Family Law Terminology

Alex Cunningham Excerpts

Wednesday 16th November 2022 Westminster Hall

[Siobhan Baillie]

I agree. It is not a good use of magistrates’ time, either. This is not easy for parents—nobody should suggest that they rush to court, because often that is not the case. At the moment, parents think that court is the only place to go to get disputes resolved. That change in society and culture would help to free up the court’s time, which is incredibly important to my hon. Friend and other magistrates. His Honour Judge Wildblood went on to say this, directed at parents and lawyers:

“If you do bring unnecessary cases to this Court, you will be criticised, and sanctions may be imposed on you. There are many other ways to settle disagreements, such as mediation.”

I am looking to the Minister to help me and other parliamentarians to change the family law system to, in turn, help the Ministry of Justice to achieve its goals to ensure that people can access justice and court time in a timely way when they really need it.

[Alex Cunningham (Stockton North) (Lab)]

I agree with what the hon. Lady is saying. The problem is that there are insufficient resources in mediation services, but if we invested in them, we could make savings further down the road within the court system and the Ministry of Justice. Is that something she would encourage?

[Siobhan Baillie]

It is absolutely fantastic to hear the hon. Gentleman talk about mediation. There has actually been a lot of investment in mediation. The demand went up an awful lot when we had a voucher system, which we may hear about from the Minister. Where demand has gone up, we need to meet that demand, because those parents will end up in court if we cannot get them into mediation services. It is absolutely great to hear the hon. Gentleman champion mediation in that way, and we will look to the Minister to hear more about the options.

I am asking for a few things today. Will the Minister confirm that the Ministry of Justice’s much-needed focus on family law reform is continuing, now that the Lord Chancellor is back in his post? It went quiet for a bit, and the Lord Chancellor previously did an awful lot on this issue. What has happened to the demand reduction plan? I know the Department was looking at that very carefully, and it was designing the plan to keep families out of court wherever possible. Does the Minister agree that the FSG should receive a formal response from the Government to its “What About Me?” and “Language Matters” reports?

Can the Minister please confirm that the Ministry of Justice is working across Departments to embed support for separating families in services such as family hubs, and to learn from the Department for Work and Pensions’ successful reducing parental conflict programmes? Will the Government confirm that they will investigate extending family law projects and pilot schemes? We know that they are working really well and teaching us better practice for cases involving children, so we would like to see more of them. Finally, will the Minister get representatives of the FSG to meet officials in the Department in order to discuss their proposals?

I genuinely believe that changing the options available to parents, re-educating society about the impact of litigation on children and changing the legal language of separation will help millions of parents and, importantly, the life chances of children. I hope we can work together to make that happen.

Oral Answers to Questions

Alex Cunningham Excerpts

Tuesday 18th October 2022 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

I am grateful to my hon. Friend the Member for Bolton South East (Yasmin Qureshi) for raising this question—a question that could be asked of each and every town and city with a courtroom, because the picture is dire up and down the country. I am glad, however, that the Ministry of Justice got back round the table with representatives from the criminal Bar and engaged with their concerns so that justice could get moving again. However, just a couple of weeks after that strike action ended, the Minister is facing more. It is about the failure of the Common Platform, which is preventing staff from doing their jobs effectively and holding up justice for victims and defendants alike. I welcome to his place the fourth Justice Minister that I have faced across the Dispatch Box. Will he now do what his managers and predecessors have refused to do and pause the further roll-out of this system until he gets it fixed?

[Gareth Johnson]

I totally reject the argument that somehow the Common Platform is responsible for the backlog in the courts; it is not. What happened is that the backlog in the courts increased during covid. We were the first country in the world to recommence jury trials and get our courts back working again. The backlog was going down, but we then had the Bar strike, which, understandably, increased it because barristers were not working, but thanks to the actions of the Lord Chancellor, we now have resolved that issue and can look forward to the backlog coming down.

Rape: Criminal Prosecutions

Alex Cunningham Excerpts

Tuesday 28th June 2022 Commons Chamber

[Victoria Atkins]

One of the disappointments of the hon. Lady’s responses, and indeed her advocacy last week, is that in the past we have been able to find cross-party consensus on matters that are of great interest to Members on both sides of the House, particularly in relation to the Bill that became the Domestic Abuse Act 2021. It is disappointing, to put it mildly, when Labour Members either insist on using figures that are not correct—not up to date, for instance—or seek to criticise the Government, perhaps not realising that in doing so they are also criticising the police, who are operationally independent—

[Alex Cunningham (Stockton North) (Lab)]

Nonsense.

[Victoria Atkins]

They are criticising the Crown Prosecution Service, which is operationally independent, and the courts, which are constitutionally and operationally independent. All three of those agencies in the criminal justice system are working together to make the difference.

On the national roll-out of section 28, the hon. Lady is wrong. We now have 47 Crown courts operating section 28, and we are rolling out section 28 recordings across the country, nationally, far faster than we anticipated in the rape review. On enhanced specialist support in courts for victims of sexual violence, again, we have worked closely with the judiciary. We are piloting it, as we are obliged to do, and I am sure that others in the House will understand why we have to tread carefully, but we hope and expect that the result will justify further rolling out. As for Operation Soteria and suspect investigations, we will have rolled that out in a further 14 police forces by September, and we will have rolled it out nationally, across all forces, in the first half of next year.

When the hon. Lady criticises this Government, she is, I am afraid, implicitly criticising those who are working on the frontline, making these changes happen.

[Alex Cunningham]

Absolute nonsense. Rubbish.

[Victoria Atkins]

Day in, day out, this Government are focused on trying to improve results for victims.

[Alex Cunningham]

Where are the results?

[Victoria Atkins]

A male Member of the House is shouting at me across the Dispatch Box while I am trying to explain. This is a deeply serious subject, and it must be—I would hope—a matter on which we can find measured and constructive ways of working together in order to improve justice for victims, because that, surely, is what we should all be focusing on.

Sentencing: Repeat Offenders

Alex Cunningham Excerpts

Tuesday 21st June 2022 Westminster Hall

[James Daly]

Thank you, Sir Gary. I agree with everything that my hon. Friend said. When we look at reoffending rates, we must look at what we are talking about, because we cannot talk in the generality. When I first appeared before the courts, I was representing up to 10 shoplifters a day. My hon. Friend has been on the bench for a long time, so he will know that that was the nature of repeat offending—drug-related acquisitive offending at a relatively low level.

[Alex Cunningham (Stockton North) (Lab)]

I am interested in the hon. Gentleman saying that he represented 10 shoplifters a day. When I visit shops nowadays, they tell me they are deeply frustrated that shoplifters are allowed simply to walk out of the store because nobody is interested in ensuring that they are caught and taken through the court system. Does he share that lament?

[James Daly]

I thank the hon. Gentleman for that point. I am sure the Minister will confirm that I have that conversation with him on a regular basis. It is an important issue. The level of offending that I saw when I initially practised has vanished from the courts. I do not know where it has gone; I do not think it has disappeared into the ether. All constituency MPs know that shoplifting is still a prolific issue, but it is not appearing before the courts.

When we get down to the issue of repeat offending, perhaps the nature of the offending that appears in a sentencing exercise has changed. Where do we look for that offending? What specifically categorises it? I have to say that I do not agree with what the hon. Member for Easington says, although I understand why he said it in terms of categorising the offending as organised crime. That is a very general description of what we are talking about. Organised crime tends to be very high-level offending. When I look at reoffending rates, I look at the offences where it is a prolific problem, such as domestic violence and serious sexual offending; all of those offences, which have very specific different motivations and reasons why they are committed, are the ones that I look at. I only make the point that we cannot debate this issue in the generality. We cannot say that one sentencing option or one rehabilitative model is going to suit every single option.

We then get to the question—I raised this with the hon. Member for Strangford (Jim Shannon)—of how to deal with repeat offenders: with a non-custodial sentence or a custodial one? I think every hon. Member would agree with the hon. Member for Easington that, in the circumstances he spoke about, the gentleman should be sent to prison. I represented people who had committed 400 offences. What do we do with them after 400 offences? Everything has been tried. Every sentence that had ever been invented had been tried by many of my clients, and had failed spectacularly. What do you do with them? They have to be sent to prison, because if it is highly unlikely for a sentence to be carried out or for an offender to take part in the requirements, that sentence cannot be imposed.

The drug rehabilitation part of non-custodial sentences is not as straightforward as people suggest. All the offenders I have represented, save those who had serious mental health issues, have understood that they should not be doing what they were doing. They know the difference between right and wrong—it is not a moral question. In many circumstances, it is a question of addressing their substance problem or opioid problem. When courts impose drug rehabilitation orders, we cannot simply take a wand out and hit somebody over the head and suddenly everything is okay. For the orders to be successful, there has to be planning, work and stability in their lives. For an offender who is living on the street, with very little money, a drug rehabilitation order may seem a sensible sentence because that is what the problem is, and that is why the offence has been committed, but we should not impose a sentence if we know it is going to fail, even if it addresses the root cause of the problem.

On non-custodial sentences, I agree with the points that were made about the probation service—I think we have got back to a better place, but we cannot simply talk about terms and conditions and how extremely important they are, and all the other things that the hon. Member for Easington referred to. This is about the interaction of the individuals, in the circumstances that they face on bail. It is those that are going to decide whether a sentence is successful or not.

In the custodial environment, there is a real debate about what we view as success in what people are offered, and that is not just about violence. Most of the reoffenders I represented were not violent individuals—they were not going into prison and that was sending them on to a different scale. It was about how the fundamental stability issues were addressed, particularly employment. I hope the Minister will comment on this point, because the Government are doing some really good work in looking at the root causes of offending. They are putting a lot of money into job creation and education, which we should not just brush aside. Some really positive steps are being taken.

Some other measures are really showing the Government’s innovative approach to sentencing policy. They were not around when I was practising. Alcohol abstinence tags have a phenomenally high rate of success. Many domestic violence offences are committed by people who are drunk or who have serious alcohol problems. Alcohol abstinence tags, whether part of the sentence or the licence conditions afterwards, are showing real success and we should—“celebrate” seems the wrong word for a sentencing exercise—at least acknowledge that good policies are being put in place.

There is also GPS tagging, which is about making sure that the justice system knows where a person is after they are released. If a burglar is coming to the end of their sentence and there is a concern about what they might do next, if they are GPs-tagged and silly enough to commit an offence, they will be arrested and put back into the court system as soon as possible. There is some really good work in this area. There is integrated offender management, which brings all the services together to produce a bespoke package to help offenders who are struggling with their lives.

The picture is complex. This problem has been around for a long time. Over many years, including under the Labour party, community rehabilitation orders have sadly been spectacularly unsuccessful, but that is not a reason for us not to keep on trying to use modern technology to learn from some of the things that have happened in the past and to have a real debate about how we can affect individual lives. Not everyone is the same. Each person we rehabilitate and bring back into a life where they are not committing offences is a success. That should not be viewed in the thousands, but in each individual success. We are all committed to doing that, while also, getting back to the original point, sending people to prison for sentences that are lengthy enough to deter reoffending behaviour.

[Alex Cunningham (Stockton North) (Lab)]

It is a pleasure to serve under your chairmanship for a second time, Sir Gary, despite the 10 years you tell me you have been in the role. I congratulate my hon. Friend the Member for Easington (Grahame Morris)—a fellow north-east England MP—on securing the debate. I believe he captured powerfully the frustrations that victims have with a criminal justice system that is crumbling on the Government’s watch. Before I go on, I want to pay tribute to the police, prison officers, probation officers and all the others who work so hard under very difficult circumstances.

My hon. Friend the Member for Easington recognises that the Government are soft on crime and, as he reports from his constituency, are letting criminals off and victims down. He mentioned the ludicrously small fines that offenders are receiving in his constituency and how one offender with a hundred offences ended up with a community service order. I am sure the Minister will want to comment on whether that is appropriate.

The hon. Member for Bury North (James Daly) mentioned that many people receive sentences that simply do not work, and that many simply ignore the courts and get away with it. According to Labour’s research, the number of uncollected court fines has now reached £1.2 billion in the last five years, and that includes more than £50 million of unpaid compensation due to victims directly. Can the Minister tell us what he is doing to collect some of that money? A billion pounds would be enough to pay the salaries of more than 19,000 additional police officers—not far shy of the number of officers that the Government have cut. I know that the Government plan to replace them and that some progress is being made. I welcome that, but we are in a situation where we are replacing experienced officers with inexperienced officers. Nevertheless, the Minister will be pleased to know that my nephew, Lewis Cunningham, is going to be one of those new police officers when he starts working for the Yorkshire force in the autumn.

The public rightly feel that the police are no longer visible on their streets. That is why we would try to put this right with our community police hubs. Some of those officers would also play a crucial role in our new neighbourhood prevention teams, bringing together community support officers, youth workers and council staff to tackle the causes of repeat antisocial behaviour currently blighting our communities. My hon. Friend the Member for Easington is right that being tough on crime and on the causes of crime is as valid now as it was during the days of the last Labour Government. It was nice to hear the hon. Member for Bury North celebrate his full employment under the last Labour Government, when we had a fully resourced and proper justice system. The policies we have announced in this Parliament show that our party is still committed to those guiding principles.

However, it is not just in the detection of repeat crime that the Government are letting victims and communities down; it is also in effective sentencing that properly acts as a deterrent, a prison system that properly rehabilitates defenders and a probation system that properly protects the public by reducing reoffending in communities themselves.

We have heard some positive things about prisons. The hon. Member for Warrington South (Andy Carter) mentioned the importance of education in the prison system and where it can work well. My own home prison in Stockton, Holme House Prison, does it best and has some fantastic facilities, yet even there prisoners are still spending far too long in their cells and are not really making full use of the facilities available to them.

What do we have? Under this Government, our prisons have become colleges of criminality. Repeat offenders, many of them on short sentences, leave prisons more addicted to drugs than they were when they entered, because prison drug abuse is up an astonishing 500% since 2010. Despite that, there has been only a fractional increase in the number of mandatory drug tests, so addiction grows. Drugs are rife in prison because the detection of contraband is so poor.

The Ministry of Justice is especially wasteful at times; it has thrown £140 million of taxpayers’ money down the drain in the past year. That includes £6 million on prison drug scanners that are picking up on average only 12 items of contraband each month because they are used so sparingly. They are not really a waste of money; if they were being used effectively and on a daily basis, we would be in a stronger position. It is no surprise that addiction causes problems in communities after prisoners are released if they are not accessing the types of rehabilitative programmes that they need while in custody. The number of NHS alcohol and drug treatment programmes started by inmates fell dramatically between 2015 and 2020, with 7,000 fewer places taken up.

The hon. Member for Totnes (Anthony Mangnall) talked about rehabilitation. Rehabilitation is the answer, but it needs to be properly resourced. Reoffending in our communities can only be stopped by making prisons work. A Labour Government would do that by putting a greater focus on rehabilitation and ending the explosion in drug use, which fuels further crime when inmates re-enter society.

[Anthony Mangnall]

Going back to the point about the resources put into rehabilitation, the hon. Gentleman is right up to a point, but the private sector also plays a significant role in preventing reoffending. Does the hon. Gentleman see that there has to be a bit of quid pro quo from both the private and public sectors on this issue?

[Alex Cunningham]

I agree. I think employers should play a greater role in prisons and we should encourage more of them in. However, we need to provide the right environment for employers. Many years ago I was employed by National Grid, which had a scheme working in partnership with prisons—I think forklift truck drivers were the main output from one prison in the south. Those people did not reoffend—or very few of them did—because they worked with the employer while they were still in prison, they had day release into the workplace and then they got a job afterwards. That is the real answer: education followed by a job.

We know that community service sentences have enormous potential for reducing reoffending as an alternative to short prison sentences, which, under this Government, only entrench offending behaviours. A large body of evidence suggests that community orders are more effective in reducing reoffending than short sentences. Under this Government, community sentences are being set up to fail because the Government do not seem to care about stopping repeat offending at source.

The number of hours of community service was falling significantly even before the pandemic, but has now fallen to less than 1.5 million, from over 5 million five years ago. Public trust in community sentences is flagging because those schemes have stopped being seen to be viable. The number of offenders completing a community sentence has fallen by a quarter in the past five years because offenders are breaching the terms of their sentences, often by not turning up.

Labour has proposed a better way forward. The public need to see that justice is being done in their communities. That is precisely what Labour’s community and victim payback boards would do, by providing publicly available data on the work that offenders are doing, determined by the communities and victims affected. We have put the victims of crime and the communities blighted by it at the centre of unpaid work schemes through existing safer neighbourhood boards. Another reason for the failure of community sentences, particularly where repeat offenders are concerned, is down to the fact that judges no longer trust that they will be delivered. The fault with that lies in the problems experienced by the probation service, which this Government have created with the service’s disastrous privatisation in 2014.

[James Daly]

I would be astounded if the hon. Gentleman had any evidence to back up the claim that judges do not trust community sentences. I do not know whether he has seen the Government’s work on community payback, which is extremely visible and effective. It is essentially already doing what he has just said.

[Alex Cunningham]

I accept that some progress has been made in this area, but we have a long way to go if we are to make it effective for many more people in the system. That is an illustration that the Government have belatedly realised their error and are starting to put things right. There are still worrying hangovers, such as recruitment and retention, from the previous system of community rehabilitation companies.

The rate at which probation officers are leaving the service has increased by a quarter since 2015. Resignations have consistently outstripped retirement and other reasons for leaving the service over the past five years: 60% of all leavers are choosing to walk away. The causes cited by some include high workloads, stress and poor pay, given the nature of the work and the rising cost of living. My hon. Friend the Member for Easington talked of some of those issues.

The workloads of existing staff have now reached unsafe levels. That is reflected in the alarming growth in certain serious further offences in recent years; that is, offences committed by repeat offenders who are the subject of probation supervision. I am sure the Minister will tell us how we are going to reconfigure the probation service, to ensure that we can put that right. SFOs for murder were higher in the three years to 2020 than they ever have been—surely, the most severe form of repeat offending that there is.

The public have a right to be concerned about these serious violent crimes in their communities, because this Tory Government have shown time and again they are not capable of dealing with the issue. There is no better example than repeat knife crime. The Government promised in 2015 to lock up repeat knife offenders, but almost half of repeat offenders avoided jail in 2021, and knife possession offences across England and Wales have increased by a fifth since the Conservatives came to power. The Minister and I spent a considerable length of time in Committee for the Police, Crime, Sentencing and Courts Bill Act 2022. I hope the measures it introduced will have the effect that the Government hope. Of course, many of the provisions have yet to be enacted.

The root of the problem with repeat offending is the neglect of youth services and youth offending teams, which could be preventing offending by engaging young people, instead of leaving them to their own devices and the influence of others who drag them into crime. That neglect has resulted in enormous rises in the scale and cost of violent youth crime, which now stands at more than £11 billion under this Government. Being soft on repeat offending and soft on its causes blights communities and costs taxpayers. Labour has shown it will tackle reoffending and repeat offending head on, and bring security to our communities. That is what my hon. Friend the Member for Easington wants.

Approved Premises (Substance Testing) Bill

Alex Cunningham Excerpts

2nd reading
Friday 29th October 2021 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

I congratulate the hon. Member for Aylesbury (Rob Butler) on bringing the Bill forward. I know that he has tremendous experience in the area, and he is a great asset to this place in that respect, but I was a bit concerned that he would talk out his own Bill.

The hon. Gentleman outlined clearly the context for the Bill. As we are content to support Second Reading, I will be brief. As we have heard, residents who are supervised in approved premises are not typical offenders. Often, they are high-risk individuals with previous additional problems and troubled pasts. For that reason, it is crucial that those who are housed in that type of premises can access a safe and secure environment that will support their rehabilitation and promote their wellbeing. Critical to that is ensuring that residents are protected from the supply of illicit drugs, which may have led many of them to offend in the first place.

Substance abuse ruins the lives not only of the people who become dependent on drugs, but of their friends, families and loved ones, as is very clearly the case when I talk to affected families in my constituency. Moreover, it plays a huge factor in offending and reoffending. Labour supports the principle of the Bill, which would give offender managers the powers they need to clamp down on illicit drugs in approved premises and, by doing so, to protect those in their care and prevent their reoffending.

Under the Offender Management Act 2007, residents of approved premises are required to submit to drugs tests if requested by members of staff, but we accept that the current testing framework is far from perfect. In particular, we share the concerns that, in the 14 years since the Act was enacted, patterns of drug misuse in custody, and in the community for that matter, have changed considerably. That is particularly evident in the huge number of new psychoactive substances available that are constantly evolving and becoming harder to detect and combat.

As the hon. Gentleman said, the Bill would allow offender managers to use urine testing rather than oral fluid testing to allow them to detect a far wider range of drugs over a longer period than currently, and then tackle their misuse. As Members will be aware, in recent years, psychoactive substances have become far more prevalent across approved premises and prisons. Similarly, there has been an alarming rise in the number of offenders abusing prescription drugs that have been prescribed for genuine medical purposes.

This is not just about further criminalising offenders. Giving offender managers the tools to better understand the types of drugs that are being abused in approved premises will allow them to better support those in their care. Not only will that improve the rehabilitation of individual residents, but it will decrease the risk to members of the wider public.

The misuse of drugs, prescription drugs and psychoactive substances is a growing problem within our prisons and youth offending institutions. It is also a problem in our approved premises, as we have heard. If we are to have any hope of breaking the cycle between offending and reoffending, we need to take action. We look forward to discussing the Bill in Committee.

Oral Answers to Questions

Alex Cunningham Excerpts

Tuesday 14th September 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

My hon. Friend raises a critical point, and we agree, which is why we have invested £100 million in gate security to ensure, for example, that body scanners can be installed to allow concealed items to be detected, that there is money for counter-corruption, and that rehabilitation and treatment can take place in jail. A time when our jails are completely drug free is something that we aspire to, and we are making important progress.

[Alex Cunningham (Stockton North) (Lab)]

At the last Justice questions, I raised the issue of the wrongful prosecution and conviction of British citizens under schedule 22 to the Coronavirus Act 2020, an issue that has been publicised by Big Brother Watch, Fair Trials, and The Guardian newspaper. Sadly, the Minister blamed the Crown Prosecution Service and did not promise to correct this injustice, and more people might have been wrongly convicted since then. That said, following our intervention, the Government have expired the schedule. I am grateful for that, but can the Lord Chancellor tell us what action he is taking to quash all the illegal convictions?

[Robert Buckland]

With respect to the hon. Gentleman, this is not a question of our blaming the Crown Prosecution Service. There is a constitutional principle here. The Crown Prosecution Service is independent, and the Law Officers are responsible for the superintendence of that service. I am sure that his colleague the shadow Solicitor General will be able to ask the Law Officers these questions in the next few days.

Draft Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021

Alex Cunningham Excerpts

Tuesday 29th June 2021 General Committees

[Alex Cunningham (Stockton North) (Lab)]

Let me just say that it is a pleasure to speak under your chairmanship for the first time, Mrs Miller. This is the first time since Thursday that I have been in this particular Committee Room; we were dealing then with the Police, Crime, Sentencing and Courts Bill. Then, I was working with two Ministers, and today I am pleased to welcome this Minister, who is almost ready to go, so I will sit down.

--- Later in debate ---

[Alex Cunningham]

I am sorry to disappoint you, Mrs Miller, by not allowing you to oversee your first Division in Committee. I thank the Minister for outlining the proposal so comprehensively.

As he explained, the e-commerce directive no longer applies in the UK following the end of the transition period on 31 December 2020. As a result the country of origin principle whereby an EEA-established ISS is liable for relevant offences only to the laws of the state in which it is established, rather than being subject to the individual laws of each state in which it operates, no longer functions as it used to.

There are also a couple of adverse possible consequences of not removing provision of the country of origin principle, which the Minister outlined. There would be a dual legislative burden for UK-established ISSs while operating in the EEA, and it would leave a gap with liability for EEA-established ISSs when operating in the UK. Of course, I recognise the volume of legislative change that was needed to extricate the UK from the EU, and that within the bulk of work, some parts would need to be prioritised over others. However, it would have been far preferable for the Government to finalise the necessary changes before the transition period ended. That would have been entirely possible had it not been for the Government’s insistence on seeking arbitrary deadlines throughout the Brexit process that they consistently failed to meet.

I would also welcome some reassurance from the Minister on a point raised by the European Statutory Instruments Committee, which said:

“The Committee is concerned that the effect of this instrument could be to dilute regulation of the international effect of publication of certain kinds of material (particularly online material with global reach) as it is not clear whether equivalent offences exist across the EEA.”

I am glad the Government have responded positively to the Committee’s recommendation of using the affirmative resolution procedure, but they have chosen not to carry out the review of equivalent provision across the EEA, as requested by the Committee.

I can understand that a full and comprehensive review would have taken a good amount of time and resources and I recognise the Government’s point that the impact of the changes will be minimal, because, as far as they are aware, there have been no prosecutions of information society services for these offences, or even any use of the country of origin principle jurisdictional rules that the instrument will remove. Yet, I am still surprised to see a Government who have had much publicity on how seriously they take the dangers of online harms shrug off the Committee’s response so quickly.

The Minister was in the Chamber earlier today to hear one of his own Members raise this very matter during Justice questions. It would therefore be useful to hear from the Minister whether any other sort of less comprehensive and therefore less resource-intensive research was considered by his Department before it chose the option of doing nothing at all.

That said, as I explained earlier, the Opposition understand the aim of this change and are sympathetic to it. We recognise that some Brexit-related deficiencies still need to be addressed and so we will not oppose this instrument today.

Oral Answers to Questions

Alex Cunningham Excerpts

Tuesday 29th June 2021 Commons Chamber

[Chris Philp]

The Chair of the Justice Committee is, as always, right in his analysis. We need to ensure that the capacity exists and, for the reason he mentioned, 1,600 extra staff have already been hired for Her Majesty’s Courts and Tribunals Service. He also mentioned Crown Prosecution Service capacity. I think its budget recently went up by about £80 million to enable 400 additional prosecutors to be hired.

In relation to judicial capacity, we will shortly bring forward measures to increase the mandatory retirement age for magistrates and judges from 70 to 75, which we hope will retain the most experienced judges who will be able to sit and hear these cases. In relation to physical courtroom capacity, we have clearly invested enormously in technology to enable remote hearings and, as I mentioned, about 20,000 a week are taking place. In addition to that, we have the 60 Nightingale courtrooms. When social distancing is relaxed—nothing has been confirmed, but we have a reasonable expectation that it will be in the near future—a reduction in those requirements will enable more courtrooms to be used safely than is the case today, which will also greatly assist court recovery.

[Alex Cunningham (Stockton North) (Lab)]

The Minister has been keen to talk up the Government’s efforts to get court waiting lists down, but it is vital that efficiency does not come at the expense of effective and proper justice. I hope he is aware of the controversy surrounding the use of the single justice procedure in relation to the thousands of people prosecuted for coronavirus-related offences and the fact that hundreds—the bulk in their absence—may have been wrongly charged and convicted. Indeed, 37 people have been unlawfully prosecuted under schedule 22 of the Coronavirus Act 2020, which has never been activated in England. When that problem was highlighted by Big Brother Watch and The Guardian newspaper, the Ministry of Justice said that

“defendants can…have their conviction voided and reheard if necessary.”

Surely the Minister agrees that such incompetence adds to the burden of the courts, is more expensive, weakens justice and may well be unlawful. What is he going to do about it?

[Chris Philp]

First, it is important to make clear that prosecution decisions are taken by the independent Crown Prosecution Service, not by the courts system. Secondly, when it comes to maintaining standards of justice, I think the right hon. Member for Tottenham (Mr Lammy), the shadow Secretary of State, floated the idea of having smaller juries earlier in the pandemic. Of course, we have maintained juries at 12. However, where unusual measures such as remote hearings have had to be taken throughout the pandemic, the Lord Chancellor and Secretary of State for Justice has ensured that justice standards have been maintained. Judges have always had the proper discretion to direct proceedings in their courtrooms so that justice is not only properly done but fairly done.

Oral Answers to Questions

Alex Cunningham Excerpts

Tuesday 18th May 2021 Commons Chamber

[Chris Philp]

I thank my hon. Friend for his question and for his interest, of course, in his constituency and his region. There is a great deal we are doing across the country, including in the east midlands. I mentioned the investment of a quarter of a billion pounds. We are also saying that for Crown court cases there will be no constraint on the number of cases listed. We are encouraging the judiciary the length and breadth of the kingdom, including in the east midlands, to be forward-leaning in listing. We have, of course, already opened the Nightingale court in Nottingham and are planning to open a further Crown court in Loughborough in the late summer, which will accommodate large multi-handers—it will be a supercourt. I hope my hon. Friend will welcome that important step, which will benefit his region.

[Alex Cunningham (Stockton North) (Lab)]

Even the Minister’s own MPs accept that there is a crisis in the court system. There are now a record 57,000 outstanding Crown court cases. Lawyers are concerned that they cannot safely see their clients in cells and facilities in many courts are inadequate for the same purpose. The temporary leases on many of the Nightingale courts will come to an end within weeks. Defendants are spending longer than ever in prison and on remand, and some are wrongly feeling pressured to plead guilty rather than face months and maybe years before their cases will be heard. Will the Minister confirm his plans for the future of Nightingale courts, put a stop to the other planned court closures and tell the House just how long is it going to take to clear this backlog?

[Chris Philp]

I am rather perplexed to hear the shadow Minister talk about planned court closures. There are not any planned court closures and, in fact, as I have said, we have opened up 60 new Nightingale courtrooms and will be looking to continue those as long as they are needed. I already said, in the last answer, that we are planning to open up a new Nightingale court in a number of places in the country, including in Loughborough. The Lord Chancellor has been clear that the judiciary can list at will in the Crown court to encourage the recovery, which we are supporting with money—I have mentioned the quarter of a billion pounds several times already—remote hearings and extra staff. The pandemic has caused enormous difficulties for the court system, as it has for public services. Jury trials and pandemics do not mix very well. We have taken decisive action. That decisive action is delivering results.

Oral Answers to Questions

Alex Cunningham Excerpts

Tuesday 16th March 2021 Commons Chamber

[Chris Philp]

I pay tribute to police and crime commissioner Alison Hernandez and all those working in Devon and Cornwall and across the country. I congratulate them on being first out of the blocks on video remand hearings. We are continuing to do video remand hearing work, particularly during the recent lockdown, and we have in fact made some funding available to support some forces to do that. I am sure that Devon and Cornwall will be receiving its fair share of support as part of the Government’s commitment to recruit 23,000 extra police officers, underlining our commitment to law and order.

[Alex Cunningham (Stockton North) (Lab)]

As we have already heard, the Crown court backlog has reached nearly 57,000 cases. Many victims of rape and sexual violence face waits of three or four years until their case comes to trial, all the while unable to fully access the therapeutic support they desperately need. It is yet another example of this Government failing to support victims of male violence properly. Will the Minister finally listen to calls from the Victims’ Commissioner and urgently roll-out section 28 measures to all intimidated witnesses, so that victims of these horrific sexual crimes can give evidence as soon as possible, relieving some of the burden of stress and anxiety that they carry as they journey through our criminal justice system?

[Chris Philp]

I share the shadow Minister’s concern about rape prosecutions. There is a rape review currently under way. It is being worked on by the police Minister and the Lord Chancellor, and will be reporting very shortly. Much of the waits actually relate not to the court system but to the time taken to collect evidence, to disclosure issues and to the time taken to prosecute, which is why we are putting £85 million extra into the Crown Prosecution Service.

The shadow Minister asked about section 28. The application of section 28 has been considerably widened recently, and we want to make that available as widely as we can, as quickly as possible. We also want to support victims. That is why we will be spending £140 million in the next financial year—a significant increase—on supporting victims and witnesses.

Finally, on rape, perhaps the shadow Minister can explain to the country and his constituents why it is that this evening the Labour party will vote against—