Serious Criminal Cases Backlog

Lindsay Hoyle Excerpts

Wednesday 20th January 2021 Commons Chamber

[Mr Speaker]

Before I call the right hon. Member for Tottenham (Mr Lammy) to ask his urgent question, I remind all hon. Members participating in these exchanges that it is important that no reference should be made to individual cases in a way that prejudices current and prospective criminal proceedings.

[Mr David Lammy (Tottenham) (Lab) (Urgent Question)]

To ask the Secretary of State for Justice if he will make a statement on the backlog of serious criminal cases in the justice system.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The covid pandemic is truly unprecedented. It has affected every corner of our lives—from hospital operations delayed, to schools closed, to businesses struggling and even to how Parliament itself operates, we have seen covid’s effects. The court system is no different: bringing people safely into buildings for trials—especially jury trials—and hearings is a difficult thing to do. That is why so much has been done to keep delivering justice in these difficult times.

We have invested £142 million in upgrading court buildings and technology, alongside £110 million to increase capacity, making an investment of over a quarter of a billion pounds in court recovery this year. We are hiring 1,600 extra staff. We have opened 19 new Nightingale courts, with 35 new courtrooms. As of today, we have over 290 covid-safe jury trial courtrooms—substantially more than before the pandemic. We have installed plexiglass screens in 450 courts to protect users. We have installed cloud video platform technology in 150 magistrates courts and 70 Crown courts, allowing 20,000 remote hearings per week.

In the first lockdown, and as these measures have been put into place, backlogs have, understandably, developed. That has been the case across the world. But the fruits of our labours are now being seen. We have been faster than almost every jurisdiction to recover and we believe that we were the first country in the world to restart jury trials, back in May. Since August, the magistrates court backlog has been relentlessly reducing, month on month. Crown court jury trials are obviously much harder, for reasons of social distancing, but even there, in the last four weeks before Christmas, Crown court disposals exceeded receipts for the first time since covid began. At this very moment, as we stand here, about 230 jury trials are taking place. The joint inspectors’ report said earlier this week:

“It is a real testament to the criminal justice system that in spite of the pandemic…service was maintained.”

I pay tribute to the judges, magistrates, jurors, witnesses, victims, lawyers, court staff, Crown Prosecution Service staff and Ministry of Justice officials who have made that monumental effort to deliver justice in spite of covid.

We will not rest. We are adding more courtrooms, further increasing remote hearings, and examining options for longer operating hours. We are also taking action to mitigate the impact on victims and witnesses, this year providing an extra £32 million of funding and next year an extra £25 million of funding, including for rape and domestic violence victims.

This year has been incredibly difficult in the courts, as in so many places, but through a monumental, collective effort the system is recovering. The recovery will gather strength and pace with every day that passes, and I know that everyone in the House will support that work.

[Mr Speaker]

I call David Lammy, who has two minutes.

[Mr Lammy]

We all know the numbers. The backlog of criminal cases in the Crown court has grown to more than 54,000. Including the magistrates courts, it has reached more than 457,000 cases. Serious criminal cases are being delayed by up to four years. Convictions are at by far their lowest this decade. Estimates show that the current scale of increase in the backlog would take 10 years to clear at pre-pandemic rates.

Numbers do not tell the whole story. Behind criminal cases, there are victims: victims of rape, robbery, domestic abuse, and violent assault. Each of those victims is being denied the speedy justice that our society owes them. It has been repeated many times, but it is true: justice delayed is justice denied. This is not just the case because of the pain that delays cause victims and the wrongly accused—it is because delays to justice can affect the verdict.

On Tuesday, four criminal justice watchdogs for England and Wales warned of “grave concerns” about the impact of court backlogs. Victims and witnesses may avoid the justice system entirely because of the delays. Witnesses may be unable to recall events properly many years after the event. As a responsible Opposition, we accept that the pandemic has caused unprecedented challenges for the justice system. However, we do not accept the Government’s presentation of the backlog as a crisis that has resulted only from coronavirus. Before the pandemic, the Crown court backlog stood at 39,000 cases.

That figure was the result of sustained attacks on the justice system by successive Conservative Governments: an entire decade of court closures, cuts and reduced sitting days. Blackfriars Crown court was sold off by the Government in December 2019. It is now sitting empty, but it is being rented out as a film set by the developer for a new series of “Top Boy”. The Minister said “recovery”, but meanwhile the Government are paying through the nose for Nightingale courts a stone’s throw away.

Six hundred court staff, judges, lawyers and jurors have tested positive for covid-19 in the past seven weeks. A pilot scheme of lateral flow tests has now been authorised at only two courts in London and Manchester. A pilot scheme is not good enough, and neither is the plexiglass. Why have lateral flow tests not been implemented across the court system? The Minister knows that that is a serious problem and that we are a long way from recovery. Can he tell the House why the pitiful 19 Nightingale courts that he has managed to deliver fall so short of the 200 that Her Majesty’s Courts and Tribunals Service said were needed? Can he tell the House why lateral flow tests are not being trialled across the whole country? After 11 years of incompetence and cuts, will he admit that his Government failed to fix the roof while the sun was shining?

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[Chris Philp]

I thank my hon. Friend, the Chair of the Justice Committee, for his question. He is of course right: we need to have sustained levels of disposals exceeding receipts. We got there just before Christmas for the first time during the pandemic following a heroic effort, but he is right that it needs to be sustained. We are making it clear that the resources needed to achieve that will be made available. In the current year, Crown court sitting days will not be any constraint on getting cases listed. Subject, obviously, to the usual discussions with the judiciary, we anticipate a very significant increase in Crown court sitting days in the next financial year to achieve the objective that he rightly and properly calls for.

[Mr Speaker]

I call Joanna Cherry, who has one minute.

[Joanna Cherry (Edinburgh South West) (SNP) [V]]

Criminal justice is devolved in Scotland, and here the focus has been on ensuring that jury trials continue in the most serious cases where accused persons are in custody and where the nature of the alleged offence demands that priority be given, which includes sexual offences. The report we are talking about today deals with England and Wales only. It has found numerous examples of serious cases being cancelled at short notice, and it has warned that delays could result in crime victims being unable to support prosecutions.

What new steps is the Minister taking to ensure that, as already happens in Scotland, the United Kingdom Government are complying with their duty under article 3 of the European convention on human rights to ensure that there are effective remedies for the victims of sexual offences and, in particular, that we avoid—or that he avoids—undue delay in getting cases of sexual offences to trial? I know what has been done in Scotland. I am keen to know what the Minister is going to do in England and Wales, given the finding of this report.

Police National Computer

Lindsay Hoyle Excerpts

Monday 18th January 2021 Commons Chamber

[Kit Malthouse]

My hon. Friend raises a very pertinent point. Of course, we were trying in this process to do what the law tells us to do, which is to respect people’s privacy and to delete data that we are supposed to delete. It is possibly true that some Members on the Opposition Benches—not, I have to say, the hon. Member for Torfaen (Nick Thomas-Symonds), but others on those Benches—have an interesting relationship with the notion of the police using and interpreting data. This is an issue of technical complexity, which software engineering experts in the Home Office are grappling with day by day. We will bring more information as we have it, but safe to say—I know that my hon. Friend takes a strong interest in policing and the policing family—we are doing our best to ensure that the police are in as good a position as they can be to continue to fight crime.

[Mr Speaker]

Let us head over to Northern Ireland with Jim Shannon—a virtual Jim Shannon!

[Jim Shannon (Strangford) (DUP) [V]]

My goodness, Mr Speaker; thank you very much, whether virtually or in person, but virtually today.

I thank the Minister for his most comprehensive statement. My concern lies in the fact that there are cases that are sensitively linked to Northern Ireland. I would appreciate an understanding that contact has been made with the Police Service of Northern Ireland and the Department of Justice in Northern Ireland to go over how the data breach may have affected Northern Ireland citizens and residents and, further, whether it is felt that victims of crimes in particular may be affected and what steps are to be taken if they are affected.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Monday 14th December 2020 Commons Chamber

[Priti Patel]

It is important for this House and the British public to know that this Government have put record levels of funding into the police, and that this Government, this Prime Minister and this Home Secretary absolutely, unequivocally back the police. The hon. Lady asks about the recruitment of PCSOs. Obviously, that links to the powers and the duties that they have, but she will also know that that is a decision for chief constables and police and crime commissioners, so across London, for example, where there might be an issue with PCSOs, it is for her, as a London MP, to raise this with the Labour Mayor of London. These are operational decisions, but I maintain that this Government back the police. Our funding settlement illustrates that day in, day out, as does the recruitment programme, with almost 6,000 new police officers recruited to the frontline.

[Mr Speaker]

Rosie Cooper is mobile at the moment—hopefully we will come back to her question—so we now move on to the next question.

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[Victoria Atkins]

This is a really interesting scheme. As the hon. Lady knows, it was launched in March and, since then, on average four people a day have used it. I understand that early in 2021 the Department for Transport will review its continuation beyond March. I hope that, as with all our departmental questions, the message to victims of domestic abuse is clear: in the pandemic they can still leave their homes if they need to seek help.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Scheduled Mass Deportation: Jamaica

Lindsay Hoyle Excerpts

Monday 30th November 2020 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

I find it extraordinary that the Opposition should choose an urgent question to plead the case for serious foreign criminals rather than standing up for the victims of crime, particularly on a day when an urgent question might be more appropriate on the issue of the imminent and extraordinarily early release of a woman, Mairead Philpott, who was jailed for the killing of six of her own children. Can my hon. Friend—

[Mr Speaker]

Order. I believe that it was correct to have this urgent question. Also, there is no alternative urgent question. Maybe if the hon. Gentleman had put one in, we could have considered it.

[Tim Loughton]

I am not criticising you, Mr Speaker; I am just questioning priorities. Can I ask the Minister how much we are spending already on housing these foreign criminals in the UK, and how much taxpayers’ money is being wasted on chartering places on flights that are not taken, often at the last minute?

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[Chris Philp]

I would not say the Government find it irksome to offer people due legal process; of course we do not, because we respect those legal processes. However, we do find it deeply frustrating and, frankly, at times inappropriate when the legal system and the legal process are used in an abusive or vexatious way, as they apparently sometimes are. That is something we intend to come back to in legislation next year. In relation to access to justice, there are very ample opportunities provided for consultation with lawyers by all kinds of means. I would say that in my observation of people subject to Home Office proceedings, one thing they are not short of is legal advice—very often legally aided. The access to justice point that the right hon. Member makes is certainly amply catered for in a whole range of different ways.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Monday 9th November 2020 Commons Chamber

[Kit Malthouse]

I am pleased that our pledge to recruit 20,000 extra police officers is so popular, particularly in Lancashire. The hon. Lady will be pleased to know that 100 of the 153 that were allocated to Lancashire out of the first 6,000 had already been recruited by 30 September. They join the 5,834 that we have recruited towards our 6,000 target, which was due by next March; as Members can work out from the maths, we are well ahead of target. As for where those officers are based, that is a matter for the chief constable, who makes that operationally independent decision, in collaboration with the police and crime commissioner in the county.

[Mr Speaker]

We look forward to them in Chorley.

[Conor McGinn (St Helens North) (Lab)]

Let me start by thanking the Minister for meeting me and the Daniel Fox Foundation, which is based in St Helens, does great work on knife crime in my constituency and was very encouraged by his support. We know the impact of coronavirus on our health and the economy, but it also has serious implications for public safety and the country’s security. There were anti-lockdown protests on the streets this weekend, but we see deliberate, harmful disinformation online all day, every day. So when ensuring that the police have what they need to meet all covid-related challenges that they face, what resources is he providing to them and the security and intelligence services to robustly counter the false online conspiracy theories, which are designed by nefarious elements, at home and abroad, to undermine our collective efforts to beat this virus?

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[Victoria Atkins]

The hon. Gentleman surely welcomes the 260 new officers that have been appointed to his local area as of 30 September. We are absolutely clear—this is a manifesto commitment, and one which I know the public took very seriously—that we will recruit an additional 20,000 officers. In addition to those 20,000 officers, we are specifically targeting the heinous crime he has set out—namely, county lines. In Thames Valley alone, we are developing a multi-agency violence reduction unit to the tune of £2.32 million, combining the expertise of the police, local government, health and education professionals, community leaders and others to identify the causes of serious violent crimes, including county lines, and deliver a multi-agency response to it.

[Mr Speaker]

Sorry, but I am going to have to go on to topicals. Those who did not get in may get picked up if we can get through topicals a bit quicker than we got through the other questions.

[Suzanne Webb (Stourbridge) (Con)]

  If she will make a statement on her departmental responsibilities.

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[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

We have been told that the Government want to use Interpol databases as an alternative to the SIS II database after 1 January. Will the Home Secretary tell the House how many EU27 countries have agreed to upload all their information on wanted criminals, missing persons, and other crucial information on the SIS II database, on to the Interpol databases? How far will they have completed that task by 1 January? Can the Home Secretary guarantee the House that the police and Border Force will still be able to get access to that crucial criminal information?

[Mr Speaker]

Order. May I just say to Members that it is unfair to those the call list if I cannot get through it? We were slow on the last set of questions, and topical questions are meant to be short and punchy. Please let us work together. It is not fair on those who are missing out.

[The Minister for Security (James Brokenshire)]

As the right hon. Lady has highlighted, in the absence of SIS II we will use Interpol channels to exchange information with EU member states on persons of interest.  All incoming Interpol circulations, notices and diffusions are uploaded to UK border and policing systems. Our use of Interpol predates our SIS II access, and provides the capability to exchange data and communicate with all our international partners quickly and securely.

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[Priti Patel]

I thank the hon. Lady for her really important question. She is right about the report published by the Centre for Social Justice. I am acutely aware, as are officials across the Department, of the scale of modern-day slavery. Much of it is underground, in the black economy, where people are captured and put into bonded labour. There is extensive work taking place in the Home Office and with law enforcement, and I would be very happy to share some of that work with the hon. Lady.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for a few minutes.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lindsay Hoyle Excerpts

Consideration of Lords amendments
Wednesday 4th November 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I beg to move, That this House disagrees with Lords amendment 4B.

[Mr Speaker]

With this it will be convenient to consider Government amendments (a) to (c) in lieu of Lords amendment 4B.

[Kevin Foster]

Lords amendment 4B relates to family reunion and unaccompanied asylum-seeking children. I am sure that hon. Members will have in mind the tragic events in the channel last week. Let me reiterate very firmly that the Government are determined to end these dangerous, illegal and unnecessary crossings to ensure that lives are not lost and that ruthless criminal gangs no longer profit from this criminal activity.

As my right hon. Friend the Home Secretary recently announced at the Conservative party conference, we intend to reform our broken asylum system to make it firm but fair. We intend to bring forward legislation next year to deliver this, allowing for a wider debate on the subject. Our reformed system will be fair and compassionate towards those who need our help by welcoming people through safe and legal routes. It will also be firm and stand up for the law-abiding majority by stopping the abuse of the system by those who raise no founded claims through protected routes but do so purely to frustrate the implementation of our immigration law and procedure.

Let me reassure hon. Members that the Government remain committed to the principle of family unity and to supporting vulnerable children. We have a very proud record of providing safety to those who need it through our asylum system and world-leading resettlement schemes, and we are determined that that continues. We have granted protection and other leave to more than 44,000 children seeking protection since 2010. The UK continues to be one of the highest recipients of asylum claims from unaccompanied children across Europe, receiving more claims than any EU member state in 2019, and 20% of all claims made in the EU are in the UK.

The Government understand the importance of this issue, and it is right that we continue to debate it. Lords amendment 4B is well-intentioned in seeking to ensure that adequate protection is in place for vulnerable asylum-seeking children. However, we have made a credible and serious offer to the EU on new arrangements for the family reunion of unaccompanied asylum-seeking children. It remains our goal to negotiate such an agreement. As my noble Friend Baroness Williams announced in the other place on 21 October, in the event of no negotiated outcome, we will pursue bilateral negotiations on post-transition migration issues with mutual interest countries, including on family reunion for unaccompanied asylum-seeking children. Government policy has not changed on this matter.

However, it is worth noting that the UK already provides safe and legal routes for people to join family members in the UK through our existing immigration rules, all of which are unaffected by our exit from the EU, as they apply globally. In the year ending June 2020, the Government issued 6,320 refugee family reunion visas and have issued more than 29,000 in the last five years. This shows that our existing refugee family reunion routes are working well, and these routes will continue to apply, including to people in the EU, after the transition period. Our resettlement schemes were the largest in Europe over the last five years, directly resettling more than 25,000 people from regions of conflict and instability, half of whom were children. During the debate in the other place on 21 October, the Government committed, as part of this vital work, to conduct a review of safe and legal routes into the UK, including those for unaccompanied asylum-seeking children in EU member states to reunite with family members here in the United Kingdom.

The substantive amendment that the Government have tabled in lieu, amendment (a), makes important statutory commitments, demonstrating the Government’s assurances to review legal routes to the UK for people seeking protection in EU member states or seeking to come to the UK to make a protection claim, including for unaccompanied asylum-seeking children to join their family members here in the United Kingdom; to publicly consult on legal routes for unaccompanied asylum-seeking children in the EU seeking to join family members in the UK; to lay a statement before Parliament providing further details of that review and public consultation within three months of the Bill receiving Royal Assent; and to prepare a report on the outcome of the review, publish it and lay it before Parliament. Amendments (b) and (c) concern commencement of the commitment in amendment (a) to lay a statement before Parliament and specify that it will come into force within three months of Royal Assent.

I trust Members will agree that amendment (a) in lieu is substantial and clearly demonstrates how seriously this Government take the issue of family unity for vulnerable children. It is important that we consider these routes, to discourage vulnerable children from making the dangerous and illegal journeys that can result in the kind of tragedy we saw last week. Due to the scope of the Bill, amendment (a) refers only to legal routes for those who have made an application for international protection in an EU member state or are seeking to come to the UK from a member state to claim protection here. However, I can confirm that the review we conduct will be concerned with legal routes from all countries, not just EU member states. That is in line with our new global approach to the future immigration system and ensures that there is no advantage to making a dangerous journey across the Mediterranean, often organised by criminal trafficking gangs. Those granted permission under these routes can instead travel safely—via scheduled air services, for example—to the United Kingdom.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Monday 28th September 2020 Commons Chamber

[Kit Malthouse]

I am aware that my hon. Friend has made a huge impact in his constituency since he was elected recently and that this is a result of something that he has campaigned on for some time. I applaud Katy Bourne—who is one of our leading police and crime commissioners and is always innovating—on the establishment of this unit, and I hope that it will make a big difference.

I am reminded with rural crime of that interesting philosophical question: if a tree falls in a forest and no one is there to hear it, does it make a sound? If a crime happens and no one reports it, do the police see it? I urge my hon. Friend to encourage his constituents, particularly in rural areas—we have had a number of questions on rural crime today—to report every single crime, because modern policing is driven by data, and if a crime is not reported, as far as the police are concerned, it probably never happened.

[Mr Speaker]

Look out for those trees.

[Sarah Jones (Croydon Central) (Lab)]

As a Croydon MP and the shadow Policing Minister, I pay tribute to Sergeant Matt Ratana for his years of service in my community. Our community spoke as one on Friday both in our grief, but also in our gratitude for the many years of service from a wonderful officer, who was the very best of us, and we will not forget him.

Community policing is the bedrock of our communities, but it has suffered deep cuts. Those cuts have an acute impact in our rural areas, where vulnerability and isolation can be particularly severe. Only one in 14 crimes leads to court proceedings. Most victims get no justice at all. The Government have overseen a cut in the number of police community support officers by nearly 50%, and there are no plans to replace them. What does the Minister say to the victims of crime who deserve justice but under this Government are just not getting it?

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[Several hon. Members rose—]

[Mr Speaker]

I am sorry, but that was the final question, given the length of time we have taken. May I just advise Members that questions and answers should be short and punchy, as we are defeating the idea of topicals, which is why we have not got very far today? I hope that we can learn from today.

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Point of Order

Lindsay Hoyle Excerpts

Friday 25th September 2020 Commons Chamber

[The Minister for Crime and Policing (Kit Malthouse)]

On a point of order, Mr Speaker. I want to bring the House’s attention to the fact that a police officer was sadly shot and killed overnight in Croydon. The details are still emerging, but the Home Secretary has spoken to the Commissioner of the Metropolitan police and offered the help and support of the Home Office as the force comforts family, friends and colleagues and investigates this crime. We ask our police officers to do an extraordinary job. The fact that one of them has fallen in the line of duty is a tragedy for the entire nation. I know that the entire House will offer their condolences to his family, friends and colleagues. May he rest in peace, and may justice follow this heinous crime.

[Mr Speaker]

I thank the Minister for that point of order. It is shocking news. This should never happen to the people who protect us to make us safe. All our thoughts and prayers are with the family and friends and the police community.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

I beg to move, That the House sit in private.

Question put forthwith (Standing Order No. 163), and negatived.

Forensic Science Regulator and Biometrics Strategy Bill

Lindsay Hoyle Excerpts

2nd reading & 2nd reading: House of Commons
Friday 25th September 2020 Commons Chamber

[Kit Malthouse]

I think my hon. Friend has missed his calling: his forensic examination of these documents is to be admired. During the course of the debate I will seek an answer to the question that he raises; I do not have it at the moment. In response to an earlier point that he raised, it is not just the police who are the users of forensic services; very often defence will use them. Having a consistent regulatory environment that is observed by all means that we will get greater consistency in courts, and therefore there will presumably be less time lost—and a saving—in trials that are broken, cracked or have to be delayed because of differences in forensic evidence.

[Mr Speaker]

Just to say the hon. Gentleman’s calling is Friday.

[Sir Christopher Chope]

I am very grateful to my hon. Friend, and I look forward to hearing the outcome of his further enquiries. His strategy seems to be to supress my scepticism by using charm and flattery, which I am sure are important weapons in his armoury.

I am conscious that lots of people want to participate in this debate. I hope we will be able to get on to some of the later debates on the Order Paper, so having expressed some of my scepticism, I will now sit down.

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[Dr Huq]

Goodness me, we live and learn, and we learn a new thing every day. What a gory story. It is sad that we are leaving the European Union, because we had access to all those databases, including Europol’s. I think that is a cause for lament, but that is probably another debate for another day.

[Mr Speaker]

I think we will leave that one there.

[Dr Huq]

Unfortunately, the reality of Britain’s forensic services is far removed from the glamour of “NCIS”. Britain’s Sherlockian sleuths and Clouseauian crime detectives do exist in our police forces, and they do a sterling job, but they have been hampered and held back for years—for at least seven years, as my hon. Friend the Member for Bristol North West said. There are three reasons for that.

First, cuts in police and research budgets have adversely affected spending on private forensics. The hon. Member for Bolton West (Chris Green) attempted valiantly in the previous Parliament to raise that issue. Sadly, the election, which not all of us wanted, put paid to that. Whatever happened to the Fixed-term Parliaments Act 2011? I think it is going soon. Anyway, as he pointed out, expenditure on private forensics has come down from £120 million in 2008 to £50 million at the moment. The House of Lords Science and Technology Committee uncovered those figures last year.

Secondly, there is a lack of competitiveness. Even for fans of the free market, this is not a good way of running the system. The forensics marketplace is in a fragile state, because it is not purely one thing or the other. Thirdly, there is the laxity of the regulatory regime, despite the fact that there is a Forensic Science Regulator. The Bill seeks to address that by calling for a new Forensic Science Regulator, so that our justice system is better equipped to deal with modern crime.

When the regulator itself states that innocent people are repeatedly wrongly convicted and criminals are escaping the long arm of the law due to the failure of the forensic science system to meet basic standards, something has obviously gone very wrong. It is no exaggeration to say that it is positively criminal that the watchdog—currently incarnated as Dr Gillian Tully, who acknowledges this herself—is so toothless, so lacking in cojones, that it is purely advisory. It does not have legal powers to require private providers to meet standards, or to impose fines if they do not meet them.

How did we get here in the first place? It was actually under David Cameron, another PM who swiftly left the crime scene. Paul Roberts, a Nottingham University professor of jurisprudence who specialises in this field said in 2015:

“in a moment of penny-pinching madness that future governments may regard with incomprehension, the UK coalition government closed down the world-famous Forensic Science Service, arguing—quite improbably—that the private sector would fill the gap…this move to free-market forensics is not meeting the justice system’s need for high-quality scientific support and has put in jeopardy long-term forensic research, development and training.”

He laments the closure as part of what he calls a “landscape of ‘austerity justice’”.

[Kit Malthouse]

Although the hon. Lady is right that the Forensic Science Service was closed, and that part of the argument for its closure was the cost, because it was losing significant amounts of public money at the time, there had also been a series of forensic science failures resulting in high-profile abandoned trials, which meant that reform was felt necessary. It was not purely ideological; it was as much a practical and results-driven decision as anything.

[Mr Speaker]

Just for the record, the FSS provided a very good service. The labs at Chorley were fantastic.

[Dr Huq]

I am grateful to the Minister and to you, Mr Speaker, for pointing out what used to go on in the labs of Chorley—not the stuff that happened in Germany, obviously. [Interruption.] This is quite different to the German case.

I do not want to pick a fight with the Minister, because we all agree on this. That article was from 2015, and to be fair, some austerity justice cuts have since been reversed. Fees for employment tribunals have gone. Like the Labour party, the Government are under new leadership, so let us hope we can reverse all those things. We have been told repeatedly that austerity is over, so let us rectify the situation now.

Numerous authorities on the subject, including the National Audit Office and the Science and Technology Committees in this House and the other place, have concluded that our forensic system is close to broken, and that harms the criminal justice system as a whole. Putting the forensic science regulator on a statutory footing is a vital first step to saving the field. As my hon. Friend the Member for Bristol North West pointed out, it is not a panacea, but it is a good start.

Statutory enforcement powers are badly needed in the wake of the weak market that has emerged since the FSS was privatised in 2012. As has been pointed out, 90% of traditional forensic science is delivered by just three large providers, to the detriment of competition and market resilience. Even fans of the free market cannot like the way that is functioning. Large providers are exiting the market left, right and centre, creating system-wide capacity shortfalls and increased turnaround times. Simply put, there is not even a profit motive to uphold the standards of those companies, let alone a powerful watchdog. The rest of forensics is done in-house by police forces, which brings its own set of problems.

In the context of rapid technological change, police forces have reported difficulties in managing increasingly voluminous and unmanageable workloads, particularly in digital forensics. Local police forces cannot realistically be expected to deal with those new forms of crime, or deliver the same high-quality fingerprint evidence that the FSS once provided. They are forced to spin all those different plates at once, and juggle all those balls, some of which come crashing down.

Fewer than 10% of police forces have met basic quality standards for fingerprint evidence. Three years ago, all UK forces were ordered to ensure that their laboratories met international standards for analysing prints found at crime scenes, yet as of last year, only a handful had completed that. Police forces that have failed to obtain accreditation have to declare that in court, which prompts the concern that cases could fall apart because of unreliable evidence.

Police forces are in an impossible catch-22 bind. They can outsource forensics to private providers, which is costly and incurs spending beyond their means, or they can try to cobble something together themselves. With the latter option, police stakeholders are let off the hook in the absence of a regulator that can say, “No, think again.” Outsourcing digital work to unaccredited private labs that are subject to no regulatory oversight runs the risk of punishing police forces when their commercial partners botch things up. The much cited example of Randox Testing Services highlights that point. That private provider was suspended in 2018 after a number of motorists convicted of drug-driving offences were cleared after evidence of manipulation was found in Randox’s testing processes, and there are other examples of serious offences being quashed as a result of faulty data and contaminated evidence. The sector is badly crying out for quality control, rather than unsatisfactory quasi-casino capitalism that does not quite work, fused with police services that are unable to cope.

The public and private arms of the UK’s forensic services are at breaking point. That has led to a mass shortage of skills, particularly in digital forensics and toxicology. No wonder Dr Tully said in February that

“forensic science has been operating on a knife-edge for years”.

When we cut corners in legal matters of this type, it is the public who lose out. It is a false economy for which we all pay dearly. Reliable, high-quality, trusted evidence underpins our justice system in this country. It is simply wrong that victims of some of the most heinous crimes do not see perpetrators put behind bars where they belong, because the evidence was not handled properly. That “anything goes”, sloppy culture has to stop. We should be striving for excellence in every lab, whereas now we do not have a system fit for purpose. We should not be scrimping on justice and putting up with unreliable evidence, as that destroys public confidence in our entire legal system. Saying that the wheels of justice will probably turn is not good enough. We need certainty that justice will be served.

We have heard before that we have had enough of experts, but I am glad that that thinking has given way to following the science. As I say, there is a long list of expert opinion in favour of such legislation. The Minister said it was in his own manifesto—buried away somewhere—and it is good to hear heavyweight Government support for it. As well as reports from the two Select Committees, the FSR’s own annual report this year says that the quality and delivery of forensic science in England and Wales is “inadequate”. This raises alarm bells that crimes may go unsolved and that the number of miscarriages of justice may increase.

I know that, at this time in the cycle, we are all receiving emails from conspiracy theorist types denouncing the Coronavirus Act 2020 as interfering in all our lives. I am no fan of totalitarianism, but on this one, regulation can be a force for good. Clauses 2 to 4 would introduce a code of practice with safeguards and standards, which means protecting consumers and encouraging levelling up—to coin a phrase. That means companies on the wrong side of the regulations will simply go out of business. Clauses 5 to 8 would allow for investigations with a built-in appeals process. Clause 11 defines “forensic science activity” as the application of scientific methods for the purpose of detecting or investigating crime and preparing evidence in criminal procedures, but it is flexible enough that there is scope to expand to areas of civil law, if needed.

Forensic science plays a pivotal role in modern criminal proceedings, and there is an increasing reliance on it. Yet such evidence can be boon as well as bane, because it poses such multifarious challenges when it is unreliable or misleading. Biometrics are not covered by this Bill, although the word is in the title, but we do not want forensics always to be associated with miscarriages of justice, which is in danger of happening. Making provision for the appointment of a beefed-up Forensic Science Regulator, ensuring the regulation of forensic science outfits and requiring the Secretary of State to publish an annual strategy are eminently sensible things. I am delighted that this proposed legislation has so much support from so many powerful quarters, and I, too, commend the Bill to the House.

Channel Crossings in Small Boats

Lindsay Hoyle Excerpts

Wednesday 2nd September 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

In recent months, the UK has seen a completely unacceptable increase in illegal migration through small-boat crossings from France to the UK. This Government and the Home Secretary are working relentlessly to stop these crossings. Illegal migration is not a new phenomenon. Every Government over the last 20 years and more have experienced migrants—often economic migrants—attempting to reach the UK through illegal means. The majority of these crossings are facilitated by ruthless criminal gangs that make money from exploiting migrants who are desperate to come here.

We are working with the National Crime Agency to go after those who profit from such misery. Already this year, 24 people have been convicted and jailed for facilitating illegal immigration. In July, I joined a dawn raid on addresses across London, which saw a further 11 people arrested for facilitating illegal immigration, and £150,000 in cash and some luxury cars were seized. Just this morning, we arrested a man under section 25 of the Immigration Act 1971 who had yesterday illegally piloted a boat into this country. Further such arrests are expected.

These crossings are highly dangerous. Tragically, last month a 28-year-old Sudanese man, Abdulfatah Hamdallah, died in the water near Calais attempting this crossing. This morning, the Royal National Lifeboat Institution has been out in the English channel and has had to rescue at least 34 people, and possibly more, who were attempting this dangerous journey.

These criminally facilitated journeys are not just dangerous; they are unnecessary as well. France, where these boats are launched, and other EU countries through which these migrants have travelled on their way to the channel, are manifestly safe countries with fully functioning asylum systems. Genuine refugees seeking only safety can and should claim asylum in the first safe country they reach. There is no excuse to refuse to do so and instead travel illegally and dangerously to the UK. Those fleeing persecution have had many opportunities to claim asylum in the European countries they have passed through long before attempting this crossing.

We are working closely with our French colleagues to prevent these crossings. That includes patrols of the beaches by French officers, some of whom we fund, surveillance and intelligence sharing. Over 3,000 crossing attempts were stopped this year alone by the French authorities, and approaching 50% of all crossing attempts are stopped on or near French beaches. This morning alone, French authorities prevented at least 84 people from attempting this crossing, thanks in significant part to the daily intelligence briefings provided by the National Crime Agency here in the United Kingdom.

It serves both French and UK interests to work together to cut this route. If this route is completely ended, migrants wishing to come to the UK will no longer need to travel to northern France in the first place. We are therefore urgently discussing with the French Government how our current plans can be strengthened and made truly comprehensive. We have already in the last two months established a joint intelligence cell to ensure that intelligence about crossings is rapidly acted upon, and this morning’s interceptions on French soil are evidence of the success of that approach.

It is also essential to return people who make the crossings where we can, and we are currently working to return nearly 1,000 cases where migrants had previously claimed asylum in European countries and, under the regulations, legally should be returned there. Last month, my right hon. Friend the Home Secretary announced the appointment of former Royal Marine Dan O’Mahoney as clandestine channel threat commander. He will collaborate closely with the French to build on the joint work already under way, urgently exploring tougher action in France, including—

[Mr Speaker]

Order. Advisers should know that it is three minutes; we are now nearly on five. I do not understand how the mistake has come about.

[Chris Philp]

Mr Speaker, I sincerely apologise. In that case, let me conclude by saying that these crossings are dangerous, illegal and unnecessary. They should simply not be happening, and this Government will not rest until we have taken the necessary steps to completely end these crossings.

--- Later in debate ---

[Chris Philp]

My hon. Friend is right in his analysis. National Crime Agency officers are embedded in law enforcement units around Europe and beyond to track down these criminal gangs. It is not just an issue in the UK and France. These criminal networks extend throughout Europe, through countries such as Germany, Italy and Greece, often through Turkey and thereafter into the middle east. The National Crime Agency and others are working tirelessly with other law enforcement agencies to crack down on these gangs in exactly the way he describes.

[Mr Speaker]

If we are going to get everybody in, we will have to speed up questions and answers.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Just last week, the Minister’s Department posted a video attacking so-called “activist lawyers”. Does he understand that Trumpian language like that and other comments in the Chamber today risk stoking further divisions and tensions? Will he apologise for demonising both asylum seekers and lawyers acting on their behalf in saying that they were trying to “undermine” the rule of law? Will he at least introduce safe passages to prove that this is not a dystopian Government?

--- Later in debate ---

[Chris Philp]

I completely agree. I think European Governments have a moral obligation, as much as anything else, to join us in the work we are doing to put these dangerous and ruthless gangs out of business. They are taking the most vulnerable people, exploiting them, abusing them and taking money from them. It is completely unacceptable. We are going to take the action that we need to on our side of the channel, and I hope that other Governments around Europe do exactly the same.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.