Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 2 months ago)
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Andrew Western (Stretford and Urmston) (Lab)
The Parliamentary Under-Secretary of State for Justice (Laura Farris)
Thank you, Mr Speaker.
Since 2010, this Government have transformed the legislative landscape on tackling violence against women. We have created new criminal offences of stalking, non-fatal strangulation and coercive control, recognising that the most pernicious abuse is not always physical. We have implemented comprehensive modern slavery and domestic abuse laws, and outlawed insidious harms, such as revenge porn and the so-called “rough sex” defence to murder. We are prosecuting more rape cases today than in 2010, with sentences that are about 50% longer. But we are going further still, in our Sentencing Bill, our Criminal Justice Bill and our Victims and Prisoners Bill.
Laura Farris
The hon. Lady makes an excellent point. There is no doubt that some of the toxic content, including violent pornography, has a serious impact on the way that women and girls are treated and the attitudes that certain men have towards them. As she will know, the Online Safety Act 2023 only received Royal Assent a month ago, and there is an extended implementation period. She will also know, I hope, that one of the later amendments to the Bill accepted by the Government placed a statutory obligation on Ofcom to publish guidance which summarises the measures that all online services need to take to reduce the risk of violence to women and girls. That is not on its own, but in consultation with the Domestic Abuse Commissioner, the Victims Commissioner and other experts. The Act also places an obligation on social media and pornography providers to prevent children from being exposed to harmful content through new and robust age verification exercises—
Laura Farris
This is an issue that the Law Commission is looking into, and it already appears in our Victims and Prisoners Bill, so that such requests will never be more than necessary and proportionate. On the subject of whether there should be a dedicated legal adviser, I respectfully draw the hon. Gentleman’s attention to the fact that since 2010, there are now 950 dedicated independent sexual violence advisers, who can support victims of rape and serious sexual abuse every step of the way. We have quadrupled victims funding to ensure that we continue to grow that cohort.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I warmly welcome my hon. Friend to her place on the Treasury Bench; it is much deserved, and she was a distinguished member of the Justice Committee. She will know from that time that much work has already been done, following on from Operation Soteria, to improve investigation, conviction and prosecution rates and the victim experience in relation to rape and serious sexual offences. Will she also bear in mind that there are further opportunities, which we highlighted as a Committee in our scrutiny of the victims element of the Victims and Prisoners Bill, to improve the victim experience and ensure that it is consistent across the whole country?
Laura Farris
I thank my right hon. Friend for his question. The David Fuller case is appalling, and I send my deepest sympathies to the families of his victims. It is unbelievably dispiriting that we are even having to talk about these acts, and of extending the definition of abuse to meet the width and depravity of his crimes.
As my right hon. Friend will know, the offence he is referring to is dealt with in section 70 of the Sexual Offences Act 2003. As a result of the David Fuller case, the Ministry of Justice is now reviewing both the maximum penalty and the scope of the law to ensure that what my right hon. Friend describes is adequately captured. Of course, I will have a meeting with both him and my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) in due course.
Chris Stephens (Glasgow South West) (SNP)
I join others in welcoming the Minister to her place. A victims Bill has been promised by the Conservatives since 2016, but while the UK Government have dithered, the Scottish Government have introduced the Victims, Witnesses, and Justice Reform (Scotland) Bill, which seeks to put victims and witnesses at the heart of the justice system. It ensures that a range of trauma-informed support is available to child victims of violent and sexual abuse crimes, allowing them to give pre-recorded evidence without needing to go to a police station or a court. Have the Minister and the Government considered adopting that approach?
Mike Freer
The question about the Home Office is one the hon. Member may want to raise with Home Office Ministers themselves. On access to legal aid, I would not say that £2 billion of legal aid means this is under-resourced. This year alone, we have continued to increase levels of legal aid across the board, and specifically in specialist areas such as immigration, so I reject the notion that it is underfunded.
Chris Stephens (Glasgow South West) (SNP)
The Lord Chancellor is currently facing a judicial review over the failure to ensure that immigration legal aid is available to those who need it. For example, the south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm has capacity for almost 500. Is this not an abject failure of the legal aid system? It is operating exactly how the Government have designed it to: abandoning the most vulnerable to navigate a complex and hostile environment without any recourse to legal representation. Is this moral bankruptcy or incompetence, or is it a combination of both?
Alex Chalk
I am proud of the fact that, unlike the previous Government, we are rolling out a prison expansion programme—something that entirely defeated the Labour party when it was in office. Labour said it was going to roll out three Titan prisons. How many did it produce? Absolutely none. On bail, it is the case that the number of those awaiting trial is higher, and up by 6,000 compared with the pre-covid period. That is why this Government are expanding capacity on the estate. We have 1,000 more judges, we are increasing the amount of legal aid, and we are ensuring that when people come to be sentenced, unlike under the Labour Government, they are going to prison for longer.
Kevin Brennan (Cardiff West) (Lab)
The Secretary of State’s emergency early release scheme is meant to tackle a capacity crisis that is entirely of this Government’s making, and it excludes only serious violence. Surely domestic abuse and stalking are serious offences, yet they are not excluded from early release. What kind of signal does that give to victims, the public, and indeed perpetrators of violence against women and girls?
Alex Chalk
We will make whatever appropriate announcements in due course; we will not demur from that. We will also not apologise for having, under this Government, a higher custodial population than before. We are taking robust steps to ensure that the public are protected, which means unashamedly that those who commit the most serious offences—those such as murder in the context of sexual or sadistic conduct—go to prison for the rest of their lives. Will the hon. Member support that? I wonder. We are also using the evidence so that those capable of rehabilitation are rehabilitated. One thing that we will not ever put at risk is the threat to women and girls. As the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury (Laura Farris), indicated, we have taken steps to ensure that victims of domestic abuse will be properly protected under the Government.
Sir Desmond Swayne (New Forest West) (Con)
Edward Argar
In a previous life as a Minister, as it were, I had youth justice in my portfolio back in 2018-19, and I had the opportunity to visit Feltham at that time. I worked with Charlie Taylor on delivering those recommendations into practice. I am pleased to tell the hon. Lady that we anticipate the first secure school opening in 2024.
Janet Daby (Lewisham East) (Lab)
Thank you, Mr Speaker. Education is vital to reduce violence, especially on the youth estate. However, violence on the youth estate is skyrocketing. Since last year, assaults on staff have increased by 33%. That puts prison staff at risk in their workplace and increases the trauma experienced by children and young people. It can also prolong their rehabilitation. How will the Minister use education and other methods available to him to reduce that violence?
Alex Chalk
Those who behave in such an appalling way should expect to feel exactly that: the full force of the law. Let me be crystal clear: those who pose a particular threat to individuals can expect to hear the clang of the prison gate. Those who commit offences while subject to an order—be it, for instance, a community order, a stalking prevention order or a domestic abuse protection order—can also expect to be outwith the presumption. Through the use of tags, we can ensure that people who do not abide by stringent requirements—which, by the way, could include not going to a particular shopping precinct—can expect one outcome, and one outcome only: prison.
Ruth Cadbury (Brentford and Isleworth) (Lab)
In response to the question from my hon. Friend the Member for Cambridge (Daniel Zeichner), the Secretary of State said that he had recruited 1,000 additional probation officers, but in fact that recruitment campaign has resulted in 76 fewer probation officers between March last year and March this year. Owing to the excessive workload, staff are leaving in droves. The proposed new presumption in favour of extended sentences and the extension of electronic monitoring will simply offload more pressure from prisons on to the probation service, will it not? What are the Government doing to address these issues of excessive workload and the loss of probation staff?
Alex Chalk
My hon. Friend speaks with great authority as a magistrate, and I know from my own experience as a practitioner how important stand-down reports are. They provide the bench with information about the offender—their relationship situation, their record of previous convictions, their mental health problems and so on—so that the court can tailor a disposal that punishes the offender but also progresses their rehabilitation. We are working closely with the probation service to ensure that that resource is properly allocated so that we can have more stand-down reports to ensure better justice on the facts of each case.
Alex Cunningham (Stockton North) (Lab)
Contrary to the claims of Ministers at every Question Time that they are getting the courts backlog sorted out, they are not, and the pain just drags on for victims. The Crown court backlog reached a record 65,000 cases at the end of June. Nearly 5,000 of them have been waiting for two years and 36,000 cases have defendants on bail. Why are things still getting worse?
Sir Michael Ellis (Northampton North) (Con)
Does my right hon. and learned Friend agree that the judiciary must not make incendiary comments about Israel? At Walsall magistrates court, a district judge recently acquitted defendants who had vandalised a factory, believing it to be supplying Israel, and is reported to have told them their action was
“proportionate in comparison to the crimes against humanity which they were acting to stop.”
Does he agree that judges are supposed to uphold the law, not encourage its breach? This brings our legal system into ill-repute, so will he take this from me as a complaint to the Judicial Conduct Investigations Office?
Mr Speaker
Order. We are not meant to criticise the courts, and I know that such a learned Gentleman will know better; I am sure we can avoid any criticism.
Alex Chalk
I simply note the question. Plainly, I make no comment on the specifics. I have heard my right hon. and learned Friend’s point, and I will happily take it up with him subsequently.
Violence Reduction, Policing and Criminal Justice
Lindsay Hoyle Excerpts(2 years, 3 months ago)
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David Mundell (Dumfriesshire, Clydesdale and Tweeddale) (Con)
A number of Members have referenced the appalling practice of spiking, so I will begin by commending my constituents Mandy and Colin Mackie, who founded Spike Aware UK following the tragic death of their son, Greg, who had his drink spiked. I support their campaign to have a law criminalising spiking introduced in Scotland and the rest of the United Kingdom.
There was much to welcome in the Gracious Speech, particularly the strong focus on tackling crime and keeping communities safe from crime and antisocial behaviour. The proposed measures for ensuring tougher sentencing for the most serious offences and increasing the confidence of victims will, I am sure, receive strong support not just from Members on the Government Benches, but across the country.
The devolved nature of policing and justice in Scotland means that my constituents and everyone living in Scotland will not automatically get the benefit of those changes. That would require equivalent action from the Scottish Government, who have responsibility for policing, tackling crime and the justice system. The experience of my constituents and of communities across Scotland is that when it comes to these matters, SNP Ministers promise big but deliver small.
On police numbers, for example, the SNP Government came to power in 2007 on a commitment to recruit and maintain 1,000 extra police officers over and above the 16,234 full-time equivalent officers who were then in place. Sixteen years later, the number of police officers in Scotland is a little over 16,000—right back to where we started from. In the words of David Kennedy, the general secretary of the Scottish Police Federation:
“The state of affairs in Scotland for policing at the moment is pretty bleak.”
There are fewer cops on the street. When we ask around, people no longer see the police on the streets. From my own contact with constituents, I know just how much they value and respect the work of officers working in their communities, but time and again concerns have been raised with me that there is simply not an adequate number of police officers working within local communities to provide them with the reassurance they need and deserve.
I have been given that clear message most recently by local people in Peebles and Gretna in my constituency, where concerns have been put to me over the increased disorder and other types of antisocial behaviour. Continuing reports from those communities and others of antisocial behaviour, drug dealing and vandalism are worrying, and they are clearly making life miserable for the law-abiding majority. There is no doubt that the Scottish Government have not been providing Police Scotland with the resources it needs to properly respond to crime or to be as visible as local people expect.
The truth is that the SNP knows that is the case. Speaking in the Scottish Parliament just a month ago, Emma Harper, the SNP MSP for South Scotland, said:
“I understand that V division in Dumfries and Galloway is struggling to meet the demands of its large rural region with the current number of officers… What specific action is being taken”—
by the Scottish Government—
“to recruit police officers to rural areas such as Dumfries and Galloway as a priority?”—[Scottish Parliament Official Report, 25 October 2023; c. 22.]
Ms Harper is entirely right to be asking why the Scottish Government have not taken the urgent action needed to recruit and maintain police officers in communities such as the one I represent.
My constituency is covered by three police divisions. In Dumfries and Galloway, there was a total resource complement of 392 officers in 2019. Three years on, that has dropped to just 354. In Lanarkshire, three years ago there was a total complement of 1,404; it is now 1,366. In Lothian and Borders, in 2019 there was a local complement of 946 officers, which has now fallen to 907. It is the same picture right across Scotland.
I will therefore use this occasion to urge the Scottish Government to take a page from the King’s Speech and give a proper focus to keeping communities safe from crime and antisocial behaviour, ensure tougher sentencing for the most serious offenders, rebalance the justice system to put the rights of victims over those of criminals, and restore the proud tradition of community policing, which has served constituencies such as mine so well over the years, by giving our police the resources and increased manpower they need to do their job and keep local people safe.
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 5 months ago)
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Damian Hinds
I am grateful to the hon. Gentleman who I know takes a very close interest in these matters, and rightly so. I commit to working in partnership with unions and other representative bodies and others to make sure that we have the right support for this service. Let me reassure him that recruitment to the probation service has been very encouraging over the past three years and we have managed to exceed our stretching recruitment targets.
Ruth Cadbury (Brentford and Isleworth) (Lab)
Thank you, Mr Speaker.
In July, His Majesty’s Inspectorate of Probation reported that it had found that far too many potential victims of domestic violence are at risk from those on probation due to wide-ranging systemic failures in the service. Furthermore, the chief inspector of the probation service said that things have deteriorated since the 2018 report into the probation service. Is the Minister not concerned that, once again, after 13 years of Conservative rule, things are continuing to get worse for victims of domestic violence?
Damian Hinds
We were talking about employment on release, but what the hon. Gentleman raises is incredibly important. I have visited Wormwood Scrubs. Rates of self-harm are unacceptably high. They vary by place. In the women’s estate, we have a particular issue with self-harm. We are working closely with the national health service, which provides mental health support in prisons. I am absolutely determined that we bring down levels of self-harm.
Mike Freer
The hon. Gentleman has campaigned on that issue for some time, and I have met his colleague, the hon. Member for Edmonton (Kate Osamor), to discuss it. The data collection does not support the identification of cases relating to joint enterprise, but I understand that the Crown Prosecution is now doing an exercise on better data collection to see whether the issue that he continues to raise, quite rightly, is borne out by the data, and we can see what action we might take to address any injustices.
Mike Freer
The hon. Gentleman raises a good point. We have more recently seen the Scottish Government attempt to railroad the rest of the UK on gender recognition. It is better when our legislatures work in tandem for the benefit of all parties, not when Scotland tries to disrupt other parts of the United Kingdom with ill-thought out legislation.
Chris Stephens (Glasgow South West) (SNP)
The Government will amend the Misuse of Drugs Act 1971 this afternoon. That 50-year-old piece of legislation controls the shape of Scotland’s criminal justice system to punish drug addiction with the full force of the law rather than treat users, in health settings, as addicts with health conditions. What conversations has the Minister had with Cabinet colleagues in the Scottish Government on introducing a safe drug consumption room pilot in Glasgow?
Damian Hinds
We continue to upgrade the prison estate. As I say, we are investing in 20,000 new places—the biggest expansion in the secure estate since the Victorian era. At the same time, we have been taking out some of our most overcrowded and unsuitable prisons. In the last financial year, we took out 1,900 places, and we are investing £168 million in custodial maintenance for 2023-24 and 2024-25.
The hon. Lady mentioned reoffending. There is no good level of reoffending but zero, but I am pleased to be able to report good progress on reoffending, which has been coming down as a result of more ex-offenders getting into employment, fewer of them being homeless and more being able to get suitable, good treatment for addiction.
Sir Robert Neill (Bromley and Chislehurst) (Con)
The Justice Committee is proposing to hold an inquiry into future prison population and estate capacity, and I look forward to the Minister giving evidence to us about that. He will know that that is prompted in part by concerns that overall overcrowding in the adult male estate is some 23%, and it is much worse in many of the old local prisons. While he is right to draw attention to the Government’s new prison building programme, even if that were all completed on time, there would, according to figures we have seen, be a shortfall in March 2025 of about 2,300 places as against anticipated demand. What is going to be done to deal with that? Should we have a proper conversation with the public about what is a reasonable expectation of what can be done in prisons, what is the best use of prisons and who should be there?
Edward Argar
I am grateful to the hon. Gentleman, particularly for the dexterity with which he got Harrow Crown court in. He is right to highlight that case. I understand that remedial work is under way and that cases listed there have been transferred to other London courts to ensure they still continue to be heard. I understand from the Under-Secretary of State for Justice, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), that the indicative timescale to complete the works is six to nine months.
Mr Speaker
I welcome the shadow Minister, Kevin Brennan. It will be quieter on the Back Benches but no doubt he will make up for it on the Front Bench.
Kevin Brennan (Cardiff West) (Lab)
Thank you, Mr Speaker. I suspect the Minister might anticipate what I am going to ask him because I am beginning to think the Department should be renamed the Department for Justice Delayed. Labour proposed that we change the law on attending sentencing back in 2022, and just last month the Leader of the Opposition said that we were prepared to amend the relevant legislation if there was no action, so why is it taking so long for the Government to intervene on behalf of victims and their families?
The Minister of State, Ministry of Justice (Edward Argar)
I am grateful to my right hon. Friend, who I know takes a keen interest in this issue. The safety of our roads is a key objective for the Government, and protecting all road users is a priority. Like all road users, cyclists have a duty to behave in a safe and responsible manner. While laws are in place for cyclists, they are old and it can be difficult to successfully prosecute offences. That is why Department for Transport colleagues are considering bringing forward legislation to introduce new offences concerning dangerous cycling to tackle those rare instances where victims have been killed or seriously injured by irresponsible cycling behaviour.
Shabana Mahmood (Birmingham, Ladywood) (Lab)
I thank the Minister for the update about Daniel Khalife, but the fact remains that HMP Wandsworth has been a known problem for the best part of a decade, with a litany of failures including overcrowding, staffing and security issues. Khalife is not even the first escape from Wandsworth; there was an incident in 2019, which the chief inspector of prisons said was the result of a “serious security breach”. Why, after so many warnings about Wandsworth, have the Government failed to act?
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 7 months ago)
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Alex Chalk
I am grateful to the hon. Gentleman and will be happy to meet him to discuss that. I am glad that he paid tribute to prison officers, who do spectacularly important work. One thing I am proud of delivering is body-worn video cameras for all of them, because that is so important for de-escalating volatile situations and potentially gathering evidence so that they can see justice done.
Joint enterprise is a sensitive issue. I know that the hon. Gentleman takes a proper interest in it, but it is the legal doctrine that ensures that the getaway driver does not avoid culpability, that the lookout of the armed robbery is also culpable, and that the person who supplies the murder weapon, knowing that it will be used in that offence, also cannot escape liability. The Court of Appeal has considered this at some length in the case of Jogee, and we have to be very careful before seeking to recalibrate it. However, I am happy to discuss it with the hon. Gentleman at a time of his choosing.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I am sure that the Lord Chancellor, as well as thanking the current Lord Chief Justice for his work, will welcome the appointment of Dame Sue Carr as the first woman Lord Chief Justice of England and Wales and look forward to working with her, too. Does the Lord Chancellor agree that one of the real areas of concern and pressure on prisons is the growth in the remand population? In January, before he was appointed to office, the Justice Committee produced a report on remand, from which some recommendations were accepted and some were not. Will he revisit some of those recommendations and see what more we can do to bear down in particular on the growth in remand for people who after all have not yet been convicted?
Alex Chalk
Those are excellent points. Let me begin by joining my hon. Friend in welcoming Dame Sue Carr, whose appointment has been hugely welcomed across the political spectrum, across the legal sector and beyond. I also pay tribute to Lord Burnett. I think I speak on behalf of everyone in the House in saying that there is nothing but regard and respect for the contribution that he has made.
On remand, my hon. Friend is absolutely correct. It is worth reflecting that, compared with the pre-pandemic period, there are between 4,500 and 5,000 more of those people in custody. As he rightly pointed out, they have not been convicted of any crime. Technology, such as electronically monitored tags, can be of assistance. It is for the bench or the Crown Court judge to decide whether there are reasonable grounds to believe that, if released on bail, that person would commit further offences or fail to surrender, but I know that the courts will want to bear the technological options in mind.
Ellie Reeves (Lewisham West and Penge) (Lab)
Over the past 10 years, more than 3,000 prison places have closed and community sentences have halved, and the three new prisons planned will not open before 2027 at the earliest. No wonder we have a prison capacity crisis, with the Government having to commandeer police cells and judges being told to jail fewer people. How can the public have faith that they will be protected and that crime will be punished when that is the Government’s record?
Mr Speaker
Order. We are 10 minutes in and still on question 1. I want to make sure that we get everyone in.
Paul Holmes (Eastleigh) (Con)
Alex Chalk
The hon. Gentleman is right to raise this matter. Yes, we will be robust, but we will also be fair, and being fair means ensuring that basic standards relating to human behaviour and the way we treat our fellow human beings are upheld. When, as part of our robust arrangements with Albania, 200 of the most serious offenders—each costing us about £40,000 a year—are transferred there, that will happen in a dignified and appropriate way, and they will be serving in conditions with which both the hon. Gentleman and I will feel comfortable.
Alison Thewliss (Glasgow Central) (SNP)
The UK Government are reportedly paying jailed Albanian offenders £1,500 to return to their country of origin as part of an early release scheme. Can the Secretary of State tell us how many of those whom he has sent back have been eligible for that money, and how—given that one of them has told the BBC that he plans to come back to the UK within days or weeks of his release—he can be sure that this scheme is an effective deterrent?
Mike Freer
My hon. Friend raises a good point. On the roll-out of pre-recorded cross-examination—known as section 28—to victims of sexual and modern slavery offences in all Crown courts in England and Wales, this has been available to children and vulnerable adults since November 2020. It is particularly important with those vulnerable witnesses to ensure that their evidence is taken while it is fresh. The impact of that on speeding up cases is important. Rolling it out across the whole estate may mean that the impact of that evidence is diminished. That is why it is part of a programme—not just section 28 video recording, but the work we are doing on capacity and judicial recruitment. It is a package.
Alex Cunningham (Stockton North) (Lab)
I wonder whether the Minister has considered the Magistrates Association report “Inaccessible courts: a barrier to inclusive justice”, which shows that magistrates courts in England and Wales have serious accessibility failings. It says that impacts on the efficiency and fairness of the justice system and undermines efforts to recruit a more diverse magistracy. One in five magistrates courts do not have level access. In 30% of courts, magistrates with a disability cannot sit in some or all of the courts in the complex. A third of courts do not have accessible toilets for them, and half do not have hearing loop systems installed or operating. Just what has happened to all that cash the Government claim to be investing? It certainly is not addressing the basics.
Edward Argar
I am grateful to my hon. Friend, who is a champion for rural and coastal communities in all aspects. The Government take seriously the experience of victims across the country, no matter where they live. In addition to the measures I have just set out, the Crown Prosecution Service supports victims of crime from remote and rural areas, with victims being able to claim back travel expenses when they need to travel far to attend court. We recognise the challenges of rurality, which is why the MOJ’s sexual violence service design and delivery team has regular engagement with the National Rural Crime Network and is a member of the NRCN’s domestic violence working group.
Anna McMorrin (Cardiff North) (Lab)
This week, it has been three years since the harm panel’s report found a serious risk of harm to victims of domestic abuse and their children in the family courts, yet we have seen that nothing has changed. Heartbreakingly, the experiences of victims in the family courts all read the same: the mother criminalised, the children ignored, the father excused. One 10-year-old girl disclosed to the guardian assigned to her case that her father had sexually abused and assaulted her. The guardian dismissed this and, instead, read a book to her, saying that her mother had made it up and her father had done nothing wrong. With no definition of rape or consent in statute in the family courts, when will the Government put a stop to this national scandal?
Ellie Reeves (Lewisham West and Penge) (Lab)
I have listened to what the Secretary of State has said, but the Government have had 13 years to compel criminals to attend courts to hear their sentences. The Government’s failure to do that has meant that in the last year alone the killers of Olivia Pratt-Korbel, Zara Aleena and Sabina Nessa have all avoided hearing their sentences, and avoided hearing the impact that their callous crimes have had on the families left behind. Will the Government urgently make this simple change, and stop cowardly offenders from evading their sentencing hearings?
Alex Chalk
We keep all these matters under review and my hon. Friend will know well that the role of a knife in the commission of criminal offences is already reflected in the criminal justice sentencing rules. For example, the starting point for a murder that is committed with a knife that is brought to a scene is considerably higher than it is in other circumstances. We also wish to ensure that knives do not get into prisons, which is why, as part of our £100 million security investment programme, we have funded enhanced gate security in 42 high-risk prison sites. On the issue of sentencing, we keep all matters under review, and I would be happy to discuss that with my hon. Friend.
Steve Reed (Croydon North) (Lab/Co-op)
May I add my congratulations to Dame Sue Carr on her historic appointment?
When he was Chancellor, the current Prime Minister let the murderous boss of Russia’s mercenary Wagner Group, Yevgeny Prigozhin, bypass sanctions so that he could abuse our courts to silence a British journalist who was exposing his crimes. Why did the British Government side with this Russian war criminal over the British press?
The Minister of State, Ministry of Justice (Edward Argar)
My hon. Friend is absolutely right to highlight this issue. We yesterday tabled an amendment to the Online Safety Bill that would create a new offence of encouraging or assisting serious self-harm, whether by verbal or electronic communications, publication or correspondence. That fills a gap in the law and, together with the broader regulatory measures in the Bill, it will help to protect people from such content. It remains our intention, however, when parliamentary time allows, to expand the offence to cover encouragement or assistance given by means other than such communications, which are currently out of scope of the Bill.
Alison Thewliss (Glasgow Central) (SNP)
Anyone’s Child has a mass lobby of Parliament today, calling for reform of the UK’s failed and outdated drugs laws. Will a Justice Minister be meeting anybody from Anyone’s Child to hear their case for supporting, not punishing, those who take drugs and their families?
Mike Freer
I am more than happy to look at any specific proposals to see how we can improve the process of inquests and inquiries. Of course, my door is open if the hon. Gentleman wishes to have a more detailed discussion.
Jim Shannon (Strangford) (DUP)
I am never one to miss an opportunity—thank you very much.
Does the Minister believe that there is a greater role for youth justice agencies to be involved at early stages, eliminating the need for repeated court dates if arrangements can be made with victims of crime and the offender support network to agree a mechanism of reparation and rehabilitation to reduce small offence cases in court? Do it simply—that is really what I am asking.
Abortion: Offences against the Person Act
Lindsay Hoyle Excerpts(2 years, 8 months ago)
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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.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Speaker
Before we come to the urgent question, I must tell the House that it is very possible that an appeal against the sentence will be made. While I am content for the House to discuss the general issues, Members should avoid commenting on the specific sentence in this case. They can, of course, discuss the changes they would like to see made to the law. I also remind Members that they must not criticise judges in particular cases.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on section 58 of the Offences against the Person Act 1861.
Edward Argar
What debates are scheduled in Government time is a matter for the Leader of the House, who is in her place and will have heard my right hon. Friend’s representation, on which I am sure she will reflect.
Thangam Debbonaire (Bristol West) (Lab)
I thank my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) for this vital urgent question, where she has highlighted the current problems clearly.
On behalf of colleagues, let me say that this is a shocking, tragic and complex case. Three children have been left without a mother. Women should be able to get access to safe, legal abortion. We are worried that this judgment will deter women from seeking urgent medical and healthcare support that they need—that is paramount. Of course, there need to be safeguards and time limits in place, to prevent late-term abortion, which does mean there needs to be some kind of legal framework. However, we do not want to see vulnerable women serving prison sentences or being prosecuted when it is not in the public interest to do so.
I ask the Government to work with us to look at options to prevent an awful case such as this from happening again. More immediately, I ask that the Sentencing Council looks at this case to stop this sort of circumstance, with this sort of sentence. It needs to do that because no guidelines are in place for this section of the 1861 Act and it needs to produce up-to-date guidance. We should not have vulnerable women sent to prison like this.
The Director of Public Prosecutions must also review the guidance on public interest prosecutions. Will the Government review the legal framework to see how best to ensure that women are not deterred from seeking medical and healthcare advice, while keeping proper safeguards in place? We will, of course, work with the Government, on a bipartisan basis.
The Minister has said that this a matter of conscience and for a free vote in the House, so I know that there will be Ministers who have been absent or opposed action to improve access to abortion. In the wake of this awful case, I hope that the Government will be in a position to take action, at least on sentencing guidelines. This is too important an issue to play politics on. Labour is willing to work with the Government. We ask them to note that the legal framework currently has two legal frameworks: one for Northern Ireland and one for the rest of the UK. [Interruption.] And I thank the Speaker for his indulgence. [Laughter.]
Edward Argar
I am grateful to my right hon. Friend; his remarks highlight that there are strongly and sincerely held views on both sides of this debate, and it is right that those views are respected and able to be aired in Parliament. In noting that, all I would say on his final point is that although I respect his view, the House did debate that matter, and it expressed its view and voted accordingly.
Alison Thewliss (Glasgow Central) (SNP)
The Royal College of Obstetricians and Gynaecologists has stated its belief
“that prosecuting a woman for ending their pregnancy will never be in the public interest.”
Even though the Offences Against the Person Act 1861 is England and Wales legislation, constituents of mine, and I know of other MPs in Scotland, have been in touch concerned about this shocking case and the precedent that it sets in a worldwide context of erosion of women’s bodily autonomy. Abortion is a devolved matter and the SNP remains committed to protecting the legal right to essential healthcare, which is what abortion services are, safely and free from stigma. I hope to see more progress in Scotland on this area. I welcome that today sees the lodging of the final proposal for MSP Gillian Mackay’s private Member’s Bill on buffer zones in Scotland and I wish her all the best with that.
Is the Minister concerned that this judgment may create a chilling effect on women accessing healthcare services and, given the outrage that the judgment has caused, would he support decriminalisation to prevent this from ever happening again?
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mike Freer
We appreciate all the issues raised by my hon. Friend, who has been a long-term campaigner on family law. I guarantee that either a senior official or a Minister will attend that meeting.
Alex Cunningham (Stockton North) (Lab)
We have heard the human cost of the Government’s policies, but I have had the pleasure of facing several—four or perhaps five—Justice Ministers across the Dispatch Box who claimed they would sort out the courts backlog. They have all failed. Contrary to what the Minister said, Crown court cases increased by 6% on the previous year in February: up 3,500 to nearly 61,000. Magistrates court cases were up 1,600 to more than 345,000. President of the Law Society Lubna Shuja has said:
“The data cuts through the rhetoric and clearly shows that delays in the criminal justice system aren’t coming down anytime soon.”
What new rhetoric does the Minister have today?
Mike Freer
Well, they are working. The hon. Gentleman will not want to admit it, but if he waits to see the facts when they are published, I hope he will then realise that we are taking tangible action to improve the capacity of our courts.
Mr Speaker
Don’t forget that Chorley court is still empty—we’ll take the capacity problems that Preston has.
Dean Russell (Watford) (Con)
Alex Chalk
Respectfully, the hon. Gentleman may not have quite read the entirety of the Bill, which makes it clear that in appropriate cases where there is an imminent risk of serious and irreversible harm, there will be the opportunity to make those points. He mentions Magna Carta; Magna Carta also includes the right to be tried by a jury of one’s peers, which he apparently wants to get rid of. I am interested to note that one of the most effective critics of that proposal was none other than the most eminent Scottish jurist Lord Hope of Craighead.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
I start by congratulating the new Justice Secretary on his appointment: he has always come across as a measured and principled parliamentarian, and someone who is very serious about the rule of law. But what better way to trash that hard-earned reputation than by penning a joint opinion piece with the Home Secretary in defence of the outrageous Illegal Migration Bill, which blatantly trashes four international rights conventions and which the Law Society itself has warned has serious implications for the UK’s standing as a country that upholds the rule of law? Why is the Justice Secretary defending the Home Secretary instead of the rule of law?
Alex Chalk
Human rights are important. I refer the hon. Lady to the answer I gave a few moments ago.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I have already welcomed the Lord Chancellor to his position. He will know that, “If it ain’t broke, don’t fix it” is not a legal maxim, but it is still a sound one that may apply in this case. If it were thought necessary to make changes to the human rights regime in this country, perhaps the report of Sir Peter Gross offers a better way forward, but does he also agree that his Department’s important priorities are those that affect people’s day-to-day lives in their interactions with the justice system? Ensuring that we have fully efficient and working court systems and an efficient and human prison system may therefore be higher priorities. Perhaps meeting the Bar Council and the Law Society to iron out the remaining matters from the Bellamy review and ensuring that we have a proper prison workforce strategy, rather than legislating, may therefore be his best priorities—
Alex Chalk
My hon. Friend makes powerful points, and they are borne very much in mind.
Ellie Reeves (Lewisham West and Penge) (Lab)
I welcome the Justice Secretary to his place. Positive obligations are a cornerstone of the Human Rights Act 1998. They mean that the state must protect as well as refrain from restricting our rights. The victims of the black cab rapist John Worboys used these obligations to hold the police to account for failing to properly investigate more than 105 alleged rapes and sexual assaults perpetrated by him. How can this Government be trusted on ending violence against women and girls when the previous Justice Secretary, the right hon. Member for Esher and Walton (Dominic Raab) wanted to rip up that Act and those obligations? Will the new Justice Secretary commit himself to protecting them and the rights they give to victims?
Alex Chalk
The rights that the hon. Lady refers to derive from the European convention on human rights: the right to life, the privilege against torture and inhumane or degrading treatment, the right to a fair trial, the right to a family life, and so on. Those stand apart from the Human Rights Act, but she is correct to say that they are important rights. The only thing I would take issue with is where she talks about violence against women and girls. It is the Conservative party that made coercive and controlling behaviour a criminal offence—Labour did not. It is this party that made stalking a criminal offence—Labour did not. It is this party that made non-fatal strangulation a stand-alone criminal offence—Labour did not. And it is this party that passed Acts such as the Domestic Abuse Act 2021 and will pass Acts such as the Victims and Prisoners Bill to ensure that victims are properly served.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
If the right hon. and learned Gentleman wants to be seen as a Justice Secretary who will stand up for the rule of law and access to justice, he should be putting the greatest possible distance between himself and the dreadful pet project of his predecessor by disowning the Bill of Rights altogether. Importantly, will he stop that Bill being split up and dropped into other pieces of legislation, as we have already seen with the Illegal Migration Bill? Instead of undermining respect for international rights, why does he not work to incorporate more rights into domestic law, such as the UN convention on the rights of the child?
Rob Butler (Aylesbury) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Sorry, Mr Speaker; I was so excited giving that last answer. SLAPPs involve abusing the legal process to shut down legitimate investigations and criticisms that wealthy individuals might find inconvenient. We will introduce a new statutory definition, an early dismissal process to strike out SLAPP litigation and protections against excessive legal costs. We are looking closely at a number of legislative avenues to pursue that.
Catherine West (Hornsey and Wood Green) (Lab)
I warmly welcome the Secretary of State’s answer to the question from the hon. Member for West Bromwich East (Nicola Richards), but how can he introduce fresh challenges for the Department when the backlog is so severe? A visit to Wandsworth prison at Easter with a cross-party group of MPs showed that 75% of prisoners were still waiting for a basic sentence. [Interruption.] While he is reassessing his priorities—and introducing new things such as legislation on SLAPPs—will he reconsider the day job and the bread-and-butter work of getting through the backlog, so that three quarters of prisoners actually get their sentence and victims get justice?
Mr Speaker
Order. Can I just say that I love the imagination, but we have to be careful not to overstretch these questions. Secretary of State, are you happy to have a go?
Alex Chalk
I will give it a go, Mr Speaker. The question was ingenious, and I commend the hon. Member for it. Capacity is critically important—absolutely—and I want to stress, because people will be listening to this, that in 90% of the cases that take place in magistrates courts there are not those difficulties. However, it is true that we are expanding capacity, which is why there are more judges and there are 24 Nightingale courts. List officers are ensuring that we are getting through some of these most sensitive cases as quickly as possible, and the backlog in the Crown court—the case load in the Crown court—is coming down. We are seeing progress, and it is going to accelerate.
Mike Freer
I reiterate that it is a matter for the judiciary to question the bona fides of an expert: if they do not believe an expert seeking to give evidence in court is of the required standard, the judiciary can reject them. On taking further steps, the rights of the child are paramount, which is why we are looking forward to discussions to see how we can tighten up the role of experts. Equally, the Government are confident that the family justice system can robustly address this issue already. If there is more work to be done once we have been able to see the evidence, we will do it, but I am not proposing that we rush into a further review at this stage.
Anna McMorrin (Cardiff North) (Lab)
Family courts across the country are being used to perpetuate domestic abuse, and when that abuse proves fatal, which we know it too often does, the family courts allow it to be continued against the victim’s family. Currently, the parents of a woman who was killed by her husband would have to be cross-examined by that same murderer to adopt their orphaned grandchildren. This is a system that is stacked in favour of the killer. Do the Government agree that this practice is abhorrent and support Labour’s calls to implement Jade’s law in the Victims and Prisoners Bill?
Mike Freer
The rights of grandparents have risen up the agenda considerably over the last few years. Both colleagues who have spoken on this issue today, including my hon. Friend, make some valid points. I will give a commitment to discuss it with my colleague Lord Bellamy, who leads on this area, to see what further work we can do.
Afzal Khan (Manchester, Gorton) (Lab)
These are not my words on the cuts to legal aid, but the words of the new Lord Chancellor:
“There is now a serious concern that, without some steps to restore a measure of access to justice, serious injustice will inevitably follow.”
Will the Minister heed the words of his new boss and reverse the devastating cuts to legal aid that his party has inflicted over the last decade?
Alex Chalk
My hon. Friend is absolutely right to raise this point. The Government have invested significantly in new capabilities for law enforcement, including our specially trained network of undercover online officers, to arrest offenders committing online child sexual abuse. Co-ordinated National Crime Agency and policing activity against those offenders is currently resulting in over 800 arrests per month, and we have also delivered a further £4.5 million for organisations supporting victims and survivors of child sexual abuse.
Steve Reed (Croydon North) (Lab/Co-op)
I am delighted to welcome the Secretary of State to his place for the second day running. I have been reading his speeches with interest. He once said the Conservatives should
“do away with the argument that…we are somehow soft on crime.”—[Official Report, 2 July 2018; Vol. 644, c. 90.]
Is it not “soft” to tell judges that they cannot lock up dangerous criminals?
Victims and Prisoners Bill
Lindsay Hoyle ExcerptsMonday 15th May 2023
(2 years, 9 months ago)
Commons ChamberRead Full debate Victims and Prisoners Act 2024 View all Victims and Prisoners Act 2024 Debates Read Hansard Text Read Debate Ministerial Extracts
Alex Chalk
My hon. Friend makes an incredibly important point. She mentions Hope Street, and the Nelson Trust, which I have visited, does excellent work in this regard. I think we do always have to remember that the job of Government is to ensure that the decision of the court can be upheld.
In other words, a court will of course consider the evidence from the prosecution at a sentencing hearing about what has taken place, will hear a plea in mitigation about the impact on the defendant of incarceration—including the impact on friends and children, their future and so on—and will then reach a decision based on all those matters about the correct sentence. So while I do not seek to downplay any of the really important points my hon. Friend mentioned, we need to do our bit within the criminal justice system to give effect to the order of the court, but to ensure it is done in a way that is humane and understands that there are family considerations.
We want prisoners to serve their time, but to be rehabilitated, and one of the critical ways of being rehabilitated is to ensure that family relationships endure. That is why there has been so much investment in courts in areas such technology to ensure prisoners can keep in contact with the outside, so that when they leave having repaid their debt to society they are in a position to pick up those important relationships.
In closing, I want to put on record my thanks to all who have helped to shape this Bill, in particular the victims who shared their stories and contributed to our consultation. I also pay tribute to my predecessors my right hon. Friends the Members for Esher and Walton (Dominic Raab) and for Great Yarmouth (Brandon Lewis) and my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) for the parts they have played in advancing this Bill.
These measures will help ensure that every victim, from the Telford teenagers I mentioned to the elderly victim of confidence fraud, secures the service from our justice system that they deserve. From the moment of report to the moment of conviction, and indeed beyond if required, victims’ interests must be paramount. That is how justice is done, and I commend this Bill to the House.
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 10 months ago)
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Dominic Raab
I have met Zara Aleena’s family and the chief inspector of probation to talk about those failings. We have accepted all of the recommendations. I can write to the hon. Gentleman in relation to those, because they were numerous, but we are in the process of implementing each and every one of them.
Ellie Reeves (Lewisham West and Penge) (Lab)
The Rape Crisis report, published yesterday, found that rape survivors are waiting 839 days for their cases to be heard in court—longer than for any other crime type. These delays are causing harm to some of the most traumatised victims. Many are dropping out of their cases altogether, while others have tried to take their own life. When will the Government fully commit to rolling out specialist rape courts in every Crown court in the country to fast-track cases, protect victims and punish rapists?
Dominic Raab
The hon. Lady raises a very important issue. As she knows, we have already rolled out specialist rape courts in Snaresbrook, London, Leeds and Newcastle. We have introduced the 24/7 rape and serious sexual violence support line, along with a range of other initiatives, including quadrupling the funding for victims since 2010. I can also tell her—because some of the data released in that report has been overtaken by more recent data—that the average number of days for adult rape from charge to case being completed has, in the past quarter, come down by 10 weeks, or 17%. There is more to do, but hopefully that will reassure her.
Sir Robert Neill (Bromley and Chislehurst) (Con)
The initiatives that the Government have introduced are very welcome. One of those is the pre-recorded cross-examination under section 28, but, to make that work, there has to be a proper level of remuneration for advocates on both sides to ensure that we have skilled and experienced barristers prosecuting and defending those cases. What arrangements have now been made to finalise the conditions and terms of payment for section 28 proceedings with both defence and prosecution barristers? Until we get that right, we will not get the cases through at the speed we wish.
Mike Freer
On the exemption issue, if the hon. Lady would like to write to me, I will certainly investigate that. She will be pleased to know that in the last two months we have invested an additional £10 million to boost the amount of legal aid available on housing matters.
Afzal Khan (Manchester, Gorton) (Lab)
Legal aid is the backbone of our criminal justice system, and it is running on empty. In England and Wales, 54 constituencies have no legal aid providers at all, and 80% of the population do not have access to welfare legal aid providers in their local authority. The current legal aid system is not just a postcode lottery but a regional lottery. The Government have kicked the civil legal aid review into the long grass and are still not following Bellamy’s recommendations. When will the Lord Chancellor meet Bellamy’s recommendations in full?
Mike Freer
I do not recognise spending more than £2 billion a year as “running on empty”. Spending an extra £4 million on section 28 fees, an extra £10 million on housing legal aid, an extra £5.6 million on special guardianship legal aid, and an extra £3.3 million on special and wasted preparation legal aid is not “running on empty”. In terms of representation across the UK, the Legal Aid Agency regularly ensures that all areas of the UK are covered by duty solicitors and legal aid firms.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
During yesterday’s debate on the Illegal Migration Bill, I sought clarity on how people impacted by the Bill will be able to secure access to legal advice and legal aid. Those people—be they an Afghan fighter pilot or an LGBT person who has fled Uganda—will have just eight days to make an application and seven days to appeal against removal on the grounds of serious and irreversible harm, and all that will happen while they are in immigration detention. So let me try again: how will access to legal advice be secured for such people, and will legal aid be available to them?
Dominic Raab
I thank my hon. Friend, and my hon. Friend the Member for South Leicestershire (Alberto Costa), who have campaigned tirelessly for parole reform. Our constituents and members of the public already think that we, as Ministers and as Members of this House, are responsible for the justice system. What most frustrates them is when we duck these issues, or if matters are delegated and we do not have any control. I can tell my hon. Friend that we will overhaul the criteria so that public protection is the exclusive focus of decision making. We are already, as I am keen to do, recruiting more parole board members with law enforcement experience, because they have a different, more risk-averse approach to public protection. We will be introducing a ministerial check over the most serious offenders, including murderers, rapists, terrorist offenders and child killers. I hope that will have the support of those on the Opposition Benches.
Simon Fell (Barrow and Furness) (Con)
Mike Freer
I can reassure my hon. Friend that we have removed the limit on sitting days in the Crown court for the second financial year in a row, and that means that courts will continue to work at full capacity. We are also continuing with the use of 24 Nightingale courtrooms into the 2023-24 financial year, and are recruiting 1,000 new members of the judiciary to ensure that we get the backlog under control.
Mike Amesbury (Weaver Vale) (Lab)
Victims of crime are having to wait up to four and a half years for their day in court. Since 2010, 50% of magistrates courts have been closed. Do the Secretary of State and the Minister believe that is a coincidence?
Mike Freer
In terms of the efficiency of the courts estate, I can reassure the hon. Gentleman that I am less hung up about the availability of buildings in every town and city and more hung up about whether we have sitting days and judges to ensure that our criminal justice system is swift and fair.
Alex Cunningham (Stockton North) (Lab)
The Minister would have us believe that all was well and great progress was being made in tackling the courts backlog. Then we got the damning National Audit Office report into the reform programme. The catalogue of problems is too extensive to detail here, from the ailing common platform to the hundreds of failing processes within the 46 projects yet to operate in the way they were intended. I therefore pose the same questions as the NAO: when will Ministers be able to quantify the now decreasing benefits of the programme and demonstrate that it has improved access to justice?
Edward Argar
As ever, I am grateful to the hon. Lady for her question and the tone in which she put it. She will have seen the draft Victims Bill, and our response to the prelegislative scrutiny report by the Justice Committee. On support, she will be aware that we have more than quadrupled the funding for victims of crime, up from £41 million in 2009-10. As the Minister who wrote the victims strategy when I was last in this post in 2018-19, like her I very much look forward to the victims Bill. I hope she will not have long to wait, and I look forward to it being brought forward in due course. When it is, I look forward to working constructively with her as it passes through this House and the other place.
Anna McMorrin (Cardiff North) (Lab)
Since questions began at 11.30 am today, 12 women across the country will have been raped. It is likely that not a single one of them will see their rapist charged. Those women have no Victims’ Commissioner and no victims Bill to protect them. Have not women suffered enough? How long will victims have to wait until they are put first in this broken justice system?
Dominic Raab
As my hon. Friend will know, vapes can only legally be sold to those over 18 in this country. We limit nicotine content and refill bottle and tank sizes, and there are also restrictions on labelling and advertising. When there is evidence of any breaches, we expect and I know that law enforcement authorities take that seriously. More generally, given the age group we are talking about, the Department of Health and Social Care is exploring a range of new measures, particularly about addressing youth vaping, and preventing and spreading awareness of the harms.
Steve Reed (Croydon North) (Lab/Co-op)
Last December, I announced Labour’s plan to crack down on antisocial behaviour by forcing fly-tippers to join clean-up squads, and giving victims a voice in choosing the punishments of offenders right across the country. When the Prime Minister copied our policies, why did he shrink them down to just a handful of pilots, leaving most of the country with nothing?
Dominic Raab
The hon. Lady raises a very serious issue. Particularly complex cases have been delayed because of the pandemic, the backlogs and the Criminal Bar Association strike. I am happy to write to her about that, and I apologise for not having done so already. In addition, if she would like to meet the victims Minister, he will be happy to talk her through the issues.
Adam Afriyie (Windsor) (Con)
Thank you for your generosity in allowing me to ask this question, Mr Speaker. My constituent Joanna Brown, a wife, mother of two children and daughter of loving parents, was brutally murdered in my constituency back in 2010. Her husband was convicted of the murder and was sentenced to 24 years. Sadly, it seems that he will be let out on licence in November. May I urge the Justice Secretary to ask the parole board to question whether such offenders should come out of prison?
Oral Answers to Questions
Lindsay Hoyle Excerpts(2 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Damian Hinds
We are, in fact, introducing more variety of employment in prisons, but I want to see that go even further. One of the advantages of urban vertical farming is the fact that, for obvious reasons, it takes up less space than traditional farming. There are, of course, limits to what can be grown in that way, but the hon. Lady has made an interesting point that we shall no doubt have an opportunity to discuss further.
Ellie Reeves (Lewisham West and Penge) (Lab)
An effective probation service is key to reducing reoffending, but ever since the disastrous Tory privatisation the probation service has been in crisis. Six serious further offences are committed each week, experienced staff are abandoning the service, and the chief inspector of probation has said that it is
“impossible to say the public is being properly protected”.
The Tories’ legacy is failing to protect the public, failing to punish criminals, and failing to prevent crime. Is it not time they stood aside and let Labour fix their mess?
Mike Freer
The hon. Gentleman is right on one count: it is about political choices. If the Opposition stopped backing strikers, there might not be the current case backlog in our criminal justice system, which is a direct result of action by the Criminal Bar Association. It is this Government who are increasing the judiciary, who have settled the dispute and who are increasing court capacity, for instance by opening more Nightingale courts. We are taking the action; the Opposition back the strikers.
Rehman Chishti
In the context of addressing the backlog and engagement with the legal profession, when I spoke to leading criminal lawyers such as Sarah Forshaw KC, they raised with me a specific question: when will the Government appoint the chair of the Criminal Legal Aid Advisory Board? The board was set up in October 2022, nearly a year after the independent review conducted by Sir Christopher Bellamy. Is there to be another year’s wait before this appointment is made?
Mike Freer
The appointment of the chair following the independent review is currently being considered by the Secretary of State and an announcement will be made in due course. The board has met and continues to do its work. It is working effectively while we decide on the best form of chairing the meetings.
Dominic Raab
I do not think that many people take issue with the convention. Of course, it was negotiated at a very different time and place. The real issue has been the mission creep and the expanding and elastic interpretations of the ECHR since that time. I am confident that, with the Bill of Rights, we can address that in a comprehensive way.
Mr Speaker
Can I just say to the two Members who want to leave that they should stay for two full questions after they have spoken? We have not yet completed this question.
Mr Carmichael
May I take the Secretary of State back to his answer to the hon. Member for West Dunbartonshire (Martin Docherty-Hughes)? If he is not ruling out ever leaving the convention, is he then not ruling out ever breaking the Good Friday agreement?
Dominic Raab
We are absolutely committed to the Good Friday agreement and the stability of Northern Ireland, which is why the efforts of the Secretary of State for Northern Ireland and the Prime Minister are so important.
Steve Reed (Croydon North) (Lab/Co-op)
The Secretary of State’s proposed Bill of Rights will mandate British courts to override the European convention on human rights in certain circumstances and restrict access to convention rights through British courts, but the Good Friday agreement guarantees direct access to the courts for any breaches of the convention, so how will he achieve his plans without breaching the Good Friday agreement?
Edward Argar
I am happy to join the hon. Lady in congratulating her local police and crime commissioner on her work on this hugely important issue. I would highlight the significant progress that has been made under this Government. The number of reports to the police of rape and serious sexual offences is going up, the number of referrals from the police to the Crown Prosecution Service for charge is going up, and the number of Crown court receipts is going up. Those are all significant signs of progress, but there is more to do.
On the hon. Lady’s point about courts, she will be aware that three courts—Snaresbrook, Leeds and Newcastle—are piloting additional measures on these issues. Those pilots are in their relatively early months and it would be wrong to prejudge them, but I continue to follow the progress of those courts with specialist measures with care.
Sir Robert Neill (Bromley and Chislehurst) (Con)
The Minister is right to emphasise the importance of bearing down on these dreadful offences. Has he seen the research published this week in the Criminal Law Review based on the largest ever dataset of Crown court cases, which suggests that convictions for rape have risen markedly since 2018 and now stand at 75%, against an increase in charging as well, and that the conviction rate for rape and serious sexual offences is now higher than for other offences of violence against the person? That is important information. That work was carried out by Professor Cheryl Thomas, who is regarded as the leading academic expert on juries, using the largest ever dataset. Does the Minister agree that we should take that into account when we consider how best to take forward our policies to bear down on these serious offences—using up-to-date information to adjust our policies?
Edward Argar
My hon. Friend is absolutely right. I confess that while I am aware of the Criminal Law Review article, I have yet to read it in full. I will certainly do so, given his strong recommendation. He is right to highlight what it says, which is that significant progress has been made, and that it is important to base our debates on this hugely emotive and important subject on evidence. A lot has been achieved, but there is still more to do.
Ellie Reeves (Lewisham West and Penge) (Lab)
Two years on from the Government’s end-to-end rape review, rape allegations leading to a charge or summons stand at 1.6%, rape victims are waiting 1,113 days for their case to get to court, and only 2,500 rape prosecutions were completed last year—half the level of 2016. Is this not a Government who are letting rapists off and letting victims down?
Mike Freer
In fact, since the new standard contract was introduced in October, we have seen an increase in duty solicitors and firms taking on legal aid. We have restored some stability to the system. I understand the hon. Lady’s concerns, but I can tell her that the Legal Aid Agency monitors the issue of what are known as deserts closely to ensure that no part of the country is left uncovered.
Afzal Khan (Manchester, Gorton) (Lab)
The Government have repeatedly made political choices that have left our criminal justice system on its knees. They have recently found additional money to ensure that defence and prosecution barristers are given the 15% increase in line with the Bellamy review recommendation, but solicitors have been given only a 9% increase. That unequal decision puts at risk access to justice for victims, with more than 1,000 duty solicitors quitting in the last five years. Will the Lord Chancellor commit to funding all of Bellamy’s recommendations and put solicitors on the same footing?
Katherine Fletcher (South Ribble) (Con)
May I welcome the comments about the female prison estate? Turning to the male prison estate, His Majesty’s Prisons Garth and Wymott in my constituency—
Mr Speaker
Order. That does not link into this—[Interruption.] Order. One of us will have to sit down, and it is certainly not going to be me. It might help us both if I suggest to the hon. Lady that she might catch my eye during topical questions, when it would be appropriate to raise the very important matter in her constituency.
Andrew Lewer (Northampton South) (Con)
Dominic Raab
My hon. Friend is right about this. It is one of the crusading missions we have, along with getting offenders into work. That is why we are increasing the number of incentivised substance-free living units from 25 in 2022 to 100 by March 2025 and investing in drug recovery wings. The big thing is not just to stop illegal drugs getting into our prisons, but to wean offenders off heroin and opiate substitutes such as methadone.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
It has become apparent that if the Justice Secretary does not act, the Retained EU Law (Revocation and Reform) Bill could see thousands of part-time judges face a massive loss of pension rights, pushing many away from office at the worst possible time. This morning, when we debated the matter in a Delegated Legislation Committee, the Under-Secretary of State for Justice, the hon. Member for Finchley and Golders Green (Mike Freer), was a little vague about whether the Department would fix this specifically by retaining the relevant regulations. Can the Lord Chancellor give that clear commitment today?
Katherine Fletcher (South Ribble) (Con)
HMP Garth and HMP Wymott are successful prisons that do great work rehabilitating prisoners, but the Ministry of Justice has plans to put a third prison on the site, almost doubling the number of prisoners there—[Interruption.]
Mr Speaker
Order. Can the two people who are talking stop? I want to hear the hon. Lady. Sorry, please just sit down. Can I just say to the Whip that this is a very important question that really does matter to all of us?
Katherine Fletcher
The MOJ plans to almost double the number of prisoners on the site of HMP Garth and HMP Wymott, but those plans are hamstrung by an almost complete lack of public transport improvement or roads infrastructure improvement. Does the Minister acknowledge the deep concerns about these plans in Ulnes Walton, Croston and Leyland, and will he withdraw them, think again, and stop the third prison?
The Minister of State, Ministry of Justice (Damian Hinds)
I acknowledge what my hon. Friend says about the concerns that people have. She could not be faulted for the strength and consistency with which she has campaigned on behalf of her constituents on these matters, and particularly the transport infrastructure that she mentions. She knows this, because there are already two prisons there, but a new prison delivers hundreds of construction jobs locally, hundreds of ongoing jobs and a whole range of roles and careers, with a very significant boost to the local economy.
Prison Capacity
Lindsay Hoyle Excerpts(3 years, 2 months ago)
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Mr Speaker
Before we come to the statement, I want to make the point that it is not acceptable for either the Opposition or me to get a copy of a statement at 12.59 pm. I have to say that this is not the first time, and it seems to be a continual problem for the Government in that somehow they do not like to be held accountable. Not providing a statement in advance means that the Opposition cannot take the measures that are needed to hold the Government accountable. It is not acceptable, and I say to the Whips and those on the Front Bench that you should get your act together, because you cannot carry on taking the House for granted in this manner. It will not happen, and it is time Ministers were more accountable.
Damian Hinds
The Government make no apologies for all we are doing to keep dangerous criminals off the street, and I make no apologies for the programme to recruit 20,000 more police officers, or for tougher sentences for the most serious crimes. It is good to report that reoffending rates are down, although of course there is further to go. It is good that prosecutions are up by 7% over the last year, and convictions up by 10%, but still, as ever, there is further to go. Our No.1 priority, as the public rightly expect, is to keep our country safe.
At no point in the past five years have fewer than 1,000 cells been available across the entire prison estate, so we have not run out of prison places. This statement does not reflect a failure to plan ahead. We have absolutely been planning ahead, and we have stuck to our expansion programme and brought forward capital works. There has been a highly unusual acute short-term surge, with increases of more than 700, and more than 800 in the last two months. This is the first time ever that we have seen that sort of increase for two consecutive months. We have a number of capacity increase options, but they are not available in that short a timeframe.
Using the established protocol with the police allows us to manage the surge while continuing to deliver that ambitious expansion. I say it is an established protocol, and the hon. Lady will recognise Operation Safeguard because it was used extensively by the previous Government before 2010. It was last used in October to December 2006, and again between January 2007 and October 2008. On this occasion we are enacting a temporary use of Operation Safeguard to manage short-term pressures, precisely to ensure that we do not run out of places. Meanwhile we are investing record amounts in prison maintenance to ensure that prisons remain safe and decent while complying with modern fire safety standards. We continue with our expansion by 20,000 places, which is the biggest growth since Victorian times.
Sir Robert Neill (Bromley and Chislehurst) (Con)
The Minister is right, of course, to take this urgent action, and to say that this is not the first time it has had to be done. Does he recognise that two factors are at play here? One is the underlying upward trend in prisoner numbers over the past couple of decades. Those numbers have risen exponentially, and perhaps there is a case for us to look again at whether it is appropriate to be holding non-violent offenders in custody, as opposed to the dangerous people who we do need to lock up. Secondly, the Minister refers to the levels of investment in maintenance, but as he will know, the Justice Committee has more than once pointed out that even with increased spending on maintenance, there is still a significant backlog and shortfall in the maintenance budget. Many prison cells are therefore out of commission and not usable, when they ought to be brought back into use. What is being done to accelerate the maintenance programme to get more cells back into use?