Arrest Warrants—Universal Jurisdiction
Lord Clarke of Nottingham Excerpts(13 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The United Kingdom has asserted universal jurisdiction over war crimes under the Geneva Conventions Act, and over a few other offences of exceptional gravity, because of our international obligations and our commitment to ensuring that there is no impunity for those accused of such crimes. That commitment is unwavering.
It is important, however, that universal jurisdiction cases should be proceeded with in this country only on the basis of solid evidence that is likely to lead to a successful prosecution—otherwise there is a risk of damaging our ability to help in conflict resolution or to pursue a coherent foreign policy. It is unsatisfactory that, as things stand, an arrest warrant for these grave offences can be issued on the application of a private prosecutor on the basis of evidence that would be insufficient to sustain a prosecution.
The Government have concluded, after careful consideration, that it would be appropriate to require the consent of the Director of Public Prosecutions before an arrest warrant can be issued to a private prosecutor in respect of an offence of universal jurisdiction. This would interfere as little as possible with the existing rights of private prosecutors, and would not prevent them from initiating prosecutions for these offences where the evidence justified that course.
A suitable legislative amendment will be brought before Parliament at the first opportunity.
Office for Judicial Complaints (Annual Report)
Lord Clarke of Nottingham Excerpts(13 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
With the concurrence of the Lord Chief Justice, I will today publish the fourth annual report of the Office for Judicial Complaints (OJC). The OJC provides support to the Lord Chief Justice and myself in our joint responsibility for the system of judicial complaints and discipline.
I welcome the publication of this report which provides details of the work undertaken by the OJC over the last year and the complaints dealt with.
The past year has seen significant change within the OJC with the appointment of Sheridan Greenland OBE as the new Head of the Office for Judicial Complaints in August 2009. I am pleased to see that, under new leadership, the OJC continues to build upon the firm foundation set down during the previous three years.
I note the progress which has been made in identifying efficiency and performance improvements through a “LEAN” review process and look forward to further improvements as the same principles are applied more widely throughout the OJC. I am similarly pleased to record the successful launch of the OJC’s online complaint service, providing greater accessibility and access to the OJC’s services to members of the public.
Copies of the report are available in the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies of the report are also available on the internet at:
http://www.judicialcomplaints.gov.uk/publications.htm.
Oral Answers to Questions
Lord Clarke of Nottingham Excerpts(13 years, 9 months ago)
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Mr William Bain (Glasgow North East) (Lab)
4. What assessment he has made of the effectiveness of the Human Rights Act 1998.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
In the coalition agreement, the Government committed to establishing a commission to investigate the creation of a Bill of Rights. The scope of the commission and its terms of reference will be announced in due course, but it is my expectation that in the course of its work the commission will consider the experience of the Human Rights Act 1998.
Mr Bain
I am grateful to the Lord Chancellor for that response. Does he agree that, on the 10th anniversary of the implementation of the Act, domestically enforceable and universally applicable human rights are one of the best checks on Executive power that we have, and does he agree with the remarks that he made in The Daily Telegraph on 27 June 2006 that to repeal the Human Rights Act would be an act of “xenophobic and legal nonsense”?
Mr Clarke
We are going to review in due course every aspect of the working of the Human Rights Act in the light of that 10 years of experience. I agree that there are very important protections for human rights, and there is no question of moving away from the European convention on human rights. The coalition agreement does not contemplate that. Actually, the changes that have taken place in British common law, with the huge enlargement of the scope of judicial review—which includes reviews of all ministerial decisions and of legislation current in the House—have also greatly altered the scene. Sometimes that gets confused with the European convention on human rights. I have given a range of views in the past and no doubt we will consider those views carefully in the light of the report that we eventually get from the commission.
Dr Julian Huppert (Cambridge) (LD)
Is the Lord Chancellor aware of the book by the hon. Member for Hereford and South Herefordshire (Jesse Norman) and Peter Oborne entitled “Churchill’s Legacy: The Conservative Case for the Human Rights Act”? Will he encourage his right hon. and hon. Friends to read it and thereby dispel the many myths about the Act? The Human Rights Act exists for all of us: what is not to like?
Mr Clarke
The European convention on human rights was produced after the second world war, largely at the instigation of Churchill and others, to ensure that the whole continent developed in line with those values for which the British had fought the war. The principal architect and draftsman of the convention was a man called Maxwell Fyfe. I recall that history because it is relevant to this issue, and we have to improve public understanding of the application of human rights in British law as well as reviewing the operation of the Act.
Mr Jack Straw (Blackburn) (Lab)
The right hon. and learned Gentleman said that he had had a range of views on whether the Human Rights Act should be repealed, but he has actually had one view, which he has repeated over and over again—he even described the Prime Minister’s proposal as “anti-foreigner”. Given that consistency, which I commend the right hon. and learned Gentlemen on and welcome because it was supporting a Labour policy, and given that, as he well knows—because he is a very bright man—the issue is not the European convention on human rights but the Human Rights Act passed by this Parliament, will he now rule out the abolition of the Act?
Mr Clarke
I do not mind being quoted from my freelance days on the Back Benches. However, in their enthusiasm to find quotes, people find the odd word and attribute them to things. I never accuse any of my colleagues of being anti-foreigner. Part of the confusion about the European convention tends to be that somehow it is not British, which I just addressed in pointing out that it was drafted by David Maxwell Fyfe and very much supported by the British Government and both main parties at the time. The Human Rights Act has now had 10 years, and it is time to review it. There is a range of views and sometimes concern in this country about exactly how it relates to Parliament and where our constitution now is on these matters. In due course, we will set up a convention to advise us on that.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
5. How many representations he has received (a) in favour of and (b) against his recent proposals to close a number of magistrates courts; and if he will make a statement.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
6. What recent representations he has received on his Department’s responsibilities in relation to the Crown dependencies.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am unsure quite what kind of representations the hon. Gentleman has in mind. As he would expect, however, the Ministry of Justice constantly receives a wide range of communications in relation to its responsibilities for the Crown dependencies.
Tom Greatrex
The representations that I had in mind were from Crown dependencies such as the Isle of Man. Can the right hon. and learned Gentleman assure me that he and his ministerial colleagues in the other place, who I gather have responsibility for Crown dependencies in his Department, will consult with the Crown dependencies if there is any suggestion that responsibility for them be moved to another Department, so that the important distinction between Crown dependencies and overseas territories is recognised throughout the civil service?
Mr Clarke
As the hon. Gentleman says, it is my right hon. Friend Lord McNally who takes a lead in our Department on the Crown dependencies. I will certainly take note of what the hon. Gentleman says about any question of changing ministerial responsibility, but I should point out that this is a matter for my right hon. Friend the Prime Minister and the Cabinet Secretary. However, I take on board the hon. Gentleman’s views and will ensure that they are disseminated among those responsible.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
7. What steps he is taking to ensure the effectiveness of complaints systems for victims of crime and others within the criminal justice system.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am not aware of any specific recent representations made on this topic. The Government want to ensure that young people do not enter the criminal justice system unless it is necessary. Our policies will be considered in the context of our comprehensive assessment of sentencing and rehabilitation.
Mr Allen
Is the Secretary of State aware that the best way of keeping young people out of a life of crime is to intervene early in their lives, so that they have the social and emotional capability to resist criminality? Will he commend the current project in Peterborough, where an early intervention bond has been created by Social Finance Ltd and St Giles Trust to ensure that offenders do not reoffend and that they leave the criminal justice system at the earliest possible moment? Is he willing to extend that experiment, which was introduced by the last Government, and to consider its possible extension throughout the criminal justice system?
Mr Clarke
I repeat the support that I have given before to the hon. Gentleman’s campaign for early intervention. I entirely agree with what he says.
We are certainly very interested in the project that is about to get under way in Peterborough. It will have to be evaluated in due course, but my ministerial team will be following closely this system of raising capital finance by means of a social bond, and then targeting the need to reduce the rate of reoffending in a particular group. Reducing reoffending will be a key part of our policy, and this is an important way of trying out one method of tackling it. I hope that it succeeds.
Mary Macleod (Brentford and Isleworth) (Con)
Does my right hon. and learned Friend agree that some of those young offenders are in the criminal justice system owing to their lack of a strong, solid education? What plans has he to try to ensure that something is done about that?
Mr Clarke
The present Government have an extremely important programme of education reform. Anything that can be done to raise standards of education and training in this country will, I believe, have an indirect impact on the number of people who drop out of society in some way and are tempted to start offending.
I agree that we need to look across the broad range of social policy, considering relationships between crime and housing problems, employment problems and education and training problems, if we are to achieve the improvement in our social fabric which, eventually, will continue to reduce criminality. Meanwhile, some young people are serious offenders. We do need a secure estate, and we do need to prosecute those from whom the public must be protected. I think that we would all welcome any measure that will successfully reduce the number of young people who are needlessly criminalised when they could be diverted into a more sensible way of handling their problems.
Mr David Hanson (Delyn) (Lab)
Is the Justice Secretary aware that the rate of reoffending and entry into the youth justice system by young people fell by 10% during the last years of the Labour Government? That fall was due not least to the fact that we invested heavily in the three-year youth crime action plan, the third year of which ends this year, 2010-11. It involves issues such as prevention, and includes the Peterborough project that the Justice Secretary has just endorsed. Will he give an indication of what plans he has to continue the youth crime action plan after this year?
Mr Clarke
I agree that there has been a reduction in the number of people entering the criminal justice system. Notwithstanding my usual caveats about all crime statistics, which can be used by Members on either side of the House to prove practically anything over whatever period they choose, I think that one thing on which we agree is the need to divert from needless criminality young people who can properly, in the public interest, be dealt with in some other way.
The youth crime action plan, and a number of other interesting experiments involving diversion out of the court system in which the last Government were engaged, will certainly be investigated and followed up by the new Government. We are not remotely partisan about the issue. We wish to look further for more outside experience of how best to tackle reoffending and the underlying problems of youth delinquency, in order to take more young people out of court and out of criminality.
Mrs Helen Grant (Maidstone and The Weald) (Con)
11. What the reoffending rate was for prisoners who had served custodial sentences of over 10 years in the latest period for which figures are available.
Mr Matthew Offord (Hendon) (Con)
13. Whether he plans to bring forward proposals to change the law so that only the Crown Prosecution Service will be able to initiate prosecutions for universal jurisdiction offences.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Government consider it unsatisfactory that an arrest warrant for such offences can be issued on the application of a private prosecutor on the basis of evidence that would be insufficient to sustain a prosecution. We are urgently considering how to proceed and expect to make an announcement shortly.
Mr Clarke
Of course we must enforce properly in respect of war crimes and other matters of universal jurisdiction where proper cases arise, but I agree with my hon. Friend that it is not in any sense in this country’s interests that people can be arrested upon arrival on a level of evidence that would not remotely sustain a prosecution, which is why we intend to address this matter and to make an announcement in the very near future.
Kevin Brennan (Cardiff West) (Lab)
14. What steps he plans to take to reduce the number of people in prison.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Over the coming months we will look in detail at the sentencing frameworks for adult and young offenders, as well as at the range of penalties available in the criminal justice system. That means introducing more effective policies, as well as overhauling the system of rehabilitation to reduce reoffending. We will take the time necessary to get it right and will consult widely before bringing forward full plans for reform.
Kevin Brennan
Will the Secretary of State give the House three examples of the kind of criminals currently in jail who will not be in prison under his plans?
Mr Clarke
I will not anticipate the sentencing review. [Interruption.] No, I will not. The last person I met in jail who clearly should not have been there had been sent to prison because he was in dispute with his ex-wife over the maintenance he was supposed to pay for their children. Of course he was under an obligation to pay for his children, but providing a place for him in jail was not the best use of prison. Anybody who visits a prison will find people who are there for rather surprising combinations of reasons, some of which are far away from those relating to serious crimes.
Prison is the most effective punishment we have for serious criminal offenders. There is a continuing case, and there always will be one, for protecting the public against the activity of serious offenders by imprisoning them. However, in recent years, we have not paid enough attention to how, at the same time, we minimise the risk of reoffending, seek to reform those in prisons and divert them away from future crime, and eventually ensure that there are better and more effective ways of dealing with those who are capable of being dealt with.
Miss Anne McIntosh (Thirsk and Malton) (Con)
Will my right hon. and learned Friend carefully examine the early release scheme pursued by the previous Government, which led to a very high proportion of those released early going on to reoffend, to great harm to the British public?
Mr Clarke
That was not a policy; that was a catastrophe. The previous Government went through a phase of allowing their rhetoric and some of their policy intentions to outrun any serious common sense and then found that they had to let people out early, before they had finished their sentence, because they could not physically get them into prisons. Whatever else comes out of a sentencing review, I trust that we will avoid any nonsense of that kind in our period of office.
Caroline Flint (Don Valley) (Lab)
Evidence suggests that 75% to 90% of rapes go unreported, and I hope that the whole House will try to deal with that situation to improve it. Is the Justice Secretary at all worried that his plans to provide anonymity for defendants in rape trials will contribute to fewer rapists going to prison?
Mr Clarke
I do not think that there is anybody in this House—and there has not been for as long as I can remember—who is not in favour of anonymity for people who make complaints of rape and who does not think it extremely important to encourage women to come forward on all proper occasions to press complaints about the serious criminal offence of rape. The issues surrounding anonymity for the person accused are quite different from that, and the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), has just addressed those questions. This is a matter of how far we can protect those people, and others accused of criminal offences, up to the time of charge. That approach was agreed by those on both sides of this House in the not-too-distant past—in the previous Parliament—and it probably will eventually be agreed in this Parliament too.
Ian Swales (Redcar) (LD)
15. What mechanism he plans to introduce to reduce the use of short prison sentences; and if he will make a statement.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
We are conducting a full assessment of sentencing policy to ensure that it is effective in deterring crime, protecting the public, punishing offenders and cutting reoffending. Short custodial sentences will be considered as part of that assessment, and we will be asking judges and magistrates for their views on these sentences and on community sentences.
Ian Swales
I thank the Secretary of State for that answer. In the case of non-violent young offenders, will he support restorative justice programmes, such as neighbourhood justice panels, which are much more successful in reducing crime than traditional forms of punishment?
Mr Clarke
We are very interested in taking further the idea of restorative justice. Some very interesting experiments in youth restorative justice are under way and they will be carefully evaluated. In all these matters, evaluation is extremely important. People come forward with extremely enlightened and attractive views on how reoffending might be reduced or on how youth offenders might be diverted from the prison system, some of which work and some of which, alas, do not. One has to take a realistic look at them and evaluate them after a sufficient experiment to decide what works. On rehabilitation generally, that is one of the main reasons why we will concentrate on paying by results, wherever possible.
Mr George Howarth (Knowsley) (Lab)
Does the Secretary of State accept, though, that short sentences might have a role to play in cases where a probation order or a community sentence has failed?
Mr Clarke
I am not sure where the idea that I am against all short sentences has come from. A short sentence is usually taken to mean any sentence of less than 12 months. My own view, pending this review, has always been that there is indeed a case for some short sentences where there is no realistic alternative and one is dealing with a recidivist offender. Wherever possible, of course, the pointless short term of imprisonment should be avoided where a really effective and convincing community penalty is available in its place.
Stephen Barclay (North East Cambridgeshire) (Con)
16. What account he took of the availability of public transport in rural areas around Wisbech in his decision to propose the closure of Wisbech magistrates court.
Mr Graham Allen (Nottingham North) (Lab)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
My departmental responsibilities remain unchanged, but may I take this opportunity to point out to the House and to the hon. Gentleman that I have today made a written statement setting out plans for the implementation of the Bribery Act 2010? This important piece of legislation from Parliament reflects cross-party support for anti-bribery measures and its effective implementation is a priority for me in my role as the coalition’s international anti-corruption champion—[Interruption.] I used to shadow Lord Mandelson—he had more titles than I have. The new framework of offences will replace the old and fragmented mix of statutory and common law offences and they should facilitate a more effective criminal justice response to bribery. An important part of the implementation is a public consultation on the guidance to be produced under section 9 of the Act. We want the formulation of this guidance to be informed by the expertise of the business community, specialist anti-bribery organisations and others with informed opinions. I expect this process to allow us to publish guidance early in the new year, in time for the commencement of the Act in spring 2011.
Mr Allen
May I welcome the Secretary of State’s recent remarks about tackling the causes of crime as well as crime itself? Will he bear in mind the words of John Carnochan, the hard-bitten head of homicide in Glasgow who, having dealt with offenders who had committed serious and violent crimes who were the sons and grandsons of offenders, said that given the choice between 100 extra police officers and 100 health visitors, he would choose the health visitors given his intergenerational experience? Will the Secretary of State will the means as well as the ends in tackling the causes of crime?
Mr Clarke
I am afraid that the Government have inherited a situation, for which I blame the previous Government, in which we must tackle these solutions against a background of not simply being able to wheel in more resources. The first step is to make cuts in wasteful expenditure now. I accept quite a large part of the hon. Gentleman’s analysis and we should also consider how we look across all Government Departments and all sectors—we must take into account health, housing, employment, education and training at the same time as we consider policing, justice and imprisonment—because the whole picture contributes to the broken society and tackling it will help to contribute to a less criminal society.
Mr Robert Buckland (South Swindon) (Con)
T2. In the light of the Legal Services Commission’s recent misallocation of duty solicitor scheme membership and duty rotas for criminal legal aid work, will my right hon. and learned Friend undertake an urgent review of the LSC’s continuing inefficiencies?
John Robertson (Glasgow North West) (Lab)
T4. The Secretary of State should be aware that the Justice Minister north of the border has said that any questions regarding al-Megrahi resided with the United Kingdom Government. If that is true, will the Secretary of State make a statement? If it is not true, can he put the record straight?
Mr Kenneth Clarke
My understanding is that this was a decision solely for the Scottish Government and that it was taken on humanitarian grounds. Plainly, it predates my period of office, and that just about sums up my full knowledge of the situation, so I am not in a position to make a statement.
Robert Halfon (Harlow) (Con)
T3. Following today’s newspaper reports, will the Secretary of State ensure that we will never again release a mass murderer who was convicted by British courts, letting them out of prison on dubious health grounds and where there are murky commercial interests and sending them away to be lauded by a dictatorship?
Stella Creasy (Walthamstow) (Lab/Co-op)
Given the proposed review of legal aid, does the Justice Secretary agree that the problems faced by the Refugee and Migrant Justice organisation because of the late payment of fees and the lack of clarity about the number of current cases affected—the Home Office has told me that it is 5,000 and the Legal Services Commission has admitted that it simply does not know—mean that it is vital for the Government to intervene until these problems are resolved to prevent that organisation from going into administration and to avoid the possibility of further chaos, with expense, within our asylum system?
Caroline Lucas (Brighton, Pavilion) (Green)
Following the revelations at the weekend that some quite shocking restraint methods are authorised in the “Physical Control in Care” manual for use by staff in secure training centres for children, will the Secretary of State introduce an explicit ban on corporal punishment in secure training centres and other youth offender institutions? Will he establish a public inquiry, chaired by a member of the judiciary, to establish the compatibility of practices in secure training centres with article 3 of the European convention on human rights?
Mr Kenneth Clarke
Of course, we keep under review the very careful guidance about the use of restraint techniques in those circumstances, and it is a matter of regret that such guidance has to be issued. However, the hon. Lady should bear it in mind that we are talking about children and young people, some of whom are much bigger than I am and who probably have a problem with drug abuse and a history of violent crime. The completely unarmed staff have to be given some instructions in how to control those young people when they are getting out of control and it is not always easy or possible to use totally restrained methods.
Mr Peter Bone (Wellingborough) (Con)
T7. All members of the European Union have signed the Council of Europe convention on the transfer of sentenced persons, yet we still have 3,100 EU nationals in our jails. The Secretary of State and I share an enthusiasm for the European Union, so will he co-operate with the EU and repatriate those prisoners?
Fiona Mactaggart (Slough) (Lab)
Does the Secretary of State agree with the retiring chief inspector of prisons Dame Anne Owers that a reason for the reduction in young people coming into the criminal justice system is the effect of Sure Start? If he does agree with her, will he speak to colleagues across the Government about investing in Sure Start, rather than in youth jails, because it is cheaper and works better?
Mr Kenneth Clarke
We are, of course, having to address Sure Start, as with every other programme, in the light of the resources—or rather lack of them—that we have inherited as a result of the economic situation, but the Government are concentrating Sure Start on its original priority purpose, which was particularly to target areas of deprivation and social difficulty. That part of Sure Start’s work does indeed have some relevance to what we have been talking about in our exchanges on youth justice and how to keep people out of criminality in their youth.
Mark Menzies (Fylde) (Con)
T8. Will the Minister pay tribute to Winston Churchill, who, exactly 100 years ago today, as Home Secretary, commented:“The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilisation of any country.”?
Derek Twigg (Halton) (Lab)
Will the Secretary of State’s Department honour in full, and on the same basis as the previous Government, the release of files relating to the Hillsborough disaster?
Mr Kenneth Clarke
The National Archives and my Department will continue to co-operate with the ongoing work to get the files released, which we hope to be able to facilitate. Our Department will play its part, together with the National Archives, for which we are responsible.
Tom Brake (Carshalton and Wallington) (LD)
On the subject of magistrates courts, will Ministers consider seriously any proposal from magistrates that would have them hearing cases in venues other than courts so that they can continue to deliver local justice locally?
Thomas Docherty (Dunfermline and West Fife) (Lab)
On Sunday evening, Radio 4’s “File on 4” programme made serious allegations about Isle of Man shipping companies’ involvement in sanction-busting shipments of arms to Sudan. Given that the Secretary of State has responsibility for the relationship between the Isle of Man and the UK Government, will he hold urgent discussions with the Isle of Man Chief Minister to ascertain what, if any, truth there is to those allegations?
Mr Kenneth Clarke
I will certainly follow up that matter as I did not hear the “File on 4” programme. Obviously, the Isle of Man has a good, functioning system of justice and we can confidently expect it to enforce criminal law and international sanctions to the standards that we would expect. However, I will ensure that we contact the Isle of Man to ensure that everything that can properly be done is being done to ensure that no breach of international sanctions that could be prevented is being allowed to go ahead.
Duncan Hames (Chippenham) (LD)
In the light of the Government’s review of non-departmental public bodies, what plans does the Justice Secretary have for the future of the Office of the Public Guardian?
Mr Clarke
We are reviewing it, although we have no immediate intentions that we are withholding. We are looking across the whole field of the Department, and we will reduce the number of so-called arm’s length bodies, quangos and agencies. The Office of the Public Guardian carries out quite an important function, however, so I do not think that we will make any changes there unless we are quite confident that its key responsibilities can be properly discharged.
Huw Irranca-Davies (Ogmore) (Lab)
The annual report on Parc prison by the independent monitoring board singled out the work of the Prince’s Trust and the excellent staff in the young persons unit for particular praise, which I am sure that Front Benchers will join me in echoing. Every time that we ask for continued investment in such units—the report said that the unit needed more investment—we hear that there is no money, so if the Secretary of State is going to use that excuse, how will the big society ensure that we have less reoffending when these young people come out of jail?
Mr Clarke
We will produce positive policies on criminal justice, prison reform and the rehabilitation of offenders, but we have to do that on the basis of a realistic appraisal of the current state of the economy. We have inherited the worst financial and fiscal crisis of modern times. We have succeeded a Government who simply borrowed ever more money and who threw money at every problem, often with a considerable lack of success for public protection. I endorse what the hon. Gentleman says about the work of the Prince’s Trust and others throughout our Prison Service, but he will have to find a positive contribution to policy making, rather than saying just, “Let’s borrow and spend more public money,” because that is ruled out for the immediate future.
Bribery Act
Lord Clarke of Nottingham Excerpts(13 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Bribery Act 2010 creates a new set of offences that should equip prosecutors and the courts with the tools they require to ensure that all forms of bribery, at home and abroad, are met with an effective criminal justice response. As I stated in my statement of the 15 June following my appointment as international anti-corruption champion, effective implementation of the Act, which demonstrates cross-party commitment to the fight against bribery, is a coalition priority.
Section 7 of the Act creates a new offence which can be committed by commercial organisations which fail to prevent bribery committed for their benefit. However, it is a defence for an organisation to prove it had adequate procedures in place to prevent bribery being committed on its behalf. Section 9 establishes a duty on the Secretary of State to publish guidance about procedures which commercial organisations can put in place to prevent bribery. We believe it is important that the guidance to be issued takes account of the views of those with an interest in this area, including both business and non-governmental organisations. We also consider it vital that the timing of the publication of the guidance allows for an adequate period of familiarisation before the commencement of the Act.
We therefore propose to conduct a public consultation exercise on the form and content of guidance to be issued under section 9 of the Act beginning in late summer with a view to publishing guidance early in the new year in preparation for commencement of the Act in the spring of 2011.
Judicial Appointments
Lord Clarke of Nottingham Excerpts(13 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am today announcing my intention to review the operation of the judicial appointments process and the structure of those bodies supporting the Lord Chief Justice and me on judicial matters.
The appointment element of the review will look at the end to end appointments process addressing in particular:
The proper balance between executive, judicial and independent responsibilities.
Ensuring clarity, transparency and openness.
Quality and speed of service to applicants and the courts and tribunals the process serves.
Governance, efficiency and value for money.
The appointments process must fully respect and maintain the independence of the judiciary, and appointment on merit must remain absolutely at the heart of the process. These principles will underpin the review.
In the light of the needs of the judicial appointments process, the Courts and Tribunals Integration Programme and the Government’s wider review of arm’s length bodies, the review will also consider whether the current structure of judicial arm’s length bodies
best meets the needs of the constitutional settlement, properly protecting judicial independence;
provides clear accountability; and
provides the most effective means of delivering a high quality service and value for money.
The review has been agreed with and will be conducted in close consultation with the Lord Chief Justice. I expect the review to report in the autumn.
Justice
Lord Clarke of Nottingham Excerpts(13 years, 10 months ago)
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Barbara Keeley (Worsley and Eccles South) (Lab)
T9. In a recent case, a Salford man had committed a rape and was bailed, but then committed a further rape, and the police believe that there are further victims of this man. Can the Secretary of State explain why the Government have committed in their coalition agreement to extending anonymity to such defendants before all the evidence is heard? Can he also say who will now be consulted for that evidence?
[Official Report, 15 June 2010, Vol. 511, c. 735-36.]
Letter of correction from Mr Kenneth Clarke:
An error has been identified in the oral answer given to the hon. Member for Worsley and Eccles South (Barbara Keeley) on 15 June 2010. The answer given was as follows:
Mr Kenneth Clarke
With great respect, I find it very surprising that so many questions are being raised about a proposition that has been before the House, on and off, for the past 20 years and is not easily resolved. We will, of course, look at all arguments, including the experience of the case to which the hon. Lady has referred, but that is only one of the considerations to be taken into account. There will undoubtedly sometimes be cases where the publication of the name of the accused person gives rise to other people coming forward with well-founded complaints against that person. We will have to see whether there is any evidence that such cases are a significant proportion of the total cases of rape. We shall also have to consider the arguments on the other side, where a woman can make an anonymous complaint, the man can eventually be convicted, after going through a long and probably rather destructive ordeal, and the woman retains her anonymity as she walks away, with her ex-boyfriend or ex-husband left to live with the consequences.
The correct answer should have been:
Mr Kenneth Clarke
With great respect, I find it very surprising that so many questions are being raised about a proposition that has been before the House, on and off, for the past 20 years and is not easily resolved. We will, of course, look at all arguments, including the experience of the case to which the hon. Lady has referred, but that is only one of the considerations to be taken into account. There will undoubtedly sometimes be cases where the publication of the name of the accused person gives rise to other people coming forward with well-founded complaints against that person. We will have to see whether there is any evidence that such cases are a significant proportion of the total cases of rape. We shall also have to consider the arguments on the other side, where a woman can make an anonymous complaint, the man can eventually be acquitted, after going through a long and probably rather destructive ordeal, and the woman retains her anonymity as she walks away, with her ex-boyfriend or ex-husband left to live with the consequences.
HM Courts Service Estate
Lord Clarke of Nottingham Excerpts(13 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am today announcing proposals for consultation that I believe will enable HMCS to best provide vital public services to local communities. Our court system has long been a guardian of British values of fairness and responsibility. I believe that the changes proposed in this statement will preserve those values.
We need to look critically at the services courts provide—they are a vital pillar of the justice system but they are not the only forum where civil disputes can be resolved. I want to explore whether more people can resolve their disputes using alternative methods which give faster solutions that are flexible to people’s needs. Across the civil, family and criminal courts, I want to look at what can be done to use technology more effectively so fewer people have physically to attend court for routine purposes. Increasingly we are using the internet, telephone and video technology in our work and personal lives—we should be more rigorous in exploring their use across the justice system.
HMCS currently operates out of 530 courts, some of which do not fit the needs of modern communities. Their number and location does not reflect recent changes in population, workload or transport and communication links over the many years since they were originally opened.
My Department has published consultation papers setting out proposals to close 103 magistrates courts and 54 county courts and inviting views on how we can best provide local justice services in our communities across England and Wales. In reaching decisions on closures I will ensure that we keep courts in the most strategically important locations, communities continue to have access to courts within a reasonable travelling distance, that cases are heard in courts with suitable facilities and that there is an overall reduction in cost.
Closure of the courts covered in the consultation would achieve running cost savings of around £15.3 million per year. These courts also have backlog maintenance of around £21.5 million, costs that can be avoided if the closures go ahead. Following a full analysis of responses to the consultation, and a decision on whether and which courts to close, a further assessment will take place on the level of savings that could be achieved and the potential value that could be released from the disposal of the properties. I believe that as well as savings to HMCS there will also be savings for other criminal justice agencies by focusing their attendance at a single accessible location within a community.
When public finances are under pressure, it is vital to eliminate waste and reduce costs. At the same time we should also take the opportunity to think afresh about how we can provide more modern court services. The arrangements we currently have are historical and now need to be reassessed to ask if they meet the needs of society as it is today. We increasingly use the internet and email to communicate and access services and we travel further to work, for leisure and to do our weekly shop. Providing access to justice does not necessarily mean providing a courthouse in every town or city. Across the civil and criminal courts there are great opportunities to harness technology more effectively so people do not necessarily have to physically attend court when they give evidence or access court services. Not all disputes need to be resolved in court. I will also examine ways of enabling more people to resolve their disputes in a way that leads to faster and more satisfactory solutions. We will continue to develop proposals for introducing alternatives that deliver a better service for less money.
The consultation seeks the views of all with an interest in local justice arrangements. I will take all views expressed into account before making any decision on which courts ought to be closed and when. I also invite views on how the courts service could be modernised to improve the justice system as well as reduce its costs.
The consultation also includes proposals on the merger of a number of local justice areas which would enable effective changes to courthouse provision. This will facilitate further efficiency savings in administrative work, while enabling an effective service to continue to be provided by magistrates to the public.
I am also announcing that following a consultation on the proposed closure of Leigh County Court in 2009, I have decided that this court should close without further delay. Since an arson attack two years ago, all cases that would have been heard in Leigh are being heard in Wigan or Warrington, only seven and 10 miles away respectively. This has not caused any disruption to the delivery of justice in Greater Manchester.
The consultation documents and the full list of courts we are consulting on will be published on the Ministry of Justice website. Copies will be placed in the Libraries of both Houses, and in the Vote Office and the Printed Paper Office.
Legal Aid Reform
Lord Clarke of Nottingham Excerpts(13 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I confirm that we are considering policy on the subject of legal aid in England and Wales as announced in the Government’s document “The Coalition: our programme for government” published last month. The Government are considering how to make the system more efficient having regard to the current financial climate, while ensuring that it continues to play a vital part in ensuring that people can get access to justice.
This Government’s immediate priority is to reduce the financial deficit and encourage economic recovery. We have made it clear that the main burden of the deficit reduction will be borne by reduced public spending, achieved by financial discipline and the most efficient and effective delivery of public services. I am seeking to develop an approach to legal aid spending which balances these necessary financial constraints with the interests of justice and the wider public interest. We will seek to develop an approach which is compatible with fair and necessary access to justice for those who need it most, the protection of the most vulnerable in our society, the efficient performance of the justice system, and our international legal obligations.
We intend to seek views on our proposed new approach in the autumn.
Legal Aid Payments
Lord Clarke of Nottingham Excerpts(13 years, 10 months ago)
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Simon Hughes (Bermondsey and Old Southwark) (LD) (Urgent Question)
To ask the Secretary of State for Justice if he will make a statement on the consequences of the timing of legal aid payments to the charity Refugee and Migrant Justice.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Refugee and Migrant Justice entered into administration earlier this week. It wrote to me a month ago warning me of the risk, and has since made requests for substantial assistance from public funds. The organisation was one of many that provide legal advice and representation to individuals on asylum and immigration matters funded by legal aid. The Legal Services Commission is confident that there is widespread provision of legal advice in this area and that overall capacity will not be affected by the closure of Refugee and Migrant Justice. More than 250 offices nationally are currently providing this type of service.
It may help if I explain the background to this unfortunate situation. The Legal Services Commission has worked closely with Refugee and Migrant Justice for the last few years to help the organisation to make the change to a system of payment based on units of work, the graduated fees scheme. As a result, Refugee and Migrant Justice has received substantial support—over and above the support given to not-for-profit and other organisations—to help it transfer to the current payment system.
However, it is crucial that the Government achieve value for public money. The fixed fee system introduced three years ago by the last Government is already being successfully used by the vast majority of not-for-profit organisations in this area of law. As other organisations have successfully made the transition, it is only reasonable to expect Refugee and Migrant Justice to do the same.
It has been suggested, and is implied in the hon. Gentleman’s question, that under this system payments to Refugee and Migrant Justice have been delayed. It is not a question of any late payments. Refugee and Migrant Justice was paid what was due. However, it did not make the efficiency savings that other providers made.
There is significant long-term interest in the work from other providers, both not-for-profit organisations and private solicitor firms. The Legal Services Commission is currently running a tender round for new contracts for immigration and asylum services from October 2010. There has been an increase in the number of offices applying to do the work. Providers have also bid to handle more than double the amount of cases currently available. It would be wrong to divert legal aid funds to one of the bidders in the middle of the bidding process.
In my opinion, given this unfortunate situation, the highest priority must be the vulnerable clients of Refugee and Migrant Justice. Now that the organisation has left the market, the Legal Services Commission will work with it and other providers to seek to minimise disruption and ensure that clients continue to receive a service. I have checked this morning and I can assure the House that the LSC is working closely with the administrators to ensure that any disruption to clients is minimised. Even today, LSC staff have prioritised the approximately 20 clients of Refugee and Migrant Justice who have court appearances.
The Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly), will ensure that LSC staff continue to prioritise that area. He and I agree that the main task now is to ensure that the interests of that vulnerable group are properly protected and that no one is left without the legal assistance they require.
Simon Hughes
I am grateful to the Secretary of State for his full and careful response. On behalf of colleagues who have huge numbers of asylum and immigration cases involving people who use those services, may I say that I hope he appreciates the importance of the subject to them and to our constituents?
Does the right hon. and learned Gentleman accept that currently—so I am advised—13,000 clients are being looked after by Refugee and Migrant Justice, including nearly 1,000 children, who are of course very vulnerable? Does he accept, too, that the reason for the financial problem is the change in the payment system? Although there has been a reduction in income because the payment system has changed, Refugee and Migrant Justice has also reduced its costs by the same amount—I am advised that it is by 40%—and is now being paid in arrears rather than up front, a system that the Law Society and immigration law practitioners have said is unsustainable. I should be grateful if, in time, the Secretary of State would discuss with those organisations how we might improve the system.
Can the right hon. and learned Gentleman give an assurance that he or his hon. Friend, the Under-Secretary of State will make sure that all clients who have been the responsibility of the organisation are given the assurance that their cases will be fully looked after in the immediate days ahead? Are there any other charities in the field with the same sort of problem? If so, there needs to be some continuing and widened support. Will he or our hon. Friend be willing to meet those of us with a direct interest, and the organisations where appropriate, to make sure that there is a stable and secure footing in the years and months ahead for this most important legally aided work?
Mr Clarke
I am grateful to the hon. Member. Certainly the problem arose as a result of the change to the graduated fees scheme in 2007, but I do not accept that the failure was necessarily caused by that. Every other organisation, including the other not-for-profit organisations, has coped with this. I do not criticise the 2007 decision, but it was designed to improve the efficiency of the use of public funds in providing large amounts of money to give legal aid to those making asylum claims or facing threats of deportation, or whatever. As far as I am aware, this is the only organisation that proved in the end unable to manage its affairs and its finances to avoid the demise that has occurred.
I know that the system is not popular; I know that the Law Society does not like it, but in these difficult times I am not going to go back on it, because it does provide value for money. We have just invited tenders under the system, and the number of people who want to provide services in this area has actually gone up.
Mr Speaker
Order. May I ask the Secretary of State to turn to address the House? I want to hear his mellifluous tones.
Mr Clarke
Amongst many others, Mr. Speaker, so I will certainly address the House.
I agree with the hon. Member that the main problem now is the vulnerable clients up and down the country. We think that there is a wind-off process going on; Refugee and Migrant Justice is still, of course, entitled to be paid for the work going on, but I have asked the Legal Services Commission to pay very strong attention to that. My hon. Friend the Under-Secretary will be giving more attention to that today, to make sure that there is no problem occurring. Certainly one of us will meet the hon. Member and other interested Members, although we may have to take advice on whether we can properly meet them in the middle of the bidding process. This is complicated by the fact that we were in the middle of a bidding contest, which means that one cannot suddenly divert lots of money to one of the bidders.
Mr David Hanson (Delyn) (Lab)
May I first apologise on behalf of my right hon. Friend the Member for Blackburn (Mr Straw), who is out of London today but who takes an interest in these matters generally?
This is a major first: we have the deputy leader of one of the governing parties challenging his own Government on the Floor of the House. I look forward to more of that in the future from the Liberal Democrats.
The policy of returning people under 18 years old to safe places in countries such as Afghanistan was introduced by my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) when he was Home Secretary, and we support it, but it was introduced on the basis of ensuring that there was fair legal representation, of quality, for those who were potentially being deported. Will the Lord Chancellor take steps today to assess, as I think he has already, the viability of Refugee and Migrant Justice, and ensure that this is not just a cash-flow problem? If it is a cash-flow problem, will he ensure that he examines it as a matter of urgency?
Will the Lord Chancellor also meet his right hon. Friend the Home Secretary to look at the issues of joint tendering? I understand that there is tendering for this type of service involving both Departments, and I think there needs to be some consideration of that. Will he particularly look at the points made by the hon. Member for Bermondsey and Old Southwark (Simon Hughes) in relation to the client group who are now potentially left without legal representation, so that we ensure that they receive proper representation of quality and are not forced to undertake representation with, potentially, providers who are not giving the level of service that we would expect?
Finally, in the longer term, will the Lord Chancellor look at the Legal Services Commission as a whole? One thing that my right hon. Friend the Member for Blackburn wished to do was to look at providing for that organisation to become an executive agency as a matter of urgency. We noticed that that was not included in the Gracious Speech; had our party secured government, it would have been. I should be grateful if, in the longer term, the Lord Chancellor looked at those issues for the House.
Mr Clarke
First, I doubt that my hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) was asking a particularly aggressive question; he was rightly seeking some more information about a worrying situation, and I do not think the two of us actually disagreed. In any event, coalition government should give us—certainly those of us in the House not bound by collective responsibility—the opportunity to give up the fatuous media convention that every member of every party automatically agrees with every other member of the same party on each and every issue, which the public have never believed anyway.
To return to the more serious question, the organisation is now in administration, so whether it is even remotely possible to rescue its finances is properly a question for the administrators, not for us. It appears to have got into very serious trouble because, over the past month, it asked for large sums to be paid from the legal aid fund for things such as rent. I have already stressed—I accept that the right hon. Member for Delyn (Mr Hanson) was making the same point as my hon. Friend the Member for Bermondsey and Old Southwark—that we must look at the client group and ensure that there is no hiatus in the representation of children and others who were looking to the body, but I think that that can be done.
We rather supported the previous Government’s indications that the LSC should be examined and that consideration should be given to making it an agency, because we must be clear about where policy making is proceeding in the area. I assure the right hon. Gentleman that that is actively in hand, because we have to face difficult issues under the legal aid heading. The matter did not make the Queen’s Speech because important though it is to him, me and many others who look for proper representation in our courts, it was a bit too detailed.
Bob Russell (Colchester) (LD)
I was extremely disappointed by the statement. Complacency seemed to be there; the good samaritan was certainly not. On behalf of those who worked out of the Ipswich office, and in the absence of any other east of England Member wishing to speak, may I ask the Secretary of State to confirm that Members of Parliament who represent predominantly urban seats will find that their work load increases as a consequence of the situation?
Mr Clarke
With the greatest respect, we face a lot of demands on legal aid. Public money should be used to provide individuals with the legal representation they require, but we cannot suddenly start diverting huge sums out of the legal aid budget to bail out a voluntary body that got itself into a financial mess because it did not make the adjustments for the 2007 system that everyone else succeeded in making. I underline the point that plenty of people—both not-for-profit bodies and professionals—want to provide such services and that an increasing number are trying to get into the market. We are ensuring that no one is left without the representation they require.
Keith Vaz (Leicester East) (Lab)
Some of us on the Labour Benches did not support the previous Government’s cuts to legal aid in this area because, as representatives of inner-city areas, we realised that there were few specialist immigration solicitors. Will the Lord Chancellor ask the LSC to consider an emergency franchising of those firms that have expertise so that the casework may be dealt with? The problem is the casework that is not being done by RMJ, so how do we help people now?
Mr Clarke
We will not go back on the graduated fees scheme. It might well be that the previous Government will not have been the only one who had to examine what could be done to improve the efficiency of the legal aid scheme and to address its costs, although I realise that that will not be altogether popular.
There are a lot of specialist firms, although there could no doubt be more. The number of firms bidding has gone up in the present contract round, with 330 organisations bidding for twice the amount of work available. However, I will ask the LSC to consider whether something like the right hon. Gentleman’s proposal might be required in particular cities or areas.
Stephen Mosley (City of Chester) (Con)
I think that part of the problem is that this is not an isolated situation. One of my constituents is owed £11,000 from the past financial year by the LSC. Yesterday, I received an e-mail from the policy consultant of NAGALRO, the professional association for family court advisers and independent social work practitioners, to say that some of its workers are owed more than £15,000 from the previous year—
Mr Speaker
Order. May I gently say to the hon. Gentleman—he is a new Member and these things take time—that an urgent question of this kind is narrowly focused on a particular organisation operating in a given area and that questions and answers must be confined to that? We have heard the hon. Gentleman, and I call the Secretary of State to make a brief reply.
Kerry McCarthy (Bristol East) (Lab)
I think the right hon. and learned Gentleman is confusing quantity with quality when it comes to legal advice on asylum and immigration. Just because there are lots of people coming forward to provide it, it does not mean to say that they are providing good services. Every day in my constituency work I see people who are not getting good advice. Does he agree that it is a false economy for people to go to firms that will not provide them with the service they need? It just means that they then go through the appeals process and make further representations, and that clogs up the system. We should focus on getting reputable organisations, such as the one in question, up and running and providing the services that people need.
Mr Clarke
The contract operation is based on both quality and quantity. My hon. Friend the Under-Secretary and I will certainly ensure that the Legal Services Commission follows through on the fact that there are meant to be quality standards; it is not just a matter of making bids for the work. However, we cannot intervene and take money out of the legal aid fund to rescue one voluntary body. That body is briefing everybody through very extensive public relations activity: archbishops are writing to me, and everybody seems to be informed that the body has gone broke, but someone is still producing a great deal of campaigning material on its behalf. It does very valuable work, but it is no good diverting money from the fund to it because it is the only one that has gone bust.
Fiona Mactaggart (Slough) (Lab)
What this high-quality body has done is highlight a problem that is not restricted to it. In my constituency, which has high immigration advice need, there is no LSC-funded adviser. Will the Secretary of State bring together those Members who have a large number of such cases to discuss with him whether there are better ways of funding immigration advice in our constituencies?
Mr Clarke
I am sure that my hon. Friend the Under-Secretary and I will be only too happy to meet the Members of Parliament particularly affected by the issue. We will have to take advice on whether we will be subject to any kind of legal review if we do that in the middle of the bidding process but, subject to that, we would welcome advice from Members who have particularly large numbers of such cases to deal with, because we will have to look at the whole provision of legal aid in this and other areas.
Mr David Lammy (Tottenham) (Lab)
The right hon. and learned Gentleman has made much of the fact that this is the only voluntary body that has found itself in such difficulties. Does he recognise the volume of immigration and asylum work that has been done and that has to be done? He suggests that other comparable bodies have not found themselves in such a situation; can he name some of those that particularly relate to immigration and asylum?
Mr Clarke
The trust that folded had a 7% market share. It was, of course, part of the old advisory service, which was split up some time ago. The other half of the old advisory service is to get a much bigger market share—over 20%. We are talking about a policy of the last Government, and one with which I do not disagree. The graduated fee scheme was introduced in order to get better value for money out of the legal aid scheme, and everybody had to adjust to it. So far as I am aware, the body is the only one that is in great financial difficulties. In a way, it would have been very awkward for us if it folded after we had awarded the contracts. We would have been in a mess if we had discovered that we had awarded a contract to a financially insecure organisation that went down once we were relying on it to do the work. As far as I am aware, everyone else who is bidding is, I hope, in a sound financial state.
Mr George Mudie (Leeds East) (Lab)
I accept the Secretary of State’s calm approach, and his objective of looking after customers, but I wonder about the accuracy of that. In Leeds, vulnerable people have great difficulty getting representation. We are talking about matters of life and death to those individuals. Will he spell out how he will assure them and this Chamber that no one will go forward without proper representation? In Leeds there is real difficulty, even with the organisation working, to meet the need in the market. How will pulling this firm out of the market help those people to get representation?
Mr Clarke
The LSC tells us that it has full cover for the work. It made a special intervention in 22 cases in which there were court appearances today to make sure that there was representation. I have no reason to doubt that the LSC is on top of the problem, but my hon. Friend the Under-Secretary will spend the rest of the day reassuring us that the LSC and our Department are doing everything they reasonably can to make sure that there is no difficult transition for any of the vulnerable people concerned.
Liz Kendall (Leicester West) (Lab)
Will the Secretary of State provide me and other Members who have a real interest in this issue with regular updates on what is happening? I appreciate his offer to meet us, and the fact that he says he is working to make sure that people have the representation they need meanwhile, but we need that information, too, so that we can share it with our constituents and the organisations involved in providing help and support to asylum seekers and people with immigration cases.
Mr Tom Watson (West Bromwich East) (Lab)
Will the Secretary of State quantify the additional tax-funded resources that have been allocated to support asylum seekers who are affected by the problem?
Mr Clarke
I have to say that I do not yet have at my fingertips the precise increase in recent years in legal aid dependent on immigration cases, or the additional amounts that may have been provided in recent years, but initial amounts of funding were provided for a very large number of purposes by the last Government, and most of those cases are now having to be looked at again.
Oral Answers to Questions
Lord Clarke of Nottingham Excerpts(13 years, 11 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The proposal to grant anonymity to defendants in rape trials was included in the coalition agreement following negotiations between the two coalition partners. All the policy commitments made by the coalition Government were derived from the existing policy of one or both of the governing parties. The issue of anonymity for defendants in rape trials was adopted as party policy by the Liberal Democrat party while in opposition. It was also the subject of an extensive inquiry by the Home Affairs Committee, in its fifth report published on 24 June 2003.
Caroline Flint
I thank the right hon. and learned Gentleman for his answer. His Minister has indicated that he believes the stigma associated with those accused of rape is so damaging that, uniquely, they need further protection through anonymity, but evidence shows that the public are far more hostile to paedophiles and murderers, so why, on the evidence, does he choose to extend anonymity to those accused of rape?
Mr Clarke
There are arguments on both sides of the question, and they have frequently come before the House over the years. The Government think it is right to have a reasonable debate on them. That is one of the arguments in favour of anonymity. The argument that I have always thought is the strongest for anonymity is in cases in which the victim has anonymity—when there are allegations by children against teachers and others, or allegations made by women or men in rape cases. Where the victim is allowed anonymity all the way through, there is a case, which the House has accepted on occasions in the past, for giving anonymity to the person who is accused. There are other arguments on both sides of the case. We are not likely to have early legislation on the matter. This was the principal subject of debate in 2003 when there was a Bill before the House, and it divided all three parties. It is not a matter for party political ideology. It is a question that the House as a whole should consider with care.
Meg Munn
In my experience of working with sex offenders, it is extremely unusual for someone to offend on only one occasion. Publicising the name of the person accused often allows other women to come forward. Will the right hon. and learned Gentleman look seriously at this evidence, at research that has been done by the Home Office, and at research to which I have been directed, by the excellent criminology department at Sheffield university?
Mr Clarke
As the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt) reasonably said in the Adjournment debate, we are looking at evidence and seeing how many cases are multiple offenders, and in what particular cases that might have led to further complaints and detection, but I point out that 53%—I think that is the figure—of those accused in serious rape cases are known to the person making the accusation. They are usually ex-partners or ex-husbands. In those cases, where the person sometimes gets anonymity if they are the husband, not granting it might betray the identity of the complainant, and sometimes the person accused does not get anonymity, if they are the partner. There is a perfectly serious case to be made on both sides of the argument, and the coalition agreement has contemplated going back to anonymity. I had to look up which way I voted the last time the question was before the House. Other hon. Members would probably have to do the same. I voted in favour of anonymity then, but we are now listening to the arguments.
Bridget Phillipson
I have worked with victims of sexual violence and know how difficult it is for women to come forward and report offences. The right hon. and learned Gentleman is right that the issue is not about party politics; it is about protecting very vulnerable victims of crime. If the Government intend to press ahead with those proposals, will he outline how they intend to encourage women to report rape offences and what measures will be brought forward to drive up the conviction rate in rape cases, which remains significantly lower than it should be?
Mr Clarke
The Government are committed to providing up to 15 more rape crisis centres. I agree entirely with the hon. Lady that, obviously, nobody is questioning the long-standing decision that anonymity be given to all victims making allegations of rape. It is obviously important that everything possible be done to encourage more women who have suffered from that crime to come forward and seek the prosecution of the perpetrator.
Maria Eagle (Garston and Halewood) (Lab)
I listened with great care to what the right hon. and learned Gentleman the Secretary of State said about the mystery of where the policy came from, but can he enlighten the House as to why, over that weekend of negotiations between the Liberal Democrats and the Conservative party about the coalition agreement, the matter suddenly became a major priority when it had not been in either manifesto before? Will he also please tell us how many women were involved in those negotiations?
Mr Clarke
I was not involved in the negotiations, but the policy actually emerged from them. I remind the hon. Lady that the Liberal Democrat assembly voted in favour of the policy in 2006, but it did so against a background of considerable debate. People from all parts of this House decided to vote for anonymity in 2003, and we recently had a report from Baroness Stern, who I do not think supports anonymity but recommended that the matter be debated more extensively.
The one thing that I can say to the hon. Lady is that the idea that the proposal was a male decision to the exclusion of female sensitivity on the subject is, frankly, slightly wide of the mark. Nobody in the House denies that rape is a serious offence; nobody in the House wants to reduce the protection that is given to women who are threatened with it or experience it.
Kevin Brennan (Cardiff West) (Lab)
6. What assessment he has made of the potential effect on the likelihood of rape victims coming forward of his policy to extend anonymity to defendants in rape trials.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Government totally support the anonymity of rape victims and regard rape as a very serious crime that should be prosecuted in all cases where sufficient evidence exists. There seems to be no reason, however, why a victim should be deterred from complaining because the name of the accused will not be immediately publicised. The Government are, however, prepared to consider all arguments on that or any other aspect of the issue.
Kevin Brennan
The point is that the Justice Secretary has come before the House and talked about the proposal as if he were suggesting perhaps a Green Paper or a national debate, but it is in his programme of government, and I notice that his Front-Bench team is a Liberal-free zone. Does he feel, and will he now admit to the House, that basically he has been sold a pup?
Mr Clarke
No. I think that it is a serious issue, and, although I may not have initiated its appearance in the coalition agreement, the hon. Gentleman may gather that I am not averse to the House looking at it again. There are people who want us to do so, and we will have an opportunity, no doubt in due course, to put it to Members. I am not responsible for the whipping in the House, but I suspect that all three parties would rather prefer a fairly free vote on the issue, because I do not think that there is any consensus in any part of the House, unless I am suddenly told it is—[Interruption.] The Labour party is looking for new policies, I know, but I do not think that it has decided to make this issue the central plank of its much overdue reform.
We have said that we are attracted by the argument, and that we will debate it and consider all the arguments produced by Members from all parts of the House. The Prime Minister actually referred Members to the Home Affairs Committee on which he sat, which on an all-party basis recommended anonymity, at least until the time of charge, only a few years ago.
Katy Clark
I am pleased to hear that there may be a free vote on this issue and that the Secretary of State has so little personal enthusiasm for the policy. Does he agree that the main problem in rape cases is the low conviction rate and the fact that rape victims are not believed? Rather than trying to create ways to provide those accused of rape with more protection, we should be looking at ways to make sure that women feel able to come forward and that we increase the conviction rate.
Mr Clarke
I hasten to repeat that I have no responsibility or control over the whipping arrangements of any of the political parties in the House. When I was operating as a Back Bencher, I took this sort of vote very seriously. I considered it seriously in 2003 and came down in favour of voting for anonymity. It is no good trying to sweep the issue from the field, and we are not going to do that.
The conviction rate among those charged with rape is 38%, which is lower than that for some other offences, but rape is different in many ways from more straightforward crimes such as theft. In rape cases, we are essentially relying on the frame of mind of one of the parties; something that is perfectly lawful and affectionate if the woman is consenting is a very serious criminal offence if she is not.
Juries are the best people to decide whether they believe one version or the other in what, in my very distant experience of such trials, can sometimes be difficult cases that are best left to juries. That is why I am urging that this is a serious issue, and the coalition agreement was right to raise it. We have expressed our current intention, but Members from all parties will want to listen to all the arguments on both sides and not just be driven away from considering them.
Emma Reynolds
When the black cab driver John Worboys was charged with a string of sex attacks, more than 80 women felt that they could come forward and present themselves as victims. Anonymity for rape defendants would have prevented that from happening. Surely the Justice Secretary agrees that it is important that victims should feel able to come forward, not only to seek justice for themselves, but to strengthen the case for prosecution.
Mr Clarke
That could be a good argument, and we will look at it; evidence of that is, I think, one of the things that my hon. Friend the Under-Secretary said we would consider. We are trying to have a look at the Worboys case, which is always cited, to see how far the response to that was caused by publicity about the name of the accused person and how far it was a result of the police investigation into the nature of the rape. We can come back to that in later debate. It is not a conclusive argument. A very large number of rape cases do not involve multiple offenders; essentially, they often involve people who are well known to each other and have a history of a consensual sexual relationship.
Jonathan Evans (Cardiff North) (Con)
Does my right hon. and learned Friend agree that it is important that the appropriate counselling is available for victims coming forward? That counselling has recently been withdrawn in my constituency and that of the hon. Member for Cardiff West (Kevin Brennan). It is now provided by volunteers. Will my right hon. and learned Friend look at ensuring that appropriate funding is put in place for that service?
Mr Clarke
I certainly will. I have already referred to our commitment to try to provide new rape crisis centres, preferably using the proceeds of crime when they are recovered from criminal offenders. I strongly agree with my hon. Friend that we are long past the stage at which a woman complaining of rape is treated as if she were complaining about a handbag robbery. There is no doubt that all these cases have to be treated with considerable sensitivity because it is very difficult for a woman to bring herself to complain and not enough do so, even in the present climate of opinion.
Simon Hughes (Bermondsey and Old Southwark) (LD)
8. What steps the Government plan to take to reduce reoffending by prisoners after release; and if he will make a statement.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
17. What the conviction rate was for cases of rape reported in Liverpool, Wavertree constituency in the last 12 months for which figures are available.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Conviction rates are based on the proportion of defendants proceeded against who were found guilty. I can tell the hon. Lady that 44 defendants were proceeded against in the Merseyside police force area in 2008 and 13 were found guilty, giving a conviction rate of 30%. Court proceedings data are not available at parliamentary constituency level.
Luciana Berger
As the Secretary of State has just highlighted, the conviction rate for rape in my constituency is already dangerously low. Can he give us a definitive answer as to why rape defendants should be afforded greater protection than defendants accused of other serious crimes?
Mr Clarke
There are some relevant arguments on both sides, and other arguments that—with respect—are less relevant. I do not think that the conviction rate for rape is affected by whether the defendant had anonymity up to the trial. Nor is a woman’s decision to complain affected by whether the man’s name will be published in the newspaper immediately. It is important to ensure that all cases of rape are reported by victims who are then treated properly and that cases in which the evidence is sufficient are prosecuted and convicted. I trust that that will be pursued in Merseyside. As I say, some 30% of those charged are convicted, and I shall not dilate further than I did earlier on the particular nature of rape allegations, which are rather different from the allegations of normal violent crime or theft—[Interruption.] No, the nature of the issue before the jury is very different in such cases. The best analogy is with other sexual offence complaints made against teachers and others, in which anonymity is given to the victim but not to the person accused, and some Members have argued for that to be reconsidered.
Mr David Evennett (Bexleyheath and Crayford) (Con)
18. What his policy is on increasing prison capacity; and if he will make a statement.
Andrew Rosindell (Romford) (Con)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Ministry of Justice is responsible for the entire justice system, including the courts, prisons and probation services. Over the past four weeks, since taking office, I have sought to look at the major issues facing the Department and have worked closely with my ministerial colleagues to identify policy objectives and where savings can be made, given the current economic circumstances. We are conducting a full assessment of sentencing and rehabilitation policy to ensure it is effective in deterring crime, protecting the public, punishing offenders and cutting reoffending, while ensuring good value for the taxpayer. We intend to concentrate on the needs of justice while ensuring that legal aid works efficiently and that taxpayers’ money is well spent. In addition, I would like to inform the House that the Prime Minister has asked me to be the Government’s anti-corruption champion.
Andrew Rosindell
I thank the Secretary of State for Justice for his answer, although he did not mention his Department’s responsibility for the British Crown dependencies of the Isle of Man, Jersey, Guernsey, Sark and Alderney. He will know that the previous Government were rather negative towards the loyal subjects in the Crown dependencies. Will he confirm that the new Conservative-led Government will be positive towards them and value their contribution to the British economy?
Mr Clarke
I recognise the important and very enjoyable responsibility I had for the Crown dependencies when I was Home Secretary, and I can assure the hon. Gentleman that the Government give a high priority to ensuring that the relationship with the Channel Islands and the Isle of Man is completely satisfactory. I am surprised that responsibility has found its way to the Justice Department—perhaps it was not considered carefully enough by the previous Government. I only raise the possibility that we will have a look at the allocation of responsibilities between Departments to find which allocation best suits both Her Majesty’s Government and the Governments of the Crown dependencies.
Siobhain McDonagh (Mitcham and Morden) (Lab)
T2. Ministers have referred to the recommendation in the Stern report on false allegations of rape. What are their plans to address the other 22 recommendations in the report?
Mr Clarke
The recommendations were only made recently, but I agree that there is no point looking at one aspect of the subject without looking at the others. I think the whole House agrees that we should do everything possible to protect the victims of rape, to enable proper allegations to be brought and to enable justice to be done, so that those responsible for this serious crime are brought to justice. I only mentioned one aspect of Baroness Stern’s report, but the whole report is indeed important.
David T. C. Davies (Monmouth) (Con)
T5. A High Court judge, sitting on the board of the Independent Parliamentary Standards Authority, recently told all MPs that they should be treated in exactly the same way as every other public servant. Will the Minister therefore consider publishing the travel and accommodation expenses and allowances of High Court judges so that we can find out whether we are indeed matched pound for pound with their lordships?
Ian Lucas (Wrexham) (Lab)
T4. Will the Lib Dem-Tory Government be legislating to give prisoners the vote?
Mr Kenneth Clarke
The previous Government were considering the question carefully, and we are still carefully considering our policy on the issue.
Mr Dominic Raab (Esher and Walton) (Con)
T7. What plans does the Justice Secretary have to reform drug rehabilitation in our prisons, so that we see fewer offenders languishing on methadone prescriptions than under the previous Government, and more going clean on abstinence-based programmes?
Mr Kenneth Clarke
With great respect, I find it very surprising that so many questions are being raised about a proposition that has been before the House, on and off, for the past 20 years and is not easily resolved. We will, of course, look at all arguments, including the experience of the case to which the hon. Lady has referred, but that is only one of the considerations to be taken into account. There will undoubtedly sometimes be cases where the publication of the name of the accused person gives rise to other people coming forward with well-founded complaints against that person. We will have to see whether there is any evidence that such cases are a significant proportion of the total cases of rape. We shall also have to consider the arguments on the other side, where a woman can make an anonymous complaint, the man can eventually be convicted, after going through a long and probably rather destructive ordeal, and the woman retains her anonymity as she walks away, with her ex-boyfriend or ex-husband left to live with the consequences.
Chris Bryant (Rhondda) (Lab)
In his capacity as the new anti-corruption tsar, will the Justice Secretary have a word with Andy Coulson? Andy Coulson and Rebekah Wade both admitted that they had paid police officers for information when running newspapers. They paid police officers; that is suborning a police officer. Will the Justice Secretary institute a review of the process whereby newspapers sometimes pay for information from police officers, and put a stop to it?
Mr Kenneth Clarke
Personally, I think that this Government are going to give a very high priority to restoring and, I trust, maintaining this company’s reputation—[Laughter.]—this country’s reputation as one of the leading advocates of the elimination of corruption in trade and in Government contracts. We shall also ensure that the Bribery Act 2010, which we supported, is properly enforced, and that we are in the forefront of the people paying regard to this matter. With respect, I do not think that the hon. Gentleman’s question bears very closely on that. I would also say to him that making allegations against people who are not Members, under cover of parliamentary privilege, should be done with great caution. He should not accuse people of corruption in the course of putting a question to me on this subject.
Chris Leslie (Nottingham East) (Lab/Co-op)
Will the Justice Secretary acknowledge that, when our constituents are the victims of crime, they often need support and assistance to navigate the criminal justice service? Will he take this opportunity to, at the very least, ring-fence his Department’s expenditure on services for the victims of crime?
Mr Clarke
The Government will give priority to victims to exactly the extent that the House would expect. It should be in the forefront of all our minds when trying to protect the country against crime that the interests of victims should be paramount. My reflection on this hour of questioning is that it is no good for the Labour party to respond to every suggestion that there might be budget constraints as though that represents a threat to an essential service. The fact is that there is no money, and that is the fault of those in the Labour party. They will not be taken seriously again until they face up to the reality of the situation to which they have largely contributed, and start producing some realistic alternative policies to challenge those being put forward by the Government.
Mr Robert Buckland (South Swindon) (Con)
Will the Secretary of State clarify whether his Department is to review the current system of classification of controlled drugs—which has been called seriously into question in recent months—and particularly the role of the Advisory Committee on the Misuse of Drugs?
Mr Clarke
We have been looking at practically every aspect of policy in our first weeks in office, but we are not rushing to readdress the categorisation of drugs and we are going to ensure that scientific advice on this subject is treated properly, objectively and in the public interest. Any views that my hon. Friend wishes to put forward on the workings of the present system will be carefully considered by myself and my team of Ministers.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Does the Secretary of State agree that the recent spectacle of Roy Whiting exploiting British taxpayers to demand a reduction in his sentence is an abuse of justice and an insult to the memory of Sarah Payne?