Leaving the EU: Legal Services

Gavin Newlands Excerpts

Wednesday 21st November 2018 Westminster Hall

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I congratulate the hon. Member for Huntingdon (Mr Djanogly) on securing such an important debate, and I will touch on some of his remarks. He mentioned that the legal services sector contributed £26 billion to the economy. Like him, I look forward to hearing the Minister outline what her Department is doing to prepare for a hard Brexit, should that occur on 29 March.

My colleague on the Justice Committee, the hon. Member for Henley (John Howell), mentioned a point made by Lord Chief Justice on the paucity of judges in the English system, which has come up from time to time in the Committee’s deliberations. I have made it a habit not to disagree with the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Robert Neill), because he is wise and rarely wrong, and he was right again, particularly when he brought up the potential position of family courts post-Brexit. He also mentioned that the discussion is akin to groundhog day, which I am pleased to tell him is on my birthday, so I look forward to a nice bottle of malt from him.

[Robert Neill]

Does the hon. Gentleman want single or double?

[Gavin Newlands]

Whatever the hon. Gentleman can afford; I would be most grateful.

On a more substantive point, we have heard today that Brexit has the capacity to complicate and disrupt every aspect of our lives. Over the decades, European co-operation on justice issues has undoubtedly led to countless criminals and victims getting justice. Brexit seriously risks that successful current arrangement for very little gain. It is vital that the UK Government do everything in their power to ensure that cross-border legal service arrangements are as close as possible to the current arrangements.

At the moment, it is unlikely that the Prime Minister’s withdrawal agreement will pass the House of Commons. On top of countless other problems, a no-deal Brexit would discard the agreement to have reciprocal recognition of legal qualifications. With their technical notice, the Government have provided something, but it does not provide anywhere near enough clarity on justice arrangements after a no-deal Brexit. I welcome the fact that under the withdrawal agreement, mutual recognition of legal professionals would continue at least during the transition period.

That is just one example that highlights how European Union membership benefits our justice system and society more widely. The Scottish National party will continue to argue that the best course of action for Scotland and the UK’s other constituent nations is full membership of the European Union. Failing that, even single market access via the European economic area and customs union membership would also allow current arrangements to continue unhindered.

We are hurtling rapidly towards a blindfold Brexit, with no clarity on what future arrangements will look like. Despite some of the welcome guarantees, we are still none the wiser about what the arrangements for legal services will look like. We remain gravely concerned about the future of legal services in Scotland and across the UK after transition. I urge the Minister and the UK Government, in the strongest possible terms, to get their act together and address that urgently in the future partnership arrangements.

No one can know for certain what will happen in the next few months, but it is clear that the Prime Minister will struggle to gain approval for the agreement, and a damaging no-deal Brexit is still a real possibility. As we heard from the hon. Member for Huntingdon in his opening speech, the mutual recognition of professional qualifications directive, the lawyers’ services directive and the lawyers’ establishment directive all provide reciprocal arrangements between EEA states for the recognition of qualifications, creating arrangements for European lawyers to register to practise permanently in another EEA state as a registered European lawyer. As the Government’s technical notice clearly states, if no deal came to pass, those reciprocal arrangements would cease to apply, which would result in a sharp end to them on 29 March. As we have heard in great detail, that would be an unmitigated disaster for law firms and lawyers who operate in the EU.

The Law Society of England and Wales carried out research on Brexit. Some £3 billion could be stripped from the sector’s turnover by 2025 if the UK crashes out of the EU without a deal, and a hard Brexit could cut the legal sector’s rate of growth by half. The UK is a world-leading centre in legal expertise, as we have heard, and that standing could be irrevocably diminished because of Brexit—“global Britain” indeed. The Scottish National party has been consistently clear that freedom of movement and all the advantages that it brings should be allowed to continue in Scotland. Ending freedom of movement will jeopardise the continuing success of the legal sector in a country that voted overwhelmingly to remain in the European Union. That will be heavily damaging and deeply unfair. It is vital that the legal sector continues to receive the benefits of freedom of movement, and retaining freedom of movement is the simplest way to secure that.

Andrew Langdon, Chair of the Bar, told the Justice Committee that

“without the free movement of lawyers nothing else of much importance will be salvaged”,

arguing that lawyers’ ability to represent local clients in cases with EU connections is important for the individuals and businesses they represent.

Stakeholders and leading legal experts are desperately calling out for clarity and decisive action from the Government. A sector that is especially vital to the UK economy is under threat, and our lawyers need answers beyond the transition period. If the Prime Minister cannot get an agreement through the House, we seriously risk subjecting the sector to further irreparable damage. It is therefore better to reverse the whole shambolic process and remain in the European Union, so that we would retain the benefits, not only in the justice system but in countless other areas that have enjoyed benefits for decades. At the very least, we should come to an agreement on retaining membership of the single market and the customs union, but if, as I fear, we do not, I suspect many Scots will feel that they have no choice but to exercise their democratic right to regain all those benefits by choosing an independent path of their own within the European Union.

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 13th November 2018 Commons Chamber

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

rose—

[Mr Speaker]

He is bobbing. Persistent bobbing is a very important principle in the House.

[Gavin Newlands]

20. I appreciate your advice, Mr Speaker.Despite the answer given to my hon. Friend the Member for Motherwell and Wishaw (Marion Fellows), the Institute for Government states that if the UK leaves the EU without a deal, extradition arrangements will revert back to the European convention on extradition. That process takes, on average, a year, while the current arrangements under the European arrest warrant take 48 days. Does the Minister not accept that a no-deal Brexit would cause significant challenges in tackling cross-border crime?

[Lucy Frazer]

There are many areas of security and justice where it is important and beneficial to get the best possible arrangement. The European arrest warrant is an important one, and we are negotiating hard to ensure that we get the best possible arrangement going forward.

Victims Strategy

Gavin Newlands Excerpts

Thursday 11th October 2018 Commons Chamber

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

It is a pleasure to follow the hon. Member for Dudley South (Mike Wood), and I, too, am pleased that we are discussing this extremely important issue today. I welcome the degree of consensus forming around placing victims at the heart of justice, although it is to be regretted that it has taken so long for the Government to publish this strategy. I also welcome the Government’s approach in looking to that great beacon of good governance in Edinburgh, as confirmed last month by the Minister, who said that

“in drawing up this strategy we have taken great heed of what is done in Scotland and looked at what the Scottish Government do. There is no reason to be dogmatic about these things. Where there is good practice elsewhere that may be applicable, we are always happy to look at it, and my officials have been looking at what is done in Scotland.”—[Official Report, 10 September 2018; Vol. 646, c. 482.]

He was right to do so—Scottish legislation has already created strong rights and protections for victims that cover many of the issues now in the Government’s victims strategy. For example, the Victims and Witnesses (Scotland) Act 2014 has improved the support and information that is available to victims, and I point to the Scottish Government’s victims code for Scotland, published in 2016, which clearly sets out the rights of victims in one place. The code ensures that justice agencies, including the police, the Crown, the courts, and the Parole Board publish and report on shared standards regarding how victims are supported and how those standards are being met.

[Nick Smith (Blaenau Gwent) (Lab)]

Gwent is a very good police force in south Wales. Nevertheless, every so often, I hear genuine concerns from victims about how their cases are being taken forward. Does the hon. Gentleman agree that better data on the experiences of victims in the justice system would be a real help?

[Gavin Newlands]

I could not agree more with the hon. Gentleman. The Scottish justice system, and its treatment of victims in the process, is not a land of milk and honey. It has its problems, and we could also do with better information on how victims experience the process. As a member of the Justice Committee, it is something that I will bring up. In fact, I asked a similar question at yesterday’s Committee hearing.

As I have just suggested, I am not standing here today to tell the House that the Scottish justice system or support for victims is perfect. I recently had a case in which a victim’s family felt let down by the Scottish system. My constituent had to wait five months to bury a loved one because of the time it took to find and charge a suspect. In Scotland, police often hold bodies for extended periods as both concerned families and the accused are entitled to have their own post-mortems performed, so stressful delays occur when no arrest has been made. In England and Wales, if no arrest has been made in 28 days, an independent post-mortem is commissioned. This is an area of the Scottish justice system that we need to address, and perhaps look south of the border for a solution, to make what must be an already incredibly difficult and traumatic time for those affected a little easier.

As I have said, I serve on the Justice Committee under the wise leadership of the hon. Member for Bromley and Chislehurst (Robert Neill), and we hear week in and week out of the problems right through the justice system in England and Wales, from a lack of resources to a lack of judges and courts, poor victim support, not enough lawyers in parts of the country, legal aid policy, prison overcrowding and conditions, not enough prison officers, a failing rehabilitation system—the list is seemingly endless. Week in and week out, many of the witnesses before us state that they would like the Ministry of Justice to replicate what happens in Scotland in many areas. Just yesterday, the Committee heard another extremely well qualified panel, including Professor Nick Hardwick, formerly the chair of the Parole Board and chief inspector of prisons, Dee Anand of the British Psychological Society and Mark Day of the Prison Reform Trust, all praise the approach Scotland has taken to a presumption against short sentences and on rehabilitation, which has resulted in the lowest recidivism rate in decades.

The team at the MOJ is relatively new—barring of course the Solicitor General, a welcome beacon of consistency in the Department. I welcome the fact the new team appears to be heading in a more progressive direction: whether through actually pursuing evidence-based policy or financial necessity, it is hard to say. In any case, I welcome that approach and the willingness to look at ideas from elsewhere.

As always, the SNP continually strives to build the fairest justice system possible. That is why the Scottish Government will build on our existing legislation and funding to ensure that victims are put at the centre of the justice process. Their voices will be heard and recognised. In 2018-19, the Scottish Government are providing £17.9 million to third sector organisations who work to support victims. In addition, they have announced a new three-year funding package for Victim Support Scotland, totalling £13.8 million, part of which will provide for a new homicide service giving families of murder victims access to a dedicated caseworker and continuous support. Often victims, and their families, can feel like they are being passed from one organisation to another, adding to their trauma when they are most vulnerable. This new funding is aimed at ensuring that Victim Support Scotland works in partnership with criminal justice and victim support bodies to develop a new approach. Along with the homicide service, it will ease the journey for victims and their families, whether or not they engage with the criminal justice process.

That approach has been welcomed by Victim Support Scotland, whose chief executive, Kate Wallace, said:

“We’re delighted with the shift to three-year funding which provides us with greater long-term stability to enhance the front-line support we provide for people affected by crime. The creation of the Homicide Service and the victim-centred approach are also very positive new developments and we will be working closely with all our partners to make these a reality.”

Crucially, it has the support of victims’ rights campaigners themselves, including Bea Jones, founder of the Moira Fund and the mother of Moira Jones who was murdered in Queens park, Glasgow in 2008. Bea has campaigned for greater support in Scotland for families bereaved through murder, and she said:

“This is an important step and one which will have a positive impact on many lives in Scotland. It will ensure more families will be helped than before, and that those families will get the right support, at the right time and from the right people. I’m pleased that in Moira’s name her charity has played a part in bringing about today’s news and that it enriches her legacy.”

I could not agree more.

The latest Scottish programme for government commits to helping victims in a number of other ways, too. It seeks to work with partners to reduce, and eliminate where possible, the need for victims to have to retell their story to different organisations as they look for help. It seeks to widen the range of serious crimes where the victim can make a statement to court about how the crime has affected them, and it will ensure that victims and their families have better information and greater support ahead of prison release arrangements. It will also seek to improve the experience in the justice system of victims of rape and sexual assault.

Further, just four days ago, Scotland’s relatively new Justice Secretary, Humza Yousaf, announced that he would chair a new victims taskforce that will be dedicated to improving victims’ experiences of the justice system. This will ensure that victims’ voices are heard and will streamline their journey through the criminal justice system. It will also provide wide-ranging support and will ensure access to support and information through the process. The task force will hear evidence directly from victims, and membership will include senior decision makers from justice agencies and voluntary partners, including those who represent victims. This is yet more evidence of the Scottish Government leading the way in their justice policy.

Earlier, I welcomed the fact that the UK had looked for inspiration from the excellent work of the SNP Scottish Government, but we, too, look elsewhere for best practice, whether to Iceland for the Barnahus concept—which involves immediate trauma-informed multi-agency support for child victims of serious crimes and the investigation of abuse, bringing together all relevant services under one roof—or to New Zealand, with its ground-breaking domestic abuse paid leave. Just a few days ago, at its conference, the SNP passed a motion calling on the UK Government to give victims of domestic abuse the right to paid leave from work to secure safe accommodation.

As we all know, domestic abuse can have a horrific and long-lasting impact on survivors and their children and a hugely detrimental impact on their jobs and career prospects. On both sides of the border, it is vital that we do everything we can to help the victims of abuse. Across the UK, more than 100,000 people are at high risk of being murdered or seriously injured as a result of domestic abuse. We must ensure that there is an awareness of what help is available to those at risk, as, on average, those at high risk often wait more than two and a half years before getting help.

As a constituency Member and as a White Ribbon Ambassador, I recently attended an extremely useful and enlightening training session with Renfrewshire’s multi-agency risk assessment conference—MARAC—to learn about the support that it provides for victims. It works with multiple agencies to provide effective one-to-one support, advice and advocacy throughout their experience. That is an extremely difficult task in a sensitive area, but Renfrewshire MARAC is leading the way supporting victims, 95% of whom are women. It has been particularly successful, having heard 315 cases to date. In its observation audit, SafeLives Scotland found it to be the most effective MARAC in Scotland.

Renfrewshire MARAC is currently engaging in sensitive training. It has conducted 250 sensitive routine inquiry training sessions, including high-risk identification, for health visitors, family nurses, community mental health nurses, psychiatrists and psychologists and partners in addiction services. That work is essential to making the process of identifying abuse as easy as possible for the victim. It will also deliver domestic abuse awareness training to 66 housing officers, including homeless services staff, which dovetails well with the commitment made by the Scottish Government to train all front-line police officers and the domestic abuse legislation that has recently been passed in Holyrood. I encourage those who wish to promote that kind of victim support to speak to Maxine and her MARAC team to learn about and apply as much as they can.

I listened carefully to the Minister’s speech, and I echo every point that he made about domestic abuse. I look forward to the new Bill, but I urge him and his colleagues to ensure that the proper resources are provided to support its aspirations and ensure that more support is given to those who suffer such abuse.

As I think I have made clear, Scotland is leading the way in putting victims at the heart of the justice system. It is of paramount importance that victims of any crime are supported on every step of the way through the system and that the number of occasions on which they must relive their trauma is minimised as much as possible. The Scottish Government will always seek to learn from best practice across the world, and I hope that the UK Government will commit themselves to doing the same, whether from Scotland or the other side of the world. They owe it to victims and their families and friends to do just that.

--- Later in debate ---

[Eddie Hughes (Walsall North) (Con)]

This is just my luck. I come to the Chamber to make two brief but personal points only to be preceded by a subject matter expert. The hon. Member for Rotherham (Sarah Champion) is clearly a black belt in all details relating to this topic, so before I even begin my speech I feel somewhat inadequate—

[Gavin Newlands]

Hear, hear. [Laughter.]

[Eddie Hughes]

Not funny. However, I will proceed with my speech anyway.

On 28 September, according to the Express & Star, a young man in my constituency was involved in an altercation with some other boys. This 10-year-old lad was wearing hearing aids at the time, but they were pulled off his ears and stamped on during the altercation. The incident was reported in the local newspaper and clearly struck a chord with the local community. Earlier on, my hon. Friend the Member for Braintree (James Cleverly) mentioned the idea that the compensation scheme should be “pacey” and the hon. Member for Rotherham just highlighted the fact that there is no timetable for compensation, but I am delighted to say that the good people of Beechdale and Walsall moved quicker than that.

Michelle Mansell set up a crowdfunding page through JustGiving. She intended to try to raise £500, stating on the page that she wanted to show the boy that there are more good people out there than bad. That £500 target was quickly reached and surpassed, so she then set the bar at £1,500. Just before I got up to speak, I noticed that the current amount is £5,778, which just goes to show that while the victims strategy is valid and while it is incredibly important that we as a Government provide support for victims, the support provided by close family, friends and the community is perhaps more important. The intention is not that that responsibility should be abdicated to the Government.

Like many other people, I would obviously like to see more police on our streets. I have lobbied the Chancellor and the Policing Minister to achieve that, but a conversation that I had with a chief constable some time ago encapsulated part of the problem and the reason for this victims strategy. He said that the police can do anything, but they cannot do everything. If there is a problem with crime in a particular area, the police could flood in and massively reduce or eradicate the crime, but that would only create crime in areas from where resources had been redeployed. Regardless of how many police we have, we must accept that there will always be victims of crime, which is why the strategy is so valid.

Before I became an MP, I worked for YMCA in Birmingham, a homeless charity for young people providing 300 units of accommodation. We set up our business to ensure that senior members of staff were based in areas where we offered residential accommodation, so the opportunity to see young people who were having the benefit of our services on a daily basis was a natural part of the job and there I heard stories of young people who had lived in families where domestic violence was prevalent.

The Children’s Commissioner published a report earlier this year and the figures stated suggested that 825,000 children in the UK were in a family where domestic violence is prevalent. This is not just a UK problem. I briefly read a report from UNICEF that suggests that at any one time there might be as many as 275 million children facing the problem around the world. The problem is huge and complex, because the exposure to that domestic violence might take many forms. The children might witness it first hand, they might be in another room listening, or they might be upstairs lying on their bed frightened about what is occurring.

The treatment of this problem and the support given to those young people will take many different forms, so I was delighted to read the prospectus that the Government produced in July setting out how people could apply for a chunk of that £8 million of funding. My understanding is that the minimum grant people would apply for is £500,000, and one of the most important things in considering those applications for funding is that the project being proposed should be scalable and should demonstrate interaction with other parties. Many stakeholders should be involved. Why? Because the experience those children will have will manifest itself in many different ways. With some resilient children, it might be hardly noticeable, but with others it might have some serious psychological effects. The terrible thing would be that the change in their behaviour would be interpreted by those who interact with them, perhaps by social workers or school teachers, as having a different source, so it is incredibly important that we provide funds to ensure absolutely that we provide all the support we can for the 825,000 children who might be experiencing domestic violence in their home. That is why I so strongly welcome the report presented by the Minister.

Draft Third Parties (Rights Against Insurers) Act 2010 (Consequential Amendment of Companies Act 2006) Regulations 2018

Gavin Newlands Excerpts

Thursday 11th October 2018 General Committees

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

It is a pleasure to serve under you, Ms McDonagh.

For the avoidance of doubt and so as not to hold Members up, the Scottish National party and the Scottish Government also stand behind this legislation.

Privately Financed Prisons

Gavin Newlands Excerpts

Wednesday 27th June 2018 Commons Chamber

[Rory Stewart]

That question comes from someone who was of course a very distinguished Lord Chancellor and Secretary of State for Justice. My right hon. and learned Friend makes a powerful point: we need to ensure that prison is there primarily for the purposes of punishment, the protection of the public and turning around lives in order to prevent reoffending. We have to be absolutely clear that people who ought to be in prison must be in prison and properly housed there, and we must work to turn their lives around. He has put his finger on the fact that we have inherited a very challenging estate. Almost a quarter of our prisons are buildings that stretch back to the Victorian era or, in some cases, to the late 18th century. That causes unbelievable problems of maintenance, and it contributes to problems of overcrowding and to issues of decency. All of that gets in the way of our ability to provide the conditions that allow us to turn around prisoners’ lives. Therefore, it unfortunately gets in the way of preventing reoffending, which, ultimately, is the best way of protecting the public.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

In the same week that the east coast line trains began running under public ownership, following the third failure in 10 years of the privatised model, we now have the Tories moving to privatise yet more of the Prison Service. We know it was the then Justice Secretary—he is now Transport Secretary—who awarded Carillion the £200 million outsourcing contract for prison maintenance. What due diligence did he complete on Carillion before signing off on that? Why was it allowed to underbid for the contract by £15 million? The prisons Minister said that the Carillion deal was “completely unsustainable” and a “real, real lesson” for the MOJ, so why does he think that yet more privatisation is the solution?

Lastly, the MOJ confirmed in a written answer on 21 June that the Government hold contracts worth £3.6 billion with the private firm Serco, despite the firm having been the subject of an investigation by the Serious Fraud Office. Does he honestly think that will reassure the public that we are not heading for a repeat of what happened with Carillion?

[Rory Stewart]

To some extent, we are going over old ground again. The key, I believe, is to focus on the results on the ground. Let us start with the hon. Gentleman’s final question. We should really be judging Serco’s, Sodexo’s and G4S’s performance in prisons by what they are currently doing in prisons. Nearly 25 years of experience now lie behind this. We have a highly experienced Department. There are 14 privately run prisons with very clear key performance indicators. The inspection reports on those prisons are strong—some are among the cleanest and best run in the country, with very good scores from the inspectors on decency, purposeful activity and resettlement.

To clarify on the issue of Carillion, yes, the company was losing approximately £15 million a year on that contract, but the taxpayer was not losing that money. Carillion was bearing the cost. The taxpayer was effectively saving £15 million a year on that contract. At the same time, I agree that we need to take a lesson from what happened, look carefully at the financial viability of these companies and look at their performance in prisons.

Upskirting

Gavin Newlands Excerpts

Monday 18th June 2018 Commons Chamber

[Lucy Frazer]

I think that there is a role for private Members’ Bills and for the procedure, but I am pleased that the House will have an opportunity to scrutinise this legislation fully.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

I think that today, at least, the whole House is in agreement that the upskirting offence should be on the statute book. It is a shame that the hon. Member for Christchurch (Sir Christopher Chope) does not deign to be among us today as we discuss it. Does the Minister agree that the blocking of important legislation to protect women by a long-serving knight of the realm does nothing to enhance the reputation of this Parliament or its procedures?

[Lucy Frazer]

As I have mentioned—

[Mr Speaker]

Order. I would just say very gently to the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) that I understand the anger in the House about this matter, but I must ask him whether he gave the hon. Member for Christchurch notice of what was a personal attack. Did he do so?

[Gavin Newlands]

No, Sir.

[Mr Speaker]

I am sorry, but Members really must observe the courtesies in this place, whatever the strength of feeling. To make a personal attack on another Member without giving prior notification, and to do it in the guise of putting a question to a Minister who is not responsible for that matter, is not the right thing to do. I understand the hon. Gentleman’s sincerity, and the circumstances, but we really must try to observe proper procedures. I hope the Minister will not mind if I say that she is answering the questions very fully and we are grateful to her for that, but this is not one that she needs to answer.

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 5th June 2018 Commons Chamber

[Dr Phillip Lee]

Yes, I was very impressed by East Sutton Park. I have now visited virtually every women’s prison in the country, and the response from the women themselves is what I took away from that visit. They had a hope for the future that I had not encountered very much elsewhere. I will be doing my best to go into bat for East Sutton Park.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Given that the Lord Chancellor has said that the timetable for the review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is likely to slip, and the fact that, in giving evidence to the Justice Committee, the Law Society and the Criminal Law Solicitors Association praised as refreshing the whole independent review of Scottish legal aid, is this an opportunity to pause and commission an independent review in England and Wales?

[Lucy Frazer]

The hon. Gentleman refers to the report on Scottish legal aid. I have looked at the review, which makes some recommendations that my officials will be looking at to improve our legal aid system. It is very interesting to see in the report a number of measures that we are taking—for example, in relation to video links and the online court, which I have already mentioned.

Worboys Case and the Parole Board

Gavin Newlands Excerpts

Wednesday 28th March 2018 Commons Chamber

[Mr Gauke]

My hon. Friend draws out exactly the tension that we have to resolve. We need to be more transparent; the House rightly demands that. In doing so, we must recognise that it is the Parole Board that would review the documentation and should do so very thoroughly, probe carefully, then reach its conclusion. If those processes are thorough, we have to support the Parole Board in delivering that.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Like everyone else, I welcome today’s ruling. This has, however, been an unnecessary mess, with a somewhat unfortunate scapegoat in Nick Hardwick. The real problems that have been uncovered are processes and rules not fit for purpose, a lack of support for victims and underfunding. The measures the Secretary of State has outlined, including the judge-led internal reviews, are of course welcome, but given that he does not have enough judges to serve the current case load timeously, how will he ensure that their additional role will not delay trials any longer than they are currently delayed?

Victims of Crime: Rights

Gavin Newlands Excerpts

Tuesday 13th March 2018 Westminster Hall

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

It is a pleasure to see you in the Chair, Mrs Main. I congratulate the hon. Member for Leeds North West (Alex Sobel) on securing the debate today and on setting out so well many of the issues within the justice system. It has been an excellent debate, with a huge degree of consensus across the Chamber about the need to improve victims’ rights on a number of fronts, for a number of reasons. I wholeheartedly agree with the concern that many colleagues have raised about the victim contact scheme. That problem needs to be addressed as a priority.

I want to mention the speech by the hon. Member for Torbay (Kevin Foster), who highlighted the case of a friend who was the victim of domestic abuse for many years without realising it. Sadly, that situation is repeated often, the length and breadth of the country, and I look forward to the Government’s bringing forward a domestic abuse Bill shortly. That will be discussed at the meeting of the all-party parliamentary group on the white ribbon campaign at 4.45, later this afternoon.

No one ever imagines that they will be a victim of crime, and if, sadly, it happens, many will be unsure of the process involved, beyond phoning the police, and unsure of what their rights are as a victim. It will obviously be a traumatic experience, and not only is it important that we have an effective set of rights for victims of crime, but it is vital that those rights be clearly and sensitively communicated in the aftermath of crime. As the right hon. Member for East Yorkshire (Sir Greg Knight), who is no longer in his place, said, too often victims are punished twice.

A recent Supreme Court ruling highlighted the way in which the system might fail victims. It stated that a police force breached the human rights of victims by failing to investigate complaints properly. That ruling has serious implications for the rights of victims. If police fail to investigate a serious violent crime effectively in the future, they could be sued under the Human Rights Act 1998.

High-profile recent cases have raised immediate concerns about victims’ rights. However, there has been concern for some time that victims may not be receiving the full breadth of support to which they should be entitled. As we have heard, in England and Wales the Victims’ Commissioner has highlighted problems with the complaints system, and inconsistency about allowing victims the right to make a victim personal statement. As the hon. Member for Leeds North West mentioned, Victim Support has also called for a new, clearly enforceable victims’ law, setting out eight proposals to strengthen the rights of victims. They include creating a single complaints system for victims, introducing a more powerful Victims’ Commissioner, providing greater protection and support to children who experience crime, and improving communication with victims about the outcomes of their case. I hope that, as the hon. Member for Leeds North West asked, the Minister will provide an update on the Government’s thinking on a victims’ law.

The rights of victims are currently set out in the code of practice for victims of crime and there is an explanation of what they should expect from the various bodies within the criminal justice system. Despite the fact that that charter is on the statute book, it seems that not all victims are being afforded those key entitlements. Failure to comply with the code of practice does not in itself make a person liable to criminal or civil proceedings. The Scottish Government take the protection and support of victims of crime seriously. The Scottish National party has long recognised the need to provide the right information and, crucially, the right support to those affected by crime. That plays a key part in a modern justice system that is fair, accessible, and efficient for everyone.

The Victims and Witnesses (Scotland) Act 2014 introduced various measures to protect and enhance the rights of victims, and it focused on providing direct assistance and information to those who experience a crime. It included new rights for victims to access information about their case, and the publication of standards of services by justice organisations. The victims code for Scotland sets out the rights and entitlements that someone can expect. Those rights are statutory, and the code sets out the minimum standard of service that someone should expect, and explains how they will be treated by criminal justice organisations. The Scottish Government recently published “Guidance for the Delivery of Restorative Justice in Scotland”, which outlines the process that allows victims the opportunity to communicate the impact of crime on their lives, in the hope that they will regain some control.

We are debating the rights of victims but—with apologies, Mrs Main—there is one issue we have not mentioned: Brexit. Currently, the UK Government have signed up to the 2012 EU directive that deals with rights, support for and protection of victims of crime. The directive aims to ensure that a consistent level of legal and emotional support is offered to victims, helping them to be fully involved in criminal justice proceedings. Thus far, the Government have failed to provide assurances that those common standards of legal and practical support will continue post-Brexit, but the UK can act unilaterally and ensure that those rights continue. We do not want a diminution of standards in the protection offered to victims in England, Wales, or anywhere else in the UK. Will the Minister confirm whether the UK will continue to participate in the 2012 directive, or make arrangements to ensure that those rights continue?

Victims’ rights should be placed at the heart of any justice system that works for all, but we must do more to support them. The Government have a duty to ensure that victims are provided with the maximum level of support and help during that traumatic period. The various legal jurisdictions in the UK can be rightly proud of their judicial history—indeed, much of the legal world looks up to our systems. However, there are warning signs in England and Wales. A modern justice system relies on being fair and accessible to all, and that includes supporting victims, so that they can play their full part in the pursuit of justice. The UK Government must step up to the mark to ensure that they get it.

Oral Answers to Questions

Gavin Newlands Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

I would like to take this opportunity not to get drawn into the individual case of Brixton, which I am looking at personally, but to pay tribute in general to the work of the chaplaincy—that is the Christian chaplaincy, the Jewish chaplaincy and the five imams I met recently at Belmarsh Prison who are doing extraordinary work with the Muslim community.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

9. What assessment his Department has made of the effect of the UK leaving the EU on the operation of the legal system in each jurisdiction of the UK.

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

We are seeking a new deep and special partnership with the EU that works for the whole United Kingdom. Of course, Scotland and Northern Ireland have distinct legal systems. That is why, in the negotiations on civil judicial co-operation, market access for our legal services and criminal justice, I want a deal that works for Scotland and Northern Ireland as well as England and Wales. That is also why my Department is meeting regularly with the devolved Administrations to look at the ways in which our legal and justice systems are affected by EU exit.

[Gavin Newlands]

Unlike the European Union (Withdrawal) Bill, the Scottish Government’s legal continuity Bill gives the Scottish Parliament an enhanced role in scrutinising legal changes to devolved laws due to Brexit. What is the Secretary of State doing to urge his Cabinet colleagues to make similar provision for this Parliament for reserved matters in the EU withdrawal Bill?

[Mr Gauke]

In terms of what is described as the continuity Bill, I am not sure, in all honesty, how helpful or useful that will prove to be. The reality is that there is very close scrutiny in this House of the measures the Government are taking and the negotiations we are having.