Lord Grayling
Main Page: Lord Grayling (Conservative - Life peer)Department Debates - View all Lord Grayling's debates with the Ministry of Justice
(10 years, 11 months ago)
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Paul Blomfield (Sheffield Central) (Lab)
2. What assessment he has made of the potential effect of his planned probation reforms on the rate of reoffending.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Extending statutory supervision and rehabilitation to every offender released from custody, introducing an unprecedented nationwide through-the-gate prison service, and bringing in innovation of a diverse range of providers will help to reduce stubbornly high and rising reoffending rates.
Paul Blomfield
The Secretary of State will know that South Yorkshire probation trust is a high-performing organisation that has delivered five years of significant reductions in reoffending against predicted rates. Its performance is described as excellent by his Department. He also knows that his Department’s internal risk register warns that there is a more than 80% chance that his proposals to privatise the probation service will lead to an unacceptable drop in operational performance. Will he recognise the risk, face the facts, put public safety first and think again?
Chris Grayling
The real risk would be not to accept the fact that reoffending is rising in this country, and that each year thousands of people are victims of crime committed by people who leave prison unsupervised and unguided. That is what this Government intend to change.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Will the Minister look carefully at the evidence session that the Justice Committee held this morning and some of the practical difficulties that were raised there for achieving the objectives of his programme? Will he look with similar care at any recommendations that the Committee eventually makes, as the Department has clearly done in respect of our report on older prisoners, to which he responded today?
Chris Grayling
I can happily give my right hon. Friend that assurance. The reason that we have built into our plans a dry run-in period in the public sector of more than six months after the initial structural changes have taken place is precisely because we recognise the need to ensure that the transition is smooth and extended and that we iron out any wrinkles. I will look carefully at the evidence session and I look forward to giving evidence to his Committee and discussing these matters in greater depth.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
I am a little hurt, Mr Speaker, that you have not seen fit to mention my moustache, although it has been there a while.
On a very serious point, the much-heralded Peterborough pilot has delivered a 6% cut in reoffending, whereas the integrated offender management project in Surrey and Sussex probation trust has achieved a 55% cut in reoffending. Does such evidence have no relevance to the right hon. Gentleman?
Chris Grayling
The right hon. Gentleman will have to extend his moustache somewhat sideways if we are to give him credit in Movember.
If the right hon. Gentleman looks at what has been achieved at Peterborough, he will see that the most recent figures published two weeks ago showed a 20% reduction in the number of crimes committed by that cohort, by comparison with a comparable cohort elsewhere, that the Peterborough pilot is making genuine progress, and that the integrated offender management schemes around the country are also making good progress. It is not an either/or. Our plans do not exclude—indeed, will actively encourage—the continuation of such schemes, but the reality is that reoffending is still rising.
Philip Davies (Shipley) (Con)
Does the Secretary of State agree that the current probation system is not perfect, which is the picture being painted by the Opposition? In that light, will he release the internal inquiry report by the probation service into the case of Stephen Ayre who, after leaving prison, abducted and raped a 10-year-old boy in my constituency as a result of some appalling failures both in the parole system and in the probation system?
Chris Grayling
In normal circumstances in a serious further offence the family will see the report that is carried out. I will happily meet my hon. Friend to discuss the issue. He rightly highlights the very real challenge we face with reoffending in this country, because when it does take place, families are the victims of what happens and sometimes go through terrible circumstances. Some 3,000 very serious crimes committed by offenders who get no supervision is something that we all need to stop.
Nigel Mills (Amber Valley) (Con)
3. What steps he has taken to reduce reoffending and relieve pressure on the courts system.
Helen Jones
Despite what the Secretary of State says, vulnerable witnesses, who are also often victims, still find themselves meeting perpetrators of the crime in court, are still accused by barristers of being predatory and still see people accused of serious offences released on bail near their home. Why does he not agree with Victim Support, victims themselves and his own former Victims’ Commissioner that a victims Bill is needed to enshrine their rights in law?
Chris Grayling
I am slightly surprised that the hon. Lady adopts a partisan tone in this regard. As I have just said, we have introduced pre-trial examination as a possibility for giving evidence for vulnerable witnesses. That measure was introduced in a Bill in 1999, but the Government she supported did nothing about it for 11 years. This Government have introduced it and it will come into force next month. It is a practical measure to help vulnerable witnesses, which her Government legislated for and put out the press release but then did nothing about, as was typical.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
The Secretary of State will know that some of the most vulnerable witnesses are those involved in cases of stalking and harassment. Will he welcome the establishment of the all-party group on stalking and harassment, chaired by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), and agree to meet him and me—I am the vice-chairman—to discuss the issues facing witnesses in such trials?
Chris Grayling
I very much agree with the points made by my right hon. Friend. I welcome the establishment of the new all-party group and would be happy to meet her and the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd).
Andrew Jones (Harrogate and Knaresborough) (Con)
5. What steps he has taken to reduce motor insurance fraud to help motorists with the costs of driving.
Paul Maynard (Blackpool North and Cleveleys) (Con)
9. What steps he is taking to facilitate mutual ownership of probation trusts; and if he will make a statement.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
The transforming rehabilitation competition process has been designed to allow a range of entities to bid to deliver rehabilitation services. This could include alternative delivery vehicles and mutuals designed by individuals within existing probation trusts.
The Cabinet Office’s mutuals support programme has made some of its £10 million funding available to support mutuals interested in participating in the competition. This has included access to coaching and capability-building from experienced commercial mentors and leaders in the field.
Paul Maynard
I thank the Secretary of State for that reply. Will he reassure me that, while we have examples of good practice in local probation trusts and individuals who want to transfer to a mutual status, those moves will not be opposed by the Ministry of Justice but, rather, facilitated?
Chris Grayling
I can absolutely give my hon. Friend that assurance. Indeed, we held in this House a week ago, while we were all waiting for the Europe votes, a forum with potential bidders. It was gratifying to see among those in attendance a large contingent from the potential mutual bidders. I am very keen to see them make good progress in this process.
Andrew Miller (Ellesmere Port and Neston) (Lab)
Will the Justice Secretary look again at the geographical boundaries affecting Cheshire, because there seems to be inconsistency with regard to how he, the Home Office and the police are thinking, and that is causing confusion among potential bidders?
Chris Grayling
I can certainly do that. If the hon. Gentleman would like to write to me with his specific concerns, I will take a look at them.
Simon Danczuk (Rochdale) (Lab)
10. What assessment he has made of the prevalence of mishandling by the Law Society of complaints against solicitors.
Mrs Emma Lewell-Buck (South Shields) (Lab)
11. What his policy is on the future of the probation service.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
We are creating a new national probation service that will work alongside 21 new community rehabilitation companies to manage offenders in the community. The national probation service will be tasked with advising the courts and protecting the public from the most dangerous offenders. It will be responsible for risk assessing all offenders who are supervised in the community.
Mrs Lewell-Buck
Local service providers have expressed concerns to me about how a fragmented service will manage changes in offenders’ risk levels. Given that risk levels change in about a quarter of all cases, it will be common for offenders to transfer between providers. How will the Secretary of State ensure that the continuity of offender management does not suffer as a result?
Chris Grayling
The most important part of the way the new system will work will be the co-location of individuals in the national probation service who are responsible for risk management and the new community rehabilitation companies, to ensure that where risk does change there is a swift transition from one to the other.
Mr Crispin Blunt (Reigate) (Con)
In the Secretary of State’s target operating model for probation there is welcome mention of restorative justice. Can he say anything more to ensure that awareness of restorative justice across the system is so embedded that it becomes an option to be considered on all occasions, particularly to deliver much-improved victim support as well as the rehabilitative effect it has already demonstrated?
Chris Grayling
We very much recognise the importance of restorative justice. We are providing funding to police and crime commissioners to enable them to source restorative justice services locally, and give them the option of working closely with providers who will look after offenders in the future. We are keen to see that partnership work well at a local level, and for that resource to be used to good effect in mitigating the impact of crime on victims in the way restorative justice can do so well.
Jenny Chapman (Darlington) (Lab)
Last night, when the Justice Secretary was not here, the prisons Minister assured the House that
“if Serco and G4S do not come out satisfactorily from the audit processes…they will not receive any contracts”—[Official Report, 11 November 2013; Vol. 570, c. 744.]
for probation. The Minister is well regarded across the House, and I am sure he will want to be clear about that. Does he mean the conclusion of the Cabinet Office investigation or the investigation by the Serious Fraud Office? It will be of great concern to Members of the House if the Serious Fraud Office investigation is not concluded before contracts are awarded.
Chris Grayling
We must treat that issue carefully because a potentially criminal investigation is taking place at the moment. I will make an appropriate statement to the House in due course about the way forward, but in the meantime, because of the nature of the investigation, I do not think it right for us to enter into discussion about it.
Steve Rotheram (Liverpool, Walton) (Lab)
12. What steps he is taking to increase the number of offender behaviour programmes in English prisons.
Nick de Bois (Enfield North) (Con)
17. What assessment he has made of the most recent quarterly statistics on knife possession sentencing under the new offence of aggravated knife possession, published in September 2013.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Knives on our streets are a social scourge, and that is why we introduced new mandatory minimum sentences for threatening with a knife. Few offenders have been sentenced so far, but the majority have received custodial sentences. We are keeping this whole area under close scrutiny and I have raised how the offence is being sentenced with the senior judiciary and the Sentencing Council.
Nick de Bois
I am grateful for the Secretary of State’s reply, but does he agree that Parliament has spoken, that the offence should carry mandatory sentences, and that sentencers should bear in mind the will of Parliament? Will he use the opportunity to press the case for introducing mandatory sentencing for possession as well?
Chris Grayling
I pay tribute to my hon. Friend for his work in this area. I also pay tribute to the work done by members of his community in Enfield, whom I have met and spoken to. I fully understand the nature of the impact of knife crime on their community and on communities around the country. I assure him strongly that we will keep the issue under review. The clear will of Parliament is that such offences should be dealt with with great severity. I hope that those presiding over our courts recognise the will of Parliament. I also assure him that I continue to look at this area extremely carefully.
Mr Dominic Raab (Esher and Walton) (Con)
18. What steps he is taking to curb the scope and volume of human rights claims.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
As my hon. Friend knows, we continue to implement the work completed in the Brighton declaration, but he is aware that, as a party, the Conservatives are considering further measures that we would introduce as a majority Government to reduce the scope of the Court in Strasbourg to impose unwelcome judgments upon us.
Mr Raab
After Qatada and prisoner voting, the latest ruling from Strasbourg demands that all lifers have the chance to be released. Does he agree that that latest shifting of the human rights goalposts offends the rule of law, erodes democratic accountability and only strengthens the case for that overhaul of our relationship with the Strasbourg Court?
Chris Grayling
I very much agree with my hon. Friend. The decision on whole-life tariffs was entirely regrettable and should not have been taken, and certainly not at the level of an international court. I assure him and all colleagues that the decision simply redoubles my determination to deliver a strategy, which I will do next year, for our party to go into the next general election with a clear plan for change.
Mr David Ruffley (Bury St Edmunds) (Con)
On 4 November in the Chamber, the Home Secretary said that we should consider replacing the Human Rights Act 1998 with a British Bill of Rights. Given that the relevant commission reported to the Secretary of State last December, when can we expect draft legislation to abolish the Act in this Parliament?
Chris Grayling
I can give my hon. Friend an assurance that we will publish proposals for change in the new year, and they will include a replacement to Labour’s Human Rights Act 1998. I can also assure him that we, as a party, will publish a draft Bill later next year. Whether the coalition and this Parliament will choose to accept such a Bill, or whether it needs to wait for a majority Conservative Government, is something I suspect we will discover then.
Henry Smith (Crawley) (Con)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
In 2015 we will mark the 800th anniversary of the Magna Carta. To mark that defining moment in the development of modern legal systems, the lord mayor of London and I are shaping a major programme of events and seminars to celebrate our justice system, and to promote the UK as a centre of legal services. The sector contributes £20 billion a year to the UK economy, and the global law summit will bring together leading practitioners from around the world to show what our legal system can offer, share expertise and open up opportunities for collaboration in new business. My Department has brought together the City of London, the Law Society and the Bar Council to plan the event under the stewardship of the former lord mayor Sir David Wootton and my hon. Friend the Member for North West Norfolk (Mr Bellingham). I hope and believe the summit will be a great moment to celebrate our proud legal traditions in the Magna Carta and to look to the future to promote our legal services, secure growth and win the global race.
Henry Smith
I welcome the celebration of the great Magna Carta. In 2008, my constituent Carrie-Ann Wheatley was brutally attacked by three men who should not have been in this country. Her family are concerned that article 8 of the European convention on human rights might be used to stop their deportation on their release from prison. I seek reassurance that the Government will properly reform article 8.
Chris Grayling
I can give my hon. Friend the absolute assurance that both the Home Secretary and I are looking at ways of tightening the rules. There are provisions relating to article 8 in the Immigration Bill, and I am hopeful that our proposed reforms to human rights laws will strengthen the position of victims of crime in the terrible situation that his constituents have found themselves in. We will make sure that the offenders do not get away with it.
Sadiq Khan (Tooting) (Lab)
As a number of Conservative and Liberal Democrat Members have commented, the Justice Secretary is cutting and changing the funding for innocent victims of crime. For example, spending in Surrey and Hertfordshire will be £21.14 per victim, while the average in England and Wales will be £15 per victim. Why, under his plans, will spending per victim in London, at just £10.11 per victim, be 41% less than the national average?
Chris Grayling
It is nice to see the right hon. Gentleman launching his London mayoral campaign. I follow his Twitter feed, and for every tweet about justice, there are six about London. I will tell him simply and straightforwardly that under this Government the funding available for victims of crime in London has increased significantly, as it has across the whole country.
Sadiq Khan
It is funny that the Justice Secretary says that, because I used the Mayor of London’s figures for that question. According to the Mayor, the reason for the cut in London is that the Justice Secretary has decided to use a formula based solely on population, while failing to take into account crime levels and the number of victims in police force areas. That means that London loses more than £3 million a year, according to the Mayor of London. As the Justice Secretary said, our justice system relies on the confidence of victims and witnesses, so he should be aware that the Metropolitan police have the lowest victim satisfaction rate of any police force in the country. What impact does he think his decision will have on that?
Chris Grayling
I wish the right hon. Gentleman well with his campaign, but I know that the right hon. Member for Tottenham (Mr Lammy) is the frontrunner at the moment, so he has a bit of catching up to do.
Only in the world of Labour party mathematics and economics could an increased budget be described as a cut.
Bob Blackman (Harrow East) (Con)
T3. The modern scourge of human trafficking is still with us. What action is my right hon. Friend taking to bring perpetrators to justice and to compensate the victims?[Official Report, 20 November 2013, Vol. 570, c. 6MC.]
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
T2. The Secretary of State will know that 12 years ago five children and three adults were murdered by a gang of wicked men. Recently, the Parole Board, against the advice of probation and forensic psychologists, released one of those men before his minimum sentence had been served. What is going on in the Parole Board that it is releasing such men into the community?
Chris Grayling
As the hon. Gentleman knows, the Parole Board and its decisions are independent, but I hope that one benefit of the establishment of the national probation service, with expertise in dealing with the highest-risk offenders, will be a greater degree of expertise sitting alongside the Parole Board to advise it on when it is appropriate to release someone and when it is not. I share his concern about ensuring it is safe to release people on to our streets and that they do not continue to pose a threat to society.
Stephen Phillips (Sleaford and North Hykeham) (Con)
T4. My right hon. Friend will be aware that there has previously been considerable disquiet within the country over the effectiveness of community penalties, in both marking the gravity of offences and ensuring the effective rehabilitation of offenders. I know that he is alive to those concerns, but I would be grateful if he told the House what steps he is taking to ensure they are met.
Mr William Bain (Glasgow North East) (Lab)
T7. Companies such as G4S and Serco have lucrative, multi-million-pound contracts to provide public services. When will the Secretary of State adopt Labour’s plan to extend the Freedom of Information Act to these companies, so that the public have an equal right to know?
Chris Grayling
I said I would not comment—and I will not comment—about the current investigation. I will simply point out that the issues regarding G4S and Serco relate to contracts let by the last Government.
Mr Peter Bone (Wellingborough) (Con)
T5. Does the Secretary of State agree that we have a most excellent prisons Minister who has many superb qualities? One of the best of his qualities is that when he has made a decision and new facts are put to him, he has the courage to reconsider and change his decision.
Chris Grayling
The Under-Secretary of State for Justice, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright) certainly has those qualities, and he will undoubtedly look at all the issues carefully. Another quality he has is that, when he needs to take a difficult decision in the interests of the country, he will do so.
Paul Goggins (Wythenshawe and Sale East) (Lab)
The Justice Secretary intends all those who are given short prison sentences to be supervised on release. How many will be allocated to the national probation service, and what funding is he making available?
Sir Tony Baldry (Banbury) (Con)
T6. Are the Lord Chancellor’s proposed reforms on judicial review intended to reassert the primacy of Parliament over the courts, or to save money, or both?
Chris Grayling
First and foremost, those reforms are about ensuring that the justice system in this country is there for those who need it, and not used for purposes other than genuine redress. My view is that judicial review is being used at the moment as a delaying tactic and as a PR exercise. It does indeed undermine the will of Parliament and the will of the Executive, and it costs the taxpayer money. It should be used only when it is appropriate to do so, and not for trivialities.
Valerie Vaz (Walsall South) (Lab)
Will the Justice Secretary confirm that there will be no further court closures, which could undermine the administration of justice?
Chris Grayling
We will continue to review the court estate on an ongoing basis, but at this time I have no plans for substantial court closures. There might be occasional changes in the system, such as those we have seen recently in Liverpool, but I am not planning major changes to the court estate at this time.
Harriett Baldwin (West Worcestershire) (Con)
T8. What steps is the Department taking to tackle reoffending among female prisoners? Has the Minister come across the excellent social enterprise called Working Chance?
Mr David Heath (Somerton and Frome) (LD)
One of the really bad ideas from the previous Labour Government was the so-called Titan prisons. The Attorney-General, the right hon. and learned Member for Beaconsfield (Mr Grieve) said so, as did the Justice Select Committee, and I might even have said so myself. So will the Secretary of State tell my why that really bad idea might now be considered a good idea?
Chris Grayling
We are not building Titan prisons. The proposed new prison in Wrexham, for example, will be a campus prison with a number of separate small units for 250 to 300 prisoners. It will benefit from the economies of scale achieved by shared facilities, but we will not create a single monolithic institution in which people are detained.
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
In 2004, 16-year-old Robert Levy was murdered in Hackney Town Hall square. His parents, Pat and Ian, gave evidence to the murderer’s parole board this summer. Just recently, they received an insensitive and bureaucratic letter from Victim Support, requiring them to go through several hoops and to provide a lot of paperwork in order to claim the train fare. Let me quote Mr Levy:
“We are tired of jumping through hoops whilst on the face of things it appears the perpetrator has it all done for them without much trouble to them.”
We have a code and a commissioner, so when are we going to see an approach that will make it easier for victims?
Alison Seabeck (Plymouth, Moor View) (Lab)
A constituent had her name touted around Plymouth by a woman taking part in a custody case who, because of the cuts, had no legal aid and no support. This woman did not know that what she was doing was a contempt of court. What steps is the Justice Secretary taking to review the impact of his cuts and the potential rise in contempt cases as a result?
Chris Grayling
We will, of course, continue to review the impact of the changes we have made to legal aid, which were necessary because of the huge financial challenge we inherited in 2010. If the hon. Lady wants to write to us about the specific case, we will of course look at it.
Mr Philip Hollobone (Kettering) (Con)
How many foreign national offenders do we have in our prisons, and what steps are being taken to send them back to secure detention in their own country?
Kate Green (Stretford and Urmston) (Lab)
Can the Justice Secretary explain why the Mesothelioma Bill is cited in the Ministry of Justice review of the mesothelioma exemption as one of the recommended criteria for bringing into force sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012? Those sections have nothing to do with the Mesothelioma Bill.
Chris Grayling
Off the top of my head, no, but I will happily trade letters with the hon. Lady and we will find out.
Philip Davies (Shipley) (Con)
Does the Secretary of State agree with me that the comments by Frances Crook of the Howard League for Penal Reform—that magistrates should not be able to send people to prison at all—are typically idiotic? Does he further agree that the only Howard worth listening to on criminal justice matters is Michael Howard and not the Howard League for Penal Reform?
Chris Grayling
I absolutely agree with my hon. Friend. It is always important for long-standing influential pressure groups to make sure they take a measured and responsible view in the discussions they have both in public and with Government.
Sheila Gilmore (Edinburgh East) (Lab)
In May, the now Under-Secretary of State for Culture, Media and Sport, the hon. Member for Maidstone and The Weald (Mrs Grant), announced a new pilot in which tribunal judges would give detailed explanations to the Department for Work and Pensions of their reasons for allowing employment and support allowance appeals. When can we expect an evaluation of that pilot?
Chris Grayling
We are engaged in detailed discussions with the DWP. We are now providing it with much more detailed information, and paying close attention to the lessons that are learnt from that information.