Paul Flynn (Newport West) (Lab)
1. What discussions he has had with the Secretary of State for the Home Department of the effects on the size of the prison population of implementation of the provisions of the Drugs Act 2005.
The Minister for Policing and Criminal Justice (Nick Herbert)
We have not recently discussed this specific point, but both the Government’s sentencing and rehabilitation Green Paper and their drug strategy include commitments to encourage drug-misusing offenders into recovery-based treatment.
Paul Flynn
Jailing drug offenders costs taxpayers half a billion pounds a year—£41,000 per prisoner. As health treatments are far better value and more effective, would not it be more sensible to treat drug addicts as patients, not as criminals?
Nick Herbert
It may be more sensible in many cases. That is why we said in the Green Paper that we published before Christmas that we would test options for intensive community-based treatment—both residential and non-residential—and couple that with more rigorous community orders. It is important to have a punitive element for offending as well. The goal should be to ensure that offenders get off drugs, but too often that is not the case.
Mr David Burrowes (Enfield, Southgate) (Con)
Does my right hon. Friend agree that the new drug strategy represents a significant shift from the present treatment system, which is characterised by repetitive assessments and conflicting funding streams, to one of payment by results—those results being the number not of boxes ticked but of addicts in recovery beyond the prison gates?
Nick Herbert
I strongly agree: we do have a problem at the moment. A recent study showed that nearly a fifth of offenders in prison who had ever tried heroin had tried it for the first time in prison. In some cases, offenders get on to drugs, and we also have a problem with treatments, with drug rehabilitation requirements that are not completed. We have to get more rigour into drug treatment. That is why the payment-by-results model that we will pilot to get offenders off drugs, for both community orders and post-release treatment, is such an attractive way forward.
Dr Thérèse Coffey (Suffolk Coastal) (Con)
2. What definition of a long-term custodial sentence his Department uses.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Criminal Justice Act 1991 defines a long-term prisoner as
“a person serving a sentence of imprisonment for a term of four years or more”.
There are still some prisoners serving sentences under the 1991 Act, but the term has not been in use since 2003.
Dr Coffey
I thank my right hon. and learned Friend for that answer. I am sure he is aware that another Department is relying on the definition he provides. A lot of my constituents will be concerned that some serious offences are not attracting the term of four years that he refers to. For example, a rape recently carried a sentence of three and a half years and an armed robbery in which the offender brandished a knife carried a sentence of under four years. If we want to be serious about crime, we have to be serious about sentencing.
Mr Clarke
Nobody draws an arbitrary line. However, I quite agree that serious offences do not always attract four years’ imprisonment. I suspect that my hon. Friend’s reference to another Department concerns the Deputy Prime Minister and a prisoner’s right to vote, which I believe is the subject of the next question. The four-year divide is used for some purposes in the Prison Service: people with more than four years are regarded as unsuitable for home detention curfew before release. The approach to prisoners’ voting rights is an attempt to find a rational threshold above which it makes sense to draw the line. No doubt we will return to that issue—perhaps in a few moments.
Kevin Brennan (Cardiff West) (Lab)
If the term is no longer in use and is arbitrary, why are the Government using it to allow robbers, sex offenders and others the vote?
Mr Clarke
We have taken legal advice on what is necessary. [Interruption.] No doubt the previous Government did so when they consulted and suggested a four-year margin themselves. [Interruption.] They did. They consulted twice on prisoners’ voting rights but were unable to come to any conclusion. No doubt they were desperately panting for the election date in the hope of getting over the line and leaving it to us. They contemplated the four-year figure and we have to draw a line rationally to comply with the legal obligations that the previous Government neither doubted nor cast doubt on.
Mr James Gray (North Wiltshire) (Con)
3. What discussions he has had with the Prison Service on arrangements to enable certain prisoners to vote.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Prisoners given the right to vote under the Government’s proposals will vote by post or proxy in the constituency of their normal residence. That is the basis on which prisoners on remand and prisoners convicted but unsentenced already vote under existing long-established procedures.
Mr Gray
If, as the Government propose, prisoners serving less than four years are given the vote, the vote will be given to 6,000 violent offenders, 2,000 sex offenders, 6,500 robbers and burglars, and 4,500 drug offenders, which any sensible person, including the Prime Minister, I think, would find wholly offensive and unacceptable. Does the Secretary of State agree that it should not be the European convention on human rights that decides matters but Parliament, and will he listen not to the lawyers but to other European countries such as Belgium, where the vote is given to prisoners serving up to four months? Let us make it four months—even better, four days; even better than that, four minutes.
Mr Clarke
I do not think that anyone in government, including my right hon. Friend the Deputy Prime Minister, is under any illusion about the popularity of the proposal to be introduced. We are under legal obligations which no one is suggesting we should repudiate. As I often had to explain when I practised law to dissatisfied litigants who had just lost a case that they would have preferred to win, one can get into more trouble if one seeks to define it. If my hon. Friend wishes really to enrage his constituents and mine, he runs the risk of taking a decision that will result in thousands of prisoners being given compensation for their lost rights and in tens of millions of pounds of expenditure incurred by the taxpayer. We are in government, I am afraid, as I often find myself saying to our Liberal Democrat colleagues, and we have to act responsibly, whatever our inner feelings about the wisdom of the judgment that has been reached in the Court whose jurisdiction we still accept.
Mr David Crausby (Bolton North East) (Lab)
Is the Secretary of State for Justice considering any additional precautions regarding the postal vote for prisoners because, after all, we are dealing with criminals?
Mr Clarke
At the moment, without anybody making any fuss at all, people on remand have been casting postal votes from prison, and have probably been doing so, as far as I am aware, throughout my political career. That is also the case for people who have been convicted but have not been sentenced, including individuals convicted of serious offences. Not many of them bother to do so, and I am not aware that they have ever made a significant difference to the result in a single constituency, but the fact is that we have to address the consequences of this judgment. We propose that, even for those people with a sentence of less than four years, there should be judicial discretion to remove the right to vote as part of the punishment in appropriate circumstances.
All of this can be debated when it comes up, but I urge Members on both sides of the House not to go too far beyond expressing understandable annoyance, and not to begin to commit themselves to a course that would cost the taxpayer tens of millions of pounds, to no particular effect.
Alun Cairns (Vale of Glamorgan) (Con)
I accept the difficulty that the Secretary of State faces, bearing in mind the will of the public and the will of Parliament expressed on both sides of the Chamber. However, what analysis has he made of the situation in Belgium, where a prisoner serving more than four months forgoes the right to vote?
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.
Heidi Alexander (Lewisham East) (Lab)
4. What recent discussions he has had with ministerial colleagues on the likely effect on the expenditure of other Departments of his proposed changes to expenditure on legal aid.
Nic Dakin (Scunthorpe) (Lab)
8. What recent discussions he has had with ministerial colleagues on the likely effect on the expenditure of other Departments of his proposed changes to expenditure on legal aid.
The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)
I have had discussions with a number of ministerial colleagues. Those discussions have covered a range of matters affecting our respective Departments, including the potential impact that our proposals to reform legal aid could have on those colleagues’ Departments.
Heidi Alexander
I thank the Minister for his reply, but may I push him a bit further on the longer-term costs to the public purse of withdrawing legal aid for all education matters? Obviously, that includes school exclusions. Given that the link between exclusions and offending is well documented, is it not a false economy to cut legal aid for that type of case?
Mr Djanogly
The way in which the impact will take shape in each Department—the hon. Lady mentioned education—is complicated because it involves determining whether our proposals will lead to behavioural change. We intend that that should be the case and that alternatives to court and taxpayer-funded remedies should be used to resolve disputes when at all possible.
Nic Dakin
The White Paper suggests retaining legal aid only for cases in which homes are at risk, but all housing cases carry the risk of homelessness if an early intervention is not made. A representative from a legal practice that currently gives advice to 350 people a year in the Scunthorpe area told me yesterday that most clients are referred to it by the citizens advice bureaux and the wider voluntary sector.
Right now, those agencies do not have the capacity to give appropriate support, and given that funding is being withdrawn by the state and local authorities, the system itself is in imminent threat of collapse. Does the Minister agree that if the proposals go ahead without significant additional money being invested in the voluntary sector, necessary early intervention will not take place, leading to higher levels of homelessness at a significantly higher cost—
Mr Djanogly
As the hon. Gentleman intimated, the housing budget for legal aid will have savings. However, he failed to mention that it will go down from some £50 million of spending to £38 million of spending; this area of spend is not going to disappear. If an individual or family are subjected to having their home repossessed or if there is any chance of their losing their homes, legal aid will remain available.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Are Ministers not going to have to take steps to convince people that they will not be put at a disadvantage by appearing before tribunals without legal representation? Is the Minister going to take steps to ensure that voluntary organisations can provide people with the support that they would need to appear in person at tribunals?
Mr Djanogly
My right hon. Friend makes an important point. This issue is wider than purely legal aid; it is also about how we give what is often non-legal advice. To a great extent, that is provided by the not-for-profit sector. I have had some half a dozen meetings in recent weeks with the not-for-profit sector. We also accept that there is a co-ordinating role across Government to ensure that we minimise any gaps.
Mr Julian Brazier (Canterbury) (Con)
May I urge my hon. Friend, in doing this review, to look at the spending of legal aid money on private investigators? There was a case in my constituency in which the Legal Aid Board funded a quite dangerous criminal, well known to the police, in the search for his badly battered wife and small children; it then went on to fund his case without making any effort at all to see whether his claim to be penniless was true. He went on to harass that low-income family; the woman had remarried. I urge the Minister to look into that kind of case.
Mr Djanogly
The question of expenses, which would be included in what my hon. Friend mentions, is mentioned in the consultation document. If he gets in touch with me, I will specifically make sure that it caters to the point that he has raised.
Mr Andy Slaughter (Hammersmith) (Lab)
In answer to a recent question, the Minister stated that appeals against decisions on incapacity benefit were 65% more likely to succeed if the appellant were represented. If we apply that to all areas of social welfare law where he is proposing to cut legal aid, that would mean at least 40,000 people each year losing appeals that they would win today solely because of the lack of representation. In the light of that and of the answer that he has just given to the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), will he withdraw his earlier claim that individuals will be able to prepare their appeals without formal legal assistance, and reconsider these draconian cuts, which will hit the poorest hardest?
Mr Djanogly
In most cases, individuals will be able to appeal to the first-tier social security and child support tribunal without formal legal assistance. Legal aid is not currently available for legal representation as the appellant is required only to provide reasons for disagreeing with the decision in plain language. For those who need assistance on welfare benefits matters, which I think was the point the hon. Gentleman went on to make, advice and assistance is available from, for example, Jobcentre Plus, the benefits inquiry line and the tribunal itself.
Miss Anne McIntosh (Thirsk and Malton) (Con)
5. What his most recent estimate is of the incidence of repeat offending for shoplifting offences; and if he will make a statement.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
In 2008, the rate of reconviction within one year for adults convicted of offences related to shoplifting was 78.3%. That is an unacceptably high rate and, as set out in the Green Paper on sentencing and rehabilitation, we are committed to punishing and rehabilitating criminals and turning them away from a life of crime.
Miss McIntosh
Does my hon. Friend agree that every crime of theft is a crime against society—big society and small society—and that the fixed penalty notices introduced by the previous Government are simply not working to address the issues? Will the Government focus on rehabilitating those who reoffend, particularly if they have a known substance abuse?
Mr Blunt
My hon. Friend is absolutely right. I congratulate her on her efforts in this area, which led to the police guidance being strengthened in July 2009 to restrict the issuing of penalty notices for retail theft to first-time offenders who are not substance misusers and where the value of goods does not exceed £100. She is right to point out that shoplifting is usually associated with drug addiction, and I draw her attention and that of the rest of the House to our proposals on delivering effective payment-by-results schemes to deal with drug addiction in the community.
Mr David Hanson (Delyn) (Lab)
The last year for which figures are available show that 12,500 people are serving a jail sentence of under six months for shoplifting offences. Does the Minister expect his Green Paper to increase or decrease that number next year?
Mr Blunt
I sincerely hope that over the course of the Parliament and by the time we get full implementation of an effective payment-by-results scheme on drug addiction, which will address the principal driver of shoplifting, those numbers will begin to decrease significantly.
Philip Davies (Shipley) (Con)
In 2009—the last year for which figures are available—241 people with more than 101 previous convictions and 13 people with more than 200 previous convictions were convicted of shoplifting but were not sent to prison. Does my hon. Friend think that people with that many previous convictions should not be sent to prison? If so, how many crimes should people commit before anyone thinks about sending these creatures to prison?
Mr Blunt
Plainly I do not agree with my hon. Friend’s proposition. Prison is there for prolific and serious offenders and, by any judgment, the examples he has given are of prolific offenders. I would need some explanation of why there are such cases, where people simply have not responded to the treatments available, particularly in the new environment where we can deliver effective rehabilitation. If such people fail to address that and pick up the services that are made available, they should expect to go to prison.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
6. What recent discussions he has had on research into the effect of imprisonment on reoffending rates among women.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
The Ministry of Justice recently published research showing that reoffending for women offenders under probation supervision was 6 percentage points lower than for similar women who served short-term prison sentences. We also publish a statistical report on women in the criminal justice system that is informed by an independent advisory group. This group has expressed interest in looking at whether reoffending rates for women vary by sentence length in the same way as it does for men.
Tristram Hunt
I thank the Minister for his answer. He will know from Baroness Corston’s 2007 report that much can be achieved to prevent female ex-prisoners from reoffending by proper intervention that addresses drug use, prostitution and domestic violence. Chepstow House in my constituency, which is run by the Brighter Futures housing association, does exactly that—cutting reoffending rates and saving taxpayers’ money. Will the Minister agree to visit Chepstow House in the coming year to show his support for a charity that is putting some of the principles behind breaking the cycle into action?
Mr Blunt
I would hope to have the opportunity to do so, but I cannot promise to do so. I have yet to visit a substantial amount of the prison estate and a number of probation trusts, but I would certainly like the opportunity to visit. I suspect what is underlying the hon. Gentleman’s question is the funding issue. On funding for centres such as Chepstow House, what I can say at this stage is that we have identified funding to sustain those projects that have demonstrated effective performance and we will make an announcement shortly about what will replace the current funding arrangements.
Rehman Chishti (Gillingham and Rainham) (Con)
With regard to imprisonment and reoffending, can the Minister tell the House how the National Offender Management Service is performing and what has happened to the C-NOMIS data system, which was supposed to assist it and cost £161 million prior to 2007?
Mr Blunt
The C-NOMIS information technology system was one of the greater disasters that surrounded the provision of IT under the previous Administration. Rescued out of that has been the P-NOMIS system, which does not deliver quite the co-ordination between probation services and the Prison Service that was intended of C-NOMIS. However, we will continue to work to ensure that we make the proper connections as far and as best we possibly can to ensure that IT properly supports our management of offenders.
Robert Flello (Stoke-on-Trent South) (Lab)
My hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt) spoke about the excellent work done with women offenders by Brighter Futures. I know of the valuable work that is also done by the Saltbox chaplaincy project, which has cut reoffending rates to just 12% even among prolific offenders. However, these fantastic providers, along with many others in the third sector, are at risk of having to cease their effective work because of this Government’s ill-thought-through change to the payment-by-results scheme, which is still in consultation. I welcome what the Minister has said, but before third sector organisations with a track record of success on reoffending rates have to end those services up and down the country and make key staff redundant, is he prepared to give much greater reassurance that programmes will not come crashing to an end this coming March, with the loss of all that good work?
Mr Blunt
As I said, we have identified funding to sustain those projects that have demonstrated effective performance, but, as the hon. Gentleman will be well aware, the Department is not in a position to sustain funding on the current level. A total of £10 million was put aside to set these schemes up, whereupon they were then meant to move to local commissioning. There will be continuing support for the schemes from the Ministry of Justice, but we will be looking to them to win the support of local commissioners. They also have access to the Government’s £100 million transition fund, which is precisely designed to bridge that gap, as well as potential access to the big society bank.
Stephen Phillips (Sleaford and North Hykeham) (Con)
7. What steps he is taking to increase the standard of appointments to the Bench in England and Wales.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Judicial appointments are made solely on the basis of merit. On 9 November, I announced the conclusions of an internal review of the judicial appointments process undertaken in close consultation with the Lord Chief Justice. The review did not identify concerns with the quality of appointments to the Bench.
Stephen Phillips
I am grateful to my right hon. and learned Friend for that answer. The judiciary in this country has for a century been the envy of lawyers across the world, but there is a perception, at least, that that has recently begun to change, partly as a result of the creation by the previous Government of the Judicial Appointments Commission—an unnecessary quango that cost an enormous amount of money. Judicial appointments were formerly made by the Lord Chancellor, having consulted the Bench and on the advice of his officials. Does my right hon. and learned Friend agree that that was a much better system and one to which we ought to return?
Mr Clarke
As I said, we have been reviewing the system. I do not think that the Judicial Appointments Commission can be criticised on the basis of the quality of appointments; I have not heard any credible evidence that people think that quality is deteriorating. However, it is costing too much, it is not very efficient, and it takes too long. Its budget is about £10 million—£9.8 million, to be precise—and it can take 18 months from start to finish to appoint a judge. In the light of the review, we will be looking at that and making sure that it operates with efficiency. Obviously, appointment on merit and getting the highest quality of appointments remains the main focus of any judicial appointments system.
Stephen Timms (East Ham) (Lab)
9. What plans he has for the future funding of welfare advice services currently funded from legal aid.
The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)
While cost considerations are at the forefront of our review of legal aid, we remain committed to ensuring that legal aid is available to those who need it most in cases where legal aid, legal advice or representation is justified. Accordingly, we propose that specialist legal aid be retained in the highest priority cases of welfare advice, such as those involving debt, housing—for example, where someone’s home is at immediate risk, or homelessness or serious disrepair is involved—and community care. The funding of welfare advice services is a cross-Government issue, and it is being considered as such.
Stephen Timms
The Government want voluntary sector welfare advice to replace legal aid, but much of the funding for voluntary sector local advice services comes from legal aid, which is about to be withdrawn. That includes a quarter of the funding for local citizens advice bureaux across the country. I was encouraged by what the Minister said about avoiding a gap. Does he accept that there will have to be new funding from somewhere to replace the funding for advice services that is being withdrawn? In looking, rightly, for cost-effective ways to deliver advice, does he recognise the evidence from the Legal Action Group that those most in need of help are the least likely to use telephone advice services?
Mr Djanogly
The right hon. Gentleman asks a pertinent question. Having spent a lot of time discussing this matter over recent weeks with the not-for-profit sector, I can tell him that very little is known about it in that sector. Even the head offices of voluntary organisations may not know what the funding is for their own local organisations. The core funding for legal help, for instance, typically comes not from the Ministry of Justice, but from the local authority. We have to make up for a decade of people overlooking the need to co-ordinate funding, by seeing what the funding streams are and ensuring that they work in the way that they should. That will involve ensuring that there is no duplication. There is currently a lot of duplication in the system.
Mr Speaker
I appreciate the comprehensiveness of the replies, but greater economy would facilitate progress.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
Does the Minister appreciate that those who practise welfare law have traditionally not been highly paid, and does he realise that swathes of firms are likely to disappear? Who will stand in that breach, because those who are most in need are the least likely to be helped in those circumstances?
Mr Djanogly
We believe that a cultural change is needed. We need to move away from the immediate rush to lawyers and courts, whether through mediation or, if a court alternative is required, a conditional fee arrangement, rather than legal aid. Much more should be made of those alternatives.
Andrew George (St Ives) (LD)
10. What plans he has to ensure adequate support for victims and their families during the criminal justice process.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Victims and their families are supported through a number of schemes, including joint police and Crown Prosecution Service witness care units, the witness service and, in the case of bereaved families, the homicide service. Their rights are enshrined in law under the code of practice for victims of crime. We do, however, continue to seek ways to improve the care offered to victims through the criminal justice process.
Andrew George
I am grateful to the Secretary of State for that answer. There are cases in which victims, including deceased victims, have their reputation defamed during a case, in particular when mitigation is being advanced. A Victim Support report in December found that as many as 44% of victims or their families were not made aware of their right to make a victim personal statement. What are the Government doing to ensure that victims are given full support and are aware of their rights?
Mr Clarke
I share the hon. Gentleman’s feeling on the importance of victim personal statements. In the cases that he describes of victims being defamed in mitigation, it is important that victim personal statements are properly made and responsibly reported. We are doing our best to encourage that and are considering how we can ensure that such statements become a more usual practice.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Does the Secretary of State share my concern that the police and the CPS too readily recommend bail for those who are accused of domestic violence and related intimidation, thus disadvantaging the victims and their families right at the start of the process?
Mr Clarke
These are all difficult matters of judgment. Obviously, many important considerations must be borne in mind when deciding whether to recommend or grant bail, including any further risk to the alleged victims of the offences. It is difficult for Ministers or Parliament to lay down hard-and-fast rules when the people involved are fully aware of the need to protect victims from harm while proceedings are pending.
Karl Turner (Kingston upon Hull East) (Lab)
11. What plans he has to implement the recommendations of the Bradley and Corston reviews of the criminal justice system.
Fiona Mactaggart (Slough) (Lab)
15. What plans he has to implement the recommendations of the Corston report on women with particular vulnerabilities in the criminal justice system; and if he will make a statement.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
Our plans are set out in our Green Paper on sentencing and rehabilitation, which was published in December, and they include identifying individuals with mental health problems at an early stage in the criminal justice process. The aim is to ensure that liaison and diversion services are available in police custody suites and at courts by 2014. We continue to develop our approach to meet the distinct and complex needs of women in the criminal justice system.
Karl Turner
Given the progress made in implementing the Corston report by the previous Government’s ministerial champion for women in prison, can the Minister explain why the Government seemingly still have no plans to appoint a Justice Minister specifically tasked with dealing with women’s issues?
Fiona Mactaggart
On that note, the Minister told the House on 20 July that
“a network of women-only community provision is being developed to support…community sentences.”—[Official Report, 20 July 2010; Vol. 514, c. 163.]
Can he tell the House now what that community provision consists of, where it is and how secure is its financial future?
Mr Blunt
I fear that I will not be able to explain the whole network without irritating you, Mr Speaker, but the Ministry of Justice has funded 44 separate projects in conjunction with the Corston independent funders. I have already answered the question about what will happen to the funding after March. We will continue a degree of funding—not on the scale that has happened before, but we are identifying the projects that are working best, which we will wish to continue to support.
Mrs Jenny Chapman (Darlington) (Lab)
12. What assessment he has made of the effects on public protection of releasing those with indeterminate prison sentences who have completed their minimum tariff.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Prisoners serving indeterminate sentences who have completed their minimum tariff are released from custody only if the independent Parole Board is satisfied that the risk of harm that they pose to the public is such that it may reasonably be managed in the community.
Mrs Chapman
The Secretary of State will be aware that inmates serving indeterminate public protection sentences will have committed some of the most severe offences. Often, the reason they are not released after their minimum tariff is that they still pose a great risk or have not been able to complete the rehabilitative courses that are available. Will he either spend more money on rehabilitation inside prisons or change the method by which risk is assessed?
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.
Tom Brake (Carshalton and Wallington) (LD)
13. What recent research his Department has (a) commissioned and (b) evaluated on rehabilitation and reintegration of prisoners into society.
The Minister for Policing and Criminal Justice (Nick Herbert)
We continue to commission research and evaluation on that important subject. We have just commissioned an evaluation of the Peterborough social impact bond. We have also recently published the evidence report on the Green Paper on sentencing and rehabilitation, in which we reviewed and evaluated a large volume of research.
Tom Brake
Voluntary sector organisations such as Nacro and St Giles Trust play a significant role in delivering services to offenders, and in providing related research and evaluation. As we move towards payment by results and outcome-based commissioning, which is taking precedence in the voluntary sector, what role does the Minister envisage for voluntary sector-related research and evaluation?
Nick Herbert
I agree with my hon. Friend about the importance of the voluntary sector in helping us reduce reoffending. The great advantage of payment by results, which we will pilot for community orders and post-release supervision of offenders, is that the providers make the evaluation and take the risk, and we will pay for what works. That is different from the situation until now, whereby Ministers backed projects without necessarily knowing whether they worked in reducing reoffending.
Paul Goggins (Wythenshawe and Sale East) (Lab)
I urge the Minister to take an urgent look at the ongoing evaluation of the Choose Change project at Manchester prison and the intensive alternative to custody pilot, which Manchester probation service is running as part of a national scheme. I visited both yesterday and they seemed very effective and in line with the Minister’s objectives, yet they face financial uncertainty. Will he see what he can do?
Nick Herbert
I would be happy to look at those projects. Our aim, assuming that the pilots are successful, is for all such schemes to be paid for by results. If they work, they will receive the funding. In spite of the prison population’s reaching record levels and despite funding, reoffending rates have risen. We therefore need to institute a new system, whereby we pay for what works.
Helen Jones (Warrington North) (Lab)
14. What recent discussions he has had with the Secretary of State for Health on the provision of mental health care for offenders.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
We have worked closely with the Department of Health and the Home Office on providing mental health care for offenders. The sentencing and rehabilitation Green Paper highlighted our commitment to identifying individuals with mental health problems at an early stage of the criminal justice process to ensure that they have access to effective treatment. An across-Government mental health strategy is due to be published early in 2011, which will focus on achieving improved outcomes for all people with mental ill health, including offenders.
Helen Jones
I am grateful to the Secretary of State for that answer, but if more offenders with mental health problems are to be dealt with in the community, exactly what funding will be available to support them? Will the NHS, which is already being subjected to cuts, be left struggling to cope, and offenders left more likely to reoffend?
Mr Clarke
Obviously, my right hon. Friend the Secretary of State for Health is in the lead on the strategy. He is looking at ways in which to redirect his budget to get more effective community and other treatment for mental health problems. Offenders will be taken into account in the course of that, but it is important that we ensure that it is done within the available resources, and that those resources are used to the best positive effect for the community as a whole, not just offenders.
Andrew Percy (Brigg and Goole) (Con)
Far too many young offenders have undiagnosed mental health problems. May we have an assurance that the cross-departmental strategy that is being worked on will involve the Department for Education and concentrate specifically on young people who commit crime, often due to mental health problems?
Mr Clarke
With respect, my hon. Friend makes a valid point and we are examining ways in which we can divert more young offenders in particular out of the criminal justice system into mental health treatment when that is most appropriate. It is not unusual to encounter somebody about whom any ordinary member of the public would think, “This person needs treatment, rather than just being viewed as a criminal offender.”
Mr Philip Hollobone (Kettering) (Con)
16. What the reoffending rates were for those sentenced to jail terms of (a) one year, (b) five years and (c) 10 years in the latest period for which figures are available.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
In 2008, the rate of reconviction within one year for adults discharged from custody after a sentence of less than a year was 61.1%; it was 31.0% for those given sentences of one to five years, 17.5% for offenders given sentences of five to 10 years, and 6.4% for 10 years or more. The Government’s Green Paper on rehabilitation and sentencing sets out our proposals to punish and rehabilitate offenders.
Mr Hollobone
Does the Minister agree that the figures suggest that prison actually works, and that the longer prisoners spend in prison the greater the chance of ensuring their effective rehabilitation before being released?
Mr Blunt
That is why we have to address the appalling reoffending rates of those people sentenced to short terms in prison. There were 60,000 of those in the past year, and I am afraid that the option of sending them all to prison for 10 years does not exist, so we have to make a success of rehabilitation. We have to ensure that longer sentences are given to recidivist offenders and that we effectively rehabilitate people and break the cycle of crime through the proposals that we have presented in the Green Paper to drive that number down.
John Mann (Bassetlaw) (Lab)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
To begin with a topical statement, I must tell the House that approximately 40 prisoners were involved in a serious disturbance at Ford prison between 31 December 2010 and 1 January 2011, which resulted in parts of the establishment being set on fire. Staff withdrew from the prison’s B wing for their own safety and specially trained prison staff were deployed to regain control of the prison and assist the fire service in its efforts to extinguish the fires.
Last night, there was disorder at Littlehey prison which, I am glad to say, was brought under control quite quickly. To the credit of those staff involved, no staff or prisoners sustained serious injury.
The Prison Service manages some of the most dangerous people in society and we normally have 30 such incidents every year. I pay tribute to the prison staff and the fire service for the skill with which they handle these matters on behalf of us all.
John Mann
In a statement to the House, the Under-Secretary of State for Justice, the hon. Member for Huntingdon (Mr Djanogly) said that Worksop county court would be transferring to Worksop magistrates court, and he confirmed that in answer to my question. In fact, the opposite has happened. Is he the kind of Minister who is in control of his Department and is his word his authority when he speaks to this House, or is he the monkey to his civil servants’ organ grinder?
The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)
The hon. Gentleman speaks with his usual charm. He raised this issue on a point of order yesterday and I was going to write to him today, so I am delighted to have this opportunity to address it on the Floor of the House. I am, of course, sorry for any misunderstanding or inaccuracy regarding county court services in Worksop. That no doubt stems from the fact that the announced closure of Worksop county court and the announced retention of Worksop magistrates court leads to a slightly more complex set of arrangements at the Worksop courthouse than is typical and I am pleased to be able to clarify the matter.
On the closure of Worksop county court, the counter services will cease to be available, but county court hearings will be retained at the Worksop courthouse. However, the administrative work for Worksop county court is already dealt with at Mansfield county court and, as now, court users will continue to be able to contact Mansfield county court by a variety of methods.
Mr Speaker
I gently remind Ministers on the Treasury Bench that answers to topical questions are supposed to be brief.
Dr Julian Huppert (Cambridge) (LD)
T2. Does the Secretary of State share my concern that releasing prisoners with £46 in their pocket, nowhere to stay and a delay of one to six weeks before they can get jobseeker’s allowance makes it more likely that they will reoffend? Will he seek to reach an arrangement with the Department for Work and Pensions so that benefits can start promptly on release?
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
My hon. Friend alights on a significant problem. I am in discussions with the Department for Work and Pensions and I hope that we will be able to bring forward proposals that will address that issue.
Helen Goodman (Bishop Auckland) (Lab)
In view of the serious riot at Ford open prison, does the Minister wish to revise the statement issued by the Ministry of Justice when announcing its public spending cuts—including a reduction of 10,000 in the number of front-line staff—which said that by taking such “tough decisions” it will be able to
“punish and rehabilitate offenders more effectively”?
Mr Clarke
The National Offender Management Service is undertaking a full investigation into what happened at Ford. Obviously, the behaviour there was deplorable and we must learn every lesson we can about what happened and how we can minimise the risk in future. So far as I am aware, the prison was staffed at its normal level and we had made no changes since we took office to the arrangements under the previous Government. We should not start leaping to conclusions about whether anything was at the heart of these events other than the appallingly bad behaviour of people who had been acquiring alcohol in the run-up to new year’s eve. We are looking carefully at all the circumstances and will draw the proper lessons from that.
Helen Goodman
Of course it is important to wait until the inquiry, but does the Secretary of State honestly think that Ford would be adequately managed if the number of staff on duty were reduced to four or five to supervise 500 people each night?
Mr Clarke
That is a totally hypothetical question, given that the prison had the level of staffing instituted by the previous Government to which we have made no change. It is owing to the deplorable record of the previous Government that we are having to ensure better value for money from a reduced departmental budget. It has all exploded in the past few years and now has to be looked at more carefully. However, it is complete nonsense to work out from that that we are going to reduce a particular level of staffing on the night shift at a particular prison. We are approaching the whole thing slightly more sensibly and scientifically.
Laura Sandys (South Thanet) (Con)
T3. Will the Minister confirm whether the Department is still contracting with Clearsprings to provide accommodation for ex-offenders? The policy undertaken by the previous Government attracted a lot of ex-offenders to my constituency because of our low rental costs, and actually caused an increase in our deprivation issues and social problems.
Mr Blunt
The contract with Clearsprings to provide private rented accommodation to defendants on bail and prisoners released on home detention curfews who are otherwise without an address expired on 17 June 2010. A new three-year contract to provide a similar service was competitively tendered and awarded to Stonham, a registered housing charity. That contract commenced on 18 June 2010. Stonham does not manage any properties under that contract in my hon. Friend’s constituency.
Mr Stephen Hepburn (Jarrow) (Lab)
Will the Minister clarify whether the homicide victims fund is still in operation, and if so, what size is the pot and when will Ministers be giving charitable organisations the green light to put in a bid?
Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)
T4. The plight and vulnerability of many of the UK’s sex workers and prostitutes was highlighted for the people of Suffolk by the tragic events surrounding the Ipswich prostitute murders. Does the Secretary of State agree that it is vital that we have in place a proper strategy to help the rehabilitation of sex workers when they are released from prison, particularly to break the cycles of abuse and drug and alcohol dependency, and to support those people with mental health problems? Will he also visit my—
Mr Speaker
Order. I am extremely grateful to the hon. Gentleman, but his first question was perfectly good enough. One will do.
Mr Blunt
My hon. Friend is right. These are extremely important issues, and the successfully piloted sex workers custody and community training course will be rolled out across the women’s prison estate with the aim of enabling staff to support the resettlement needs of women engaged in street-based sex work. Working in partnership with sex workers to support projects, it aims to assist women by breaking down barriers that may prevent them from accessing support.
Simon Danczuk (Rochdale) (Lab)
Following the Minister’s decision to close Rochdale magistrates court, will he meet me and my hon. Friend the Member for Heywood and Middleton (Jim Dobbin) to discuss the matter further?
Simon Hughes (Bermondsey and Old Southwark) (LD)
T5. Will Ministers take the opportunity to look at the latest report by Citizens Advice on civil recovery and consider how we can stop the use and abuse of civil recovery against shoplifters by many retailers up and down the land?
Mr David Winnick (Walsall North) (Lab)
In view of the case involving six defendants that was dropped yesterday, is the Secretary of State aware that there is a lot of disquiet about the crossing of the line from a police constable going undercover for seven years and his inciting illegal action? Would it not be appropriate for a senior Minister, be it him or the Home Secretary, to make a statement to the House? As I have said, there is a good deal of concern and disquiet about what has occurred.
The Minister for Policing and Criminal Justice (Nick Herbert)
These are, of course, operational matters for the police. I understand that there is to be an investigation into what appears to have been a lack of proper supervision of the officer concerned, but undercover operations are immensely important across a range of criminal activities, in keeping the public safe.
Andrew Bridgen (North West Leicestershire) (Con)
T6. With the Government’s announcement of the Green Paper, and their intention to cut prison numbers and strengthen community sentences, will the Minister outline to the House his plans for the role of the probation service and probation trusts, given that those two organisations are likely to have a vastly increased work load as a result of the policy?
Mr Clarke
First, let me emphasise that the Green Paper does not set out an intention to cut prison numbers and to substitute with community sentences and so on. We have given our best estimate of what we think the consequences of the Green Paper will be. However, the number of people who will go to prison will depend on the courts and their decisions. We expect that the number may be reduced by about 3,000 over the next few years. We are looking in particular at community payback, and at how we can introduce more competition in that—which the previous Government were contemplating—and diversify the way in which it is provided. We need to make community sentences more effective, but the key thing about them, as with everything else, is that they must be appropriate punishments for the crimes that the people concerned have committed.
Mrs Anne McGuire (Stirling) (Lab)
In December I discovered that constituents who were appealing against their benefit decisions at the tribunal service, for which the Ministry is responsible, were having to wait for appointments or tribunal dates for between six and nine months. Given that those individuals will suffer a financial penalty in that time and that a significant number will win their appeals, does the Minister think that that is acceptable? What will he do to remedy it?
Mr Djanogly
The timetable was worsening, but more resources have been put in and we hope that the situation will improve.
Caroline Dinenage (Gosport) (Con)
T7. Can the Minister please tell me what steps his Department is taking to tackle the levels of drugs that are available in our prisons and the levels of drug addiction among prisoners?
Mr Blunt
We announced proposals in the Green Paper on drug-free wings and drug-recovery wings, which will work in conjunction with the wider application of the payment-by-results scheme in the community. That sits alongside all the efforts to police prisons effectively and to keep drugs out of prisons, through the effective use of all the resources available to the Prison Service and the police.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
Tomorrow I will be meeting representatives from my local citizens advice bureaux, Merseyside Employment Law and Merseyside Welfare Rights, who are part of the Justice for All lobby of Parliament. They will be raising their deep concerns about the severe impact that the cuts to legal aid will have on people in my constituency who are disabled, have low incomes or are unemployed. Will any of the Ministers here today be meeting anyone from the Justice for All lobby tomorrow?
Mr Djanogly
I have not received a request for such a meeting, although I would be very happy to attend if a request came in. However, as I said before, the point is that we have to cut legal aid; indeed, the hon. Lady’s party has recognised that we need to cut the amount of legal aid paid. It is important that we redirect the scarce resources that remain to the most vulnerable, and that is what we will be doing.
Duncan Hames (Chippenham) (LD)
Given his remarks about legal aid and citizens advice bureaux, does the Minister look to local authorities as core funders, or to other Departments to increase such funding?
Mr Djanogly
We need to distinguish between legal aid and general advice. A citizens advice bureau may provide legal aid services, but half do not do so. However, all will provide core advisory services, which are normally funded by local authorities.
Mike Gapes (Ilford South) (Lab/Co-op)
I received a reply from the Ministry of Justice saying that the Data Protection Act 1998
“does not cover the…retention and storage”
of the records of deceased persons. That means that hospitals have incentives to lose, mislay or hide records in cases where there is some suspicion about what happened. Can the Minister read my early-day motion 1220 and have urgent discussions with the Department of Health to see whether we can review legislation in this area?
Mr Djanogly
That is a matter where co-ordination with the Department of Health will be required, and I should be very happy to do that work if the hon. Gentleman would like to write to me on the matter.
Mr Richard Bacon (South Norfolk) (Con)
Does the Secretary of State agree, that, according to the “polluter pays” principle, the best punishment for the people who caused the fire at Ford open prison would be to require them to take part in repairing the damage?
Mr Blunt
I am not entirely sure how welcome the return to Ford of those prisoners will be to the inmates who remain there and who have just seen their community facilities entirely destroyed. On a wider point, we want to move towards establishing proper recompense for victims, although I do not think that we will be recompensing prisoners in that institution. Restorative justice will now be a principle that we shall adopt extremely strongly.
Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)
As part of the consultation for the Green Paper, the Justice Secretary has just announced public meetings in Leeds, London, Nottingham, Bristol and Manchester. Birmingham has the largest legal community outside London, and the west midlands is the largest conurbation, so I am just wondering what he has against Birmingham.
Mr Robert Buckland (South Swindon) (Con)
Before any decision is made to withdraw legal aid for families dealing with special educational needs tribunals, will my right hon. and hon. Friends work with the Department for Education, particularly in the light of its proposed Green Paper on the reform of SEN procedure, to ensure that the families of children with SEN get all the help and support that they deserve?
Mr Djanogly
We have been co-ordinating with the Department for Education on this matter, and the joint views will be going into the Green Paper.