(2 years, 9 months ago)
Lords ChamberMy Lords, this is a sensible move. It would make sense to introduce this legislation now, provided that it does not affect the overall review that is taking place. Why does the Minister not just act on this one piece of legislation now?
My Lords, it is hard for me to add to my previous answer. The Government feel that we must look at the whole landscape and get the law on financial provision sorted out, and that gives us the context in which we can decide what to do about prenups.
(2 years, 10 months ago)
Lords ChamberMy Lords, these matters will be considered fully in a forthcoming review, hopefully by the Law Commission. That commission is completing important work on surrogacy at this moment. Subject to final agreement, I hope to make a further announcement very soon indeed.
My Lords, there are models around the world that the Government could adopt. Why do they not look to those models and introduce them now?
The Government think that the Law Commission is best placed to investigate all these matters, establish what the existing law and practice is and where the problems lie, and make comparative studies of various other jurisdictions, including Australia and elsewhere, as has already been mentioned.
(3 years, 2 months ago)
Lords ChamberI accept my noble friend’s points about family relationships and their importance. They should be borne in mind in the rehabilitation programme and in post-release care.
Community service orders are far more effective than short-term sentences. As a large number of cases go through magistrates’ courts, are we making effective use of such sentences? If not, why not?
On a point of detail, the Government do not send anyone to prison. These are court decisions.
I apologise for my earlier intervention. The Prison Officers’ Association tells us that there is some space in our prisons: even after the need to do more repair and maintenance, there is still capacity there. But the association says it cannot use that capacity because of recruitment and retention problems. What are the Minister and the Government going to do to staff up our prisons so that they can use the space that they have?
We are working hard on a recruitment programme for prison officers. I do not have the exact figures in front of me, but I think we have recruited an additional 5,000 or so in recent times. I will give the noble Lord the exact figure as soon as I can obtain it.
(3 years, 6 months ago)
Lords ChamberWhat do the Government mean by “mechanisms”? It seems to add something to the Minister’s answer that he is not categorically ruling out changes. What are those mechanisms?
The provisions in the Bill are designed, in the words of Clause 1(2), to clarify and rebalance. The relevant mechanisms are to make clear the respective roles of the UK judiciary and the Strasbourg court, of the judiciary and Parliament, and of rights on the one hand and responsibilities on the other. Those are the mechanisms which I hope we will debate in detail in due course.
(4 years ago)
Lords ChamberMy Lords, with respect, you need a test to ensure that what you are doing is the most useful thing you can do. For example, we are looking at putting legal advice centres in hospitals, because we know that people who have legal problems often have other social welfare problems as well. It is often the case that you cannot resolve all your problems through the law; you need a holistic approach. I think we need some hard evidence, and the pilot will be very useful in this area.
My Lords, is it not the case that the Government’s review and the pilot schemes demonstrate that the Government got it very badly wrong when they cut millions of pounds from this area? Would it not be better to restore those cuts and then do a proper review and make sure that, this time, it covers people and gives them some rights?
My Lords, I made a commitment to myself today not to mention the words “Grayling” or “Gray”. What I would say is that, in this area, there is no going back to the pre-LASPO position. What we want to do in other areas of law where LASPO gave people legal aid is to divert them from the courts altogether. For example, in private family cases we have a mediation voucher scheme. We do not want people in court arguing about private family cases; we want them to resolve their problems outside court through mediation.
(9 years, 6 months ago)
Lords ChamberThe noble Lord has had a continued interest in the Crown dependencies: as chair of the Justice Select Committee, he wrote an influential report and a subsequent report in 2014, in which he applauded the response of the UK Government to the challenges that the Crown dependencies threw up. As the Prime Minister said, we are most concerned to ensure that the Crown dependencies’ interests are reflected in any negotiation. We are also anxious to encourage letters of entrustment where appropriate, to ensure that those interests are recognised in all treaties. There was a 2007-08 agreement which paved the way for such arrangements.
What would the effect of our leaving the European Union be on Gibraltar’s borders?
(12 years ago)
Commons Chamber
Sir Gerald Howarth
No, I am not going to give way at the moment. It is very important that people should understand the conditions that applied at the time. People who were going about their ordinary activities were subjected to intimidation. I became the hon. Member for Cannock and Burntwood in 1983 and I saw constituents of mine who were trying to go to work in Littleton colliery having bags of urine thrown at them by striking miners from south Wales.
(13 years, 2 months ago)
Commons ChamberI know that my hon. Friend has strong views on these matters. What I would say as Lord Chancellor is that it is important always to remember that judges, whoever they are and in whichever court they are, be it the European Court or a national court, have the right to reach the decisions they reach. We may violently disagree with those decisions, but they have the right to reach them, and it would be a sad day when they no longer had that right. Our job and duty as legislators—the job of national Parliaments such as this—is to exercise sovereignty when we wish to do so. If we do not like the decisions that judges take, we always have at our disposal the ability to change the law. My statement today indicates to Parliament that the legal precedents before it are very clear: it has the right to disagree with the decisions reached in the Court in Strasbourg, but it would be for Parliament to decide whether it wishes to exercise that sovereignty.
Do the Government want to pass this decision to Parliament without providing it with the legal advice or any estimate of the potential compensation claims that might be met if we do not comply?
Absolutely not; I intend to be as helpful as possible to Parliament. Indeed, my right hon. and learned Friend the Attorney-General has already been extensive in his evidence-giving to Parliament about the legal position. There is no secret and nothing to hide; we want Parliament to have access to all the sensible advice. I am certain that my right hon. and learned Friend will be willing to give evidence before the Joint Committee.
(13 years, 10 months ago)
Commons ChamberWe simply are not doing what the right hon. Gentleman suggests. Social welfare law will still receive £50 million in legal aid and we are redirecting the money we spend on legal aid towards helping the most vulnerable. When it comes to advice on benefits, people do not currently receive legal aid for representation. Before people go to appeal they will still be able to receive advice for many such cases from a general advice practitioner such as their local CAB.
8. What discussions he has had with the Lord Chief Justice on the potential effect of his planned changes to legal aid on the number of litigants in person.
Heidi Alexander (Lewisham East) (Lab)
10. What discussions he has had with the Lord Chief Justice on the potential effect of his planned changes to legal aid on the number of litigants in person.
Well, we have just discovered that the Labour party’s policy is to make substantial cuts in criminal legal aid. If the Government had made that proposal, that would no doubt have led to amazing attacks on our disregard for the principle that a person is innocent until proven guilty and to comments about the high risk of injustice in criminal trials. On the savings we are making in the cases to which the hon. Gentleman refers, the fact is that courts already deal with litigants in person. Any judge or tribunal knows that they have to pay particular attention to make sure that people are not disadvantaged by not having legal representation, but as the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly), has just explained, we have tried to identify cases in which the informality of the tribunals means that applicants should not be at any particular disadvantage if they do not have a lawyer there in any event.
(13 years, 11 months ago)
Commons ChamberI am absolutely confident that the police service could cope in those circumstances. In such situations, police forces will always rely on additional support from other services and will take special measures, such as the cancellation of leave, to maximise the resources available to them. The hon. Gentleman will have noted that the inspectorate of constabulary report on this issue did not suggest that the reduction in police spending and numbers was going to leave police forces more vulnerable in that regard. It talked about the importance of more effective and rapid deployment, and those are the issues on which we should focus.
The Minister said that he did not think there was any need to lose front-line police officers, and quoted the inspectorate in that context. Has the inspectorate not said that up to 10,000 police on the beat will be lost because of his cuts?
I shall deal with precisely what the inspectorate said in a minute.
Funding for counter-terrorism policing has been prioritised in the police funding settlement to ensure that the police have the necessary resources to respond to the demands posed by the continuing terrorist threat. We have allocated £564 million to counter-terrorism for 2012-13, and that follows a considerable increase over previous years. Forces will receive their allocations shortly. Delivering a safe and secure Olympic and Paralympic games is a priority for the Government, and preparations remain on track. As we indicated last year, the Government are confident that the Olympic policing and wider security programme can be delivered in full for £475 million, although £600 million remains available if required.
We have set aside sufficient funding for the election this November of police and crime commissioners, who will ensure that the police become fully accountable and responsive to the demands of their local areas. That funding is additional money, which will not come from the police settlement. [Interruption.] As hon. Members seek to interrupt me from a sedentary position, let me observe that it is very gratifying to note the number of putative police and crime commissioners on the Opposition Benches. Indeed, more and more Labour Members of Parliament are jumping from the sinking ship every day in the hope of seeking refuge in elected local office.
The evidence from HMIC also showed that a third of the police work force, including some 25,000 police officers and PCSOs—a quarter of all police officers, in fact—were employed in the back and middle offices. There is plenty of scope to make savings while protecting the front line, even if the overall number of officers has to fall, and this is what is happening. HMIC’s most recent data show that the proportion of the policing work force in the front line is expected to rise over the spending review period. The Government’s commitment to helping to protect visible policing is clear, not least in the neighbourhood policing fund, through which we are making £338 million available to ensure that forces can continue to provide a dedicated, consistent and visible presence in their communities through PCSOs. Crucially, maintaining the fund in 2012-13 will ensure that police and crime commissioners inherit a fully functioning neighbourhood policing framework in November. From that time, the decisions about such resourcing will be for them.
I now give way to the hon. Member for Bolton West (Julie Hilling), who has been patient.
We certainly support extra funding for the Metropolitan police and for forces in Greater Manchester, West Yorkshire, Humberside and across the country, which the Minister has abandoned because those areas do not have an immediate election where a Tory candidate is starting to struggle and fall behind.
Does my right hon. Friend agree that it is a scandal that the Government parties are bribing the London voters because there is a crucial election, while at the same time they are cutting funding to areas such as Merseyside and to other police authorities that face major problems? Those problems are now not going to get dealt with because of the cuts.
My hon. Friend is exactly right. This is happening from Merseyside to Norfolk and Gloucestershire; it is happening right across the country. We have been warning that the Government should reopen the funding formula for not only the Met, but other forces across the country, because the Minister’s plans are doing nothing for those other forces, which are facing those pressures. We have to wonder what the chief constables in other parts of the country have to do to get a break. Do they have to put on a blonde wig, jump on a bike and become a struggling Tory candidate to get the money they need? The Home Secretary should be more concerned about public safety than about the safety of Boris Johnson. This is a con for Londoners, it is a rip-off for the rest of the country and it is pork barrel politics at its worst.
He says he cannot confirm them, but shortly I shall hand him the figures from HMIC.
Isn’t the proof in the pudding? I know from Merseyside that there are fewer police officers and will be fewer in the future. When coalition Members speak, I will bet that not one Tory MP will be able to get up and claim that police numbers in his area have not been cut and will not be cut in the future. That will be the test.
My hon. Friend is right. In every force across the country, chief constables have been put in an impossible position and as a result they are saying that they have to cut front-line services. That is the impact of the Government’s decisions. The Minister is not admitting the facts. He will not stand up again and confirm the facts from HMIC, which show that in the first year more than 4,000 front-line officers have gone from front-line jobs. That is the reality of what is happening.