Oral Answers to Questions

Lord Grayling Excerpts

Tuesday 5th February 2013 Commons Chamber

[Mrs Mary Glindon (North Tyneside) (Lab)]

3. What progress he has made on his plans for the probation service; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Ministry of Justice recently published the consultation paper “Transforming Rehabilitation—a revolution in the way we manage offenders”, which sets out our plans for reforming the way in which offenders are rehabilitated in the community. The consultation closes on 22 February 2013, and we will announce further details of our proposals once we have considered the responses.

[Mrs Glindon]

Under the Secretary of State’s proposals, services will be fragmented across a wide range of providers and will be rewarded through payment by results, which will prevent public sector probation trusts from competing for those services. So how will he ensure that the high levels of performance now provided by probation trusts in protecting the public and reducing reoffending will be maintained?

[Chris Grayling]

Let us be clear about why we are doing this: reoffending rates in this country have barely changed in 10 years, and it is not true to say that we are getting the kind of performance across the probation service that the hon. Lady suggests. There is good work being done in the probation service, in the voluntary sector and in the private sector, and my aim is to have a package of proposals that brings to bear the strengths of all three in reducing reoffending rates.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Why have the Government come up with the idea that the commissioning of probation services should be done by a national body, rather than a local or regional one, given that that undermines the way in which local bodies concerned with preventing crime can work together and the ability of local and regional voluntary sector organisations to take part?

[Chris Grayling]

There are two reasons. First, we do not believe that the expertise exists on a localised basis to procure payment by results in an ambitious way—the kind we are proposing. Secondly, many probation trust management teams are enthusiastic about being part of the contracted-out world themselves, so I hope and expect that we will see some of them forming partnerships and creating new bodies that will take the service forward.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

4. When he last met the Joint Committee on Human Rights; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I have not met the Joint Committee on Human Rights since I became Secretary of State for Justice. I was due to attend an evidence session before the Joint Committee on the Government’s human rights policy on 18 December 2012, but the meeting was postponed and will now take place on 12 February 2013.

[Simon Hughes]

I look forward to the Secretary of State’s visit. When we were debating the Legal Aid, Sentencing and Punishment of Offenders Act 2012, before he took over as Secretary of State, his Department gave a commitment to review legal aid, particularly in relation to immigration and asylum, a year later. The Committee is now addressing that issue in relation to unaccompanied minors. Will he look at the evidence being given, address that issue before he comes to meet the Committee and see whether we ought not to amend the legal aid arrangements so that vulnerable people with immigration or asylum issues get the proper legal support and advice they need?

[Chris Grayling]

I am very happy to give that commitment and to look at that issue before the evidence session, and I look forward to discussing these issues with my right hon. Friend and his colleagues.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

It seems that the Government’s process on reviewing human rights legislation is, to put it kindly, somewhat slow, at a time when the practical implications are more urgent than ever, not least in relation to gay marriage, which we will debate later. Will the Secretary of State speed up the process, as everyone wants to see that?

[Chris Grayling]

As my hon. Friend knows, I feel strongly that we need to make changes to the human rights framework. Unfortunately, it is my belief that there is not a majority in this House for such changes, and it will therefore fall to a future majority Conservative Government to deliver them.

[Ann Coffey (Stockport) (Lab)]

5. What recent assessment he has made of the level of delay in criminal proceedings involving vulnerable witnesses.

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[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

6. What estimate he has made of the cost to his Department of appeals related to the work capability assessment.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Some 103,000 appeals against decisions related to the work capability assessment were disposed of between April and September 2012. The estimated total associated cost was £23.5 million. In the previous financial year, 189,000 appeals were made, at an estimated total cost of £45 million.

[Tom Greatrex]

I am grateful to the Minister for that answer. As he knows from his previous responsibilities, many of those appeals were a result of incorrect initial decisions in a work capability assessment. Given that Department for Work and Pensions figures that I have obtained show that more than 35,000 people in the support group have to repeat the WCA, including people with cancer, Parkinson’s disease, multiple sclerosis and other progressive conditions, does the Secretary of State not accept that there would be less cost to his Department and therefore to the public if we stopped reassessing people who are not going to get better?

[Chris Grayling]

Of course, that is really a matter for the DWP. It is my job to provide an appeal route for those who wish to appeal, but the hon. Gentleman will be aware that before I left my previous job I asked officials to change how we reassessed people who had been through an appeal so that there was a more sensible length of time between appeal and reassessment.

[Dr Julian Huppert (Cambridge) (LD)]

Does the Secretary of State agree that it would be far more efficient throughout the entirety of government if the decisions that were made were right the first time? The work capability assessments have not delivered that since they were introduced by the previous Government. Will he talk to colleagues in the DWP to try to ensure that decision making is right first time in the interests of Government efficiency and of the people who undergo a lot of anxiety and worry as they go through the appeals process?

[Chris Grayling]

My hon. Friend will know that that was a matter of great concern to me in my previous job. None of us benefits from getting decisions wrong and a huge amount of effort has been put into getting them right. Of course, our Department must provide a route for appeals when they are necessary, but I can assure him that a huge amount of effort goes into trying to ensure that we get decisions right first time.

[Mr Philip Hollobone (Kettering) (Con)]

7. If he will consider increasing magistrates’ sentencing powers from a maximum of six months to a maximum of 12 months for the purpose of making greater use of magistrates’ courts.

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[Peter Aldous (Waveney) (Con)]

8. How he plans to ensure that the voluntary and charitable sectors play a full role in the rehabilitation of offenders.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Retaining the expertise and dynamism of the voluntary and community sector within the justice system is central to our approach. We have already announced an extra £500,000 of grant funding to support voluntary sector organisations, helping them to compete for contracts. My team and I are meeting a large number of such bodies early in this process to ensure that they are as fully on board as possible.

[Peter Aldous]

I am grateful to the Secretary of State for his reply. His recent statement on transforming rehabilitation has the potential to be hugely positive for the voluntary sector, but it is crucial that charities can compete for contracts on a level playing field. What action have the Government taken to make sure that charities are not at a disadvantage when competing for contracts on a payment by results basis?

[Chris Grayling]

I would make two points to my hon. Friend. I absolutely agree with his premise but, first, the cash-flow element of the proposals that we have introduced will not be as tough as that for the Work programme. Part of the task is to pay for the requirements of the court, so the cash-flow situation will be rather different. Secondly, I am making sure that we really engage the social investment sector, which can play an important part in ensuring that voluntary sector organisations can compete on that level playing field and win on it.

[Mr David Lammy (Tottenham) (Lab)]

The Secretary of State will know that we privatised and contracted out hospital cleaning, and that led to MRSA. We privatised and contracted out school meals, and that led to turkey twizzlers. Why does he think that in relation to the probation service—such an important service—privatising and contracting out will lead to a better end?

[Chris Grayling]

If I am not mistaken, the right hon. Gentleman was a Minister in the previous Government who introduced the legislation that makes these changes possible. The Opposition say one thing one day and another thing the next. The truth is that reoffending rates in this country have barely changed in a decade, despite extra money being spent, and I want to bring those rates down.

[Jeremy Lefroy (Stafford) (Con)]

9. What plans he has for the modernisation of the prison estate.

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[Mr William Bain (Glasgow North East) (Lab)]

16. What his Department’s policy is on reform of judicial review.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

As set out in our recent engagement exercise “Judicial Review: proposals for reform”, our policy is to reduce the burden on public services of ill-founded judicial review applications, while protecting access to justice and the rule of law. We are working with the judiciary to ensure that we achieve that balance.

[Mr Bain]

Has the Secretary of State not seen Liberty’s response to his consultation on judicial review, which finds no statistical or any other evidence that it impedes growth or stifles innovation? Why does the Secretary of State believe it is right to remove rights from local communities and vulnerable people in immigration cases just to find an excuse for why this economy has not grown in five of the past nine quarters?

[Chris Grayling]

The problem with judicial review is that it has mushroomed beyond any expectation. It started with a few hundred cases when it was first introduced and there are now more than 10,000 a year. Often, those judicial review processes are based on a public relations exercise or an attempt to derail the reform temporarily by using a technicality. Judicial review should be a genuine process to challenge the public authorities when they get it wrong; it should not be an excuse to fly a kite.

[Sheila Gilmore (Edinburgh East) (Lab)]

17. If he will develop a feedback process to the Department for Work and Pensions on the reasons for the overturning of employment and support allowance decisions by tribunal judges.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The provision of feedback on reasons for tribunals’ decisions is a matter for the judiciary. However, as the hon. Lady will remember, in my previous role we put in place new arrangements last year. Her Majesty’s Courts and Tribunals Service is now working with the DWP to evaluate the findings so that decision making can be improved wherever we can do so.

[Sheila Gilmore]

I thank the Secretary of State for that answer. However, his successor as employment Minister, the Minister of State, Department for Work and Pensions, the hon. Member for Fareham (Mr Hoban), told the Work and Pensions Committee that it was important to expand the reasons given by tribunals far beyond those on the dropdown menu, so that opaque statements such as “cogent oral evidence” are not given as the reason for an appeal being upheld. Will the Secretary of State confirm that those reasons will be expanded greatly?

[Chris Grayling]

Of course, the intention of the change was to identify relevant information that would improve decision making. We have learned quite a lot from the dropdown menu. The two Departments will of course discuss any improvements that will increase the quality of decision making and reduce the number of appeals.

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Since becoming Justice Secretary, I have embarked on a programme of delivering more for less and of boosting public confidence in the justice system. We are consulting on transforming rehabilitation and will shortly be considering reforms to youth justice.

In the past, my Department has routinely undertaken 12-week written consultations in some areas, including legal aid. I want to be clear that although the Government still want to hear the views of stakeholders and the public on many matters, they should no longer expect a 12-week consultation, even where that has been the practice in the past. Instead, in line with the new Cabinet Office principles, we will take a fresh look across all areas at whether, how and for how long we should consult, according to what is appropriate and proportionate in each case.

[Gordon Henderson]

I was going to use this opportunity to follow up on my previous question, but since I got a good answer, I will not bother.

[Sadiq Khan (Tooting) (Lab)]

I only wish that I had received a good answer from the Justice Secretary. He has been busy in recent weeks chasing headlines with general statements on everything from Titan prisons to spartan prisons, and from gay prisoners to smacking children. May I ask him about the specifics? I note that his junior Minister, the Under-Secretary of State for Justice, the hon. Member for Kenilworth and Southam (Jeremy Wright), could not answer earlier, but then he did not do the media appearances. When will the first Titan prison open, where will it be and how much will it cost?

[Chris Grayling]

We are not planning to build a Titan prison. We have a very good model for prison development in Oakwood, which opened recently in the west midlands. 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. We are looking at a number of sites and hope to reach a decision in the next few months on the best option. I would like to open a new generation prison as quickly as possible, because it will save the taxpayer money and the facilities will be better.

[Sadiq Khan]

Four weeks ago, the Justice Secretary announced to the BBC, Sky and anyone else who would listen that he was going to open new super-mega Titan prisons in the near future and that he would undertake feasibility studies. Given his comments on Sunday, can he tell the House how many current prisoners are gay and are sharing a prison cell with another gay person?

[Chris Grayling]

I do not know how many people in prison are gay. I want to ensure that the regime in our prisons is appropriate, commands the confidence of the public and provides an appropriate environment for rehabilitation and training. We must have a prison system in which everyone can have confidence.

[Gareth Johnson (Dartford) (Con)]

T3. An increasing number of international companies are looking to the UK for its legal services. That trade creates billions of pounds for our economy. Will the Minister tell the House what plans there are further to promote British legal services abroad?

[Mr Iain Wright (Hartlepool) (Lab)]

T4. The Teesside coroner takes almost twice as long as the national average to conclude inquests, causing further anguish to grieving families. This matter has been raised many times with the Ministry. Why on earth, given his failing and unprofessional service, is the coroner still in post? What steps will the Secretary of State take to remove him?

[Chris Grayling]

I will not give a detailed response in the Chamber but I am happy to discuss the issue with the hon. Gentleman. I take seriously any concern about the effectiveness of the judiciary—which is, of course, independent—and I also take seriously my responsibilities as Lord Chancellor. I will look into the issue.

[Stephen Gilbert (St Austell and Newquay) (LD)]

T8. Will my right hon. Friend tell the House what steps he is taking to improve the youth detention system, and in particular to ensure that the great work done by secure children’s homes continues?

[Chris Grayling]

As I indicated earlier, I intend to bring forward shortly a consultation paper on the youth estate. Our challenge at the moment is that across the youth estate we are detaining a small number of young people at a very high cost and with an unacceptably high reoffending rate—something like 70%. I want to see whether there is a better way of doing things to reduce that reoffending rate and help turn the lives of those children around.

[Karl Turner (Kingston upon Hull East) (Lab)]

T5. This morning I met Bill Waddington, chairman of the Criminal Law Solicitors Association. Despite what the Minister said in response to an earlier question, I was assured that there has been a sharp increase in cautions for serious offences, including sexual offences and violent assault. That is soft on criminals and harsh on victims. Will the Secretary of State meet me and Bill Waddington to discuss the issue?

[Chris Grayling]

I take seriously the issue of cautions being administered for serious offences. Indeed, one of the first things I did as Justice Secretary was commission work on the issue, and I am due to meet senior police officers to discuss it in the next few days. I do, however, caution the House to be careful. For example, we would all view a caution for rape as completely unacceptable, but in some cases where the victim is absolutely unwilling to give evidence it may be the only way to get something on the record about an offender. We must be careful about this issue and try to get it right.

[Simon Wright (Norwich South) (LD)]

T10. What assessment has the Secretary of State made of the potential to reduce reoffending by providing treatment in prisons for gambling addiction?

[Jack Dromey (Birmingham, Erdington) (Lab)]

T6. Just when MPs of all parties are seeing growing demand for housing, including as a consequence of the Government’s welfare and benefit changes, eight Shelter housing advice centres are scheduled to close. Those centres are lifelines to those in housing need, often at a time of crisis in their lives. Will the Secretary of State meet me and hon. Members from all political parties who are concerned about how to support those in housing need in their constituencies?

[Chris Grayling]

We will always discuss concerns that Members of this House have about their constituencies, but Labour Members must understand that we are dealing with an unprecedented financial crisis. We inherited from them a situation in which this country was borrowing £1 for every £4 that it spent. That inevitably means tough decisions that they may not always like.

[Mr Robert Buckland (South Swindon) (Con)]

Magistrates courts in Swindon and Wiltshire are about to make important decisions about the allocation of crime and family work. Will my right hon. Friend work with me and those on local magistrates benches to ensure that very long journeys in order to access justice do not become the norm?

[Diana Johnson (Kingston upon Hull North) (Lab)]

T7. There are 500,000 victims of sexual offences but only 5,600 convictions. Why does the Secretary of State think that the number of sex offenders who are prosecuted is falling under the coalition Government?

[Chris Grayling]

We take the whole issue of sexual offences very seriously, which is why one of the coalition commitments is to expand the availability of rape crisis centres. I visited the team running one such centre in Devon last week, and I pay tribute to them for their work. The Government will do everything they can to ensure that offenders and people who commit serious sexual offences are brought to trial. Any ideas that come through our rape crisis network of ways we could do that will be listened to.

[John Glen (Salisbury) (Con)]

I want to refer to the Justice Secretary’s proposals to reform the probation service. I have received a communication from the police and crime commissioner for Wiltshire who expresses grave concern about the degree of consultation prior to that announcement, and about the level of involvement and discretion that the commissioners will have in providing those services locally.

[Chris Grayling]

One thing we are doing before launching our policy is consulting on the broad direction of travel. That creates an opportunity for police and crime commissioners and others with an interest to take part. We are listening.

[Mr David Crausby (Bolton North East) (Lab)]

T9. Most people accept that there is a need for change in the motor accident claims sector, but is the Secretary of State satisfied that new plans to raise the small claims limit from £1,000 to £5,000 will ensure that accident victims continue to find adequate independent local advice and access to justice?

[Chris Grayling]

I think the new plans will do that. Indeed, I think there is a case for saying that the small claims court limit of £5,000 is too low. I am keen for people to have access to a proper legal process, but the benefit of the small claims court is, in part, arbitration. The plans make the process simpler and cleaner for people who have been through a difficult time.

[Philip Davies (Shipley) (Con)]

Last month in Bradford, Qamar Malik was one of the last people to be locked up on an indeterminate sentence for public protection. Malik is a dangerous, predatory paedophile who was convicted of kidnapping and sexual assaulting a six-year-old girl and of twice attempting to abduct a 12-year-old girl. Under his IPP, he will not be released until he is considered safe to be released, but under the Government’s new regime people such as Malik will be released whether or not they are safe to be released. How does that make my constituents any safer?

[Dr William McCrea (South Antrim) (DUP)]

As the Minister progresses his plans for probation services, what consultations has he had with the devolved Administration? When did he last meet the Justice Minister in the Northern Ireland Assembly, and were probation services on the agenda?

[Chris Grayling]

I last met the Northern Ireland Justice Minister about 10 days ago and am meeting him again tomorrow. No doubt probation services will be one thing we discuss.

[Dr Julian Lewis (New Forest East) (Con)]

Given the renewed threat that convicted terrorists will pose to society on release and the amount of security and intelligence resources that will have to be devoted to monitoring them, will the Minister confirm that the use of automatic early release would be entirely inappropriate for them?

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[Chris Ruane (Vale of Clwyd) (Lab)]

How much does he owe in parking fines?

[Chris Grayling]

On behalf of the whole House, I congratulate all of those who have been involved. It is an historic occasion and an extraordinary piece of history. I hope everyone will come together for a proper service to mark the occasion, and for a formal internment in the cathedral.

[Mr Speaker]

We are not debating the question of whether Richard III incurred parking fines.