Sentencing

Sadiq Khan Excerpts

Monday 23rd May 2011 Commons Chamber

[Sadiq Khan (Tooting) (Lab)]

I beg to move,

That this House opposes changing the maximum discount for custodial sentences to up to 50% for those who plead guilty.

Should an offender who commits any offence—grievous bodily harm, assault occasioning actual bodily harm, attempted murder, burglary, mugging, downloading child porn, rape—be given a discount in his or her sentence of up to 50% if they plead guilty at the earliest opportunity? I will deal with the issue in three parts: first, the background to the policy; then I shall move on to its real motivation; thirdly, and finally, I will put my case for why the House should reject that policy.

Sentencing represents the climax of the court process at the point when a defendant is found guilty or pleads guilty. Judges or magistrates decide within set guidelines on the most appropriate sentence to hand down, basing their decision on a range of factors, including the severity of the offence. Punishment is a key purpose of sentencing—punishing offenders for the crime they have committed—but it is also about deterrence both for society as a whole and to the individual in question, aiming to prevent the offender from committing another offence.

A key factor not to be underestimated is the protection of the public and the respite provided to communities, but we must also emphasise the importance of rehabilitating offenders. Sentencing provides the opportunity to work with offenders to reduce the chances of their reoffending in the future. It is about focusing on what works to ensure that there is no drift back into a life of crime, but it also provides the opportunity to work with those who have debilitating mental health issues and dependencies on drugs and alcohol.

[Mr Stewart Jackson (Peterborough) (Con)]

I wonder whether the right hon. Gentleman is suffering from political amnesia, given that his Government presided over the debacle of failing to deport a huge number of foreign prisoners and were also responsible for the deeply unpopular and failed policy of the early release scheme.

[Sadiq Khan]

I will deal with both those points. Last week, the Justice Front-Bench team were asked how many of these foreign prisoners they had deported during the 12 months that they had been in power, and the answer was—quote of quotes—“about 60”. As to the end-of-custody licence, on four occasions between 1979 and 1997, the previous Conservative Government released prisoners early—without the checks and balances that we had, whereby no serious or violent offenders were let out on our watch.

How to balance these different purposes of sentencing is in the judges’ discretion, and plea bargaining is also a key part of our sentencing system. Part of plea bargaining is when an offender’s sentence is reduced on submission of a guilty plea. This is an aspect of our sentencing system that has evolved over many decades, becoming more formalised in recent years.

[Ben Gummer (Ipswich) (Con)]

The right hon. Gentleman brings up the matter of credits for those who plead guilty and he is right to say that it used to be at the judges’ discretion—until it was made mandatory by the previous Government. The discount of a third, which is given now, is one created by his Government, not by judicial discretion.

[Sadiq Khan]

I will come on to deal with that point in a moment, but the first part of what the hon. Gentleman said is factually wrong.

Successive Governments have sought to codify the amount of discount one gets off a sentence for pleading guilty, and the first real attempt at codification came with section 48 of the Criminal Justice and Public Order Act 1994. This introduced a requirement for the court to take account of a guilty plea. The hon. Member for Ipswich (Ben Gummer) may have been alluding to section 144 of the Criminal Justice Act 2003, which included statutory provision on reductions in sentences for guilty pleas; the Sentencing Council sought to provide structure and judicial direction in this matter.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Is it acceptable for a defendant pleading guilty at a timely opportunity—let us say, for an offence of rape—who should have been liable to a tariff of five years, to get a third off, meaning a sentence of 40 months, which would have led, in turn, to the individual being released after 20 months? That would have happened under legislation passed on the right hon. Gentleman’s watch. Indeed, it could have led to an even earlier release if further credit had been given for remorse or co-operation with the police at an interview. Is that acceptable?

[Sadiq Khan]

I welcome the hon. Gentleman’s comments, but he will be aware that the maximum discount that can be given on a guilty plea at the earliest opportunity goes up to one third, but if there is overwhelming evidence against the individual, the maximum discount is only 20%. The hon. Gentleman is well aware of that, because I know he still practises in the criminal courts.

[Charlie Elphicke (Dover) (Con)]

The motion expresses the shadow Minister’s disapproval of the 50% discount, but the Green Paper that was published in December 2010 canvassed the possibility in paragraph 216 on page 63. Here we are at the end of May, and only now are the Opposition raising the matter. Is it possible that this is just opportunism?

[Sadiq Khan]

The consultation ended on 4 March this year, and we made our concerns clear back in December. I shall deal with the timeline in a moment, because it is relevant to the spinning that has taken place over the past seven days.

Under our current system, if a guilty plea is entered at the first reasonable opportunity, there is discretion for a sentence to be reduced by up to one third. The later in the process the guilty plea is entered, the smaller the reduction becomes. There is a discount of a quarter if the plea is entered once the trial date is set, and a discount of a tenth when it is entered at the door of the court at the time of the trial. As I said earlier, there is a discount of 20% if the plea is entered at the first opportunity but there is overwhelming evidence against the defendant.

I accept that a sentence discount represents a tension between the delivery of justice and the improving of efficiency in the legal system, but that tension can potentially bring benefits to victims who are spared the trauma of a long period in court. Up until now, the system has always sought certainty that the right balance is being struck. If the sentence reduction is too great, it threatens to undermine the principles of sentencing and public confidence in the system. Worse still, it may mean that justice is not being served.

The Government’s Green Paper “Breaking the Cycle” proposed a maximum discount of 50% for those who plead guilty at the earliest opportunity. No. 10 and the Lord Chancellor would like us to believe that they are in full consultation mode and are simply “flying a kite” about changing the current practice. I accept that there has been consultation on the proposal, but the Lord Chancellor’s decision to accept a 23% cut in his budget has led to a fixation with reducing the prison population. That fixation has overridden all other objectives, and shows just how out of touch the Government have become. They want to reduce prison numbers not because crime is being reduced or because fewer people need to be in jail, but quite simply because of money.

[Richard Graham (Gloucester) (Con)]

In the light of his accusation that the only motivation for the Government’s offer of consultation with options is reducing the prison population, does the right hon. Gentleman accept that between 2007 and 2010, his party’s Government released early the equivalent of the entire current prison population of 80,000?

[Sadiq Khan]

I know that the hon. Gentleman is not misleading the House intentionally or recklessly, but, as he knows, the maximum time off on end-of-custody licences was 18 days. We are not talking about an additional 17%.

[Anna Soubry (Broxtowe) (Con)]

Is the right hon. Gentleman honestly telling the House that under the tenure of the last Government there was not a serious and profound problem of overcrowding in our prisons?

[Sadiq Khan]

I remember that the manifesto on which the hon. Lady stood for election and won her seat stated that the Conservatives would provide the same number of prison places we would.

The Department’s impact assessment gives the game away. The sentence discount plan provides the Lord Chancellor with the lion’s share of his reduction in prison places. The impact assessment shows that £3,400 of the overall savings from the 6,000 fewer prison places that will be needed as a result of the sentencing package will come from the planned increase in the maximum available discount to 50%. I accept that that equates to £130 million a year, but it demonstrates that the Government know the price of everything and the value of nothing.

[Mark Lancaster (Milton Keynes North) (Con)]

If the right hon. Gentleman expects the House to take his arguments seriously, perhaps he will explain why he and his party failed to make any submission to that Green Paper.

[Sadiq Khan]

Of all the points that have been made, that is the silliest. The hon. Gentleman has been in the House long enough to know that it is silly to expect a Member to respond to every consultation document when he has other opportunities to make his views known, such as asking questions of the Justice Secretary on the Floor of the House, speaking to the Justice Secretary, and speaking to the Opposition.

[Richard Graham]

On a point of order, Mr Deputy Speaker. May I ask whether I correctly heard what the right hon. Gentleman said? Did he accuse me of misleading the House in the figures I mentioned in my question to him?

--- Later in debate ---

[Mr Deputy Speaker]

To save a bit of time, let me say that it might be more appropriate for that question to be asked in an intervention on the shadow Secretary of State.

[Sadiq Khan]

I am afraid I have no idea what that point of order was about, Mr Deputy Speaker.

[Richard Graham]

rose—

[Sadiq Khan]

The hon. Gentleman will have a fourth chance to intervene in a while.

[Ben Gummer]

rose—

[Sadiq Khan]

I shall give way to the hon. Gentleman.

[Ben Gummer]

May I help the right hon. Gentleman? I do not like to disagree with my colleagues, but he did make a submission on the Government’s proposals. At the end of last year he was asked by The Guardian whether he agreed with anything the Justice Secretary had said on criminal justice, and his answer was no.

[Sadiq Khan]

I am happy to set out a timeline of when I have and when I have not agreed with the Lord Chancellor. He and I often comment on the fact that we agree on many issues, but I have said all along that I disagree with this particular proposal. I will discuss the timelines shortly, however.

[Margot James (Stourbridge) (Con)]

Is not another reason for the dramatic overcrowding of our prisons that the current Government inherited the fact that more than 50% of the prisoners given indeterminate sentences—6,000 in total—served longer than the sentence they were given? Is this not another example, at the other end of the sentencing spectrum from the early release scheme, of the chaos we inherited with regard to sentencing policy?

[Sadiq Khan]

On the one hand we are criticised for prisoners who have been properly checked being released on licence 18 days before their sentence is completed, but on the other it is suggested that people who have been proved to be a danger to the public and are serving indeterminate sentences should be released prematurely to save money, rather than there being proper checks and balances. At present, IPPs—imprisonment for public protection sentences—are imposed on all prisoners convicted of rape offences and all sentences of four years and more. Under the new proposals, the Government are considering changing the regime so that only those sentenced to 10 years or more will receive an IPP sentence. That will be a genuine source of concern to the public throughout the country.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

rose—

[Sajid Javid (Bromsgrove) (Con)]

rose—

[Sadiq Khan]

If the hon. Gentleman does not mind, I shall give way to a Member on the Opposition Benches.

[Steve McCabe]

Why do we not arrange for all the interventions planted by the Government Whips to be read out at once, so that my right hon. Friend can get on with his speech and we can get on with the debate?

[Sadiq Khan]

When I was a Whip, the quality of interventions was a lot better than it is today.

[Mr Burrowes]

I want to help the shadow Justice Secretary, so I should not be accused of pure opportunism. Does he think it is acceptable that a convicted rapist with a third off their sentence for plea could be released after 20 months: yes or no?

[Sadiq Khan]

I take it from the hon. Gentleman’s question that he will support our motion when it is put to the vote at 7.15 pm.

[Mr Burrowes]

rose—

[Sadiq Khan]

I have been generous in giving way. The hon. Gentleman can have a third bite at the cherry after I have made some progress.

[Charlie Elphicke]

rose—

[Sadiq Khan]

Let me make some progress.

[Richard Graham]

rose—

[Sadiq Khan]

I promise to give way to the hon. Gentleman after I have made some progress.

The consultation period ended on 4 March, so there is no more time for the public to have their say, and it appears that experts and stakeholders who voiced their opposition have been ignored. Last Tuesday morning, the Cabinet Sub-Committee signed off the policy, and last Tuesday afternoon my right hon. Friend the Member for Blackburn (Mr Straw) asked in Justice questions how giving half off a sentence would help to protect the public. The Under-Secretary of State for Justice, the hon. Member for Reigate (Mr Blunt) replied. He did not say the proposal was still under consultation, or that it was being considered only for non-violent, non-serious or non-sexual offences. He said:

“I would have thought that a moment’s reflection would make that clear. Let us suppose that someone who is accused of rape co-operates with the authorities…That is one example where there is a definitive benefit”.—[Official Report, 17 May 2011; Vol. 528, c. 140.]

By the bye, when the Lord Chancellor seeks to blame others for trying to introduce “sexual excitement” into the debate, he should look not at journalists or Labour Members, but at his Front-Bench team.

If there was any doubt that this Government had already made up their mind about this policy, the Lord Chancellor’s answer to my question in last Tuesday’s Justice questions made the position clear. When I pleaded with him to reconsider this proposal, praying in aid not just the Labour party, but judges, victims’ groups and the Government’s own victims commissioner, he said that it would “survive” the consultation.

[Sajid Javid]

rose—

[Sadiq Khan]

I will give way to the hon. Gentleman, who has not spoken yet.

[Sajid Javid]

The right hon. Gentleman is sharing with us his concerns for victims of crime, but his party introduced the Human Rights Act 1998. Just last year alone, more than 200 foreign criminals, including many convicted killers, could not be deported as a direct result of that Act, so would he like to take this opportunity to apologise to the House for putting the rights of criminals before those of victims?

[Sadiq Khan]

I am delivering a speech in two weeks on the human rights law and I will send the hon. Gentleman a copy of it, detailing all the victims who have benefited from the Human Rights Act over the past few years.

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

The right hon. Gentleman mentioned the answer given to the right hon. Member for Blackburn (Mr Straw) in last week’s questions. What would be the Opposition’s attitude had the example of fraud been given? Would we have had all this “bandwaggoning” then?

[Sadiq Khan]

The hon. Gentleman, who knows this area very well, will know that the proposals, which we know have been approved, are for all crimes. If they had been for classes of crime, we could have had a debate about whether or not crime A was in the right category, but this discount of a maximum of 50% is to apply in respect of all crimes. He is right to raise the issue of a broad-brush approach being taken to save money.

[Richard Graham]

Will the right hon. Gentleman give way?

--- Later in debate ---

[Sadiq Khan]

I will, because the hon. Gentleman has been trying to get in.

[Richard Graham]

The shadow Justice Secretary said earlier that he had not quite followed my point, so I will give him a second chance to answer it. The proposal I put to him was that between 2007 and 2010 his party released more than 80,000 prisoners early, 16,000 of whom had committed violent crimes—that figure of more than 80,000 is equivalent to the entire current prison population. So before he and his party get too pious about their track record, will he confirm whether these facts are true or not?

[Sadiq Khan]

It is a fact that the previous Government released prisoners 18 days early once they had been through the hoops. However, violent criminals, people on the sexual offenders list and people accused of terrorist offences were not released early, and these people were released a maximum of 18 days early and on licence. The hon. Gentleman will also know that on four occasions during the previous Conservative Government prisoners were released early without the checks and balances that we conducted.

[Richard Graham]

rose—

[Sadiq Khan]

I think that I have dealt with the hon. Gentleman’s point on more than one occasion and I want to make some progress.

We also know that the Government had originally scheduled tomorrow—the last day before recess—to be the day on which they published their response to the Green Paper. So when the Prime Minister says at Prime Minister’s questions that this is only a consultation, when No. 10 says that the Ministry of Justice is merely “flying a kite” and when we are told that this is not an across the board reduction in sentence, we know that that is not the case.

I wish to spend some time talking about why Labour Members believe that the whole House should support our motion and reject this policy. The Green Paper, the Under-Secretary of State for Justice, the hon. Member for Reigate, in last week’s Justice questions, and the Lord Chancellor, on BBC’s “Question Time”, have all said that the maximum 50% discount would apply to all crimes. So it will apply to grievous bodily harm, attempted murder, rape, burglary, muggings, death by dangerous driving and all the other crimes that we can all think of that have such a miserable impact on communities up and down the country. Let us consider the impact of the proposals on some sentences. A convicted rape offender could be back on the streets after only 15 months. Someone convicted of causing actual bodily harm where the assault is premeditated and it results in relatively serious injury could end up serving three months in prison. Criminals convicted of burglary when the occupier is at home could serve as little as 10 weeks in prison. In the case of very serious crimes, where sentences are longer, the additional 17% rise in the discount might have the greatest impact. In such circumstances, an additional 17% translates into reductions of years.

[Michael Ellis (Northampton North) (Con)]

The right hon. Gentleman is talking about figures, but does he accept, as regards the figures already mentioned by Government Members—the 80,000 prisoners and the 16,000 prisoners who committed violent crimes who were released early under the Labour Government over 13 years—that 181 of those released early committed violent offences including three murders and six sexual offences? Does he accept those figures?

[Sadiq Khan]

My hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) commented on the efficiency of the Conservative Whips and I can see that the Lord Chancellor’s Parliamentary Private Secretary is also very effective. I have not seen the note that the hon. Member for Northampton North (Michael Ellis) has been passed by the Lord Chancellor’s PPS, but if he will discuss it with me afterwards I can check whether it is accurate.

It is not just us who think this policy is wrong. The Sentencing Council, the body charged with offering expert advice on such issues, states that

“in other common law jurisdictions the largest discount on offer is around a third, with some offering up to 35%. To date no jurisdictions have been identified where the discount is significantly higher than this”.

It goes on to point out:

“The Council has not identified any research to date that indicates that an increase in the level of the discount would be likely to increase the volume of early guilty pleas.”

The only evidence we have seen shows how much money will be saved, and cost is once again being put above good justice.

[Rehman Chishti (Gillingham and Rainham) (Con)]

May I ask the shadow Secretary of State to clarify? Does he agree with the leader of his party, who said:

“Tougher prison sentences aren’t always the answer”?

When are they appropriate and when are they not? What does the leader of his party mean?

[Sadiq Khan]

I can tell the hon. Gentleman exactly what the leader of my party believes. He thinks that it is inappropriate and offensive both to victims and our criminal justice system if all offenders are given a discount of up to 50% for pleading guilty at the earliest opportunity.

Further evidence that the Government are out of touch is provided by their Commissioner for Victims and Witnesses, Louise Casey, who has argued:

“A discount of 50% offends many victims, underplays the harm that may have been caused…and can seem to be placing administrative efficiency over justice.”

Campaign groups such as Justice and the Criminal Justice Alliance also oppose the policy. The judiciary have also been critical. Lord Justice Thomas, vice-president of the Queen’s bench division, and Lord Justice Goldring, senior presiding judge for England and Wales, have said that halving sentences because of guilty pleas will fail to reflect the seriousness of offences.

The Government’s policy on law and order is a mess. They just do not get it. Before the election, the Prime Minister made promise after promise to get elected. He promised to protect front-line services and he is now cutting 14,000 prison and probation staff. His Government are also cutting front-line police, which we will debate later this evening, and 23 specialist domestic violence courts are being closed. They promised a prison sentence for anyone caught in possession of a knife—that promise was broken. They promised honesty in sentencing and that they would introduce minimum and maximum sentences—those promises were broken.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

What did the right hon. Gentleman’s party leader mean when he said:

“When Ken Clarke says we need to look at short sentences because of high re-offending rates, I’m not going to say he’s soft on crime”?

Has that gone by the board?

[Sadiq Khan]

If only the Justice Secretary was investing in alternatives to short sentences and in some of the important, aggressive and intensive work that is required instead of cutting some of those services around the country. I hasten to add that the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) has voted for some of those cuts. When the Justice Secretary talks about rehabilitation and community sentences—real alternatives—he should invest in them, too.

[Charlie Elphicke]

The shadow Secretary of State is talking tough on sentencing, but

“playing tough in order not to look soft makes it harder to focus on what is effective.”

Surely rehabilitation and education are the things that this House should be debating, not plea bargaining, as they will make the difference.

[Sadiq Khan]

The hon. Gentleman is right to talk about the importance of dealing with some of the real problems of those who commit offences and are found guilty, and I am all in favour of aggressive intervention within prison—and outside it for non-violent offenders. The problem is that the Justice Secretary, by accepting the 20% cut to his budget, is taking away some of the resources and skills that are required, especially with possibly 14,000 probation and prison staff losing their jobs. That expertise, skill and experience is being lost, arguably, when it is most required.

I have said on many occasions—this has been prayed against me this afternoon—at the Dispatch Box, to the Justice Secretary directly and in the media that I am happy to work with the Government and the Lord Chancellor to make changes in our criminal justice system to help reduce reoffending, cut crime and make our communities safer, based on what works where evidence shows its effectiveness, but nothing in the plans will reduce reoffending or do justice. They are a recipe for disaster and they confirm how out of touch the Government are with the real world.

I do not want this debate to descend into one about whether people are tough on crime or soft on crime. It is about what works and what is the right thing to do. It is about understanding how our criminal justice system has the full confidence of victims, the families of victims, the judiciary and the general public, all of whom are integral to its effectiveness. It is about understanding the value of justice and about willingness to pay the right price for it. I ask colleagues on both sides of the Chamber to think very carefully about this when voting on the motion.

--- Later in debate ---

[Mr Clarke]

I do not agree with that. It is not evidence; there are a variety of opinions. However, it is a perfectly good question. We have got down to the fact—I can be precise—that the difference appears to be 17%. That is what we are arguing about. I do not think that anybody in this House has any principled difference whatever on the policy.

The present system is not working effectively, so we have gone out to consultation on proposals that might improve the encouragement offered to people to plead guilty earlier. In over 10,000 cases listed, the trial stops right at the courtroom door; judge, jury, victims, police officers, probation officers are all amassed for a full trial, and then at the last minute the person pleads guilty. Those long delays are wrong, not only because of the cost to the police and the waste of time of everybody attending for any purpose connected with the trial, but because victims and serious witnesses have to endure the uncertainty of it all as they prepare for the ordeal of reliving the trauma of what are sometimes very harrowing experiences.

I hope that the right hon. Member for Tooting will forgive me for saying that saving a bit of cost to the police, the Crown Prosecution Service, Her Majesty’s Courts and Tribunals Service and the public purse might be advantageous, although I know that it was not new Labour’s approach. If we could get more of those involved in these cases to plead guilty earlier, an awful lot of victims would feel that they have been better treated by the system.

[Sadiq Khan]

The right hon. and learned Gentleman has enthusiastically set out the case for why he believes an increase in the discount of up to 50% should be carried through. Does the Prime Minister agree with him?

[Mr Clarke]

This was an entirely collectively agreed policy on which we went out and consulted, so the answer is yes, of course. The Prime Minister runs a scrupulously collective Government, and I am an extremely loyal Minister much used to collective Government. I do not think the right hon. Gentleman has much experience of collective Government, but I commend the system to him—and to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who was of course fiercely embattled on one side in the previous Government.

We agreed that this was a reasonable proposition on which to consult because, as I said, the system that we inherited is not achieving the benefits that the previous Government presumably thought it might achieve when they set it up.

[Sadiq Khan]

I thank the right hon. and learned Gentleman for generously allowing me a second bite of the cherry. He has correctly said that the Prime Minister signed up to the consultation, which ended on 4 March this year. He talked about collective responsibility. Can he confirm that last Tuesday morning the Cabinet Committee signed off on this proposal?

[Mr Clarke]

Even in a collective Government, one does not analyse what happens in Cabinet Committees before coming to one’s final conclusions. I am not going to disclose the contents of the Cabinet Committee’s proceedings for at least 20 years. The right hon. Gentleman will not be surprised to know that we do go to Cabinet Committees, but we have not yet finished our consultation process. [Interruption.] He is persisting, so let me repeat what I asked earlier: how many days ago did he and the Leader of the Opposition decide that they were going to run with this? Was it by any chance connected with the slight flurry of excitement in the media at the end of last week? He and his party, and his Front-Bench team, have not had a policy on this or any other subject to do with criminal justice for the past nine months. Let him study the processes that this Government follow, and no doubt they will guide him if ever he is lucky enough to get into great office.

The current system does not get enough early pleas and is a complete waste of resources. The police, the Crown Prosecution Service and others in the legal system use up millions of hours preparing cases that never make it beyond the door of the courtroom. That has to be changed. The Director of Public Prosecutions, Keir Starmer, has called for

“a reorientation of our approach so that guilty plea cases can be dealt with as swiftly as possible, leaving us to devote our valuable time and resources to cases that really require them. That way we may just begin to tackle the delays that still bedevil criminal justice.”

We are still considering the responses to our Green Paper proposals to increase the maximum discount for the very earliest pleas to one half, and to then have a taper, to encourage the earliest plea and disincentivise the late plea. We received many calm and reasoned responses over many months. There was no loud opposition at all to the principle of the proposal until last week. The rush for this debate is slightly pathetic and slightly comic. I do not know where it came from. I have a feeling that the Leader of the Opposition, not yet having decided what he was for, was wandering the streets looking for a passing bandwagon and prodded the right hon. Member for Tooting into putting down a motion.

Some people are claiming that the proposal is simply to reduce the sentences available for criminals, and that is worrying some of my colleagues. As I began by emphasising, it is no part of our reforms to reduce sentences, the protection of the public or the punishment for serious crime. That is not what the Government or I are about. In response, I say very clearly that judges will continue to have discretion in setting the appropriate sentence in individual cases. I will not shorten the length of sentences available to them in any kind of criminal case. I do not think that the Opposition contest the principle, as has been emphasised. I do not understand the argument that they would be in favour of my reforms if they were not combined with saving public expenditure. That is not a compelling point. Reforms to the efficiency and effectiveness of the system are required.

Oral Answers to Questions

Sadiq Khan Excerpts

Tuesday 17th May 2011 Commons Chamber

[Mr Clarke]

I do not think any of us know whether the number is increasing. As far as I am aware, there have been two super-injunctions since the John Terry case, but the word “super-injunction” gets used very widely. I realise there is increasing concern, however. I personally have strong views on the secrecy of justice. We have a tradition of open justice in this country. Plainly, I believe in the freedom of the press and freedom of speech in this country, even when it is sometimes exercised provocatively, as it is supposed to be in a free country, but there are also areas where an individual is entitled to have their privacy protected. The time is certainly coming when the Government are going to have to look at this matter, although we will probably wait until we have had the report of the Master of the Rolls, who is looking rather more closely at the procedural aspects.

[Sadiq Khan (Tooting) (Lab)]

The Lord Chancellor is right to remind us that it is important that we get the balance right between freedom of speech and an individual’s right to privacy, but he will be aware of the public disquiet about the use of the anonymity injunction or super-injunction, both in terms of its abuse—or alleged abuse—and its circumvention, for example by the use of Twitter. As he has said, the current situation is not satisfactory, but the Master of the Rolls is simply looking at the process, rather than the substance. What does the Lord Chancellor intend to do about that, so as to provide leadership on this issue?

[Mr Clarke]

First, I agree that the Master of the Rolls is looking at process, and I am sure what he says will be very valuable. As I have said, we will wait until he reports back before starting to take a proper look at the issue, but I think the Government will now have to study it and decide whether there is a case for intervening. There will never be unanimity on all these judgments, precisely because it is so difficult to balance the competing parts of the convention on human rights and the competing interests involved. There have been cases where we have certainly needed to know—such as where people are disposing of waste material by dumping it off the coast of Africa. That is easy in one direction, but in the other, every time I watch a football team I do not think I necessarily need to know about the sex life of each of the players.

[Sadiq Khan]

As is often the case, I find myself agreeing to a large extent with what the Lord Chancellor says, but let me say this. Super-injunctions are not granted by European judges using European law; they are granted by British judges using British law, and Parliament has supremacy over that law and those judges. If clarity and guidance is required and suitable, and bearing in mind the fact that we have the draft Defamation Bill and the forthcoming justice Bill, why does he not just say that he will use those vehicles to provide clarity and guidance?

[Mr Clarke]

We will consider these matters, and it is probably right that Parliament passing a privacy Act might well be the best way of resolving the issue, but we need to get somewhat nearer a consensus and to know exactly how we are trying to strike the balance before something is submitted for the judgment of Parliament. We may well not have to wait until the end of a long, controversial process such as that, and instead find some other way of tackling the issue, but we are considering it and we will come back with proposals in due course. If there were debate on a privacy Bill, there would be an interesting range of opinions even in Parliament, but I have not met many people yet who seem to have the perfect answer as to how to get the balance right.

--- Later in debate ---

[Mr Clarke]

I have not seen that case, but I agree that it sounds like a rather sweeping interpretation of the right to family life, which is what the European convention confirms. If my hon. Friend will let me have the details, I will inquire into the case to see how it reached such a startling conclusion. It is possible that the report that he read, in whichever newspaper he read it, did not bear a very close resemblance to what actually occurred.

[Sadiq Khan (Tooting) (Lab)]

The Lord Chancellor has announced plans—this was raised by the previous Lord Chancellor—to reduce by half the sentence for an offender if he or she pleads guilty. In a remarkably flippant response, his junior Minister, the Under-Secretary of State for Justice, the hon. Member for Reigate (Mr Blunt), asked us to pause and reflect on the thoughts and views of a victim of rape. It is not only Labour MPs who think this is nonsense, nor only judges or victims groups: the Lord Chancellor’s own Commissioner for Victims and Witnesses says that it is bonkers. Will the right hon. and learned Gentleman reconsider?

[Mr Clarke]

We are going to give the outcome of our consultation shortly, but I think that that proposal is likely to survive. The fact is that we have always had a reduced tariff for early guilty pleas in this country. It always startles the public when they discover that this has underlined our sentencing policy for many years. It is true that we are thinking of putting up the reduction to a half. It makes an enormous difference to costs, police time and the involvement of unnecessary preparations for trial if everybody leaves guilty pleas to the last possible moment. As my hon. Friend the Under-Secretary rightly said, victims and witnesses are put through an ordeal if they are preparing for a trial where they expect to be accused of lying because the man has not been induced to plead at an early enough stage. Those are the considerations that lay behind this proposal.

Prisons Competition

Sadiq Khan Excerpts

Thursday 31st March 2011 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

With permission, Mr Speaker, I should like to make a statement.

The House will be aware that in 2009 my predecessor announced a competition for the management of five prisons: Her Majesty’s prisons at Birmingham, Buckley Hall in Rochdale, Doncaster and Wellingborough, and the new prison, currently called Featherstone 2, near Wolverhampton, which is due to open in 2012. I am now able to announce the results of that competition process.

Let me remind the House that these prisons were selected by the right hon. Member for Blackburn (Mr Straw) for a variety of reasons. Birmingham and Wellingborough are currently managed by the public sector and were chosen after being identified by the National Offender Management Service as performing poorly. Buckley Hall and Doncaster are establishments that have been previously competed for and their contract is due for renewal. Buckley Hall is currently managed by the public sector and Doncaster is currently managed by Serco.

During the preparations for the bid it became apparent that competition could not produce improvements at HMP Wellingborough without significant capital investment to secure its long-term viability. In the current financial climate, this is clearly not a tenable proposition, so I took the decision to remove it from the competition process. HMP Wellingborough will continue to be managed by the public sector, and will need to deliver approximately 10% efficiency savings, in line with other public sector prisons, over the next four years.

I am now able to announce the results of the four remaining prison competitions. HMP Birmingham will be run by G4S plc. HMP Buckley Hall will be run by HM Prison Service. HMP Doncaster will be run by Serco Group plc. Featherstone 2 will be run by G4S plc. The new contracts will be effective from October 2011 for the prisons at Birmingham, Buckley Hall and Doncaster, and from April 2012 for Featherstone 2. I would like to put on record my thanks to all the bidders for contributing to what has been a challenging contest, which will secure significant quality improvements and savings at all the establishments involved.

The Government are committed to delivering reform in our public services. This process shows that competition can deliver innovation, efficiency and better value for money for the taxpayer, but also that it can do so without compromising standards. Before the bids were evaluated for anything else, they needed to demonstrate their fundamental ability to provide safe and secure custodial services. I can confirm that over the spending review period the new contracts will deliver savings of over £21 million for the three existing prisons. In the same period, the new Featherstone 2 prison will be delivered at £31 million less than the costs originally approved by the previous Government. Cumulative savings over the lifetime of the contracts for the three existing prisons are a very impressive £216 million.

But public protection is not just about how we manage prisons in order to punish people. It is also about how we achieve genuine and long-lasting reductions in crime by cutting reoffending. I am therefore particularly pleased to be able to announce that, for the first time, the contract award for HMP Doncaster will include an element of payment by results in reducing reoffending. Payment by results is central to our rehabilitation reform plans, because it means that we can concentrate on paying for what works to reduce reoffending. The current system funds services, but not outcomes. Providers of services face few consequences if what they offer does not succeed in cutting reoffending, and little reward if they do succeed in cutting reoffending. Payment by results looks to change this by rewarding performance against the outcomes specified in a contract. In the Green Paper I outlined plans to develop this policy further and commission at least six new pilots for payment by results. The contract for HMP Doncaster is an important first step towards fulfilling this commitment.

The new contract price for HMP Doncaster will in itself deliver significant annual savings. In addition, however, the introduction of payment by results means that 10% of the contract price will be payable only if the operator reduces the reconviction rates of offenders a year after they are discharged from the prison by five percentage points. If they achieve this, the contract will, of course, have significantly reduced crime, and for a cost of at least £1 million below what we currently pay. I regard this as a win-win approach. It translates to savings for the taxpayer, lower reoffending rates and a return for the service provider that improves their performance.

I know that Members on both sides of the House recognise the benefits of effective competition—at least I hope they still do. Today’s announcement shows it has a significant role to play in delivering value for money, better outcomes and broader reform. I encourage providers from any sector to rise to the challenge. The public are entitled to expect safety and security and better results to go hand in hand with efficiency and innovation. I commend this statement to the House.

[Sadiq Khan (Tooting) (Lab)]

I thank the Secretary of State for advance sight of today’s statement, and I welcome its tenor and how he delivered it. He will be aware that our policy was and is based on what works, rather than dogma. During our time in government, nine new private sector prisons were provided and three new establishments had been opened and run by the public sector, and I recognise that they have played a successful role in our prison system. It is right that we began the market testing that he is reporting on today.

I wish to ask the Justice Secretary a number of questions arising from his statement. First, he refers to the fact that during the bid preparations it became apparent that competition could not produce improvements at HMP Wellingborough without significant capital investment, so may I ask him what plans he has for such investment at Wellingborough prison? How much will be invested, and over what period? Does he understand the frustration of hard-working prison officers and other staff working in public sector prisons that need capital investment when they are compared with prison officers and other staff in newly built or refurbished private prisons? Can he confirm that the decisions on the Birmingham and Doncaster prisons are no reflection on the hard work of prison officers and staff there?

May I echo the Justice Secretary’s comments about the importance of delivering efficiency, innovation and better value for money for the taxpayer without compromising standards? Indeed, he has referred to the £216 million that will be saved as a consequence of this process, which was begun by the Labour Government. Does he therefore accept that the savings he is now championing are actually the fruits of the previous Government’s attempts to improve the efficiency of the Prison Service? Can he confirm that he will reinvest that money in the Prison Service?

The Justice Secretary’s announcement on payment by results is interesting and welcome. He will be aware that we began piloting payment by results in Peterborough, where we were trying to reduce reoffending. However, that is a pilot scheme and we recognised that lessons would need to be learnt before any full roll-out. What lessons have already been learnt from the yet to be completed Peterborough pilot? Can he confirm that Doncaster is a pilot and he will wait to see the results before the approach is rolled out further? His statement referred to the criteria for payment by results. He will be aware that 20% of offenders reoffend within three months of leaving prison and that 43% do so within a year, so will he explain further the criteria by which he will judge “if the operator reduces the reconviction rates of offenders a year after they are discharged from the prison by five percentage points”?

Finally, I wish to ask the right hon. and learned Gentleman about the workers in the prisons that he listed. Staff at HMP Birmingham and HMP Doncaster will understandably be worried about their future in these uncertain times. Does he anticipate any redundancies as a result of his decision? Can he confirm to the House that public sector terms and conditions will be protected under Transfer of Undertakings (Protection of Employment) Regulations arrangements? In addition, he will doubtless have seen the newspaper reports of contingency planning by his Department to deal with any industrial action that might result from his announcement. We have read that troops have been put on alert. Will he confirm whether that is the case? May I ask what discussions he or his Prisons Minister have had with the Prison Officers Association and others who represent prison staff? Does he agree that it is crucial that he and/or his Prisons Minister should meet the appropriate representatives today and begin a dialogue to avoid the sort of speculation reported in the media from becoming a reality?

[Mr Clarke]

I am grateful to the right hon. Gentleman, because I was interested to see whether the Labour party was in the position that I thought it was going to be in, and I am reassured by what he said. As he said, putting competition into the system in order to ensure the best standards at the lowest cost to the taxpayer is a continuous policy, and things have moved on an awful long way since I was Home Secretary 20 years ago, when privately managed prisons were a highly controversial subject. We got the first one under way at Wolds, but under Blairism the policy was taken a whole lot further, with all the private finance initiative prisons. As I readily acknowledge, the right hon. Member for Blackburn (Mr Straw) started this tendering process, which we have taken to what I believe to be this successful conclusion. It must be in the public interest and it must be right—I readily acknowledge what the right hon. Member for Tooting (Sadiq Khan) just said—that we leave aside stale ideology and dogma, and instead look at what works and what produces the right solutions for the public.

We have problems with the building at HMP Wellingborough. It is not a terribly old building—as I recall, it is largely a 1960s construction—but we are under notice that something has to be done about it and it cannot just carry on as it is. The building is not going to be adequate for very much longer. We are considering what to do about HMP Wellingborough. Its staff are responding very well to the problems that they face, but I hope to be able to come back soon to announce what will happen at Wellingborough.

The contract for Birmingham prison is now going to G4S. I acknowledge that the staff at Birmingham have made considerable efforts and that they put in a good public sector bid as part of the tendering process, but the fact is that that process is objective and the private sector bid was just better, and somewhat less costly. On the right hon. Gentleman’s later comments, the National Offender Management Service will, of course, have high regard to the interests of the staff at Birmingham. A new prison is opening not far away, which may offer some opportunities, but we will give all the appropriate support and hope to avoid an unnecessary number of redundancies.

Payment by results was indeed initiated at Peterborough by the previous Government, and we strongly support that worthwhile experiment. The only political claim that I would make is that I believe the previous Government responded to the policies suggested by the then Conservative Opposition in advocating payment by results. We suffered the fate that often happens to Opposition parties—I hope that this will happen to the right hon. Gentleman, too—of putting forward good ideas which then get stolen by the Ministers in power. However, at least we are at one on this policy.

The Doncaster scheme is another pilot. For the first time, the prison operator is entering into having a payment by results element in the contract; the operator will get extra reward if it succeeds, but it will share the risk with the Government, and will lose if it does not succeed. Five percentage points is what has been negotiated—a somewhat impenetrable figure. It means five percentage points down from the current percentage, so an 8.3% reduction from the current reoffending rate would be required for the operator to be paid.

It is indeed true that we have undertaken contingency planning in case we get the wrong sort of reaction to today’s announcement, although of course we very much hope that we shall not, because industrial action will be no more in the interests of prison officers than it is in the interests of anyone else. Contingency planning for disorder in prisons has always been done, as it has to be. It has been done for as long as I can remember, although I think the previous Government suspended it when they reintroduced the criminal law making it illegal to strike in prisons. They carried out an experiment when they lifted the legal ban, but they had a very bad strike in 2007, and put it back again. We have been bringing the contingency planning up to date, but we very much hope that that is a mere precaution. In the interests of public order, we have to ensure that we are prepared in case anything goes wrong in a major prison, but we very much hope not to have to put any of this into effect. We have had discussions with the Prison Officers Association and we are open to further such discussions, and we hope to be able to answer its legitimate queries in any way that we can.

Reforming Civil Justice

Sadiq Khan Excerpts

Tuesday 29th March 2011 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

With permission, Mr Speaker, I wish to make a statement. I have today laid before Parliament two documents—the Government’s response to our recent consultation on Lord Justice Jackson’s recommendations for reforming no win, no fee arrangements, and a fresh consultation document on proposals further to overhaul the civil justice system. Copies of both documents will be available in the Vote Office and on the Ministry of Justice website. I hope to bring forward legislation on the Jackson reforms as soon as parliamentary time allows.

To many people in this country, the prospect of legal action is an expensive, daunting nightmare. One of the worst features of our compensation culture is that our justice system has increasingly become closed to vast rafts of the ordinary public by legal costs out of all proportion to the dispute or the claim. The proposals that I am announcing today will, I hope, begin to restore proportion and confidence in our system of justice, for both claimants and defendants.

First, following careful consideration of the consultation responses, I have decided to reform no win, no fee arrangements to stop the perverse situation in which fear of excess costs sometimes forces defendants to settle, even when they know they are in the right.

I can therefore announce that the Government will seek legislation to return the no win, no fee system to the first principles on which it was set up. We plan to end the recoverability of success fees and insurance premiums that drive legal costs; to award claimants a 10% uplift in general damages where they have suffered loss; and to ensure that they take an interest in controlling the bills being run up on their behalf by expecting them to pay their own lawyers’ success fee. We will also bring forward our plans to encourage parties to make and accept reasonable offers, to protect the majority of personal injury claimants from paying a winning defendant’s costs, and to allow claimants to recover the cost of expert reports in clinical negligence cases.

I am also publishing a consultation paper that I believe paves the way for the more efficient and effective delivery of civil justice after 15 years of stagnation. The current system is slow, stressful and expensive, and change is long overdue. My aim is to help people to avoid court wherever possible, while reducing costs where that is unavoidable. We are proposing that small-value cases should automatically be referred to mediation so that many people are able to avoid the experience of court entirely; and that the maximum value for small claims be raised from £5,000 to £15,000 to enable more cases to be heard through the simple small claims process rather than a more costly, complicated trial.

We are also proposing: to increase the value below which claims cannot be brought in the High Court to £100,000 so that the county court jurisdiction is extended and the High Court is reserved for only genuinely complex or high-value cases; new measures that will improve the ability of courts to tackle those who evade payment of their debts even though they have the means to do so, while ensuring that those who cannot pay continue to be protected, for example by setting a minimum level of consumer debt at which property could be put at risk for non-payment; and the extension of a successful online system to cut waiting times and legal expenses in personal injury cases, as recommended by my noble Friend Lord Young of Graffham.

We have a duty to deliver a civil justice system that is more equitable, accessible and just. Resorting to the law need not be the long, drawn-out and expensive nightmare that so many people experience today, but could become a sensible and affordable way of resolving disputes in a proportionate manner. I believe these reforms, on which we are now consulting, will help to restore those fundamental values of proportion and fairness in our civil justice system, and I commend this statement to the House.

[Sadiq Khan (Tooting) (Lab)]

I thank the Secretary of State for his usual courtesies and advance sight of his statement, which, on face value, is difficult to disagree with. We accept that the issue of costs in civil proceedings is worth investigating, and did so in government. I note that my right hon. Friend the Member for Blackburn (Mr Straw) is in his place. Those suffering injury through the negligence of public and private bodies who cannot afford to fund actions privately must have recourse to the civil justice system. There is a fear, however, that these plans go so far in trying to keep down costs that some claimants with meritorious cases will find it difficult, if not impossible, to find a lawyer to take on their case.

I am afraid that the devil will be in the detail of today’s announcement. I have a number of questions for the Justice Secretary that I hope will tease out some of the detail. He referred to the Lord Justice Jackson report to justify his announcement. However, has he taken into account Lord Justice Jackson’s view that his proposals are a package and should not be subject to cherry-picking, and will he take into account Lord Justice Jackson’s desire to retain civil legal aid for criminal negligence and housing cases currently under threat from the Government?

The Justice Secretary proposes that claimants’ solicitors will be able to recover up to 25% of their costs from the damages that a claimant recovers. He will be aware that the increase in compensation from defendants to claimants will be only 10%, not 25%, and will apply only to general damages, not to total damages. Why should someone who has suffered the trauma of an injury at work be told that the money they have justly received as compensation will go to their lawyer?

Has the Justice Secretary had a chance to assess the road traffic accident portal scheme, which was introduced by the last Government to reduce costs? The scheme uses fixed fees and efficient processing to limit costs, and came into force in March last year. Does he accept that it has reduced costs by half in 75% of personal injury cases? Does he agree that expanding the scheme to personal injury claims would save costs?

The Government have said that one aim of the reform is to reduce the costs that defendants have to pay. Many defendants are insurance companies. In light of that, can the Justice Secretary say what reductions he expects in insurance premiums? Can he confirm whether an impact assessment has been conducted on how the changes affect access to justice, cost to defendants and reductions to insurance premiums? Is he concerned that, although there will be limitations on a claimant’s ability to bring a case and the costs incurred by their solicitors, there will be no such controls on a defendant in defending a case, raising concerns about the inequality between the two sides?

Finally, a fundamental principle of our justice system is proper access to justice. I agree with the previous Government, who agreed with senior judges such as the Lord Chief Justice, Lord Judge, as well as Lord Justice Jackson and others, that the costs of civil litigation were sometimes excessive. We would all like the costs of litigation to be reduced and alternatives to it found wherever possible, but the effect of the proposals could be to restrict access to justice, particularly for those who do not have their own means of funding. It will be on this key issue that we will hold the Government’s actions to account.

[Mr Clarke]

I welcome the right hon. Gentleman’s agreement with me on the importance of tackling cost. He has focused principally on the conclusions that I have announced today of the Government’s consideration of the consultation on Rupert Jackson’s proposals, which I accept were initiated by my predecessor, the right hon. Member for Blackburn (Mr Straw), under the previous Government. We are trying to get the cost of litigation down.

The right hon. Gentleman talks about access to claims. We are going back to no win, no fee arrangements of the kind that existed when they were first set up by my noble Friend Lord Mackay in the mid-1990s. It was the changes made at the turn of the century that led to the cost escalating to such an extraordinary extent. Among other things, in many cases the legal fees paid by a losing defendant now far exceed the damages paid to the claimant. Indeed, it can be an extremely profitable area of practice if people have some successes. We will keep no win, no fee on the basis of the kind of arrangements we used to have—the kind that are familiar in most jurisdictions. The arrangements that we are proposing to sweep away are unparalleled in any other country and are making litigation too expensive for those faced with it.

The right hon. Gentleman then asked about the cost that can be borne by the plaintiff out of his damages. As he quite rightly said, the 10% enhancement to the level of damages that can be awarded is designed to help plaintiffs and claimants, but it will be confined to general damages, otherwise the figure could be astronomical in some cases. However, the costs that can be recovered—the success fee or bonus paid to a solicitor who has won a case—will be limited to 25%, so they will be kept in proportion.

The right hon. Gentleman mentioned the road traffic accident portal scheme, which has certainly speeded up and helped many personal injury cases. We are indeed proposing to extend the scheme to other personal injury cases, as he suggested.

The right hon. Gentleman asked me what would happen to insurance premiums. The answer, of course, is in the hands of the insurance industry and the competitive market in which it works. We all think, “Oh well, it doesn’t matter: it’s only the insurance company that is paying colossal legal fees”—on top of damages—“in no win, no fee cases,” but that could be one explanation for why car insurance costs have leapt to such an extraordinary extent in this country. I hope to see insurance premiums come down.

Impact assessments were produced at an earlier stage, after Sir Rupert had received wide representations from all sides. We have taken quite a long time getting to this point, and we are pretty clear on what the impact will be. On balance, I think it will be highly desirable. [Interruption.] I cannot read my notes on the last question that the right hon. Gentleman asked.

[Sadiq Khan]

It was about cherry-picking, and clinical negligence and housing cases.

[Mr Clarke]

Yes, the right hon. Gentleman raised an important point about clinical negligence cases, which can be very expensive to start. We are therefore making an exception in regard to the non-recoverability of insurance premiums. We will allow the recoverability of such premiums when they are used to cover the cost of expert evidence in clinical negligence cases. We are, however, working with the NHS Litigation Authority with a view to getting the NHS and other defendants to co-operate with claimants to produce joint medical reports. That should narrow the dispute and cut the costs for all parties, making justice more easily attained.

Oral Answers to Questions

Sadiq Khan Excerpts

Tuesday 29th March 2011 Commons Chamber

[Mr Speaker]

Order. I am sorry, but on several occasions I have had to say to the hon. Member for North West Leicestershire (Andrew Bridgen) that questions must be about the policy of this Government, not a previous Government. I think we will leave it there. I call Lorraine Fullbrook.

[Sadiq Khan (Tooting) (Lab)]

rose—

[Mr Speaker]

I beg the right hon. Gentleman’s pardon. In dealing with that matter, I failed to allow him to make his contribution from the Opposition Front Bench, as he is, of course, entitled to do.

[Sadiq Khan]

I have a question for this Government. Given that the prison population is rising—it was 82,991 on 7 January and last week it stood at 85,454—and that, at the same time, this Government are closing prisons and slashing the prison building programme, what is the Minister going to do if the number of people who should be in prison exceeds the number of places?

[Mr Blunt]

Unlike the previous Administration, we will not get ourselves into that position. As the shadow Secretary of State will know—he will be well on top of his brief—there is a seasonal rise in prison numbers following Christmas. I am happy to say, however, that our policies are already having an effect. The prediction we inherited that we would end up with 96,000 prisoners by 2014-15 is unlikely to come true.

[Sadiq Khan]

Those of us who stayed awake for the entire Budget know that the Chancellor has no plan B and I am afraid that the complacency of that answer shows that the Ministry of Justice has no plan B. If crime goes up, as the Secretary of State predicts it may well do, and if the prison population continues to rise, the Government will have no choice but to release offenders who should be in prison without due process or to use police cells. Which will it be?

[Mr Blunt]

As of now, we have an overhead in managing the prison estate of about 3,000 places. We will manage the estate to ensure that we sustain an overhead and do not get ourselves into a position whereby we run out of space, as the last Administration did. It is basic administration. We will keep a very careful eye on the prison numbers and ensure that we have sufficient capacity.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

I will be happy to meet my hon. Friend to discuss squatting. I would hate to think that anyone would use the example of the Gaddafi house as any excuse for this pernicious offence.

[Sadiq Khan (Tooting) (Lab)]

The Justice Secretary is not afraid to speak his mind, and he has many fans on the Labour Benches as a result. Does he agree that there has been a great deal of confusion on the Government’s policy on the Human Rights Act 1998 and the Bill of Rights? Can he explain in plain, simple English whether his Government are in favour of abolishing, or in favour of keeping, the Human Rights Act, which brought into domestic law the European convention on human rights?

[Mr Clarke]

I would welcome vigorous attacks from the Opposition on any of my policies. The lack of such attacks might undermine my credibility with certain sections of the House and the outside world.

We have carried out the coalition commitment to set up a commission to investigate the case for a British Bill of Rights. Of course the Government accept the commitments and obligations under the European convention on human rights. The commission will look at the whole range of issues in this subject. Personally, I would like the debate to concentrate on what is more immediately attainable, which is sensible reform of the Court in Strasbourg. That is much overdue. I think that we could command a wide range of support from other member states of the Council of Europe on such reform. Perhaps we might decide on subsidiarity, and on the role of the Court vis-à-vis the Parliaments and courts of member states.

Oral Answers to Questions

Sadiq Khan Excerpts

Tuesday 15th February 2011 Commons Chamber

[Nick Herbert]

I am afraid that I do not have those figures available for my hon. Friend. However, there is a separate issue about the number of foreign national prisoners in our jails, and it remains the Government’s policy to seek to remove them on release as soon as possible.

[Sadiq Khan (Tooting) (Lab)]

Can the Minister confirm that on four occasions—in 1984, 1987, 1991 and 1996—the previous Conservative Government released prisoners earlier and with far fewer safeguards? Let me also ask him about the early release of prisoners convicted of violent offences. He mentioned that those serving an IPP sentence will be released early. Exactly how many of the 6,000 prisoners currently serving an IPP sentence will be released early, and what criteria will be used?

[Nick Herbert]

I am happy to confirm to the right hon. Gentleman that none will be released early and all will continue to be risk-assessed.

[Sadiq Khan]

Let me ask the Minister to answer this question accurately then. Can he confirm that, as a direct consequence of the cuts that his Department has accepted from the Treasury, there are now fewer programmes for those on an IPP sentence, which means a longer delay before they go on a programme? Can he also confirm that the consequence of the cuts in front-line probation and prison officers will be less rehabilitation while in prison, and that another consequence of the cuts that he has accepted will be cuts to the Parole Board, which will mean a double whammy of more prisoners being released prematurely and less rehabilitation in prison?

[Nick Herbert]

The right hon. Gentleman has to get his attack right. One moment he seemed to be saying that we were about to release too many IPP prisoners; now he seems to be saying that we will release too few. Which is it? The fact is that there has been a growth in the number of IPP prisoners. Everybody accepts that IPP sentences have become de facto life sentences and that we have to address that, but there will continue to be a proper risk-assessment of any prisoner released from an indeterminate public protection sentence.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

The first thing is to have increased early intervention to avoid their needing a second chance in the first place. Then we need to ensure that young offenders are offered more of an opportunity to pay back their victims and communities, and to incentivise local partners to reduce youth offending and reoffending by using new payment-by-results models.

[Sadiq Khan (Tooting) (Lab)]

In this Saturday’s excellent Mary Riddell interview in The Daily Telegraph, the Lord Chancellor said:

“I slightly expect that some crimes will go up”.

I remind the House that in times of both growth and recession between 1997 and 2010 the level of crime consistently went down. I know that he is neither sloppy nor complacent, so can he tell the House what crimes he thinks will go up, why he thinks they will go up and what he is going to do about it?

[Mr Clarke]

During the period of the Labour Government, to which the right hon. Gentleman refers, acquisitive crimes against property fell particularly sharply. That was because of the growth of the economy and the boom, among other matters; these things are not too simple. The biggest fall in crime achieved when Labour was in office was on vehicle crimes, because the vehicle manufacturers greatly improved the security of the vehicles and made this more difficult. In this contentious and not simple area of what causes crime and what does not, I have always been inclined to believe that in times of recession the level of crime against property is likely to rise and in times of growth it tends to fall. That is why I have to be prepared to accommodate however many people are sent to us by the courts. What we are doing about it is making what I hope is a more effective system of preventing crime and of diverting people out of crime but punishing severely those who commit it.

Oral Answers to Questions

Sadiq Khan Excerpts

Tuesday 11th January 2011 Commons Chamber

[Mr Clarke]

One by one, various countries have been challenged on that front, and one by one the more restrictive measures are falling. Some have no restrictions at all, and just allow prisoners to vote. It was necessary for the Government and my right hon. Friend the Deputy Prime Minister to take the best legal advice on what could protect us against the risk of future claims and judgments, draw a line under that and comply with legal objections. That is the basis on which we arrived at four years, and as I have just explained, there is some logic in putting a four-year threshold in, as we can refer back to the old definition of long-term imprisonment to explain rationally why we have chosen that threshold.

[Sadiq Khan (Tooting) (Lab)]

It is worth reminding the House that details of plans to allow people serving sentences of up to four years to have the vote was given via press release on the last Friday before we broke up for Christmas. May I ask the Secretary of State what role Ministers in his Department played in the Deputy Prime Minister’s plans, and can we take it that he, his Ministers and all the Law Officers agree with the Deputy Prime Minister that four years is the appropriate threshold?

[Mr Clarke]

I was obviously involved in the collective discussions, as were colleagues, and we took the best legal advice. I remind the right hon. Gentleman that the previous Government accepted the legal obligation. The Government in which he recently served undertook two consultations, and they canvassed four years as a possibility. [Interruption.] With great respect, they did canvass four years, and they also accepted that prisoners should vote in all elections, including local government elections and referendums. We have drawn back from that. We are proposing that they should vote only in parliamentary and European elections.

--- Later in debate ---

[Mr Clarke]

We addressed this problem in the Green Paper, on which we are consulting. It is quite obvious that the IPP system has never worked as either the previous Government or Parliament intended. Indeed, the previous Government made one attempt to revise it to stop the unexpectedly large numbers of people who were going into the system. IPP prisoners are almost all high-risk, and they should be released only once they have been assessed by the Parole Board, but of course it is extremely difficult to form judgments about the risks that they pose when they are in prison and sometimes unable to access rehabilitation courses. We published our proposals in the Green Paper and are now consulting on them, but we have no intention whatever of putting the public at more risk by releasing people without some assessment by the Parole Board. However, it has to be a sensible assessment that can sensibly be made.

[Sadiq Khan (Tooting) (Lab)]

I welcome the last part of the Secretary of State’s answer in particular. He will be aware that indeterminate sentences are given to serious criminals such as the ring leaders in the grooming of vulnerable girls for sex convicted last week at Nottingham Crown court. He will appreciate concern that, in his desire to reduce the prison population, he may release dangerous convicted prisoners prematurely. He talked about those currently serving IPPs who have served their minimum tariff. How soon does he think his proposals will have an impact on those prisoners, and how will he address the British public’s legitimate concerns?

[Mr Clarke]

At the moment, more than 3,000 people on an IPP sentence have completed their minimum tariff, which is the punishment for the crime for which they are sent to prison, and a very small proportion of those are being released. The numbers are piling up all the time, and recommendations are frequently made to the Department that the matter has to be re-addressed, because we have more than 3,000 people whose release from prison is totally uncertain. We are now consulting and there will be legislation in the spring, which will have to be enacted and improved by the House before a new system comes into effect. That system will retain the need for the Parole Board to make a sensible assessment of whether the risk posed by those in question can properly be managed in the community.

Rehabilitation and Sentencing

Sadiq Khan Excerpts

Tuesday 7th December 2010 Commons Chamber

[Sadiq Khan (Tooting) (Lab)]

I thank the Secretary of State for advance sight of his statement on sentencing policy. The Ministry of Justice’s four-year plan on its vision page declares:

“We will provide a clear sentencing framework. It will punish those who break the law, and help reduce re-offending.”

I have no quarrel with that. It seems to me a perfectly sensible vision for a sentencing policy, entirely in keeping with the emphasis on punishment and reform that Labour followed in government, and which helped to cut crime by 43% between 1997 and 2010, both in times of growth and recession—the only Administration since the second world war who can boast such an enviable record.

I have a number of questions for the Secretary of State. First, will he confirm that he accepts that crime went down, as I have just said? So, on the core principle we are in agreement, and where the Government propose sensible measures to punish and reform offenders, we will support them. However, the statement that we have just heard and the Green Paper give rise to a number of questions and concerns. Will he confirm that the entirety of the Conservative party’s manifesto on law and order has been put in the bin? Before the election, the Prime Minister promised that there would be tougher sentences for knife crime. People caught in possession of a knife would face a presumption of prison. Does the Secretary of State accept that he has now made a humiliating U-turn on that policy? The Prime Minister promised that there would be “honesty in sentencing”. Judges would read out a maximum and a minimum sentence to offenders in court. Does the Secretary of State accept that there has been a U-turn on that also? The Prime Minister promised increased prison capacity—another U-turn?

Let us be absolutely clear. Every one of those pre-election promises to be tough on crime has been abandoned. They have been revealed for what they are: a bluff. A bluff on crime and a bluff on the causes of crime. Like so many of the heavily trailed announcements that we have seen in the past six months, this sentencing review is a wasted opportunity. Sentencing policy should be about dealing with offenders in the right way in order to protect the public, but this review has been about trying to reduce the prison population in order to cut costs.

When the comprehensive spending review was published recently, the Justice Secretary outlined his central aim, which was

“to reduce the total daily prison population by 3,000 by 2014.”

The prison population is about 85,000 today, so that would mean it being 82,000 in four years. In practice, however, because many people serve less than one year in prison, meeting that target would mean 10,000 fewer offenders in jail each year. That is what the sentencing review is all about.

Given the Government’s big claims about transparency, can the Secretary of State confirm that he will publish the detailed assumptions that his officials and the Home Office have made about crime trends to justify that target of 82,000? I do not subscribe to the view that there is a direct link between prisons and crime, but nor do I share the Justice Secretary’s belief that there is no link at all. Under Labour, more serious and persistent criminals went to prison for longer, and crime fell. The relationship between those two things might not have been simple and straightforward, and other factors, including an increase in police numbers, were at play, but there was a relationship.

The Justice Secretary, to justify his view that there is no link, is fond of saying that crime rates also declined internationally during that time, but that prison rates in many countries went down. Well, he is wrong. I have checked the figures for OECD countries, and prison populations rose almost everywhere. Although prison should always be the outcome for serious and persistent offenders, we believe that alternatives to custody should be used when they are a more appropriate form of punishment and reform. We accept that prison is not always the best place for offenders, and community sentences can be a better alternative in order to cut reoffending, but does he accept that, as a result of the changes that we introduced, the number of women in custody went down, and that reoffending rates for women, young men and first-time offenders also went down in recent years?

I welcome the announcement that the Government are seeking to build on important Labour innovations, such as the expansion of community payback. Further action on drug addiction is clearly welcome, and the steps outlined to deal more effectively with offenders with mental health problems, one of our society’s most pressing issues, are a vindication of the decision of my right hon. Friend the Member for Blackburn (Mr Straw) to set up and start to implement the important Bradley review.

The current Justice Secretary aims at some of the right goals, but his total eagerness to please the Treasury by cutting the Ministry of Justice budget by 23% will make it very difficult and risky to turn those aspirations into reality. With the Home Secretary having also caved in to a 23% cut, the obvious question voters will ask is, how can the right hon. and learned Gentleman’s party ever again claim to be the party of law and order?

The Secretary of State will recall the old care in the community model for mental health in the 1990s. As a former Health Secretary, he presided over it and will be aware of some of the real problems that it created. If proper resources are not invested in dealing with offenders outside prison, we could be in for care in the community mark II—this time with criminals.

Will the Justice Secretary explain, in particular, what assessments are being made of the likelihood that prisoners on indeterminate sentences, whom he wants to release, are no longer a risk to the public? What procedures will be put in place to monitor such people in the community?

[Mr Speaker]

Order. I am loth to interrupt the shadow Secretary of State, but he is getting towards the point where his questioning has been longer than the Secretary of State’s pithy statement, so he really does now need to bring it to an end. He can have another sentence, but he must then bring it to an end.

[Sadiq Khan]

As ever, Mr Speaker, I am grateful.

When the Justice Secretary was recently asked on BBC’s “Newsnight” how he would judge the success of his penal policy, his first response was that he “hadn’t the first idea”. That was a more revealing answer than he perhaps intended, because it exposed a certain complacency that is becoming the hallmark of this Government.

In conclusion, let me offer the Lord Chancellor advice on how to judge the success of his policy. Will it make communities up and down the country more or less safe? Will it result in crime going up or down? I tell the Lord Chancellor and those who support him that it is against those criteria that we will be holding him, his proposals and his Government to account.

[Several hon. Members]

rose—

Oral Answers to Questions

Sadiq Khan Excerpts

Tuesday 23rd November 2010 Commons Chamber

[Mr Blunt]

I can well understand my hon. Friend’s concern. All offences of sufficient seriousness to be tried only in the Crown court can be referred through the unduly lenient sentences process to the Attorney-General or the Solicitor-General; and 17 of the 31 offences that are triable either way and listed in statutory instrument 2006/1116 refer to offences against children, which reflects how seriously the House takes the matter.

[Sadiq Khan (Tooting) (Lab)]

Thank you, Mr Speaker. You will be aware that on three occasions over the past two weeks the Secretary of State for Justice and the Deputy Prime Minister’s deputy—the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper)—have come to the Chamber and essentially repeated from the Dispatch Box announcements already made in the media.

I want to ask the Minister about reports in this Sunday’s papers on the Department’s sentencing plans. The current Prime Minister in March, the Conservative party manifesto in April and the Secretary of State in June all said words to the effect: “We will introduce a system where the courts will specify minimum and maximum sentences for certain offenders. These prisoners will only be able to leave jail after their minimum sentence is served by having earned their release, not simply by right.” Will the sentencing review ditch that policy or keep it?

[Mr Blunt]

I am afraid the shadow Secretary of State will have to wait until we produce the policy. It is entirely appropriate that it be presented to the House first.

[Sadiq Khan]

It is outrageous that we have to buy The Times and read The Daily Telegraph to see what the Government are planning. That is not new politics, that is not the way to do things, and the Secretary of State, who has been an MP for 40 years and served in three Cabinets, should know better.

The Minister ducked the previous question, but he and, indeed, the Secretary of State know that knife-crime cases cause real and lasting misery to the victims, to bereaved families and to communities. Before the general election and in their manifesto, the Conservatives were quite clear, because they said that

“anyone convicted of a knife crime can expect to face a prison sentence.”

We know what the press say their Government will do, but what will the Minister do in the sentencing review to be published next week?

[Mr Blunt]

This may be slightly tedious, but I must say again that the shadow Secretary of State will have to wait until the proposals are presented in a comprehensive fashion to the House. Of course, knife crime is an extremely serious offence, as we have acknowledged, but, as far as the precise proposals are concerned, the right hon. Gentleman, like everyone else, will have to wait until they are presented in a coherent fashion to the House first, as is appropriate.

--- Later in debate ---

[Mr Clarke]

My right hon. Friend Lord McNally has the responsibility and the honour to lead on matters concerning Crown dependencies, which I assure my hon. Friend he takes very seriously. I keep discovering that he has made visits to the Crown dependencies to discuss these matters. I was quite unaware of this problem and I shall make inquiries of Lord McNally and those responsible for the ceremony about the background to this issue of laying a wreath on behalf of the Channel Islands and the Isle of Man.

[Sadiq Khan (Tooting) (Lab)]

The Secretary of State announced in the House last week—a day after ITN—that significant sums of money were to be paid to British residents and citizens who were detained at Guantanamo Bay, and he explained the factors behind the decision. Does he agree that there is an urgent need to resolve the claims of British victims of terrorist attacks overseas and will he commit today to such compensation being paid as a matter of urgency?

[Mr Clarke]

The right hon. Gentleman rightly expresses irritation about leaks to newspapers and the television, and I assure him that I share all that irritation. [Interruption.] If I were indulging in the kind of masterful spin-doctoring of the previous Administration, I would have trailed them better than occurred either in the newspapers or ITN. I made the statement when I did because I was told that ITN had carried the news the night before. I assure the right hon. Gentleman that, if he helps me to find out where the information is coming from, I will take appropriate steps.

On compensation for victims of terrorism and crimes, we are having to review the criminal injuries compensation scheme. We are having to look at the prospects for the compensation for terrorism scheme. The fact is that we were left with a system of criminal injuries compensation that was not working. We have enormous liabilities piling up for which the previous Government had not made adequate funds available, so we have hundreds of millions of pounds-worth of arrears of claims.

[Sadiq Khan]

That is a different issue.

[Mr Clarke]

It is not a different issue. They are related issues and we will give our conclusions in due course.

Guantanamo Civil Litigation Settlement

Sadiq Khan Excerpts

Tuesday 16th November 2010 Commons Chamber

[Mr Clarke]

Ah. No.

No admissions of culpability have been made in settling those cases and nor have any of the claimants withdrawn their allegations. This is a mediated settlement. Confidentiality is a very common feature of mediation processes, as in this case. Confidentiality was agreed by both parties, subject to the necessary parliamentary accountability and legal requirements. I hope that the House will understand that I am unable to comment further on the details of the settlement without breaching that confidentiality with the claimants.

The alternative to any payments made was protracted and extremely expensive litigation in an uncertain legal environment in which the Government could not be certain that we would be able to defend Departments and the security and intelligence agencies without compromising national security. The cost was estimated at approximately £30 million to £50 million over three to five years of litigation. In our view, there could have been no Gibson inquiry until that ligation was resolved.

The Government will make a further statement to the House when the relevant police processes have been completed and the inquiry is in a position to begin its work. The mediated settlement actually represents a significant step forward in delivering the Government’s plan for a resolution of those issues in the interests of both justice and national security. The settlement has the support of the heads of the Security Service, the Secret Intelligence Service and the Whitehall Departments involved. The Security Service and the SIS are issuing a public statement to that effect today.

In his statement, the Prime Minister also announced plans for a Green Paper on the use of intelligence in judicial proceedings, which we hope to publish in the summer of 2011. It will examine mechanisms for the protection and disclosure of sensitive information in the full range of civil proceedings, inquests and inquiries. We will also consider complementary options to modernise and reform existing standing intelligence oversight mechanisms. The Government are engaging with relevant parliamentary bodies, key stakeholders and our international partners in developing these proposals further. Today’s announcement is a very important step forward, and we are closer now to getting the important Gibson inquiry into all these allegations finally under way.

[Sadiq Khan (Tooting) (Lab)]

I thank the Justice Secretary for advance sight of his statement and for our meeting earlier today. I welcome his decision this morning to make this an oral statement to the House, rather than the written statement originally planned. I would also like to put it on the record at the outset that up until November 2004, I was a senior partner at a law firm that acted for a number of the Guantanamo Bay detainees.

Does the Secretary of State agree that statements as significant as this should be made first to the House before they appear in the media? Will he therefore join me in raising concern that this extremely important announcement was leaked to ITN’s “News at Ten” programme last night?

On the substance of the right hon. and learned Gentleman’s statement, the House is united in its complete rejection of torture and mistreatment. That goes for the practice of and collusion or complicity in torture. It is illegal, it is internationally banned, and no Government should have anything to do with it. The Labour party has been, and will remain, completely opposed to Guantanamo Bay. We took action in government to remove all the British citizens and all but one resident from Guantanamo Bay, and my right hon. Friend the Member for South Shields (David Miliband) ensured that Britain’s Government were the first to get all their citizens out of there. What steps are this Government taking to secure the release of the one remaining resident still in Guantanamo Bay, Shaker Aamer? I note that the hon. Member for Battersea (Jane Ellison), who represents his family, is in her place.

Britain’s security services, under all Governments, are required to live up to the highest standards, while protecting our national security. They do an incredible job. Their work is rarely ever recognised, for obvious reasons of secrecy, but they save lives, and we should always remind ourselves of that. We should also place firmly on the record the human rights policy of our security services, and be proud of their stance. As John Sawers, the head of the Secret Intelligence Service, said last month:

“If we know or believe action by us will lead to torture taking place, we’re required by UK and international law to avoid that action. It makes us strive all the harder to find different ways, consistent with human rights, to get the outcome we want.”

To sustain the excellent work of the intelligence agencies, and to ensure that these standards are met in practice, it is vital that whenever allegations are made they are fully investigated.

You will know, Mr Speaker, that the previous Government began the process of publishing the consolidated guidance given to our intelligence officers, which was a process finished by the current Government earlier this year. It was and remains our view that all measures possible should be taken to satisfy ourselves, the public and our allies that if any wrongdoing is alleged, it is fully investigated, that any evidence is gathered and passed on, and that it is dealt with to conclusion. That is why the previous Attorney-General referred two cases where concerns had been raised to the police for investigation, and that is why we look forward to the judge-led inquiry into allegations of complicity in torture now that the civil cases are settled.

Can the right hon. and learned Gentleman confirm that the police will be able to conclude their investigations before the judge-led inquiry begins? Obviously, the House has not been privy to the detail of the settlements and the negotiations, but he will know that there are legitimate questions about the settlements that the Government have come to that mean that these 16 cases will no longer be resolved individually in the courts. We understand that the Government have had to consider this in the light of the ruling by the Court of Appeal in May. Can he confirm to the House that the settlements reached will not pre-judge the inquiry or pass judgement on the actions of our security services in advance of a full investigation?

Will the confidentiality agreement prevent the Secretary of State from telling the House and the public the sums of money involved in these settlements? If so, will he reconsider and agree with us that there is a public interest in knowing the total sum involved in this settlement? Will he commit to scrutiny of the settlements by both the Intelligence and Security Committee and the Public Accounts Committee? He said that the claimants would be able to give evidence to the Gibson inquiry. Can he tell the House what investigations within the scope of the inquiry will take place into the allegations in those specific cases? Will the inquiry pass judgment on each individual case? Can the right hon. and learned Gentleman say whether the scope of that inquiry has changed since the Prime Minister’s statement to the House in July?

Finally, can the right hon. and learned Gentleman also tell the House whether any other cases remain unsettled, and if so, what decision has been taken on their effect on the inquiry? It is important that the inquiry can be thorough and that its access to documents held by the Government should be as full as that enjoyed by the courts. Can he therefore confirm that the Gibson inquiry will have access to all the same information that has been or would be available to the courts? Everyone will appreciate the need to ensure that Britain’s security is not compromised, and that must be reflected in the way that the inquiry operates. However, as the allegations are comprehensively addressed, it is important that the public should have confidence in the process and its outcome. We say again: there is no place for the torture or mistreatment of detainees.

[Mr Clarke]

I, too, regret the leak. I am having a bad week for leaks. I made a statement yesterday that had been leaked by somebody at the weekend, and last night I was at dinner when I was told that ITV had details of this statement. It is early days in government to have them so frequently—but ’twas ever thus. I will do my best to ensure that there are no leaks of this kind in future.

We continue to press the Americans for Shaker Aamer’s release. We are trying to ensure his release, and we are in constant contact with them.

So far as the other questions are concerned, the determination of this Government, as soon as we took office, has been to try to draw a line under these cases and move on, in the light of the policy that the right hon. Gentleman supported, and on which all parts of the House agreed. This country is against torture. This country has a good, high-quality security and intelligence service. We wish to make it quite clear that it is not complicit—and must not be complicit—in the torture or ill-treatment of detainees, so the sooner we resolve these doubts and enable it to get on with its proper job of intelligence, the better. We were bogged down in litigation and complaints which were slowly going not exactly nowhere but could have taken years to resolve, because of all the difficulties with the admissibility of the evidence and the hearing of evidence in public.

For that reason, we have sought to draw a line under things. We published the guidance on treatment of detainees, as the right hon. Gentleman said, which is the first step that we took. We have now resolved these issues in a way that enables us to move on. We still have to wait for the police inquiry, to which he also referred. That is entirely a matter for the police, and no one—no Minister or anybody else—can intervene and start instructing the police on how to conduct such inquiries. We cannot get the Gibson inquiry under way until the police inquiries have been resolved. I do not know how long they will take—I hope that they will not take too long—but that is a matter for the police. If those inquiries lead to prosecutions, we will have to wait for the resolution of those prosecutions. If they lead to no prosecutions, we really will be clear to get on to the inquiry that lies beyond.

The settlement, which involves no concession of liability or withdrawal of allegations, does not prejudge the Gibson inquiry in any way. It will be entirely for Sir Peter and his colleagues to decide on the inquiry once its terms of reference have finally been settled. We see the inquiry as looking at the problem in general—that is, looking at the history and deciding whether there were problems and whether there are any lessons to learn, as well as making inquiries about how we might ensure that the standards that the whole House would want to uphold are put beyond doubt for the future. We have not altered the scope of the inquiry since the Prime Minister made his statement, and we expect it to have access to a wide range of information—indeed, all the information that it could reasonably expect. The problem with the courts is either that they cannot have access to a lot of the information because of all the security problems, or that they cannot share it with the complainants and the public. So far as I am aware, the settlements cover all the British residents and citizens from Guantanamo Bay who are making complaints. We are not aware of any other cases that could be raised on all fours with those.

The settlement has saved us money and, most importantly, time. It has stopped the intelligence service spending man-hours on sifting through evidence and coping with litigation, but it must remain confidential. It is legally confidential and could be reopened if either side broke that confidentiality, so I am afraid that I am unable to tell the right hon. Gentleman the precise sums involved, but the gain that has been achieved by mediating the claims is considerable and in the national interest.