Oral Answers to Questions

David T C Davies Excerpts

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

As the hon. Gentleman will be aware, the cleaners and security guards are employed by private contractors, and that is a matter for them.

[David T. C. Davies (Monmouth) (Con)]

T4. Following the sexual assault of four female prisoners by a male claiming to be transgender, what additional advice has been given to prison authorities about housing transgender prisoners?

Oral Answers to Questions

David T C Davies Excerpts

Tuesday 13th November 2018 Commons Chamber

[Mr Gauke]

The hon. Lady will be aware that we are currently looking at access to justice as part of our post-implementation review. In terms of the particular case she mentions, I know that the courts Minister will be happy to meet her.

[David T. C. Davies (Monmouth) (Con)]

T2. What is the Ministry of Justice doing to ensure that female prisoners can never again be assaulted on the female estate by male prisoners who claim to be transgender?

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

My hon. Friend raises a very important issue. It is important that all prisoners are treated with respect, but it is also vital that the safety of all prisoners is prioritised. Detailed procedures are in place in Prison Service instruction 17/2016 to do that in respect of transgender prisoners. The offences at New Hall are very serious and we are looking at how those rules were applied in that case. In the light of that, I can confirm that I continue to look carefully at the content and application of PSI 17/2016.

Oral Answers to Questions

David T C Davies Excerpts

Tuesday 10th July 2018 Commons Chamber

[Lucy Frazer]

The Prime Minister has made it clear that the ECJ will no longer have direct jurisdiction in this country. Where we continue to operate common rules, it will of course be appropriate that this country can look to the ECJ jurisprudence to decide the way forward.

[David T. C. Davies (Monmouth) (Con)]

6. What steps his Department is taking to help offenders find employment upon leaving prison.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

The education and employment strategy will set each prisoner on a path to employment from the outset. Through work, people can turn their backs on crime. Good behaviour and hard work will be rewarded with opportunity. Since the strategy’s publication, more than 30 new organisations have registered an interest in working with offenders. Nine Government Departments are signed up to the Going Forward into Employment pilot to hire ex-offenders in the civil service, and the first cohort of offenders is already in post.

[David T. C. Davies]

I thank my right hon. Friend’s Department for the interest it has already shown in a project to enable serving prisoners to undertake the theoretical exams required for a career in the haulage industry, which is currently very short of workers. As a result of the meetings I have had with the Department, a pilot project is taking place in south Wales. I thank Ministers for that and ask that they continue to show interest in the project.

[Mr Gauke]

I thank my hon. Friend for his point. It is an example of where I hope that my Department and Her Majesty’s Prison and Probation Service can work with employers to ensure that we help get more people into work, which is good for the individual offenders, good for the employers and society benefits as a whole because it contributes to reducing reoffending.

European Union (Withdrawal) Bill

David T C Davies Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[David T. C. Davies (Monmouth) (Con)]

Twenty years ago, almost to the day, I was involved in another bitterly fought referendum campaign in which both sides accused the other of exaggerations and even outright lies. The result was extremely finely balanced, our nation was divided and many were of the opinion that the Government of the day had absolutely no right to proceed with such a profound constitutional change on the basis of a tiny majority. I refer not to the EU but to the Welsh devolution referendum.

There the similarities end. The day after the Welsh Assembly referendum, I did not see BBC reporters trawling the streets of Cardiff or Swansea for anecdotes about people who had allegedly voted one way and then changed their minds—I can well remember in fact that BBC reporters from Wales could hardly contain their delight—and we did not see business representative groups and trade unions whipping up fears about the future of the economy; instead, they embraced the opportunities. Those of us who had been actively involved in the campaign against the Welsh Assembly realised that, whatever we thought of the result, the people had spoken. Even though it was a narrow margin—much narrower than in the EU referendum—and on a much smaller turnout, we did not try to stop the process. We did not try to take the Government to court. In fact, we got involved in the shaping of Welsh Assembly standing orders through a body called the National Assembly Advisory Group.

The First Minister of Wales and some of his colleagues in Parliament would do well to remember that. He and others have been complaining about a power grab and making accusations about undermining the Assembly—

[Peter Grant (Glenrothes) (SNP)]

Will the hon. Gentleman give way?

[David T. C. Davies]

I will give way in a moment. I am coming to something the SNP said earlier.

The only powers being grabbed are those being grabbed from Brussels and taken back to London. There is absolutely no grabbing of powers from Cardiff. Earlier, my hon. Friend the Member for Stirling (Stephen Kerr) asked the hon. Member for North East Fife (Stephen Gethins) whether he could name a single power being taken from Edinburgh, and he could not name any.

[Peter Grant]

rose—

[David T. C. Davies]

I am happy to give way to his colleague to see if he can come up with a few.

[Peter Grant]

The hon. Gentleman is keen to draw parallels between the EU referendum and that which established the Welsh Assembly. The result of the EU referendum casts great doubt over the continuing human rights of 3 million people living in these islands. Can he name a single person whose human rights were threatened as a result of the Welsh referendum 20 years ago today?

[David T. C. Davies]

It was about the same number of EU nationals whose human rights are being threatened by the latest referendum. One of those 3 million is my wife. Not a single Government Member has ever suggested stripping EU nationals of their rights. We are totally opposed to that idea. I am happy once again to say on behalf of all my colleagues that none of us wants to do anything to take away the human rights of the hard-working, law-abiding EU citizens in this country. We welcome them as much today as we always have.

We are not taking powers away from Cardiff, Edinburgh or anywhere else. In fact, over the last few years, Conservative MPs have voted several times to give significant extra powers to the Welsh Assembly—and, I believe, to the Scottish Parliament. To be honest, if I am going to criticise my own colleagues, I would criticise the number of extra powers we have given to the Welsh Assembly and will do again. I probably will not be quite as enthusiastic about that, but there we are. The Bill will actually strengthen devolution. It will mean more powers for the Welsh Assembly in the not-too-distant future, and it will be much easier to transfer powers from the Westminster Parliament back down the M4 than it would be if those powers stayed in Brussels. Let us be frank about that. If those powers were to stay in Brussels, they would not come to the Welsh Assembly at all.

It is time for Opposition Members to do what those of us who opposed the Welsh Assembly did 20 years and recognise that it is the will of the people, including in Wales, which voted for devolution and to leave the EU. It voted mainly for Conservative and Labour MPs in the last election who stood on a manifesto commitment to respect the referendum decision and bring Britain out of the EU. The people having made their voices heard over and over again, it would be an outrage if we did what Commissioners in Brussels have done many times in the past few years and went against the stated will of the people. The Bill represents a great day for democracy in Britain, including in Wales, and I look forward to joining my colleagues in the Lobby to support it tonight.

Oral Answers to Questions

David T C Davies Excerpts

Tuesday 1st November 2016 Commons Chamber

[Sir Oliver Heald]

My hon. Friend makes an important point. He will be aware of the announcement about derogation. Previously, there have been occasions when industrial-scale allegations could be made, many of which were later proved to be false, but that will change once the derogation process is in place.

[David T. C. Davies (Monmouth) (Con)]

It has been reported that 28 terrorists have used the Human Rights Act to avoid deportation—no doubt using legal aid as well. Is it not time to scrap the Act and to start thinking less about the human rights of terrorists and foreign-born criminals and more about the human rights of law-abiding members of the British public?

[Sir Oliver Heald]

The House will be aware that there are concerns among the British public about the barriers to the deportation of criminals that should not have been there. There is also a need for British conditions and British jurisprudence in this area, something which the Conservative party has been calling for over many years and which the Government are alive to.

Oral Answers to Questions

David T C Davies Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Mr Raab]

I give the hon. and learned Lady my personal undertaking to talk to her and any other colleagues, as she wishes, when the time comes for publication.

[David T. C. Davies (Monmouth) (Con)]

Does the Minister agree that any successor to the Human Rights Act should ensure that no compensation is paid in future to foreign nationals who move into foreign war zones and are then imprisoned by foreign countries? The British taxpayer should not be responsible for what takes place.

[Mr Raab]

My hon. Friend, too, tenaciously raises these issues of extraterritorial jurisdiction and remedies for cases where people have behaved in an unsavoury or nefarious way. We will have full opportunity to look at all those issues in detail during the consultation.

Oral Answers to Questions

David T C Davies Excerpts

Tuesday 1st July 2014 Commons Chamber

[Chris Grayling]

I very much regret the fact that the Government set about a path that led to that £56 million write-off—I mean the Government in office when the contract first started, before the 2010 general election.

Let me say to the hon. Gentleman and those staff in Newport, who have done a good job for us and will continue to do a good job for the services we provide across Government in the future: the reality is that we are having to take difficult decisions. The hon. Gentleman is part of a party that aspires to be in government in nine months’ time. That party needs to realise that if it is—God forbid—elected next year, it will have to take difficult decisions as well. It does not appear to have realised that.

[David T. C. Davies (Monmouth) (Con)]

Will the Minister confirm that there will be absolutely no offshoring of jobs as a result of the process, that jobs are safe for the next 12 months at the very least and that he and his senior officials, who have been very willing to discuss the issue with me in a calm fashion, will continue to be open to Members of Parliament with real concerns?

[Chris Grayling]

I give my hon. Friend that latter assurance absolutely categorically. Let me address the issue of offshoring. In my previous job, I said on the record that I did not want Departments that I ran to offshore UK jobs. My position on that has not changed.

Criminal Justice and Courts Bill

David T C Davies Excerpts

Monday 24th February 2014 Commons Chamber

[Nick Herbert]

As ever, I do not disagree with the right hon. Gentleman. That is an issue of accountability. We must ensure that contracts are written properly. The behaviour of some companies has been appalling and they should be held to account. There were also problems with the earlier trials of satellite tracking technology and there have been problems with use of simpler electronic monitoring. However, the technology can be made to work effectively and those who deliver the contracts can be held properly to account.

The potential benefits to public safety and, as we have heard, to criminals, who may find that they are no longer constantly approached by the police as a suspect in other investigations because it can quickly be established that they were nowhere near the scene of the crime, are too great to dismiss. We have an opportunity to introduce curfewing and semi-custodial sentences into our criminal justice system in a way that was not possible before. We can make the effective supervision of offenders outside a custodial environment a reality and we should embrace that.

I welcome the changes that the Justice Secretary is proposing to out-of-court disposals in the Bill. Many Government Members and observers of the criminal justice system have long been concerned that the growth of out-of-court disposals has led to problems. Her Majesty’s inspectorate of constabulary produced an important report on this matter a number of years ago, in which it identified the repeated use of certain out-of-court disposals and their inappropriate use for serious offences as a cause for concern. I commend the Justice Secretary for acting on that and making sensible changes to simple cautions in the Bill to ensure that they are not used inappropriately. Again, we can debate the nature of the proposals, but the direction of travel is exactly right.

The growth of administrative justice—for that is what it is—has a place. The previous Government described it as a programme of summary justice, but it is a programme of administrative justice whereby, without recourse to any kind of court, disposals are handed out on the spot. Although it has a place, we must ensure that it does not get out of hand.

As my hon. Friend the Member for Dartford (Gareth Johnson) mentioned, the use of administrative disposals peaked in 2007, driven by the unwise target to bring offences to justice. There was a famous case close to my constituency in which a police officer found a corpse hanging from a tree. In the pocket of the corpse was a penknife. The police officer attempted to record the offence of possession of an offensive weapon. It was very unlikely that the corpse would have used the knife in a dangerous manner. That was due to the target culture that drove the growth of administrative disposals. That culture has fallen away, but the proportion of disposals that are out-of-court disposals is still twice as high as it was a decade ago. That is not necessarily a bad thing, but it is important that such disposals are used appropriately.

[David T. C. Davies (Monmouth) (Con)]

Does my right hon. Friend agree that this is a problem of unforeseen consequences? One reason such disposals are used widely by the police is that it is so difficult and time consuming to put together the MG forms to bring a case to court. The temptation is always to dispose of a case out of court if it is at all possible.

[Nick Herbert]

My hon. Friend speaks from his experience as a special constable. What he says is certainly the case. One of the dangers of using the growth in administrative justice as a solution was that the previous Government took their eye off the important task of dealing with the bureaucracy in the criminal justice system as a whole and making it more efficient, so that cases that had to be brought before the courts could be brought before them swiftly and effectively. I therefore welcome the proposals to deal with the problem of simple cautions being used wrongly.

The growth in administrative justice should give us pause to reflect on the proper role today of the important institution that is the lay magistracy. I was struck by the comments of my hon. Friend the Member for Huntingdon (Mr Djanogly), who, when he was courts Minister, had the difficult responsibility of closing a number of under-utilised magistrates courts. There is no doubt that magistrates have faced challenges owing to a reduction in business, which was caused originally by the growth in administrative disposals and has been partly caused by the reduction in the level of crime and by cases being taken by professional district judges, rather than by traditional magistrates courts. All those factors have led to the magistracy feeling undervalued.

Although I welcome the proposals in clause 24 for single justice procedures, which are entirely commonsensical in respect of high-volume, uncontroversial cases in which there are guilty pleas, I believe we should think further about the right role for the magistracy in the operation of the summary justice system. That will be particularly important if the budgetary position with which the Ministry of Justice is confronted means that there have to be continuing court rationalisations. The development of new justice hubs and centres is not necessarily a bad thing. They can be fit for purpose and very useful, but they also mean that magistrates sit further from the communities from which they are drawn.

--- Later in debate ---

[Keith Vaz]

Then I admire his patience in sitting through the entire debate and I wish him well in his ministerial career. I am not sure whether, had he got to the Ministry of Justice before the Bill was signed off, he might have opposed some of these points.

I will start by raising a few concerns. I agree with the shadow Lord Chancellor that there are some good parts of the Bill, and I hope that we can make it better between now and it becoming law, should the House decide to support it. I have about five points to make, the first of which concerns judicial review. The previous Labour Government were embarrassed on a number of occasions when they lost judicial review challenges, and I believe it is extremely important that that remains an avenue of choice for those who feel that the justice system does not provide them with the kinds of solutions they need to their problems.

In particular, I am thinking about those who face difficult immigration cases, who have seen the right of appeal taken from them—not by the Ministry of Justice but by the Home Office—and who now face only the prospect of applications for judicial review to bring their cases to the attention of those who make such decisions. I agree that there are many frivolous cases, and many people go forward and make judicial review applications, sometimes for the sheer hell of it. It is right that citizens should use this power carefully, but once we take away the right of appeal in immigration cases, we leave people with no choice other than to apply for judicial review. That is why we have seen an increase in judicial review over the past few years.

[David T. C. Davies]

Have the Government had to consider this matter because with the encouragement of various—dare I say it?—left-wing non-governmental organisations, people who clearly had no right whatsoever to be in this country were able to put in one appeal after another and be legally funded all the way through? Is it not about time the taxpayer had a bit of representation as well?

[Keith Vaz]

The hon. Gentleman served on the Home Affairs Committee and therefore knows how the Home Office deals with such cases. If we were satisfied that decision making was robust and that entry clearance officers and those who reviewed their decisions always made the right decision, we would not need a right of appeal. As he knows, however, having sat through the Committee’s deliberations, 50% of appeals on immigration cases are won by the applicant. That does not mean that judges are cleverer than entry clearance officers, but it does mean that decisions have not been looked at carefully enough. If we take away that right of appeal, all people will have is the ability to challenge in the courts. Of course I do not believe it right for people to play the system and have multiple appeals, but if we take away the last vestige by which they can challenge decisions, we will leave them with absolutely no choice.

As I said, the previous Government suffered because they tried to stop citizens marrying foreign citizens in our courts. They were taken to court and judicially reviewed, and the court said, “You cannot do this”. Spouses had to go back and make applications, but the previous Government—as successive Governments have done—lost a number of such applications. I think we should look carefully at this issue. On its own it may not seem like a bad idea, but if we take away the right of appeal in immigration cases, as section 11 of the Immigration Bill does, that will create a number of problems. After all, 32% of deportation decisions and 49% of entry clearance applications were successfully appealed last year. We must look carefully at the issue.

Police

David T C Davies Excerpts

Wednesday 12th February 2014 Commons Chamber

[Damian Green]

I am sure that it is money well spent because getting the best people into the police for the future is one of the principal points of our reforms. As I said, I hope that policing will become one of the great professions that people look to, and that therefore—even more importantly—it will provide a better service to the public. I know that the Metropolitan police commissioner is looking at providing soft loans or some other form of bursary, and it is for individual forces to decide whether or not to ask for the certificate and how best to attract people. I know that at the moment the Metropolitan police is looking at that.

Apart from the College of Policing, we are also expanding the Independent Police Complaints Commission to ensure that a greater number of cases involving the police will be considered independently. Given the current atmosphere surrounding various complaints about the police, I am sure that will be welcomed by the whole House.

[David T. C. Davies (Monmouth) (Con)]

I am grateful to the Minister for giving way because it gives me the chance for a small plug. Has he had the chance to look through a copy of the report that I wrote for the Council of Europe on eradicating racism in police forces across Europe? If not, would he welcome a copy?

[Damian Green]

I confess that I have not yet read my hon. Friend’s report, and I would, of course, very much welcome a copy. I am glad that he got his plug on the record.

We have also launched the National Crime Agency, which is leading the UK’s fight to cut serious and organised crime. The priority for the NCA is to identify and disrupt serious and organised crime, and I am glad to report to the House that it is already achieving successes. In a recent operation in the Philippines, the NCA worked alongside US and Australian authorities to dismantle an international child abuse ring, leading to 17 arrests in this country. That is an excellent example of the partnership approach that the NCA was set up to develop.

While mentioning partnership, let me move on to collaboration. Police and crime commissioners and chief constables are working to drive efficiency and improve policing through greater collaboration. We know—we have already had an exchange on this—that collaboration initiatives can be challenging to set up, but there is no reason why forces should be planning to deliver less than 10% of their savings from collaboration. If they are doing that, opportunities are being missed.

Let me give some examples. Recently, the independent inspectorate praised the Warwickshire and West Mercia strategic alliance as one of the most ambitious and extensive collaborations in the country. In 2014-15, West Mercia expects 70% of its total expenditure to be spent collaboratively, generating 94% of the force’s savings requirement. Similarly, Warwickshire expects 75% of its total expenditure to be spent on collaboration, generating 75% of the force’s whole savings requirement. That shows what can be achieved.

It is important to recognise that collaboration is not just about sharing with other forces. Mental health, for example, has a big impact on crime and policing, and nine forces are now participating in street triage pilots that involve mental health professionals and paramedics working closely with police officers. They aim to improve the experience of, and access to, the health service for individuals at the point of mental health crisis. The initial feedback from those pilots is very positive, with good partnership working and a reduction in the number of police detentions under the Mental Health Act 2007. That is better for the police and, even more importantly, better for patients.

A further area where reform can both save money and deliver a better service is greater collaboration between the blue-light emergency services. Innovative work is already taking place between PCCs, fire authorities and ambulance trusts, and the Government are already supporting proposals for emergency services sharing properties, services, training and communications, through £3.8 million of funding from the police innovation fund.

--- Later in debate ---

[Jack Dromey]

I totally agree. It is the most effective form of local policing in terms of detection of crime and diverting people from crime. It is also key to the detection of very serious wrongdoing. For example, in the city I am proud to represent, Birmingham, there has been a large number of terrorist crime convictions. Some involved hi-tech monitoring, but in most cases the detection of wrongdoers came about through good neighbourhood policing and the development of local relationships; in this case, predominantly with the Muslim community. As a consequence of that co-operation, those guilty of the threat or actual commission of terrorist crime were brought to book. Whether it is a local burglary or a terrorist crime that threatens our community, there is no substitute for the local policing that the hon. Gentleman rightly identifies.

[David T. C. Davies]

I agree with a lot of what the shadow Minister is saying. That community presence is clearly very important, but surely there is also a role for police officers in vehicles being able to respond quickly to emergencies? That is something that the public also feel very strongly about.

[Jack Dromey]

Of course that is right. I made reference in passing to an example in my constituency. An armed robber on the run hijacked a car, pushing aside a terrified mother of two young children, who were still in the backseat, and drove off. The speed with which the armed response unit responded and apprehended that thug was outstanding. The thug is now where he richly deserves to be: behind bars serving a very long sentence. Hon. Members will excuse me if I try to move on from the paragraph of my speech that I have been on for the past five to 10 minutes, but I will be glad to take further interventions as appropriate.

Our central concern is that, as the thin blue line gets ever thinner, the Government’s 11th hour police grant report does nothing to stop the remorseless hollowing out of our police service, with more than 10,000 police officers already gone from the front line. The delay and infighting within the Government over the threshold by which a referendum would be required for an increase to the police element of council tax bills, has put police and crime commissioners and local authorities in an impossible position with only a month left to set their budget.

Oral Answers to Questions

David T C Davies Excerpts

Tuesday 4th February 2014 Commons Chamber

[Chris Grayling]

I can only assume that the hon. Gentleman was not in the House last June when I made the original statement about the electronic tagging situation and said that I had decided, in the interests of justice in this country, to proceed with two extensions at prisons run by the two organisations involved. I was completely clear about it, I explained why at the time and he clearly was not listening.

[David T. C. Davies (Monmouth) (Con)]

T4. Residents in Monmouthshire were recently very concerned when a man convicted of manslaughter absconded from Prescoed open prison. Will the Minister ask his officials to look into the risk assessments being used before prisoners are transferred to Prescoed to ensure that they are suitably rigorous?

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

We expect that the risk assessments in all these cases are rigorous. My hon. Friend is right to draw attention to this case, and I will, of course, look into it and find out what has happened.