Lord Grayling
Main Page: Lord Grayling (Conservative - Life peer)Department Debates - View all Lord Grayling's debates with the Ministry of Justice
(11 years, 1 month ago)
Commons Chamber1. What recent progress he has made on his plans for modernisation of the prison estate.
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.
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.
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.
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?
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.
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?
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.
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?
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.
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?
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.
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?
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.
2. What steps he is taking to address literacy and numeracy problems in prisons.
3. How his new model of legal aid tendering will help to ensure a more stable environment for law firms in the future.
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.
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?
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.
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?
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.
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?
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.
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?
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.
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?
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.
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”?
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.
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”?
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.
4. What recent progress he has made on improving women’s prisons.
6. What progress he has made on investigating the reported misuse of public money by private contractors who hold contracts with his Department.
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.
Why will the Minister not publish the PricewaterhouseCoopers report on the activities of G4S before any future Ministry of Justice contracts are awarded?
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.
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?
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.
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?
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.
7. What progress he has made on the roll-out of changes to the incentives and privileges scheme in prisons.
9. What assessment he has made of the potential effect on children of recent changes to legal aid.
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.
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?
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.
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?
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.
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?
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.
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?
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.
10. When he expects to put out to tender contracts for privatising probation.
12. What progress he has made on rehabilitating young offenders.
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.
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?
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.
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?
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.
14. What steps he is taking to strengthen the prisons and probation ombudsman.
T1. If he will make a statement on his departmental responsibilities.
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.
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?
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.
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?
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?
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.
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?
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.
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?
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?
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.
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?
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.
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?
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.
Will my right hon. Friend update the House about when he intends to publish the victims code?
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?
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.
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?
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?
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.
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?
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.
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?
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?
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.
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?
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.
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?
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.
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?
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.