Arts Council England: Funding

Debate between Oliver Heald and Robert Neill

Wednesday 18th January 2023 Westminster Hall

[Sir Robert Neill]

I thank all Members who have attended the debate: the Father and Mother of the House and many others. That shows how seriously this is taken, which I hope is something the Minister will take back. This is something people care about strongly.

[Sir Oliver Heald]

Will my hon. Friend give way?

[Sir Robert Neill]

I will give way to my right hon. and learned Friend because I know he wants to say something positive about English National Opera.

--- Later in debate ---

[Sir Oliver Heald]

I am so sorry that I arrived late. I wanted to support my hon. Friend in what he had to say about the English National Opera, which we have discussed. It is so important that we preserve that institution, which has done so much to bring opera to the people.

[Sir Robert Neill]

That is a good message for the Minister to take away. The ENO is in the forefront of making art accessible to people who do not have a traditional background in opera, which I did not when I first took an interest as a young lad living in a semi-detached house in Hornchurch. My journey was not dissimilar to that of the former Secretary of State, my right hon. Friend the Member for Mid Bedfordshire (Ms Dorries), in coming to it as an art form.

Opera has enriched my life, and I declare my interest—which I do not think is unknown—as chair of the all-party parliamentary group on opera. That is the message I want the Minister to take away. This is not a fringe matter; it is central to our arts offer in this country. Although I accept that much good work is done by the Arts Council, something has gone badly wrong in this funding round.

There is a legitimate responsibility on Government to intervene when governance, process and consultation do not come up to the standards that we normally expect in a public body. That gives us the chance to put that right and get back on track with an arm’s length body. It is not, I respectfully suggest, a reason to stand back and do nothing. I am sure the Minister will take the strength of feeling in this debate back to his colleagues in the Government and ensure that that gets to the Arts Council itself.

Question put and agreed to.

Resolved,

That this House has considered the funding decisions of Arts Council England.

Restorative Justice

Debate between Oliver Heald and Robert Neill

Thursday 12th January 2017 Westminster Hall

[The Minister for Courts and Justice (Sir Oliver Heald)]

As usual, it is a great pleasure to be in your charge, Mr Evans.

I will start by making some general remarks, and then I will come on to some of the points that have been made in the debate. We have had a good debate, opened by the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), in his customary way. He drew on his experience and made a number of very important points, which I will come to as my speech unveils itself.

We were lucky to hear the wisdom of the right hon. Member for Delyn (Mr Hanson), who has a lot of experience in this area, both as a Minister and as a very constructive member of the Opposition during, for example, the passage of the Crime and Courts Act 2013, which makes provision for restorative justice. My hon. Friend the Member for Henley (John Howell) made some excellent points about domestic abuse and the position of young people. My hon. Friend the Member for Congleton (Fiona Bruce) came up with a very good way of illustrating the advantages of restorative justice by pointing to the experience of particular prisoners. I must say I am rather impressed by the fact that she was so busy on Christmas day, as I know what a special day of the year it is for her. My hon. Friend the Member for Banbury (Victoria Prentis) mentioned the charity Why me?, which I intend to mention in a moment. The Front-Bench Members also made some very constructive comments.

It is critically important that victims get the support they need to help them cope with the trauma that crime can cause, and whenever possible to recover from it. I believe that restorative justice can be part of that. I pay tribute to all those involved in providing restorative justice and enabling it to happen, including the Restorative Justice Council. We need the council, which brings together the various bodies that provide such services and which has innovated to tremendous effect in the area, exactly because in restorative justice we have seen a lot of innovation by particular individuals, groups and bodies. In a way, we are on a journey, from the early days when restorative justice tended to be seen as a way of helping young offenders to realise the nature of their actions through to the existing position in which we see it as valuable for victims, so giving it a wider remit than previously. In the code of practice for victims of crime, for example, there is now a substantial section dealing with restorative justice, from page 34 of the document.

In 2013, as I mentioned, the right hon. Member for Delyn and I served on the Public Bill Committee considering what is now the Crime and Courts Act, which I was taking through as a Minister. With all-party support, we introduced the restorative justice condition in the context of deferred sentences. Restorative justice is the process that brings those harmed by crime into communication with those responsible for it. It allows everyone affected by a particular incident to play a part in finding a more positive way forward. A fundamental element is dialogue between offender and victim, although that does not need to be face to face.

Where a person has committed a criminal offence and a criminal justice response is appropriate, it is not right that restorative justice activity should take place on its own; it should be alongside, not instead of a criminal justice response. We know from research in this country and abroad that restorative justice can be a positive experience and empowering for victims, as was mentioned by my hon. Friend the Member for Henley—I would not necessarily suggest that they go in for a fight with Mike Tyson. The point that my hon. Friend made was quite right, however, that restorative justice can change the way in which individuals feel about what was a dreadful experience for them.

Restorative justice can also help offenders to reduce their reoffending. My hon. Friend the Member for Bromley and Chislehurst, with his 30 years of experience at the bar—I can probably admit a fair amount myself—my hon. Friend the Member for Congleton and the SNP spokesman, the hon. Member for Dumfries and Galloway (Richard Arkless), all made it clear that many people simply do not consider their actions—they have no insight into them. Restorative justice can do something about that, so it is important in that way.

As far as victims are concerned, some present may remember reading about Paul Kohler, the well-known law professor who suffered a most brutal attack during a burglary. Photographs published in the media showed the terrible injuries he sustained, in particular to his face. Paul has spoken powerfully about how he and his family accessed the restorative justice process and how it had been important for them. The Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), who is the victims Minister, recently met Paul through the restorative justice organisation Why me? to learn how his first-hand experience of restorative justice had helped him.

There are therefore reasons to be supportive of restorative justice. As the Justice Committee report makes clear, however, it is important that we develop our understanding of the area and what it can deliver, in particular with its effects on victims. We need to do that through proper research and effort. Our vision is for good-quality, victim-focused restorative justice to be available at all stages of the criminal justice system, which was a point made earlier. It is essential that victims who want restorative justice can access it at the stage that is right for them. Every victim participating should feel safe and in control. I know not every victim will want to participate. Restorative justice should remain voluntary. With domestic violence in particular, which was mentioned by a number of colleagues including my hon. Friend the Member for Henley, we must continue to ensure that no victim feels pressured into taking part. That is key to our approach.

As we highlighted in our response to the Justice Committee report, in recent years a lot of work has been done to make that vision a reality. Police and crime commissioners now receive funding to provide or commission restorative justice services for victims as part of a range of services to support victims of crime. The figure is about £23 million over three years, but it is of concern that the budget has not been spent in full—the money has been spent on victim services, but not all of it on restorative justice services. We need to look into why and at the effectiveness of the spending.

Measures such as the restorative service quality mark and the training provider quality mark, which were developed by the Restorative Justice Council with Government funding, offer assurance to those commissioning services and to victims that services are of a high standard. As is known, the national probation service is working closely with the council to produce guidance on that. We also funded the council to work with a range of criminal justice organisations to develop targeted information packs aimed at helping criminal justice practitioners better understand restorative justice and its benefits.

[Robert Neill]

The Minister is giving a comprehensive response, for which I am grateful. Does he accept that the need to ensure that the money is properly spent and well spent, as he referred to, is precisely the reason why it is important to press ahead firmly with the annual collation and publication of the spend by PCCs, so that we have genuine transparency and build the evidence base that he is seeking to achieve to make progress?

[Sir Oliver Heald]

My hon. Friend the Member for Bracknell is looking at that at the moment. The other concern, however, is that although much is about gathering information—I fully accept that—this is an area with an absence of objective research. We need to grab the information about what is effective, why the spending is what it is, and the national picture showing the differences between areas.

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[Sir Oliver Heald]

Of course the money is not ring-fenced, so police and crime commissioners who receive it are able to spend it on other victim services. However, the right hon. Gentleman is absolutely right that the amount for restorative justice was £23 million, so questions need to be answered. He asked us to say something in our update report on the action plan, which I will mention in a moment, and I will certainly bring that point to the attention of those who are preparing the response.

As we build on those foundations, we will take account of the Justice Committee’s work and the recent review of the Victims’ Commissioner, as well as working closely with police and crime commissioners and their association. It is excellent that the Victims’ Commissioner has been able to be in the Public Gallery for our debate. On a personal note, having attended a Crown Prosecution Service conference at which she spoke a couple of years ago, I was very impressed with the personal commitment she made to this area after experiences in her own life. Her role is very important and the way in which she performs it is admirable.

The priority now is to be satisfied by the evidence that the restorative justice services being funded or delivered meet the needs of victims of crime throughout England and Wales. Victims’ needs must be met. There is good practice in delivery, which it is important to share. My Department will work with a number of police and crime commissioners and the Association of Police and Crime Commissioners to identify and share good practice and to obtain the data I mentioned that will not only help us but help areas to assess how well they are doing compared with other areas. In the long term, we want to introduce consistent outcome measures across all victim services, including restorative justice, which will allow us to take a more detailed and systematic approach to identifying and sharing good practice and driving up performance. It will also provide a firm evidence base on which we can make decisions about the future landscape of victim services. I should have said that we are also looking carefully at the range of proposals made by the Victims’ Commissioner and others.

I should perhaps say that if I do not finish dealing with all the points that have been made, we will go through them and write to the Committee.

I was asked about the action plan. The original plan for the period until March 2018 was published in November 2014. Ministers decided to publish a progress report covering that period. However, written evidence to the Committee highlighted the progress so far. We explained, for example, that we had the national conference in 2015, regional workshops to share best practice, and successful awareness-raising campaigns in both years during International Restorative Justice Week. Ministers have decided to continue with the action plan and refresh it. The victims Minister has been engaged in that detailed work since November, and we are not far away from publishing it.

[Robert Neill]

I am grateful to the Minister for that information. Can we therefore take it that, precisely as he says, the plan will be refreshed but there will not be a fresh plan, as has been suggested at some points?

[Sir Oliver Heald]

Yes, we aim to publish the update—if I can call it that—or refreshment of the plan as soon as possible. As I say, the victims Minister is working hard on that at the moment.

My hon. Friend the Member for Banbury mentioned the national protocol for information sharing. The significant changes in the criminal justice landscape in the last few years—the introduction of community rehabilitation companies, the greater involvement of the private and voluntary sectors, and so on—have changed the information-sharing equation, so we have had to do further work on that. A national protocol may not necessarily be the final outcome from that, but it is certainly an important issue to address.

I have mentioned the position on victims’ participation in restorative justice and the need for undue influence not to be imposed. Someone asked about the paper on the use of restorative justice in domestic abuse cases that is mentioned in the ending violence against women and girls strategy for 2016 to 2020. We are working on that with stakeholders, and we certainly intend that paper to go ahead as previously announced.

I was asked about the police’s use of what is often described as first-tier restorative justice, among other such names. It is made clear in the victims code, which I referred to, that community resolutions by the police are not restorative justice, but it is clearly wrong that that sort of approach—saying, “There has been a discussion between the parties and therefore nothing else should happen”—should not be taken, particularly in domestic violence cases. It is contrary to guidance, it is not in the victims code, and we continue to press to ensure that that is not the way things happen on the ground. We are certainly not keen to encourage that street-level or level 1 RJ, and it should not really happen.

My hon. Friend the Member for Banbury asked about pre-sentence restorative justice. Police and crime commissioners are best placed to determine how to meet the needs of victims in their areas. Given that there are innovative bodies in this area that are prepared to try particular approaches to restorative justice, there are advantages in allowing several approaches to be tried, and it is important that we do not make things so restrictive that we lose those advantages. However, we moved to put restorative justice in a legislative context through the Crime and Courts Act 2013, which I have dealt with, and the national probation service is working with the Restorative Justice Council. Those measures, which are designed to ensure that there is a standard approach, but not so standard that there is no innovation, are all moves in the right direction. There is of course a lot of detail about exactly what is going on.

I was asked about the role of probation. I have mentioned the guidance that is being prepared. There has also been a big effort to raise awareness in prisons. The national probation service has positioned itself not so much as a direct provider of restorative justice—although the community rehabilitation companies provide a direct service—but as a referral agent that seeks to ensure that knowledge, experience, capacity and value are maximised and best practice is shared.

I was asked about the differences in the victims code in the availability of restorative justice for offenders of different ages. As my hon. Friend the Member for Bromley and Chislehurst said, that is a historical matter. Because restorative justice was first provided for young people, it is in some ways more advanced for young people than it is for adults. We are certainly looking at the points that have been made about extending availability to victims on the basis of not so much the age of the offender but merit.

How do victims find out about restorative justice? Several things are happening here. The victims code requires victims to be informed about restorative justice, and PCCs have a duty to advertise it on their websites. We are also taking awareness-raising measures in prisons, which I think have been alluded to, and doing work to encourage professionals to understand the importance of restorative justice.

I probably have time to mention the ring-fencing of funding, which we used to do. Police and crime commissioners feel that flexibility is helpful, so we are keeping that under review, but it is certainly not acceptable that spending on restorative justice should fall too low. I conclude by saying that the Select Committee produced an extremely valuable report about an extremely important area, and I am glad that our response was acceptable.

Domestic Violence Victims: Cross-Examination

Debate between Oliver Heald and Robert Neill

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

I agree with many of the hon. Gentleman’s points. Judges have always had wide discretion on family proceedings to try to get to the truth of matters, and to protect the interests of the family and so on. Judges have discretion to ask the questions themselves to try to avoid situations arising that are against the interests of justice. In recent years, judges have become more concerned—as the hon. Gentleman has—about situations where abuse is being perpetrated through the proceedings. That is why Sir James Munby has spoken out, why I have made the comments I have made today, and why the Department is treating this as something that should be dealt with as a matter of urgency.

Is it necessary to change the law? The answer is yes it is. Primary legislation would be necessary to ban cross-examination. I also think there are related ancillary matters that would require primary legislation. Clauses, therefore, are required. Is work being done? Yes, work is being done at a great pace to ensure that all these matters are dealt with in a comprehensive and effective way—the urgency is there. I became the Minister responsible for these matters in October, and I have chaired the Family Justice Board, which has become very concerned about this issue over that period. The Lord Chancellor shares that concern, which is why we are moving at speed to try to tackle it.

The extent to which consultation is necessary is something I will consider in the light of the hon. Gentleman’s comments, and perhaps discuss with him privately if he wishes. My feeling is that what is required is pretty straightforward: a ban, and then the necessary ancillary measures to allow cross-examination without the perpetrator doing it. I would question, therefore, the extent to which a wide consultation is needed, but I will discuss that with him.

On transparency in the courts, journalists are now able to attend court and report the proceedings, although there are obvious restrictions to protect children and so on.

[Robert Neill (Bromley and Chislehurst) (Con)]

The Minister of State and the Lord Chancellor are to be congratulated on moving promptly on this matter. The president of the family division is also to be congratulated on his frankness in relation to the deficiencies he finds within the family jurisdiction. Does my right hon. and learned Friend accept that the simple solution is to adopt, more or less lock, stock and barrel, the criminal procedures under the Youth Justice and Criminal Evidence Act 1999; to use the forthcoming courts and prison reform Bill to put that into primary law; and accept that the very modest public expenditure of a court-appointed advocate to do the cross-examination where justice so requires would be a drop in the ocean compared with the benefits, in the interests of justice, to individuals who are the victims of abuse?

[Sir Oliver Heald]

I am grateful to the Chair of the Justice Committee for those comments and agree with a good many of them. There are some differences from criminal proceedings, for example in a case in which an injunction is sought and there is no charge, or a case in which money is being considered but there is a background of abuse. There is a range of issues. For legal aid in cases of domestic abuse in family proceedings, there is a wider list than is available for criminal proceedings, but his basic point is right.

I am not able to give a commitment on the Bill. It depends on how quickly the work is concluded, and I am working on it very quickly.

Local Government Finance

Debate between Oliver Heald and Robert Neill

Tuesday 10th February 2015 Commons Chamber

[Robert Neill]

At the end of the day, it is implicit that a Labour Government would carry out a redistribution. We know from experience that the clever—and sometimes surreptitious—tweaking of the weightings in those 270-odd elements that go into the formula grants through the regression analysis was deliberately manufactured to move money away from parts of this country to those that historically tended to vote Labour. There is no getting away from that reality and the same thing will be done again.

My hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) made a serious point about what would happen to those authorities dealing with housing need, which I thought both parties recognised. The current Government have said, sensibly, that the money should follow the population growth, because that results in the costs of services being given to local authorities. The Labour party wants to scrap that entirely. It is abject nonsense to go down that route.

[Sir Oliver Heald]

If we have to build all these homes in Hertfordshire without the new homes bonus, and if our CIL is cut as the shadow Secretary of State suggested, we will end up with absolute traffic chaos and the whole county becoming a car park. Does my hon. Friend agree that this just does not add up?

[Robert Neill]

I have no doubt that we would also see the imposition of regional planning through the right hon. Gentleman’s delicately termed “county region authorities”. That would be another imposition on local authorities. The new homes bonus has enabled authorities that want to provide homes for their populations to deliver those homes and to pay for the services that such populations rightly demand. There is an inherent contradiction in the Opposition’s argument.

It is significant that Opposition Members are talking about greater devolution. I, too, hope that there will be an increase in the retained element of business rates. Interestingly, that never happened throughout the whole of the Labour party’s watch. They only started to move towards a devolutionary stance after my right hon. Friend the Secretary of State introduced the retention of some of the additional business rate. We have a track record of delivering policies, but they are simply saying that they would do the reverse of whatever they did in the past, which seems fairly normal for the Labour party at the moment.

European Union (Referendum) Bill

Debate between Oliver Heald and Robert Neill

Friday 17th October 2014 Commons Chamber

[Robert Neill]

It has been observed by wiser people than I that it is sometimes best not to try to fathom the unfathomable workings of providence, and the same applies to the mind of the Labour party.

It is precisely because of that step change that has taken place in our relationship with the European Union, which affects all aspects of our economic and social life, that the renewal of consent is required. My Bill has exactly the same format as that of my hon. Friend the Member for Stockton South: it proposes that the British people should be given a simple and straightforward choice in the form of an entirely comprehensible question. The one exception, which was accepted by my hon. Friend, is that my Bill includes the people of Gibraltar, because of Gibraltar’s particular status as an overseas territory which, effectively, is physically within the current European Union.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Will my hon. Friend give way?

--- Later in debate ---

[Robert Neill]

The hon. Gentleman is absolutely right on all matters concerning football, and—with respect—absolutely wrong about pretty much everything else. [Laughter.]

This is a straightforward and comprehensible question: should Britain be a member of the European Union? I noted what was said by the Electoral Commission. I had great respect for the commission when I was the local government Minister—it was kind enough then to give me some very useful advice, which I do not think I took, on the exact working of the council tax referendum—and it has a legitimate point of view, but the House passed the wording of my hon. Friend’s Bill overwhelmingly during the last Session. The wording is very clear, and, indeed, is remarkably similar to the wording of the Scottish referendum, which was very successful in terms of being clear and comprehensible and attracting a record turnout. I would suggest that the argument for that type of wording, and for a straight yes/no decision, has been strengthened rather than weakened by the events that have taken place since the last Session.

[Sir Oliver Heald]

Will my hon. Friend give way?

[Robert Neill]

I would not forget my hon. and learned Friend.

[Sir Oliver Heald]

I strongly support my hon. Friend’s Bill. It is a straightforward, simple measure which involves a simple question. Is it not the demand of the people that there should be a referendum on this issue? If this place denies people their say, we shall be seen as remote and isolated. We shall be a class apart, and that is not what this place should be. We must listen to the people.

[Robert Neill]

Like my hon. and learned Friend, I was first elected to Parliament after a career at the bar—the legal bar—and a career in local government, at the coalface of dealing with people’s everyday problems, and one of the things that struck me was that the risk we all have to avoid is precisely becoming part of that village mentality. It is never something we seek to do when we arrive, but, almost institutionally, that can happen. If we believe in representative democracy—as I trust everybody in this Chamber does—then one of the great challenges is to make sure there is a reality in the discussions we have here and the way we approach our decisions and a trust in the people who send us here. We do not sit here possessed of some greater wisdom—to use the French, some trahison des clercs—that enables us to ignore the views of our voters, who make the wealth that pays for us and for all Government spending. My hon. and learned Friend is entirely right in that. Legitimacy requires connection, and sometimes a bit of humility on the part of elected representatives to say, “This is an issue so fundamental that it is a matter for the British people.”

We have given referendums in a number of cases, and they are now an established fact of our constitutional scene. My constituents have had a vote on whether they should have a Mayor of London and whether there should be a different form of voting system for electing this House—I am glad to say they came to the right decision on that—and it would be pretty bizarre if they were not able to have a vote on what powers should reside in this House as opposed to residing elsewhere. I suggest this is the most obvious case for a referendum one could imagine.