Insurance Companies: Child Abuse Inquiries

Caroline Dinenage Excerpts

Thursday 16th July 2015 Commons Chamber

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

I congratulate the right hon. Member for Cynon Valley (Ann Clwyd) on securing this important debate. She has been absolutely tireless in her efforts to expose the barriers to justice for children who were abused while in the care of the state. She speaks today with as much passion as ever about this tragic issue, and I commend her for bringing it to our attention once again.

Child sexual abuse is of course a despicable crime that this Government are absolutely determined to eradicate. It is a fundamental right of children and young people that they should be protected from such abuse.

The right hon. Lady spoke very eloquently about her concerns that local authority inquiries into abuse in care homes in the former county of Clwyd and other areas of the country have been barred from publication so as not to jeopardise councils’ insurance cover. She is absolutely right that that is completely unacceptable. I wholeheartedly agree with her that it is terrible if inquiries do not see the light of day. That is true whether these are relating to child abuse or failings in any other institution. Not only is it a completely unacceptable waste of money and resources for an inquiry to be carried out and not published, but, much more importantly, it is unforgivable if the failure to publish an inquiry means that we do not learn the lessons from the atrocities of the past and that more children suffer in the future. In my response, I hope to be able to demonstrate that the Government have addressed her concerns, and that we are learning from the past to make sure that children are protected both now and in the future.

I fully understand the right hon. Lady’s disappointment that the then Government failed to take forward recommendations in the Law Commission’s 2004 report. That report followed recommendations from the Waterhouse inquiry into child abuse in north Wales children’s homes. She outlined a lot of what the Law Commission said. As she pointed out, although its recommendation was accepted when it was presented to Parliament, it was never implemented. However, there have since been a number of changes, in both the insurance industry and the statutory framework for inquiries, which I will outline.

I fully appreciate the right hon. Lady’s view that it is not appropriate for insurers to influence the terms of reference, the processes or the outcomes of inquiries that local authorities commission; nor is it appropriate for them to influence the content or publication of the final reports. As I understand it, that is also the view of the Association of British Insurers.

I understand that many standard insurance contracts across a range of product lines contain a clause requiring the insured not to admit liability or to settle a claim until the insurer has provided written permission. One of the reasons for that is to ensure sufficient time to establish the facts in an individual claim properly.

I have checked the position with my counterparts at the Treasury. Their view is that, at present, there is no indication that any insurer has broken any regulatory rules. That said, the Government are determined that financial services firms be subject to appropriate regulation. The Financial Conduct Authority regulates the insurance industry in the UK and sets the standards required of insurance firms in relation to their business. It also supervises the conduct of insurers and will take action against insurers that are found to be in breach of the FCA rules.

Furthermore, the Association of British Insurers has informed me that it is working with its members to create clear guidance and to make sure that an insurer’s role in these sensitive processes is very clearly understood. The insurance industry recognises the sensitivities of such child abuse inquiries for the survivors of abuse, as well as their importance in investigating what went wrong and what lessons can be learned.

As well as better regulation of the insurance industry since the right hon. Lady first became involved with these issues, the whole statutory framework for inquiries has changed beyond recognition both in local government and in central Government inquiries. She asked for clarification about whether previous redacted reports would be available to the new inquiries. As they were statutory inquiries, the reports will indeed be available.

The Secretary of State for Communities and Local Government has the power to direct a local inquiry to be held into the way that a local authority has carried out its functions if he is satisfied that an authority has failed to comply with its duties. In such local inquiries, witnesses can be compelled to attend and give evidence on oath. In central Government, we now have the Inquiries Act 2005, which repealed the Tribunals of Inquiry (Evidence) Act 1921, under which the Waterhouse inquiry was originally set up. The 2005 Act provides a much more solid statutory framework for inquiries, to make them swifter, more transparent, less costly, and more effective at finding facts and making practical recommendations. It also aims to restore public confidence in inquiries, particularly given the concerns following previous inquiries such as that into Bloody Sunday. It clearly sets out the respective roles of inquiry chairs and Ministers, and it stipulates that proceedings should be in public unless there are good reasons to restrict public access.

Nowadays, public inquiries rightly expect to receive full and frank co-operation from all parties. They regularly take steps to ensure that the evidence gathering process, and subsequent recommendations, are free from undue influence and retain public confidence. Public inquiries are a vital means of holding public bodies to account and providing answers to some of the most troubling events, and nowhere is that more necessary than in relation to child sexual abuse.

The Home Secretary’s independent inquiry into historical child sexual abuse will investigate whether, and to what extent, public bodies and non-state institutions have taken seriously their duty to protect children in England and Wales. The inquiry will challenge institutions and individuals, without fear or favour, to get to the truth. It has been established under the Inquiries Act 2005 and so can compel witnesses and call for evidence. There are no time limits on what the inquiry can consider—it is free to consider evidence from any point in the past without restrictions.

The Government very much welcome the fact that Justice Lowell Goddard—a highly experienced and respected High Court judge from New Zealand—is leading this inquiry. Victims and survivors were instrumental in setting that up, and they will be at the centre of the inquiry’s work as it moves forward. We want nothing to stand in the way of the inquiry. This is a once-in-a-generation opportunity to get to the truth, expose what has gone wrong in the past and learn lessons for the future. In addition to the Goddard inquiry, in March 2015 the Prime Minister launched the “Tackling Child Sexual Exploitation” report. We are getting on with delivering the actions in that report.

As the right hon. Lady knows, Lady Justice Macur is carrying out a review into the scope of the Waterhouse inquiry and whether any specific allegations of child abuse falling within the terms of reference were not investigated. I know that the right hon. Lady has been interested in that review from the outset. Like the Goddard inquiry, that review is entirely independent of Government, and Lady Justice Macur made it clear from the outset that her review would be thorough and that she would draw no conclusions until she had considered all the evidence. We look forward to receiving that report in due course.

There have also been major changes in the way that children’s homes are run since the right hon. Lady first became involved in these issues. Children’s homes provide care for some of the most vulnerable, traumatised and challenging children and young people in the country. Many homes provide excellent care, but we want to make sure that all homes provide high-quality care that meets each child’s individual needs and enables them to live their life to the full and reach their full potential.

The legislative and regulatory framework around the regulation of children’s homes is very different today from how it was in the past. Changes over the past 12 years include a comprehensive programme of legislation that aims effectively to safeguard all children living away from home in residential and foster care. For example, all children’s homes and fostering services must now be regulated and inspected by Ofsted, and all people working in them must undergo enhanced disclosure checks. Last year, the Government reformed care planning and children’s homes regulations to improve the safety of children in residential care. That included strengthening safeguards when children are placed out of area, and when children go missing from care.

Earlier this year, the Government introduced new children’s homes regulations, which include quality standards that all children’s homes must meet for their children. One of those is the protection of children standard, which clearly sets out what staff must do to ensure that children are protected from harm and enabled to keep themselves safe—a lot of change, and all for the better.

The right hon. Lady highlighted a sensitive issue that goes to the heart of society, and society must surely be judged by the way that it looks after its children. The historical sexual abuse of those trusted to the care of children’s homes in north Wales and in foster care was truly shocking. More recently, we have seen the systemic and appalling abuse of children in Rotherham, Rochdale, Oxford and elsewhere, and we know that this crime affects communities up and down the country.

Sir Ronald Waterhouse’s report in 2000 led to the Law Commission report and recommendations, but nothing was really done about the issue. Today, there is a real will to tackle this stain on our society. Many of the issues that the right hon. Lady has highlighted are now being addressed by initiatives across Whitehall.

The right hon. Lady has worked utterly tirelessly on this issue and I give her every credit for doing so. I have every confidence that Justice Lowell Goddard’s inquiry into historic child sexual abuse will both allay her concerns about transparency and finally fully expose the truth behind the troubling events that she has been fighting to uncover for so many years.

Question put and agreed to.

Civil Justice Council and Family Justice Council

Caroline Dinenage Excerpts

Tuesday 14th July 2015 Written Statements

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

On 4 November 2013 the triennial review of the Civil Justice Council (CJC) and Family Justice Council (FJC) was announced in Parliament. I am pleased to announce the conclusion of the review and publication of the report today.

Stage one of the review concluded that both the CJC and FJC should continue to exist as an NDPB and that there is a continuing need for the functions of both councils.

Stage two reviewed the control and governance arrangements of the CJC and FJC in order to consider whether both bodies are complying with recognised principles of good corporate governance. This review has resulted in a small number of recommendations to drive greater transparency and encourage diversity in membership of the councils, particularly of the CJC.

The review was publicised on my Department’s website and stakeholders were invited to contribute through a call for evidence. A critical friends group ensured a robust approach to the review and provided comment and challenge on the conclusions. I am grateful to all who contributed to the triennial review. The final report has been placed in the Libraries of both Houses.

[HCWS104]

Cremation of Infants (England)

Caroline Dinenage Excerpts

Wednesday 8th July 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 Howarth. I begin by extending my thanks to my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski) for securing this debate and for the fantastic way in which he has championed his constituents on this important issue. I also express considerable thanks to all the Members here today, who have represented their constituents so heroically and sensitively.

The issue has been at the forefront of many people’s thoughts, including mine, since David Jenkins published his report into the historical practices at Emstrey crematorium on 1 June. I have been considering the report extremely carefully and am grateful to have this opportunity to discuss his findings further and to set out the next steps that the Government will take to ensure that the tragic events at Emstrey cannot happen again.

As my hon. Friend set out, last week I had a very helpful meeting with him, along with the bereaved parents who are members of the Action for Ashes group, which was set up by the families affected by the non-return of their infants’ ashes. It continues to support them and campaign for changes in the law. I am hugely grateful to those parents for travelling to London from all over the country to tell me of their experiences. Listening to them, I was struck by how palpable their pain remains and by the fact that the ashes of their babies were either not recovered or not returned to them, often for many years and in some cases for decades. The pain has not elapsed and not diminished, and the meeting will stay with me for many years to come.

Meeting those parents has strengthened my view that bereaved parents and other family members affected by the loss of an infant should never have to experience what those families have gone through. My meeting with the Action for Ashes group, my ministerial postbag and parliamentary questions from many Members from all parts of the House have shown that what happened at Emstrey was unfortunately not an isolated occurrence, as many Members have said today. We now know that other crematoriums either did not recover ashes or did not return them to parents. Whether there were no ashes following a cremation or the ashes were not given to parents, neither of those things is acceptable, and the pain of those parents is unimaginable.

[Sir Edward Garnier]

The Minister mentioned her ministerial postbag. Two of the letters in it came from me: one on behalf of the Jones family, whom I mentioned a moment ago, and another on behalf of Lisa Smith, whose daughter was cremated in the mid-1990s. Both those cremations took place at Gilroes crematorium in Leicester. Will she make a particular point of looking up those two letters so that she can reply to them as soon as possible? One of the parents of the Jones family met the Minister last week, but they would be most grateful for a personal letter from her, as would Ms Smith.

[Caroline Dinenage]

I will certainly do that as soon as I get back to the office. I will not spend too much time on the history, because it has already been outlined by a number of Members today. As the hon. Member for Lanark and Hamilton East (Angela Crawley) outlined, the Emstrey inquiry followed Lord Bonomy’s infant cremation commission in Scotland, which reported in June last year. It concluded that crematoriums in Scotland had not returned ashes to families. That report followed on from Dame Elish Angiolini’s report on the issue at Mortonhall crematorium in Edinburgh.

As we all know, David Jenkins’s report on infant cremations at Emstrey was published on 1 June this year. It established that between 1996 and 2012 the Emstrey crematorium did not obtain ashes to return to families after the cremation of a baby or stillborn child. As we all know, the report contains 12 recommendations, of which some of the important ones are: to introduce a statutory definition of ashes; to implement a national inspector for crematoriums; to make a single Government official responsible for all cremation policies; to ensure that there is one code of practice for crematoria; and to consider all 64 of Lord Bonomy’s recommendations. My hon. Friend the Member for Banbury (Victoria Prentis) also raised the need for training for crematorium staff and funeral directors. All those recommendations are important, and we will consider them carefully before responding, but I can say now that I am determined that any regulations, both existing and future, must be followed and applied uniformly in all crematoriums throughout the country.

I am aware that many bereaved parents think that there should be a national investigation into the non-return of ashes, and I appreciate families’ wish to know. It is deeply moving to have read about and heard at first hand the experiences of such families. The Emstrey report highlighted the fact that the crematorium did not recover ashes in 51 out of 53 cases over the 13 years. In my view, not only is 51 cases too high, but one would have been too many. We are focused on ensuring that no other parent has to suffer in that way. The Government’s role is to ensure that in future two things happen: first, that there are always ashes in infant cremations, and secondly, that they are returned to parents. That would be the case whether there were thousands of affected families or one. The painstaking and insightful inquiries into Emstrey crematorium have led to very helpful reports with many important recommendations.

I am heartened to hear that some parts of the cremation industry now appear to be taking infant cremations seriously, and to hear of examples of good practice in dealing with families. There is a lot to build on. My hon. Friend the Member for Shrewsbury and Atcham has already outlined the changes that Emstrey crematorium has made since 2011. Its ownership has changed and there have been changes to its machinery, and it is now working with Shropshire Council to review and progress the recommendations outlined in the report.

More generally, we need to ensure that the industry knows, in no uncertain terms, what good looks like, and that good practice must be installed across the country. I am aware that the Federation of Burial and Cremation Authorities felt that Lord Bonomy’s report, which came a year before the Emstrey report, had been a wake-up call for crematoriums. The FBCA and Institute of Cemetery and Crematorium Management codes of practice require crematoriums to recover ashes for families wherever possible. I also understand that crematoriums have been working with funeral directors to ensure good and consistent practice following both reports. The technology now allows for far more sophisticated cremation programmes for infants than 20 years ago, and such programmes increase the recovery of ashes after cremation.

We take very seriously the experiences of families who have encountered problems following the death of a loved one. They deserve services that are as sensitive as possible following a death. That is why I am encouraged that in the Budget earlier today, my right hon. Friend the Chancellor of the Exchequer announced a forthcoming review of crematorium facilities, cremation legislation and coroner services, to ensure that they are fit for purpose and sensitive to the needs of all users and faiths. That may not be the Budget commitment that makes the headlines, but it is very important to me.

The previous Government planned for the Ministry of Justice to amend its cremation regulations to dovetail with wider death certification reforms planned by the Department of Health. It was planned to make any changes regarding infant cremations at that time. That is not good enough for me. Bereaved families deserve better. I felt that when I first heard of the Emstrey report, and I feel it even more having met the families last week. I have been considering that timetable again in the light of the reports’ recommendations. In particular, I have been considering whether it will be possible to progress the work on infant cremations before the death certification reforms are implemented. As I indicated to the families I met last week, I believe we should act now. As I announced in my written ministerial statement this morning, it is my intention to consult on a number of changes to the Cremation (England and Wales) Regulations 2008 later this year. In answer to a couple of Members who asked when later this year, it will be as soon as possible, because I have absolutely no reason to delay.

My hon. Friend the Member for Shrewsbury and Atcham asked when the cremation legislation was last changed. It was changed in 2008, but we want to ensure that it does what it is intended to do, which is why we will consult on it. The hon. Member for Kingston upon Hull North (Diana Johnson) mentioned baby William from her constituency and the tragic events of 1994. That was before the implementation of the 2008 regulations. Now, parents, or another appropriate applicant, must sign an application form. Nevertheless, we will continue to look at all practices to ensure that they are being done properly. We will continue to work with the Department for Environment, Food and Rural Affairs, the Department of Health, the Department for Communities and Local Government, the Human Tissue Authority and the cremation industry stakeholders. We will consider all the report’s recommendations as part of our consultation.

I want to cover one final issue. I am aware of many cases in which parents have not received ashes even when ashes were recovered. The 2008 regulations say that after a cremation, the crematorium must give the ashes to the applicant or their nominee. If they do not want the ashes or have no nominee, the cremation authority must retain the ashes and either decently bury them or scatter them. But parents have told me that that has not been the case. Our consultation will consider further how the regulations can be improved.

I want to leave some time for my hon. Friend the Member for Shrewsbury and Atcham to sum up. I welcome both the publication of the Emstrey report and the important chance to debate it today. I look forward to announcing more details of the consultation in due course, as soon as possible. I will do whatever I can to make sure that I do not hear of grieving families suffering in the future as they have in the past. Specifically, I will do all I can to ensure that, in future, any parent who has already had to endure the unimaginable pain of suffering the loss of a baby does not have to suffer in order to be reunited with their child’s ashes.

Cremation Regulation

Caroline Dinenage Excerpts

Wednesday 8th July 2015 Written Statements

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

On 1 June 2015 David Jenkins published his report into the way infant cremations were carried out at Emstrey crematorium in Shropshire between 1996 and 2012. The report established that during this time the crematorium failed to obtain ashes to return to families after the cremation of a baby or stillborn child.

In addition, in Scotland in 2014 Lord Bonomy’s Infant Cremation Commission (ICC) reported that parents had in some cases been incorrectly told that there had been, or would be, no ashes from their infants’ cremations.

Scotland has already done much work in response to the ICC’s report. The Emstrey report, however, made several recommendations for Government. It also recommended that Government consider the ICC’s recommendations.

I am clear that bereaved parents should not have to experience the additional grief that those affected by the issues in Emstrey have faced. I am sadly aware of other bereaved families having had similar experiences elsewhere in England.

I am determined that the Government should do what they can to make sure that following a cremation infant ashes are returned to bereaved families.

We are considering the Emstrey and ICC recommendations in depth and will consult on proposals for a number of changes to the relevant legislation, the Cremation (England and Wales) Regulations 2008, later this year.

[HCWS88]

Oral Answers to Questions

Caroline Dinenage Excerpts

Tuesday 23rd June 2015 Commons Chamber

[Mr Henry Bellingham (North West Norfolk) (Con)]

7. How many days of sickness absence there were in his Department in (a) 2012, (b) 2013 and (c) 2014; and if he will make a statement.

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

The average number of days lost to sickness absence in the Ministry of Justice was 9.8 in 2012 and 2013, and 10.2 in 2014. The Department is committed to supporting the health and wellbeing of its employees and reducing sickness absence.

[Mr Bellingham]

Obviously, those are disappointing figures. Is the Minister aware that last year’s figures were twice as bad as those in the Foreign and Commonwealth Office, and four times as bad as those in the Department for International Development? What will she, the Secretary of State and other Ministers do to improve morale and sort out this very disappointing situation?

[Caroline Dinenage]

A large proportion of Ministry of Justice roles involve front-line prison staff, whose working environment is, of course, more physically rigorous than those of staff with office-based roles. It is important to note that other Departments’ sickness numbers do not include front-line roles such as those of soldiers, police officers and, indeed, nurses. When we take into account only civil servants who are employed in Whitehall, we see that Ministry of Justice staff actually take fewer sick days than those in other Departments.

[Fiona Mactaggart (Slough) (Lab)]

But that suggests that it is prison officers who have been the victim of assaults by prisoners, for example, who are taking sickness absence. What is this year’s rate of assaults on prison officers, and what is the Department doing to reduce it?

[Caroline Dinenage]

Of course the Department takes any assault on a prison officer incredibly seriously. It is essential that prison officers feel that the full weight of the state is behind them as they fulfil their duties. When there are serious assaults on prison staff, the perpetrators will be prosecuted unless there is an extremely good reason for not doing so.

[Richard Arkless (Dumfries and Galloway) (SNP)]

Given those figures, it might be pertinent to ask whether the Minister’s Department is a living wage employer.

[Caroline Dinenage]

We certainly are, as far as I understand it, and I am looking at that moving forward.

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[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

12. What recent discussions he has had on the treatment of people with mental health issues in the criminal justice system.

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

Addressing the individual mental health needs of offenders and ensuring continuity of service from the community into custody are essential to wellbeing and rehabilitation. We work closely with the Department of Health and with the Welsh Government, who have responsibility for the commissioning of health services, in order to address this important issue.

[Mrs Gillan]

May I welcome the Minister to her position? Autism is a lifelong developmental disability, which often mistakenly gets classified under mental health issues, especially in the criminal justice system where too many people do not get the help they need. I am heartened that many prisoners are now seeking accreditation from the National Autistic Society for the skills and the support required for people with autism, but we need better understanding in our courts and in the Crown Prosecution Service. Will the Minister update me on the long-awaited aide-mémoire and support material for the CPS prosecutors that the Department was going to produce after the Think Autism adult strategy was published?

[Caroline Dinenage]

I thank my right hon. Friend for her very kind welcome. I would like to praise her for her ongoing commitment to this really important issue, particularly her work steering the Autism Act 2009 on to the statute book. We are clear that we need a system that ensures that the most vulnerable have access to the right support and help. That is why we are putting in place a programme of reforms to improve the experience of vulnerable victims and witnesses in court, as well as enhanced protection outside.

[Chris Evans (Islwyn) (Lab/Co-op)]

I welcome both the Minister and the Lord Chancellor to their places. In November 2014, Argoed, a close-knit community in my constituency, was rocked by the horrific murder of Cerys Yemm. She was killed by a prisoner who had just been released and sent to stay in a bed and breakfast. Neither the council nor the landlady was told of his mental health issues. He could not get hold of the mental health medication he needed, the result of which was this unfortunate incident. His mother says that he was in and out of the criminal justice system all his life. He would go into a hostel, and then back to prison when he committed another crime. I thank the Lord Chancellor for agreeing to meet me to discuss this case. Will the Department now launch an urgent investigation into how we monitor the mental health of former prisoners?

[Caroline Dinenage]

It is really important that we carefully monitor how mental health is regarded from within the community into the prison system and then back out into the community again. I know that the Secretary of State and the prisons Minister have agreed to meet the hon. Gentleman and I am sure that they will listen carefully to everything that he has to say.

[James Morris (Halesowen and Rowley Regis) (Con)]

Further to that question, does the Minister agree that when somebody has had a psychiatric assessment in prison, the information about their condition should be shared with all services, including social services and the police, when they leave prison? That would ensure that we had continuity of information about their condition so that when they came back into society we were clear about what we needed to do with them.

[Caroline Dinenage]

Yes, in the community, community rehabilitation companies and the National Probation Service are required to ensure that offenders comply with court-ordered treatment services. Probation services also supply offenders with access to mainstream mental health treatment by referring as appropriate.

[Peter Dowd (Bootle) (Lab)]

To protect and ensure sufficient access for people with mental health problems, the Justice Committee urged the Government in 2011—reaffirmed in a 2015 report—to carry out research into the geographical distribution of legal aid providers to avoid irreparable loss of capacity. What progress has been made on that recommendation?

[Caroline Dinenage]

I am happy to write to the hon. Gentleman with the exact details, but NHS England has developed national specifications for health and justice services. All prisons now have clear commissioning models, and that works as people leave prison and move into the community rehabilitation service as well.

[Catherine West (Hornsey and Wood Green) (Lab)]

13. What his policy is on the European convention on human rights; and if he will make a statement.

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[Cat Smith (Lancaster and Fleetwood) (Lab)]

T2. In Lancashire almost one third of domestic abuse victims at multi-agency risk assessment conferences are repeat victims. Anecdotally, many perpetrators are repeat offenders, but no statistics are available on that. What action is the Minister taking to identify repeat and serious perpetrators of domestic abuse?

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

That is a very important question, and something we take very seriously. It is important that we make every effort to identify the perpetrators of these heinous crimes, but we are also determined to ensure that anyone facing the threat of domestic violence has somewhere to turn, which is why we are working closely across the Government, with the Home Office and the Department for Communities and Local Government, to address this important issue.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

T9. Will the Minister update the House on progress being made to improve the military covenant by protecting service personnel from judicial expansionism?

[Clive Lewis (Norwich South) (Lab)]

T3. Last week the Scottish Government celebrated the 10th anniversary of legal humanist marriage. Given their popularity —there has been an upsurge in the number of such marriages in that country—and support in both Houses, can the Minister give us an idea of whether the Government would like to implement something similar in this country?

[Caroline Dinenage]

Yes, marriage is one of our most important institutions and we need to make sure that any changes to the law are carried out with care. That is why we have asked the Law Commission to undertake a preliminary scoping study to prepare the way for potential future reform. It is due to report in December and then the Government will consider the next steps very carefully.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

Will my right hon. Friend look carefully again at the workings of the European arrest warrant following the announcements last night from London and from Kigali, Rwanda, and the misuse of the process by a junior Spanish judge for political rather than judicial purposes?

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[Sue Hayman (Workington) (Lab)]

T5. Most women entering prison serve very short sentences. Last year, 58% were serving six months or less. Twenty years ago, this figure was only a third. As 82% of women who enter prison under sentence have committed a non-violent offence, why is this figure increasing?

[Caroline Dinenage]

The decision to impose a custodial sentence is of course one for the independent judiciary. The law requires that a custodial sentence be passed only where an offence is so serious that neither a community sentence nor a fine will do. The courts take into account all circumstances regarding the offence and the offender. It is important to remember that just because an offence is not violent, that does not mean that it does not have victims—multiple victims—and that it is not serious.

[Damian Green (Ashford) (Con)]

I am delighted that the Lord Chancellor has committed himself to speeding up the process of justice—an essential task that I suspect he will find is like painting the Forth bridge with a toothbrush. Does he agree that one of the essential elements of that is that the digital technology increasingly available in courts talks to the digital technology that the police use in collecting evidence, because if not, it will not happen?

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[Heather Wheeler (South Derbyshire) (Con)]

I welcome the Under-Secretary of State for Women and Equalities and Family Justice, my hon. Friend the Member for Gosport (Caroline Dinenage) to her new position. Does she agree about the importance of maintaining family ties and ensuring the rehabilitation of female offenders, as exemplified by the hard work undertaken at Foston Hall ladies prison in my constituency?

[Caroline Dinenage]

Yes, it is important to maintain family ties, and family engagement workers are in place in all public sector female prisons, including Foston Hall. They meet all prisoners on induction to identify any support required to maintain or establish family contact. Women’s prisons are also looking at other support for improved family links, including family days, child-centred visits, homework clubs and specific relationship and parenting skills programmes.

[Corri Wilson (Ayr, Carrick and Cumnock) (SNP)]

T8. Following the question asked by the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) on freedom of information, does the Secretary of State intend to introduce legislation on proposals to price out FOI requests and extend the ministerial veto, which my party would oppose, and will he give us a timetable for that?

--- Later in debate ---

[Caroline Dinenage]

I very much agree with my hon. Friend, and we are doing just that. In England, we are working with the Department of Health and the Home Office to support NHS England to develop liaison and diversion services. Those services place NHS staff, usually a mental health nurse, at police stations and courts to assess offenders for a range of health problems, including mental health problems, and refer them to the right treatment and support services. The information can then be shared with courts, prisons and probation services to inform decisions on charging and sentencing.

[Tom Brake (Carshalton and Wallington) (LD)]

The coalition Government increased the transparency of government by requiring Ministers to report on their meetings with outside organisations. Is the Justice Secretary not embarrassed that he now wants to reduce Government transparency by strengthening the ministerial veto on freedom of information requests?

Service Personnel Deaths (Inquests)

Caroline Dinenage Excerpts

Thursday 4th June 2015 Written Statements

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

Together with my hon. Friend the Minister for Defence Personnel, Welfare and Veterans, I present our latest joint statement on the progress of coroner investigations into the deaths of UK service personnel on active service overseas. Our armed forces demonstrate great courage, commitment and self-sacrifice in their service to our country, and it is right that they receive our heartfelt gratitude. Most of all we remember and honour those who have laid down their lives in the service of their country, and the families they leave behind.

This statement sets out the progress of investigations being held by the senior coroners for Oxfordshire, for Wiltshire and Swindon and for other coroner areas in England and Wales as at 22 May 2015.

Tables to supplement this report have been placed in the Libraries of both Houses. These give details of all cases, including whether there has been or will be a service inquiry—known as a board of inquiry in the earlier years covered.

The defence inquests unit of the Ministry of Defence continues to work closely with coroners—including the dedicated cadre of coroners with special training in service personnel inquests—to make sure that everything possible is done to progress and complete investigations quickly and thoroughly. There is now provision under section 12 of the Coroners and Justice Act 2009 for investigations to be held in Scotland, where appropriate, rather than in England and Wales.

We are thankful to all who are involved in the course of these investigations: to those who provide support and assistance to bereaved families; to the coroners and their staff who seek to conduct thorough investigations which put the bereaved families at their heart; and for the Chief Coroner for his leadership and oversight of the coroner service.

Repatriations of service personnel who have died overseas have mainly taken place at RAF Brize Norton and RAF Lyneham. To enable the senior coroners for Oxfordshire and for Wiltshire and Swindon to conduct inquests into these deaths alongside their local case load, additional funding has been provided to both areas since 2007 by the Ministry of Defence and the Ministry of Justice.

Current status of inquests

Since our last statement on 29 January 2015 there have been six inquests into the deaths of service personnel on operations in Iraq or Afghanistan. This brings the total 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 to 624. Three deaths of injured service personnel have not led to a formal inquest. Two of these were taken into consideration at inquests into other deaths which occurred in the same incidents. The third case concerned a serviceman in Scotland who made a partial recovery but later died from his injuries, and it was decided not to hold a fatal accident inquiry.

Coroners’ investigations which have been opened

As at 22 May, seven coroner investigations are open into the deaths of service personnel in Afghanistan.

The senior coroner for Oxfordshire has retained five of these. The other two investigations are being conducted by the senior coroners for Gateshead and south Tyneside and for West Sussex, whose courts are closer to the next of kin. A pre-inquest hearing date of 2 November 2015 has been set for one of these inquests. Hearing dates have not yet been listed for the remaining six inquests.

We will continue to inform the House of progress.

Attachments can be viewed online at:

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2015-06-04/HCWS14/

[HCWS14]

Dangerous Driving Offences (Sentencing)

Caroline Dinenage Excerpts

Tuesday 4th November 2014 Westminster Hall

[Alok Sharma (Reading West) (Con)]

It is a pleasure to serve under your chairmanship, Mr Caton, in this incredibly important debate on sentencing for dangerous driving. The fact that so many hon. Friends and colleagues have turned up for the debate demonstrates the strength of feeling across the House on the issue. I want to highlight the case of my constituents, John Morland and Kris Jarvis, who were killed by a dangerous driver. I also want to press for a change in the law to toughen sentences for dangerous driving.

The case of John and Kris is incredibly tragic. They were cycling in my constituency on 13 February and were hit from behind by a car driven by a man called Alexander Walter. He had stolen the car, was disqualified from driving, and was two and a half times over the alcohol limit. In the 24 hours before the accident, he had taken cocaine, and it emerged afterwards that he had already made 14 court appearances and had 67 convictions, one of which related to him phoning Heathrow airport to make a bomb hoax only days after the 9/11 tragedy. Walter walked away from the wreckage without a scratch. John and Kris did not; they died at the scene due to their appalling injuries.

John and Kris were family men, and as a result of the accident seven children lost their father; parents lost their sons; brothers and sisters lost their siblings; and the fiancées of John and Kris, who are present and are listening to the debate, Hayley Lindsay and Tracey Fidler, lost the love of their life. I was particularly touched by a point that Tracey made in the local paper: since the age of 17, they had never spent a day apart. I pay tribute to the courage, bravery and strength of character of Tracey and Hayley. They have spent months trying to rebuild their shattered lives and dreams. They are very grateful to their friends and families, who have helped them, but the reality is that those families started a life sentence on 13 February.

[Caroline Dinenage (Gosport) (Con)]

I congratulate my hon. Friend most wholeheartedly on securing this vital debate. I pass on my condolences to the families he mentioned. I have enormous sympathy for their case. A year ago yesterday, two teenage girls from my constituency were mown down by a gentleman driving at more than twice the speed limit on a cocktail of drugs, for which crime he received a nine-year prison sentence, which amounts to less than 4.5 years per life. Does my hon. Friend agree that that is completely inadequate for the life sentence that that man inflicted on those families?

[Alok Sharma]

My hon. Friend is absolutely right. I will make the case for changing the law, but she has set out clearly that at the end of the day we are talking about families and justice. That is what we are all fighting for in this House. As I said, the families started a life sentence—a life without their loved ones—on 13 February. By contrast, Walter got 10 years and three months for killing two innocent men. He committed what I understand from the Crown Prosecution Service guidance to be a level 1 offence. He was also responsible for just about every aggravating factor listed in the guidance that anyone could think of. Perhaps the Minister will comment, but why on earth was the maximum tariff of 14 years not levied against that man?

--- Later in debate ---

[Mike Penning]

Well, at the end of the day, when someone has served their sentence I want them not to be a burden on the state but to work. In rural parts of the country, such as that which the right hon. Gentleman represents, that might exclude someone from working. I am willing to look at the suggestion, but it is not as simple as just saying “tough”.

[Caroline Dinenage]

The Minister is being incredibly patient in giving way. I strongly welcome what he said about looking at changing the rules so that a driving ban runs from the end of a sentence. That has been the biggest slap in the face for the families of Olivia and Jasmine in my constituency—the gentleman concerned was given a seven-year driving ban despite getting a nine-year jail sentence. That was utterly disgusting.

[Mike Penning]

We talked earlier about the punishment fitting the crime. What is the logic of giving someone a driving ban when it will be over when the offender comes out of prison?

It is poignant for the families to know that their petition works, and that so may colleagues from throughout the House have come to this debate. It is important that there should be a much more open debate on the Floor of the House, and I am sure that the Backbench Business Committee would be amenable to that, because there has been cross-party support in the Chamber today.

As the review goes forward, nothing should be ruled out, which is what I think my hon. Friend the Member for Reading West was alluding to in his comments to me. There will be some natural concerns from the judiciary and colleagues, which is fine. Let them put that into the mix, but the most important people who need to be part of the consultation are the families of the victims. No one can replace their loved ones, but if they have the courage of those who have come here today saying this should not happen to anyone else, perhaps we can make this country a safer place.

Question put and agreed to.

Oral Answers to Questions

Caroline Dinenage Excerpts

Tuesday 9th September 2014 Commons Chamber

[Chris Grayling]

The challenge we have in our prisons is not making space available in libraries for prisoners to visit but encouraging them to visit. That is why we are pursuing projects such as toe by toe and encouraging literacy programmes. To be frank, I wish more prisoners wanted to go to our libraries.

[Caroline Dinenage (Gosport) (Con)]

Will the Secretary of State carefully consider the report published this week from the Business, Innovation and Skills Committee, which shows that improved literacy really supports rehabilitation and recommends that prison libraries should be open at weekends?

Oral Answers to Questions

Caroline Dinenage Excerpts

Tuesday 8th October 2013 Commons Chamber

[Chris Grayling]

I invite the right hon. Gentleman to go to Oakwood to see the facilities, which were praised in today’s report. I am afraid that he is just not right. I have checked this information today. The contracting process, including the invitations to tender to the private sector to run Oakwood, started under the last Labour Government.

[Caroline Dinenage (Gosport) (Con)]

2. What steps he is taking to address literacy and numeracy problems in prisons.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Improving prisoners’ literacy and numeracy levels is a key focus of the Offenders’ Learning and Skills Service. When a need is identified, prisoners are offered teaching and support as a matter of priority. As my hon. Friend knows, a number of charities provide invaluable support in that area.

[Caroline Dinenage]

In prisons across the country, education can take a long time to access and is often viewed as a reward for good behaviour, rather than as a vital cornerstone of rehabilitation. What plans does my hon. Friend have to help prisoners overcome those barriers and access the skills that will be vital to them on release?

[Jeremy Wright]

My hon. Friend is entirely right that rehabilitation is crucial and that education is a crucial part of rehabilitation. We will ensure that prisoners have every incentive to engage in rehabilitation. That means reforming the incentives and earned privileges scheme so that they have clear incentives, and it means ensuring that prisoners who want to get to the top of that scheme help other prisoners in a range of ways, one of which may be operating as a mentor or learning tutor—roles that, as she knows, are often supported by charities.

Oral Answers to Questions

Caroline Dinenage Excerpts

Tuesday 2nd July 2013 Commons Chamber

[Nigel Adams (Selby and Ainsty) (Con)]

11. If he will take steps to ensure that in cases where a person has disappeared and is presumed dead, their family and loved ones are better able to deal with the practical and administrative issues that arise. [R]

[Caroline Dinenage (Gosport) (Con)]

13. If he will take steps to ensure that in cases where a person has disappeared and is presumed dead, their family and loved ones are better able to deal with the practical and administrative issues that arise.

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

We are working with the General Register Office to create the rules and regulations necessary to implement the Presumption of Death Act 2013, which will create a single certificate of presumed death equivalent to a death certificate.

[Mrs Grant]

A consultation on guardianship will be launched this year, with a view to taking a final decision on guardianship next year.

[Caroline Dinenage]

Leading Seaman Timmy MacColl went missing while in Dubai with the Royal Navy last May. He leaves behind a wife and three small children. The Royal Navy is now seeking to get a certificate of death without any face-to-face consultation with his wife. On top of the emotional strain, this casts a question mark over the family’s financial future and where they will live. To what extent can the Ministry of Justice liaise with the armed forces in such cases and ensure that the family are much more involved in these decisions?

[Mrs Grant]

I know that my hon. Friend cares deeply about these issues and has worked tirelessly in assisting this family in her constituency whose loved one has gone missing. The Ministry of Defence has its own procedures for presuming missing service personnel to be dead and does not liaise with the Ministry of Justice in individual cases, but if my hon. Friend would like some further information on the involvement of family members, I am happy to make representations to the Defence Secretary on her behalf.