Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 29th June 2021

(2 years, 9 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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My hon. Friend is right to analyse the figures closely. It is interesting to note that some of the assumptions that people make about foreign nationals and where they are from are out of date. My hon. Friend is right to highlight our agreement with Albania, but operationally those issues are difficult because often the individuals whom we have identified, prosecuted and properly incarcerated will not be known to the authorities in the receiving country and there are issues with identity. However, we carry on with our joint work across Government to ensure that as many of those foreign national offenders as possible are repatriated as quickly as possible. I think the latest cumulative figure over the past five years is about 5,000, but of course I will correct the record if that proves to be incorrect.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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It was good to see the Prime Minister and the Secretary of State condemning the harassment of Chris Whitty in recent days. However, the irony seems to be lost that Chris Whitty experienced textbook antisocial behaviour of the kind that happens increasingly up and down our country in every single community. Will the Secretary of State explain why antisocial behaviour has been rising for five years, yet use of antisocial behaviour orders and measures has fallen? When he introduces a victims Bill, will it include measures to give victim status to people who suffer from antisocial behaviour?

Robert Buckland Portrait Robert Buckland
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May I put on record my condemnation of the appalling incident involving Professor Whitty in the last few days? With regard to the way in which antisocial behaviour is policed, there have been welcome initiatives and, indeed, changes to the law by Government on preventive measures, particularly for young people and children. Our youth offending teams and other diversionary teams have done a lot to ensure that those issues do not end up before a court, when the damage is already done. I take the strong view that the distinction between crime and antisocial behaviour is artificial. Of course, I will look constructively at anything that we can incorporate in the forthcoming victims consultation and, indeed, the Bill, which, I assure the hon. Gentleman, will come.

End-to-end Rape Review

Peter Kyle Excerpts
Monday 21st June 2021

(2 years, 10 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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My hon. Friend rightly identifies the breakdown that can sometimes occur when one agency passes over responsibility to another. That should not be happening. There are plenty of examples where there is better practice, but it should be uniform. That is why, in the report, we place heavy emphasis on joint working between the police and the CPS to create a much more seamless approach to the support for victims. Victims find that if they have one main point of contact who is with them throughout the process, that makes things somewhat easier compared with the experience of others. That is a very important principle when it comes to the support that victims deserve. The victims code will, and does already with its improvements, set out fundamental and clear rights, and we will go further by enshrining those in legislation.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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The review that the Secretary of State has presented quotes victims as reporting that the withdrawal of services in recent years has played a crucial part in their failure to secure a prosecution. He has said in the media in recent days that the lack of investment and the cuts in recent years have played a part in the fall in prosecutions, so if disinvestment in parts of the criminal justice system is part of the problem, why has he presented a plan to Parliament that includes almost no reinvestment in the system?

Robert Buckland Portrait Robert Buckland
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I am grateful to the hon. Gentleman and, again, I pay tribute to the work that he has done on victims’ issues. Even though he has other responsibilities, I know that he will want to engage in the ongoing victims’ law consultation. I readily acknowledge some of the pressures and financial issues that have led to some services not being there, but some services were not even there in the first place. The number of ISVAs in the country is too low and that has historically been the case. I want to see not a return to a previous number but a new departure in the scale of support for victims. He will note the funding that I announced this year, which I want to follow up: I will continue to make the point and make the case that we need a sustained improvement in services to see long-term results. The hon. Gentleman’s voice is being heard.

Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) (Amendment) Regulations 2021

Peter Kyle Excerpts
Wednesday 21st April 2021

(3 years ago)

General Committees
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Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Efford, and it is also nice to see the Minister opposite me. That does not happen very often these days following his dizzy elevation, so it is good to see him today.

Nobody in this Room would want to be evicted from their home. It is not just the worry of where to spend the night that would keep most of us up; it is the fear of what comes next. Where do I sleep the night after? How do I arrange another rental if my landlord refuses to give me a reference? What do I tell my family? How do I help my kids? Some of us might be able to arrange a safe place to stay at short notice through a quick text to a friend or a phone call to nearby family, but not everybody has that luxury. For many people evicted from their homes, what looms is not a few nights on a sofa, but a genuine fear of homelessness and the prospect of having to sleep rough with no end in sight.

Homelessness is a political failing for which the Government should be held to account. That fact makes the Government’s consistent failure to identify a long-term solution to evictions during the pandemic all the more galling. Why is it that we are brought back here every couple of weeks to extend a ban that fails to tackle the underlying challenges of the housing sector? Why do the Government prefer continually to extend the short-term ban, rather than offer a long-term solution running to the end of the coronavirus restrictions that would offer renters and landlords certainty? Why do the Government continue to allow evictions for arrears built up since the start of the pandemic, despite the dire economic situation?

The Government’s disastrous handling of the economy has made the situation even worse. What is more, the failure to support households that are building up arrears has real consequences for those in more vulnerable financial situations. According to research from the National Housing Federation, 60% of households claiming universal credit are in rent arrears, with an average debt of nearly £610. The Government promised an end to no-fault evictions in their 2019 manifesto. Where is it? As with their victims Bill, the Government seem to prefer promises to real action.

Rather than offering sticking-plaster extensions to a ban already too limited in scope, Labour has ambitious plans for renters and homeowners everywhere. We would strengthen and extend the ban on evictions and repossessions until restrictions are over, extend mortgage holidays, raise local housing allowance to cover median market rents, reform housing law to end automatic evictions through the courts, reduce the waiting period to receive support for mortgage interest payments, retain the £20 universal credit uplift beyond six months, end the five-week wait, and suspend the benefits cap. Labour is on the side of renters and homeowners. Through their policy and practice, it is clear that the Tories are not. After this extension is ratified, it is up to the Government to transform the housing sector once and for all. The next time we are called back to a Committee like this I hope that such a transformative offer is on the table.

Police, Crime, Sentencing and Courts Bill

Peter Kyle Excerpts
2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021

(3 years, 1 month ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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It is a very nice try from the right hon. Gentleman, for whom I have the utmost respect, but it does not cut the ice. We know what has happened here. It is a party in panic that is weaving, twisting and wobbling because its internal management problems are far more important than the public interest. That is the truth. Here we are, at the end of a two-day debate, with the Labour party, which I concede has a proud record in supporting the police and maintaining law and order, now voting against measures to strengthen sentencing for rapists, burglars, drug dealers, sex abusers, killer drivers. All of that is being opposed by the Labour party. Let me tell Labour Members the price of that for their party.

Peter Kyle Portrait Peter Kyle
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Will the Secretary of State give way?

Robert Buckland Portrait Robert Buckland
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No, I am not going to give way.

Much has been said about the excellent campaigns run by Labour Members. I pay tribute to the hon. Members for Barnsley East (Stephanie Peacock), for St Helens South and Whiston (Ms Rimmer) and for Rotherham (Sarah Champion), with whom I have worked very well over the years on issues relating to child abuse. Imagine the impossible position that those doughty campaigners have been put in by their Front Benchers. They are now having to vote against the very measures that they campaigned for so assiduously. That is a terrible predicament for them to be put in. It is a disgrace, and the Labour Front Benchers should hang their heads in shame.

There have been in this debate many constructive and important contributions, and I want to in the minutes that I have left—

--- Later in debate ---
Robert Buckland Portrait Robert Buckland
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The hon. Gentleman knows that matters dealt with in court are matters for the independent judiciary, but I will look at the case, because it is vital that we make sure that those who are involved in organised crime and abuse—that is what that case sounds like to me—are properly dealt with, and that the wider issues are addressed. I share his concern.

Peter Kyle Portrait Peter Kyle
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Will the Lord Chancellor give way?

Robert Buckland Portrait Robert Buckland
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Not at the moment.

I am particularly pleased to thank my hon. Friend the Member for North Wiltshire (James Gray), who represented the family of Ellie Gould, the murder victim of whose case I think everyone in this House is fully aware. It is important to take on board the points he made about domestic homicide. I have spoken elsewhere about the importance of getting the balance right when it comes to the categories of murder. I committed to a review—I did that last week—and I will bring before the House further information on the content of that important review.

In the minutes left, I am pleased to commend to the House a radical new approach to the way in which we deal with young people—children—who are incarcerated in the secure estate. The days of locking them up and forgetting about them absolutely have to end; we all agree on that. That is why the measures to clarify the legal framework surrounding new secure schools will allow a complete change in the way in which we deal with, support, rehabilitate and educate children in our care. Schools with security will have education, wellbeing and purposeful activity at their very heart. As ever, I am grateful to my hon. Friend the Member for Aylesbury (Rob Butler) for his constructive suggestions and his work as a member of the Justice Committee.

Let me outline on the record the important provisions in the Bill relating to unauthorised encampments. Many right hon. and hon. Members have raised the issue. It is a real concern for many of our constituents.

Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 16th March 2021

(3 years, 1 month ago)

Commons Chamber
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Kit Malthouse Portrait Kit Malthouse
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My hon. Friend has done fantastic work over the last few years on the issue of homelessness, and it is to his great credit that he has focused on this particular cohort. As he knows, I hope, we are spending £50 million to expand our approved premises, providing temporary accommodation for prison leavers at risk of homelessness and ensuring that there is a proper rehabilitative approach to reintroducing them into society. However, he makes a good challenge on prison governors, and I will go away and make sure that we are seeing maximum compliance in the way that he intends.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Some 20% of sex offenders already have a previous conviction for sexual assault. The latest figures show that, in the last year, 37 convicted rapists already have convictions for the same crime and 14 have been convicted for rape three times previously. When will protecting women drive policy? The Minister cannot say it is now—just look at the numbers.

Kit Malthouse Portrait Kit Malthouse [V]
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The protection of women is at the forefront of much of the work we do. The hon. Gentleman will know that the Bill, which I gather he is going to oppose tonight, contains a number of measures that would help us in that fight, not least the serious violence duty, which will bring all partners in an area together to diagnose the problems related to violence in that area and promote a strategy to address it. I am surprised that he raised those particular points, given that the Bill currently going through the House contains the notion of longer sentences for those convicted of serious sexual offences. We think that that will be an enormous deterrent for those who are thinking about offending, and such measures will protect women in the future.

Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 2nd February 2021

(3 years, 2 months ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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I am afraid that I do not recognise the hon. Gentleman’s characterisation of the justice system prior to coronavirus. Waiting times in the magistrates court prior to coronavirus were about eight weeks, which is an entirely respectable figure. The outstanding case load in the Crown court prior to coronavirus—39,000—was quite low by historical standards and significantly lower than the 47,000 it was when Labour left office in 2010. Moreover, the HMCTS budget in 2020 was higher by some £200 million that it was in 2010. There is, of course, a great deal more that we need to do. A lot of money is being invested this year, and more money will be invested in the future. My right hon. and learned Friend the Lord Chancellor is working at pace on the royal commission on criminal justice, and we are expecting announcements in due course.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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It was revealed in a coroner’s court last week that in August 2019, an 18-year-old woman who was a victim of sexual assault was told that she would not get her day in court for 19 months. The day after, she lost her life to an overdose. The coroner said that the two events were linked. This was six months before covid landed on our shores. It is not covid that broke our system of justice—it is this Government who did it. Will the Minister offer an apology to that young woman’s family and to every single victim of assault and every single victim of crime in this country who is waiting month after month after month for justice?

Chris Philp Portrait Chris Philp
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I have already pointed out that our justice system prior to coronavirus was in good shape, with magistrates court waiting times, as I said in response to the last question, at about eight weeks and a Crown court outstanding case load that was low by historical standards, but we do recognise the distress that witnesses and victims in particular suffer. That is why, only yesterday, the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), and the Lord Chancellor announced an additional £40 million to support victims—that is extra money on top of additional money already—because we recognise the importance of victims in this system. A rape review is under way to make sure that these cases are brought to court as quickly as they can be, because we do recognise that they are taking too long. However, that is not just a courts issue; it is to do with disclosure rules, putting a case together and properly investigating these cases. Of course, the extra 20,000 police officers will help. Victims are at the forefront of our mind, and we will do everything we can to look after and protect them.

Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 8th December 2020

(3 years, 4 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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I am grateful to the hon. Gentleman. I know the new chair of the Youth Justice Board, Keith Fraser, will be particularly concerned about that figure. I reassure the hon. Gentleman that in many other areas we are seeing BAME representation higher than the national average. For example, there is an extremely encouraging figure for the probation service. I will look at that particular issue and discuss it with the chair of the YJB, because clearly he feels strongly about BAME issues and he will want to take appropriate action to see what we can do to improve that.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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In 2016, 22% of kids sentenced were black and minority ethnic. Now, it is 27%. Some 41% of youth prisoners were black and minority ethnic. Now, it is over half. The proportion of black and minority ethnic young people subject to the use of force in youth prisons has gone up from 41% to 48% since the Lammy review. This Government have been in power for 10 years. It has been two years since the Lammy review. It is not that not enough progress has been made; things are going backwards. Why should anybody have faith that this lot can sort it out?

Robert Buckland Portrait Robert Buckland
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With respect to the hon. Gentleman, he is just wrong about that—totally wrong. In the last 10 years, there has been a fall of 83% in the number of children receiving a caution or a sentence, and last year there was a fall of 19%. That means in actual numbers of lives and families, the number of children and BAME children affected is reducing. I accept the point about disproportionality—I acknowledged it earlier—but it is a calumny to say that the Government are inactive or uninterested in the issue. We have made incredible progress in 10 years. The child population in our young offender institutions or other institutions is now down to about 500. That is a generational low, and he should pay tribute to the Government for presiding over such dramatic change.

Public Health (Coronavirus) (Protection From Eviction and Taking Control of Goods) (England) Regulations 2020

Peter Kyle Excerpts
Monday 7th December 2020

(3 years, 4 months ago)

General Committees
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Alex Chalk Portrait The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
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I beg to move,

That the Committee has considered the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (S.I., 2020, No. 1290).

It is, as always, a pleasure to serve under your chairmanship, Sir David. The statutory instrument prevents enforcement agents—bailiffs, in plain English—from entering residential premises in England to execute a writ or warrant of possession until 11 January, except in the most serious circumstances.

The purpose of the measure is to protect public health by preventing people from being evicted from their homes by enforcement agents at a time when the risk of virus transmission is high and when local authorities and NHS services are typically under additional strain over the Christmas period. The instrument builds on the Government’s previous guidance on enforcement activity during the national lockdown in England, which was introduced by the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, and on the intention to have a winter pause on evictions, which the Government announced on 10 September. The instrument before the Committee also prevented enforcement agents from entering residential properties to take control of goods during the national lockdown that ended on 2 December. It applies to enforcement action in England only.

The Government took unprecedented action to ensure that renters were protected from eviction at the height of the coronavirus pandemic, including by providing significant financial support and agreeing with the courts to use powers relating to court procedure to stay possession proceedings for a total of six months, until 20 September. That stay could only ever be temporary, however; the civil justice system and the rules that underpin it must be accessible, fair and efficient for tenants and landlords alike.

Ahead of the end of the stay on possession cases in the courts, the Government put in place a number of measures to manage the resumption of cases carefully, so that the courts were not overwhelmed and could make decisions; so that the most vulnerable could get the help and support they needed; and, in particular, so that tenants could have access to legal advice and support. The Government also worked with the judiciary and others to put in place new court arrangements to ensure appropriate support to all parties. Those court arrangements are in place and are working well, and I pay tribute to the working group convened by the Master of the Rolls and chaired by Mr Justice Knowles for the key role that it has played.

In addition, the Government took legislative action. The Minister for Housing laid a statutory instrument on 28 August to amend schedule 29 to the Coronavirus Act 2020 to require landlords to provide tenants with six months’ notice in all but the most serious cases. That approach ensures that tenants will remain safe and have additional time to find new accommodation, while empowering landlords to take action where necessary—if a tenant’s antisocial behaviour is severely affecting their neighbours’ quality of life, for example.

We have also taken some targeted action on the enforcement of evictions to protect public health during the extraordinary circumstances of the coronavirus pandemic. In September, guidance was issued to bailiffs to request that the enforcement of possession orders did not proceed in areas where local lockdown regulations restricted gatherings in residential properties, to prevent tenants being forced out of their homes at an unsettling time in areas where public health risks could be greater.

The Government also announced in September that we would take steps to prevent eviction action taking place over the Christmas period, ensuring that vulnerable tenants are not forced from their homes at a time when public and local authorities may be dealing with the usual level of increased demand on services. Bailiffs were issued guidance that they should not enforce writs or warrants of possession, other than in the most serious circumstances, between 11 December and 11 January, during the winter pause I mentioned. That is the necessary context—forgive me for setting it out in some detail, Sir David, but it is important.

At the beginning of November, following the introduction of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020, enforcement agents were asked not to enforce evictions nationally at a time when the risk of transmitting the virus was high and a number of significant restrictions were in force. As the national restrictions were set to end just before the end of the national winter pause, the Government decided that it was appropriate to build on the guidance not to enforce evictions in England during that time with the legislative measure before the Committee. We therefore laid this instrument in Parliament on 16 November, to come into force on 17 November. We were able to do so because it was an urgent matter taken under the public health legislation. Today’s proceedings are now required to ensure that this made affirmative legislation continues to have effect.

The instrument is consistent with the policy that the Government have adopted since the start of the pandemic. It aims to strike a balance between prioritising public health and supporting the most vulnerable, while ensuring that landlords can access and exercise their right to justice in the most serious cases. For that reason, the instrument contains some limited exemptions from the ban on the enforcement of evictions. These exceptions relate to circumstances where the Government feel that the health risk is lower, or the competing interests of preventing harm to third parties or taking action against egregious behaviour are sufficient to outweigh the public health risks in enforcing eviction.

The instrument provides the following exemptions to the restrictions on enforcing evictions: first, where the claim is against trespassers who are persons unknown, and secondly, where the order for possession was made wholly or partly on the grounds of antisocial behaviour or nuisance, false statements, domestic abuse in social tenancies, substantial rent arrears equivalent to nine months’ rent that predate 23 March 2020, or the death of a tenant where the enforcing agent attending the property is satisfied that the property is unoccupied. The Government believe it is important that there is a clear, uniform and transparent process for establishing whether an exemption to the ban on evictions applies. For that reason, the instrument contains a requirement for the court to be satisfied on a case-by-case basis that an exemption applies.

The measure will be in force until 11 January. New rules require that all bailiffs must give 14 days’ notice of an eviction, which means that in most cases evictions will not resume anywhere in England until 25 January at the earliest. We continue to keep the position regarding the enforcement of evictions in local tiers under review, following the expiry of the national restrictions over the midwinter period. I know there has been significant interest in the House in the effect of removing tenants’ protection from eviction, which was provided by the stay on possession proceedings between 27 March and 20 September this year. Concern has also been expressed by hon. Members about the impact of these restrictions on the rights of landlords, who are dealing with difficult situations in which there is no reasonable alternative to possession proceedings.

The statutory instrument also set out a nationwide prohibition on enforcement agents taking control of goods inside residential properties while the national restrictions are in place. The measure did not prevent enforcement agents from taking other steps to enforce debts and fines under the taking control of goods procedure, including making contact via remote means such as telephone; visiting, but not entering, properties; taking control of goods located outside homes or on the highway; and enforcement at business premises. The Government believe that such steps may be safely undertaken in line with the Government’s published covid-secure guidance for enforcement agents using the taking control of goods procedure. The Government’s view, therefore, is that this policy strikes a proportionate balance between protecting against the risk of transmission and allowing the continuation of the administration of justice.

Forgive me for one moment as I find the next part of my speech.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Want to read mine?

Alex Chalk Portrait Alex Chalk
- Hansard - - - Excerpts

Thank you for that kind offer.

I will close by saying that the courts remained open throughout the national restrictions in November. The court rules and procedures introduced in September will ensure protections for both tenants and landlords. For example, landlords are required to send the court information about the impact that the pandemic has had on their tenant; a new review stage has been introduced so that tenants can access legal advice; and landlords are required to reactivate any existing claims that were in the system before 3 August. The Government have published comprehensive new guidance for landlords and tenants to explain all these new arrangements and their impact on the court possessions process.

Our approach strikes the right balance between prioritising public health and supporting the most vulnerable renters, while ensuring that landlords can access and exercise their right to justice. Landlords can action possession claims through the courts, but evictions will not be enforced apart from in the most serious cases. This instrument provides tenants with protection from eviction, ensuring that vulnerable tenants are not forced from their home at a time when public and local authorities may be dealing with the unusual level of increased demand on services. I therefore commend the regulations to the Committee.

Peter Kyle Portrait Peter Kyle
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It is a pleasure to serve under your chairmanship, Sir David, on this cool Christmas evening.

I will start with the aspects of the instrument that the Opposition consider positive. The measures in the regulations will come as a relief to people up and down the country. No one wants to see people evicted from their homes in the middle of a deadly pandemic. As we are all too aware, many have found themselves in perilous financial situations this year and struggled to pay their rent from week to week. The Opposition think it essential that none of those struggling households—those in both the private and socially rented sectors—are forced out of their homes this Christmas. It would be not only deeply immoral but hugely dangerous and counterproductive to deny people the safety of their home while the virus persists.

In March, the Secretary of State for Housing, Communities and Local Government promised that

“no one should lose their home as a result of the coronavirus epidemic”

and the Opposition agreed wholeheartedly. During the first wave, the Government attempted to live up to that promise by introducing a nationwide ban on evictions. Following pressure from the Opposition, they extended the ban twice. In the run-up to the ban ending, the shadow Secretary of State for Housing, my hon. Friend the Member for Bristol West (Thangam Debbonaire), repeatedly warned that the Government would have to extend the ban yet further. The Housing Minister assured her

“we are moving out of the worst of the epidemic”—[Official Report, 22 July 2020; Vol. 678, c. 2170.]

but all the evidence at the time showed and subsequent events have shown that the Opposition were, unfortunately, correct.

It was scandalously and deeply myopic of the Government to lift the evictions ban just when the evidence was showing we were heading into a second wave. Just when renters and homeowners needed protection the most, the Government decided to take it away. The Government went against the advice of the Opposition, the chief medical officer and various other public health bodies, who all warned of a rise in covid infections if they forced people into homelessness or serious overcrowding. If they had listened to that advice, the original ban on evictions still be in place and these regulations would not have been necessary.

Let us be crystal clear: the regulations are not a ban on evictions; they simply prevent enforcement agents from carrying them out. They prevent enforcement agents from physically taking possession of a home, but they do not stop eviction notices from being sent to homes. Meanwhile, the courts remain open to hear possession claims. After a year of unimaginable hardship, eviction notices will be landing on thousands of doormats this Christmas, reminding people that they could be homeless when January comes and the effect of these provisions ceases. That is simply scandalous. What is more, it could so easily have been avoided had the Government chosen to follow the Opposition’s advice and reinstated a national ban on evictions.

The regulations provide some protection to tenants who would otherwise have nothing, so we will not oppose them today, but they will only delay, rather than prevent, the looming evictions crisis. We need a long-term plan to ensure that nobody loses their home because of coronavirus. That starts with early planning. I would therefore appreciate the Minister answering some questions.

What are the Government doing to prevent illegal evictions, reportedly up by 50% since the beginning of the pandemic? Do the Government recognise that figure? Do they collect data on illegal evictions? I cannot tell whether they do. What are they doing to ensure that local authorities have the financial resources to pay vital discretionary housing payments to those who are struggling? Will the provisions of the regulations continue in tier 2 and tier 3 areas after 11 January, or will people in those areas be left high and dry, just as they were in September?

I turn to the second aspect of the regulations: the taking of goods. During the first lockdown, the Government passed legislation to prevent enforcement agents from entering properties and taking control of goods. Following the end of the first national lockdown, the restrictions on taking goods were lifted, just a few days before the second wave took hold. As with the lifting of the eviction ban, that was a stunningly short-sighted decision which Labour vehemently opposed.

Following the second national lockdown, from 5 November until 2 December, the Government legislated to ban enforcement agents from taking control of goods inside residential properties. Unfortunately, that ban was only effective for the time the national lockdown was in force. Given that the national lockdown has now come to an end, bailiffs will be permitted to enter homes in tier 1 areas and conduct visits to homes in tier 2 and 3 areas. The current arrangement is purely a voluntary one, between the Lord Chancellor and the Civil Enforcement Association. It could be fudged or broken at any time. We believe that it is simply wrong that, through a lack of legislation, the Government are placing many clinically vulnerable people at increased risk of catching covid as a result of allowing bailiffs to visit their homes. That is in stark contrast to the Government’s approach to the enforcement of evictions. Why does the Minister think it is necessary to stop enforcement of evictions but not necessary to prevent enforcement agents from visiting homes?

During a deadly pandemic, especially at Christmas, enforcement visits are both dangerous and unnecessary. They also force those who are already struggling into even further debt, as each visit by an enforcement agent adds £235 to a person’s debt, even if the purpose of the visit is not achieved. At a time when the Government should be focusing on economic recovery, these visits will force vulnerable people into further, deeper debt.

This Christmas will be hardest that many people experience, even without the additional fear of a knock on the door from the bailiffs. With that in mind, will the Minister answer the following questions? Why is the Government’s approach to the taking of goods so different from their approach to enforcing evictions? Will the Minister commit to passing legislation to ban bailiffs from visiting properties until at least January? If not, will he at the very least legislate to prevent agents from entering homes in tier 2 and tier 3 areas? Finally, will he commit to implementing the recommendations of the Justice Committee’s April 2019 report and appoint an independent industry regulator?

Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 3rd November 2020

(3 years, 5 months ago)

Commons Chamber
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Alex Chalk Portrait Alex Chalk
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Let me deal with this point about courts. Because so much money has gone into providing perspex and so on, the number of courtrooms available for trials is higher than the baseline. That is important. Even before this pandemic, we had increased by 50% the amount of funding that was going into rape support centres, because we recognised the importance of providing that support. We will continue to support individuals through independent sexual violence advisers and through providing that capacity in our court system so that victims can get the justice they deserve.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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The court backlog is not just a number; it is a tragedy for every victim who is awaiting justice. The Tory PCC for Hertfordshire wrote to Ministers back in June to say that victims were pulling out of trials and that criminals were walking away scot-free as a result. How many crimes need to go unpunished before Ministers will come before the House with a plan backed up by targets and resource so that criminals are brought to justice?

Alex Chalk Portrait Alex Chalk
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I regret that the hon. Gentleman has not read the plan that has been published, because if he had, he would know that in the magistrates courts the backlog is being eroded, because disposals have exceeded receipts since the end of July, and that the number of trial courts is higher than the baseline. If he had read the report, he would know that. This Government are keeping courts running and ensuring that justice will be served.

Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 22nd September 2020

(3 years, 7 months ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer
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I would like to clarify what the hon. Lady has said. We have not actively supported the lockdown; when we went into the pandemic, we were told by Public Health England that we were potentially facing 2,500 deaths in our prisons, and we rightly took action very quickly to stem that. Every death is tragic, but I am very pleased that, through our efforts, we only had 23 deaths. The problems in the youth estate are very different, but, equally, we did not want transmission among users and staff, leading to the NHS becoming overwhelmed and staff getting sick, so we took measures that were appropriate at the time. As I mentioned to the hon. Member for Lancaster and Fleetwood (Cat Smith), we absolutely recognise the importance of education. It is something that we are prioritising and have prioritised, and we will continue to do so.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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It is good news that in the years approaching covid, the number of young people required to attend court fell by 10,000, but the bad news is that the backlog of young people requiring justice—their day in court—stayed the same over the same period. If Ministers lack the competence to end the backlog at a time when demand is falling by a third, what hope is there of the Government getting a grip in the challenging times ahead?

Lucy Frazer Portrait Lucy Frazer
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It is vital that we manage the backlog in the courts, and we are doing so across Her Majesty’s Courts and Tribunals Service. I am looking closely at the youth estate because it is vital that we ensure that the youth—who are particularly vulnerable and who cannot do as many remote hearings as those in the adult estate—get justice and get it swiftly. We have opened up a number of youth courts and are working hard to ensure that youth justice continues.