Steve Brine (Winchester) (Con)
1. What recent progress he has made on his plans for modernisation of the prison estate.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
If I might trespass on the House’s time for a moment, I would like to welcome the Under-Secretary of State for Justice, my hon. Friend the Member for North West Cambridgeshire (Mr Vara) to his new position and express gratitude to my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) for her work as a Justice Minister.
We have made significant progress on our plans to modernise the prison estate and reduce operating costs. In September we announced a new 2,000-plus place prison, to be built on the former Firestone site in Wrexham. We have launched a feasibility study on possible changes at the site of the Feltham young offender institution, with a potential enlarged new adult prison and a new youth facility on adjoining sites. We will consult on that as progress develops. We have also announced the closure of 1,400 uneconomic places, which will contribute to our overall plans to reduce prison costs by more than £500 million in this spending review period. However, we remain on track to go into the next election with more adult male prison places than we inherited in 2010.
Steve Brine
I thank the Lord Chancellor for that answer, but may I make a plea to him to remember local prisons? He knows that genuine local prisons, such as Her Majesty’s prison—and now the young offender institution—in Winchester, play a central role in the secure estate, but they need investment too, especially in Winchester. The recent closure of prisons in Kingston, Reading and Dorchester is already having an impact on the secure estate in Winchester.
Chris Grayling
I pay tribute to the team that works in Winchester. They do a first-rate job for all of us, and Winchester will, of course, continue to play an important part in our work in the Prison Service. We are in the process of finalising plans to change the nature of our prison estate, with the local focus described by my hon. Friend, so that we will have a network of resettlement prisons from where most prisoners will be released into the areas in which they will then live.
Ian Lucas (Wrexham) (Lab)
This morning Her Majesty’s chief inspector of prisons issued a report expressing concern about Oakwood prison in Staffordshire, which is the most recent prison to be built. What assurances can the Secretary of State give that the Wrexham prison to which he has referred will not have similar difficulties when the Government undertake its building?
Chris Grayling
Prison professionals all say that the early days of a new prison are difficult. Clearly there is still work to be done at Oakwood and that is a priority for us. The hon. Gentleman will be aware, however, that some of the criticisms of Oakwood refer to the fact that it is a privately run prison. I have taken no decision about the status of the prison in Wrexham, but I remind the hon. Gentleman that it was the Labour party that took the decision to privatise Oakwood.
Miss Anne McIntosh (Thirsk and Malton) (Con)
15. The prison facility in Northallerton, in the constituency of the Secretary of State for Foreign and Commonwealth Affairs, which also serves Thirsk, Malton and Filey, is closing. Will those who work there be offered places elsewhere in the Prison Service, and has the Secretary of State given any thought to a new, replacement institution coming to Northallerton or York?
Chris Grayling
Closure decisions are never easy for the staff and communities involved. I regret the need to take such decisions, but we have to continue the process of new for old in the prison estate. I can give my hon. Friend an assurance that we will ensure that voluntary redundancy or transfers will be available for the staff affected. We aim to transfer as many staff as possible to other prisons and we will, of course, make sure there is appropriate and adequate coverage in my hon. Friend’s part of the country. That is the least we can do to protect her constituents.
Andrew Gwynne (Denton and Reddish) (Lab)
Does the Secretary of State not agree that, in the light of the recent inspection report of Her Majesty’s chief inspector of prisons, the prison estate is actually getting worse, not better?
Chris Grayling
I am afraid that I do not agree. We are moving as fast as we can to modernise the prison estate, to bring in new, quality accommodation. Next year we will open four new house blocks, which will provide modern, updated accommodation. If the hon. Gentleman visits some of the older, Victorian prisons, he will see for himself that they are poor places to deliver proper rehabilitation services: there is not enough space for workshops or training facilities. I think that a modern prison estate is much better for all of us.
Karl MᶜCartney (Lincoln) (Con)
21. Recently, a number of individuals who are being detained at Her Majesty’s pleasure at Lincoln have caused excessive damage to the fixtures in their solitary cells. Those incidents highlight the need for custodial sentences to be lengthened as a deterrent and not imposed concurrently. However, I trust that the Secretary of State, like me, is pleased that organisations such as the Gelder Group in Lincoln are willing to help rehabilitate offenders back into our communities by offering construction-related training courses. Does he agree that any modernisation of our prisons must encourage the development of such schemes?
Chris Grayling
We are keen to see as many work and training opportunities in our prisons as possible and we continue to look for more such opportunities. I pay tribute to the team in Lincoln for achieving that. Causing damage to a prison is wholly unacceptable. We have taken steps that will lead to inmates being charged for the damage that they cause from their prison pay. That has not happened in the past, but it must happen in the future.
Sadiq Khan (Tooting) (Lab)
If I may correct the Secretary of State, it was the Minister without Portfolio, the right hon. and learned Member for Rushcliffe (Mr Clarke) who decided that Oakwood should be run by G4S. He may be socially liberal, but he is not Labour. I echo the comments that have been made about the Under-Secretary of State for Justice, the hon. Member for North West Cambridgeshire (Mr Vara) and welcome him to the Front Bench. It really is nice to see him there.
“We have a very good model for prison development in Oakwood… That site has multiple blocks and first-class training facilities. To my mind, it is an excellent model for the future of the Prison Service.”—[Official Report, 5 February 2013; Vol. 558, c. 114.]
That is what the Secretary of State for Justice told us earlier this year. Oakwood was his blueprint for the future. In the light of today’s damning report, which states that the prison has failed at every level, does he stand by those words?
Chris Grayling
I invite the right hon. Gentleman to go to Oakwood to see the facilities, which were praised in today’s report. I am afraid that he is just not right. I have checked this information today. The contracting process, including the invitations to tender to the private sector to run Oakwood, started under the last Labour Government.
Caroline Dinenage (Gosport) (Con)
2. What steps he is taking to address literacy and numeracy problems in prisons.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
Improving prisoners’ literacy and numeracy levels is a key focus of the Offenders’ Learning and Skills Service. When a need is identified, prisoners are offered teaching and support as a matter of priority. As my hon. Friend knows, a number of charities provide invaluable support in that area.
Caroline Dinenage
In prisons across the country, education can take a long time to access and is often viewed as a reward for good behaviour, rather than as a vital cornerstone of rehabilitation. What plans does my hon. Friend have to help prisoners overcome those barriers and access the skills that will be vital to them on release?
Jeremy Wright
My hon. Friend is entirely right that rehabilitation is crucial and that education is a crucial part of rehabilitation. We will ensure that prisoners have every incentive to engage in rehabilitation. That means reforming the incentives and earned privileges scheme so that they have clear incentives, and it means ensuring that prisoners who want to get to the top of that scheme help other prisoners in a range of ways, one of which may be operating as a mentor or learning tutor—roles that, as she knows, are often supported by charities.
Kevin Brennan (Cardiff West) (Lab)
I, too, welcome the Under-Secretary of State for Justice, the hon. Member for North West Cambridgeshire (Mr Vara) back to the Front Bench. It is, dare I say it, a practical example of rehabilitation. On education in prisons, is the Minister aware of the innovative scheme in Cardiff prison, where the prisoners have opened a restaurant that is open to the public? That is a great help in providing prisoners with the kind of skills, including literacy and numeracy, that they will need when they re-enter the community.
Jeremy Wright
I am grateful for the hon. Gentleman’s remarks. The Under-Secretary of State for Justice might provide an example of rehabilitation, if not of earned release. The Clink at Cardiff prison is a fine example of rehabilitation. It allows prisoners to gain the skills that we all know they need to go on and live law-abiding lifestyles. I have eaten there, as has the Secretary of State. It is a very good example of rehabilitation and we want to see more of it.
Miss Chloe Smith (Norwich North) (Con)
I thank the hon. Gentleman for his explanation of the importance of literacy and numeracy. Following the visit of the Secretary of State to Norwich prison in my constituency in the summer, will he provide an update on how he expects more work to be made available to prisoners to ensure that they stand the best chance of rehabilitation on release?
Jeremy Wright
My hon. Friend is right that work in prison is crucial. We are having considerable success in that area. Last year, 800,000 more hours were worked in prisons than the year before. That is progress, but there is more to do. Work is important because it gives prisoners not only the hard skills that they need to earn qualifications and to get and keep a job, but softer skills such as working in a team, getting up in the morning and understanding the necessity of working a proper working day. All of that is important and we want to see more of it in our prisons.
Christopher Pincher (Tamworth) (Con)
3. How his new model of legal aid tendering will help to ensure a more stable environment for law firms in the future.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Under our proposals to reform legal aid, contracts will be let for at least four years and defendants will be free to choose their lawyer. Current firms can continue, provided they meet minimum quality standards. An updated tendering model for duty work seeks to make the market more sustainable by awarding contracts based on quality and capacity, not on price. All those proposals have been worked through and agreed with the Law Society.
Christopher Pincher
I am grateful to my right hon. Friend for that answer. A number of firms in my constituency have initial concerns about the proposals, particularly firms such as Harringtons that have been encouraged to specialise in legal aid. Will my right hon. Friend commit to providing interim payments to such firms in long-running and complex cases, as that would be of great benefit to them?
Chris Grayling
I can give that assurance to my hon. Friend. We are looking across the legal aid and legal services world at ways to improve cash flows, where appropriate by providing interim payments to barristers and solicitors, and we have invited ideas from all parts of the profession on how best to do that. Even if we have to take tough overall financial decisions, I am keen to ensure that we ease cash flow challenges, which are a regular complaint from lawyers.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
Given the large number of local black, Asian and minority ethnic legal firms, including in Liverpool, why has no equality impact assessment been undertaken on the Government’s plans for legal aid?
Chris Grayling
We have done equality work, and the changes announced in September will mean that there should be no reason for any BAME specialist firm to have to change what it does.
Nigel Mills (Amber Valley) (Con)
18. Will the Secretary of State confirm that the revised proposals have been agreed with the Law Society, and that small, local law firms will have continuing access to get that work?
Chris Grayling
I can give that confirmation. We have tried to ensure that through a contracting structure for duty work, we can guarantee that anybody who is arrested and taken to a police station will always have access to a lawyer. At the same time, we recognise the point about small firms in my hon. Friend’s constituency, and those in Liverpool mentioned by the hon. Member for Liverpool, Wavertree (Luciana Berger). Such firms can continue to do their own client work, albeit in a tough financial environment, so that the choice that has been enjoyed in the past will continue.
Dr William McCrea (South Antrim) (DUP)
Will the Secretary of State tell the House what recent discussions he has had with the Minister of Justice in the Northern Ireland Assembly on the sensitive issue of legal aid, and say what was the outcome of those discussions?
Chris Grayling
I have had a number of discussions with the Justice Minister over the months. We have not specifically discussed our legal aid reforms, but I know he has similar financial challenges to ours. He has mentioned those challenges to me, and I know he is looking at how best to deal with them.
Simon Hughes (Bermondsey and Old Southwark) (LD)
The Secretary of State knows how welcome his announcement was a few weeks ago, and how he listened to responses. Concerns remain, however, about the shortage of members of the Bar doing legal aid work in welfare law and the like, and about the fees currently proposed for remunerating them. Is he willing to look open-endedly at that fee regime to ensure that we have good lawyers who are able to represent people on legal aid in the future?
Chris Grayling
We will continue to try to ensure that we provide the right financial balance. Most senior members of the Bar mention the number of people training as barristers compared with the number of pupillages available, as that represents a huge challenge for the legal profession. The Government will continue to work to achieve the right balance, but under our proposals for criminal legal aid, in normal routine Crown court work the lowest daily amount we will be paying is £225 plus VAT.
Mr Andy Slaughter (Hammersmith) (Lab)
Does the Secretary of State agree with the former chairman of the Criminal Bar Association who commented this weekend that for the Secretary of State to hold a “global law summit” to celebrate Magna Carta, while destroying access to justice through his legal aid policy, and access to human rights by his threats to repeal the Human Rights Act 1997 and withdraw from the European convention on human rights, is “hypocrisy” that “beggars belief”?
Chris Grayling
Everyone has a right to their opinion, and I think that that is complete hogwash. It is absolutely right and proper that this country should celebrate a profession that makes a huge contribution to this country and its economy. We should celebrate our long legal traditions and we will do so proudly in 2015. That does not mean that we do not have to take tough financial decisions to clear up the mess that Labour left behind.
Mr Slaughter
The right hon. Gentleman has never been a big fan of the Criminal Bar Association—that might be reciprocated—but does he agree with the president of the Supreme Court, who last week said that legal aid:
“ensures that the most underprivileged people in society, the people who need the protection of the law most…get a proper hearing”
and that
“legal aid cuts therefore do cause any person concerned with the rule of law worry”?
Chris Grayling
That is precisely why, despite taking the tough financial decisions, we are ensuring that anybody who cannot afford it, if they are arrested and charged with a crime, will always have access to a qualified lawyer, and qualified barrister if they need one, to provide them with a proper defence, according to the traditions of Magna Carta.
Annette Brooke (Mid Dorset and North Poole) (LD)
4. What recent progress he has made on improving women’s prisons.
Lorely Burt (Solihull) (LD)
13. What recent progress he has made on improving women’s prisons.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
We are committed to improving standards across women’s prisons to meet the needs of women offenders. We have recently conducted a review of the women’s custodial estate, the results of which will be announced in the near future. The review will inform future policy development and improvements in how the female custodial estate is configured.
Annette Brooke
I was recently visited by local soroptimists, who told me about their national campaign to end the unnecessary imprisonment of women in the UK. Will the Minister give his support to this campaign and put more emphasis on community sentencing, rehabilitation and support?
Jeremy Wright
I will certainly have a look at the campaign to which my hon. Friend refers, but we believe that there are women who need to be imprisoned, having committed offences that justify imprisonment, and for whom, for reasons of punishment and public protection, imprisonment is appropriate. It is of course important to recognise that they have different requirements from male prisoners and to ensure that the female custodial estate reflects that. She is also right that rehabilitation is crucial. I hope she can be a little more patient and wait to hear what we have to say about the women’s custodial estate. I think she will be pleased to hear what we have to say about the need to put rehabilitation at the heart of everything we do.
Lorely Burt
I recently visited Downview prison, and I am surprised now to learn that it is being reroled—as the term goes—into a male prison. Will my hon. Friend assure me that the resulting savings to the women’s estate will be reinvested in prevention and community alternatives for women, as the Justice Secretary promised the hon. Member for Slough (Fiona Mactaggart) on 2 July?
Jeremy Wright
Again, I hope my hon. Friend can be a little more patient and wait for the results of the review. When she sees those results, she will see that when it comes to resources, we think it is extremely important that we invest in rehabilitation, both for those women in the custodial estate because they need to be and for those women who could be better accommodated in the community. It is important that we recognise, however, that it is for the judiciary and magistrates to decide who needs to go to prison and who does not. It is our job to provide the capacity necessary. On Downview, we calculated that that capacity could be better used for the male estate than the female estate, but as I say, when she sees the results of the review, she will see that we have in mind many of things she has mentioned.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
The hon. Member for Maidstone and The Weald (Mrs Grant), previously a Justice Minister, concentrated much of her time on women in prison and women generally in the justice system. Will the Minister tell me whether, as the previous Minister aimed to ensure, the bulk of Baroness Corston’s report will be implemented within this Parliament?
Jeremy Wright
As I think the right hon. Gentleman knows, 40 of the 43 recommendations in the Corston report have already been implemented. On the rest, he will know that the last Government decided that it was not the appropriate course of action, as Baroness Corston recommended, to pursue custodial units for women. Again, I am afraid, I must ask him to wait a little longer and see what we have to say on that subject, but he is absolutely right to pay tribute to my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), now the sports Minister, and I hope that he will see the fruits of her labour in the work we are about to reveal.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
Will the Secretary of State confirm how many women’s centres he expects to close as a result of funding cuts?
Jeremy Wright
Again, the hon. Lady will have to be patient and will have to see what we have to say about provision for women across the board. It is right that we do this in a holistic way, as I am sure she would agree, and that we present proposals that have been properly thought through and properly costed, so that we can explain how we think it is best to provide custody and rehabilitation for all female offenders.
Nick Smith (Blaenau Gwent) (Lab)
6. What progress he has made on investigating the reported misuse of public money by private contractors who hold contracts with his Department.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
We are in the process of auditing every contract that my Department holds with G4S and Serco. We will not be awarding the companies any new contracts unless or until those audits are completed to our satisfaction. We expect the audits to be completed later in the autumn.
Nick Smith
Why will the Minister not publish the PricewaterhouseCoopers report on the activities of G4S before any future Ministry of Justice contracts are awarded?
Chris Grayling
The hon. Gentleman will be aware that these matters are currently being considered by the Serious Fraud Office. He will therefore understand that it would not be legally appropriate to publish items being considered by the SFO until it has completed its consideration.
Mr Crispin Blunt (Reigate) (Con)
My right hon. Friend will be more than aware of the importance of private sector suppliers to the Ministry of Justice in delivering his strategic objectives of greater efficiency and better use of public money. He will also know that those suppliers are responsible for the more efficient and innovative delivery of the whole justice agenda, so will he be sure not to throw the baby out with the bathwater and remember the terrific role that the private sector has played in achieving enormous savings for the taxpayer, which will dwarf any of the issues that he is dealing with? Will he also ensure that no mistakes are made either by the contracting departments in the Ministry of Justice or by the suppliers?
Chris Grayling
I can give my hon. Friend an assurance on both those points. It is important to remember that, notwithstanding the issues that have arisen, a large number of the people working for private contractors on behalf of the Government are doing a very good job for us. It is ironic that, before the Labour party returned to its socialist roots in the past few weeks, it too used to believe in outsourcing to the private sector. It has clearly changed its mind now; that is all part of the trip back to the days of Michael Foot and Neil Kinnock.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
The Lord Chancellor will recall that prison privatisations had to be halted because of the investigations that were taking place into two private sector contractors. Does he recognise that the very small number of private contractors available to take on these major contracts and the limited skills of the civil service to manage those contracts pose a threat to the achievement of his objective of transforming rehabilitation?
Chris Grayling
It is certainly unwelcome when we have issues with private contractors. I believe that it is important for the Government to broaden their ambit in terms of the organisations that they do business with. There is a large number of organisations out there in the voluntary and private sectors with skills to bring to the Government, and I hope that we can latch on to those skills and make good use of them. It is important for the future of Government contracting that we do not become too dependent on a very small number of suppliers.
Mr Marcus Jones (Nuneaton) (Con)
7. What progress he has made on the roll-out of changes to the incentives and privileges scheme in prisons.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
Changes to the incentives and earned privileges scheme to ensure that prisoners earn their privileges will take effect on 1 November this year. As my hon. Friend will know, we have already removed 18-rated DVDs and subscription television services. In addition, we are separately considering a revised system of incentives and privileges for young people in under-18 young offenders institutions.
Jeremy Wright
I can tell my hon. Friend that for as long as my right hon. Friend and I are in charge of prisons, they will not be places of luxury. We have made it clear that when prisoners want to wear their own clothes, and to have access to television or to more of their own money, they will have to earn those privileges. As my right hon. Friend said earlier, we are going further than that in saying that prisoners who cause damage to their cells will not only be punished for that within the prison system but will be expected to pay for the damage.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Has the review that was promised after the Reece Ludlow revelations about prisoners having access to graphic images of their victims been concluded, and has that practice now ceased?
Jeremy Wright
I think the hon. Gentleman is referring to prisoners having access to legal papers relating to their cases. This is a difficult problem because, as he will recognise, prisoners have certain rights of access to their legal papers, but it is a cause for concern to us, and to him, that they might have access to materials that they can keep in their cells and show to other people. That is clearly inappropriate, and we are looking into how we can best restrict that access. He can rest assured that we are seeking to do that.
Rehman Chishti (Gillingham and Rainham) (Con)
8. What progress he has made on the digitisation and modernisation of the criminal justice system.
The Minister for Policing and Criminal Justice (Damian Green)
The criminal justice system strategy and action plan that I launched in June sets out a clear path for the modernisation and digitisation of the criminal justice system. To drive this work forward, we have secured investment of £160 million, which supports three tranches of transformation: the second phase of the CJS efficiency programme, which will deliver the “digital courtroom”, a new CJS common platform programme and a programme to digitise policing.
Rehman Chishti
I thank the Minister for that answer, but will he clarify what key improvements can be expected for victims and witnesses from this modernisation?
Damian Green
There are a number of individual actions within the programme that guarantee that. My hon. Friend is right to identify these groups as key people who need to see improvements. I shall pick three examples. First, it will be easier for witnesses to give evidence by video link, which is particularly important for vulnerable witnesses. Secondly, we will extend the successful TrackMyCrime system, which has been developed in Avon and Somerset to give victims the opportunity to follow the progress of their case online. Thirdly, we will pilot section 28 of the Youth Justice and Criminal Evidence Act 1999, which provides for pre-recorded cross-examination for vulnerable witnesses—again, particularly welcome in child sexual exploitation cases.
Ian Austin (Dudley North) (Lab)
Of course the best way to modernise the criminal justice system would be to not close Dudley’s magistrates court, currently threatened with closure by the Minister’s Department, which will force victims and witnesses to travel to Sandwell, Walsall and Wolverhampton at great expense in terms of money and time. Would Ministers be prepared to meet magistrates and local people from Dudley so that they can hear directly from them why Dudley’s criminal court should stay open?
Damian Green
I am always happy to meet magistrates, which I do on a number of occasions because we are consulting on the future of the magistracy. However, the introduction of video links means that people will not need to travel the distances that the hon. Gentleman talks about. Police officers from police stations and vulnerable witnesses in particular will be able to give evidence from places of safety. That is the way to have an efficient estate in future, while also giving proper protection to vulnerable witnesses.
Bill Esterson (Sefton Central) (Lab)
9. What assessment he has made of the potential effect on children of recent changes to legal aid.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Impact assessments and equalities analyses were published to accompany the Royal Assent of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and there has been the “Transforming Legal Aid” consultation document of April 2013, and the Government response and further consultation published on 5 September 2013. These included the Government’s assessment of the impact on children.
Bill Esterson
The Government say that people who no longer receive legal aid will find other means of resolving legal issues. Will the Secretary of State tell me just how he expects most children to navigate their way around the very complex legal system in this country?
Chris Grayling
We have taken a number of steps to ensure that children do continue to receive legal aid. As an example, we have allowed children under 12 months to still be entitled to legal aid and to be exempt from our residence test. We have taken a number of similar measures, too, but the hon. Gentleman has to understand that we cannot continue to have a legal aid system that is as expensive as the one we have and that is far more expensive than its counterparts in other parts of the world. We cannot provide access to finance for everyone.
Henry Smith (Crawley) (Con)
Will my right hon. Friend say what reforms, in addition to the reforms to the legal aid system, are proposed for greater transparency in the family court system for the sake of the children involved?
Chris Grayling
I can indeed. I pay tribute to Justice Munby who is working on plans for transparency and how the Court of Protection works. The reforms he will be putting in place will, I think, make a big difference to the way in which the courts work, making them more transparent and more open about the work they do. I look forward to seeing the fruits of his labours.
Lilian Greenwood (Nottingham South) (Lab)
19. The Children’s Society said of the Government’s legal aid proposals that“these changes will prevent some of the most vulnerable children, young people and families from seeking and obtaining justice.”What has the right hon. Gentleman changed to allay those fears?
Chris Grayling
We have found the right balance between protecting the interests of the justice and sustaining a legal aid system that provides justice—for example, by protecting civil legal aid in some of the most sensitive child custody cases. I say again, however, that in a world of tight finance, we cannot do everything for everyone.
Harriett Baldwin (West Worcestershire) (Con)
Does the Secretary of State agree that when children are charged with a crime, it is essential that they appear before magistrates as soon as possible? Will he ensure that the youth magistracy computer system puts a strong emphasis on speed, particularly in Worcester?
Chris Grayling
My hon. Friend is absolutely right, and if particular issues emerge in Worcester, I shall ask the Minister for Policing and Criminal Justice to take a look at them with her. We obviously do not want inappropriate and unnecessary delays in bringing young people in particular to justice.
Karl Turner (Kingston upon Hull East) (Lab)
10. When he expects to put out to tender contracts for privatising probation.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
On 19 September, the Ministry of Justice launched the transforming rehabilitation competition. It will be open to organisations from the private and voluntary and community sectors, as well as those who are currently working in probation trusts, to bid for contracts for the 21 community rehabilitation companies that will be responsible for supervising and rehabilitating low and medium-risk offenders each year. The competition will continue during 2014, and contracts will be awarded and mobilised by 2015.
Karl Turner
Does the Minister accept that the Offender Management Act 2007 was about probation trusts commissioning services locally, rather than about the abolition of local probation trusts and the commissioning of services from Whitehall, which is what he is now proposing?
Jeremy Wright
No. I have the Act in front of me, and section 3(2) states:
“The Secretary of State may make contractual or other arrangements with any other person for the making of the probation provision.”
The Act means what it says. If the hon. Gentleman believes that the last Government passed legislation that they did not intend to pass, no doubt he will want to take that up with the former Ministers in his own party who were responsible.
Jenny Chapman (Darlington) (Lab)
The Secretary of State said in the House, referring to this very issue,
“Sometimes we just have to believe something is right and do it”.—[Official Report, 9 January 2013; Vol. 556, c. 318.]
However, leaping in and hoping for the best is a sure-fire way of getting it wrong.
Let us look at the Secretary of State’s record. Only 2% of offenders on the Work programme have found jobs; dangerous offenders are not being properly risk-assessed before release; in a brand-new prison, obtaining drugs is easier than obtaining soap; and mismanaged contracts with G4S and Serco are under investigation for fraud. I could go on. Does all that not represent the triumph of the Secretary of State’s wishful thinking over public safety?
Jeremy Wright
I barely know where to start, but let us start here: it is a good idea to read the facts and not the newspaper headlines. What the hon. Lady has described is a travesty of what we are proposing to do. If she is talking about the involvement of the private sector in the monitoring of contracts, she needs to be extremely careful, because she ought to know that those contracts were negotiated by the last Labour Government. She is sitting in a very large glass house and throwing stones in every direction.
I think it important for us all to understand exactly what we are proposing to do, which is to bring new people with new ideas into the provision of rehabilitation for offenders of all kinds. It is important for us to recognise that the status quo should not be what we seek to defend. Reoffending rates are too high, and we need to bring them down. If the hon. Lady wants to defend the status quo, that is up to her, but we intend to improve the situation.
Mr Speaker
Order. We must make some progress. I want to allow Back Benchers to speak, and conceivably even a Front Bencher.
David Mowat (Warrington South) (Con)
11. What assessment he has made of the scope for further savings in the justice system in England and Wales.
The Minister for Policing and Criminal Justice (Damian Green)
The Ministry of Justice has committed itself to saving a further 10% of its budget, or £695 million, in the year from April 2015. We are reforming rehabilitation and legal aid, making prison more cost-effective, and improving the effectiveness of the courts and criminal justice system. That adds to the savings of well over £2.5 billion that have been made since the 2010 spending review.
David Mowat
Many Departments use skilled professionals to deal with routine and complex matters. They include surgeons, scientists and, of course, barristers. However, the Ministry of Justice is unique in paying a sub-set of criminally aided barristers salaries that are two, three or four times higher than those received by, for example, surgeons. Can the Minister confirm that the current reforms will address that issue?
Damian Green
My hon. Friend has identified a real problem, which we are indeed addressing. A small number of cases cost a disproportionate amount of the legal aid budget: for instance, a recent criminal case cost about £8 million in legal aid. That clearly cannot continue in the current economic climate, and we are therefore reducing the cost of long-running criminal cases—known as very high cost cases—by 30%. We are also consulting on revised models of payment for advocacy fees.
Fiona Mactaggart (Slough) (Lab)
On 2 July, the Secretary of State promised me that if he closed a women’s prison, the savings would be invested in reducing offending by women. Will the new all-male team at the Department ensure that ring-fenced action is taken to prevent women’s offending?
Damian Green
I am happy to reassure the hon. Lady that the good work that was conducted by my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), who has moved on to pastures new, will be continued. As the Under-Secretary of State, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), said in answer to a previous question, if hon. Members can be patient for a few weeks, they will learn more about the prison estate.
Stephen McPartland (Stevenage) (Con)
12. What progress he has made on rehabilitating young offenders.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Better rehabilitation of young offenders is a priority for the Government, and I will make a further announcement about our plans in the very near future.
Stephen McPartland
I am a patron of Trailblazers, a national charity that mentors young offenders. Will the Secretary of State confirm that offenders on the youth estate aged between 18 and 21 will be transferred to resettlement prisons three months before the end of their sentence, as is the current plan for adult offenders, and will he visit Trailblazers with me?
Chris Grayling
I am happy to visit my hon. Friend, his constituency and the charity concerned. I can confirm that it is our intention that almost all prisoners will be released from resettlement prisons, so that we can provide a proper through the gate service.
Huw Irranca-Davies (Ogmore) (Lab)
Will the right hon. Gentleman join me in praising the work of the excellent team at Parc prison on the edge of my constituency where many of my constituents work? They do tremendous work with young offenders serving a custodial sentence, re-entering normal life and entering work. Can he explain why his Department at one time sought to abolish the Youth Justice Board?
Chris Grayling
Let me pay tribute to the team at Parc, who do a first-rate job. I have been there myself. There is no and has never been any intention to abolish the functions of the Youth Justice Board. It has been a question purely of what the best corporate structure is for it.
Dr Julian Huppert (Cambridge) (LD)
14. What steps he is taking to strengthen the prisons and probation ombudsman.
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
We are reviewing the prisons and probation ombudsman’s terms of reference to make even clearer his independent status and role in investigating deaths in custody and in responding to complaints from detainees. I fully support the ombudsman’s steps to improve the quality and timeliness of investigations and to ensure that others can learn lessons from his findings.
Dr Huppert
I thank the Minister for his comments but the changes proposed to prison legal aid put a great deal of weight on the quality of the prisons and probation ombudsman. What certainty can the Minister give that that will increase the quality and speed of decisions and save money? Can he be sure that that will happen?
Jeremy Wright
We believe that this is a better way of resolving matters in the prison system than spending money on legal aid, but I can reassure my hon. Friend that the Secretary of State has met the ombudsman to discuss precisely the issues that he has raised, and we will work with the ombudsman to ensure that his office is capable of dealing with any additional demand that may be generated.
Paul Goggins (Wythenshawe and Sale East) (Lab)
May I urge the Minister to extend the ombudsman’s powers to include investigation of the deaths of transferred prisoners who are moved into secure mental health units for mental health treatment? At present, such deaths are subject only to internal NHS review rather than the full scrutiny that would be required if the death occurred in a prison.
Jeremy Wright
The right hon. Gentleman makes a very interesting point. If he will forgive me, I would like to reflect on it. I will come back to him.
John Glen (Salisbury) (Con)
17. What steps he is taking to protect families and vulnerable people from aggressive bailiffs.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
May I begin by thanking the Justice Secretary, the shadow Justice Secretary and the hon. Member for Cardiff West (Kevin Brennan) for their kind words of welcome? I thank them for the warmth that I have received from both sides of the House.
From next April, new protections in law will include restrictions on the circumstances in which bailiffs can enter someone’s home, when they can do so and the items they can take. Moreover, training for bailiffs will include what to do if a debtor is vulnerable.
John Glen
I thank the Minister for that answer and welcome him to his new post. My constituent Ian Davies came to see me because his son was hassled by debt collectors for over six months—they were not updated when the amount of legal aid he needed to pay changed. What steps are being taken to ensure better communication between the Legal Services Commission and the enforcement agencies?
Mr Vara
I am grateful to my hon. Friend for those comments. A considerable amount is being done at the moment. and he will forgive me if I say that I have not reached the relevant page in my briefing pack yet, but I will write to him with the answer, which I hope will satisfy him.
John Howell (Henley) (Con)
I thank the Minister for his answer, but how much harder will all these changes make it for rogue bailiffs to operate?
Mr Vara
A huge number of reforms are being put in place. With regard to rogue bailiffs, we have put in place a number of remedies. For example, if there is a debt to a local authority, there is recourse to the local authority’s ombudsman. Bailiffs’ certificates can be taken away and it is a criminal offence for a bailiff to operate without a certificate. Moreover, the goods that have been confiscated can be returned. So a number of measures are in place to ensure rogue bailiffs do not operate.
Simon Danczuk (Rochdale) (Lab)
20. Whether he has any further plans to reduce the number of courts in England and Wales.
Mr Speaker
Questions are something like buses; none for a while, then two at once.
The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
Very much so, Mr Speaker. I am happy to say that performance is the best it has ever been, against a background of increasing work load. The Office of the Public Guardian is also currently undertaking a review of its supervision function in order to ensure it can continue to safeguard vulnerable adults and deal with work load.
Simon Danczuk
I am obviously concerned about the number of magistrates courts that have been closed since this Government came to power. Rochdale magistrates court has remained empty since the Government decided to close it over two years ago. How much is it costing to keep courts empty, and why do the Government not simply donate Rochdale court to the people of Rochdale for community use?
Kate Green (Stretford and Urmston) (Lab)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
I would like briefly to update the House on proposals for tougher sentencing. I am sure the House will agree that it is simply not acceptable that offenders who commit some truly horrific crimes in this country are automatically released from prison without serving the full sentence regardless of their behaviour, attitude and engagement in their own rehabilitation. The last Government enshrined this automatic early release in legislation. I intend to change that. Given the financial mess left behind by the Labour party it is not possible to end automatic early release for all offenders straight away, but it is my intention to take the first step in that direction. I will shortly be introducing legislation to ensure that criminals convicted of rape or attempted rape of a child or of terrorism offences will no longer be automatically released at the halfway point of their prison sentence. Instead they will have to earn their release by the Parole Board. This means that many serious criminals will end up spending significantly longer in prison.
Kate Green
According the Prison Advice and Care Trust, 66% of women in prison have dependent children, but although a minority are looked after by their fathers while their mothers are prison, it is very uncertain who is caring for many of those children during their mother’s sentence. What are the Government doing to ensure sentencers properly take account of the best interests of dependent children in making sentencing decisions?
Chris Grayling
We are looking very carefully at the whole issue of the women’s estate, and I very much recognise the issue to which the hon. Lady refers. It is obviously difficult not to imprison somebody guilty of a serious crime, but at the same time I believe we need to do everything we can to move women in detention closer to home and closer to family. When we announce our plans for the women’s estate in due course, I hope she will see we have taken that factor heavily into account.
Stephen McPartland (Stevenage) (Con)
T3. I am chair of the all-party group on child and youth crime, and although crime is falling, too many of our young people are being sucked into a life of crime, and too many are becoming involved in, or victims of, violence. What does the Secretary of State plan to do to stop this cycle of abuse?
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)
My hon. Friend is right. He will recognise there are two encouraging statistics and one depressing one in this context. The two encouraging statistics are the number of young people coming into the criminal justice system in the first place and the number of those who are incarcerated, but he is right: the one that is depressing is the rate of reoffending, which is over 70%. We need to take a look not just at rehabilitation more broadly, as he knows we are doing, but specifically at the youth custodial estate. He will hear, in very short order I hope, what we plan to do to reform that.
Sadiq Khan (Tooting) (Lab)
This Justice Secretary and his Government have failed to stand up to G4S or Serco, which, as my hon. Friends have reminded the House, failed with the electronic tagging of prisoners and with the transfer of prisoners, and are failing in Oakwood prison, and he is refusing to rule out both companies from the process in relation to probation. Why should we believe that his plans for privatising probation will fare any better?
Chris Grayling
It is important to make two points. First, the investigation into the contracts for electronic monitoring refers to events that took place in 2009 and to contracts that were let in 2005 by the previous Government. It is also important to bear in mind that these very serious issues are currently subject to investigation by the appropriate authorities. The right hon. Gentleman will therefore understand that there are strong legal reasons—this is easy to avoid when in opposition but not when in government—why we have to be measured about what we say, and I intend to continue to do that.
Sadiq Khan
He may be six foot four, but he is weak. Experts, the Ministry of Justice’s own risk register and Opposition Members have all warned about the dangers to public safety from putting private companies such as G4S and Serco in charge of people who have committed serious and violent offences in the way the Government plan—and all this is to be done with no piloting. Why is the Justice Secretary playing fast and loose with public safety?
Chris Grayling
Let us be clear what our proposed probation reforms do. At the moment, and during all the years the previous Government were in power, anyone who goes to jail in this country for less than 12 months walks on to the street with £46 in their pocket, but no help and no supervision whatsoever, and the majority of them reoffend. It is time that changed, and that is what our reforms will do.
Stephen Mosley (City of Chester) (Con)
T4. Does my right hon. Friend agree that some offences merit a greater punishment than just a slap on the wrist? What action is he taking to reform the use of cautions?
The Minister for Policing and Criminal Justice (Damian Green)
I completely agree with what my hon. Friend says, and it is why my right hon. Friend the Lord Chancellor has announced that simple cautions will no longer be available for those cases that must be heard in a Crown Court and for a range of other offences, such as possession of a knife, supplying class A drugs and a range of sexual offences against children. That is exactly the kind of toughening of the system that the public want to see.
Susan Elan Jones (Clwyd South) (Lab)
T6. In light of the announcement of a new prison for male prisoners in north Wales, will the Justice Secretary assure me that he will re-examine the provision for female prisoners, given the inordinate distance to travel to HMP Styal?
Jeremy Wright
I am going to sound like a stuck record at this rate, but I am afraid that I must tell the hon. Lady what I have told others earlier. She knows that we are looking at the female custodial estate, and one of the reasons why are doing so is, as she mentioned, the distances travelled by visitors, family and friends to visit people in custody. We will announce—in a relatively short time, I hope—what we intend to do, and she will see how we attempt to address the point she raises.
Peter Aldous (Waveney) (Con)
T8. The wrong decision to close HMP Blundeston in my constituency was taken after a detailed evaluation of every establishment across the prison estate. Please can the Minister publish the evaluation report for Blundeston and confirm that it took full account of both the building improvements that have taken place in the past two years and the work done by staff in that period to make Blundeston a high-performing, well-run and cost-effective prison?
Jeremy Wright
As my hon. Friend would expect, I cannot agree that the wrong decision was taken, but I can reassure him that we carried out a full and proper assessment of what was going on not only at Blundeston, but across the estate. The reason I cannot publish that is, as he will immediately understand, that it is a comparative analysis and so would cause considerable consternation among prisons that did not quite make the cut. However, we will do everything we can to ensure that those currently employed at Blundeston are properly looked after, and we will work with him in any way we can to address the future use of the site. He and I have spoken about this matter many times, and I am sure that those who work at the site and have him as their representative will be very grateful for his interest.
Dan Jarvis (Barnsley Central) (Lab)
T7. Will the Minister publish the risk register for his probation privatisation plans, so that the public can see at first hand the dangers they are being exposed to as a result of this reckless rush to dismantle and fragment our probation service?
Chris Grayling
Let me tell the hon. Gentleman what I think would be a danger to the public—to continue to release people on to our streets after short sentences and with a high risk of reoffending with no supervision whatsoever. It should never have happened, it is unacceptable and the sooner it stops the better.
Duncan Hames (Chippenham) (LD)
The most difficult questions for a judge to consider must include those cases whose chances of success may be deemed borderline. Where does that leave important questions such as those posed by my late constituent Tony Nicklinson, who had locked-in syndrome and sought the right to die? Would the Minister deny legal aid to him and others who survive him?
Chris Grayling
Every case must be judged on its own merits. We cannot provide legal aid for every possible case that can be pursued, but we will retain a system that provides legal aid in cases in which the courts and the Legal Aid Agency, which judge the entitlement to legal aid, think it is appropriate to do so.
Hugh Bayley (York Central) (Lab)
T9. The Secretary of State has the legal and constitutional responsibility to determine where the mortal remains of King Richard III are reburied. He would be unwise, in my view, to support the claims for reburial in Leicester, in my constituency of York or anywhere else without consulting widely and setting up an advisory panel of experts, as I proposed in an Adjournment debate before the summer break, and as Mr Justice Haddon-Cave proposed in his recent judgment on the matter. Is that something that the Secretary of State will now do?
Chris Grayling
I am well aware of the strong feelings about that case, but we reached an agreement with Leicester university, which funded and carried out the dig, and I think we should stick to the agreements we reached.
Mr Robert Buckland (South Swindon) (Con)
Will my right hon. Friend update the House about when he intends to publish the victims code?
Damian Green
I am aware of my hon. Friend’s long-standing interest in that important document. I urge patience, but reassure him that his patience will be rewarded very shortly.
Mr David Lammy (Tottenham) (Lab)
As a former Legal Aid Minister, I recognise the hard decisions that have to be made on legal aid. Civil legal aid and judicial review are fundamental to our system. It has been fundamental since Magna Carta; if the state decides to take away someone’s home or children, or refuses to give them appropriate education, they ought to be able to challenge that. Will the Secretary of State look again at the issue, given the small amounts of savings he has suggested that there will be?
Chris Grayling
I hate to correct the right hon. Gentleman, but he talks about people’s entitlement to judicial review since Magna Carta. That took place in 1215—we will be celebrating its 800th anniversary shortly—whereas judicial review was introduced in 1974.
Mr Philip Hollobone (Kettering) (Con)
What is the latest total for the number of foreign national prisoners in our jails and what steps have been taken in recent months to send them back to secure detention in their own countries?
Jeremy Wright
The last time my hon. Friend asked me that question, I did not have the number to hand. I still do not, but I can tell him that it is in the order of 10,800. He and I are in full agreement that that number is too high. As for the second part of his question, as he knows we are attempting to negotiate compulsory prisoner transfer agreements with a number of countries. We already have one with the European Union. I know how enthusiastic he is about EU measures, so he will be pleased to know that we are making real progress in sending people back under the EU PTA. We will continue to work hard to do so.
Mrs Emma Lewell-Buck (South Shields) (Lab)
Local multi-agency public protection arrangements, introduced under the previous Labour Government, have been highly successful in protecting the public from high-level violent and sexual offenders. Concerns have been expressed to me that those arrangements might be centralised, making management of such offenders difficult and putting the public at risk. Will the Minister assure me that the Government do not intend to make that worrying scenario a reality?
Chris Grayling
Under our proposed reforms, multi-agency supervision arrangements will remain in the public sector and will continue to be subject to local decision making, which will take between local branches of the national probation service and local agencies such as the policy and local authorities.
Philip Davies (Shipley) (Con)
I hope that the Secretary of State has read the front page of the Daily Mail today, highlighting the 202 cases that the UK has lost at the European Court of Human Rights. Does my right hon. Friend agree that the European convention on human rights and the European Court of Human Rights, with its pretend judges, have become a charter for murderers, rapists, terrorists and illegal immigrants and that the sooner we scrap the Human Rights Act and get out of the European convention on human rights the better?
Chris Grayling
I share my hon. Friend’s belief in the need for change. It is my intention that the Conservative party should go into the next election with a clear plan for change, and it will. This is now a clear dividing line between us, because the shadow Secretary of State has only today reasserted his belief that the current human rights framework is right for this country. We disagree, and I look forward to fighting that battle over the next 18 months.
Mr David Hanson (Delyn) (Lab)
When the Minister quotes the Offender Management Act 2007, will he do me the courtesy of looking at the Hansard for that period, when the Minister in question—that is, me—said that the vast majority of probation boards would stay in public ownership?
Jeremy Wright
I quoted directly from the Act, and the right hon. Gentleman knows that I quoted correctly. I was asked a question about what the Act says. I quoted what it says. How he might have meant it to be interpreted is something else. I am afraid he and his hon. Friends must recognise that if they passed a law they did not mean to pass, that is not our problem but theirs.
Stephen Phillips (Sleaford and North Hykeham) (Con)
The British people are sick and tired of those given long custodial sentences being released early as a matter of right. I know that my right hon. Friend the Secretary of State for Justice recently made an announcement on those given the longest custodial sentences, but can he confirm to the House that it is his intention in due course to remove the automatic right of those who serve custodial sentences to an automatic discount?
Chris Grayling
I do not like the concept of automatic early release at all. My hon. and learned Friend will be aware of the financial limitations that we face at the moment, which is why I made a start with the most serious and unpleasant offenders, but it is certainly my desire, when resources permit, to go further on this.
Sheila Gilmore (Edinburgh East) (Lab)
A few months ago, in response to a question from me, the Secretary of State or one of his Ministers suggested that he would be setting up a new system for ensuring that tribunal judges dealing with work capability assessment appeals would give good reasons. Has that new programme been instituted, and when can we expect a statement on how it is working?
Chris Grayling
This is specifically the responsibility of the Department for Work and Pensions, but I can tell the hon. Lady that extensive work has been done. Much more detail is now being provided to the Department for Work and Pensions by the Courts and Tribunals Service, and we will continue to explore ways in which we can ensure that decision makers in Jobcentre Plus understand fully the reason for a decision in a tribunal.
Greg Mulholland (Leeds North West) (LD)
Capita submitted the lowest tender and was awarded the contract for court interpreters, but since then has faced more than 2,000 complaints, comprising 30% of its assignments. What is the Department going to do about that, and has it any plans for re-tendering that service?
Chris Grayling
If I can correct my hon. Friend, the original contract was given to a small company, which was subsequently taken over by Capita, and it was actually Capita that did the work to improve performance, which was clearly unacceptable at the start. The contract is now performing at a pretty high level. We will continue to look for ways to improve it, but it is a whole lot better than in the early days, when quite clearly performance was not at all acceptable.
Andrew Bridgen (North West Leicestershire) (Con)
Thank you, Mr Speaker. Does my right hon. Friend the Secretary of State agree that transparency must be at the heart of any procurement reform in his Department— transparency for the taxpayer, and transparency for companies competing for Government contracts?
Chris Grayling
I absolutely do, and given the problems that we clearly have with procurement, and our inheritance from the previous Government of mismanaged contracts, we are now putting in place comprehensive work to ensure that we have a contract management system that is absolutely fit for the 21st century, which is fair and transparent, and deals with suppliers properly and appropriately, but also looks after the interests of the taxpayer.