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

Louise Haigh Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 12th December 2018 Commons Chamber

This is an important matter, but I hope that the House will not be lured into setting an undue restriction that, with every respect to the intentions of the hon. Member for Bolton South East, could give the impression that Parliament did not trust the independence of the judiciary, because that would certainly not be correct, or that it sought needlessly to circumscribe the way in which judges operate their courts. It is fundamental that we as party politicians—that is effectively what virtually all of us are—should not interfere in the way in which judges organise their workload and the staffing of the courts. As well as being impractical and unhelpful, that could also set an undesirable precedent in which Parliament, as well as setting the statutory framework in which judges operate, sought to delve too closely into the control of the everyday operations of an independent judiciary and court system.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I rise briefly to speak in favour of the amendments tabled by my Front-Bench colleagues. I believe that safeguards need to be in place to ensure that people are properly qualified to make decisions and particularly that contentious decisions should be reviewed by a qualified judge. I want explicitly to address concerns about how this might transpire in the family courts. Several of my hon. Friends raised the concern in Committee that the family courts could be the most affected by potential delays and the perverse consequences of the measures in the Bill.

This is particularly relevant given the recent exposure of the case of Sammy Woodhouse. I am sure that colleagues will be well aware of her case. I know that the Minister is, and I am grateful to her for meeting Sammy and me last week. Mr Speaker also welcomed Sammy to Prime Minister’s questions last week. Her bravery in putting herself forward, in risking being held in contempt of the family court and in waiving her anonymity to speak about her experiences, so that we in this place can drive change, is inspiring. We owe it to her and to the many other survivors to ensure that we drive change and ensure that what happened to her and to too many other young women and girls never happens again.

Those young women and girls were failed by the state. They were failed by our legal system, by the police, by the Crown Prosecution Service, by local authorities and by government at every level, and now they are being failed yet again by our legal system. Our entirely permissive system, which allows anyone to make an application through the family courts, means that men who have been convicted of rape—in Sammy’s case, the father of her child, Arshid Hussain, is serving a 35-year prison sentence—can apply to the courts for access or visitation rights. Sammy’s case shocked the nation, but unfortunately it was not unique. Just yesterday, I spoke to another woman who had to respond and attend court after the man who was convicted of raping her and fathering her child had applied through the family courts from prison.

This could be prevented through a simple ban on any man convicted of fathering a child through rape applying to the family courts. I know that the Government are reluctant to bring this forward, out of concern for the convicted rapist’s article 8 right to a family life, but I am afraid that that simply is not good enough. I will always defend our human rights as enshrined in the Human Rights Act 1998 and the European convention on human rights—I say this on the day of the 70th anniversary of the universal declaration of human rights—but article 8 is a qualified right and not one that should override the rights of women and children and their safety. Surely, we should be starting from the presumption that if a child has been conceived through rape, the man should have no parental rights to that child and that we should allow such rights only in exceptional circumstances, not the other way round.

When I speak to victims of rape and survivors of child sexual exploitation in situations such as Sammy’s—women who have an almost uniformly terrible experience of the family courts—their feeling is one of betrayal and despair that every day is a battle in which they have to fight for their most basic rights. They are often forced to relive their traumatic experiences and justify themselves over and over, yet they are so often told about the rights of the men who have abused them and who can now click their fingers and drag their victims back through the courts to traumatise them all over again. Women such as Sammy, who have already given evidence, spoken out in criminal trials and been to hell and back, should not then live the rest of their lives trying to bring their children up in horrendously difficult circumstances with the threat of being dragged back through the courts once again to face the man who raped them. It may be the case that no judge would allow such access in any circumstances, but it is surely intolerable for women in this situation to have to face the man in court all over again, and I believe that we as a Parliament should make that crystal clear.

The family procedure rule committee met earlier this week to discuss the consequences of Sammy’s case and to consider amending practice direction 12C. I hope that the committee will be able to bring much greater clarity, but this is likely to be in relation to local authorities’ duty to notify in the case of a care order. That will not solve the problem, and I worry that, combined with the measures introduced in the Bill, it could bring greater uncertainty to the process and leave victims with even greater uncertainty and fear that their abusers might be able to weaponise the courts against them. As I have said, I am grateful to the Minister for meeting Sammy and me last week, but we were both really disappointed that the Government were not willing to take more immediate action to address this thoroughly intolerable situation. I hope that the Minister will be able to update the House on what action they have now considered and on the implications of the Bill for this important issue.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is an honour to take this Bill through its final stages. I should like to start by addressing some of the key points raised today by the hon. Member for Bolton South East (Yasmin Qureshi). She suggested that we were sneaking the Bill through the House. However, it was introduced seven months ago. Not only that, but it forms part of the Prisons and Courts Bill, which was introduced in this House in 2017 and which fell at the general election. The provisions in this Bill have been well known for some time. They have been debated in this House, and they are not being sneaked anywhere at all. The thrust of the hon. Lady’s speech was that this is a Bill about cuts, but it is certainly not. The Bill is part of our £1 billion court reform programme.

Assaults on Emergency Workers (Offences) Bill

Louise Haigh Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th April 2018 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

This is the first time that I have spoken in today’s debate, not because of a lack of support for the Bill, but to make sure that it receives its speedy passage through the House of Commons. I reiterate my thanks and congratulations to my hon. Friends the Members for Rhondda (Chris Bryant) and for Halifax (Holly Lynch), who have run an absolutely fantastic, speedy campaign since my hon. Friend the Member for Halifax first introduced this through a ten-minute rule Bill last year. In that time, she has brought together the House of Commons, and the shadow Minister and Ministers, which is rarely done, in supporting this legislation. Hopefully today we will see the Bill pass through—amended, but all the better for it.

We have had a fantastic debate today, conducted in a comradely and collegiate spirit, with some real expertise on all elements of the criminal justice system. All have been united in the objective of getting this right and delivering protection for the people who go out every day and risk their lives to keep all of us safe.

Throughout the passage of the Bill, the most common comment I have heard from countless police officers and emergency service workers, to whom we have all spoken, is that over the years assault and sexual assault have come to be accepted and seen as the norm within the police and NHS. While this debate has been going on, the assistant chief constable of Devon and Cornwall police, Jim Colwell, has tweeted that overnight there were 10 assaults on the officers under his care, including kicks, punches, headbutts and spitting. He asks, how the public feel about this and whether they accept it. The House is saying today that it is absolutely unacceptable. It is not part of the job that he and his colleagues do. We as parliamentarians are saying that society has zero tolerance for anyone who assaults our emergency service workers.

The hon. Member for Shipley (Philip Davies) has made some important points, particularly about early release and behaviour, but in all his examples, as explained by colleagues, the CPS made the wrong charging decision. I accept the principle behind his amendments, but, as we have heard today, the CPS needs to be more accountable for what the hon. Member for Cheltenham (Alex Chalk) described as lazy prosecutorial decisions, and that applies equally when the CPS decides to charge someone when it should not have. A constituent of mine was recently charged and taken to court, but the magistrates threw the case out immediately because the decision to take it forward had been so ridiculous. The CPS should be held responsible and accountable for that decision, just as the police are held accountable, and rightly so, for the decisions they make that have serious consequences for the people they protect or charge. That is another point the House has made today. I hope the Minister will say how we can hold the CPS and prosecutors to account for their charging decisions.

I must comment briefly on the strain that our emergency services are under and which has played a part in the rise in the number of assaults. Very rarely have our police and emergency services been under more pressure. The job is getting harder, and for those on the frontline it is becoming overwhelming. Our emergency services are increasingly relied upon not just as the service of last resort but as the service of first resort, as the gaps between the services that make up our social safety net and on which our communities rely get wider. The NHS is under unbelievable pressure and is struggling to cope with limited resources. Waiting times for A&E are up. Ambulance services across the country simply cannot meet demand. The police are increasingly single-crewed or inappropriately dispatched—for example, female officers being dispatched to incidents of serious and violent sexual assault. Our emergency services are increasingly dealing with people suffering from mental health issues unable to access the services they need.

In that climate, nobody would suggest that the Bill is a panacea for our emergency services. The strain, stress and complex range of factors behind this increasingly difficult climate will not be solved easily, but the Bill is important, and it is vital that it be passed today, because the right to go to work and feel safe is a right that has been too easily cast aside. Our emergency services are increasingly finding themselves in vulnerable situations, and all too often security at work is far from a reality. The offences and examples we have heard today are, as the Minister said, not just crimes against the person but crimes against our society. We ask these dedicated individuals to go out and serve our communities on our behalf, and the least we can do is afford them the protection that makes it clear that society views their being assaulted in the course of their duties with the utmost seriousness.

In conclusion, I again thank and congratulate my hon. Friends the Members for Rhondda and for Halifax. The Opposition are delighted to support the Bill and to see it pass safely through its Third Reading today.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

The shadow Minister refers to a decision by the National Probation Service—which is a Government- run service, so it is not a CRC service—to bring in additional contracted staff to provide double night duty in the hostels. That has been done because it is not work that is traditionally done by trained probation officers, but by contracted staff. Of course I will accept full responsibility for that decision.

[Louise Haigh (Sheffield, Heeley) (Lab)]

12. Whether he has discussed with the Home Secretary the implications for Government policies of the Supreme Court judgment on the Commissioner of Police of the Metropolis v. DSD and another.

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

This case is a matter for the Home Office and the police. However, I understand that the Home Office is working closely with the National Police Chiefs Council to understand the impact of the ruling and monitor current claims.

[Louise Haigh]

Failures to disclose digital evidence have led to the collapse of four rape trials in recent months. Does the Secretary of State agree that, in the light of the landmark ruling on the Worboys case, the lack of digital capacity now exposes the police to huge financial liability and risks breaching the human rights of victims on an unprecedented scale? Will he make representations to the Home Office to carry out a full resource impact assessment of the decision?

[Mr Gauke]

As the Attorney General has said, disclosure in cases is a question of public authorities performing the roles that they should and doing their jobs properly. Clearly, it is of great concern that there have been cases in which that appears not to have happened.

Parole Board: Transparency and Victim Support

Louise Haigh Excerpts

Friday 19th January 2018 Commons Chamber

[Mr Gauke]

The numbers of reoffences are put into the public domain. Clearly, that is one of the tests of the effectiveness of the Parole Board. It is clearly a matter of priority for all of us that people who are dangerous are not released. The test for a Parole Board panel in the context of one of these IPP prisoners is an assessment of their risk to the public, and that is what the Parole Board must determine in these circumstances.

[Louise Haigh (Sheffield, Heeley) (Lab)]

My hon. Friend the shadow Minister is absolutely right that this case raises wider issues about the rights of victims in our criminal justice system, right through from the offence being committed, through the process and to parole. Will the Secretary of State tell us when he will bring forward the victims’ Bill that was promised in 2015?

[Mr Gauke]

All I can say is that since being newly appointed, I am receiving advice on what we can do to make progress on this matter. I hope to be able to update the House in due course, but I do agree with the hon. Lady that the victims are vital in the system.

Assaults on Emergency Workers (Offences) Bill

Louise Haigh Excerpts

2nd reading: House of Commons
Friday 20th October 2017 Commons Chamber

[Louise Haigh (Sheffield, Heeley) (Lab)]

I know that my hon. Friend the Member for Rhondda (Chris Bryant) is a particularly shy and retiring type, and I am sorry to do this to him, but I must congratulate him and thank him for the work that he has done. He made a powerful and compelling case for the Bill. I also thank and congratulate my hon. Friend the Member for Halifax (Holly Lynch), who laid all the groundwork for the campaign, and who did so much work to help the Bill to reach this stage. I thank the Police Federation for its work as well.

This has been possibly one of the most successful campaigns in parliamentary history. It was launched only in February this year, and now the Bill is being given its Second Reading. I thank Unison, the GMB, Unite and the Prison Officers Association, which have been working closely with my Justice colleagues. Most of all, however, I thank our brave emergency service workers, who, when the worst happens, put themselves in harm’s way to protect us all.

[Liz Twist (Blaydon) (Lab)]

Speaking as a former Unison officer who represented those emergency workers on the frontline and, all too often, responded to reports about assaults on them, I am pleased that the debate is taking place. Does my hon. Friend agree that while the Bill is long overdue, the broad support for it on both sides of the House is extremely welcome?

[Louise Haigh]

I could not agree more.

This year has placed unprecedented demands on our emergency services, but, despite all the undeniable pressures that they are under because of a range of issues—with which I shall deal shortly—they have stepped up without fail, and we have seen them at their very best. Keith Palmer paid the ultimate price when defending us in this very building while we ran for safety. Wayne Marques, equipped only with a baton, ran headlong at the terrorists who attacked us on London Bridge. Countless paramedics, A&E staff, nurses and firefighters saved lives and acted with unmatchable bravery and compassion in response to Grenfell and Manchester. Sadly, this has been a year in which we have asked too much of our emergency service workers too often. It is not too much to ask of us that we protect them in law, and allow them to do the job that they desperately want to do: the job of protecting and serving our communities, for which we are so grateful.

Everything that we have heard this morning has made clear why the Bill is necessary. We have heard the harrowing, emotional stories of officers, nurses and paramedics who have been subjected to the most vile and unprovoked abuse, and the effect that it has had on them physically, mentally and emotionally. We have heard about the personal experience of Members who have served as emergency workers themselves, such as my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick), and others whose families have served: the hon. Member for Corby (Tom Pursglove), my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones), the right hon. Member for Preseli Pembrokeshire (Stephen Crabb) and the hon. Member for Bexhill and Battle (Huw Merriman)—and a compelling case has just been made by the hon. Member for Dudley South (Mike Wood).

If I may, I would like to add an experience from my constituency. Last year, PC Lisa Bates went to a routine call of domestic violence and, on attending the property, found a man who was in a psychotic state. He attacked her with an axe; she fell down two flights of stairs, grappling with him; he chopped off several of her fingers. She is still recovering at home, and I am sure the House will join me in wishing her a full recovery.

What no police officer, nurse, firefighter or paramedic should ever expect—what should never be normalised for them—is being assaulted in the line of duty. That is what the Bill seeks to challenge: the attitude, which sadly exists across the criminal justice system, that being punched or kicked is somehow to be expected and accepted. Well, it is not. The tougher sentences in the Bill will send a message from the House today: as MPs, we will never accept that people should be assaulted while they are doing their job and we will do everything in our power to protect them.

As we have heard, an assault on a police officer takes place as frequently as every 13 seconds, there were 70,000 assaults on NHS staff last year and fire crews are attacked 10 times every week on average. These figures are shockingly huge and they are growing year on year, as is the disgusting practice of spitting at emergency workers. Interestingly, I have been spat at as a politician, but I was never spat at in my time as a serving police officer. I therefore appreciate, and I know the House does, why clause 4 is vital for workers whose lives have been made a living hell waiting for test results after being spat at. The clause will lessen the trauma of that wait and provide them with assurances as quickly as possible that they have not contracted any communicable diseases. The stories that my hon. Friend the Member for Halifax told about the affected officers and the impact on their families were truly shocking, and I know they moved the House. I had the privilege earlier this week of meeting those officers, who are back at work, serving their communities. They are a credit to their force.

It has been fantastic to see such cross-party support for the Bill today, from all parties across the House. I add my thanks to the sponsors and to the Government for allowing the Bill to pass through to Committee. I reiterate the call that my hon. Friend the Member for Rhondda made for the Committee stage to take place on the Floor of the House, given that there have been so many enthusiastic volunteers today to take part in Committee.

Emergency workers will be watching the debate with interest and will be heartened to hear so many voices speaking up for them, as I know they can feel neglected and taken for granted. However, I would not be doing my job if I did not also use this opportunity to highlight the other pressures they are under and some of the reasons assaults have increased so significantly in recent years. The NHS, as we know, is under unbelievable pressure and is struggling to cope with limited resources. Waiting times for A&E are up and hospitals are failing to meet their targets. Ambulance services across the country are simply unable to meet the demand they face and prison officers are near breaking point, in prisons that are not fit for purpose, while all of them continue to face pay cuts, on top of the thousands that have been taken off their salaries over the last seven years.

Our police are facing unprecedented demand from rising crime, as yesterday’s figures revealed: rising violent crime, a terrorist threat that is now relentless, soaring numbers of 999 and 101 calls, and unsustainable demand thanks to cuts to services elsewhere. The Metropolitan police receive a call related to mental health every five minutes. In 2012, West Yorkshire police were looking for 118 missing persons a week. That figure is now 450. The police are now constantly being asked to attend to vulnerable people when they are not the appropriate agency to do so.

Among all this, we have lost 20,000 officers and 30,000 police staff. Neighbourhood policing has been decimated, and just yesterday Norfolk police force announced that it was abolishing every single one of its PCSOs. Single crewing is the norm, PCSOs are being asked to go to jobs that are appropriate only for PCs, long-term sickness and mental health issues are through the roof, and morale is at rock bottom. The only way to fix these issues is to resource the police and all our public services properly. We can never truly protect them unless they have the capacity and the support to deal with the many and varied situations that their job throws at them.

If we are to do everything we can to protect those workers, I would beg the Justice Minister to take this away from the debate. We are so grateful to the Government for their support for the Bill. We look forward to improving it together even more in Committee and to its speedy implementation, but we are also desperate for more resource in the Budget next month. Without it, I genuinely fear that our emergency services will not survive as we know them.

I know that we will return to this debate and that neither I nor my colleagues in Health or Justice, or the many champions from the Back Benches, will let the issue drop. In closing, I therefore reiterate my congratulations to my hon. Friends the Members for Rhondda and for Halifax and my thanks to the Government, to all the supporters and, again, to all our emergency service workers. Every day that they put on their uniforms, they risk their lives to protect ours. These people do not act without fear; they act in spite of it. That is why we call them heroes.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 25th April 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is absolutely right; four of the 10 top global legal firms are based here in the UK. We have huge opportunities to promote English law and Scots law, and we are working on a global Britain legal summit to bring together leading figures in the industry to promote what we do overseas.

[Louise Haigh (Sheffield, Heeley) (Lab)]

My Bulgarian constituent murdered his wife by stabbing her to death 25 times in broad daylight. The Home Office has finally agreed to have him deported. Will the Secretary of State assure me that he will serve his full sentence in Bulgaria, both pre and post-Brexit?

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 7th March 2017 Commons Chamber

[Mr Speaker]

Let us hear from Members who have not so far been heard.

[Louise Haigh (Sheffield, Heeley) (Lab)]

I am afraid that the Secretary of State’s answer to my hon. Friend the Member for Chesterfield (Toby Perkins) was simply not good enough. Can she explain why, after two years, she still has not commenced the law to protect our children from sexual predators?

[Elizabeth Truss]

I assure the hon. Lady, as I assured the hon. Member for Chesterfield (Toby Perkins), that this is imminent.

Fire Service: Flooding and Statutory Duties

Louise Haigh Excerpts

Wednesday 8th June 2016 Westminster Hall

[Jim Fitzpatrick]

Thank you, Mrs Gillan.

As I was saying, I will start with a couple of points on the history of the fire and rescue service. The great fire of London was in 1666, which was the beginning of insurance fire brigades and voluntary pumps being deployed in London. The fire of 1834 destroyed most of the Palace of Westminster and led to the creation of a London county council and of a London fire brigade, which this year is enjoying its 150th anniversary, which I know the Minister is celebrating—happy birthday to the London fire brigade. Statutory duties have evolved over the centuries in which fire brigades themselves have been evolving.

I thank the House of Commons Library and Pat Strickland for briefing paper No. 07605, “Should Fire and Rescue Services have a statutory duty to deal with flooding?” Before I quote from that, I want to make reference not only to the increasing incidents of flooding, but to their severity and regularity. A role that the fire and rescue service used to tackle once in a blue moon is now a core activity for many brigades. A Fire Brigades Union document details the extent of the new demand, stating:

“Firefighters responded magnificently to the winter 2013-14 floods, the largest deployment by the fire and rescue services since Second World War. Across the UK over the entire three months…firefighters responded to nearly seven thousand incidents”,

and

“effected a large number of rescues…almost two thousand across the UK.”

A briefing note from the Greater Manchester fire and rescue service said that on Boxing day 2015 it deployed two thirds of its available resources on flood response.

I cannot imagine that the Minister will be in denial either that floods are on the rise or that the fire and rescue service is doing more of this type of work than ever before. There is certainly no room for him to deny that we have seen a significant reduction in the numbers of firefighters in the fire and rescue service since 2010.

[Louise Haigh (Sheffield, Heeley) (Lab)]

It is not just the fire services that are putting the information out there. The Met Office has said that we are in the middle of one of the most

“exceptional periods of winter rainfall in at least 248 years.”

Is it not very clear that we need a fully resourced fire service, backed up by a statutory duty?

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 8th March 2016 Commons Chamber

[Michael Gove]

My hon. Friend makes an important point. It is important to ensure that families have access to prisoners. Sometimes, of course, that is facilitated by the prison or secure training centre being close to families, but there are ways to ensure that even geographically distant families have effective access to their loved ones.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Six weeks ago, at the last Justice oral questions, I asked how many fines G4S had received since 2010 and how many times it had breached its contracts for youth training facilities. I was told by the Minister that he would write to me, but I am yet to receive a letter. I have asked written questions asking for this information, but still nothing. It beggars belief that such information, relating to a contract of this size, is not immediately available to Ministers. It also raises a question about what internal row is going on within the Department over the delay of the information.

[Michael Gove]

I can only apologise again, through you, Mr Speaker, to the hon. Lady. She has been persistent on this important issue, and I am truly sorry she has not received answers to her questions. She will be aware, of course, that G4S has said it wants to remove itself from the administration of secure training centres for young people, but it is important that there be full accountability about how public money is spent and how these organisations have operated. I will make sure that a reply comes to her as soon as possible.

Oral Answers to Questions

Louise Haigh Excerpts

Tuesday 26th January 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

We do share my hon. Friend’s concerns. He will be aware of the Prime Minister’s announcement on Friday. The professionalism of our armed forces is second to none, but we cannot have returning troops hounded by ambulance-chasing lawyers pursuing spurious claims. The Justice Secretary has asked me to chair a working group with the Minister for the Armed Forces to look at all aspects of this—no win, no fee; legal aid rules; time limits for claims; and disciplinary sanctions against law firms found to be abusing the system—so that we prevent any malicious or parasitic litigation from being taken against our brave armed forces.

[Louise Haigh (Sheffield, Heeley) (Lab)]

T4. Can the Minister confirm how many times contract breaches at G4S establishments have occurred under contracts with his Department and what amount in fines has been incurred by G4S in respect of those breaches?

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I do not have the detailed information that the hon. Lady has asked for, but if she will allow me, I will write to her with the details.