Convention Against Torture

Damian Green Excerpts

Tuesday 3rd December 2013 Written Statements

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

My right hon. and noble friend the Minister of State for Justice, Lord McNally, has made the following written ministerial statement:

The optional protocol to the convention against torture (OPCAT), which the UK ratified in December 2003, requires states parties to establish a “National Preventative Mechanism” (NPM) to carry out visits to places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. The Government established the UK NPM in March 2009—[Official Report, 31 March 2009, Vol. 490, Part No. 57, column 56WS].

I am informing the House that the following three organisations are formally designated as additional members of the UK NPM:

Lay Observers, in England and Wales;

Social Care And Social Work Improvement Scotland, better known as the Care Inspectorate (instead of the Scottish Commission for the Regulation of Care, which no longer exists), in Scotland;

Independent Custody Visitors Scotland, in Scotland.

Deaths in Custody (Black People)

Damian Green Excerpts

Monday 2nd December 2013 Commons Chamber

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

I thank my hon. Friend the Member for Broxbourne (Mr Walker), the hon. Member for Hackney North and Stoke Newington (Ms Abbott) and, indeed, the right hon. Member for Tottenham (Mr Lammy) for their powerful speeches and remarks. They are powerful because every death in police custody—irrespective of race, ethnicity or nationality—is a tragedy that this Government take very seriously. Every effort should be made by the police to ensure that those they come into contact with are treated proportionately, humanely and lawfully, and that their personal well-being is of paramount importance when they are detained against their will in whatever custody setting.

This debate has focused particularly on the treatment of black people in police custody, and I would like to go through a number of important points that my hon. Friend made, starting with his remark that the number of black people of Afro-Caribbean origin dying in police custody is disproportionately high, when the overall population is taken into account. In that regard, we need to step back. Looking at custody populations as a whole, we see that there is an over-representation of black people. The reasons for this are complex and at this stage we do not fully understood them. Indeed, there appears to be an over-representation of black people across the whole of the criminal justice system. The Ministry of Justice is conducting work to look more closely at the reasons for this, identifying where there is real disproportionality in the system and seeking to develop an appropriate response to it. That is where the disproportionality lies; it is not necessarily, as in the most tragic cases, only the deaths of black people in police custody that are relevant.

There is no statistically significant difference among those who die in custody based on membership of any particular racial or ethnic group. The IPCC statistics for 2012-13 show that there were 15 deaths in or following police custody, of which 14 were white and one was mixed race. Looking further back at the 2011-12 period, there were also 15 deaths, of which one was a black person and one of mixed race. The 2011 IPCC report on long-term deaths in police custody concluded that the ethnic breakdown of deaths in custody appeared to be broadly in line with the make-up of detainees more generally. I entirely accept that there is disproportionality in the criminal justice system, but it does not occur only in the context of deaths in custody.

My hon. Friend the Member for Broxbourne rightly raised the issue of mental health and policing. I am aware that black people are one and a half times more likely to be detained under section 136 of the Mental Health Act 1983. In response to the fact that such a high proportion of people with mental health problems—and of all or any racial origins—are being dealt with by the police, we have introduced a series of measures to improve the way in which they are handled.

People with mental health problems deserve care, support and treatment, particularly if they have not committed a criminal act. They have a right to expect to be treated by the health service rather than finding themselves in the hands of the police, who will always go to help in an emergency, but who are clearly not trained as mental health professionals. The Home Office has been conferring closely with the Department of Health, and we will shortly publish a concordat agreed by nearly 30 national organisations, agencies and Departments. It will provide national leadership by setting out the standard of response that people suffering mental health crises and requiring urgent care should expect, and key principles on the basis of which local health and criminal justice partners should be organised. It will leave not just the health service but the criminal justice agencies in no doubt about what is expected of them. It is precisely because a disproportionate number of black people are finding themselves sectioned under mental health legislation that the coming improvements in mental health provision will have a particular impact on those people.

One of the standard—and perfectly correct—complaints is that too often the police are relied on to transport people who would be better transported by ambulance. The Association of Ambulance Chief Executives is drawing up a national protocol on the transport of people suffering mental health crises—section 136 detainees —which I hope and expect will act as a catalyst for wider change and improvements.

The underlying point made by my hon. Friend was that any death in custody is one too many. Of course there needs to be continuous scrutiny, and work of that nature is now overseen by the Ministerial Council on Deaths in Custody. The council was established in 2009, and was initially intended to exist for three years. However, we have demonstrated our commitment to this essential work by agreeing to fund it for a further three years.

[Richard Fuller (Bedford) (Con)]

My right hon. Friend has heard from my hon. Friend the Member for Broxbourne (Mr Walker) and from the hon. Member for Hackney North and Stoke Newington (Ms Abbott) about a long-term trend. He talks of changes happening, but, given that the trend has been continuing for a long time, can he give us an assurance that change will indeed come? Change is often promised, but it rarely comes into effect. I think that tonight’s debate is about change actually occurring, rather than being promised.

[Damian Green]

My hon. Friend has made a valid point. I hope to explain to him in a moment about the changes that are happening and those that have already happened, but let me first say a little more about the Ministerial Council on Deaths in Custody, because it is an extremely important institution. As well as a practitioner and stakeholder group, it has an independent advisory panel on deaths in custody. The panel has just created a two-year research project for the University of Greenwich, which will deal systematically with a number of the current problems. The university will conduct a review of the role of mental illness and deaths in all state custody, and an evaluation of the efficacy of information sharing between youth offending teams and the secure estate in relation to the assessment and management of the risk of self-harm and suicide among children and young people. Tonight’s debate, and other conversations in which I have taken part, suggest to me that I should consider whether the ethnicity of individuals who lose their lives in custody should also be included in that research project.

Let me move on to the changes and the specifics. My hon. Friend the Member for Broxbourne had some harsh words to say about the IPCC, which must be notified of any death that occurs in police custody. Following the investigation into the death of Sean Rigg and the findings of the Home Affairs Committee inquiry into the IPCC, it is carrying out a review into how deaths in, or following, police custody are investigated. A progress report was published in September, and the final report is due to be published next year.

Changes are happening. The Anti-social Behaviour, Crime and Policing Bill includes new powers for the IPCC, which it has requested to strengthen its remit and functions. I agree with my hon. Friend that it has not been a perfect institution in the past. It has had failings, so we have strengthened its functions and we have increased its funding. The functions include powers to enable the IPCC to recommend and direct that a police force instigates unsatisfactory performance procedures in cases that involve death or serious injury. It will have extra resources from the police, too.

My hon. Friend mentioned the time it has taken for the deceased to be returned to their families as a result of inquests. Under the Coroners (Investigations) Regulations 2013, which came into force in July as part of a package of reforms, coroners must release the body of the deceased for burial or cremation as soon as possible. If the coroner cannot release the body within 28 days, he or she must notify the known next of kin or personal representative of the reasons for the delay. When there is a criminal investigation into the death, there may be more than one post-mortem examination, but the coroner will make every effort for the body to be released at the earliest opportunity.

I should also draw the House’s attention to the recent appointment of His Honour Judge Peter Thornton QC as the first chief coroner of England and Wales, who is playing a key part in setting new national standards in the coroner system. I hope that will have a direct effect on the important questions we are debating tonight.

My hon. Friend talked about the requirement for police officers to answer questions posed to them by the IPCC. In December last year the Government brought forward emergency legislation to ensure police officers were required to attend interviews when requested by the IPCC. If we went further, as my hon. Friend suggested, and compelled police officers to answer questions in criminal investigations, that would put them in a worse position than members of the public, who have to attend but are not required to answer questions. It would seem perverse to have fewer rights for police officers than for other members of the public.

My hon. Friend also talked about the end of face-down restraint. In health settings, this is obviously a matter for the Department of Health. I understand it plans to end its use in health settings, which I am sure will be extremely welcome to my hon. Friend.

My hon. Friend and the hon. Member for Hackney North and Stoke Newington talked about the practice of off-the-record briefings, which can often stain the reputation of someone in a way that persists even when it is unjustified. The Leveson inquiry reset and clarified the boundaries of the relationship between the police and the media and covered recommendations relating precisely to off-the-record briefings. The Government have accepted all the recommendations relating to the police and, together with partners, are continuing to implement them.

My hon. Friend also talked about equality of representation. I would simply say that inquests are not trials. Unlike other proceedings for which legal aid might be available, there are no parties in inquests, only interested persons, and witnesses are not expected to present legal arguments. Legal advice and assistance before the inquest hearing via the legal help scheme is available to interested persons. Legal help can be used, for example, to assist in the preparation of a list of written questions that they wish the coroner to explore with other witnesses.

My hon. Friend also talked about the independent investigation of deaths in NHS mental health settings, as opposed to police settings. NHS England is working to make the investigation of deaths in hospital settings more independent. The work will conclude shortly, and guidance to NHS commissioners will be published early in the new year. I hope that he can therefore see that, across the board in this sensitive and vital area, there is a significant amount of change.

I want to conclude by reassuring the House that the Government are working to ensure that people are treated proportionately and humanely when in police custody. The number of people losing their lives in police custody has fallen. In 1998-99, there were 49 deaths; last year there were 15, and there were the same number this year. However, there is still a lot of work to be done. I can absolutely assure the House that, through the Ministerial Council on Deaths in Custody, and through working with other Government Departments, campaign groups and, indeed, the families of the deceased, I will make sure that this issue remains high on the Government’s list of priorities.

Question put and agreed to.

Mental Health (Police Procedures)

Damian Green Excerpts

Thursday 28th November 2013 Westminster Hall

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

I echo the congratulations that have been given to the hon. Member for Bridgend (Mrs Moon) on the way in which she introduced the debate, and to my right hon. Friend the Member for Sutton and Cheam (Paul Burstow) and my hon. Friend the Member for Halesowen and Rowley Regis (James Morris), in the latter case particularly for his energetic chairmanship of the all-party mental health group. I shall start briefly with the general subject of mental health reform and then move on to the specific policing aspects of the matter. In doing so, I hope to sweep up a lot of the specific questions that have been asked during the course of this very good debate.

Mental health reform is clearly key to the wider programme of health reform, and the Government want to see mental health issues receiving parity of esteem with physical health issues. The mandate to NHS England has a specific objective

“to put mental health on a par with physical health, and close the health gap between people with mental health problems and the population as a whole.”

We have shared our developing work with the Welsh Government, as health, obviously, is devolved, and I know that they, too, are considering these matters.

As a basic principle, which has been expressed by many hon. Members on both sides of the debate, it is impossible to argue that people facing mental ill health should not have their health needs met by professionals who are able to provide appropriate support and treatment. The police are not best placed to provide that, but they may have a key role to play in identifying vulnerabilities among people with whom they come into contact.

Essentially, the police come into contact with four groups of people who may have mental health problems. First, there are people who have committed a crime, or are arrested on suspicion of committing a crime. For those people, it is essential that we strike the right balance between bringing offenders to justice and helping people get access to appropriate interventions in order to tackle factors, such as mental health problems, that may be contributing to their offending behaviour. In the second group are those who come into contact with the police because a member of the public has concerns for their safety or for the safety of others, but when no crime has been committed. In the third are people who may have been reported as missing. As the hon. Member for Bridgend pointed out, they may be elderly and have a history of dementia, or they may be people known to mental health services whose families or carers have reported them as missing. The fourth category is victims of crime or witnesses who may themselves have mental health problems and need support at every stage of the criminal justice system, as my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) pointed out.

I will go through those groups. We have heard about the review by Lord Bradley, who highlighted that a significant proportion of prisoners have some form of mental health problem. One key recommendation was that to make that contact with the criminal justice system work, we needed to put offenders in touch with treatment and other support services that can help stop their behaviour escalating into more crime. There are currently more than 50 adult and almost 40 youth liaison and diversion services working with offenders with mental health problems, substance misuse problems or learning disabilities at the earliest point of contact with the police and courts.

To answer the questions that my right hon. Friend the Member for Sutton and Cheam asked about what is happening next, from April 2014 we will introduce an enhanced core model across a number of selected areas. The aim is to ensure that those services can lessen health inequalities and improve justice outcomes for people who come into contact with the criminal justice system and for whom a range of complex needs are identified as factors in their offending behaviour. My right hon. Friend was right to say that a business case has been submitted to the Treasury. He asked the eternal question of when we will hear back, and I can tell him that the decision is imminent.

We also know that there is a clear link between mental health problems and deaths in custody. That is a very serious issue. Obviously, every death in police custody is a tragedy, and that is a priority matter for the Government. Work in the area is overseen by the ministerial council on deaths in custody. The council’s independent advisory panel has recently awarded a two-year research contract to the university of Greenwich, which will be working on a number of projects to consider the impact of mental health problems on deaths in custody. Those projects will cover a wide range of the issues that have been brought up in individual cases in this debate and elsewhere. That is one stream of work.

Obviously, the Independent Police Complaints Commission has a vital role to play in the investigation of deaths in custody. It must be notified of any death that occurs in police custody, and it is currently carrying out a review of how deaths in or following police custody are investigated. A progress report on the review was published in September, and the final report is due to be published early next year.

Although that is one group of people affected, most of the debate has rightly involved another group with whom the police regularly come into contact: people suffering from mental ill health who have not committed and are not suspected of committing any crime. There may be concerns for their safety or for the safety of others, and they may need to be detained in a place of safety for that reason. However, all too often, those people, who are ill, find themselves in police stations. Many contributors to the debate made that point.

Her Majesty’s inspectorate of constabulary’s report on the use of police cells as a place of safety for individuals detained under section 136 of the Mental Health Act found that in a number of areas, the use of police cells remained unacceptably high. Again, my right hon. Friend the Member for Sutton and Cheam made that point. We know that during 2012-13, almost 8,000 section 136 orders were made for which a police station was the place of safety. As has been said, that is more than one third of the total number of section 136 detentions. Straightforwardly, that is unacceptable, other than in truly exceptional circumstances. Those are people who are likely to be in crisis, and they need and deserve proper care and support from people qualified to provide it.

My right hon. Friend the Home Secretary announced to the Police Federation, at its conference in May, that she was taking action, along with my right hon. Friend the Secretary of State for Health, to ensure that people with mental health problems receive the care, support and treatment that they need, and that police officers are freed up to do their job of fighting and preventing crime. That work has made significant progress. The most visible sign of it will come shortly when the concordat, which has been agreed by almost 30 national organisations, agencies and Departments, is published early in the new year. A lot of work has gone on between the Home Office and Health Ministers on this matter—that relates to a point made by my hon. Friend the Member for Totnes (Dr Wollaston). I am happy to assure her that I have been working closely with my hon. Friend the Minister of State at the Department of Health, who is responsible for care and support and has overall responsibility for mental health policy.

The concordat will be an extremely important document in taking us forward. It will provide national leadership by setting out the standard of response that people suffering mental health crises and requiring urgent care should expect, and key principles around which local health and criminal justice partners should be organised. It will leave agencies in both the criminal justice and health fields in no doubt about what is expected of them.

There has been a lot of talk about places of safety. I know that interim arrangements have been made in North Yorkshire—the only police force area without a single facility at the time of the Home Secretary’s announcement—and that health-based places of safety will open in York and Scarborough early next year.

The hon. Member for Bridgend asked about exclusion criteria. The concordat will state that people suffering a mental health crisis should be supported in a place of safety, and that there should be no automatic criteria that exclude individuals, although their safety and the safety of others is the paramount consideration. She and others, including my hon. Friend the Member for Halesowen and Rowley Regis, mentioned the street triage pilots, which have obviously been extremely beneficial. The pilot by Sussex police went live on 16 October and other forces are having their launches in December. West Midlands police is moving along with this, and so is the Metropolitan police. Rather than all the pilots coming to an end at once, and there then being an assessment and then something else happening, what seems to be happening is that other areas are picking up the benefits and expanding the system. I am conscious that it is being expanded in the east midlands as well.

The point has been made that too often, the police end up transporting people who ought to be transported by ambulance. The Association of Ambulance Chief Executives is drawing up a national protocol on the transportation of people in mental health crisis, which I hope will act as a catalyst for wider change and improvements.

My hon. Friend the Member for Halesowen and Rowley Regis made a pertinent point about the need for a review of the operation of sections 135 and 136 of the Mental Health Act 1983. Options for a review of those sections are currently being examined, and I expect that work to get under way this financial year.

There has been much mention of children in the debate. The practice of routinely holding in police custody children in a state of mental distress is, of course, unacceptable. Again, that will be dealt with in the coming concordat. Obviously, I take the point that young people and children are central among all the groups of people for whom it is inappropriate that they should find themselves in a police cell in the middle of the night during a mental health crisis. That is one of the changes that we need to see.

There was a request from the hon. Member for Bridgend for better data collection. The College of Policing, which, incidentally, will be doing much of the training work that the Chairman of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), asked for, recognises the important issues surrounding mental ill health and policing. In its short period in existence, it has already held an awareness event with deputy chief constables. They have agreed on the need not just for clearer guidance about the use of restraint—again, I take the point made throughout the debate about the difference between mental health restraint and police restraint—but for better capture of data and evidence about the operational demands on police. The college now has a national group working to take that forward.

The third group that I mentioned was missing people. It is estimated that four out of every five adults who go missing are experiencing a mental health problem when they disappear. If those people have dementia, they may be frightened, be unable to find their way home or exhibit aggression. The police will often be the first port of call when someone goes missing, so in responding to such calls, the police need to work closely with health services and other agencies to ensure that people can be safely transferred to the most appropriate place.

Our missing children and adults strategy highlights the importance of local areas considering whether they need to be doing more to protect children and vulnerable adults who go missing, and provides a framework for them to do that. The move to bring together the Child Exploitation and Online Protection Centre and the UK Missing Persons Bureau in the National Crime Agency will result in improved integrated working by law enforcement across the UK, including missing persons investigations.

The last group that I mentioned was victims and witnesses. The new victims’ code, which will be implemented the week after next, will ensure enhanced support at every stage of the criminal justice system, including a new entitlement to ask that special measures be used in court and to be provided with information about the support that registered intermediaries can provide.

As the usual gateway to the criminal justice system, the police will have a duty to conduct an early needs assessment to identify victims who may be particularly vulnerable—including those with mental health issues—and therefore eligible for enhanced services. Such victims will be advised of the availability of pre-trial therapy, and access to such therapy will be facilitated if needed.

We are legislating to provide police and crime commissioners with the power to commission support services for victims of crime. We intend that, from October next year, the majority of emotional and practical support services for victims of crime will be commissioned locally by PCCs rather by than central Government. PCCs are well placed to consult, and identify the needs of, victims in their local area and to determine how best to meet those needs.

Responding to people with mental health problems is not something that any agency or organisation can do alone. In many areas, PCCs are already playing a pivotal role in encouraging agencies to come together to address the issue. The work that I have talked about highlights the importance of joint working nationally and locally in order to make a real difference.

It is obvious that the police have, and will continue to have, a key role in dealing with mental health issues as they arise. They need to be adequately trained to identify vulnerabilities and behaviours that require further intervention, but they are not and cannot replace health professionals. Both types of professionals should be left to do the job that they are best at doing and trained to do, because that, in the end, will be the best response for mental health patients themselves.

Expert Evidence in Criminal Proceedings

Damian Green Excerpts

Thursday 21st November 2013 Written Statements

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

Today, I have placed in the Libraries of both Houses a copy of the Government response to the Law Commission’s report “Expert Evidence in Criminal Proceedings”. The Law Commission’s investigation followed concerns expressed by the House of Commons Science and Technology Committee in 2005. The report was extremely thorough, and concluded that legislation was needed to bring existing common law provisions into statute, to provide judges with additional powers to exclude expert evidence, and to create a new “reliability test”. However, administration of this test would require additional pre-trial hearings, which have cost implications to which the Government cannot, at this time, commit.

Rather than seek to bring in new legislation, I intend to ask the Criminal Procedure Rule Committee to make changes to the rules relating to the timing and content of experts’ reports. Although this will not provide judges with additional powers—as proposed by the Law Commission—it will put them in a position to use their existing powers more effectively, by ensuring that they have more information at an earlier stage about any expert evidence which it is proposed to adduce.

Topical Questions

Damian Green Excerpts

Wednesday 20th November 2013 Ministerial Corrections

[Bob Blackman (Harrow East) (Con)]

T3. The modern scourge of human trafficking is still with us. What action is my right hon. Friend taking to bring perpetrators to justice and to compensate the victims?

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

My hon. Friend will know that the Home Secretary will shortly be publishing a modern slavery Bill that will deal with many of the issues that he rightly raises. Since July 2011, every trafficking victim has received Government funding, via the Salvation Army. The figures last year were about £3 million, with about 928 victims having received this vital support over the past year.

[Official Report, 12 November 2013, Vol. 570, c. 798.]

Letter of correction from Damian Green:

An error has been identified in the answer given to the hon. Member for Harrow East (Bob Blackman).

The correct answer should have been:

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

My hon. Friend will know that the Home Secretary will shortly be publishing a modern slavery Bill that will deal with many of the issues that he rightly raises. Since July 2011, every trafficking victim has received Government funding, via the Salvation Army. The figures last year were about £3 million, with about 928 victims having received this vital support since the start of the contract in July 2011 by June 2013.

Simple Cautions Review

Damian Green Excerpts

Tuesday 19th November 2013 Written Statements

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

The Secretary of State for Justice, together with the Home Secretary and the Attorney-General, on 3 April 2013 launched a review of simple cautions. The review examined the way in which simple cautions are currently used, and considered 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 included—but was not 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.

The review reported to the Justice Secretary, Home Secretary and the Attorney-General. Following detailed discussion and an examination of the report’s findings, CJS Ministers agreed to accept the recommendations of the review, namely that:

The Government should remove the availability of simple cautions for indictable-only offences unless there are very exceptional circumstances and the caution has been approved by a chief officer, while continuing to allow the use of the conditional caution for these offences. This can be achieved either through toughening the guidance or through legislating. We will also seek to restrict the use of simple cautions for particularly serious either way offences which would ordinarily attract custodial sentences or high-end community orders if the offender is found guilty following a trial.

We should also restrict the use of simple cautions for repeat offenders beyond the position as set out in the guidance.

We believe there is a compelling case for simplification and consolidation of the existing guidance. We also recommend further strengthening the existing guidance regarding cautioning in serious cases.

That there is greater local accountability and scrutiny of decision making. Each force should have a senior officer identified as responsible to provide local leadership and accountability and by making use of local scrutiny panels.

While the imposition of a caution is an operational policing matter we believe there is a compelling case for forces to review strategy and usage of cautions and other out of court disposals on an annual basis. Particular scrutiny should attach to the question of cautions for serious and repeated cases. There is clear potential for police and crime commissioners to play an active role in providing transparency and assurance for the public on this issue.

The presentation of data on cautions, and any accompanying narrative, should continue to draw a clear distinction between youth and adult cautions and simple and conditional cautions, although there is a need for consistent operating principles between these wherever possible. More use can be made of police.uk to ensure that the data is easily accessible to the public.

While this review has limited itself to adult simple cautions, it has concluded that in view of wider concerns which have been voiced during the review, there would be a good case for conducting a wider review of other statutory and informal out of court disposals for both adults and youths to ensure that the framework is rational, understood by all practitioners, and maintains public confidence, and that there are no inadvertent effects from any changes to the simple caution regime in isolation.

The Government have revised the guidance on simple cautions, which is published on the Ministry of Justice website, and have published the report of the review of simple cautions alongside the consultation document on the wider out of court disposals framework which is due to conclude by 9 January 2014. A copy of all of these documents has also been placed in the Libraries of both Houses.

Oral Answers to Questions

Damian Green Excerpts

Tuesday 12th November 2013 Commons Chamber

[Helen Jones (Warrington North) (Lab)]

4. What steps he is taking to ensure that the needs of vulnerable witnesses are properly considered in court.

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

The Government are committed to putting victims first at every stage of the criminal justice system. We are implementing a wide range of reforms to make sure that victims and witnesses get the support they deserve and to ensure that their voice is heard. This includes work to improve awareness of, and access to, support services and special measures in court, and the piloting of recorded pre-trial cross-examination of vulnerable and intimidated witnesses.

--- Later in debate ---

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

This Government are committed to putting victims first and we will give them a voice at every stage of the criminal justice system. The new victims code published on 29 October will provide extra support for victims and witnesses by offering them greater protection throughout the criminal justice process, a louder voice, and better redress. Victims will now be able to say whether they would like to read out their victim personal statement in court to explain how the crime has affected them.

[Harriett Baldwin]

The Justice Secretary has been to Hanley Swan post office and met my constituents, Alan and Ros Davies, whose lives were devastated by a cruel attack from a prisoner on early release. Can he assure them, and other victims, that their voices and support needs will always be considered ahead of those of violent criminals?

[Damian Green]

I am aware of the terrible consequences of what was a very serious crime. It is precisely for such victims of crime that we are now providing a voice in court. If they so wish, they can read a personal statement to the offender, looking the offender in the eye, and many victims have said that that would have made a very big difference to them in the past.

[Karl MᶜCartney]

I was pleased to hear that the new victims code will automatically inform victims of their right to make a statement in court. Does my right hon. Friend agree that it is important that services for victims of crime are not only commissioned locally but that we maintain our existing courts structure? As a justice of the peace, I specifically include magistrates courts, which help to safeguard a local perspective.

[Damian Green]

I agree that it is important for victims to be able to inform the court directly, through the personal statement, about how a crime has affected them. I also agree about the great importance of magistrates for local justice; indeed, that is precisely why I am leading work to broaden and strengthen their role in delivering justice.

[Mr David Hanson (Delyn) (Lab)]

Given that the Minister has broken up the funding for victim support and devolved it down to police and crime commissioners, and refused to make it mandatory in the Crime and Courts Act 2013, what guarantees can he give that some new scheme in future will provide uniform victim support services across the United Kingdom?

[Damian Green]

Some services will continue to be provided nationally, as I am sure the right hon. Gentleman is aware. The bulk of the funding is indeed being devolved to police and crime commissioners, who are all enthusiastic, across party boundaries, to maintain and improve victim services. Those who are closer to the specific problems of a local area are likely to be more sensitive to the needs of that area than the old top-down, centralist system that the right hon. Gentleman still clearly hankers after.

[Dan Jarvis (Barnsley Central) (Lab)]

Why are victims of crime not entitled to a full-time Victims’ Commissioner?

[Damian Green]

I welcome the hon. Gentleman to his post and regret that his first question attacks the Victims’ Commissioner, who is doing an extremely good job. She is helping us with the victims code, and she has made a significant difference. She has reviewed the operation of the probation service’s victim contact scheme. She will, I think, show that the terrible experience she has had herself will contribute to her role as Victims’ Commissioner. I hope that across the Floor of this House we can get behind the Victims’ Commissioner.

[Mr Gary Streeter (South West Devon) (Con)]

7. What progress is being made on reducing illegal drug use in prisons.

--- Later in debate ---

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

14. What his policy is on funding victims services in London.

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

More money than ever before is being made available for services to support victims of crime, with a potential total budget of up to £100 million—double the Ministry of Justice’s current spending of around £50 million. That means that more will be spent on victims of crime in London, with the Mayor of London making decisions on how the majority of the money will be spent.

[Mike Freer]

The figures I have from the Mayor of London show that victims in my constituency and across London will receive a 40% cut in victim support. Will the Minister agree to a capital city uplift so that my constituents are not disadvantaged?

[Damian Green]

It is simply not the case that there will be cuts in funding to London. As I have said, nationally, we are increasing funding considerably. Our current estimate is that, under the current indicative budget, London will receive more funding than is estimated to be spent under current Ministry of Justice funding arrangements. We are determined to continue to provide quality services to victims of crime both in London and in the rest of the country.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

It is accepted that there will be more money overall but, from all the figures, it looks as if Greater London, which has more than one in four of all victims of crime and more than one in five of all crime referrals to victim support, will receive a much smaller percentage. Is the Minister willing to accept an all-party group of London MPs to put the case for victims to be funded properly?

[Damian Green]

I am always very happy to meet my right hon. Friend and London colleagues from both sides of the House. Indeed, I met the Deputy Mayor for Policing and Crime to discuss the subject yesterday, so I am well aware of the situation. I repeat that there will be more money for London than there is under the current arrangements.

[Bob Blackman (Harrow East) (Con)]

Nevertheless, my right hon. Friend will be aware that victims of crime in North Yorkshire will receive £166 per head, but that victims of crime in London will receive only £24 per head. The fact is that £3 million extra is required to change that anomaly. Will he agree to an uplift for the capital, rather than victimising the victims?

[Damian Green]

I reject the thought that victims are being victimised. I can only repeat that, in London, as in the rest of the country, victims of crime will have more spent on the services available to them under our new system than under the current one. I would have hoped that London Members welcomed that increase.

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

17. What assessment he has made of the most recent quarterly statistics on knife possession sentencing under the new offence of aggravated knife possession, published in September 2013.

--- Later in debate ---

[Bob Blackman (Harrow East) (Con)]

T3. The modern scourge of human trafficking is still with us. What action is my right hon. Friend taking to bring perpetrators to justice and to compensate the victims?[Official Report, 20 November 2013, Vol. 570, c. 6MC.]

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

My hon. Friend will know that the Home Secretary will shortly be publishing a modern slavery Bill that will deal with many of the issues that he rightly raises. Since July 2011, every trafficking victim has received Government funding, via the Salvation Army. The figures last year were about £3 million, with about 928 victims having received this vital support over the past year.

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

T2. The Secretary of State will know that 12 years ago five children and three adults were murdered by a gang of wicked men. Recently, the Parole Board, against the advice of probation and forensic psychologists, released one of those men before his minimum sentence had been served. What is going on in the Parole Board that it is releasing such men into the community?

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

T4. My right hon. Friend will be aware that there has previously been considerable disquiet within the country over the effectiveness of community penalties, in both marking the gravity of offences and ensuring the effective rehabilitation of offenders. I know that he is alive to those concerns, but I would be grateful if he told the House what steps he is taking to ensure they are met.

[Damian Green]

I entirely share my hon. and learned Friend’s concerns about public confidence in community sentencing, which is precisely why we have changed the system so that in the future every community order must contain a punitive element. Indeed, the Offender Rehabilitation Bill creates a new flexible rehabilitation activity requirement to aid the rehabilitation of offenders while they are doing some community activity.

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

T7. Companies such as G4S and Serco have lucrative, multi-million-pound contracts to provide public services. When will the Secretary of State adopt Labour’s plan to extend the Freedom of Information Act to these companies, so that the public have an equal right to know?

Police and Crime Commissioners (Wales)

Damian Green Excerpts

Wednesday 6th November 2013 Westminster Hall

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

It is always a pleasure to serve under you, Mr Amess. I congratulate the hon. Member for Blaenau Gwent (Nick Smith) on obtaining the debate. He raised a number of interesting and legitimate questions relating to the powers and performance of police and crime commissioners in Wales, and I will seek to respond to all of them. I hope that he will agree with me that police officers and staff in the whole of Wales—not just in Gwent—are making a significant contribution to the successful fight against crime. In that context, I am grateful for his support for the role of the PCC.

Given all the points made by the hon. Gentleman and by other hon. Members about PCCs and policing, I shall start by talking about the context in which the PCCs operate. The Government inherited a policing landscape disconnected from the public. There was a lack of local democratic accountability, as the public had no direct involvement in the old police authorities. At the same time, there was too much central Government interference through centrally imposed targets that stifled police professionalism and discretion, and there was too little Government focus on tackling national concerns such as organised crime.

Reform was necessary, but it had to take place against a very tough financial background. Despite that background, we have embarked on the most radical reform of policing in 50 years. The reform is aimed—PCCs are central to this—at ensuring that the police are more responsive to the public and more transparent in their work. I hear what the hon. Gentleman says about transparency and I will deal with that in detail in a second. The reform is also aimed at ensuring that the police are more flexible in their approach and more suited to the demands of the 21st century.

At this stage, it is clear from the figures that matter that the reforms are working. Crime is down to the lowest level ever recorded. Let me narrow the focus to Gwent. In the period from June 2010 to June 2013, crime in Gwent went down by 29%. In the past year, since the election of the police and crime commissioner, it has fallen by 4%. I will not weary hon. Members with the figures for the other three police regions in Wales, but they are all consistent with that.

Gwent has had the biggest fall of any of the police regions in Wales, but all of them show significant falls, both over a three-year period and over the past 12 months. The test that we in the Government put on the police is now a simple one. We swept away all the targets; we just ask them to cut crime, and they are doing so. They are doing so across Wales and in particular in Gwent. Everyone involved is to be congratulated on that.

Of course, we have not reached the end of the reform process—one never does. The reforms continue, and the next and most radical phase of police reform is aimed at transforming front-line policing. We want every police officer to fulfil their potential and to feel a greater sense of professional pride, so that the public get a better service. The impetus for change now lies both with the police and with the PCCs.

[Paul Flynn]

The Minister will have noticed that the trend of reducing crime was accelerating before the arrival of the PCCs, but does he really think that a level of support for a candidate of, say, between 6% and 8% of the total vote is any kind of meaningful democratic involvement?

[Damian Green]

I agree with the point, which many people have made, that one would have wished the turnout to be higher. It was not ideal, but the fact was that 5 million people cast votes in last year’s elections and that is approximately 5 million more than ever had a say in the police authorities that the PCCs replaced. Police authorities were unaccountable, invisible bodies. Now, people have the chance to elect the police and crime commissioner.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

Does my right hon. Friend agree with the senior Dyfed Powys police officer who told me that it might be between two and five years before we are able properly to assess the benefits or otherwise of police and crime commissioners? Perhaps it will be then that we will see whether there is public appreciation of them and voter turnout might be somewhat different.

[Damian Green]

My hon. Friend makes a very good point about the length of time. Now that we are more or less up to the first anniversary of the PCCs, we can see what each of them has done and can make a realistic assessment of their effectiveness, rather than simply looking at the turnout in the elections last November.

Let me deal with some of the specific issues that the hon. Member for Blaenau Gwent and others brought up. One was transparency. I find it difficult to accept the criticism that PCCs are in any way less transparent than the system before. I defy any Member of the House to have gone out before last November, asked their constituents who the chair of the police authority was and expected more than one in a million to know the answer. They were completely invisible; we know that.

Specific criticism was made of the police and crime commissioner in Gwent. I have been on his website and found that, on the page entitled “Transparency”, he says:

“As well as the information we have a legal responsibility to provide under the…Act…and The Elected Local Policing Bodies (Specified Information) Order…we have…agreed to make the agendas and minutes of the Strategy and Performance Board…and the Joint Audit Committee…available. The SPB is where the Commissioner holds the Chief Constable to account and the JAC provides comments, advice and assurance on matters relating to the internal control environment of both the Chief Constable and the Commissioner.”

There is a series of pages, whose titles include “Gifts and Hospitality”, “Register”, “Publications”, “Finance”, Performance”, “Decisions Made”, “Estates Register” and “Complaints Information”.

The document is transparent. A person does not even need to be in Gwent to see it; they can sit in London and find out quite a lot of detail about what the police and crime commissioner in Gwent is doing. I gently suggest to the House that none of that would have been available 12 months ago, because police authorities did not have to do that sort of thing.

[Nick Smith]

I perfectly accept the anonymous nature of police authorities before PCCs came along. However, does the Minister not accept that we only found out that the PCC in Gwent had effectively sacked the chief constable—made her resign—because of a leak in the local newspaper?

[Damian Green]

I will return to the departure of Carmel Napier; I said that I would deal with each individual issue that came up.

Regarding the point about Winston Roddick, I think there was some feeling in the intervention and response of the hon. Member for Cardiff South and Penarth (Stephen Doughty) that a cloud hung over Mr Roddick in some way. There had been an allegation that he did not live in the area for which he had been elected. The Independent Police Complaints Commission found no evidence to support that allegation and therefore did not pass on the investigation file. Its report said:

“Considering the evidence provided by witnesses, voters and credit checks, the supporting mobile phone cell site analysis and the account provided by Mr Roddick, in my opinion, there is no evidence that a criminal offence may have been committed by Mr Roddick.”

I think we should put the matter to bed.

[Stephen Doughty]

Is the Minister aware of the complaint that has been made by four of the five candidates for the north Wales police and crime commissioner elections in recent days—both about the IPCC decision and about other matters that have come out as a result of that investigation? Notwithstanding what he has just said, will he look further into the matter?

[Damian Green]

The point about the IPCC—the clue is in its title—is that it is independent. It is not for me or any Minister to intervene in its investigations. It is independent. It looked into that complaint, and I have just read out its verdict.

[Wayne David]

Regarding the situation in north Wales, surely the Minister will agree that it is at least morally wrong that a Liberal Democrat candidate was elected but never declared that he was a Liberal Democrat. That was the case with Mr Roddick.

[Damian Green]

What candidates choose to describe themselves as at elections is, perhaps happily, not a matter for Ministers. I merely observe a point that has been made by many others after people have claimed that being an independent means that one is not a politician: being an independent means that someone is a politician who will not tell people what their politics are, which is what I have always believed.

[Paul Flynn]

The point is a serious one. In the dark age before 1987, when my constituency had a Conservative Member of Parliament, a certain Winston Roddick had stood and described himself as a Liberal Democrat. He stood in north Wales as an independent, and then metamorphosed into a Liberal Democrat overnight. Is that not likely to bring the whole process into disrepute?

[Damian Green]

There is a long history of people changing parties throughout long political careers—indeed, the greatest ever Englishman—Winston Churchill—did it. I feel that it is not necessarily for the House to comment on the issue.

Many PCCs have done extremely good work. In Gwent, Ian Johnston has actively promoted a drug intervention programme, which has seen a 15% rise in participants over the past year. I shall be non-partisan about the issue. Only one of the four PCCs in Wales is in my party, but I have examples of all of PCCs doing good work.

In south Wales, Alun Michael has launched a number of evidence-based initiatives with partners—for example, working with two health trusts to analyse and reduce the number of violent incidents that result in victims being taken to A and E. In north Wales, Mr Roddick has asked the chief constable to devise an operational delivery plan to tackle rural crime, with a rural crime team already in place to act as a contact point for farmers and residents. In Dyfed Powys, Chris Salmon has worked with his chief constable so that all stations there now operate on a “when we’re in, we’re open” principle—if a member of the public calls at a station when an officer is in, the caller will be attended to.

The point that I made about public scrutiny bears repeating. PCCs are subject to public scrutiny in a way that police authorities never were. The public now know whom to turn to and whom to hold responsible if they have concerns regarding policing in their area. We know that 73% of the public in England and Wales are now aware of the role of PCCs, which contrasts with the 7% of the public who knew what to do if they had a complaint under the old police authorities.

[Stephen Doughty]

The Minister has been generous in giving way. What is his relationship with the PCCs in Wales? What specific concerns have they raised with him to which he has been able to respond positively? Is he able to give any examples? For example, has he discussed police funding for south Wales and Cardiff as the capital city?

[Damian Green]

I regularly meet all the PCCs. I have met the PCCs in Wales as a group. They are, as all people are, energetic in pleading their own cause. I always listen as sympathetically as is sensible.

It is interesting to note the change in the amount of public correspondence that the PCCs receive. Some have reported a fiftyfold increase in public correspondence over the year to date compared with the old police authorities. The public are engaging with the PCCs, and the PCCs are becoming key local leaders across the whole criminal justice system.

I should deal with the case of Carmel Napier, because that was an important part of the hon. Member for Blaenau Gwent’s speech. First, I should, as I am sure others who know her would want to, thank Carmel Napier for three decades of service to the police and for her leadership—not just in Gwent, but at a national level—on improving the police response to violence against women and girls.

It is clear under the legislation that it is for police and crime commissioners, not Ministers or Members of Parliament, to make decisions about appointing, suspending and removing chief constables. The process for a PCC to remove a chief constable is set out in legislation and, contrary to some of the points made earlier, includes strict safeguards. There is a police and crime panel, which has a wide remit to review or scrutinise decisions made by a PCC.

As has been mentioned, the PCC has the power to appoint a new chief constable, and has done so in Gwent this week. It is for the commissioner to determine who is best placed to lead the local constabulary. That is provided for in legislation. For the first time, there are confirmation hearings and proper public scrutiny of the event, which in the past happened behind closed doors and in secret.

[Wayne David]

Will the Minister give way?

--- Later in debate ---

[Damian Green]

May I finish this passage? I have been generous in giving way.

The Home Office has issued a circular to advise PCCs and chief constables of the principles and legal requirements for appointing chief officers. In addition, as part of its role in supporting PCCs and chief constables, the College of Policing has developed guidance and a toolkit for making senior appointments. The college also supports PCCs by providing details of career history, skills and qualifications of prospective chief constables to ensure that commissioners have as much information as they need.

[Nick Smith]

The Minister has been generous in giving way. Given the controversy over crime recording in Gwent, will he consider asking Her Majesty’s inspectorate of constabulary to look into the claim that crime figures were capped in Gwent?

[Damian Green]

That was the final point I was determined to get to before I sat down. I reassure the hon. Gentleman that HMIC is in the process of conducting a review of crime recording integrity—precisely his point. That review is of all forces, so it will include Gwent. The integrity of the crime figures in Gwent is being investigated by HMIC as we speak. It will break the investigation down into two parts.

[Nick Smith]

One detail is missing from the Minister’s answer. Will the HMIC please look into the capping of crime figures in Gwent?

[Damian Green]

As I said, HMIC is conducting a general investigation into integrity, and it will no doubt be aware of the hon. Gentleman’s concern.

I hope that I have been able to respond to all the concerns raised by hon. Members. The reforms will continue. I want to see PCCs take a greater role in cross-cutting issues, leading to less wasted police time and bureaucracy and a better use of technology. We want to see more force collaboration and greater public understanding of how their local force functions. We want PCCs in Wales to build on their—

Victims of Crime

Damian Green Excerpts

Tuesday 29th October 2013 Written Statements

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

Today the Government have published a new Code of Practice for Victims of Crime (the Victims' Code).

The Victims' Code applies to all victims of criminal offences under the National Crime Recording Standard (NCRS) and sets out the services to be provided to victims of crime in England and Wales by criminal justice agencies.

The old code, written in 2006 was in need of revision as it was out of date and did not meet victims' needs - that is why the Government committed to review the code in the response to the 'Getting It Right For Victims and Witnesses' consultation in July 2012.

From 29 March to 10 May this year the Government held a public consultation on “Improving the Code of Practice for Victims of Crime”, seeking views on a draft code. The 197 responses received helped to inform the drafting of the new Victims' Code published today.

The new Victims' Code is written in plain English with victims of crime as the target audience. It meets the Government's commitment to deliver an accessible code that works for victims. It is structured around the journey victims of crime face when they come into contact with the criminal justice system and sets out the information, services and support they can expect to receive at every stage of the process. This includes enhanced entitlements for victims who are most in need, namely:

victims of the most serious crime;

persistently targeted victims; and

vulnerable or intimidated victims.

Key improvements to the new Victims' Code include:

Strengthening the voice of the victim by putting the Victim Personal Statement under a statutory code for the first time and giving an entitlement to victims to choose whether they would like to read their statement aloud in court or to have it read aloud on their behalf if the defendant is found guilty.

A separate chapter for businesses and an opportunity for businesses of all sizes to make an impact statement so that their voice is fully heard.

Information on restorative justice for victims of adult offenders for the first time. This includes a duty on criminal justice agencies to meet existing quality standards and put in place robust safeguards to ensure repeat victimisation does not occur.

An improved complaints process so that victims are better able to hold criminal justice agencies to account if things go wrong.

A new dedicated section for victims under 18 and their parents and guardians written in an accessible way.

An automatic referral of all victims to support services has been retained in the final version of the code. This change to the consultation version of the code will ensure consistent and immediate access to support services is provided to all victims.

It is crucial to the success of the new Victims' Code that victims, criminal justice practitioners and victims' organisations are fully aware of the services and support that victims of crime are entitled to receive. The Government are developing a wide-ranging communications package to raise awareness of the code, including leaflets on the code in various formats including EasyRead; a YouTube video and educational materials for use by schools, local government and voluntary organisations. This will help to make sure victims know what they are entitled to and that criminal justice agencies fulfil then obligations under the code.

A Statutory instrument will be laid in November, which will bring the code into force in December.

Copies of the new Victims' Code are available in the Vote Office and the Printed Paper Office. The Government Response to the consultation has been deposited in the libraries of both Houses. More information on the code and relevant consultation documents can be found on the Ministry of Justice website at: https://consult.justice. gov.uk/digital-communications/code-victims-crime.

Balance of Competences (Review)

Damian Green Excerpts

Monday 21st October 2013 Written Statements

[The Minister for Policing and Criminal Justice (Damian Green)]

I wish to inform the House that, further to the Foreign Secretary’s oral statement launching the review of the balance of competences in July 2012 and the written statements on the progress of the review in October 2012 and May 2013, the Ministry of Justice has published its call for evidence in the area of fundamental rights.

The report will be completed by summer 2014 and will cover the overall application and effect of EU instruments and action in the area of fundamental rights.

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 in summer 2014.

The report will focus on the European Union’s action on fundamental rights, but not on the European Union’s actions on each specific right: these are being covered by other, subject-specific reviews. The report will cover the EU’s fundamental rights framework including the treaties, case law and the charter of fundamental rights, as well the work of the Fundamental Rights Agency and the funding programmes on fundamental rights. It will also cover the European Union’s accession to the European convention on human rights, although the foreign policy review published in July 2013 has already referred to this.

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 summer 2014 and will be available through the balance of competences review web pages on gov.uk.

The Department will pursue an active engagement process, consulting widely across Parliament and its relevant Committees, business, civil society, the devolved Administrations and legal practitioners. 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 will encourage the broadest possible range of interested parties to contribute.

The report will be a comprehensive, thorough and detailed analysis of EU action in this area that will aid our understanding of the nature of our EU membership; it will provide a constructive and serious 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. The call for evidence will also be available through the balance of competences review pages on gov.uk.