71 Richard Burgon debates involving the Ministry of Justice

Wed 24th Jul 2019
Thu 4th Jul 2019
Tue 25th Jun 2019
Divorce, Dissolution and Separation Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons

Oral Answers to Questions

Richard Burgon Excerpts
Tuesday 14th January 2020

(4 years, 4 months ago)

Commons Chamber
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Wendy Morton Portrait Wendy Morton
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I am grateful to my hon. Friend for her question. She brings a huge amount of experience in family law to this place. She has made an important point. The Government have always made it clear that it is important that legal aid should be targeted on those who need it most. Applicants for legal aid funding are subject to a stringent merits test. We have begun a review of the legal aid means test to ensure that those who need legal aid, particularly the vulnerable, can continue to access it in future.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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Before asking my question I want to put on record the fact that my thoughts and, I am sure, those of the whole House are with the prison staff at HMP Whitemoor and their families after the horrific attack last week.

Over a year ago, the UN special rapporteur said that Conservative cuts to legal aid had

“effectively deprived”

people

of their human right to a remedy.”

Is it not the case that if the UN special rapporteur returned today they would make exactly the same finding because the Government have not done anything to address that? Is that failure to respond the result of incompetence or is it simply because they do not care?

Wendy Morton Portrait Wendy Morton
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I do not accept the accusations made by the hon. Gentleman. I have made it absolutely clear that access to high-quality, early legal aid can be important in supporting people in resolving their problems at an early stage. Last year, we spent £91 million on early legal advice through legal help, and our total spend was £1.7 billion. We are in the process of launching a series of pilots offering support to people with social welfare problems such as housing. I believe in access to justice, which is a fundamental right, and the Government are committed to ensuring that everyone can have the timely support that they need.

Richard Burgon Portrait Richard Burgon
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What people who are denied their basic rights need from the Government is action, not words. The UN special rapporteur said that the cuts had “overwhelmingly affected the poor” and disabled people. Labour is calling for the return of all legal aid-funded early advice, which would be a lifeline for the single mother standing up to a lousy landlord, the worker standing up to a bullying boss, or the migrant fighting cruel Home Office policies. Does it not say everything about whose side the Government are on that they are deliberately preventing those people from defending their hard-won rights?

Wendy Morton Portrait Wendy Morton
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No, I do not accept that. I go back to my earlier point: we believe in access to justice, particularly early legal support for those people who absolutely need it. We have pilots, and the innovation fund is being introduced. The Government remain firmly committed to helping those people who need early legal support and legal advice.

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Robert Buckland Portrait Robert Buckland
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I welcome my hon. Friend back. We have missed her for the last two and a half years; it is good to see her back in her place. I pay tribute to her for her community campaigning in Derby North. She is absolutely right to raise the issue of career criminals. Sadly, there is a cohort of people who are very hard to reach, which is why all options have to be open to sentencers, including custody. But it will be part of our plans, canvassed in a White Paper ahead of any sentencing legislation, to see what extra programmes and measures can be taken to deal with that particular cohort of persistent offender.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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For far too many, prison is the worst place to tackle the issue of debt, substance abuse and mental health problems that led them to commit crimes in the first place. Figures that I uncovered show that nearly half of all women sent to prison were homeless—up 70% in just four years. Many thousands are stuck in a destructive cycle of short sentence after short sentence, which costs a fortune, does nothing to reduce reoffending and fails to keep the public safe. Is it not about time that the Government face the facts and, finally, properly invest in alternatives to prison for less serious offenders?

Robert Buckland Portrait Robert Buckland
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I reassure the hon. Gentleman that that is precisely my policy. It is not just about being tough on crime, though public protection is important; it is about being smart on crime as well. Having had experience as a sentencer, the last thing we need to do, with respect to him, is to reduce sentencing options and prevent sentencers from imposing short sentences where appropriate. That has to be one of the tools in the box. Frankly, at the last election, he and his party advanced a mistaken policy.

Richard Burgon Portrait Richard Burgon
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Unlike the Conservative party, we care about what works. The Conservatives like to claim that they are not ideologues, but the Government’s own evidence shows that 30,000 fewer crimes would be committed each year if the Government properly invested in alternatives to prison. Does the Justice Secretary accept that his Government’s decision to chase headlines in the right-wing press, rather than acting on the evidence, will leave people right across our country facing higher levels of crime? Is it not time that he acted on his own Department’s evidence and put an end to ineffective super-short prison sentences?

Robert Buckland Portrait Robert Buckland
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It is a bit rich to be lectured about ideology and an ideological approach by the hon. Gentleman. After nearly 20 years in practice and now over 30 years’ experience of the criminal justice system, the approach that I and my team will be taking will be a multi-layered approach that will emphasise the importance of protecting the public and making our streets safer, while at the same time increasing the sentencing options on community orders to deal with the drivers of less serious crimes such as drug addiction, alcohol addiction, family relationships and accommodation. We understand it, we absolutely get the point and that is what we are going to be getting on with.

Oral Answers to Questions

Richard Burgon Excerpts
Tuesday 8th October 2019

(4 years, 7 months ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer
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I pay tribute to the centre’s work, which I am sure is important to the hon. Lady’s local community. There is funding from a variety of sources for women’s centres and, as I mentioned, it is something we will be looking at very carefully as we develop the female strategy. We have funded a number of very valuable women’s centres over the past year, including the Sunflower Centre in Plymouth and a new women’s centre in York.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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Two thirds of women sent to prison get sentences of less than six months. Such sentences are proven to lead to more reoffending, and so create more victims of crime than tried and tested alternatives such as women’s centres. The Justice Secretary and his team know this, but they have chosen to ignore the evidence. Will the Minister tell the House today how many crimes her Department’s own research shows will be prevented by investing in such alternatives to ineffective short prison sentences?

Lucy Frazer Portrait Lucy Frazer
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We are very interested in looking at alternatives to prison sentences. Although we want the most serious offenders who commit serious violence and sexual crimes to spend the appropriate time in prison, we want to ensure there are sentences on offer in which the judiciary have confidence and that will turn people’s lives around. We are already working to improve the quality of information that sentencers receive about community sentencing options, including, for example, whether an offender is a primary caregiver and is pregnant or has given birth in the previous six months, so they can take that into account and give the appropriate sentence.

Richard Burgon Portrait Richard Burgon
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To help with that answer: the Government’s own research says that investment in alternatives would see more than 30,000 fewer crimes every year, an answer the Minister omitted, yet the Tories are deliberately choosing to ignore the evidence and are failing to invest properly in women’s centres and other proven alternatives. Instead, they are chasing “hang ’em and flog ’em” headlines, thinking that will help them win the coming general election. Luckily, the British people are not the mugs they are trying to take them for.

Does the Minister agree with her own Department’s report from July, which notes a

“statistically significant increase in proven reoffending”

for those on short sentences rather than effective community alternatives? If so, will she act on it?

Lucy Frazer Portrait Lucy Frazer
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I think the hon. Gentleman failed to listen to my previous answer on the importance the Government place on appropriate sentences and on our particular strategy for female offenders. I was at HMP Send a few weeks ago, and I saw how we are turning people’s lives around in prison. I met a woman who was due for a parole hearing—she is a lifer who has served 10 years—and she told me that she is not actually ready to be released because of the amazing support she is getting through the therapeutic community in her prison. For the first time, she is realising the consequences of her actions. We are absolutely committed to ensuring that women get the right sentences and the right provision in the community and in the prisons.

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Robert Buckland Portrait Robert Buckland
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I read the transcript of what Lord Pentland said with great interest. Of course, that matter is subject to appeal, and it would be wrong of me to speak about it in detail, but those comments are noted.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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We have seen the Justice Secretary forced to take to Twitter to defend the independence of the judiciary and the rule of law after recent briefings from No. 10 Downing Street. He may well have to do that again later today, after this morning’s headlines. The Attorney General has briefed the press that he will resign if the Government refuse to adhere to the law demanding an extension to rule out no deal. Will the Justice Secretary do the same?

Robert Buckland Portrait Robert Buckland
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I hope that Members in this House and elsewhere feel that I have discharged my duties under my oath, and I will continue to do that. I will take whatever step I deem necessary to make sure that I am true to that oath, and to the rule of law.

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Robert Buckland Portrait Robert Buckland
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I am distressed to hear that from my hon. Friend—I have sat as a judge in Hereford and it is a most pleasant court. Matters of jury service and jury duty are, of course, for the court system, and it would be inappropriate for my Department or Ministers to—[Interruption.] No, I am sorry; it is not appropriate for us to intervene in these matters. This Parliament changed the rules about jury service some years ago not to exempt Members of Parliament, or indeed judges or barristers. That was the right thing to do. While the system is there to accommodate my hon. Friend and his needs, like all other members of the public, we just have to work with respect to the system.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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The coming Labour Government are committed to restoring all legal aid-funded early legal help. That will restore legal aid help in nearly half a million cases, but the Government refuse to do it, so which of these groups of people does the Secretary of State think would be undeserving of such legal help: the 50,000 or so people who get help fighting dodgy landlords and other housing issues; the 90,000 or so people who get help fighting cruel decisions denying them the social security that they are entitled to; or the thousands of people who get help taking on bullying bosses? Which is it, or will the Government change their mind and agree to back this policy?

Ministry of Justice Spending

Richard Burgon Excerpts
Thursday 3rd October 2019

(4 years, 7 months ago)

Commons Chamber
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Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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I thank the Justice Committee for securing today’s debate. Its members play a crucial role in highlighting the failings in our justice system and in offering very constructive ways to tackle them. I also welcome the new junior Justice Minister to today’s debate. It is a shame that the Justice Secretary himself could not be here; perhaps he is busy having to defend the rule of law again after some not very anonymous briefings from Dominic Cummings, his boss. Perhaps he does not want to defend his own record that we have just heard about of voting for Conservative cuts, which have caused such damage to our justice system. Our justice system is in a Tory-created crisis. The driving cause is cuts of billions of pounds over the past decade, with the Ministry of Justice the second most cut Department.

We have heard a lot today about percentages here and millions there, but beyond that there is a real human cost to these cuts. What effect does the Minister believe that Government cuts have had on public safety? Does he believe that halving youth offending team budgets, along with wider cuts in youth services and elsewhere, has contributed to the violence that has seen the loss of too many young lives? What impact does he think that these justice cuts, along with those to the police and the CPS, have had on tackling serious crime? For example, what impact does he think that they have had on the all-time record lows of rape convictions that mean that women’s groups are warning that rape is now effectively decriminalised?

I want to be clear that the Conservative party’s cuts have left our criminal justice system less able to keep our streets safe and ensure that victims of serious crime get justice, and have enabled a wave of violence that affects too many families. That is the record of the Conservative party and we will never let its members forget it.

Cuts have consequences, and nowhere is that clearer than in our prisons. Slashing hundreds of millions of pounds every year from prison budgets and axing thousands of staff unleashed unprecedented levels of prison violence. Political choices at the very top caused that. Prisoners, staff and the wider public paid the price. Recent one-off funding awards to prisons are simply tinkering at the edges. Everybody knows that tackling understaffing is key to making prisons safe, yet there are still thousands fewer officers than in 2010. The latest figures show numbers falling again. Is the junior Minister aware of any plans to return levels to those of 2010 as the Labour party has committed to do? None was announced at the Conservative conference. Will he confirm that any prison officers recruited above the 2,500 announced in 2016 have been funded not through new Treasury funding, but within existing Department budgets? Could he clarify what else has been cut in justice to fund them?

Over the summer the Prime Minister pledged funding for 10,000 new prison places; 10,000 new prison places were also promised by each of the five previous Justice Secretaries in every year since 2015 and by the last two Conservative Prime Ministers. Will the Minister apologise to the public for trying to pass this off as a new announcement, as he and the Prime Minister have both done? We do not need 10,000 new prison places or repeats of the errors of the past. We need effective alternatives that are proven to keep the public safe. As we have heard, women’s centres are one such alternative. Members of the Government’s own advisory board on female offenders have expressed frustration at this underfunding, stating that at least £20 million is required annually for community provision. A Labour Government will immediately plug the funding gap in the female offender strategy. Does the Minister have plans to do the same?

Nearly two thirds of short-term prisoners go on to reoffend, committing crime costing £7 billion to £10 billion a year, so will the Minister confirm that the Government have scrapped plans to legislate for an end to ineffective short-term sentences? The Ministry’s own evidence shows that 30,000 victims of crime each year could be prevented by replacing ineffective short-term prison sentences of less than six months with community orders. Will the Minister explain why the Government are ignoring that evidence?

As we have seen, justice cuts go hand in hand with a push for privatisation. Since we last debated the Ministry of Justice budget, the Government have been forced to take HMP Birmingham off G4S and return it to public ownership, yet the Conservative party simply refuses to learn the lessons and plans yet more privately run prisons. Why did the Government insist that these new prisons had to be privately run? Why was the public sector excluded from bidding? Is this not simply ideological? Will the Minister publish the research that led the Government to decide that this apparent carve-up is actually supposedly in the public interest? The companies bidding for new prison contracts need to be clear that a Labour Government will put an end to our prisons being run for private profits. These private companies should not bother wasting their money bidding for such contracts because our lawyers will be better than theirs, and will ensure that those prisons are put back into public ownership.

Probation was one area of privatisation that even the Conservatives have had to agree to reverse, but only after hundreds of millions of pounds were wasted bailing out failing companies that had not even managed to keep the public safe. However, the Justice Secretary managed nothing more than a single, vague platitude about probation in his party conference speech. There are concerns that the Government still plan for £280 million of annual probation contracts to be allocated by the market, and that that is a ruse to allow failing corporate giants to keep their hand in. Will the Minister make a commitment today that none of the companies that botched probation will be allowed to run these new contracts?

The single mention of probation in the Justice Secretary’s party conference speech was disrespectful to a system that manages a quarter of a million offenders in the community, but at least it did get a mention. There was not a single mention in his conference speech of courts—unbelievable, especially as the Tories are not just under-investing in our courts but are selling off hundreds of courts and sacking thousands of court staff, undermining the ability of victims and witnesses to access justice. The NAO’s recent report on court reform found that progress was behind schedule, with expected savings having fallen by over £170 million. Does the Minister accept that there is a real risk that these court reforms will repeat the failings of probation reform, and without such scrutiny? Will he back Labour’s call for a moratorium on further closures until there has been proper public and parliamentary scrutiny of these changes?

On access to justice, just as with courts, there was not a single mention of legal aid in the Justice Secretary’s conference speech—absolutely disgraceful. Labour is committed to reversing all cuts to legal aid-funded early legal help within the first 100 days of a Labour Government. There is, as we have heard, clear evidence that cuts to legal aid-funded advice are simply a false economy, but if the Minister is not prepared to look at the evidence, will he at least commit today to undertaking independent research into how much the state can save by restoring all funding for early legal help?

This July, Lambeth Law Centre announced its closure after nearly 40 years of service, citing financial pressures caused by legal aid cuts. Is the Minister aware of any MOJ plans for an emergency fund to prevent more law centres from going under? Given that a PwC report calculated that law centres produce direct net cost savings to the Treasury of over £200 million, does the Minister plan to undertake research into the benefits of investment in legal support for disadvantaged communities?

In conclusion, today has been an important opportunity to discuss a Department that is much neglected by the Government—well, neglected in one sense, but certainly vigorously attacked in another. For those who thought that the latest Secretary of State for Justice would bring a welcome and moderating approach, his conference speech, with its paucity of detail and no mention of crucial things raised today by Members on both sides of the House, will cause incredible concern. The Ministry of Justice is a Department in crisis. That is not a situation that has fallen from the sky; it is the direct political consequence of how people have run this country for the past nine years. I hope and trust that those people will not be running the country too much longer.

Feltham A Young Offenders Institution

Richard Burgon Excerpts
Wednesday 24th July 2019

(4 years, 10 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Edward Argar Portrait Edward Argar
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I will focus on what Wetherby has been doing right, as highlighted in the recent report. The governor of Wetherby is doing a lot of work to ensure that his staff and new recruits get not only up-front training but continuous training over a 12-month period, which makes a real difference to them. It has a strong and effective regime and the governor is focused on continued access to that regime; that is hugely important. The Keppel unit also does very important work in helping some of the most challenging people in the prison to tackle the underlying causes of their trauma, offending and behaviour. I believe we have a lot to learn from Wetherby and that Andrew Dickinson will help the governor of Feltham in playing a key role in making progress.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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Two years ago we stood here for an urgent question on the crisis in our prisons after the chief inspector warned that not a single establishment inspected was safe to hold children and young people. Does the Minister accept that the chief inspector issuing an urgent notification for the first time in the youth estate highlights how the Government are overseeing a dangerous collapse in safety for children in custody, and that that shows, unfortunately, how little the Government have done in those two years?

The general prison crisis is bad enough, but we are talking about children—children in dangerously unsafe conditions. The chief inspector warns that in Feltham the

“speed of this decline has been extraordinary”,

violent incidents are up by 45% since January 2019, and self-harm has increased fourteenfold in two years. When was the Minister first aware that the situation was spiralling out of control? What has been done since then? Will he agree to report to this House before seeking to end the temporary ban on children being sent to Feltham?

Later today we will get yet another Justice Secretary—the fifth I will have faced in just three years. I am sorry to say that I am sick of the warm words, sick of the speeches giving the impression that something is being done, and sick of the media stunts that serve as a springboard for leadership bids. Does the Minister agree that the chaotic approach to leadership in the Ministry of Justice deepens the crisis caused by unacceptable prison cuts? Finally, does he agree that whoever takes over as Justice Secretary must go beyond empty rhetoric and finally make the safety of young people in custody an urgent priority?

Edward Argar Portrait Edward Argar
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I am grateful to the hon. Gentleman for his contribution, if not for his tone. This may be the first time I have faced him directly across the Dispatch Box for an urgent question, and it might also be the last time—who knows? He asked a number of specific questions. He will be aware that, following his comments in 2017, the chief inspector said subsequently that it is no longer the case that there is no safe institution. It is important to draw that to the attention of the House and to mention again the Wetherby report. It is clear that this is not a systemic problem in the youth custodial system. That said, none of that, as the hon. Gentleman rightly says, detracts from the fact that what has been reported from Feltham is a cause of deep concern and must be addressed as a matter of priority.

Since my appointment last summer, I have been following the performance of Feltham and, indeed, all the other youth custodial institutions in my portfolio. I have held a number of meetings both with the governor and with the director of youth custody service, to discuss progress in Feltham and what more needs to be done. As I have made clear, considerable additional resource has been put in, so this is not a matter of spending or resource, and a considerable number of additional staff have been put in, so it is not down to that, either. It is important that we put that on the record rather than indulge in rhetoric about cuts, which do not apply in this case. The smile on the hon. Gentleman’s face suggests that I have a point. I continue to take a very close interest in the issue, particularly in recent months, and I have engaged with the hon. Member for Feltham and Heston (Seema Malhotra) and kept her up to date.

The hon. Gentleman asked when the temporary ban on placements will be brought to an end and how the House will be involved. That is an operational decision to be made by the director of the youth custody service. I am not able to bind my potential successor to how that is handled, but I am sure that whoever stands at this Dispatch Box with that responsibility will wish to keep the hon. Lady and, indeed, the House informed on that important issue.

The hon. Gentleman concluded with comments about leadership at the Ministry of Justice and the number of Secretaries of State and Ministers. I have to say that his characterisation of how the Ministry of Justice works certainly does not accord with my experience of working there every day. I pay tribute to my right hon. Friend the Member for South West Hertfordshire (Mr Gauke), who has recently departed the role of Secretary of State for Justice. The hon. Gentleman is right to highlight the number of Ministers, but I suspect that their departure and the churn rate has little to do with his performance as their shadow and rather more with other factors. This Government and whoever leads the Ministry of Justice are entirely clear in their view that we must do everything we can to ensure that any children detained in custody are accorded care and support of the highest quality and are safe.

Oral Answers to Questions

Richard Burgon Excerpts
Tuesday 9th July 2019

(4 years, 10 months ago)

Commons Chamber
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Paul Maynard Portrait Paul Maynard
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I certainly hear what my hon. Friend says. Our thoughts will always be with those who have lost loved ones in any terror attack. Our review of legal aid shows that bereaved families do not need specific legal representation at the vast majority of inquests. It is important to ensure that these inquests remain inquisitorial, but what is known as equality of arms has to be a key consideration, as we know from Dame Elish Angiolini’s report. I am therefore working closely with my officials to look at what more can be done to help those families who are in an inquest situation.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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This month marks 70 years since the post-war Labour Government introduced the Legal Aid and Advice Act 1949. Tory cuts have decimated access in recent years, and those cuts alone mean 90,000 families denied legal aid for benefits challenges—a move that the United Nations criticised—and 50,000 families denied housing legal aid, letting rogue landlords off the hook, as well as tens of thousands left facing the hostile environment without legal support. Labour has committed to restoring legal aid for all family law, for housing, for benefits appeals, for judicial review preparation, for inquests and for real action on immigration cases. Will the Minister mark the 70th anniversary of legal aid by committing to return any of those?

Paul Maynard Portrait Paul Maynard
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As we survey the decaying embers of a dying regime reaching its inevitable conclusion, it is good to see the shadow Secretary of State showing that he is waving and not drowning, as he desperately tries to draw attention to the fact he is full of vim and vigour. As he will know, we are currently reviewing legal aid thresholds and exceptional case funding. We are bringing special guardianship orders back within the scope of legal aid, and we are looking at legal support action plans.

I am unclear, the more I listen to Labour Front Benchers, about why they assume that the only way to provide legal support is to fund it through legal aid. We will shortly have a question on law centres and, for me, there have to be a number of ways to provide legal support. [Interruption.] “And for us,” I hear the hon. Gentleman say from a sedentary position, and I am pleased to hear that.

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David Gauke Portrait Mr Gauke
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First, I can confirm that I suspect we do read different newspapers, but I agree that the loss of access to various law enforcement tools would make it more difficult to protect the public. I am sure there are ways in which these issues can be addressed, but a much better way forward would be to leave the EU—this is where we disagree—with a deal.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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A no-deal Brexit poses a serious threat to our justice system; ending access to the European arrest warrant and criminal database would leave us all less safe. The Justice Secretary agrees about those no-deal dangers, but I also fear that no deal is a stepping stone to a free trade deal with the United States of America. Labour’s justice spokesperson in the Lords recently asked whether our prisons would be up for grabs for American corporations in any post-Brexit free trade deal with the US, and the Government’s vague answer alarmed me. So will the Justice Secretary clearly state today that our prisons should not be part of any post-Brexit free trade deal with the USA?

David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

First, I think I read different newspapers from the hon. Gentleman, although I do read the Morning Star when he has an article in it. [Interruption.] Which is not quite every day, although it sometimes feels like it. On trade deals with the US, it is the intention of this Government, and, I suspect, of the next Government, to enter into a trade deal with the US, but we would want to do so in a way that protects public services.

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Robert Buckland Portrait The Minister of State, Ministry of Justice (Robert Buckland)
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I thank my hon. Friend for raising that issue. I am grateful to the Petitions Committee and to all hon. and right hon. Members who took part in that important debate yesterday, and to the families of the victims of that dreadful crime. It is my wish, and the wish of the Government, to bring forward the necessary legislation to change the maximum sentence from 14 years to life imprisonment as soon as humanly possible.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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Last week I exposed the fact that the number of homeless women going to prison has almost doubled in the past four years. What is especially shocking is that almost half of all women now going to prison are homeless. This is an appalling indictment of our broken justice system. Prison is all too often the very worst place for people who desperately need help to tackle the underlying problems of homelessness, poverty, mental ill health and substance addiction that led to them being jailed in the first place. Is the Minister concerned that our prison system is targeting the poor, the marginalised and the vulnerable?

David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

The hon. Gentleman sets out many of the reasons why we brought in the female offender strategy last year. We are seeking to address the root causes of criminality, which are very often—even more so with women—to do with mental health issues, as well as the fact that a very large proportion of women offenders are victims of domestic abuse. It is right that we have a female offender strategy that focuses on non-custodial measures; part of that will be women’s residential centres.

Serco Justice System

Richard Burgon Excerpts
Thursday 4th July 2019

(4 years, 10 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the role of Serco in our justice system following the decision of the Serious Fraud Office.

Paul Maynard Portrait The Parliamentary Under-Secretary of State for Justice (Paul Maynard)
- Hansard - - - Excerpts

Thank you for granting this urgent question, Mr Speaker.

We very much welcome the fact that, subject to court approval today, the Serious Fraud Office has reached a conclusion in its investigations of Serco. These historical contracts ended in 2014 and were awarded as long ago as 2004. The agreement allows the parties to draw a line under the matter. Following the successful conclusion of this process, we see no reason why Serco should not continue to be a strategic supplier to Government and to compete for Government contracts.

We conducted an investigation of the matters raised in the agreement announced yesterday, and we are content that matters were resolved in 2013-14, when Serco reached a financial settlement of £68.5 million with the Ministry of Justice and undertook an extensive self-cleaning exercise.

Although we deplore the wrongdoing identified in the deferred prosecution agreement announced yesterday, we have confirmed that, since 2013, Serco has thoroughly overhauled its management, governance and culture and that these changes continue to be effective today. Serco is, and will continue to be, a strategic supplier to Her Majesty’s Government, working across the defence, justice, immigration, transport and health sectors.

Richard Burgon Portrait Richard Burgon
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Thank you, Mr Speaker, for granting this urgent question.

In 2013, evidence came to light suggesting that Serco may have been fraudulently charging the Government on its offender tagging contract, including for monitoring people who are dead. Serco had to pay back tens of millions of pounds to the Government and lost the tagging contract. A subsequent Serious Fraud Office investigation has seen Serco fined £19 million for fraud and false accounting linked to those prisoner tagging contracts. Does the Minister agree that this is just the latest scandal to hit our justice system involving the private sector in recent months? The private probation contracts were terminated early, HMP Birmingham private prison was returned to the public sector and new research shows disproportionate violence in private prisons. We have also seen the collapse of Carillion, meaning that prison maintenance works were brought back in house. Each time we are told it is an isolated case, so will the Minister finally admit that in reality it is a systemic failure?

Serco has £3.5 billion of current contracts with the Ministry of Justice. Given the findings of the Serious Fraud Office, will the Minister commit to a special audit of all existing Serco justice contracts? Those contracts include running prisons. The Government are currently receiving bids for a new generation of private prisons, so can the Minister assure me that Serco will not be allowed to run these new private prisons?

Finally, there is a current Justice Minister, not here today, who once worked for Serco as its chief spin doctor. Will this Minister guarantee that that Justice Minister has had no involvement in overseeing any current Serco contracts and will have no role in handing over any future lucrative contracts to his former employer?

Paul Maynard Portrait Paul Maynard
- Hansard - - - Excerpts

The hon. Gentleman behaves as though this is somehow a new piece of information that has come to light. In fact, this is a very old piece of news, dating back to 2013-14, that has a very long tail. The SFO has conducted a very complex investigation into the fraudulent aspects of this behaviour, but in 2013-14 there was a vigorous effort on the part of the Government to investigate what Serco was doing and how it was managing these contracts that led to significant cultural change.

I am afraid that all we have heard today is a predictable ideological tirade of hostility towards the role that the private sector plays within our justice system, and it simply does not stand up to scrutiny. The hon. Gentleman raises the spectre of Carillion once again. Carillion was a very different affair; it cannot be compared at all with what is going on with Serco.

The hon. Gentleman also makes a point about the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), who has no Serco contracts within his ministerial responsibility—that is a complete red herring. The Ministry has already begun an audit into the contract for prisoner escort and custody services that Serco currently holds. We took action back in 2013-14, and this has transformed not just how the Ministry of Justice conducts its private sector contracts, but Government as a whole. We are confident that the ongoing work will ensure that we continue to deliver high-quality services at the best value for the taxpayer.

Divorce, Dissolution and Separation Bill

Richard Burgon Excerpts
2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019

(4 years, 11 months ago)

Commons Chamber
Read Full debate Divorce, Dissolution and Separation Bill 2017-19 View all Divorce, Dissolution and Separation Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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I welcome the Bill. Labour supports the introduction of a no-fault divorce procedure, which we committed to in our 2017 general election manifesto, and we are pleased that the Government have acted, especially in the light of the troubling case of Owens v. Owens. We will therefore vote to support the Bill if a vote is called at this stage. We will use our time in Committee to amend the Bill, if need be, to ensure that it is the best law possible for those who are already going through a difficult time in their lives.

The existing procedure and law managing divorce and the dissolution of civil partnerships is not fit for purpose and is in clear need of updating. A fundamental problem with the existing law, which is set out for divorcing couples in the Matrimonial Causes Act 1973 and for the dissolution of civil partnerships in the Civil Partnership Act 2004, is that it requires people who seek a divorce to prove that the marriage has broken down, either by establishing fault on the part of one partner, or by showing that the couple have lived separate lives for a number of years. In reality, for those who cannot afford to live in two separate households for years in order to prove that their marriage has broken down, the only option currently available is to establish fault on the part of their partner. That is one way in which the current divorce law discriminates against women, particularly those on a low income, by reducing the options available to them to a fault-based divorce.

Establishing of one of the three faults—adultery, unreasonable behaviour or desertion—can be difficult, and often heightens tensions at an already stressful time. We know the hurt that such heightened tension can all too often cause. There are widespread concerns about the increased risk of domestic violence faced by women who go through this fractious process. Surveys of people who have gone through the divorce procedure show that in excess of one in four people who go through a divorce have cited a fault that is not in fact true, simply because it is their only way to secure a divorce. This is plainly an unacceptable state of affairs, and it is right that the Government are now acting to address it.

A conflictual process is deeply damaging to children’s life chances. Children will of course be better served by parents who co-operate, and if their parents have a constructive relationship. The law is a real barrier to that.

Ivan Lewis Portrait Mr Ivan Lewis
- Hansard - - - Excerpts

I reiterate the point I made earlier to the Secretary of State, who rightly talked about the impact on children of an acrimonious divorce. We need to protect children from the risk of abuse—everybody would accept that—but if a resident parent turns a child against a non-resident parent, that can cause massive long-term damage to that child. The current legal framework does nothing satisfactory to tackle that particular problem. Does the hon. Gentleman agree that now is the time to look again at what can be done differently in respect of the whole question of alienation and the impact on children?

Richard Burgon Portrait Richard Burgon
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My hon. Friend raises an important wider point. Further assistance and early intervention, which was mentioned by the Secretary of State, is required to protect all concerned.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
- Hansard - - - Excerpts

There are very often issues with how the family courts go about these custody matters. I get lots of cases like this, as I am sure my hon. Friend does. It is an area that needs to be looked at. Equally, some lawyers—not all—can exacerbate the situation in the way they handle the case. I get lots of complaints about family courts, particularly with regard to who is right and who is wrong, and there is a lot of antagonism. As my hon. Friend the Member for Bury South (Mr Lewis) said, this can be very damaging to children.

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Richard Burgon Portrait Richard Burgon
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That is why we are very supportive of mediation in family cases in general, and why we have made announcements in relation to legal aid and early family law advice. I hear my hon. Friend’s point about the role of solicitors not always being helpful, but there can also be problems when people end up being advocates for themselves.

The need to apportion blame and ratchet up the acrimony is one of the main reasons that so many of us want to see an end to this fault-based law—not least because of the impact on children. For example, the present divorce ground of unreasonable behaviour requires allegations that are hardly ever challenged and can sometimes be exaggerated by one spouse against the other, which can exacerbate tensions between them. It also makes it more difficult to agree arrangements for children. Indeed, one of the most urgent reasons for these reforms is to alleviate the harm caused to children, including to their mental health, by acrimonious separations. For a child of a divorcing couple, the divorce can be one of the most difficult times in their life. As the Secretary of State has indicated, the introduction of a no-fault procedure should mean that the whole process can be quicker and less stressful for them. At an emotionally traumatic time, such as a divorce or separation, parents want and need support in order to put the best interests of their children first.

This change to the law has public support and the support of family law experts. Margaret Heathcote— the chair of Resolution, which represents more than 6,000 family law practitioners and is a strong supporter of this change—said:

“Every day, our members are helping people through separation, taking a constructive, non-confrontational approach in line with our code of practice. However, because of our outdated divorce laws, they’ve been working with one arm tied behind their backs.”

In fact, the Secretary of State quoted her himself.

Professor Liz Trinder, who led the Nuffield Foundation’s 2017 research into divorce law, is also supportive of these reforms, saying that

“making people produce a ‘reason’ to obtain their divorce—as they are currently required to do—does not save marriages and instead just creates a meaningless charade that can create conflict, confusion and unfairness.”

And Christina Blacklaws, president of the Law Society, said:

“Making couples attribute fault…can escalate the differences between them in an already charged situation.”

The recent case of Owens v. Owens highlighted a particularly iniquitous aspect of our existing divorce laws: the possibility for one party to attempt to refuse a divorce by defending it.

Eddie Hughes Portrait Eddie Hughes
- Hansard - - - Excerpts

Does the hon. Gentleman think this change will in any way lessen the seriousness of the marriage contract? Will people entering into it feel that they can do so more lightly because, from a purely contractual point of view, escaping from it is made easier by this legislation?

Richard Burgon Portrait Richard Burgon
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I know that marriage is technically a contract, but it seems strange to think of it that way when it is such a personal and emotional thing. I do not believe that this change in the law, which is welcome, will lead to an overall increase in the number of divorces in the long run. However, I do think that it will reduce the unnecessary tension, conflict, distress and damage to children in those divorces, which would take place in any event.

In the case of Owens v. Owens, the family court judge refused to grant a divorce to Mrs Owens, who made the application for a divorce in 2015, despite finding that the marriage had in fact broken down. This was because she failed to prove, as required in the 1973 Act, that her husband’s behaviour was such that she could not reasonably be expected to live with him. Mrs Owens’s appeal was dismissed at both the Court of Appeal and the Supreme Court, leaving her unable to divorce her husband until 2020—a clearly unacceptable case. The judges who heard the case at both the Court of Appeal and the Supreme Court expressed their dissatisfaction with the existing law, with Sir James Munby, the then president of the family division, suggesting that divorce law was based on a “lack of intellectual honesty”, and Lady Hale concluding that it was for Parliament to make any changes to the law. It is therefore right that Parliament is now able to take up this issue and make the reforms necessary to ensure that no one has to go through what Mrs Owens experienced in this case.

The new divorce laws that we are considering today should aim to secure a number of desirable outcomes. They should ensure that people can separate as amicably as possible, keeping conflict to a minimum, so that the chances of reaching agreement are maximised and the risk of domestic abuse is as low as possible. Where there are children, their interests must be paramount, and a safe, secure and sustainable outcome for them should be promoted wherever possible. Unlike the existing system, these new divorce laws should not discriminate against women, especially those on low incomes. The new divorce and dissolution laws must also protect vulnerable and marginalised groups throughout the divorce process. In particular, they must not weaken the hard-won rights of LGBT people.

One issue that has been raised by charities working to support victims of domestic abuse is that the Bill as drafted does not remove the bar on petitioning for a divorce in the first year of a marriage. This can leave women who are suffering domestic abuse trapped in the abusive marriage during that year. Will the Secretary of State address that issue during the passage of the Bill, and will he tell us whether he has met Women’s Aid and other charities to discuss these concerns?

Since 2013, legal aid for divorce cases in England and Wales has been withdrawn by the Government—in most cases as part of a wider attack on access to justice that has had a very detrimental impact on family law cases. Groups including Citizens Advice have highlighted how legal aid cuts add to strain on divorcees, and more widely it is lower-income people and those with children who are more likely to be litigating in person than any other group. Resolution, which was mentioned earlier, has previously stated that providing legal aid for a single, initial meeting with a lawyer would provide separating couples with clear “signposts” about their legal options and encourage more people to use mediation as an alternative to courtroom confrontation.

Even with the welcome changes contained in the Bill, divorce will still be an often confusing legal process. There is a clear public interest in people being supported to achieve amicable resolutions to financial questions and arrangements for the care of children following a separation. Will the Government therefore commit to reintroducing legal aid for early legal advice for couples going through the divorce procedure?

In conclusion, bringing our divorce laws into the 21st century can form an essential part of the efforts to protect women from domestic abuse, limit the damaging impacts that fractious separations can have on children and encourage amicable separations wherever possible. For those reasons, I am pleased to support these overdue reforms.

Court Closures: Access to Justice

Richard Burgon Excerpts
Thursday 20th June 2019

(4 years, 11 months ago)

Commons Chamber
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Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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I thank my hon. Friends the Members for Enfield, Southgate (Bambos Charalambous) and for Lewisham West and Penge (Ellie Reeves) and the hon. Member for Bromley and Chislehurst (Robert Neill)—the Chair of the Justice Committee—for securing this debate. It is a pleasure to hear from so many members of the Justice Committee, as a former member myself.

This ought to be one of the many debates that we are having in this House about an unprecedented shift in how justice is delivered in this country. The scale of the change is enormous, with hundreds of courts closed and thousands of staff lost, millions fewer cases heard in the courts over the coming years, a £1 billion-plus reform programme and plans for annual savings of £200 million. That is a tremendous change.

Whether for good or for bad, it is undemocratic and deeply concerning that these changes are not properly debated in this Chamber in Government time before being implemented. However, in the spirit of cross-Bench co-operation that Backbench Business debates encourage, I want to acknowledge that the former Justice Secretary, the right hon. Member for South West Norfolk (Elizabeth Truss)—someone also from Leeds originally but with whom I have strong political disagreements, it will not surprise people to know—did present a prisons and courts Bill before the last general election, with proposals in black and white to be discussed and amended had it not fallen with that general election.

By contrast, another former Justice Secretary, now the Transport Secretary, rushed through a major justice shake-up in probation that was forced through ignoring the words of the experts, with vast cost to the public and to public safety. I warn the current Justice Secretary that emulating the Transport Secretary’s approach to major justice reforms will come back to haunt him. This risks being his own probation crisis.

Of course, no Labour Member is against technology. Undoubtedly, technology can, with genuine investment and backed by rigorous evidence, aid access to justice. Likewise, no one doubts that our courts need modernisation —that needs to happen—but Labour is concerned that the court closures are a smokescreen for austerity and will cause long-term damage to access to justice. The Public Accounts Committee says that

“the planned changes to the courts and tribunal system are on a scale never before attempted anywhere in the world.”

As one former judge recently asked, why have court buildings been sold before the changes that are part of the reform programme had been put in place, tested, evaluated and shown to work? Why is there not a substantial pilot? Why has sufficient research not been done into the impacts of digital courts? Why has there not been proper public or parliamentary scrutiny?

Labour is calling for a moratorium on further cuts and closures until these reforms can be subjected to full parliamentary and public scrutiny. It is a demand that we share with the Association of Her Majesty’s District Judges. While stating that it

“could not be more supportive of modernisation”,

the ADJ has called for

“a pause in the court closure programme until a proper stock take of the present position has been carried out”.

That seems eminently sensible.

We are looking at the impact on access to justice of court closures, but as many Members have said, courts cannot be seen in isolation, especially when the Ministry of Justice has faced the deepest cuts of any Department—cuts totalling 40%. Those cuts are driving a justice crisis. Cuts to police and Crown Prosecution Service budgets compound the problem, and with fewer people charged, fewer prosecutions and fewer people pursuing cases due to a lack of legal aid, justice is denied time and again. It is simply not credible to suggest that investment in technology is the answer to this crisis in access to justice.

Such austerity is the context in which half of all magistrates courts have been closed and a third of county courts have been shut. Selling off local courts piles yet more pressure on the remaining courts and risks hearings being further delayed and rescheduled. That can have a distressing impact on victims and witnesses and creates a justice system that is less accessible for local people, forcing them to travel vast distances, as we have heard today.

The Law Society notes how Her Majesty’s Courts and Tribunals Service’s definition of a day’s travel to court impacts on those with caring responsibilities, the elderly and disabled people. My hon. Friend the Member for High Peak (Ruth George) has told me about the devastating impact of the closure of Buxton court on her constituents facing eviction. Now facing a journey to Derby without any direct train, many of her constituents are simply unable to defend themselves. My hon. Friend the Member for Halifax (Holly Lynch) contacted me in advance of the debate to tell me how the closure of Halifax family court left victims of domestic violence facing a 12-month wait for their day in court.

The first commissioned academic study into the impact of the court closures, by the University of Suffolk, found that costs for some defendants, witnesses and advocates to attend magistrates court had doubled. New research by Dr Daniel Newman and Dr Roxanna Dehaghani found that the high cost of transport in Wales can be prohibitive. For those who think that that is far-fetched, here is an example from the Law Society: a young person in the Greater Manchester area would have to spend almost all their universal credit daily allowance of £8.30 on a £7 tram fare from Bury to central Manchester.

While the Government flog off the family silver by selling off our courts, they are also hollowing out the service, with deep cuts to staff since 2013. Thousands more staff are set to be cut from the Courts and Tribunals Service by 2023. The number of magistrates has fallen by a third since 2012, and the number of judges by almost a fifth. At the same time, the overall case load of HMCTS is not down, but up. It is worth highlighting that around two thirds of the savings so far have come from not replacing staff who have left. Who pays the price? Victims, witnesses and innocent defendants all face a much more difficult court experience.

As judges themselves warned, there has been a

“haemorrhaging of experienced staff, a serious decline in staff and judicial morale, delays in all aspects of process and court systems that are even more broken.”

HMCTS’s staff survey found that 81% of staff say that cuts are interfering with their ability to give legal advice and ensure a fair hearing. It is so symbolic of the ideological “cut first, plan later” approach of this Government that their own figures show an increase in reliance on agency staff in our courts. I recently exposed how tens of thousands of years of vital prison officer experience have been lost due to Government cuts, which has contributed to the epidemic of violence in our prisons. I fear that the court staff cuts will be a similar ticking time bomb.

We are now told that every penny is being redirected into courts reforms, but courts were initially closed as part of the Government’s austerity programme. Only the more recent court closures have been justified by investment in the courts reform programme, and most of those cannot be justified even on that basis. Labour’s analysis of the sale of 126 court premises in England and Wales between 2010 and 2018 showed that 80% went for little more than the average UK house price, with some disposed of for as little as £1. Of course, tens of millions of pounds is being given to consultants to carry out the courts reforms. PricewaterhouseCoopers has done especially well, according to the Government’s own figures, having received over £30 million of public money so far. Let us be clear: not every penny is being reinvested in our justice system.

To conclude, in its damning report on the courts reform programme last year, the Public Accounts Committee said:

“Government has cut corners in its rush to push through these reforms. The timetable was unrealistic, consultation has been inadequate and, even now, HMCTS has not clearly explained what the changes will mean in practice.”

I, Labour and so many others share those concerns. Our fear that this is being rushed through regardless of the consequences is a fear shared across the justice sector. It is not a concern with technology; it is a concern that technology is being used as a smokescreen for cuts—an attempt to disguise austerity. It is time for a moratorium on further closures and further cuts until the impact has been properly assessed. Surely, if the Minister is confident about these reforms, he has nothing whatsoever to fear from such scrutiny.

Oral Answers to Questions

Richard Burgon Excerpts
Tuesday 4th June 2019

(4 years, 11 months ago)

Commons Chamber
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David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

We believe in a balanced estate—the last prison built was HMP Berwyn, which is in the public sector—to maintain a mix of providers. We wanted to ensure that the next two were in the private sector.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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I would like to take this opportunity to congratulate the new Ministers on their appointment.

I am sure everyone across the House was deeply concerned by new research showing that, when comparing like with like, private male local prisons have 42% more assaults than their public equivalents. That is especially worrying given that the Government are planning to build a new generation of prisons run for profit. I am sure the Secretary of State would not wish to be deemed an ideologue who would back private prisons even if they were more dangerous. Before proceeding with those new private prisons, will he back an independent review of safety and overcrowding in private prisons to ensure that corners are not being cut to maximise profits?

David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

The reality is that there are many very successful private prisons where the level of violence is lower than average. Let me give the hon. Gentleman an example. HMP Altcourse in Liverpool has low levels of violence compared with a typical category B local prison, including the public sector category B local prison in the same city where we have faced significant difficulties with violence. It is hard to compare one set of prisons against another on a like-for-like basis. I do not accept the analysis the hon. Gentleman sets out, and I do believe we need to have a mixed sector.

--- Later in debate ---
Paul Maynard Portrait Paul Maynard
- Hansard - - - Excerpts

My hon. Friend alights on the pertinent point that not all legal support needs to come in the form of legal aid at the point at which a case reaches a court. Legal support can take many forms and shapes. Indeed, it might consist of a very early conversation to inform someone that their case has no merit and is best dealt with through mediation or some other means in the community.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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Two years ago, Taylor Alice Williams died while she was supposed to be under the care of the state in a secure children’s home. Her bereaved mother, who is unable to work due to a disability, was recently told she would have to contribute thousands of pounds for legal representation at the inquest into her daughter’s death. Families should not be forced to mount press campaigns to get the legal aid they deserve.

There are too many families in this desperate situation. The Government’s own review estimates that 500 families a year lose a loved one in custody or state detention, leading to an inquest. Does the Secretary of State regret his recent decision to refuse those families legal aid, and will he revise the decision?

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Paul Maynard Portrait The Parliamentary Under-Secretary of State for Justice (Paul Maynard)
- Hansard - - - Excerpts

I am grateful for that question, and I am genuinely sympathetic towards those in such situations. Family breakdown always takes a toll on those involved, whether parents or children, but the child’s welfare is paramount in court decisions about their upbringing. The law remains gender-neutral and presumes that a parent’s involvement in a child’s life is beneficial unless there is evidence to the contrary.

Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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I recently met Donna Mooney, the sister of Tommy Nicol, who sadly took his own life in prison while serving an imprisonment for public protection sentence. I am sure that the Secretary of State will also want to meet her soon. It is a cause of regret that IPPs were ever introduced; their Labour author now acknowledges that. They were not reserved for the most serious of offences, too often effectively becoming a life sentence for those who had committed minor crimes. Does the Secretary of State agree that much more needs to be done to provide opportunities for people who are now way over their short IPP tariffs to prove that they no longer pose a risk to the public?

David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

It was right that the coalition Government abolished IPPs, which were brought in by the previous Labour Government, and there is consensus that that was the right thing to do. The difficulty is that the Parole Board now assesses in each case whether someone with an IPP sentence would be a risk to society, and the board must obviously ensure that public protection is put first. It is also right that we seek to do everything we can to rehabilitate IPP prisoners so that they can be released into the community.

Probation Reform

Richard Burgon Excerpts
Thursday 16th May 2019

(5 years ago)

Commons Chamber
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Richard Burgon Portrait Richard Burgon (Leeds East) (Lab)
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I thank the Secretary of State for advance sight of his statement.

The Government have been forced to face reality and accept that their probation model is irredeemably broken; unfortunately, though, this U-turn comes only after they have put public safety at risk and squandered hundreds of millions of pounds trying to shore up failing private probation firms. The Opposition are clear that today’s announcement is a necessary first step in cleaning up the probation mess, but the question is whether it goes far enough.

Have the Conservatives really learned the lesson about the limitations of the role of the private sector in delivering probation? The Tories did not want to make this U-turn and had been trying desperately to re-tender private probation contracts; in fact, the House may remember that that was the Secretary of State’s big probation announcement last summer. Was it the flood of recent scathing reports from experts such as the chief inspector and the excellent work of the Public Accounts Committee and the Justice Committee that forced the Government’s hand? Or was it the collapse of Working Links, one of the largest private probation providers in the country, and the severe financial difficulties faced by another, Interserve? This is an important matter, because I am concerned that if lessons have not been learned, the changes announced today could be a smokescreen to give failing outsourcing giants—the likes of G4S and Sodexo—a route back into probation.

Labour is clear that there is an important role for the voluntary sector and small social enterprises in a future justice system. Voluntary sector organisations have held much of the justice system together in the face of Government cuts. We have heard promises before from the Secretary of State’s Government that the voluntary sector will play a major role, only for that to have been an excuse for big corporations to profit from probation, so what is the overall proportion of all probation budgets that the Secretary of State expects to be delivered by the private sector in future? A figure of £280 million has been suggested; what proportion of that will go to the voluntary sector? Each probation area will be allocated a private company or voluntary body; will private companies be able to act in more than one probation area—which would favour outsourcing giants—or will they be specific local social enterprises? Will any of the major companies that have failed in probation be able to access the contracts?

On oversight and accountability, does the Secretary of State have concerns that the 11 probation areas will remain too distant from local communities? How will they interact with local criminal justice boards and health and policing services?

Privatisation failed to reduce reoffending, with a 22% overall increase in the average number of offences per reoffender. Separate figures suggest that serious further offences such as murder and rape soared by 50%. What is the Secretary of State’s target for reducing reoffending under the new model?

Labour has long called for the Conservatives to drop their dangerous obsession with running probation for profit, but we have also been outlining the alternative, with the well-respected Lord Ramsbotham overseeing Labour’s review of what a publicly-owned probation service would look like under a Labour Government. Will the Secretary of State meet me to discuss the vision outlined in Lord Ramsbotham’s important report?

The new probation model will start from spring 2021. Given the likelihood of a change of Government before then, will the Secretary of State commit today to setting up a special committee to reach a broad consensus on probation reforms? That would rule out the need for a future Labour Government to make further changes.

As a result of chaotic privatisation, many experienced staff left. What action will the Secretary of State take to rehire experienced former probation staff?

In conclusion, the changes announced today should just be a start. The Government must demonstrate a commitment to the true function of probation, properly invest in it and ensure that it can once again be the award-winning public service that it was before the disastrous Conservative privatisation.

David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

To be fair, by the hon. Gentleman’s standards that was quite a warm welcome for this policy announcement. I thank him for that.

Let me pick up some of the points he made. He talked about the costs and about the squandering of vast sums of money; the House should be aware that we have spent considerably less with the community rehabilitation companies than was anticipated when the business plan for the transforming rehabilitation programme was put together. The issue is not the squandering of billions of pounds; it is about how we improve the service, and that is the intention behind my announcement.

On returning to the past, which was a sort of theme in the hon. Gentleman’s comments, we do not want to do that. I do not think that simply to return to the days of 35 probation trusts is the right course of action. There are things that we can learn from what was done well with them, as well as what was not done so well, just as we can learn from what has happened over the past four years or so, post the transforming rehabilitation programme.

On the £280 million and how it will be spent, as I said there will be regional directors for each of the 11 regions, and they will make decisions based on commercial considerations in terms of the nature of the bids. I am keen to do more to ensure that the voluntary sector can get in and play an important role.

I want to encourage work at a devolved level. For example, I want to do everything that we can to ensure that police and crime commissioners can play an active role.

We are already recruiting staff. Probation has an absolutely key role to play in how we tackle crime and reduce reoffending, and I want to make sure that it is properly resourced.

Finally, there was a lot of criticism about the role of the private sector in probation. The hon. Gentleman highlighted Lord Ramsbotham’s report, which was produced yesterday. I have looked at his report, and it says that when it comes to probation, the private sector has “a part to play”. I am not sure that I quite picked up that tone from the hon. Gentleman. I do not know whether he had not read that bit, or if he had, whether he had forgotten it—that is also perfectly possible—but the fact is that even his own party’s report recognises that the private sector has a part to play. I will of course happily meet the hon. Gentleman, and if he wants to bring along Lord Ramsbotham, that will make the occasion all the more convivial. I thank him for his comments.