Personal Injury
David Gauke Excerpts(5 years, 1 month ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Damages Act 1996 (“the Act”) requires the Lord Chancellor to start a review of the personal injury discount rate within 90 days of and including the date on which the amendments made to the Act by the Civil Liability Act 2018 came into force, which occurred on 20 December 2018.
The Act requires that the Lord Chancellor conducts the review and determines whether the rate should be changed or kept unchanged within 140 days of and including the day on which the review starts. It also requires the Lord Chancellor, in conducting the review, must consult (a) the Government Actuary and that this consultation must start within 20 days of and including the start of the review; and (b) the Treasury.
In accordance with these statutory requirements, I have decided to start the review today (19 March 2019) with the consequence that I must conduct the review and make the determination about the rate on or before 5 August 2019.
I will start my consultation with the Government Actuary no later than 7 April 2019 and will start my consultation with the Treasury at the same time.
I have placed copies of the Terms of Reference that I propose to issue to the Government Actuary and the Treasury for their respective consultations in the Libraries of both Houses of Parliament.
I will make a further announcement on the completion of the review.
[HCWS1427]
Oral Answers to Questions
David Gauke Excerpts(5 years, 2 months ago)
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Ellie Reeves (Lewisham West and Penge) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
We have been clear that probation needs to improve, and we have taken decisive action to end current community rehabilitation company contracts and develop more robust arrangements to protect the public and tackle reoffending. I am determined to learn lessons from the first generation of contracts in developing future arrangements. I believe that public, private and voluntary providers all have a role to play. We want to improve integration under new arrangements so that providers are able to work together effectively to protect the public and tackle reoffending.
Ellie Reeves
The recently published National Audit Office report on probation services highlighted not only the staggering additional costs of privatisation but the fact that CRCs are failing to provide even the most basic rehabilitation services. With nearly £0.5 billion-worth of bail-outs and only six out of 21 CRCs achieving significant reductions in reoffending, is it not now time to put probation back where it belongs, under public ownership and control?
Mr Gauke
The hon. Lady talks about costs and bail-outs. We have to remember that we are spending considerably less on CRCs than was anticipated when the contracts were entered into—some £700 million less—but it is right that we learn the lessons from the first generation of contracts. I am not satisfied with where we are, and the NAO has raised its concerns. We have also heard concerns from the inspectorate of probation, and we need to learn the lessons. It is important that this continues to be a mixed market. There is a place for the private sector and the voluntary sector, as well as for the public sector, in probation.
Robert Neill (Bromley and Chislehurst) (Con)
As the Secretary of State knows, the Select Committee on Justice has looked into this area in some depth. Would he agree that the most important issue is not the ownership of the contracts or who provides this service but ensuring that there is no fragmentation of the service, which is a risk? There should be a proper join-up between leaving prison and going out into the world of freedom.
Mr Gauke
These are important points, and the debate can sometimes be a little simplistic, whether it is “public sector good, private sector bad” or vice versa. A lot of this is about integration and making services hang together. One of the things we did last year was to announce additional money for through-the-gate services, which is important, but a lesson from what has happened in the past is that we need to make sure the system hangs together more, which it has not been doing sufficiently.
Richard Burgon (Leeds East) (Lab)
Before wreaking havoc in the Department for Transport, the Secretary of State for Transport was busy wreaking havoc in our justice system. He unleashed a crisis in our prisons and then he privatised probation, leaving the public less safe and costing the public hundreds of millions more than necessary. The world’s media are treating the Transport Secretary as a laughing stock, but the joke is on us because this Government are set to repeat past errors by signing a new round of private probation contracts. When will the Justice Secretary do the decent thing and put an end to the failed experiment of a privatised probation system?
Mr Gauke
The hon. Gentleman takes a somewhat simplistic view. His approach appears to be that he wants all probation services to be nationalised and every offender intervention to be done by the public sector. I think there is an opportunity to make use of both the private sector and the voluntary sector. If he takes the approach he appears to advocate of closing off any activity performed by anybody other than the public sector, we will not get the best probation service we could have.
Mary Glindon (North Tyneside) (Lab)
David Linden (Glasgow East) (SNP)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
My Department continues to ensure that the necessary preparations are in place to mitigate potential impacts associated with leaving the EU wherever possible. For all scenarios, these preparations remain on track. In a no-deal scenario, we do not expect any immediate impacts on our departmental priorities, although there are risks in terms of pressures on the courts. We will react to longer-term impacts that are harder to predict, such as financial impacts, should they arise.
Stuart C. McDonald
In recent years, 15 German nationals have been extradited from Germany to the United Kingdom, including for some very serious offences, but last month that country made it clear that it will no longer extradite its citizens to the UK after Brexit. What other countries does the Secretary of State anticipate will take a similar approach, and what, if anything, can he do to respond to this massive Brexit headache?
David Linden
Last week, I met the area commander in Glasgow East, and it was clear that the police are having to focus on Brexit preparations, yet that is not what people in my constituency actually want them to be focusing on—they want them to be focused on catching criminals in the street. If we do not have access to the European arrest warrant, it will not matter that all these contingency plans are in place. The only people who are going to benefit from that are those who seek to evade justice.
Mr Gauke
As I say, largely because of the constitutional issues with Germany, there are issues with the European arrest warrant; I absolutely accept that. We will take every measure that we can to ensure that authorities can co-operate. With regard to security issues, leaving the European Union with a deal is much better than leaving without a deal, and therefore the House should support the deal this evening.
Richard Burgon (Leeds East) (Lab)
The Tories’ disastrous handling of Brexit poses a serious threat to our economy and to our rights, and a real threat to our justice and security too. Any loss of access to the European arrest warrant or to European criminal records databases would damage our justice system, yet we have nothing but warm words from the Government on future justice co-operation. I was recently in Brussels discussing this with European partners, and it is obvious that the Government have failed to give this matter the priority it so urgently deserves. So what guarantees can the Secretary of State give today that his Government’s approach to Brexit will not leave our citizens less safe and will not let criminals off the hook?
James Cartlidge (South Suffolk) (Con)
Ian C. Lucas (Wrexham) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Transforming Rehabilitation opened up probation to a diverse range of providers and extended support and supervision to an additional 40,000 offenders leaving prison. The National Probation Service is performing well in supervising higher-risk offenders, but we have been clear that the performance of community rehabilitation companies needs to improve. That is why we have taken action to end contracts early and conducted a public consultation on proposals to better integrate probation services. We are reflecting on the feedback received and lessons learned from current contracts as we develop future arrangements, and we will announce our plans in detail later this year.
Ian C. Lucas
My constituent Nicholas Churton was murdered by an offender who was on licence. Following his release from prison, an assessment was not carried out by the CRC, and the murderer committed two further offences before he went on to kill Mr Churton. All this information is in the public domain because I have put it there. I want there to be an independent inquiry into this case, to inform Justice Ministers, all of whom I respect, to ensure that the probation service is functioning and to prevent people from suffering in the way that my constituent’s family have because of the appalling current system.
Mr Gauke
The hon. Gentleman raises a very important matter. I would like to express my sympathies to his constituent’s family for what they have undergone. I know that the hon. Gentleman has met my hon. Friend the prisons Minister to discuss this, and they may meet again. These tragic cases are rare, but that does not in any way undermine how tragic they are. Because there is a greater workload, with a greater number of people dealt with by CRCs than before, we have seen some increase in the numbers, but the rate falls below 0.5%.
Bill Esterson (Sefton Central) (Lab)
Last week, the prisons Minister offered to meet the family of Sam Cook, who was murdered by a convicted offender who was released on licence, in a similar case to the one we have just heard about from my hon. Friend the Member for Wrexham (Ian C. Lucas). They would very much like to meet the Minister. Can the Secretary of State ask his officials to arrange that meeting as soon as possible? They want to speak to the Minister to make sure that no one has to experience what Sam Cook experienced and that the probation service is doing its job to protect the public from offenders who are released on licence and is supervising them properly.
Tom Brake (Carshalton and Wallington) (LD)
Alan Mak (Havant) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Technology can play an important role in supporting rehabilitation. The careful use of basic computers and telephones enables us to do that. New digital services are being built for prison officers as part of the offender management in custody programme.
Mr Gauke
My hon. Friend raises a very important point. There is huge potential in this area, but we are already taking steps through telehealth and virtual consultations. We have in-cell telephony, which can be used in these circumstances. Digital hub services also exist, and the prison virtual learning environment includes a health application, so we have a virtual campus that can help people to address addiction issues. I think that there is much more potential in this area in the future.
Julian Knight (Solihull) (Con)
Andrea Jenkyns (Morley and Outwood) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Under this Government, the most serious offenders are more likely to go to prison and for longer, helping to protect the public and keep communities safe. Prison will be the right place for some offenders, but equally there is evidence that it does not work in rehabilitating others. I want to move the debate on from the old false choice between soft justice versus hard justice, and instead ensure we are focused on delivering smart justice. We need to think more imaginatively about different and more modern forms of punishment in the community.
Julian Knight
I support the broad thrust of ensuring that sentences work, particularly for female offenders. Does the Secretary of State agree that at the same time we should look at early release and whether it could be recalibrated to improve prison discipline?
Mr Gauke
Incentives in the prison system are important to achieving good behaviour. Early release does help offenders to successfully make the transition from custody to living crime-free lives in the community. An additional early release scheme for certain offenders, home detention curfew, further helps to manage that transition and reduce future offending.
John Lamont
I am very grateful, Mr Speaker.
I understand the UK Government are looking at the effectiveness of short-term custodial sentences to reduce reoffending. I invite Ministers to look at the experience in Scotland, where short-term sentences have already been abolished yet reoffending rates remain stubbornly high. I therefore urge Ministers to look more closely at whether rehabilitation programmes in prison are working effectively, even those for prisoners on short-term sentences.
Mr Gauke
In conjunction with reforming short sentences, it is important that we have confidence in the delivery of community orders. We have been clear that in England and Wales probation services need to improve—we have already discussed that—but the two have to run together: reform of short sentences and adequate community alternatives.
Andrea Jenkyns
What are the Government doing to ensure tougher sentences for those who are found guilty of violent crimes?
Luke Hall (Thornbury and Yate) (Con)
Nigel Huddleston (Mid Worcestershire) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Yesterday, the Government were pleased to give their support and time to the Children Act 1989 (Amendment) (Female Genital Mutilation) Bill, sponsored in this House by my hon. Friend the Member for Richmond Park (Zac Goldsmith). The Bill, which seeks to make a small yet important change to the Children Act 1989, offers both a sensible simplification of the court process and a useful extension to the family courts’ powers to protect girls at risk of female genital mutilation. It will add to the measures that the Government have brought forward to tackle FGM issues.
Nigel Huddleston
Can my right hon. Friend provide an update on the Government’s consideration of giving children the right to have access to their grandparents in the event of family breakdown or divorce?
Richard Burgon (Leeds East) (Lab)
Too many young lives are being lost to violent crime on our streets. Whatever the Prime Minister may say, substantial reductions in police numbers leave our communities less safe—so does shutting hundreds of youth centres and so, too, does the Ministry of Justice’s halving of funds for youth offending teams since 2010. Tens of millions of pounds that once went to protecting children in their communities have needlessly been taken away, so when will the Government stop trying to do justice on the cheap and instead properly fund youth offending teams?
Andrea Jenkyns (Morley and Outwood) (Con)
Philip Davies (Shipley) (Con)
Mr Gauke
Where an offender is assessed as presenting a risk of serious harm, they will receive a standard recall and may only be released into the community if they can be safely managed there. If there is not that risk, a proportionate response is sensible. Her Majesty’s inspectorate of probation has found that probation services, in the vast majority of cases, are making the right decisions.
Grahame Morris (Easington) (Lab)
David Hanson (Delyn) (Lab)
James Cartlidge (South Suffolk) (Con)
Will my hon. Friend the Minister outline what plans he has to increase support for rape crisis centres?
Probation Services: South-West England and Wales
David Gauke Excerpts(5 years, 2 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
I wish to inform the House regarding future arrangements for probation services in the south-west and Wales.
The House will be aware that community rehabilitation companies were set up just over four and a half years ago (with contracts awarded in December 2014). They were a new idea and part of probation reforms which extended supervision on licence each year to an additional 40,000 offenders released from prison sentences of less than 12 months. These companies do not deal with high-risk offenders—who are managed by the National Probation Service—but with low and medium risk offenders. They have been set up in a range of ways. There are 21 companies, the majority of which are private sector owned with a range of voluntary sector third party suppliers. Their particular purpose is to work with low and medium risk offenders, supervise them, develop plans for them, and provide them with rehabilitative services, in order to reduce the reoffending rate.
On Thursday 14 February 2019, Working Links (Employment) Limited, and its three CRCs: Wales CRC, Bristol, Gloucestershire, Somerset and Wiltshire CRC, and Dorset, Devon and Cornwall CRC, went into administration. The Ministry of Justice has been in discussions with Working Links and has taken immediate action to ensure that probation services are fully protected in these areas. Our central priority is of course to protect the public, ensuring that we have the right supervision of offenders in place, and that probation staff are supported in their important work. We have undertaken significant work to determine the most sustainable option for future management of probation services in Wales and the south-west and have transferred staff and services to Kent, Surrey and Sussex CRC, which is owned by Seetec. This change has been made via a variation to Kent, Surrey and Sussex CRC’s existing contract. Seetec has a good track record in Kent, Surrey and Sussex and we are satisfied that they are well- placed and well-equipped to take over these services and run them effectively. Plans have been implemented to ensure that probation staff and other key probation stakeholders are well-informed with regards to the transition.
We are also working towards more bespoke arrangements for the services in Wales, specifically that offender management services in Wales be transferred to Her Majesty’s Prison and Probation Service before the end of the current contractual period, to better dovetail with the future design for probation delivery in Wales. Our intentions are to transfer these services by the end of 2019, rather than the previously planned date of 2020, and we are currently working at pace with Seetec to accelerate this process.
We also recognise the impact of Working Links’ administration upon its other public sector contracts in the UK, and have been engaging with the Department for Work and Pensions and the Scottish Government. DWP will be working with Working Links and the administrators to identify all participants of its programmes who are potentially affected to ensure appropriate advice and support is provided.
The Government continue to work to improve the effectiveness of the wider probation system. We have already taken action to stabilise and improve probation delivery. Last year, we announced we intended to end CRC contracts early and held a consultation on proposals to improve future probation services. We also agreed contractual changes with current CRCs to improve performance in key areas. We want to create a better system in future which will prevent these kinds of things happening again. We intend to better integrate public, private and third sector providers, putting in place a more stable and resilient probation system, which works effectively to protect the public and tackle reoffending. We will announce detailed plans later this year.
We know probation is vital to ensuring justice is done and the cycle of reoffending is broken. We will work closely with Kent, Surrey and Sussex CRC and Seetec in the next weeks and months to ensure the continuation, stability and improvement of services.
[HCWS1338]
Justice and Home Affairs Post-Council Statement
David Gauke Excerpts(5 years, 3 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The first meeting of EU Interior and Justice Ministers during the Romanian presidency of the Council of the EU took place on 7 and 8 February 2019 in Bucharest. The Immigration Minister represented the UK on Interior day. I represented the UK on Justice day.
Interior day focused on counter-terrorism, policing co-operation, the Schengen area, and migration and asylum.
Interior day began with a discussion on the European Parliament’s report on the EU’s approach to counter-terrorism. The Immigration Minister welcomed the European Parliament’s report in general, and emphasised areas—such as counter-radicalisation, tackling terrorist content online, addressing issues relating to returning foreign terrorist fighters, and aviation security—where the UK considers that continued European co-operation is vital in the fight against terrorism. The Immigration Minister also welcomed the committee’s call for close co-operation with the UK after Brexit. A number of member states agreed, urging immediate Commission and member state action to prepare contingency plans in case of no deal, including a mechanism of continued information exchange. Some member states also noted that member states retained competence for national security, and noted concern about expanding the competence of the European Public Prosecutor’s Office (EPPO) at this time.
The policing discussion focused on mechanisms to share experience and expertise on gathering and analysing digital data. The Immigration Minister intervened to support proposals to explore developing means of identifying and sharing best practice on the recovery and analysis of digital information, during the course of the prevention and investigation of criminal activity. Most member states also supported this work, and were keen for Europol to have a central role.
Over lunch and in the afternoon session, Ministers discussed the functioning of the Schengen border free zone, in the context of some member states retaining internal borders, and wider migration and asylum issues. As the UK does not participate in the border free zone, the Immigration Minister did not intervene on the Schengen border discussion. There was discussion about the necessity of Schengen internal border controls. Ministers also discussed but did not agree on the possibility of a temporary redistribution mechanism pending reform of the Dublin asylum system.
Justice day began with a discussion on the future of civil judicial co-operation in the EU. The debate marked the twentieth anniversary of the Amsterdam treaty and of the adoption of the Tampere programme. Ministers reaffirmed the need to focus on the proper implementation of existing legislation before considering new measures. I emphasised the importance of a future relationship with the EU in this area.
There then followed a lunchtime discussion on gathering electronic evidence in criminal matters. Ministers discussed the mandates for negotiations to establish an agreement on access to electronic evidence (e-evidence) with the US, and with contracting parties to the Budapest convention. I updated Ministers on progress towards an UK-US agreement under the US CLOUD Act.
Justice day ended with a discussion on the future of judicial co-operation in criminal matters in the EU. Ministers again emphasised the importance of proper implementation of legislation, and ensuring the current acquis works effectively.
[HCWS1337]
Contingencies Fund Advance
David Gauke Excerpts(5 years, 3 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Ministry of Justice requires an advance to discharge its commitments which are set out in its supplementary estimate 2018-19, laid before Parliament on 11 February 2019.
The Ministry of Justice has sought a repayable cash advance from the Contingencies Fund of £840,000,000. Parliamentary approval for additional resources of £840,000,000 will be sought in a supplementary estimate for the Ministry of Justice. Pending that approval, urgent expenditure estimated at £840,000,000 will be met by repayable cash advances from the Contingencies Fund.
The advance will be repaid upon Royal Assent of the Supply and Appropriation (Anticipation and Adjustments) Bill.
[HCWS1336]
Legal Aid: Post-Implementation Review
David Gauke Excerpts(5 years, 3 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
With permission, Madam Deputy Speaker, I will make a statement to inform the House that we have concluded our post-implementation review of parts 1 and 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—better known as LASPO—as well as the outcome of our inquests review.
Earlier today, I tabled all three reviews for consideration by both Houses alongside a new legal support action plan, which sets out how we will build on those findings. After an extended period of expansion that resulted in an annual spend of over £2 billion, the coalition Government brought in part 1 of LASPO to make significant changes to the scope of, eligibility for and fees paid under legal aid. This was essential to bring spending under control and to target the limited resources available at the most vulnerable and the highest priority cases.
The extent of the changes introduced by LASPO meant that the Government committed to carrying out the comprehensive review I have published today. Throughout a year-long process of extensive evidence gathering and analysis, we have engaged with more than 100 different stakeholders, professionals, providers and, of course, many in this House and the other place, drawing together a wealth of research and evidence to inform this detailed review.
We have heard that the legal aid system has, for too long, focused solely on delivering publicly funded advice and representation, at the expense of understanding how we can help people to find early resolutions and avoid court disputes. Legal aid is, and will remain, a core element of the support on offer, and last year the Government spent £1.6 billion on legal aid funding.
We want to move forward with a new vision, focusing on the individual and their needs, whether that be through legal aid or otherwise. We will provide a breadth of tailored support that increases our ability to intervene earlier and catch people’s problems sooner, before they escalate. We must deliver a system that enables people to receive the type of legal support that is right for them and at the right time.
I am therefore delighted to publish, alongside this review, our new legal support action plan. The action plan responds to the evidence and includes immediate action to ensure vulnerable people, particularly children, can access legal aid when it is needed. We will launch a review of the legal aid means-testing framework, specifically focusing on the thresholds and criteria in place for a person to qualify for legal aid; simplify the exceptional case funding scheme to ensure it works effectively; expand the scope of legal aid to include immigration matters for unaccompanied and separated migrant children, and to cover all special guardianship orders in private family law cases; and reinstate immediate access to face-to-face legal advice in discrimination, debt and special educational needs cases.
However, we also need to collect further evidence on what works and at what stage. We will invest up to £5 million of funding to encourage and support providers to develop new and innovative services; double support for litigants in person to £3 million for the next two years; launch several support pilots that will test how effective legal support at an early stage can help people avoid the escalation of problems; and test and evaluate the benefits of early advice in an area of social welfare law.
Elsewhere, I am also announcing today that we will continue to support dedicated criminal legal aid practitioners by completing a comprehensive evaluation of the criminal legal aid fee schemes and structures. Separately, I have published the Government’s review of the changes made by part 2 of LASPO, which introduced a number of changes recommended by Sir Rupert Jackson aimed at reducing costs in civil litigation. The evidence gathered indicates that those objectives have been met. Fewer unmeritorious cases are being taken forward and access to justice at proportionate cost is generally being met.
Today I have also published the outcome of a separate year-long review of the provision of legal aid for inquests. The review was commissioned in response to a number of key independent reports and their recommendations. This final report is the culmination of that thorough review, which was undertaken with senior coroners, the legal profession and other key stakeholders, as well as, most importantly, bereaved families themselves. It considers a number of specific concerns and looks to where we can make further improvements, including improving guidance and advice; ensuring that the inquest process is more sympathetic to the needs of bereaved families; looking into further options for the funding of legal support at inquests where the state has state-funded representation; and working closely with other Government Departments.
The publications I have launched today mark not only the completion of hard work already undertaken but the beginning of doing more to meet our challenges. I place on record my thanks to everyone who has contributed evidence and expertise to these three reviews. It is essential that this engagement continues, that we collect more evidence, exploring with our partners and stakeholders innovative ways of supporting people to access the justice system, and that we place early intervention firmly at the heart of legal support.
I commend this statement to the House.
Richard Burgon (Leeds East) (Lab)
I thank the Secretary of State for the advance copy of the report. It is regrettable that journalists were briefed on the report’s contents this morning, with new articles appearing on websites before this statement and before the report was available to me.
The Government announced their LASPO review more than two years ago, and it has since been delayed time and again, which is simply unacceptable given the human costs and suffering caused by legal aid cuts. The question is whether this report has been worth the wait. Sadly, the answer from the Opposition has to be a clear no. It has been a wasted two years.
Some of the review’s conclusions call for more reviews. Does the Secretary of State seriously think that the measures outlined today will undo the damage done by his predecessors? LASPO set out to make savings of £410 million and, according to the Department’s figures, it has saved almost £200 million more than that since April 2013. Does he regret that his Department has cut even more than planned? Will he explain why it has happened? Will he confirm that the Government are going to provide just £8 million in extra legal aid investment?
Beyond the budget figures is the very real human cost behind these cuts. In the last few weeks alone, there have been yet more shocking press reports on the social damage they have caused. The number of people who have been refused legal aid to secure court orders against abusive ex-partners is at a five-year high. The number of parents forced to represent themselves in child custody battles has doubled in six years, and new analysis shows that up to 1 million people live in areas with no legal aid provision for housing. How will this report help people in such situations? Can the Secretary of State give more detail about how this review will offer legal help to those faced with a rogue landlord, a difficult family break-up or the Prime Minister’s hostile environment?
Legal advice on welfare benefits cases has been cut by an eye-watering 89%. The UN special rapporteur labelled the legal aid cuts as a denial of those people’s human right to a remedy. Does the Secretary of State believe that the very limited pilot outlined today for just one area of social welfare law will do anything substantial to reduce this inhumane suffering? Does he really think that a little investment in Skype services is the way to restore access to justice?
From the outset, the Opposition have sought to make reasonable demands of the Government’s review. Labour initiated the extensive Bach review to inform how legal aid will be turned around under a future Labour Government. We accept that this Government will not deliver the widespread change recommended by the Bach review, so we called for emergency measures to ameliorate the worst effects of legal aid cuts through the restoration of early legal advice. The Government should accept that there are strong arguments for early legal help, so why does the Secretary of State not have the political will properly to address it? With increasing evidence that cuts to legal aid have been a false economy, can he confirm whether he has commissioned any independent economist to look at the savings that could be made through early legal advice? If not, why not?
This year marks the 70th anniversary of the Legal Aid and Advice Act 1949, introduced by that great Labour Government. Access to health and education is rightly recognised as the right of every single citizen. Access to justice should be recognised in the same way but today we see, with this delayed review, yet again how the Conservatives are not the party to restore to legal aid the respect it deserves.
Mr Gauke
I hope it will be helpful to the House if I put this debate in a little context. A significant rise in the cost of legal aid took place over a number of years, a point recognised by the last Labour Government. If the hon. Gentleman wishes me to, I could give him a long list of quotations from Labour Ministers raising their concerns about the increase in the cost of legal aid. That is why Labour’s 2010 manifesto contained a commitment to cut the costs of legal aid, and I suspect it is the reason why in both 2015 and 2017 Labour gave no commitment to reverse those cuts. Therefore, there has been a consensus that we cannot return to what happened in the past. What is important is that we find a way in which limited resources are directed in the most effective and proportionate way, and that is what this review has been about.
The hon. Gentleman raises the issue of early intervention. The conclusion from our research is that the empirical evidence is not necessarily clear that early intervention will make savings, but there is a strong case for wanting to explore this further. That is why we are proceeding with pilots in the area of social welfare. It may be in the context of housing that we should look to proceed in this area to see whether there is a case that early intervention can make savings and we can build that case. That is precisely what I want to do.
There will continue to be areas of disagreement with the hon. Gentleman. I am sorry that he has not been more welcoming of what has been put before the House, because this is a constructive attempt to address this issue, in an environment where there are not unlimited resources. I point the House to the comments made by the Law Society this morning about how there is much to be welcomed in what we have announced.
Sir Oliver Heald (North East Hertfordshire) (Con)
I welcome the action plan. Particularly on the civil side, the Government seem to be improving the situation for those who need help. I welcome the extra help for litigants in person and the further reviews that are to take place. A lot of money was taken out of legal aid and it is right to see a building back, which is certainly happening on the civil side, with further reviews to come.
I note there is to be an evaluation of criminal practitioners and the way forward. Does my right hon. Friend agree that it is important to our justice system to have a good pipeline of talented criminal lawyers? That is one of the strengths of our system and the fact we have that is widely admired around the world. In the evaluation, will he look to see that there is an adequacy of income for people as they come through the pipeline, so that we can continue to have the high-quality criminal lawyers we have in this country?
Mr Gauke
My right hon. and learned Friend raises an important point. It is important that we have a strong and vibrant criminal Bar and I want to do everything I can to support that. I make it clear that it is important that we have a vibrant situation for solicitors as well. He will be aware that last year we announced changes to the advocates’ graduated fees scheme. I hope we have a constructive relationship with the criminal Bar, and we have been able to take steps and prioritise this area. We are also undertaking the review, which we anticipate will report in mid-2020.
Tommy Sheppard (Edinburgh East) (SNP)
I thank the Minister for advance sight of his statement. As others have remarked, at the core of this discussion is access to justice, a principle enshrined not only in the common law of England and Scotland, but in the Human Rights Act that applies throughout the UK. The House will be aware that these matters are dealt with differently in Scotland, as they always have been, with the Scottish Government responsible for the provision of legal aid in Scotland. Not for the first time, people in Scotland have reason to be grateful for this differentiation because in Scotland, despite cuts to the block grant available to the Scottish Government, they have maintained a system of legal aid that is more generous in its scope and application than any part of the UK. Some 75% of all civil cases in Scotland are eligible for some form of legal aid, whereas the corresponding figure in England and Wales is 25%. So although I am sure Members will welcome this as a step in the right direction to widening the scope of legal aid, I make the observation that there is still an awful long way to go. Will the Secretary of State consider emulating the targets that have been set in Scotland?
On the question of fees for those who provide legal aid, the Secretary of State will be aware that the Scottish Government have recently approved a 3% increase in fees across the board, whereas in England fees are to be increased by only 1%, and I believe that is just for barristers in the legal aid service. Will he consider bringing England and Wales into line with the more generous provision of fees in Scotland?
Mr Gauke
As I said a moment ago, we announced reforms to the AGFS last year, which see the biggest increase for some time in those fees. Let me make a point about the wider issue of access to justice. Access to justice is very important, but we should not consider that the test of that is purely about legal aid in the form that it has been. We need to be more innovative and to think ahead. I regret the dismissive tone taken by the shadow Justice Secretary about the potential for new technology in this area. To ensure that we can expand access to justice, we have to be prepared to innovate and make the best use of technology.
Robert Neill (Bromley and Chislehurst) (Con)
I welcome the considered and balanced tone that the Secretary of State has adopted, which is what the subject deserves. This is a substantial and thoughtful review, which the Justice Committee will wish to examine in some detail, along with its proposals. I wish to raise a couple of points. The additional funding is welcome, as is the extension of eligibility in a number of areas, which the Committee has highlighted in its reports, among other things. We also welcome the changes in relation to inquests and the approach to criminal legal aid. I know he will understand that there will be a concern in some quarters that, as this review has taken some time to prepare, the further review, for example, in relation to the means-testing framework and the setting up of the pilots, although all justified from the evidence in the text, might delay necessary changes even further. Will he assure us that those will be proceeded with in a timely fashion, that they will be sharply focused, and that there will be very full practitioner and judicial involvement in making sure that they are brought to an early conclusion and acted upon wherever necessary?
Mr Gauke
I thank the Chair of the Justice Committee for his characteristically thoughtful comments. It is worth pointing out that the means test was not fundamentally changed by LASPO, as he knows, but we do want to look at the evidence. We need to crack on with that straightaway, but this is a complex area and we are going to need to consider it properly and ensure that we end up with a sustainable position.
Bambos Charalambous (Enfield, Southgate) (Lab)
I welcome the Secretary of State’s acknowledgement that early advice is an issue, but I am disappointed that the pilot on social welfare law does not go far enough. It should go further and consider immigration law, family law and housing law. The report outlines how people with protected characteristics may not be able to access online or telephone help and signposting well enough. Will the Minister consider extending the pilot to cover the areas I have mentioned?
Mr Gauke
The technology pilots could apply to any area of law, so that certainly does not preclude their applying to the areas the hon. Gentleman mentions. The early intervention pilot is looking at social welfare law as the right place to start. That is where the case for early intervention making a positive difference is strongest, so we are looking into that area. The hon. Gentleman mentioned immigration; we are extending the scope to unaccompanied minors and immigration. I hope that is helpful to him.
Tim Loughton (East Worthing and Shoreham) (Con)
The Lord Chancellor did not specifically mention the Legal Aid Board exceptional cases fund, although he did refer to inquests and the possibility of guidance, advice and support for bereaved families. He will know that I have raised the Shoreham air show inquest with the Prime Minister as well as with him and his Ministers. The inquest still has not happened. Hopefully it will happen this autumn, but that will be more than four years since that tragic accident. As it stands, the families have still not had official confirmation that legal aid will be available for their representation at the inquest, while all 18 other interested parties have legal representation. What among the changes the Lord Chancellor has announced will make it much easier for clearly exceptional cases with a clear wider public interest to gain legal aid funding? Is the Lord Chancellor able to confirm what I hope is the case, which is that those families will get the legal representation that they absolutely need and deserve for the inquest this year?
Mr Gauke
I pay tribute to my hon. Friend for his work in this area. We are changing the process for the funding for exceptional cases to make it easier to apply. Fundamentally, I believe the inquest system should continue to be inquisitorial, but it is very important that bereaved families do not find themselves excluded or disadvantaged—my hon. Friend has made that point with great persistence. That is partly about ensuring that coroners and their staff are properly trained to protect the position of bereaved families, but we are also working with other Government Departments to ensure that there is not unfairness in the system. We continue to engage with other Departments to make sure that bereaved families are not put at a disadvantage.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Lord Chancellor knows of my long-term interest in this policy area. Let us be humble: no party or Government have got this right. It is a very difficult nut to crack. I welcome many of the things the Lord Chancellor has been saying this morning. We look forward to digesting his announcement and commenting and being helpful on this matter.
The central thread must surely be access to justice for all, not just the wealthy, privileged and well educated. That is of course the principle that we must have, and that is what I think about when I look at my struggling constituents in Huddersfield. The fact is that there are issues in particular areas of law. The Lord Chancellor will know that I and the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Robert Neill), are involved in cases of miscarriages of justice, which is one area in which the lack of help in the form of legal aid has been really debilitating. I understand that the Ministry of Justice has had more cuts than any other Government Department, and he has my sympathy, but will he look in particular at the impact on miscarriages of justice? We have just launched a commission on miscarriages of justice and hope to publish a report to help the Lord Chancellor shortly.
Mr Gauke
I very much look forward to receiving that report. I thank the hon. Gentleman for the work he does in this policy area, which he and I have discussed in the past. As he says, he has a long-standing interest in this matter, and I hope we can continue to engage in a constructive way to address it. I agree with him about the importance of access to justice, but I stress that that access does not end with legal aid. There are other aspects to consider, and it is important that any sensible Government look into what can be done.
Kevin Foster (Torbay) (Con)
I once worked in a criminal legal aid practice, so the reference to that area of law in the Secretary of State’s statement was particularly welcome. Will he outline how he will ensure that the evaluation takes into account the needs and views of those who provide criminal legal aid in places such as Devon and Somerset, where the challenges may be different from those associated with providing it in central London?
Mr Gauke
My hon. Friend is of course right. I believe that the process we have undertaken in the past year has been a thorough engagement with stakeholders from throughout the country, and that is very much the feedback I have been getting. It is important that we continue to engage. As my hon. Friend makes clear, there are different challenges in different parts of the country, and that needs to be reflected in our approach.
Jessica Morden (Newport East) (Lab)
One consequence of the Government’s deep cuts to legal aid has been the emergence of an unregulated legal advice sector, which has stepped in to fill the gap. What work have the Government done to look into the quality of advice and redress in the sector?
Mr Gauke
Of course, we have to keep this matter constantly under review to ensure that citizens are not misled or taken down a wrong approach. Innovation and competition should be part of the context, but the hon. Lady is quite right that we must ensure that citizens get the correct advice and that we are not in a position where the unscrupulous are able to take people in the wrong direction.
Kate Green (Stretford and Urmston) (Lab)
To what extent was the review able to consider the concerns raised at the time of LASPO about the impact on the diversity of the legal profession? He will know that in particular younger lawyers, those from black and minority ethnic backgrounds and women were more likely to undertake legal aid work; what is the situation now?
Ian C. Lucas (Wrexham) (Lab)
There is a paucity of legal advice in family law, which is complex, difficult and emotional. Is there any comfort in the Lord Chancellor’s proposals that will address the difficulties caused by the blanket removal of such advice?
Mr Gauke
Let me highlight a couple of points in the review. I have already mentioned the proposals on unaccompanied minors in immigration cases. It is also worth pointing out that with special guardianship orders, we are extending the scope of legal aid. Those are all steps that go some way towards addressing the hon. Gentleman’s concerns.
Ms Karen Buck (Westminster North) (Lab)
Will the Lord Chancellor confirm what everybody involved in legal aid knows, which is that the post-LASPO cuts have led to expenditure in other service areas, specifically the courts service? Does the report quantify that expenditure? Will he confirm that the report confirms that the Department does not know whether the reductions in legal aid have resulted in the service being targeted on those in greatest need? Finally, will he confirm that, welcome though it is, the extra money provided today represents less than 2% of the total reduction in the budget since 2013?
Mr Gauke
First, I pay tribute to the hon. Lady, who is among those who have worked tirelessly in this policy area and who, as ever, brings great expertise to this matter. In respect of evaluating the overall impacts, we do need more evidence, which is why we want to have pilots to bring in more evidence and test the system to see whether we can reduce costs on the system as a whole through, for example, greater and earlier intervention. I want to build up an evidence-based business case to see how we should move forward. In respect of evaluating the impact on particular groups, one has to consider the system on an area by area basis. It is important that we continue to engage and look at the evidence that emerges.
Ben Lake (Ceredigion) (PC)
Wales has seen the largest decline in legal aid providers over the past five years, with a decrease of some 29%. How will the Lord Chancellor ensure that citizens in Wales, particularly those in rural areas, are not put at a greater disadvantage and are able to access legal aid without having to travel prohibitive distances?
Mr Gauke
For rural areas as a whole, this review underlines the need to ensure that we are prepared to look at technology and innovation so that access to justice is greater and we have the ability to point people in the right direction. There is a real opportunity here, and it is important that we embrace it. The innovation fund of up to £5 million will encourage investment in this area so that we can find new and better ways of ensuring that, wherever a person is in the United Kingdom, they are able to access justice.
Thangam Debbonaire (Bristol West) (Lab)
Although I welcome the inclusion of separated children in legal aid for immigration cases, the plan otherwise does little to deal with the many problems faced by people in the asylum and immigration system in getting good quality advice. Inadequate legal advice has a damaging impact on people with a right to sanctuary, but no advice is worse, so will the Lord Chancellor please reconsider the decision to keep legal aid for refugee family reunion out of the scope of civil legal aid?
Mr Gauke
As I have said, the change that we have announced today in the context of unaccompanied minors is an important step. I am grateful to the hon. Lady for welcoming that. We do spend money on the legal aid system—I think it is something like £40 million on immigration and asylum—and it is important that we provide support in this area. There is a wider point that must be accepted: there are limited resources available, and we need to ensure that they are targeted in the best way possible. It is right that we have announced changes today in the particular context of unaccompanied minors and immigration.
Andy Slaughter (Hammersmith) (Lab)
May I ask the Lord Chancellor two things? First, will he use his considerable influence to get us a whole-day debate on these reviews? The Act took about a year to get through. We have had three reviews and an action plan—almost 500 pages today—and this review has taken two years. With the best will in the world, I do not think that this statement will do justice to that.
Secondly, can we look at the overall cumulative effect on his Department of the 40% cuts that will take place in legal aid and the courts? Will he sit down with the profession and the judiciary to discuss that? I was the shadow legal aid Minister during the passage of the Act. We did warn about many of the consequences, but we probably underestimated the overall effect on the court system. This is very important to individuals who are seeking redress. There is also a dysfunctionality in the courts now, particularly in areas such as the family courts, and we have to sit down seriously and address those issues.
Mr Gauke
First, on the matter of a whole-day debate—it sounds as if this were a continuation of business questions—the hon. Gentleman has made his point. I know that the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), has been replying to Westminster Hall debates on this matter fairly regularly, but I am sure that his point has been noted, and we will of course give consideration to it.
On the overall effect on the courts and justice system, let me make two points. First, it was widely accepted that, after the financial crash, there was going to be a need to bring public spending under control, including in this area, and any responsible Government would have had to make some difficult decisions, including in this area. Secondly, the Government are investing £1 billion in a court reform programme, making sure that we bring our system up to date. In ensuring careful stewardship of public money while also ensuring that we have a world-class legal and justice system, we will have to embrace innovation and technology and do things differently, and I do not shy away from that in any way.
Louise Haigh
Thank you, Madam Deputy Speaker.
In the past six years, there has been a shocking 134% increase in the number of parents facing child custody cases without legal representation. Surely the Secretary of State agrees that no parent should find themselves forced into that situation, so what steps is he introducing today to remedy that?
Mr Gauke
We are taking adoption cases out of the means test, so that is a change. I have already addressed points about special guardianship orders and unaccompanied minors, so there are steps that we are taking in this area. We already spend considerable sums of money in this field, and I hope that when the hon. Lady has an opportunity to look in detail at some of our proposals, she will see that we are trying to address those concerns. We do not have unlimited sums of money—there is no bottomless pit—but we are taking steps to ensure that the system can work as effectively as possible.
Oral Answers to Questions
David Gauke Excerpts(5 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Gareth Johnson (Dartford) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Sentencing must match the severity of the crime, but there is persuasive evidence that short sentences do not work in helping some offenders to turn their backs on crime, which is why we are exploring options that would see them used much less frequently.
Gareth Johnson
A deeply concerning incident took place in my constituency at the weekend involving an assault using a noxious substance. May I ask the Secretary of State for a clear commitment not only that the sale and possession of acid will be targeted, but that he will ensure that those guilty of these despicable and evil crimes receive significant prison terms?
Mr Gauke
I am grateful to my hon. Friend for raising a very serious incident. Such attacks are truly dreadful and have life-changing consequences, and anyone committing them must feel the full force of the law. That is why the Offensive Weapons Bill, which is currently being considered in the Lords, will change the law to stop the sale of acid to under-18s and to make it an offence to possess a corrosive substance in a public place. It is for the independent courts to determine sentences handed down in individual cases, but it is already the case that the use of a weapon, including acid, in any offence is treated as an aggravating factor meriting an increased sentence.
Ellie Reeves (Lewisham West and Penge) (Lab)
Statistics show that 36% of rough sleepers in London have previously been in prison—the figure is up three percentage points on the year before—which is deeply concerning. Short sentences do nothing but exacerbate the issue and do not reduce reoffending. Does the Secretary of State agree that it is now time to introduce a presumption against prison sentences of less than 12 months?
Mr Gauke
The hon. Lady makes a very important point. If someone is given a short sentence, it can mean that they lose their home, which would put them in a more difficult position, and then on their release they would be at much greater risk of rough sleeping. We are looking at our options, and I welcome her support. We are running pilots at Pentonville, Bristol and Leeds to see what we can do to address the problem of rough sleeping.
Robert Neill (Bromley and Chislehurst) (Con)
I very much welcome the Secretary of State’s much more realistic and nuanced approach to sentencing and the use of imprisonment. Does he agree that it is essential that we have space in our prisons for those whose crimes are so serious that only custody is appropriate, but that we do not overcrowd prisons with those who have mental or medical difficulties, or literacy or social problems, or those who might be better dealt with through rigorous community sentences?
Mr Gauke
I completely agree with the Chair of the Justice Committee. There are serious crimes for which a strong custodial sentence is exactly the right answer, but there are also cases for which short sentences, in particular, are ineffective for rehabilitation and do not serve society well. Prison should be used when appropriate, and we should look to develop alternatives to prison wherever possible.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
I am heartened by the Secretary of State’s answers thus far. Last September the prisons Minister, the hon. Member for Penrith and The Border (Rory Stewart), said that
“the evidence on what could be done to reduce reoffending by not overusing short prison sentences inappropriately is a good lesson from Scotland from which we wish to learn.”—[Official Report, 4 September 2018; Vol. 646, c. 41.]
At Holyrood, however, the Scottish Conservatives have long campaigned against the presumption against short sentences, claiming it to be a soft-touch approach. Does the Secretary of State agree that the Scottish Conservatives are out of touch in wanting to pursue an old-fashioned and entirely ineffective approach?
Mr Gauke
I will focus on the approach that I want to take in England and Wales. If we can find effective alternatives to short sentences, it is not a question of pursuing a soft-justice approach, but rather a case of pursuing smart justice that is effective at reducing reoffending and crime. That is the approach that I want to take in England and Wales.
Sir Desmond Swayne (New Forest West) (Con)
But the full force of the law too often is not very forceful at all, is it?
Mr Gauke
In reality, sentences and the prison population have gone up in recent years. I maintain that there are circumstances in which significant prison sentences are right as a means of punishment and a demonstration of society’s abhorrence at particular behaviours, but we also have to bear it in mind that some people who go to prison end up in a cycle of reoffending, with little achieved to the benefit of society or those individuals.
Grahame Morris (Easington) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
With your permission, Mr Speaker, I will answer Questions 2 and 19 together.
Mr Speaker
Order. I think that the Secretary of State’s intended grouping of Question 2 is with Question 18, which was tabled by the hon. Member for Easington (Grahame Morris), who was looking mildly perturbed, but whom I hope will now be greatly reassured.
Mr Gauke
We have made it clear that the probation system needs to improve, and we have taken decisive action to end current community rehabilitation company contracts and to develop more robust arrangements to protect the public and tackle reoffending. We have seen examples of good and innovative work from CRCs in Cumbria, where probation is being adapted to a rural setting, and in London, where CRCs are working with the Mayor’s office on programmes to rehabilitate offenders involved in knife crime.
I believe that public, private and voluntary organisations all have a role to play. The reforms that we are making are crucial to integrating the system better so that different providers can work more effectively together, and we will set out our proposals later this year.
Alex Cunningham
I am grateful for that comprehensive answer but, in the light of the prisons Minister’s praise at our last session of Justice questions for the not-for-profit Durham Tees Valley CRC—one of the best, if not the best, at inspection, and, according to Napo, also one of the best to work for—may I ask how the Secretary of State will protect this rare success story, given that his own reprivatisation plans are set to allow security giants such as Sodexo to swallow it up?
Mr Gauke
I, too, pay tribute to the work of that not-for-profit CRC and its focus on rehabilitating offenders. The expertise and commitment of not-for-profit organisations are vital in helping offenders to turn their lives around, and the changes on which we are working will ensure that the probation system benefits from having a diverse range of providers, while also doing more to deliver operational stability.
Grahame Morris
I thank the Secretary of State for his answer, and for drawing attention to the statistics that we have seen in Durham. However, probation failures cause reoffending and place strains on already overburdened police resources. Will the Secretary of State consider meeting police and crime commissioners such as Ron Hogg, Durham’s police, crime and victims commissioner, who happens to head the only outstanding police force in the country, to discuss the devolution of probation services so that they can be tailor-made to meet the needs of local communities?
Mr Gauke
I have already met a number of police and crime commissioners to talk about this very issue, but I should be happy to meet Mr Hogg, as well as other PCCs, to discuss these matters again. We want to ensure that PCCs can play a full and active role in this process, and I am heartened by the determination and willingness of many of them to do all that they can to help to develop it and to ensure that we have a strong probation system.
Mr Robert Goodwill (Scarborough and Whitby) (Con)
Vicky Ford (Chelmsford) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The scourge of violence in prisons must be tackled. To do this, we need to get the basics right. We have strengthened the frontline with more than 4,300 new staff so that we can run full, purposeful regimes, and we have moved to a new key worker model to support prisoners. We are also supporting prisoners with measures to tackle drugs and to make the physical environment in prisons decent and safe.
Vicky Ford
We know that a positive working relationship between staff and prisoners is key to running safe, decent prisons. Will my right hon. Friend tell us more about what is being done to improve the relationship between staff and prisoners?
Mr Gauke
My hon. Friend is absolutely right, and I pay tribute to the work that she does in this area. I know that she is a frequent visitor to Chelmsford prison in her capacity as its constituency MP. In fact, I understand that she might almost have her own cell there, such is the regularity of her visits. She highlights the important relationship between prison officers and prisoners. We are introducing the key workers programme across the prison estate, and the early signs are that it is making a positive difference in terms of relationships and of reducing violence. There is more work that we need to do, but I am pleased that we are able to do that and to ensure that prison officers get the training they need to make best use of it.
Catherine West (Hornsey and Wood Green) (Lab)
Out-of-control drug use in prisons fuels violence. Yesterday I met the hon. Member for Thurrock (Jackie Doyle-Price), the Health Minister who is dealing with this issue. I want to know what more can be done both before a prisoner enters the prison system and afterwards, as well as how we can ensure that during that crucial period when he—it is usually a “he”—is in there, he can have proper drug rehab so that his time in prison is not wasted.
Mr Gauke
The hon. Lady makes an important point. We have formed a drugs taskforce and we are working with law enforcement and with health partners across Government to restrict supply, reduce demand and build recovery. The taskforce is developing a national drug strategy, which will provide all prisons with guidance and examples of best practice to support them in tackling drugs. I should also point out that we are investing £6 million in 10 of the most challenging prisons to tackle drug supply and reduce demand. There is a greater focus on drug detection, on dedicated search teams, on body scanners and on improved perimeter defences.
Alex Chalk (Cheltenham) (Con)
Purposeful activity for prisoners is vital to encouraging rehabilitation and reducing volatility in our jails. What steps are being taken to drive down the number of prisoners who are locked up for 23 hours a day, which does not help to bring about peace in our prisons?
Mr Gauke
I agree with my hon. Friend. The additional 4,300 prison officers will help to ensure that we can do this. A particular area on which I have been keen to focus is the education and employment strategy, which will ensure that we provide those prisoners who are prepared to take responsibility with the opportunity to educate and prepare themselves for the world of work. I am very keen that we should continue to do that.
Mr David Lammy (Tottenham) (Lab)
We found out from the Secretary of State’s Department last week the alarming fact that 51% of our youth offenders now come from a black minority or ethnic background. That puts us in a worse position than the United States. Given that context in our prisons, will he revisit my review, and may I meet him urgently to discuss how we can accelerate progress?
Mr Gauke
I am grateful for that question, and I would be happy to meet the right hon. Gentleman. I know he regularly meets the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), on this subject. I am also concerned about the proportion of BAME children in custody, which is something we take very seriously. My Department has introduced a dedicated team within the youth justice policy unit with a key focus on explaining or changing disproportionate outcomes for BAME children in the justice system.
Richard Burgon (Leeds East) (Lab)
The Justice Secretary has been in post for just over a year. In that time, every set of prison safety figures has shown violence spiralling out of control. In January 2018, assaults were up 12% year on year, reaching new record highs. In April 2018, assaults were up 13%, reaching new record highs. In October 2018, assaults were up 20%, reaching new record highs. And last week we saw yet more record highs—a record high for assaults on staff, a record high for prisoner-on-prisoner violence and a record high for self-harm. Does he agree that his Government have lost control of violence in our prisons? When will they get a grip?
Mr Gauke
Clearly, the figures set out last week, which relate to what was happening in July, August and September 2018, are not acceptable and we need to bring those numbers down. That is why we have increased the number of prison officer staff, it is why we are focusing on purposeful activity and it is why we are taking steps to reduce both the supply and the demand for drugs. We are seeing some encouraging signs, but I do not want to make too much of that as yet. We need to wait to see the numbers in April, when we will have details about the last quarter of 2018. I am beginning to feel that we have turned the corner, that the additional staff are making a difference and that the measures we are taking are making a difference, but I fully accept that much work still needs to be done.
Andrew Bridgen (North West Leicestershire) (Con)
Gordon Henderson (Sittingbourne and Sheppey) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
We do not tolerate violence against our dedicated and hard-working prison officers. We are strengthening frontline officer numbers and rolling out the key worker scheme so that we can improve prisoner-staff relationships and tackle the causes of violence. We are giving officers the tools they need, like body-worn cameras and PAVA spray, to respond where incidents occur.
Andrew Bridgen
I thank the Secretary of State for that answer but, in order to protect prison officers, what measures are the Government taking to ensure that the police and the justice system take crimes committed in prison as seriously as those committed outside in the community?
Mr Gauke
My hon. Friend makes a fair point, and it is important that crimes committed within prisons are taken seriously, just as crimes committed outside prisons are taken seriously. We have taken a number of steps, and I have already alluded to some of the measures we are taking to help prison officers in these circumstances. We also recently changed the law to strengthen sentences against those who commit crimes against prison officers.
Gordon Henderson
A week before Christmas, one of my local prison officers, Ashley McLean, received horrendous facial injuries when he was violently attacked by a prisoner who was allegedly high on Spice. This was not an isolated incident. It happens every day of every week in one or other of our prisons. Much of that violent behaviour, as we have heard, is caused by drugs, so what steps are being taken to increase sentences for those found guilty of supplying drugs to inmates?
Mr Gauke
My hon. Friend rightly highlights an horrific incident, and I know the prisons Minister has already replied to a letter from him on this matter. We are fully committed to addressing the significant increase we have seen in the number of assaults on our hard-working prison staff. The new Assaults on Emergency Workers (Offences) Act 2018 increases the penalty for those who assault emergency workers, including prison officers, and I understand that the police are continuing to investigate this particular incident.
Jo Stevens (Cardiff Central) (Lab)
We have already heard that assaults against prison officers are at record levels, and those levels are rising at a record rate. Why is the Secretary of State more interested in taking prison officers to court for raising health and safety concerns than in sitting around the table and working with them to develop an urgent violence reduction strategy?
Mr Gauke
We are very focused on reducing violence, which is why we are taking the measures that we are: introducing the extra staff; giving prison officers access to PAVA; increasing the use of body-worn cameras; and increasing measures to stop drugs getting into prisons—as we have heard, they can often be a driver of this violence. So that is precisely what we are doing and will continue to do.
Chris Evans (Islwyn) (Lab/Co-op)
I recently met someone who trained to be a prison officer and left the job after six months. He told me that the three months of training left him ill-equipped to deal with the violence and intimidation, and to deal with prisoners with mental health problems. The Secretary of State will know that this is not an isolated case—it is widespread. What is he doing to improve training for prison officers so that they are equipped to deal with these incidents and have support when they are encountering this type of violence?
Mr Gauke
I assure the hon. Gentleman that we are constantly looking at ways in which we can improve the training for prison officers. The prisons Minister, my hon. Friend the Member for Penrith and The Border (Rory Stewart), has been very focused on that. We have managed to increase the number of prison officers significantly—as I say, the figure is up by 4,300. We are now seeing those prison officers gaining more experience and becoming increasingly effective. As I say, there are reasons to be cautiously optimistic that we are moving in the right direction, but there is still much more that needs to be done.
Tom Pursglove (Corby) (Con)
What specific assessment has the Secretary of State made of the opportunities associated with the use of body-worn cameras by prison officers, given the successes we have seen in policing?
Mr Gauke
Again, my hon. Friend is right to highlight this issue. The increased use of body-worn cameras can help to ensure that we have evidence that can ensure that wrongdoing by prisoners can be brought to book—it can enable prosecutions to be brought. It also provides an ability to ensure that the truth can always be discovered, which is important. Body-worn cameras are not the sole answer, but they are part of an answer on how to bring the number of these incidents down. The nearly 6,000 additional body-worn cameras, alongside staff training, can help us to move in the right direction.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Every assault on a prison officer is, of course, one too many. In the last full year, there were five times fewer serious assaults on prison officers in Scotland than there were in English and Welsh prisons. Given that stark contrast, and the fact that while this Government were slashing prison officer numbers by nearly a third their numbers in Scotland actually rose, will the Secretary of State meet the Scottish Government to discuss what he could learn from Scotland’s approach to this issue as well?
Mr Gauke
We have a co-operative relationship with the Scottish Government and that will continue. Let me point out that since October 2016 we have seen an increase in prison officer numbers of 4,300, which is to be welcomed. At one stage, people said, “Those are new numbers but they are very inexperienced”, but of course as each month goes by those prison officers are gaining experience and confidence. I believe we will see improvements in the months and years ahead.
Mr Philip Hollobone (Kettering) (Con)
Janet Daby (Lewisham East) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
We are making good progress with Wellingborough and Glen Parva Prisons, which will be modern and provide uncrowded capacity and will open in 2021 and 2022 respectively. This is against a background where the long-term population trend has put a stress on the prison estate. I am pleased that the prison population has decreased by around 2,000 in the past year. We will continue to look into how we can ensure further reductions, including looking at better community sentences. Our new prison estate will have up to 10,000 new uncrowded prison places, creating the physical conditions for governors to achieve better educational, training and rehabilitation outcomes.
Mohammad Yasin
Nearly two weeks ago, I raised concerns about broken screens at HMP Bedford that have resulted in my constituents having to put up with loud, intimidating and lewd behaviour from prisoners, and daily intrusions on to their properties by criminals smuggling contraband through their gardens and over the prison wall. The Minister committed to immediately raising the matter with the governor. Will he confirm what action has been taken?
Mr Gauke
The Prisons Minister, my hon. Friend the Member for Penrith and The Border (Rory Stewart), has indeed visited Bedford Prison and is in contact with the governor. The prison is introducing new scanners to help to address some of these issues. We will look at anything that we can do to ensure that no burden is placed on the local community.
Janet Daby
Overcrowding in our prisons leads to inhumane conditions and puts pressure on provision, services and training. That is unacceptable. The public expect reform and rehabilitation. What is the Minister doing to address this issue, as well as the over-representation of black men within our prisons?
Mr Gauke
I agree with the hon. Lady about the importance of rehabilitation. We have stressed that point, and it has been stressed a number of times this morning. Of course we want to bring overcrowding levels down. It would be fair to say that overcrowding levels have been pretty consistent; they are essentially at the same level as in 2010. On the disproportionate numbers of people from ethnic minorities within the prison system, we take that seriously, as the Under-Secretary, my hon. Friend the Member for Charnwood (Edward Argar), has just pointed out. I look forward to meeting the right hon. Member for Tottenham (Mr Lammy) to discuss this shortly.
Maria Caulfield (Lewes) (Con)
One source of overcrowding is the indefinite detention of prisoners using the imprisonment for public protection—IPP—sentences, which were introduced under the previous Labour Government but ruled unlawful in 2007. Why are 3,300 prisoners still in prison having served their sentence? Many of them—51%—have served five years or more after their sentence and are still in prison to this day.
Mr Gauke
Over time, more of those IPP prisoners are being released, but the Parole Board has to make a judgment in each individual case on whether there is a risk to society from releasing a particular individual. Those judgments can be difficult. Sometimes the Parole Board faces criticism when it does decide to release somebody in these circumstances. These matters have to be addressed on a case-by-case basis.
Imran Hussain (Bradford East) (Lab)
Last year, almost half of prisoners held at HMP Birmingham were held in overcrowded cells, contributing to the crisis of violence that six months ago forced the Government to step in and take control away from G4S. On the last occasion I asked about this, the Minister of State was unable to give a response, so will the Secretary of State now confirm that he will not be handing HMP Birmingham back to G4S, and will he draw the obvious conclusion that privatisation has been a failure in our prison system?
Mr Gauke
We will not hand HMP Birmingham back if it is not safe for us to do so. I am afraid that the attack on any involvement of the private sector in the prison system that we hear from Labour Front Benchers does not represent a balanced approach. We have to look at the successes that exist within the prison system, where the private sector has run very effective prisons. That cannot be ignored, notwithstanding the very real problems that exist, and have existed, with Birmingham.
Alan Mak (Havant) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Yesterday, I published my review of the Parole Board rules and the Government’s response to the public consultation about creating a new reconsideration mechanism for Parole Board decisions. I have decided to proceed with changes to the Parole Board rules that will introduce such a mechanism later this year. Our report also sets out additional reforms that will bring greater transparency and improvements for victims. I announced the launch of a tailored review of the Parole Board that will consider whether more fundamental reforms are necessary in the longer term, including those that may require primary legislation.
Mr Gauke
I thank my hon. Friend for his question. We are strengthening the countermeasures against contraband for every route into prison, and technology is an important part of that. In 2017, we invested £2 million in modern technology, including hand-held and portable mobile phone detection devices. In 2018, we invested a further £7 million to enhance security in prisons through scanners, improved searching techniques and phone-blocking technology. In the work that my hon. Friend the Prisons Minister has done with 10 of our most challenging prisons, he is emphasising the use of technology to search letters, bags and people, and he announced last week that those prisons all now have scanners that can detect drugs on clothes and mail.
Richard Burgon (Leeds East) (Lab)
There is deep concern that the Government want to use the cover of Brexit to roll back citizens’ rights. Such fears have been further fuelled by the recent failure of Ministers in a letter to the House of Lords EU Justice Sub-Committee to rule out repealing the Human Rights Act 1998 post Brexit. Labour introduced the Human Rights Act. We will fight any attempt by the Tories to undermine it or dilute our hard-won rights. Will the Secretary of State give a reassurance today that the Government will not repeal or reform the Human Rights Act in the aftermath of our departure from the European Union?
Douglas Ross (Moray) (Con)
Alex Sobel (Leeds North West) (Lab/Co-op)
David T. C. Davies (Monmouth) (Con)
Vicky Ford (Chelmsford) (Con)
Mr Gauke
My hon. Friend raises an important point. We are working with the Home Office to ensure that these orders are truly preventive in nature and put children on the right path away from a life of crime. These orders will give the police the opportunity to intervene earlier, and the court can include in the order a range of conditions that can be both prohibitive and proactive. They will be used only if the court is satisfied on the balance of probability that the child has carried a knife, or if they have been convicted of a relevant criminal offence and the order is necessary to protect the public or prevent crime. Sentencing is, of course, for the judge, but we are consulting on these proposals.
Mr Speaker
The Secretary of State is providing much exercise for the knee muscles of Opposition Members. It is an important fact of public interest that I think thus far he has not noticed, but of which he may wish to take account.
John Spellar (Warley) (Lab)
Mr Gauke
I am grateful to the right hon. Gentleman for that question. There has obviously been a recent case on this. We need to look very carefully at this to ensure we get the balance right between protecting the public and ensuring that those who have committed a crime in the past are given a second chance and have the ability to turn their lives around. I am keen to look further at this in the light of the recent judgment.
Robert Neill (Bromley and Chislehurst) (Con)
Does the Secretary of State agree that it is vital to ensure continuity of contractual obligations and enforceability of judgments once we leave the EU, which would be prevented by a no-deal outcome?
Sir Edward Davey (Kingston and Surbiton) (LD)
Thank you, Mr Speaker, especially for allowing me to exercise my knees more than usual today.
Will the Secretary of State confirm that the offer and acceptance of payments to and by an MP for the benefit of their constituents by a Minister of the Crown in an attempt to influence votes in this House could represent breaches of sections 1 and 2 of the Bribery Act 2010?
Mr Gauke
I am loth to provide legal advice, but the right hon. Gentleman has clearly raised a significant point. I would like to hear more of what he is saying and I am happy to discuss this with him. He is clearly alluding to something, but I am afraid that I am not quite aware what it is.
Parole Board: Reconsideration Mechanism and Rules Review
David Gauke Excerpts(5 years, 3 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Parole Board decision to release John Worboys, and the subsequent legal action taken by the victims to challenge that decision, revealed the need to improve the way the system works. I have been determined to address fully the issues that case highlighted and to continue to make improvements to the system of parole.
An initial review I commissioned into Parole Board decision making, which reported in April 2018, has led to a programme of reform—in particular to increase transparency and to improve the way victims are engaged and communicated with.
I conducted a public consultation on proposals to create a new mechanism to allow for Parole Board decisions to be reconsidered in certain circumstances and ordered a review of all the Parole Board rules. I am pleased today to announce the outcome of that work and to launch a tailored review of the Parole Board which will examine further options for longer-term reform.
The Government’s response to the consultation on a reconsideration mechanism is published today and I can confirm that I intend to proceed to bring forward changes to the Parole Board rules which will introduce such a mechanism. This will make it possible for Parole Board decisions to be looked at again and, if necessary, re-taken where it appears there may have been a legal or procedural flaw with the original decision. It will not be necessary to bring a judicial review, as happened in the Worboys case, making it easier to challenge decisions.
Victims who believe a decision may be fundamentally flawed, rather than having to resort to the courts and engage legal representation to argue their case, will be able to make a case for reconsideration to my officials. Officials have access to all the information and evidence —as well as legal resources—and therefore are best placed to put together a fully-informed application to the Parole Board where there appears to be an arguable case for reconsideration. This will also make the process as simple and straightforward for victims as possible. Judicial members at the Parole Board will determine the reconsideration application and how the case should be dealt with—whether the decision should be re-taken and whether a further hearing is required. Reasons for their decisions will be provided to victims.
This new mechanism, together with the introduction of decision summaries provided by the Parole Board from May last year, brings much greater transparency and scrutiny to how and why parole decisions are made; and a means of challenging those decisions where it appears there may have been a fundamental error that requires the case to be looked at again.
I am also publishing today a report on the outcome of the review of the Parole Board rules.
The report sets out the measures taken by the Department and the Board itself to ensure the issues highlighted by the Worboys case were addressed and which deliver on the commitments made by last year’s initial review. The report also explains what more will be done to further increase the transparency and openness of the parole system and to improve the experience of victims. Improvements have been and will continue to be made to the Victim Contact Scheme (VCS), training and approaches to the way Victim Liaison Officers (VLOs) communicate with victims; and the commitments in the Government’s victims strategy published in September will further strengthen the entitlements and support victims should rightly expect to receive.
Changes to the Parole Board rules will be brought forward by way of statutory instrument in the coming months. This will implement the new reconsideration mechanism and the other changes identified by the review that have the potential to improve the system. Between now and then we will be making preparations for the implementation of those reforms—in particular by putting in place the resources, guidance, training, and documentation needed to operate the reconsideration mechanism.
Other key changes announced in the report include:
A series of Standard Practice guidance documents will be published by the Parole Board. This will improve transparency and public awareness of the approaches the Board follows in reaching its decisions—and will support greater consistency in how the Board reviews cases.
A new operational protocol between the Parole Board and Her Majesty’s Prisons and Probation Service (HMPPS) which will clarify roles and responsibilities within the parole system and set out how the two organisations work with each other.
A new policy framework on the parole process will be published, setting out the HMPPS policy and approach, which will include improvements to the timescales the review found could make the process more efficient.
The review has examined how the rules, parole processes and practice can be improved over the short term within the current primary legislation governing the parole system and the existing constitution and functions of the Parole Board. It has been important to take swift action to address the immediate issues and concerns and to restore trust in the system; I believe the reforms announced in the report published today will help to achieve that.
But I would like to examine what further, more fundamental measures might be possible over the longer term, including the possibility of primary legislation. A tailored review of the Parole Board provides the opportunity to do that. I am required to undertake a tailored review of all the arms-length bodies sponsored by my Department once every Parliament and I have decided that now is the right time to launch such a review of the Parole Board.
The tailored review will explore, in light of the rules review changes, whether there is a case for more fundamental reform that requires primary legislation—including whether to change the powers or responsibilities conferred on the Parole Board or whether it should be reconstituted to deliver its functions in a different way. I aim to publish the outcome of the tailored review in the summer.
Copies of the Government’s response to the consultation on reconsideration of Parole Board decisions and the report on the review of the Parole Board rules have been laid in both Houses and are available on www.gov.uk.
[HCWS1295]
Convention against Torture: UN Protocol
David Gauke Excerpts(5 years, 3 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The optional protocol to the convention against torture (OPCAT), which the UK ratified in December 2003, requires states parties to establish a “national preventive mechanism” (NPM) to carry out visits to places of detention to prevent torture and other cruel, inhuman or degrading treatment or punishment.
The Government established the independent UK NPM in March 2009, and extended its membership in December 2013, and in January 2017. The UK NPM is currently composed of 21 scrutiny bodies covering the whole of the UK, and prepares annual reports on its activities. It also has an independent website at: www.nationalpreventivemechanism.org.uk.
Following previous practice, I have presented to Parliament the ninth NPM’s annual report (Command Paper CP 17). This report covers the period from 1 April 2017 to 31 March 2018. This year we mark 10 years since the establishment of the NPM, and I continue to commend the important work that the NPM has carried out over this period and the NPM’s independent role in safeguarding the human rights of detainees across the UK. I also note the NPM’s observations on prisons, children in detention, police custody, immigration detention, health and social care detentions, and court custody.
[HCWS1283]
Guardianship (Missing Persons) Act 2017
David Gauke Excerpts(5 years, 4 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Ministry of Justice is today publishing a consultation paper: Guardianship (Missing Persons) Act 2017 Implementing the Act. The paper seeks views on the Department’s proposals for bringing the Act into force with the object of implementing the Act as smoothly and successfully as practicable. The consultation period will be eight weeks. The consultation paper is available free of charge on gov.uk.
[HCWS1214]