(1 year, 1 month ago)
Commons Chamber
Tessa Munt (Wells and Mendip Hills) (LD)
On that point, we are clear that the money that goes into the probation system may not be enough to deal with the scale of the added pressures on the probation system. I think the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), talked about contract management. The example of Serco is a really good one; there will be so much more reliance on electronic tagging. Will the money actually allow that to happen?
Josh Babarinde
I agree with the point that my hon. Friend makes. This is about much more than just the spend: it is about the efficiency of the spend. Taxpayers deserve far better than what they are getting at the moment from the Serco contract, under which, as I said earlier, many offenders are being left without the proper, robust monitoring that victims, survivors and our communities need and deserve.
Let me come on to reoffending. The Gauke review offered many recommendations to unlock supply in our prisons, but it was fairly light on what can be done to stem the demand going into our prisons. Preventing crime and reoffending was the Cinderella of his review. It may be out of scope in some respects, but it is critical that our criminal justice system is reformed in a holistic way. That is the true means of being able to make our criminal justice system more efficient.
When it comes to victims and survivors, commitments around reversing the damaging impact of the national insurance increases for employers were missing from the spending review. Victims’ charities have written to me to say that the increase in those taxes, as well as cuts to police and crime commissioner core budgets, are tantamount to a 7% real-terms cut in their budgets. This means that victims’ services—services not dissimilar from the independent sexual violence adviser services that I once accessed at SurvivorsUK—will be compromised. I urge the Government to look again at this issue.
The status quo of more reoffending at an exponentially high cost to the taxpayer is both immoral and unsustainable. While this investment will go some way towards reducing backlogs, increasing prison capacity and improving our probation services, vital challenges are still unmet. As I have said just this week—in fact, it may have been yesterday—directly to the Minister, Liberal Democrats stand ready to work constructively with the Government. We will scrutinise their measures, but also give credit where it is due in order to help achieve more justice for victims, survivors, and our communities.
As the hon. Gentleman will understand, the budget is being applied and worked through in an appropriate way, but the figures I have just given are the figures on which we will deliver, so he can be confident about that.
While this investment is necessary, it is not sufficient on its own, so to address these challenges and ensure that our prisons create better citizens, not better criminals, the Lord Chancellor commissioned the independent sentencing review, chaired by the right hon. David Gauke. As the Lord Chancellor announced in May following David Gauke’s findings, we will be introducing an earned progression model based on a three-part sentence. On this model, offenders’ release points will be determined by their behaviour. If they follow prison rules, they will earn earlier release; if they do not, they will be locked up for longer. However, that will not be true for all offenders. For those currently serving extended determinate sentences with an automatic release point of 67%—it is different for people with earlier releases; we will leave that as it is.
In the second part of the progression model, offenders will enter a period of intensive supervision. That will see more offenders tagged and under close supervision by the Probation Service. The supervision will be tailored according to each offender’s risk and crime type, and bolstered beyond the current system with a set of new restrictive measures and a major ramp-up in tagging and probation investment. In the third part, offenders will be monitored in the community by the Probation Service, and can be returned to prison if they breach their conditions.
Alongside the progression model, we are also taking forward the recommendations to introduce a presumption to suspend short sentences. We will be investing in this model and intensive supervision by significantly increasing our probation funding through the spending review settlement. I welcomed the comments of my hon. Friend the Member for Amber Valley (Linsey Farnsworth), and also what was said about the contribution of third sector organisations by my hon. Friends the Members for Bournemouth East (Tom Hayes) and for Rugby (John Slinger). Our additional investment will increase up to £700 million by 2028-29, allowing us to increase substantially the number of offenders on tags and to ensure investment in services that address the drivers of offending.
Tessa Munt
Following the Leveson report, will there be capacity for more funding for his recommendations?
We await the Leveson report, and when it arrives the Lord Chancellor will update the House. Matters such as that will be rightly dealt with then.
On efficiencies, the spending review has given the Department a settlement, and the Department will ensure that it is good value for money by applying all the appropriate methods.
This Government inherited a system that was creaking under pressure, having suffered chronic underfunding for 14 years. The Justice Committee rightly pointed out that by 2016-17 the day-to-day budget of the Department had fallen by a third in real terms from its peak in 2007-08. That is why we are delivering the ambitious, once-in-a-generation reform of the justice system that the country needs, with public safety at its core.
(1 year, 1 month ago)
Commons ChamberNo; what this Government are doing is cleaning up the almighty mess left to us by the previous Government, of which the right hon. Gentleman was a member. He knows full well that I have already signalled an intention to review the powers of the Sentencing Council. We have an upcoming sentencing Bill, and I will take the action that he and his Government never did in 14 long years. [Interruption.] He has suddenly found his voice—he did not have it for a decade or more.
Tessa Munt (Wells and Mendip Hills) (LD)
We continue to support IPP offenders through our updated action plan, which contributed to a 9% decrease in IPP offenders in prison in the last year, but we will not put public protection at risk. The Prisons Minister in the other place and I continue to meet regularly with MPs, peers and other stakeholders to work together on supporting this cohort.
Tessa Munt
It is 12 and a half years since IPP sentences were described as “not defensible” and were abolished for offenders, but 2,852 people remain incarcerated under these sentences—just 74 fewer than in June 2022. When the Justice Committee reported in 2022, its key recommendation was that the Government legislate to enable a resentencing exercise for these individuals. Will the Minister please set up an expert committee to at least advise on how to bring forward a resentencing exercise urgently?
It is right and proper that IPP sentences were abolished. Various organisations have considered resentencing. None of them has identified an approach that would not involve releasing offenders whom the Parole Board has determined pose too great a risk to the public. We do not wish to give false hope to those serving the sentence by establishing an expert panel, but we will continue to work robustly with this group and do everything in our power to address the problem that we recognise.
(1 year, 2 months ago)
Commons ChamberThis Government will make sure we are running a prison system that is sustainable and not on the point of collapse, so that we can ensure that dangerous offenders in this country are still locked up. We will make progress on our broader mission to halve the level of violence against women and girls over 10 years.
Tessa Munt (Wells and Mendip Hills) (LD)
I welcome the Lord Chancellor’s statement and the work that David Gauke has done to inform everything that is happening today. As a member of the Justice Committee, I look forward to seeing him before us shortly. I seek clarity on what the Lord Chancellor referred to as the
“so-called medication to manage problematic sexual arousal”.
Will she place the available research and conclusions in the Library so that we all have access to the information and can understand the data on which she and David Gauke have relied?
I am happy to ensure that the evidence is available. I would say to the hon. Lady that the very small-scale pilot that I inherited had been running for some time without anybody paying a huge amount of attention to it, and the evidence from other jurisdictions where it has been rolled out a bit more widely is stronger. Our roll-out—I want to get to a national roll-out—will start with two extra regions and 20 more prisons, and we will build the evidence base there. We want measures that work, and I do believe that the combination of chemical suppressants and psychological interventions can help with a cohort of particularly difficult sex offenders.
(1 year, 3 months ago)
General Committees
The Minister of State, Ministry of Justice (Sarah Sackman)
I beg to move,
That the Committee has considered the draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025.
It is a pleasure to serve under your chairship, Sir Desmond. The draft order makes a number of important changes to ensure that legal aid continues to support victims of domestic abuse. It is an important part of the Government’s commitment to ensure that legal aid continues to be available to those most in need and continues to serve some of the most vulnerable people in our society who need our support. It also ensures that our legal aid legislation is aligned with wider Government legislation on domestic abuse and immigration law.
Principally, this statutory instrument does four things. First, it will make changes to enhance the scope of immigration legal aid. It will make legal aid available for those eligible to apply for settlement in the United Kingdom as a victim of domestic abuse under the immigration rules. This change will ensure that all eligible domestic abuse victims can access legal aid for applications under this immigration route.
Secondly, it will amend the evidence requirements for domestic abuse victims applying for legal aid. It will do this by enabling victims to present evidence of abuse from appropriate medical practitioners overseas. Thirdly, it will make changes to terminology to align with the Domestic Abuse Act 2021, replacing the term “domestic violence” with “domestic abuse,” and the term “financial abuse” with “economic abuse.” It will also recognise that abuse against an individual may consist of behaviour directed at another individual, for example at the victim’s child. These changes will ensure consistency with wider legislation.
Finally, the statutory instrument will make changes to complement instruments made in 2023 and 2024 on the scope of legal aid in relation to domestic abuse protection orders and domestic abuse protection notices. If enacted, it will ensure fuller availability of legal aid for individuals in respect of these orders.
Before turning to each of the amendments and provisions in detail, I will take a moment to outline how the legal aid scheme works as a matter of generality. In general, civil legal aid is available to an individual if their issue is listed within part 1 of schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, otherwise known as LASPO. Then, in most cases, an individual must pass a means test—a check on their financial eligibility—and a merits test, which ensures that the taxpayer is not funding unmeritorious cases. In certain cases, most notably those involving victims of domestic abuse or child abuse, evidence requirements also need to be satisfied.
I will now turn to each of the four topics covered in this draft order. First, amendments will be made to the availability of immigration legal aid for victims of domestic abuse who are applying for leave to enter or remain in the UK. Currently, legal aid is available for some victims of domestic abuse who are eligible to apply for leave to remain in the UK under Home Office immigration rules, subject to means and merits tests. The immigration rules set out the rules for entering and remaining in the UK.
The immigration rules include “Appendix Victim of Domestic Abuse,” which I will henceforth refer to as “the appendix.” The appendix concerns victims whose leave to remain in the UK was based on their partner or spouse’s immigration status, and whose relationship has broken down as a result of domestic abuse. It is the route by which victims can apply for settlement in the UK independent of their partner’s status, ensuring that they can escape the abusive relationship without having to leave or be removed from the UK as a result. The eligibility requirements in the appendix are amended from time to time, and that is what we are doing here.
The draft order amends LASPO to ensure that legal aid provision for victims applying for leave to enter or remain in the UK is aligned with the latest requirements set out in the appendix. The changes will ensure that this alignment will continue in the event that amendments are made to the appendix in future. This will mean that all victims of domestic abuse can access legal aid to assist with an application under the appendix for leave to enter or remain, subject to means and merits tests.
Tessa Munt (Wells and Mendip Hills) (LD)
Although this is a slightly different situation, I want to clarify what the Home Office’s response would be to the case of one of my constituents. She came into the UK with her partner and sought leave to remain. He was arrested four times for domestic abuse, and she alerted the Home Office to the fact that it had happened on two different occasions by literally sending in the film. Can the Minister elucidate a little how my constituent registered that information with the Home Office and it still granted that man leave to remain in the UK? He has now of course vanished off the face of the earth.
Sarah Sackman
I thank the hon. Lady for raising that case. The circumstances that she describes are appalling, although obviously I cannot comment on the specifics of the case. How to deal with that would ultimately have been a matter for the Home Office. However, where there is evidence of domestic abuse that results in a criminal conviction, that is exactly what these proposed amendments are designed to protect against. We are extending legal aid to victims of domestic abuse where the perpetrator’s immigration status bears on theirs.
The hon. Lady is right that the circumstances she describes come at the issue from a different angle. Either way, what she describes is clearly appalling, and we should not be rewarding such behaviour by granting leave to remain in this country. Indeed, where someone is convicted of an offence, we should be looking to take all steps to remove them from this country.
Tessa Munt
I welcome the broad outline of what the Minister is describing in this draft order. I just wanted to highlight that particular case, which is very distressing for the constituent concerned.
Sarah Sackman
Indeed, and the hon. Lady is very welcome to write to me about that specific case, if the Ministry of Justice is the appropriate place to deal with it. Of course, I will respond to her, but it may well be a question for the relevant Home Office Minister.
Secondly, this draft order will make changes to the evidence requirements that victims of domestic abuse must satisfy to receive legal aid. Acceptable forms of evidence are set out in schedule 1 to the Civil Legal Aid (Procedure) Regulations 2012. Currently, certain forms of overseas evidence are accepted as evidence of domestic abuse. For example, legal aid applications may include supporting documentation concerning an arrest or a police caution abroad. However, evidence of domestic abuse from overseas medical practitioners is not currently accepted. The Government wish to change regulations to enable evidence from appropriate health professionals who are licensed and registered overseas to be accepted for legal aid applications. That will enhance the ability of victims to take action against perpetrators.
Thirdly, the draft order will amend the terminology within LASPO and associated regulations to align with the Domestic Abuse Act 2021. Since its enactment, terminology across Government has moved away from “domestic violence” towards “domestic abuse” to recognise explicitly that perpetrators can often use more than just physical violence to harm an individual. Within its definition of “domestic abuse,” the 2021 Act describes such behaviour as including “physical or sexual abuse,” “violent or threatening behaviour,” “controlling or coercive behaviour”, “economic abuse” and
“psychological, emotional or other abuse”.
The inclusion of the term “economic abuse” in this definition rather than “financial abuse,” which is currently used within LASPO, also reflects a shift in recent years to acknowledge explicitly that abuse often goes beyond interfering with money and finances to include broader economic resources, such as housing, possessions and clothing.
Further, the Domestic Abuse Act expressly states that domestic abuse of an individual includes
“conduct directed at another person”.
For example, an abuser may direct behaviour towards a child in the household to facilitate or perpetuate the abuse of their partner. The definition of “domestic violence” in LASPO recognises that abuse extends beyond physical violence and therefore implicitly includes abuse directed at third parties. By updating the LASPO terminology to align with wording used in the Domestic Abuse Act, we aim to reduce the risk of victims perceiving that the abuse they are experiencing is out of scope for legal aid funding.
Finally, the draft order complements previous statutory instruments that made provision for bringing legal aid into scope for victims, third parties and those subject to domestic abuse protection orders and domestic abuse protection notices. DAPOs and DAPNs, as they are known, are new orders that are now available in Greater Manchester, three London boroughs—Bromley, Croydon and Sutton—and Cleveland, and are used by the British Transport police in those areas. We will shortly be extending DAPOs and DAPNs to north Wales.
The draft order makes further changes to LASPO and the Criminal Legal Aid (General) Regulations 2013 to bring other aspects of the Domestic Abuse Act in relation to DAPOs and DAPNs within scope of civil and criminal legal aid. These changes will help to ensure fuller availability of legal aid for individuals in respect of these orders. These technical changes are designed to address unintended gaps in provision.
To conclude, the draft order will make legal aid available to some of society’s most vulnerable people, furthering this Government’s ambition to support victims of domestic abuse.
(1 year, 8 months ago)
Commons ChamberMy hon. Friend, the Chair of the Justice Committee, identifies a subject that might well be useful for his Committee to examine.
Tessa Munt (Wells and Mendip Hills) (LD)
A young person I know was involved in an incident at 16. Can the Minister assure me that, because delays to going through the youth justice system have meant that that young person has not had the case adjudicated, that young person will not be adjudged an adult if they pass their 18th birthday when a conclusion is reached?
The hon. Member draws attention to an issue. If she would like to write to me about that particular incident, I will write back to her.
(1 year, 9 months ago)
Commons ChamberMy hon. Friend makes the case well for why David Gauke is the right person to lead this review. As I said, he brings deep expertise to this debate. I am sure that the sentencing review panel will be interested, as many are, in some of the pilots that are being run on problem-solving courts, and also in the family courts.
Tessa Munt (Wells and Mendip Hills) (LD)
What measures is the Lord Chancellor taking to ensure that the review considers the impact of sentencing polices on different socioeconomic groups, and addresses concerns about disproportionate sentences for marginalised communities and minority groups?
The hon. Member raises an important point. That issue is not within the review’s terms of reference. It will not consider disparities in sentencing because it is looking at the overall sentencing framework, and how we ensure that we never run out of prison places again. There is an important debate on disparities in the criminal justice system. The review on sentencing is not the proper place for that, but we will take forward that other work in due course.
(11 years, 5 months ago)
Commons ChamberI think the hon. Gentleman should tread carefully, given that the number of foreign national offenders in our prisons doubled while his party was in power and has come down while we have been in power. On a serious note, I share his frustration. I want to see removals speeded up. I can tell him that we now have the first prisoners taken back on the prisoner transfer agreement with both Nigeria and Albania, but he is right that there is further progress to be made.
Tessa Munt (Wells) (LD)
Is the rehabilitation work with prisoners with a drug problem robust enough now to mean that the Secretary of State’s Department has finally halted the practice of retoxification of prisoners in anticipation of their release?
(11 years, 8 months ago)
Commons ChamberI have not yet done so because the matter arose very recently, but the hon. Gentleman makes a good point and I will follow it up.
Tessa Munt (Wells) (LD)
I thank the Justice Secretary for his statement. He raised questions about communications between a relevant MP and his or her constituents in prison and those between prisoners and an MP’s staff. Was he suggesting that the exclusion of calls from MPs’ Westminster and local offices from the surveillance by prison authorities from now onwards will cover MPs’ staff, or was he trying to differentiate between the two? This is not rocket science. Confidentiality is of supreme importance.
This provision will cover all phone numbers for MPs, their offices and their staff that have been placed in the public arena and to which we have access. If Members have other numbers that are not readily available on the system, but that they wish to be covered by the new provision, I ask them to please let us know. The Under-Secretary of State for Justice, my hon. Friend the Member for South West Bedfordshire (Andrew Selous) will be writing to them to ask them to do so.
(11 years, 8 months ago)
Commons Chamber
Tessa Munt (Wells) (LD)
T7. Yesterday Edward Graham, a retired serviceman, was sentenced by court martial to 13 years after being found guilty of 23 counts of sexual abuse against children. It is my understanding that he will be held in a civilian prison and that the appeal will by heard by a civilian court. What will the Secretary of State do to ensure that all future cases that do not involve matters only of military discipline are always tried in a civilian court, where the process is open to press and public scrutiny?
I am aware of this case, but at the time of the offences, this man was serving in the armed forces on a military base abroad, and it is right and proper that such a case be held in a military court.
(12 years, 5 months ago)
Commons Chamber
Tessa Munt (Wells) (LD)
I have had a similar case in my constituency. The inquest has now taken place, Mr Speaker. James was in his 20s, and he was mentally ill. He was restrained and, unfortunately, died in police custody. When the police force in question has access to unlimited legal advice and expertise at no quantifiable cost, is it not an outrage that the parents, who are so vulnerable at a time like that, should be asked to seek advice from a local solicitor who is not an expert in mental health or deaths in custody?
Mr Byrne
Let me deal with a point directly. The family did not choose to be in this position; the Coroners Act 1988 demands an inquest. We in this House are the people who insist on the position my constituents are now in, and we do so for a very good reason: we want to know what happened. Our predecessors in this Parliament felt so strongly about the unchecked actions of an arbitrary state that they deposed the monarch and fought a war to insist on the liberty of the individual and a measure of their protection—we want to know what happened.
Well, the previous Government made provision for it but they did not implement it. I do not know when it will be implemented, but I am happy to reflect on that matter and write to the right hon. Gentleman. Let me put on the record that the criteria under the Access to Justice Act still apply, as that was the Act that was applicable when Mr Butler’s case first arose.
Tessa Munt
I shall be brief. When the Minister is reviewing the situation, will he consider whether it is appropriate for applicants to be pressured—there is no other word to describe it—to seek local and non-specialist advice from solicitors and therefore barristers who have no knowledge about taking on something such as a police force, with all its expertise?
I hope that the hon. Lady will appreciate that I cannot comment on pressures in the individual cases to which she is alluding or on specific cases.
Guidance issued by the Lord Chancellor under the 1999 Act says on contributions:
“Where it is appropriate for a contribution to be payable this may be based upon the applicant’s disposable income and disposable capital in the usual way ignoring upper eligibility limits. Contributions should always be based on what can reasonably be afforded by the applicant and his or her family in all the circumstances of the case.”
It is worth underlining that we do not have a red-line rule on financial eligibility for inquests in the same way as we do for most other categories of law for which civil legal aid is available. There are a large number of variables, as I have mentioned, that the Legal Aid Agency considers when deciding whether to exercise its discretion to waive the limits.
It is also worth making it clear that, contrary to certain reports, there has been no substantive change to legal aid provision for inquests as a result of the recent reforms to the system. On that issue, both the right hon. Gentleman’s party and mine are in agreement. Let me assure the House that legal aid for inquests has been protected by this Government.
Legal help—in other words, the advice and assistance level of legal aid—remains within the general scope of the scheme, subject to merits and means-testing. That can cover all the preparatory work associated with the inquest, which might include preparing written submissions to the coroner. Notwithstanding the pressure on the public finances, the Government made a clear commitment to bereaved families by ensuring that legal help was retained in inquest cases.
Legal aid for representation can also be provided exceptionally where certain criteria are met. Those criteria have remained largely unchanged from those that operated under the 1999 Act. Let me be clear that under the new statutory scheme all individual decisions on legal aid, including exceptional funding decisions, are taken by the director of legal aid casework at the Legal Aid Agency.
However, the Lord Chancellor has published guidance setting out the general circumstances in which he considers that exceptional funding may be required under section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The director of legal aid casework is not bound by that guidance, but he must have regard to it when reaching individual decisions, together with any representations made by applicants on the individual case or any new and relevant case law.
Under section 10 of LASPO, the director of legal aid casework can grant exceptional funding for representation at an inquest where it is required by article 2 of the European convention on human rights, to which the right hon. Gentleman referred. Article 2 confers a “right to life” and imposes on states a substantive obligation not to take life without justification and to establish a framework of laws, precautions and means of enforcement that will, to the greatest extent reasonably practicable, protect life. The other ground on which the director can grant funding for representation at an inquest is where representation for the family is likely to produce significant wider public benefits, meaning significant benefits for a class of person other than the members of the family involved.
On the coronial system, I know that concerns persist about the length of time some cases take to progress. The Coroners and Justice Act 2009 includes a number of provisions that will help to tackle delays in the coronial system, including a new power for the Chief Coroner to direct a coroner to conduct an investigation into a death. There is now greater flexibility on where post-mortem examinations and inquests can be held. They can now happen outside the coroner’s area.
The 2009 Act also requires coroners to notify the Chief Coroner of any investigation that has lasted more than 12 months. The Chief Coroner is then required to provide a summary of such cases in his annual report to the Lord Chancellor, which is laid before Parliament, together with reasons for the delays and any steps he is taking to prevent such delays from becoming unnecessarily lengthy.
While this debate has focused on legal aid, the coronial system and the police, there is, of course, a broader issue at stake. Let me be clear that the Government take deaths in custody extremely seriously. Deaths in custody are among the most scrutinised of all incidents. All deaths in custody are subject to a number of investigations, including, in the case of police custody, an independent investigation by the Independent Police Complaints Commission. Of course, an inquest is also held. Those investigations will usually involve the participation of the bereaved family.
I should like to acknowledge the ongoing work of the ministerial council on deaths in custody, which incorporates senior decision makers, experts and practitioners in the field. This allows for an extended, cross-sector approach to deaths in custody and is designed to ensure better learning and sharing of information. The council works to ensure that lessons learned in any area of state custody are disseminated across the police, prisons, approved premises, immigration, detention, and secure hospitals. The council commenced operation in 2009 and is jointly funded by the Ministry of Justice, the Department of Health and the Home Office. The House will want to know that funding has been extended until March 2015.
Let me again thank the right hon. Gentleman and all other hon. Members who have spoken. I hope that I have been able to offer some reassurance as to the position concerning legal aid, what the Government are doing to tackle delays in the coronial system, and the Government’s position on deaths in custody more generally. To the extent that there are matters outstanding, I am happy to write to the right hon. Gentleman and, indeed, to have a meeting with him as well, although, as I say, my ability to influence the Legal Aid Agency is somewhat limited.
Question put and agreed to.