power to allow the
Secretary of State to direct a second check on the release of
some of the most serious offenders.
(Strangford) (DUP)
I thank the Lord Chancellor for his response and his clear
commitment to ensuring that victims are considered. As the Member
of Parliament for Strangford, many people contact me about those
getting early parole and decisions that are made. Will he
reassure me and the House that victims will be considered and
contacted before any person who has carried out an evil crime is
actually released?
The hon. Gentleman is absolutely right. It is one thing being a
victim of a crime in the first place but another not being kept
updated on progress of the sentence of that individual, or indeed
a parole decision. That is why we are absolutely committed
through the victims code and other mechanisms to ensuring that
victims are kept updated, including during the important parole
process.
Child Sexual Exploitation: Historical Cases
(Oldham East and
Saddleworth) (Lab)
2. What assessment he has made of the potential impact of the
time taken to schedule court hearings for historical cases of
child sexual exploitation on survivors and their families.
(900795)
The Parliamentary Under-Secretary of State for Justice ()
The House should be in no doubt as to how urgently we are working
to accelerate justice. We will have recruited 1,000 new judges by
the end of this year and extended the use of 24 Nightingale
courtrooms, and we funded a record number of sitting days in
courts last year. We have transformed how we support victims of
sexual violence offences through the criminal justice system,
including with the use of nearly 1,000 independent sexual
violence advisers—some of those are especially for children—the
nationwide roll-out of section 28 evidence procedures and
pre-court familiarisation for vulnerable witnesses.
My constituent had to wait several years before her historical
child sexual exploitation case was finally heard. During that
time, the court date was cancelled twice, causing her immense
distress. There is a backlog of about 65,000 Crown court cases—a
third more there than in 2020—and nearly a third are waiting more
than one year, compared with 10% in 2020. I appreciate what the
Minister said about the additional barristers and judges
recruited, but given the sensitive nature of these cases, could
she indicate what percentage of the backlog is down to that and
what she and her team are doing specifically to address it?
I am grateful to the hon. Lady, who has raised this issue before.
She will know that listing is a matter for the independent
judiciary, but I do not seek to hide behind that. Actually, I
would like to meet her to discuss the specific reasons for
adjourning the case she talked about, because we might be able to
do something to help.
I draw the hon. Lady’s attention to two important things. A new
police taskforce set up by the Government to support historical
child sex abuse investigations has led to a 20% increase in child
sex charges in the past year alone. In addition to that, I will
say this. Greater Manchester currently has 59 live investigations
into child sexual abuse. These are complex cases involving
multiple perpetrators and multiple victims. In one case that
recently went all the way through the court, the perpetrators did
not even know each other—they had never met—so even the decision
about how the group is arranged, how the case is allocated and
the length of time it will need for listing is particularly
complex. I would like to meet her, for the reasons I gave.
Victim Support
(Hertford and Stortford)
(Con)
3. What steps his Department is taking to support victims of
crime. (900796)
(Vale of Clwyd) (Con)
4. What steps his Department is taking to support victims of
crime. (900797)
(Carshalton and Wallington)
(Con)
8. What steps his Department is taking to support victims of
crime. (900802)
The Lord Chancellor and Secretary of State for Justice ()
Supporting victims has broadly three elements. First, it means
ensuring harmful behaviour is comprehensively criminalised. That
is why we have legislated to create new offences of stalking,
coercive and controlling behaviour, upskirting, revenge porn,
non-fatal strangulation and cyberflashing. Secondly, it means
ensuring that the punishment fits the crime, which is why the
average sentence has increased by around 50% since 2010. Thirdly,
it means supporting victims before, during and after the court
process. That is why we are funding over 1,000 independent sexual
violence advisers and independent domestic violence advisers by
2024-25, we have set up a 24/7 rape support helpline, and we are
quadrupling funding for victims’ services in cash terms since
2010.
Cuckooing is not a victimless crime. The victims whose homes are
invaded are frequently extremely vulnerable. Will the Secretary
of State consider a separate specific offence of cuckooing in the
Criminal Justice Bill to ensure not just that the punishment fits
the crime, but that the crime fits the crime?
My hon. Friend has been brilliant in raising this issue time and
time again. At least in part because of the pressure she has put
on, we held a stakeholder engagement exercise on this issue with
the police, criminal justice system partners, local authorities,
other Government Departments and so on. The exercise reveals that
there are civil orders and criminal offences which are available
to disrupt it. It might be, for example, that the underlying
offence is the possession of drugs with intent to supply, the
possession of firearms or common assault. However, this issue is
worthy of further consideration, so I will invite a conversation
with her in due course.
Dr Davies
Last week, I was contacted by a constituent who has been named in
the local press as a victim of domestic abuse against their
expressed wishes. As my right hon. and learned Friend will
appreciate, naming has the potential to endanger their safety and
harm their recovery. What more can be done to safeguard the
confidentiality of victims of domestic abuse?
My hon. Friend raises an absolutely essential point, because
giving evidence is a deeply traumatic experience. Powers in
section 46 of the Youth Justice and Criminal Evidence Act 1999
allow the court, on application, to make a decision about
anonymity and to take account of the circumstances of the alleged
offending, the alleged offender, the alleged victim, and so on.
That is a matter for the court. The court has to weigh the
circumstances of the case against the overarching interests of
transparency. That is a matter on which the courts are well
placed to decide.
Carshalton and Wallington is supposed to be one of the safest
parts of London, but it has been shocked by a number of knife and
violent crime incidents recently, including a knife attack in
Wallington Sainsbury’s on Christmas eve, which was traumatic not
only for those involved but for those who witnessed it. Can my
right hon. and learned Friend assure me that victims and
witnesses of terrible crimes can get access to help and support
while they wait for the police to build a case?
I thank my hon. Friend for drawing the attention of the House to
that appalling incident. Yes, it is absolutely imperative that
both victims and witnesses can access support in the aftermath of
such shocking crimes. As I indicated, we are quadrupling funding
for victims and witness support by 2024-25 on 2010 levels. This
is important. Under the 2006 victims code that we inherited,
support was available only for direct victims. We have changed
that, so it is now available for witnesses who have suffered
mental or emotional harm.
(Gower) (Lab)
The Government left the role of Victims’ Commissioner unfilled
for over a year and to this day have refused to place any duty on
public bodies to co-operate with the postholder. Will the
Government and the Secretary of State explain why they have not
supported Labour’s proposals to give the role the same powers as
the Domestic Abuse Commissioner has over public authorities such
as the police?
The Victims’ Commissioner plays an important role and we are
delighted that is taking it on again. She
has an exemplary track record. The role sits within a wider
approach that we are taking, which is to ensure, through the
Victims and Prisoners Bill and through the revised victims code
and so on, that victims go from being spectators of the criminal
justice process to participants in it. I know the Victims’
Commissioner will help us on that journey.
Mr (East Londonderry)
(DUP)
What is being done to ensure that victims of crime, particularly
violent crime, get the necessary mental health support they
require, particularly where they can suffer ongoing mental health
issues and trauma beyond the period of the crime itself?
The hon. Gentleman raises an absolutely essential point. As I
indicated, we are quadrupling funding for victims’ services on
2010 levels. Part of that is directed through police and crime
commissioners to procure and commission precisely the kind of
support he has indicated. What I am also able to say is that in
those tragic cases that result in a fatality, the Homicide
Service is now better resourced to provide ongoing support. That
may be physical support, but it may also, sadly, be the mental
support that is desperately needed.
Rehabilitation of Prisoners: Prison Estate
(Hammersmith) (Lab)
5. What recent assessment he has made of the adequacy of the
prison estate for the rehabilitation of prisoners. (900798)
The Minister of State, Ministry of Justice ()
In December last year we completed an estate-wide programme of
surveys to assess the condition of each public sector prison, and
I look forward to seeing the findings of those surveys. By the
end of the current spending review period we will have invested
nearly £4 billion towards the delivery of an additional 20,000
modern prison places to ensure that the right conditions are in
place for the rehabilitation of prisoners, and in the last full
financial year we spent more than £200 million on maintenance and
upgrades—alongside, of course, our continued investment in
purposeful activity within the prison estate.
I was delighted to receive an invitation from the Minister’s
colleague the Under-Secretary of State for Justice, the hon.
Member for Orpington (), to join him on a visit to
Wormwood Scrubs Prison in my constituency this Thursday, but less
delighted when the invitation was withdrawn yesterday on the
basis that it had been “issued in error”. Had I been permitted to
attend, I would have raised the subject of the letter sent to the
Lord Chancellor on 7 December by 10 chairs of independent
monitoring boards for London area prisons, including Wormwood
Scrubs, which stated that
“prisons are overcrowded, not safe and most of those in prison do
not lead a ‘useful’ life”.
In the absence of a reply to that letter, can the Prisons
Minister tell us how he intends to make prisons fit for
rehabilitation, given that, according to trade union sources,
there is a maintenance backlog amounting to £3 billion?
If the hon. Gentleman would like to visit the Scrubs with me—and
I am not issuing this one in error—I shall be happy to accompany
him on a visit to his local prison.
As I have said, we continue to invest in our prison estate. We
also continue to invest in increasing the number of prison
officers—to whom I pay tribute for the work that they do day in,
day out; I suspect that those on the Opposition Front Bench would
join me in that—and to invest in purposeful activity. The efforts
that we have put in across the estate are working, as is shown by
the proportion of prison leavers who are in employment six months
after their release, which has more than doubled in the two years
to March 2023. I look forward to discussing this further with the
hon. Gentleman in his local prison.
Mr Speaker
Order. As a Member of Parliament with a prison in his area, I
find it disappointing that that invitation was withdrawn from a
Member of Parliament with a prison in his own area. That is not
how Members of Parliament should be treated, and I hope that the
question of why a Member of Parliament has been refused access to
a facility in his constituency will be investigated.
I understand from my hon. Friend the Under-Secretary of State
that the invitation was sent in error by the office—it was not
meant to be sent—but I am happy to honour that invitation.
Mr Speaker
I hope that the Minister will look into this, because I am
concerned about access for Members of Parliament. I now call the
Chair of the Select Committee.
(Bromley and Chislehurst)
(Con)
I will not go on about how I might have got people into Wormwood
Scrubs in the past in one way or another—[Interruption]—and,
indeed, got some of them out!
I am sure the Minister will know that a key point that comes up
time and again in reports from His Majesty’s chief inspector of
prisons, and when issues are raised by the Justice Committee, is
the lack of purposeful activity. The physical estate is part of
that problem, but so are issues relating to staffing and access
to education and other provision. Is it perhaps time for a
strategy for the whole of the Prison Service with rehabilitation
at its centre, and might not one solution to the problem be a
statutory definition of the purposes of prison, of which
rehabilitation—along with protection of the public—would be a key
part? Would that not be a way of holding people’s feet to the
fire in order to deliver rehabilitation in the public
interest?
I shall certainly be happy to have that discussion with my hon.
Friend if he feels that it would be useful. He is right to
highlight the importance of adequate staff numbers, but I should
point out that they have increased by 6.7% in the past year. I am
also happy to tell him that this month we are launching the
national regime model, which will require prisons to set out
ambitious plans for dedicated purposeful activity—time out of
cell. That will indeed hold their feet to the fire, because, as
we know, such a regime is central to rehabilitation.
Mr Speaker
I call the shadow Minister.
(Brentford and Isleworth)
(Lab)
The latest figures show that the reoffending rate among those
leaving prison has increased. That is partly because prison is
failing to rehabilitate—which is no surprise, given how
overcrowded, understaffed and dangerously unsafe many prisons
are. In one case, after heavy rain, prison officers were having
to wade through raw sewage while prisoners remained locked in
their cells. Does the Minister accept that the appalling state of
our prisons is not only failing to reduce crime, but breeding
it?
The hon. Lady will not be surprised to hear that I do not agree
with her assessments. I would highlight that reoffending rates
are down on where they were when we inherited them in 2010. I
have highlighted to the hon. Lady the investment in new staff and
in our buildings. I would also highlight to her, and I hope that
we will enjoy her support on this, the success of tough community
sentences in reducing reoffending, compared with sentences of
fewer than 12 months. I look forward to her support in delivering
those changes.
I am going to remain on the subject of the prison estate. The
Minister made a valiant attempt to defend the Conservatives’
woeful record on prisons, but they are failing to build the
prison spaces we need to reduce this cycle of crime. Just last
week it was revealed that the Government had built only 380 of
the 1,000 pop-up prison cells that they promised by the end of
2023. Therefore, can the Minister at the very least confirm when
the remaining 620 pop-up places will be built?
I would gently say to the hon. Lady that we will take no lessons
on prison building from the Labour party—the party that promised
three Titan prisons, with 7,500 places. How many were built?
Zero. This is a Government who are committed to building 20,000
new, state-of-the-art prison places. Two prisons have already
been built. One is in construction. One has just received
planning permission, and I am hopeful that the other two of the
six will receive that in due course.
Access to Legal Advice
(Stoke-on-Trent South)
(Con)
6. What steps he is taking to increase early access to legal
advice. (900799)
The Parliamentary Under-Secretary of State for Justice ()
Last year we spent £1 billion on civil legal aid to support the
most vulnerable, and we recognise the potential benefits of early
legal advice in supporting people to resolve their problems
earlier. For example, last year we launched a £10 million housing
loss prevention advice service. We invested in advice for welfare
benefits issues, and early legal advice is also available for
victims of domestic abuse in private family law proceedings,
subject to the relevant means and evidence requirements. We will
continue to invest in legal aid where we can see a benefit.
I thank the Minister for that response. Like many Members across
this House, I regularly have constituents coming to me with many
legal issues needing legal advice and support. Obviously, many
Members are not appropriately qualified to offer that legal
advice and support. Citizens Advice in Stoke-on-Trent are doing
an excellent job trying to support many of my constituents with
legal issues, but does my hon. Friend agree that it is vital that
members of the public get timely and affordable legal advice when
they need it?
My hon. Friend is right to praise the work of voluntary
organisations such as Citizens Advice, and as I said in my
original answer, we agree that investing has benefits. That is
why, since 2015, we have invested more than £25 million to
support litigants in person, including our current grant funding
of around £10.4 million for improving outcomes to legal support
grants. That is supporting 59 organisations across England and
Wales, enabling them to provide urgent legal support and advice
to help people resolve their legal problems. That is in addition
to the investment in providing support on domestic violence,
special guardianship orders, housing loss prevention and
immigration.
(Ayr, Carrick and Cumnock)
(SNP)
In its Green Paper published in October 2023, the Law Society set
out reforms to legal aid to help more people get early advice.
Can the Justice Secretary confirm what discussions he has had
with the Treasury, in advance of the Budget in March, regarding
potential increases to the legal aid budget, and that Scotland
will receive its share through Barnett consequentials?
I can confirm that, following the Bellamy report and the
implementation of what is known as CLAIR—the criminal legal aid
independent review—we have invested over £141 million extra in
the legal aid system, addressing many of the concerns that legal
practitioners, including the Law Society, have raised. I can
reassure the hon. Gentleman that I am in constant dialogue with
the Law Society on how we can improve legal advice for
citizens.
Human Rights Legislation
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP)
7. What recent assessment he has made of the adequacy of human
rights legislation. (900801)
(Coatbridge, Chryston and
Bellshill) (SNP)
9. What recent assessment he has made of the adequacy of human
rights legislation. (900803)
(Livingston) (SNP)
19. What recent assessment he has made of the adequacy of human
rights legislation. (900813)
(West
Dunbartonshire) (SNP)
23. What recent assessment he has made of the adequacy of human
rights legislation. (900817)
The Lord Chancellor and Secretary of State for Justice ()
The United Kingdom has a long-standing tradition of ensuring that
rights and liberties are protected domestically and of fulfilling
our international human rights obligations. We remain committed
to a human rights framework that is up to date, fit for purpose
and works for the British people. We have taken, and are taking,
action to address specific issues with the Human Rights Act,
including through the Illegal Migration Act 2023, the Victims and
Prisoners Bill and the Overseas Operations (Service Personnel and
Veterans) Act 2021, which address the vexatious claims against
veterans and the armed forces.
The Rwanda Bill is the second piece of legislation that this
Government have introduced that they cannot guarantee will comply
with vital convention rights. Does that not illustrate the total
inadequacy of UK human rights legislation? Any old
Government—even a crumbling Tory Government—can rip up
fundamental rights without constraint, doing over the Supreme
Court in the process.
No, I reject that characterisation. The European convention on
human rights, under article 13, provides a right to an effective
remedy. We think there is a perfectly respectable argument that
our legislation fulfils that. We are committed to human rights,
and we think we have a route that safeguards those rights and
delivers on the interests of the British people.
The human rights campaign organisation Just Fair has said that a
human rights Bill for Scotland would provide a blueprint for how
the UK as a whole could enshrine social, economic and cultural
rights in domestic law. I am certain that the Scottish Government
would be happy to share their experience and expertise in this
area, so will the Secretary of State commit to engaging with
them, with a view to bringing forward equivalent UK legislation,
following their example?
I completely agree on the common interest we share across the
United Kingdom in wanting to advance social and economic
rights—put another way, ensuring good jobs and good public
services. Of course that is right. What is questionable is
whether it is sensible to make those rights justiciable, as we
would find people pursuing all sorts of actions that clog up the
courts, leaving them unable to deal with other matters. The hon.
Gentleman is right on the principle we all want to achieve for
people in our country. Is he right in wanting more litigation and
more legislation? I think we have different views on that.
The Scottish Government will bring forward a human rights Bill
for Scotland, which is the right thing to do. Given the Justice
Secretary’s previous statements in support of human rights and
the ECHR, will he confirm his support for the Scottish approach?
Surely putting human rights at the heart of Government and the
wider public sector is the right thing to do.
It is important not to conflate those two things. We are a member
of the European convention on human rights—I have already
mentioned article 13—but that does not, in and of itself,
determine how one should give effect to those rights. We already
have the Human Rights Act 1998. It is not at all clear to me that
Scotland’s proposed human rights Bill would advance human rights
across the United Kingdom, but of course we will listen carefully
to whatever the Scottish Government decide to introduce.
I am sure that the Secretary of State is aware that the ECHR and
the HRA are integral to the Good Friday/Belfast agreement,
setting out a framework for the policing and the very governance
of Northern Ireland. Does he agree that any attempt to overhaul
the ECHR and the HRA from this place could have serious
consequences for the communities of Northern Ireland?
We have a human rights framework that we consider to be
important. We are mindful of the points that the hon. Gentleman
raises. We are satisfied that we can deliver on the priorities of
the British people. It is a perfectly reasonable priority to want
to ensure that we have warm hearts but an open front door, and we
are satisfied that we can do so within our international legal
obligations.
(Kettering) (Con)
It was revealed yesterday that, despite the best efforts of the
Home Office, an Albanian-speaking migrant who has spent half his
life in Serbia, and who has been jailed in this country for 18
months for cannabis farming after having entered the UK
illegally, has been allowed to remain in Britain after he
successfully claimed that he cannot be deported to Serbia because
he no longer speaks Serbian. This is despite Albanian being a
recognised minority language in Serbia, and despite him living in
this country with his Serbian brother. Does this not demonstrate
why we need urgent reform of the asylum system and human rights
laws to allow the rapid and effective deportation of such
dangerous criminals?
My hon. Friend is absolutely right that those who come to our
country and betray this nation’s trust by acting illegally should
not expect a warm welcome. That is why one of the things I am
most proud of is signing a further prisoner transfer agreement
with the Albanians to ensure that the British people, having
suffered the initial crime, do not suffer the double punishment
of having to pay £49,000 a year to house them in bed and
breakfast accommodation in the United Kingdom. We will send them
back, and that is exactly what we are doing.
Mr Speaker
I call the SNP spokesperson.
(Glasgow South West)
(SNP)
May I take the Justice Secretary back to his interesting
observations on the Rwanda Bill? He has said that the whole
debate around the ECHR
“has been tainted by a misunderstanding of what the actual rights
are, as though they are a foreign import that do not reflect some
of the cultural norms in our country…nothing could be further
from the truth.”[—[Official Report, 13 February 2019; Vol. 654,
c.
376WH.]](/search/column?VolumeNumber=654&ColumnNumber=376WH&House=1)
When it comes to the Rwanda Bill, why is he failing to uphold the
ECHR and the Human Rights Act, which embody so many of the legal
principles that the people of these islands hold so dear?
Respectfully, I completely reject that characterisation. We are
remaining within the four corners of our international legal
obligations. Our legislation is novel and contentious, but it
remains within the four corners of our international legal
obligations and delivers on the proper, insistent requirements of
the British people, which are that we protect our borders and
ensure fairness for all—for not only the British people, but
those who have played by the rules and done the right thing when
they have come to the UK. They will always have a warm welcome in
our country. Those who act illegally can expect short shrift.
Of course, the Government state on the front page of the Rwanda
Bill that they cannot guarantee that it complies with the ECHR,
as the Justice Secretary well knows. The Bill also makes direct
intrusions into devolved areas, because human rights are devolved
to the Scottish Parliament. So will he confirm that a legislative
consent motion will be sought from the Scottish Parliament on the
safety of Rwanda?
The first point the hon. Gentleman was referring to is about the
section 19(1)(b) statement, and such statements are not
unusual—the much-missed took one through in the Bill
that became the Communications Act 2003. There is nothing unusual
about this, which is precisely why this provision was put in the
Human Rights Act 1998. As for further LCMs, we will of course
proceed in the normal way, and I will give that matter further
consideration.
Custodial and Community Sentences
(New Forest West) (Con)
10. If he will make a comparative assessment of the effectiveness
of short custodial sentences and sentences served in the
community.(900804)
The Parliamentary Under-Secretary of State for Justice ()
A 2019 Ministry of Justice analysis of a matched cohort of 30,000
offenders shows that those serving sentences of immediate custody
of less than 12 months reoffend more often than similar offenders
serving a sentence in the community—55% of those sentenced to
less than 12 months’ immediate custody were convicted in the
following 12 months, which compares with 32% among those serving
their sentence in the community.
For years, I was a visitor at the Scrubs and at HMP Wandsworth.
Persuade me that community sentences can be really tough.
I suggest that the outcome speaks for itself.
Mr Speaker
I call the shadow Minister.
(Birmingham, Ladywood)
(Lab)
Many, many more offenders will be serving their sentences in the
community as a result of the measures in the upcoming Sentencing
Bill. We all know that the Government have had to rush these
measures out to deal with the prisons capacity crisis that they
have created, but it is essential to recognise that these
measures will rely heavily on a functioning probation service.
With only one of the 33 probation delivery units inspected being
rated as “good”, and all others being rated as “requiring
improvement” or “inadequate,” what additional resources have been
put in place to ensure that potentially dangerous criminals are
being properly monitored?
We have recently increased the budget for probation by £155
million and ramped up recruitment, with an additional 4,000 staff
recruited over the last period of time.
That is a four-year-old announcement dressed up as something new
and, given the extensive changes in the Sentencing Bill, I am
afraid that it will just not cut it. Under the Conservatives, our
vital probation service has been taken to the brink of collapse,
and on current performance it simply cannot handle the additional
pressure that these measures will bring and keep the public safe.
So will the Minister commit to ensuring that the measures in the
Bill will not come into effect until there is not one probation
delivery unit still rated as “inadequate”?
I thank the hon. Lady for her question. We will keep this under
review as the Bill passes through the House, and we will make
further announcements on it in due course.
Probate Registry
(Carlisle) (Con)
11. What steps he is taking to improve the effectiveness of the
probate registry.(900805)
The Parliamentary Under-Secretary of State for Justice ()
The past 12 months have seen the largest volume of probate
applications received by the service since 2006, and that follows
two years of above-average receipts. In response, we have
increased staffing levels by more than 100 people and streamlined
processes. We have seen some improvement, in that the level of
grants issued has been running at about 8,000 more over the past
two months than receipts. The average mean length of time for a
grant of probate following receipt of all the documents required
is now 12 weeks.
I draw the House’s attention to my entry in the Register of
Members’ Financial Interests. Back in November 2020, I led a
Westminster Hall debate highlighting the failings of the probate
service. The service was once excellent, but that is no longer
the case—I could give many examples demonstrating its continuing
failures. I appreciate the Minister’s efforts to improve the
service, but enough is enough. If the service has not materially
improved in the next three months, will the Minister take the
appropriate action and remove those who are clearly
underperforming, so that the service can return to the level it
once was at?
My hon. Friend and I have had some interesting discussions on
this topic over the past few months. Following a recovery plan to
address the concerns that he and others have raised, I can
reassure him that a new management team is in place and we are
now seeing a distinct improvement in recruitment, competency,
productivity and call handling, and for the past few months
disposals have outstripped receipts. I appreciate that the
service is not yet where we would want it to be, but I can
reassure him that we are starting to see some impact as a result
of the measures we have introduced. I am more than happy to have
conversations with him so that we can work together to improve
the service further.
Crown Court Case Backlog
(Walsall North) (Con)
12. What steps he is taking to reduce the backlog of cases in the
Crown court.(900806)
(Clacton) (Con)
20. What steps he is taking to reduce the backlog of cases in the
Crown court.(900814)
The Parliamentary Under-Secretary of State for Justice ()
We remain committed to reducing the outstanding caseload in the
Crown court and have introduced a range of measures to achieve
that aim. We funded over 100,000 sitting days in the last
financial year and plan to deliver the same this year. Thanks to
our investment in judicial recruitment, we expect to recruit more
than 1,000 judges across all jurisdictions. We are investing over
£220 million over the next two years, not just to improve
maintenance but to ensure that the number of courts taken out of
action for unplanned maintenance is reduced.
I am reassured by that answer, but can I press the Minister on
other delays in the justice system? I have spoken to police
officers who are incredibly frustrated by the delay in
prosecuting those who they have arrested for multiple offences of
shoplifting. What reassurance can the Minister offer to police
officers in those circumstances?
It is a concern to hear that police officers remain concerned.
Some of the latest performance statistics suggest that the gap
between charge and first listing is falling—the latest data shows
it is down two days, to 31 days. I am more than happy to meet my
hon. Friend to discuss any local issues he may have identified
that are causing delays. Magistrates, who tend to deal with
shoplifting cases, are among the most efficient parts of our
justice system and list clear cases incredibly rapidly, but I am
more than happy to discuss this further.
In the light of the Post Office scandal, does my hon. Friend
agree that it is imperative that we not only clear the backlog as
quickly as possible, because there have been deaths involved, but
enable the Justice Secretary to strip the Post Office of its
powers to independently prosecute?
My hon. Friend raises a good point. It is vital that the delivery
of justice is swift. We appreciate that the wait for trial can be
extremely difficult for victims, so we are doing all we can to
ensure that cases are heard more swiftly. We are urgently working
on the detail of how to clear the names of the postmasters as
quickly as possible, and further detail will be announced in due
course. There should be no disparity between the standard of
justice in private and public prosecutions, and we will carefully
consider the findings of Sir Wyn Williams’s inquiry.
Mr Speaker
I call the shadow Minister.
(Stockton North) (Lab)
The latest criminal court statistics show a Crown court backlog
of 66,547 cases, once again breaking records. The next quarter
has just ended, so does the Minister expect the figures to break
records again?
In addition to the measures that we have already taken—unlimited
sitting days, recruitment of judges, investment in courts to
ensure they are resilient, and extending Nightingale courts—I can
reassure the hon. Gentleman that we are building 58 new court
rooms to ensure we have capacity. I have not seen the figures on
the backlog, but the latest figures for the number of
disposals—[Interruption.] Our courts and our judges are working
flat out, as are all members of the criminal justice system. I
reassure him that the level of disposals being undertaken by our
judiciary is up and the work of our judiciary is exemplary.
Reoffending
(Wimbledon) (Con)
13. What steps he is taking to reduce reoffending. (900807)
The Minister of State, Ministry of Justice ()
I am grateful to my hon. Friend for his question. Between 2010-11
and 2020-21, the overall proven reoffending rate decreased from
31.6% to 24.4%. The Government continue to take action to drive
down the reoffending rate even further by investing in
initiatives to get more offenders into work, stable accommodation
and substance misuse treatment on their release.
My right hon. Friend is absolutely right; the key to
rehabilitation and ending reoffending is employment and stable
accommodation. He has spoken already about purposeful activity
today, but may I ask him to look at making the subsistence
payment available to all prisoners on release, because that would
ensure access to the sort of settled accommodation that is
required?
My hon. Friend makes an interesting suggestion. I am happy to
meet him, if that would be helpful, to discuss further his
ideas.
(Liverpool, Walton) (Lab)
I refer to my entry in the Register of Members’ Financial
Interests, which concerns my involvement with organisations
related to addiction and recovery.
I acknowledge the positives of rolling out incentivised
substance-free living wings, but they do not offer recovery as
part of the process. Recovery wings offer a far greater chance of
rehabilitation as they get people into recovery while they are in
prison and before they are released. Currently, there are only
seven planned across the prison estate, and I think that it will
take Ministers to challenge civil servants and NHS fundholders to
see those rolled out. Will the Minister examine the benefits of
expanding recovery wings across the whole of the prison
estate?
I am grateful to the hon. Gentleman for both his question and the
tone in which he asks it. He is absolutely right to highlight the
importance of this scheme. As he will be aware, those seven wings
are a relatively new step forward. We are seeing how they
operate. I think, if I recall, they were initiated by the former
Deputy Prime Minister, my right hon. Friend the Member for Esher
and Walton (), when he was in post in the
Ministry of Justice. I continue to look at this very carefully,
but I am watching to see how those wings operate first, but I do
so with an open mind.
Release of Violent Offenders: Victim Safety
(Dwyfor Meirionnydd)
(PC)
14. What steps his Department is taking to help ensure the safety
of victims after violent offenders are released.(900808)
The Lord Chancellor and Secretary of State for Justice ()
Protecting the public is our top priority. Offenders are subject
to strict licence conditions on release, which can include
tagging and exclusion zones, and they can of course be returned
to prison if they breach those conditions. Victims of violent and
sexual offenders serving prison sentences of 12 months or more
are legally entitled to request protected licence conditions on
release, including exclusion zones. The probation service works
with partners including the police under the multi-agency public
protection arrangements, to closely manage the risk presented by
the most serious offenders.
Rhianon Bragg’s attacker was convicted of stalking, possessing a
firearm and making threats to kill. Only two months ago, the
Parole Board decided that his probation release plan could not
ensure public protection, yet he will be automatically released
next month. I have sent numerous letters to Ministers on this
matter but have received not a single reply. Given that the
victim lives in a remote area, which makes conventional
surveillance methods virtually impossible, will the Secretary of
State finally provide a credible response to the urgent safety
risks faced by victims such as Rhianon?
First, I thank the right hon. Lady for raising this case. I do
know about the case of Rhianon Bragg—in the interests of complete
transparency, I should say that I was at school with her. The
Government introduced extended determinate sentences in order to
better protect the public from dangerous offenders by making
their early release dependent on the Parole Board. Offenders on
extended determinate sentences must be released. As the right
hon. Lady knows, there are no legal powers to hold them for
longer at the end of that custodial term. However, they face
years of strict supervision by the probation service with strict
licence conditions, such as exclusion zones and curfews, and they
will be returned to prison if they breach them. I am aware of the
letter that was sent on the 14th to my right hon. Friend the
Minister of State. He will of course be happy to meet the right
hon. Lady to discuss those points.
Probation Officer Case Load
(Lancaster and Fleetwood) (Lab)
15. What assessment he has made of the sustainability of
probation officer case loads.(900809)
The Minister of State, Ministry of Justice ()
We have increased funding for the probation service by £155
million a year to recruit more staff, bring down caseloads and
deliver better supervision of offenders in the community. We have
also accelerated recruitment of trainee probation officers,
particularly in areas with the most significant staffing
challenges. As a result, more than 4,000 trainees started on
training courses between April 2020 and March of last year.
Probation workloads are too high, which is having a terrible
impact on both staff morale and retention as well as public
safety. What consideration has the Minister given to the very
reasonable proposal agreed between His Majesty’s Prison and
Probation Service and the probation unions to free up staff time
by abolishing the post-sentence supervision, which was brought in
under privatisation and is seen as simply a waste of time by
those probation officers and their employer?
The hon. Lady raises an important point. Although, on partial
data for this year, caseloads are going down, she is right to
highlight that they are still high. She makes a good point about
the post-sentence supervision requirement, which I am happy to
reflect on carefully. I understand that the Lord Chancellor and
Secretary of State for Justice, the right hon. and learned Member
for Cheltenham () has met representatives to hear
their views on the matter.
Safeguarding of Prisoners: Mental Health
(Edmonton) (Lab/Co-op)
16. Whether he is taking steps to help improve the safeguarding
of prisoners with mental health needs. (900810)
The Minister of State, Ministry of Justice ()
We are committed to improving mental health outcomes for
prisoners, including recruiting additional staff, because having
adequate staffing in prisons is important; investing £625,000 of
funding in the Samaritans each year until March 2025, which
includes the delivery of the Listener scheme; and working
alongside NHS England, which is responsible for delivering mental
health support services in the custodial estate to ensure that
they are joined up and effective.
I have been working with a constituent whose son sadly took his
own life in Pentonville last year. Although it is well
established that there is a high rate of mental health problems
among prisoners, the provision of support is insufficient and
even reliable data on the scale of the issue is lacking. Will the
Government commit to a full review of the support and
safeguarding for prisoners with mental health problems?
I am grateful to the hon. Lady, and I hope that through her I can
pass on my sympathies and condolences to her constituent. I am
not aware of the details of that case, but if she wants to write
to me, I would be happy to look at that specific case. Sadly,
there are too many deaths in custody and every one is a tragedy,
so I am always happy to look at ways in which we can better
improve the support available to those with mental health
conditions or other health conditions that might make them more
vulnerable within a custodial environment.
Topical Questions
(Wythenshawe and Sale East)
(Lab)
T1. If he will make a statement on his departmental
responsibilities.(900819)
The Lord Chancellor and Secretary of State for Justice ()
I thank the many His Majesty’s Prison and Probation Service and
His Majesty’s Courts and Tribunals Service staff who continue to
work hard over the Christmas period to deliver justice and keep
us safe. Since the last Justice questions, the Victims and
Prisoners Bill has passed its Third Reading in this House. It
will enshrine the overarching principles of the victims code in
law. It will establish a permanent independent public advocate
for victims of major incidents, and it will enable a second check
on Parole Board decisions in the interests of public safety. The
Sentencing Bill, which is cracking down on the worst offenders by
extending whole-life orders for any murder involving sexual or
sadistic conduct, also passed its Second Reading, as did the
Criminal Justice Bill, which will ensure, among other things,
that criminals face up to the consequences of their appalling
actions by requiring them to attend their sentencing
hearings.
Finally, in December, I took part in a park run at HMP Onley
alongside prison staff and serving prisoners. Congratulations to
all who took part, except perhaps my private secretary, who had
the audacity to beat me.
The Minister mentions sexual offences, but it frustrates me
beyond belief that my constituents have to wait on average 839
days for their cases to be heard. Is the distress caused taken
into account, or is the system too broken?
The hon. Gentleman is absolutely right to raise the issue of
victims of serious sexual offences. We take that incredibly
seriously, and that is why we have introduced measures such as
section 28, which enables evidence to be taken and recorded in
advance. We have increased the fees for barristers to make that
more straightforward. We have also increased the number of
independent sexual violence advisers, who accompany, as it were,
those victims on that journey. That is very important to prevent
dropout rates. This is an important point: the sentencing levels
are much higher—up by 30% compared with 2010.
(Vale of Glamorgan) (Con)
T2. I draw the attention of the House to my entry in the Register
of Members’ Financial Interests in that my wife is an education
lawyer. Parents appealing decisions in relation to education,
health and care plans and health needs are forced to wait between
nine months and 13 months from appeal registration to hearing.
That is far too long in terms of a child’s development. Does my
hon. Friend agree with that? Does he also share my concern that
some schools are delaying providing education, health and care
plans in the knowledge that it will take a year or more to have
an appeal?(900820)
The Parliamentary Under-Secretary of State for Justice ()
My right hon. Friend is right. Despite special educational needs
and disabilities appeals and disposals being up by 24% and 29%
respectively, I do share his concerns, and systematic reform is
required. That is why through the SEND and alternative provision
improvement plan, the Department for Education and ourselves will
be working hard to ensure that it is improved. I am more than
happy to meet my right hon. Friend to go through the details.
Mr Speaker
I call the shadow Minister.
(Lewisham East) (Lab)
The Children’s Commissioner’s report on family contact in the
youth estate states that at the weekend, in two young offenders
institutes, boys spent only up to one hour outside their cell
each day. We can clearly see why that has led to an increase in
violence. What is the Minister going to do about it?
It is important to note that, since 2010 when we came into power,
the number of under-18s in custody has dropped dramatically. The
cohort now in young offenders institutes is, to put it politely,
highly complex. We take that extremely seriously and want to
ensure there are sufficient staff. We do not give up on people,
but it is important to recognise that that cohort will have been
convicted of extremely serious offences, and we want to ensure
there are sufficient resources to try to get the best out of
them.
(Vale of Clwyd) (Con)
T3. I recently met the senior coroner for my area about concerns
over health services in north Wales and to discuss preventable
deaths. As part of that work, he pointed me towards the
Preventable Deaths Tracker, set up by Dr Georgia Richards in
Oxford. Will the Secretary of State commit to meeting Dr Richards
and me to discuss the potential benefits of the
tracker?(900821)
My hon. Friend makes a great point. My officials have already met
Dr Richards to discuss her work on the tracker and, together with
the Chief Coroner’s office, we are exploring with her team how
best to share the tracker on the various websites. However, I am
more than happy to meet with my hon. Friend and Dr Richards to
discuss how we can work together.
(Edmonton) (Lab/Co-op)
T4. Numerous studies have found that the numbers of minoritised
and migrant women being held on remand are disproportionately
high. For example, 10% of female black and Asian defendants were
remanded in custody by magistrates courts, compared with 7% of
white women. What steps are the Government taking to address
those clear inequalities in the use of remand?(900822)
The Minister of State, Ministry of Justice ()
I am grateful to the hon. Lady; she will be aware of the work
being done across the criminal justice system through both the
race disparity review and the Lammy review in that context.
Decisions on remand are taken by the judiciary, so it would be
wrong for me to comment on judicial decisions, but I am happy to
meet her to discuss this further if that would be helpful, and so
is the Minister for disparity in the justice system, my hon.
Friend the Member for Finchley and Golders Green ().
(Wimbledon) (Con)
T5. Can the Secretary of State confirm that the Director of
Public Prosecutions could take over a private prosecution and
discontinue it?(900823)
The Crown Prosecution Service can take over any criminal
prosecution. It may then carry out the prosecution or it may end
or discontinue the prosecution if it does not believe it should
have been brought in the first place.
(Dundee West) (SNP)
T6. I am pleased to say that the latest Scottish crime and
justice survey has shown that the volume of crime in Scotland,
including incidents not reported to the police, has fallen by
53%. In addition, we have one of the lowest levels of recorded
crime in Scotland since 1974—50 years. I add my thanks to all
those who work in Police Scotland Tayside for their duty and
service on behalf of my constituents in Dundee. Will the Justice
Secretary join me in congratulating Police Scotland and all the
community safety partners who have contributed to that
success?(900824)
We of course welcome any reduction in crime, and I am happy to
congratulate Police Scotland on its work. It is encouraging that
across the United Kingdom, and certainly across England and
Wales, crime and reoffending are down. However, I urge the hon.
Gentleman to ensure that Scotland does not anything that would be
regrettable, such as rolling back on jury trials, which are a
critical part of maintaining public confidence in the criminal
justice system.
(Bosworth) (Con)
T8. Having worked in A&E at Christmas over the years, I have
seen the outcome of alcohol-related violence and the injuries it
causes. I know the Department has been looking at fitting alcohol
monitoring tags for offenders during the festive season; what
assessment have the Government made of their effectiveness in
reducing alcohol-fuelled crime?(900827)
I am grateful to my hon. Friend for raising that point. Alcohol
tags are hugely valuable and are being used increasingly to
tackle alcohol-related offending, including violent crime,
successfully. Around 2,800 individuals were wearing an alcohol
tag at the end of November 2023, 900 more than in the same period
the year before, and alcohol bans imposed in community sentences
were complied with for 97.3% of the days monitored since their
introduction in October 2020. They are a vital crime-fighting
tool.
Mrs Emma Lewell-Buck (South Shields) (Lab)
T9. In May 2022, my constituent Tallulah Cox was diagnosed with
brain stem cancer. She was left catatonic from the radiation
treatment, a side effect that her parents, Zoe and Richard, were
never informed about. They then had to fight constantly for the
support and care that she needed from her local council and NHS.
That support never came. Little Tallulah passed away on 2
November last year—(900828)
Mr Speaker
Order. This is topical questions. I have to get everybody else
in. If the hon. Lady is going to ask a topical question, it must
be short and quick to allow others to ask theirs. Has the
Minister been briefed on what is being asked?
No.
Mr Speaker
Okay. Very quickly, then—please just ask the question.
Mrs Lewell-Buck
Little Tallulah passed away aged two on 2 November last year
after those services failed her. How can her parents get some
justice?
This sounds like an absolutely appalling case and my heart goes
out to Tallulah and her family. I am unaware of the details of
the case, but if the hon. Lady writes to me, she will get a
response.
(Torbay) (Con)
Dozens of businesses have signed up to Torbay Council’s safety of
women at night charter, which is being championed by Councillor
Hayley Tranter. What steps are the Government taking to ensure
that those who pose a threat to women, for example by spiking
drinks, get the type of deterrent sentence that such disgraceful
behaviour deserves?
The Parliamentary Under-Secretary of State for Justice ()
I congratulate Torbay Council and Councillor Tranter on their
excellent work to keep women safe in Torbay. Spiking is a
disgusting crime that carries a maximum sentence of 10 years in
prison depending on the harm that results. We are changing the
Offences Against the Person Act 1861 to define the offence of
spiking specifically and comprehensively in law, with a view to
encouraging more people to come forward. However, the biggest
barrier to conviction remains the fact that toxicology tests are
often conducted after the substance has left a woman’s body. That
is why we are investing in research for rapid drinks testing kits
so that spiking will be easier to prove and we get more of the
offenders behind bars.
Dame (Hackney South and Shoreditch) (Lab/Co-op)
My constituent was the victim of a violent attack, but because
the perpetrator got a sentence of less than 12 months, she was
not told when he was released from prison. The police say that it
is impossible for them to go through the records of everybody who
is released in order to advise her, so there is a gap in victim
support. Will the Secretary of State commit to resolving
that?
The hon. Lady raises an important point. I take that extremely
seriously. Certainly, under the victims code, the rights of
victims to be kept informed are far tighter than ever they used
to be. If we need to go further, that seems to be a sensible
conversation and I would be happy to have it.
(Stratford-on-Avon) (Con)
For too many years, this House has been witness to wrongful
convictions in the Post Office-Fujitsu scandal. There remain 800
Post Office convictions based on bad data. Until those
convictions are overturned, the victims cannot claim
compensation. We could do something good together if the Justice
Secretary brought a simple Bill to quash all 800 convictions
immediately.
I am grateful to my right hon. Friend, who, with his customary
precision, puts his finger on that appalling injustice. The
suggestion that he makes is receiving active consideration. I
expect to be able to make further announcements shortly.
(Leyton and Wanstead) (Lab)
I add my support to the comments made by the hon. Member for
Hertford and Stortford (). Cuckooing is a terrible
activity, and making it a specific crime not only makes sense but
would, I suspect, lead to the prosecution of other crimes such as
drug dealing.
As I indicated, I will have a conversation with my hon. Friend
the Member for Hertford and Stortford () about that. There is very
likely to be a substantive underlying offence, be it handling
stolen goods, possession with intent to supply or firearms
matters. This has been considered by way of discussions with
criminal justice partners, but if there are further matters to
consider with my hon. Friend, and indeed with the hon. Gentleman,
I would be happy to have those conversations.
(Stroud) (Con)
January is often considered family breakdown month. Anybody
taking the terrifically difficult decision to separate this year
will face not only a divorce costing over £14,000 on average, but
months, or potentially more than a year, of resolving child and
financial disputes. We need reform of focus in a range of areas.
Will the Lord Chancellor kindly agree to meet me and the
formidable and Baroness Shackleton to
look at our campaigns?
My hon. Friend raises an important point. I know that she
campaigns tirelessly on this issue. I am more than happy to
arrange a meeting with my noble Friend , who leads on this issue, to
update her and the noble Baroness Deech—
Mr Speaker
Order. I call .
(Leeds East) (Lab)
To reduce reoffending we need a strong, locally focused and
stand-alone probation service—similar to how things were before
privatisation—so why are the Government moving in the opposite
direction with their One HMPPS programme, which has triggered a
formal dispute with the probation unions because it subsumes
probation still further into prisons?
I am grateful to the hon. Gentleman for his question; it is nice
to answer questions from him again, as I did when he was shadow
Secretary of State.
The One HMPPS programme is about different parts of the system
working well together to create a system that delivers the
outcomes that society wants to see. I take the opportunity,
prompted by the hon. Gentleman, to pay tribute to all the staff
in the probation service. I had the pleasure of visiting some of
them in Southwark recently, and I pay tribute to all the work
they are doing.
Sir (South Swindon) (Con)
In a perfect world, the victims of the Horizon IT scandal would
have their cases individually assessed by the Criminal Cases
Review Commission and the Court of Appeal, but we are not in a
perfect world. The scale of the miscarriage of justice is
enormous, and there are hundreds of victims who understandably do
not want to come forward because they have lost faith in the
process. Will my right hon. and learned Friend the Lord
Chancellor now consider the exceptional and unique step of
legislating to quash the convictions?
I am grateful to my right hon. and learned Friend, who speaks
with such authority. The circumstances are truly exceptional.
When I was a Back Bencher, I went on the record as saying that
Horizon is the most serious miscarriage of justice since the
Guildford Four or the Birmingham Six. But the clue is that there
were four in the Guildford case and six in the Birmingham case;
we are talking about hundreds of people. The situation is truly
exceptional and unprecedented, and it will need an appropriate
resolution.
(Westmorland and Lonsdale) (LD)
Under the Illegal Migration Act 2023, victims of human
trafficking who arrived in the UK via irregular routes would not
have legal recourse to receive support under modern slavery
provisions. Are Ministers comfortable with that? They do not look
like monsters, so I assume not. If they are not, what will they
do about it?
I will have to write to the hon. Gentleman and check exactly what
the provisions are for legal aid under the Illegal Migration Act.
I am more than happy to provide him with the details and meet him
if necessary.
(Bromley and Chislehurst)
(Con)
Precisely because legislating to overturn convictions would be so
unprecedented, will my right hon. and learned Friend the Lord
Chancellor make sure that before such a step is taken, he is
satisfied from conversations with the senior judiciary that the
means of triaging and consolidating appeals that currently exist
may not be capable of delivering justice within an acceptable
timeframe?
That is precisely the point, and my hon. Friend has put his
finger on it. Of course, we would not want to stray into the
normal lane of the judiciary; we have huge respect for our
independent judiciary, who do an exceptionally good job of
ensuring that there is fairness on the facts before them. As I
have said, the case is wholly unprecedented, and we will want to
have exhausted all alternatives before taking radical action.
(Hammersmith) (Lab)
Spending on housing legal aid has fallen by more than half in the
past decade, from £44 million to £20 million. Is this a proper
response to growing insecurity, overcrowding and poor conditions
in the housing market, or might it be a contributing factor?
I have to say to the hon. Gentleman that just last year we
invested an extra £10 million in housing legal aid, so I think we
are addressing the issue.
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