5 Paul Holmes debates involving the Ministry of Justice

Tue 24th Oct 2023
Wed 12th Feb 2020
Terrorist Offenders (Restriction of Early Release) Bill
Commons Chamber

2nd reading & 2nd reading: House of Commons & 2nd reading & 2nd reading: House of Commons & 2nd reading

Violence Reduction, Policing and Criminal Justice

Paul Holmes Excerpts
Wednesday 15th November 2023

(5 months, 2 weeks ago)

Commons Chamber
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Paul Holmes Portrait Paul Holmes (Eastleigh) (Con)
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It is a pleasure to follow the hon. Member for Mitcham and Morden (Siobhain McDonagh), against whom I had the privilege of standing in 2015, when I was resoundingly defeated. That shows the quality of her work and the way in which she goes about things in this place, and I pay tribute to her.

It is a privilege to speak in this debate on the King’s Speech, because I genuinely believe that crime and sentencing is one of this Government’s key successes in the past 13 years. This Government have delivered on reducing crime and making sure that we back our police on the streets of our country. Crime is down by 50%, from 9.5 million recorded cases in 2010 to 4.3 million today. That is a real success story, and I welcome the Lord Chancellor’s approach to offering rehabilitation to the offenders who would genuinely benefit from it, while making sure that we have tougher sentences for those who deserve to be behind bars for longer. We have more police on our streets now, with 584 in Hampshire alone, which means more crimes being solved in my constituency.

Before I talk about the impact on Eastleigh, let me say gently that this afternoon we have had the same old Labour party, with Labour Members constantly carping about what we have not done but offering no alternative vision for this country. Members opposite can criticise me, but, when I was a Parliamentary Private Secretary at the Home Office, the shadow Home Secretary would constantly stand up to say that we had not gone far enough but would never say what she would do. The only thing that Opposition Members have done is vote consistently against this Government’s plans for tougher sentences, more police and sorting out our immigration system. The British public will see that when Opposition Members have to put themselves up at the ballot box in a year’s time and they will be found wanting.

I want to talk about this King’s Speech and what the Government’s record on crime and sentencing has done for my constituents. As well as the focus on rehabilitation and tougher sentences, we have, through the work of this Government and our excellent Conservative police and crime commissioner, Donna Jones, recruited 582 more police. She has plans for more because, through devolution, the Government have given her the ability to channel funds into recruiting even more police. That has been enabled by a clear commitment by this Government and Prime Minister—and the last two Prime Ministers, actually—to ensure we have more police on the streets than we had when we took over in 2010.

After a three-year campaign, I am delighted that Donna Jones has listened to me and secured a new police station in Eastleigh town centre to tackle antisocial behaviour and crime—with a focus on local crime, which is blighting many of our town centres—that is fully accessible to my constituents, with a front desk, and CID and investigatory facilities in the building. That shows this Government’s action to give people and PCCs the accountability and services they want, and giving PCCs that power delivers for the people we represent.

Although there are a lot of good things in the King’s Speech and there is much to celebrate, I want to tackle the Minister on an issue that has been a consistent driver for many colleagues in Hampshire and for me in Eastleigh: a fairer funding formula for Hampshire police. Many hon. Members think Hampshire is a leafy county, as it is in many parts, but Eastleigh town centre is not leafy; it is a working-class, ex-railway town that has specific issues with crime. Southampton and Portsmouth, two ex-industrial cities, also suffer with specific issues of crime.

We simply do not get funded enough to deliver on the number of police we need in certain localities, such as Southampton and Eastleigh. We have had promises from various policing Ministers that they would look into this, but they have not done so. When the responsibilities are handed out to the new Ministers in the Department, I ask the Minister responsible for policing to look at that again and meet me to discuss how we increase that funding.

I fundamentally believe that this is a good King’s Speech, and that the Government have a proud record to defend on tackling crime for our constituents. As I said earlier—[Interruption.] The shadow Minister, the hon. Member for Stockton North (Alex Cunningham), can shout at me, but I say to him again: the people of this country have seen a Government who have tackled and reduced crime and delivered more police on the streets, while the Labour party has done what it always does, which is to offer no alternative plan and to vote against the strong actions we have taken. It is the same old Labour party—that is what it always does.

Prisons

Paul Holmes Excerpts
Tuesday 24th October 2023

(6 months, 1 week ago)

Commons Chamber
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Damian Hinds Portrait Damian Hinds
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My right hon. Friend is correct that, when someone is deported in this way, they are not allowed to return. Were there time remaining on the sentence, as I outlined, that time would be servable if they did come back illegally.

This instrument will ensure that certain foreign national offenders can be removed earlier. We seek to extend the removal window in the early removal scheme from 12 months to 18 months, meaning that we would be able to deport an eligible foreign national offender up to six months earlier, still subject to the minimum required proportion of time having been served. This builds on changes we introduced last year in the Nationality and Borders Act 2022, which extended the maximum from nine to 12 months. As I just alluded to, we also added the “stop the clock” provision, so that anyone removed from the UK under the early removal scheme will have their sentence paused following removal and reactivated if they illegally return to the UK at any point, which means returning to prison to complete their sentence.

Paul Holmes Portrait Paul Holmes (Eastleigh) (Con)
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Does the Minister agree that it is unsustainable that foreign national offenders in our prisons are costing the taxpayer £500 million a year, and that the actions he is taking will ensure that there are savings in the system, so that prisons can work more efficiently?

Damian Hinds Portrait Damian Hinds
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My hon. Friend is exactly right about the significant costs involved. It is expensive to keep somebody in custody, at an average of £47,000 a year, and we want to make sure that the British taxpayer is not paying unnecessarily for people who do not need to be here and can be removed to their home country and not be allowed to return. Extending the window to 18 months will make it possible to do so for certain foreign national offenders at an earlier point. In preparation for this change, the Home Office is increasing the number of caseworkers to facilitate those removals, and that is the central part of the combined effort between the Ministry of Justice and the Home Office.

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Ruth Cadbury Portrait Ruth Cadbury (Brentford and Isleworth) (Lab)
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I thank the Minister for his speech, and for a valiant attempt to defend 13 years of failure, not just within our prisons but across the wider criminal justice system. The Opposition will be supporting this order—the change to the timing of release for foreign national offenders—because the Government have got themselves into a mess and, once again, it is the job of the Opposition to help them get out of that mess. We will be supporting this change because we are a responsible party, and because we know that the crisis in our prisons needs to be addressed. The order is a necessary measure to tackle the overcrowding crisis in our prison estate. However, I want to make it clear that it is a half-baked measure, cooked up in a panic in the Department. It is a change that has neither been consulted on nor planned, one that comes as part of a quick rush to address the overcrowding crisis—a crisis that has been long coming, but I will get on to that later.

Mr Deputy Speaker, we are both old enough to know that this is a theme under Conservative Governments. I recall that, back in the 1990s, prisons were so poor that prisoners were escaping with ease—the Conservatives are in such dire straits that they have begun recycling their scandals. It is no wonder that the public, having been through this, know what failure looks like. That is what we are confronted with today: a failure to protect the public, a failure to protect victims, and a failure by the Government to ensure that our prisons have enough space.

I will cover three areas in my remarks: the lack of planning around our prison population, the implementation of this new programme, and the wider issues around victims. Let us first look at the lack of planning. The overcrowding crisis in our prisons has been looming for years, with the National Audit Office, the Justice Select Committee and the Chief Inspector of Prisons all having warned the Government about it. In 2020, the Government were told specifically by the National Audit Office that they were unlikely to be able to build the 20,000 prison places they promised by the mid-2020s on time, yet the Government ignored that warning. I guess those 20,000 prison places are in the same place in the sky as the 40 new hospitals and 50,000 new nurses.

Back in 2016, the then Conservative Prime Minister said of the Prison Service that

“the failure of our system today is scandalous”.

If it was scandalous in 2016, I am not sure what word we would need to use now—perhaps something rather unparliamentary. When asked about this failure, the Government and the Ministry of Justice will point to the new prison places they promised, yet only around 25% of those places have been delivered. Plans for new prisons have been delayed and I understand from a report in The Guardian that one MOJ official said that badgers—yes, badgers—were to blame for a delay in building a new prison. The crisis has got so bad that the Government have been forced to use police cells as alternatives to prison places.

We should also remember that this is not the first time that the Government have made promises about the removal of foreign national offenders. Back in 2015, the then Prime Minister, the former Member for Witney, spent £25 million to help Jamaica build a new prison—of course, like a lot of the promises he made, it fell through. Successive Conservative Governments have made promise after promise on foreign national prisoners, and those promises have fallen through every time. This is not even the first time that this policy has been looked at: we saw changes regarding foreign nationals in recent legislation, and the Government considered changes to the early removal scheme last year.

Paul Holmes Portrait Paul Holmes
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The shadow Minister has mentioned overcrowding in our prisons, which is a problem. As the Minister outlined, there are 10,000 foreign national offenders in our prison estate. I welcome the fact that the shadow Minister will vote for the motion today, but can she explain to this House why at every stage, her party has voted against legislative measures to ensure that those people are removed, which would remove the problem that she is castigating us for?

Ruth Cadbury Portrait Ruth Cadbury
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I am new to this brief, but I do not believe that is the case.

If the Government considered this change in the past, why did they not introduce it back then? Did they think it was better to wait for a crisis? We should remember that this prison crisis—which has been looming for years—is having an impact every day on prison staff, inmates and the victims of crime. We still have prisoners having to use a bucket as a toilet in their cell. We have prisoners locked up for 22 hours a day, and prisons so understaffed that prison officers cannot even take prisoners to the library or to classrooms for education. Education is so essential to those prisoners’ rehabilitation, and for many of them, it is a condition of their eventual release. It is no wonder that the latest figures show that the reoffending rate has risen: it now stands at 25% for male former prisoners. That cycle of crime creates more victims.

I now turn to the detail of the order and its implementation. The policy will require significant input from the Home Office, along with the MOJ. As one prison governor has said,

“I expect it will require significant numbers of new Home Office staff for this initiative to be effective.”

We understand that the Home Office already faces huge problems with staffing, and I am sure I speak for many Members across the House when I say that I do not have complete faith—or even much faith at all—in the Home Office after the mess we have seen them make over the past year. Nor can I say I have much faith in the Home Secretary, the right hon. and learned Member for Fareham (Suella Braverman), who always seems to be auditioning for the role of the next Leader of the Opposition.

We also know that this Government have talked a lot about foreign national offenders, but after 13 years of Conservative rule, the number of removals of FNOs has dropped by 40%. The Government will point to the impact of covid, but in 2022, the Government were removing around half the number of foreign national offenders that they were pre-covid. What are the Government doing differently this time? Whether they are removing foreign nationals with 12 or 18 months left of their sentence, the point remains that the Government still need to be able to remove offenders from the UK.

I am sure the Minister will have prepared lines about the Opposition and our approach, so I will give him advance notice that we do have a plan. Labour would create a returns unit to triage and fast-track the removal of those who have no right to be in the UK, including foreign national offenders. We will recruit an additional 1,000 Home Office caseworkers to tackle the drop in removals that we have seen since the Conservatives entered office in 2010.

Having looked at both the Government’s statement last week and the memorandum attached to this statutory instrument, I could not see any information about the estimated cost or the additional resources needed, including for any legal costs or challenges to deportation. The Government need to set out exactly how many more caseworkers are needed and how much this plan will cost the taxpayer. The prisons crisis is already costing taxpayers; for example, over £20 million is spent on using police cells for prisoners, and I suspect that number will rise. A running theme from last week’s announcement is the large hole in funding. In particular, the grossly overstretched probation service will be expected to pick up a lot of the pieces from the Government’s latest crisis.

I want to finish by speaking about victims, in the context of both this statutory instrument and the wider criminal justice system. As a party, we have been clear that we want a justice system that works for victims, protects them from crime and supports them. I have one question for the Minister: could foreign offenders who commit violent or sexual offences be freed to their home country up to 18 months early because of this change? Will he take this opportunity to reassure victims that that will not be allowed to happen? Victims of crime will be worried that perpetrators will be released early. Over the past month, I have heard from prison staff, probation officers, inspectors, non-governmental organisations and so many across the criminal justice system about just how much of a mess our prisons and wider justice system are in, and that is because of 13 years of Conservative misrule and mismanagement.

Oral Answers to Questions

Paul Holmes Excerpts
Tuesday 27th June 2023

(10 months ago)

Commons Chamber
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Lindsay Hoyle Portrait Mr Speaker
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Order. We are 10 minutes in and still on question 1. I want to make sure that we get everyone in.

Paul Holmes Portrait Paul Holmes (Eastleigh) (Con)
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2. What assessment he has made of the potential impact of the legal aid means test review on access to legal aid for victims of domestic abuse.

Alex Chalk Portrait The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
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We are determined to ensure that domestic abuse victims secure access to justice and the protection of the law. The changes we are making to the legal aid means test mean that more than 2 million more people in England and Wales will be eligible for civil legal aid each year. Domestic abuse victims in receipt of universal credit will not be means-tested when applying for protective orders, effectively fast-tracking access to legal support and the protection of the courts.

Paul Holmes Portrait Paul Holmes
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I welcome the new policy, which means that domestic abuse victims who cannot access joint assets controlled by their abuser will no longer have those disputed assets counted towards their eligibility for legal aid. Does the Lord Chancellor agree that this will help to secure access to justice for survivors when their abusers try to continue to control them after they have split?

Alex Chalk Portrait Alex Chalk
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I agree wholeheartedly. My hon. Friend puts it well. Disputed assets such as the family home are by their nature illiquid and inaccessible. Worse still, they may be controlled by the abuser. By ensuring that those assets are not taken into account when deciding whether to grant legal aid, we are helping to ensure that victims of DA can access that vital legal support and, with it, the essential protection of the courts.

Oral Answers to Questions

Paul Holmes Excerpts
Tuesday 14th September 2021

(2 years, 7 months ago)

Commons Chamber
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Paul Holmes Portrait Paul Holmes (Eastleigh) (Con)
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9. What steps he is taking with Cabinet colleagues to support judges who remain in Afghanistan following the recent military operation to evacuate British nationals and eligible Afghans from that country.

Virendra Sharma Portrait Mr Virendra Sharma (Ealing, Southall) (Lab)
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18. What recent discussions he has had with the Foreign Secretary on ensuring the safety of judges and legal professionals in Afghanistan.

Robert Buckland Portrait The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
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I acknowledge the grave concerns of judges, legal professionals and beyond, both here and in Afghanistan, which are real and present. My Department continues to work urgently to support cross-Government efforts to provide safe passage for judges in Afghanistan, including by ensuring that individual cases that are brought to my attention are immediately lodged with relevant parts of the system.

Paul Holmes Portrait Paul Holmes
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We have seen some of the most talented legal professionals leave Afghanistan and come to the UK, and they should have a valuable place in the UK when they come here. What engagement has the Secretary of State had with the judiciary and legal professionals on supporting Afghan judges and legal professionals who will come to the UK or have already arrived?

Robert Buckland Portrait Robert Buckland
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I can reassure my hon. Friend that I am in daily communication with the judiciary and the wider legal profession—in fact, I am in daily communication with judiciary in Afghanistan—and I commend everyone for their efforts to support those judges and those who have dedicated themselves to building the rule of law and human rights in Afghanistan. As an example, the noble Lord Wolfson and I have been in regular contact with Mrs Justice McGowan, and we have discussed ways in which the legal community might provide support to help resettle Afghan legal professionals here in the UK.

Terrorist Offenders (Restriction of Early Release) Bill

Paul Holmes Excerpts
2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020

(4 years, 2 months ago)

Commons Chamber
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Paul Holmes Portrait Paul Holmes (Eastleigh) (Con)
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I will speak briefly about why I welcome the Bill and why I believe it is necessary to tackle the issues on which many hon. Members have made very good speeches this afternoon. May I first congratulate the Prime Minister, the Lord Chancellor and Ministers from the Department on the constructive and decisive action that they have taken? I pay particular tribute to the Labour party and the shadow Solicitor General for supporting this measure, which I think shows the importance of the subject.

As the Lord Chancellor said, the first duty of any Government is to keep their people safe, and this Bill goes some way to increasing the likelihood that that will happen. It increases the likelihood of ending the uncertainty for victims, their families and those who have been affected by these atrocities, and it will go some way to restoring the confidence of my constituents and people across the country in the sentencing guidelines for people who commit these most hideous crimes.

I want briefly to talk about how terrorism affects everybody, directly or indirectly. There are two occasions in particular that stick in my mind. The first was 7/7. I was 15 years old at the time and—I hope hon. Members do not tell me off—I chose that day not to go into school. I remember the breaking news coming through on the television. My father was working in London at that time. In fact, my family were all working in London; I am a Londoner. I remember trying to make some phone calls to see whether they were okay. For some reason, I got a crossed line and got through to a lady when I called my father’s phone. This woman was trying to find out where her daughter was because she was using the tube that morning. She was terrified, fearful and concerned about where her daughter was. We spoke for just two minutes, but I tried to reassure her and she reassured me.

The other occasion was the Westminster Bridge attack, which happened while I was a special adviser to Sir Patrick McLoughlin. I was walking up Whitehall when the shots were fired, and was locked down in the Cabinet Office. Sir Patrick was locked down in here. Members of my family were desperately trying to find out whether I was okay, and I was trying to find out whether friends in this House and around the Chamber were okay. I mention both those occasions to show that we are all affected by terrorism.

Terrorism spreads fear, harms lives and, most importantly, costs lives. But this Bill goes some way to giving some reassurance to the victims, families and people who are affected by terrorism that those who commit these crimes will go to prison and stay there. Sadly, we cannot say with certainty that attacks such as the ones I have mentioned will not happen again. We all know that; I am afraid that it is the nature of the beast.

Chris Clarkson Portrait Chris Clarkson (Heywood and Middleton) (Con)
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My hon. Friend spoke extremely eloquently about his own experiences in London. Greater Manchester has certainly experienced its fair share of terrorism, including the 1996 bombing and the atrocity at Manchester Arena just three years ago. Does he agree that the terror does not just stop with the initial act, and that by restricting early release we are at least giving the family some comfort, some measure of protection from the damaging effects of the attacks and a chance to heal?

Paul Holmes Portrait Paul Holmes
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I absolutely agree. As he represents a constituency from that region, he will have seen the concern and fear that went across the region at the time of those attacks. That is absolutely why the Bill is necessary. May I pay tribute—as I should have done at the beginning of my speech—to the security services, the police and all those in the emergency services across the country who have to deal with these incidents? I also pay tribute and my respects to the victims and their families.

As I said, we cannot say with certainty that something like this will not happen again, but we can give certainty to people across the country that the perpetrators of these crimes are put away and kept away, with the reassurance that if they are, in consultation with the Parole Board, released two thirds of the way through their sentence, they will be monitored properly and in conjunction with the Parole Board.

Colleagues in all parts of the House will have their own memories of attacks like these, as do so many of us who live or work in London. We must never forget those who have lost their lives due to the barbaric actions of terrorists. We must also never let the spectre of terrorism stop us from living well. The aim of terrorism, as I have outlined, is to spread fear. I am enormously proud that the people of London—I am originally a Londoner—are not allowing these attacks to succeed by making us too afraid to go about our daily lives. This Bill goes some way towards removing the fear of victims, because the killers in these cases will serve their sentences and be monitored properly. The involvement of the Parole Board is absolutely essential, and I am grateful to the Lord Chancellor for outlining that.

We must question why these attacks happen. The perpetrators of the attack at London Bridge in November and of this month’s attack in Streatham were both released from prison automatically at the halfway point of their sentence, with no involvement from the Parole Board, to serve the rest of their sentence on licence. The fact that they were able to commit these atrocities shows that this approach must be changed, and that is why I am glad that the Government are doing so with this Bill. It is vital that automatic release is not applied to those convicted of terrorism offences and that the Parole Board is involved in each of these cases to assess whether or not these people should be released.

However, I do ask for some reassurance from the Minister on the point raised by my right hon. Friend the Member for Maidenhead (Mrs May). If the perpetrators of these attacks serve a full sentence or go through release in consultation with the Parole Board, we must not see that as the end of the journey. Rehabilitation, and a reassurance to people across this country that these people are being watched and monitored, is absolutely vital. We do not want another Streatham to happen. We know that this guy was on the records of the security services. Despite these actions being taken, it is absolutely vital that we have some reassurance that we will go further to make sure that these people are being monitored adequately.

These changes will not only make us safer but give the public more confidence in the ability of our criminal justice system to deal with terrorists. This is a valuable and much-needed piece of legislation. Moreover, it is the right thing to do. The Lord Chancellor is right to take action and should be congratulated on doing so swiftly. That is why I will support the Bill this evening.