Retained EU Law (Revocation and Reform) Bill

Debate between Robert Buckland and Jim Shannon

Consideration of Lords message
Monday 12th June 2023 Commons Chamber

[Sir Robert Buckland]

No, we are not going to do that today, but I will end on this basis: my hon. Friend knows I am right.

In my next breath, I want to violently agree with my hon. Friend about his work on the dashboard and the amendment that we now have to make a particular tweak to Lords amendment 16. I entirely support the new clause under Lords amendment 16. The dashboard has been a source of much concern in recent months, which was then reflected by the Secretary of State’s wise decision to change course. That dashboard has to be authoritative, so I am glad to see it in law, but it now needs to work. We need to make sure that it is populated, that the National Archives is very much part of it, that we are not given any more surprises and—my hon. and learned Friend the Minister will get this—that we do not end up with repeal by accident, which is bad for the rule of law, bad for certainty and bad for investment. We all agree on that.

To deal in short order with Lords amendment 15, with the best will in the world, on one level, it seems to be a sincere attempt to reflect the legitimate aspirations of the British people about food and environmental standards. Frankly, they are the aspirations of the British Government, too. It is not right to say that at any time, any Minister on the Treasury Bench under this Government has said that they want to use the Bill as an attempt to railroad the undermining of strict environmental protection and food standards. One therefore has to ask: what is the purpose of this particular amendment? Some of its purpose I am afraid is nakedly political. It seeks to make a political point that imputes to this Government a motive that they just do not have. In addition, it is beset by problems. The particular way in which it is structured, and the requirements for consultation in particular, seem to me to be a litigator’s paradise.

[Jim Shannon (Strangford) (DUP)]

On the point about the environment and how important it is, the right hon. and learned Gentleman will have got the same circular as the rest of us. It states:

“Many of the laws that could be weakened using the powers contained in the Bill as currently drafted are vital to nature’s recovery. They help improve the quality of our rivers and coasts, keep dangerous chemical use at bay, and protect some of our rarest and most important habitats and species.”

Does he believe that the Minister is going to deliver on that? I think he will, but does the right hon. and learned Gentleman think that as well?

[Sir Robert Buckland]

Well, answer that! I entirely agree with the hon. Member. There is no evidence at all that this Government seek to take a different course from their stated aim of protecting world-leading environmental protection and food standards. Therefore, we have to ask what the purpose of Lords amendment 15 is. It seems to me that many parts to the amendment would give rise to a significant amount of litigation. I do not think that is at all what the drafters of the amendment want, and it certainly does not help with regard to clarity of the law.

That brings me to new Lords amendment 16C, which, with absolute candour, seems to me to be a step back by their lordships from the previous iteration of that amendment. It is now narrowed down just to clause 15. I understand the concerns that the noble Lords have about the use of the power in clause 15 because it is, on the face of it, a dramatic power that the Government would have. On one level, the power of revocation seems to me to be welcome. I note within it particular caveats about the creation of new functions, particularly the creation of criminal offences. There has been a long-established convention about the use of such powers, and we all have a concern about the creation of criminal offences that are more serious than ones they seek to replace or, indeed, are serious new offences. I note the taxation and public authority restrictions as well, so a lot of the normal restrictions are built into the provision, which are welcome.

What the noble Lords are asking for is more reassurance about the process. I do not criticise them at all for that, because it does not seem unreasonable to me that there should be at least some process, particularly when new regulations are being created. I would gently press the Minister to consider that discrete point. It may well be, in response to anything that I or other hon. Members say, that he has an opportunity to enlarge on that. It does seem to me not unreasonable to ask for that further check and balance. I do not think it is the sort of unwelcome additional bureaucracy that perhaps he and others are concerned about. Fundamentally, we have a duty as parliamentarians to protect the role of this place in particular in the scrutiny of the passage of important new regulations, whatever form they may take.

If we take Brexit out of this and take the temperature right down, I do not think that is an unreasonable point at all. I do not accept the characterisation that a number of noble Lords are embarking upon some mission here to frustrate the approach that the Government are taking in the Bill. It is a Bill I have supported, and a Bill I have said is absolutely necessary as a special mechanism to deal with retained EU law. We all agreed that this was a particular area of law that needed to be held in suspense and then looked at carefully in its individual parts. Lords amendment 16C does seem to me to reflect that and respect that. The other two matters I have dealt with, and I am more than satisfied with the Minister’s response to that, but I do press him on that particular aspect and that particular amendment. I will not trouble the House any further.

Mental Health Act 1983: Detention of People with Autism and other Lifelong Conditions

Debate between Robert Buckland and Jim Shannon

Thursday 20th January 2022 Commons Chamber

[Sir Robert Buckland (South Swindon) (Con)]

It is a pleasure to address the House in a debate on an issue that has great resonance with and importance to many people and families across the country—the continued detention of autistic people and people with learning disabilities under the civil provisions of the Mental Health Act 1983. I am grateful to the National Autistic Society and Mencap for working with me in the run-up to the debate.

Remember, these are people who have committed no offence. They are not even alleged to have committed offences. They have been detained for what is still defined as a mental disorder. They have done nothing wrong. Here are some bald statistics relating to the use of powers under the 1983 Act. At the end of November 2021, there were 2,085 people with autism or a learning disability in in-patient units; 1,234 of them were autistic people, 200 of whom were under 18—they were children. The average length of detention is 5.4 years, some people having been detained for more than 20 years. In September 2021 there were 3,620 reported instances of restrictive interventions, and 595 of them involved children. Those interventions involved physical and, very often, chemical restraint. Those are not the complete figures, because there was data for only 31 out of 55 NHS providers and four of 16 private providers, so the real figure will be higher.

[Jim Shannon (Strangford) (DUP)]

I congratulate the right hon. and learned Gentleman on bringing forward this debate on an issue that is massive in his constituency and mine. The number of detentions under the 1983 Act seems to decline with age, but there seem to be significantly higher numbers of cases among children and young adults. Does he agree that there is a better chance of rehabilitation and wellness when mental health issues are dealt with properly from as young an age as possible than when there is long-term detention with no counselling or rehabilitation?

[Sir Robert Buckland]

I am grateful to the hon. Gentleman for his intervention. He has a long-standing interest in autism issues, in Northern Ireland in particular. He is right that if there is early intervention, more can be done to prevent a lifelong condition such as autism becoming a co-morbid mental health condition. I will explain that in a little while.

Behind the statistics are real-life stories of people whose lifelong conditions have led to the system, however well-intentioned it might be, ascribing a lower value to their quality of life. That implicit judgment, I believe, runs through everything from the continued lumping together of autism and learning disabilities with mental health conditions, which in many cases is wholly out of date and inappropriate, to the discriminatory and unjust application of “do not resuscitate” guidance to people with these conditions. Those are abuses in plain sight.

Furthermore, the profound sense that the system is, in effect, making assumptions about the life of people with learning disabilities in particular has been exacerbated by the use of DNRs during the covid pandemic. Not only do we need to stop new orders being issued inappropriately to people with learning difficulties, but existing inappropriate DNRs need to be retracted. I ask the Minister: when will the Government act on the Care Quality Commission review recommendations about better staff training and family involvement in decision making about care and treatment?

It is no longer good enough for people with learning disabilities to be discharged from hospital with a form in the bottom of their bag, effectively having signed away their rights about the end of their own life. That is what we are talking about; I cannot put it more bluntly than that.

Autism and Neurodiversity Research Funding

Debate between Robert Buckland and Jim Shannon

Tuesday 16th November 2021 Commons Chamber

[Robert Buckland (South Swindon) (Con)]

It is with great pleasure that I rise in my first end-of-day Adjournment debate in the better part of eight years, but it is a topic that I am very happy to return to from this position. It is one that I championed in Government and one that I worked very hard on when I was a Back Bencher prior to my ministerial office. I am hugely grateful to Mr Speaker for granting me today’s debate.

Many hon. and right hon. Members will know that this issue has been close to my heart for many years: autism and the range of brain conditions that can be summarised by the word neurodiversity. From my own direct family experiences, which I spoken about in this Chamber when we held the first Chamber debate on autism back in 2013, and from the plethora of constituency casework that I have worked on over the years helping families of children and young people with autism and associated conditions, I have developed a certain knowledge and experience of these issues. As a Minister and a Secretary of State, I was glad to be able to push the agenda even further.

One of the privileges of being a Back Bencher is that I can put on record my thanks to local organisations in my constituency which do so much to support and work with people with autism, whether it is officers of the local authorities, volunteers in local carers’ groups such as the Swindon Carers Centre, or organisations such as the Uplands Enterprise Trust, which is pioneering and developing more post-19 support for young people with autism and other disabilities in my area, working with the excellent special schools network and the Brunel multi-academy trust in Swindon. It is really innovative work.

My debate today is the beginning of a process that was made clear in my exchange of letters with my right hon. Friend the Prime Minister on my departure from Cabinet two months ago: to bring about a sea change in how autism and other brain conditions are not only diagnosed, but supported and treated throughout the lives of those people. Our country is one of the most advanced in the world when it comes to these issues, but there is still a huge amount to do.

My successor as chair of the all-party parliamentary group on autism, the late, great Dame Cheryl Gillan, will always be remembered as the author of the groundbreaking Autism Act 2009, which was a new departure for health, in that a specific condition was delineated in legislation, much against the initial resistance of the then Government, but the strength of feeling in this place and outside was such that Dame Cheryl thankfully got her way. The autism strategy, which was revised in its latest iteration only in July this year, is the direct result of that important legislation. Twelve years on, I think we can safely say that awareness and diagnosis levels have risen dramatically, but the situation remains stark.

About 1 million people in the United Kingdom are autistic, but they still have some of the worst outcomes in our society. First, the death rates mean that they die on average decades before the rest of us. Secondly, with two in 10 in employment, they have the lowest employment rates of all disability groups. Importantly, and deeply worryingly, disproportionate numbers of autistic people and people with brain conditions end up in mental health detention or, even worse, in our criminal and youth justice systems. They are being locked up by a system that represents barbaric practices from a generation ago. I have certainly found, from my professional and ministerial experience, far too many in our prison system, our young offenders’ institutions and our criminal justice system generally with those conditions.

[Jim Shannon (Strangford) (DUP)]

I know the right hon. and learned Gentleman has had a particular interest in the issue for a number of years, for both personal and other reasons, so I congratulate him on securing this debate. I give an example from Northern Ireland, which to be fair is not the Minister’s responsibility, but shows what is happening: an increase of 148% in the number of children waiting for an assessment for autism and a 687% increase in the number waiting more than a year for an assessment. This is a system where the capacity is nowhere near meeting demand, as I think the right hon. and learned Gentleman has also said. Does he agree that a corresponding increase in funding to get to the root of autism and how best to treat and live with it must be a priority for the Government?

[Robert Buckland]

I am grateful to the hon. Gentleman, who rightly outlines some of the pressures on the system—the increase in diagnosis, which in many ways is a good thing, and the personnel and capacity issues that cause many of the delays in diagnosis, which are all too familiar a pattern for many families, including those in England, Wales and Scotland.

It is interesting to note that research by, I think, the Northern Ireland Assembly calculated the estimated cost to the country of the failure to deal with autism at a staggering £32 billion. Let us just think about that. What a cost to our country: resources wasted, lives wasted and lives lost as a result of these omissions. It does not have to be like this.

End-to-end Rape Review

Debate between Robert Buckland and Jim Shannon

Monday 21st June 2021 Commons Chamber

[Robert Buckland]

I pay tribute to my right hon. and learned Friend, who as Attorney General worked very hard with me on the issue of disclosure and started the process that resulted in the revised Attorney General’s guidelines issued last year. He and I both know from our professional experience that a badly prepared and badly run case, in terms of disclosure, can be extremely destructive and frankly a miserable experience for those involved. He will be glad to know that we are not only pledging to ensure that victims’ phones are returned after no more than 24 hours, but working on new technology to ensure that analysis of data can happen that much more quickly. We want to ensure that 10,000 devices are examined through the year, rather than being left for months and months before the investigation can be taken further. On the court process, he will be glad to know of my decision to ask the Law Commission to look at some of the enduring issues surrounding the trial process, which I think will address many of his observations.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for his statement. I was disheartened to hear that there are an estimated 128,000 victims of rape a year and that the reason that the figure is estimated is that less than 20% of victims of rape report to the police. Will the Secretary of State outline whether funding will be available to provide greater training for the first port of call in finding justice—the first police officer called to the scene—to help them to have a greater understanding of the needs of a rape victim in the first instance? Does he intend to provide additional funding for police forces throughout the UK to ensure that there are highly trained support-giving officers on every shift in every police district in every part of the United Kingdom?

[Robert Buckland]

I thank the hon. Gentleman for his question. I rightly have to speak about England and Wales as a jurisdiction, but I know these issues cover all three jurisdictions. There are plenty of examples of good practice where suitably trained police officers do that sort of work. We want to ensure greater consistency, and over and above the combined CPS-police working, I want more external scrutiny, in particular examining and looking at cases to ensure that all necessary evidence has been gathered, rather than the case being dropped. That aspect of challenging and testing the evidence will be an important plank of what I hope will be an increased number of cases. This is about confidence, and all Members of the House want to give those who have suffered at the hands of perpetrators the confidence they need to come forward. I accept that confidence has taken a huge hit in the last few years, and I hope that through my acknowledgement of that, and my willingness to take action—something I know is supported by Members across the House—we can start to grow confidence and improve that vital trust.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Tuesday 22nd September 2020 Commons Chamber

[Robert Buckland]

I would like to thank all our staff in Her Majesty’s Courts and Tribunals Service who have carried on working throughout the pandemic. Currently, over 70% of staff work from a court or tribunal building, and the rest are working at home via the cloud video platform. We are investing £142 million in our court system to speed up the technological and modernisation improvements, and we are investing an additional £80 million to support the recovery of our criminal courts, including the recruitment of 1,600 members of staff and further adaptations to our courtrooms to allow more and more of them to be used.

[Jim Shannon (Strangford) (DUP)]

  Could the Secretary of State outline the legislation or case rulings that preclude Northern Ireland Bar-registered barristers located in mainland GB, such as silk Hugh Mercer of Essex Court Chambers in London, from claiming expenses for travel and hotel accommodation for Northern Ireland court cases? Does the Secretary of State believe that constitutional integrity should allow any silk to practise and be reimbursed?

[Robert Buckland]

I must declare an interest, because I am a member of the Northern Ireland Bar. The particular issue that the hon. Gentleman raises seems to be a matter for the Northern Ireland Justice authorities. However, I will discuss the matter with him further so that we can obtain maximum clarity.

Sentencing White Paper

Debate between Robert Buckland and Jim Shannon

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

My hon. Friend is right to echo the comments I made about burglary being a crime against the person. She will have heard my observations about strengthening the safeguards of the “three strikes and you’re out” burglary minimum term of three years, which will mean that a greater proportion of that type of offender will now serve longer in custody. We are also doing two strikes for knife possession because we want to send a clear message that this type of criminality will not be tolerated.

[Jim Shannon (Strangford) (DUP)]

I thank the Lord Chancellor for his diligence and wisdom in this statement. I welcome the news that child killers are to be held longer and that the automatic release of violent and dangerous criminals is to end, but will he further confirm that intervention measures will be in place for young men who are drawn into drug deliveries and so on and who need to be kept away from hardened criminals in prison, as a method of giving them space, a fresh start and a true rehabilitation purpose?

[Robert Buckland]

I welcome the hon. Gentleman’s comments, and I am grateful to him. He makes a very interesting point about young offenders. I am keen to make sure that people who are sucked in—they might be quite young and themselves victims—do not end up becoming criminals themselves. That is why reforms to the remand system for young offenders and alternatives to immediate prosecution, in particular for victims of modern day slavery or abuse, are so important. We are seeing with the county lines operations some really good work by the police in making that distinction between the child as abused victim and the child as criminal. We will keep drawing that distinction in a sensible and sensitive way.

Counter-Terrorism and Sentencing Bill

Debate between Robert Buckland and Jim Shannon

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Robert Buckland]

Will the hon. Gentleman give way?

[Jim Shannon]

indicated assent.

[Robert Buckland]

I think it would be the right thing to do to allow our hon. Friend to compose himself for a moment as he remembers and shares with the House the horror of the effects of terrorism. We remain indebted to him and are always grateful to him for sharing his observations and we entirely understand how he must feel when he is reliving those moments.

[Jim Shannon]

I thank the Secretary of State very much for intervening. I do recall John Birch, Steven Smart, Michael Adams and Lance Corporal Bradley. I often think of the families of those who suffer from post-traumatic stress disorder and of those who were injured. We owe so much to those families. Every MP in this House has a responsibility to keep their constituents safe, as others have said, which we all adhere to and I thank them for that. Today, our Minister, the hon. Member for Croydon South (Chris Philp), who, I have to say, I am very impressed by—I mean that honestly—and also the Secretary of State have come in here and ensured that the protection of all the people of the United Kingdom of Great Britain and Northern Ireland has been cemented in legislation, and I thank them for that. We welcome the Government’s commitment and we thank all in the Committee for their work and the Clerks for their administration to deliver the Bill. Madam Deputy Speaker, thank you.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Counter-Terrorism and Sentencing Bill

Debate between Robert Buckland and Jim Shannon

2nd reading & 2nd reading: House of Commons
Tuesday 9th June 2020 Commons Chamber

[Robert Buckland]

The hon. Gentleman knows that the function of proscription is for the Home Secretary. From my knowledge of it, which is not as close as that of my colleague, proscription is a device that should be applied equally, without discrimination. He is absolutely right to talk about the rise of far-right extremism. At this Dispatch Box and elsewhere, I have readily acknowledged the fact that out in our community, sadly, and in our prison system, we have a proportion of far-right wing terrorists who have been convicted and brought to justice. What I would say about those individual examples is that wherever there is evidence of activities that amounts to grounds for proscription, I know that this Home Secretary—indeed, like her predecessors—will act with alacrity. Of course, her predecessor did in the instances that the hon. Gentleman mentioned, so I assure him that the Government will work within the law and apply it equally to all groups and organisations that pose a direct threat to our way of life. That is what we are talking about here.

I was dealing with the measures that we announced in the aftermath of the atrocity at Fishmongers’ Hall. In the current financial year, 2020-21, we have increased funding for counter-terrorism policing by £90 million. We announced a review for the support for victims of terrorism, with a further £500,000 being provided to the Victims of Terrorism Unit. We then announced our plans to double the number of counter-terrorism specialist probation staff. We are also working to increase the places that are available in probation hostels, so that authorities can keep closer tabs on terrorists in the weeks after their release from prison. Of course there is also the independent review—led by the independent reviewer of terrorism legislation, Jonathan Hall, QC—of the way in which different agencies investigate, monitor and manage terrorist offenders. This was just the first stage of our response, because these attacks clearly demonstrated the need for terrorist offenders to spend longer in prison and to be subject to more stringent monitoring in the community.

[Jim Shannon (Strangford) (DUP)]

I am very conscious that although we are looking at the recent period, at those who were involved in ISIS and Daesh attacks in London and elsewhere, IRA terrorism is clearly a strong issue, as was illustrated last week when there was a bomb and arms find in Londonderry. When it comes to sentencing, I ask that those who are involved in IRA terrorism, who are convicted in this jurisdiction—on the mainland—will not receive any reduction in the sentences that they receive if they are transferred back to Northern Ireland, for instance. I seek that assurance from the Secretary of State—that IRA terrorists will get the full brunt of the law and not get away with a reduced sentence if they are sent back home.

[Robert Buckland]

The hon. Gentleman can be reassured that the whole purpose of this UK-wide legislation is not to discriminate between different types of terrorists. It would be wholly wrong for this legislation, for example, to focus on so-called Islamic terrorism, as opposed to far-right terrorism, the Provisional IRA and irregular republican, or indeed, irregular terrorism of a general nature within Northern Ireland or any other part of the United Kingdom. This is not discriminatory legislation. It is designed to deal with terrorism in all its forms, and I believe that this legislation is also agile when it comes to dealing with and anticipating the enduring challenge of how to manage terrorists in whatever form they might come. As we know, terrorism is evolving and taking different forms all the time.

[Robert Buckland]

I am very grateful to my right hon. Friend, who speaks with experience of these matters. He helps me to outline the point I was about to make about the complex and evolving nature of the threat. He is right to talk about different types of threat: superficial compliance, which we saw, sadly, with regard to Fishmongers’ Hall; and known threat, but with an inability of the authorities, due to the current regime, to manage that within custodial settings, and the paraphernalia, cost and sheer planning that has then to be undertaken to try to deal with and manage the threat in the community.

I must pay tribute to the teams who worked so hard at Streatham to minimise what could have been an even more horrific incident on that Sunday afternoon on Streatham High Road. I well remember looking at the detail of what the teams did that day and being lost in sheer admiration for their bravery and professionalism in dealing with a terrible incident that could have involved very serious loss of life. The work of looking at the detailed facts will go on by way of an independent inquest. We will, of course, look precisely at the outcome of that, and at the serious further offence reviews, which are ongoing but will conclude very shortly. They will help to supplement the excellent work done by Jonathan Hall in his review of MAPPA—multi-agency public protection arrangements.

I was explaining that the announcements we made some months ago were but the first stage of our response. The step-up response to counter-terrorism is very much at the heart of what I and the Government are about. The legislation we are now introducing will ensure that the process for how we at each stage deal with both convicted terrorist offenders and those who pose a concern of becoming terrorist offenders will be strengthened. We are determined to ensure that those who commit serious acts of terror and put members of the public at risk serve sentences that properly reflect the harm they cause.

The Bill will reform the sentences which can be handed down to terror offenders by introducing a new category of sentence. The serious terrorism sentence, for the most serious and dangerous terrorist offenders, will carry a minimum period of 14 years of custody, with an extended licence period of up to 25 years. That sentence will apply to only the most serious and dangerous terrorist offenders who would otherwise receive a life sentence: those who have been found guilty of an offence where there was a high likelihood of causing multiple deaths.

The Bill also introduces further provisions for terrorist offenders who have been assessed to be dangerous, and who have committed a sufficiently serious offence, to spend the entirety of their sentence in custody without the prospect of early release. In addition to spending that full term in prison, the courts will be able to apply longer extended licence periods of up to 10 years for those offenders, so we can continue to supervise them once they are allowed back into the community. Any breach would put them straight back into prison.

In February, I announced that the Government would review sentencing for terrorist offenders, including whether current maximum penalties for terrorist offences were sufficient. Following that review, the Bill proposes to increase the maximum penalty for three specific terrorism offences: first, membership of a proscribed organisation; secondly, supporting a proscribed organisation; and thirdly, attending a place used for terrorist training. The maximum term is currently 10 years, but will be increased to 14, which sends a clear message about how serious the Government consider that type of offending and is consistent with existing penalties for similarly serious terrorist offences.

Another outcome of the review included in the Bill is an amendment to the Counter-Terrorism Act 2008, which will enable the courts to find any offence with a maximum penalty of more than two years to have a terrorist connection. The Independent Reviewer of Terrorism Legislation noted that that would be a useful change. It will give the courts more flexibility to reflect the facts of each case fully in the sentence that they may wish to pass.

[Jim Shannon]

Minister, those who are involved in terrorism may have—

[Jim Shannon]

Madam Deputy Speaker, I endeavour to follow your instructions and I will do my best.

I seek assurance that those who are involved in terrorist activity, be it providing safe houses, physical assistance, cars or weapons, and who play a smaller role will also feel the brunt of the sentencing for their minor role in a bigger terrorist atrocity.

[Robert Buckland]

I can reassure the hon. Gentleman. As he knows, there have been developments in terrorism law since the Prevention of Terrorism (Temporary Provisions) Act 1974, which he will remember, then the Terrorism Act 2000 and the Acts that followed the atrocity of 9/11, which saw a development and evolution in the law that allowed a wider penumbra of people who supported, encouraged or facilitated that type of serious offending to be brought before the courts.

I was explaining that the particular measure to which I was drawing the House’s attention allows the courts to find a terrorist connection in offences that are not specifically terrorism or terrorism-related; they might be offences under a different type of Act, such as an offence of violence or an acquisitive crime. If there is enough evidence to satisfy the criminal standard of proof that there is a terrorism connection, the court can use that as an aggravating factor in increasing the level of sentence given to that particular offender.

That will result in more offenders being managed through the registered terrorist offender notification requirements and will ensure that operational partners can effectively manage that risk on release so that no terrorism-connected offender should fall through the cracks. Taken together, the sentencing provisions will reduce the threat posed to the public by incapacitating dangerous terrorists and will maximise the time that the authorities have to work with offenders, giving offenders more time in which to disengage from their dangerous and deeply entrenched ideologies.

The recent terror attacks demonstrated the importance of improving and maximising our capability to monitor offenders in the community. The Bill introduces a range of measures to allow the Government to intervene more effectively where required. Time spent on licence is crucial in monitoring and managing offenders in the community, and also in giving them the opportunity and support to change their behaviour to desist and disengage from terrorism.

Right hon. and hon. Members were rightly concerned during the passage of the Terrorist Offenders (Restriction of Early Release) Act 2020 that terrorist offenders released at the end of their sentence would not be subject to licence supervision when released. This legislation takes vital steps to extend the scope of the special sentence for offenders of particular concern to cover all terrorist offences with a maximum penalty of more than two years. That will mean that any terrorist offenders convicted of an offence covered by the Terrorist Offenders (Restriction of Early Release) Act will no longer be able to receive a standard determinate sentence, but will instead face a minimum period of supervision on licence of 12 months, even if they are released at the end of their custodial term.

The Bill will also strengthen the licence conditions to which terrorist offenders are subject by making available polygraph testing as a condition of their licence. We believe that that will help probation staff to monitor compliance with the other licence conditions—such as contact with named individuals, entering exclusion zones or accessing material that promotes or relates to acts of terrorism—imposed on offenders. Research has shown that mandatory polygraph testing for adult sexual offenders can be an effective risk-management tool; extending that to certain terrorist offenders will therefore enhance our ability to monitor them in the community.

In addition, the measures in the Bill will maximise the effectiveness of the existing disruptions and risk-management toolkit available to counter-terrorism policing and our security services. That toolkit can be used alongside licence conditions for those serving a licence period after sentence, or with individuals of terrorism concern who have not otherwise been convicted.

Prosecution and conviction are always our preference for dealing with terrorists, but in the limited instances in which we cannot prosecute, deport or otherwise manage an individual of terrorism concern, terrorism prevention and investigation measures—known as TPIMs—are a crucial tool for protecting the public. The Bill makes a number of changes to TPIMs to increase their value as a risk-management tool and support their use by operational partners in cases when it is considered necessary. The changes include lowering the standard of proof for imposing a TPIM notice, specifying new measures that can be applied to TPIM subjects, and removing the current two-year limit from which a TPIM notice can last, to ensure that we are better equipped to manage individuals of significant concern who pose a continued threat.

Divorce, Dissolution and Separation Bill [Lords]

Debate between Robert Buckland and Jim Shannon

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Monday 8th June 2020 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I beg to move, That the Bill be now read a Second time.

Marriage will always be one of the most vital institutions in our society, but we also have to face the sad reality that marriages sometimes breakdown. No one sets out thinking that their marriage is going to end. No one wants their marriage to break down. None of us is therefore indifferent when a couple’s lifelong commitment has sadly deteriorated. It is a very sad circumstance, but I believe that the law should reduce conflict when it arises. Where divorce is inevitable, this Bill seeks to make the legal process less painful, less traumatic. It does not, and cannot, seek to make the decision to divorce any easier. The evidence is clear that the decision to divorce is not taken lightly or impetuously. Indeed, it is typically a protracted decision based on months, if not years, of painful and difficult experience and consideration. The sad reality is that it is often too late to save a marriage, once the legal process of divorce has started. Once that decision has been reached, the parties need to move forward constructively. The Bill focuses on that very legal process.

[Jim Shannon (Strangford) (DUP)]

My wife and I have been married for 33 years and my mum and dad and were married for almost 61 years. The sanctity of marriage is very important. Does the Minister not agree that more funding must be allocated to counselling services to provide trained help for those in marriage difficulties and to prioritise saving a marriage where there is still the will to do so but perhaps not the means to do so? The waiting list for free counselling with Relate stands at seven weeks in some areas of the country, and families cannot afford to pay for private counselling. Relate and counselling are so important in trying to save a marriage.

[Robert Buckland]

I am grateful to the hon. Gentleman. He cuts to one of the most important issues in the debate about divorce, and I absolutely agree with him on the merit of organisations such as Relate and the work that they do to support marriages that have run into difficulties. However, it is the sad experience that, by the time a decision to issue a divorce petition has been made, matters have gone beyond that, to a great extent—not in every case, but in my view, in the vast majority of cases.

The Government are working hard to support initiatives such as the troubled families programme and, in the last Budget, to invest more money into proper research into effective family hubs where work can be done to support families in conflict who are struggling and having difficulty keeping together. The work of the Department for Work and Pensions in the £39 million reducing parental conflict programme, even at this time of covid, is an example of the Government’s strong commitment to supporting families. We believe that the family is a vital component of what it takes to be a civilised society. It is the source of stability, safety, love and all those things that we should be cherishing as a society.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Tuesday 25th February 2020 Commons Chamber

[Robert Buckland]

I am grateful to my right hon. Friend for raising an issue of deep concern to us all. He will be reassured to know that a range of options is available now to the courts, including restriction orders, serious crime prevention orders and other types of court order, that can prevent the perpetrator from contact or association with his or her victim. I would be happy to discuss the matter further with him. I do not want to add unnecessarily to the statute book, but he will be encouraged, I think, by the provisions in the domestic abuse Bill that will help to knit together the approach we want to take to protect victims of domestic abuse more effectively.

[Jim Shannon (Strangford) (DUP)]

A significant number of prisoners are ex-service personnel, many of them suffering from PTSD. To make sure they do not reoffend, what is being done to help them in prison with their PTSD?

[Robert Buckland]

The hon. Gentleman is right to raise the issue of veterans. It is important to remember that many of our veterans serve in our Prison Service as prison officers, probation officers and other dedicated public servants, and the learning they bring is often the best possible support that can be given to veterans who end up in the criminal justice system. I assure him that a lot of work goes into that issue, but yes more can be done—the identification of veterans is very important, although not the easiest thing to solve—and I take on board his comments and welcome his commitment.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Tuesday 4th June 2019 Commons Chamber

[Robert Buckland]

My hon. Friend, as a former prisons Minister, knows this issue very well, and I pay tribute to him for his continued commitment to it. Yes, the question of housing is a difficult one. I am glad to say that recruitment rates in London have proved extremely successful. The extra increments that are paid to certain prison officers to recognise the particular pressures that they are under is a welcome part of the system. However, I will be happy to speak further to him about the issue.

[Jim Shannon (Strangford) (DUP)]

The Minister will know that in Northern Ireland prison officers have been subjected to mental and physical pressures above and beyond—post-traumatic stress disorder and other mental health issues. The Northern Ireland Assembly and Justice Department have been very active in offering support. Has he had the opportunity to speak to those in the Northern Ireland Assembly and the Department to find out what is being done for prison officers in Northern Ireland?

[Robert Buckland]

I am grateful to the hon. Gentleman. I am always willing to speak to and learn from experiences in other parts of our United Kingdom, most particularly Northern Ireland. Various therapies, such as cognitive behavioural therapy, are available to prison officers should they wish to seek them. There is also a fast-track referral system, which is particularly encouraged where staff have experienced trauma.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 7th March 2019 Commons Chamber

[The Solicitor General]

I assure the hon. Lady that it is not a question of choice when it comes to the prosecution of offences. I am happy to say that in the last year, more than 27,500 cases involving possession of a knife or bladed article were commenced in our courts. That is an important testimony to the seriousness with which the prosecuting authorities take the possession and use of knives and offensive weapons.

[Jim Shannon (Strangford) (DUP)]

Can the Solicitor General outline how long it takes for proceeds of serious crime to be administered to communities through the safer communities fund and other grants?

[The Solicitor General]

I am grateful to the hon. Gentleman for that question. I do not have the detail of that administration, but I know that in the last seven years, £1.5 billion has been collected in proceeds of crime. That is shared out between the police and other enforcement authorities, and I can write to him with more information about how it is then administered.

Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and Jim Shannon

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

My hon. Friend, who is a former Government lawyer, will recall that the circumstances of the publication of the Iraq advice were dramatically different from the current circumstances. In brief, extracts from the then Attorney General’s advice were leaked to the press during the 2005 election campaign, and in those exceptional circumstances, the then Labour Government took a collective decision that the Attorney General should publish the full text. That is the only time it has happened. It was an exceptional case that I do not think sets a precedent here.

[Jim Shannon (Strangford) (DUP)]

Can the Solicitor General outline the legal implications of Northern Ireland entering into a customs union—including, to all intents and purposes, a united Ireland—with no voice or vote for an indefinite period and without the mechanism of a border poll, as called for in the Belfast agreement?

[The Solicitor General]

I am happy to inform the hon. Gentleman that he can put that precise question to my right hon. and learned Friend on the next sitting day. If he does, I am sure he will get a full answer.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 6th September 2018 Commons Chamber

[The Solicitor General]

We are giving urgent consideration to extending the scope of the scheme, and I have said on record that I strongly advocate the scheme’s extension to that type of offence. Online abuse of children is as insidious as abuse offline, and it can be achieved in a much quicker timeframe than has been the case. I want to make sure that the public have full confidence in the system, and that is why I strongly support the extension of the scheme in that respect.

[Jim Shannon (Strangford) (DUP)]

I thank the Solicitor General for his response. Will he carry out a review of sentencing on the basis of the successful applications to the unduly lenient sentence scheme? I think that it is important to have a review.

[The Solicitor General]

I reassure the hon. Gentleman that, happily, we are dealing with a small number of the about 80,000 cases prosecuted in the Crown court in England and Wales. Day in and day out, our judges are complying with the guidelines, where appropriate, and getting it right. This scheme is an important safety valve to ensure that we get maximum consistency and confidence, as well as guidance from the Court of Appeal on sentences for new offences.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 21st June 2018 Commons Chamber

[The Solicitor General]

The hon. Lady is right to acknowledge that among the complexities and the questions of confidence is the exploitation of a vulnerability or a particular disability, and that is very much part of the process that I outlined in my answer to my hon. Friend the Member for Taunton Deane (Rebecca Pow). However, the intervention of the hon. Member for Stretford and Urmston (Kate Green) is helpful, and I will ensure that that focus is re-emphasised by the CPS.

[Jim Shannon (Strangford) (DUP)]

Will the Attorney General outline what support is given to the victims of attempted forced marriage to provide them with a new life and a fresh start? Is the CPS equipped to signpost victims to such funding, rather than just moving on after the prosecution?

[The Solicitor General]

The hon. Gentleman is right to talk about the aftermath of a prosecution, and work is ongoing between the CPS and the police not just to signpost, but to provide active support for victims after their horrific experiences.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 10th May 2018 Commons Chamber

[The Solicitor General]

My hon. Friend speaks with bitter and sad experience, given the appalling case in his constituency, and I send my condolences to everybody concerned. It is clear that we are seeing a rise in the use of knives in some of our towns and cities. Some of that information is a result of better police work and increased reporting, but there is no doubt that we have a challenge to face, particularly with our young people. I am glad that the strategy we have set out deals not only with prosecution, but with the root causes of knife crime. We must teach young people about the dangers of knife crime at appropriate times, including both after and before such offences are committed.

[Jim Shannon (Strangford) (DUP)]

The 42.2% rise in knife crime in schools on the mainland is in stark contrast to the one conviction per year in Northern Ireland’s schools. What discussions has the Solicitor General had with his devolved counterparts about the approach to juvenile convictions in Northern Ireland?

[The Solicitor General]

I am interested in the work being done not only in Northern Ireland, but in Scotland, and I am a member of the inter-ministerial group that deals with these issues. We are working with, and obtaining as much information and learning as possible from, the devolved parts of the United Kingdom so that we can improve our approach. This is not just a question of crime; it is a question of health education, and if we deal with it in that way, we might start to crack the problem.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 8th December 2016 Commons Chamber

[The Solicitor General]

I am following the position very carefully in all parts of England and Wales. The hon. Gentleman is right that there are some areas, such as his, where there has not been the rise in prosecutions that we have seen in others. We have to further encourage consistency. The training that has been rolled out in recent months to all the CPS areas needs to bed in. With that approach, I think we will see a rise across the board not just in the prosecution of these offences, but in the confidence of victims to come forward.

[Jim Shannon (Strangford) (DUP)]

Does the Solicitor General agree that prosecution of hate crimes is helped when the victim is supported enough to give evidence, and that more training must be provided by the teams that deal with hate crime UK-wide to ensure that all possible support is afforded to victims and their families?

[The Solicitor General]

The hon. Gentleman knows from his experience in Northern Ireland that the Leonard Cheshire Disability organisation has an excellent scheme in place to support victims. This echoes the point that I made earlier about the need for such best practice to be spread to give better support.

CPS and Disability Hate Crime

Debate between Robert Buckland and Jim Shannon

Tuesday 8th November 2016 Westminster Hall

[The Solicitor General]

I am extremely grateful to the hon. Gentleman for that point. I welcome him warmly to his position and congratulate him on attaining it. It is a pleasure to work with him. He is quite right to talk about “mate crime”. Perhaps such examples highlight one of the deficiencies and inadequacies of using a phrase such as “hate crime” to describe the full panoply of crimes committed against people with disabilities. Mate crime is an insidious way in which perpetrators gain the confidence of often isolated and sometimes rather lonely people, perhaps with a learning disability such as autism, or another disability, and, using the trust they have built up, proceed to abuse it, very often in the form of financial crime, such as fraud, or worse—violence and sexual crime are also covered by the definition of mate crime. That is worse than confidence tricksters; it is an abuse of trust. In my mind, that makes the crime even more serious.

I am grateful to my right hon. and hon. Friends and Opposition Members for having raised some of the important figures and statistics relating to the increase in the number of reported disability hate crimes and, indeed, prosecutions for those offences. There has also been an increase in the use of the sentence uplifts that are available to judges under section 146 of the Criminal Justice Act 2003, from just over 5% of cases in 2014-15 to 11% of cases in 2015-16. We are coming from a low base, but that is going in the right direction.

The hon. Member for Torfaen (Nick Thomas-Symonds) asked about the recording of applications in which there has not been an uplift. I hear what he says, but the difficulty is that the Crown Prosecution Service is currently recording a vast number of indices through the flagging system, and it is difficult for every area of the CPS to record information with precision and then translate it in a way that makes it readily available to people like me. I hear what he says and will certainly ask whether it would be feasible, but I have to put that caveat on his request. It is clear to me that having more data is always useful, but it is then a question of how they are to be used and understood. We need to step back from that to a more fundamental position on training and awareness.

[Jim Shannon]

I indicated in my contribution that the figure for prosecutions was down in the past year, and asked whether that was because the police were not giving the issue the focus and priority that they should. If the Minister can answer that now, that would be good, but if not I am happy to wait for a response. Is disability hate crime a priority for the police?

[The Solicitor General]

I can give the hon. Gentleman the assurance he seeks. On as many of the questions he asked as possible, I shall outline the measures that are being taken. The mandated package of training—to which I think he referred in a question to me in the main Chamber some months ago—has been delivered through a classroom-based approach, as opposed to using the internet. That is very important. It was a mandated package, so it had to be delivered to all prosecutors, and it was delivered between September last year and January this year. In particular, it incorporated the victim’s perspective and provided support on identifying evidence of hostility in order to obtain those important recorded sentencing uplifts.

I parenthesise a moment by reminding Members that section 146 is not the end of the story when it comes to how judges should sentence for offences with a disability element. There are guidelines that allow judges to look at the situation or vulnerability of the victim and their characteristics and take that into account when assessing the overall length of sentence. That message, too, has gone out loudly and clearly to all those involved in the prosecution of crime.

Members should reflect on where we hit a difficulty—perhaps we can debate this in future—which is on how to approach sentencing when it comes to people with invisible, not hidden, disability. I think in particular of learning disability and autism. Far too often, the perpetrator is able to say, “Well, I didn’t know he was autistic.” That puts the judge in a very difficult position, because they then do not have evidence of either hostility or some sort of motivational offence, or that the perpetrator even knew about the victim’s characteristics. We are getting into the debate about the eggshell skull theory, with which the hon. Member for Torfaen will be familiar, but it is a debate we need to have when it comes to how adequately we protect and support people with invisible disabilities.

I turn to the other questions that Members asked. I am glad to say that the hate crime assurance scheme is happening, and that live files are being tracked as a result. That is helping to support the quality of casework, with real-time scrutiny as cases progress.

As we have seen, that scheme is having results with an increased number of sentencing uplifts being applied. It also checks all finalised hate crime cases, so that we can identify best practice and any lessons that can be learned. In other words, and to answer the point made by the hon. Member for Torfaen, the failed applications are being looked at and that is a vital part of how we can improve our approach.

Members are aware, of course, of the 13-week consultation published by the Crown Prosecution Service in October, which sets out the approach taken by the CPS to such crimes. A plain English version of that consultation is available too, which is particularly important for people with disabilities themselves, so that they can have their voice heard. Also, the legal guidance for prosecutors will be updated and published at the same time as the consultation response, so work is ongoing.

The statement that has been provided by the CPS has been developed with the involvement of interested groups and community representatives, who have highlighted the social model of disability. That model suggests that the prejudice, discrimination and social exclusion experienced by many disabled people is not the inevitable result of their condition but instead stems from the various barriers that they experience daily and that hon. Members have talked about in this debate. That social model is the basis on which the CPS understands, dismantles and reduces the effects of those barriers, as far as we are able to, leading to improved safety and security, access to mainstream life and indeed work, where appropriate, for people with disabilities.

Last month, the CPS also published two guides on the recognition and reporting of hate crimes for individuals and agencies who might be the first to hear about a hate incident. Those guides are intended to increase public confidence and in turn improve reporting levels, so that they more accurately reflect the experience that we know people have in their communities.

We have already discussed such third-party reporting, and my hon. Friend the Member for South Ribble (Seema Kennedy) gave an example of it. I was delighted to meet the organisation she referred to when I visited CPS Manchester earlier this year. Indeed, I pay tribute to such organisations, including the one in my constituency that I mentioned earlier, and to campaigners such as Stephen Brookes MBE, who is from Blackpool and who has long championed the issue of third-party reporting, showing that where it is done well it really makes a difference for people with disabilities. My message to hon. Members, therefore, is that if, for whatever reason, they do not have third-party reporting in their community, they should ask why and see whether such provision can be improved.

The hon. Member for Bootle also asked about senior management. I am happy to tell him that I will be in Liverpool next week, at the CPS senior management conference, and he can bet his bottom dollar that I will raise the issue of disability hate crime in his home town. It is important that that is not a one-off but another example of how law officers, the Director of Public Prosecutions and senior leaders can set a good example.

On judicial meetings and the links that we have with the judiciary and the DPP, the issues that we are discussing are raised on a regular and systematic basis. Although sentencing is, of course, an independent function, we can ensure that the policy context is fully understood by those responsible for sentencing.

My right hon. Friend the Member for Forest of Dean mentioned education, and the Government have allocated—as part of our hate crime action plan—important funding to help to equip teachers to have what can sometimes be difficult but important conversations with young people, by funding programmes through organisations such as the Anne Frank Trust UK and Streetwise. Again, the training that teachers receive through those programmes will be classroom-based and of real use.

My right hon. Friend also mentioned social media. The Government are clear: whether online or offline, crime is crime and the CPS and the police will follow the evidence wherever it leads and however difficult it is to follow it. An unfortunate perception has arisen that, somehow, something online is more difficult to trace. I just do not accept that; there is a clear evidence chain there. All of us know that removing things from the internet is not as easy as it might seem—thank goodness, in the context of such offending—and the message must go out loud and clear that online abusers will be detected and prosecuted, wherever it is appropriate to do so.

I will deal with the points that have been made about the Law Commission. Its report is an important one, which I have read and considered myself. I am happy to say that, although the Government have not come to a fixed conclusion about the extension of the aggravated offences to cover all five protected characteristics, that matter is still very much under review. As a prosecutor myself in my former life, and having used such offences since they were introduced in the late 1990s, I know that they had a transformational effect and therefore I understand their power. In the meantime, however, it is very much a question of the police, the CPS and all agencies using the powers that they have more effectively.

Hon. Members mentioned the cross-Government hate crime action plan, which includes a proper emphasis on increasing awareness of and support for victims. It is clear that if a person with a disability feels that they will be taken seriously and listened to, they are more likely to come forward.

I go back to the point I made at the beginning of my speech about the importance of perception from the viewpoint of another person. We want to increase the reporting of hate crime by improving the reporting process itself, for disabled people and for people with other protected characteristics.

The CPS has played an important part in contributing to that hate crime action plan. It has made a number of commitments, which will be delivered by 2020, and I will continue—as a law officer—to work with the CPS, to ensure that perpetrators are punished and to publicise successful prosecutions, because that will create confidence among the members of a community that when hate crime is reported, action will be taken.

New guidance will be produced by the CPS—

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 26th May 2016 Commons Chamber

[The Solicitor General]

The hon. Lady is right to refer to those regional variations, which are concerning. I am glad to see a strong commitment to a greater national approach to this issue. That is why the setting up of RASSO units in every area is vital. The CPS has recruited a further 102 specialist prosecutors, with a further phase of recruitment due to take place, which will help to drive conviction rates up.

[Jim Shannon (Strangford) (DUP)]

In Northern Ireland, there were more than 28,000 incidents with a domestic motivation in 2014-15, and there were 2,734 sexual offences, including 737 cases of rape. Not only are conviction rates too low across the UK, but the number of incidents is still too high, particularly considering that many victims of domestic violence do not come forward. What steps are the Government taking to reduce the number of offences? Have they considered an education programme for boys and girls in school?

[The Solicitor General]

I am grateful, as always, to the hon. Gentleman. I am happy to say that, in England and Wales, the overall number of cases being brought—not just of rape but of associated violence and sexual abuse in a domestic setting—continues to increase, which means justice for thousands more victims year on year.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 14th April 2016 Commons Chamber

[The Solicitor General]

I certainly welcome those statistics. Importantly, they make the point that, when it comes to people’s lives, more and more individuals are finding that their cases are being heard and that justice is being done on the perpetrators of these appalling offences.

[Jim Shannon (Strangford) (DUP)]

What discussions has the Minister had with his counterparts in the Northern Ireland Assembly about the possibility of extending Clare’s law to the Province, particularly in the light of the revelation from Women’s Aid that six murders in Northern Ireland had links with domestic abuse?

[The Solicitor General]

The hon. Gentleman rightly raises the important innovation of Clare’s law, which was introduced in the last Government. I was a key supporter of that legislation. I would be happy to have discussions with colleagues in Northern Ireland. However, it is a matter that, quite properly, has been devolved, but if it would help, I will of course hold those discussions.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 14th January 2016 Commons Chamber

[The Solicitor General]

Like my hon. Friend, I am always enthusiastic about the sensible use of new technology. Police in London are already piloting body-worn cameras, which capture the immediacy of events of domestic abuse. That sort of technology needs to be very much part of the tools available to police officers when investigating such cases.

[Jim Shannon (Strangford) (DUP)]

I thank the Solicitor General for his responses so far. Domestic violence accounts for about a fifth of all crime in Northern Ireland, with police officers attending 60 domestic incidents a day. That is massive, but we still have problems with people failing to come forward, particularly men. Is the CPS considering taking steps to work alongside police forces to encourage people to report all domestic incidents?

[The Solicitor General]

I am very grateful to the hon. Gentleman for raising the issue of male victims. About 15% of domestic abuse victims are, indeed, men, and proper emphasis is being placed on the need to encourage men to come forward. It is not a badge of shame for someone to admit that they are a male victim of domestic abuse, and that message needs to be heard loud and clear throughout the length and breadth of the kingdom.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 26th November 2015 Commons Chamber

[The Solicitor General]

I am happy to tell my hon. Friend that, along with my hon. Friend the Under-Secretary of State for Disabled People and the Minister for Preventing Abuse and Exploitation, I recently set up and took part in a ministerial round table with Government agencies and the third sector to deal with precisely that issue. We gave particular attention to issues such as victim support, the quality of reporting, and confidence among members of the disability community about the way in which the criminal justice system treats them.

[Jim Shannon (Strangford) (DUP)]

In October, the Police Service of Northern Ireland launched an online campaign after 44 disability hate crimes were recorded over a six-month period. Two years ago, the PSNI contacted the charity Leonard Cheshire Disability—of which the Solicitor General will know—which has set up an advocacy scheme to help disabled people to gain access to the criminal justice system. Does the Solicitor General feel that he should consider similar action?

[The Solicitor General]

I commend the work of Leonard Cheshire Disability. In 2012, 65,000 cases involving a disability hate element in England and Wales were recorded in the national crime survey, but there is a big gap between that figure and the number of prosecutions, and I want that to change.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 15th October 2015 Commons Chamber

[The Solicitor General]

Recently, the CPS drew up new guidelines for the care of witnesses in court. Those guidelines are currently being piloted and will be rolled out nationally in the new year. They will go a long way towards supporting witnesses, while avoiding the dangers of coaching witnesses in the giving of evidence, which, of course, would not be desirable.

[Jim Shannon (Strangford) (DUP)]

In the last few years, it has become clear that a great many young people have been sexually abused over a number of years and are traumatised by that abuse. Can the Solicitor General assure the House that the necessary resources are available so that the young people in all those cases can be looked after?

[The Solicitor General]

I can reassure the hon. Gentleman. As I have said many times before, when it comes to the protection of vulnerable witnesses and complainants in criminal cases, the CPS is always working to improve its processes so that the experience can be as smooth as possible. What we do not want is a repeat, in effect, of the abuse that those people originally suffered when they come to court and give evidence.

Oral Answers to Questions

Debate between Robert Buckland and Jim Shannon

Thursday 2nd July 2015 Commons Chamber

[The Solicitor General]

The hon. Lady makes a proper point. I can reassure her that the degree of training and, importantly, the joint training that goes on with the police is very much understood by the Crown Prosecution Service. It applies not just to forced marriage, but to a range of offences in which cultural barriers and other issues can make it difficult for victims to come forward. It is well understood and I am glad to see that numbers continue to increase, but of course more work needs to be done.

[Jim Shannon (Strangford) (DUP)]

Since the Modern Slavery Act came into force, there has been some limited success, but more has to be done to protect victims. What has been done to train staff in the public agencies to spot forced marriages?

[The Solicitor General]

I have dealt with training within the CPS and the police, but the hon. Gentleman makes a proper point about third-party agencies. In the case of young people it is an issue of safeguarding. Forced marriage is a form of child abuse and must be recognised as such. All agencies should be alert to this manifestation and make reports promptly and comprehensively.

Speech, Language and Communication Education

Debate between Robert Buckland and Jim Shannon

Wednesday 19th June 2013 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on securing an important debate that all hon. Members can relate to in respect of their constituencies. In Northern Ireland, we have some 8,650 pupils with learning difficulties: there are three in every class of 30, which illustrates the magnitude of the problem. Does he agree that it is best to have a co-ordinated approach in schools, with families as well, so that the capacity to help and teach children can be reached and they can have that wee bit extra help when they need it most?

[Mr Buckland]

I am grateful to the hon. Gentleman for giving us some of the Northern Ireland figures: the three-per-classroom figure reflects the United Kingdom average. He makes an important point, which I will come back to in discussing examples in Swindon, because I am familiar with the services there.

In areas of social deprivation, upwards of 50% of children are starting school with language delay. That does not mean that their general cognitive abilities are below the national average, but their language skills are delayed. That delay can often run into secondary school and that has an impact on literacy and general attainment. It is clear from research that reading difficulties can be made worse if children are taught written language before their spoken language skills are developed enough to access this teaching.

--- Later in debate ---

[Mr Buckland]

I am glad that the hon. Gentleman raised that, because there is an opportunity to do that through the Government’s response to the better communication research programme, set up under the previous Government as a result of the Bercow review. I pay tribute to Mr Speaker for the work that he has done in this field. The report published by this Government at the end of last year, entitled “Better communication research programme: improving provision for children and young people with speech, language and communication needs”, led to the creation of a communication council, which I believe will address the hon. Gentleman’s legitimate question. The council will involve the Department for Education, the Department of Health and the Communication Trust, which is an organisation comprising more than 40 bodies in the field of speech, language and communication. The aim of the council will be to promote best practice, to share the good work of councils, such as Stoke and Swindon, to work out ways in which the research that has been obtained can be shared with as many councils and agencies as possible and to promote a better awareness of speech, language and communication needs. I should be grateful if my hon. Friend the Minister provided an update on the progress being made with regard to the work of the new communication council.

I was talking about primary school. It is important to note that there is an attainment gap. Although nearly 80% of all children achieve the expected level in English at the end of key stage 2, just 25% of children with speech, language and communication needs reach that level: a gap of 55%. The gap in maths is similarly dramatic—it is 46%—and in science it is 41%. In key stage 4, when young people are doing their GCSEs, just 15% of children with speech, language and communication needs achieve five GCSE A* to C or equivalent, compared to 57% of all young people.

As I said, we are not talking about children who are not cognitively able—they are—but their communication impairments mean they lose out big time when it comes to achieving the qualifications they need to progress into further education, training and employment. We talk a lot in this place about young people who are not in education, employment or training, and this issue is part of the problem. Unless we nail it here and now, we will not do justice to the hundreds of thousands of young people who are still not in education, employment or training.

An Institute of Directors skills survey reveals that businesses suffering skills shortages named communication skills as among the most difficult skills to obtain, with 22% of businesses experiencing difficulties recruiting people with oral communication skills and 18% experiencing difficulties recruiting those with written communication skills. That evidence reinforces the point I made at the beginning of my remarks that communication skills are becoming vital to not only social interaction, but the economic contribution young people can make to society. This issue is not, therefore, just a question of social good, but a fundamental question of economic activity and this country’s future economic prosperity, so there is a hard edge to all this.

[Jim Shannon]

In Northern Ireland, 51% of school providers have indicated that speech and language difficulties are a serious problem, which shows the magnitude of the issue. Does the hon. Gentleman feel that there should be better co-ordination between schools, education boards and business to ensure we have follow-through?

[Mr Buckland]

I am grateful to the hon. Gentleman, and I like his point about linking up with business so that the skills young people acquire, such as communication skills, match what businesses need. We need to look at that in terms of young people, in 2015, coming to their GCSEs and, indeed, reaching the age of 17 or 18 and remaining in some form of learning environment.

Sergei Magnitsky Case: Visa Restrictions

Debate between Robert Buckland and Jim Shannon

Tuesday 16th April 2013 Commons Chamber

[Mr Buckland]

I am extremely grateful to my hon. Friend. Like him, I have had the opportunity to address some of these issues directly with Russian politicians who have visited this place and sought a dialogue. It is important that none of us shies away from using every opportunity to raise difficult issues and to challenge in a proper way.

[Jim Shannon (Strangford) (DUP)]

rose—

[Mr Buckland]

I will give way one last time.

[Jim Shannon]

I thank the hon. Gentleman for giving way; I asked him beforehand if he would agree to it. Has he considered whether the Government and the Minister could address the issue of the assets of those involved who may be in the United Kingdom? That might be a way of making them accountable for their past misdemeanours.

[Mr Buckland]

I am grateful to the hon. Gentleman and think that that option should be considered. This issue does not stop at visas; capital restrictions would be a real way of hitting these people where it hurts. To return to my earlier point, it is a matter of reproach that such people are allowed to be economically active in our country while a glaring injustice remains unaddressed.

A huge fraud was committed against the people of Russia by their own officials. I am sure that if they wished to unravel this financial conspiracy they would have our full-throated support and co-operation, but in the absence of such an acknowledgement and action it is only right that Britain sends a clear message to those implicated in this scandal that we are on the side of justice and that those who do not share those values do the eternal name of Russia no service and are not welcome here.