Trusts (Capital and Income) Bill [Lords]
Helen Grant Excerpts(11 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
I beg to move, That the Bill be now read the Third time.
This is a short technical Bill that implements, with minor modifications, the recommendations of the Law Commission. The Government are grateful to the Law Commission, the Charity Commission and the leading experts and stakeholders who have worked with them and the Ministry of Justice to prepare the reforms. The provisions of the Bill are to be brought into force on a date or dates to be specified by order made by the Secretary of State and I will make a statement on the timing of commencement following Royal Assent.
The Bill will simplify and modernise the law and I commend it to the House.
Administrative Justice and Tribunals
Helen Grant Excerpts(11 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
I am today publishing a strategic work programme for administrative justice and tribunals.
This document sets out the Government’s ambitions for administrative justice and tribunals under six headings:
1. Governance of the administrative justice and tribunals system;
2. Non-HMCTS tribunals and new appeal rights;
3. Funding of tribunals administered by HMCTS;
4. Improving initial decision making;
5. Enhancing proportionality; and
6. Maintaining a user focus.
The Government recognise that administrative justice plays a vital role in holding the Executive to account and upholding the rights and entitlements of people subject to the decisions of public bodies. It deals with issues that affect the lives of more people than any other part of the justice system, providing a means of redress across a range of issues as diverse as immigration, social security, mental health and taxation. It is delivered by many different bodies, including tribunals, ombudsmen and regulators.
The last decade has seen a period of major structural reform in the tribunal system which, with the creation of the Property Chamber, will be largely completed in 2013. The unified tribunal system that has emerged, administered by Her Majesty’s Courts and Tribunals Service (HMCTS), ensures that the members and administration of tribunals remain independent from the Departments and authorities that make the original decisions. It now provides rulings on hundreds of thousands of appeals on administrative matters every year. In addition to this, some tribunals also hear non-administrative claims such as disputes between employers and employees, which are heard by the employment tribunal.
With this period of structural reform almost at an end, the Government intend to shift their focus towards making practical improvements to administrative justice and tribunals processes. The programme of work planned under the headings above will allow us to make the system work better for users and be more cost effective for taxpayers.
This work programme will be taken forward by the Ministry of Justice in partnership with other central Government Departments, public authorities and other bodies.
Copies of the strategic work programme will be placed in the Libraries of both Houses and on the Department’s website at: www.justice.gov.uk.
Oral Answers to Questions
Helen Grant Excerpts(11 years, 4 months ago)
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Steve Rotheram (Liverpool, Walton) (Lab)
12. What recent assessment he has made of security arrangements in courtrooms.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The security of our courtrooms and courts is a serious matter. Regular assessments take place at least once a year and they are monitored at cluster, regional and national level to aid in the continual review of security.
Steve Rotheram
A suspect who had been released on bail entered Liverpool Crown court with a knife he had smuggled through security checks and threatened to kill himself in the dock. Tragedy was averted on that occasion, but will the Minister outline what steps she is taking to instruct security staff to be extra vigilant during their searches of suspects on bail?
Mrs Grant
We are aware of that serious incident and I assure the hon. Gentleman that a full review of security has taken place at Liverpool Crown court. An action plan for improvement has been put together and good progress is being made. Training in search procedures for all G4S staff was provided last summer and its effectiveness is being monitored. Security arrangements are now operating to a required standard, but remain under careful review.
Robert Flello (Stoke-on-Trent South) (Lab)
Security in courtrooms is one of the issues of great concern to victims and witnesses. The announcement of the new part-time victims commissioner is imminent—they will do just 10 hours a month—but does the Minister think that the new part-time commissioner will have time to consider security in courtrooms as part of this Government’s approach to partly putting victims at part of the heart of the justice system?
Mrs Grant
Victims will certainly be part of the heart of the justice system. An announcement will be made imminently to confirm the name of the new victims commissioner and I look forward to working with her very closely indeed. [Hon. Members: “Her?”] A lot of work is being done to improve security and safety in courts in addition to what I and the victims commissioner will do. Work has been done to improve security, including improvements to buildings, improved ways of working and improved education and training. The provision for the presence of a court security officer and enhanced risk management have also been helpful additions. We will continue to make sure that security is a priority.
Mr Speaker
I look forward to hearing further details in due course, if we have not already heard all of them.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Government are committed to reducing offending and reoffending by women. We have a cross-government programme of work that seeks to address issues associated with offending, such as drugs, alcohol, mental health needs, domestic and sexual violence, accommodation and education.
Mr Wilson
I thank the Minister for her answer. Alana House in my constituency is a community centre supporting women experiencing problems whose behaviour has shown them to be at risk of offending. It has been particularly successful in providing the courts with a useful alternative to custodial sentences and helps vulnerable women to tackle their problems. The centre is in danger of closing. Will the Minister agree to visit Alana House to see the valuable work that the centre does, and to work with me to help ensure that this valuable community resource remains open?
Mrs Grant
I know that my hon. Friend cares deeply about Alana House and its future in his Reading constituency. He has already discussed the matter with me on a number of occasions. The National Offender Management Service has funded women’s community facilities successfully for a number of years and Alana House has been provided with funding of £111,000 for 2012-13. From 2013-14, probation trusts will commission these very important services for women. They are required to provide gender-specific services and if those services are not sufficiently robust they will be challenged. It is too early to say what that will mean for Alana House, but I can tell my hon. Friend that I would be happy to visit the facility.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
The Corston report highlighted the need for women’s centres to work with women offenders and those at risk of offending. What is the Government’s current policy on continuing to provide support to such services?
Mrs Grant
As I said, that funding will continue. The National Offender Management Service has funded women’s services very successfully for many years. The funding for women’s services will continue at the same level, but from 2013-14 probation trusts will commission these vital services.
Mr David Hanson (Delyn) (Lab)
Does the Minister agree that one of the best ways to ensure that women do not enter the criminal justice system is to use restorative justice more imaginatively for out-of-court disposals? Will she give a commitment to examine that in detail, particularly for women offenders?
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
14. What progress he is making on providing work for prisoners.
Paul Goggins (Wythenshawe and Sale East) (Lab)
16. What plans he has to extend the use of restorative justice.
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
The Government published their restorative justice action plan for the criminal justice system on 19 November. It will improve the victim’s awareness of and access to restorative justice. We have also introduced legislation to put restorative justice on a statutory footing.
Paul Goggins
I am grateful to the Minister for that answer. I welcome the Government’s action plan, to which she referred, including the clear commitment to the needs of victims. However, if she and her colleagues are to embed restorative justice at the heart of the criminal justice system, she will need to find additional resources. Will she make a commitment now to allocate to restorative justice some of the extra money that has been raised from offenders through the extended victims surcharge?
Stephen Gilbert (St Austell and Newquay) (LD)
17. What steps he is taking to improve community sentences.
Lorely Burt (Solihull) (LD)
T2. Last week, the Public Accounts Committee published its report on the Ministry of Justice’s language services contract. It concluded, among other things, that Applied Language Solutions does not have enough interpreters available to meet demand, and that the interpreters who are provided do not all have the necessary qualifications. Does the Secretary of State intend to implement the Committee’s recommendations to address those pressing issues?
The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
Interpreting services in court are at a 95% success rate, and the National Audit Office has said that we should go on and implement the proposals fully. The contract is saving us £15 million a year of taxpayers’ money, and as long as we continue to work with interpreters—we have already had an important meeting with them—the new system will be more sustainable, effective and transparent than the old one.
Sadiq Khan (Tooting) (Lab)
The British Human Rights Act provides protection against cruel and inhumane treatment, including the right to a fair trial, the right to life, the right to family life and freedom of expression. It makes explicit the fact that Parliament is sovereign, and that even the Supreme Court cannot trump Parliament. Bearing that in mind, will the Justice Secretary make it clear that it is the British Human Rights Act that he so opposes, or is it the British courts that interpret the law? Which of the rights in the British Human Rights Act would not be included in his Bill of Rights?
Stephen Mosley (City of Chester) (Con)
T7. The Under-Secretary of State for Justice, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) mentioned the victims commissioner. Will she update the House on what progress has been made towards the appointment of a victims commissioner, and when that appointment is likely to take place?
Mesothelioma Claims (Reform)
Helen Grant Excerpts(11 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
Today I am announcing the Government’s intention to consult publicly on proposals to reform the way that mesothelioma cases are dealt with, including; introducing fixed legal fees for mesothelioma claims, a dedicated pre-action protocol for those claims and an electronic portal on which the claims will be registered. The consultation will be issued in spring 2013. The aim is to ensure that these claims are processed and settled as quickly as possible given the nature of this disease.
As part of that consultation, we will carry out the review required under section 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on the effect of the changes to the recoverability of conditional fee agreement success fees and after the event insurance premiums. We intend to publish the outcome of that review next autumn.
Mesothelioma is an aggressive and terminal occupational disease with an average life expectancy of less than two years from diagnosis. A claim for compensation can take up to two years to settle which means that sufferers often die before their claims are paid out.
The Government consider that it is imperative that these claims are settled quickly and that early payment of compensation is made so as to ease the sufferings of victims of this dreadful disease and give some assurance that their dependants will be financially secure when they are no longer around. However, this cannot be achieved without a speedy pre-litigation process which is why the Government have decided to consult on how best to reduce delays in these cases.
Third Parties (Rights against Insurers) Act 2012
Helen Grant Excerpts(11 years, 4 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
In a written ministerial statement—12 July 2012, Official Report, column 145WS about the Third Parties (Rights against Insurers) Act 2010 the then Parliamentary Under-Secretary of State, my hon. Friend the Member for Huntingdon (Mr Djanogly) undertook to make a further statement in the autumn.
The Ministry of Justice is continuing to prepare the way for the commencement of the 2010 Act at the earliest practicable date.
We are very grateful to the Association of British Insurers, the Association of Personal Injury Lawyers and the Law Commission for their assistance in connection with the preparation of the Act for commencement.
I will make a further statement before the end of the current session of Parliament.
Church of England (Women Bishops)
Helen Grant Excerpts(11 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
This has been an important and poignant debate, with powerful contributions and speeches from every single Member across the House who has been able to speak today. I sincerely congratulate the right hon. Member for Exeter (Mr Bradshaw) on securing this debate and bringing it to us this afternoon and this evening.
It is clear from what has been said today and from views expressed over the last few weeks that the decision of the General Synod not to allow the appointment of women bishops has generated very strong feelings indeed, among those who wish to see women appointed as bishops in the future and those who want to retain the status quo. As our Prime Minister has made very clear indeed, the Government strongly believe that the time is right to enable the appointment of women bishops. Women already do a tremendous job within the Church of England, including in their role as members of the clergy, so it is very disappointing that a vote taken to address this issue has failed, despite a clear majority of Synod members voting in favour of the proposal.
The role of discrimination law in this matter has been raised. Let me make it very clear that there is nothing in discrimination law that would prevent the appointment of women bishops, should the Synod vote to do so. It is right and proper that the Church of England, just like any other religious organisation, is not exempt from having to comply with our equality law, namely the Equality Act 2010.
However, it is also right and proper that certain exceptions exist within the 2010 Act to recognise the specific nature of religious organisations and the unique role they have to play within our society. One such exception exempts religious organisations from certain parts of the Act’s employment provisions, where
“the employment is for the purposes of an organised religion”.
This exception is used by a number of religious bodies, allowing Roman Catholics and orthodox Jews, for example, to appoint only men as priests or rabbis. Amending the 2010 Act to remove this exception with the intention of forcing the appointment of women bishops would potentially have effects going far beyond the Church of England alone.
Diana Johnson
I am listening to what the Minister says. In the light of what was said yesterday about the special legislation being brought forward for the Church of England with regard to gay marriage, how does what the Minister has just said fit in with yesterday’s statement?
Mrs Grant
The two issues are completely different and unconnected, and should not be conflated.
Amending that exception would risk seriously affecting the work of various other religious bodies in some extremely sensitive areas. In any case, our law enables women bishops to be appointed; that is not a stumbling block here.
Some Members have pointed out today that changing discrimination law is not the only option. The doctrine of parliamentary sovereignty means that, in theory, it would be open to Parliament to legislate on Church of England matters without the involvement of the General Synod, for instance by amending canon law to require the appointment of women bishops. However, Parliament and Church work well together on so many matters. We would not want to disturb that balance by making impulsive changes, given the special relationship that exists between the state and the Church of England as the established Church of our nation.
The Government have made their views very clear on the matter of women bishops: we would warmly welcome their appointment. However, we respect the independence of religious organisations, and it is right that decisions of this sort about internal structure are ultimately matters for the Church of England itself to decide.
I particularly thank the Second Church Estates Commissioner, my hon. Friend the Member for Banbury (Sir Tony Baldry), for his earnest remarks about the position in which the Church finds itself today. I am heartened by his acknowledgement of the difficulties and emotions that the General Synod’s vote has generated and his determination to ensure that the Church resolves the issue as soon as possible, and I look forward to hearing from him again in a moment.
Civil Litigation Funding and Costs
Helen Grant Excerpts(11 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
In the context of his “An Inquiry into the Culture, Practices and Ethics of the Press”, Lord Justice Leveson recommended that costs protection should be extended to defamation and privacy claims. This would mean that individuals of modest means should not be in the position of bringing or defending actions without some form of protection against having to pay the other side’s costs if the case is lost. The Government have accepted this recommendation and I am therefore today announcing that provisions relating to sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, which would remove the recoverability of success fees and insurance premiums, will not come into force for defamation and privacy claims until costs protection has been introduced for these proceedings.
The Government have already asked the Civil Justice Council (CJC) for advice by the end of March 2013 on this issue. Given that the reforms in part 2 of the LASPO Act generally come into effect on 1 April 2013, this short delay in implementation will mean the protection which currently exists through recoverable insurance premiums will continue until a new regime of costs protection can be implemented through changes to the civil procedure rules.
Whiplash Claims
Helen Grant Excerpts(11 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
I am today announcing the publication of the Government’s consultation “Reducing the Number and Costs of Whiplash Claims”.
Between 2006-07 and 2011-12 claims for personal injury caused by road traffic accidents increased by around 60%. Over the same period the number of reported road traffic accidents fell by around 20%.
The Government share the widespread concerns about such a disproportionate growth in whiplash claims and its cost to motor insurance policy holders, and is already taking forward work to tackle the issue.
The consultation considers two particular areas. The first is whether independent medical panels should be created and, if so, what model should be adopted.
The second is whether in respect of road traffic accident personal injury claims, the current small claims threshold for pain, suffering and loss of amenity should be increased from £1,000 to £5,000, either for all personal injuries or for whiplash injuries only.
The Government accept that the growth in claims for whiplash injuries is complex, and the consultation considers what more can and should be done by all with an interest in the personal injury sector.
Copies of this Government consultation are available in the Vote Office and the Printed Paper Office. The document is also available online at:
http://www.justice.gov.uk.
Prisons (Property) Bill
Helen Grant Excerpts(11 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
Amendment 2 proposes an addition to proposed new section 42A(1) of the Prison Act 1952, as inserted by clause 1 of the Bill, which would extend the power of a governor or director to places outside a prison or prison escort vehicle, such as a hospital, court cells or a police station where a prisoner might be detained in custody. In some circumstances, the prisoner, although they are in custody, will not be in the custody of the governor. It would therefore not be appropriate to extend the powers in such a way. I think that deals with the question raised by my hon. Friend the Member for Worthing West (Sir Peter Bottomley) about extending the power beyond the prisoner escort vehicle.
It is already possible to remove any unauthorised items found on a prisoner while they are in custody outside the prison. Such items would be returned to the prison with the prisoner and dealt with as the prisoner re-entered the prison. The prison governor or directors could authorise the prisoner to keep the item with him or her in prison or disposal could be required. If appropriate, the governor could confiscate it and use the general power of destruction already provided in the Bill. I hope that my hon. Friend the Member for Shipley (Philip Davies) will therefore withdraw his amendment.
Amendment 3 is not necessary. Prison officers will have the power to act in the way envisaged by the amendment through the delegated authority of the prison governor. It is therefore not necessary specifically to include them in that power. In addition, “prison officer” is the term used to describe officers in a public sector prison and would not cover prison custody officers, who carry out the same function in private sector prisons. I therefore hope that my hon. Friend will not press that amendment.
The purpose of amendment 4 would appear to be to create a catch-all power to cover all property used for any unauthorised or unlawful purpose. Although I can understand my hon. Friend’s reasons for tabling the amendment, I do not believe that it is necessary. Any unauthorised item could be confiscated and destroyed under the power created in subsection (1)(a) or (b) of proposed new section 42A. Furthermore, an item used for unlawful or unauthorised purposes that would clearly prejudice the security or operation of the prison or cause harm to prisoners or others would be dealt with by proposed new subsection 3(c) or (b). I therefore hope that my hon. Friend will agree with me that the amendment is not necessary.
On amendment 5, I applaud my hon. Friend’s desire to see that confiscated property is put to good use and to ensure that charities might benefit wherever possible. The Bill already enables that. Proposed new section 42A enables a governor or director to
“destroy or otherwise dispose of”
confiscated property. My hon. Friend’s amendment is not necessary, because the phrase “otherwise dispose of” would allow the item to be recycled or donated to charity. I can assure him that the guidance given to governors and directors in the relevant Prison Service instruction will make it clear that those options are available.
The sale of property, mentioned by my hon. Friend the Member for Worthing West, would involve a financial gain for the Prison Service and has therefore been specified in the Bill. Other methods of disposal, such as recycling, do not need express provision as they are covered, as I have explained, by the expression “otherwise dispose of”.
Amendments 6,7 and 8 are the most significant and have the potential to undermine the progress of the Bill. The Bill as drafted contains a limited retrospective power and although retrospective legislation is generally not a good idea, that limited power has a specific purpose with which I am sure the House will agree. It is intended to enable the Prison Service to deal with the large number of mobile telephones held in storage. The House will be aware from previous debates on the Bill that more than 40,000 telephones are held at a cost of £20,000 a year and it is appropriate that we should take a power to deal with them. It is, after all, a criminal offence both to possess a mobile telephone in prison and to bring one into a prison. Governors and directors have options for other property that is not illegal per se. They can authorise the item, place it in central storage, require a prisoner to send it out of the prison or otherwise dispose of it. There is therefore no need for a general retrospective power to deal with such property and I hope that my hon. Friend will not press those amendments.
Amendment 9 is intended to address the ability of the Prison Service to destroy or dispose of mobile phones found in prisons. It is unlawful to possess or use a mobile phone in prison. The amendment would therefore prevent the Prison Service from disposing of them, as it is likely that every unauthorised mobile phone found in prison would contain or constitute evidence of a criminal offence. My hon. Friend asked about the checking of mobile phones and I understand that they are interrogated for evidence of criminality on confiscation. I hope that in the circumstances he will therefore agree not to press the amendment.
Mr Nuttall
The Minister has told the House that the mobile phones are interrogated. Will she briefly expand on what happens to any information that is found after they have been interrogated?
Mrs Grant
I congratulate my hon. Friend the Member for Pudsey (Stuart Andrew) on his success in the private Member’s Bill ballot in the summer and on introducing this worthwhile measure. In promoting the Bill, he has given the House the opportunity to debate the security and good order of our prisons, which is important. The Bill was fully debated on Second Reading, and Members made some helpful contributions. It also passed successfully through Committee. Clearly, there is considerable support for it in the House.
My hon. Friend explained that his Bill will enable prison governors and directors to confiscate, destroy, dispose of or sell property that prisoners should not have in their possession, including items that it would be illegal to possess in the community, such as illicit drugs; items that can threaten prison security and good order, such as mobile phones; authorised items that have been adapted to conceal illicit items; and items that have been smuggled into the prison or coerced from another prisoner. In principle, the Government believe that the objective being pursued is justified and we welcome the Bill.
Although the Bill has been debated previously, it might be helpful if I again explain the process by which prisoners’ property is managed. Prisoners’ property needs to be managed efficiently, effectively and with care. Maintaining the security and good order of the prison is paramount. Therefore, within the constraints of the prison environment, prisoners can have sufficient property in their possession as is considered necessary for their day-to-day life, and which will help them to achieve the aims of their sentence. Prisoners must also comply with the rules on what property they can have in their possession.
On Second Reading, my hon. Friend said he found his visit to Leeds prison extremely interesting. Leeds is a busy local prison. Prisoners have lots of property that they want to keep with them, including property that they brought with them at reception from court and items they have received during their period in custody. Prisoners arriving at Leeds prison—this is the case for prisoners arriving at all other prison establishments—are provided with detailed information on the items of property they can retain in their possession. That information is also displayed throughout the prison, including in residential units and the library. Prisoners should therefore be in no doubt about what they can and cannot possess while in prison. All property accompanying prisoners on entering any prison, whether they are new to custody or being transferred from another prison or other criminal justice agency, will be searched and recorded on a property record card, which is an inventory of a prisoner’s property. Depending on the item of property, prisoners will be able to keep it with them in their cell, or it will be confiscated or stored and given to them on their release.
Stored property will be kept in local storage or at the prison, or it will be sent to the Prison Service’s central storage facility. The prisoner’s property card will record where the property is held, and will be updated during the course of their imprisonment to reflect changes in its location. The property will be returned to them on their release from custody. As the House will by now appreciate, some prisoners’ property will be stored for many years. Alternatively, prisoners may send their property to a relative or a friend instead of keeping it in storage. At present, property that is left behind by a prisoner after release can be disposed of only after a year has elapsed.
Property that a prisoner can keep in their cell is known as in-possession property—property they have been authorised to have in their cell by the governor or director. What they can keep in their cell will depend on many variables, such as whether the prisoner is on remand or has been convicted and sentenced, what level of privileges they have, and, sometimes, the nature of their offence. Most prisoners will be allowed to have in their possession such items as photographs of relatives, basic toiletries and some books.
That said, the amount and type of property a prisoner can have in their possession is restricted. This is important as it aids effective searching and assists governors and directors in applying a prison’s privilege regime. Prisoners should be clear about the type of property they are allowed to retain in their possession, as lists of types of items that can be held in their cells are normally displayed in a prison’s reception areas and on wings. Prisoners are not allowed to transfer in-possession property to the ownership of other prisoners unless the governor or director is satisfied that such transfers are voluntary and for acceptable reasons. Property must not be transferred as a result of bullying or in exchange for illicit items, and transfers must not undermine good order or discipline, or, indeed, the system of granting privileges to prisoners for good behaviour. For example, prisoners who have earned the privilege of having a radio in their cell should not be allowed to transfer the radio to a prisoner who has not earned that right. If a transfer of property is authorised by the governor, it must be recorded on the appropriate property card of the prisoners concerned.
Unauthorised property is property that a prisoner has in their possession that is not recorded on their property card. It will include: items that are unlawful to possess in the community generally, such as controlled drugs and offensive weapons; items that are illegal to possess inside a prison, such as mobile phones; items that may threaten good order and discipline, such as alcohol; items that may threaten the security of the prison, such as property that has been adapted to hide illicit items; and items that may have been smuggled in to the prison by visitors, or even by throwing them over a wall.
As I have explained, prisoners may also have obtained property from another prisoner by bullying or coercion. However, there will also be situations where prisoners have transferred what I might refer to as innocuous property between themselves, but for which they have not sought prior approval of the governor or director. Such property is unauthorised, and so will not have been included on the prisoner’s property card. The current arrangement for dealing with unauthorised property is that, when discovered, the item will be confiscated unless it is noxious, in which case it will be destroyed, or unless it is, for example, an offensive weapon or controlled drug, which will be passed to the police.
Other items may be confiscated only temporarily. The consequence of this limitation is that the property has to be stored either locally or at the Prison Service’s central facility until the prisoner is released from custody. If the prisoner asks for the item to be returned to them on release, the prison must do so. This cannot be right. The historical context to the existing position is that in 2009 the administrative court decided that there was no lawful basis for prisons permanently to confiscate and destroy unauthorised property. The case before the court related to a mobile telephone. As a result, prisons are currently storing unauthorised property, as I outlined earlier. That is perverse, particularly in relation to mobile phones seized from prisoners or found within a prison and which are not items that can be lawfully possessed in prison.
I will give hon. Members an example of the lengths to which prisoners will go to smuggle in illicit items, including mobile phones, and often conceal them in authorised items of property. In January 2012, the National Offender Management Service north-west team reported a seizure by team members of three weapons at HMP Wymott. During the course of a search of prisoner accommodation, staff found three adapted slashing weapons, wrapped together in a strip of bed sheeting, wedged behind copper piping in a wing toilet. The weapons had been adapted from authorised items, namely disposable razors and toothbrush handles, a strip of bed sheeting and disposable razor blades. I hope that gives a sense of the task that prison staff face daily.
The intention behind the Bill is to provide a lawful basis for the disposal of all unauthorised property found in prisons. For the power to be effective, it needs to be retrospective in respect of certain categories of property seized prior to the Bill becoming law. The Bill is a common-sense measure. It strikes a fair balance between prisoners’ property interests and the public interest, in removing from prison and destroying property that might prejudice good order and discipline or prison security. I am sure that many ordinary people will be startled to learn that, as the law stands, jails can find items that should not be on the premises but have no power to destroy them. The Bill is an important step forward and rectifies an unacceptable anomaly. It should help build trust in the system and allow governors to run safe and secure regimes, with rules that are meaningful and enforceable. I applaud my hon. Friend the Member for Pudsey for taking up this issue, and I commend the Bill to the House and support its continuing good passage through the other place.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Presumption of Death Bill
Helen Grant Excerpts(11 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
As hon. Members know, the Government support the Bill. We believe that it will simplify and streamline the procedures that people encounter when dealing with the property and affairs of a loved one who has disappeared and is thought to be dead. I congratulate my hon. Friend the Member for Salisbury (John Glen) on his success in piloting the Bill through the House to its Third Reading. I hope that the House will join me in supporting the Bill’s Third Reading and wishing it a speedy and successful passage through the other place.
Question put and agreed to.
Bill accordingly read the Third time and passed.