Reoffending Rates Mr Steve Baker (Wycombe) (Con) 1. What recent
assessment she has made of the potential (a) financial and (b)
social benefits of reducing reoffending rates. [909086] The
Lord Chancellor and Secretary of State for Justice (Elizabeth
Truss)...Request free trial
Reoffending Rates
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1. What recent assessment she has made of the potential
(a) financial and (b) social benefits of reducing
reoffending rates. [909086]
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Almost half the people leaving our prisons will
reoffend within a year, with a cost to the economy of
£15 billion, and countless costs to victims and
society. We are giving prison governors the power to be
able to turn people’s lives around in order to reduce
that level of reoffending.
-
Prison should be a place of transformation and renewed
hope. What steps has the Secretary of State taken to
ensure that prisons are places of reform and
rehabilitation?
-
My hon. Friend is absolutely right. We need to ensure
that prison governors have all the tools at their
disposal to get people the education they may not have
had—almost half of prisoners do not have basic English
and maths—to get them into jobs and training so that
they can go into work and lead a lawful life when they
leave prison.
-
Following the transforming rehabilitation reforms,
there has been a 57% increase in the number of
offenders being recalled as a result of failure to keep
in touch during supervision after short sentences. What
action are the Government taking to address this rise
in the number of people being recalled to prison, and
why is such failure being seen as a result of the
reforms?
-
It is, of course, important that we recall people who
pose a danger to society, but we need to ensure that we
are recalling the right people. We are looking at that
issue and at wider probation reforms to ensure that we
turn people’s lives around not just while they are in
prison, but while they are under community supervision.
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One particularly stubborn area of concern has been the
above-average reoffending rate of those serving
sentences of 12 months or less. Does not that give rise
to the need to look again at the effectiveness and use
of short sentences as opposed to community penalties,
and to look carefully at the way in which the Through
the Gate programme operates? There is a real concern
that there is not adequate follow-up for people who are
released under these circumstances.
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The Chair of the Select Committee on Justice is right
that we need to get better at intervening before people
commit crimes that lead to custody. As well as
announcing a review of probation and the way in which
it operates, we are looking at community sentences. We
are ensuring that good community sentences are in place
and that there is a higher use of mental health
treatment orders and drugs desistance orders, which
reduce the likelihood of reoffending.
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What steps is the Secretary of State taking to reduce
reoffending by domestic violence perpetrators in
prisons and in communities?
-
The hon. Lady is absolutely right that as we have got
better at dealing with issues of domestic violence,
there is more we can do. That is why I am leading a
joint taskforce with the Home Secretary to look at the
law around domestic violence. We are also ensuring that
domestic violence victims are protected in the family
court. Under the Prisons and Courts Bill, abusers will
no longer be able to cross-examine domestic violence
victims, and that is an important step forward.
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I am sure the Secretary of State will welcome the fact
that companies such as Boots, Barclays, Carillion, Land
Securities, Ricoh and many others have “banned the box”
to improve the chances of ex-offenders getting jobs.
However, does she share my concern that some quite big
household names have not yet stepped up to the plate?
Will she do her bit to get them over the line alongside
those other good employers?
-
I congratulate my hon. Friend on the work he did to get
more employers involved in this when he was a Minister.
We are following on from his good work by setting up an
organisation called the New Futures Network, which will
comprise businesses and charities. The network will
encourage more employers to take on ex-offenders, who
are often very loyal and hard-working employees, and
who can help to address some of the skills shortages we
face.
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Reoffending now costs us £15 billion annually, as the
Secretary of State just said. A recent report by Her
Majesty’s inspectorate of probation noted that not
enough is being done to help prisoners to prepare for
life outside prison, due to a
“combination of unmanageable caseloads, inexperienced
officers, extremely poor oversight”.
The service was rated as four-star before
privatisation. What will the Secretary of State do to
address this?
-
As I have said, it is important that people are
supported to get into jobs once they leave prison. Just
as we are establishing metrics for governors, showing
how many people are employed once they leave prison, we
want to use similar metrics to hold probation operators
to account to make sure that they are focused on
getting people into homes and into work, which we know
leads to a reduction in reoffending.
Youth Justice System
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2. What progress her Department has made on reforming
the youth justice system. [909087]
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On 24 February, we announced changes to improve
governance of the youth justice system. We are creating
a new youth custody service headed by a dedicated,
experienced director who will lead on operational
delivery, and we have appointed Charlie Taylor as the
new chair of the Youth Justice Board.
-
Young people in custody now have more complex needs,
and more than three quarters of them have been excluded
from school. How will we put high-quality education at
the heart of the youth justice system, so that young
people can have a second chance of getting the skills
they need to break the cycle of reoffending?
-
My hon. Friend is, as ever, spot on with regards to the
importance of education. We are bringing forward plans
on secure schools, and we are going to put health and
education at the centre of that. I strongly believe
that when people leave the youth justice system, they
should be fit in body, fit in mind and fit to play a
positive part in society.
-
Has the Minister had a chance to see this morning’s
damning report on G4S’s performance at Oakhill training
centre? Has he yet made a decision on whether he plans
to allow G4S to flog off the centre to an American
buyer?
-
Yes, I have seen the report. In fact, it confirmed what
I encountered myself on a recent visit to Oakhill. We
are aware of the difficulties there, and we are also
aware that G4S is in the process of trying to sell the
youth justice arm of its business. I am keeping a close
eye on that process, and rule nothing out when it comes
to looking after the children and indeed the broader
security of society.
-
21. I congratulate the Secretary of State on the
appointment of Charlie Taylor as the new chairman of
the Youth Justice Board. I warmly welcome the new
figures showing that fewer young people than ever are
entering the youth justice system in the first place,
but reoffending rates remain stubbornly high,
especially for those young people sentenced to a period
in custody. What more can the Minister do to improve
those rates and stop our young people
reoffending? [909107]
-
As I said to my hon. Friend the Member for Enfield,
Southgate (Mr Burrowes), the Government strongly
believe that we need to create an environment in which
young people can learn and be rehabilitated so that
they can play a more positive part in society. Our
plans for secure schools—one in the north-west of
England and one in the south-east of England—will build
on that in the future.
-
Is overcrowding or understaffing the biggest problem in
our youth justice system?
-
No, it is not. [Interruption.] The problem is not
overcrowding. There are some issues around staffing,
which is why we have brought forward our plans on
creating a new role for the youth justice officer.
Those individuals are going to be attracted to work
specifically with children. We are also developing the
youth custody service as part of our plans around Her
Majesty’s Prison and Probation Service, because we
believe that there should be a distinct service to deal
with children in the criminal justice system.
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Youth reoffending rates are among the highest of all
prisoners, and we have just heard that reoffending
costs this country a total of £15 billion a year.
Surely the obvious answer is to make sure that all
prisoners serve their time in jail in full before they
are released out into the public.
-
Specifically in the youth justice system, I believe
that the most important thing is to ensure that when
young people are in custody, we take every opportunity
to treat them if they have mental health problems and
to provide the necessary education for future
employment prospects so that when they leave the
institution, they are less likely to reoffend.
-
It has been reported that Working Links, an outsourcing
company criticised for its handling of probation
services, including for failures in Wales and the
south-west, is the company that it is in talks to buy
Oakhill secure training centre from G4S. Is it part of
the Justice Secretary’s reforms to youth justice to
allow private companies with no experience in youth
justice to run our youth custody centres?
-
It is not about ruling out whether private or public
organisations should provide care in the youth justice
system. I point out to the hon. Gentleman that the
original contract for Oakhill was signed in 2005, and
the terms of the contract were set then.
Insurance Premiums
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3. What assessment the Government have made of the
effect of recent changes in the discount rate for
compensation for accident victims on the level of
insurance premiums. [909088]
-
As Lord Chancellor, I made a decision to lower the
discount rate. Not to have done so would have been
unlawful. Under the law, I may only consider the impact
on victims, not defendants. As I have said, the system
needs to be reformed, because I do not think it is
right that a discount rate is set on an ad hoc basis by
the Lord Chancellor.
-
Another organisation affected, to the tune of £1
billion, is the NHS. What discussions has the Lord
Chancellor had with the NHS Litigation Authority on
this topic?
-
I have spoken to my right hon. Friend the Health
Secretary to discuss the implications for the NHS. As I
said, under legislation the Lord Chancellor must only
consider the impact on the victim. I do not think the
procedure works in the right way, which is why I will
shortly bring forward a consultation on a better way to
set the discount rate.
-
There seems to be some element of confusion in the
minds of the public. The insurance industry says that
car insurance premiums will go up because of the fall
in the discount rate, while the Government, quite
rightly, say that insurance premiums should come down
because of the proposed changes in the Prisons and
Courts Bill. Is this a question of netting off, with no
change to premiums at all, or can the Lord Chancellor
be slightly more scientific?
-
My hon. Friend makes the point that there are different
issues around the discount rate and whiplash. The
measures on whiplash in the Prisons and Courts Bill
should reduce insurance premiums by, on average, £40.
The issue about the discount rate is very different: it
is an independent decision that the Lord Chancellor has
to make. I am saying that we need to review the way
that decision is made, and I will be bringing forward a
consultation on that very shortly.
Whiplash Claims
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4. What progress has been made on ensuring that only
legitimate whiplash claims are
successful. [909089]
-
Measures to disincentivise minor, exaggerated and
fraudulent whiplash claims are being taken forward in
the Prisons and Courts Bill, and through changes to
reduce the cost of litigation by increasing the small
claims limit.
-
Whiplash claims have increased by 50% over the past
decade, at a time when cars are becoming safer and the
number of road traffic accidents is falling. Does my
right hon. and learned Friend agree that it is time for
reform? Can he confirm the extent to which consumers
will benefit through lower car insurance premiums, and
how does he intend to hold insurance companies to their
side of the bargain?
-
My hon. Friend is absolutely right to point to the fact
that as cars have become safer there have been fewer
road traffic accidents. It is shocking that whiplash
cases have gone up by over 50% in the past 10 years.
The reforms I mentioned will, taken together as a
package, ensure that the genuinely injured receive
compensation, and fraudulent and exaggerated claims are
tackled.
-
22. Six thousand vulnerable road users—pedestrians and
cyclists—responded to the Justice Department’s
consultation on the reforms, expressing concerns that
cyclists and pedestrians would be disproportionately
affected by any increase in the small claims limit.
Will the Minister discuss the proposals with officials
and consider excluding vulnerable road user claims from
the increase, as discussed yesterday by Cycling
UK? [909109]
-
I pay tribute to the work of the all-party
parliamentary cycling group, which the hon. Lady
co-chairs. We have taken account of the overall effect
of the measures and looked at the representations made.
She will have noticed that some of the original
proposals have not been taken forward, and the ones we
have taken forward we believe are proportionate.
-
Obviously, none of us wants fraudulent claims for
damages, but have the Government made any assessment of
the effect the changes proposed in the Prisons and
Courts Bill will have on the numbers of litigants in
person?
-
Yes. The Government are keen to change the way in which
the courts work to make them not just the best in the
world but the most modern. This involves new procedures
that use online technology—virtual hearings for some
small matters and so on. The overall effect is to
improve access to justice and improve life for
litigants in person. We also have a special strategy
for litigants in person, which helps them.
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It is very important that we keep insurance premium
payments low. However, there is also a need for a
framework that ensures there is adequate compensation
for serious accidents. How can a balance be struck?
-
It is important for that balance to be struck. The
whiplash proposals relate to the most minor
claims—cases in which the pain and suffering lasts for
up to two years. Even then, there is provision for
judges, in exceptional cases, to award more than the
tariff that is proposed. When serious injuries are
involved, however, the system will continue as it is
now. It will still be designed to recompense people
properly for the injuries that they have suffered.
-
A few years ago, I was shunted up the backside—my car
was, I mean. Although I was perfectly well, I received
a phone call from someone who asked me whether I had
whiplash. I said, “No, I do not have whiplash.” The
person said, “Oh, go on! Say that you do have
whiplash.” I did not do that, because I am an
honourable person. My right hon. and learned Friend is
absolutely right to reduce the number of bogus claims.
-
I am very sorry that the hon. Gentleman is so
accident-prone. I remember serving on a Bill Committee
with him many years ago, and receiving the distressing
news that he had been bitten in a sensitive place in
the course of an excursion overseas. He really does
seem to suffer a disproportionate share of ill fate.
-
In those circumstances, my hon. Friend showed the
strength of character that I would have expected of
him. It was, of course, shocking to hear from
colleagues, during our Westminster Hall debate, of the
experiences that they and their constituents had had of
this dreadful cold calling. People are being begged to
start proceedings when they have not had an injury.
-
The Minister claims that there is a compensation
culture surrounding whiplash when, in reality, the
number of claims has been falling for five years. Even
if that were true, however, I should like to know why
he is penalising workers throughout the country by
increasing the personal injury limit to £2,000, rather
than focusing solely on whiplash.
-
I am glad to hear the hon. Gentleman—with his
background as a personal injury lawyer—raising those
concerns. [Laughter.] I see another one behind him,
waiting to ask a question.
The simple answer is that it was right to increase the
personal injury small claims limit to £2,000. That just
reflects inflation. The last increase was in 1991, so
it is time for another. As for the whiplash cases, I
stand by the £5,000 limit, which I think will get rid
of the exaggerated claims.
-
The Minister has mentioned inflation. In his 2009
review of civil litigation costs, Lord Justice Jackson
opposed any increase in the small claims limit until
inflation justified an increase to £1,500. The
Government now propose to increase it to £5,000. Can
the Minister explain, here and now, precisely how that
specific figure was arrived at?
-
As the hon. Gentleman knows, we are plagued by a series
of minor, exaggerated and fraudulent whiplash claims,
and we want to tackle that. We believe that the
combination of no settlement of claims without a
medical report, the tariffs in the Bill, and the
raising of the small claims threshold will
disincentivise those claims. The hon. Gentleman should
also bear in mind that the limit for ordinary money
small claims is £10,000.
Personal Independence Payments: Inverclyde
-
Well, all right—if the right hon. Gentleman can focus
exclusively on Inverclyde.
-
Indeed, Mr Speaker. The successful proportion would not
matter nearly so much if the Minister could arrange for
those appeals to happen a hell of a lot quicker, and if
he can fix it in Inverclyde—well, I need not spell it
out, Mr Speaker.
-
My right hon. Friend makes the important point that
justice delayed is justice denied, and it is important
that cases are brought on quickly. We monitor them very
carefully and provide extra days to tribunals as
required, so he can be assured that we are not
complacent about this.
Mental Health Problems: Prisoners
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6. What steps she is taking to ensure that prisoners
receive appropriate treatment for mental health
problems. [909091]
-
Prisoners are far more likely to suffer from mental
health issues than the general population. From April,
we will introduce a co-commissioning approach into
prisons in England, with governors making decisions
about prison healthcare alongside local NHS
commissioners. As I am sure the right hon. Gentleman
knows, these matters are devolved in Scotland.
-
Indeed, although the Howard League tells us that 2016
was the worst year ever recorded for suicides in
prison, with one prisoner every three days across the
UK taking his or her life. Does the Minister accept
that the earliest diagnosis— and the best
diagnosis—will not make much difference if we continue
to house prisoners in overcrowded prisons, with the
most vulnerable being locked up 23 hours a day?
-
Each of those cases is a tragedy and my condolences go
to the family concerned. The right hon. Gentleman is
right that it is important to hold prisoners in
appropriate circumstances. We are working hard to
improve the mental health training of staff, and we are
in lengthy discussions with the Department of Health
about the broader provision of mental health care.
-
18. What analysis has the Department done on people
going into prison with mental health problems, as
opposed to acquiring mental health problems in
prison? [909103]
-
We are working hard on continuity of care in the
transmission of notes from the community into the
custodial estate so that we can improve our pick-up of
mental health problems when prisoners arrive. There is
ongoing training of staff so that if mental health
symptoms develop within prison they can be spotted and
the appropriate care provided.
-
When inmates become so acutely unwell that the prison
is not equipped to care for them, they should receive
appropriate treatment under the Mental Health Acts. In
the outside world, this happens within 24 hours; in
prisons, the guidelines recommend 14 days. An answer I
received to a parliamentary question last year showed
that, of 1,141 prisoners, three in four waited more
than that two-week window. What action is the Secretary
of State taking to rectify this urgent situation?
-
The hon. Lady is right that access to secure
accommodation can be challenging—not only within the
prison system but within the community for those who
have not committed offences, who cannot always access
it within 24 hours. We are in lengthy discussions with
the Department of Health on this, because access to
secure accommodation in the circumstances the hon. Lady
outlines is very important.
-
Last year, 2016, was the worst recorded for suicide in
prisons. The Secretary of State introduced the Prisons
and Courts Bill, but it contains nothing to address
mental health issues. Why has the Justice Secretary
missed this valuable opportunity to enshrine in law the
way in which we treat prisoners with mental health
problems?
-
Last year’s prison White Paper contained something on
healthcare, giving governors input into the
commissioning of services, so that if there is an issue
with mental health provision the governor can say so.
Legal Advice
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7. What progress has been made on making access to
affordable or pro bono legal advice more widely
available. [909092]
-
The Government’s court programme aims to deliver a
justice system that is more accessible. Legal support
needs to reflect the new way in which the justice
system will work, so a Green Paper is proposed for
early next year. I recently addressed the Civil Justice
Council and was able to pay tribute to the work of Mr
Justice Knowles and the tireless work of everyone in
the pro bono sector that does so much for our country.
-
Will the Minister join me in thanking law students from
Huddersfield University law school and local law
practices for their excellent work in providing a
fantastic Huddersfield legal advice clinic in the
Packhorse centre? Does he agree that as constituency
MPs we must make sure that we can direct our
constituents not only to pro bono legal advice but to
affordable and accessible legal advice?
-
Huddersfield University is known as a beacon in this
area, and it has done tremendous work. I was pleased to
meet some of the students during pro bono week last
year. I pay tribute to them and to all the universities
and other bodies that set aside time to help people
with their legal work.
-
The Minister will know that much good pro bono work is
going on in the legal profession, but does it balance
all the crooked, bent solicitors in the insurance
industry who are practising in our towns and cities and
who are behind the conspiracy over whiplash?
-
The hon. Gentleman is right to highlight the improper
behaviour that occurs in some cases. It is right that
the Solicitors Regulation Authority and disciplinary
tribunals take a tough line on that. We have seen some
recent examples of that.
-
Barristers and solicitors across the country are making
a remarkable pro bono contribution worth around £600
million per annum, but they cannot do it all. Does the
Minister agree that pro bono must be an adjunct to, and
not a replacement for, a properly resourced legal aid
system?
-
I do agree with that, but with the caveat that we are
changing the way in which the justice system works so
that it is simpler and more accessible. We are also
using modern technology. We should look at how legal
support dovetails with all that. So, yes—but we are
moving forward with our plans.
-
In a report called “Cuts that hurt”, Amnesty
International highlights the devastating impact of
legal aid cuts on vulnerable groups in England. Amnesty
concluded that the cuts had decimated access to
justice. What steps is the Minister taking to review
the impact of the Government’s cuts to legal aid in
England and Wales?
-
When I addressed the all-party parliamentary group on
legal aid, I was pleased to meet members of Amnesty
International to discuss their concerns about
particular areas of law. We have announced our
timetable for the review of the Legal Aid Sentencing
and Punishment of Offenders Act 2012, which involves
delivering a full memorandum to the Justice Committee
by May and holding a full review going through into
early next year, at which point there will be a Green
Paper on legal support.
-
Since 2013, legal aid funding has not been available in
England and Wales for many immigration cases, including
family reunion cases. Unaccompanied or separated
children making applications to stay in the UK have to
do so on their own, without legal assistance. Given
Amnesty’s findings, will the Minister follow the
example of the Scottish Government and provide legal
advice and assistance to vulnerable individuals such as
those children, who have to navigate a very complex
immigration system?
-
Justice questions would be a lot shorter if we did not
have quite so many lawyers. They are very clever and
eloquent, but they do take up a lot of the time.
-
I am not going to make my declaration about that now,
Mr Speaker. This is a complex issue. There is a role
for the local authorities to play, and there is some
legal aid available, but I am in correspondence with
Amnesty and am looking into the matter in detail.
Court Proceedings: Media Reports
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8. What recent assessment she has made of the extent to
which local media report on court
proceedings. [909093]
-
We are committed to upholding and strengthening the
principle of open justice, in which local reporters
play an important role.
-
Does my right hon. and learned Friend share my concern
that more than half of local newspaper editors have
said that they think the courts are no longer being
reported properly? Does he agree that justice needs not
only to be done but to be seen to be done, and that the
decline of local media represents a real threat to that
principle? What more can be done to address this issue?
-
Yes, I agree entirely with my right hon. Friend. This
is an important area. We are committed to upholding
open justice, and local reporting of court proceedings
is a key part of that. Under our reforms, we will
publish lists of forthcoming criminal cases and their
outcomes. We will also allow access to virtual hearings
via video screens in local courts, so that reporters
can see those proceedings anywhere in the country. We
hope that that will make a contribution to the
important principle that my right hon. Friend
highlights
-
Does the Minister support the BBC’s proposals to work
with local newspapers and local websites such as the
excellent Wrexham.com to improve the coverage of court
proceedings and local coverage generally?
-
In fact, my right hon. Friend the Member for Maldon (Mr
Whittingdale) was the initiator of that scheme, which
we do support.
Prison Officers: Recruitment and Retention
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9. What steps she is taking to increase recruitment and
retention of prison officers. [909094]
-
15. What progress the Government have made on
recruiting more prison staff. [909100]
-
16. What steps she is taking to increase recruitment
and retention of prison officers. [909101]
-
In November, we announced a £100 million investment to
increase prison officer numbers by 2,500. We are on
target with that recruitment, and I can tell the hon.
Lady today that 700 officers are currently in
training—a record number.
-
An inspection report on Durham prison published this
morning shows that 60% of prisoners report feeling
unsafe—up from 37% in 2013. At the same time, the
number of staff has reduced from 190 to 159. Does the
Secretary of State agree that it is harder for prison
staff to keep themselves and prisoners safe when
numbers have been so reduced? What is she going to do
to improve prisoner safety now?
-
The hon. Lady is absolutely right about the concerning
report on HMP Durham. We are addressing issues of
recruitment in that prison, and in prisons across the
country. We have created 2,000 new positions at a more
senior grade for experienced officers with mental
health training and other types of training. Those
positions will be available in Durham, which will help
us to retain some of our experienced and valued staff.
-
Retaining and recruiting experienced staff is crucial
to the success of any organisation. What steps is my
right hon. Friend taking to keep experienced prison
officers, particularly in the north of England?
-
My hon. Friend is absolutely right. We are creating an
additional 2,000 positions, which will be paid around
£30,000. They will be available in his local area and
in Durham, because it is vital not only that we ensure
that we have enough staff—we are recruiting 2,500
prison officers—but that we retain our highly valued
existing staff right across the country.
-
I refer the House to my entry in the Register of
Members’ Financial Interests. Research by the Community
union found that the main barrier to retention was not
pay but safety. Prison officers in both private and
public prisons feel unprepared, isolated, and
undermined. Will the Government conduct a complete
review of the training, support, and development given
to prison officers and act on Community’s call for a
set of adequate minimum safety standards?
-
The hon. Gentleman is absolutely correct that prison
officers have raised concerns about safety. We are
employing more prison officers so that one officer will
have a case load of six offenders, which will help to
keep prisons safe and, importantly, turn people’s lives
around. We are reviewing training and the career
structure for prison officers, ensuring that there are
opportunities for promotion and to take on leadership
roles.
-
The Government are closing down old, ineffective
prisons and replacing them with modern prisons. In
fact, they are building capacity for 10,000 new places
on the basis of old for new. Will that not help to
retain prison officers?
-
My hon. Friend is right. I was delighted that we were
able to say that Wellingborough will have one of those
new prisons. We have just opened HMP Berwyn in Wrexham,
which is operating well already and will help us to
deal with overcrowding. The new prisons will also
ensure that we are able to attract and retain prison
officers in places where offenders can be reformed.
-
I rise to speak as chair of the cross-party justice
unions parliamentary group. As the Secretary of State
mentioned, HMP Berwyn opened its doors and accepted its
first men last week, but how can she condone paying
newly recruited prison officers in north Wales £8,000
less than new recruits in south-east England?
-
I am determined to ensure that we recruit the right
number of officers right across the country. In the
south-east, where costs are high and where there is
much competition for highly skilled individuals, we
have specific issues with recruiting and retaining
people. However, the 2,000 new more senior roles that I
mentioned are available right across the country, and
people in HMP Berwyn will be able to apply for them
with that extra training and get that extra pay.
-
There are now 6,000 fewer prison officers on the
frontline than in 2010, and they are dealing with more
prisoners. The Secretary of State wants 2,500 extra
officers by 2017, but officers are leaving the service
faster than she can recruit them. When will she come up
with an effective plan to turn around that expanding
exodus?
-
I am afraid that there were two factual errors in the
hon. Lady’s question. First, the prison population is
exactly the same as it was in 2010—it has not gone up.
Secondly, we are recruiting people at a record rate and
have a record number of officers in training.
Court System
-
10. What progress the Government have made on
modernising the court system. [909095]
-
We are investing £1 billion to reform and take paper
out of our courts, and the Prisons and Courts Bill
underpins those reforms.
-
The Prisons and Courts Bill clearly underpins the
Government’s vision to modernise our court system, but
I am particularly interested in the measures to allow
victims and vulnerable witnesses to avoid the risk of
coming face to face with their assailant. Will my right
hon. and learned Friend update me, please?
-
We will obviously have physical measures, such as the
use of screens in courts, but we also intend to
maximise the use of video links in criminal court
proceedings, to roll out pre-recorded evidence and to
make greater use of prison-to-court video links. The
Bill also helps to protect vulnerable witnesses in
family cases by banning cross-examination by
perpetrators in certain circumstances, including where
there has been domestic abuse.
-
The Victims’ Commissioner’s review of children’s
entitlements in the victims code found that the justice
system is failing to meet a child’s right to receive
information and for that information to be communicated
in a timely way. Why does the much-needed update to the
young witness pack remain incomplete? When will every
child giving evidence get accurate and updated
information about the process?
-
We are talking against a background where improvements
are being made for victims all the time. I accept that
more needs to be done for children, and the hon.
Gentleman makes an important point. We are looking to
produce further measures for victims in due course, and
I will make sure that that is considered.
Prison Service Pay Award
-
11. Which organisations she consulted on the prison
service pay award announced by her Department on 19
February 2017. [909096]
-
We have announced that, in prisons where recruitment
and retention are most difficult, we will offer a
combination of higher starting pay and an additional
allowance of up to £5,000 a year, taking the salary of
officers in those jails to up to £30,000. The relevant
trade unions were advised in advance.
-
Good management suggests that we lift up the lower paid
in the Prison Service, which will help with recruitment
and, more importantly, lift morale.
-
The hon. Gentleman makes an important point. We want to
make sure that our hard-working prison officers are
well rewarded. Our announcement on 19 February, to
which he refers, was specifically designed to tackle
jails where it is very hard to recruit because of the
high cost of living in their particular market. This
year’s pay award for all prison staff is a matter for
the independent pay review body, to which we will
submit evidence shortly.
Imprisonment for Public Protection: Sentences
-
12. How many people are serving sentences of
imprisonment for public protection which have lasted
for more than twice the length of their original
sentence. [909097]
-
As at 31 December 2016, there were 2,006 unreleased
prisoners serving a sentence of imprisonment for public
protection who had served more than twice their
original tariff.
-
I thank my hon. Friend for that depressing statistic.
My constituent has served not twice but five times the
length of his original sentence. Having been sentenced
to two and a half years for actual bodily harm, he has
been in prison for 12 and a half years. When is he
going to be released?
-
The hon. Gentleman is obviously aware that the IPP
tariff was introduced by the last Labour Government,
and abolished by the Conservative Administration in
2012. Our efforts are now focused on giving IPP
prisoners the support, opportunities and motivation to
progress more quickly so that, when they are reviewed
by the parole board, they have the best possible
prospect of securing release. We are tackling delays in
the system and have identified what more needs to be
done. A specific unit is looking at individual cases in
order to progress them as quickly as possible.
Prison Work
-
13. What steps the Government are taking to ensure that
prisoners work and earn while they serve their
sentences. [909098]
-
We are launching new performance metrics that will
measure not only the amount of work taking place in
prisons but the percentage of prisoners who secure
employment on release, and we will use those
measurements to hold governors to account. We are also
creating new apprenticeships in areas where there are
skill shortages, such as construction, retail,
catering, logistics and digital, so that prisoners can
go into relevant roles.
-
We know that paid work transforms lives. Rather than
provide purely menial work or training, will the Lord
Chancellor require prisoners to pay their way via
skilled employment, which can continue when their
sentences end?
-
My hon. Friend is correct. We are taking an outside-in
approach: we are finding employers who have jobs to
offer on the outside, and they then start to deliver
training on the inside, so that the individual goes
straight into an apprenticeship or employment on
release. We already have a very successful scheme
involving Land Securities and Halfords, and we are
building up the number of employers that are part of
that arrangement.
-
There are many great examples of prison enterprises,
such as the Freedom Bakery, which is a social
enterprise artisan bakery that operates in the Scottish
Prison Service at HMP Low Moss near Glasgow. What
measures are the Government taking to encourage such
initiatives south of the border?
-
That is an important initiative. We have several
initiatives in our prisons, including the Clink
Restaurant and the Bad Boys’ Bakery, which does
excellent baked goods—I think I mentioned it last time.
There are huge opportunities in catering and cheffing,
in which we have skill shortages. We can do a great
deal with apprenticeships to make sure that people are
trained up to take on those roles on release.
Concerted Indiscipline: Prison Response
-
14. What steps she is taking to review the capability
of (a) HM Prison Service and (b) contracted-out prisons
to respond to incidents of concerted
indiscipline. [909099]
-
All prisons, both private and public, face the same
challenges to safety and security. We are continually
reviewing and supporting prisons across the estate to
mitigate and manage serious threats and incidents.
-
On how many occasions in the past year have private
prisons required the support of the public Prison
Service to deal with prison indiscipline?
-
Mutual assistance across both sectors is in place in
the event of an incident to provide immediate support
to those prisons in need. That means that private
sector prisons can provide support to public sector
prisons—and vice versa—in the event of a serious threat
or incident.
Prison Safety and Security
-
17. What steps the Government are taking to make
prisons safer and more secure. [909102]
-
We are taking urgent action to improve prison safety
and security, alongside reforms to overhaul the system
to focus on the rehabilitation of offenders. This
includes tackling the supply and demand of drugs,
drones and phones, which drive prison violence and
undermine safety, and redoubling our efforts to address
the record levels of suicide and self-harm.
-
I am the rapporteur to the Joint Committee on Human
Rights, which is conducting an inquiry into mental
health and deaths in prisons. Last week, we took
evidence from four serving prisoners, including on the
issue of safety. One young man told us that he had
received only two days’ advance notice of when he was
due to be released, causing him great anxiety about
accommodation and having a sufficient support network.
Will the Minister undertake to look at the resettlement
problem?
-
I would be surprised if the gentleman my hon. Friend
mentions was informed of his release only two days in
advance, but I would of course be happy to look into
the situation in more detail.
-
When the Minister replied to the question asked by my
hon. Friend the Member for Luton South (Mr Shuker)
about safety in prisons, he forgot to supply my hon.
Friend with the number. What is the number?
-
The answer is very straightforward: mutual assistance
exists for prisons to support each other in both the
private and public sectors.
-
Staff morale is very important to safety and security
in prisons, so I wish to ask the Minister again about
the flexibilities that I understand governors will have
on pay increases from 1 April. Will that mean that we
could end up with prison officers in Hull being paid
less than prison officers down the road in Leeds? How
will that affect morale?
-
No. As I said in my answer to a previous question, the
matter of Prison Service pay will be decided
nationally. The independent pay review body will also
submit evidence throughout this year. That will still
be the case where we have governor freedoms, but, in
giving governors their budgets, they will be able to
decide on the mix of staff and how to deploy them.
Foreign National Offenders: Legal Aid
-
19. What proportion of legal aid is allocated to cases
of foreign nationals convicted in the UK who are
appealing against deportation. [909104]
-
It is not possible to isolate cases of that type using
the data recorded by the Legal Aid Agency.
-
Just as McCloskey condemned lawyers from Burton &
Burton, which represented members of the Rochdale
grooming gang, for gaming the system, he also said that
Government should investigate that and other examples.
What steps is the Minister taking to look at the bad
use of legal aid?
-
As the hon. Gentleman may know, the Legal Aid Agency
does investigate cases that are brought to its
attention, and there have been recent examples where
contracts have been removed. It is also important to
make the point that, even where there is the
possibility of legal aid and representation for foreign
national offenders, it is limited to cases involving
the refugee convention or articles 2 or 3.
Prison Estate: Isle of Wight
Leaving the UK: Human Rights
-
23. What her policy is on the protection of human
rights after the UK leaves the EU. [909110]
-
Human rights have been protected in the UK since long
before our membership of the EU, and leaving the EU
will not change that.
-
What assurances can the Minister give that any future
trade deal that is agreed by the UK Government and the
EU during negotiations will contain a commitment to
human rights?
-
As the hon. Gentleman will know, the Joint Committee on
Human Rights is looking at that issue. The Department
for International Trade has given evidence on this,
saying that it is constructing its approach to such
agreements at the moment. This country has always been
a strong supporter of human rights, and I cannot see
that changing.
Topical Questions
-
T1. If she will make a statement on her departmental
responsibilities. [909111]
-
Last month, we introduced the Prisons and Courts Bill.
For the first time, as well as punishing offenders by
depriving them of their liberty, a key purpose of prison
will be reforming offenders. There will be a new
framework and a clear system of accountability. I will
account to Parliament for progress. We are also putting
in a strengthened inspectorate and an ombudsman for
sharper external scrutiny. We are modernising our courts
system and ensuring that vulnerable victims and witnesses
are no longer cross-examined by their alleged abusers in
the family court.
-
My Homelessness Reduction Bill reaches its Committee
stage in the House of Lords on Friday. One provision is
to ensure that prison governors prepare prisoners so that
they are not homeless when they leave prison. What action
has my right hon. Friend taken to ensure that prison
governors are aware of their responsibilities under the
new law?
-
First, I can tell my hon. Friend that we are making sure
that we measure how successful prison governors are at
getting people into accommodation once they leave prison.
The public will be able to see that information, as it
will be publicly available. I am also speaking to my
right hon. Friend the Secretary of State for Communities
and Local Government and working with him on his
homelessness plan, and helping ex-offenders get into
homes is a key part of that.
-
T2. The Secretary of State for Scotland indicated that
sweeping powers would be devolved to Edinburgh following
Brexit. However, when asked for clarification, he
promised criminal justice powers, which are already
devolved. Will the Justice Secretary confirm what that
will entail, or is double devolution just a cover for a
post-Brexit power grab? [909112]
-
As the hon. Gentleman knows, those issues are being
discussed by my right hon. Friends the Prime Minister and
the Secretary of State for Scotland. It is important that
we get a deal that is good for the entire United Kingdom.
-
T4. Mobile phones in prisons allow criminals to deal
drugs, intimidate their victims and continue criminality
from within their prison cell. Will my hon. Friend say
how the powers in the Prisons and Courts Bill will help
to address the scourge of mobile phones in prisons once
and for all? [909114]
-
The measures in the Prisons and Courts Bill will allow
the Secretary of State to authorise mobile network
operators to block illicit mobile phone signals across
entire prison sites. That will allow industry experts to
work more creatively and effectively to block signals,
which means that we will not require a court order to
stop the illicit and harmful use of mobile phones in
prison.
-
T3. Obviously, we do not want to follow the United States
in politicising the judiciary. However, to ensure some
degree of public accountability when appointing Supreme
Court judges, might the Minister consider allowing the
Chair of the Justice Committee to sit on the relevant
appointment panel? [909113]
-
I thank the hon. Gentleman for his thoughts on this
issue. I point out that there is currently an open
competition for Supreme Court justices. I want to
encourage as many qualified candidates as possible to
come forward. The closing date is the 10th, so if any are
listening, I want them to apply for the role. It is very
important to distinguish between the situation in the US,
where there is a written constitution, and here, where we
have a sovereign Parliament and the role of the Court is
to interpret legislation. The Select Committee absolutely
has a role to play, post-appointment, in making sure that
it is holding the Supreme Court justices to account, but
I think that it would be dangerous to muddy the water
with pre-appointment hearings.
-
The hon. Gentleman looks cruelly let down, but we will
have to cope.
-
T5. Some of my constituents who work in Winchester prison
have highlighted directly with me the challenges that
they have at work, locally and nationally. As the Lord
Chancellor is keenly aware, there are rising challenges
around extremism in prisons. Will she update the House on
the progress of the new directorate for security, order
and counter-terrorism? [909115]
-
My hon. Friend is absolutely right: extremism is a worry
in our prisons. That is why we set up the new security
and counter terrorism unit in the Ministry of Justice.
That unit is progressing with implementing the
recommendations of the Acheson review that the Department
adopted last summer.
-
T6. The Government sensibly introduced section 67 of the
Serious Crime Act 2015 to allow the police to arrest
paedophiles for sending sexual communications to
children, rather than waiting until they actually meet.
However, the power cannot be used until the commencement
order is passed. It is two years since the Act became
law. Will the Secretary of State say how much longer the
police will have to wait until they can keep our children
safe? [909116]
-
I am looking at this to get on with it imminently.
-
T8. I have been raising the issue of false and
exaggerated whiplash claims ever since I was elected. Can
the Lord Chancellor ensure that her plans for change in
this area will be successful and result in real benefits,
such as much lower premiums for law-abiding
drivers? [909118]
-
May I pay tribute to the work that my hon. Friend has
done on the Transport Committee to highlight this
important issue? We hope that every motorist will see a
benefit of £40. We are certainly pressing hard on the
issue.
-
T7. Police and voluntary services are being overwhelmed
on the streets of Wrexham by incidents of the use of
psychoactive substances. Will the Lord Chancellor please
ask Her Majesty’s prison Berwyn to share its specialist
knowledge of the subject with agencies in
Wrexham? [909117]
-
I thank the hon. Gentleman for his question. We have
expertise in dealing with psychoactive substances. We
have rolled out tests across the prison estate, and we
are working on prisoner education to deter people from
that type of drug abuse. I am very happy to facilitate a
meeting with the Prison Service and the hon. Gentleman,
so that we can make progress together.
-
T9. Does my right hon. Friend the Secretary of State
share my concern at the content of the answer to my
earlier question? Will she get a grip on this important
issue, and will she follow the lead of my right hon.
Friend the Member for Surrey Heath (Michael Gove) in
saying that prisoners such as the one I mentioned earlier
should be released immediately? [909119]
-
First, I am very happy to make sure we look into the case
my hon. Friend raises. We do have to remember that public
protection must always be our priority, so while we are
keen to see people get the training and re-education they
need to secure a successful parole hearing, we must
always make sure the public are kept safe.
-
T10. Rather than curtailing access to justice for those
with legitimate personal injury compensation claims, why
are Ministers not cracking down on the cowboy aggressive
marketing of claims management
companies? [909120]
-
It is important to do both, and we have a package of
measures that achieves that, so I do not think the hon.
Lady need concern herself that we are not taking this
forward.
-
As the Secretary of State mentioned, the Supreme Court
judges application process ends on Friday. In
circumstances where around 20% of Court of Appeal judges
and 20% of High Court judges are female, what is she
doing to ensure we get more diversity in our highest
courts?
-
My hon. and learned Friend is absolutely right. We have
never had a female Lord Chief Justice or a female Master
of the Rolls. Out of 11 Supreme Court justices, only one
is a woman, and that is not good enough in modern
Britain. What we need to do is make sure it is easier for
highly talented solicitors to apply to go on the bench,
and is looking at
that. We are creating direct entry into the High Court
for talented individuals, and we are also creating the
100 top recorders competition to encourage more entrants
from among good individuals.
-
Given the 30% cut in prison officer numbers since 2010,
and given the poor retention rates among new recruits, at
what point will the number of officers reach the
appropriate level?
-
As my right hon. Friend the Secretary of State said in
answer to an earlier question, we are investing £100
million to add 2,500 prison officers, and we have more
officers in training than we have ever had before.
-
The vast majority of successful personal independence
payment appeals succeed because of late additional
submitted evidence. What discussions has the Minister had
with colleagues in the Department of Health to
automatically share supportive medical evidence at the
beginning of the process?
-
My hon. Friend makes an important point about the way in
which the process should work, and it has been the aim of
the reforms to achieve that, but I am happy to discuss
the issue further with him.
-
Does the Secretary of State recognise that current human
rights legislation adheres minimally to the provisions
contained in the Good Friday agreement for Northern
Ireland and therefore that the Human Rights Act 1998
should be retained?
-
I am grateful to the hon. Lady for that. As she knows, we
have made an announcement that there will not be an
imminent change, because, although we have a mandate for
that, we want to find out what the outcome of the Brexit
negotiations is, and that is, in itself, a major
constitutional change.
-
Developing skills in prison is crucial to successful
rehabilitation, but it is important that those skills
translate into the real world. What consideration are
Ministers giving to ensuring that skills development in
prison dovetails with the needs in the industrial
strategy?
-
My hon. Friend is absolutely right, and I know he is a
big supporter of the new Wellingborough prison. In that
prison, as well as in others across country, we are
looking at areas where there are skills shortages—whether
it is in construction or catering—and making sure that we
start apprenticeships in prison that can then be
completed on the outside, so that we can bring new,
skilled people to important industries.
-
There are reports today of children being held in
solitary confinement in prisons in this country, which is
shocking, immoral and probably unlawful. Surely, the
Secretary of State understands that, whatever chance
these young people have of turning their lives around,
they will not find it if they are locked in a cell for 23
hours a day. Will she commit now to ordering an end to
this practice?
-
I am aware of the reports from the Howard League. The
safety and welfare of young people held in custody is our
highest priority. I would stress, though, that these
cases are extremely difficult. Some of these young
individuals are extremely difficult to manage, and
governors on the ground have to make decisions that are
in the interests of the broader community in prison and
the wider security of society.
-
Given the disturbing revelations this morning relating to
Facebook and the use of sexualised images of children
online, are we doing enough to protect our children,
online and offline?
-
I am working on this subject very closely with my right
hon. Friend the Secretary of State for Culture, Media and
Sport. We need to ensure that more people are brought to
justice—in fact, there has been an increase of 140% in
those brought to justice for sexual offences—but we also
need to make sure that internet companies are doing their
bit to crack down on this practice.
-
Several hon. Members rose—
-
Order. If the right hon. Member for Slough (Fiona
Mactaggart) can be as brief as she is illustrious, the
House will be blessed.
-
Ministers have praised the Corston report on women in the
criminal justice system and yet are currently planning, I
hear, to open specialist units for women as adjuncts to
men’s prisons, going in the opposite direction to the
Corston report. Can they reassure me that I am wrong?
-
I can reassure the right hon. Lady that she is wrong and
we are not doing that. In fact, I will be giving a speech
this afternoon on the 10th anniversary of the Corston
report, and she is very welcome to come along.
-
Put a copy in the Library of the House and we will all be
blessed.
-
The Ministry has released figures showing that the number
of incidents of drugs being found in prison more than
quadrupled from 2,500 in 2015 to 10,400-plus in 2016, yet
the National Offender Management Service does not keep a
central register of cell searches, which is where many of
these drugs are found. Will that change?
-
I thank the Chairman of the Select Committee for that
question. We will take every action necessary to make
sure that we deal with the scourge of drugs in our
prisons.
-
After a constituent of mine residing in HMP Lindholme was
seriously assaulted when other inmates had access to keys
to their cells while he did not, is it not abundantly
clear that the people who are in charge of our prisons
are not governors, and certainly not the Secretary of
State, but the prisoners?
-
That is certainly not the case. We do recognise, however,
that by recruiting more staff and strengthening the
frontline we will make it much easier for staff to
challenge and support prisoners. That is why we have
announced new investment to recruit 2,500 new officers
for our jails, and we are also enabling a caseload of one
prison officer per six prisoners, so that they can
support our prisoners in the efforts to rehabilitate
them.
-
While significant progress is being made on foreign
national offenders being returned, what analysis is there
of foreign national offenders coming into the system—and,
crucially, do we monitor whether there is a net reduction
in foreign national offenders on the estate?
-
The number of foreign nationals entering our prisons is
monitored by the Ministry of Justice. Our figures
indicate that between 30 June 2008—the highest point—and
30 June 2016, there was a 14% decrease in the total
foreign national prisoner population. This is good
progress, but I acknowledge that there is still a lot
more to be done.
-
Several hon. Members rose—
-
-
Despite the Government’s attempt to recruit more prison
officers, staff rolls at many prisons continue to
fall—High Down’s went down by 30. Is this recruitment
drive working, or are demoralised prison officers leaving
before they can recruit more?
-
We have launched a very important prison officer
recruitment programme, and we have a record number of
officers currently in training. However, we need to
recognise that it takes time to recruit and train these
officers. That is why we are also making sure that we pay
our experienced officers at the right level and creating
new, more senior roles for experienced officers as well
as getting new recruits in.
-
Several hon. Members rose—
-
Let us hear from Members who have not so far been heard.
-
I am afraid that the Secretary of State’s answer to my
hon. Friend the Member for Chesterfield (Toby Perkins)
was simply not good enough. Can she explain why, after
two years, she still has not commenced the law to protect
our children from sexual predators?
-
I assure the hon. Lady, as I assured the hon. Member for
Chesterfield (Toby Perkins), that this is imminent.
-
With cuts to local government funding and other sources,
access to advice on civil matters is being squeezed
harder than ever. There are cuts of 50% in York. What is
the Justice Secretary doing about this?
-
As I explained earlier, we are re-engineering the system
so that it is much easier to access for members of the
public, and we are also reviewing legal aid.
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