Justice and Home Affairs Council
David Gauke Excerpts(6 years, 3 months ago)
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The Secretary of State for Justice and Lord Chancellor (Mr David Gauke)
The first meeting of EU Interior and Justice Ministers during the Bulgarian presidency took place on 25 and 26 January in Sofia. Her Majesty’s ambassador to Bulgaria, Emma Hopkins, and a senior Government official represented the UK for interior day. I represented the UK for justice day.
Interior day began with a debate on European asylum policy. The presidency set out its objective to conclude negotiations on the reform of the common European asylum system (CEAS) package, including Dublin IV, by the end of June. Member states supported the aim of concluding negotiations by June but there remains a lack of consensus on the inclusion of burden sharing mechanisms in Dublin IV. The UK continues to support a comprehensive approach to migration but does not support a mandatory redistribution system within the EU and has not opted into the Dublin IV regulation.
Over lunch, Ministers discussed the global UN compact on migration (GCM), which will be negotiated in the UN over the next six months. The discussion aimed to initiate consideration on the alignment of member states’ positions on the principles of the GCM text. The UK is committed to agreeing a global framework for a new approach to orderly, safe and regular global migration. The UK reaffirmed the Government’s principles that underline our approach to achieving this, in particular that refugees should seek protection in the first safe country they can reach; that a distinction needs to be maintained between economic migrants and refugees; and that states have the right to control their borders and the duty to accept their citizens back.
Interior day ended with a discussion on integrated border management. Member states highlighted priorities for co-operation among the relevant authorities and agencies involved in border security and with third countries to help secure the Union’s external border. These priorities related specifically to implementation of the European Border and Coast Guard Agency (EBCGA) and related EU databases—the entry/exit system (EES) and the European travel information and authorisation system (ETIAS). The UK recognises the importance of increased border security across the EU. However, the UK is not part of the border aspects of the Schengen agreement and therefore does not participate in the EBCGA, EES or the ETIAS.
Justice day began with a consideration of the issues relevant to future co-operation between the European Public Prosecutor’s Office (EPPO) and other partner agencies and offices of the EU, such as Europol, Eurojust and the European Anti-Fraud Office (OLAF). Member states agreed on the importance of clear working relationships, with a clear delimitation of responsibilities so that the EPPO does not limit or encroach upon other agencies’ competences. The Government have been clear that we will not participate in an EPPO and did not opt-in to the regulation.
The day continued with a discussion on the Brussels IIa recast regulation. Member states agreed that the continued requirement for exequatur in some family cases was a significant obstacle to the operation of the system and should be abolished. Similarly, it was agreed that the grounds for refusal of recognition of a judgment should be limited, which is of particular importance where children are concerned.
The Commission presented an update on the progress of the forthcoming legislative proposal on cross- border law enforcement access to e-evidence held by communications service providers. The Commission aims to present the proposal to the JHA Council in March. The Government will consider their position and whether to opt in to the proposal when it is published. The Commission also provided an update on the code of conduct on countering illegal hate speech online which was signed in June 2016 by major social media companies and aims to ensure illegal hate speech is removed within 24 hours. The Commission detailed the progress made by social media companies and explained their intention to expand the number of signatories to the code.
Over lunch, Ministers discussed the justice issues raised by artificial intelligence, in particular on questions of liability. Member states broadly agreed on the need for clear, but light touch, rules on liability which would create certainty to allow investment decisions to be taken without overregulating and discouraging innovation.
[HCWS443]
Oral Answers to Questions
David Gauke Excerpts(6 years, 3 months ago)
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Ben Bradley (Mansfield) (Con)
The Secretary of State for Justice and Lord Chancellor (Mr David Gauke)
The Government have made it a priority to ensure that there is a smooth legal transition both in our negotiations with the EU and in our domestic implementing legislation. I fully appreciate that Scotland and Northern Ireland have distinct legal systems, and that is why my Department has been working closely with the devolved Administrations, looking at how our legal and justice systems are affected by EU exit. The Government are clear that a good deal with the EU will be one that works for all parts of the United Kingdom.
Neil Gray
I welcome the new Secretary of State to his position, having shadowed him for a few months when he was Secretary of State for Work and Pensions.
The UK Government’s position papers on judicial co-operation in civil matters, data protection and judicial oversight have been dismissed by EU interlocutors as unsatisfactory, due to their lack of realism and detail. Does the Secretary of State intend to respond to that by producing more realistic and detailed proposals?
Mr Gauke
First, I thank the hon. Gentleman for his words. It is pleasing to know that, wherever I go, he follows.
Regarding the hon. Gentleman’s question, we are ambitious—we want to get the best deal. I appreciate that, in the course of negotiations, it is possible that our interlocutors will express an adverse opinion, but we will continue to engage and to be ambitious.
Drew Hendry
The Secretary of State has acknowledged Scotland’s distinct legal and judicial system. The role of Lord Advocate in overseeing the investigation and prosecution of crime means that, in Scotland, there is direct co-operation between Scottish law enforcement agencies and their European counterparts. Will the Minister give details of the consultations between his Department, and the Scottish Government and Scottish Law Officers in that regard?
Ben Bradley
Will the Minister update the House on plans in relation to foreign criminals in UK prisons and on whether, after we leave the EU, we might be able to return those who break our laws to their country of origin, rather the UK taxpayer footing the bill for their stay at Her Majesty’s pleasure?
Mr Gauke
Since 2010, we have removed more than 40,000 foreign national offenders from our prisons, immigration removal centres and indeed the community. There is a range of removal mechanisms that enable the return of foreign offenders to their home countries. The Government are now considering future criminal justice arrangements with the EU with the aim of continuing our close working relationship.
Kate Green (Stretford and Urmston) (Lab)
The Secretary of State will be aware that in family law there are mutual and reciprocal arrangements between EU countries to ensure that judgments are recognised and enforced. How does he envisage the interests of children being protected after we exit the EU and are no longer able to rely on those mutual arrangements?
Robert Neill (Bromley and Chislehurst) (Con)
I welcome my right hon. Friend to his post—it is nice to see a lawyer there. I hope that he has a lengthy tenure, if not quite as long as that of the last lawyer from Ipswich who was Lord Chancellor, and with a better ending.
Much of the debate has been concentrated on criminal justice co-operation. In his speech on being sworn in, my right hon. Friend rightly referred to the importance of the UK as a jurisdiction of choice in civil and commercial litigation. Will he make sure that that aspect is not lost in our negotiations, in particular the importance to London and the UK’s financial services sector of having contractual certainty?
Mr Gauke
I thank my hon. Friend. Given that the last Lord Chancellor from Ipswich was Cardinal Wolsey, who ran into some difficulties in negotiations with a powerful European supranational body, I should tread carefully. It is important that in our negotiations we try as best we can to provide the certainty my hon. Friend seeks.
Joanna Cherry (Edinburgh South West) (SNP)
I welcome the new Secretary of State for Justice to his place. Sir David Edward, a distinguished former judge in Scotland and at the European Court of Justice, has said that so far
“the UK Government has overlooked the significance of the separate Scottish legal system, the Scottish judicial system and the Scottish prosecution system in relation to justice and home affairs issues”
in their negotiations with the EU. Will the new Secretary of State undertake to meet me to discuss how those oversights might be rectified?
Mr Gauke
I am not sure that I would accept the hon. and learned Lady’s characterisation of the position as one of oversight. I made it clear in the very first answer I gave in this role that I fully appreciate that Scotland had a distinct legal system. However, I would certainly be delighted to discuss the matter with her further.
Joanna Cherry
I am grateful to the Secretary of State for agreeing to meet me, but that was not my characterisation; it was the characterisation of a senior judge in the Scottish courts and in the Court of Justice. The judge went on to describe the UK Government’s paper on enforcement and dispute resolution as
“an undergraduate essay which would have failed”.
He says that those who are writing the papers are not aware of the problems posed by the separate Scottish legal system and that they do not want to hear from the experts who have offered to help. This is a serious problem. Will the Secretary of State, in his new role, undertake to listen to those who know about the Scottish legal system and to take on board their concerns in his negotiations on these matters?
Mr Gauke
I want to ensure that we end up in a position that is good for the legal system and legal services in every part of the United Kingdom. That certainly includes Scotland, and of course I will want to engage with representations and representatives from all parts of the United Kingdom to ensure that we get the best possible deal.
Mr Philip Hollobone (Kettering) (Con)
After Brexit, can we do something that we cannot do now? In other words, if an EU national is found guilty of an imprisonable offence, will we be able to deport them to serve their sentence in prison in their own country and ban them from ever returning?
Mr Gauke
As I said to my hon. Friend the Member for Mansfield (Ben Bradley), we are considering future criminal justice arrangements with the European Union. We want close working relationships, but we also need to work together to ensure that foreign national offenders can be removed when possible.
Tom Pursglove (Corby) (Con)
The Secretary of State for Justice and Lord Chancellor (Mr David Gauke)
It is critical that the voice of the victim is heard in the criminal justice system. The victims code is clear that victims are entitled to make a victim personal statement to explain in their own words, to a court or to the Parole Board, how the crime has affected them. We are spending £96 million this year to fund critical support services for victims of crime. Under the code, all victims are entitled to a needs assessment to determine what emotional and practical support they need.
Tom Pursglove
I know from a family in my constituency that making a victim impact statement, and having to do so regularly, is a very stressful and nerve-racking experience. What steps is he taking to ensure that in those situations the victim, rather than the offender, is the priority?
Mr Gauke
My hon. Friend has raised this with me before. We are committed to making sure that practical and emotional support is in place for victims throughout the criminal justice process, such as by providing independent sexual violence and domestic violence advisers. If victims wish to attend a parole hearing to present their victim personal statement, a Secretary of State representative is allocated to provide support and guidance on the day.
Paula Sherriff (Dewsbury) (Lab)
Steven Mullins was 12 years old when he was abducted, sexually assaulted and brutally murdered on his way home from school. His killer was released last month. Although the family submitted a victim impact statement, they feel extremely let down both by the Parole Board and by the victim liaison service, which have lost their letters, ignored their letters and left so many of their questions unanswered. It appears that a worrying pattern is emerging. Will the Minister please meet me and Mr and Mrs Mullins to give them some of the answers they deserve?
Mr Gauke
First, I express my sympathy with Mr and Mrs Mullins, who have experienced the most horrendous situation. In the context of another case, I have already made it clear that we need to look again at how the victim support process works. We want to look at that specific case and, more generally, at how we can improve the situation of victims. In this particular case, of course I am willing to meet the hon. Lady and Mr and Mrs Mullins to see if their concerns can be properly addressed.
Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)
I welcome my right hon. Friend to his post. In 2009, my constituent Mr Samuel was acquitted of common assault following an unsuccessful prosecution centred on a fabricated witness statement by the police. Since then, his efforts to seek redress through the courts have been frustrated by a cover-up that I believe reaches right to the top of the Crown Prosecution Service. Will my right hon. Friend please accept a meeting with me at his earliest convenience to discuss the real issues concerning this case?
Richard Burgon (Leeds East) (Lab)
I welcome the Secretary of State to his post. Victims must be at the heart of our justice system, but we have seen failings in enabling victims to give their impact statements in the Worboys case. We have seen the police failing victims, and victims are asking why there were no further prosecutions. In fact, victims feel let down throughout the process. I ask the Secretary of State once again to support victims, and to help to restore their faith and that of the wider public in our justice system. Will he agree today to an independent end-to-end review of the whole handling of this case?
Mr Gauke
As I announced to the House on Friday, Dame Glenys Stacey has agreed to undertake a fact-finding review of what happened with regard to victims in the Worboys case. It is important that we get to the bottom of precisely what happened and whether processes were followed. I am aware of conflicting evidence on that point, so it is important that we pursue it. I quite understand why the hon. Gentleman suggests an end-to-end review, and indeed there are questions that need to be considered about what happened in 2008-09 and so on. As I have said before, at the moment I want to focus on the immediate questions in front of us in terms of support for victims and the Parole Board process.
Zac Goldsmith (Richmond Park) (Con)
The proposed release of John Worboys has absolutely horrified and terrified his many, many victims. Like me, they are appalled to learn today that he has been moved to London’s category A Belmarsh Prison. Will my right hon. Friend assure us that he will do everything in his power to ensure that Worboys is released with strict licence conditions that keep him out of Greater London?
Mr Gauke
My hon. Friend has been tireless on this matter in recent weeks. The precise conditions are operational matters that are decided at operational level, but let me reassure him that nearly a fortnight ago I wrote to the relevant authorities and stressed the need to ensure that the concerns of victims are at the heart of the process and that the most stringent conditions are applied.
Rosie Cooper (West Lancashire) (Lab)
Alberto Costa (South Leicestershire) (Con)
The Secretary of State for Justice and Lord Chancellor (Mr David Gauke)
Public safety is the primary consideration in Parole Board decisions on releasing a prisoner. The law requires that the Parole Board may direct release only if it is satisfied that continued detention is no longer necessary for the protection of the public. Parole Board members are selected on account of their experience and ability to assess risk. Their decisions are based on a comprehensive assessment of the ongoing risk posed by the offender, using detailed reports produced by risk management professionals. More broadly, I have already announced that my Department will be carrying out a full review of the relevant processes and procedures in place for victims relating to Parole Board decisions, and we will consider whether they should be improved.
Alberto Costa
I welcome my right hon. Friend to his post. Both of us worked in the same City firm—Richards Butler—at different stages over a number of years. In light of the recent John Worboys case, my constituents have raised similar concerns with regard to the release of Colin Pitchfork who brutally raped and murdered two teenage girls in my constituency and pleaded not guilty. He was only found guilty as a result of DNA evidence, which was a first at the time. What assurances can my right hon. Friend provide for the safety of my constituents and others who have not been fully considered in this matter? Will he assure us that the Parole Board will take into account the safety of our citizens in regard to Mr Pitchfork’s release?
Mr Gauke
I thank my hon. Friend for his remarks. The safety of the public is the Parole Board’s overriding concern in considering whether a prisoner should be released, and that will be the Board’s concern when it comes to reviewing Pitchfork’s detention. I can confirm that the families of Pitchfork’s victims are receiving regular contact under the Probation Service Victim Contact Scheme. Specifically, they have been given the opportunity to submit a victim personal statement to the Parole Board and to make representations regarding licence conditions for any upcoming parole hearing.
Jim Shannon (Strangford) (DUP)
On the special protections in place for the release of sex offenders, does the Minister believe that releasing them to the same area that the attacks took place re-traumatises the victims and stirs up community anxiety?
Justine Greening (Putney) (Con)
In relation to the Parole Board’s review of public safety, for those of us with deeply concerned victims of John Worboys in our constituencies, can my right hon. Friend confirm that the Government will at least co-operate with the judicial review now being brought by victims?
Mr Gauke
In my statement to the House on Friday, I set out that I would not be pursuing a judicial review on behalf of the Government in this case, but I also made it very clear that I did not want to say or do anything that would in any way stand in the way of others who may have different routes into a judicial review. I maintain that position.
Neil Coyle (Bermondsey and Old Southwark) (Lab)
Priti Patel (Witham) (Con)
The Secretary of State for Justice and Lord Chancellor (Mr David Gauke)
The Worboys case has made it clear to me that there are some aspects of the Parole Board’s decision-making process that need to be examined and improved. It is crucial that we preserve the independence of the Parole Board, but equally important that these decisions can be scrutinised and, in some circumstances, reconsidered. That is why I announced on Friday the expansion of the scope of the review of the Parole Board to include not just transparency of decision making, but whether, in what circumstances, and how outcomes can be challenged. I will not rush to conclusions. This is a complex area where the rightful concerns of victims will be considered but also balanced with the legal rights of offenders. We will have completed the review by Easter, and I will report thereafter.
Priti Patel
The Lord Chancellor will be aware of the case of my constituent who was left blinded in one eye and unable to work because of her abusive ex-partner. The offender was sentenced by our court to a pathetically small 22 months and released early, and the Crown Prosecution Service could not be bothered to pursue a compensation order. Will he personally review how this case has been handled, the soft sentence given, and the failures of the criminal justice system to support the victim?
Mr Gauke
I am grateful to my right hon. Friend for raising what certainly appears to be an extremely distressing case. We are looking at options to strengthen our response to domestic abuse and hope to bring forward proposals soon. I cannot comment on individual sentencing decisions, and prosecution decisions are made by the CPS. I will, however, look at the role that my Department had in this case and write to her in response to her specific questions.
Mrs Emma Lewell-Buck (South Shields) (Lab)
Ruth George (High Peak) (Lab)
Mr Gauke
First, as I said a moment or so ago, we are looking to say more about domestic violence in the near future. This is a matter that the Government take very seriously across the board. On legal aid, as the Under-Secretary of State, my hon. and learned Friend the Member for South East Cambridgeshire, has already pointed out, we are currently undertaking a review.
Julia Lopez (Hornchurch and Upminster) (Con)
We know that conversion to a radical brand of Islamist thinking too often occurs in a prison setting. Will the Minister update the House on the work being done to address this issue and set out the procedures to vet religious officials working with the vulnerable prison population?
Liz McInnes (Heywood and Middleton) (Lab)
Following campaigns by victims’ families, the Government announced in October last year that they would bring in tougher sentences for those causing death or serious injury by dangerous driving, but still nothing has happened. Why the delay?
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I would like to put on record my role as co-chair of the justice unions parliamentary group.
When north Wales’s only prison, HMP Berwyn, partially opened on 28 February last year, its regime of skills development and rehabilitation was lauded as pioneering, yet we now learn that, in its first six months, 27 staff members left, and I am told by the Prison Officers Association that morale is at rock bottom. I understand that, in the early months, prisoners assaulted staff on nine occasions, and only one was referred to police. How will the Minister improve offenders’ rehabilitation when recruitment, retention and, critically, staff safety at HMP Berwyn are in crisis?
Andy Slaughter (Hammersmith) (Lab)
Thank you very much, Mr Speaker.
Has the Secretary of State seen the investigation published at the weekend by The Sun into new allegations of misconduct by the west London coroner, including bullying, sexism and homophobic conduct towards staff? Despite previous findings of serious misconduct, three-year delays in issuing death certificates, secret inquests being held at night and important case papers being lost, he has been cleared by the Secretary of State to return to work. Will the Secretary of State meet west London MPs and council leaders to discuss this crisis?
Chris Ruane (Vale of Clwyd) (Lab)
The number and percentage of women given custodial sentences has dropped in many areas of the country. In north Wales, the figure has increased by 57%. Will the Minister look into the reasons for this huge increase?
Parole Board: Transparency and Victim Support
David Gauke Excerpts(6 years, 3 months ago)
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The Secretary of State for Justice and Lord Chancellor (Mr David Gauke)
With permission, Mr Speaker, I should like to make a further statement on the Parole Board’s decision to release John Worboys and the Government’s response to the issues raised by this case.
I know that the victims of these horrific crimes have suffered significant emotional trauma. The prospect of the release of this man is deeply concerning to them, to many Members and to the wider public. I owe it to those victims and to the public to consider all the options open to me as Lord Chancellor and Secretary of State for Justice. I therefore took the step of seeking legal advice from specialist leading counsel to establish whether there were grounds to challenge the decision in the courts and therefore to ask the court to stop the release of Worboys before the decision was reconsidered.
Let me set out my approach to judicial review in general. Whatever one’s personal feelings about a case, Ministers should not choose to bring a legal challenge that has no reasonable prospect of success, but it is right that public bodies can be held to account for their actions through due process of law and, specifically, judicial review. There has been significant public debate about the possible basis for a legal challenge in such a case. It has been speculated that there are two grounds open to me to challenge such a decision: that the decision was one that no board could reasonably have taken, or that there were significant procedural failings in the way that the decision was taken.
The bar for a judicial review to succeed is very high. The test for deciding whether a decision is unreasonable is not simply that the decision maker—in this case, the Parole Board—could have made an alternative decision, but that no reasonable person would have come to the same conclusion on the facts of the case. Similarly, on procedure, it would be necessary to identify a failure by the Parole Board to follow the process that would have had a material impact on the decision.
Having taken considered and expert legal advice, I have decided that it would not be appropriate for me, as Secretary of State, to proceed with such a case. Members will appreciate that I cannot go further and expose detail of the legal advice that I have been given. I know that will disappoint the victims in this case and Members. Given the crimes for which Worboys has been convicted, on a personal level, candidly, I share those concerns.
I have taken a close personal interest in this case since I assumed office as the Secretary of State for Justice. It is important that all the victims have clarity as soon as possible, which is why I am before the House today. I can reassure the House and the public that Worboys will not be released until his licence conditions have been finalised. I understand that contact and meetings with victims who have chosen to receive the services of the probation victim contact scheme have taken place this week, and further meetings in respect of his release will take place next week. That will give those victims the opportunity to make representations to the Parole Board on the conditions to which Worboys should be subject on release.
Let me be absolutely clear: Worboys will not be released until the victims’ representations have been properly considered and his licence conditions are in place. Indeed, last week, I asked for assurances that the views of victims were being taken into account and that robust licensing conditions would be put in place to manage his risk.
I am aware that some third parties have indicated that they are seeking to bring legal proceedings themselves and that correspondence has been served on me, as Secretary of State, as a potential interested party to any litigation. I fully support the right of victims to take their own legal advice and to challenge the decision. The approach I am taking does not mean that others, who may have significant interest in the case, are precluded from taking action. Each case depends on the circumstances of each individual bringing a claim. That is one of the reasons why I do not intend to say more on this matter. I would not want to prejudice any legal challenges by commenting further on the facts of this case or the legal advice I have received. I will be taking advice on how my Department should consequently engage in any proceedings, but it would not be appropriate to comment further at this stage.
It is vital that the public and victims have confidence in the justice system, which is there to serve them. This case has exposed some issues with the parole process as a whole. I have already indicated that aspects of the parole process more generally should be examined. In my statement on 9 January, I said that my Department would review the case for transparency in the parole-decision process, how victims are communicated with and how they are appropriately engaged in that process. I now believe that that review should go further, so I have expanded its terms of reference to include consideration of the law, policy, guidance and practice relating to challenges to Parole Board decision making. I have published them today and placed a copy in the Library.
In particular, I have expanded the review to include consideration of whether there should be a mechanism to allow parole decisions to be reconsidered and how that might be best achieved, while retaining the independence of the decision-making process. The review remains a priority for me and for the Government, and despite the significant expansion of the terms of reference, I intend to complete it before Easter.
I acknowledge the concerns that the victim contact scheme, which is operated by the National Probation Service, may not have worked as well as it should have in this case. It is right that, as well as looking at the process around parole decisions for all cases, we consider whether existing processes were followed in this instance. I have therefore asked Dame Glenys Stacey, Her Majesty’s chief inspector of probation, to conduct a rapid fact-finding exercise to confirm whether the legislative provisions, existing policy and processes relating to victims were adequately followed by the National Probation Service in this case. Her findings will inform the wider review.
As I have said, I know that Members are concerned about this case and about how we deal with the release of offenders. I hope that this statement has reassured them of the thorough and careful consideration that I have given to this difficult case and that we are now giving serious and urgent consideration to ways in which the process can be improved to reassure not only victims of these terrible crimes but the wider public.
Imran Hussain (Bradford East) (Lab)
I thank the Secretary of State for prior sight of his statement.
Two weeks ago, it was announced that John Worboys would be released from prison. In those two weeks, it has been absolutely clear that the victims of his vile crimes feel that our criminal justice system has let them down. The criminal justice system must ensure that it has the victims of crime at its core. When it fails in that, it not only affects the direct victims themselves but risks undermining wider public trust in our justice system.
As Labour has reiterated since John Worboys’s release was announced, it is important that the Secretary of State does everything in his power to ensure that the victims of Worboys’s crimes, as well as the wider public, have faith in our justice system. Many will be disappointed by today’s news. It is understood that legal advice cannot be shared and that the Secretary of State does not want to prejudice other cases, but today’s news makes the need for changes in the Parole Board even more pressing.
The existing rules permit either the Secretary of State or victims to seek judicial review. Many will have seen that some victims are doing just that, and they have attracted much public support for their fundraising efforts. Judicial review is a key tool for every citizen to be able to challenge unjust or unlawful decisions by the state or other public bodies. Deep cuts to legal aid have undermined the ability of many to pursue judicial review. Will the Government commit today to using their review of legal aid to look again at how it can support judicial reviews?
Any judicial review would look at whether the Parole Board’s decision was taken properly. If it was not, the case would go back to the Parole Board for it to look at again. As it stands, though, the existing rules mean that we still would not know the reasons for any subsequent Parole Board decision.
As the Opposition have said repeatedly both here and elsewhere, there is no need for the review of Parole Board transparency to debate the case for greater transparency. It should be a practical review of how to ensure the public are informed of the reasons behind decisions. Just as the public are clear about court judgments, they must be clear about Parole Board decisions. Greater transparency has widespread support. We therefore welcome the widening of the review announced today, especially the idea of a mechanism to allow Parole Board decisions to be reconsidered, while retaining its independence. People were shocked that some victims found out about the decision to release Mr Worboys through the media.
Labour has said from the outset that it is totally unacceptable and very concerning that some were not given the opportunity to participate in the Parole Board hearing, as was their right. The victim contact scheme is responsible for informing victims of significant changes in a case, including Parole Board hearings. This service is managed by the National Probation Service, which has experienced significant difficulties, especially case overload, since the Government’s reforms to probation services in 2014. Labour has called in the House on the Government to look into the failings in the NPS and victim contact scheme, so it is a step forward that the Secretary of State has now asked Dame Glenys Stacey to conduct a rapid fact-finding exercise into the role of the NPS. He needs to ensure that this answers the question whether his Government’s wholly negative changes to the probation service contributed to any failings in this case and how he plans to address them.
I have listened to the statements of Mr Worboys’s victims in recent weeks, and it is clear that their concerns are not limited to the decisions or functioning of the Parole Board. Labour has repeatedly stated that the Worboys case raises so many serious questions that anything less than an independent end-to-end review into the handling of the case, from the first report to the police of an attack through to the Parole Board hearing, would let down the victims and wider public. Labour has repeatedly called for this wider inquiry, but it is not clear why the Secretary of State has repeatedly refused it. It is a reasonable and rational request and would help to rebuild public trust. I hope that he will take this opportunity to reassure the House that he will undertake this end-to-end review.
Mr Gauke
I thank the hon. Gentleman for his questions. In the context of wanting to support the victims, he was right to focus on the areas that he did, and I am grateful to him for not pressing me further on either the facts or the legal advice.
It is right that the victims be treated with concern and sympathy and that all due processes be followed. We need to understand precisely what happened in this case and whether support was provided as it should have been, which is why I am pleased that Dame Glenys Stacey is undertaking that role. I share the hon. Gentleman’s instincts for greater transparency in Parole Board decisions. It frustrates victims that they do not get to know what is happening or the reasons for a decision. Equally, it can be frustrating for the Parole Board, too, if it cannot articulate its reasons. We need to look carefully at this, but we also need to move swiftly, which is exactly what I intend to do.
On an end-to-end review, my focus has been on transparency and victim support, which are the immediate issues in front of us. I recognise that there is a debate about the original investigation and how these indeterminate sentences for public protection, which we have now abolished, operated, but it is right at this point that our reviews focus on transparency and the victims and that they continue as a priority to look at how these matters are dealt with.
Robert Neill (Bromley and Chislehurst) (Con)
Happy birthday, Mr Speaker.
It is clear that my right hon. Friend the Lord Chancellor has applied himself to what is a very serious and troubling case with the greatest scrupulousness and care. He is to be commended for having applied a difficult legal test to what is ultimately a legal decision, and I welcome his extension of the review into the operation of these matters. Does he agree that one political and policy decision we could make as soon as possible would be to change the Parole Board rules to permit Parole Board panels to give reasons for their decisions. It would likely command support across the House and, as he rightly observes, have the support of the Parole Board itself. It would also be of great reassurance to the public.
Mr Gauke
My hon. Friend makes a good point. We understand the full implications of greater transparency in Parole Board decisions and what those implications might involve. It is not my desire that as a matter of course offenders should take cases where, for example, Parole Board panels have taken the firm line, based on the evidence in front of them, that they should not be released. We need to understand the full implications, but there is clearly a case for much greater transparency.
Sir Edward Davey (Kingston and Surbiton) (LD)
I welcome the statement and the Lord Chancellor’s decision to widen the review’s remit. That will command support on both sides of the House. Has he been informed whether the Crown Prosecution Service and police are reviewing the many other serious allegations against Worboys and whether there is any chance of further charges being brought against him before he is released? This is the question that many of the victims really want answered.
Victoria Prentis (Banbury) (Con)
I should declare that during my 17 years in the Treasury solicitors department I frequently acted for both the Secretary of State and the Parole Board and sometimes for both together.
I commend the Secretary of State for his detailed work on this case. Can he reassure us that the views not only of the statutory victims but of the wider group of victims known to the authorities will be taken into account?
Mr Gauke
My hon. Friend raises an important point. There are different systems in place for the statutory victims versus others, but sometimes, as in this case, there will be many people who essentially are victims but not in respect of any convictions—in this case, Worboys’s convictions—and we need to ensure that the system works for them as well.
Ellie Reeves (Lewisham West and Penge) (Lab)
Following the Secretary of State’s previous statement earlier this month, I raised the importance of confidence in our justice system, and my fear is that the decision not to judicially review the Worboys decision will not reassure the public. He has talked about greater transparency, but I want to press him on the point that the hon. Member for Bromley and Chislehurst (Robert Neill) made. Will the Secretary of State commit to changing the statutory rules, so that Parole Board decisions are open not just in the Worboys case but in future cases as well?
Antoinette Sandbach (Eddisbury) (Con)
May I urge the Lord Chancellor to write to the CPS and ask it to undertake a review? It might well be that the public interest test was not satisfied because an indeterminate sentence had been given, and the change in circumstances may mean that that test is now satisfied in respect of victims whose cases were not prosecuted. Will he give that undertaking to the House today?
Bambos Charalambous (Enfield, Southgate) (Lab)
Following on from the comments of the hon. Member for Eddisbury (Antoinette Sandbach), will the Minister be looking at how the CPS and the police deal with cases where it comes to light that, in cases of serious offences such as this, there are further victims? John Worboys was convicted of the rape of and sexual assault against 12 women, but more than 85 others came forward after the event, and that needs to be looked at in case similar such events occur.
Mr Gauke
The hon. Gentleman has put his point, which is a very fair one, on the record. To some extent, I refer to my earlier answer, but clearly with regard to whether there is a public interest case in bringing further prosecutions, that is no doubt something that both the Metropolitan police and the Crown Prosecution Service will want to consider.
Will Quince (Colchester) (Con)
It is essential that we not only recognise and respect the independence of our legal system, but recognise that the public are disappointed and angry with the Parole Board’s decision. Does my right hon. Friend agree that, by opening up the Parole Board’s decisions and making them more transparent, the public may still disagree with the decision, but they will have an understanding of how that decision was reached?
Mr Gauke
Yes, my hon. Friend makes a very good point. As a society, the direction that we have gone in more generally has been towards greater transparency. As Professor Nick Hardwick was one of the first to make that point, there is clearly a case in this context for the Parole Board as well.
Stella Creasy (Walthamstow) (Lab/Co-op)
Although all of us understand the desire not to prejudice any possible action by the victims, a letter from the Secretary of State’s predecessor on 8 January—it is a public letter open to MPs—states that the victims were not contacted until October, having last had contact in 2009. He knows the concern that it is not just about updating victims, but about involving them in Parole Board decisions. Can he give an assurance that the involvement and participation of victims will be looked at and that he will publish the date in October when contact was made with the Warboys’s victims so that we can understand the process used?
Mr Gauke
With regard to the facts of a particular case, that is exactly what Dame Glenys Stacey will be investigating. I have no doubt that she will make public her conclusions. It is very important that victims are involved. I know that in this case they are involved, as I said earlier, in making representations in terms of licensing conditions. It is right that due and appropriate weight is given to those representations when it comes to determining the licensing conditions.
Mr Philip Hollobone (Kettering) (Con)
My constituents in Kettering believe that the best way to protect the public is for violent offenders to be kept behind bars, and they take the straightforward and honourable view that if an offender is sentenced to a term of imprisonment, the offender should serve that sentence in prison in full before being released. Given that this is a statement about the transparency of Parole Board decisions, who is held to account in the Parole Board, and how, if those released early reoffend?
Mr Gauke
The numbers of reoffences are put into the public domain. Clearly, that is one of the tests of the effectiveness of the Parole Board. It is clearly a matter of priority for all of us that people who are dangerous are not released. The test for a Parole Board panel in the context of one of these IPP prisoners is an assessment of their risk to the public, and that is what the Parole Board must determine in these circumstances.
Louise Haigh (Sheffield, Heeley) (Lab)
My hon. Friend the shadow Minister is absolutely right that this case raises wider issues about the rights of victims in our criminal justice system, right through from the offence being committed, through the process and to parole. Will the Secretary of State tell us when he will bring forward the victims’ Bill that was promised in 2015?
Michael Tomlinson (Mid Dorset and North Poole) (Con)
I thank the Lord Chancellor for the detailed explanation for his decision, and I welcome his comments on further transparency, which will of course increase public confidence and, importantly, victims’ confidence in the system. He says that he wants these changes to happen quickly—how soon does he anticipate that changes can be made to the system?
Mr Gauke
Well, even though the review has been broadened, and even though we are looking more widely not just at transparency but at whether there should be an opportunity for the Parole Board to look again at decisions, that review will report by Easter. Obviously, the timing will depend on precisely what it recommends, but I am keen to make progress as quickly as possible.
Diana Johnson (Kingston upon Hull North) (Lab)
May I too welcome the extension of the review that has been announced today? However, there are serious questions to be answered about the way that the police and the CPS operated in this case. I do not think that it is satisfactory just to leave it to the Metropolitan police and the CPS. I want to know what the Home Office—the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), is sitting next to the Secretary of State—and the Attorney General’s Office are doing to look at what happened in those early stages and whether this man should have been charged with further offences.
Mr Gauke
I know that both the Home Secretary and the Attorney General have been very focused on this case. I hope that the hon. Lady will understand that my focus has been on the immediate issues, which relate not only to the consideration of judicial review but to the issues of transparency and support for victims. Of course there are questions that probably do need to be asked about how the IPP system, which this Government have abolished, operated in terms of whether it met the test of honesty in sentencing, but perhaps that is a debate for another day.
Helen Whately (Faversham and Mid Kent) (Con)
Recognising the importance of the independence of the judiciary, but considering in this case the crimes, the victims and the level of public concern, can my right hon. Friend assure me that he has sincerely looked into all the options in this case?
Jo Stevens (Cardiff Central) (Lab)
The Secretary of State has quite rightly concentrated on the victims and the issue of transparency in his remarks, but he also referred to the fact that there are some victims who are crowdfunding to bring potential legal proceedings. That is because civil legal aid has been severely restricted for judicial review cases by the previous coalition Government. Will he please look again at the availability of civil legal aid for judicial review?
Huw Merriman (Bexhill and Battle) (Con)
It is very reassuring that despite having been in post for only a short time, the Lord Chancellor has sought to get behind the victims of this terrible, terrible case. May I press him on the point that has just been made about legal aid? He has mentioned that he supports the rights of the victims potentially to pursue their own cases. Will there be discretion from the Legal Aid Agency perhaps to provide funding for those victims to do so?
Mr Gauke
In terms of the action that may be brought by victims on this, I do want to be very careful in my remarks. As I have said, just because I am not taking action does not mean that others cannot, because these legal cases can depend precisely on the position that they are in. It is the case that legal aid generally remains available for advice, assistance and representation in relation to judicial review of an enactment decision, act or omission, and that would include decisions of the Parole Board where there is sufficient benefit to the individuals in bringing judicial review.
Kevin Foster (Torbay) (Con)
All of us in this House respect the independence of the judiciary, but transparency needs to come with that independence—hence sentences are given in open court and judgments are available for all to read. Does the Secretary of State therefore agree that the outcome of this review must be greater transparency in Parole Board decisions, which are such a key part of our criminal justice system?
Chris Philp (Croydon South) (Con)
I welcome the extended review that the Justice Secretary announced. Will he confirm to the House that it will include a very detailed assessment of the decision-making processes that the Parole Board goes through, particularly in reference to expert reports from, for example, Dr Jackie Craissati in this case, that are at the heart of such decisions, in order to ensure that those experts are suitable to give the expert advice that they provide?
Lucy Allan (Telford) (Con)
I too welcome the Lord Chancellor’s statement and the decision to expand the review. However, he will be aware that this is not the first such case. Mubarek Ali, a serial child sex exploitation offender, was released only five years after his trial, having been given a 20-year sentence. His victims felt that the victim contact scheme let them down. Will the Secretary of State consider this case as part of his expanded review?
Rebecca Pow (Taunton Deane) (Con)
I welcome the Secretary of State’s measured approach to this sensitive and emotive issue. The matter highlights the importance of care and support for victims, and the need to listen to them. It also brings into focus the victim contact scheme. Will the Secretary of State give assurances that it will be looked into? Is it fit for purpose, and was the process adequately followed by the Parole Board?
Mr Gauke
Frankly, different views have been put to me on how the victim contact scheme worked in this particular case. There is conflicting evidence. It is absolutely right that we have the review by Dame Glenys Stacey so that we can properly understand what happened and what lessons can be learned.
Nigel Huddleston (Mid Worcestershire) (Con)
I welcome the Justice Secretary’s commitment to a broader review and appreciate that he has set himself a pretty aggressive timeline. If the end result is generally going to be a better reflection of victims’ views, can he assure me that the review will engage the victims?
Tom Pursglove (Corby) (Con)
I think that all hon. Members across the House recognise and appreciate my right hon. Friend’s candidness with the House. But, for the sake of all victims, will he ensure that all appropriate and measured steps are taken to ensure that he is never put in this position again?
Mr Gauke
The most important thing is not my position, but the position of victims. We clearly need to ensure that victims have a system in which they have faith. When there are large numbers of victims in particular, it can sometimes be a difficult challenge to make sure that their voices are properly heard. Victims are entitled to have their voices heard and we need to ensure that we have a system that works for them.
Mr Speaker
I am most grateful to the Secretary of State and colleagues for the statement and the exchanges on it.
Parole Board and Victim Support
David Gauke Excerpts(6 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Justice and Lord Chancellor (Mr David Gauke)
With permission, Mr Speaker, I should like to make a statement on the Parole Board’s decision to release John Worboys and the Government’s response to the issues raised by this case.
I should like to start by echoing the statement made by my predecessor at the weekend, and expressing my unreserved sympathy to all the victims. They will never erase the emotional trauma of John Worboys’ crimes, and the Parole Board’s decision to order his release must have brought back painful memories. These were horrific crimes, and I take the concerns raised, including by many colleagues in the House, very seriously.
John Worboys was convicted of 19 offences in 2009, and received an indeterminate sentence of imprisonment for public protection with a minimum tariff of eight years in custody. Following the expiry of the tariff, he was eligible for review by the Parole Board, which was required to consider whether to release him. The board reviewed his case at a hearing on 8 November 2017, by which time he had served 10 years in custody, including a period on remand. A three-person panel considered a detailed dossier of evidence. Its subsequent decision to release him was communicated to my Department on 3 January.
There are two main concerns in respect of the contact with victims that I think it essential to address today: whether the correct procedures were followed in this case, and whether those procedures are right or improvements are needed. Turning first to whether procedures were followed in this case, all victims of the crimes for which John Worboys was convicted have a statutory right to receive information about parole hearings and decisions under the victim contact scheme. On the basis of the information I have received since arriving in the Department yesterday, it appears that, in relation to these victims, those who opted to remain in contact via the VCS were informed of the parole hearing. Of the victims currently in contact with the scheme, those who chose to be informed of the Parole Board decision by phone or email were contacted immediately on 3 January, although I have just become aware of the case of a victim who did not receive the email. Letters were also sent immediately to those who chose to be informed that way, but these of course took longer to arrive. Some victims entitled to this contact chose not to opt in, which is of course their right.
Any victims whose crimes were not prosecuted do not fall within the statutory remit of the VCS, so the arrangements are different. Discretionary contact can be considered, but in this instance, the National Probation Service has no record of any requests for discretionary contact.
While it appears that the correct procedures were followed, the fact that some victims learned of the decision from the media suggests that there is a need to review those procedures and examine whether lessons can be learned and improvements can be made. It is a priority for this Government that victims of rape and sexual assault have full confidence in the criminal justice system. Sentence lengths for these horrific crimes have increased by over 30% since 2010 and more victims are coming forward, but there is still more to do.
I should be absolutely clear that I think the Parole Board should remain an independent body, responsible for making decisions about the ongoing risk that individuals pose after serving their tariff. However, I agree with my predecessor’s assessment that there is a strong case to review the case for transparency in the process for parole decisions and how victims are appropriately engaged in that process, and to consider the case for changes in policy, practice or Parole Board rules or other guidance or procedures, including the victims code.
With that in mind, I can confirm that I have instructed my officials to establish a review to examine these questions, and I will share more information on this shortly. I think it is appropriate that the Department leads this work, but that it consults victims’ groups and others. I have spoken to the Victims’ Commissioner, Baroness Newlove, and the chair of the Parole Board, Nick Hardwick, to discuss what changes we could make and how best to draw on their expertise and insight in this review. Finally, I note that the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), has signalled his intention to hold an evidence session, and my Department stands ready to provide the Committee with any information it may require.
I intend to prioritise this review, and it will conclude before Easter. I hope that this course of action reassures the House of the importance and priority I attach to the issue. As such, I commend this statement to the House.
Richard Burgon (Leeds East) (Lab)
I welcome the new Secretary of State to his post, and I thank him for advance sight of the statement.
Our criminal justice system must always have the interests of the victims of crime at its heart. It is all too clear that victims of the vile crimes committed by John Worboys feel that this process has failed to do so, and such failings risk undermining public trust in our wider justice system. Many women—both the victims and others more widely—will be very anxious indeed about Mr Worboys being freed. The current legal restrictions on the Parole Board mean that we do not know why this decision was taken.
I thank the Secretary of State for his statement today. With respect, however, we do not need to debate whether there is a case for greater transparency. The Worboys case has underlined once and for all that there is a need for greater transparency, and the chair of the Parole Board has already called for this. Will the new Secretary of State for Justice therefore guarantee that his review will be about how to achieve greater transparency, and not about whether this is needed?
The failures go much wider than the rules governing the Parole Board. In fact, this whole matter has been dogged by failures from the outset. In 2009, John Worboys was convicted of 19 offences against 12 women, but the police have also linked Worboys to about 100 other cases. The public are asking questions about the failings in the police’s handling of the case, about why there were no further prosecutions and about failures of the victim contact scheme to notify victims of the parole hearing properly. The Worboys case raises so many serious questions that anything less than an independent end-to-end review into the handling of the case—from first reporting to the police of an attack right through to the Parole Board hearing—would let down the victims and the wider public.
The previous Secretary of State did not take up my request to undertake such an inquiry, but the new Secretary of State can bring a fresh perspective to all of this. He has the opportunity to reassure the victims and the wider public by going further than his predecessor and agreeing to an independent end-to-end review. That would be the right thing to do, and if he does so, I will congratulate him. I therefore ask the Secretary of State: will he agree to this proposal today?
There are also questions about whether wider problems in the justice system, a sector now subjected to the greatest cuts of any Department, have had an impact on this specific case. The failure to allow women victims the opportunity to participate in the parole hearing through written and oral statements, or to notify them of the hearings properly, was a real breach of their rights. The National Probation Service manages the victim contact scheme, and I would say that the House is all too familiar with the deep problems caused to probation by the chaotic reforms undertaken by the Secretary of State’s Government.
Does the Secretary of State believe that the changes to probation services have left the victim contact scheme more effective or less effective? Will he spell out today what his Department is doing to ensure that the scheme is functioning as it should and that we do not see a repeat of the failings witnessed last week? At the very least, will he consider amending the scheme so that victims opt out, rather than opt in to the system? Likewise, what is the Government’s assessment of the effectiveness of the current sex offender treatment programmes in prison? Last year, the Ministry of Justice found that its core programme actually increased reoffending among sex offenders. Does he know whether John Worboys was on one of the core programmes that were subsequently withdrawn? Will the Secretary of State take the opportunity to clarify what the current procedure is for prioritising which imprisonment for public protection cases are dealt with most pressingly? Are those on the shortest tariffs dealt with first?
Finally, I am pleased that the Government are now focusing on victims’ rights. However, in 2014, the High Court found that the Metropolitan police had breached the rights of victims of Worboys under the Human Rights Act 1998 by failing properly to investigate many of the crimes Worboys was linked to. That decision was later upheld by the Court of Appeal. I think that many will be surprised and disappointed that the Government—through the current Home Secretary and her predecessor, who is now the Prime Minister—backed taking Worboys’ victims to the Supreme Court last year. Will the Secretary of State take this opportunity to express regret for treating the victims in that way?
Mr Gauke
I thank the hon. Gentleman for his remarks. He makes the case for transparency, as did Nick Hardwick, and I completely see and, indeed, sympathise with the argument being made. This case does demonstrate the need for us to look at the issue of transparency again, and it is important that we do so in some detail. I say to the House that I start off on the basis that more transparency is needed, as this case has demonstrated.
The hon. Gentleman asked me about an end-to-end review. It is right that we focus on how we can make this system more transparent to provide reassurance to the public that it is working in the way that it should. That should be a priority, as should victim support. The hon. Gentleman asked whether the basis of the system should be not opting in but opting out. That is something that the review will be able to consider.
We must be sensitive to the fact that, whereas some victims of crime will be keen to be fully informed at every stage, others simply may not want to hear the name of that criminal again. Different people will have different views about how they want to be treated, and we need to find a system that accommodates both approaches.
I was also asked about prioritising cases. Clearly, there is a need to look at cases in which the tariff has been completed. They will be higher priority than cases in which the tariff still has some years to run. That is what happens in practice.
The hon. Gentleman raised the Supreme Court case. The matter is sub judice and I cannot comment further on it, but I reassure him and the House that we need a system that has the confidence of victims. That is what we all want to ensure.
Robert Neill (Bromley and Chislehurst) (Con)
I welcome my right hon. Friend the Secretary of State to his new post. It is nice to see that it is still possible for a lawyer to become Lord Chancellor.
I thank my right hon. Friend for his offer of co-operation with the Justice Committee investigation into this matter. I welcome his statement. Will he bear it in mind that Professor Hardwick has indicated a greater desire for openness in the system, and consider the suggestions that he made in his Butler Trust lecture last autumn? Will he start very swiftly with reviewing the provision in the parole board rules that prevents the board from giving reasons for its decision, even if it might want to do so? Giving the reasons might help to reassure both the public and victims.
Mr Gauke
My hon. Friend is right to raise that case. I met Professor Hardwick this morning and he is already participating in this debate. He has been making the case for greater transparency and, as I said in an earlier response, he makes a good case. There is a strong case for ensuring that the reasons for particular decisions are put in the public domain, where that provides reassurance.
Joanna Cherry (Edinburgh South West) (SNP)
I welcome the Lord Chancellor and Secretary of State to his place, and I thank him for advance notice of the statement. I was pleased to hear him say that it is a priority for the Government that victims of rape and sexual assault have full confidence in the criminal justice system.
In Scotland, where these matters are devolved, we have put a huge amount of work into improving the prosecution of sex crimes, and Police Scotland works closely with the National Sex Crimes Unit—I was proud to be one of its first prosecutors nine years ago. In Scotland we have robust victim notification schemes. What has gone wrong with the notification scheme in this case is just one issue. There were also very serious failings from the outset in the way in which the police approached the investigation, and the House needs assurance that those serious police failings could never happen again. Can the Secretary of State give us that assurance?
It is concerning that, as Home Secretary, the Prime Minister intervened to support the police against victims who had successfully obtained findings in the lower courts that the police had been in breach of the Human Rights Act 1998 in the way they investigated them. I appreciate that, as the Lord Chancellor has said, those cases are currently sub judice, but can he give an undertaking that when the judgment is issued he will make a statement to the House about why the Government took the side of the police against the victims?
Worboys is going to be free later this month unless further charges are brought. We are all aware that there were many more Worboys victims than those in respect of whom there has been a prosecution. The Guardian has reported that the police say there is no live investigation, but it has also reported that the victims would like to see proceedings brought. Can the Lord Chancellor confirm whether any of those cases are still live? Will there be any further charges?
Mr Gauke
Further charges are a matter for the police and the Crown Prosecution Service, and I am very limited in what I can say about that. What I can say is that of course it is a priority for us that rape and other sexual offences are pursued. As I mentioned earlier, sentences for rape have increased in recent years by approximately 30% on average. We take these matters extremely seriously, and we continue to ensure that these horrendous crimes are pursued. It is not for me to make a statement about likely further prosecutions in this particular case. We are talking about a case that was prosecuted in 2009, and I know that there is an ongoing debate about whether more cases should have been brought at that point. It is important that we learn the lessons from this case and, not just looking at the particular facts of this case, ensure that we have a victim support system that works for victims across the board.
Theresa Villiers (Chipping Barnet) (Con)
I congratulate my right hon. Friend the Lord Chancellor on his new role and thank him for coming so swiftly to the House on this solemn matter. It is shocking and unacceptable that victims learned of Mr Worboys’ impending release from TV coverage. I welcome his assurance that that will be investigated and reform will be considered, but can he tell us the size of the problem? How many other victims have found themselves suffering in that completely unacceptable way?
Mr Gauke
I thank my right hon. Friend for her remarks. The scale of the issue is likely to become clear in the course of the review. This is a high-profile case, but I will not pretend that it is unique. I have recently become aware that one of the victims did not receive an email when she had requested it—that email was sent, but it was not received. The procedures were followed, but the decision to release Worboys entered the public domain quickly, which meant that victims heard about it before they received the letters. We need to learn the lessons from that to ensure that it does not happen again.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I also welcome the Lord Chancellor to his post. He will note that some of the victims have still heard nothing from victim liaison officers and still do not know what the Parole Board terms are and whether this man may end up living near them. Given that Worboys had their addresses, will the Lord Chancellor urgently ensure that all the victims are contacted by victim liaison officers before this man is released? Given that some of them had no opportunity to put statements to the Parole Board, is he confident that due process has been followed in making this decision? Further to the Justice Committee’s point about greater transparency in Parole Board decisions, will the Lord Chancellor introduce changes to the statutory rules that would allow the board to make open the decision in this case, not just in future cases, so that people can see what the reasons were?
Mr Gauke
The right hon. Lady makes an important point. There is clearly the potential to change the rules for forthcoming cases, but she particularly asks whether such a change could apply to cases that occurred before the change in the rules. I do not want to make any guarantees to the House at this point, because there are clearly complex legal implications and one would want to look at them, but if I may take that as a representation of what she thinks should happen, I very much take that on board.
On notification of victims, as I said, there will be cases where people do not want to be informed; there will be cases where people will want to receive a great deal of detail. We need a system that is sensitive to what victims want. The right hon. Lady raises the point about where Worboys will be and whether victims could be close by. The conditions of the licence are for the Parole Board, but I suspect I speak for the House as a whole when I say that we would expect the Parole Board to be sensitive to the concerns that victims might have about their safety, and indeed to the trauma of perhaps finding themselves accidentally in the presence of someone who has committed such terrible crimes.
Sir Mike Penning (Hemel Hempstead) (Con)
As the new Lord Chancellor, my good friend, knows—I welcome him to his post—I was the victims and the police Minister in the previous Administration. One reason for that was the justice side cannot really be taken away from the police and the Crown Prosecution side. In the files on his desk will be a draft Bill for a victims law, which has cross-party support, which I believe was in both Conservative and Labour manifestos, but one of the biggest issues is what is a victim. It is obvious to us what a victim is, but in law that is often very different; so where there has not been a prosecution, victims very often will not be informed in the same way as someone whose case has been before the courts. Why the Crown Prosecution Service did not prosecute as many cases as we all know about now must be investigated as part of the review, but we must put the victim first, and a victims law would be a very good way to start.
Mr Gauke
I thank my right hon.—and very good—Friend for his comments. He is right; I believe that I do have advice on that very matter in my inbox, and I will want to look very closely at it.. He is absolutely right to say that it is important that the position of victims is properly respected. One of the first people I spoke to on taking office was Baroness Newlove, who has done some excellent work on the issue.
Ellie Reeves (Lewisham West and Penge) (Lab)
I congratulate the right hon. Gentleman on his appointment. It is right that the Parole Board carry out its work to continue to review the backlog of prisoners serving IPP sentences. However, the public must have confidence that IPP prisoners are being released safely and responsibly. The decision to release John Worboys has undermined that confidence, and given that 3,000 IPP prisoners have been released since their sentences were abolished, what assurances can the Secretary of State give that public safety has not been and will not be compromised?
Mr Gauke
The hon. Lady raises a fair challenge. It is important that public confidence is maintained. It is also right, though, that the Parole Board, as an independent body, makes the decisions; I do not detect a consensus in the House that this matter should be returned to the discretion of politicians. However, the Parole Board clearly needs to be very mindful of public perception. It is, I know, very mindful of the risks that could be created on somebody being released. That is the test that the Parole Board must meet in making these decisions.
Dr Julian Lewis (New Forest East) (Con)
When a minimum tariff is imposed, can it be challenged on grounds of undue leniency; and given that the tariff is a minimum, why does the sole test applied by the Parole Board appear to be simply whether the criminal still poses a risk to others? What has happened to the concept that the punishment should fit the crime?
Mr Gauke
Of course, the IPP cases are essentially historic in the sense that those sentences no longer apply; but while approximately 3,000 IPP prisoners remain in jail, it is a question of testing whether there is a risk to the public once the tariff has been met, as my right hon. Friend sets out. Of course, a different system applies to those who do not fall within the IPP test.
Stella Creasy (Walthamstow) (Lab/Co-op)
I welcome the Lord Chancellor to his new job. He may be aware that on Friday, a cross-party group of 58 MPs wrote to his predecessor, to express our concerns not so much about transparency in decision making but about the right of victims to be heard by the Parole Board and for their information to influence decisions. His successor wrote back to us, stating that the victim support people had tried to make contact in October, for a hearing in November, with people with whom they had not had contact since 2009.
Will the Lord Chancellor, in his review, look explicitly, not at the transparency of how decisions were made, but at how victims’ voices were heard as part of that process? If he is not satisfied, as it seems that many of these victims were not told how they could have their say, will he use his powers to instigate a judicial review of the decision?
Mr Gauke
The hon. Lady raises an important point about victims’ voice being heard throughout the process. In the review, I want to focus on the areas that I have particularly set out, but it is important to look at the whole process of victim support and ensuring that the voice of victims is heard, so that it works for victims in the way that we all want it to work.
Mr Philip Hollobone (Kettering) (Con)
I think my constituents in Kettering would take the view that we are far too soft in this country on punishing sexual offenders. None of them serves their time in jail in full; too many are released far too early; and many go on to reoffend once they have been released. Will the Secretary of State publish in the Library details of the number of sexual offenders who have reoffended upon release, and how those who are responsible for their early release are held to account?
Mr Gauke
I am grateful to my hon. Friend for the question. As I mentioned, since 2010 the sentence for rape has gone up by 30%—something that I am sure he would support. On the figures that he asks for, if I may, I will take that question away and see what information can be provided to him.
Helen Goodman (Bishop Auckland) (Lab)
My constituent, who was raped repeatedly in childhood, came to see me in considerable distress before Christmas because the first she knew that her perpetrator had been released was when he visited the pub next to her place of work. I have raised the matter with the Department, but the letter I received from the Under-Secretary of State for Justice, the hon. Member for Bracknell (Dr Lee), blamed her for not giving the victim contact scheme her change of address. I would like the Secretary of State to commit to looking again at her case and to apologising to my constituent.
Mr Gauke
Obviously, I am not familiar with the case that the hon. Lady raises. As I said earlier, we need to look at communication with victims very closely. Clearly, to communicate, it is necessary for the authorities to have contact details. [Interruption.] We need to find a way to ensure that the relevant authorities have those contact details, so that we can provide the support that the victims want.
Anna Soubry (Broxtowe) (Con)
As a friend of one of the victims and a former criminal barrister, I take the view that the original sentence was the correct one in all the circumstances. Worboys, of course, was convicted on the basis that he was a dangerous predatory sex offender, and I have to be frank with my right hon. Friend, whom I warmly welcome to his position, that I and many others are struggling to believe that Worboys is no longer a danger. It is in the nature of this sort of offending that these men are often extremely cunning. We have to trust the Parole Board—I pay tribute to its work, and it must retain its independence—but if nothing else it must put a condition upon his release that he is not allowed back into Greater London. I know that that is not within the gift of the Secretary of State, but it is what the victims, who are very frightened of this man, need to hear.
Mr Gauke
I thank my right hon. Friend for her remarks. I quite understand why she is concerned about whether Worboys continues to pose a risk to the public. The Parole Board made an assessment on the basis of the evidence—several hundred pages of information in front of it—and it was an experienced board, but I am also not in a position to make that assessment. As she says, it is important that we trust the Parole Board—the case for transparency is that it will provide some helpful reassurance. On access to London, she makes her point powerfully, but it is for the Parole Board to determine the conditions.
Several hon. Members rose—
David Hanson (Delyn) (Lab)
There is a third aspect to this, which is post-release supervision. Given that Dame Glenys Stacey, the chief inspector of probation, says that there is a fractured system, will the Secretary of State, as one of his first tasks, consider strengthening that post-release supervision system?
Mr Jacob Rees-Mogg (North East Somerset) (Con)
May I briefly congratulate the Lord High Chancellor on achieving the greatest and most distinguished office in the land? May I question his assumption, however, that nobody wants power returned to politicians in this area? It seems to me that final decisions on whether somebody is a danger should rest with those who may be held to account, not with unaccountable bureaucrats. It is not a scientific decision; it is a matter of opinion, and I would trust his opinion more than that of an unaccountable bureaucracy.
Mr Gauke
I thank my hon. Friend for his kind remarks and confidence in me. On this occasion, however, I fear that I am not entirely in agreement with him. I think that this needs to be a decision made by an independent body on the basis of the evidence in front of it, but it is also right that such independent bodies are conscious of the need to ensure that victims and the public more widely have confidence in the decision.
Jess Phillips (Birmingham, Yardley) (Lab)
When I did the job of victim liaison, working with probation to keep victims informed, in the west midlands, where I worked, there were many people in probation working in that area. Since the privatisation of probation, in the west midlands, there is one victims officer—for an area with 3 million people. In this review, will the very welcome new Justice Secretary look at what was taken away and potentially why an email to a victim is not enough, when a relationship is what we used to have?
Mr Gauke
I thank the hon. Lady for her remarks. I do not think that this particular issue is, in truth, about resources. In terms of the requests for information made by some of the victims and the forms in which that was to be provided, which were established in 2009, some of the victims also requested to be informed at a later date. I stress, however, that I want a system that works adequately for victims.
Mr John Whittingdale (Maldon) (Con)
Will my right hon. Friend pay tribute to the courage of those women who gave evidence against John Worboys, one of whom is well known to us on the Conservative Benches? Does he agree that it is essential that his victims have full confidence that their safety is a priority in the decisions of the Parole Board, which does not appear to have been the case this time?
Mr Gauke
I join my right hon. Friend in paying tribute to the victims who came forward, very bravely, and in some cases waived anonymity to encourage others to come forward. It is important that their safety be paramount. It is important that the system has the confidence not just of the general public but of victims, and this case demonstrates that there is a need for changes to ensure that that can happen.
Emma Little Pengelly (Belfast South) (DUP)
I also welcome the Lord Chancellor to his new position. The victims and survivors of sexual assault and rape continue to suffer the legacy of hurt and trauma for many decades and often a lifetime, which is why many people are appalled that this man will be walking the streets again after a mere nine years. I welcome what the Lord Chancellor has said about transparency, but will he give a commitment in his new role that he will do everything he can to ensure that these crimes are taken seriously by the police, prosecutors and the courts?
Zac Goldsmith (Richmond Park) (Con)
Worboys was a prolific sex attacker for up to 10 years, and there are likely to be hundreds of victims, yet in court he showed no remorse and dismissed his actions as “banter”. Just two years ago, he was claiming that he had done absolutely nothing wrong. It is impossible, therefore, for people to understand how the board could possibly have deemed this man to be safe. Will my right hon. Friend agree that, unless and until the board explains publicly the rationale behind the decision, people cannot possibly have confidence in our criminal justice system?
Mr Gauke
I completely understand my hon. Friend’s point. As it currently stands, the Parole Board cannot provide in public the reasons for its decision. The chair of the Parole Board has made it clear that he wishes that it could, but the Parole Board rules—secondary legislation, essentially—prevent that from happening. One thing we will have to look at is what can be done to review and potentially change that secondary legislation to provide for greater transparency, so that these things can be explained. As I said earlier, there is a question about whether the new regulations could apply to cases before any change, including this case, but that is something we will want to look at.
Christine Jardine (Edinburgh West) (LD)
I welcome the right hon. Gentleman to his new role, the review he has announced today and the transparency he speaks about. Will he assure the House that that transparency will mean that the Parole Board can provide the detailed rationale, in each case, for why parole has been granted and that we will be able to guarantee that victims who wish to be informed are informed before there is a danger of them hearing it on the television or radio?
Philip Davies (Shipley) (Con)
For many years, I have conducted a rather lonely campaign in this House against soft sentencing in the criminal justice system, and I suppose that I should be grateful that so many of those who have decried me over the years are now leaping on to the same crusade. May I urge the Secretary of State not to think that the case of Worboys is unique, but to look at soft sentencing across the board, not least the ridiculous situation that we still have on the statute book whereby people given a determinate sentence by law have to be released halfway through their sentence, no matter how badly they behave in prison and no matter how much of a threat they still pose to the public? Will he deal with that nonsense in the criminal justice system, as well as this particular one?
Mr Gauke
As always, my hon. Friend has made his case in a forthright manner, and his consistency is very evident. I dare say that today is not the last occasion on which he and I will debate this subject. I think we all agree that the public must have confidence in our criminal justice system and our sentencing policy.
Tony Lloyd (Rochdale) (Lab)
Both the Worboys case and the case raised by my hon. Friend the Member for Bishop Auckland (Helen Goodman) are examples of cases in which the victim is treated as an adjunct to the criminal justice process, and, as we have seen, that can apply throughout the process. Will the Secretary of State think carefully about the request from my hon. Friend the Member for Leeds East (Richard Burgon) for an end-to-end review? We must get the victim’s journey right when it comes to such harrowing crimes.
Mr Gauke
It is very important for victims to be at the heart of our criminal justice system. A great deal of work has been undertaken with, for example, Baroness Newlove in her role as Victims Commissioner. We continue to look into how we can improve our criminal justice system to ensure that victims are given the support that they need.
Tom Pursglove (Corby) (Con)
My right hon. Friend speaks of victim support. Will he ensure that both the need for repeated victim impact assessments and the appropriateness of exclusion zones are given proper consideration in the review? For instance, a county-wide exclusion zone will be of very little comfort to someone who lives on a county boundary.
Thangam Debbonaire (Bristol West) (Lab)
The best predictor of future offending behaviour is, unfortunately, past offending behaviour. Victim impact statements also contain information that is important to a thorough and evidence-based risk assessment. Will the Secretary of State please consider in his review whether the risk assessment tools that the Parole Board is using are adequate and whether the intervention programmes are evidence-based and properly evaluated?
Mims Davies (Eastleigh) (Con)
For the second time today, women’s rights and transparency take centre stage in the Chamber. Again, we are discussing whether a system works and whether a process is letting women down. May I, too, welcome the Lord Chancellor to his role and urge him to use the review roundly to ensure that the system is fair and works for everyone, and women feel it is safe and works for them?
Conor McGinn (St Helens North) (Lab)
The appalling release of this dangerous man has heightened the anxiety of my constituent Marie McCourt that her daughter Helen’s killer might be released in similar circumstances. Can the Secretary of State assure me that the review will look at parole guidelines and criteria on the release of convicted murderers who refuse to disclose the location of their victims’ remains? Incidentally, his Department promised to do that two years ago.
Huw Merriman (Bexhill and Battle) (Con)
Rather than welcoming the Lord Chancellor to his position, may I tell him how sorry those who worked for him until yesterday will be that he is no longer at the Department for Work and Pensions? I welcome what he said about the transparency of Parole Board decisions, but may I urge him to put a timescale on when the House will know more? It is important for the public to be reassured that the Worboys case will not be forgotten and that we will not move on without a change.
Liz McInnes (Heywood and Middleton) (Lab)
In the interests of transparency, will the review reveal which sex offender treatment programme Worboys underwent that satisfied the Parole Board? As my hon. Friend the Member for Leeds East (Richard Burgon) pointed out, the main programme used in England and Wales was found to increase the reoffending rate and was scrapped last year.
Mr Gauke
I hear what the hon. Lady says. When I set out the case for reviewing transparency, I referred to the reasons that the Parole Board gives for a particular decision being put in the public domain. I think that we need to consider precisely what information can be put into the public domain, and that is the purpose of the review.
Kevin Foster (Torbay) (Con)
As the Lord Chancellor knows, it is vital that justice is not only done but seen to be done. That is why judges hand down sentences and give the reasons for them in public, and it is why I think that the same should apply to the Parole Board, given what an important part of the process is involved. Will the Lord Chancellor commit himself to making a statement to the House when he has completed the review, outlining what action he then proposes to take?
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The public need to be confident that the Parole Board is making a balanced assessment of risk. Will the Lord Chancellor commit himself to reviewing how the board assesses the risk presented by offenders? Will he also undertake to consider the role of independent psychologists in advising on offender risk, especially when their advice conflicts with that of probation and prison professionals?
Mr Speaker
I have to say that the succinctness of the right hon. Member for New Forest West (Sir Desmond Swayne) is medal-winning. May I exhort him to circulate his text book on pithy questions?
Christian Matheson (City of Chester) (Lab)
My question will not be quite as pithy, I am afraid.
Much as I support the idea of redemption and rehabilitation, my own view is that a sentence of nine years in prison for 19 rapes is simply derisory, especially given that, as was pointed out by the right hon. Member for Broxtowe (Anna Soubry), this was a predatory attacker. The Secretary of State said that IPP sentences were no longer in use. Is he satisfied that the current sentencing guidelines meet the need for decent sentences in shocking cases such as this?
Mr Gauke
First, let me briefly correct the hon. Gentleman: Worboys was convicted of 19 offences, and there was one conviction of rape. I do not say that in any way to undermine or belittle the seriousness with which his crimes should be considered.
As I have said, sentences for rape have gone up over the last eight years, and I think it right that that has happened.