Oral Answers to Questions

Kate Osamor Excerpts

Tuesday 9th January 2024 Commons Chamber

[Edward Argar]

The hon. Lady raises an important point. Although, on partial data for this year, caseloads are going down, she is right to highlight that they are still high. She makes a good point about the post-sentence supervision requirement, which I am happy to reflect on carefully. I understand that the Lord Chancellor and Secretary of State for Justice, the right hon. and learned Member for Cheltenham (Alex Chalk) has met representatives to hear their views on the matter.

[Kate Osamor (Edmonton) (Lab/Co-op)]

16. Whether he is taking steps to help improve the safeguarding of prisoners with mental health needs.

[The Minister of State, Ministry of Justice (Edward Argar)]

We are committed to improving mental health outcomes for prisoners, including recruiting additional staff, because having adequate staffing in prisons is important; investing £625,000 of funding in the Samaritans each year until March 2025, which includes the delivery of the Listener scheme; and working alongside NHS England, which is responsible for delivering mental health support services in the custodial estate to ensure that they are joined up and effective.

[Kate Osamor]

I have been working with a constituent whose son sadly took his own life in Pentonville last year. Although it is well established that there is a high rate of mental health problems among prisoners, the provision of support is insufficient and even reliable data on the scale of the issue is lacking. Will the Government commit to a full review of the support and safeguarding for prisoners with mental health problems?

[Edward Argar]

I am grateful to the hon. Lady, and I hope that through her I can pass on my sympathies and condolences to her constituent. I am not aware of the details of that case, but if she wants to write to me, I would be happy to look at that specific case. Sadly, there are too many deaths in custody and every one is a tragedy, so I am always happy to look at ways in which we can better improve the support available to those with mental health conditions or other health conditions that might make them more vulnerable within a custodial environment.

--- Later in debate ---

[Mike Freer]

My hon. Friend makes a great point. My officials have already met Dr Richards to discuss her work on the tracker and, together with the Chief Coroner’s office, we are exploring with her team how best to share the tracker on the various websites. However, I am more than happy to meet with my hon. Friend and Dr Richards to discuss how we can work together.

[Kate Osamor (Edmonton) (Lab/Co-op)]

T4. Numerous studies have found that the numbers of minoritised and migrant women being held on remand are disproportionately high. For example, 10% of female black and Asian defendants were remanded in custody by magistrates courts, compared with 7% of white women. What steps are the Government taking to address those clear inequalities in the use of remand?

[The Minister of State, Ministry of Justice (Edward Argar)]

I am grateful to the hon. Lady; she will be aware of the work being done across the criminal justice system through both the race disparity review and the Lammy review in that context. Decisions on remand are taken by the judiciary, so it would be wrong for me to comment on judicial decisions, but I am happy to meet her to discuss this further if that would be helpful, and so is the Minister for disparity in the justice system, my hon. Friend the Member for Finchley and Golders Green (Mike Freer).

Prison Capacity

Kate Osamor Excerpts

Monday 16th October 2023 Commons Chamber

[Alex Chalk]

I thank my right hon. Friend for the care and attention he takes in respect of this matter. I will be delighted to write to him in the terms he suggests.

[Kate Osamor (Edmonton) (Lab/Co-op)]

Earlier this year, I secured a Westminster Hall debate on the criminalisation of ethnic minority and migrant women who are themselves victims of violence. Sadly, 57% of women in prison or under community supervision are victims of domestic violence—a shocking statistic. Will the Lord Chancellor commit to amending the Victims and Prisoners Bill to ensure statutory defences for those victims of domestic violence accused of offending, to prevent more unjust convictions?

[Alex Chalk]

I thank the hon. Lady for the care and attention she gives to this topic. It is worth reflecting that around 5% of the overall prison population are women, so it is overwhelmingly men who are in custody. On the point she raises, she will be aware that there are already defences available—duress, self-defence and so on—that can be invoked by individuals facing charges. We think that strikes the right balance, but I am of course happy to have a conversation with her about any representation she might wish to make.

Oral Answers to Questions

Kate Osamor Excerpts

Tuesday 28th March 2023 Commons Chamber

[Mike Freer]

I am aware of the court case to which the hon. Gentleman refers, and I am always happy to engage with him on his private Member’s Bill.

[Kate Osamor (Edmonton) (Lab/Co-op)]

5. What steps he is taking to increase the availability of legal aid.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

On 30 November 2022, we published our full response to the criminal legal aid independent review and a consultation on policy proposals. We are boosting the system with up-front investments to address the most urgent concerns, including uplifts of 15% for most legal aid fee schemes. We have also launched a review of civil legal aid to identify options that inform our long-term strategy of improving the sustainability of the civil legal aid system. In March 2022, we published a detailed consultation on legal aid means testing arrangements. The consultation proposes changes that should mean that legal aid is available to 2 million more people in civil cases and 3.5 million more people in magistrates courts.

[Kate Osamor]

I thank the Minister for his response. My office regularly refers constituents to the local law centre for housing issues relating to disrepair. The law centre is concerned that it is largely not covered by legal aid on damages for clients. Law centres are also not recognised as exempt professional firms so they are unable to purchase after-the-event insurance, meaning that clients are exposed to costs if they lose their case. Will the Minister consider extending access to legal aid in housing cases and recognising law centres as exempt professional firms?

[Mike Freer]

On the exemption issue, if the hon. Lady would like to write to me, I will certainly investigate that. She will be pleased to know that in the last two months we have invested an additional £10 million to boost the amount of legal aid available on housing matters.

Oral Answers to Questions

Kate Osamor Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Mike Freer]

I point out that the backlogs were on a downward trajectory until the Criminal Bar Association action. The roll-out of the Common Platform is a necessary part of modernising our systems, and I am confident that we will ensure that the system is delivered for the benefit not just of users, but of everyone who touches our criminal justice system.

[Kate Osamor (Edmonton) (Lab/Co-op)]

3. If he will make an estimate of the number and proportion of males convicted under joint enterprise who were (a) Black and (b) from other ethnic groups.

[Mr Speaker]

Welcome, Minister.

[The Minister of State, Ministry of Justice (Edward Argar)]

Thank you very much, Mr Speaker—it is nice to be back in the Ministry of Justice after an absence of a little over three years.

Data is collated on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether that crime was part of joint enterprise. We are, however, considering whether such data could be collected as part of the Common Platform programme. The Common Platform aims, as Members will have heard, to provide a single case management system that will enable the sharing of evidence and case information across the criminal justice system.

[Kate Osamor]

Members have been hearing for nearly a decade that the data will be released soon, but nothing ever comes of it. What possible excuse can there be for not being open about which prisoners have been convicted under this discredited and biased doctrine and which have not? It is that the data would clearly show how joint enterprise has been used to target black people disproportionately, particularly young black men.

[Edward Argar]

On the hon. Lady’s first point, we are unable at this stage to give a firm timescale for that data because capturing data on joint enterprise will depend on the level of change needed to the Common Platform and on the cost and work required to develop, test and implement it. On her broader point, the Government recognise that convictions based on joint enterprise appear from some studies to affect black, Asian and minority ethnic groups disproportionately. However, I assure her that the Crown Prosecution Service can only apply the law when making decisions, and race or ethnicity should play no part in any such decision making. We recognise the importance of the law of joint enterprise, and the consequences it can have for defendants and their families as well as for victims and their families.

Oral Answers to Questions

Kate Osamor Excerpts

Tuesday 5th July 2022 Commons Chamber

[James Cartlidge]

I am grateful, as ever, to the Chair of the Justice Committee. He may have seen that on Friday I published an article in the Law Society Gazette where I said that now that we have confirmed we will be legislating to deliver 15% increases to most criminal legal aid fee schemes by the end of September, I am keen that we move on to the next phase of reform. I am keen to engage with all parties, including the Criminal Bar Association, on how we can deliver that next stage. Everybody, including the CBA and the Bar Council, wanted this to be done in stages so that we could get in the initial increases as fast as possible, and that is what we are committed to.

[Kate Osamor (Edmonton) (Lab/Co-op)]

14. What recent progress he has made on the implementation of the recommendations of the Lammy review.

[The Parliamentary Under-Secretary of State for Justice (James Cartlidge)]

We have implemented almost all the actions that we committed to in response to the Lammy review and our work continues on the longer-term recruitment targets for HMPPS. That work is firmly embedded in the HMPPS race action programme: a significant three-year investment to deliver long-term change in inequality. We recognise that the Lammy review was an important start, not a complete solution, and our work has evolved considerably. Central to that are our commitments in the inclusive Britain strategy.

[Kate Osamor]

The Government’s offensive Sewell report sought to dismiss evidence of institutional racism in Britain, yet we know that systematic discrimination remains rife in the criminal justice system, such as the proportion of prisoners from ethnic minority backgrounds on remand. Will the Minister commit to publishing further progress updates on the Lammy recommendations so that the Government’s progress can be publicly held to account?

[James Cartlidge]

The hon. Lady makes a fair point. We obviously want to be held to account, and I am more than happy to write to her with further details of the progress that we are making. To give just one example, in our inclusive Britain strategy, we committed to a special pilot in police stations that is ensuring that juveniles receive legal advice. As she knows, many juveniles—and, it must be said, particularly those from ethnic minority backgrounds—were not engaging with the system; in the pilot, they must proactively choose to opt out. I have personally been to Wembley police station and to Brixton, where the trial is happening, and I am pleased to say that so far the results are incredibly encouraging: they suggest less time in custody for those juveniles who are participating. Most importantly, some of them are more likely to have an out-of-court disposal. We are trying to break that chain of getting stuck in the criminal justice—[Interruption.]

Oral Answers to Questions

Kate Osamor Excerpts

Tuesday 18th May 2021 Commons Chamber

[Robert Buckland]

My hon. Friend is right to hold the Government to account on these issues. He will recall that the White Paper I issued last year set out our plans for a framework that will do just that, by targeting the most serious violent and sexual offenders, ensuring that they serve longer proportions of their sentences of imprisonment in custody, therefore reflecting more appropriately the severity of their crimes and protecting the public, and ensuring that we introduce robust and effective community options for those who commit less serious offences.

[Kate Osamor (Edmonton) (Lab/Co-op) [V]]

  There are no black, Asian and minority ethnic Supreme Court judges. Can the Secretary of State explain what decisive action the Government are taking to ensure greater representation of people of colour across our judiciary?

[Robert Buckland]

I am grateful to the hon. Lady. She will be encouraged to know that the Judicial Appointments Commission, senior judiciary and I work together on that very issue, to ensure that the professions are doing all they can to encourage and support applicants from a black and minority ethnic background. In particular, I pay tribute to CILEX, the Chartered Institute of Legal Executives, for driving forward that important diversity. There is much more work to be done, and progress for all of us is frustratingly slow, but I will continue to put my shoulder to the wheel to ensure that we see sooner rather than later someone of a black and minority ethnic background sitting in the Supreme Court.