Justice and Home Affairs Council
David Gauke Excerpts(5 years, 7 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
I will attend the Justice and Home Affairs Council for Justice Day on Thursday 11 October.
Following the partial general approach already agreed at Council in June on titles III, IV and V of the proposed directive on restructuring and insolvency (discharge from insolvency, efficiency of procedures and data collection requirements), work has focused on the remaining titles I, II and VI. These cover, subject matter and scope, measures on preventive restructuring frameworks and final provisions. In the light of the progress made, the Council will discuss a general approach on the restructuring directive. The UK supports the aims of the directive to progress the objectives of the Commission’s capital markets union action plan, and will support the general approach.
The Council will discuss the proposed regulation relating to improving law enforcement access to data held by communication service providers (E-Evidence). There will be a policy debate on the issue of whether a member state should be notified when a production or preservation order is issued to a service provider based in their territory or where the person whose data is sought is based in their territory. The debate will focus on the regulation, which the UK is not participating in.
There will be an any other business item on sale of goods.
There will be a presentation by the director of the EU’s Fundamental Rights Agency (Michael O’Flaherty) following on from the publication of the FRA’s annual report on the fundamental rights situation in the EU, and in the light of the event the FRA held across a wide range of fundamental rights topics last month (25 to 27 September). The Council will also be asked to discuss, and potentially adopt, Council conclusions on the EU’s latest annual report on the application of the charter of fundamental rights.
There will also be a discussion on free and fair elections (including freedom from personal data misuse and cyber incidents), focusing on the upcoming European Parliament elections. The UK’s exit from the EU will mean that we will not be taking part in future European parliamentary elections.
There will be a lunchtime discussion covering EU financing for justice. The UK does not participate in the current justice programme (2014-20) and will be a third country when the next justice programme and the other programmes likely to be discussed enter into force. The UK will consider its participation as a third country in due course.
The Commission will provide an update on the planned preparatory steps on the legal and organisational measures to be taken to make the European Public Prosecutor’s Office (EPPO) operational. The UK does not participate in the EPPO.
Ministers will exchange views on ways to reinforce judicial co-operation in criminal justice through mutual recognition tools, including the European arrest warrant and European investigation order. The UK values our co-operation under these tools and will highlight our commitment to the principle of mutual recognition and the importance of close operational working between member states to ensure that they function efficiently.
The Home Secretary will attend the JHA Council for Interior Day on 12 October.
There will be a policy debate on the proposed regulation to amend the European border and coast guard regulation which aims to reinforce the EU’s integrated border management strategy and further protect the external borders by providing the European Border and Coast Guard Agency with a standing corps of 10,000 staff with executive powers, their own equipment and the ability to act in third countries. This is a Schengen building measure which the UK does not participate in.
The Council will discuss the proposed recast of the EU returns directive. The UK chose not to participate in the current version of this directive. The UK will need to decide whether to participate in this recast.
The Council will discuss developments under the comprehensive approach on migration. The presidency will focus on the common European asylum system, co-operation with north African countries on a range of migration issues including search and rescue disembarkations, and work to tackle organised immigration crime. The UK supports work to strengthen the EU’s external borders and to intensify relationships with key third countries in order to break smuggling networks and ensure that protection is given to those most in need.
The Council will discuss proposed EU JHA funding programmes for the next (2021-27) multiannual financial framework. These programmes will commence after the UK’s exit from the EU and the end of the envisaged implementation period. The UK will not be participating in any future programmes as a member state. The UK will consider options to participate as a third country on a case-by-case basis where there is benefit to the UK.
There will be further debate on the reform of the common European asylum system, including the issues of solidarity, responsibility and relocation in the context of the Dublin IV proposal, in which the UK is not participating.
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Oral Answers to Questions
David Gauke Excerpts(5 years, 7 months ago)
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Nigel Huddleston (Mid Worcestershire) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
In May we published the education and employment strategy, which will set each prisoner on a path to employment, with prison education and work geared towards employment on release from the outset. Since publication of the strategy, we are working with about 70 new organisations that have registered an interest in working with offenders.
Stephen Crabb
I welcome the Secretary of State’s response. Given that we have a shortage of about 60,000 HGV drivers in this country—it is a good job, paying a decent wage—does my right hon. Friend think that there is an opportunity in his strategy to work with industry bodies and other Government Departments to deliver a pathway for ex-offenders to train, get their HGV licence and be able to walk into a job on day one when they walk through the prison gates?
Mr Gauke
My right hon. Friend is right to raise the point. My hon. Friend the Member for Monmouth (David T. C. Davies) has also raised that point on the Floor of the House, and we are working on proposals to do precisely that. Getting offenders into work makes them less likely to reoffend and enables them to contribute to society. It is something that we should absolutely aspire to.
James Heappey
Despite progress in some prisons, too many prisoners still leave custody without a bank account, which is liable to increase the incidence of reoffending. As part of the ongoing review of probation services, will the Secretary of State look at what more could be done in prisons to ensure that this most basic of facilities is held by all prisoners before they are released?
Mr Gauke
My hon. Friend raises an important point. It is worth pointing out that the offender banking programme ensures that prisons that release a significant number of prisoners have a relationship with a commercial bank to enable prisoners to open a basic bank account in the last six months of their sentence. A record number of accounts—6,500—were opened in 2017. He is right to highlight the matter.
Nigel Huddleston
The Right Course is a programme set up by celebrity maître d’ Fred Sirieix, which helps train prisoners to run prison restaurants and therefore qualify for jobs once they have left prison. Will the Minister meet me and Fred to discuss how similar programmes can be expanded?
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
The Secretary of State is correct to say that it is through employment that we often have the best chance to reduce and stop reoffending. What discussions has he had with his counterpart in the Department for Business, Energy and Industrial Strategy about mainstreaming incentives to employee ex-offenders in apprenticeship and internship strategies?
Mr Gauke
We work across government on this matter and are considering a number of proposals across government, including with BEIS, on how we can encourage employers in this area, including on apprenticeships. Let me make a point I have made before: employers are increasingly looking at employing ex-offenders. We should all welcome that, and I would be supportive of any constructive steps to progress this.
David Hanson (Delyn) (Lab)
The biggest employer in Britain today is the Secretary of State and other Ministers, through themselves in their Departments and through the suppliers that they use. What steps has he taken to improve employment opportunities for offenders within his remit?
Mr Gauke
That is a good point. One thing we announced when I launched the education and employment strategy was the fact that the public sector—the civil service—was taking people on. We had a pilot in the north-west of England, which we are now extending to other parts of the United Kingdom. The Prison Service also takes on ex-offenders. The right hon. Gentleman is right to highlight this, and the public sector has a role to play in the area, too.
Jenny Chapman (Darlington) (Lab)
Five years ago, the Government sold off half the probation service, giving the justification that “through the gate” services would be improved. That aim has not been met by that project, and neither have any of the other aims described at the time. Is it not time to bring probation back together?
Mr Gauke
The reoffending rate has actually fallen since then, but we recognise that issues need to be addressed. That is why earlier this year I announced a series of reforms to the probation system, including spending an additional £22 million on “through the gate” services to address this specific point.
Robert Neill (Bromley and Chislehurst) (Con)
One problem with “through the gate” is not who delivers it, but the fact that too often the interventions start so late on in the prisoner’s career. If six months is appropriate in terms of opening bank accounts—sensibly, it is—is it not sensible that resettlement interviews and work should be started at least at that time, if not earlier, rather than at 12 weeks or so, as we currently have it?
Mr Gauke
My hon. Friend, the Chairman of the Select Committee on Justice, raises an interesting point. The point I make to him is that we need to make sure that this system is working. There is scope for improvement, and, as I say, we have announced additional expenditure in this area, but he is right to say that this is not about who does it, but how it is done. There are steps we can take to improve it.
Imran Hussain (Bradford East) (Lab)
Prison officers play a vital role in equipping offenders for their release, including by helping them prepare for work or education on the outside. In his speech to the Tory party conference, the Justice Secretary committed to recruiting more prison officers to fill the huge gap created by his Government’s austerity cuts. So can he guarantee that by the end of this Parliament there will be the same number of frontline officers in our prisons as there were in 2010?
Mr Gauke
What I can guarantee is that we are increasing the numbers—they have gone up by 3,500 in the past two years. That is enabling us to implement a key worker strategy, so that prison officers have the ability to spend more time with prisoners and can build that personal relationship, providing the support and advice necessary. That is an important step forward and I am pleased we are able to do it.
Alex Cunningham (Stockton North) (Lab)
Ellie Reeves (Lewisham West and Penge) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
As I have said recently, there is persuasive evidence that short custodial sentences do not work in terms of rehabilitation. In certain circumstances, community sentences are more effective in the reduction of reoffending and therefore keeping the public safe. The reoffending rate of offenders who serve fewer than 12 months is around 65%, but earlier research has shown the reoffending rate for similar offenders who receive a community penalty to be lower. We will look at what more we can do to emphasise that short custodial sentences should be viewed as a last resort.
Chris Elmore
The Secretary of State may be aware that the rate of women reoffending and being recalled to prison is higher than that of men, with three out of every five women offenders being recalled or re-prosecuted and sent back to prison. There is now a real need to implement the female offender strategy and ensure that women are given as much support as they can be given. There is also a real need for the Secretary of State to take action on short-term offences and look into other ways to sentence women, because the current approach simply is not working.
Mr Gauke
I thank the hon. Gentleman for his remarks. He referred to the female offender strategy; as he will be aware, its focus is on alternatives to custody, particularly for minor offences. There are particular issues for females offenders in respect of the nature of the offences and the issues that female offenders face, so it is right that we implement the new strategy.
Jeff Smith
Over the past five years, the use of community sentences has declined, and it has declined fastest for theft and drugs offences. Does the Secretary of State think that prison is the best place for people with drug addictions and shoplifting convictions? If not, how is he going to reverse that trend?
Mr Gauke
Often, it is not the right place, which is why my hon. Friend the Prisons Minister and I have been clear that we need to consider alternatives to custody and explore what more we can do with community sentences. In some cases, the issue is getting to the heart of the problem, which often might be drug dependency and so on. Some encouraging pilots are ongoing in respect of community sentence treatment requirements. Those are some of the steps that we are taking. I welcome the hon. Gentleman’s support for our approach.
Vicky Foxcroft
Short-term sentences are catastrophic for reoffending rates, and if the Government are serious about reducing both crime and our prison population they must recognise the importance of early intervention. With the Home Office now pursuing a public health approach to violent crime, will the Minister tell us how he is engaging with this strategy?
Mr Gauke
We are very much engaging with the strategy, and it is a strategy that I support. We are ensuring that we work across government to intervene as early as we can and that we have strong alternatives to custody that are not soft options but are effective. I draw the hon. Lady’s attention to the work that we are doing on community sentence treatment requirements as a way in which we can work across government to address some of these issues. For some people, prison is the right place, but for many of the petty offenders, there are more effective things we can do, and I welcome her support for the approach we are taking.
Ellie Reeves
The Justice Committee report on transforming rehabilitation recommended a presumption against short sentences. Statistics show that the reoffending rate for women prisoners currently stands at 61% for those serving sentences of less than 12 months, yet, since 2010, community sentences for women have nearly halved. Will the Secretary of State therefore fully commit to the Committee’s recommendations and implement a presumption against sentences of less than 12 months?
Mr Gauke
We are looking at various options in this context. I know that Scotland introduced a presumption against three months. I think it is fair to say that that did not make much of a difference, and it has now been extended to 12 months, and we are looking at the evidence from that. I hope it is very clear to the House that, when it comes to reducing reoffending and to rehabilitation, we do question the effectiveness of short sentences.
Andrew Selous (South West Bedfordshire) (Con)
Would not the effectiveness of all custodial sentences be increased if we reduced the number of prisoners who were released on a Friday night when no public services are available for them, often leaving them to fall into the hands of the local drug dealer and go straight back into a life of crime?
Mr Gauke
My hon. Friend is right to raise that concern. There are different ways in which one can address that matter. More support could be provided. For example, there could be release on a temporary licence a few days before the final release so that many of the public services can be accessed. Whether we look at release on a particular day or at other ways of addressing that matter, I completely understand his point. We need to make sure that when people are released, they are in a strong position to access accommodation and a job and to be able to maintain their family links; that is what we want to do.
Philip Davies (Shipley) (Con)
The figures from the Ministry of Justice consistently show that the longer people spend in prison the less likely they are to reoffend. When the Secretary of State says that he wants to see the end of short-term sentences, does he agree with me that those people should be sent to prison for longer, or does he agree with the Opposition that those criminals should not be sent to prison at all?
Mr Gauke
I had a feeling that the consensus was not going to last much longer. The reality is that for petty offenders who tend to be prolific and tend to be repeat offenders, the evidence shows that non-custodial sentences are more effective at reducing reoffending than custodial sentences and that is the approach that we want to take.
Mr Philip Hollobone (Kettering) (Con)
Would not reoffending rates for those on short-term prison sentences go down if life was made as uncomfortable as possible for them while they were in jail? Instead of spending all day in their overcrowded prison cell either on their mobile phone or going through the satellite TV channels, should they not be out breaking rocks in a quarry or picking up litter in the rain?
Julian Knight (Solihull) (Con)
I support the idea that short custodial sentences often serve little purpose in reducing reoffending, but does the Secretary of State agree that to convince the public of this—to take them on this journey—they need to see both transparency of sentencing and that any discounts on tariffs are rewards, rather than the rule?
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
My party agrees with the Secretary of State regarding the evidence on the inappropriateness of many short-term prison sentences, but community sentences need to be properly resourced to ensure that they work as an appropriate alternative. Will the Government increase funding to local authorities for the delivery of effective community sentences alongside any presumption?
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The influx of drugs has had an impact on violence levels in both public and private prisons, which is why we are investing in body scanners, improved searching techniques and phone blocking technology. In 2017, four of the top five assault rates in local prisons and category C prisons were in public prisons.
Liz Saville Roberts
It remains the case that the prisons with the highest number of assaults are all private. In the first quarter of 2018, the top five most violent prisons were privately run. Will the Minister commit to an independent review of violence in private prisons and to a moratorium on any new private prisons in the meantime?
Mr Gauke
No, the reality is that there are issues with violence in both public and private sector prisons. Certainly, the numbers that I have suggest that there is a significant issue in public sector prisons such as Liverpool, Exeter and Bedford, where there have been urgent notifications. We should not take an ideological approach. There are very good private sector prisons, and there are some very good public sector prisons, and it is right that there is a diversity of prisons in our system.
Sir Nicholas Soames (Mid Sussex) (Con)
Will my right hon. Friend pay tribute to the prison officers in both public and private prisons who, by and large, do an exceptional job in very, very difficult circumstances? Does he agree that we should on every occasion do what we can to encourage them and raise their status as an important part of the whole process of judicial sentencing?
Mr Gauke
My right hon. Friend is right to make that point, and I happily pay tribute to the work that prison officers do in this country—a point that I made in my party conference speech in Birmingham last week. The work that they do in protecting the public and rehabilitating prisoners should be valued by us all. It is not often very public, because it is, by definition, behind locked doors, but they do excellent work and we should recognise that.
Emma Reynolds (Wolverhampton North East) (Lab)
There is a worrying level of violence, and increasing violence, in both state-run and privately run prisons. Does the Secretary of State agree with Phil Taylor, a former governor of Wormwood Scrubs, who said:
“What we’ve got here is a reduction in prison staff by over 10,000, and the government lauding the fact that they replaced it with three and a half thousand inexperienced staff who lack confidence and ability to deal with the things that they are confronted with on a daily basis”?
Mr Gauke
It is the case that in the past two years we have increased the prison officer population, and we will continue to do so. That enables us to implement changes, as we have key workers—a point that I made a little earlier—and a relationship is built up between prison officers and prisoners. Alongside additional measures that we have taken to stop, for example, drugs getting in, and the announcement that we have made on PAVA, all of that is designed to assist prison officers in doing a very, very important job.
Richard Drax (South Dorset) (Con)
The prison officers in my constituency continue to be worried about the lack of a deterrent to prevent prisoners from assaulting them. Will the Minister reassure the House that far harsher sentences should be handed down to those who dare to assault our prison officers? [Interruption.]
Mr Gauke
Indeed, and as my hon. Friend knows there is a new law that does precisely that. We were very happy to support the private Member’s Bill introduced by the hon. Member for Rhondda (Chris Bryant) on that front. We are increasing legislative ability, and we want to make sure that we work closely with the police to ensure that prosecutions are brought. It is the case, as I have mentioned, that we are giving prison officers a new tool, with access to PAVA.
Richard Burgon (Leeds East) (Lab)
The prisons Minister theatrically announced to the press this summer that he would resign if the 10 prisons he had identified did not improve on his watch. I have been looking at the prisons that he chose. It turns out that, of the 10 prisons he identified, only three are in the bottom category of the four prison performance categories. It gets still stranger when we see that there are 15 prisons in that worst performing category. I am sure that the Minister is sincere in his desire to improve prison standards, so instead of cherry-picking prisons for a media stunt, will he agree today that if all the 15 worst performing prisons identified by his own Ministry do not improve on his watch, he will quit?
Mr Gauke
The prisons Minister has set out a plan for 10 prisons that we are going to focus on. If the hon. Gentleman wants an explanation as to why we have chosen those specific 10 prisons, I am happy to meet him, and I know the prisons Minister would be happy to meet him. This is an area where we believe it is necessary to take action, and we have a plan to reduce violence in those prisons. If it works, we can look to extend it elsewhere. The fact is that we are gripping this issue. We are putting measures in place to address it, and we will deliver.
Sir Henry Bellingham (North West Norfolk) (Con)
James Cartlidge (South Suffolk) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Prison education is key to achieving better outcomes for offenders and has been proven to reduce reoffending by approximately 9% and increase P45 employment by 1.8%. We are empowering governors, who will be given the budget and controls to tailor education provision in their prisons, to both better engage their prisoners and meet their specific learning and employment needs. On 17 September, we launched a new innovative commissioning portal, which will give governors direct access to a huge range of learning and skills providers, including local educators and employers.
James Cartlidge
I thank the Secretary of State for that answer. Does he agree that in some cases, self-employment—for example, as a sole trader—may be appropriate? Can he set out whether those new support measures will include mentoring for offenders who want to start a business when they leave prison?
Dan Jarvis (Barnsley Central) (Lab)
The Secretary of State will know that most veterans make a successful transition from the armed forces into civilian life, but inevitably some will end up in the criminal justice system. Will he say what work is taking place to support veterans with employment and training, not only to reduce reoffending but, frankly, to ensure that they do not end up living on the streets?
Mr Gauke
The hon. Gentleman makes a very good point. He will know that there is a strong voluntary sector that provides a huge amount of support. I pay tribute to the work that many of those charities do. We work closely with them because it is particularly important, for those who have served their country, that we do not let them down subsequently.
Kevin Hollinrake (Thirsk and Malton) (Con)
Sarah Jones (Croydon Central) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Following a successful pilot, we have made the decision to equip every prison officer in the public sector adult male estate with PAVA spray. PAVA can help to prevent serious harm to staff and prisoners alike, as well as being a tool to persuade prisoners in the act of violence to stop. All officers will receive specialist training before being allowed to carry the spray, and it will be delivered only where key worker training has already been rolled out. Key working will allow officers to build more positive relationships with prisoners, support their rehabilitation and manage difficult behaviour.
Sarah Jones
I am grateful to the Under-Secretary of State for Justice, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), for meeting me and the family of Jerome Rogers before the summer recess. Jerome took his own life after aggressive bailiff threats and intimidation. Does the Secretary of State not find it astonishing that charities giving advice about debt, such as Citizens Advice, are regulated by the Financial Conduct Authority, yet bailiffs, with infinitely more power, are not? Will he confirm that this will form part of the consultation?
Richard Burgon (Leeds East) (Lab)
The Prime Minister told her party conference that austerity is over, but if that were true, everyone in the justice sector would be breathing a huge sigh of relief. Tory cuts have unleashed an unprecedented crisis in our prisons and wider justice system. Justice faces the deepest cuts of any Department, totalling 40%, with £800 million in cuts between April 2018 and 2020 alone. Those cuts risk pushing justice from deep crisis into full-blown emergency, so will the Secretary of State confirm that that £800 million of cuts will not go ahead? If not, will he agree with me that the Prime Minister’s words were nothing more than yet another Tory con trick?
Mr Gauke
What I can confirm is that we are continuing to recruit more prison officers and to invest in court reform. As the hon. Gentleman mentions party conferences, I have to point out to him that as the shadow Lord Chancellor, when somebody suggested an illegal general strike, the hon. Gentleman—[Interruption.] Well, he denied that he joined in a standing ovation, but he did say that he stood up and clapped.
Richard Burgon
To bring things back down to earth, the people who clean and tidy the Secretary of State’s office—perhaps even when he is in it—have been demanding a real living wage of £10 an hour. Those Ministry of Justice cleaners are sick and tired of being treated like dirt, and his security guards, who keep the Ministry of Justice safe, are in the same boat. I wrote to the Secretary of State demanding that he sort this out, but he used outsourcing as his excuse for inaction. Instead of repeating his excuses to me today, will he address the Ministry of Justice staff watching us today and tell them why he thinks that they are not worth £10 an hour?
Mr Laurence Robertson (Tewkesbury) (Con)
Robert Neill (Bromley and Chislehurst) (Con)
Given that, yet again, the recruitment round of High Court judges has fallen short, and given that many distinguished retired judges are kept busy as arbitrators and wish to continue working, is it not time to look again at whether the arbitrary judicial retirement age of 70 is out of line with modern practice?
Mr Gauke
This is an issue that we continue to look at. I think it is a finely balanced matter, and we continue to look at the evidence. The argument is sometimes made that if we increase the retirement age, we will increase the age at which people apply to become judges. We will continue to look at the matter.
Dan Carden (Liverpool, Walton) (Lab)
Last month prison officers took unprecedented action by staging a day of protest outside prisons, including HM Prison Liverpool in Walton. Has the Minister spoken to the Prison Officers Association since then, and what has changed since its members took their unprecedented action?
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
Given the very lucrative public contracts given to Atos and Capita, and the fact that they are clearly failing—71% of assessments for personal independence payments are overturned in the upper courts—what discussions has the Justice Secretary had with his counterpart in the Department for Work and Pensions about the imposition of a fining system? Atos and Capita are not only blocking up the courts, but treating disabled people appallingly.
Civil Liability Bill [Lords]
David Gauke ExcerptsTuesday 4th September 2018
(5 years, 8 months ago)
Commons ChamberRead Full debate Civil Liability Act 2018 View all Civil Liability Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 110-I Marshalled list for Third Reading (PDF, 56KB) - (26 Jun 2018)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
I beg to move, That the Bill be now read a Second time.
The Bill will make important changes to our personal injury compensation system, which it aims to make fairer, more certain and more sustainable for claimants, defendants, the taxpayer and motorists. It builds on our wider reforms to cut the cost of civil justice claims and strengthen the regulation of claims management companies. The first part of the Bill will deliver a key manifesto pledge to support hard-working families by bringing down the cost of living through a crackdown on exaggerated and fraudulent whiplash claims, which lead to higher insurance costs. The second part will create a fairer and more transparent method for setting the personal injury discount rate. The Bill will provide a compensation system that meets the rightful needs of claimants while saving the public money, in respect of both consumers and taxpayers.
Data from the Department for Work and Pensions shows that around 650,000 personal injury claims relating to road traffic accidents were made in 2017-18. That is almost 200,000 more than were made in 2005-06—a rise of 40%. Of those claims, we estimate that around 85% were for whiplash-related injuries. That is higher than in any other European jurisdiction. At the same time, figures from the Department for Transport show that, in the decade to 2016-17, the number of reported road traffic accidents went down, from around 190,000 to around 135,000—a fall of 30%.
Theresa Villiers (Chipping Barnet) (Con)
Does the Secretary of State share my anxiety about the high cost of insurance for young people, many of whom need a car to get to work and to get around? Will the legislation help to tackle that problem?
Mr Gauke
Yes, I do share my right hon. Friend’s concerns. For many people, a car is not a luxury but is essential. The cost of insurance, particularly for young people, can be considerable. Indeed, as I will set out, that cost is likely to increase very significantly if we do not take action, which is one reason we have taken the measures that we have.
Gareth Thomas (Harrow West) (Lab/Co-op)
Will the Secretary of State tell the House why there is nothing in the Bill that will allow insurance companies to be held to account for whether or not they pass on the savings that the Bill purports to deliver for consumers?
Mr Gauke
I am glad that the hon. Gentleman asked me that question, because not only have we had public assurances from insurance companies that represent 85% of the policies, but we will table amendments to the Bill to ensure that we can hold those companies robustly to account, particularly given their public commitments. If those are his concerns, I think he will find as the Bill progresses that they are met.
Jo Stevens (Cardiff Central) (Lab)
Will the Secretary of State elaborate on his last remark? What incentives or restrictions will there be for insurance companies to make sure that they pass on any savings? Historically, they have not done so.
Mr Gauke
I would challenge that. When the Competition and Markets Authority looked at the insurance industry, it found that it is a competitive industry. The factor that is most likely to ensure that benefits are passed on to consumers is competition, and the evidence suggests that there is competition in this area, but we will ensure that insurance companies provide robust information so that they can be properly held to account. As I say, the Government will bring forward amendments in this area, as we have committed to do.
Sir Edward Davey
It is key that these savings are passed on to motorists. In the other place, my noble Friend Lord Sharkey tabled an amendment suggesting that one way of doing that was to give some regulatory power to the Financial Conduct Authority to hold insurance companies to account. Will the Secretary of State tell the House now whether, in bringing forward this amendment, real teeth will be used to ensure that insurance companies cannot get away with keeping this cash themselves?
Mr Gauke
If the right hon. Gentleman will forgive me, we will be coming forward very shortly with those amendments. He will not have to wait long to see the details of the amendments. He will see that we are striking the right balance in ensuring that insurance companies can be properly held to account and that we are not placing unnecessary and expensive burdens that ultimately get paid by policyholders. He will see that we are taking this issue forward.
Chris Philp
I thank the Secretary of State for giving way. On this point about cost savings being passed on, does he take further comfort from the following two things? First, with no fewer than 94 car insurance companies operating in the UK, it is an intensely competitive market; and, secondly, in the two years after the reforms in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 were introduced, car insurance premiums dropped by £50, suggesting that, in that case, the savings were passed on.
Mr Gauke
My hon. Friend is right to raise both points. I come back to the fact that the CMA looked at this area and concluded that this is a competitive one. The history suggests that these benefits are passed on, but we are strengthening the Bill and will bring forward amendments very shortly that will enable us all to hold those insurance companies to account.
Many claims involving road traffic accidents will, of course, be genuine. It is absolutely right that they are compensated appropriately. Our reforms are focused on ensuring that genuine claimants have access to justice, receive a proportionate amount of compensation and that the system works for all who use it honestly. However, with major improvements in motoring safety in recent years, including the increased use of integrated seat and head restraints, it would be remiss of the Government not to ask what is going wrong. The reality is that some of these claims are not genuine. In 2017, the insurance industry identified almost 70,000 motor insurance claims that it considered to be fraudulent. As the learned Lord Hope of Craighead noted in the other place, it is necessary to do something to try to minimise the abuse that has given rise to such a large and disproportionate number of claims. The knock-on effect of all these claims is increased insurance premiums, particularly for young people and the elderly. As Members across the House will know, for many people, owning a car is not a luxury, but a necessity. That is especially true of those in rural communities, but it does affect all our constituents. That is why we have pledged in our manifesto to tackle these costs. Taken together, the whiplash measures proposed by the Government could result in savings of around £1.1 billion a year.
Around 85% of the UK motor and liability insurance market have publicly committed to pass on those savings to consumers. The Government intend to hold insurance companies to account by bringing forward an amendment, as I have said, to introduce an effective means for reporting on both the savings made and how they are passed on.
The purpose of our reforms is to compensate the genuinely injured and to improve the system for all by reducing the number and cost of whiplash claims and deterring fraudulent and unmeritorious claims. The measures in the Bill will do that by introducing a ban on settling whiplash claims without medical evidence. That will discourage fraud and incentivise insurers to investigate claims and provide reassurance to claimants that they are being compensated for the true extent of their injuries.
Chris Philp
I thank the Secretary of State for giving way so generously. Could he confirm to the House that these medical examinations prior to an offer will have to be face to face?
Mr Gauke
They will be face-to-face medical examinations, which I believe will provide the degree of robustness in the system that we need.
The Bill will also provide for a new fixed tariff of compensation for pain, suffering and loss of amenity for whiplash claims. The high number of whiplash claims and compensation levels that we are seeing justifies that tariff being set by the Lord Chancellor. We want fair and proportionate compensation. Its cost should not be unfair to the motorists. We will provide some important flexibilities on how the tariff operates to make sure that it remains fair and adaptable where necessary to exceptional circumstances, inflation and changes in the claims market.
Gareth Thomas
Does not the Minister accept that one of the further flaws in the Bill is that the genuine victim of a road traffic accident faces receiving less compensation than someone who has a similar accident but not in a road traffic scenario, who receives compensation set not by the Lord Chancellor, but under the judicial guidelines that exist at the moment?
Mr Gauke
This must be put in the context of a package of measures we are taking that seek to address the significant problem that exists, which I have sought to sketch out and which other hon. Members have highlighted: the very considerable cost that motorists face in insurance premiums as a consequence of whiplash claims, a number of which are clearly not genuine. Given that the number of road traffic accidents is falling yet the number of claims is going up, it is right that we take action.
Vicky Ford (Chelmsford) (Con)
Four years ago, my family and I had a large car crash. Ever since then, I have been pestered, almost continually, by unwanted phone calls from people trying to encourage me to fraudulently claim for whiplash. Will this Bill stop that?
Mr Gauke
In combination with the other measures that we are taking, I think that we are really able to address the problem that my hon. Friend has so eloquently highlighted and that she has personal experience of. What she has highlighted is that we do have a problem and that we do need to take action, and that is exactly what this Bill does.
Debbie Abrahams
I am very grateful to the Secretary of State. I have real concerns about the reduction again in access to justice. The group Access to Justice has highlighted that, each year, people injured in road traffic accidents will be denied access to legal advice if they want to go to court to claim for their injuries. How can he guarantee that that will not happen?
Mr Gauke
We have a system of small claims—by and large, these are very straightforward claims. We want to ensure that support is there so that people are able to bring the claims in person. As I have said, these are simple claims and it is right that we also take action to address some of the concerns that we have. I shall set out more detail in my remarks, but I believe that we have the balance right in terms of the increase to £5,000.
The Bill provides that the tariff will be set in regulations to be debated via the affirmative procedure by Parliament following Royal Assent. We are committed to tabling an amendment in Committee that will require the Lord Chancellor to consult with the Lord Chief Justice before making those regulations. The judiciary will have discretion to increase the compensation payable in exceptional circumstances and, after listening to the views in the other place, we have amended the Bill to ensure that overall compensation levels in the tariff are reviewed at least every three years. We listened carefully to the comments made by the Delegated Powers and Regulatory Reform Committee in the Lords. We accepted its recommendation and tabled an amendment to include a full definition of whiplash injury in the Bill in order to remove any ambiguity about what that constitutes in law.
The Government’s reform programme also includes measures—not included in the scope of this Bill—to increase the small claims track limit for road traffic accident personal injury claims to £5,000, and for all other personal injury claims to £2,000. As these claims are generally not complicated, they are suitable to be managed in the simpler, lower cost small claims track. This route is designed to be accessible to litigants in person without the need for a lawyer, although claimants may still seek legal representation if they wish. To support this, the Government are working with a wide stakeholder group including the insurance industry, claimant solicitor representative groups and consumer groups in order to design and deliver a simple-to-use online service to enable the vast majority of those claiming for low-value road traffic accidents who may well choose not to be represented by legal advisers to receive help and guidance to manage their cases through to conclusion.
The service will be designed for those with no legal advice or training, and will be as simple to use as possible to ensure that the claimant journey is as smooth as it can be. Raising the small claims limit for these RTA cases to £5,000 will work to control their costs, acting as an incentive for insurers to challenge, rather than settle, those cases that they believe to be without merit. This is vital to changing the unhealthy culture that sees whiplash claims as a way to make easy cash. The reality is that, as insurers are forced to offset the cost of the abuse by raising premiums, fraudsters are simply taking money out of the pockets of honest motorists.
Jo Stevens
If the Secretary of State is so confident about those increases in the small claims limit, why are they not on the face of the Bill?
Ruth Cadbury (Brentford and Isleworth) (Lab)
Will the Secretary of State give way?
Mr Gauke
I want to make some progress.
I am aware that there has been concern on both sides of the House about the inclusion of vulnerable road users—for example, cyclists, pedestrians and motorcyclists —in the proposed small claims track rise. I am grateful to Members for signalling in their arguments how such road users may be disproportionately affected by this measure.
Robert Neill (Bromley and Chislehurst) (Con)
I am very grateful to hear the Secretary of State say that, because this issue was flagged up by the Select Committee on Justice in our report. If he is going to say that it is his intention to exclude those vulnerable road users from the Bill, that would be a most welcome recognition by the Government of the evidence on the matter.
Mr Gauke
I think that on this occasion I might be able to satisfy my hon. Friend, which I cannot always say to him as the Chair of the Justice Committee. After listening carefully to the arguments made—including by my hon. Friend—I can now say that we intend to remove these vulnerable road users from the small claims limit changes. They are, of course, already excluded from the Bill.
I wish to say a few words about the timing of the whiplash reforms. Both the Justice Committee and the insurance sector have raised concerns about how quickly the reform programme can be implemented, including the necessity to build and test the online claims platform that I mentioned. We have listened to those concerned and resolved to push back implementation by a year to April 2020. This will enable careful user testing of the IT system to ensure that the system works well for all types of users on full implementation.
The personal injury discount rate is intended to reflect the return that it is reasonable to expect a claimant to receive on investing a lump sum award of damages for future financial loss. We must keep in mind that behind every claim there are real people with life-changing injuries, who need to make fundamental changes to the way in which they live their lives and who depend on their compensation awards. That is why we continue to support the aim that seriously injured people should receive full compensation to meet their expected needs, including care costs. The problem, however, is that on the evidence we have obtained, our discount rate of minus 0.75%—one of the lowest in the world—is leading to awards in personal injury claims averaging at 120% to 125% of the damages awarded, even after allowances are made for management costs and tax.
Such overcompensation is contributing to escalating costs in the NHS, which spent £2.2 billion on clinical negligence claims alone in 2017-18—a figure that is expected to rise to £3.2 billion in 2020-21. This is almost double the amount spent in 2016-17 and seven times the amount spent in 2006-07. This overcompensation is not sustainable. Money is being diverted that could instead have been spent on frontline public services such as our hospitals, schools and armed forces. As well as adding to the financial pressure on the NHS, the current framework for setting the discount rate is also creating pressure that is driving up insurance premiums, particularly for motorists.
The reforms that we propose to the discount rate will also save consumers money, as the insurance industry has committed to passing on these savings. The changes that we propose to make in the Bill to how the discount rate is set will make it fairer and more realistic for everyone. We intend to reflect the reality that claimants are more likely to invest their compensation in slightly higher risk diversified portfolios, than in very low risk investments under the current test.
John Howell (Henley) (Con)
The Secretary of State is moving very quickly to the nub of this Bill; this is about preventing overcompensation, not increasing undercompensation. Does he agree?
Mr Gauke
Very much so. It remains our objective to ensure that people are properly compensated—that they get the right level of compensation. The current process systematically overcompensates, and it is right that we address that because that compensation could be spent on frontline services. I am sure that that is what we would all want to do.
Dr David Drew (Stroud) (Lab/Co-op)
The Secretary of State is being very generous in giving way. Does he accept that we will have to watch the impact of this Bill on personal injury lawyers, as it is already difficult to get lawyers to stay in that field? Will he monitor the situation to ensure that all those involved in serious accidents get proper legal representation?
Mr Gauke
I think that it would be fair to say that personal injury lawyers have demonstrated adaptability in recent years and that the sector has proved to be resilient. Of course, the purpose of our compensation regime and insurance system is to ensure that those who should be compensated are compensated, and that is what we seek to do. As I said in response to the intervention of my hon. Friend the Member for Henley (John Howell), it is also right that we do not over- compensate.
The Bill contains provisions requiring the Lord Chancellor to review the rate promptly after Royal Assent and then at least once every five years, again providing greater certainty and clarity. Following amendments accepted by the Government in the other place, the first review will continue the current arrangements under which the Lord Chancellor consults the Government Actuary and Her Majesty’s Treasury before setting the rate. This will enable the benefits of the new system to be realised as soon as possible. All further reviews by the Lord Chancellor must be undertaken in consultation with an independent expert panel, chaired by the Government Actuary.
I stress that the Bill will not change the important role played by periodical payment orders, which account for a significant proportion of the compensation paid for future loss in cases involving the most serious and life-changing injuries. PPOs protect claimants against the risk inherent in relying on the investment of lump sums to produce a stream of income to meet their needs as they arise. PPOs are and will remain available in the vast majority of the highest-value NHS clinical negligence claims against hospitals, including those involving brain damage during childbirth, and in the large majority of long-term serious injury cases where the defendant is insured by a UK-regulated insurer.
Robert Neill
The Lord Chancellor is being very helpful. I welcome what he says about periodical payment orders, because they are a significant transfer on to the insurance company away from the person who is awarded, in terms of both investment and the longevity risk. Will he make it clear—as the noble Lord Keen indicated in the other House—that when he sets the discount rate, having taken the advice of the panel as part of the Government action, he does so as Lord Chancellor in his own right, and not on behalf of the Government? That point was raised by a number of noble lords in the other House when it was said that this decision is taken not for Treasury or governmental reasons, but on the basis of that advice, by the Lord Chancellor in his capacity as Lord Chancellor, almost quasi-judicially.
Mr Gauke
Yes, it is a decision taken by the Lord Chancellor. I was in the Treasury at the time when the most recent change to the discount rate was made by one of my predecessors, and I can certainly assure my hon. Friend that it was very much a decision taken by the Lord Chancellor. [Laughter.] Perhaps I should leave it there.
Mr Jonathan Djanogly (Huntingdon) (Con)
One of the key elements of stopping whiplash claims and so forth was the banning of referral fees. There are more and more reports coming in that, perhaps for the resilience reasons that my right hon. Friend discussed, we are increasingly seeing ways of getting round the ban on referral fees. This is of great concern to many. These people are of course breaking the law. Has he considered this situation?
Mr Gauke
Of course we continue to look at this area. It is worth pointing out not just what we are doing in this Bill but the measures and action taken in the context of the Financial Guidance and Claims Act 2018, and it is right that we continue to do so. As I say, the Government are determined to find out whether the use of PPOs can be increased. We are very pleased that the Civil Justice Council, which is chaired by the Master of the Rolls, has agreed in principle to consider this issue.
The Civil Liability Bill is an important piece of our wider work to reform the civil justice system, including through the Financial Guidance and Claims Act, which strengthens the regulatory regime for claims management companies and bans cold calling. These reforms are needed to put personal injury payments on a fair, more certain and sustainable footing for the future. In turn, they will save the NHS and consumers money.
Ellie Reeves (Lewisham West and Penge) (Lab)
The Secretary of State says that the Financial Guidance and Claims Act bans cold calling. In fact, it does not create an outright ban on cold calling. Why not have an outright ban on cold calling before proceeding with proposals to increase the small claims limit, which would deny so many access to justice?
Mr Gauke
To be clear, we have taken robust action to deal with this issue. I would defend the Financial Guidance and Claims Act, which was a substantial step forward in ensuring that we do not see the abuses that we, in all parts of the House, are concerned about.
Legislating to ensure that genuine whiplash claims are backed up by medical evidence and that claimants receive proportionate compensation will reduce the number and cost of whiplash claims. This will allow insurers to pass on savings to consumers. As I have said, three quarters of the UK motor and liability insurance market has already publicly committed to doing so. In changing the system by which the discount rate is set, we want to continue to ensure fairness so that those who suffer serious long-term personal injury get full and fair compensation within a more informed and transparent system in which the rate is set by the Lord Chancellor at regular intervals with the benefit of independent expert advice. The prospect of the reforms we are proposing both to whiplash claims and to the discount rate has, according to the recent AA British insurance premium index, already triggered a fall in premiums in the expectation that claim costs will fall. I commend the Bill to the House.
Departmental Update
David Gauke Excerpts(5 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
I am today announcing pay rises for prison officers. The Prison Service Pay Review Body has made its recommendation for the 2018-19 pay award and we are accepting the spirit of its recommendation.
Today’s pay award is worth 2.75% for all prison officers, of which 2% is consolidated and 0.75% non-consolidated. Some staff on modernised fair and sustainable contracts will also receive performance-related progression pay. The pay award is worth on average £1,220 for staff on fair and sustainable contracts.
The Government are committed to world-class public services and ensuring that public sector workers are fairly paid for the vitally important work that they do. It is thanks to our balanced approach to public finances—getting debt falling as a share of our economy, while investing in our vital services and keeping taxes low—that we are today able to announce a fair and deserved pay rise for prison officers.
We ended the 1% average pay policy in September 2017, because we recognised more flexibility is now required to deliver world-class public services, including in return for improvements to public sector productivity.
We value the role of the independent pay review bodies and thank them for their work in considering pay awards. In reaching a final position for 2018-19 public sector pay awards, we have balanced a need to recognise the value and dedication of our hard-working public servants while ensuring that our public services remain affordable in the long term, to contribute to our objective of reducing public sector debt. We have also sought to ensure that pay awards are fair and consistent across public sector workforces, and reflect existing pay and benefit packages, in addition to recruitment and retention levels.
It is vital that we consider all pay awards in the light of wider pressures on public spending. Public sector pay needs to be fair both for public sector workers and the taxpayer. Around a quarter of all public spending is spent on pay and we need to ensure that our public services remain affordable for the future.
It is also vital that our world-class public services continue modernising to meet rising demand for the incredible services they provide, which improve our lives and keep us safe.
The report has been laid before Parliament today. I am grateful to the chair and members of the PRB for their report.
[HCWS915]
HM Courts & Tribunals Service
David Gauke Excerpts(5 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
I am today announcing the outcome of five separate consultations published on 18 January 2018 relating to the future of eight courts within HM courts and tribunals estate [HCWS412].
More than 700 responses to these consultations were received and each was considered carefully against the overarching principles governing estates reform as set out in the 2015 consultation document, “Proposal on the provision of court and tribunal estate in England and Wales”. These principles are arranged in three themes: ensuring access to justice; delivering value for money; and enabling efficiency in the longer term.
As a result, I have decided that the following courts should close:
Banbury magistrates and county court and Maidenhead magistrates court
Chorley magistrates court and Fleetwood magistrates court
Northallerton magistrates court, and
Wandsworth county court, and Blackfriars Crown court.
I have concluded that the proposal to close Cambridge magistrates court should be withdrawn. This proposal received the largest number of responses to the consultation and the decision to consult was a finely balanced one, not least because this is a court in a strategic centre serving a large surrounding area. There is excess court capacity in the area but, following new information regarding the likely proceeds of disposal and consideration of the cost of re-provision, I have concluded the value-for-money case for closure has not been made. HMCTS will continue to explore further ways to manage under-utilisation of existing buildings in the region and across the country as part of its wider estates strategy.
In January, we also published for consultation “Fit for the future: transforming the Court and Tribunal Estate”, setting out our proposed approach to the future management of the HMCTS estate in the context of the wider modernisation programme. We have received many detailed responses to these proposals and these are still under consideration.
A response to this consultation will be published in due course. But, given the local interest in the eight courts and the need for certainty for those who use them, I felt it would not be right to delay our response to these proposals until we were ready to respond to the strategy consultation.
All savings and money raised through disposals as a result of these closures will be in invested to support the HMCTS reform programme backed by both the Government and the senior judiciary. This programme will help to provide a more accessible and efficient justice for all those who use it.
[HCWS920]
Oral Answers to Questions
David Gauke Excerpts(5 years, 10 months ago)
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Alex Chalk (Cheltenham) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Reoffending costs society around £15 billion a year. We must support people’s rehabilitation through education and employment opportunities, both when serving their sentence and after. We launched the education and employment strategy in May, and our reforms will empower governors to commission bespoke, innovative education provision that meets the needs of their prisoners and links to employment opportunities on release. Our reforms will also engage and persuade employers to take on ex-prisoners via the New Futures Network. We have consulted governors and employers on proposals to increase the use of release on temporary licence to enhance employment opportunities.
Jeremy Quin
May I press the Secretary of State on the release on temporary licence scheme? What are the measures of success? How useful has it been in getting prisoners out of prison and into full-time employment on an ongoing basis?
Mr Gauke
It is useful, but I want us to do more of it. The education and employment strategy seeks to expand the use of workplace release on temporary licence— ROTL—to get prisoners who have earned it and who have been properly risk assessed out of their cells and into real workplaces. That will enable prisoners to build trust and prove themselves with an employer. If people do ROTL, they are more likely to be employed, and if they are employed, they are less likely to reoffend.
Jim Shannon
I thank the Secretary of State for his response. Of the 4,221 prisoners who reoffended in Northern Ireland, over two fifths, 43.6%, reoffended within the first three months. Will the Minister outline whether any initiatives are specifically aimed at providing guidance in those all-important first three months?
Mr Gauke
The hon. Gentleman raises an important point. Whether through the probation service, through charities or in prisons, we need to ensure that offenders get support when they are released. A lot of that work can be done within prison, which is why the education and employment strategy is so important. We want people to be geared up to go into employment when they are released, because if they are employed, they are less likely to offend.
Alex Chalk
I warmly welcome attempts to improve the employability of those in custody, but that will work only if the training relates to jobs that individuals want and for which there is a need in society. What steps are being taken to ensure that the resources are properly targeted at what will work best?
Mr Gauke
My hon. Friend is right. Returning again to the education and employment strategy, our emphasis is on ensuring that training is focused on what will help people into work, and we are giving governors greater control and discretion to ensure that they are well placed to do that.
Bridget Phillipson (Houghton and Sunderland South) (Lab)
Mr Gauke
The female offender strategy, which I outlined a couple of weeks ago, has by and large had a positive response, and our focus on residential centres has been warmly welcomed. Of course, there are those who are calling for us to go further, and we will continue to listen and engage, but the direction in which we are going has widespread support and fully recognises the hon. Lady’s important point that we need to address complex needs.
Rebecca Pow (Taunton Deane) (Con)
Data has highlighted that two thirds of young offenders have speech, language and communication problems. Does my right hon. Friend agree that, with joint working across the Department for Education, the Department of Health and Social Care and the justice system to bring forward programmes that will tackle the issue from birth, such as parental training, more health visitors and better advice, we could actually prevent many young people from ever getting into the criminal justice system?
Mr Gauke
My hon. Friend raises several important points, and I will try to address one or two of them. On the need for us to work across Government, many issues are not just for the Ministry of Justice, but for the likes of the Department of Health and Social Care and the Department for Education. It is also the case that we want to work upstream, because if we can address the complex problems that exist, we can stop people committing crimes in the first place.
David Hanson (Delyn) (Lab)
Effective employment via the Through the Gate programme depends on effective community rehabilitation companies, which the Select Committee on Justice recently described as “wholly inadequate.” What plans does the Secretary of State have to fix community rehabilitation companies in Through the Gate?
Mr Gauke
The right hon. Gentleman is correct to say that the Through the Gate service needs to improve, and we are engaging with CRCs on that issue. We recognise it does not meet the standards we require, and it is important that we engage. We have been clear with the CRCs that they need to improve their performance, and we are in commercial negotiation with providers to secure the quality of services, including Through the Gate services, that we need.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
David T. C. Davies (Monmouth) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The education and employment strategy will set each prisoner on a path to employment from the outset. Through work, people can turn their backs on crime. Good behaviour and hard work will be rewarded with opportunity. Since the strategy’s publication, more than 30 new organisations have registered an interest in working with offenders. Nine Government Departments are signed up to the Going Forward into Employment pilot to hire ex-offenders in the civil service, and the first cohort of offenders is already in post.
David T. C. Davies
I thank my right hon. Friend’s Department for the interest it has already shown in a project to enable serving prisoners to undertake the theoretical exams required for a career in the haulage industry, which is currently very short of workers. As a result of the meetings I have had with the Department, a pilot project is taking place in south Wales. I thank Ministers for that and ask that they continue to show interest in the project.
Mr Gauke
I thank my hon. Friend for his point. It is an example of where I hope that my Department and Her Majesty’s Prison and Probation Service can work with employers to ensure that we help get more people into work, which is good for the individual offenders, good for the employers and society benefits as a whole because it contributes to reducing reoffending.
Chris Elmore (Ogmore) (Lab)
The Justice Secretary will know that there is no women’s prison in Wales and I am not advocating that there should be one. However, that will mean that there are considerable issues of geography for some women who do commit offences, so can he set out how he is able to support women who do offend, who live in Wales and who wish to relocate there in order to find employment in communities that they know and in which they have often grown up?
Mr Gauke
I thank the hon. Gentleman for his question. I point him in the direction of the female offender strategy, which we published a couple of weeks ago. One point that we argue in that is that, in many cases, custodial sentences are not the right approach, particularly for female offenders who, disproportionately, are sentenced to short sentences that disrupt their lives and do little to help them rehabilitate. If we can do more about helping in the community and, for example, making use of residential centres, we can help ensure that more female offenders get into work.
Tim Farron (Westmorland and Lonsdale) (LD)
Eighteen months ago, a constituent of mine who had left prison just before Christmas and been through perfunctory training and employment introductions found himself out of prison and living on the street within 36 hours. Before the new year came round, he had committed another offence and been given another 12 months in prison. Will the Secretary of State commit to making sure that packages that are aimed at getting prisoners into work after prison actually work and are not perfunctory and that, from the day a person enters the criminal justice system, they are trained to live a fruitful life once they leave it?
Mr Gauke
I agree entirely with the right hon. Gentleman’s point. He highlights an example—a sad example, but not, I accept, the only one—where people, too quickly, go out of prison and commit a crime and are then set in a cycle of offending and reoffending. The system is not working for them or for society. The purpose of the education and employment strategy, which is implicit in his question, is an important point, and we must ensure that we implement it successfully. The purpose of that is to address this very issue.
Sir Mike Penning (Hemel Hempstead) (Con)
Some of the people who are disproportionately represented inside the prison system are ex-servicemen. What plans does the Secretary of State have to bring charities such as Care after Combat into the prisons to help to ensure that reoffending does not take place and that these people who are heroes one day are not villains the next?
Mr Gauke
My right hon. Friend raises an important point. It is important for all offenders that we address this issue, but there is a particular point about ex-service people. He is right to highlight the very strong charitable sector in this area. I am determined to ensure that we continue to engage with those charities to provide people with the support they need, making sure in particular, in the context of his question, that those who have served this country are not disadvantaged.
Mr Gregory Campbell (East Londonderry) (DUP)
Reducing reoffending rates is crucial. What information are the Minister and the Government providing in wider society to point out the benefits of a reduction in reoffending rates not just for prisoners, but for the wider society?
Mr Gauke
The hon. Gentleman is absolutely right. I have just delivered a speech making that very point, so I am doing my little bit that way. That is a message that we need to be getting across. How do we reduce reoffending? We must rehabilitate and we must help people into employment.
Johnny Mercer (Plymouth, Moor View) (Con)
Kelvin Hopkins (Luton North) (Ind)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
We are currently in commercial negotiations with community rehabilitation companies, with the aim of amending contracts and improving operational performance. Once we have concluded those negotiations, we will be in a position to provide further detail about the changes that we intend to make.
Marsha De Cordova
Last year, the Ministry of Justice bailed out privatised probation companies to the tune of £342 million, leaving the public to foot the bill for their inadequate work, which the chief inspector of probation found to make a negligible difference. Will the Minister commit today that there will be no more bail-outs for those privatised probation companies?
Mr Gauke
We should be clear about what happened. Last year, we amended contracts to ensure that payments made to community rehabilitation companies were more in line with the costs that they incur to deliver core services. We are paying CRCs less than we originally intended when the contracts were let: they are receiving less than their costs, a consequence of over-optimistic bidding on their part. When we talk about bail-outs, we should be clear that those companies are receiving income that is less than it costs them to provide the services.
John Spellar
Why will the Secretary of State not accept the conclusion of the Conservative-led Justice Committee that this is, in its words, “a mess” and may never work? Why does he not stop throwing good money after bad, cut his losses, blame his predecessor and be applauded for bringing this vital service back in-house?
Mr Gauke
As I said in my earlier answer, we are engaging with the CRCs, which do need to improve their service. The model that we have has opened up the delivery of probation services to a range of new providers. It has extended support and supervision to an additional 40,000 offenders leaving prison. First-generation contracts can be difficult to get right—I acknowledge that—but we are taking all necessary steps to get the performance that we require.
Kelvin Hopkins
Given the constant underperformance, high cost and deeply abject failure of private probation companies, is it not time to re-establish a professional, coherent and comprehensively public probation service?
Mr Gauke
I am not sure that the complaint about high cost holds together: the services are being delivered for less than we had expected, although we acknowledge that there are problems. The one thing we hear from the Opposition about justice is that the private sector should be kept out at all costs. I do not think that ideological approach is sensible. It is important that there should be a mixed market.
Yasmin Qureshi (Bolton South East) (Lab)
Last year, as we have heard, the privatised probation services got a £342 million bail-out despite underperforming. There are press rumours that the contract will be changed again. Will the Minister give a commitment today that the privatised probation services will not get a penny more until the Government have held a review into the botched privatisation of probation services?
Mr Gauke
I come back to my previous points. The CRCs have been receiving less income than it costs them to deliver the services. Because of the reforms undertaken a few years ago, 40,000 offenders get support who would have got nothing previously. The contracts can be challenging; it is right that we look at that and deliver good value for money for the taxpayer and good-quality services. That is what we are determined to deliver.
Mr Virendra Sharma (Ealing, Southall) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Today, I have announced an additional £30 million investment in our prison estate, including £16 million to improve facilities at 11 of our most pressed prisons. Some £6 million will enhance security and tackle those co-ordinating drug dealing from inside through scanners, better searching and phone-blocking technology. Since February, 12 such serious criminals have been targeted for disruption, with nine already having been transferred to other parts of the estate, including more secure prisons.
Mr Sharma
The Government are conducting a review of the impact of the swingeing cuts to legal aid since 2012, but they have so far refused to say whether more funding will be made available for legal aid. Will the Secretary of State confirm that additional funding will be made available if it is found to be required, or is the review simply an exercise in moving legal aid funding from one cause to another?
Mr Gauke
The purpose of the review is to assess what we need to do. That is the correct way to go about it. Obviously, we will need to engage with the Treasury in terms of future spending reviews, but we have a serious piece of work, with very substantial engagement with stakeholders, on which to make an assessment of how the legal aid system is working.
Scott Mann (North Cornwall) (Con)
Richard Burgon (Leeds East) (Lab)
In my first two questions today, I focused on the widespread failings of privatisation in our justice system. I have written to the Secretary of State about the close relationship that his Department has with outsourcing giant Serco, a relationship that is ever closer given that his new Minister was once its spin doctor-in-chief. Will the Secretary of State confirm to the House today that he has reorganised responsibilities in his Department, so that his new Minister in charge of youth justice will not be involved in any way in any of the young offender institutions that Serco manages?
Mr Gauke
There has been no reorganisation of responsibilities. There is no conflict of interest here at all. The suggestion that because somebody has worked in the private sector for such a company, there is a conflict of interest is not accurate. The hon. Gentleman’s hostility to the private sector, in this sector and across the piece, is symptomatic of why the Labour party should be kept as far away from the Government Benches as possible.
Julian Sturdy (York Outer) (Con)
Andrew Selous (South West Bedfordshire) (Con)
What analysis has the Ministry of Justice done on how well the public sector is doing in taking on ex-offenders in employment? Does the Minister agree that we cannot just exhort the private sector to step up to the plate in this area if the public sector is not leading by example?
Mr Gauke
My hon. Friend is absolutely right to highlight this point. Indeed, many parts of the public sector are stepping up and doing that—the Prison Service itself takes people on. We have a pilot programme in north-west England that is focused on this. My hon. Friend is tireless in campaigning for employers to take on ex-offenders, and I commend him on his activity.
Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)
Daniel Zeichner (Cambridge) (Lab)
The Under-Secretary of State for Justice, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), wants to close the magistrates court in Cambridge. What assessment has she made of suggested ways to keep a magistrates court in Cambridge, and when will she make a decision?
Mary Glindon (North Tyneside) (Lab)
According to the Public and Commercial Services Union, there are almost 1,200 staff at the Ministry of Justice on poverty pay. Will the Minister support the union’s 5% pay claim for all public sector workers?
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Will the Secretary of State do something about the way in which we treat miscarriages of justice in this country, and will he meet the all-party parliamentary group on miscarriages of justice to discuss it?
Female Offender Strategy
David Gauke Excerpts(5 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Today, I am launching the Government’s female offender strategy following our commitment in the November 2016 “Prison Safety and Reform” White Paper.
If we are to make any significant difference for victims, families and wider society, we must break the cycle of reoffending by taking the necessary steps to understand and address the underlying causes of offending.
The evidence tells us that vulnerability is not just a consequence of crime, it is also a driver of offending behaviour, preventing many from breaking out of a cycle of reoffending.
There is also growing evidence that short custodial sentences do not work in terms of rehabilitation and reducing reoffending. Short sentences generate churn which is a major driver of instability in our prisons and they do not provide sufficient time for rehabilitative activity, especially when we also know that many of these offenders have complex needs and vulnerabilities. In most cases, we know that the best way to meet those needs is to help people get access to the services they need in the community.
Female offenders can be among the most vulnerable of all, in both the prevalence and complexity of their needs. Many experience chaotic lifestyles involving substance misuse, mental health problems, homelessness and offending behaviour, which are often the product of a life of abuse and trauma. Of those female offenders who are in custody, many are sentenced for nonviolent, low-level but persistent offences, often for short periods of time.
If we take the right approach to female offenders—one that addresses vulnerability, follows the evidence about what works in supporting them to turn their lives around, and treats them as individuals of value—it could have substantial benefits for victims, families, and offenders themselves.
This strategy sets out the Government’s commitment to a new programme of work for female offenders, driven by our vision to see:
fewer women coming into the criminal justice system
fewer women in custody, especially on short-term sentences, and a greater proportion of women managed in the community successfully; and
better conditions for those in custody.
To achieve this, we are shifting our focus from custody to the community. Across Government, we are investing £5 million funding over two years in community provision for women. We are committing to working with partners to assess options for delivering a “residential women’s centres” pilot in at least five sites across England and Wales. We want to build the evidence base about what are effective, sustainable and scalable options in the community for diverting women from entering and re-entering custody on short custodial sentences. We will not be proceeding with plans to build five new community prisons for Women.
Given that a higher proportion of women have dependent children living with them prior to imprisonment, incarceration of women may have a disproportionate impact on families and children and increase the risk of intergenerational offending. That is why we are commissioning Lord Farmer to continue his work on the importance of family ties in improving outcomes for offenders, by conducting a further review into female offenders.
Only through effective partnerships, at both a national and local level, which take a holistic approach to tackling the causes underlying the behaviour of female offenders, can progress really happen. That is why the strategy outlines a framework for taking this forward with partners, one which is locally-led, partnership-focused and evidence-based.
As part of this, we will work across Government and with other national and local partners to develop a national concordat on female offenders, which will set out how services should be working together in partnership to identify and respond to the often multiple and complex needs of women involved in the criminal justice system.
We must ensure we are accountable for the priorities set out in this strategy. Therefore, we will publish an annual update on the progress of the work of the strategy and reform the Advisory Board on Female Offenders to give it a greater role in monitoring the delivery of commitments in this strategy.
The female offender strategy is available in full at:
https://www.gov.uk/government/publications/female-offender-strategy
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Justice and Home Affairs Post-Council Statement
David Gauke Excerpts(5 years, 11 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
The Justice and Home Affairs Council took place in Luxembourg on 4 and 5 June 2018. The UK was represented by a senior official from the Ministry of Justice on Justice Day (4 June). The Home Secretary represented the UK on Interior Day (5 June).
Justice Day began with a discussion on the contract law—sales of goods directive. The UK supported the presidency’s approach of a single set of rules in this measure for all goods (including those with embedded digital content), and on guarantee periods, but expressed concern on the potential for full harmonisation of remedies. A more general concern was expressed around the room, including by the UK, about the impact of the remedies provisions on consumer protections set out in national laws. Work will continue at technical level in line with the digital content directive, taking this concern into account.
The presidency secured a partial general approach on the insolvency directive provisions covering the discharge of debts for honest entrepreneurs, training for judges and practitioners and data collection, in line with UK views.
There was a discussion around certain policy questions on Brussels lla, with broad support for circulation of provisional measures in relation to child abduction cases, as well as the need for consent in relation to the placement of children in foster or institutional care in another member state. On the recognition and enforcement of judgments, member states were divided on whether (and how) to treat cases involving children differently, with the presidency concluding that further work would be required at technical level.
There was a report on the preparatory steps needed to be taken to ensure that the European Public Prosecutor’s Office (EPPO) becomes operational in 2020. The UK will not participate in the EPPO.
Member states discussed the misuse of user data and the protection of democracy in relation to Facebook. The UK provided an update on the ICO’s (Information Commissioner’s Office’s) investigation. The Commission noted the importance of fully implementing the General Data Protection Regulation (GDPR) and welcomed the co-operation between the UK and Ireland on the Cambridge Analytica case.
Judicial training and the role of the European judicial training network was discussed over lunch. There was broad support for more money for the network in the next multi-annual financial framework.
The incoming Austrian presidency provided an update on their programme. They will aim to achieve a general approach in a number of dossiers: insolvency, e-evidence, sale of goods, service of documents and taking of evidence; political consensus on Brussels lla; and the adoption of the confiscation, Eurojust and ECRIS TCN (European Criminal Records Information System—Third Country Nationals) measures. The July informal JHA Council will also include a discussion on mutual trust and mutual recognition, and developing ECJ jurisprudence (in particular the Irish references on UK and Polish European arrest warrants (EAWs)).
In a joint session of Justice and Home Affairs Ministers there was a policy debate on the draft EU legislation on improving cross-border access to electronic evidence. Ministers agreed on the need to explore further whether to include live intercept and direct access in the scope of the legislation. The Council also reaffirmed widespread support among member states for a common EU approach towards the negotiation of an executive agreement with international partners, and concluded that the Commission should submit recommendations for negotiating mandates before the summer. The UK has a JHA opt-in decision to take on this regulation by 22 August.
Ministers adopted Council conclusions on support for victims of terrorism. A new co-ordination centre for victims of terrorism will bring together expertise and facilitate co-ordination.
Interior Day began with a discussion on progress made on negotiations on the reform of the Common European Asylum System (CEAS). Of the measures that make up CEAS, the UK has only opted in to the recast of the Eurodac regulation. Member states remained split on the inclusion of a mandatory redistribution mechanism in the recast Dublin regulation. The June European Council will aim to reach agreement as a priority.
There was a policy debate on the regulation amending the Schengen visa code. The UK does not participate in the border and immigration aspects of the Schengen acquis so this legislation has no impact upon the UK.
Over lunch, Ministers exchanged views on the current developments on the migration situation at the eastern, central and western Mediterranean migration routes. The UK reinforced our commitment to the EU-Turkey statement and called for focus on breaking the people smugglers’ business model and encouraged more action on strategic communications. The Council agreed the immediate and short-term measures proposed by the presidency.
Ministers then exchanged views on enhancing co-operation between counterterrorism authorities. The Council endorsed the importance of the Counter Terrorism Group’s work and endorsed the call for heightened co-operation between intelligence and law enforcement communities.
On internal security, the Council signalled continued support for the multidisciplinary approach of the EU policy cycle to counter organised and serious international crime.
Finally, there was a discussion on co-operation between common security and defence policy operations and EU JHA agencies. The Council was updated on the establishment of the new “Crime Information Cell” in the EUNAVFORMED Operation Sophia.
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Oral Answers to Questions
David Gauke Excerpts(5 years, 11 months ago)
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Grahame Morris (Easington) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
A home provides a released offender with a stable platform and increases their chances of finding a job, accessing health services and tuning their lives around. The Government aim to eliminate rough sleeping by 2027. As part of this commitment, my Department will work with the Ministry of Housing, Communities and Local Government to pilot initiatives, helping those with a history of offending to access and sustain suitable accommodation. We are also working closely with the Department for Work and Pensions to explore ways of enhancing the current benefit claim system.
Grahame Morris
I thank the Minister for his response, but I recently supported a constituent who, after six months in prison, had successfully kicked his drugs habit. After being released from prison with no housing or benefits in place, he had to rely on former associates for support. He has now returned to drugs and his chaotic lifestyle—the one he wanted to escape. Does the Minister believe that lack of supervision and support for offenders leaving prison is likely to increase or decrease reoffending?
Mr Gauke
We must work across government to ensure that those circumstances do not happen. It is right that we engage with local authorities, the MHCLG and the DWP to ensure that the support is there, and we also need to make sure that the probation service is working as it should to provide support for those offenders.
Andrew Selous (South West Bedfordshire) (Con)
Some local authorities claim that prisoners sent away from their home area have no local connection when they need to find housing. Will the Secretary of State have a word with the Secretary of State for Communities to make sure there is no discrimination among local authorities against ex-offenders; they just need to be treated fairly, the same as everyone else?
Mr Gauke
My hon. Friend makes a good point and we discuss this issue with the MHCLG. We are also working with the Local Government Association in advance of its October commencement of the duty to refer under the Homelessness Reduction Act 2017 to improve partnership working between prisons, probation providers and local authorities.
Chris Elmore (Ogmore) (Lab)
Release from prison is particularly difficult for women, and I have raised this issue with the Prisons Minister, the hon. Member for Bracknell (Dr Lee), in Westminster Hall. Will the Secretary of State set out what he will do to support women up for release, not just in respect of when they are released from prison but also in keeping the family link, which is extremely important?
Mr Richard Bacon (South Norfolk) (Con)
Prisoners who build their own houses and then rent them at an affordable rent are much less likely to reoffend. Will the Secretary of State meet me and members of the Right to Build Task Force to discuss how this excellent initiative can be spread more widely?
Sir Edward Davey (Kingston and Surbiton) (LD)
Does the Secretary of State accept that the number of ex-offenders ending up homeless has increased significantly in recent years, and will he accept that his Department’s policy objectives for reducing reoffending and helping rehabilitation will go nowhere unless this issue is tackled?
Mr Gauke
I accept that if we want to reduce reoffending and to rehabilitate, we have to ensure that we address the issue of housing. I absolutely accept that, which is why I am determined to work with local authorities and the Ministry of Housing, Communities and Local Government to address it.
Eddie Hughes (Walsall North) (Con)
Alan Mak (Havant) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
On 24 May, we launched the education and employment strategy to create a system in which each prisoner is set on a path to employment from the outset. This is vital because reoffending costs society around £15 billion each year. Effective rehabilitation needs prisoners to be willing to commit to change, take advice, learn new skills and take opportunities to work, and if they participate in learning and get a job, they are less likely to reoffend.
Bob Blackman
I thank my right hon. Friend for his answer, and for his earlier mention of my Homelessness Reduction Act 2017 and the duty to ensure that ex-offenders get a decent house when they leave prison, which comes in in October. More widely, will he review education training and reward ex-offenders for participating in such programmes so that they do not reoffend when they leave prison?
Mr Gauke
I pay tribute to my hon. Friend for his work on the Homelessness Reduction Act, which was a significant achievement. In respect of making sure that the incentives in the system are right, my hon. Friend absolutely hits the nail on the head. I am determined to ensure that we have the right incentives in the system to reward good behaviour and to bring down reoffending.
Iain Stewart
Milton Keynes College is a leading provider of offender-learning programmes. I have discussed the New Futures Network with college staff, and while they welcome the Government’s new strategy, they and I would be grateful for further details of how employers will be incentivised, and perhaps even mandated, to employ a certain percentage of ex-offenders.
Mr Gauke
Our approach is to encourage employers to take on ex-offenders. Some employers do marvellous work and not only make a real contribution to society, but find that they get very good employees. There are also employers who, frankly, are not engaging at all. There has been a change in public mood on this issue and we want to encourage much more engagement. We all have a role to play.
Mr Gauke
My hon. Friend raises an important point. Information and communications technology forms part of the prison common core curriculum. It will be increasingly important, which is why it is right that we provide training in digital and technology skills. It is worth pointing out that from April 2019, governors will be given increased flexibility to commission the right education mix for their prisons. We expect that digital and technology will feature highly in governors’ plans.
Thangam Debbonaire (Bristol West) (Lab)
I refer the House to my entry in the Register of Members’ Financial Interests.
Domestic violence offenders are particularly prone to repeat offending, so what commitment will the Secretary of State give to ensuring that the mandatory provision of domestic violence perpetrator programmes is made available to domestic violence offenders in all prisons through the domestic abuse Bill?
Mr Gauke
I am grateful to the hon. Lady for raising that point. She is absolutely right about the repeat-offending nature of domestic abuse. She will be aware of the Government’s consultation on domestic abuse, which concluded at the end of last month. We are looking at ways in which we can bring down reoffending, and getting the right courses and training in prisons, including on domestic abuse, is very important.
Mr Gregory Campbell (East Londonderry) (DUP)
Education is particularly important in trying to ensure that offenders not only do not reoffend, but get employment post-custody. What steps is the Minister taking to ensure that governors in all prisons right across the regime are aware that prisoners’ educational attainment is paramount if they are to find employment once they leave prison?
Mr Gauke
The hon. Gentleman raises an important point. On the prisons for which we are responsible, I have set out the education and employment strategy, and the focus is on ensuring that governors have greater control over how they provide education within their prisons. His point about the link between education and employment is absolutely right. Of course, employment is linked very strongly to reoffending rates.
Chris Bryant (Rhondda) (Lab)
May I urge the Secretary of State to look at the correlation and causation between traumatic brain injury and reoffending? The most recent survey that has been done in the prison in Leeds showed that nearly 50% of prisoners had a traumatic brain injury, and that 30% of them had more than five. Does it not make sense to screen every single prisoner when they arrive in prison and ensure that they have rehabilitation for their brain injury?
Mr Gauke
The hon. Gentleman raises an important point, because there is evidence showing links between brain injuries and offending. If I may, I will take away his suggestion about testing across the board to see whether that is the right use of resources—that is something that we would have to look at—but he makes an important point about understanding the link between brain injuries and offending.
Mrs Pauline Latham (Mid Derbyshire) (Con)
When there are employers who wish not only to help people when they come out of prison but to train them while they are in prison, will my right hon. Friend ensure that no prison puts barriers in place because of risk assessments so that we ensure that they can actually help prisoners?
Imran Hussain (Bradford East) (Lab)
We welcome the Government’s emphasis on education and employment skills, as they are the best route out of poverty and the cycle of reoffending, but when the Secretary of State made the announcement, he forgot that he had scrapped the National Careers Service in prisons, and presented an employment strategy that omitted to mention the provision of employment and careers advice. Why was that absent from the strategy?
Mr Gauke
I welcome the Opposition’s support for our focus on education and employment, but may I say to the House that Dame Sally Coates noted in her 2016 review of prison education that the National Careers Service was delivering a service in an increasingly crowded environment, with multiple employment advice and support services operating in custody and through the gate? That was why the decision was made to reform this area. It is right that we do so, but I am determined to ensure that we provide the right support to prisoners so that they can get a job when they are released.
Giles Watling (Clacton) (Con)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
As a pilot, we have introduced basic computers and telephones into prison cells in HMPs Berwyn and Wayland so that prisoners can manage some of their day-to-day tasks such as ordering meals, making healthcare appointments and booking social visits. This technology also gives prisoners access to learning opportunities and basic educational content, and enables them to telephone their families in a private environment. Prisoners are not given access to the internet.
Giles Watling
Can the Minister reassure me that digital technology in prisons will allow prisoners to access only educational opportunities, rather than the sometimes murky wider digital world?
Mr Gauke
I can provide my hon. Friend with that assurance. The digital technology currently available in prisons provides strictly controlled access to learning and training facilities. It is also used to provide opportunities for prisoners to access services within the prison environment to enable them to manage their time and activities while inside. There is no access to the internet, and strict security control prohibits access to the wider digital world.
Sarah Champion (Rotherham) (Lab)
Kate Green (Stretford and Urmston) (Lab)
The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Since the last Justice questions, my Department has published an education and employment strategy for adult prisoners. My vision is that when an offender enters prison they should immediately be put on the path to employment on release. To deliver this, we are giving governors powers to tailor education provision to employers’ requirements. We are launching the New Futures Network to broker partnerships with employers, and we are consulting on measures to get more prisoners into workplaces on day release during their sentences. Success will mean more prisoners leaving custody ready for work and more employers ready to hire them.
Kate Green
Releasing prisoners immediately before the weekend, when housing offices, benefits offices and other sources of advice are closed, leaves vulnerable individuals without support and more likely to reoffend. Will the Justice Secretary take immediate steps to address this ridiculous practice?
Mr Gauke
I thank the hon. Lady, because I hear exactly the point that she is making. I have asked my Department for the evidence on this issue. If the evidence does point towards worse levels of reoffending and real difficulties for offenders if they are released on a Friday, we will look at that.
Alex Chalk (Cheltenham) (Con)
Sir Edward Leigh (Gainsborough) (Con)
Mr Gauke
My hon. Friend may have noticed that I made some remarks recently that were very sympathetic to that point of view. He has been effective before becoming a bore; I congratulate him on that. Reoffending rates for those given a short sentence are higher than for those given a non-custodial sentence, which is why we are delivering alternatives.
Tonia Antoniazzi (Gower) (Lab)
Craig Tracey (North Warwickshire) (Con)
Mr Jim Cunningham (Coventry South) (Lab)
Mark Pawsey (Rugby) (Con)
Futures Unlocked is a Warwickshire charity with a community café called Moriarty’s in Rugby, providing work experience and job opportunities for those who have just completed a prison term. Does the Minister agree that locally managed schemes such as that are valuable in reducing reoffending rates?
Mr Gauke
Very much so, and I want to pay tribute to the employers, businesses and charities that do so much in this space. I am pleased that there is a consensus in the House that we need to focus on rehabilitation and reoffending, and one of the best ways of doing that is focusing on employment.
Christian Matheson (City of Chester) (Lab)
Robert Neill (Bromley and Chislehurst) (Con)
Will the Secretary of State confirm that the single departmental plan means that greater priority will be given to developing robust non-custodial sentences to divert those whom it is not necessary to send to prison in the first place?
Mrs Emma Lewell-Buck (South Shields) (Lab)
Will the Secretary of State clarify whether, under the Department’s vision for secure schools, Ministers will close existing penal facilities, or is this yet another way of incarcerating our children?
Andrew Selous (South West Bedfordshire) (Con)
While we regularly praise the likes of Greggs, Timpson and Halfords for the great work they do in employing ex-offenders, do Ministers agree that the time has now come no longer to allow employers that have made a blanket refusal to employ any ex-offenders to carry on such an approach in secret?
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
When I was a councillor, I visited Porterfield Prison many times and learned many things, including how to start a Mercedes without the ignition key. Will the Minister tell us how the splendid new parliamentary scheme will have an impact on the lives of our prisoners, and on their hopes, needs and aspirations?
Mr Philip Hollobone (Kettering) (Con)
The EU prisoner transfer directive was meant to enable us to transfer thousands of EU prisoners in UK prisons to a prison in their own country. How many EU prisoners have we actually transferred?
Alex Norris (Nottingham North) (Lab/Co-op)
Earlier this year, HMP Nottingham was issued with an urgent notification as it is fundamentally unsafe. Will Ministers tell me how many assaults on staff there have been at the prison since this notification was triggered?
Chris Bryant
Will the Secretary of State also look at the issue of acquired brain injury in the youth justice system? One of the most interesting pieces of work being done at the moment shows that we can divert some of the most difficult, troubled children if we bring together psychologists, psychiatrists and prison and probation officers—all the different teams—to transform individual lives.
Mr Speaker
It is a pity that the hon. Member for Kettering is not here, but I am sure that he will get to hear of it very soon. We are extremely grateful to the Secretary of State.
Prison Education and Employment
David Gauke Excerpts(5 years, 11 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
Today, the Government are launching the Education and Employment Strategy for adult prisoners. It builds on the ambitions of the November 2016 White Paper “Prison Safety and Reform”.
Work has the power to change people’s lives, especially those of ex-prisoners. A prison sentence rightly serves as a punishment, depriving someone of their liberty. However, for those offenders who want to turn their backs on crime, prison should also be a catalyst for change. The vision at the heart of this strategy is that when an offender enters prison they should be put, immediately, on the path to employment on release.
We know that people with criminal convictions face significant barriers on release from prison, with access to employment and education being at the forefront. Not only are many ex-prisoners often unprepared for employment on release in terms of their skills and training, there remains a stigma among some employers about hiring people with a criminal conviction. With reoffending costing the UK billions each year, this strategy sets out to help break down the barriers and prejudices offenders often face in trying to secure employment.
Our reforms to prison education will give governors the tools they need to tailor provision to the requirements of employers and the needs of their prisoner populations. This approach builds on the commitments we made in the White Paper “Prison Safety and Reform”, putting into practice the key principles of governor empowerment and accountability that underpinned the recommendations in Dame Sally Coates’ seminal review. Governors will control their education budget, will decide what curriculum is most appropriate for their learner population, how it is organised and, crucially, who delivers it. These are far-reaching changes that governors themselves demand.
It is essential that prisoners develop their skills and gather experience through work during custodial sentences. Prison jobs are a key part of this, as is release on temporary licence (ROTL), which enables prisoners to undertake work in real workplaces. Evidence published today underlines the link between increased use of ROTL and reduced reoffending and we are also today consulting those who make ROTL decisions and those who provide ROTL placements on how to get more risk-assessed prisoners out of their cells and into real workplaces.
For offenders who play by the rules, we want to use incentives like workplace ROTL to encourage continued good behaviour and help support a turn away from violence and disorder in our prisons. We will develop a new operational policy framework that will allow prison governors to better tailor their ROTL regime to the circumstances of each offender and the opportunities available.
The strategy also sets a range of commitments to boost employment for prisoners once they are released. These include:
The New Futures Network (NFN) will engage and persuade employers to take on ex-prisoners, with experts placed in every geographical prison group in a phased roll-out across England and Wales.
The civil service will recruit ex-prisoners, providing jobs and acting as a role model for other employers.
The DWP and Ministry of Justice will work together to explore new ways to deliver enhancements to the current benefit claim service, so that prison leavers have immediate easier access to financial support on the day of release.
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