Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the impact of a reduction in the provision of the Standard Monthly Payments to criminal legal aid firms on the number of criminal defence lawyers.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
At present, 17% of all crime accounts are paid under the Standard Monthly Payment (‘SMP’) model. The remainder have opted for Variable Monthly Payments, which pays the actual value of the claim submitted each month. Firms can elect to be paid by either model, according to which may be most advantageous to them. SMPs relate to Controlled Work services only, and therefore reflect a proportion of a Provider’s total revenue.
The number of those accounts paid via SMP which have seen a reduction in payments since July 2020 represents 6% of all crime accounts. Where a reduction is necessary, this takes effect following the Legal Aid Agency notifying providers of this in advance. Firms facing financial hardship can discuss payment options further with their LAA Contract Manager.
The LAA have been in contact with providers to assess the impact on their businesses and can confirm that no Criminal Defence Providers have exited the market as a result of a reduction in SMPs.
The LAA has implemented several changes to maintain cashflow to firms and to allow firms to be paid more quickly – through these changes we can inject up to £51 million per year into criminal legal aid. We have begun a review into how criminal lawyers are compensated for their work and there is more information about this here: https://consult.justice.gov.uk/criminal-legal-aid/criminal-legal-aid-review/
In addition to the support schemes offered by the government, we have continued to pay providers on time and introduced a number of measures to speed up payments to providers. All of the measures taken by the LAA are set out on our gov.uk page and there is further information about this here: https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response#financial-relief-page
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what progress they have made in implementing the recommendations of the Lammy Review, published on 8 September 2017.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
The Government has provided updates on the implementation of the independent review into the treatment of Black, Asian and Minority Ethnic individuals in the criminal justice system; The Lammy Review.
Where a recommendation could not be implemented in full or exactly as set out in the Review, alternative approaches have been sought to achieve the same aim. As of 23rd September 2020, the status of the recommendations are as follows:
Out of the 35 recommendations listed in the Lammy Review;
i. Actions in relation to 16 recommendations have been completed (2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 18, 19, 22, 23, 33, 35).
ii. Actions in relation to 17 recommendations are still in progress, of which:
a. 11 recommendations aim to be completed within 6 – 12 months (15, 17, 20, 21, 24, 25, 26, 27, 28, 29, 30).
b. 6 recommendations will take longer than 12 months to be completed (1, 9, 10, 31, 32, 34).
iii. In the Government’s response to the Review in December 2017, it was stated that two recommendations specific to a target for judicial appointments and appraisal (14, 16) would not be taken forward.
The Government’s response identified actions going beyond the Review’s recommendations. Progress on recommendations and additional actions are overseen by a CJS Race and Ethnicity Board which was created in response to the Review.
An independent Commission on Race and Ethnic Disparities is currently reviewing inequality in the UK, focusing on areas including education, employment, health and the criminal justice system. The Commission will aim to report to the Prime Minister by the end of the year.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what progress they have made in renationalising probation services.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
The Government is committed to unifying probation under the National Probation Service (NPS) from June 2021. We have published detailed plans this year, outlining our future model for probation services and changes to take account of the impact of COVID-19 on our proposals. In Wales, responsibility for offender management has already been transferred to the NPS. We are working closely with current employers to prepare for a smooth transition from the current to the future model, including the transfer of staff. The staff assignment process is underway with current employers, and call-off competitions for rehabilitative services to be delivered under the Dynamic Framework have also begun.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they are taking to improve resettlement for prison leavers.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
We have invested an additional £22m per annum over the remaining life of the Community Rehabilitation Company (CRC) contracts to deliver an enhanced Through the Gate resettlement service preparing offenders for release which includes the requirement that CRCs complete specific tasks to help prisoners to secure and maintain settled accommodation, gain employment, and manage debt and their financial affairs.
The probation reform programme will deliver an enhanced pre-release planning strategy improving the current service for all released from prison, along with access to specialist accommodation providers to reduce the risk of homelessness, and a mentoring provision to support those who struggle with the transition from prison to community to reduce the risk of recalls and build community networks. All National Probation Service (NPS) regions will have a short sentence function providing a multi-agency and responsive approach to sustain existing community links and fast track referrals into new services to improve compliance and outcomes. We will also deliver the existing NPS service-level to all CRC cases under a unified model to increase staff working within the prison service and in the community.
Accommodation pilots in Leeds, Pentonville and Bristol prisons have been operating since August 2019 and, subject to evaluation, we will inform future provision of accommodation for offenders, through the new Probation model. During the Covid-19 pandemic, the Ministry of Justice also secured £8.5 million to support individuals at risk of homelessness on their release from prison and help them to move on into permanent accommodation.
Seven Homelessness Prevention Taskforces have been set up to work with local authorities and other partners to find accommodation for offenders released from prison and these taskforces are still active and we are considering how the these will build on the gains made.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the effect of the COVID-19 pandemic on (1) service users, and (2) victims in the criminal justice system.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
I refer the noble Lady to the Parliamentary Under-Secretary for Justice Alex Chalk MP’s statement in the other place on 22 September:
The Government is determined that victims should receive the help and support they need to cope and recover during the pandemic. In addition to existing funding, the Government has provided £76 million to support victims of modern slavery, domestic abuse and sexual violence, as well as vulnerable children and young people. We have set up the victims and witnesses silver command, which consists of the Victims’ Commissioner, the Domestic Abuse Commissioner and others, to identify needs fast and deliver support to the frontline.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the effect of the COVID-19 pandemic on young people in custody.
Answered by Baroness Scott of Bybrook - Shadow Minister (Housing, Communities and Local Government)
The safety and wellbeing of the children and young people in custody remains a top priority during this unprecedented period. We are very sensitive of the difficulties many children in custody will have experienced as a result of Covid-19, and the necessary measures taken to protect children and staff and follow physical distancing requirements. The Youth Custody Service (YCS) have communicated with staff and children to ensure they are aware and understand the reasoning as to why such measures have had to occur.
During this time, ‘SECURE STAIRS’ - the integrated framework of care jointly led by NHS England and NHS Improvement and the YCS - has adapted its approach to meet the needs of children, whilst adhering to physical distancing.
Having initially focused on delivering essential activities such as regular phone calls (with young people having been allocated additional free phone credits) access to showers, entertainment and education materials, and time in the fresh air, delivery of ‘face to face’ education and social visits are being prioritised across our sites, as we progress with Covid-19 recovery work. The YCS is working closely with its partners to further expand the regime in a safe, sustainable and flexible manner, whilst ensuring that the safety of children and staff remains paramount.
We are also carrying out work to ensure that lessons learned from the Covid-19 period are taken into account going forwards. The YCS have commissioned a programme of research, in collaboration with academics, to evaluate and learn lessons from the impact and response to Covid-19 and the results will inform their recovery planning.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment she has made of the potential effect of repeal or reform of the Human Rights Act 1998 on the Belfast Agreement.
Answered by Oliver Heald
The Government is committed to honouring the Belfast Agreement, and we shall ensure our proposals for a Bill of Rights are compatible with it.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans she has to ensure that rights guaranteed by the EU Charter of Fundamental Rights are retained after the UK leaves the EU.
Answered by Oliver Heald
The UK has a proud tradition of respect for human rights which long pre-dates the EU’s Charter of Fundamental Rights.
The Government will consider the application of fundamental rights law as part of the UK’s withdrawal from the EU. As the Prime Minister has stated, we will not be setting out unilateral positions in advance of these negotiations.