Alex Chalk
Main Page: Alex Chalk (Conservative - Cheltenham)Department Debates - View all Alex Chalk's debates with the Ministry of Justice
(3 months, 3 weeks ago)
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Dr Luke Evans (Bosworth) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
The reconsideration mechanism introduced in July 2019 is a vital tool for public protection, allowing Ministers to intervene in broad cases where there is concern that the decision to release is irrational or procedurally flawed, or where there has been an error of law. Since 2019, this Government have used the mechanism to have 17 release decisions retaken by the Parole Board. Nine of those resulted in the board reversing its original decision to direct release, including the recent case of Colin Pitchfork.
Dr Evans
The Treasurer of His Majesty’s Household, my right hon. Friend the Member for Nuneaton (Mr Jones), and I have both raised concerns about the release of Edwin Hopkins, the schoolgirl killer of Naomi Smith. I know that the Secretary of State cannot retrospectively apply the law around parole, but will he assure my constituents and residents in neighbouring Nuneaton that the new laws in the Victims and Prisoners Bill going through Parliament at the moment put public safety at the heart of future Parole Board decisions?
Alex Chalk
I am grateful to my hon. Friend for raising that extremely troubling case. The murder committed by Edwin Hopkins was a truly dreadful crime, and I understand the concern about the release of prisoners who have committed such heinous offences. The reforms in the Victims and Prisoners Bill do ensure that public safety is at the forefront of parole decisions, including by codifying the release test in law and introducing a new power to allow the Secretary of State to direct a second check on the release of some of the most serious offenders.
Jim Shannon (Strangford) (DUP)
I thank the Lord Chancellor for his response and his clear commitment to ensuring that victims are considered. As the Member of Parliament for Strangford, many people contact me about those getting early parole and decisions that are made. Will he reassure me and the House that victims will be considered and contacted before any person who has carried out an evil crime is actually released?
Alex Chalk
The hon. Gentleman is absolutely right. It is one thing being a victim of a crime in the first place but another not being kept updated on progress of the sentence of that individual, or indeed a parole decision. That is why we are absolutely committed through the victims code and other mechanisms to ensuring that victims are kept updated, including during the important parole process.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
Elliot Colburn (Carshalton and Wallington) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Supporting victims has broadly three elements. First, it means ensuring harmful behaviour is comprehensively criminalised. That is why we have legislated to create new offences of stalking, coercive and controlling behaviour, upskirting, revenge porn, non-fatal strangulation and cyberflashing. Secondly, it means ensuring that the punishment fits the crime, which is why the average sentence has increased by around 50% since 2010. Thirdly, it means supporting victims before, during and after the court process. That is why we are funding over 1,000 independent sexual violence advisers and independent domestic violence advisers by 2024-25, we have set up a 24/7 rape support helpline, and we are quadrupling funding for victims’ services in cash terms since 2010.
Julie Marson
Cuckooing is not a victimless crime. The victims whose homes are invaded are frequently extremely vulnerable. Will the Secretary of State consider a separate specific offence of cuckooing in the Criminal Justice Bill to ensure not just that the punishment fits the crime, but that the crime fits the crime?
Alex Chalk
My hon. Friend has been brilliant in raising this issue time and time again. At least in part because of the pressure she has put on, we held a stakeholder engagement exercise on this issue with the police, criminal justice system partners, local authorities, other Government Departments and so on. The exercise reveals that there are civil orders and criminal offences which are available to disrupt it. It might be, for example, that the underlying offence is the possession of drugs with intent to supply, the possession of firearms or common assault. However, this issue is worthy of further consideration, so I will invite a conversation with her in due course.
Dr Davies
Last week, I was contacted by a constituent who has been named in the local press as a victim of domestic abuse against their expressed wishes. As my right hon. and learned Friend will appreciate, naming has the potential to endanger their safety and harm their recovery. What more can be done to safeguard the confidentiality of victims of domestic abuse?
Alex Chalk
My hon. Friend raises an absolutely essential point, because giving evidence is a deeply traumatic experience. Powers in section 46 of the Youth Justice and Criminal Evidence Act 1999 allow the court, on application, to make a decision about anonymity and to take account of the circumstances of the alleged offending, the alleged offender, the alleged victim, and so on. That is a matter for the court. The court has to weigh the circumstances of the case against the overarching interests of transparency. That is a matter on which the courts are well placed to decide.
Elliot Colburn
Carshalton and Wallington is supposed to be one of the safest parts of London, but it has been shocked by a number of knife and violent crime incidents recently, including a knife attack in Wallington Sainsbury’s on Christmas eve, which was traumatic not only for those involved but for those who witnessed it. Can my right hon. and learned Friend assure me that victims and witnesses of terrible crimes can get access to help and support while they wait for the police to build a case?
Alex Chalk
I thank my hon. Friend for drawing the attention of the House to that appalling incident. Yes, it is absolutely imperative that both victims and witnesses can access support in the aftermath of such shocking crimes. As I indicated, we are quadrupling funding for victims and witness support by 2024-25 on 2010 levels. This is important. Under the 2006 victims code that we inherited, support was available only for direct victims. We have changed that, so it is now available for witnesses who have suffered mental or emotional harm.
Tonia Antoniazzi (Gower) (Lab)
The Government left the role of Victims’ Commissioner unfilled for over a year and to this day have refused to place any duty on public bodies to co-operate with the postholder. Will the Government and the Secretary of State explain why they have not supported Labour’s proposals to give the role the same powers as the Domestic Abuse Commissioner has over public authorities such as the police?
Alex Chalk
The Victims’ Commissioner plays an important role and we are delighted that Baroness Newlove is taking it on again. She has an exemplary track record. The role sits within a wider approach that we are taking, which is to ensure, through the Victims and Prisoners Bill and through the revised victims code and so on, that victims go from being spectators of the criminal justice process to participants in it. I know the Victims’ Commissioner will help us on that journey.
Mr Gregory Campbell (East Londonderry) (DUP)
What is being done to ensure that victims of crime, particularly violent crime, get the necessary mental health support they require, particularly where they can suffer ongoing mental health issues and trauma beyond the period of the crime itself?
Alex Chalk
The hon. Gentleman raises an absolutely essential point. As I indicated, we are quadrupling funding for victims’ services on 2010 levels. Part of that is directed through police and crime commissioners to procure and commission precisely the kind of support he has indicated. What I am also able to say is that in those tragic cases that result in a fatality, the Homicide Service is now better resourced to provide ongoing support. That may be physical support, but it may also, sadly, be the mental support that is desperately needed.
Andy Slaughter (Hammersmith) (Lab)
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
The United Kingdom has a long-standing tradition of ensuring that rights and liberties are protected domestically and of fulfilling our international human rights obligations. We remain committed to a human rights framework that is up to date, fit for purpose and works for the British people. We have taken, and are taking, action to address specific issues with the Human Rights Act, including through the Illegal Migration Act 2023, the Victims and Prisoners Bill and the Overseas Operations (Service Personnel and Veterans) Act 2021, which address the vexatious claims against veterans and the armed forces.
Stuart C. McDonald
The Rwanda Bill is the second piece of legislation that this Government have introduced that they cannot guarantee will comply with vital convention rights. Does that not illustrate the total inadequacy of UK human rights legislation? Any old Government—even a crumbling Tory Government—can rip up fundamental rights without constraint, doing over the Supreme Court in the process.
Alex Chalk
No, I reject that characterisation. The European convention on human rights, under article 13, provides a right to an effective remedy. We think there is a perfectly respectable argument that our legislation fulfils that. We are committed to human rights, and we think we have a route that safeguards those rights and delivers on the interests of the British people.
Steven Bonnar
The human rights campaign organisation Just Fair has said that a human rights Bill for Scotland would provide a blueprint for how the UK as a whole could enshrine social, economic and cultural rights in domestic law. I am certain that the Scottish Government would be happy to share their experience and expertise in this area, so will the Secretary of State commit to engaging with them, with a view to bringing forward equivalent UK legislation, following their example?
Alex Chalk
I completely agree on the common interest we share across the United Kingdom in wanting to advance social and economic rights—put another way, ensuring good jobs and good public services. Of course that is right. What is questionable is whether it is sensible to make those rights justiciable, as we would find people pursuing all sorts of actions that clog up the courts, leaving them unable to deal with other matters. The hon. Gentleman is right on the principle we all want to achieve for people in our country. Is he right in wanting more litigation and more legislation? I think we have different views on that.
Hannah Bardell
The Scottish Government will bring forward a human rights Bill for Scotland, which is the right thing to do. Given the Justice Secretary’s previous statements in support of human rights and the ECHR, will he confirm his support for the Scottish approach? Surely putting human rights at the heart of Government and the wider public sector is the right thing to do.
Alex Chalk
It is important not to conflate those two things. We are a member of the European convention on human rights—I have already mentioned article 13—but that does not, in and of itself, determine how one should give effect to those rights. We already have the Human Rights Act 1998. It is not at all clear to me that Scotland’s proposed human rights Bill would advance human rights across the United Kingdom, but of course we will listen carefully to whatever the Scottish Government decide to introduce.
Martin Docherty-Hughes
I am sure that the Secretary of State is aware that the ECHR and the HRA are integral to the Good Friday/Belfast agreement, setting out a framework for the policing and the very governance of Northern Ireland. Does he agree that any attempt to overhaul the ECHR and the HRA from this place could have serious consequences for the communities of Northern Ireland?
Alex Chalk
We have a human rights framework that we consider to be important. We are mindful of the points that the hon. Gentleman raises. We are satisfied that we can deliver on the priorities of the British people. It is a perfectly reasonable priority to want to ensure that we have warm hearts but an open front door, and we are satisfied that we can do so within our international legal obligations.
Mr Philip Hollobone (Kettering) (Con)
It was revealed yesterday that, despite the best efforts of the Home Office, an Albanian-speaking migrant who has spent half his life in Serbia, and who has been jailed in this country for 18 months for cannabis farming after having entered the UK illegally, has been allowed to remain in Britain after he successfully claimed that he cannot be deported to Serbia because he no longer speaks Serbian. This is despite Albanian being a recognised minority language in Serbia, and despite him living in this country with his Serbian brother. Does this not demonstrate why we need urgent reform of the asylum system and human rights laws to allow the rapid and effective deportation of such dangerous criminals?
Alex Chalk
My hon. Friend is absolutely right that those who come to our country and betray this nation’s trust by acting illegally should not expect a warm welcome. That is why one of the things I am most proud of is signing a further prisoner transfer agreement with the Albanians to ensure that the British people, having suffered the initial crime, do not suffer the double punishment of having to pay £49,000 a year to house them in bed and breakfast accommodation in the United Kingdom. We will send them back, and that is exactly what we are doing.
Chris Stephens (Glasgow South West) (SNP)
May I take the Justice Secretary back to his interesting observations on the Rwanda Bill? He has said that the whole debate around the ECHR
“has been tainted by a misunderstanding of what the actual rights are, as though they are a foreign import that do not reflect some of the cultural norms in our country…nothing could be further from the truth.”—[Official Report, 13 February 2019; Vol. 654, c. 376WH.]
When it comes to the Rwanda Bill, why is he failing to uphold the ECHR and the Human Rights Act, which embody so many of the legal principles that the people of these islands hold so dear?
Alex Chalk
Respectfully, I completely reject that characterisation. We are remaining within the four corners of our international legal obligations. Our legislation is novel and contentious, but it remains within the four corners of our international legal obligations and delivers on the proper, insistent requirements of the British people, which are that we protect our borders and ensure fairness for all—for not only the British people, but those who have played by the rules and done the right thing when they have come to the UK. They will always have a warm welcome in our country. Those who act illegally can expect short shrift.
Chris Stephens
Of course, the Government state on the front page of the Rwanda Bill that they cannot guarantee that it complies with the ECHR, as the Justice Secretary well knows. The Bill also makes direct intrusions into devolved areas, because human rights are devolved to the Scottish Parliament. So will he confirm that a legislative consent motion will be sought from the Scottish Parliament on the safety of Rwanda?
Alex Chalk
The first point the hon. Gentleman was referring to is about the section 19(1)(b) statement, and such statements are not unusual—the much-missed Tessa Jowell took one through in the Bill that became the Communications Act 2003. There is nothing unusual about this, which is precisely why this provision was put in the Human Rights Act 1998. As for further LCMs, we will of course proceed in the normal way, and I will give that matter further consideration.
Sir Desmond Swayne (New Forest West) (Con)
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Protecting the public is our top priority. Offenders are subject to strict licence conditions on release, which can include tagging and exclusion zones, and they can of course be returned to prison if they breach those conditions. Victims of violent and sexual offenders serving prison sentences of 12 months or more are legally entitled to request protected licence conditions on release, including exclusion zones. The probation service works with partners including the police under the multi-agency public protection arrangements, to closely manage the risk presented by the most serious offenders.
Liz Saville Roberts
Rhianon Bragg’s attacker was convicted of stalking, possessing a firearm and making threats to kill. Only two months ago, the Parole Board decided that his probation release plan could not ensure public protection, yet he will be automatically released next month. I have sent numerous letters to Ministers on this matter but have received not a single reply. Given that the victim lives in a remote area, which makes conventional surveillance methods virtually impossible, will the Secretary of State finally provide a credible response to the urgent safety risks faced by victims such as Rhianon?
Alex Chalk
First, I thank the right hon. Lady for raising this case. I do know about the case of Rhianon Bragg—in the interests of complete transparency, I should say that I was at school with her. The Government introduced extended determinate sentences in order to better protect the public from dangerous offenders by making their early release dependent on the Parole Board. Offenders on extended determinate sentences must be released. As the right hon. Lady knows, there are no legal powers to hold them for longer at the end of that custodial term. However, they face years of strict supervision by the probation service with strict licence conditions, such as exclusion zones and curfews, and they will be returned to prison if they breach them. I am aware of the letter that was sent on the 14th to my right hon. Friend the Minister of State. He will of course be happy to meet the right hon. Lady to discuss those points.
Cat Smith (Lancaster and Fleetwood) (Lab)
Mike Kane (Wythenshawe and Sale East) (Lab)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
I thank the many His Majesty’s Prison and Probation Service and His Majesty’s Courts and Tribunals Service staff who continue to work hard over the Christmas period to deliver justice and keep us safe. Since the last Justice questions, the Victims and Prisoners Bill has passed its Third Reading in this House. It will enshrine the overarching principles of the victims code in law. It will establish a permanent independent public advocate for victims of major incidents, and it will enable a second check on Parole Board decisions in the interests of public safety. The Sentencing Bill, which is cracking down on the worst offenders by extending whole-life orders for any murder involving sexual or sadistic conduct, also passed its Second Reading, as did the Criminal Justice Bill, which will ensure, among other things, that criminals face up to the consequences of their appalling actions by requiring them to attend their sentencing hearings.
Finally, in December, I took part in a park run at HMP Onley alongside prison staff and serving prisoners. Congratulations to all who took part, except perhaps my private secretary, who had the audacity to beat me.
Mike Kane
The Minister mentions sexual offences, but it frustrates me beyond belief that my constituents have to wait on average 839 days for their cases to be heard. Is the distress caused taken into account, or is the system too broken?
Alex Chalk
The hon. Gentleman is absolutely right to raise the issue of victims of serious sexual offences. We take that incredibly seriously, and that is why we have introduced measures such as section 28, which enables evidence to be taken and recorded in advance. We have increased the fees for barristers to make that more straightforward. We have also increased the number of independent sexual violence advisers, who accompany, as it were, those victims on that journey. That is very important to prevent dropout rates. This is an important point: the sentencing levels are much higher—up by 30% compared with 2010.
Janet Daby (Lewisham East) (Lab)
The Children’s Commissioner’s report on family contact in the youth estate states that at the weekend, in two young offenders institutes, boys spent only up to one hour outside their cell each day. We can clearly see why that has led to an increase in violence. What is the Minister going to do about it?
Alex Chalk
It is important to note that, since 2010 when we came into power, the number of under-18s in custody has dropped dramatically. The cohort now in young offenders institutes is, to put it politely, highly complex. We take that extremely seriously and want to ensure there are sufficient staff. We do not give up on people, but it is important to recognise that that cohort will have been convicted of extremely serious offences, and we want to ensure there are sufficient resources to try to get the best out of them.
Dr James Davies (Vale of Clwyd) (Con)
Chris Law (Dundee West) (SNP)
Alex Chalk
We of course welcome any reduction in crime, and I am happy to congratulate Police Scotland on its work. It is encouraging that across the United Kingdom, and certainly across England and Wales, crime and reoffending are down. However, I urge the hon. Gentleman to ensure that Scotland does not anything that would be regrettable, such as rolling back on jury trials, which are a critical part of maintaining public confidence in the criminal justice system.
Dr Luke Evans (Bosworth) (Con)
Alex Chalk
I am grateful to my hon. Friend for raising that point. Alcohol tags are hugely valuable and are being used increasingly to tackle alcohol-related offending, including violent crime, successfully. Around 2,800 individuals were wearing an alcohol tag at the end of November 2023, 900 more than in the same period the year before, and alcohol bans imposed in community sentences were complied with for 97.3% of the days monitored since their introduction in October 2020. They are a vital crime-fighting tool.
Mr Speaker
Order. This is topical questions. I have to get everybody else in. If the hon. Lady is going to ask a topical question, it must be short and quick to allow others to ask theirs. Has the Minister been briefed on what is being asked?
Mrs Lewell-Buck
Little Tallulah passed away aged two on 2 November last year after those services failed her. How can her parents get some justice?
Alex Chalk
This sounds like an absolutely appalling case and my heart goes out to Tallulah and her family. I am unaware of the details of the case, but if the hon. Lady writes to me, she will get a response.
Kevin Foster (Torbay) (Con)
Dozens of businesses have signed up to Torbay Council’s safety of women at night charter, which is being championed by Councillor Hayley Tranter. What steps are the Government taking to ensure that those who pose a threat to women, for example by spiking drinks, get the type of deterrent sentence that such disgraceful behaviour deserves?
Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
My constituent was the victim of a violent attack, but because the perpetrator got a sentence of less than 12 months, she was not told when he was released from prison. The police say that it is impossible for them to go through the records of everybody who is released in order to advise her, so there is a gap in victim support. Will the Secretary of State commit to resolving that?
Alex Chalk
The hon. Lady raises an important point. I take that extremely seriously. Certainly, under the victims code, the rights of victims to be kept informed are far tighter than ever they used to be. If we need to go further, that seems to be a sensible conversation and I would be happy to have it.
Nadhim Zahawi (Stratford-on-Avon) (Con)
For too many years, this House has been witness to wrongful convictions in the Post Office-Fujitsu scandal. There remain 800 Post Office convictions based on bad data. Until those convictions are overturned, the victims cannot claim compensation. We could do something good together if the Justice Secretary brought a simple Bill to quash all 800 convictions immediately.
Alex Chalk
I am grateful to my right hon. Friend, who, with his customary precision, puts his finger on that appalling injustice. The suggestion that he makes is receiving active consideration. I expect to be able to make further announcements shortly.
John Cryer (Leyton and Wanstead) (Lab)
I add my support to the comments made by the hon. Member for Hertford and Stortford (Julie Marson). Cuckooing is a terrible activity, and making it a specific crime not only makes sense but would, I suspect, lead to the prosecution of other crimes such as drug dealing.
Alex Chalk
As I indicated, I will have a conversation with my hon. Friend the Member for Hertford and Stortford (Julie Marson) about that. There is very likely to be a substantive underlying offence, be it handling stolen goods, possession with intent to supply or firearms matters. This has been considered by way of discussions with criminal justice partners, but if there are further matters to consider with my hon. Friend, and indeed with the hon. Gentleman, I would be happy to have those conversations.
Siobhan Baillie (Stroud) (Con)
January is often considered family breakdown month. Anybody taking the terrifically difficult decision to separate this year will face not only a divorce costing over £14,000 on average, but months, or potentially more than a year, of resolving child and financial disputes. We need reform of focus in a range of areas. Will the Lord Chancellor kindly agree to meet me and the formidable Baroness Deech and Baroness Shackleton to look at our campaigns?
Sir Robert Buckland (South Swindon) (Con)
In a perfect world, the victims of the Horizon IT scandal would have their cases individually assessed by the Criminal Cases Review Commission and the Court of Appeal, but we are not in a perfect world. The scale of the miscarriage of justice is enormous, and there are hundreds of victims who understandably do not want to come forward because they have lost faith in the process. Will my right hon. and learned Friend the Lord Chancellor now consider the exceptional and unique step of legislating to quash the convictions?
Alex Chalk
I am grateful to my right hon. and learned Friend, who speaks with such authority. The circumstances are truly exceptional. When I was a Back Bencher, I went on the record as saying that Horizon is the most serious miscarriage of justice since the Guildford Four or the Birmingham Six. But the clue is that there were four in the Guildford case and six in the Birmingham case; we are talking about hundreds of people. The situation is truly exceptional and unprecedented, and it will need an appropriate resolution.
Tim Farron (Westmorland and Lonsdale) (LD)
Under the Illegal Migration Act 2023, victims of human trafficking who arrived in the UK via irregular routes would not have legal recourse to receive support under modern slavery provisions. Are Ministers comfortable with that? They do not look like monsters, so I assume not. If they are not, what will they do about it?
Sir Robert Neill (Bromley and Chislehurst) (Con)
Precisely because legislating to overturn convictions would be so unprecedented, will my right hon. and learned Friend the Lord Chancellor make sure that before such a step is taken, he is satisfied from conversations with the senior judiciary that the means of triaging and consolidating appeals that currently exist may not be capable of delivering justice within an acceptable timeframe?
Alex Chalk
That is precisely the point, and my hon. Friend has put his finger on it. Of course, we would not want to stray into the normal lane of the judiciary; we have huge respect for our independent judiciary, who do an exceptionally good job of ensuring that there is fairness on the facts before them. As I have said, the case is wholly unprecedented, and we will want to have exhausted all alternatives before taking radical action.
Andy Slaughter (Hammersmith) (Lab)
Spending on housing legal aid has fallen by more than half in the past decade, from £44 million to £20 million. Is this a proper response to growing insecurity, overcrowding and poor conditions in the housing market, or might it be a contributing factor?