Transgender Prisoners Carolyn Harris (Swansea East) (Lab) 1. What
support and resources the Government are providing to transgender
prisoners. [908338] The Parliamentary Under-Secretary of State
for Justice (Dr Phillip Lee) The House will...Request free trial
Transgender Prisoners
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1. What support and resources the Government are
providing to transgender prisoners. [908338]
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The House will be aware of the tragic death of Jenny
Swift at Doncaster prison on 30 December. My sympathies
are with her family. As with all deaths in custody,
there will be an inquest and an independent
investigation by the prisons and probation ombudsman.
We are firmly committed to ensuring that transgender
offenders are treated fairly, lawfully and decently,
with their rights and safety respected.
-
I cautiously welcome the new guidance regarding the
management of transgender prisoners, and I am sure we
are all keen to see all transgender people treated with
respect and dignity. However, can the Minister assure
the House that the new guidance applies to transgender
people held in immigration and detention centres, as
well as to those housed in the general prison system?
-
I thank the hon. Lady for her question. The new
guidelines to staff were issued on 9 November,
following a review of the management and care of
transgender offenders. The review involved independent
oversight, including from the Prison Reform Trust. To
put the issue into perspective, we have 70 people in
this position in the estate at the moment, which
broadly reflects the incidence in the population.
Specifically on the question the hon. Lady asks, if she
writes to me, I will reply.
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The National Offender Management Service guidance is
very welcome, but will the Minister outline whether it
applies to non-binary people who are in prisons,
because this issue is not just about those who define
themselves as men or women but about non-binary people
as well?
-
I thank my hon. Friend for that question. Again, to put
the issue into perspective, we currently have four
people who are in that position in the estate. The new
guidelines state that all transgender prisoners
“must be allowed to express the gender with which they
identify”,
irrespective of prison location.
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Will the Minister confirm that that means there is no
longer a requirement for a gender recognition
certificate? Will he also tell us how confident he is
that these guidelines are being applied across the
whole estate and when he expects to do an assessment of
their impact?
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The underlying principle is that people are cared for
and managed in the gender with which they identify,
rather than that being based solely on their legally
recognised gender. As I said earlier, the guidelines
came about through interaction with various independent
organisations, and staff are being trained in this
area. I think some perspective is required here: we
have a prison system that is traditionally male-female,
and we are dealing with relatively small numbers, but,
yes, I am keeping an eye on this issue. In particular,
with regard to recent tragic events, I am also looking
individually at each case.
Prisoner Rehabilitation
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2. What steps the Government are taking to improve
prisoner rehabilitation. [908339]
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The Prison and Courts Reform Bill will for the first
time set out in legislation that the reform of
offenders, as well as the punishment of offenders, is a
key purpose of prison. We need to make sure the whole
system is focused on getting prisoners the education
they need, and getting them off drugs and into jobs, so
that we can reduce the £15 billion cost of reoffending.
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I commend my right hon. Friend for the work she is
doing in making prison governors more accountable. Will
she set out the standards she is laying down so that
prison improvements, and indeed offender outcomes, can
be properly measured?
-
My hon. Friend is absolutely right that we need
standards so that we can hold prison governors to
account on what they are achieving. We are going to
start introducing those standards from April 2017. They
will include measures such as prison safety, progress
made in English and maths, progress on getting
offenders into employment and measuring the time out of
cell in prisons.
-
The Secretary of State will know that good
rehabilitation depends on at least two things: a good
probation service providing aftercare when people leave
prison, and good partnerships with the business
community and employers, who will give people
appropriate employment to steer them on their way. We
have had some good experience at Reading and other
jails. Will the Secretary of State back that kind of
partnership?
-
The hon. Gentleman is absolutely right. We know that
when somebody gets into work on leaving prison, they
are much less likely to reoffend. We are going to
launch an employment strategy later this year to
encourage more employers like Timpsons, which already
does a fantastic job, to participate. We also want to
get the third sector involved in that rehabilitation
programme. We will also announce reforms to the
probation system, and one key focus will be on how the
probation service gets people into employment.
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Has there been progress on getting accurate job vacancy
data from the Department for Work and Pensions in the
areas to which prisoners will be released, to focus
work preparation in prisons as effectively as possible?
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We are working with the Department for Work and
Pensions to get the data and make sure that they are
much more linked up. By giving governors more power we
will enable them to work with local employers in making
sure that jobs are available. We are training people in
prison and getting them into apprenticeships so that
they can continue those apprenticeships and that work
when they leave prison.
-
What steps are the Government taking to ensure that
mental health problems are picked up as part of the
rehabilitation process, not just to reduce suicide
rates in prisons but to ensure that services are
streamlined on release?
-
The hon. Lady is absolutely right that mental health is
a major issue. We are giving governors more power over
the commissioning of mental health services in prison.
I also want to see better diagnosis of mental health
issues earlier in the criminal justice system, when
people appear in court and when they are on community
sentences.
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Will the Secretary of State set a high standard for
employment projects in prisons along the lines of the
experience in Padua? I am sure that she is aware of
Pasticceria Giotto, an outstanding and exporting bakery
business.
-
I thank my hon. Friend for her comments. Catering and
bakery is a big area in which we do a lot of training
already. We are working with organisations like Costa
Coffee to get people into employment. We also have the
Bad Boys Bakery at Brixton, which produces some
excellent cakes.
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There is no reason to doubt it; the Secretary of State
seems remarkably well informed about these important
matters.
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Getting ex-prisoners into employment is clearly very
important, as the Secretary of State has said. What
assessment has her Department made of the number of
prisoners who leave prison and get into employment and
stay in it for more than six months?
-
The hon. Gentleman is absolutely right to talk about
the longevity of such employment. We are designing the
measures on which prison governors and probation
services will be held to account on the basis of
getting people into sustainable employment. That is
very important.
Fixed-term Recalls
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3. What recent assessment she has made of the
effectiveness of fixed-term recalls. [908340]
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An offender who is assessed as presenting a high risk
of serious harm will receive a standard recall.
Thereafter, they will be re-released before the end of
their sentence only if the risk they pose is reduced
and they can be safely managed in the community. In
cases that are not high risk, however, a fixed-term
recall is often a more appropriate response.
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It is bad enough that prisoners are automatically
released halfway through the sentence, whether or not
they still pose a risk to the public, but when someone
released on licence from prison then reoffends, surely
the least the public can expect is that the criminals
concerned are sent back to prison to serve the
remainder of their prison sentence in full. Instead, a
huge number of these people are simply recalled to
prison for just 28 days on a fixed-term recall,
sometimes on multiple occasions. How does the Minister
justify this fraud on the British public?
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As I said, where a high risk is posed, the prisoner
will not be re-released before the end of their
sentence. Offenders on licence who are charged with a
further offence and assessed as presenting a high risk
of serious harm receive a standard recall. If they are
convicted of a further offence, they get a fresh
sentence.
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In a recent case in Northern Ireland, someone charged
with a serious terrorist offence in connection with the
murder of prison officer absconded when
he was on bail, and the police did not report that to
the courts for over five weeks. Is the Minister aware
of that, and has he had any discussions with the
Minister of Justice in Northern Ireland to take this
matter forward?
-
That is only tangentially related to the question on
the Order Paper, and I think that is a generous
statement, but the Minister is a dextrous fellow, so
let us hear from him.
-
The straightforward answer is that I am not aware of
that particular case and I am willing to take it up
with the hon. Gentleman.
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Some in the justice system have raised fears that
recall is used too readily by community rehabilitation
companies because they are disincentivised from
investing time in those they consider will not be able
to complete their community sentence. What assessment
has the Minister made of the use of recall by community
rehabilitation companies?
-
The hon. Lady makes a good point about the process
whereby community rehabilitation companies have to
justify the grounds for recall to officials in the
National Offender Management Service before going
ahead. Where officials do not find grounds for recall,
they will then challenge the community rehabilitation
companies. It is important to recognise that sometimes
recalling an offender who is in breach of their licence
allows the offender manager to put in place the
appropriate mechanisms to manage them in the community.
Prison Staff
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4. What steps the Government is taking to support
prison staff in maintaining order. [908341]
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We are recruiting an extra 2,500 prison officers and
rolling out new body-worn cameras. We are also
empowering governors and providing extra funding to
enhance the physical security of the prison estate.
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To be fair to the Government, I appreciate that prison
violence has been a problem for decades. I remember
being a PPS 28 years ago when the Home Secretary was
coping with a prison riot. But was it really wise to
cut the number of prison officers by a quarter in the
last six years, given these problems?
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I should be delighted to have a conversation with my
hon. Friend about his experience looking at these
issues. He is absolutely right that they have been a
problem for a number of years, and it will take time to
build up the front line and recruit those 2,500
additional officers. We have recently faced new
challenges, with psychoactive substances, drones and
mobile phones. We are taking action to deal with those,
but it is vital that we have the staff on the front
line who can both reform offenders and keep our prisons
safe.
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Six major incidents in eight weeks is unprecedented in
the 25 years I have been in this House. Following on
from her reply to the hon. Member for Gainsborough (Sir
Edward Leigh), will the Secretary of State confirm that
the figures to September meant a loss in that last year
of 417 prison officers? When she says that she has to
recruit 2,500 officers, does she not mean that in the
next 12 months she will have to recruit 4,000 to make
up those 2,500, and does she intend to do that?
-
The right hon. Gentleman is absolutely right. We need
to recruit 4,000 officers over the next year. I
announced initially that we were recruiting officers
for 10 of the most challenging prisons. We have already
made job offers to almost all those 400 people, so we
are making good progress. We have recently launched a
graduate scheme, Unlocked. Within 24 hours of
announcing that scheme, we had expressions of interest
from more than 1,000 candidates, so there are people
interested in joining the Prison Service. It is
challenging to recruit that number of officers, but we
are absolutely determined to do so. It is what we need
to do to turn our prisons around and make them places
of safety and reform.
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Does my right hon. Friend accept that the greatest
support that we can give to prison officers is to make
sure that they have the correct levels of staffing in
their prisons? Is she aware that there have been
significant problems, highlighted by recent reports, in
Chelmsford prison, which have been attributed to the
understaffing of the prison? May I ask her what is
being done to get the levels of staff to the correct
ones, and would she agree to the prisons Minister
having a meeting with me to discuss that?
-
My right hon. Friend is absolutely right. We need to
recruit staff at Chelmsford, in addition to other
prisons. I know that my hon. Friend the prisons
Minister will meet my right hon. Friend soon. I am keen
to visit Chelmsford myself to meet my right hon. Friend
and see the situation on the front line.
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As well as issues with understaffing and morale, we
still have some old prisons that are not suitable for
the kind of rehabilitation that we need, and that cause
security issues. Can the Government update us on what
is happening to deal with that fundamental
infrastructure problem?
-
The hon. Gentleman is absolutely right. It is harder to
reform offenders and create the safe environments that
we want in old prisons that are not fit for purpose.
That is why we are building additional prison places.
We have £1.3 billion allocated. We will open HMP Berwyn
in Wales shortly, which will have additional places. We
are committed to this, and I will announce more about
our prison build programme in due course.
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What has been the effect of the decisions in 2011,
which were confirmed in 2016, to reduce the daily
accommodation fabric checks to barely a weekly check?
How has that helped to achieve the desired outcome, as
stated at the time, of maintaining order and reducing
self-harm?
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My hon. Friend raises an important issue. We need cells
that are fit for purpose and usable. One of the things
that my hon. Friend the prisons Minister has been
focusing on in his regular meetings is making sure that
our contractors get cells back to use and fit for
purpose.
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Some prisons, including Her Majesty’s Prison
Birmingham, use prisoner violence reduction
representatives—prisoners who are paid to monitor other
inmates—to discourage disorder. Stakeholders we have
spoken to suggest that some are ensuring compliance by
themselves meting out violence to troublesome inmates.
What assessment has the Justice Secretary made of their
use?
-
The hon. Lady refers to violence reduction programmes.
I have seen them in place in a number of prisons, where
they can be very effective. Peer to peer support can
often turn prisoners around, but it needs to be
carefully managed and monitored. My expectation is that
it is the role of the governor of the prison to make
sure proper systems are in place.
-
In December, during her statement to the House on the
riot at Her Majesty’s Prison Birmingham, the Justice
Secretary suggested that as many as 13 Tornado teams
were deployed to the prison. Such events deprive other
prisons of officer numbers. Is she confident that she
has the resources to deal with disturbances of this
kind, and when will Sarah Payne’s investigation into
what happened be concluded?
-
We are increasing the number of Tornado staff to make
sure that we can deal with any incidents that arise
across our prison estate, particularly while we are
building up the strength of our frontline. Those
officers do a fantastic job, and they did a fantastic
job in resolving the incident at HMP Birmingham. I can
tell the hon. Lady that the investigation into the
incident at HMP Birmingham, which is being led by Sarah
Payne, will report back in February.
Drug Addiction
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5. What steps the Government are taking to (a) treat
drug addiction in prison and (b) provide education and
skills training to prisoners formerly addicted to drugs
to help them to find work on release. [908342]
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9. What steps the Government are taking to (a) treat
drug addiction in prison and (b) provide education and
skills training to prisoners formerly addicted to drugs
to help them to find work on release. [908347]
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12. What steps the Government are taking to (a) treat
drug addiction in prison and (b) provide education and
skills training to prisoners formerly addicted to drugs
to help them to find work on release. [908350]
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Our prison safety and reform White Paper affirms the
Government’s commitment fundamentally to reassess our
wider approach to tackling the supply of and the demand
for drugs in prisons. It also gives governors greater
power over services in their prisons, devolving control
over education and increasing influence over healthcare
provision, including drug testing and rehabilitation.
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I have visited many prisons in my role as rapporteur on
mental health for the Joint Committee on Human Rights,
and one of the most consistent and challenging problems
is not only treating drug addiction but preventing new
psychoactive substances from entering the prison
system. Will the Minister update me on the Department’s
plans to prevent NPS abuse in prisons?
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Prisons have a range of searching tools available. We
have trained 300 dogs to detect psychoactive
substances, and we have introduced laws to prosecute
those who smuggle and supply drugs.
-
Will my hon. Friend explain what impact legal highs are
having inside prisons, and what steps are the
Government taking to crack down on this very serious
problem?
-
The use of legal highs is undeniably changing behaviour
patterns among prisoners. Last night’s “Panorama”
illustrated the impact of new psychoactive substances.
We have developed an innovative testing programme under
the current mandatory drug testing regime, and we
continue to work with health partners to reduce demand.
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In the light of the increasing pressures on the prison
population, does my hon. Friend see any merit in the
Howard League for Penal Reform’s suggestions about
increasing the use of community orders—they certainly
work well in Southend—and in its approach to helping
offenders with drug problems?
-
We want community orders to be effective so that
further crimes are not committed. This includes better
mental health interventions and drugs and alcohol
desistance interventions. I am fully aware of the fact
that if we can get to grips with the mental health
challenges and the substance misuse challenges, crime
will go down.
-
If the Minister is to address the issue of drug
addiction, he will have to address the issue of drugs
being smuggled into prison. One method of doing that
would be the introduction of new scanning machines
similar to those at airports. Has the Minister given
any consideration to doing that in prisons, thereby
stopping drugs being smuggled by people into prison?
-
Yes, consideration has been given to that. There is a
particular difficulty with new psychoactive substances,
because the way in which they are smuggled in—for
example, by the impregnation of letters or paper—means
that it is difficult to stop them via scanning. The
hon. Gentleman should be assured that we are desperate
to get a grip on the smuggling and supply of drugs into
prisons because of the adverse impact that they are
having.
-
The hon. Member for Vale of Clwyd (Dr Davies) has an
identical question, Question 19. It was not grouped
with this question, but the position is clear: if he
does stand I will call him, and if he doesn’t I won’t.
He does. Get in there man!
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19. Does my hon. Friend agree that, if we are to reduce
reoffending, it is vital to get prisoners off drugs and
give them the skills they will need to find work in
their local community on release? [908358]
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My hon. Friend, who has the same profession as me,
fully understands the importance of the proper
treatment of substance misuse. Having successfully got
off the drug, part of that is finding purpose in life
and employment is key to that.
Prison Staff: Recruitment
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6. What steps the Government are taking to recruit more
prison staff. [908343]
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17. What steps the Government are taking to recruit
more prison staff. [908355]
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We are investing significant financial resources
totalling about £100 million to recruit 2,500
additional prison officers. We are investing £4 million
in our marketing campaign and effort. In addition to
our national recruitment campaign, there are local
recruitment schemes in 30 jails where it is hardest to
recruit.
-
I am grateful to my hon. Friend for his reply. I urge
him, as he begins the recruitment process, to give due
consideration to recruiting in rural areas, such as
north Dorset, where house prices are high, rural public
transport is scarce and unemployment levels are very
low. That makes the governor’s job at a prison such as
Guys Marsh in my constituency even harder.
-
I am aware that my hon. Friend takes a keen interest in
Guys Marsh, his local prison. I assure him that Guys
Marsh has been made a priority prison, which means that
the governor is getting extra resource, in addition to
our national campaign effort, to recruit the staff he
needs.
-
Many of my constituents work in the Prison Service and
I was contacted recently by one constituent who has
worked in it for more than 23 years. He was concerned
about the morale among his fellow officers and cited
recent riots. What assurances can the Minister give me
that those who serve on the frontline are able to work
safely and with the appropriate staffing numbers?
-
My hon. Friend is absolutely right: prison officers are
some of our finest and bravest public servants, and we
want them to be able to work in safe conditions. That
is why we are tackling the scourge of drones, drugs and
phones in our prisons, and recruiting more staff so
that they can work in a safe environment.
-
Given the enormous turnover of staff on the prison
estate and the reality that the Government will need to
employ about 4,000 extra staff to reach their net
figure of 2,500, what is the Minister doing to
incentivise existing prison staff to stay and not walk
out?
-
The reality is that, in 75% of our prisons, recruitment
is not a challenge. However, there is a challenge in
some prisons, particularly in London and the
south-east. In those places, we are offering market
supplements of about £4,000 to attract new people. For
those who are already in the system, we are in
discussions about professionalising the Prison Service
more to give them a better status and more pride in
their jobs.
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The chief executive officer of the National Offender
Management Service, Michael Spurr, told MPs that there
is a need to recruit 8,000 more prison officers to
achieve the increase of 2,500, as we have heard again
today, yet existing prison officers have rejected the
latest NOMS pay offer. When Michael Spurr met the
Prison Officers Association this week, did the
Secretary of State join him, and did she make the
necessary commitments to make increased staffing in the
Prison Service a reality?
-
The Secretary of State and I met the POA last week. We
had a very constructive discussion about continuing
talks and, more widely, about workforce reform,
professionalising prison officers’ jobs and raising
their status.
Leaving the EU: Justice
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7. What assessment she has made of the implications for
the justice system of the UK leaving the
EU. [908344]
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10. What assessment she has made of the implications
for her Department’s policies of the UK leaving the
EU. [908348]
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We are determined to use the opportunities presented by
our exit from the EU to build a truly global Britain.
Our world-leading legal services contribute £25 billion
per annum to the UK economy. My Department is leading
the work on future co-operation with the EU on civil,
commercial and family law, and, together with the Home
Office, on criminal justice.
-
I welcome the Prime Minister’s confirmation that we
will be ceasing membership of the single market and
thus ending the control of the European Court over this
country. Does my right hon. Friend look forward to the
day when the British courts are no longer undermined by
European judges sitting in Luxembourg?
-
My hon. Friend is absolutely right. The UK has
fantastic, independent and incorruptible judges, and we
will be leaving the jurisdiction of the European Court
of Justice, meaning that final decisions will be down
to British judges.
-
As with all things Brexit, we are facing a period of
uncertainty around the recognition and enforcement of
citizens’ rights associated with EU membership. What
plans do the Government have to recognise the rights of
parties in pending cases before the Court of Justice at
the time of our departure from the EU?
-
Such issues will be resolved in due course, and there
will be a statement later today from my right hon.
Friend the Brexit Secretary.
-
What can my right hon. Friend do to reassure the legal
profession that contracts where the choice of law is
English or Welsh law will continue to be enforceable
across Europe, even after we have left the EU?
-
My hon. Friend is absolutely right. This is a vital
issue for our fantastic legal services profession—four
of the top 10 international law firms are headed in the
UK. I said this week at a joint meeting with the Lord
Chief Justice and members of the legal profession that
mutual enforcement of judgments will be a key part of
our Brexit negotiations.
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Civil and criminal justice are devolved to the Scottish
Parliament. Does the Secretary of State for Justice
agree with the conclusions of the first report of the
Exiting the European Union Select Committee that the
great repeal Bill must be dealt with in a way
consistent with the existing devolution settlement, and
does she accept, therefore, that the legislative
consent of the Scottish Parliament to the great repeal
Bill will be required?
-
I look forward to meeting the hon. and learned Lady to
discuss the issues of the devolved Parliament. The
Prime Minister has been clear that she wants to strike
a bespoke Brexit deal that works for the whole UK.
-
Because civil and criminal justice are devolved, the
triggering of article 50 will have major implications
for the rights and freedoms of people in Scotland. Does
the Secretary of State accept, therefore, that the
Sewel convention will be engaged, and does she agree
with the Supreme Court’s judgment this morning that the
Sewel convention has an important role in facilitating
harmonious relationships between the UK Parliament and
the devolved legislature?
-
As I said, the Prime Minister and the Secretary of
State for Exiting the EU are working closely with the
Scottish Government, and the Government have been clear
that they will respect the decision of the Court this
morning.
Probation Service
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8. What recent assessment she has made of the effect of
the volume of probation officer caseloads on the
effectiveness of the probation
service. [908345]
-
We are currently conducting a comprehensive review of
the probation system so that it reduces reoffending,
cuts crime and prevents future victims. A wide range of
factors impacts on the effectiveness of probation
services, including not only caseloads but the nature
of supervision and rehabilitative support.
-
In October, a joint report by the prisons and
probations inspectorates found that
“high workloads meant that there was no time to think
about cases in prison”
and that
“workload for resettlement workers meant that they
spent very little time working with individual
prisoners”.
Is not that evidence that the Government’s mistaken
privatisation of the probation service is failing
prisoners, failing to prevent reoffending and therefore
failing to protect the wider community?
-
Our ambition for the probation system review, due out
at the beginning of April, is clear. We want a simple
probation system with clear outcome measures, such as
getting offenders into employment and housing.
Outcomes, rather than inputs, are the best way to judge
our probation service across the board.
-
-
That was on a previous question, Mr Speaker.
-
Oh, never mind. We will bear the hon. Gentleman in mind
for subsequent questions.
Courts System
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11. What progress the Government have made on
modernising the courts system. [908349]
-
The Government’s reforms will modernise the courts and
tribunals system and improve the experience of everyone
who comes into contact with it, particularly victims
and witnesses, but we need to make sure that the
provision of legal support is also updated to reflect
the new way the justice system will work. We will work
closely with the legal sector, victims and witnesses
and others to review across the board the types of
support needed in a modernised justice system and
produce a Green Paper in the spring of 2018.
-
Technology can mean that courthouses that were little
used and have closed can still allow constituents to
get access to justice. Can the Minister confirm that
Skegness courthouse is going to receive the kind of
technology solution that will allow my constituents
still to get access to justice, and that that will not
come at a cost to the local police?
-
We are working with local interested parties to
establish a video link facility for Skegness. That will
allow victims and witnesses to give evidence without
travelling to Boston.
-
Yesterday, the British-Irish Parliamentary Association
heard how well the Garda and the Police Service of
Northern Ireland are working together. When we leave
the EU, however, it looks as if we will become
associate members of Europol, and the Schengen
information system is another item that we need to keep
together. Will the Minister ensure that we are in
either the same place or a better place?
-
I think that the hon. Gentleman also meant to refer to
the modernisation of the courts system—purely an error
of omission from the hon. Gentleman.
-
I would like to see the modernisation of the courts
system.
-
Excellent. I would be happy to discuss the issue with
the hon. Gentleman or indeed to pass his remarks to the
Secretary of State for Exiting the EU to make him aware
of the hon. Gentleman’s concerns.
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23. Over the last couple of years, three magistrates
courts have been closed in Gloucestershire, the
probation service has been divided and the Crown court
in Gloucester and the magistrates court in Cheltenham
continue to leak, while disabled access to both is
poor. The Minister has been sympathetic to those
issues. Can he confirm today that action will be taken
on the physical condition of the courts and that an
assessment will be made of the rehabilitation company’s
work? [908362]
-
Yes. I had a very useful meeting with my hon. Friend,
and I can certainly confirm both the points he makes. I
am particularly keen to get that skylight fixed for
him. I am working hard on that.
-
In his reply to the question from the hon. Member for
Boston and Skegness (Matt Warman), the Minister
referred to modernising the tribunal system. Does he
agree that part of that modernisation should be getting
rid of employment tribunal fees, the introduction of
which has led to a cut in the number of employment
tribunal cases by two thirds and a cut of more than 80%
in sex discrimination cases? Can the Minister announce
today that those fees will indeed be abolished as part
of access to justice and modernising the system?
-
As the hon. Gentleman knows, we have been reviewing
employment tribunal fees, and I can say that the
publication of that review is imminent. Having said
that, there is a difference of opinion across the
Chamber on this matter. We think it right that
individuals should contribute to the costs of the
tribunals. It is also worth bearing in mind that ACAS
has increased its workload in employment cases from
about 23,000 cases a year—the number it used to
conciliate—to 92,000 cases now. The result has been a
very large increase in the number of cases that do not
then proceed to the tribunal.
-
21. Does the Minister agree that, if the UK is to
remain at the forefront of legal services worldwide and
if the sector is to continue as an engine for jobs and
growth, it is vital that our courts system is modern,
flexible and fit for the 21st
century? [908360]
-
I do agree. We have the best legal system in the world,
but we also need to have the most modern one. Getting
as many things out of court that do not need to be
there, applying the full force of judge and courtroom
for the most difficult and complex issues, stripping
away unnecessary hearings, redundant paper forms and
duplication are all important. I can report that, while
two hearings ago, there was a saving of a Shard-load of
paper as a result of these reports, that has now gone
up to three Shard-loads, so we have saved a pile of
paper as high as the Burj Khalifa, the largest building
in the world.
-
What a well-informed fellow the right hon. and learned
Gentleman is.
-
The new chairman of the Bar Council, Andrew Langdon QC,
has warned people not to rely too heavily on the
delivery of justice online. Yesterday the President of
the Family Division, Sir James Munby, complained that
facilities in his courts were a disgrace,
“prone to the link”
—the video link—
“failing and with desperately poor sound and picture
quality”.
His own court, Court 33, has no such facilities and no
video links. Does the Minister understand that some
cases are not suitable for video links, and is he
prepared to properly resource the ones that are?
-
It is important for the courts to have the facilities
that they need, which is the reason for our
modernisation programme. As for the concern expressed
about open justice, everything will work on the basis
that people are able to see what is happening in a
virtual hearing, so there will not be any secret
justice.
Rehabilitation
-
13. What steps the Government are taking to prepare
offenders for life outside prison. [908351]
-
It is vital for us to reduce the £15 billion cost of
reoffending, and all the misery that it causes in our
society. We must therefore ensure that offenders enter
employment when they leave prison, and as a result of
our new standards, governors will be held to account
for that.
-
My private Member’s Bill, which is intended to reduce
homelessness, will return to the House on Friday. One
of its key provisions is a duty for the Prison Service
to help people who are leaving prison to find stable
homes. What measures can my right hon. Friend take to
ensure that prison governors use the four two-hour
workshops to prepare prisoners for a life outside
prison?
-
My hon. Friend is absolutely right. Finding suitable
housing, like getting a job, is very important to
reducing reoffending. We will therefore measure housing
rates as well as employment rates, and prison governors
will be held accountable for how well they do in
helping offenders to obtain housing.
-
Let us hear the voice of Bolton West on this matter.
Chris Green.
-
16. It is commonly understood that once people have
been in prison they have paid their debts to society,
and contributing to society, especially through work,
is a key part of rehabilitation. Does my right hon.
Friend agree that the declaration of a criminal record
at the very beginning of a job application creates an
unnecessary barrier to work? [908354]
-
I entirely agree that it is important for us to help
people to find work. I support the Ban the Box
initiative, and we are exploring options for its
promotion. Later this year we will publish our
employment strategy. We want to encourage more
employers like Halfords, Greggs and DHL, which already
work with ex-offenders, to become involved. Once they
have jobs, ex-offenders often prove to be loyal and
effective employees.
Human Rights Act 1998
-
14. What recent progress she has made on the
Government’s plans to replace the Human Rights Act
1998. [908352]
-
We are committed to reforming our domestic human rights
framework, and we will return to our proposals once we
know the arrangements for our exit from the European
Union.
-
In September, the Secretary of State said that she was
expecting to meet the Scottish Justice Minister to
discuss the repeal of the Human Rights Act in Scotland.
How does she plan to guarantee that the proposed
British Bill of Rights will not compromise the autonomy
of the Scottish legal system?
-
The Secretary of State has offered some dates, and I
hope it will be possible for the meeting to take place.
There will be some time for that now, because, as I
have said, we will return to our proposals once we know
the arrangements for exit from the EU.
-
It is of course right that our manifesto commitment to
replace the Human Rights Act remains on the
Government’s agenda, but does my right hon. and learned
Friend agree that leaving the European Union and
freeing the United Kingdom from the bonds of the
charter of fundamental rights must be their top
priority?
-
I do agree with that. I think it important for us to
sort out the EU side of matters, and the exit from the
EU, before we return to that subject.
-
20. In Scotland there is strong cross-party support for
the European convention on human rights and the Human
Rights Act, both in Parliament and throughout civil
society. Does the Minister agree that any attempt to
repeal existing rights will be likely to provoke a
constitutional crisis?
[908359]
-
I do not accept that the sort of changes we are
proposing to consider once the situation is known about
our exit from the EU would be a crisis-making
combination. This country has always had a proud
respect for human rights; it long predates the Human
Rights Act, and I think we can all agree on that.
Foreign National Offenders
-
15. How many foreign national offenders are in prison;
and what steps she is taking to return those people to
prison in their own countries. [908353]
-
As of 30 September 2016 there were 6,688 foreign
national offenders serving a custodial sentence in our
prisons. A further 2,374 foreign nationals are being
held in prison on remand or in immigration detention
centres. We are committed to increasing the number of
foreign national offenders removed from our prisons,
whether they are removed under the prisoner transfer
agreement or the early removal scheme. In 2015-16,
5,810 FNOs were removed from prisons and immigration
removal centres; that is the highest number since
records began, and since 2010 33,000 have been removed.
-
Poland has one of the biggest national groups of
foreign national offenders in our prisons. Poland’s
derogation from the compulsory EU prisoner transfer
directive was due to expire in December 2016. Are we
now in a position to send these Polish prisoners back
to prison in their own country?
-
All eligible Polish nationals have been identified and
deportation orders sought. We have referred cases to
the Polish courts, and transfers will take place once
Polish legal procedures have been completed.
-
Does the Minister think the number of prisoner
transfers will go up or down after we leave the EU?
-
We have already been in touch with the Department for
Exiting the European Union on prisoner transfer
agreements, but, as I said in my opening answer, that
is one way of removing prisoners from this country. The
early removal scheme is another way, and we have been
successful at removing a lot of prisoners through that
scheme.
-
Has the Ministry of Justice made an assessment of how
many British offenders are held in foreign prisons?
-
There is a number available, but I do not have it to
hand. I am willing to provide it, if the hon. Lady
wants to follow up.
-
Put the details in the Library; it will be helpful to
us all.
Employment Tribunals
-
22. When she plans to publish her Department’s review
of the introduction of employment tribunal
fees. [908361]
-
-
The Prime Minister claims she wants to protect workers’
rights. Is not the Government’s fear in publishing this
report that it is going to demonstrate that the
introduction of fees has negated that process? The
Minister earlier said that publication is “imminent”;
his predecessor said last July it was “soon”. Can he
define the terms and give us a date?
-
The hon. Gentleman will not have long to wait; it is
genuinely imminent—but it has taken longer than we had
hoped.
Topical Questions
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