Criminal Justice and Courts Bill

Debate between Sadiq Khan and Kate Green

Monday 24th February 2014 Commons Chamber

[Sadiq Khan]

My right hon. Friend will know that the number of foreign prisoners in our prisons is just a bit above 10,000. That has been the figure for the past four years, and the Government have done nothing to get it down. They would do better to pay attention to getting it down, rather than to getting headlines in the Daily Mail or The Daily Telegraph. That would free up places and lead to a huge improvement.

We broadly welcome the direction of travel on electronic monitoring, subject to clarification on costs and technical developments; the hon. Member for Cambridge (Dr Huppert) raised some of the concerns that we have that need to be addressed. We will closely scrutinise the ability of the Ministry of Justice properly to monitor the private companies awarded the contracts, to ensure that the public get value for money and the Ministry is no longer taken for a ride.

We do not oppose the plans relating to automatic release and recall, and we welcome clause 16, which bans the possession of extreme pornographic images depicting rape. A number of victim groups and experts have called for that change, and the Government and the Justice Secretary should be commended for listening to the evidence.

I turn to the second part of the Bill, on youth justice. It is worth pausing to reflect on the dramatic fall over the past 10 years or so in the number of young people held in custody. The most recent figures show a drop of more than 60%. I pay tribute to the hard work of the Youth Justice Board and youth offending teams up and down the country. I am proud of Labour’s record in setting up the YJB, which led to these falls. I wish the outgoing chair well and the new chair the best of luck in his endeavours. The YJB’s innovative ways of working have delivered enormous economic and social benefits to society, and I for one am delighted that we were successful in keeping it doing its important job, rather than it being abolished two weeks ago, as the Government had wanted.

We have reached a hard core of young offenders in our youth justice system, and that brings a different set of challenges. As has been said, reoffending rates for this hard core remain stubbornly high. The Government’s preferred solution is secure colleges, and the Bill paves the way for their introduction. Ministers have announced only one so far, in Leicestershire. Construction will not start until 2015. There is no clear idea of where the £85 million that it will cost will come from, or what will be cut to find the money. It smacks of another commitment made by this Justice Secretary for which the next Government will be left to pick up the tab. In Committee, we will need to get down to the details, but already a number of groups have expressed concerns about the plans. There will be just one secure college; either it will be a huge college for the whole country—a teenage Titan prison, with all the problems that will entail—or only those in the east midlands will benefit.

There are also concerns about how restraint is planned to be used in the new secure college, and how the college will address the problems underlying offending, such as mental health problems, drug and alcohol addiction—mentioned by my right hon. Friend the Member for Leicester East (Keith Vaz), the Chair of the Select Committee on Home Affairs—and histories of abuse, trauma and violence. It is also unclear, despite the question from my hon. Friend the Member for Stretford and Urmston (Kate Green), what provision is planned for young females. There is a concern, to be frank, that this is a return to the discredited borstal system.

Nor have the Government made clear their intentions for the network of secure children’s homes. Granted, those are expensive, but I have visited them and seen at first hand the range of severe problems that young people there have to deal with. Extreme caution is needed before this group of highly vulnerable people is lumped in with the wider youth justice system.

We will want convincing that forking out £85 million on bricks and mortar is better than spending the money on improving the amount of education and rehabilitative work in the existing secure training centre network. I see that the Chair of the Select Committee on Justice is here; the Justice Committee recently argued for a “fundamental shift” of resources from custody to early intervention with young people at risk of reoffending. It also made the point that most young offenders would not be in custody long enough—the average is 79 days—for the secure college to do any good in improving basic skills and addressing offending behaviour. A number of experts have also raised concerns, which we shall explore in Committee.

The third part of the Bill proposes changes in our courts. On the face of it, efforts to speed up court proceedings and make them more efficient—for example, by ensuring easier and quicker appeals to the Supreme Court, and by having magistrates courts deal with lower-level offenders faster—are to be welcomed, but this should not be to the detriment of proper open justice or due process. The Civil Justice Council, the Magistrates Association and others have expressed concerns that we should explore in Committee. Similarly, no one opposes convicted criminals being made to make amends for their crimes. The Government now wish to tack a charge on to those found guilty towards the cost of their trial. There have been difficulties collecting fines and the victim surcharge from guilty criminals, sometimes as a result of organisational problems, but sometimes because criminals simply do not have enough money. There are between £1.4 billion and £2 billion in uncollected fines, and only this weekend it was reported that £13 million in victim surcharge had failed to be collected by the Government. I am sure that the Justice Secretary did not mean it when he said that that was because they are all dead, or that outsourcing all of this will solve all the problems. We will seek guarantees that this will not be yet another trumpeted announcement that ends in failure down the years as non-payments rack up and are written off.

It is right that the law on jurors and the use of the internet keeps up to date with the march of technology. I, too, am pleased that the Government have listened to the recommendations of the Law Commission in that respect. However, as Members will recall from the high-profile trial of Vicky Pryce, there are problems with juries not understanding their role sufficiently, and we shall explore what steps can be taken to educate and inform the public and jurors about the important civic function of jury service so that it is less of an alien process to them. I welcome proposals to raise the juror age limit to 75.

The fourth part of the Bill deals with changes to judicial review. In a country without a written constitution, we tinker at our peril with important checks and balances such as judicial review without proper thought. We know the Lord Chancellor’s view on judicial review from a piece for the newspaper that he and his SpAds prefer to brief—the Daily Mail. He said that

“judicial review…is not a promotional tool for countless Left-wing campaigners. So that is why we are publishing our proposals for change…Britain cannot afford to allow a culture of Left-wing-dominated, single-issue activism to hold back our country from investing in infrastructure and new sources of energy”—

news, I am sure, to Conservative Back Benchers and local authorities that have been involved in JRs against Heathrow expansion, High Speed 2 and, no doubt in future, wind farms and fracking.

Let me explain the position to the Justice Secretary in plain English without any long legal words or gobbledegook. MPs, individual citizens, community groups, organisations and local authorities are not

“part of a culture of Left-wing dominated”

campaigners when they legitimately ask the judiciary to review decisions made by public authorities, including Ministers.

To be frank, delays in HS2 or Crossrail 2, the lack of houses being built or of big infrastructure are more to do with the incompetence and policies of this Government than with judicial review. It is hardly surprising that people believe that the Justice Secretary’s true intentions are to insulate his Government’s bad decision making from any kind of challenge. The Government have also sought to rein in legal aid and no win, no fee cases; to gag campaign groups with their shoddy Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014; and constantly to attack human rights laws—there is a pattern. These are the tools by which our citizens hold Governments to account, and the Government are weakening them.

[Kate Green]

I am glad that my right hon. Friend makes that point, because the Justice Secretary is quite wrong to suggest that the majority of judicial review cases are about campaigners making campaign points. They are about individuals who have suffered personal injustice at the hands of an over-powerful state, and we ought to maintain that ultimate protection for those individuals, many of whom are disabled, many of whom are vulnerable, and many of whom are poorly educated. Does my right hon. Friend not agree that, whatever the Justice Secretary presents as the effect of these changes, the reality is that it is vulnerable individuals who lose out the most?

[Sadiq Khan]

Absolutely. The concerns are that as a consequence of the changes decisions made by Ministers and other public authorities will be put above the rule of law. Those authorities will almost be free to do as they please, to the ludicrous extent that breaking the law appears to be of no concern to the Justice Secretary.

It is clear the Justice Secretary’s measures are underpinned by a majoritarian view of the world in which democracy is only about elections, and those who win can do as they please in between. I would be more sympathetic if the Conservatives had actually won the last general election. The Justice Secretary’s policies are dangerous. Democracy is more than elections: I am not alone in that view, and neither is my hon. Friend the Member for Stretford and Urmston. Lord Dyson, the Master of the Rolls, said that

“there is no principle more basic to our system of law than the maintenance of the rule of law itself and the constitutional protection afforded by judicial review.”

The former Lord Chief Justice, the esteemed Lord Woolf, said:

“In our system, without its written constitution embedded in our law so it can't be changed, judicial review is critical.”

He also said that the Ministry of Justice has shown a

“remarkable lack of concern for the precision of the facts”.

Joe Rukin, co-ordinator of the Stop HS2 campaign—that infamous left-wing dominated campaign group—said:

“The government seem to be making out that they believe any of their infrastructure plans should be above the law and do not realise that it is essential in a democratic society to be able to hold the government to account”.

Offender Rehabilitation Bill [Lords]

Debate between Sadiq Khan and Kate Green

Monday 11th November 2013 Commons Chamber

[Sadiq Khan]

If the Justice Secretary has his way, within the course of 12 months those who receive a sentence of less than 12 months will be supervised and we will have to wait and keep our fingers crossed that there will be no risk to public safety. If there is no such risk and the Justice Secretary finally oversees a rehabilitation revolution, of course we will not stop that supervision—that would be ridiculous. The Justice Secretary’s problem is that he cannot tell us how much it will cost, how much reoffending will go down by, or how many fewer crimes will be committed. That is the big flaw in his plan. It is not evidence-based. It has been worked out on the back of an envelope. The last time he tried to do that was the Work programme, which was not a huge success.

[Kate Green]

Of course, one of the problems is that whoever undertakes the supervision activity will have to meet the requirements imposed by a sentencing court, which will be predetermined and come with an element of unbreakable cost. Is it not, therefore, something of a distortion to suggest that these are payment-by-results contracts when a substantial proportion of the cost will, in effect, be determined by the sentence passed by the court? Surely the Justice Secretary could tell us now what costing he has made of that.

[Sadiq Khan]

My hon. Friend has more optimism in the Justice Secretary’s competence than I have. The Social Market Foundation showed recently that it is possible for private companies to still make a profit based on the fee for service, without relying on the PBR element. The Justice Secretary has not even worked out what percentage will be PBR. Will it be 5%, 7%, 10% or 15%? He has no idea. He is the most incompetent Justice Secretary in history.

While I am on the subject of extending supervision, I should say that I, unlike the Justice Secretary, have met probation trusts and they have said that they would be up for taking on those on sentences of less than 12 months if only the Government would let them. They were never asked to do so by this Justice Secretary. Instead, he would rather trust G4S, Serco and the like. In fact, some probation trusts already work with the most prolific offenders in this group, even though they do not get the money to do so. They just see it as the right thing to do.

Instead of abolishing probation trusts, why will the Government not give them the chance to prove their mettle with those on short sentences? Why has the Justice Secretary decided that the existing local structures, which have a proven track record in reducing reoffending, are to be ignored in favour of organisations with no track record in this area? Why have probation trusts been barred from bidding for the contracts to supervise low and medium-risk offenders?

Before I conclude, I need to address the issue of payment by results. The Justice Secretary is pretty good at briefing journalists that his reform of probation will mean that private companies will be paid only if they rehabilitate offenders. Who would not be in favour of a system that pays private companies only by result? However, the Justice Secretary does not brief journalists with the small print. We have absolutely no idea what percentage of the contract payment will be dependent on results—and neither does the Justice Secretary.

I want the House to be clear about what we do and do not support. We support attempts to reduce reoffending. We support extending supervision to those in custody for less than 12 months. We support attempts at through-the-gate support for those leaving prison. We will only support policies that are grounded in evidence of what works and that will not put the public at risk. We cannot afford to undermine public confidence in our criminal justice system with ideological leaps in the dark that could risk public safety.

It is mendacious of the Justice Secretary to attack those who do not subscribe to his particular approach as being in favour of the status quo. The “you’re either with me or against me” approach does not wash. We do not subscribe to the Justice Secretary being judge and jury about what works without waiting for any evidence. We do not support him ignoring experts whose knowledge in this area is at a level he will never be able to match. Placing tabloid headlines ahead of what really works is a dangerous game.

If our reasoned amendment fails, we will table amendments in Committee and on Report to try to address the very serious concerns of experts in the field. We believe it is possible to work with the public, private and voluntary sectors, and that it is possible to reduce offending without taking a risk with public safety.