Offender Management

Caroline Dinenage Excerpts

Tuesday 8th December 2015 Written Statements

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

The management and care of transgender people in prison is a complex issue and one that the Government take very seriously. The National Offender Management Service is committed to incorporating equality and diversity into everything it does and treating offenders with decency and respect.

Currently, transgender adult prisoners are normally placed according to their legally recognised gender. However, we recognise that these situations are often complex and sensitive. That is why prisons exercise local discretion on the placement of those who live, or propose to live, in the gender other than the one assigned at birth. In such cases, senior prison management will review the individual circumstances, in consultation with medical and other experts.

However, we have received a number of representations expressing concern that the present system does not sufficiently address the needs of transgender prisoners.

As already announced, NOMS is undertaking a review of prison service instruction 7/2011 to ensure that it is fit for purpose and provides an appropriate balance between the needs of the individual and the responsibility to manage risk and safeguard the wellbeing of all prisoners.

The review will now be widened to consider what improvements we can make across prisons and probation services and across youth justice services.

The review will develop recommendations for revised guidelines which cover the future shape of prison and probation services for transgender prisoners and offenders in the community.

The review will be co-ordinated by a senior official from the Ministry of Justice who will engage with relevant stakeholders, including from the trans community, to ensure that we provide staff in prisons and probation with the best possible guidance. NOMS, the Youth Justice Board, the NHS and the Government Equalities Office will provide professional and operational expertise.

In addition, Peter Dawson and Dr Jay Stewart will act as independent advisers to this review. Peter Dawson is deputy director of the Prison Reform Trust and has served as deputy governor of HMP Brixton and governor of HMP Downview and HMP High Down. Dr Jay Stewart is a director of Gendered Intelligence, an organisation that aims to increase understandings of gender diversity.

A copy of the terms of reference will be placed in the Libraries of both Houses. The review will be expected to conclude its work early next year.

[HCWS368]

Oral Answers to Questions

Caroline Dinenage Excerpts

Tuesday 8th December 2015 Commons Chamber

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

3. What steps he is taking to reduce the number of custodial sentences given to women.

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

Crime is falling and the female prison population is now consistently under 4,000 for the first time in a decade. Last year, over 70% of women successfully completed their sentence in the community. However, we want to do more, so in partnership with the Government Equalities Office we are making available a £200,000 grant fund to support local areas to pilot the development of multi-agency approaches to female offending.

[Drew Hendry]

I thank the Minister for that answer, but the number of women in prisons across the UK has doubled since 2000. Many are mothers serving six-month sentences or less for minor offences, and that causes irreparable damage to family life. Will the Minister follow the example of the SNP Scottish Government in working harder to reduce the number of women in prison and give community sentences where possible?

[Caroline Dinenage]

The hon. Gentleman is absolutely right, and that is what the pilots are about. Female offenders often have very complex needs. They are much more likely to self-harm and to be victims of violence or domestic abuse than their male counterparts. That is why the pilots, which seek to divert women away from a pathway to prison very early on in their offending behaviour, are fantastic. The schemes recognise that sending women to prison can have a devastating effect not only on their lives, but on those of their dependent children.

[Philip Davies (Shipley) (Con)]

Will the Minister confirm that, for every single category of offence, a man is more likely than a woman to be sent to prison, to be sent to prison for longer and to serve more of their sentence in prison? Given this age of gender equality that the Government believe in so much, what possible justification can there be for releasing more women from prison than men, and what assessment has the Minister made of whether or not that breaks discrimination laws?

[Caroline Dinenage]

I am very happy to have the opportunity to answer that question. Obviously, sentences are based on the individual offence. Male offenders are, and will continue to be, supported through existing processes to address their needs, but let us not forget that our Prison Service and probation service were designed with male offenders in mind, because they make up 95% of their customers.

[Ms Margaret Ritchie (South Down) (SDLP)]

Will the Minister outline what levels of support will be available or are being considered for those women’s dependants, many of whom are quite young children?

[Caroline Dinenage]

The hon. Lady makes an excellent point. That is why our women’s prisons have made an enormous effort to engage with families and children, and some of them give women the opportunity to hold overnight visits with their young children. That is what the pilots are about: they are about recognising offending behaviour very early on, so that we can bring in third sector organisations and local authorities to divert women from ending up in prison.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

4. What plans he has to reintroduce the residence test for legal aid.

--- Later in debate ---

[Anna Turley (Redcar) (Lab/Co-op)]

11. What assessment he has made of the ease of access for children to appropriate legal representation.

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

The Government believe it is important for children and young people to have access to justice. That is why we have made sure that legal aid funding is available for the highest priority cases, including many that are of relevance to children.

[Anna Turley]

The director of the Youth Justice Legal Centre has said that many children are more reliant on the advice and support of their security guard than on their solicitor or legal team. What other steps are the Government taking to ensure that children and young people have access to proper support so that they can participate in a process that could affect the rest of their lives?

[Caroline Dinenage]

We are monitoring closely the impact of any changes—we keep this constantly under review—and we would be very concerned if there was any evidence that vulnerable children were not getting the help they needed.

[Mims Davies (Eastleigh) (Con)]

14. What plans he has to reform legal aid; and if he will make a statement.

--- Later in debate ---

[Suella Fernandes (Fareham) (Con)]

On 27 November, a transgender prisoner killed herself while serving in a male jail. What are the Government planning to do to address the concern about another tragic death in this vulnerable group of people?

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

We take every death in custody very seriously. The management and care of transgender people in prison is complex, and the Government take it very seriously. The National Offender Management Service is undertaking a review of the relevant Prison Service instruction to ensure that it provides an appropriate balance between the needs of the individual, and the responsibility to manage the risk and safeguard all prisoners. I can announce today that the review will be widened to consider what improvements we can make across prisons, probation and youth justice regarding the future shape of services for trans prisoners and offenders. The review will engage with relevant stakeholders, and Peter Dawson from the Prison Reform Trust and Dr Jay Stewart from Gendered Intelligence will act as independent advisers to the review, which we expect to conclude next year.

[Mr Speaker]

I say in a very kindly way to the Minister, whom I much esteem, that sometimes Ministers, who of course are ultimately responsible, must trim the officialese that is penned for them by others. The hon. Lady is her own best judge in these important matters, and I know she is perfectly capable of doing that herself.

Personal Injury Fraud

Caroline Dinenage Excerpts

Wednesday 18th November 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

May I say what a delight it is to serve under your chairmanship, Mr Wilson? I add my praise to that already heaped on my hon. Friend the Member for Lincoln (Karl MᶜCartney) for securing this important debate on personal injury fraud and its impact on individuals and motor insurance premiums. He has been a dedicated and tenacious campaigner on this important issue.

I will state at the beginning that I am not the Minister with responsibility for this matter in the Ministry of Justice. That honour falls to my colleague, Lord Faulks. I will of course make sure that all the points made today that I am unable to cover are responded to by my noble and learned Friend, and that he is well aware of all the suggestions made by hon. Members from across the House.

My hon. Friend the Member for Lincoln has a number of concerns about personal injury fraud and nuisance calls in particular, which both he and my hon. Friend the Member for Croydon South (Chris Philp) mentioned. Those pernicious calls cause annoyance and distress to many people, particularly the elderly and vulnerable. I will address that in due course. First, I would like to say a few words about some of the measures and initiatives introduced by this and the previous coalition Government.

We have been, and continue to be, committed to tackling the problems in this market. There have been some real challenges for the Government in trying to put right the imbalances that have led to the disproportionate growth in personal injury claims. We know, as many Members have articulated, that reported road traffic accidents fell from approximately 190,000 in 2006 to about 140,000 in 2013, when the previous Government began to introduce their reforms. That is a reduction of more than 20%, yet at the same time the number of road traffic personal injury claims rose from about 520,000 in 2006 to 760,000 last year—an increase of about 50%. That is a clear indication, if one was needed, that there is a problem and that the Government should consider further reforms to combat this distasteful culture, which we believe is in part being driven by the constant barrage of phone calls and texts messages that my hon. Friend the Member for Croydon South so powerfully described.

The Government accept that many personal injury claims are genuine, but it is also clear that many speculative, exaggerated and fraudulent claims are being made. Sometimes it is difficult to tell the difference between the two, but it is not right that people who try to cheat the system should be allowed to get away with it and, as so many Members have said, thereby force up the price of motor insurance for honest, law-abiding motorists. There are considerable costs in dealing with such claims, which have a significant impact on the cost of premiums. According to the ABI, the annual cost to the industry from whiplash claims is £2 billion, which, as has been said, adds some £90 to the average motor insurance premium.

I will pause there and go back in time to set the scene. My hon. Friend the Member for Lincoln is a long-standing member of the Select Committee on Transport and he will be aware that just over five years have passed since Lord Justice Jackson published his review of the cost of civil litigation. That may seem quite a long time ago now, but the previous Government and this one have been busy ever since with a substantial programme of reform.

The Jackson reforms, introduced through the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, were a key achievement in addressing bad behaviours in the personal injury sector. The reforms introduced a ban on the referral fees that many lawyers, solicitors and claims management companies used to buy and sell claims. We agreed that the system of no win, no fee arrangements was not fit for purpose—that, in fact, it had the perverse effect of encouraging litigation—and so reformed the system to return balance to it, making sure that costs were no longer all heaped on defendants and that claimants had a financial stake in their claim. Our reforms were explicitly aimed at controlling costs and discouraging unmeritorious claims, while enabling genuine cases to be pursued, although of course at lower cost than before, which is why we also put in place measures to encourage earlier settlement.

Speculative and unnecessary whiplash claims are some of the most unmeritorious of all claims, as many Members mentioned. Following a Downing Street summit in February 2012, the Government committed to introducing reforms to tackle the number and cost of whiplash claims. In response to that commitment, the Ministry of Justice has worked with stakeholders to produce a wide-ranging set of reforms to introduce much-needed independence to, and improve the quality of, the medical evidence used in such cases.

[Andy Slaughter]

The Minister has mentioned the notorious insurers’ summit, when the Prime Minister invited the major insurance companies to 10 Downing Street, but no one representing the claimants’ side. Does she think that that might have been a mistake? Does she agree that the Government should listen to both claimants and defendants?

[Caroline Dinenage]

We can dwell on the past, but the hon. Gentleman is absolutely right that we need to listen to all sides in the argument. As the hon. Member for Strangford (Jim Shannon) pointed out, important steps have since been taken on medical reports. The first phase of the reforms included measures to reduce and fix the cost of initial whiplash medical reports at £180, to allow defendants to give their account to the expert for the first time, to discourage insurers from making pre-medical offers to settle, and to ban experts who write the medical reports from also treating the claimant.

[Andy Slaughter]

I am sorry to interrupt the Minister, but she is tempting me. She just mentioned third-party capture, but if the Government really want to stop it, why should it not be banned? I think she is about to mention MedCo. That has been a disaster, which is why we are having a full review only a few months after its introduction.

[Caroline Dinenage]

If the hon. Gentleman will hold his horses for just a moment, I will move on to some of those issues. MedCo has introduced a robust new accreditation scheme for medical experts, who need to attain accreditation by 2016 or they will be removed from the system. We hope that that will begin to take effect, but a further reform to control fraudulent claims at source was implemented on 1 June 2015, as he will know. Claimant lawyers were given access to insurance industry data and must now check the number of claims their potential client has made before accepting the claim.

The Government are particularly pleased that stakeholders put aside their differences to develop a consensus on sharing data and improving medical evidence. Such a consensus can only be positive for all involved and we look forward to continuing to work closely with stakeholders. The Government have also taken firm action to ban both lawyers and claims management companies from offering claimants inducements to bring frivolous claims. Although it is still early days in terms of monitoring the impact of the reforms, Government figures show that the number of whiplash claims has gone down by around 70,000 since 2011-12. That is a good start, but we remain concerned about the number of claims made and their impact on the cost of motor insurance premiums. Too many claims are still being brought inappropriately, often because people are encouraged and pressured to do so by unscrupulous lawyers or CMCs.

On 2 December 2014, the Chancellor of the Exchequer and the then Justice Secretary jointly announced a new insurance fraud taskforce. The taskforce will make recommendations to reduce all types of insurance fraud, to lower costs and to protect the interests of consumers. The Government are committed to tackling the perception that insurance fraud is a victimless crime. It is vital that people understand that making a fraudulent claim is not a legitimate way to make money. The taskforce is currently considering its recommendations, which the Government will consider carefully with a view to taking firm action.

My hon. Friend the Member for Lincoln mentioned the practice of “cash for crash”. The insurance fraud enforcement department is a City of London Police unit set up to tackle insurance fraud nationally. The £3 million annual cost of the unit is funded by ABI members through an industry-led compulsory levy. The unit is leading the fight against “cash for crash” gangs, and has caught and prosecuted many perpetrators of that distasteful scam over the past three years. It will continue in that work.

The Government have also been serious in our commitment to driving out bad practices by claims management companies, as is clearly demonstrated by the recent package of reforms to protect consumers who use the services of a CMC or who are subjected to its marketing practices. The reforms will also help organisations that are on the receiving end of high volumes of calls or fraudulent or unsubstantiated claims. The measures are transforming how the MOJ’s claims management regulation unit does its job. Members will be interested to hear that in the last year, 93 CMCs were investigated, 105 CMCs had their licences removed, 296 were issued warnings and 454 audits were conducted. Tackling fraud and unauthorised activity in the claims management industry has been, and will remain, a key priority for this Government.

The CMR unit works closely in partnership with both industry fraud bodies and the police to identify and deal with CMCs engaged in insurance fraud. That work has been instrumental in the successful prosecution of criminal organisations. My hon. Friend the Member for Lincoln rightly identified nuisance calls as a well known route for spurious claims farming. The CMR unit makes sure that CMCs offering claims services do so legally. That is why we introduced tough new rules in October last year to put in place a stronger requirement to make sure claims are properly substantiated before being pursued.

We also strengthened the CMR unit’s enforcement tools in December last year with a new power to impose fines on CMCs. So far, three companies have been fined more than £800,000 for unlawful unsolicited marketing and coercing clients into signing contracts before taking unauthorised payments. That sends the powerful message to unscrupulous fraudsters that the Government take this issue seriously and will take firm action against them.

The claims industry is a fast-moving market. Practices continue to evolve, and the Government will monitor the market and respond with further reforms, as necessary, to provide better protection for consumers and the public. The Government are also looking to build on the work of the CMR unit by undertaking a fundamental review to consider what powers and resources are required for a tougher CMC regulatory regime. The review is due to be completed in early 2016.

I will now answer the very useful six points raised by my hon. Friend the Member for Croydon South, as some of them will be included in that review. He talked about banning of outbound calling and the use of personal injury claims data gathered from those calls. We need to strike a balance between ensuring that consumers are adequately protected and ensuring that a direct marketing industry can continue, as—although this was not necessarily the case in his experience—it is a legitimate activity when done properly. We need to focus on the companies that are breaking the rules rather than penalise legitimate businesses, and to make sure that companies comply with the regulations. We have made it easier for the Financial Conduct Authority to take action against some of those companies, but we will continue to look at that, particularly in the light of what he has outlined today.

[Chris Philp]

I understand that the Government have taken action to regulate outbound calls more carefully. My fear is that that regulation unfortunately has not had the intended effect and that cases like mine are continuing to occur. I suggested an outright ban because I feel it is the only way that we will be able to stamp out a terrible practice that I myself directly experienced.

[Caroline Dinenage]

My hon. Friend is very persuasive, and I will definitely ensure his thoughts are passed on when the review is conducted.

My hon. Friend talked about criminal pursuit of anyone making fraudulent claims. That measure was introduced earlier this year in the Criminal Justice and Courts Act 2015, which requires the court to dismiss in its entirety any claim where the claimant has been fundamentally dishonest. That means dishonest claimants can now no longer receive a payout if they have been fundamentally dishonest, even if a small part of their claim is in fact genuine. Insurers then have the option of pursuing a criminal prosecution for fraud.

My hon. Friend said medical advice should be taken within a week of an accident. In 2004, the Government considered including such changes to the civil procedure rules to ensure that medical examinations and reports were completed before a claim was produced. We have introduced the rules I have spoken about to discourage such behaviour, but we will keep the matter under review and continue to work with key stakeholders. We need to look at how we can tackle the issue effectively.

My hon. Friend asked whether there should be an objective evidence base. The Government remain concerned about the number of claims made and have done much in that area, but we accept that more can be done. We are open to any suggestions put forward by interested stakeholders and will consider all the points he has raised.

Finally, my hon. Friend talked about the 12-month claim limit and the no win, no fee limit of £6,000. We understand that both those issues will be considered by the insurance fraud taskforce, which will be reporting shortly. We look forward to seeing its recommendations and will respond accordingly.

[Andy Slaughter]

The Minister talked about a £6,000 limit. If she is talking about the possible £5,000 limit for small claims in PI cases, the Government have already looked at that two or three times. They have had very strong advice, including from the Transport Committee, that that is not the way to go. Is she saying that that matter is going to be revived?

[Caroline Dinenage]

As I say, the taskforce has been set up to look at all the issues, and I believe it may be considering that limit, but I will write to the hon. Gentleman with clarification if that is not correct.

The Chancellor announced proposals in the July Budget to introduce a cap on the charges that CMCs can apply to consumers. We are looking in particular at restricting bulk PPI claims to more proportionate levels and will consult on how that will work in practice later this year. A cap on charges will, we believe, help to reduce incentives for CMCs to collect marketing leads, resulting in a reduction in the number of speculative calls made.

I would like to draw Members’ attention briefly to other measures taken by the Government to tackle the issue of nuisance calls. In March 2014, the Government launched an action plan to tackle the problem, asking the consumer organisation Which? to lead a taskforce on consent and lead generation in the direct marketing industry. The taskforce made a number of recommendations, including giving the Information Commissioner’s Office powers to hold to account senior executives who fail to comply with the rules on marketing. The Government are currently considering those recommendations.

The Government have made it clear that it must be easier for the ICO to take action. The ICO no longer has to prove substantial damage or substantial distress caused by a company before action can be taken. Since 2011, it has had the power to issue penalty notices of up to £500,000, and in September 2015 it issued a penalty of £200,000 against a company that made more than 6 million automated calls to consumers—the highest penalty ever issued for nuisance calls. The ICO has also issued a penalty of £75,000 against an organisation that claimed to offer a nuisance call blocking service but was instead making unsolicited live marketing calls to members of the public—the mind boggles. The ICO continues to take its enforcement responsibilities seriously and has 66 cases currently under investigation.

The Government are also exploring options to provide call-blocking devices to vulnerable customers, and we will consult shortly on legislation to require all direct marketing callers to identify themselves. That will enable consumers to determine who is calling and to report unwanted calls to the regulator. I ought to make it clear that the Government have not ruled out further reform to this market.

[Karl MᶜCartney]

Before my hon. Friend the Minister finishes her remarks, may I say that I welcome the courteous and informative comments she and everyone else who has taken part in the debate have made, including even my hon. Friend the Member for Newark (Robert Jenrick)? He does not to get to say anything in his role as Parliamentary Private Secretary, but it was good to see him here, providing very useful information.

The Minister mentioned that some of these companies are fined. Unfortunately, the directors behind the companies often have what are known as “phoenix companies” waiting in the wings. The Government need to take direct action on the individuals who are at fault for carrying out these pernicious acts with regard to cold calling. I make that plea as a final comment in this debate.

[Caroline Dinenage]

That is a valid point. These individuals need to be named and shamed for what they are and, indeed, what they are doing; my hon. Friend is absolutely right.

We have not ruled out further reforms to this market. I hope I have reassured hon. Members today that the Government take this subject very seriously. We remain committed to continuing the reform process to the benefit of all and we want to work with all stakeholders to achieve that.

Question put and agreed to.

Resolved,

That this House has considered personal injury fraud.

Oral Answers to Questions

Caroline Dinenage Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Mike Freer (Finchley and Golders Green) (Con)]

3. If he will take steps to ensure that coroners provide an out-of-hours service for faith communities.

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

The Government are committed to ensuring that bereaved people are at the heart of the coroner system, and we are working with coroners, local authorities and the police to develop a pan-London out-of-hours service. On 15 October we launched a post-implementation review of the coroner reforms of 2013, including views on the availability of out-of-hours services.

[Mike Freer]

I am grateful to my hon. Friend for that answer, but may I press her specifically on Orthodox Jews and Orthodox Muslims, who require a speedy service and a speedy burial? Will she commit to giving strict guidance to coroners that they should turn around such decisions so that those burials can take place very quickly?

[Caroline Dinenage]

Coroners understand and should be sensitive to the fact that some faiths have religious and cultural wishes for burials after death. They should always try to take those wishes into account. In May 2014, the Chief Coroner issued guidance to coroners on their legal duties to deal with urgent matters out of hours. As I have mentioned, we are working with key partners to develop an out-of-hours service in London.

[Dr Tania Mathias (Twickenham) (Con)]

There are serious concerns about the coroners service that affect faith communities in west London in-hours, let alone out of hours. Will the Minister see what her Department can do to address those concerns?

[Caroline Dinenage]

We have been working on that. The Secretary of State and I have met representatives from the Jewish and Muslim communities and are very sympathetic to their concerns. We are working with key stakeholders to develop an out-of-hours service across London.

[Seema Kennedy (South Ribble) (Con)]

4. What plans he has to encourage more businesses to employ ex-offenders.

--- Later in debate ---

[Judith Cummins (Bradford South) (Lab)]

14. What assessment he has made of the effect of changes to civil legal aid on access to justice; and if he will make a statement.

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

Civil legal aid reform has delivered important and necessary savings while protecting access to justice. Legal aid remains available for the most serious cases, including cases in which life or liberty is at stake, there is a risk of serious physical harm, or children may be removed from their families.

[Debbie Abrahams]

The Government rejected the Work and Pensions Committee’s recommendation that an independent body should be set up to investigate the deaths of social security claimants, saying that their relatives could seek redress through the courts. Given that the same Government have cut access to legal advice or representation on social security by 80%, how exactly are they meant to do that?

[Caroline Dinenage]

The hon. Lady will understand that I cannot go into details of such cases for reasons of confidentiality, but I will say that there are no easy choices when we are dealing with the deficit that we inherited from the Labour party. However, we recognise that legal aid is a vital element of any fair justice system, and ours is still one of the most generous legal aid systems in the world, on which we spend more than £1.6 billion a year.

[Judith Cummins]

The Minister talks about the scandal of our two-nation justice system, but under this Government many hundreds of thousands of ordinary people no longer have access to legal advice or representation. Other than asking lawyers to do more work for free, what does the Minister plan to do about that?

[Caroline Dinenage]

As I have said, we are already spending more than £1.6 billion a year on legal aid, and ours is still one of the most generous systems in the world. We have committed ourselves to a review of the reforms within three to five years of their implementation, and we have acted swiftly to address issues as they have come to light. For example, we have invested an extra £2 million in assistance for litigants in person.

[Caroline Flint (Don Valley) (Lab)]

16. If he will review the criteria used to determine whether prisoners with a history of violence are placed in open resettlement establishments.

--- Later in debate ---

[Toby Perkins (Chesterfield) (Lab)]

The needs of female offenders are different from those of male offenders in the Probation Service. That has been established across three Prison Reform Trust reports. When the call for evidence of Her Majesty’s Inspectorate of Probation finally reports, will the Government finally allocate the resources required to ensure that we reduce reoffending among women prisoners?

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

The transforming rehabilitation changes have been about trying to stop reoffending. The fact that they are now kicking in for people who have been in prison for less than a year, which covers more than 70% of the female prison estate, is key. Transforming rehabilitation is about what works, but I am keeping up a constant dialogue with the community rehabilitation companies to ensure that what works includes a very special provision for women offenders.

Maternity Discrimination

Caroline Dinenage Excerpts

Tuesday 3rd November 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

It is a great pleasure to serve under your chairmanship, Mr Bailey. I also congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing this important debate. Let me be absolutely clear from the outset that pregnancy and maternity discrimination, whether at work or when seeking access to services, is unlawful and completely unacceptable. We have all been shocked by some of the experiences highlighted in the joint Government and EHRC interim research report on this problem in the workplace and by the stories we have heard via the blog and, indeed, today such as the story of Aisha, which was raised by the hon. Member for Lancaster and Fleetwood (Cat Smith). Those stories reflect badly on the employers concerned.

When the interim report was published in July, I was horrified that one in eight women reported that they felt that they had to leave work as a result of their pregnancy or maternity leave. It is clear that far too many women feel that they face unacceptable treatment in the workplace, causing additional stress and difficulties at what, as the hon. Member for Glasgow Central (Alison Thewliss) quite rightly said, should be an exciting and happy time for their family.

The Chairman of the Women and Equalities Committee, my right hon. Friend the Member for Basingstoke (Mrs Miller), rightly said that it is not difficult for employers to understand, implement or comply with the legislation. The report shows that most mothers feel supported by their employer—four in five mothers said that their employer supported them during pregnancy, and three in four of those returning to work said that their needs as a new mother were met. It is encouraging that, despite the bad stories, most employers, such as the hon. Member for Strangford (Jim Shannon), embrace their legal and moral duties to their employees. It is good news that most women have a positive experience during and after pregnancy.

It is also important to recognise that the vast majority of employers believe it is important to support pregnant women and those on maternity leave. More than four in five employers feel it is in the interest of their business to do so, and of course it is. Although it is reassuring that the vast majority of employers recognise the important contribution made to their organisation both by pregnant women and by mothers returning from maternity leave, it is still nowhere near the 100% that we want. So many mothers do not have a good experience, and we must do all we can to ensure that all employers see the benefits to their organisation of having a diverse workforce.

To address the problem effectively, we need to understand the causes and extent of pregnancy discrimination in our workplaces, which is why in 2014 the coalition Government commissioned an extensive research project into perceived pregnancy and maternity discrimination. It is the largest research project of its kind undertaken in Great Britain, and it is interviewing more than 3,000 employers and 3,000 employees. The final report, which will come out later this year, will tell us what issues women face, who is most at risk and which types of employers are most likely to receive complaints about discrimination. We will use that information to decide our next steps to ensure that both employers and mothers are aware of, and act on, their legal obligations and rights.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East is right to say that access to the correct advice is a key priority. In the meantime, the Government have ensured that support is available both to mothers and employers on their rights and responsibilities. The EHRC has produced guidance in the form of frequently asked questions to help employers to understand their legal obligations and to provide suggestions for good practice in managing pregnancy, maternity leave and return to work. The EHRC has also produced a toolkit for employers, with a stock of pre-prepared letters, checklists and ready-made policy templates to make administration as simple as possible.

More generally, some £49 million has been provided to the EHRC, ACAS and the Equality Advisory and Support Service as part of the Government’s commitment to support both employers and employees. The EASS helpline is available for those who may have a discrimination issue, often outside the workplace, such as women who feel that they have faced unlawful restrictions on breastfeeding in public. The helpline provides in-depth free advice and support, helping individuals to solve their problems informally, and covers England, Scotland and Wales. More than 80,000 individuals have been helped to date.

ACAS provides advice both to employers and employees on pregnancy and maternity discrimination, including specific guidance on breastfeeding at work. ACAS is also developing guidance and products in relation to gender pay reporting and the menopause. It has also published new guidance on equality and discrimination, equipping people with the knowledge and ability to take action to avoid discrimination and to respond to it if it occurs. Of course, we must not forget the excellent work of organisations such as Maternity Action and Working Families to support employers and women while pregnant and on maternity leave.

Employment tribunal fees were introduced to cut the burden on taxpayers and encourage parties to seek alternative ways to resolve their dispute. It is not right that hard-working taxpayers should pick up the entire bill of some £71 million for employment disputes and tribunals, but to protect the lowest paid workers, there is a system of fee remissions under which fees may be waived in part or in full for those who qualify.

We have also taken steps to divert people away from potentially acrimonious tribunal hearings where possible, which is important. Under the new early conciliation scheme, people must notify ACAS of their intention to lodge an employment tribunal claim, and they are then offered an opportunity to settle their workplace dispute without going to court. The scheme has already been used by more than 80,000 people in its first year, and 56% of complaints in the “suffered a detriment or unfair dismissal—pregnancy” category were settled through the ACAS early conciliation process. ACAS services are free of charge, making it a cheaper, quicker and less stressful option for all concerned.

On 11 June 2015, the Government announced the start of the post-implementation review of employment tribunal fees. The review is well under way and will be completed in due course. Among other things, the review will consider the impact of fees on particular groups, including women. The EHRC report will be taken into consideration. The review will broadly consider how successful the policy has been in achieving its original objectives, which will include, so far as possible, whether the fees have had any differential impact on people with protected characteristics and the types of cases they bring.

The hon. Gentleman also mentioned compliance and tribunal award payments, which are clearly unacceptable and are something that the Department for Business, Innovation and Skills is currently evaluating. We want everyone in our society to fulfil their potential, and we cannot afford to waste the talents of half our population. Addressing discrimination is only part of what we are doing to ensure that women are able to make the most of the opportunities available to them. Our ambition is to end the gender pay gap within a generation. There are now more women-led businesses than ever before, a record number of women in work, and the gender pay gap is at an all-time low. Do not take that as complacency; there is more to be done. That is why we will require large employers to publish information on the difference between men and women’s pay, and last week the Prime Minister announced that we will ensure that large employers regularly report on bonuses as part of that gender pay reporting.

[Angela Crawley]

I appreciate the Minister’s point about large employers, but the vast majority of people work for smaller companies with fewer than 250 employees. Has she considered that those people will be equally affected?

[Caroline Dinenage]

Yes, absolutely. I ran a small business for more than 20 years from the age of 19, and I think a culture change is required. We need to secure that change in large companies that can afford to do the gender reporting and can afford the posh websites on which to report it. We hope that will bring about a culture change that filters down, but we will keep it under review. Nothing is off the table.

The measures build on our support for working families. From September 2017, we will double the amount of free childcare to 30 hours a week for working parents of three and four-year-olds, which will be worth around £2,500 a year. Some 1.8 million families could also benefit from the new tax-free childcare scheme from 2017, which will be worth up to £2,000 a child. We will extend shared parental leave and pay to working grandparents. The policy, when implemented in 2018, will support working parents with the cost of childcare and help the 2 million grandparents who have given up work, reduced their hours or taken time off to help with childcare. That is in addition to the families who are already benefiting from shared parental leave, which was introduced earlier this year. We need time to assess the impact of shared parental leave, which will of course be reviewed in due course. We need a cultural change so that the chaps understand that they have an equal responsibility for childcare. We will also introduce a national living wage.

The Government are committed to ensuring that everyone, regardless of their gender, ethnicity, age or background, is able to fulfil their potential, which is why we are determined to address pregnancy and maternity discrimination, wherever it may arise. This issue affects us all. It is not only utterly reprehensible that women feel they have experienced discrimination in the workplace, but it represents an unacceptable loss to our country’s productivity. Valuable employees are being misused. I was interested to see the digital debate on Twitter yesterday, using #MothersWork. Many useful points were raised in that debate, as well as in today’s debate, and they will all be taken into consideration. I am more than happy to meet Maternity Action, and I am pleased to see so many colleagues from both sides of the House agree that maternity discrimination is an important issue. I look forward to reading the final report.

Coroner Reforms

Caroline Dinenage Excerpts

Thursday 15th October 2015 Written Statements

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

The Government are committed to making sure bereaved people are at the very heart of the coroner system.

I am therefore pleased to announce the launch of a post-implementation review of the coroner reforms in the Coroners and Justice Act 2009 (‘the 2009 Act’), which will include a call for evidence into people’s experiences of coroner services.

Before the last Government implemented the 2009 Act’s coroner reforms, in July 2013, it undertook to review their impact after they had been in place for 18 months.

Since assuming responsibility for coroner policy and legislation following the general election I have considered the appropriateness of this Government carrying out such a review.

The reforms have now been in place for just over two years and I believe that this is a good period of time against which to assess the impact of the reforms and seek views on people’s experiences of the system

The Government are keen to hear the views of:

The providers of local coroner services—coroners, their officers and other staff, and the local authorities that fund coroner services;

those who have used coroner services under the 2009 Act—bereaved people and the voluntary organisations, including faith groups, who support them;

others who interact with coroner services—such as pathologists, other doctors and registrars; and

others who have been affected by and have experiences of coroner services under the 2009 Act.

We will seek views for eight weeks, starting today. After that we will consider the responses we have received and publish a post-implementation review report. Any proposed action arising from the findings of the review will be announced at that time.

The review is available at: https://consult.justice.gov.uk.

[HCWS243]

Burton Magistrates Court

Caroline Dinenage Excerpts

Tuesday 13th October 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

It is a great pleasure to serve under your chairmanship, Sir David. I congratulate my hon. Friend the Member for Burton (Andrew Griffiths) on securing this important debate. I will ensure that his kind words about my colleague, the Minister for the Courts and Legal Aid, are passed on. He has asked me to emphasise again today that the consultation is genuine and that although it has now closed, no decision will be made until the responses to it have been carefully considered.

In the meantime, I very much welcome the opportunity to explore this important issue. I commend my hon. Friend on the diligent way in which he has represented the interests of his constituents in this matter. I understand many of his concerns about the proposal and the accuracy of the published document, and appreciate the hard work he has put into the matter. I know that he has corresponded with my ministerial colleagues and I assure him that where corrections are required, they will be made in the response document. We will of course consider all the points he has made today, alongside those he has already made, and all the other responses we have received, when we make a decision about the future of the court.

I would like to address directly a couple of issues, including the accuracy of the consultation document regarding courtroom four’s size and suitability for hearings. The courtroom is of a modest size, but it is suitable for a variety of judicial work and has been used for hearings in the past year. That it has not been used more often is more a reflection of the low workload at Burton magistrates court. Although courtroom three is larger than courtroom four, it is also used irregularly due to the low workload.

My hon. Friend raised the issue of access to justice for his constituents with particular reference to travel time. I agree that this is really important, but we would expect Burton court users’ cases to be heard at Derby, a journey time of 45 minutes by bus. However, we will analyse any information we receive relating to travel times in the consultation and ensure that the response reflects that analysis.

[Andrew Griffiths]

I am sorry that the Minister’s officials are again giving her the wrong information. Her proposal says that my cases will go three ways: to Cannock, to Newcastle-under-Lyme and to Derby. Two thirds of cases will not go to Derby.

[Caroline Dinenage]

I am sure that everything my hon. Friend says will be taken into consideration. We know that the world outside the courts is changing rapidly. We expect to be able to transact all our business online, quickly and efficiently, and at a time that suits. Justice must be accessible, with court users able to transact their court business efficiently at a time that suits them. We have a great opportunity to invest in our courts and to modernise them to meet the challenges of present and future requirements of court users and improve delivery.

In the consultation, we asked for suggestions about providing court services from an alternative local building and all those will be fully evaluated. We also want to change the way in which the public can access the courts. That does not have to take place by attending a conventional court building so we are exploring whether there are opportunities to hold hearings in local buildings. In addition, we have welcomed views on whether to establish video conferencing facilities and whether that would improve access to justice for victims, witnesses and court users. The proposals on the court estate in England and Wales must also be considered in the wider context of our ambitious plans to transform the way in which courts and tribunals operate and deliver services to the public.

As the Justice Secretary has said, reform of Her Majesty’s Courts and Tribunals Service offers a once-in-a-generation opportunity to create a modern, user-focused and efficient service. Many people encounter our justice system when they are at their most vulnerable, be they victim or witness. We must make better use of technology to provide easier access and a more responsive system with swifter processes and a more proportionate service.

As we know, front-line staff in the courts work very hard to provide a high quality service, but they often work against a backdrop of poor infrastructure and IT systems that are often inefficient, disjointed and based on old technology. We must respect the traditions of our court system, but recognise that court attendance is time consuming and often an inefficient process for everyone involved. A more proportionate approach to court attendance would eliminate wasted time and enhance confidence in the administration of justice. We have a duty to offer more convenient and less intimidating ways for citizens to interact with the justice system, which is what we intend to do while maintaining the authority of the court for serious cases.

We need to invest to deliver those improvements and we will do so with care to ensure that taxpayers are funding investment in a sustainable and efficient system. My hon. Friend knows as well as I do that the Government are facing tough decisions about how we spend limited public funds and we do not shy away from making these tough decisions, but the programme of reform on which the courts and tribunals are embarking is a remarkable opportunity to transform essential public services. It will result in delivery of quicker and fairer access to justice and a courts and tribunals system that better reflects the way the public access and use services today. It is important that we make the right decisions about investment and operate from a court estate that is sustainable and represents value for money.

As my hon. Friend said, the consultation has now closed and we will analyse the responses. He referred to the 2,000 signatures that have been collected in the local area and they will be taken into consideration. The Minister for the Courts and Legal Aid and the Lord Chancellor will consider all the difficult decisions about whether a court should close. As they do so, they will consider all the responses and the points that my hon. Friend has made in the debate today.

Question put and agreed to.

Resolved,

That this House has considered the proposed closure of Burton Magistrates’ Court.

Inquests into Deaths of Service Personnel Overseas

Caroline Dinenage Excerpts

Thursday 10th September 2015 Written Statements

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

My hon. Friend, the Minister for Defence Personnel and Veterans, and I now present the latest of our joint statements on the progress of coroner investigations into the deaths of UK service personnel on active service overseas. We wish to express the Government’s and the nation’s continued deep sense of gratitude to the brave members of the armed forces who have served on our behalf. We particularly acknowledge the sacrifice of those who have given their lives in this service and the loved ones they have left behind.

This statement provides details on the progress of investigations conducted by the senior coroners for Oxfordshire, for Wiltshire and Swindon and for other coroner areas in England and Wales as at 26 August 2015.

There is also additional information to supplement this statement in tables which have been placed in the Libraries of both Houses and which give details of all cases, including whether there has been or will be a service inquiry—formerly known as a board of inquiry.

The defence inquests unit of the Ministry of Defence continues to work with coroners—including the specially trained cadre of coroners—to make sure that investigations are thorough and that inquests are timely and effective. Section 12 of the Coroners and Justice Act 2009 now allows investigations to be held in Scotland, where appropriate.

We offer our sincere thanks to those who support and assist bereaved families; to coroners and their staff who conduct thorough investigations with such families at their heart; and to the Chief Coroner who provides leadership and oversight of the coroner service.

Our two departments have provided funding for the additional resources required by the coroners in Oxfordshire and Wiltshire and Swindon since 2007 as service personnel who have lost their lives overseas have been repatriated to RAF Lyneham in Wiltshire and RAF Brize Norton in Oxfordshire. This has enabled the coroners to conduct investigations into these deaths while still dealing with their local case load.

Current status of inquests

No further inquests have been concluded into deaths of service personnel on operations in Iraq or Afghanistan since our last statement on 4 June. Therefore the total number of inquests into the deaths of service personnel who have died on active service in Iraq or Afghanistan, or who have died in the UK of injuries sustained on active service remains at 624. Three deaths of injured service personnel did not lead to a formal inquest although two of these were taken into consideration at inquests into other deaths which occurred in the same incidents. The third death was of a serviceman in Scotland who made a partial recovery but later died from his injuries, and a fatal accident inquiry was not held.

Coroners’ investigations which remain open

As at 26 August, there remain seven open coroner investigations into the deaths of service personnel in Afghanistan. Five of these relate to the Lynx helicopter crash on 26 April 2014 and have been retained by the senior Oxfordshire coroner. A pre-inquest hearing for this case is scheduled for 24 November 2015 with an inquest scheduled for 7 to 18 March 2016. The other two outstanding investigations, into the death of Lance Corporal James Brynin on 13 October 2013 and Sapper Adam Moralee on 5 March 2014 are being conducted by the senior coroners for West Sussex and for Gateshead and South Tyneside whose courts are closer to the next of kin. A pre-inquest hearing date of 2 October 2015 has been confirmed for Lance Corporal Brynin. Hearing dates have not yet been listed for Sapper Moralee.

An investigation is also open into the death of Private Jamie Sawyer who died while serving on the UN peace- keeping mission in Cyprus. This investigation is being conducted by HM senior coroner for Birmingham and an inquest has been scheduled for 1 to 2 December 2015.

We will continue to inform the House of progress.

A table detailing inquests into service deaths can be viewed online at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2015-09-10/HCWS184/

[HCWS184]

Oral Answers to Questions

Caroline Dinenage Excerpts

Tuesday 8th September 2015 Commons Chamber

[Natalie McGarry (Glasgow East) (SNP)]

4. If he will undertake a review of employment tribunal fees.

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

On 11 June we announced the start of the post-implementation review of the introduction of fees in employment tribunals. The review will consider how successful the policy has been in achieving its objectives.

[Natalie McGarry]

It is clear that employment tribunal fees have acted as a significant barrier to justice, especially for women. Between April and June 2013 and April and June 2014 the number of sex discrimination-related employment tribunal claims fell by a staggering 91%. Does the Minister expect the figures for April and June 2015, which are due out this month, to show that women are continuing to be denied access to justice by employment tribunal fees?

[Caroline Dinenage]

Of course, we cannot pre-empt the review’s findings; we will look at the figures in due course. I gently say to the hon. Lady that although we need a scheme that does not deter people from making legitimate claims, we must take what steps we can to divert people from potentially acrimonious hearings, which is why I am very pleased that ACAS’s new early conciliation scheme has already been used by over 80,000 people in its first year.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

Does my hon. Friend agree that the more than 75% reduction in employment claims since fees were introduced shows how this Government are standing up for small business that have become exasperated by being repeatedly dragged through the tribunals, sometimes for no cause other than that the process was free for the claimant?

[Caroline Dinenage]

My hon. Friend makes an excellent point, and I very much agree. Fewer people are making tribunal claims. It is only fair that those who can afford to make some contribution to the cost of the service they receive should do so. It cannot be right that hard-working taxpayers should pick up the entire bill of around £71 million for employment disputes in tribunals.

[Marie Rimmer (St Helens South and Whiston) (Lab)]

16 . Justice is a cornerstone of democracy, and access to justice is therefore critical. There are serious concerns about the Ministry of Justice’s proposals to close St Helens county and magistrates court. The practical impact on travel would be very serious. The travel times within the consultation—

--- Later in debate ---

[Wayne David (Caerphilly) (Lab)]

The Secretary of State has said of tribunal fees that

“there is no evidence yet that the bar being set at a high level has meant that…claims…aren’t being heard.”

If the review produces such evidence—as I believe it will, if properly conducted—will the Minister give a cast-iron commitment to abolish the fees system?

[Caroline Dinenage]

I cannot of course pre-empt any of the findings of the review. We will be making recommendations at the end of the year and, in the meantime, we will be very happy to receive all Members’ views.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

5. What steps he is taking to reduce reoffending.

Chief Coroner's Annual Report

Caroline Dinenage Excerpts

Thursday 16th July 2015 Written Statements

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

I am pleased to lay and publish the Chief Coroner’s second annual report to the Lord Chancellor, under section 36 of the Coroners and Justice Act 2009 (“the 2009 Act”).

The report covers the Chief Coroner’s work in 2014 and the first half of 2015 and is his second annual summary of the operation of coroner services following the 2009 Act’s reforms which went live on 25 July 2013.

In particular the Chief Coroner’s report sets out:

His work to promote consistency in the resourcing of and practices in coroner offices across England and Wales;



The training and guidance he has facilitated for coroners and their officers, supported by stakeholder events for local authorities and bereavement support organisations;



His plans for the coming year to improve services further.



His Honour Judge Thornton QC has continued to develop the excellent work set out in his first annual report as Chief Coroner, which was published a year ago.

I am very grateful to Judge Thornton for building on his first year’s achievements so effectively. I am grateful too, to coroners and their officers and other staff, for having supported the Chief Coroner to improve services for bereaved people.

I look forward to working with the Chief Coroner in the coming year.

Copies of the report will be available in the Vote Office and in the Printed Paper Office. The document will also be available online at: https://www.gov.uk/government/publications/chief-coroners-annual-report-2014-to-2015

[HCWS137]