Oral Answers to Questions

Debate between Robert Buckland and Sharon Hodgson

Monday 27th April 2020 Commons Chamber

[Robert Buckland]

My hon. Friend can be assured that my officials work closely with the Prison Officers Association. The restricted regimes we have put in place mean that prisoners are spending more of their time in their cells, to support social distancing. When they are allowed out of their cells—for example, for exercise, association or showering—it is on a rota basis, in small, manageable groups supervised by officers, allowing for social distancing to be maintained. The message to stick to the guidance is being reinforced through gold command as part of the command and control structures that now operate right across our prison estate, and we are reinforcing that message through a range of activity—for example, via posters and prison radio.

[Mrs Hodgson [V]]

While most prisons are taking every precaution to prevent the spread of covid-19, union sources report that some rogue governors are attempting to return to business-as-usual practices, such as unlocking large numbers of prisoners and restarting training courses. Does the Secretary of State condemn that reckless behaviour and agree that all governors should be following official guidance, without exception?

[Robert Buckland]

The hon. Lady is right to point out the danger of over-enthusiasm going ahead of the guidance. It is clear that the work that has been done by governors, staff and, indeed, the prisoners themselves in our institutions has helped to minimise the sort of explosive outbreak that we were quite rightly worried about. My advice—my instruction—to everybody involved in this is to stick to the guidelines. We are not in a position yet to change that regime. Please follow the guidelines that have been set out clearly by Her Majesty’s Prison and Probation Service.

Oral Answers to Questions

Debate between Robert Buckland and Sharon Hodgson

Thursday 13th December 2018 Commons Chamber

[The Solicitor General]

My right hon. Friend is right to raise the sad connection with gang offending. Sadly, corrosive substances are sometimes used as weapons by gangs in retribution and as a means of enforcement. The CPS guidance identifies that phenomenon and encourages prosecutors to apply for criminal behaviour orders to prevent such gang-related offending.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

10. If he will support the Charity Commission’s request to refer the Royal Albert Hall to the charity tribunal.

[The Solicitor General (Robert Buckland)]

Earlier this year, the Charity Commission wrote to the former Attorney General requesting consent to refer five questions to the first-tier tribunal concerning the registered charity that runs the Royal Albert Hall. Although the Charity Commission has the power to refer questions to the tribunal, it may only do so with the consent of the Attorney General, as set out in section 325 of the Charities Act 2011.

[Mrs Hodgson]

The Attorney General promised that he would make a decision on this matter by the end of the autumn. I am sure we are now in winter, so that decision is overdue. The majority of the Royal Albert Hall’s ruling body own a quarter of all the seats. Those seats are valued at up to £25 million, and they are allowed to sell tickets for the seats on the secondary market, making huge profits. Does the Attorney General not consider that a conflict of interest, and will he allow the Charity Commission to refer it to the tribunal?

[The Solicitor General]

The hon. Lady has identified the core of the concern in this case. Before assessing whether I or the Attorney General should consent to the Charity Commission’s request, we invited both the corporation of the Royal Albert Hall and the Charity Commission to make further representations. We have received those representations, and we are in the process of considering them with a view to issuing a decision in due course.

Child Sexual Exploitation and Consent to Sexual Intercourse

Debate between Robert Buckland and Sharon Hodgson

Tuesday 22nd May 2018 Westminster Hall

[The Solicitor General (Robert Buckland)]

It is a pleasure to serve under your chairmanship, Mr Bone.

May I put on the record the reason for my presence at this debate, bearing in mind my ministerial responsibility as superintendent of the Crown Prosecution Service of England and Wales? As this debate has been quite rightly focused by my hon. Friend the Member for Telford (Lucy Allan) upon questions of law and the prosecution of these offences, it is entirely appropriate that I am appearing in Westminster Hall today.

May I assure my hon. Friend that I have already had an important conversation with the Under-Secretary of State for the Home Department, who is the Home Office Minister with responsibility for safeguarding? Indeed, Home Office officials are here today with me.

I congratulate my hon. Friend the Member for Telford on securing this debate. I know how much she has campaigned for the victims of child sexual exploitation in her constituency and how she has been a tireless champion of securing an independent inquiry into systematic issues that have resulted in a whole cohort of young people in her local area being failed by the authorities after having to suffer appalling abuse.

I speak not only as a Minister; I have many years’ experience in prosecuting just this type of offence. Having taken what is now the Serious Crime Act 2015 through Parliament as a Minister, I am proud that in that Act we updated the law to remove old-fashioned references to child prostitution in acknowledgement of the fact that when it comes to consent we are dealing with children. These are children who deserve the protection of the law, and to apply to them the standards that can be applied to fully mature adults is a betrayal of their vulnerability and a failure to safeguard them. Over and above everything, the issue must be one of safeguarding. Underlying some of the issues that my hon. Friend raised is perhaps a failure, at times, by the respective agencies and their representatives to understand that safeguarding must come first and therefore that the point of view of the child—the victim—is paramount, rather than considerations of another kind. If people understand that, we will make even further progress.

I have been part of a number of inter-ministerial groups on child sexual exploitation, from my time as a member of the coalition Government right through to this year, and I have been impressed by the sense of purpose the Government have shown in seeking to co-ordinate and improve the work that needs to be done to safeguard children. We have had new legislation on safeguarding and a robust response to the appalling incidents in Rotherham, Rochdale and other local areas that shone a light on the problem often encountered by young people in getting their story regarding child sexual exploitation heard and believed.

My hon. Friend raised a specific case, of which I am aware, and I know that she has written to colleagues in the Home Office. She will get a response; I will undertake to ensure that by writing to her. It would perhaps be invidious for me to make detailed comment on the merits of the case, as a further inquiry investigation is under way, but I take on board her points. She drew the important distinction between consent and knowledge of age, both of which issues I will deal with now, in general terms.

When a case meets the threshold, the police should refer it to the Crown Prosecution Service for a charging decision. That decision is then made by an independent prosecutor in accordance with the code for Crown prosecutors and CPS legal guidelines. On consent, it is important to draw a distinction between consent in fact and consent in law. In fact, the threshold for absence of consent in law is somewhat more rigorous. A child under the age of 16 cannot in law consent to a sexual act. Therefore, a person is guilty of a child sexual offence such as sexual activity with a child contrary to the 2003 Act if sexual activity takes place and the child is either under 13 or is under 16 and the perpetrator does not reasonably believe them to be 16 or over.

My hon. Friend referred to the question of reasonable belief and I assure her that the test is rigorous and takes into account all the evidence in the case. Proof of the age of a child is of course a simple, straightforward matter—date of birth can easily be proved. The question of reasonable belief often depends on the circumstances, but I can assure my hon. Friend that the old chestnut of, “I didn’t know her age. She didn’t tell me,” does not mean that the police and the prosecution are suddenly discharged of any responsibility to bring the case. Wider circumstances need to be considered and assessed. Each case must stand or fall on its facts, and the perception that somehow at all times the burden should be on the child to prove their position is not correct. It is important that we as Ministers and parliamentarians get that message out there, so that young people know that if they come forward they will be taken seriously and treated properly.

The hon. Member for Washington and Sunderland West (Mrs Hodgson) knows well from experience—we have worked together on such issues and I am grateful for her presence and her intervention today—that it is vital that young people know that we have moved on from the appalling response we saw in Rotherham and other local authorities and that that approach is no longer acceptable. The courts themselves, in sentencing, now readily acknowledge that. The idea that somehow a child can consent in any way to sexual activity, where consent is not an element of the offence, is no longer relevant in sentencing. Indeed, the courts no longer give defendants any mitigation or concession for so-called implied consent on the part of a victim who is a child. That has been an important development as well.

In the context of offences of rape, other than the rape of a child under 13 for which consent is not necessary, the absence of consent must be proved regardless of age. The definition of consent is that a person agrees by choice and has the freedom and capacity to do so—and there comes the issue. Again, it is important that we send the message out clearly that the age and circumstances of the complainant—the victim—must be taken into account in understanding age and capacity.

Acquiescence is not consent, and that message is vital, particularly in the context of some of the child sexual abuse of which we are all aware. The fact that a vulnerable or young person has been groomed starkly raises the reality that he or she may have been placed in a position in which they have merely acceded to sexual activity, rather than having given real, meaningful consent. The despicable actions of those who prey upon such young people should, and have, come under scrutiny when considering the issue of genuine consent. Even in the absence of clear evidence of grooming, a victim under the age of 16 is likely to be considered vulnerable, regardless of whether the defendant believes them to be older. Evidence that a victim has been drugged or is so intoxicated that they no longer have capacity to consent may also support the absence of consent per se.

[Mrs Hodgson]

I am not privy to all the facts of the case, but in the light of what the Solicitor General said about the age of consent being 16, I really struggle to understand why the men are at large and not behind bars. I am curious about that.

[The Solicitor General]

The hon. Lady is absolutely right to reiterate the point that has been made. I cannot comment on the specific case, but it is clear to me that we have moved a million light years from perpetrators being able to get away with such things with impunity.

Oral Answers to Questions

Debate between Robert Buckland and Sharon Hodgson

Monday 10th February 2014 Commons Chamber

[Mrs Hodgson]

I am grateful to be in the Chamber tonight to hear the hon. Gentleman’s contribution. Does he agree that it was the hundreds of amendments and the hundreds of hours—it felt like hundreds—of debate in the Commons that laid the groundwork that allowed the Lords to bring forward the amendments that the Minister is able to accept today? If that is how it has to be, then we did our job, but it is a shame that more amendments could not have been made in the Commons.

[Mr Buckland]

I agree that it would have been nice to have made some of the amendments in the Commons, but I understand that in the other place there is more time for deliberation and for votes, so the fact that we reached this stage in that way does not trouble me. We are in the right place and the legislation is now in good order. Let us not forget that the process that got us to this stage predates First Reading, because there was an extensive consultation process. A consultation paper was issued in 2011, followed by many months of proper consultation not only with education providers and the third sector, but with children and young people themselves, whose views have been brought to bear in large measure in the Bill.

Only this morning I visited one of the special schools in Swindon, the Uplands secondary school, where the Uplands Educational Trust was holding its annual general meeting. It is a new organisation that has been set up purely to start offering post-19 provision for young people who have gone through the school system and hit the cliff edge of transition, which is still a problem that bedevils parents, carers and young people in the education system and beyond. It is an admirable and excellent initiative that I fully support. I believe that such organisations will be the mainstay of enhancing and developing post-19 provision right up to the age of 25 and beyond for many young people with disabilities and special educational needs. Without the input of such organisations, I worry that the aspirations in the Bill for extending provision to those crucial years will not be met.

The message that came home loud and clear from parents and carers today was that although they warmly welcome the Bill, the implementation will be key. Once again I heard from many parents who find the transition period the most difficult one of all, despite the good intentions and the good work of local authorities, such as Swindon borough council. The message that they wished me to convey to the House is that in many cases, involving the parents and carers—the greatest experts when it comes to their children and young people—is vital to making transition work.

If we are to get that right, the code of practice that will be brought into force later this year, as set out in the Bill, will be crucial. I am glad that the code will be approved through the affirmative procedure in this House in its first iteration, with subsequent revisions made using the negative procedure, which should allow for frequent updating. The existing code has not been updated since 2001—hardly the embodiment of the living instrument that I and many others expect the code of practice to become. It is my sincere hope and fervent wish that the Government take on board the failure of that code to keep up to date with modern practice and to ensure that it truly is a living and adaptable instrument that reflects not only the aspirations of children and young people with special needs and disabilities, but the reality of experience on the ground. Implementation is everything.

Speech, Language and Communication Education

Debate between Robert Buckland and Sharon Hodgson

Wednesday 19th June 2013 Westminster Hall

[Mrs Hodgson]

The hon. Gentleman makes a valid point. As the name suggests, the education, health and care plans are a combination of education, health and social care. The Minister must be commended for his excellent work in that regard, to get the involvement of the Department of Health and that collaboration and cross-departmental working that in the past has been lacking, leading to confusion about whether AAC sits under Education or Health. I am sure that the Minister will respond to that point when he winds up. Under the new plans, I hope that things will become clearer, if only in the sense that the different parts of government work better together to meet the needs of the child or young person. The right hon. Member for Arundel and South Downs (Nick Herbert) asked for assurances from the Minister that the new system will bring improvements and not make it more difficult for parents to access the support that their child needs. We all agree that that is what we want to see from the new system, which I hope will be the case.

Speech, language and communication needs are highly prevalent: more than 30% of those on school action plus schemes have been identified as having speech, language and communication needs, and around a quarter have statements. Only 44% of pupils with speech, language and communication needs achieve their expected progress in English; as we heard from the hon. Member for South Swindon, even fewer—35%—do so in maths by the end of their school life. Even by age 19, little more than half those young people have achieved level 2 qualifications, which means a C or above at GCSE. Obviously, fewer still go on to get A-levels: just one in five young people with speech, language and communication needs has achieved a level 3 qualification by the age of 19.

Shockingly, those statistics suggest that speech, language and communication needs hold back children and young people more than other special educational needs and disabilities that we might otherwise think have a bigger impact on educational outcomes. The proportion of children achieving level 3 qualifications is lower for those with speech, language and communication needs than for those with hearing or visual impairment, multi-sensory impairment, physical disability, autistic spectrum disorders and specific learning difficulties. Such statistics clearly indicate that we have a real problem with how we provide support for such children and young people. It is therefore little surprise that they are so over- represented in exclusions from school and the youth justice system—about 65% of young offenders have speech, language and communication difficulties, according to the Communication Trust.

[Mr Buckland]

I am extremely grateful to the hon. Lady for those shocking statistics about 65% or more of young people in custody having such need. Is it not essential that we use the Children and Families Bill as an opportunity to reach in to those young people in custody, to rehabilitate them and to reduce the risk of reoffending? That is what it is all about.

[Mrs Hodgson]

The hon. Gentleman has made an excellent point, which we discussed at length in Committee and on Report. Noble lords will return to the issue in the other place, and Lord Ramsbotham will be seeking some commitment from the Government, specifically to amend or even scrap clause 69 of the Bill. The area is vital, and I am sure that we and others will return to it time and again until that figure of 65% comes down to a more representative level.