Recall of Women to Prisons

Jim Shannon Excerpts
Wednesday 20th February 2019

(5 years, 2 months ago)

Westminster Hall
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Imran Hussain Portrait Imran Hussain (Bradford East) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Hollobone, and to follow so many strong and passionate contributions. I thank my hon. Friend the Member for Swansea East (Carolyn Harris) for securing this important debate. She is a passionate advocate of supporting women in prisons and vulnerable women more generally.

The “Broken Trust” report found that the number of women recalled to prison has more than doubled since the end of 2014. Equally shocking is the fact that 40% of recalls were due not to breaking conditions or reoffending, but to losing contact with the offender manager—a point made by several Members today. It is not right. It is heavy-handed, disproportionate and in no one’s interests but those of the probation providers.

The conditions for recall were set out by the National Offender Management Service, now Her Majesty’s Prison and Probation Service, which put forward a test by which recall decisions must be judged. The test operates on a scale, with “threat to the public” at the top, but the test is clearly not being adhered to. Recalls should be for public safety alone, either to protect members of the public or to prevent imminent offending. Instead, it has become a box-ticking exercise for private probation companies more interested in profits and contracts.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I wanted to attend this debate, Mr Hollobone, but I had to be in the Chamber for a statutory instrument and could not be in two places at one time—although, I do try to do that sometimes. Does the hon. Gentleman not agree that the Prison Service must answer the question as to why the use of recall of women continues to increase when they are far less likely to commit serious offences? Why is the trend not slowing down as it did for men? That poses a question for the Minister, who must consider how the resettling process is carried out. Can it be improved and regulated better? Clearly it can.

Imran Hussain Portrait Imran Hussain
- Hansard - - - Excerpts

I thank the hon. Gentleman for that intervention. That point has been made by various Members today and the questions have been posed. I will continue to explore further some of the concerns he raises.

Because of the bureaucratic approach, probation companies are not respected or trusted by the women they should work with. Instead of seeing the complex needs that women face, probation companies look past them and see them as risks, so that homelessness, joblessness, poverty and childcare are not needs to be met, but risks. It is outrageous, particularly when years of austerity have resulted in closed independent support networks and therapy groups in the community and left probation as the only means of assistance. The probation companies see the women not as vulnerable but as potential reoffenders, whereas others would see them as women who needs help, and they issue them with recall orders, sending them back to prison, even though they have done nothing wrong.

Like my hon. Friend the Member for Swansea East, I want to cite real examples. One woman slept rough for two weeks before signing for a flat in a new area. She contacted the probation service to say that she had settled in but that she had not heard from them and did not know whether to attend the old or the new office, the address of which she did not know. She was instead told that there was a warrant out for her arrest and then returned to prison for 14 days. That directly affected her settling into the new area and delayed her social services assessment. As if that was not bad enough, her paperwork stated that she had been recalled because

“a period of stability in custody would benefit her”.

She had a house and she had stability, but still they recalled her. It is shocking.

Probation staff are under significant pressure, with ever-growing workloads and directions from above to fulfil quotas. The culture of privatised probation means that no thought is given to the rule to consider the specific needs of female offenders. We have seen that clearly with community rehabilitation companies believing that that need is fulfilled not by funding a network of women’s centres, but by making available a female offender manager. With pressure to be rid of female offenders so that CRCs no longer have to deal with their often complex needs, what is created is the disproportionate and excessive recall that many hon. Members have spoken about today.

The rapid rise of recall is worrying, and so too is the disproportionate and negative impact it has on women. By repeatedly dragging women back into our prison system, we are trapping them there. A woman might complete her short sentence, but if she does not get help she may be recalled, serve a couple more weeks and then get out. If she still cannot get help she may be recalled again, thus entering a cycle. My hon. Friend the Member for Swansea East was absolutely right to describe it as being trapped in the criminal justice system.

The Ministry of Justice has abolished the use of IPP sentences—imprisonment for public protection—as my hon. Friend said, but it has created problems by locking in offenders with no prospect of getting out or ever actually being free or alive and kicking. Make no mistake: prisons are in a state of emergency. Women cannot access help in them, violence has exploded and safety has plummeted. Far too many women are killing themselves, and many more are committing acts of self-harm.

That leads me to the question of the suitability of prison and short sentences for women in the first place—an issue that many hon. Members have spoken about. The women we are locking up have committed crimes of poverty such as petty theft. More than 80% are inside for non-violent offences, and they are often troubled and vulnerable. More than half have mental health issues, have suffered child abuse or domestic abuse, or are struggling with substance misuse. There is no way we can deal with the problems that drive them to offend in the first place in prison because there are not enough experienced officers or the support services to aid them. We are clear that we must end super-short sentences, which cause too many women to be in prison for petty crimes. That is the only way women will be able to access the support they need to tackle their offending. That is the only way we can keep the public safe.

The Justice Secretary spoke about this matter on Monday, and the Prisons Minister has done so on previous occasions. I sincerely hope that we do not see another plan that comes to nothing in reality. We are having this debate because of a plan that has come to nothing. At the heart of the rise in recall is the Government’s failure to address female offenders’ needs and reduce their reoffending. If we do not have women offending or serving short sentences in prison, there will be no one to recall.

The Government set out a strategy and goals nine months ago, but they are yet to set out how they will achieve them. They offer warm words but no way forward. They propose residential women’s centres, which are a revised policy of the previous Labour Government, but they have promised only five and there are no signs of where they will be, how they will be funded and who they will be for. Will they house homeless women or those with housing? Will it be judges or the probation service and the Prison Service that send them there? Months later, we still do not have those answers. Perhaps the Minister will start by answering some of those pertinent questions about the female offender strategy.

Human Rights in the UK

Jim Shannon Excerpts
Wednesday 13th February 2019

(5 years, 3 months ago)

Westminster Hall
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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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It is a pleasure to speak in this debate, Mr Gapes. I am a little perturbed that my time has been cut, but that is by the way. I thank the hon. Member for Edinburgh East (Tommy Sheppard) for securing this debate. Although we champion human rights in this country, there are certainly cases that show we are not where we should be. Next year is the 400th anniversary of the Mayflower’s journey. In September 1620, a group of 102 people and 30 crew members sailed across the Atlantic to seek opportunity and to escape religious persecution in the UK. Some 400 years later, we still have some problems.

There are also cases that show us that one person’s human rights should not be laid on the altar of someone else’s perceived rights. An example was the case of Ashers Bakery in Northern Ireland, when the question was raised as to whether we still have the right to refuse to serve based on a message that directly contradicts a sincerely and dearly held faith. After much legal wrangling, the case upheld the right to refuse a message, but not a customer. The idea that you cannot be forced to advocate something that you do not believe in is fundamental, and the decision was very important. The case was taken to the UK Supreme Court and in a unanimous decision five of the UK’s most senior judges upheld Ashers’ appeal against claims of discrimination. They agreed:

“The objection was to being required to promote the message on the cake. The less favourable treatment was afforded to the message not to the man...Nobody should be forced to have or express a political opinion in which he does not believe.”

That is what the court said, and it is very important to have that decision when it comes to human rights in the United Kingdom.

Although the case was ostensibly about a message on a cake, a section of Christian people were fearful that it was also about an impact on their right to hold their belief and to live their belief out. We are so good at protecting the rights of everyone to live their beliefs inasmuch as they are not harmful or destructive, and yet increasingly we have a section of the UK beginning to fear what can be said or not said when it comes to their Christian beliefs.

A 78-year-old preacher in Northern Ireland was questioned and tried for preaching from his pulpit regarding a biblical story and hell and the fact that if someone does not have faith in Jesus Christ they cannot go to heaven. He was found not guilty. That is another example of human rights. We have registrars who have lost their jobs as they cannot oversee the marriage ceremony of same-sex couples, which is against their held beliefs. Other people are happy to do it, and yet registrars have lost their employment. It is little wonder that Christians question their human rights when all seem to say, “Believe anything you want, tolerate everything possible, except for something based on the word of God and personal and heartfelt beliefs.” The court cases have proven that that is not the case. We must question how such cases get to court. There is a real fear within Christian circles at this time.

I have heard more than one Christian preacher warn his congregation that a time is coming when all will be persecuted for their faith, and many people believe that will happen in the United Kingdom of Great Britain and Northern Ireland. I want a message sent today, very clearly and specifically, that that will not happen in this country while we are still a democracy—that we will allow people to hold on to their belief and live by it as long as there is no harm to others around them. This nation was founded on biblical principles from the time of Alfred the Great, and it is time that we reminded people that, whether we personally believe or not, Christians will not be persecuted for living their faith, in the same way as we do not allow the persecution of other religions. It goes without saying, and yet a growing section of our community need to hear it said in this debate today as we talk about human rights. We also must speak up for those who have been persecuted because of their religious and heartfelt views. It is very important that these matters are put on the record.

Missing Persons Guardianship

Jim Shannon Excerpts
Tuesday 12th February 2019

(5 years, 3 months ago)

Westminster Hall
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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I thank and congratulate the hon. Member for Enfield, Southgate (Bambos Charalambous), who brought the matter forward, as well as the hon. Member for Thirsk and Malton (Kevin Hollinrake) and other Members who have attended to speak. I look forward to hearing the speeches of the shadow Minister, the hon. Member for Ashfield (Gloria De Piero), and the Minister. He is of course ably supported by his Parliamentary Private Secretary, the hon. Member for Angus (Kirstene Hair), who will keep him right—although that will not be hard to do.

The issue is important, and that is why I am here to give support. It is always good to speak on issues that affect our constituents. I am sure that I am not the only person who was touched by the Missing People choir in “Britain’s Got Talent”, when TV gave an insight into the issue. That was in 2017, which is not that long ago. As we get older, the years go by more quickly than we would ever have imagined. I admit that, like others, I shed a tear as the photos flashed up showing clearly how many people there are in this country every minute of whose days is affected by a missing person. That made it clear that there is a real issue. The pain of not knowing—rooms that remain untouched and lives that are unled—lost in the realm of waiting, is nothing short of heartbreaking. I rejoiced when I learned that one of the missing persons linked to the choir had been found. Yet that happy ending is not a normal ending in such cases; that is a fact. The 2017 Act was passed to help families and enable them to deal with financial and other issues that arise when someone has gone missing, although it will never help to ease the pain and suffering.

The Police Service of Northern Ireland has a website that displays photos of those who are missing, in an attempt to enable people to give others peace of mind. However, I believe that we must have a UK-wide national register of missing persons to provide a snapshot of live missing persons incidents across police forces throughout the UK, as a way of finding missing people if possible.

In the provincial papers back home, such as Sunday Life, there are unfortunately regular stories about people who have been missing over the years, with a renewed plea for people with evidence to come forward. It is always good to publish such information. I do not go to America every year, but I recall seeing, when I was there on holiday, that Walmart stores had pictures up of children who had gone missing. There were pictures galore on the wall—a wee timely reminder of the losses that happen. The children in those pictures are always smiling. Each missing person case is a story of loss and heartache, and the pictures resonate with everyone who looks at them.

I support legislation to make life easier for the families of missing people. I should make it clear that it is not an issue that affects only a small number of people. In the United Kingdom there is a report of someone going missing every 90 seconds, and 180,000 people are reported missing every year. There are 340,000 missing person incidents every year. Children are more likely to go missing than adults—that really creates grief and strain. One in 200 children and one in 500 adults go missing each year. Research has shown that stress is one of the most common reasons for adults to go missing. In up to eight out of 10 cases of missing adults, diagnosed or undiagnosed mental health issues are the reason. Relationship breakdown is responsible in three out of 10 cases. Dementia is another cause, in one in 10 cases. Four in every 10 people with dementia will go missing at some point. Those people do not intend to go missing, but they do. That has happened in my constituency in the past couple of years. Both people were found in time, thank goodness, and had no knowledge of where they were or recollection of how they got there.

Whatever the reason for someone going missing, the pain is the same. The Government were right to pass the legislation and now, at the close of the consultation period, it is time to implement the measure that will make so many things easier for waiting families to deal with.

Julian Sturdy Portrait Julian Sturdy (York Outer) (Con)
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The hon. Gentleman is making a powerful argument about the ways that people go missing. Does he agree that it is positive that we are moving towards the endgame, in July, for this important Act? However, as my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) mentioned, 2,500 people are still waiting for the measure to be implemented. A thousand people go missing every year and, as has been said, they all have families. Must we not use the debate to make sure that the timescales for implementing the Act do not slip further?

Jim Shannon Portrait Jim Shannon
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I agree wholeheartedly. We look to the Minister now to encapsulate our thoughts and give us reasons why we are having this debate. Now is the time. We cannot wait longer. The hon. Member for Enfield, Southgate mentioned that it is the last day of the consultation, and we look to the Minister for reassurance.

Every one of us can understand the families’ uncertainty. I agree that there must be a long waiting period before a declaration of presumed death can be made; yet there are issues that should not have to wait that long to be discharged. That is what this legislation is about, and it is on that matter that we want the Minister’s reassurance. It will be helpful if a path can be set out for family members left without the financial support they need and expected, or unpaid creditors who must turn to insolvency procedures. It will be helpful also in the case of mortgages and repossession procedures. It is relevant to problems that arise when banks and other financial institutions are unable to release the missing person’s assets, or even information about them, to those left behind. In such cases the missing person’s money can be wasted by automated payments. Direct debits go out every month with no control and cannot be stopped. The person’s assets decay for want of repair. Those things happen at the moment, and that is why the urgency of the matter cannot be emphasised enough.

There has been much consideration and the time has come to implement the law right away. Many hon. Members realise that there is a need to fill a void, and to look after those who have lost loved ones, so that they can continue their lives in a way that enables them to remember. The pain of families left behind will of course never go away, but the Act will enable us to look after them.

--- Later in debate ---
Jim Shannon Portrait Jim Shannon
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I want to refresh the Minister’s memory about one the requests I made to him, on the back of which the hon. Member for Islwyn (Chris Evans) came in as well. The Police Service of Northern Ireland has a statistical central catalogue of all the missing people, and it periodically publishes their names in the provincial press to remind people. I know it is not the Minister’s direct responsibility, but could he ask the correct Minister about having a central location for a catalogue of those who have gone missing across the United Kingdom of Great Britain and Northern Ireland? That would ensure that people could look at it whenever they want. Would he also take on the idea suggested by the hon. Member for Islwyn about having copies of a photograph of these people? That could be done in conjunction with a person’s family. It would highlight missing people on a regular basis, and may jog people’s memories to give a bit of evidence, which may make a difference.

Edward Argar Portrait Edward Argar
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The hon. Members for Strangford and for Islwyn—if I keep saying it, I will get it right—have both made powerful points, which I am happy to explore with ministerial colleagues.

The designation of the High Court will require a statutory instrument. I hope that when we get to the stage of having to lay those pieces of delegated legislation, we preserve a bipartisan and non-party political approach, to ensure that we get the regulations right and get them through as swiftly as we can.

Before finishing, I place on record my thanks to the charity Missing People, which has continued to engage with the Ministry in the preparation of the consultation and the draft legislation, and which has kindly acted as an intermediary to collect and collate responses to the consultation from families it knows who have been directly affected by people going missing.

In conclusion, I thank the hon. Member for Enfield, Southgate for bringing the topic of guardianship of missing persons before us today. I thank all the hon. Members who have taken part and who have pursued the issue, both today and over many months and years. I also thank you, Mr Hollobone, for chairing the debate. The Act is not only needed and practically important, but quite simply the right thing to do. There is still more work to do to implement the Act in July, but I and the Government know how important this legislation is to many families, who do not have any legal recourse at the moment, and I will do everything in my power to ensure that, in July, we make the ambition and intent of this Act a reality for our country, our communities and those who suffer the dreadful pain of a loved one going missing.

Legislation against Female Genital Mutilation

Jim Shannon Excerpts
Monday 11th February 2019

(5 years, 3 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

I can confirm that we will shortly bring forward a Bill in Government time, and I look forward to the cross-party support that I am very pleased to see today and that I experienced during the recent passage of the upskirting Bill, which I co-sponsored, to ensure we do as much as we can to continue protecting vulnerable children and women.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - -

I also thank the Minister for her positive response and for her commitment to act and legislate quickly. Like her and everyone else in the House, I believe we must do all we can to stop this horrific and barbaric mutilation of girls. Will she outline the steps that will be taken to educate communities at an early age, especially given that the first guilty verdict for FGM was against a mother? There is a need to change the thinking in some communities.

Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

The hon. Gentleman makes an important point. Often we change the law, but what is really important is that we change the culture. That is why the Government are spending sums across Departments to ensure that we educate people. As I mentioned, the Department for Education has provided nearly £2 million for a national programme to improve the social care response to FGM, and it has announced a further £1.7 million to continue its work. That Department is also providing grant funding for two projects to help safeguard girls from FGM. The Home Office’s FGM unit has participated in over 100 engagement events across the country.

Oral Answers to Questions

Jim Shannon Excerpts
Tuesday 5th February 2019

(5 years, 3 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Just a heads up in case the hon. Member for Strangford (Jim Shannon) requires it—the same would apply to him in a moment.

John Bercow Portrait Mr Speaker
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No, no, not now. The hon. Gentleman can work up his question while the Minister is responding to the hon. Lady. [Interruption.] No, no, I am giving him preparation time; he should be thanking me.

Edward Argar Portrait Edward Argar
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My hon. Friend the Member for Mid Derbyshire (Mrs Latham) makes an important point about the importance of stable accommodation, which can play a key part in reducing reoffending and giving people the opportunity to get their life back on the right track. We are working with partners across the Government, local authorities and others to ensure that the system works for those people.

Jim Shannon Portrait Jim Shannon
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rose—

John Bercow Portrait Mr Speaker
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We are all now uncontrollably excited.

Jim Shannon Portrait Jim Shannon
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17. You are most kind, Mr Speaker. Given that the latest report published shows the lowest reoffending rate in the 12-year time series for which data is available, will the Minister outline the correlation between training and education in prison, and employment and a clean slate? Will he also give us the most recent reoffending rates for those who have gained qualifications while in prison?

Oral Answers to Questions

Jim Shannon Excerpts
Tuesday 18th December 2018

(5 years, 4 months ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer
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Litigants in person do need support through our justice system, which is why, over the past few years, we have spent £6.5 million investing in helping them through the court process. Many of our reforms which form part of our £1 billion programme will make sure that forms are easier, applying to court is easier, getting to court and the whole process is easier for people whether they have a lawyer or not.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Will the Minister outline any intentions to review the legal aid process, which currently does not allow middle class families to access legal redress due to a lack of ability to pay bills and thereby pay for legal help and assistance?

Lucy Frazer Portrait Lucy Frazer
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As the hon. Gentleman will know, we are in the process of an extensive legal aid review, which will look at many aspects and report early in the new year. [Interruption.]

Kayden Dunn

Jim Shannon Excerpts
Monday 17th December 2018

(5 years, 4 months ago)

Commons Chamber
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Baroness Anderson of Stoke-on-Trent Portrait Ruth Smeeth (Stoke-on-Trent North) (Lab)
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I should start by saying that due to personal events the family cannot be here with us tonight, but they are watching.

I am here today to tell a tragic story, one that I sincerely wish had never happened, but nevertheless it is a story that needs to be told, even at this time of year. It is a story of loss, of a family let down by our criminal justice system and of a community united in grief.

At the heart of this story is a wonderful little boy named Kayden Lee Dunn. Kayden was a happy, healthy little boy with a huge personality, big blue eyes and a laugh his mum said could “fill the world with joy.” His mum, Tonie, has told me that when she first held him and stared into those big, shiny blue eyes, she tried to imagine the perfect future for her little boy. She thought about what his life might hold and the role he might play in the world he had just come into. Perhaps he would grow up to be a policeman, a footballer or even a dancer. Whatever the future might hold, Tonie knew that she would always be proud of Kayden and that he would always make her proud.

Kayden was full of energy, and he loved to learn. At the age of three, he would play games on his way to nursery with his mum, trying to spot shapes in the clouds or count how many cars there were of each colour. Red was his favourite. He loved going to school, too. In his last few months of year 2, he was engrossed in his lessons about knights and castles. Learning his times tables was a different story, but Kayden was determined to get them right, practising every night at the kitchen table and so proud of himself when he finally cracked his three and four times tables. In 2015, he made his acting debut in the school Christmas play. His line was, “To the moon and the stars.” That was a line that would come up again and again with his family. Whenever Kayden wanted to know how much his mum loved him, that was always her answer: “To the moon and the stars.”

For Kayden’s family, it is fitting that we should be having this debate in the week before Christmas, because this was his favourite time of year. He would spend Christmas eve making keepsakes and baking cakes with his parents and siblings, waiting for the joy of Christmas morning, with the laughs, the excitement and—with lots of young children—the noise as the gifts were unwrapped. If he were here today, Kayden would be fizzing in anticipation for next week.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I spoke to the hon. Lady beforehand to ask if I could make a comment in the debate. I sympathise with her and with the family who have lost a loved one, because just last week in my constituency, a wee three-year-old boy was knocked down on Thursday night and passed away on Saturday past. That was the second death in that family; their wee girl died some 18 months ago. I just want to put on record my sympathy for the family and to agree with the hon. Lady that Christmas should be a time for fun and families. They called that wee boy in my constituency Kai Corkum, and his mum and dad and his two wee brothers are grieving for him today.

Road Safety and the Legal Framework

Jim Shannon Excerpts
Tuesday 20th November 2018

(5 years, 5 months ago)

Westminster Hall
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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I thank the hon. Member for Brentford and Isleworth (Ruth Cadbury) for bringing this debate forward.

The Road Safety Foundation’s annual report, “Getting back on track”, which was launched in partnership with Ageas UK, clearly says that if we had been on track to halve road deaths in this decade, in line with international targets, an extra 2,549 people would not have lost their lives between 2010 and 2017. Some 1,793 people were killed in road crashes in 2017, and 73 people were killed or seriously injured every day. Motorcycle fatalities increased by 9% from 319 in 2016 to 349 in 2017. In comparison with what the UK Government spend on education and GP services, £35 billion, or nearly 2% of GDP, is lost as a result of road crashes each year. There is a financial cost.

As other hon. Members have done, I want to talk about how this issue has affected me. My brother Keith, who is 6 feet 2 inches, was involved in a motorbike accident. Now he has carers who come in four times a day. He cannot manage his money. He cannot walk without a cane. He cannot speak or think like he once did. My mother looks after him, and everyone tries to help. Sometimes, we see the accidents but not the effect on the families. An accident in a sport that Keith loved has had a very clear impact on him and our family.

Across our constituencies, there are those who have lost loved ones, or who have lost their limbs or their way of life in an accident. More than saving money, better road safety is about saving lives and the quality of those lives.

We have talked many times in Westminster Hall and in the main Chamber about road safety, and I want in particular to mention road safety around schools. Two schools in my constituency have 20 mph zones around them, but there are many others that still have a need for safety, such as Grey Abbey Primary School, which dates back to 1847 and sits on a 90° blind bend in the road. There needs to be help for that.

Ring-fenced funding would mean more traffic-calming schemes, and more traffic-calming schemes would mean fewer accidents; importantly, reduced speed means less damage to children. Texting while driving and distracting friends while driving also need to be addressed. It is estimated that if the Government were to invest £75 million per year over the next five years, 1,450 people would be spared the trauma of death or injury. The value of injury prevention exceeds half a billion over the same period. For every £1 invested in safer roads, £4.40 of economic value is created. The figures on the finances are very clear.

While we do not have a devolved Government in Northern Ireland due to the intransigence of Sinn Féin, I ask the Minister to ring-fence funding and ensure that the relevant Department in Northern Ireland understands what is expected from that additional funding.

Oral Answers to Questions

Jim Shannon Excerpts
Tuesday 13th November 2018

(5 years, 6 months ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer
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We in the Ministry of Justice are committed to the institution of marriage and recognise the value that it brings to the children of a marriage, as well as to society as a whole. Our proposals and consultation on divorce are about looking at how to make the process easier when the very difficult decision to divorce has been made. Of course, any measures to strengthen families would be welcome.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Will the Minister outline the steps that have been taken specifically to address the reform of fathers’ rights during divorce proceedings on access to children?

Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

All parents’ rights are incredibly important, but in the family court the heart of every case is the child’s best interests. That is the basis on which judges make their determination. There is a presumption that contact with both mother and father is in the child’s interests, but each case depends on its own facts.

Future of Legal Aid

Jim Shannon Excerpts
Thursday 1st November 2018

(5 years, 6 months ago)

Westminster Hall
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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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It is a pleasure to speak in this debate, and I congratulate the hon. Member for Hammersmith (Andy Slaughter) on setting the scene, initiating the debate and giving us all an opportunity to participate in it. There are many more experienced, learned minds in the Chamber with a better legal understanding than me. I am simply here on behalf of my constituents who, without legal aid, would never have seen justice. That is where I am coming from, and that is the point I am going to try to make. I do not have the legal mind of the right hon. and hon. Members who have shared their experience. I am just putting forward a constituency point of view.

As the Minister knows, Northern Ireland has its own legal aid system. I want to outline what we do with it. It might be the envy of other hon. Members when they hear about what we are doing, but has become financially restricted in the past few years. We are working with a new financial regime, but at the same time we have been able to deliver many things.

I am delighted to be able to speak about legal aid. I fully support a system that, if used correctly, fills a gap, and assists and benefits those who have little or no access to legal representation. Solicitors are turning away people who need legal representation because the funding is no longer available. I am not criticising them for that; that is a reality of life. Those on the lowest incomes are excluded from accessing justice if they have savings or assets—for example, a house. Working people on low incomes who are accused of wrongdoing are systematically denied their right to a fair trial, because they cannot access representation even when it is as clear as day that they cannot afford to pay for it themselves. I will give a couple of examples. The Minister is always very responsive to the points of view that we put forward, so I look forward to her response.

There is often only one firm, and sometimes no firms, able to offer legal aid support on housing law, which is a key issue that comes up in my constituency office all the time. It is one of the bread-and-butter issues that we deal with every day. The background information that we received from the Library outlines that legal aid may not be available even when a person’s liberty is at stake, when a person faces the loss of their house, in domestic violence cases and when children might be taken into care. The exemptions for housing law clearly fall at that hurdle.

We look forward to the Government’s review of legal aid, which the Secretary of State promised as far back as March this year in answer to another Member of Parliament, yet it has not been delivered within the timescale that was set out. I am pleased that the Government have now committed to carry out a review by the end of the year, as other hon. Members said, but I seek an assurance from the Minister that that timescale can be met.

I want to make some comments about what we do with legal aid in Northern Ireland and what the scheme means. Legal aid in Northern Ireland currently costs £63.65 million per annum. At present, it falls under two distinct headings: civil legal aid, which provides help and assistance in civil and family matters, and criminal legal aid, which provides help and assistance to those accused of a criminal offence. In fact, legal aid subject to means and merits tests is available for many aspects of the law that are triable in court in Northern Ireland. Despite the reductions in the availability of legal aid, we can still do many things. Many new proposals from UK Government Departments have a direct impact on legal aid expenditure—for example, changing the criminal or civil law, or improving or affecting in any way the rights of individuals—without the impact being immediately apparent. It is therefore essential that an assessment of how policy change might impact on legal aid is made as early as possible. We look to the Minister for some direction on that. With the assistance of colleagues, we will also assess any possible impacts on the work of the courts.

Civil legal aid costs about £38.25 million a year and provides help across a range of areas, such as adoption and affiliation, bail, bankruptcy, children and family matters, divorce, maintenance and other matrimonial issues, injunctions, judicial reviews on negligence, whether general, medical or tripping, and personal injury cases. Within civil legal aid, there are three main stages: legal advice and assistance by way of representation and legal aid, initial advice on any aspect of Northern Ireland law, and qualification, which is subject to an evaluation of the individual’s financial circumstances—the means test.

Legal aid, including assistance by way of representation, provides for comprehensive help including, where required, representation in court. To qualify, two tests must be met. The first involves financial eligibility, and depending on the applicant’s personal circumstances, they may receive free help or may have to pay a contribution towards the cost of the case. The second test involves the merits of the case; a person shall not, for example, be given legal aid in connection with any proceedings unless they show that they have reasonable grounds for taking, defending or being a party thereto.

The Legal Services Agency Northern Ireland is currently undertaking a substantial reform programme, which will result in the introduction of civil legal services under the Access to Justice Order (Northern Ireland) 2003, so we are considering changes in Northern Ireland. I know that the Minister will be aware of that as she is well on top of her portfolio and understands what we are doing. I appreciate that understanding.

Criminal legal aid costs approximately £25.4 million a year, representing approximately 40% of the total legal aid budget. There are three levels of service: advice and assistance on general criminal matters, under the same provisions for civil cases; free advice and assistance for anyone being interviewed at a police station in connection with a suspected offence, or what they call “PACE advice”; and free legal aid. To qualify, the court must satisfy itself that the means of the accused are insufficient to enable him or her to obtain legal aid and that, in the interests of justice, the accused—or a person brought before the court to be dealt with—has free legal aid.

In satisfying itself, the court may consider, among other matters, whether the offence is serious enough that on conviction a custodial sentence is possible; whether there is a possibility of loss of livelihood or damage to the reputation of a person; whether there is a substantial question of law to be argued; or whether the accused is unable to understand the proceedings, for example if they do not speak English or have mental or emotional issues. Currently there is free legal aid in all criminal proceedings in Northern Ireland. Approximately 35% of the total individuals who appeared in magistrates’ court and 98% of the total individuals who appeared in Crown court were legally aided.

I have given some background, because for the purpose of the debate it is good for everyone to know what we are doing. I hope that right hon. and hon. Members are interested in what we are doing in Northern Ireland, just as I am interested in what happens in other parts of the United Kingdom.

I am very aware of the good that legal aid can deliver to those I often refer to as the “wee man” and “wee woman”. I have a clear social conscience, as do other hon. Members present and the Minister. Our desire to help those who cannot always help themselves has been clear in all contributions. I want to ensure that everyone has access to justice and that those with the financial accessibility do not override those without it, and that fair play and the right to a level playing field are fully and totally justified.

The numerous questions raised by the Library’s background information on legal aid illustrate quite clearly that all is not well with the legal aid system in the UK at the moment. It was introduced with admirable duty and conscience, yet now Government oversee a much lessened scheme. The figures from 2017-18 illustrate that very clearly: only 140,000 civil cases started with legal aid, compared with 785,000 cases in 2010-11, a decrease of 82%. Over the last seven years, legal aid has been reduced by four fifths—a drastic reduction. I am not saying that the data is entirely wrong, but those figures illustrate a clear deficit in the possibilities of legal aid. We have to have a legal aid system that works well for those who need it the most.

In her introduction, the hon. Member for Westminster North (Ms Buck) referred to tribunals and appeals. In the past, many people would have taken someone with a legal mind along to assist them. That has changed greatly. The hon. Lady is probably like me—probably like all of us—in that we represent our constituents on legal tribunals whatever their benefit issue might be: disability living allowance, personal independence payments, employment and support allowance, or community grants. We do that because it is our duty to, but we also have to learn the rudimentary legal parts of that system so that we can represent the law at the tribunal. In the past, in many cases, that would have been up to solicitors and others of legal mind.

I will always fight for those who need help and will continue to be a voice for them. I conclude as I am conscious that others wish to speak. I say with all sincerity to everyone here and to the Minister in particular that society is measured by its attitude towards and help for the less well off. With legal aid, there is a dearth of that attitude and help that needs to be addressed at the earliest opportunity. I hope the review that the Minister is initiating at her Department will do just that. I call on Government and the Minister to ensure that the legal aid pot is restored and that no financial penury denies those who need it access to legal help. They should have their day in court on an equal basis and never be disadvantaged; justice demands it, and right must and should always persist.