David Lammy
Main Page: David Lammy (Labour - Tottenham)Department Debates - View all David Lammy's debates with the Ministry of Justice
(1 day, 7 hours ago)
Commons Chamber
John Milne (Horsham) (LD)
We are making significant investments in legal aid: we have announced additional funding of up to £34 million a year for criminal legal aid advocates and an additional £92 million a year for criminal legal aid solicitors. We are also uplifting housing and immigration legal fees by £20 million a year—the first major increase since 1996.
John Milne
My constituent Steve is currently being denied access to justice because he cannot afford to take action against a publicly funded body under Competition and Markets Authority legislation. His only other option is to proceed on a no win, no fee basis. Will the relevant Minister agree to meet me and Steve to discuss possible solutions?
I ask the hon. Gentleman to write to me first, as it sounds like there is some technical detail in that case. If necessary, I will then ask the relevant Minister to meet him.
The Select Committee has just begun an inquiry into access to justice. The evidence we are getting suggests that civil and family legal aid in particular are in a dire position, with fees now approximately half what they were 28 years ago. There have been welcome increases in housing and immigration fees, but what wider plans does the Secretary of State have to review legal aid fees, particularly in the area of civil and family law?
My hon. Friend will recognise that the uplift of £20 million in housing and immigration is significant; it is actually the first major uplift in his and my time here in Parliament. He is right that we should look across the piece at civil legal aid, combined with what is happening in our courts, and I will continue to do that over this next period.
Jess Brown-Fuller (Chichester) (LD)
My question follows on from that of the Chair of the Select Committee. In 2024, 39% of family court proceedings involved neither party being legally represented; in cases of domestic abuse, this forces victims to relive their experiences and confront their trauma repeatedly. The provision of legal aid in such cases is wholly inadequate, which presents an unacceptable barrier to many victims accessing fair and effective legal representation. Does the Secretary of State agree with me and the Domestic Abuse Commissioner that legal aid should be provided in all domestic abuse cases to end self-representation and protect victims from retraumatisation?
The hon. Lady is right that legal aid is important, but, in some cases, so is mediation. I would refer her to the pathfinder pilot, which is hugely important in relation to private family law. We are looking closely at provision, but we are also looking closely at the workforce, because as with criminal legal aid, we have seen lawyers—particularly younger lawyers—leaving that area of practice.
Steve Yemm (Mansfield) (Lab)
We said that we are determined to remove foreign national offenders from our prisons sooner, and we have. I am pleased to say that the number of foreign criminals removed from the country early has rocketed by 75% under this Labour Government, with more than 2,700 foreign national offenders deported under the early removal scheme in the past year—up from just 1,560 in the last year the Tories were in charge.
Steve Yemm
I wonder what reassurance the Secretary of State could give my constituents that foreign national offenders who commit serious crimes will be removed promptly after sentencing, rather than allowing their appeal process to drag on. Does he agree that a deport first, appeal later approach would be most appropriate?
My hon. Friend is right. That is what we are doing in the Sentencing Bill, which is going through Parliament, which will enable us to remove foreign nationals earlier—a key component of the Bill. We are absolutely clear: if someone comes to our country and commits a crime, they no longer have any right to be here.
Last week in Northern Ireland, a 26-year-old Palestinian migrant was found guilty of sexually assaulting a 15-year-old boy. The police refused to publish an image of this man, meaning that people do not know who he is or if he is showing concerning behaviour. Can the Minister assure us that whether in GB or in Northern Ireland, any migrant found guilty of sexual offences will not only have their picture published, but be deported?
We are deporting foreign nationals, as I have explained. This is a devolved issue, and it would be wrong for me to comment on individual cases. If she writes to us about it, she will get a ministerial response.
Sir Ashley Fox (Bridgwater) (Con)
Everyone has a right to a fair trial, and the essence of a fair trial is a timely trial. Only 3% of all criminal cases are heard by a judge and jury under the current regime. Jury trials will remain a cornerstone of the British justice system. Delayed justice is justice denied.
Mr Bedford
The Justice Secretary may have complete faith in the independence of the judiciary; sadly, I do not. We have seen a plethora of cases, particularly involving freedom of speech, where the judiciary has arguably been influenced by political correctness and the virtue signalling of bodies such as the Sentencing Council. If his proposals are designed to reduce the backlog, why do they not include a sunset clause?
I completely reject what the hon. Gentleman said. It is an absolute essential foundation of our democracy that all of us in this House and in government respect the independence of the judiciary. I remind him that it is precisely because of the judiciary’s independence that it is not able to answer for itself. The Lord Chancellor has that responsibility, and I will do it robustly.
Sir Ashley Fox
When the Lord Chancellor made his statement on jury trials last week, he said that an impact assessment would be published with the legislation. Given how powerful a defender of jury trials he has been in the past, will he publish the evidence and the modelling that he has seen since coming to office that caused him to change his mind?
The hon. Gentleman is absolutely right. Whenever a Government propose legislation, there must be an impact assessment—both an economic impact assessment and an equality impact assessment—and of course we will publish it in the usual way.
Jessica Toale (Bournemouth West) (Lab)
Victims must be at the forefront of our minds when thinking about reforms to our justice system. Many of them wait years and are often retraumatised by going through the process of a criminal court trial. Can the Secretary of State tell me how these changes will ensure that we bring criminals properly and promptly to justice, to bring matters to a close for victims?
My hon. Friend is absolutely right. A third of all sex victims in the backlog have now been waiting a year or more, and she knows that in many of those cases, there are also defendants playing the system, pleading late with pre-hearing after pre-hearing, with the result that witnesses fall away and cases collapse. It is for that reason that it is absolutely right that we change the threshold and introduce the measures that Brian Leveson has properly looked at, to speed up the process and get those victims justice.
The Justice Secretary wants to do away with some jury trials. He wants to extend the powers of magistrates to sentence up to 24 months without the right to appeal a conviction or sentence. I think I am right in saying that the capacity in prisons is at 88,000 as we speak today. Where are all those apparently guilty people going to be put?
My hon. Friend and I have been friends for a very long time and I recognise his experience in matters related to criminal trials. May I just remind him that we have the Sentencing Bill passing through the House? That will give us greater capacity in the prison system. He will also know that the Government are on track to provide 40,000 extra prison places by the early 2030s—under the last Government, there were only 500. All of that increases capacity, and of course we hope that jury trials will also make a difference for victims.
The Justice Secretary quite rightly says that justice delayed is justice denied, but summary justice is no justice at all. He based much of his argument on the views of the eminent Lord Leveson, but has he read the analysis of that review by Geoffrey Rivlin KC, who went through the report in expert detail and described much of it as unfounded and misguided because it was based on poor data. If the Justice Secretary has not read it, will he please do so before he comes back to the House?
I say to the right hon. Gentleman that it was a serious independent panel and I do not think he can reject Sir Brian Leveson out of hand in that way. I remind him that David Ormerod was also on the panel. The analysis was based on data and on evidence internationally, and that is why it is important that we implement it. There is no silver bullet. To affect change, we have to do it all; otherwise, at the next general election, the backlog will have soared to over 100,000.
Sarah Coombes (West Bromwich) (Lab)
I have heard heartbreaking stories of women from my constituency who have waited years for their abuser to be brought to trial. The crisis that has developed in our courts is having a devastating impact on victims. Given that many of the previous reforms to judge, jury and magistrate trials over the past 50 years were also intended to speed up the system, will the Secretary of State outline how these proposed changes will fix the broken system and deliver swift justice for victims?
I am grateful to my hon. Friend. First, we need investment and more sitting days. We did not get that under the last Government—we are getting that now. Secondly, we need reform. We asked Sir Brian Leveson to look at this in great detail. He did that, and we must now respond and not shirk from the reform that is necessary. Thirdly, we need modernisation. That is why, for example, being able to get a transcript and a recording at magistrates is so important.
Under the Justice Secretary’s plans to slash jury trials, he is giving magistrates more serious cases. However, he also plans to scrap the automatic right to appeal—a vital safety valve in courtrooms where justice is delivered at pace by volunteers. Last year, 5,000 cases from magistrates courts were appealed, of which more than 40% were upheld. Given that very high rate of successful appeals, will the Secretary of State be honest with the public and concede that curtailing appeals will unquestionably lead to miscarriages of justice?
The right hon. Member for Goole and Pocklington (David Davis) on the Conservative Back Benches has just said that summary justice is no justice—either they believe in our magistrates or they do not. I believe in our magistrates. Sir Brian recommended a permission stage, and we accept his recommendation for creating a permission stage on appeal. That is the right thing to do, particularly because many appeals have no merits, and that is why victims fall away.
If the Secretary of State maintains that this change will not lead to miscarriages of justice, he must be expecting the same number of cases to be appealed. In which case, there is no point doing it in the first place. The truth, deep down, is that the Government are willing to tolerate some miscarriages of justice to save a paltry sum of money, yet all the while the solution is staring us in the face. Since the Justice Secretary announced his plan on 2 December, 640 sitting days have been missed.
It is the end of term. The Justice Secretary’s report card is marked “improvement required”. Will he reflect over Christmas and make scrapping his plan to slash jury trials a new year’s resolution that we can all support?
I know the right hon. Gentleman has more front than Blackpool pier, but let us be clear: we are accepting a permission stage that was recommended by Brian Leveson. What we need are more sitting days and more investment, and we are doing that. We cannot shirk reform, he knows that jury trials will continue to be a cornerstone of the Crown court system, and we need modernisation. All of that was not done by the last Government.
Tim Roca (Macclesfield) (Lab)
Last week I announced record funding for victim support services: £550 million over the next three years—the biggest investment in victim support services to date. This Labour Government are putting victims at the heart of the justice system.
Tim Roca
I welcome the increased funding. Victim support and the commissioning of those services is incredibly important, and the operational independence of police and crime commissioners has been invaluable in that regard. What assurances can Ministers provide that, with the abolition of PCCs, victim support will not be led by forces themselves and that we will keep the important progress we have made over recent years?
We have committed to providing PCCs with £131.8 million for 2026-27 and £134 million for 2027-28 for their work on sexual violence and domestic abuse. It is really important that we ringfence that funding.
Building on the question from the hon. Member for Macclesfield (Tim Roca), police and crime commissioners were able to act as a strong independent voice for commissioners. In what has been outlined so far, there is not really a voice for victims in local areas. What will the Secretary of State do to make sure that is remedied?
We have up to May 2028. It is important that we get the money in and that that money particularly goes to the frontline. When I meet organisations on the ground such as Rape Crisis, they are the voice of women on the frontline, but of course we are looking very closely at how this interaction will work after we no longer have PCCs.
Lisa Smart (Hazel Grove) (LD)
Uma Kumaran (Stratford and Bow) (Lab)
I pay tribute to Lenny Scott, who was a dedicated prison officer and much-loved family man. In 2020, he seized an illicit mobile phone from a prisoner, who took revenge four years later by taking his life in broad daylight. Perpetrators of heinous killings like that must feel the full force of the law. I can announce today that we will broaden the starting point for whole-life orders to include murders connected to the current or former duties of a police, prison or probation officer. That means that offenders can expect to spend the rest of their life behind bars. That is the latest step that this Government have taken to keep our hard-working prison and probation staff safe.
Uma Kumaran
I thank my right hon. Friend for that clarification. By the time my constituent gets her day in court, she will have waited nearly a decade for justice. That is the cost of the Tories’ broken court system—unacceptable waits, contributing to a tragically high number of victims not proceeding to trial. The result is near-total impunity for the men who commit serious offences of sexual assault and domestic abuse. My right hon. Friend is working tirelessly to reduce the courts backlog. What is he doing to ensure that victims are put first, so that they do not have to face waiting a decade for justice?
I am truly grateful to my hon. Friend for once again raising the voice of victims in this House. I hope that over the coming months, as we debate our courts Bill, hon. Members will keep in mind those victims, and the voices that we often hear, via female Members of Parliament. The £550 million of multi-year funding that I have found for victims to give them certainty was essential, and we will continue to keep victims front of mind.
Gregory Stafford (Farnham and Bordon) (Con)
The hon. Gentleman can do better than that. That is not true. We are serious about bringing down the backlog, and that means that we of course want to introduce our courts Bill in the early part of next year.
Mark Sewards (Leeds South West and Morley) (Lab)
Calum Miller (Bicester and Woodstock) (LD)
The hon. Gentleman will have seen the announcement that I just made on whole-life orders. I will of course ensure that the Prisons Minister meets him. We will do everything we can to keep our probation officers safe.
Josh Fenton-Glynn (Calder Valley) (Lab)
The £550 million for victims was essential, as is passing the Victims and Courts Bill, implementing Sir Brian Leveson’s review, modernisation and all the work and money we are putting into our courts system.
Steff Aquarone (North Norfolk) (LD)
Yes, we will ensure that that money reaches the hon. Member’s constituency, and I will ensure that the Minister responsible meets him.
My hon. Friend is right to put on record the huge support that we have had, particularly from west Africans, in our prison system, for which I am grateful. I am in discussions with the Home Secretary and hope to update the House on that shortly, but I do see a way through.
To build on the excellent questioning by the shadow Secretary of State, my right hon. Friend the Member for Newark (Robert Jenrick), how many prisoners have been mistakenly released, and how many will it take before the Justice Secretary considers his position?
Lola McEvoy (Darlington) (Lab)
Earlier this year, a man was convicted by a jury of sexual assault of a child under the age of 13. This vile perpetrator was given a suspended sentence, with his mental health cited as the reason. He was spared prison and, crucially, his mental health had no impact on his culpability for this horrible crime. My constituents have sought justice, and I agree with them that the sentence is outrageously lenient. Will the Secretary of State please write to the Sentencing Council to stress that this Government believe that those found guilty of sexual crimes against children should go to prison, and that suspended sentences must only be granted in the rarest and most extreme mitigating circumstances?
I am grateful to my hon. Friend for her campaigning on this issue. She knows that I cannot comment on the individual case, which was subject to a review, but the Minister, my hon. Friend the Member for Rother Valley (Jake Richards), is meeting the chair of the Sentencing Council and will take forward her recommendations.
Both this Government and the previous Government tried to get to grips with the increasing problem of the smuggling of illegal drugs into prisons. Can the Secretary of State indicate that, this time, this Government will get to grips with the problem so that people can be reassured that it is not a continuing and escalating issue?
The hon. Gentleman is absolutely right. That is why the £40 million that we are investing in drone technology in particular is important, but we are also investing in new X-ray machines across our prisons to drive down drug use.
Michelle Scrogham (Barrow and Furness) (Lab)
Forests With Impact is delivering innovative prisoner rehabilitation through horticulture, paid work and accredited training at HMP Haverigg, helping people to gain skills for employment on release while also contributing to environmental recovery. Would the Minister be willing to pay a visit and observe this work at first hand, and will he meet me to discuss how similar schemes could be supported more widely?
One in three rape trials end up being postponed, in some cases more than six times, and 73% of rape survivors say that police treatment worsened their mental health during the process. What improvements will be made in how the police treat rape survivors?
The Criminal Justice Board, which brings all the justice partners together, met recently, and of course the police are represented on that board. However, I urge the hon. Lady to look closely at the Victims and Courts Bill, which provides for the reform that we need to reduce the backlog.
I welcome the news that the Deputy Prime Minister has been appointed to lead a national summit to discuss the issues affecting men and boys, but given that those in politics—including, let us face it, progressive politics—all too often fail to see and speak about some of the specific challenges faced by men and young boys growing up in Britain today, how can we make the most of the summit, which could be a truly catalysing moment to start to put that right?
I am grateful to my hon. Friend for championing this issue. As part of our mission to deal with violence against women and girls, we must build a positive agenda that promotes opportunities for men and boys but is in no way at the expense of opportunities for women and girls. The Prime Minister has announced a new programme of work to be led by me and by the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), which will include a national summit for men and boys next year.
Alison Bennett (Mid Sussex) (LD)
Survivors’ Network supports all victims of sexual assault and abuse in Sussex. When my hon. Friend the Member for Chichester (Jess Brown-Fuller) and I met representatives of the network at the start of the month, they told us that, owing to the rising costs of national insurance contributions and inflation, £40,000 of its costs are now unfunded. Given the Government’s emphasis on driving down sexual violence, is this the right decision?
Is the Secretary of State aware that there is a crisis in family mediation, with no confirmation of mediation vouchers going beyond next April and over half of legal aid providers having been forced to give up in the last eight years? Does he agree that this is short-sighted, as mediation saves time, money and families, and will the Government work with the Family Mediation Council to rescue the sector?
Mediation is hugely successful, and I reassure my hon. Friend that we will continue to talk to the sector about this issue. I will update him in the coming weeks.
Tessa Munt (Wells and Mendip Hills) (LD)
I served on the Bill Committee for the Public Office (Accountability) Bill—better known as the Hillsborough law—and was very grateful to the Minister for agreeing to meet my hon. Friend the Member for Cheadle (Mr Morrison) and me to discuss 11 amendments, two new clauses and general points that came up in the line-by-line scrutiny. The Minister was very clear that she is a woman on a mission and that she wants the Bill to be on the statute book as soon as possible. May I seek an assurance that she will meet my colleague and me before the Bill is considered on Report?