Probation Reform

Debate between John Howell and David Gauke

Thursday 16th May 2019 Commons Chamber

[Mr Gauke]

Clearly, there have been difficulties about the payment-by-results model in this context, and Dame Glenys Stacey has been very clear about that. She described herself as being delighted by the announcement today. I am delighted that she is delighted.

[John Howell (Henley) (Con)]

The attempt to bring in transforming rehabilitation failed partly because it failed to take into account and wait for the end of the pilots at Doncaster and Peterborough prisons. Does the Secretary of State agree that that has been part of the failure? Will he tell me what effect his reforms will have on those who want to introduce new services, such as a much better rehabilitation process through paid work?

[Mr Gauke]

With regard to previous experience, there is always a balance to be struck between trying to deliver something in good time and waiting to see all the evidence emerge. On where we are now, we should move to a different model. We will lead with Wales, and by the end of this year, we should have moved to a unified model. England will follow in 2021. My hon. Friend is right to highlight the importance of work. He knows that that is a key issue for me in terms of rehabilitation. Both paid and unpaid work have important roles to play. I do want to encourage innovation; I want to make sure that, in such areas, we have innovation and a diversity of suppliers who can play a role in ensuring that we try new things, learn from experiences and get things improving.

Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Debate between John Howell and David Gauke

2nd reading: House of Commons
Tuesday 27th November 2018 Commons Chamber

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

I beg to move, That the Bill be now read a Second time.

It is a great pleasure to move the Second Reading motion. It is possible that in Westminster at the moment other matters are catching Members’ attention and that the focus of the House has not been sufficiently on the Bill, but I am delighted to have the opportunity to move the motion. The Bill has already been considered in the other place and takes an important step forward for our courts system.

Our judiciary, together with our courts and tribunal service, are rightly regarded as among the finest and most independent in the world. However, the way our courts and tribunals work cannot stand still. They must be able to meet the demands of delivering modern-day justice, meet the needs of the society they serve, and administer justice in the most effective and efficient way.

The justice system must work for all those who use it, as well as for the judges and legal professionals who work in it. That means realising the huge potential of new technology and the law tech revolution to improve people’s experience of and access to the justice system and to open up new routes to justice. It is certainly my determination that the UK should be seen as being at the forefront of adopting new technology, whether in our courts and tribunal system, which is the issue before us today, or more widely, with legal professionals making use of technology. That is one of the reasons that we have instituted a law tech committee, led by Christina Blacklaws of the Law Society, which is designed to take us forward in that area. It is an important part of what we need to do.

[John Howell (Henley) (Con)]

My right hon. Friend may be aware that I did an Industry and Parliament Trust fellowship in the law with judges, and my experience of the different courts I went to showed the enormous gap between the commercial courts, which were technologically very superior, and the tribunal system, where we might as well have been using a quill pen. Is this reform going to solve that problem?

[Mr Gauke]

Our court reform programme as a whole, which I will come on to, will ensure that we use technology wherever possible. It is right that we embrace that. The Bill is part of the process—it is not all of the process—that will ensure that we modernise. I have cited in the past ways in which artificial intelligence, for example, is being used within the legal profession. An example I have given is a case where AI was used to check a number of contracts to spot potential errors. The rate of success of the AI was somewhat better than that of the experienced lawyers, and if I remember rightly the task was done in 26 seconds rather than 92 minutes. I make that point to illustrate the opportunities in terms of technology and the law.

--- Later in debate ---

[Mr Gauke]

My hon. Friend raises a good point that comes back to how we ensure that judges’ time is used most effectively, freeing them up from the most routine tasks, such as changing the start time of the hearing, and enabling them to focus on more complex matters. They could then ensure that case preparation and management was resolved proportionately and at an appropriate level. That could also help to improve the overall efficiency and effectiveness of the court tribunal system. There is an opportunity to ensure greater consistency in the current arrangements, and it is right that we strengthen safeguards, as has already been touched upon.

It is important to guarantee the independence of all authorised staff when they are exercising judicial functions. Clause 3 will bring authorised staff under the leadership of senior lawyers. Although we are removing the post of justices’ clerk from the statute, the functions that such clerks undertake will continue to be carried out by heads of legal operations, who have a much greater leadership role across all jurisdictions. The change will ensure that we make all authorised staff ultimately accountable and subject to the direction of the Lord Chief Justice and the Senior President of Tribunals.

[John Howell]

My right hon. Friend is being generous with his time. The place where these changes can have the most effect is in the tribunal system. I have sat through tribunals that have lasted for days for no good reason, tying up three independent assessors. Surely, it is there that the changes he proposes can have the biggest effect.

[Mr Gauke]

My hon. Friend may well be right. The Bill of course relates to courts and tribunals, and it is important to bear in mind the impact on tribunals. Tribunals perhaps do not always attract the attention that they might, but they play a vital role within our justice system. If we can find ways to improve their efficiency, we should all welcome that. That is a key part of what this Bill is about.

Civil Liability Bill [Lords]

Debate between John Howell and David Gauke

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 4th September 2018 Commons Chamber

[Mr Gauke]

I think that on this occasion I might be able to satisfy my hon. Friend, which I cannot always say to him as the Chair of the Justice Committee. After listening carefully to the arguments made—including by my hon. Friend—I can now say that we intend to remove these vulnerable road users from the small claims limit changes. They are, of course, already excluded from the Bill.

I wish to say a few words about the timing of the whiplash reforms. Both the Justice Committee and the insurance sector have raised concerns about how quickly the reform programme can be implemented, including the necessity to build and test the online claims platform that I mentioned. We have listened to those concerned and resolved to push back implementation by a year to April 2020. This will enable careful user testing of the IT system to ensure that the system works well for all types of users on full implementation.

The personal injury discount rate is intended to reflect the return that it is reasonable to expect a claimant to receive on investing a lump sum award of damages for future financial loss. We must keep in mind that behind every claim there are real people with life-changing injuries, who need to make fundamental changes to the way in which they live their lives and who depend on their compensation awards. That is why we continue to support the aim that seriously injured people should receive full compensation to meet their expected needs, including care costs. The problem, however, is that on the evidence we have obtained, our discount rate of minus 0.75%—one of the lowest in the world—is leading to awards in personal injury claims averaging at 120% to 125% of the damages awarded, even after allowances are made for management costs and tax.

Such overcompensation is contributing to escalating costs in the NHS, which spent £2.2 billion on clinical negligence claims alone in 2017-18—a figure that is expected to rise to £3.2 billion in 2020-21. This is almost double the amount spent in 2016-17 and seven times the amount spent in 2006-07. This overcompensation is not sustainable. Money is being diverted that could instead have been spent on frontline public services such as our hospitals, schools and armed forces. As well as adding to the financial pressure on the NHS, the current framework for setting the discount rate is also creating pressure that is driving up insurance premiums, particularly for motorists.

The reforms that we propose to the discount rate will also save consumers money, as the insurance industry has committed to passing on these savings. The changes that we propose to make in the Bill to how the discount rate is set will make it fairer and more realistic for everyone. We intend to reflect the reality that claimants are more likely to invest their compensation in slightly higher risk diversified portfolios, than in very low risk investments under the current test.

[John Howell (Henley) (Con)]

The Secretary of State is moving very quickly to the nub of this Bill; this is about preventing overcompensation, not increasing undercompensation. Does he agree?

[Mr Gauke]

Very much so. It remains our objective to ensure that people are properly compensated—that they get the right level of compensation. The current process systematically overcompensates, and it is right that we address that because that compensation could be spent on frontline services. I am sure that that is what we would all want to do.

Worboys Case and the Parole Board

Debate between John Howell and David Gauke

Wednesday 28th March 2018 Commons Chamber

[Mr Gauke]

Yes, I will. In terms of the victims aspect, that review will, I hope, be completed by the end of April. I hope to make good progress on that. Meeting Mr and Mrs Mullins and their daughter, thanks to the good offices of the hon. Lady, highlighted how important this issue is for victims and their families.

[John Howell (Henley) (Con)]

How will the Secretary of State establish a balance between open justice for the system under which the Parole Board operates and at the same time preventing it from effectively operating as trial by media, because of the activities of the media around famous cases such as this one?

[Mr Gauke]

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

Oral Answers to Questions

Debate between John Howell and David Gauke

Tuesday 5th November 2013 Commons Chamber

[John Howell (Henley) (Con)]

9. What recent fiscal steps he has taken to support small businesses.

[The Exchequer Secretary to the Treasury (Mr David Gauke)]

The Government are very supportive of small businesses. We demonstrated this support again at Budget 2013 through the introduction of the new £2,000 employment allowance for small businesses and charities from April 2014.We have extended the small business rate relief from April 2013. We have increased the small business research and development tax credit to 225% and the lifetime limit on entrepreneurs relief to £10 million. In addition, we have launched a £1 billion British business bank to improve access to finance for small and medium-sized enterprises in the UK.

[John Howell]

I congratulate my hon. Friend on the fact that the new employment allowance will mean that 450,000 small businesses pay no national insurance contributions at all. Is this not a positive help to small businesses such as those in my constituency as they seek to take on more employees?

[Mr Gauke]

I entirely agree. That £2,000 for every business will feed through by helping businesses take on new staff, invest in their business or pay higher wages. It is a positive contribution, which contrasts with the proposals that we inherited for an increase in employer’s national insurance contributions.

Oral Answers to Questions

Debate between John Howell and David Gauke

Tuesday 25th June 2013 Commons Chamber

[John Howell (Henley) (Con)]

4. What assessment he has made of the effect on living costs of changes to the personal allowance.

[The Exchequer Secretary to the Treasury (Mr David Gauke)]

It was announced in Budget 2013 that the Government would increase the annual personal allowance by a further £560 to £10,000 in April 2014, thus meeting a key coalition commitment a year ahead of schedule. By that date, as a result of the combined effects of all personal allowance increases under this Government, a typical basic-rate taxpayer will have gained by more than £700 a year in cash terms.

[John Howell]

Does my hon. Friend agree that the best way of tackling this issue is to put cash into people’s pockets, and that taking 2.7 million people out of tax altogether is an excellent way in which to proceed?

[Mr Gauke]

I do agree. What we have done is quite a contrast with what was done by the last Government, who increased the amount of income tax that some low earners would have to pay by £232. Now the equivalents of those people have been taken out of income tax altogether.

Oral Answers to Questions

Debate between John Howell and David Gauke

Tuesday 24th January 2012 Commons Chamber

[Mr Gauke]

I understand the hon. Gentleman’s concern—he has raised this matter on behalf of his constituents a number of times. The Treasury and HMRC are always seeking to improve the system. It is in a better place than it was four or five years ago, but none the less, there are still issues. I constantly tell HMRC that we need to find ways to address problems when information is provided but not taken up and used.

[John Howell (Henley) (Con)]

4. What progress he has made on implementation of the national infrastructure plan 2011.

Oral Answers to Questions

Debate between John Howell and David Gauke

Tuesday 1st November 2011 Commons Chamber

[Mr Gauke]

Clearly the news from Haverhill is very encouraging, and I am delighted to hear it. I agree with my hon. Friend’s comment; it is striking that youth unemployment started increasing in 2004, at a time when the economy appeared to be in good shape.

[John Howell (Henley) (Con)]

14. What recent representations he has received from the IMF and the OECD on UK economic policy.

Oral Answers to Questions

Debate between John Howell and David Gauke

Tuesday 8th June 2010 Commons Chamber

[John Howell]

I am grateful to my hon. Friend for his previous answer, but he will be aware that many of us have had to put in place our own means of keeping constituents who have got caught up in Equitable informed of what is happening, so poor has been the Government communication programme. So will he say a little more about his plans to keep that group of people informed as the payment scheme goes through?

[Mr Gauke]

I suspect that one of the reasons why the previous Government were so poor in communicating progress was that there was very little progress to communicate. As I mentioned earlier, we are keen to ensure that there will be progress, that we have the independent commission in July, and that we will have the conclusions of Sir John Chadwick’s report; we intend to make progress there. I hope that we will have more information to give my hon. Friend in mid-July. This is a matter that has caused enormous anxiety for many people, and it is right that we keep people up to date with exactly what progress we are making.