Office for Judicial Complaints (Annual Report 2012-13)

Chris Grayling Excerpts

Thursday 27th June 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

With the concurrence of the Lord Chief Justice, I will today publish the seventh annual report of the Office for Judicial Complaints (OJC), which provides support to the Lord Chief Justice and myself in our joint responsibility for the system of judicial complaints and discipline.

Over the past year the OJC has seen the volume of complaints it receives increase by a third; receiving over 2,100 complaints and 550 written inquiries. I am pleased, therefore, that the OJC continues to deliver a good service; providing complainants with a first substantive response within 15 working days in 93% of all cases it receives.

Subject to parliamentary approval, this annual report will be the last published by the OJC prior to the introduction of the Judicial Discipline (Prescribed Procedures) Regulations 2013. The new regulations are the product of a review conducted by a working group, led by Lord Toulson, and seek to establish a more efficient and streamlined process for handling complaints about the conduct of judicial office holders.

The introduction of the new regulations will also see the OJC become the Judicial Conduct Investigations Office (JCIO). I am confident that the JCIO will build on the solid foundations laid by the OJC over the last seven years and, in tandem with the introduction of the new regulations, will deliver further improvements and efficiencies in the handling of judicial conduct complaints.

Copies of the report are available in the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies of the report are also available on the internet at: http://judicialcomplaints.judiciary.gov.uk/publications.htm.

Pre-trial Cross-examination Testing

Chris Grayling Excerpts

Tuesday 11th June 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Government are committed to improving the experience of witnesses in court to ensure that they are supported to give their best evidence. Recent harrowing court cases involving children and other vulnerable people have highlighted that there is more we can do.

For some time now, the Ministry of Justice has been working with our partners in the criminal justice system to actively look at the issues around implementing section 28 of the Youth Justice and Criminal Evidence Act 1999. Section 28 would allow for recorded pre-trial cross-examination of vulnerable and intimidated witnesses in cases where there may be a delay in the holding of the trial or where the nature of the case is such that the witness could be cross-examined in advance of trial.

I am confirming today the Government’s plan to pilot section 28 by the end of the year in three Crown court locations—Liverpool, Leeds and Kingston upon Thames. The pilots will run for six months followed by an assessment period after which we will consider how best to take this measure forward.

Oral Answers to Questions

Chris Grayling Excerpts

Tuesday 21st May 2013 Commons Chamber

[Jason McCartney (Colne Valley) (Con)]

2. What steps he plans to take to reduce the number of offences committed by people on probation.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

On 9 May, I announced “Transforming Rehabilitation: A Strategy for Reform”, which sets out how we will transform the way in which we rehabilitate offenders to make progress in driving down reoffending rates. Under our proposals, for the first time in recent history, every offender sentenced to less than 12 months in prison will receive statutory supervision and rehabilitation in the community when they are released from custody. Alongside that, we will open up the market to a diverse mix of providers, freeing them to innovate and paying them by results, so that they focus relentlessly on reducing reoffending.

[Jason McCartney]

I would like to take this opportunity to praise the innovative work that my local Kirklees probation service is doing to bring down offending rates. Rates in West Yorkshire are down by 10% and in Kirklees the reduction is nearly 17%. I spent time with my local service over the Easter recess. What effect will the extension to a minimum of 12 months’ supervision in the community now have?

[Chris Grayling]

Good work is being done in many parts of our probation service, but overall, rehabilitation is not delivering what we expected it to, and reoffending rates are rising. However, I expect the teams that are delivering excellent work on the ground in our probation service to play an important part in the future that we have unveiled. In many areas, we will see those probation officers forming their own social enterprises and partnerships to deliver a high-quality service to us.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

When I visited the Kirklees probation service, which is based in Huddersfield, I found people who were very demoralised by some of the Government’s proposals. They feel that they are undervalued, and I agree with them. The probation service is probably the most effective and efficient part of the criminal justice system. Are not the Government undermining its morale?

[Chris Grayling]

I am afraid that the hon. Gentleman is simply not right. The Select Committee found recently that only 25% of the time probation staff spent at work was spent working with offenders—the Committee’s Chairman is here today and he will recall this—yet the biggest block of offenders who are likely to reoffend get no support at all. That is why change is necessary.

[Jenny Chapman (Darlington) (Lab)]

We very much support the Government’s moves to extend supervision, but they also want private security firms to take responsibility for supervising medium-risk offenders in the community. That would include people who have committed violent and sexual offences. How do the Government plan to ensure that those private security firms have the appropriate skills and training to protect the public?

[Chris Grayling]

It is a pleasure to see the hon. Lady in her place today. I have begun to forget what the shadow Secretary of State looks like. His team regularly attends these events, but there are some faces missing.

The whole point of what we are trying to do is to address the glaring gap in the system that is leading to reoffending rates that are simply unacceptable. The mechanisms that we are putting in place to manage risk will provide a simple means of transferring offenders from a medium-risk category to a high-risk category if their situation changes and if a risk assessment carried out by the public probation service requires such a transfer. The public probation service will always remain responsible for dealing with the highest-risk offenders.

[Mr Speaker]

I think that the Secretary of State has ambitions to deliver a public lecture on this subject, but he should preferably not do so in the Chamber today.

[Mr James Gray (North Wiltshire) (Con)]

Does the Secretary of State agree that one way of maintaining continuity in the records of ex-offenders under his new regime would be to welcome in-house spin-offs such as those being proposed in Wiltshire? These would involve the existing probation service becoming a separate and private individual organisation.

[Chris Grayling]

I very much welcome the discussions that are taking place. Support is being provided by the Cabinet Office, including financial support, for those members of our probation teams who want to set up their own spin-offs, and I would positively encourage them to do so.

[Sheila Gilmore (Edinburgh East) (Lab)]

3. What progress he has made on improving the feedback from tribunal judges to the Department for Work and Pensions on the reasons for overturning employment and support allowance refusal decisions.

--- Later in debate ---

[Mrs Mary Glindon (North Tyneside) (Lab)]

7. What the Government’s plans are for the future of legal aid.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

We are consulting on proposed reforms of the legal aid system, as set out in our consultation document, “Transforming Legal Aid”, which was published on 9 April. We are seeking views on proposals to ensure that the criminal legal aid system in this country operates more efficiently, that we live within our means, and that we have a system in which the public can have confidence.

[Mrs Glindon]

What steps is the Minister taking to make publicly available details of the amounts paid by the legal aid authorities to counsel and solicitors and the costs for the preparation of cases prosecuted each year?

[Chris Grayling]

That information is already available to a degree. It is available to hon. Members and has been published under the Freedom of Information Act. It is very important that at the same time as ensuring we have a proper legal aid system that provides access to justice to all, we ensure that the payments we make are payments we can afford.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

How can Ministers be confident that under their proposals there will be a genuine market and not just a few very large businesses that would have no great incentive to maintain quality once they got a fixed proportion of the business?

[Chris Grayling]

That is a very important point. First, I have absolutely no intention of ending up with a legal aid market dominated by a small number of very large firms. A central part of the tendering process will involve a quality threshold that ensures that we have the quality of advocacy and litigation support in this country that we need and expect.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

The Secretary of State talked about the quality threshold, but his own Department’s consultation document warns against the danger that some advice might go above the quality threshold and therefore be too expensive. What does he have to say to that and how will he ensure that criminals get a proper defence?

[Chris Grayling]

We must ensure that every defendant, innocent or guilty, has access to a proper defence. We also need a system that is affordable at a time of great financial stringency. Our proposals are designed to find the right balance between those two things.

[Mr Robert Buckland (South Swindon) (Con)]

The current graduated fee system is clearly broken and is costing a huge amount of money to administer. Will my right hon. Friend look carefully at constructive proposals to streamline the system and improve the system of criminal fees?

[Chris Grayling]

I can absolutely give my hon. Friend that assurance. I have been very clear in saying to both barristers and solicitors—to the whole legal profession—that this is a consultation. I have challenges to meet financially, but I am very open to means of improving the current system in a way that makes it affordable while maintaining the quality and effectiveness of provision.

[John Cryer (Leyton and Wanstead) (Lab)]

Is it not the case that the Secretary of State intends to award legal aid franchises on the basis of price and not on anything else? That means that the lowest common denominator will prevail and one of the basic founding tenets of the legal aid system, equal access to justice, will be at an end.

[Chris Grayling]

No, it is not. I have no intention whatsoever of awarding contracts on the basis of price alone.

[Sarah Teather (Brent Central) (LD)]

How will the Government ensure that the proposed residence test does not leave many victims of human trafficking, unaccompanied child immigrants and victims of domestic violence with no access to justice? Is there not a real danger that our attempts to look tough on immigration will leave many vulnerable people without the justice they deserve?

[Chris Grayling]

Under the new systems we have put in place, the Legal Aid Agency has discretionary funding to deal with the very unexpected cases. However, I do not think that it is unreasonable to say that if someone is going to come to this country and access public support, they should have been here for a period of time and paid taxes before they do so.

[Robert Flello (Stoke-on-Trent South) (Lab)]

More than 70% of the public, according to a poll in today’s papers, think that the Secretary of State’s cuts to criminal legal aid will lead to innocent people being convicted. Does he really think that miscarriages of justice are a price worth paying for his mismanagement of the justice budget?

[Chris Grayling]

I still do not think that the Opposition understand the nature of the financial mess they left behind and what we have to do to balance the books. I also think that the public would expect me to do what I can to maintain a strong prison system and a strong court system at the same time as having a legal aid system that provides justice while being affordable. That is what we are doing.

[John Mann (Bassetlaw) (Lab)]

9. How many prison staff have current unspent convictions for firearms offences.

--- Later in debate ---

[Yvonne Fovargue (Makerfield) (Lab)]

11. What steps he is taking to reduce reoffending.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

We have heard a lot this afternoon about our plans for transforming rehabilitation. It is worth restating to the House what I believe is a crucial part of those reforms: the alignment of the prison service geographically to areas into which people are going to be released, through the creation of a network of resettlement prisons. I think that will make as big a difference to the process as any other part of our reforms.

[Yvonne Fovargue]

A recent report from the Charities Aid Foundation welcomed the opportunities that payment by results will create for the voluntary sector, but it also warned that many organisations will need support to ensure that they can become credible providers of services on a much larger scale. What help is the Minister putting in place to ease this transition?

[Chris Grayling]

We are doing two things. First, through the Cabinet Office, which has responsibility for liaison with the voluntary sector, we are putting in place widespread support to help the voluntary sector prepare for this process. We have also put in place a justice data lab, which is designed to allow smaller voluntary sector organisations that have a track record in working with offenders to quantify the impact of their work on rehabilitation so that they can sell a story about what they can do to partners in the bidding process.

[Mr Crispin Blunt (Reigate) (Con)]

As one would expect, getting more work into prisons will make a considerable contribution to reducing reoffending. Can the Secretary of State update the House on the progress being made by one3one Solutions?

[Chris Grayling]

I pay tribute to my hon. Friend for the work he did as Justice Minister on improving the availability of work in prisons. It is to his credit that we saw an increase of 800,000 in the number of hours worked in our prisons last year. My hon. Friend the Prisons Minister is building on that work and it is my hope and expectation that we will see that increase continue.

[Fiona Mactaggart (Slough) (Lab)]

Will there be resettlement prisons for women?

[Chris Grayling]

There are of course a smaller number of women’s prisons, but it is our intention to have the same geographic links between detention and release for women as well.

[Laura Sandys (South Thanet) (Con)]

13. What recent progress he has made on reform of the probation system.

--- Later in debate ---

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

15. What recent representations he has received on the reform of legal aid; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

My ministerial team and I have met with a number of stakeholders since the launch of our consultation on legal aid reform. Among others, I have met the chair of the Bar Council, the president of the Law Society, members of the senior judiciary, the circuit leaders and a number of solicitors representing Law Society members.

[Miss McIntosh]

I am sure that my right hon. Friend will have heard the same concerns that I have about restricted access to justice. Having started out as a young advocate a number of years ago, may I say that there is real concern that there will be less access to the profession, particularly for young barristers, with lower fees while they are trying to pay off their student loans?

[Chris Grayling]

We have taken care with these proposals to put together a package based on our statistical analysis which we think will protect incomes at the lower end of the Bar particularly. It is my intention that where we have to impose changes on the profession, they come through either the reorganisation of businesses or income changes at the top end of the income scale.

[Karl Turner (Kingston upon Hull East) (Lab)]

The Justice Secretary knows full well that his plans for price competitive tendering in criminal legal aid are completely opposed by the profession. They are unworkable. Will he now sit down with the chairman of the Criminal Bar Association and discuss a way forward out of this mess?

[Chris Grayling]

As the hon. Gentleman will know, the principle of price competitive tendering was first proposed in a report commissioned by the last Government eight years ago. We have looked carefully at the best way in which we can deliver better value in our legal aid system, which we have to do to meet financial targets. We will do so in a way that protects the interests of the justice system, but no change is simply not an option.

[Dr Julian Huppert (Cambridge) (LD)]

I understand the drive to try to save money in this area, but the Justice Secretary will be aware of many of the concerns. Will he look carefully at ideas that have been raised with him such as making more use of frozen assets to pay for cases or dealing with fraud cases more efficiently, to try to reduce the legal aid bill in that way?

[Chris Grayling]

I have a lot of sympathy with what my hon. Friend says on frozen assets. Of course, they are already used to fund police, the Crown Prosecution Service and victims’ services, so this is not an untouched resource. In the Crime and Courts Act 2013, we have taken powers to extend the use of frozen assets, but I do not believe that the amounts of money available are sufficient to make a material difference to our proposals.

[Dr William McCrea (South Antrim) (DUP)]

What recent representations has the Secretary of State had from the Department and Minister of Justice in the Northern Ireland Assembly concerning the reform of legal aid?

[Chris Grayling]

I am not aware that I have received a letter concerning that. I obviously have regular meetings and exchanges with the Northern Ireland Minister. I will come back to the hon. Gentleman if I have received such a representation; I am not aware of having seen it.

[Andy McDonald (Middlesbrough) (Lab)]

Is not a defendant’s freedom and ability to instruct a solicitor of their own choosing the fundamental basis of our criminal justice system? Will not these proposals restrict the numbers of corporate entities, with vested interests and conflicts of interests, running prisons, probation services and representing defendants? And if Eddie Stobart gets a contract, why do not the Government go the whole hog, put the magistrates court in the back of the wagon and be done with it?

[Chris Grayling]

I am afraid that that contribution is what I would expect from the Labour party. This is not about creating an opportunity for giant firms. It is about saying to small and medium-sized firms, “You will need to change the way you do things to bring down costs, to share back offices, in a way that enables us to get better value for money for the taxpayer.” If Opposition Members really want me to place financial constraints elsewhere in the system, to close courts and to have fewer probation officers, rather than having a more efficient criminal justice system in the legal aid arena, that is their choice. I know which route I am taking.

[Mr Dominic Raab (Esher and Walton) (Con)]

16. What steps he is taking to reduce drug addiction in prisons.

--- Later in debate ---

[Grahame M. Morris (Easington) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I would like briefly to update the House on our proposed changes to the regime in our prisons. I think that the public rightly expect that prisons should be a place of punishment and rehabilitation. For too long prisoners have been handed privileges such as in-cell television, DVDs and association time as a reward for simply keeping out of trouble. That is not just unfair at a time when the rest of the country is doing without; it is a shamefully wasted opportunity. That is why we have announced a major overhaul of our incentives and earned privileges schemes in prisons. We want to see prisoners earning their privileges by working hard to turn their lives around. We have banned certificate-18 DVDs, subscription TV will be removed by the summer, prisoners will in future have a longer working day, and if they behave badly or do not engage with rehabilitation activities they will be stripped of their privileges. That is designed to improve confidence in our prison regime and to encourage positive rehabilitation activities within our prisons.

[Grahame M. Morris]

I would like to ask the Secretary of State about his plans to privatise the probation service. Following the Olympics security debacle, why does he believe that companies such as G4S are suitable providers to manage low and medium-risk offenders, including prolific burglars, drug-users and those convicted for domestic violence, if they could not manage Olympic security? How will he guarantee public safety?

[Chris Grayling]

What I want for our probation service is the best of the public, private and voluntary sectors: the public sector has high-quality skills in managing the risk of harm; the private sector can deliver a more efficient system, so that we can release funds to support those offenders who get no support at the moment; and the voluntary sector has the kind of mentoring skills we so desperately need to help people turn their lives around.

[David Mowat (Warrington South) (Con)]

T4. Our criminal justice system may be the most expensive in the world, perhaps by a factor of two or three times, and yet we continue, as a state, to pay many practitioners several hundreds of thousand pounds a year more than we pay surgeons or scientists. This practice is of course enthusiastically supported by the Bar Council, and apparently by Opposition Front Benchers. Can the Secretary of State confirm that his consultation will at last bring to bear competition and market forces?

[Chris Grayling]

It certainly brings competition to bear. We are trying to take tough decisions on legal aid in a way that, where possible, impacts on the top end, not the bottom end, of the income scale. That is what we believe in, and I am surprised that Labour Members appear to disagree with us.

[Mr Andy Slaughter (Hammersmith) (Lab)]

Has the Secretary of State read his interview with the Law Society Gazette this week? I would not blame him if he had not, because it is a bit of a car crash. Does he stand by the passages where he says that he has no evidence of a lack of public support for legal aid but has received “lots of letters”, where he is “unsure” where £160 million of Department spending has gone, and where he defends taking away a choice of solicitor because

“people in our prisons and…courts come from the most difficult and challenged backgrounds”

and are not

“great connoisseurs of legal skills”?

[Chris Grayling]

Not surprisingly, I do stand by interviews I give. We are now three years into this Government and Labour Members have no answers to any of the challenges we face. We have big financial issues to deal with and we need to create a system that is affordable. They have no alternative suggestions about how to do that.

[Mr Slaughter]

The Justice Secretary has one answer: payment by results.

Last Friday, the Justice Secretary was forced to investigate alleged overpayment to G4S and Serco on the tagging contracts. Today the Financial Times is reporting that he has suspended outsourcing prison contracts to Serco, Sodexo and Amec. Should not he review all current contracts with the chumocracy of private firms who get the MOJ’s shilling, including Capita’s disastrous running of the interpreters contract, and should not he suspend plans to hand out another £500 million of probation contracts to more of the cosy cartel?

[Chris Grayling]

Sometimes Labour Members are breathtaking. I am not going to say much to the House today about the investigation that we are carrying out into the tagging contracts; I will provide that information in due course. I simply say to Opposition Front Benchers that the contracts we are investigating date back to 2005 and were signed and put together by the previous Government.

--- Later in debate ---

[Mrs Mary Glindon (North Tyneside) (Lab)]

T2. What plans does the Minister have to monitor the banning of referral fees in personal injury matters and to review the payment of referral fees in conveyancing?

[Chris Grayling]

We have already introduced changes that ban referral fees, and we are looking at other reforms that will tighten up the whole culture that exists around personal injury and similar claims. There is good work in parts of the legal profession in doing genuine work on behalf of genuine claims. However, there are too many question marks in the system. Now that we have made those changes, the challenge is for the insurance industry to bring down policy prices. If it does not do that, we will not hesitate to take action in the other direction.

[Andrew Selous (South West Bedfordshire) (Con)]

T10. I strongly back the Government’s plans to get prisoners to do a full day’s work, but how can we make sure that they do not undercut the jobs of other UK workers whose businesses have higher costs than businesses in prisons?

[Mr William Bain (Glasgow North East) (Lab)]

T5. Our criminal justice system is strengthened in its ability to deal with international crime through our co-operation in the EU’s justice and home affairs policies. Does the Secretary of State agree that this is another powerful reason why we should remain a full member state of the EU?

[Chris Grayling]

I believe that we should co-operate fully internationally, not simply in the European Union, but elsewhere, to combat international crime. I do not want this country to become part of a European justice system. That is what divides us.

[Philip Davies (Shipley) (Con)]

Chris Huhne and his former wife were released from prison recently after serving just two months of an eight-month sentence. In surveys that I have conducted, an overwhelming majority of my constituents believe that prisoners should serve their sentences in full. Aside from locking them up for longer, Mr Speaker, will the Secretary of State say how long he thinks people should serve in prison before they are released?

[Chris Grayling]

On this matter, I have a lot of sympathy with what my hon. Friend says. He may have sensed from my recent comments that I am looking closely at this area. I hope to be able to provide further reassurances to him in due course.

[Jeremy Corbyn (Islington North) (Lab)]

T6. Will the Secretary of State assure the House that he and the Government have no plans to withdraw from the European convention on human rights?

[Chris Grayling]

It is not the policy of the coalition Government to withdraw from the European convention on human rights. My party is looking at what proposals we want to put to the country at the next general election. The vast majority of the population want changes to our human rights framework. If the Labour party disagrees, I look forward to having that debate.

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

Further to the Secretary of State’s statement about prisons at the start of topical questions, does he agree that far too many drugs are still circulating in prisons? How far is he getting with his zero-tolerance policy, which is aimed at staff and visitors because the drugs are not coming into prisons with the prisoners?

--- Later in debate ---

[Mr Christopher Chope (Christchurch) (Con)]

Will my right hon. Friend tell the House what he considers to be the most intolerable aspects of the United Kingdom’s current relationship with the European Union?

[Chris Grayling]

rose—

[Mr Speaker]

Order. May I remind the Secretary of State that answers to topical questions must be brief?

[Chris Grayling]

Given that I do not have the time at the Dispatch Box that I might choose to discuss the matter, I would simply say that the European Commission’s recent decision to publish a justice scorecard assessing justice systems across Europe, and making recommendations for their improvement, is one that this country neither welcomes nor intends to co-operate with.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

What assessment has the Secretary of State made of the impact on miscarriages of justice of his proposals on criminal legal aid?

[Chris Grayling]

I am very confident that what we are doing, which involves encouraging the litigation part of our system to operate more efficiently and making changes to the top end of the income scale for the Bar, but also protecting incomes for the junior Bar, will be the best way of delivering an effective balance between proper justice and something that is affordable to the taxpayer.

--- Later in debate ---

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

A Bar Council and ComRes poll published this morning shows that more than 70% of the British public are concerned that the legal aid cuts will result in injustice, and lawyers in Newcastle believe that they will increase costs to the taxpayer. Will the Secretary of State meet me and a delegation from Newcastle to listen to concerns on that vital issue?

[Chris Grayling]

I have already met a number of lawyers from the north-east and Newcastle, and I will listen to all the representations that I receive to try to get this as right as I possibly can. However, the hon. Lady should not believe, and no one in the House should believe, that the Administration can avoid difficult financial decisions. I am trying to take those decisions in the way that provides the best balance between justice and value for the taxpayer, and that is what I will continue to do.

[Dr Julian Huppert (Cambridge) (LD)]

There seem to be ways of both making substantial savings and providing a better service and improving the way in which the courts operate, particularly by using more digital information so that documents do not get lost and fail to arrive in court at the correct time. What work has the Ministry of Justice been doing to try to achieve that?

--- Later in debate ---

[Tracey Crouch (Chatham and Aylesford) (Con)]

Will the Secretary of State update the House on progress towards criminalising squatting in commercial premises?

[Chris Grayling]

We are looking seriously at the matter, which is one for Members of all parties to consider. If any hon. Member has experience of it in their constituency, we would like to hear about it, including the impact that it has had on businesses. We in the House have perhaps more awareness than anybody else about what is happening on the ground, and I would like to hear from hon. Members about it.

[Several hon. Members]

rose—

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I am very grateful, Mr Speaker. I was going to ask the Secretary of State about legal aid. A vulnerable constituent of mine was charged on four separate occasions, and her solicitor, whom she appointed, was able to support her throughout. That ability is under threat from the legal aid proposals. Why is the Secretary of State proposing restrictions on access to legal aid for the vulnerable and those who cannot afford to pay?

[Chris Grayling]

I am not proposing that access to legal aid for the vulnerable be removed. Every person brought before a court or into a police station, and every person charged with an offence, will have access to legal aid for a defence unless they have sufficient means to pay for it themselves.

[Mr David Hanson (Delyn) (Lab)]

Given that a third of prison suicides take place in the first week, what risk assessment have the Government made of the changes to the regime in the first two weeks?

Balance of Competences

Chris Grayling Excerpts

Thursday 16th May 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I wish to inform the House that, further to the Foreign Secretary’s oral statement launching the review of the balance of competences on 12 July 2012, Official Report, column 468, and the written statement on the progress of the review on 23 October 2012, Official Report, column 46WS, the Ministry of Justice has published its call for evidence in the area of civil judicial co-operation, which includes family matters.

The report will be completed by December 2013 and will cover the overall application and effect of EU instruments in the area of civil judicial co-operation.

The call for evidence period will last 12 weeks. The Ministry of Justice will draw together the evidence and policy analysis into a first draft, which will go through a process of scrutiny before publication towards the end of 2013.

The report will focus on article 81 of the treaty on the functioning of the European Union (TFEU), using this and the jurisprudence emanating from it as a legal base.

The Ministry of Justice will take a rigorous approach to the collection and analysis of evidence. The call for evidence sets out the scope of the report and includes a series of broad questions on which contributors are asked to focus. Interested parties are invited to provide evidence in relation to the impact or effect of the competence in their area of expertise. The evidence received—subject to the provisions of the Data Protection Act—will be published alongside the final report in late 2013 and will be available on the new Government website: www.gov.uk.

The Department will pursue an active engagement process, consulting widely across Parliament and relevant committees, businesses, the devolved Administrations, judiciary and legal practitioners in order to obtain evidence to contribute to our analysis of the issues. Our EU partners and the EU institutions will also be invited to contribute evidence to the review. As the review is to be objective and evidence based, we plan to encourage a wide range of interested parties to contribute to ensure a high yield of valuable information.

The result of the report will be a comprehensive, thorough and detailed analysis of the findings and aid our understanding of the nature of our EU membership; it will provide a constructive and frank contribution to the wider European debate about modernising, reforming and improving the EU. The report will not, however, produce specific policy recommendations.

I am placing the call for evidence in the Libraries of both Houses. They will also be accessible through the balance of competences review pages on the Foreign and Commonwealth Office website.

Currency Counterfeiting (European Directive)

Chris Grayling Excerpts

Friday 10th May 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Government on 20 April decided not to opt in to the proposal for a directive of the European Parliament and of the Council on the protection of the euro and other currencies against counterfeiting by criminal law.

The proposed directive is a criminal law approximation instrument proposed under article 83.1 of title V of the treaty on the functioning of the European Union. Accordingly the UK’s title V opt-in applies. The directive builds on and updates the regime put in place by previous EU legislation and in particular the Framework Decision 2000/383/JHA (“the framework decision of 2000”). For those EU member states that will be bound by its terms the proposed directive will replace the framework decision of 2000.

The stated objectives of the Commission’s proposal are to counter the divergence in levels of sanctions between member states and difficulties in cross-border judicial co-operation, which, the Commission believes, have a negative impact on the effectiveness of the Union’s policies to protect currencies, and in particular the euro, against counterfeiting. The Government agree that a proportionate criminal justice response to counterfeiting requires robust national laws and effective international co-operation at the operational level. The UK contributes to the international fight against counterfeiting through the enforcement of our very robust criminal law on counterfeiting and through our active and continuing participation in international operational co-operation.

This proposal could have unwelcome legislative consequences for the UK, particularly as regards obligations in respect of minimum penalties and jurisdiction over counterfeiting offences committed by UK nationals overseas. The former is objectionable on the grounds that it is inconsistent with previously agreed EU Council conclusions on legislation on penalties and because of the obvious threat to the exercise of judicial discretion in sentencing for counterfeiting. As regards the latter, there are strong doubts about the practicability of exercising jurisdiction over UK nationals who are accused of committing counterfeiting offences overseas.

UK enforcement experience in the area of counterfeiting suggests that, should the UK be bound by all of the obligations contained in the directive, it would have very little if any positive impact on UK enforcement or on the UK’s participation in international operational co-operation and intelligence sharing. In light of this lack of utility and the concerns expressed above, the Government have decided that the UK will not be opting in to this directive.

Rehabilitation of Offenders

Chris Grayling Excerpts

Thursday 9th May 2013 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

With your permission, Mr Speaker, I would like to make a statement about the Government's plans for transforming the rehabilitation of offenders.

Reoffending rates in this country have been too high for too long. Last year, around 600,000 crimes were committed by people who had broken the law before. Almost half the number of offenders released from our prisons offend again within a year. That goes up to a staggering 58% for the group with the most prolific reoffending rates: those sentenced to prison terms of less than 12 months. This depressing merry-go-round of crime has a dreadful impact on the lives of law-abiding, hard-working people.

Reoffending has a devastating impact on the victims of crime, but it is also terrible value for the taxpayer. We spend more than £4 billion a year on prisons and probation, and despite significant increases in spending under the previous Government, overall reoffending rates have barely changed over the last decade and are now rising again. The status quo cannot continue; we cannot go on doing the same things, seeing the same faces come back through the system time and again, just hoping to get a different outcome. This has got to change.

Those who break the law need to be punished. In yesterday's Queen's Speech, we set out how we are going to clamp down on those who persist in the low-level crime that blights our communities, and for serious offenders it is absolutely right that they get a custodial sentence. I want to ensure that they are punished, and I want to send the strongest possible signal that offenders will not get away with their crimes. However, I also want to see them get their lives back on track, and that requires a thorough and thoughtful approach. Such offenders have a host of complex problems—a shocking number of them will have been through the care system, and many have come from broken homes and are addicted to drugs and alcohol. At the moment, prisoners serving sentences of less than 12 months are simply released on to the streets with £46 in their pockets and little else.

In the coalition agreement, the Government promised to bring about a rehabilitation revolution to tackle the unacceptable cycle of reoffending. Today I am publishing our “Transforming Rehabilitation: A Strategy for Reform” which sets out concrete plans to extend and enhance rehabilitation both in custody and in the community.

Probably the biggest failing of the current system is that those with the highest reoffending rates get the least rehabilitation. Our plans put that right. Today we are introducing legislation so that, for the first time in recent history, every offender released from custody will receive at least a year of supervision and rehabilitation in the community. The Bill will extend statutory rehabilitation to all 50,000 of the most prolific reoffenders—those sentenced to under 12 months in custody. By guaranteeing this support in law, we ensure that probation providers are working with those who are hardest to reach and most likely to reoffend.

However, it is not enough just to ensure that everyone who needs rehabilitation gets it. We heard during the consultation that there is often a disconnect between what happens in prisons, and what happens on the outside. Too many offenders are falling through that gap. Therefore, in addition to extending rehabilitation to more offenders, we will create a genuine through-the-gate service. That has been paid lip-service in the past, so this time we will do it differently. I have ordered the wholesale realignment of our prison estate to designate new resettlement prisons, where the same providers who will be working with offenders in the community will work with them for three months before release too. Combined with the reforms to the prison regime that we announced last month to incentivise engagement in rehabilitation, this is a significant change. We are, for the first time, creating real continuity between custody and community, bridging the gap which right now just leads many offenders back to a life of crime.

Our reforms will also open up rehabilitation services to a diverse range of new providers, ensuring that we bring together the best of the public, voluntary and private sectors, at local as well as at national level. These providers will have the freedom to innovate and to focus on turning around the lives of offenders. Our plans will also use competition to drive greater efficiency, which is vital to free up the resources we need so that we can extend rehabilitation to a wider group of offenders.

A cornerstone of our reforms is payment by results, which will focus providers relentlessly on rehabilitating offenders and actually driving reoffending down. We will give those providers the flexibility to do what works and free them from Whitehall bureaucracy, but the deal will be that they get paid in full only for real reductions in reoffending and crime.

Breaking the cycle of crime will mean fewer victims in the long term, but we cannot and will not forget our primary responsibility for public safety. Therefore, we are creating a new national probation service, working to protect the public and building on the expertise and professionalism that are already in place. Probation staff make a vital contribution to protecting the public from the most dangerous offenders and will continue to do so. Under the new system, every offender who poses a high risk of serious harm to the public will be managed by the public sector probation service. We also know that risk levels can change, which is why the public sector will have the right to review cases where risk is more volatile or where circumstances have changed.

We cannot just carry on with the status quo and hope that things improve. These reforms may be challenging, but they are essential none the less. They are part of a radical programme of reform across the whole justice system, making it ready to meet the challenges of the future, reforming offenders, delivering value for the taxpayer and protecting victims and communities. My aim is to deliver year-on-year reductions in reoffending.

That would be the right thing to do at any time, but at a time of tough financial constraints it becomes even more important. We need to ensure that the taxpayers’ money we spend on rehabilitating offenders actually makes a difference. The plans we are publishing today will ensure that all those sentenced to prison or community sentences are properly punished but that they also get the support they need to turn their backs on crime for good. Transforming rehabilitation will mean lower crime, fewer victims and safer communities. I commend this statement to the House.

[Mr Andy Slaughter (Hammersmith) (Lab)]

I thank the Secretary of State for advance sight of his statement—it is generous of him to share his thoughts with the House on this important subject so soon after briefing the national media. He is right that one of the best ways to cut crime, the number of victims and the cost of our criminal justice system is by tackling reoffending. It is disappointing that it has taken the Government three wasted years to reach that conclusion, but we welcome the intent of today’s announcement.

Reoffending rates are too high. We started to reduce them when we were in government—especially the rate of youth offending, which breaks the cycle of reoffending at an early point—but much more needs to be done. This is an ambitious programme. Unfortunately, it is based on fewer resources, on untried and untested methods and on putting faith in exactly those private sector organisations that have failed to deliver other major public sector contracts.

Let us take the proposal for support for everyone leaving prison—an extra 45,000 offenders on the Secretary of State’s figures. Can he explain to the House whether that is an uncosted demand for more resource or whether existing moneys will be spread much more thinly to deliver it? Resettlement prisons, as he said, represent a major restructuring of the prison system. What is the cost of that restructuring and what additional resources will go into preparing offenders for release? He knows that the prison estate is still chronically overcrowded and understaffed, so does he seriously think that a reorganisation can take place against such a backdrop? In London there is a major shortage of prison places, which means that offenders from London often end up housed hundreds of miles away from home and family, so how is resettlement to work here?

On release, even those who have served the shortest sentences are promised a year’s supervision and support with addiction, housing and employment. Who will pay for that at a time when drug treatment centres are closing? Housing is perhaps the most expensive item for newly released prisoners. On the “Today” programme, the Secretary of State speculated that housing associations would help out, so during the worst housing shortage for a generation are ex-offenders to get priority for social housing?

Who will fund the army of mentors, and who will vet them to ensure that the right people mentor offenders? The probation service has been cut by almost 10% so far and those cuts will continue. The service, which received an award for excellence two years ago, is by definition not to blame for rising reoffending by short-sentence prisoners, because they are currently unsupervised. However, it is not probation officers who will now undertake 70% of the supervision. The Justice Secretary places a great deal of faith in reformed old lags helping out, but he admitted on the “Today” programme that they will have to be paid. Professional probation officers sacked and replaced with ex-offenders: is this the Justice Secretary’s brave new world?

In reality, it is the Secretary of State’s old friends Serco, G4S and the rest of the cartel who will profit from today’s announcements. The 21 contracts are too large for smaller providers. An extra £500 million of public contracts are going to the people who gave us the Work programme and security at the Olympics. Now he is to impose his untested and untried payment-by-results methods on probation. Perhaps most seriously, a dangerous chasm will open up between public and private providers on the basis of an offender’s risk level, taking no account of the fact that in 25% of all cases offenders move between risk levels. Therefore, contrary to his assurance, private firms will be in charge of the most serious criminals, and we genuinely fear that that will put the public at risk. Failures in delivering probation services even to medium-risk offenders will mean that those guilty of domestic violence, burglary, robbery, sexual offences and gang activity will walk our streets unsupervised. Regardless of whether private sector providers deliver, they will still get paid at least 90% of the money. Do they have the incentive or the skills to supervise dangerous and violent people in the community?

Reducing reoffending while maintaining public safety should be our twin priorities. A focus on reoffending is to be welcomed, but the Government’s ill-thought-out policies and total reliance on payment by results are putting at risk the safety of communities up and down the country.

[Chris Grayling]

I plead guilty to having done a couple of media interviews this morning, but I am at least in the House right now. My opposite number, the right hon. Member for Tooting (Sadiq Khan), also gave some media interviews this morning but has not made it to the House, which is rather a surprise to me.

We learned an important lesson in opposition, which is that sometimes when one aspires to be a Government it is necessary to accept that something is the right thing to do. That is a lesson that today’s Opposition have not learned. I do not understand why they are coming out with this faux anger about what we are doing when the legislative foundations that enable us to push through these reforms were passed by the previous Labour Government. If they supported the concept then, why do they not support it now?

The hon. Gentleman asked about costs. That highlights an important difference between us and the previous Government. They believed that a problem would be solved by throwing money at it, and they ended up with an over-bureaucratic, over-complex system which simply did not deliver. Thanks to the work done by the Select Committee, we know that probation officers spend only about a quarter of their time at work on supervising offenders, while about 40% of their time is spent on providing support services. Are the Opposition really saying that it is not possible to run that system more efficiently and deliver support where it is needed to the offenders who are most likely to reoffend when they leave prison? Again, there is a divide between us and them. They think it is a question of spending more taxpayers’ money and having higher taxes; we want to get better value from the taxes that we already raise.

On resettlement prisons, again, it is about making our system work more effectively. At the moment, we move far too many prisoners all over the country in a fairly haphazard way. Over the past few months we have worked with prison governors and prison officer teams to work out a better way so that short-sentence offenders will almost always stay in one place and longer-sentence offenders will go to a prison close to where they will be released to ensure that when they are released we can deliver continuity of support through the prison gate. The Opposition should welcome that. It is the right thing to do and it should have been done years ago.

The hon. Gentleman asked about the past three years. It is only a few months since the Opposition were attacking me for not undertaking pilots on this issue. In fact, for the past few years we have been looking at how such a system would work, in Peterborough prison and in Doncaster prison. The work that has been done there is first-rate. It has also shown how effective older prisoners who are turning their lives around can be in supporting and mentoring younger offenders who have yet to do so. The hon. Gentleman needs to go out and look at what is happening, not in the world of big businesses, which his party’s Government contracted with regularly, but in the voluntary sector with some of our first-rate charities, where there are living examples of former offenders who have gone straight and who are now helping to turn around the lives of the next generation of offenders. I want to capture those skills in helping to bring down reoffending.



The hon. Gentleman questioned payment by results, but why is it such a bad thing in the eyes of the Opposition? They want to pay a whole-contract fee, but I believe that we should pay part of a fee based on whether the taxpayer gets a good deal or not. We should pay not unconditionally, but conditionally, and that is what we will do under these contracts. I want to pay for real results that bring down reoffending and crime.

Under the previous Government, reoffending barely changed. We ended up with a situation in which people were going round and round the system. We finally have a set of proposals that will start to change that. It is shame that this did not happen, not three years ago, but 13 years ago, when the Labour party was in power.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

If this reform can be carried through in such difficult financial circumstances, it will be one of the most valuable and important things this Government do. Does the Lord Chancellor agree that the system must be tailored so that charities and voluntary organisations can viably play their full part, and that the creation of a national probation service must not be allowed to undermine the local co-operation between agencies, which is vital to reducing reoffending?

[Chris Grayling]

I can give assurance on both those points. The national probation service will continue to have local delivery units operating at a local authority level with local agencies, which is essential, and multi-agency supervision will and should continue for the most serious offenders.

On charitable groups, I am clear that quality and the likelihood of delivering success in reducing reoffending will be crucial in the contracting process. This is not simply a money-saving exercise; it is about easing pressure on the system by reducing reoffending. That is what it is all about and the bidding process will ensure that quality rises to the top.

[Keith Vaz (Leicester East) (Lab)]

Breaking the cycle of crime means breaking the dependency on drugs. I welcome the Government’s decision for mandatory drug testing. Will the Secretary of State confirm that it extends to those who go in and out of prison as well as to those under 12-month supervision, and will he be very careful when choosing drug rehabilitation providers? A group such as G4S has expertise in tagging—it is obviously good at that—but it does not have expertise in drug rehabilitation.

[Chris Grayling]

The right hon. Gentleman makes an important point. It is always good to hear him make a thoughtful and measured contribution, which is not always true of the rest of his party. We have to be absolutely certain that the organisations we recruit to do the work have the expertise we need, particularly in the field of drug rehabilitation. I reassure him that I have no intention whatever to contract with organisations that cannot demonstrate that they have genuine expertise in delivering the solutions we need.

[Sir Edward Garnier (Harborough) (Con)]

I congratulate my right hon. Friend on his statement. I wrote about these proposals in a November 2007 paper called “Prisons with a Purpose”, and the previous Government should have done the very things under discussion a long time ago. May I urge my right hon. Friend to ensure that not just the big companies, but the smaller providers, such as charities and individuals, can carry people from prison out into the community so that there is no gap between incarceration and coming out into society? Will he also urge the people he deals with to ensure that people are able to read when they leave prison? The average prisoner has the reading age of an 11-year-old and it is not possible for them to get a job if they cannot read.

[Chris Grayling]

I agree with my hon. and learned Friend. One of the elements of the new contracts will be to combine resettlement services in prisons with post-prison support, so it is a genuinely joined-up service. His point about reading is of great importance. One of the encouraging things I saw in Peterborough is the way in which older, more experienced offenders who have gone through a longer process of rehabilitation in prison are starting to provide proactive help to the younger generation. I want to see those prisoners who can read teaching those who cannot to do so.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

Can I be helpful to the Secretary of State? The cohort who have been reoffending badly are those who have been in jail for a short period. Why not extend the duties of professional probation officers to deal with them? That would be one simple answer.

As I have asked the Secretary of State before, what happens when the untrained privateer wants to breach the offender? Who then makes the decision and on what evidence will it be based? He has said today that he cannot leave matters in abeyance and hope that things will improve, but instead he is just stepping out into the dark—and hoping that things will improve.

[Chris Grayling]

Breach will be a matter for the public probation service. May I take advantage of the fact the right hon. Gentleman is a Welsh Member to pay tribute to the leaders of the probation trust in Wales, who have been enormously helpful in shaping the proposals? Their work on plotting a new path for probation has been very influential. I also say to the people of Wales that we envisage there being a distinct entity for Wales within the new national probation service, as there should be.

[Sir Peter Bottomley (Worthing West) (Con)]

The target must be to have fewer crimes committed by fewer people and for criminals to continue committing crimes for a shorter period.

Will my right hon. Friend see whether figures can be published every six months on the number of people who have committed a serious criminal offence for the first time, the proxy for which will be those who have been convicted? I believe that the figure is about 1,800 a week.

Will he try to obtain a report every now and again on the people who have been released from jail that week who have a home, a worthwhile activity such as a job or training, and some kind of champion to help them go straight?

[Chris Grayling]

I am happy to look at what we can provide for my hon. Friend. He is right that we need to have the best possible understanding of what happens to people post-prison. We are putting in place a justice databank so that voluntary organisations that work in the area can understand the impact of their work. I will do my best to provide as much information to the House as possible about the issues that he raises.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The stress on rehabilitation is welcomed across the House, but is it correct that the public sector will not able to bid for the payment-by-results contracts? How can it be good to exclude some of the people with the most expertise and professional training in these matters?

[Chris Grayling]

No, that is not correct. I hope that we can pray in aid the spirit of the co-operative movement, which has played a great role in this country over the past 200 years. We are actively encouraging and supporting members of our probation teams who want to form mutual organisations to bid for the contracts, and I hope that they will do so.

[Philip Davies (Shipley) (Con)]

The figures from my right hon. Friend’s Department make it perfectly clear that the longer people spend in prison, the less likely they are to reoffend. That is largely because they have time to do things such as learn how to read before they are released. What weight does he place on the use of longer prison sentences to reduce reoffending? The Department is also clear that indeterminate sentences for public protection have the lowest reoffending rate of all sentences. Given that reducing reoffending is so important, why on earth have the Government got rid of the thing that had the lowest reoffending rate of all?

[Chris Grayling]

Let me reassure my hon. Friend that the length of time that people are spending in prison has been increasing, not decreasing. I agree that we need to take advantage of the opportunity to turn people’s lives around in prison. Those who say that short sentences do not work and should not happen always miss the point that 80% of the people who arrive in our prisons have been through a community sentence that has not worked. On sentencing, we have introduced extended determinate sentences, which means that people will probably spend more time in prison for serious offences than would previously have been the case.

[John McDonnell (Hayes and Harlington) (Lab)]

With such a major reform, it is important that the right hon. Gentleman takes the existing staff with him. Will he clarify what consultations will take place with the trade unions in prisons and probation services? On prisons, the redesignation of individual prisons means that there may well be a reassessment of the number of staff who are needed and of the skills and training that are required. On probation, morale is precarious and there are concerns about the failure to allocate the supervision of medium-risk prisoners because of the potential risk to the general public.

[Chris Grayling]

With a major reform such as this, it is always important to do everything that we can to take staff with us. The Under-Secretary of State for Justice, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), who is responsible for prisons and probation, will meet the unions today. We have regular contact with staff organisations across the Department and that will continue.

I hope that probation staff will look on today’s proposals as an opportunity. I have talked about the potential for a co-operative approach in some areas, about greater professionalisation in the probation service and about a highly skilled public probation service. The strategy is not about getting rid of people who work with front-line offenders; it is about extending the system and making it more efficient so that we can provide more support to the people who need it.

[Dame Angela Watkinson (Hornchurch and Upminster) (Con)]

One of the biggest stumbling blocks for repeat offenders who want to turn their lives around and be productive and law-abiding is finding paid employment. Has my right hon. Friend held any discussions with potential employers in the private or public sector who would be willing to take that risk and offer employment to people with criminal records?

[Chris Grayling]

We are working hard to increase links with employers. The amount of work done in prisons has increased dramatically, and much of that takes place with potential post-prison employers—I pay tribute to the rail industry, for example, and the work it is doing. As we roll out these reforms, I want Jobcentre Plus and Work programme providers to be more closely involved with prisons, and to do everything we can to ensure that people flow from prison into employment. If we talk to most prisoners about what they would like to do when they leave, the answer is get a job. We must help them do so.

[Kate Green (Stretford and Urmston) (Lab)]

The Secretary of State said that payment in full would be dependent on results. Can he say what proportion of payment will be dependent on success, and what proportion will take the form of an up-front fee?

[Chris Grayling]

The answer to that is: as of yet, not exactly, because there will be a bidding process. I emphasise again, however, that that will not be simply about cost, and that quality will be at least as important as cost and the proportion of the contract put at risk. It will not be 100% payment by results because we must pay for orders of the court. I intend the providers to have some of their money at risk so that they have every incentive to perform on our behalf.

[Mr Philip Hollobone (Kettering) (Con)]

My constituents in Kettering are fed up with repeat offenders, but incensed when those people are foreign nationals. The best way to have fewer crimes committed by fewer people is to ensure that foreign nationals cannot reoffend because after their first offence they are sent home.

[Chris Grayling]

I rather agree with my hon. Friend. He and I both sit on the Eurosceptic wing of the Conservative party, but one thing I welcome within the confines of the European Union is the prisoner transfer agreement. That is being ratified across the EU, and I hope it will soon allow us to send quite a lot of the people he is talking about back to their home countries where they belong.

[Derek Twigg (Halton) (Lab)]

The right hon. Gentleman cannot avoid the fact that under the previous Labour Government, reoffending rates fell. I have a specific question that he keeps avoiding. One key determining factor in stopping people reoffending is getting a job and housing. Given that thousands of people in my constituency who are not offenders and have not been to prison cannot get a job or housing, what practical measures will he put in place to provide better access to jobs and housing for offenders?

[Chris Grayling]

We want to try to ensure that everyone gets a job and is housed. Everyone in the hon. Gentleman’s constituency has a vested interest in ensuring we bring down reoffending, because otherwise there will be more victims of crime. One thing I expect to see—this is already happening in parts of the provider community —is housing capabilities being part of the bids, and we already have partnerships between voluntary sector organisations and housing organisations to deliver better support for offenders. I want closer ties between Jobcentre Plus, Work programme providers and those delivering rehabilitation. We must ensure that we get as many offenders as possible back on the straight and narrow when they leave prison, to avoid having more victims of crime than we have today.

[Nick de Bois (Enfield North) (Con)]

I warmly welcome the proposals outlined by the Secretary of State, and he will know that they have evolved and been trialled with organisations, charities and voluntary groups such as the St Giles Trust. Will he ensure that as the programme is rolled out, smaller organisations that drive much of the innovation and change, and many of the good ideas, will have a fair crack at getting their talents recognised in partnerships with larger primes, as well as a bid process that is not too cumbersome?

[Chris Grayling]

That latter point is important and we will try to ensure that the bid process is as simple as possible for smaller organisations, and that it is as simple as possible for partnerships to be formed. I am not attracted by simply having a universal prime and subcontractor model. In Peterborough and Doncaster, for example, partnerships are already being formed between the private and voluntary sectors in a way that can make a real difference. Such partnerships are to be welcomed.

[Ian Lucas (Wrexham) (Lab)]

In a parliamentary answer, the Under-Secretary of State for Justice, the hon. Member for Kenilworth and Southam (Jeremy Wright), stated that

“public sector entities will not be able to bid”

for probation contracts

“as they will not be able to carry the financial risk.”—[Official Report, 25 March 2013; Vol. 560, c. 955W.]

Will the Secretary of State confirm that public sector contracts cannot be awarded to probation trusts?

[Chris Grayling]

Self-evidently, the existing structure of public probation trusts cannot take risk on behalf of the taxpayer, but staff are welcome—they are being helped actively—to establish co-operative movements and social enterprises that bid for the business. That is to be welcomed. I am not sure whether the hon. Gentleman is a Labour and Co-operative Member, but he sits with many who are. Surely he welcomes that approach.

[Dr Julian Huppert (Cambridge) (LD)]

I congratulate the Justice Secretary on his statement. Rehabilitation is a long-held Liberal Democrat value. We need to focus on reoffending rather than engage in a competition as to who can be the most draconian and pose about it. He is right to highlight short-term prison sentences and to provide probation support. He knows that such sentences are expensive but not effective. Does he agree that spending more money on rehabilitation and on better community sentencing might be a better way of using it?

[Chris Grayling]

I can reassure my hon. Friend that the issue unites the coalition—there has been a lot of talk of the coalition parties having differences on policy, but let us champion a policy on which we are united on the need for change. As hon. Members will see when they read the document, one thing that is different in the package I have announced is that we are building rehabilitation support into community sentences. Clearly, the aim is to ensure that people do not get to prison in the first place. My goal is to see prison numbers fall steadily not because we want to close prisons for its own sake, but because fewer people reoffend, and we therefore do not need to put them in jail in future.

[Karl Turner (Kingston upon Hull East) (Lab)]

When probation officers dared to criticise the Secretary of State’s bonkers plans, he put a gagging order on them. When the chairman of the Criminal Bar Association criticised the Secretary of State’s bonkers ideas for criminal legal aid, he refused to meet him. Is it criticism he cannot stand, or engaging with the professions within the justice system?

[Chris Grayling]

The hon. Gentleman needs to stop believing everything he reads in the papers.

[Karl Turner]

They told me.

--- Later in debate ---

[Chris Grayling]

My ministerial and I colleagues have regular meetings with leading figures in the legal profession and with leading probation staff, and will continue to do so. I most recently had meetings with both the Bar Council and the Law Society within the past couple of weeks.

[Karl Turner]

You’re telling fibs.

--- Later in debate ---

[Angie Bray (Ealing Central and Acton) (Con)]

I welcome the measures announced by my right hon. Friend to help young offenders. Does he agree that we can provide help through smaller charitable and voluntary organisations, such as Action Acton in my constituency, which does excellent work? Does he also recognise that some smaller organisations find that waiting a long time for payment by results stretches their resources to breaking point?

[Chris Grayling]

My hon. Friend makes an important point. We intend to ensure that any passing of risk down a supply chain is done in a transparent way. We will do everything we can to protect the interests of smaller organisations, but they must take advantage of that protection and not simply sign up to deals that they cannot afford.

[Ian Lavery (Wansbeck) (Lab)]

There is no doubt in my mind that the proposals are simply the privatisation of a highly valuable, well performing public service—the probation service. Despite a cut of more than £1.8 million last year, the Northumbria Probation Trust in my area is one of four trusts graded excellent performers. Why does the Justice Secretary not just admit it and come clean that the statement is not about reoffenders or the general public, but about the prize of privatisation, political dogma and ideology?

[Chris Grayling]

I understand full well where the hon. Gentleman comes from politically. The problem with his argument is that the legislation that enables me to make these proposals was passed by the Labour Government.

[John Glen (Salisbury) (Con)]

I welcome the statement and the Justice Secretary’s sense of mission and purpose. However, on payment for results, I ask him to be cautious of creating perverse incentives to meet targets, and to ensure that the measures are sufficiently nuanced to take account of the behavioural challenges in getting difficult categories of offenders fully clear of reoffending. The measures must be sophisticated enough to deal with such complexity.

[Chris Grayling]

That is a very important point. We took careful heed of the responses to our consultation on this matter. The mechanism for payment by results will contain two elements: an overall reduction in the reoffending rate of a cohort of offenders referred to a provider, and a measure for the overall reduction in the number of crimes committed by that cohort. That will mean that a prolific offender cannot simply be parked in the corner and ignored: there will be a financial incentive for a provider to work with every offender.

[Diana Johnson (Kingston upon Hull North) (Lab)]

During the 12 months of support I understand that there will be cannabis testing and that individuals will be required to attend drug treatment services. Will the Minister explain how that will be costed, and which of the new NHS bodies will be responsible for providing and commissioning those services?

[Chris Grayling]

There are already drug testing services in place for offenders who are on licence and who are believed to have a drug issue. We are simply extending the testing from class A to class B drugs, and taking the power to do that testing through the 12-month period. That will be dealt with within the costing of the package as a whole.

[Damian Hinds (East Hampshire) (Con)]

Financial capability also plays a vital part in rehabilitation. Will the Secretary of State encourage partners in through-the-gate support to look carefully at the pilot programmes undertaken by some banks and in particular by credit unions, to help people to budget, save and participate fully in the legitimate economy?

[Chris Grayling]

That is a fair point. A range of different issues affect reoffending. I expect our providers to provide a glue between the different organisations that can play a role in reducing reoffending, with help on debt advice, housing options, rehab support and so on. Providing that central support, help and encouragement for the individual will be of fundamental importance.

[Andy McDonald (Middlesbrough) (Lab)]

May I echo the comments of my hon. Friend the Member for Kingston upon Hull East (Karl Turner) on the perceived lack of engagement with those in the legal profession on some of the proposals, particularly those relating to criminal legal aid? They do feel that they are not being listened to. Given that payment by results is at the cornerstone of the proposals, if the Secretary of State cannot say now whether it will be 25% up front and 75% payment by results—or 50:50, 75:25 or 90:10—will he indicate when he can outline the proposals with more clarity? A number of excellent third sector providers will want to engage with this process and they need to have that information sooner rather than later.

[Chris Grayling]

The whole point of the bidding process is to look at quality, price and the proportion that individual organisations will be able to put at risk. We will publish a detailed tender document in due course, and that will give indicators of options and parameters within which they can work. I intend to publish that document for the House at the appropriate time. On meeting the legal profession, hardly a week goes by at the moment without a member of my ministerial team or myself having a detailed discussion with senior figures of representative groups in the legal profession. The last such meeting I held was yesterday.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Given the drive across government to support the recovery of those addicted to drugs and alcohol, can the Justice Secretary assure me that offenders will not be released without planning— they are often released on a Friday night, into the hands of dealers sitting on the streets—but will be met by rehabilitation experts, those who provide a network of recovery champions referred to by my hon. Friend the Member for Worthing West (Sir Peter Bottomley) and those who know best how to enable people to go straight?

[Chris Grayling]

I can give that assurance. First, I am looking hard at the issue of Friday night releases. Secondly, the through-the-gate structure will ensure that whenever someone leaves prison they will be met at the gate by an organisation that will take immediate care over their lives. Thirdly, Members will see in the document that a joint project between the Ministry of Justice and the Department of Health will be trialled to measure the impact of a more substantial through-the-gate rehabilitation treatment service, with a view to extending it more broadly as and when we know the results.

[Neil Carmichael (Stroud) (Con)]

I welcome today’s statement for two reasons: first, its focus on reoffending, which is exactly the right thing to do; and secondly, the emphasis on continuity between being in prison and going out beyond prison, which is critical. Will the Lord Chancellor bear in mind, however, the importance of education during the rehabilitation process? In particular, young people who cannot read or communicate properly are at a disadvantage, and the process he envisages could well help in that field.

[Chris Grayling]

My hon. Friend is right that basic skills are fundamental to helping somebody get a job. I hope and expect that we will now have a much greater connection between resettlement services and education courses post-prison. I want somebody who cannot read properly and might have started training in prison to come straight out of prison and into the local college to continue that work. With the kind of support we will be providing, that will be much more likely to happen.

[Robert Neill (Bromley and Chislehurst) (Con)]

I warmly welcome my right hon. Friend’s statement. From my 30 years’ experience as a practitioner at the Bar of the criminal courts of this country, I know that the disconnect to which he refers has existed for many years, but has not previously been acted on.

On the specific steps, can my right hon. Friend reassure me that the proposed local partnership arrangements will fully involve local authorities in that process and respect the work being done on community budgeting? Furthermore, does he agree that the work of those in the voluntary and charitable sector, which turns these people’s lives around, is one of the most powerful means of getting messages through to ex-offenders and that their work deserves rather more respect than it appears to be given by the cavalier comments from the Opposition Front Bench?

[Chris Grayling]

I rather agree with my hon. Friend. I can certainly reassure him that we will be looking for organisations that can demonstrate the ability to maintain partnerships where they are necessary. I am at a loss as to why the Labour party does not seem to think that using the expertise of the former offender gone straight to help turn around the life of a younger offender is anything but a very good idea. I ask them to get out of Westminster a bit and visit some of the charities where it is already happening to see the impact. It is substantial and we should make more of it.

[Gareth Johnson (Dartford) (Con)]

Does the Secretary of State agree that behind every short term of imprisonment is a reason for offending, yet the lack of a system prevents us from getting to the root of that reason? We need the probation service or any other provider to ensure that we work and assist these offenders in the longer term, because if we get this right, it provides the best opportunity in a generation to turn these offenders away from a life of crime.

[Chris Grayling]

My hon. Friend is absolutely right. We have chosen an extended one-year period of supervision even for people who receive very short sentences, because those who go to prison for a few weeks are those in danger of going back to prison again and again and for longer and longer. If we can stop them doing so early on, ideally before they get to prison in the first place, by providing rehabilitation support for those on a community sentence, we can stop the cycle of reoffending that he is right to say is damaging.

Judicial Review

Chris Grayling Excerpts

Tuesday 23rd April 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I have today laid and published the Government’s response to the engagement exercise “Judicial Review: proposals for reform”, which ran from 13 December 2012 to 24 January 2013.

The Government sought views on a series of proposals which aimed to reduce the burdens placed on public authorities by judicial review while maintaining access to justice and the rule of law. Over 250 responses were received from a range of stakeholders including professional lawyers, representative bodies, businesses, public authorities and interested individuals.

Having carefully considered the views of stakeholders we have decided to take forward the following proposals outlined in the engagement exercise:

We intend to shorten the time limit for bringing a judicial review from three months of the grounds giving rise to the claim to six weeks in planning cases and 30 days in procurement cases.

We will remove the right to a reconsideration at a hearing of the application for permission to bring judicial review in cases where the application is certified as totally without merit by the judge considering the application on the papers.

We have decided to introduce a fee for an oral renewal hearing. The fee will be set at the same level as the fee to fix a substantive hearing for a judicial review, which is currently £215. The fee for a full hearing will be waived if permission is granted at the oral renewal.

Responses also highlighted certain practical difficulties with some of the proposals. In view of this we have decided not to take forward proposals on clarifying the rules on when the time limit starts in cases with continuing grounds, and removing the right to an oral renewal if the same matter had already been litigated in a prior judicial hearing.

We believe that the proposals we are taking forward will tackle delays and reduce the burden of judicial review by filtering out weak, frivolous and unmeritorious cases at an early stage, while ensuring that arguable claims can proceed to a conclusion without delay.

The Government intend to invite the Civil Procedure Rules Committee to consider the necessary changes to the civil procedure rules to give effect to the reforms to time limits and the procedure for applying for permission. We will bring forward secondary legislation for the fee for an oral renewal in due course.

Legal Aid

Chris Grayling Excerpts

Monday 15th April 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

On 9 April I published the consultation paper “Transforming Legal Aid: Delivering a More Credible and Efficient System”, copies of which have been placed in the Library and are available in the Vote Office and Printed Paper Office.

We have already implemented a programme of reforms to legal aid comprising reductions in fees paid to criminal and civil legal aid service providers and changes to civil legal aid scope and eligibility. Those reforms should deliver savings of some £320 million per annum in 2014-15.

However, against a backdrop of continuing pressure on public finances, we need to continue to bear down on the cost of legal aid to ensure we are getting the best deal for the taxpayer and that the system commands the confidence of the public. These new proposals aim to do so in ways that ensure limited public resources are targeted at those cases which justify it and those people who need it, drive greater efficiency in the provider market and for the Legal Aid Agency, and support our wider efforts to transform the justice system.

While the earlier reforms have done much to ensure that taxpayer funding is targeted at those who most need it, there remain some anomalies which we believe undermine the credibility of the scheme and of the wider justice system. We do not, for example, believe it is right for the taxpayer to fund the Crown Court defence of those who can afford to pay, for civil cases that lack merit, for weak judicial review cases, or for matters which are not of sufficient priority to justify public money and which can be resolved through non-legal channels. We are also clear that someone should have a strong connection with the UK in order to benefit from civil legal aid.

The primary focus of our proposals is in relation to crime, where we are still spending over £l billion a year. We are proposing to introduce a model of competitive tendering, initially in criminal legal aid work only and over a longer period in civil and family services. Our preferred approach is to introduce competition for the full range of litigation services (except very-high-costs cases (crime)) and magistrates court representation. For criminal advocacy, we propose to restructure the Crown Court advocacy fee scheme in ways that should help encourage efficient working and the prompt resolution of cases, consistent with our overall objectives for the criminal justice system, and to reduce the use of multiple counsel. We are also proposing to reduce fees paid in very-high-cost cases (crime), which are the small number of cases that attract a disproportionately high level of spend. The overall effect on advocates will be to rebalance the fee income so those at the top take the greatest reduction, while those earning the lowest fees may actually see a small increase. We also propose limited reform to civil legal aid and experts’ fees to ensure they are fair and consistent with those paid for similar work, represent better value for money and reflect efficiencies within the justice system.

We estimate that the proposals set out in this consultation would, if implemented, deliver savings of some £220 million per annum in 2018-19.

Review of Cautions

Chris Grayling Excerpts

Monday 15th April 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Secretary of State for Justice, together with the Home Secretary and the Attorney-General, launched on 3 April 2013 a review of simple cautions. This will examine the way in which simple cautions are currently used, and consider the need for any changes to policy or practice to ensure that there is transparency, accountability and public confidence in the use of simple cautions as a disposal.

The review will include (but not necessarily be restricted to) the examination of:

existing guidance and practice relating to the use of simple cautions;

the question of whether there are some offence types for which the use of simple cautions is generally inappropriate—and if so, what procedures should be adopted;

the multiple use of cautions;

the need for increased scrutiny of, and accountability for, the use of a caution in any given case, or the general approach adopted in a police force area to the use of cautions as a disposal; and

the impact on individuals of accepting a caution—taking into account the recent case of T v. Chief Constable of Greater Manchester and others.

While I do not intend to conduct a formal public consultation, officials will work widely and closely with the main criminal justice bodies, (police, prosecutors, the magistracy and judiciary), as well as the wider legal community and those voluntary and third sector organisations with an interest in the criminal justice system.

The review will report to criminal justice Ministers by the end of May 2013 and any Government proposals stemming from consideration of this will be brought forward in due course.

Court and Tribunal Reform

Chris Grayling Excerpts

Tuesday 26th March 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I have previously set out my plans for reform of rehabilitation services and youth custody, and will shortly be setting out proposals for further reforms to legal aid. I am today announcing that I have asked my Department to explore proposals for the reform of the resourcing and administration of our courts and tribunals.

The courts and tribunals are at the centre of our justice system, relied on by the public to enforce their rights and uphold the rule of law. As in other areas, we need to look at the way we deliver our services to provide a more efficient service that delivers access to justice quickly and effectively, while delivering value for money for the taxpayer. At the same time, we must preserve the independence of the judiciary which lies at the heart of our constitutional arrangements.

Our courts and judiciary command great respect around the world and we should be proud of their international reputation and the contribution they already make to our economy. This country is a major centre for legal services and dispute resolution. I want to explore how we can further enhance the position of the UK at the centre of the international legal market and the revenue it can generate.

I also want to ensure that those who litigate in our courts pay their fair share, and that it is possible to raise the revenue and investment necessary to modernise the infrastructure and deliver a better and more flexible service to court users.

I have therefore asked my Department to consider appropriate vehicles to achieve these aims, and the organisational structures that might best support this. I am clear that any new model must support the administration of justice as a core pillar of our constitution and its effective delivery will remain an important responsibility of the state.

I have discussed these ideas in outline with the Lord Chief Justice and the Senior President of Tribunals and will continue to work closely with the judiciary as to the detail of these reforms, as well as work with the relevant Parliamentary Committees.