29 Vicky Ford debates involving the Ministry of Justice

Mon 11th Mar 2019
Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Mon 4th Mar 2019
Wed 23rd Jan 2019
Tue 4th Sep 2018
Civil Liability Bill [Lords]
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons

Oral Answers to Questions

Vicky Ford Excerpts
Tuesday 23rd April 2019

(5 years ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer
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I am very pleased that the hon. Lady has highlighted that we have already committed to doing a review of the threshold for legal aid across the board, not just in relation to criminal law but civil law as well. It is very important that we get that review right. Legal aid has not been uprated for a number of years. We have committed to doing that, but not only that—we have already started the review.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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4. What recent steps he has taken to tackle violence in prisons.

Alex Norris Portrait Alex Norris (Nottingham North) (Lab/Co-op)
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10. What recent assessment he has made of trends in the level of violence in prisons.

Rory Stewart Portrait The Minister of State, Ministry of Justice (Rory Stewart)
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I am sure that the whole House will join me in expressing our deep horror at the recent attack against a prison officer in Nottingham prison. It is completely horrifying to see this happen. It must not happen again. We owe a huge debt of gratitude to our prison officers for the work they do in very difficult circumstances keeping us safe. There are three main things we can do to stop this kind of thing happening again. We need to improve perimeter security, which means really searching people for weapons and drugs at the gate; we need to make sure that the conditions in the prison are decent and work; and, above all, we need to provide the training and support for prison officers to have the right kind of relationships with prisoners whereby things like this do not occur again.

Vicky Ford Portrait Vicky Ford
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My hon. Friend the Minister vowed that if prison violence did not decrease, he would resign. I, for one, think that we have seen too many members of the Government resign. Could he give us an update on his own ambitions to stay in post?

Rory Stewart Portrait Rory Stewart
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As some people in the House will be aware, I promised to reduce violence in 10 key challenge prisons over a 12-month period. At the moment, the figures are looking reasonably positive. In other words, it looks as though, in the majority of these prisons, violence is coming down so hon. Members may be in the unfortunate position of still having me at this Dispatch Box in a few months’ time.

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]

Vicky Ford Excerpts
Lord Goldsmith of Richmond Park Portrait Zac Goldsmith
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I could not agree more strongly. In fact, partly on the instruction of Nimco Ali, I am co-chair of the all-party parliamentary group on female genital mutilation. Early on, the APPG took evidence from a wide group of people, all of whom had been through different degrees of FGM themselves, and it was clear talking to them that their lives have, in many respects, been defined by what they went through. They were all committed to campaigning to stamp out this practice, and none of them would have any truck with the argument that this is a cultural practice and that it would be insensitive for the British Parliament to try to legislate against it or for the Department for International Development to commit funds to try to prevent the practice.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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I thank my hon. Friend for the huge amount of leadership he has shown on addressing this hideous crime. This is a busy night in British politics, but does he agree that the fact so many of us are present this evening is a real sign that this House says every single action must be taken to rule out this crime in our country?

Lord Goldsmith of Richmond Park Portrait Zac Goldsmith
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I could not agree more, and I am grateful to colleagues for being here to take part in this debate. I do not want to jinx it, but I hope this simple Bill will go through without a Division, which makes the presence of so many Members even more valued.

The anti-FGM legislation in the UK is not insubstantial—we have actually done a fair bit. FGM has been illegal here since the Prohibition of Female Circumcision Act 1985, which was replaced by the Female Genital Mutilation Act 2003 that made it illegal to assist someone performing FGM or to commit FGM abroad. The Serious Crime Act 2015 amended the 2003 Act to introduce mandatory reporting of FGM and to create the FGM protection orders that courts can issue to protect girls who have been or may become victims of FGM, which could include, for example, forcing the surrender of a passport to prevent travel abroad.

In addition to those laws, we can collectively be proud that we have taken a lead globally. The UK was the first country in the world to create a dedicated anti-FGM aid programme, with an initial tranche of £35 million pledged in 2013. Only a few weeks ago, my right hon. Friend the Secretary of State for International Development committed a further £50 million, which has yet to be allocated, for the one purpose of helping countries around the world, but mostly in Africa.

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Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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I am delighted to support the Bill tonight. FGM is a hideous crime that has no place in our society, and I am pleased it has been illegal in the UK since 1985 when a law was introduced by the then Conservative Government. The law was tightened up again in 2015 by a Conservative-led Government, which is why it is completely correct that this Government are leading the work again tonight.

It is estimated that 200 million girls and women across the world, over 130,000 of them in the UK, have been subjected to FGM. It has been independently suggested that some 60,000 girls and women in this country are at risk today. We know that, for many of those girls, FGM often happens in another country, which is why it is crucial that we continue to support the work of DFID to make sure our young girls and women are protected not only in the UK but overseas.

I want to use my time to give a strong shout out for DFID’s work. People often ask us on the doorstep what we get from the DFID budget, so I will set out some of the things we are doing with it. Since 2013, DFID-supported programmes have helped more than 8,000 communities—that is 24.5 million people—pledge to abandon FGM. We have helped to make the practice illegal in Gambia, Nigeria and Mauritania, and we have helped Burkina Faso, Egypt and Uganda to strengthen their laws. More than 3 million girls and women have received FGM protection and care due to the work of DFID-supported projects.

The new £50 million programme in Africa will go to projects that seek to change attitudes by supporting grassroots activists, youth initiatives, doctors, midwives and nurses to help end FGM all over Africa. A total of £15 million is going into Sudan to reduce the social acceptance of FGM, and another £12 million will go to the UN trust fund to help protect women and girls in some of the world’s poorest countries from practices such as FGM, child marriage and domestic and sexual violence.

In our debate on Thursday for International Women’s Day, I pointed out that girls in developing countries are two and a half times more likely than boys not to attend school and three times more likely than boys to be a victim of modern slavery. Through DFID, the Government are supporting work across the world not only to reduce and stop FGM but to stop violence against women and to help all girls get the education they deserve. I am thankful for this Bill.

Privatised Probation System

Vicky Ford Excerpts
Monday 4th March 2019

(5 years, 2 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Rory Stewart Portrait Rory Stewart
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Yes, it is. Big lessons need to be drawn from it, not just for the purpose of probation reforms but for the purpose of any other reforms that we make in government. One of the big issues concerned is our ability to predict the consequences of large-scale system change, and in particular to predict the shifts in caseload. As the National Audit Office points out, there was a modelling of a 2% shift, and the reality was a 48% shift. Drilling down into how that advice was given and responded to is one of the ways in which we can draw those lessons.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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In Chelmsford, we have a very busy prison and people want to know that when people leave prison they do not reoffend. Can the Minister confirm that although some people have gone on to reoffend more, the number of people reoffending has reduced?

Rory Stewart Portrait Rory Stewart
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First, may I pay tribute as always to my hon. Friend, who has been a real supporter of the prison officers in her prison and the turning around of Chelmsford prison? It is true that the frequency rate of reoffending has gone up, which means that very prolific offenders continue to offend more, but the absolute number and proportion of people reoffending has decreased—the binary rate has come down—and that is a good thing and worth celebrating.

Legislation against Female Genital Mutilation

Vicky Ford Excerpts
Monday 11th February 2019

(5 years, 3 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lucy Frazer Portrait Lucy Frazer
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The hon. Lady cares deeply about protecting vulnerable people, and I am pleased to have met her to discuss a number of matters in the family justice sphere. She makes a number of important points.

It is essential to protect women and girls, and since 2015, the Government have introduced a number of measures to ensure that they are protected. As I have said, the Bill will be dealt with in Government time, but let me clarify what it does. It is not the case that without it, women and girls do not have protection; we introduced protections in 2015. What the Bill will do is enable a judge to make a care order during the same proceedings.

The hon. Lady makes another important point about the number of protection orders. She said that more than 200 had been issued since September. In fact, the number has gone up to 296; so just under 300 protection orders have been granted since their introduction at the end of September 2018.

I want to make a final point because a number of Members rightly identified that not enough prosecutions are successful, and this is a very important point that we must tackle. We are tackling it in a number of ways, through funding for education and through the bringing of legislation, but these are very difficult cases to prosecute for a number of reasons: cultural taboos, lack of information from affected communities and the fact that the age of the vulnerable girls might prevent them from coming forward. The issue we have in this country is not isolated; there is a very low prosecution rate for these kinds of offences across Europe, but this Government are committed to doing whatever we can to protect these girls further from this terrible crime.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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FGM is barbaric and also illegal, and I thank this Government for bringing in FGM protection orders. Can the Minister confirm that closing this specific loophole to make sure the protection orders can come within the definition of family proceedings will be dealt with not only in Government time but as a matter of urgency within Government time?

Lucy Frazer Portrait Lucy Frazer
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As my hon. Friend identifies, this is an important matter. It will come before the House in Government time; as the Chief Whip has indicated, this is a matter that he would like to proceed with, as would the Government.

Oral Answers to Questions

Vicky Ford Excerpts
Tuesday 5th February 2019

(5 years, 3 months ago)

Commons Chamber
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Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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5. What steps the Government are taking to tackle violence in prisons.

David Gauke Portrait The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)
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The scourge of violence in prisons must be tackled. To do this, we need to get the basics right. We have strengthened the frontline with more than 4,300 new staff so that we can run full, purposeful regimes, and we have moved to a new key worker model to support prisoners. We are also supporting prisoners with measures to tackle drugs and to make the physical environment in prisons decent and safe.

Vicky Ford Portrait Vicky Ford
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We know that a positive working relationship between staff and prisoners is key to running safe, decent prisons. Will my right hon. Friend tell us more about what is being done to improve the relationship between staff and prisoners?

David Gauke Portrait Mr Gauke
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My hon. Friend is absolutely right, and I pay tribute to the work that she does in this area. I know that she is a frequent visitor to Chelmsford prison in her capacity as its constituency MP. In fact, I understand that she might almost have her own cell there, such is the regularity of her visits. She highlights the important relationship between prison officers and prisoners. We are introducing the key workers programme across the prison estate, and the early signs are that it is making a positive difference in terms of relationships and of reducing violence. There is more work that we need to do, but I am pleased that we are able to do that and to ensure that prison officers get the training they need to make best use of it.

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Rory Stewart Portrait Rory Stewart
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That is a highly technical question. I will look into it and get back to the hon. Lady.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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T6. People were shocked to read that over half the knife crime in London is associated with teenagers or children. Can my right hon. Friend reassure the House that he is working with the Home Office to ensure that the new knife crime protection orders will effectively target children who are carrying knives and not end up putting into custody children who are at risk but have never carried a knife?

David Gauke Portrait Mr Gauke
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My hon. Friend raises an important point. We are working with the Home Office to ensure that these orders are truly preventive in nature and put children on the right path away from a life of crime. These orders will give the police the opportunity to intervene earlier, and the court can include in the order a range of conditions that can be both prohibitive and proactive. They will be used only if the court is satisfied on the balance of probability that the child has carried a knife, or if they have been convicted of a relevant criminal offence and the order is necessary to protect the public or prevent crime. Sentencing is, of course, for the judge, but we are consulting on these proposals.

Courts IT System

Vicky Ford Excerpts
Wednesday 23rd January 2019

(5 years, 3 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Stephen Pound Portrait Stephen Pound
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Very good, Sir!

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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The listing team in Chelmsford administers the calendars and diaries for all Essex and Suffolk magistrates and county courts—that is more than 30 different courts sitting every day—so when the computer systems have been down it has been an administrative nightmare. I am glad to hear that nine out of 10 computers are back up and running and that we expect full service back tomorrow. Will my hon. and learned Friend confirm that this incident was not because of a cyber-attack and that there has been no loss of data, and will she let us know what is being done to make sure that this situation does not recur?

Lucy Frazer Portrait Lucy Frazer
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As a diligent MP working for her constituency, my hon. Friend raised the particular issue of the Chelmsford courts with me yesterday, and I was pleased to tell her yesterday that Chelmsford Crown court was included in the sites that were fixed last night. We are currently working on, and perhaps might even have fixed, the combined family and county court, and hope that they will be online. I can confirm to my hon. Friend that this incident was not the result of a cyber-attack.

Oral Answers to Questions

Vicky Ford Excerpts
Tuesday 18th December 2018

(5 years, 4 months ago)

Commons Chamber
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David Gauke Portrait Mr Gauke
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We are keen to develop specialist education plans when people come into prisons, because that is when we need to identify issues such as those that the hon. Lady has mentioned. However, the really important point that she has raised is the need for us to work across Government. It is not just about what happens in the Prison Service or the Ministry of Justice; we need to co-ordinate with, for instance, the national health service, the Department for Work and Pensions and local authorities. If we are to turn people’s lives around, we need a cross-Government approach. I am pleased that the Reducing Reoffending Board has been established, and that there is a real willingness across Government to make progress.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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9. What recent steps the Government has taken to tackle the use of drones over prisons.

Rory Stewart Portrait The Minister of State, Ministry of Justice (Rory Stewart)
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Preventing drones from going into prisons is, of course, a huge priority. First, that means working to identify and catch the criminal gangs who are flying them in; secondly, it means electronic measures to interrupt the drones and make it possible to interrogate those people; and, thirdly and most fundamentally, it means protective security. For example, Mr Speaker, if there is a good grille on the window, you cannot stick your hand out of the window and take the drugs from the drone.

John Bercow Portrait Mr Speaker
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That is a useful piece of practical advice from the Minister. I am deeply indebted to him.

Vicky Ford Portrait Vicky Ford
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Drug use in prisons frequently fuels serious violence, but those who fly the drones or throw the drugs over the walls often receive little more than a ticking off. What more can be done to dissuade people—especially young people— from such behaviour?

Rory Stewart Portrait Rory Stewart
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I know that my hon. Friend does wonderful work with the prison in her constituency. As she says, we need to take action, and we are taking action. There have been 40 convictions of people using drones, and we have imposed 140 years’-worth of prison sentences. No one should be in any doubt that importing drugs into prisons with a drone is a very serious crime, and I am pleased to say that, thanks to the Department’s work since 2015, we are getting on top of the problem.

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David Gauke Portrait Mr Gauke
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I certainly cannot give that answer this morning, but of course there is no intention to revoke article 50.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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T5. In Chelmsford, the police, the Crown Prosecution Service and the youth offender programme have occasionally recommended that a young offender be placed on a curfew in order to safeguard that young person from being further targeted by criminal gangs, but sometimes the magistrates are not fully aware of the circumstances and overturn the curfew. May I encourage Ministers to encourage the magistrates to work more closely on sharing information between services, so that the full information can be taken into account?

Edward Argar Portrait Edward Argar
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It is of course for magistrates to make decisions and they do have the right to overturn recommendations. However, as my hon. Friend says, when making those decisions, they should be in possession of the full facts from the youth offending teams, the police and the CPS. She is right to highlight the importance of information sharing and sharing that information in good time. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), and I continue to work on that.

Oral Answers to Questions

Vicky Ford Excerpts
Tuesday 13th November 2018

(5 years, 6 months ago)

Commons Chamber
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David Gauke Portrait Mr Gauke
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Since the introduction of the minimum custodial term in 2015, people who are caught for repeat possession of a knife are now more likely to go to prison. Recent statistics show that 83% of offenders received a custodial sentence, which is an increase from 68% in the year ending June 2015. It is also worth pointing out that average custodial lengths are also going up—from 7.1 months in the year ending June 2017, to 7.9 months in the year ending June 2018.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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When a prisoner commits a serious violent offence in prison, will Ministers take action to ensure that prosecutions for such offences result in additions to the prisoner’s sentence, not concurrent sentences?

David Gauke Portrait Mr Gauke
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My hon. Friend raises an important point. Of course, the House recently passed legislation to increase sentences for violent crimes committed against prison officers and other emergency workers. It is right that we do so, and these matters need to be taken very seriously. It is important that the police, the Crown Prosecution Service and prison authorities work closely to ensure that we do not allow this activity to continue.

Oral Answers to Questions

Vicky Ford Excerpts
Tuesday 9th October 2018

(5 years, 7 months ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer
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As I mentioned, we are looking into this, and we will, I hope, very shortly launch our call for evidence, which will look at a number of issues.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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People in Chelmsford are concerned about levels of violence in the prison, and they want to know that prison officers are safe. Will pepper spray help?

Rory Stewart Portrait Rory Stewart
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This morning, we announced that officers will be able to carry pepper spray on their belts. This is to be used as a last resort, in the same way as a baton would be. It means that if, for example, a prisoner was in the process of stamping on another prisoner’s head, an officer could intervene safely from a distance to resolve the incident and potentially save lives. It is only one measure, along with a dozen other measures that we have to take to improve safety in prisons, but it is an important measure to protect the people who protect us.

Civil Liability Bill [Lords]

Vicky Ford Excerpts
2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 4th September 2018

(5 years, 8 months ago)

Commons Chamber
Read Full debate Civil Liability Act 2018 View all Civil Liability Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 110-I Marshalled list for Third Reading (PDF, 56KB) - (26 Jun 2018)
David Gauke Portrait Mr Gauke
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This must be put in the context of a package of measures we are taking that seek to address the significant problem that exists, which I have sought to sketch out and which other hon. Members have highlighted: the very considerable cost that motorists face in insurance premiums as a consequence of whiplash claims, a number of which are clearly not genuine. Given that the number of road traffic accidents is falling yet the number of claims is going up, it is right that we take action.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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Four years ago, my family and I had a large car crash. Ever since then, I have been pestered, almost continually, by unwanted phone calls from people trying to encourage me to fraudulently claim for whiplash. Will this Bill stop that?

David Gauke Portrait Mr Gauke
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In combination with the other measures that we are taking, I think that we are really able to address the problem that my hon. Friend has so eloquently highlighted and that she has personal experience of. What she has highlighted is that we do have a problem and that we do need to take action, and that is exactly what this Bill does.

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Richard Burgon Portrait Richard Burgon
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The evidence does not bear that out. Proven fraudulent whiplash claims amount to 0.25%. To hear some Conservative MPs, we would think that the majority of whiplash claims were fraudulent, when only 0.25% have been shown to be. It is not justice if the honest vast majority are penalised because of a tiny dishonest minority. That is no way to reform things or make the law.

Vicky Ford Portrait Vicky Ford
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Will the hon. Gentleman give way?

Richard Burgon Portrait Richard Burgon
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I have to make some progress, I am afraid.

The Government have said that they will drop vulnerable road users from their reforms. They should indeed do so, but they should also concede that the inclusion of people injured at work is equally unjustified.

It is not only we who oppose these measures. The Justice Committee concluded that

“increasing the small claims limit for personal injury creates significant access to justice concerns.”

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Richard Burgon Portrait Richard Burgon
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That is a very important point indeed. All too often, the human experiences of the individuals who have been injured or discriminated against at work are forgotten. I thank my hon. Friend for bringing that perspective to bear.

Vicky Ford Portrait Vicky Ford
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I agree that people who are injured should receive fair compensation, but when 47p of every pound paid out is going to lawyers, does the hon. Gentleman not agree that unless we reform this, we risk finding that young drivers and vulnerable people cannot get affordable insurance?

Richard Burgon Portrait Richard Burgon
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Right across the justice sector, the real targets of the Conservatives’ reforms have not been lawyers, but ordinary people. That is the reality.

I will move on to the measures that the Government have included in the Bill. We are very concerned by the tariff system, which would fix the amount of compensation in so-called minor whiplash claims. I will come on to the fraudulent claims later and the measures—or lack of measures—to tackle that in the Bill. However, the reality is that even if the Government’s case about the scale of that problem were correct—I note that the Commons Library says clearly that it is “not universally accepted”—the way the Government are seeking to resolve this would still be wrong. The Government’s main proposal to tackle fraud is to penalise genuine whiplash victims. The proposed new levels of compensation under the tariff system are significantly lower than current average compensation payments. Surely that is unfair.

For example, compensation for an injury lasting up to six months would fall to a fixed £470, down from a current average of £l,750. For an injury lasting 10 to 12 months, compensation would be £1,250, down from a current average of £3,100. For an injury lasting 16 to 18 months, it is £2,790, down from £3,950. Those are considerable drops in compensation for injured people. This will make a real difference to working people and their families in the worst possible way. It is a crude and cruel policy that penalises genuine victims. Who really stands to gain? It will be insurers who will be excused from paying full compensation, even where negligence has occurred.

There was widespread discontent among legal experts in the Lords regarding this tariff approach. Lord Woolf, former Lord Chief Justice of England and Wales, said:

“it results in injustice and it is known to result in injustice. Indeed, no one can deny that it results in injustice.”—[Official Report, House of Lords, 12 June 2018; Vol. 791, c. 1620.]

Lord Judge, another former Lord Chief Justice of England and Wales, said:

“We cannot have dishonesty informing the way in which those who have suffered genuine injuries are dealt with. That is simply not justice.”—[Official Report, House of Lords, 12 June 2018; Vol. 791, c. 1600.]

In a very powerful intervention, Baroness Berridge said:

“I have met many a claimant for whom the difference in damages now proposed by the introduction of the tariff…is a significant matter for many peoples incomes up and down this country. I cannot have it portrayed that this might not make a great deal of difference to many ordinary people in the country…in this Bill, the intended consequence…will be to affect that group of people.”—[Official Report, House of Lords, 12 June 2018; Vol. 791, c. 1611.]

Baroness Berridge is of course a Conservative party peer.

One key point in our opposition is the slashing of compensation for genuine claimants. Another is that it will be the Lord Chancellor setting tariff levels, which risk becoming a political football or, rather, being reduced ever further by the powerful insurance industry lobby. Tariffs are a rather blunt instrument; people should simply get the correct compensation for the specific injuries they have suffered. As former Lord Chief Justice Lord Woolf says, establishing the correct level of damages is

“a highly complex process of a judicial nature”—[Official Report, House of Lords, 12 June 2018; Vol. 791, c. 1593.]—,

and damages might vary from case to case, making the fixed tariff inappropriate. We will therefore propose amendments to delete the power for the Lord Chancellor to set the tariff.

If the Government are set on going ahead with tariffs, the judiciary should be involved in setting them. The Judicial College currently issues guidelines with levels of damages for different injuries. Lord Woolf stated:

“they have been hugely important in the resolution of personal injury claims.”—[Official Report, House of Lords, 12 June 2018; Vol. 791, c. 1594-95.]

I hope that those across this House who profess to defend the independence of the judiciary would agree that tariffs should be determined by the Judicial College and not by political actors, of whatever political persuasion. We will be pursuing amendments to that effect.

That is not an end to the powers that the Lord Chancellor is accumulating. This Bill even allows him to define whiplash. Surely, it would be more appropriate for the definition to be set by medical experts rather than politicians, especially when an incorrect definition could mean people with injuries much more serious than whiplash having them classified as such.

The Government’s justification for genuine claimants suffering substantial reductions in damages is reducing the incidence of fraudulent claims. The Government give the impression that it is an uncontested point that fraud is at the levels that the insurers claim, but that is contested. That is not to say that there are not fraudulent cases—of course a small minority of cases are fraudulent—but we need to properly understand the problem if we are going to have genuine solutions.

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Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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A robust and fair system for motor insurance is key to making sure that drivers, passengers, pedestrians and, indeed, all road users are protected. Before I talk about the Bill, may I give a shout out to all road users? It is our first day back after recess and I am sure that everyone has their highlights. One of mine was rising to the challenge laid down by my local riding school in Chelmsford to get up on a horse again after many years and experience what it is like to be in the saddle on Essex roads. Most drivers are great, but some do pass too fast. I pay tribute to the British Horse Society, Cycling UK, British Cycling and the charity Brake for all the work they do to minimise the number of accidents on our roads.

When there is an accident, it is absolutely right that people who are injured are fairly compensated for their injuries and that compensation money must get to those affected. I have learned, however, that for every £1 paid in compensation, 47p is spent on lawyers, so I think things have got out of kilter. Indeed, nine out of 10 people believe that the legal cost of settling a motor insurance claim is too high. I believe that their concerns are justified, because when the costs go up, it is the consumer who bears the price. Many people, especially young people, find that motor insurance premiums are now unaffordable. They simply cannot afford to drive.

Of course, a lot of factors affect the costs of a claim, one of which is the discount rate. When the discount rate goes down, the compensation level in today’s money goes up, so that rate must be fair. There is plenty of evidence that the UK rate is artificially low. It does not reflect the actual way in which compensation money is invested. At less than 1%, the rate in Britain is lower than that in all other European and common law countries, and it is right that the Bill reconsiders it.

I welcome the Bill’s work to reform whiplash claims, especially in ensuring that any future whiplash claims must be based on medical evidence. Whiplash can be a crippling injury and I repeat that it is absolutely right that those who are injured must be fairly compensated, but there is plenty of evidence that something is going wrong. There has been a huge rise in claims—a 40% increase—despite the fact that the number of accidents is down by 30%.

My personal experience tells me that something deeply sinister is going on. Four years ago, on the way to our summer holiday, my family and I were involved in a terrible accident. We were going across the country, from East Anglia to Anglesey, to catch the ferry from Wales, when we found ourselves going along the M6 upside down at 70 mph. How we stepped out of that car is a miracle. The hours that followed were a complete blur. There were ambulances and the entire family were laid up on trolleys in A&E. But none of us had whiplash. We were so lucky. But sometime during those hours I must have been asked whether I was prepared for my phone number to be shared. Ever since then, I have been continually harassed with phone calls from people wanting me to put in claims for accidents that did not happen. Those phone calls are not only morally wrong; they are deeply insensitive and upsetting. Every time the phone goes, one relives the entire experience. That has got to stop.

Some Opposition Members have said that we should just outlaw those calls, but I am not sure that that is the right way forward. There are genuine whiplash claimants who need to be able to put in a genuine claim. Instead, it would be better to put a handbrake on the system and put in the check that a claim for whiplash cannot be made unless there is genuine medical evidence that is aligned with the claim. That is what the Bill will do, which is why I am so glad to support it and the work that the Government are doing tonight.