Nicky Morgan (Loughborough) (Con)
1. What plans he has for the use of restorative justice to reduce the level of offending; and if he will make a statement.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
We are committed to increasing the use of restorative justice throughout the criminal justice system. Restorative justice should play a part in activities ranging from informal disposals administered by front-line police officers to enabling serious offenders to face up to the consequences of their actions. There is growing evidence of its potential to cut reoffending and crime, and to enhance the role of victims in the delivery of justice.
Nicky Morgan
Charnwood council’s reducing reoffending scrutiny panel has been considering how to promote restorative justice locally. One of the problems that it has identified is that offenders are often released on Fridays or at weekends with no practical support. Before it can get around to worrying about restorative justice, we need to know what the Ministry can do to ensure that offenders are given the practical support that they need when they join the community.
Mr Blunt
My hon. Friend has raised a valid operational concern about Friday releases. However, holding prisoners whose statutory release date falls at a weekend until the following week is unlawful, and we do not think it right for prisoners to be let out early: they should serve the custodial period required by law. Our duty is to manage the operational issue of Friday releases. That includes ensuring that all prisoners are properly prepared for release, and implementing restorative justice as part of that preparation where appropriate.
Gloria De Piero (Ashfield) (Lab)
My constituent Gary Thrall was left for dead after a vicious knife attack last year. His first contact from Victim Support came five weeks later, when it was suggested that he might like to meet some knife attackers. Does the Minister agree that that is a gross misuse of restorative justice, and what can he do to ensure that the same thing does not happen to other people?
Mr Blunt
I read about that case in the papers. It is plainly important for restorative justice to carry the confidence of victims. They should not be placed in a position in which they are required to take part in restorative justice disposals; restorative justice should be a right for them to exercise when they see fit, and when it is clearly in their interests to do so.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Is the Minister aware that many victims greatly value the restorative justice process, because it brings the person who has caused them harm face to face with the harm that he has caused? Does the Minister recognise the need for it to be mainstreamed into the system rather more than it is at present? There are many areas in which it is currently not available to benches and courts.
Mr Blunt
I entirely agree with my right hon. Friend. It is important to bear in mind that restorative justice is a right for victims. I believe that if, in the circumstances described by the hon. Member for Ashfield (Gloria De Piero), a victim wished to exercise the right to engage in restorative justice and to demand an account from an offender who was pleading guilty or had been found guilty, he or she should have the opportunity to do so. The victim impact statement, as part of the restorative justice process for the benefit of the victim, must become a much clearer element of our justice system.
Helen Goodman (Bishop Auckland) (Lab)
I agree with the Minister that restorative justice can be a positive intervention, and I was pleased to be able to attend a restorative justice session in Wormwood Scrubs organised by volunteers from the Prison Fellowship on 28 March. Unfortunately, however, it was the last such session to take place in a prison in the London region. Can the Minister explain why that is, given that it is agreed that restorative justice can be an effective intervention? Is this yet another example of the gap between rhetoric and reality?
Mr Blunt
No, it is not. The hon. lady is referring to a decision by the management of London prisons, which are principally local prisons, to focus on short-term offenders who are incarcerated in London as well as in local prisons supporting the courts. We are going to change the system so that restorative justice is embedded in the criminal justice process from beginning to end. The hon. Lady supported her party for a very long time in trying to get that done. I assure her that we shall absolutely deliver it.
Mr John Whittingdale (Maldon) (Con)
2. If he will estimate the number of existing injunctions granted on the grounds of invasion of privacy.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Ministry of Justice currently holds some limited data on the numbers of injunctions applied for in the county courts, but they do not allow identification of anonymity injunctions. The Department’s chief statistician is currently considering how robust data on the number of anonymity injunctions issued by the courts might be collated in the future.
Mr Whittingdale
Is my right hon. and learned Friend concerned about the possibility that the large number of injunctions that appear to be being granted on a routine basis suggests that the courts are paying insufficient regard to section 12 of the Human Rights Act 1998, which was intended to protect press freedom? Given that, and given the huge speculation on the internet about the identities of those who have obtained injunctions, does he feel that the time is approaching when Parliament may need to revisit the issue?
Mr Clarke
I do not think any of us know whether the number is increasing. As far as I am aware, there have been two super-injunctions since the John Terry case, but the word “super-injunction” gets used very widely. I realise there is increasing concern, however. I personally have strong views on the secrecy of justice. We have a tradition of open justice in this country. Plainly, I believe in the freedom of the press and freedom of speech in this country, even when it is sometimes exercised provocatively, as it is supposed to be in a free country, but there are also areas where an individual is entitled to have their privacy protected. The time is certainly coming when the Government are going to have to look at this matter, although we will probably wait until we have had the report of the Master of the Rolls, who is looking rather more closely at the procedural aspects.
Sadiq Khan (Tooting) (Lab)
The Lord Chancellor is right to remind us that it is important that we get the balance right between freedom of speech and an individual’s right to privacy, but he will be aware of the public disquiet about the use of the anonymity injunction or super-injunction, both in terms of its abuse—or alleged abuse—and its circumvention, for example by the use of Twitter. As he has said, the current situation is not satisfactory, but the Master of the Rolls is simply looking at the process, rather than the substance. What does the Lord Chancellor intend to do about that, so as to provide leadership on this issue?
Mr Clarke
First, I agree that the Master of the Rolls is looking at process, and I am sure what he says will be very valuable. As I have said, we will wait until he reports back before starting to take a proper look at the issue, but I think the Government will now have to study it and decide whether there is a case for intervening. There will never be unanimity on all these judgments, precisely because it is so difficult to balance the competing parts of the convention on human rights and the competing interests involved. There have been cases where we have certainly needed to know—such as where people are disposing of waste material by dumping it off the coast of Africa. That is easy in one direction, but in the other, every time I watch a football team I do not think I necessarily need to know about the sex life of each of the players.
Sadiq Khan
As is often the case, I find myself agreeing to a large extent with what the Lord Chancellor says, but let me say this. Super-injunctions are not granted by European judges using European law; they are granted by British judges using British law, and Parliament has supremacy over that law and those judges. If clarity and guidance is required and suitable, and bearing in mind the fact that we have the draft Defamation Bill and the forthcoming justice Bill, why does he not just say that he will use those vehicles to provide clarity and guidance?
Mr Clarke
We will consider these matters, and it is probably right that Parliament passing a privacy Act might well be the best way of resolving the issue, but we need to get somewhat nearer a consensus and to know exactly how we are trying to strike the balance before something is submitted for the judgment of Parliament. We may well not have to wait until the end of a long, controversial process such as that, and instead find some other way of tackling the issue, but we are considering it and we will come back with proposals in due course. If there were debate on a privacy Bill, there would be an interesting range of opinions even in Parliament, but I have not met many people yet who seem to have the perfect answer as to how to get the balance right.
John Hemming (Birmingham, Yardley) (LD)
Some of these injunctions serve to prevent information from being passed to the police or other regulators. Does the Secretary of State believe the law should be changed so that regulators can always have information passed to them?
Mr Clarke
That is one of the arguments which the judge who decides whether to grant the injunction will no doubt have in mind. Whether it is reasonable and in the public interest for the injunction to be granted is what the judge is meant to try to establish. The question for us is how we can make that clearer and more defensible, and how we can know more about what is happening so that we are all satisfied that injunctions are granted only in cases where the right to privacy of the individual is, indeed, being interfered with unjustly, but I know of the hon. Gentleman’s interest in this topic, and we will bear his views in mind—
Mr William Bain (Glasgow North East) (Lab)
3. What reforms he is pursuing of the jurisdiction of the European Court of Human Rights.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I will try not to talk this one out, Mr Speaker—although I will be tempted to do so.
Reform of the Court will be a key aim of the forthcoming UK chairmanship of the Council of Europe. We will be pressing in particular to reinforce the idea that the Court’s role is a subsidiary one, which means that states, not the Court, have primary responsibility for protecting convention rights.
Mr Bain
I thank the Secretary of State for that answer. In supporting reforms that cut the backlog of cases and reduce the delays that many people experience in the Strasbourg Court, does he agree with Amnesty International and 270 other non-governmental organisations which have founded a petition to campaign against the introduction of fees in the European Court of Human Rights, as they believe those could, in some cases, represent an insurmountable barrier to justice?
Mr Clarke
I certainly think that one of the things that needs to be tackled and can be tackled without too much difficulty is the thousands upon thousands of cases awaiting a hearing at the Court, many of which are completely outside the sphere of the convention and could be disposed of reasonably straightforwardly. The question of fees will have to be decided in due course by the Ministers of 47 member states of the Council of Europe, but there is not much evidence at the moment that people are feeling excluded from the jurisdiction by the threat of any imminent costs.
Stephen Phillips (Sleaford and North Hykeham) (Con)
There would be very little problem with the jurisdiction of the Strasbourg Court if we repealed the Human Rights Act 1998, withdrew from the convention and replaced it with a British Bill of Rights. Does the Secretary of State agree that it is about time that that happened?
Mr Clarke
If we repealed the Human Rights Act, which is one of the matters being looked at, we would just go back to having the convention applied directly by Strasbourg. The issue attracts a wide range of views, which is why we have set up a commission to consider them—[Interruption.] We have indeed set up the commission. It is composed of serious people who have expressed a very wide range of views in the past on the subject. They will strive to reach a consensus and it will be useful to get a properly informed and expert assessment of what the various options might result in. I am sure that the package of measures recommended by my hon. and learned Friend is one of the matters they will be considering in the course of their discussions.
Steve McCabe (Birmingham, Selly Oak) (Lab)
4. When he plans to bring forward proposals on the future of sentencing.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
In December 2010, the Government set out proposals for more effective punishment, rehabilitation and sentencing of offenders in the “Breaking the Cycle” Green Paper. We are finalising our response to the views expressed during the consultation and will publish it shortly. That will be followed by the publication of the legislation required to implement our proposals.
Steve McCabe
I am grateful for that answer. Is it the Government’s view that someone who breaks into a person’s house and threatens violence should automatically receive a prison sentence, irrespective of whether it is a first offence?
Mr Blunt
It is the Government’s view that justice should be done, and that is best done by judges taking into consideration the circumstances of every individual case. There will be circumstances in which Parliament has made clear its views in legislation. As a former Parliamentary Private Secretary to the Home Secretary, the hon. Gentleman will well understand that. He will also well understand the potential for miscarriages of justice if this place chooses so to tie the hands of judges that they are not able to exercise justice in the individual cases that come before them.
Mr Robert Buckland (South Swindon) (Con)
There are a lot of noises off about this Government’s sentencing policy, but is not the reality that the simple aim of that policy is to reduce reoffending and to protect the public, and that nothing more need be said?
Mr Jack Straw (Blackburn) (Lab)
At present, a defendant entering an early guilty plea will earn up to a third off the sentence that would otherwise apply. The Government are proposing to replace that with a discount of a half, a move which is opposed by the judiciary and many others. How on earth will giving a half off a sentence help to protect the public?
Mr Blunt
I would have thought that a moment’s reflection would make that clear. Let us suppose that someone who is accused of rape co-operates with the authorities at the first opportunity, rather than puts their victim through the entire process of having to be prepared to give evidence and then having to give evidence. That is one example where there is a definitive benefit to the victim from encouraging the earliest possible guilty plea.
Mrs Helen Grant (Maidstone and The Weald) (Con)
Does my hon. Friend agree that short-term prison sentences for women are quite ineffective and that robust community options would be much better?
Mr Blunt
As my right hon. and learned Friend the Justice Secretary made clear last year, there are of course problems with short prison sentences for both male and female offenders. We will not take away from the judiciary and magistracy the ability to use short sentences when required, but we need to ensure that community sentences that are properly robust and properly punitive can carry public confidence as an appropriate option, particularly for women offenders who frequently have wider responsibilities in the community that would be lost if they were incarcerated.
Nick Smith (Blaenau Gwent) (Lab)
5. How many foreign national prisoners he expects to return to their country of origin to serve their sentences in 2011-12.
Mr David Hanson (Delyn) (Lab)
17. How many foreign national prisoners he expects to return to their country of origin to serve their sentences in 2011-12.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
In 2010, 5,235 foreign national prisoners were removed or deported from the UK. The number of foreign national prisoners has reduced by 622 since 31 March 2010 to the present figure of 10,745. The number of foreign prisoners transferred through prisoner transfer arrangements remains regrettably low due to the voluntary nature of most of our existing arrangements. We expect about 60 prisoners to be transferred in 2011-12 to serve their sentence and for the number of transfers to rise progressively as the European Union prisoner transfer agreement enters into force.
Nick Smith
The Prime Minister vowed to repatriate thousands of foreign prisoners. How many foreign national prisoners have been repatriated in the past six months and how many does the Minister expect to repatriate in the coming 12 months?
Mr Hanson
On 2 June, in answer to his hon. Friend the Member for Kettering (Mr Hollobone), the Prime Minister said:
“I have asked the Home Secretary to work with the Foreign Secretary to draw up agreements with as many countries as possible”.—[Official Report, 2 June 2010; Vol. 510, c. 434.]
Will the Minister update us on which new countries he has drawn up agreements with in the 11 months succeeding that date, what agreements have been finalised and, while he is at it, whether three and a half years after I began negotiations we finally have an agreement with Nigeria on repatriation?
Mr Blunt
I regret to inform the right hon. Gentleman that we are still waiting for the Nigerians to complete their legislative processes, but that is in process and I am delighted to report to him that we have every expectation that it will be brought to a conclusion. As the right hon. Gentleman knows, we do not control both sides of a negotiation and we have to ensure that we have partner countries that will agree to compulsory transfer. He, of all people in this House, is well aware of how difficult that is. That does not mean that we will not try to improve on the dreadful performance of the previous Administration.
Jessica Morden (Newport East) (Lab)
6. When he expects to bring forward legislative proposals for the reform of legal aid.
Julie Elliott (Sunderland Central) (Lab)
13. When he expects to bring forward legislative proposals for the reform of legal aid.
The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)
We intend to bring forward legislation when parliamentary time allows.
Jessica Morden
A host of organisations, including Citizens Advice, the Law Society and the Select Committee on Justice, have criticised the lack of an evidential basis for the proposed legal aid changes and have asked the Government to slow down and think again. Will the Minister be willing to act on their advice?
Mr Djanogly
The hon. Lady’s question implies that the Government have not been listening. I would say that that is not the case. The consultation elicited some 5,000 responses, we have now had three Adjournment debates on legal aid reform, hundreds of questions have been tabled and I have been engaging in debates, sometimes with shadow Ministers, outside this place. I would say that the Government have been doing a lot of listening on the issue and we will be ready for legislation shortly.
Chris Evans
Solicitors have complained to me that the proposals could turn Islwyn into a legal aid desert. What estimate has been made of the number of practitioners who would stop legal aid work if the reforms were made?
Mr Djanogly
The Government’s position is not to start off with the number of legal aid practitioners. Our starting point is the sort of legal aid system that we should have in this country, which will support vulnerable people. The number of practitioners to service that will follow.
Rosie Cooper
Does the Minister believe that there is anything to learn from the Secretaries of State who have been dealing with forestry and health when it comes to rushing through proposals that have been rejected by professionals, the public and coalition Members of both Houses?
Mr Djanogly
I think that I answered that question previously. I certainly believe that we have listened and engaged fully.
Liz Kendall
The Minister has just said that he wants his plans to protect the most vulnerable, but his own impact assessment says that low-income families, women and minority ethnic groups will be disproportionately affected. Can he explain how that is fair?
Mr Djanogly
Legal aid per se involves poor people, so if we are going to reduce costs it will impact on poor people. It is true that individuals with protected equality characteristics are over-represented within the current client base of civil and family legal aid when compared with the population as a whole, although the extent of that varies by category of law.
Julie Elliott
Will the Minister be taking the advice of the Select Committee on Justice, which recommended that the Government should assess the
“merits of the cost-saving proposals put forward by the Law Society”,
namely the alternative savings of £384 million—£34 million more than the Government’s proposals would save—while protecting all civil and family legal representation?
Mr Djanogly
Various alternatives have been suggested by the institution that the hon. Lady mentions and by many others during the consultation. The question is whether they would work and whether they would deliver the required savings within the spending review period. The main proposal of the Law Society, which she mentioned, is an alcohol levy—a penny on your pint to pay for lawyers.
Duncan Hames (Chippenham) (LD)
I am glad that the Minister is actively listening on this issue—[Interruption.] We will see, won’t we? Under his proposals, someone with a debt case who faces homelessness will be eligible for legal aid, so why should someone facing homelessness in a case of unlawful eviction not also be eligible?
Mr Djanogly
Those are the sorts of issues that we have been considering very carefully through the consultation process. It is very important to realise that even after our reforms we will still be spending £40 million on housing legal aid, for example, and £6 million with debt, so it would be wrong to say that we are abolishing those areas of law. We are looking to get better value and to make sure that the money goes towards helping the vulnerable.
Tom Brake (Carshalton and Wallington) (LD)
The Minister will have noted a great degree of consistency in the submissions on the proposed changes to legal aid, with concerns expressed about family law, debt and housing law, medical negligence and cost-shunting on to other Departments. He has confirmed that the consultation on legal aid has been a genuine listening exercise. Can he confirm that many of the points expressed by organisations such as the Law Society and the CAB have been heard and, critically, will be acted on?
Mr Djanogly
All of the submissions have been heard and are being considered very carefully—I can assure my hon. Friend of that. As for whether we put them all into place—that is unlikely, but we will consider them all and where we need to change our proposals, changes will be made.
Karl MᶜCartney (Lincoln) (Con)
I recently met Langleys Solicitors, a firm based in my constituency, which feels that the recommendations about reductions in the provision of legal aid combined with the recommendations from Lord Jackson’s report on civil court reforms will seriously undermine access to justice and the rule of law. What assurances can my hon. Friend give to Langleys, my constituents and me that the Government’s reforms will not make it more difficult for ordinary people to have recourse to the courts to right wrongs?
Mr Djanogly
I have to be up front with my hon. Friend and say that less money will be spent on legal aid, which means that fewer people will have access to legal aid. The important issue is that we direct scarce resources to the most vulnerable, and that is exactly what we will be doing by prioritising those whose security and liberty is at risk and those whose homes are at risk of immediate repossession.
Dr Julian Huppert (Cambridge) (LD)
I was fortunate to secure a debate on legal aid last week in which I and others had the opportunity to go through some detailed concerns. Sadly, the Minister ran out of time in which to respond; I trust that he will respond to us all in writing. He implied then that there would be changes to the original proposals. Can he confirm that now, and what will they be?
Mr Djanogly
I can confirm that a letter has been sent to my hon. Friend, so he should get it shortly. As I said in the Adjournment debate, which helpfully enabled hon. Members to put their points across, issues that were raised then are being looked at carefully by the Government. We will assess those and some of them may have implications for our legislation in due course.
Mr Andy Slaughter (Hammersmith) (Lab)
The Secretary of State has accepted Lord Justice Jackson’s recommendations on civil litigation reform. He said they were “very attractive” and he was “impressed” by them, so why is the Minister ignoring the report’s recommendation that the Government make
“no further cutbacks in legal aid availability or eligibility”
because
“The legal aid system plays a crucial role in promoting access to justice at proportionate costs”?
Mr Djanogly
Legal aid does play a very important part in access to justice, which the Government support. Lord Justice Jackson was looking at civil costs, and in that context he looked at legal aid. On that point, as in various other instances, we did not agree with his recommendations. What we will put forward in legislation is a total all-encompassing package. The shadow Minister will appreciate that we consulted on public and private funding at the same time so that those who wanted to respond could do so in the context of both.
Tony Baldry (Banbury) (Con)
8. What steps he is taking to promote work opportunities in prisons.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
We have made clear our intention to make prisons places of work and industry. In the Green Paper, “Breaking the Cycle”, published last December, we set out our proposals to break the destructive cycle of crime. That included proposals for prison work. Our response to the consultation on the Green Paper will be published soon.
Tony Baldry
Can my right hon. and learned Friend kindly tell me how many more work and training opportunities there are in prisons today than there were this time last year?
Mr Clarke
No, I cannot. [Interruption.] The system requires considerable transformation. We intend to introduce as widely as possible a system in which it is normal for prisoners to have a working day doing proper work, getting into work habits and acquiring skills. We have some—comparatively few—outstanding examples of workshops run by outside companies and we are attracting wide interest from companies in how we can do that. Prison Industries will have to be addressed and we will probably have to put it on a different and more commercial footing. We are looking for work that can properly be done in prison without jeopardising legitimate small businesses outside. A moment ago I was accused of rushing everything. The great thing about such reforms, which will transform the prison system, is that there is no point in delivering straight away experiments that have not been thought through. I intend to change the atmosphere of prisons very substantially once we have got down to practical ways of doing so.
Mrs Jenny Chapman (Darlington) (Lab)
The introduction of work-based regimes more widely will be warmly welcomed by people who know about rehabilitation, but victims are concerned about reparation. Will the Secretary of State make sure that any wages earned as part of a work-based regime go directly to benefit victims or the communities that have been victims of crime?
Mr David Evennett (Bexleyheath and Crayford) (Con)
I welcome my right hon. and learned Friend’s response on increasing work opportunities in prison, but will that extend to more education and training in prison?
Mr Clarke
A great deal of education and training is delivered in prisons now, but it needs to be improved; it is patchy. We are not losing our focus on making sure that the basic problems of literacy and numeracy are tackled, let alone other further education delivered, and we hope to make sure that the contracts for provision of education and training services are of universally good quality.
Hywel Williams (Arfon) (PC)
My right hon. Friend the Member for Dwyfor Meirionnydd (Mr Llwyd) has a ten-minute rule Bill which would make it mandatory for those sentenced to two years or more to undertake a relevant offender management programme before being considered for early release. Do the Government intend to take those proposals forward?
Mr Clarke
We sentence people to prison terms as reparation for the wrong that they have done to their victims and society, and when they have completed their sentence we release them. Under existing rules they may be released from prison halfway through the named sentence, but they are on licence thereafter, subject to recall, and that has to be made meaningful. I do not want to add to the number of people in prison who are serving beyond any sentence that they have had imposed upon them for the crime that they committed, but who are waiting to go through some loophole which shows that they qualify for release, not least because it is very difficult to organise true opportunities for prisoners to be able to satisfy such requirements.
Mark Menzies (Fylde) (Con)
10. What steps his Department is taking to involve the charity sector in prison-based initiatives.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
The National Offender Management Service is committed to opening commissioning to all sectors. The Green Paper and the Ministry of Justice business plan for 2011 to 2015 set out that we will no longer provide rehabilitation services directly without testing where the private, voluntary and community sectors can provide them more effectively.
Mark Menzies
It is likely that many of the contracts for the rehabilitation of offenders will be placed with large providers, but what steps is the Minister taking to ensure that the charities and small-scale providers that do a lot of valuable work in that regard are being rewarded under payment by results?
Mr Blunt
The value of what is done by charities and the voluntary sector in the rehabilitation of offenders cannot possibly be overstated. There are thousands of groups and tens of thousands of people who want to engage with us to deliver the rehabilitation of offenders because it is the right thing to do. With a system now focusing on outcomes rather than inputs, it would be fairly foolish to ignore the capacity of this great army of auxiliaries to help us deliver rehabilitation.
Mrs Madeleine Moon (Bridgend) (Lab)
Barnardo’s is working with G4S Parc prison in my constituency, along with a range of other partners, to look at the Parc supporting families scheme and the family intervention unit, which take the most difficult and prolific offenders and work with them to bring change. I invite the Minister to come to Bridgend to see how that work is changing outcomes, changing the opportunities for rehabilitation, bringing security for communities and reducing reoffending. It is an excellent example of the schemes that we are looking for.
Mr Blunt
I am very grateful for the hon. Lady’s invitation. I have visited all the prisons in Wales, but I have rather more of the estate to get around before I have seen them all. I am anxious to hear about the kind of scheme she describes. I see examples of good practice all over the country of people working very hard in both the prison and probation services to engage other organisations, as she has described, and help the rehabilitation of offenders.
Chris White (Warwick and Leamington) (Con)
11. What steps he is taking to improve rehabilitation for those convicted of drug offences.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
Our proposals on the rehabilitation of drug-misusing offenders were published in a Green Paper, “Breaking the Cycle”, in December 2010. These include: ensuring that sentencing helps offenders to come off drugs; piloting drug recovery wings in prisons; supporting the Department of Health in developing payment-by-results drug recovery pilots; and testing options for intensive community-based treatment for both female and male offenders.
Chris White
Between 2005-06 and 2009-10, there was a 24% rise in the number of drug offences committed in Warwickshire. There is clearly a need for improved levels of rehabilitation for those who have suffered from drug addiction. The charitable, voluntary and social enterprise sectors are often best placed to provide this support. Will the Minister therefore tell the House what work he is doing to engage with those sectors to deliver better support and improve rehabilitation while at the same time reducing drug-related crime?
Mr Blunt
My hon. Friend has pointed clearly to a consequence of the failure to rehabilitate offenders effectively, which should have happened under the previous Administration. That is why we are engaged in what we are calling a revolution in rehabilitation. As I said in answer to my hon. Friend the Member for Fylde (Mark Menzies), we will have to ensure that we engage the full capacity of the voluntary and charitable sectors, in co-operation with the state sector and the private sector, in order to maximise our capacity to deliver and to focus them on outcomes rather than inputs.
Dr William McCrea (South Antrim) (DUP)
Has the Minister seen the headline in a national newspaper today stating that drug addicts are pocketing benefits amounting to more than £1 billion every year? Does he accept that the welfare system needs to be reformed to give addicts help in the form of treatment, rather than funding their addiction, and how does he see such a proposal being taken forward?
Mr Blunt
That is an extremely important part of effecting the rehabilitation of offenders. The number of offenders whose offences are drug-related is very substantial, so in conjunction with the Department of Health we are examining and introducing pilots on the whole treatment of drug addiction in the community. Many offenders will enter those pilots and then, I hope, the scheme when we roll it out system-wide by the end of the Parliament. We are also examining with the Department of Health how we treat people in prison in order to ensure that we are much more focused on abstinence as well. I fear I may exhaust the patience of Mr Speaker if I go on.
Simon Kirby (Brighton, Kemptown) (Con)
14. How much his Department spent on legal aid for cases concerning immigration in the latest period for which figures are available.
The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)
The Legal Services Commission’s gross operating expenditure on asylum and immigration legal aid in the financial year 2009-10 was £90 million, of which about £26 million was for immigration matters.
Simon Kirby
Does my hon. Friend agree that the best way to reduce the amount of money spent on legal aid for immigration cases is to resolve those cases as promptly as possible, and that, had we not inherited an immigration system in crisis from the Labour party, the costs would be lower already?
Mr Djanogly
My hon. Friend is quite right. The best way to reduce the amount of money spent on immigration legal aid is to retain taxpayer funding for serious issues only. Our current view is that most individuals involved in immigration cases, such as those applying for study or work visas or making citizenship applications, should not require legal aid to resolve their issues.
Margot James (Stourbridge) (Con)
15. What recent discussions he has had with the Commissioner for Victims and Witnesses on support for victims of violent crime; and if he will make a statement.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
The Commissioner for Victims and Witnesses and the Justice Secretary are in regular contact. The commissioner has just completed her first year in post, working to a set of priorities agreed last year with my right hon. and learned Friend following a meeting with him. These included looking at the most effective provision for people bereaved by murder and manslaughter, and improving the treatment of young victims and witnesses.
As Minister with responsibility for victims policy, I have met the commissioner twice formally and on other occasions informally. We discussed and continue to discuss support for victims of violent crime as well as all other aspects of policy relating to victims and witnesses.
Margot James
In Stourbridge we have a good Victim Support service, staffed largely by volunteers, but it operates on something of a shoestring, which affects awareness and its potential for partnership working. Does my hon. Friend agree that there should be some shift of resource in the system towards Victim Support?
Mr Blunt
I pay tribute to Victim Support, which plays an extremely valuable role in supporting victims and witnesses throughout the country. This year we agreed a funding deal with it, involving a grant of £38 million every year for three years, giving it greater financial security. Victim Support is also able to bid for additional money for local projects from the £18.5 million victims general fund, for which we invited bids this year. Overall, the Ministry of Justice is committing more money to the victims voluntary sector this year than last year, which of course, in the dreadful financial circumstances that we inherited from the previous Administration, shows our priorities.
Robert Flello (Stoke-on-Trent South) (Lab)
The Government talk a really good game about supporting victims, but the reality is that under cover of a review the British Crime Survey is cutting questions on victims’ views, the witness and victim experience survey has ended and Her Majesty’s Courts Service’s court-users survey is coming to an end. We need to listen more to the victims of crime and put them at the heart of our judicial system, so can we have an assurance that the Secretary of State will reinstate survey questions or, indeed, improve on them, and not push under the carpet the experiences of victims and witnesses of how the British legal system operates?
Mr Blunt
There we have it—a demonstration of acquiring inputs, measurements and targets rather than focusing on outputs. The last thing that we do, as the hon. Gentleman knows perfectly well, is ignore victims. When we come forward with our strategy for victims and witnesses, he will see the extent of our commitment to ensuring that victims and witnesses are properly supported in the justice system.
Jessica Lee (Erewash) (Con)
16. What recent discussions he has had with the Secretary of State for the Home Department on the removal of foreign national prisoners who are awaiting deportation.
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
I am in regular contact with my hon. Friend the Minister for Immigration, and my officials are in regular contact with their counterparts at the Home Office. The removal of foreign national prisoners awaiting deportation is a mutual priority.
Jessica Lee
I am grateful to my hon. Friend for his response. I am sure he agrees that the incarceration of criminals from outside the UK is not a duty owed by taxpayers from Erewash or, indeed, elsewhere throughout the country. The Government’s sentencing Green Paper explores how punishments for foreign offenders could include immediate removal, rather than imprisonment in this country. Will my hon. Friend please update the House on proposals to consider that measure?
Mr Blunt
There will very shortly be an opportunity for all right hon. and hon. Members to see our proposals in response to the consultation on the Green Paper, and it would be appropriate to wait until then so that proposals come forward together in a coherent manner. We have to remember that we are dealing with the consequences of an era of inaction when, for example, the Council of Europe additional protocol on the transfer of prisoners was open for signature in 1997 and it took until November 2009 for that lot over there to sign it.
Mr Dominic Raab (Esher and Walton) (Con)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I shall begin with a topical statement. On 26 April, I attended a Council of Europe ministerial conference in Turkey on the future of the European Court of Human Rights. I was clear that the Court must focus on truly important cases and have proper regard to the judgment of national Parliaments and courts. I met a number of Ministers from other member states and senior figures from the Council of Europe and the Court who were receptive to this view.
Mr Raab
In a recent and novel ruling, a man convicted of robbery defeated a deportation order on human rights grounds because he had a girlfriend—a relationship that the court described as that of a courting couple and no more. Will my right hon. and learned Friend consider amending the Human Rights Act 1998 and the human rights clause in the UK Borders Act 2007 to prevent this kind of judicial legislation under article 8 of the European convention?
Mr Clarke
I have not seen that case, but I agree that it sounds like a rather sweeping interpretation of the right to family life, which is what the European convention confirms. If my hon. Friend will let me have the details, I will inquire into the case to see how it reached such a startling conclusion. It is possible that the report that he read, in whichever newspaper he read it, did not bear a very close resemblance to what actually occurred.
Sadiq Khan (Tooting) (Lab)
The Lord Chancellor has announced plans—this was raised by the previous Lord Chancellor—to reduce by half the sentence for an offender if he or she pleads guilty. In a remarkably flippant response, his junior Minister, the Under-Secretary of State for Justice, the hon. Member for Reigate (Mr Blunt), asked us to pause and reflect on the thoughts and views of a victim of rape. It is not only Labour MPs who think this is nonsense, nor only judges or victims groups: the Lord Chancellor’s own Commissioner for Victims and Witnesses says that it is bonkers. Will the right hon. and learned Gentleman reconsider?
Mr Clarke
We are going to give the outcome of our consultation shortly, but I think that that proposal is likely to survive. The fact is that we have always had a reduced tariff for early guilty pleas in this country. It always startles the public when they discover that this has underlined our sentencing policy for many years. It is true that we are thinking of putting up the reduction to a half. It makes an enormous difference to costs, police time and the involvement of unnecessary preparations for trial if everybody leaves guilty pleas to the last possible moment. As my hon. Friend the Under-Secretary rightly said, victims and witnesses are put through an ordeal if they are preparing for a trial where they expect to be accused of lying because the man has not been induced to plead at an early enough stage. Those are the considerations that lay behind this proposal.
Jason McCartney (Colne Valley) (Con)
T2. Last month, I visited Kirklees restorative justice team, who, in Kirklees alone, need to keep only two offenders out of prison for a year to cover the whole of their budget. However, does the Minister agree that probably one of the most impressive elements of restorative justice is the immeasurable improvement in victims’ perceptions?
The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)
I absolutely agree with my hon. Friend. The evidence from Northern Ireland, where a statutory form of restorative justice has been working positively in the youth sector, shows 85% levels of victim satisfaction. The data are getting better regarding the effect of restorative justice on the rehabilitation of offenders, and appear to show at least a 14% improvement if we use it. That is a pretty convincing case for the proper use of restorative justice, quite apart from the financial benefits that my hon. Friend mentioned.
Nic Dakin (Scunthorpe) (Lab)
T3. The Secretary of State will be well aware of the tragic loss of five young lives on the secure prison estate in recent months. Will he outline what work he and his officials are undertaking to look into those tragic deaths, and what measures he intends to put in place to prevent future occurrences?
Mr Kenneth Clarke
We have had an unfortunate instance, but we will obviously investigate each of those tragic cases. Unfortunately, there are always extremely vulnerable people in young offender institutions, and steps have to be taken to protect them against self-harm. I have no reason to believe that anything has changed significantly that connects these deaths. I assure the hon. Gentleman that each and every one of them will be carefully considered to see whether anything went wrong or whether something can be improved.
Mark Lancaster (Milton Keynes North) (Con)
T4. Does the Secretary of State share my concern and that of my constituents that prisoners are not spending their time inside constructively? Will any future Bill address that issue by ensuring that prisoners spend more time at work than in their cells?
Mr Kenneth Clarke
As I explained earlier, I feel that concern strongly. The matter does not so much require legislation as sensible organisation, change in the structure of Prison Industries, and more leeway for governors to arrange work when there is a sensible opportunity to do so. A significant change in the culture of parts of the Prison Service would add to the good work that goes on at the moment, which is quite rare and is scattered across the prison estate. I agree with my hon. Friend that that is an important aim.
Teresa Pearce (Erith and Thamesmead) (Lab)
T6. Earlier this month, the foetal anti-convulsant litigation against Sanofi Aventis was discontinued after six years’ preparation. The claimants and their families have been denied their day in court because legal aid funding was withdrawn at the last moment. Will the Minister say what funding arrangements will be available for multi-party actions in future so that such families are not denied access to justice?
The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)
The funding of clinical negligence cases in this country is about 50:50 between legal aid and conditional fee arrangements—in other words, private funding. We believe that when people have the opportunity of private funding, they should take that option. In looking at our proposals for reviewing privately funded litigation, we are taking clinical negligence cases on board and are moulding our proposals to help those who want to take such cases.
Richard Drax (South Dorset) (Con)
The feeling has been expressed by several sources in the two prisons in my constituency that former members of the armed services are not looked on favourably in Prison Service recruitment. Will the Minister reassure me that that is not the case?
Mr Blunt
It will come as no surprise to my hon. Friend, given our mutual background, that I would regard such discrimination against former members of the armed services as wholly unacceptable. If prison officers can produce evidence for that, I would be extremely interested to receive it.
Lindsay Roy (Glenrothes) (Lab)
T8. The Crime and Security Act 2010 received Royal Assent more than a year ago. How much longer will victims of overseas terrorism have to wait to receive their compensation? Those victims include Will Pike, who will spend the rest of his life in a wheelchair, following injuries sustained in the Mumbai terrorist attacks in 2008.
Mr Blunt
I saw Will Pike and his father last week along with another representative of victims of terrorism overseas. We are bringing forward proposals on that, and will do so when we bring forward comprehensive proposals on victims, witnesses and criminal injuries compensation.
Peter Aldous (Waveney) (Con)
T7. Does the Minister agree that justice is best dispensed through a network of local courts, such as that at Lowestoft in my constituency? Will he provide an assurance that, following the recent round of closures, there are no plans for further rationalisation and that every effort will be made to sustain the existing network of magistrates courts?
Mr Djanogly
I believe that justice is best dispensed through a network of courts that is efficient and well-utilised, and that provides the facilities that are expected of a modern courts system, particularly for victims and witnesses. I confirm that there are no current plans for further rationalisation.
Paul Goggins (Wythenshawe and Sale East) (Lab)
Will the Justice Secretary take this opportunity to update the House on his policy on the office of chief coroner?
Mr Kenneth Clarke
We are considering our policy in the light of the debate and the result in the House of Lords. I have been discussing the matter with various interest groups, various Members of another place, and one or two Members of this House. Some of the lobbyists attribute to the chief coroner powers to tackle all kinds of failings in the system that the legislation never gave him or her. We could deliver some of the substantial changes that need to be made to the coroner system rather more quickly by distributing the functions elsewhere, rather than by creating unnecessarily a whole new office. I am considering the arguments. We ought to concentrate on what outcomes we are trying to produce, rather than argue about structures and new institutions.
Philip Davies (Shipley) (Con)
Has the Secretary of State read the research commissioned by Lord Ashcroft and conducted by Populus called “Crime, Punishment & The People—Public opinion and the criminal justice debate”? If he has read the report, which I commend to him, will he confirm that its findings, which will make sobering reading for him, will be part of the proposals on sentencing?
Mr Clarke
I shall look at the report to see whether it is the source of my hon. Friend’s views on the subject of crime and punishment, which he frequently gives, and then I will try to find some counter-reading to recommend to him. I will try to study it if I get the chance.
The purpose of sentencing in this country is to punish offenders effectively and proportionately for what they have done. The purpose that I intend to add to that more clearly is to try to reduce the number who simply offend again and come back into the system. If we cut reoffending, it will mean fewer crimes and fewer victims, and we will make a positive contribution instead of recycling the same old people through the same old not very well functioning system.
Fiona Mactaggart (Slough) (Lab)
Will the Secretary of State take a look at the case of Shrien Dewani, a British citizen who faces extradition to South Africa? He has shown me convincing evidence that he will not face a fair trial there. Can we reconsider extraditing that citizen?
Dr Julian Huppert (Cambridge) (LD)
T10. The Home Secretary recently announced her intention for police to do 80% of charging. I can see how that is to the benefit of the police, but has the Justice Secretary had any discussions about how we can ensure that it is not to the disbenefit of justice?
Mr Kenneth Clarke
That too is a matter for my right hon. Friend the Home Secretary, and the question should be addressed to the Home Office first.
Kate Green (Stretford and Urmston) (Lab)
Legal aid to take family cases to court will in future be available only when domestic violence is an issue. Otherwise, couples will be expected to go to mediation. However, mediation may not be appropriate where there is a high degree of conflict, even when domestic violence is absent. What consideration is the Minister giving to how such cases will work after legal aid is removed?
Mr Djanogly
We are studying that issue very carefully through the consultation. We believe that mediation, as a cheaper, quicker and less stressful alternative, is normally the best way to go, but there will be circumstances in which it is not appropriate, domestic violence being one of them. We are considering the definition of domestic violence carefully.
Mr David Ruffley (Bury St Edmunds) (Con)
Prisoners who reoffend cost the UK economy £10 billion a year. Is not the real solution for the Secretary of State to continue his excellent record as a public service reformer by incentivising private companies to rehabilitate prisoners and letting them earn a profit when they cut reoffending rates?
Mr Clarke
I am grateful to my hon. Friend, who has worked with me on public service reform in the past. I am glad he shares our objective because, as he says, it saves the economy substantial amounts and reduces the number of victims and further crimes if a higher proportion of those who finish their sentence do not go on to reoffend and get convicted again. The approach that we are adopting to improving the reoffending reduction programmes, which is to pay by results and make it quite clear that charitable and ethical investors can get a return on their capital if they succeed in delivering that objective, is a valuable and innovative way of trying to achieve real results rather than strive needlessly.
Ian Lavery (Wansbeck) (Lab)
Mr Dean, a constituent of mine, is still waiting after three years for full payment of a compensation award from a persistent offender. What action are the Government taking, and what action will they take, against persistent non-payment of compensation awards by persistent offenders?
Mr Blunt
I am afraid that we inherited a criminal injuries compensation scheme that was £765 million in debt. That is why we have inadequate funds to pay compensation, and why the payment of compensation in many cases has, regrettably, been delayed. We are trying to repair a system that was bust when we inherited it.
Stephen Metcalfe (South Basildon and East Thurrock) (Con)
Recently in my constituency, a convicted sex offender who was automatically released at the halfway point of his sentence reoffended in the most appalling way. Will my hon. Friend agree to meet me to discuss both automatic release for predatory child sex offenders, and whether it is appropriate to house such individuals close to young families, schools, a playground and a park?
Mr Blunt
I am very happy to meet my hon. Friend to discuss the individual circumstances of that case. On the face of it, that situation should not have been enabled to happen. There should have been a sensible degree of risk assessment and a proper placement of the individual concerned. I am therefore only too happy to meet my hon. Friend to discuss the details of that case.