The Damages Act 1996: The Discount Rate
Helen Grant Excerpts(11 years, 2 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Ministry of Justice, the Scottish Government and the Department of Justice, Northern Ireland have today jointly published a consultation paper “Damages Act 1996: The Discount Rate—Review of the Legal Framework” (CP 3/2013).
The paper seeks views on two issues: first, whether the legal parameters governing the way in which the discount rate prescribed under section 1 of the Damages Act 1996 is currently calculated should be changed; and, secondly, whether there is a case for encouraging the use of periodical payments in cases where the discount rate would otherwise apply.
The consultation period is 12 weeks from 12 February. Copies of the consultation paper have been placed in the Libraries of both Houses. The document is also available online at: https://consult.justice.gov.uk.
Oral Answers to Questions
Helen Grant Excerpts(11 years, 3 months ago)
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Ann Coffey (Stockport) (Lab)
5. What recent assessment he has made of the level of delay in criminal proceedings involving vulnerable witnesses.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
We want the criminal justice system to move faster, and deliver justice sooner for vulnerable witnesses and victims. We are looking at how to tackle delays across the criminal justice system to improve efficiency.
Ann Coffey
I thank the Minister for that reply. Victims of child sexual exploitation, already traumatised by their horrific experience, face gruelling cross-examination in court, often by multiple defence lawyers, in the process of justice. Does she agree that justice for those vulnerable witnesses is not served by lengthy adjournments—I am glad that she does—and that having specialist training in tackling child sexual exploitation would help judges better to balance the needs of victims and the accused in court proceedings?
Mrs Grant
I fully understand and sympathise greatly with what the hon. Lady has said, and I agree with her that concerns can affect a witness’s willingness to participate in the criminal justice system. That is why the Ministry of Justice is embarking on a strategy to improve efficiency and the effectiveness of the system. That work will look at the entire process, from offence to completion of the case. I have recently written to her about a case in her constituency. I hope she has received that letter and I am happy to meet her to provide further reassurance.
Rehman Chishti (Gillingham and Rainham) (Con)
Does the Minister agree that the Youth Justice and Criminal Evidence Act 1999 provides the right special measures to support vulnerable and intimidated witnesses so that they can give the best evidence possible?
Mrs Grant
My hon. Friend makes a good point. I would also add that the special procedure measures that are now available in the form of pre-trial familiarisation visits, support from the witness service, separate entrances, exits and waiting areas, and access to a live link can help to reduce the stress and anxiety of going to court. We are considering what more we can do to improve support, including using new technology to change how evidence is given.
Robert Flello (Stoke-on-Trent South) (Lab)
The Minister said in her recent interview with The Times that she believes that the new Victims Commissioner
“feels a wonderful opportunity…to see victims put at the heart of the justice system”.
Is that why the Victims Commissioner will do only 10 days a month and why, two months after the announcement, she still has not started? Is the Minister not guilty yet again of failing victims of crime?
Mrs Grant
The Victims Commissioner is a very able woman who is able to multitask, like many of us. We have had a number of meetings with her and she, like me, wants to put victims and vulnerable witnesses at the heart of the criminal justice system, where they belong. We are prioritising victims of serious crimes, victims who are persistently targeted and the most vulnerable victims so that they get the support and care they need.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
6. What estimate he has made of the cost to his Department of appeals related to the work capability assessment.
Duncan Hames (Chippenham) (LD)
10. What recent estimate he has made of the proportion of prisoners (a) entering and (b) leaving prison with an addiction to a class A drug.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
A survey of 1,435 prisoners sentenced to between one month and four years in 2005 and 2006 showed that 45% of prisoners reported having taken a class A drug in the four weeks before custody. No recent estimate has been made of the proportion of prisoners leaving prison with an addiction to a class A drug.
Duncan Hames
I thank the Minister for that reply, but may I gently suggest that it would be worth while to have more recent estimates and to address the situation of offenders as they leave prisons? Has she ruled out suspicions of collusion by any prison staff in explaining why access to drugs in prisons is so widespread?
Keith Vaz (Leicester East) (Lab)
We cannot break the devastating cycle of drugs unless we deal with the issue of drugs in prisons. Why does not the Government adopt the recommendations of the Home Affairs Committee, which are simple: mandatory testing of prisoners when they enter the prisons, and mandatory testing when they come out of prisons? That will give her all the figures she needs in order to deal with this serious problem.
Mr Nick Gibb (Bognor Regis and Littlehampton) (Con)
The Minister will be aware that at Ford prison in my constituency the independent monitoring board has reported that 85% of the prison population is involved in the use of spice, a synthetic cannabinoid. I am not convinced that current orthodoxies in the Prison Service to combat drugs in our prisons are working: is she?
Mrs Grant
Our plans to transform rehabilitation will radically change the way in which we manage offenders, and they will also provide much more effective support for offenders on release. Fewer prisoners are testing positive for drugs than at any time since 1996. However, there is still much more to do, and that will involve our working very closely with the Department of Health and others to provide the best possible recovery services.
Paul Flynn (Newport West) (Lab)
18. I am provoked by the very complacent answers that we have had. All the Government are offering is warm words on this. They say they have no recent evidence, but we all know from our own experience that not one single prison in the whole of Britain is free of illegal drugs. If the Government have no evidence of people going in as shoplifters and coming out as heroin addicts, the rest of society does have it. Should not the Government adopt a policy that is at least robust and realistic and look at the traffic between prison officers and prisoners on drugs?
Mike Weatherley (Hove) (Con)
11. What assessment he has made of the effectiveness of the legislation on squatting in residential premises introduced in 2012.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Ministry of Justice has published evaluations of the effectiveness of community orders and custodial sentences in reducing reoffending. Reoffending rates are still too high, and that is why we have set out plans to transform rehabilitation.
Andrew Stunell
While there has been a very welcome fall in crime and antisocial behaviour, many victims still feel alienated by the justice system and its impenetrable sentencing guidelines. Will the Minister speed up the move to restorative justice so that victims can feel much more engaged and the community will benefit from the justice system?
Tim Farron
Government pilots show that restorative justice programmes have caused a 14% reduction in offending. What steps are the Government taking to roll out schemes more widely throughout the country? Will the Minister give a specific pledge to protect funding for projects such as the Sycamore Tree foundation at Haverigg prison in Cumbria?
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Does the Minister agree, though, that we have far too many people in prison and that when they get to prison not enough is done to turn them into good citizens? Is there not plenty of evidence that effective treatment outside prison, in the community, works? Can we not improve those alternatives, because the probation service is crucial in helping to make them effective?
Mrs Grant
The hon. Gentleman makes a good and interesting point. Obviously, who goes to prison is a matter for the independent judiciary. Prison is absolutely the right place for some offenders, but I agree that for other offenders credible punitive community sentences can be a more appropriate disposal.
Andy McDonald (Middlesbrough) (Lab)
Has the Minister considered the effectiveness of short-term prison sentences for women, not only in reducing reoffending but the disruption and damage caused to dependent children by custodial sentences of a few weeks in prison?
Mrs Grant
Yes, I have considered that very carefully. Indeed, I have visited a number of facilities. I visited a wonderful facility in Gloucester a couple of weeks ago and will visit Alana House in Reading on Thursday to look at the exact issue that the hon. Gentleman has raised. Community sentences must, however, be credible as sentences and with the public. They cannot be fluffy options. They should have a punitive element and they should absolutely challenge the woman, or the man, to change her life. That is why the Crime and Courts Bill will require every community order to have a punitive element.
Gordon Henderson (Sittingbourne and Sheppey) (Con)
13. What plans he has for the provision of prison places.
Gareth Johnson (Dartford) (Con)
T3. An increasing number of international companies are looking to the UK for its legal services. That trade creates billions of pounds for our economy. Will the Minister tell the House what plans there are further to promote British legal services abroad?
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
As my hon. Friend knows, our legal firms and educational establishments are great assets to this country. The Ministry of Justice continues to work very closely with UK Trade & Investment and the profession to promote those wonderful services overseas. I am sure that my hon. Friend would take great joy in looking at the Unlocking Disputes campaign, which is a good example of recent fruitful activity.
Mr Iain Wright (Hartlepool) (Lab)
T4. The Teesside coroner takes almost twice as long as the national average to conclude inquests, causing further anguish to grieving families. This matter has been raised many times with the Ministry. Why on earth, given his failing and unprofessional service, is the coroner still in post? What steps will the Secretary of State take to remove him?
Inquests (Service Personnel)
Helen Grant Excerpts(11 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
My right hon. Friend the Minister for the Armed Forces and I now make the latest of our quarterly statements to the House in which we report progress with inquests into the deaths of service personnel who have died on active service overseas. As always, we wish to express the nation’s gratitude to all our service personnel who have served or are now serving in Iraq and Afghanistan. We are all deeply indebted to them for their steadfast courage and their total professionalism. We remember those who have given their lives for their country, and the families who have lost them. We particularly think of the families of the five service personnel who have fallen since our last statement in October 2012.
In this statement we provide details of inquests conducted by the Oxfordshire coroner, the Wiltshire and Swindon coroner and other coroners in England and Wales. This statement gives the position at 25 January 2013.
To supplement this statement we have placed tables in the Libraries of both Houses containing further information. The tables indicate the status of all current cases and provide information about cases where a board of inquiry or a service inquiry has been held or has been directed to be held.
Our Departments have worked together for several years to make our processes as effective and as timely as possible. As we informed the House in our last statement, the Chief Coroner for England and Wales took up post on 17 September 2012, and will have a number of specific powers and duties in relation to service personnel inquests. We have also commenced section 12 of the Coroners and Justice Act 2009, enabling deaths of service personnel killed abroad on active duty to be investigated in Scotland, where appropriate.
We will continue to support the coroners who are conducting inquests into the deaths of service personnel. Once more we offer our sincere thanks to coroners, their staff and everyone who supports bereaved families and helps them throughout the inquest process.
Since October 2007 both Departments have provided funding for additional resources for the coroners for Wiltshire and Swindon and for Oxfordshire. This is to prevent a backlog of inquests and to help the coroners conduct the inquests of fallen service personnel who have been repatriated to airbases in their districts. RAF Lyneham in Wiltshire was the airbase for repatriations from 1 April 2007 to 31 August 2011, while from 1 September 2011 repatriations have taken place at RAF Brize Norton in Oxfordshire.
Current status of inquests
Since the last statement there have been four inquests into the deaths of service personnel on operations in Iraq or Afghanistan. In total, 558 inquests have been held relating to service personnel who have fallen in Iraq and Afghanistan or have died in the UK from injuries they received in those operations. In three cases no formal inquest has been held. In one of these, the serviceman died in Scotland from his injuries. It was decided that a fatal accident inquiry would not be held. In the two other cases, the death was taken into consideration as part of the inquests into the deaths of other service personnel who died in the incidents.
Open inquests
Deaths in Iraq and Afghanistan
As at 25 January, there are 53 open inquests into the deaths of service personnel in Iraq and Afghanistan. A total of 16 of these inquests concern deaths in the last six months.
The Wiltshire and Swindon coroner has retained 10 of the open inquests and the Oxfordshire coroner has retained 23. Coroners closer to the next-of-kin are conducting the remaining 20 inquests. Seven hearing dates have been set at present.
Deaths of service personnel who returned home injured
There are six open inquests into the deaths of service personnel who returned home injured but sadly died of their injuries. These inquests will be listed when the continuing investigations are completed.
We will continue to inform the House of progress.
Transforming Bailiff Action
Helen Grant Excerpts(11 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Government are today publishing their response to the “Transforming bailiff action” consultation paper. This is the next step in delivering the Government’s commitment to provide more protection against aggressive bailiffs in England and Wales.
Bailiffs are necessary for both the economy and the justice system, carrying out a difficult role in challenging circumstances. While the majority operate in a responsible and proportionate manner, a significant few use unsafe, unsound and unfair methods of collection, casting a shadow over the reputations of respectable bailiffs. The Government remain clear that subjecting debtors— who are already in distressing situations—to such intimidating behaviour is completely unacceptable. At the same time we are also clear that legitimate creditors should be able to collect the money that is owed to them in a fair and responsible manner. The measures set out in the Government’s consultation response strike this balance between the rights of debtors and the rights of creditors.
We will sweep away the antiquated and confusing laws which can thwart effective and proportionate enforcement, introducing in their place new laws which are fit for today’s society. We will provide clarity over the powers of bailiffs and introduce a clear, fair, charging regime which will tackle the root causes of aggressive bailiff action.
Bailiffs will be banned from entering debtor’s homes late at night without first seeking permission from the court or when only children are present, and new safeguards will prevent them from using force against people who owe money. The enforcement process and procedure will be defined clearly in legislation setting out how bailiffs can enter a property, what goods can and cannot be seized for sale, and crucially, what costs a bailiff can charge. These changes will be set against effective and targeted regulation which will ensure that bailiffs are fit to carry out this work by introducing a mandatory training scheme, competence requirements and certification for all bailiffs.
These much-needed reforms will ensure that individuals, businesses and bailiffs will all benefit from our changes and we will work to implement these swiftly.
Copies of “Transforming bailiff action: How we will provide more protection against aggressive bailiffs and encourage more flexibility in bailiff collections. The Government Response” have been placed in the Libraries of both Houses, the Vote Office and the Printed Paper Office.
Freedom of Information
Helen Grant Excerpts(11 years, 3 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
It is a great pleasure to serve under your chairmanship, Mr Amess. I congratulate my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) on securing this debate, and I thank all hon. Members who have contributed. I am grateful to the Justice Committee for its thorough work on the post-legislative scrutiny and to all those who contributed to its inquiries. I re-endorse the sentiments that have been made this afternoon in relation to my right hon. Friend’s great aplomb and his ability to chair the Committee.
The Government remain committed to greater transparency—the Freedom of Information Act is a key part of that—and we have been successful in our key aims of increasing openness, transparency and accountability. I agree with hon. Members that it is perhaps less clear how much of our secondary objectives of increasing trust and public participation have been met and that, to some extent, those objectives may not have been realistic ambitions. I agree with the Justice Committee that the Act has been a
“significant enhancement to our democracy.”
It is not perfect, but it is generally working well. For that reason, the Government are not proposing a radical overhaul.
Before turning to the specific issues raised by post-legislative scrutiny, it is important to say that we need to put them in the context of the Government’s wider transparency agenda. Since we came to power, we have published almost 9,000 data sets, covering a wide range of subjects connected to health, education, transport, crime and justice. In June 2012, we published the open data White Paper, “Unleashing the Potential”, which sets out how the transparency agenda can help to provide greater access to and the re-use of raw data. We have set up the Open Data Institute to promote innovation, using the data that the Government publish, and pushed strongly for more transparency internationally, including through the international Open Government Partnership.
I assure my right hon. Friend that the Government’s transparency agenda is no substitute for, and will certainly not diminish, the important work that is being done in relation to the Freedom of Information Act. As we take the transparency agenda forward, we will push for greater openness and accountability, so that people know what is being done in their name and with their taxes.
Proactive publication needs to be complimented by an effective system that allows the public to seek information for themselves about how public authorities do their jobs. That is why the Freedom of Information Act is so important and why we are taking a number of steps, following scrutiny, to strengthen and extend it.
We are reducing from 30 to 20 years the lifespan of some of the exemptions to disclosure in the Act. That reflects and is simultaneous with the changes that we are making gradually to replace the 30-year rule under which public records are released by the National Archives with a 20-year rule. We have made secondary legislation to begin that transition over a 10-year period, and it came into effect on 1 January.
We are introducing enhanced rights to access and reuse data sets under the Protection of Freedoms Act 2012. A public consultation on a draft code of practice to help public authorities to meet those new obligations concluded on 10 January, and the provisions will be commenced shortly.
We are taking steps to extend the Freedom of Information Act to more organisations that perform public functions and to companies wholly owned by any number of public authorities. We have already extended it to all academies, the Association of Chief Police Officers, the Financial Ombudsman Service and the Universities and Colleges Admissions Service.
In our response to post-legislative scrutiny, we made it clear that we intended to conclude consultations with a wide range of other bodies, including more than 200 harbour authorities, awarding bodies, approved regulators under the Legal Services Act 2007 and 2,000 housing associations. Therefore, unless there is good reason for not doing so, we can extend the Act to any public function that they carry out. Our aim will be, where possible, to introduce secondary legislation over the next two years to implement the changes that we decide are warranted.
I am aware of some Members’ concerns about the position under the Act of contractors and other companies that provide public services. The challenge that outsourcing public services poses to transparency is real, and it is one that we have sought to address proportionately. We do not currently propose the formal extension of the Act to providers of outsourced public services. We prefer the Justice Committee’s recommendation that contractual transparency clauses be used and enforced to ensure that freedom of information obligations are met.
We strongly encourage public authorities and contractors alike to go further than the minimum requirements in the Act and voluntarily to provide more information. To that end, we will issue guidance that sets out the circumstances in which we want to see further information released. My hon. Friend the Member for Aldridge-Brownhills (Sir Richard Shepherd) and the shadow Minister raised powerful concerns about this issue, but I reassure them that if our proposals do not have the desired effect, formal extension of the Act can be considered and is always possible.
We have sought to balance the need for transparency with the need to minimise burdens on business and to encourage active participation by bodies large and small in the provision of public services. Some people might not consider that enough, but it is a light-touch, good approach requiring the co-operation of public authorities and contractors alike. As I said, however, if that approach yields insufficient dividends, we will consider what other steps we need to take to ensure accountability, and that includes formal extension. I hope that provides reassurance.
Let me now turn to the Act’s cost. Despite the many benefits that the Act has brought, we cannot ignore concerns about the burdens that it imposes on public authorities. That is especially important in the current challenging financial climate and at a time when more freedom of information requests than ever are being received. Central Government received 47,000 initial applications in 2011, at a cost of £8.5 million in staff time alone. Local authorities and other public bodies are also affected. We aim to focus our efforts on the disproportionate burdens placed on public authorities by what we call industrial users of the Act.
Mrs Grant
Whether or not I am over-stressing them, these matters will be considered in great detail through consultation, and there will be ample opportunity for others to have an input and become involved.
Our research indicates that a very small number of requests contribute to a relatively large proportion of the cost of freedom of information: 8% of requests to central Government cost more than £500 to answer and make up 32% of total staff costs. The Justice Committee recognised that issue in recommending a small reduction in the cost limit beyond which requests need not be complied with. We believe that would result in only the most minimal reduction in costs, so we will consider whether to go further.
My right hon. Friend the Member for Berwick-upon-Tweed raised consideration time, and the shadow Minister raised thinking time. We recognise, of course, the practical difficulties in including such tasks, but they are worth considering to find out what might be done.
The introduction of fees for tribunals has also been raised by Members today, and we will certainly consider what we can do to recover the costs associated with the running of tribunals, but we do not think anything that we do will impede access to justice. We will also consider other ways to reduce burdens fairly and proportionately, including addressing where one person or group of people use the Act to make unrelated requests to the same public authority so frequently that it becomes an inappropriate burden.
I assure Members that whatever measures we ultimately decide to take, we will have regard to the need to reduce burdens without an excessive impact on transparency. An example of that is our decision in the post-legislative scrutiny response not to introduce new fees for answering freedom of information requests. To do so would both deter the legitimate use of the Freedom of Information Act and prove expensive for public authorities to administer.
The third key area addressed by post-legislative scrutiny was the protection afforded to highly sensitive information. The Government welcome and share the Committee’s conclusion that it was Parliament’s clear intention that the Act should protect safe space for policy formulation and Cabinet discussion. That issue has rightly been raised by my right hon. Friend the Member for Berwick-upon-Tweed, and I note his and other hon. Members’ references to the allegation of a possible chilling effect.
We agree with the Committee that the current system of protection in the Freedom of Information Act, including exemptions for the disclosure of information and the availability of the veto, has generally worked well. We share the Committee’s view that new absolute exemptions are not necessary. Although we are committed to transparency, so that any freedom of information regime can operate effectively, it is right that we keep under review the protection given to genuinely sensitive information. Effective government depends on the protection of the principle of collective responsibility and the ability of both Ministers and officials to provide advice freely, frankly and with candour.
We have announced our intention to review and, as appropriate, revise the Government’s published policy on the use of the veto. The policy is designed to assist where use of the veto is considered in respect of information that relates to Cabinet collective responsibility. However, no limitation in the Freedom of Information Act prevents the veto being used for other information. Indeed, the Government have concluded that its use was justified in other contexts on more than one occasion last year. Accordingly, we propose to consider whether the veto policy can be adapted both in terms of the process for its use and to offer greater clarity and reassurance on its ability to be used in appropriate cases that do not involve Cabinet-related information.
Other changes that we will introduce to improve the operation of the Freedom of Information Act will require a combination of primary and secondary legislation.
Sir Richard Shepherd
The whole purpose of the construct of the Act was that the final referee should be the tribunal, and that is what I think the Minister is talking about. The tribunal is now being used in a way contrary to our original understanding, which was that it was to be similar to the Supreme Court or the highest courts of appeal and look at the Government’s case when they refused information. Yet they are refusing information contrary to the tribunal’s judgment, and that is what causes concern to many commentators. As was rightly pointed out, the veto was used in a controversial case last year.
Mrs Grant
I have listened carefully to the concerns expressed by my hon. Friend and to his points. The veto has only been used six times in eight years, so it is used sparingly and carefully. The veto is a proportionate measure, which is not being used except to protect sensitive information. We have said simply that we will review and revise it, but absolutely no decisions whatever have been made yet. We will publish any revision that we intend to make later this year.
We do not intend to introduce any new absolute exemptions, but we have listened to the concerns of the research sector and have agreed to introduce a new qualified exemption for pre-publication research information, to provide additional reassurance that such material is adequately protected from inappropriate premature disclosure. We have also listened to the Information Commissioner’s concerns about the time available to bring prosecutions under section 77 of the Act, where people destroy, alter or hide information to frustrate requests. We do not think that that is a widespread problem or practice, but it is unacceptable that anyone guilty of such an offence should be able to evade prosecution because the Information Commissioner has insufficient time to investigate the case.
My right hon. Friend the Member for Berwick-upon-Tweed referred to the Information Commissioner reporting to Parliament. At the moment, we do not feel that making the Information Commissioner a parliamentary body is appropriate, because its work does not relate primarily to that of Parliament. My right hon. Friend also expressed concerns that FOI requests and internal reviews perhaps take too long to answer. We will revise the code of practice issued under section 45 of the Act to provide guidance on the time that should be taken to answer requests when the normal 20-day deadline is extended to allow for consideration of the public interest test and internal reviews. We do not believe, however, that the problem is sufficient to justify primary legislation.
The shadow Minister mentioned Network Rail, which is a matter of interest to the Ministry of Justice, the Treasury and the Department for Transport. There is no plan to extend the Act to Network Rail, but the scope of the Act will be kept under review.
The Government published our response to the Committee on 30 November. There is a great deal of work to be done over the coming months to work through the detail of our proposals and to consult where necessary. As that work is in its early stages, it is too soon to provide the further details that the shadow Minister requested this afternoon of the exact changes that we want to make, such as cost-limit and veto policy. However, I reassure him and other right hon. and hon. Members that we do not intend to waste time in taking our plans forward; they will see evidence of that in the coming months.
Sir Alan Beith
One thing that does not need to be tied in heavily with all the other things that the Minister is considering is the provision on university research. How does she hope to take that forward?
Mrs Grant
I am happy to write to my right hon. Friend with the exact detail about how that will be taken forward; he will hear from me shortly.
To conclude, my right hon. Friend Lord McNally said in the other place on 17 January last year that the Freedom of Information Act is
“robust enough to survive rigorous post-legislative scrutiny.”—[Official Report, House of Lords, 17 January 2012; Vol. 734, c. 548.]
The Justice Committee’s measured report on its operation, together with our response, demonstrates the accuracy of his view. As I said at the outset, the Freedom of Information Act has been a success in the accountability that it has brought. It has generally worked well. I believe that it will be further improved and will continue to make a valuable contribution to transparency and accountability.
Transforming Services in the Office of the Public Guardian
Helen Grant Excerpts(11 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Government are today publishing their response to the consultation “Transforming the Services of the Office of the Public Guardian”, which ended on 19 October 2012. The consultation paper invited comments on a range of proposals to digitalise the services provided by the Office of the Public Guardian (OPG).
Over a hundred responses to the consultation were received, with many proposals receiving broad support. It is our intention to implement those proposals which were received positively, and which can be carried out within the current legislative framework, as soon as possible. By April 2013, therefore, we intend to: introduce an online tool for making a lasting power of attorney (LPA) to make the process simpler, clearer and faster and reduce errors in the LPAs that reach the OPG requiring correction; reduce the statutory waiting period for registering an LPA from six to four weeks in order to make the process quicker, while still retaining adequate safeguards; and introduce a regulation allowing court appointed deputies to change security bond provider without the need to make an application to court.
Other changes require further development or are dependent on the new OPG replacement IT system being in place. I will make a further statement when these changes are due to come into effect.
Today, I have deposited copies of the response to the consultation paper in the Libraries of both Houses. Copies are also available in the Vote Office and Printed Paper Office. Copies are available on the internet at: www.justice.gov.uk.
HM Courts and Tribunals Service Trust Statement (2011-12)
Helen Grant Excerpts(11 years, 3 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
Her Majesty’s Courts and Tribunals Service (HMCTS) has prepared a trust statement providing an account of the collection of revenues which are due to be paid to HM Treasury. The statement includes the value of fines and confiscation orders imposed by the judiciary; fixed penalties imposed by the police; the value of collections; the balances paid over to third parties including victims of crime, the Home Office and HM Treasury; and the balance of outstanding impositions.
We welcome the Comptroller and Auditor-General’s (C&AG) report on the trust statement which recognises the improvements HMCTS has made in its accounts. The statement shows in 2011-12 HMCTS collected more than £484 million from offenders. A record £22.3 million in compensation has been paid to victims of crime—funded by criminals’ cash and assets recovered through confiscation orders. During 2011-12 the total value of outstanding impositions decreased from £1.9 billion to £1.8 billion. We recognise that more must be done to tackle this outstanding debt.
Seventy-five per cent of the orders imposed in 2011-12 have already been paid in full. Of the balance outstanding, £1.2 billion is made up of confiscation orders. Around one third of this is money that cannot be collected— £141 million (12%) relates to individuals who are deceased, deported or who cannot be located, £40 million (3%) relates to orders which are being appealed and cannot be enforced while under appeal; and £154 million (13%) relates to orders where following the conclusion of financial forensic investigations the assets have been assessed as hidden. Also, £278 million is interest which has accrued on confiscation orders which are outside the agreed payment terms.
Cracking down on those who do not pay is an absolute priority. The agencies involved in enforcement, including the Ministry of Justice, the Home Office, the Serious Fraud Office and the Crown Prosecution Service take every step to tackle outstanding debt including targeted fine blitzes, taking deductions from offenders’ benefits or their earnings and by seizing and selling their property and goods. Those who do not pay can go to prison.
Criminals go to extraordinary lengths to hide the proceeds of their crimes by transferring funds abroad and disguising it with friends and family, but we are succeeding in recovering more money every year. The agencies responsible for enforcement are building better relationships with overseas authorities and engage specialist forensic teams to track down hidden assets.
Crucially, an outstanding order stops the criminal benefiting from the proceeds of crime and from using it for further criminal activity. If they ever surface, the assets will be seized.
HMCTS is actively seeking a commercial partner to help increase fine collection, reduce enforcement costs and importantly, ensure more criminals pay. Also, a new system is being implemented to improve the collection of fixed penalty notices, making payment easier and further improving the financial information.
The continuing improvement the agencies are making, combined with our future plans will ensure that more criminals pay and that taxpayers get better value for money.
Oral Answers to Questions
Helen Grant Excerpts(11 years, 4 months ago)
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Alex Cunningham (Stockton North) (Lab)
6. What discussions she has had with the Chancellor of the Exchequer on the effect of the autumn statement on women, black and minority ethnic groups and older people.
The Parliamentary Under-Secretary of State for Women and Equalities (Mrs Helen Grant)
Colleagues have had discussions with the Chancellor and others on the impact of tax and benefits changes. The Government are committed to fairness and look very closely and carefully at the effects of their decisions on different groups, including women, black and minority ethnic groups and older people.
Alex Cunningham
Evidence from the House of Commons Library contradicts what the Minister has said, because it shows that women are shouldering almost three quarters of the cumulative impact of the net direct tax, benefit, pay and pension changes pursued by the coalition Government. Does she believe this blind spot on women reflects the fact that there are so few women in the Government?
Mr Edward Leigh (Gainsborough) (Con)
8. What steps she is taking to improve cost-effectiveness and value for money in the Government Equalities Office.
Law Commission (Triennial Review)
Helen Grant Excerpts(11 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
In March 2011 the Government responded to the Public Administration Select Committee report “Smaller Government: Shrinking the Quango state” setting out the coalition’s plans for reforming the public bodies sector. It includes the requirement to undertake triennial reviews of Executive and advisory non-departmental public bodies (NDPBs).
The Law Commission is an independent statutory body with a mandate to keep the law under review and make recommendations for reform as appropriate. It was established as in 1965 by the Law Commissions Act 1965. Its remit covers the law of England and Wales; Scotland and Northern Ireland have their own similar, but separate, commissions.
To deliver the coalition Government’s commitment to transparency and accountability the Law Commission will be subject to a triennial review. The Ministry of Justice, as the sponsoring Department, has today launched a consultation, which will last until 6 February 2013, inviting views. In line with Cabinet Office guidance, the review will consider the following:
the continuing need for the Law Commission—both its functions and its form; and
where it is agreed that it should remain, to review the control and governance arrangements in place to ensure that the public body is complying with recognised principles of good corporate governance.
In conducting the triennial review, officials will be engaging with a broad range of stakeholders and users of the Law Commission. The review will be aligned with guidance published by the Cabinet Office: “Guidance on Reviews of Non Departmental Public Bodies”. The House will be notified of the conclusion of the review.
Female Genital Mutilation
Helen Grant Excerpts(11 years, 4 months ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
It is a pleasure, Mr Hollobone, to serve under your chairmanship. I earnestly congratulate the hon. Member for Kingston upon Hull East (Karl Turner) on securing this debate on victims of the abhorrent crime of female genital mutilation. I also congratulate the hon. Member for Bristol East (Kerry McCarthy), my hon. Friend the Member for South Derbyshire (Heather Wheeler), the hon. Member for Liverpool, Riverside (Mrs Ellman) and my hon. Friend the Member for Battersea (Jane Ellison) on their important interventions. I congratulate particularly my hon. Friend the Member for Battersea on her tireless work over many years, and as chair of the all-party group on female genital mutilation.
Female genital mutilation is an extremely painful and harmful practice that blights the lives of many young girls and women. The Government roundly condemn the practice and are determined to see it eradicated in this country and elsewhere. In my joint role as Minister with responsibility for victims and the courts and Minister for Women and Equalities, I am particularly pleased to have the opportunity of responding to this debate.
The practice of female genital mutilation is an age-old one that is deeply steeped in the culture and tradition of practising communities. Those who practise it no doubt genuinely believe that it is in their children’s best interests to conform to the prevailing custom of their community, but that does not excuse the gross violation of human rights. It is wholly unacceptable to allow a practice that can have such devastating consequences for the health of a young girl. The physical and psychological effects can last throughout her life. The mutilation and impairment of young girls and women have no place in a modern society where equality is prized.
My Department is responsible for the criminal law in this area. The Female Genital Mutilation Act 2003 extended significantly the protection that the law affords these vulnerable young victims. It created extraterritorial offences to deter people from taking girls abroad for mutilation. To reflect the serious harm caused, it increased the maximum penalty for female genital mutilation from five to 14 years. Sadly, like the Prohibition of Female Circumcision Act 1985 that it replaced, the 2003 Act has yet to result in a successful prosecution, which is a source of considerable frustration. That is not, as some have suggested, a reflection of the effectiveness of the law itself. The law is perfectly capable of dealing with perpetrators if offences are reported to the police, and evidential and public interest tests for prosecution are met. At the time of mutilation, however, victims may be too young, too vulnerable, or too afraid to report offences, and they may be reluctant to implicate family members. The simple fact is that no law can be effective in this area unless the barriers to prosecution are overcome.
Karl Turner
Before being elected to this place, I practised as a criminal lawyer, and I worked on behalf of defendants who were charged with serious sexual abuse of children. It is not often suggested that it is difficult to bring such cases to prosecution, and the same issues are involved. Will the Minister explain her point?
Mrs Grant
I am aware of the hon. Gentleman’s criminal law experience. The law is robust, extensive and adequate but, unfortunately, dealing with the issue often involves very young children who are frightened and reluctant to take action against family members. There is often pressure within their community not to give evidence and not to say anything.
Mrs Grant
I would disagree, but obviously, the adequacy of the law is something that we will always keep under review. I know that the Director of Public Prosecutions has had conversations with the Home Office and Ministry of Justice officials—I think the hon. Gentleman is aware of those—on the effectiveness of the law, and whether new laws or other legislation, such as the Domestic Violence, Crime and Victims (Amendment) Act 2012, might help in those areas. I can assure the hon. Gentleman that the matter will be kept under review, but I will discuss a number of other things in my speech that can be done in the interim.
Jane Ellison
The Minister may well be moving on to this point, but I just want to agree with what the hon. Member for Kingston upon Hull East (Karl Turner) said. If the police wanted to go after the people who were organising this, they could. I hope that the Minister will address in her remaining comments the fact that, ultimately, there is a lack of will. We all know that children are not going to report it. They are too young. They are not going to report their parents, but people are setting up the travel and the medical care when the children get back, and they are meeting them at the other end. Where there is a will, there is a way. This has been held back by some misguided notion that it would be racist to pursue the issue. It is racist not to. If these girls were white middle-class children, we would be protecting them a lot better than we are now.
Mrs Grant
I hear everything that my hon. Friend has to say, and I am aware that she knows a considerable amount about the matter. I do not accept that there is a lack of will, but I hear what she has to say, and I will make sure that as much action as possible is taken to deal with the issues that she highlighted.
I very much welcome the action plan that the Director of Public Prosecutions published recently, with a view to bringing a successful prosecution for female genital mutilation. The willingness of victims and others to come forward and give evidence in court is crucial. We need to create a climate in which victims, and those close to them, feel able to report offences to the police and to receive the help and support that they need to give evidence, so that perpetrators of this unacceptable, dreadful practice can be brought to justice.
Of course, the law is only one part of tackling the problem of female genital mutilation in this country, and prosecution after the fact does not relieve the victim from a lifetime of pain and discomfort. Ideally, we want to prevent the mutilation from happening in the first place. We need to educate people and change their attitudes— sometimes long-established attitudes. A holistic approach and a multi-agency response are vital.
Heather Wheeler
The Minister talks about a multi-disciplinary approach. I wonder whether she could open up discussions with the health authorities, because I understand that, under the NHS, restorative medical treatment is not granted automatically.
Mrs Grant
I note what my hon. Friend says. I shall come on to health and cross-Government, inter-agency multi-practice in a moment, but if I do not cover her specific point, I will be happy to write to her.
A joined-up approach within Government is also important. The Government’s approach to tackling female genital mutilation is set out in our “Call to End Violence Against Women and Girls” action plan. Our key focus is prevention, and cross-Government work, co-ordinated by the Home Office, has seen significant progress in raising awareness of female genital mutilation and supporting professionals to intervene. Central to that work are the multi-agency practice guidelines on female genital mutilation, which were published in February 2011. They highlight the risk factors that teachers, nurses, GPs, police officers and social workers should be looking out for in their work, and they set out what action they should take. Above all, they stress the need for a collaborative effort to protect girls at risk. A review of the use and effectiveness of the guidelines was launched by the Home Office in August 2012, and a report on the findings of that review will be published later this year. Additionally, over 40,000 information leaflets and posters about female genital mutilation have been distributed to schools, health services, charities and community groups around the country.
We also continue to support front-line organisations that work with communities to challenge their long-held beliefs about the practice. The Home Office launched a £50,000 fund in November 2012, from which organisations may bid for grants of £2,000 to £5,000. That follows from the success of the 2011 fund, which supported 10 organisations working to tackle FGM across England and Wales. Another recent initiative is the declaration against FGM launched by the Home Office in November. Based on the Dutch document known as the “health passport”, it sets out the law and penalties for female genital mutilation. It is supported by and carries the signatures of relevant Ministers, including my own and those of the Minister of State, Home Department, my hon. Friend the Member for Taunton Deane (Mr Browne) and the Under-Secretary of State for Health, my hon. Friend the hon. Member for Broxtowe (Anna Soubry), as well as that of the Director of Public Prosecutions.
The Department of Health continues to ensure that health professionals are able to respond appropriately to girls and women who may be at risk of genital mutilation and to those who have already been subjected to it. In May 2012, the then Health Minister, my hon. Friend the Member for Guildford (Anne Milton), wrote to the royal colleges and NHS agencies encouraging them to raise awareness of the problem among professionals, and the Department’s chief medical officer and the director of nursing, with the support of the royal colleges, wrote to health professionals drawing their attention to the multi-agency practice guidelines. It is clear from the responses received that all are committed to playing their part in eradicating this dreadful practice.
Work is continuing across Government to look at all possible ways of tackling this complex issue. To that end, in two days’ time, the Minister with responsibility for crime prevention, my honourable Friend the Member for Taunton Deane, will be co-hosting, with the National Society for the Prevention of Cruelty to Children, a round-table meeting with key professionals. The meeting’s purpose is to explore how those working with children can work together to detect potential victims of FGM and deter those from considering carrying out the act. The public health Minister, my hon. Friend the Member for Broxtowe, and the Minister with responsibility for children, my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), will also be attending.
Ultimately, the eradication of female genital mutilation in this country will require the practising communities themselves to abandon this awful practice. It is a sad fact that older women, who are themselves victims of genital mutilation, are often the strongest advocates for the continuance of the practice. Such attitudes are deeply ingrained.
The hon. Member for Kingston upon Hull East asked what the victims commissioner’s role might be in relation to the issue. The victims commissioner has a statutory duty to promote the interests of victims of crime, including victims of female genital mutilation. I hope that she will be taking up her position later this month, and I look forward to working closely with her on those matters. He also asked about my role as victims Minister, with particular reference to female genital mutilation, and I can tell him that I will be working closely with the Home Office in a cross-Government capacity on an issue that, as I think he knows, is also very close to my heart.
In a wider context, I am responsible for looking after victims and doing everything that I can to care for, support and help them, including, of course, victims of female genital mutilation. I will be working with the police and crime commissioners to make sure that they do everything that they possibly can to eradicate the practice, and working with the police in their new capacities. We will be reforming the victims code, which will hopefully make it easier for victims—including victims of female genital mutilation—to navigate their way through the criminal justice system, which can often be very confusing and intimidating, as I am sure the hon. Gentleman is aware, having worked in it for many years.
In conclusion, the Government remain committed to protecting young girls and women from the abuse, and to ensuring that those living with its consequences get the care and support that they need and deserve. I thank all hon. Members who have contributed to the debate, and I hope that it will serve to keep this important issue firmly on the agenda.