Oral Answers to Questions

Lord Grayling Excerpts

Tuesday 9th September 2014 Commons Chamber

[Philip Davies (Shipley) (Con)]

3. What assessment he has made of the availability of books to prisoners.

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

Prisoners have essentially the same access to books as they did under the Labour Government. Prison libraries offer the full service offered to all of us by our local public libraries. There has been no specific policy change about books under this Government.

[Philip Davies]

I am grateful for that answer. The answer to a recent parliamentary question confirmed that £106 per prisoner is spent on libraries in prison, and from a recent freedom of information request I learned that in Leeds prison there are 10.5 books per prisoner, and in Wakefield prison 16.9. In contrast, in the libraries in my constituency for the general public, there is only about one book per person. On that basis, does the Secretary of State agree that, rather than prisoners being denied reading material, they are in fact far better served than the general public?

[Chris Grayling]

My hon. Friend makes an important point. Those who have visited prison libraries will know that they are well stocked and well supported by high-quality staff. In most prison libraries one will find local projects helping prisoners to read, and I pay tribute to the work done by our prison librarians in tackling literacy problems in our prisons. My hon. Friend is absolutely right: the fuss made about this issue has been wholly disproportionate and detached from the reality.

[Fiona Mactaggart (Slough) (Lab)]

But will the Secretary of State give Parliament a report on how many minutes each week each prisoner is able to visit a prison library? We regularly hear reports of lack of staff preventing prisoners from visiting prison libraries, and lack of space preventing toe by toe and similar reading programmes from being mounted.

[Chris Grayling]

The challenge we have in our prisons is not making space available in libraries for prisoners to visit but encouraging them to visit. That is why we are pursuing projects such as toe by toe and encouraging literacy programmes. To be frank, I wish more prisoners wanted to go to our libraries.

[Caroline Dinenage (Gosport) (Con)]

Will the Secretary of State carefully consider the report published this week from the Business, Innovation and Skills Committee, which shows that improved literacy really supports rehabilitation and recommends that prison libraries should be open at weekends?

[Chris Grayling]

I will read that very carefully; it is a helpful contribution to how we address the literacy problem. I pay tribute to all the volunteers in the toe by toe programme, and to all the prisoners who can read and devote time to helping those who cannot. It is a path to the enhanced privileges available under our new regime. It is important that we take advantage of all the resources available to us to try to tackle the problem of a lack of literacy in our prisons.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

4. What steps he plans to take to enforce the code of practice for victims of crime.

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[Graham Jones (Hyndburn) (Lab)]

6. What estimate he has made of the number of offenders given a non-custodial sentence in the past three years who had more than 100 previous convictions.

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

There are far too many people in that situation. I am clear that there must be tough penalties for serious or repeat offences. More people are going to prison and for longer under this Government. The basis of the hon. Gentleman’s question is precisely why I am taking steps in the Criminal Justice and Courts Bill to ensure that we toughen up the system of cautions so that they are no longer available for serious or repeat crimes. We have also taken steps to ensure that all community penalties contain a punitive element.

[Graham Jones]

I thank the Secretary of State for that answer, but I am sure that Members throughout the House and the public outside will be deeply concerned that in 2013 more than 1,000 people were given a non-custodial sentence despite having 100 previous convictions, while 30,000 offenders were given a non-custodial sentence despite having committed 30 or more previous offences. Should not more consideration be given to residents, particularly in deprived neighbourhoods, who have to put up with persistent and repeat offenders in their communities?

[Chris Grayling]

I completely agree with the hon. Gentleman. That is why we have brought forward a number of the measures in the Criminal Justice and Courts Bill, which is now in the other place. I hope that it will reach the statute book by the end of the year, and that it will deliver much-needed change.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does the Secretary of State agree that sustained and meaningful employment is very important in reducing high reoffending rates?

[Chris Grayling]

I absolutely agree, which is why I think that a combination of the efforts that this Government are putting into that—the work being done to increase the number of employment opportunities within prisons; the work being done by the Work programme to help the long-term unemployed, particularly those who have been offenders; and, indeed, this Government’s great success in creating a fast-improving labour market—are all contributing to tackling the problem to which my hon. Friend rightly refers.

[Mr Philip Hollobone (Kettering) (Con)]

7. Whether the offence of treason is available for use by prosecuting authorities against UK citizens participating in jihad in the middle east.

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

Overall reoffending rates have barely changed over the past decade. Under our transforming rehabilitation reforms, we will draw on the best services from across the public, private and voluntary sectors in order to deliver better rehabilitation support to more offenders, reduce the number of potential victims and make our communities safer. For the first time in recent history, virtually every offender released from custody will receive statutory supervision, rehabilitation and mentoring support in the community.

[Heidi Alexander]

A4e recently pulled out of a £17 million contract to deliver education and training in London prisons. It has been suggested that one reason for that is staff shortages so severe that there are not enough officers to escort prisoners to classes. If prisoners who want to learn cannot even get to the classroom, what does that say about the Government’s so-called rehabilitation revolution?

[Chris Grayling]

All I can tell the House is that the scenario painted by the hon. Lady is completely untrue.

[Mr David Burrowes (Enfield, Southgate) (Con)]

May I encourage the Justice Secretary to look at innovative ways of tackling reoffending? My neighbouring constituency in Barnet is looking at using GPS monitoring in new ways that go beyond traditional electronic monitoring and the Serco-G4S expensive model, and into ways that tackle the behaviour of some of the most prolific offenders. It is having great results.

[Chris Grayling]

I absolutely agree with my hon. Friend. The arrival of GPS tags in this country provides a great opportunity for the criminal justice system in a variety of different ways. We will have first access to that technology in a form that is sufficiently robust to be used in courts if necessary later this year, and I think it has great potential.

[Jenny Chapman (Darlington) (Lab)]

The right hon. Gentleman needs to know that the cost of reoffending is now the same as holding the London Olympics every single year. There is now more overcrowding, less education, and more violence in our prisons than ever before. Why will he not admit that the only intervention his Government have made in the past four and half years that has had the effect of reducing reoffending statistics is the one when he decided to change the way he would calculate those statistics?

[Chris Grayling]

I am afraid I have to correct the hon. Lady. At the moment our prison system is at its least overcrowded for 10 years, and the number of prisoners going through education is set to increase significantly this year.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Will the Secretary of State say what action his Department is taking to reduce the trend in shop theft, particularly where that might fuel a drug or substance habit?

[Chris Grayling]

That is one reason why I think it is important that we address the caution system, because it has been possible for somebody who commits an act such as shop theft simply to receive a caution again and again. Those people must come to court to be dealt with properly by our magistrates, and that is why the measures in the Criminal Justice and Courts Bill are so important.

[Caroline Lucas (Brighton, Pavilion) (Green)]

11. What progress his Department has made on the transforming rehabilitation programme.

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

Transition to the new probation structures took place on 1 June, and bids to run community rehabilitation companies were received at the end of June. More than half the bidders include a voluntary, mutual or social enterprise organisation, and mutuals continue to feature strongly. The contract winners for each CRC will be announced by the end of 2014, as planned.

[Caroline Lucas]

Does the right hon. Gentleman agree that it is deeply worrying that a recent survey of probation workers shows that more than 90% disagree with the view that the changes will provide value for money for the taxpayer, or improve service provision for users—they talk about spiralling work loads, stress, and dysfunctional IT? When will he stop ignoring the experts and admit that the best option to reduce reoffending and protect public safety would be to cancel the probation sell-off and re-integrate the two parts of the service at the earliest opportunity?

[Chris Grayling]

I take greater comfort from the fact that 90% of probation officers chose not to respond to their union’s survey and are getting on with the job, the excellent work they do on a day-by-day basis, and their good work to help the new systems bed in.

[John McDonnell (Hayes and Harlington) (Lab)]

I find the Secretary of State’s complacency extremely worrying. Two hundred probation officers turned up last week to lobby their MPs, all of them consistently reporting that the system is not working. The Secretary of State refused to undertake pilot schemes in advance of these reforms, but he did enact what he described as assessments called test gates. There have been three of those. The fourth was meant to start on 1 June but I believe it has not started yet. Will he publish all the information from the test gates, so that we can see what they have reported regarding the implementation of the reforms?

[Chris Grayling]

These reforms are going exactly according to plan and no test gate was due to start in June. We are on time and the teams on the ground are making good progress. I and my colleagues have visited the trust’s successor organisations, and members of my team are going out to hear what is happening on the ground. This is a nine-month process of delivering change in the public sector, before we reach the point of a change of ownership. We are trying to ensure that the new system is bedded in well, and so far I am happy with the progress being made. There is, of course, still work to be done, but good progress is being made.

[Sadiq Khan (Tooting) (Lab)]

As usual, the Justice Secretary has his head in the sand. He was warned against his plans to privatise the probation service, but he ignored those warnings. Preferred bidders were supposed to be announced this week, but now he tells us it will be before the end of the year. There were supposed to be dozens and dozens of private companies, charities and voluntary groups bidding for the contracts, but there are not—in some areas, only one company is bidding for a contract. Staff—both those who respond to surveys and those who do not—are complaining of chaos at the probation service. Morale is at a record low and experienced and dedicated staff are leaving. Given that, are there any circumstances in which he would put a stop to the botched privatisation of the probation service?

[Chris Grayling]

I am afraid the right hon. Gentleman is plain wrong. He needs to stop listening to the trade unions; of course the trade unions still think this is a bad idea, but in reality our reforms are bedding in well and we will deliver the changes necessary to provide support and supervision to people who get none at the moment. The Labour party has no answers about how it would deliver that.

On competition, the right hon. Gentleman’s facts are plain wrong. I think we have 86 bids, with an average of four bidders in each area and a good mix of organisations from the public, private and voluntary sectors,. I am completely confident that we will shortly deliver a really innovative approach to rehabilitation, despite the blind opposition of the Labour party.

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

12. What progress his Department has made on its courts rebuilding programme.

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[Mr David Hanson (Delyn) (Lab)]

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

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

Given all the questions that have been asked, I think it would be helpful for me to update the House properly on the progress of our rehabilitation reforms.

On 1 June we established new structures in the probation service for a period of shadow running and testing. Twenty-one community rehabilitation companies are now managing low and medium-risk offenders, initially in the public sector, prior to the award of contracts later in the year. The new national probation service has also been established, to advise the courts, manage high-risk offenders and take enforcement actions. Those functions will remain in the public sector. I am grateful to staff for their hard work as the changes bed in.

In parallel, we are making good progress with the competition for ownership of the community rehabilitation companies. Strong competition remains in all regions, with more than 80 bids received and an average of four bidders for each area. More than half the bidders include a voluntary, mutual or social enterprise organisation, and mutuals continue to feature strongly. All bidders have experience of working with offenders.

Nearly 1,000 organisations have registered as potential partners in the wider supply chain, including more than 700 listed as voluntary, community or social enterprise organisations. We remain on track to sign contracts with successful bidders by the end of the year.

[Mr Hanson]

There have been some strong reports recently from the chief inspector of prisons. For example, Glen Parva has been described as “unsafe”, Wormwood Scrubs as “filthy and unsafe”, and Doncaster as a “prison in decline”. I know from my experience as prisons Minister that it is never easy, but has the Secretary of State any belief in his ownership of the causes of those problems?

[Chris Grayling]

It is, of course, unfortunate that press coverage is always of the bad reports. Today we saw an excellent report from Chelmsford, and two weeks ago we saw an excellent report from Parc youth offender institution. This year the chief inspector has rightly been looking at prisons in which there have been challenges in the past, but, as the right hon. Gentleman will know if he visits prisons around the estate, a great deal of very good work is being done by our teams. They are undergoing a process of change caused by budget pressures, but they are doing a first-rate job. For every report that questions performance in one prison, there are many others that show that a first-rate job is being done—as he himself will remember.

[Mr Speaker]

Mr David Davis. Not here.

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[Sadiq Khan (Tooting) (Lab)]

The Secretary of State has previously said, and he said it again today, how proud he is of his prison reforms. The Ministry of Justice’s own figures show that suicides are up 69% in a year. More people died in prison last year than ever before. Self-harm is up 27% since 2010. Serious assaults are up 30%. The riot squad has been called out 72% more times than it was in 2010 and one in five prisons are now rated as “of concern”, double the figure 12 months earlier. We heard from my right hon. Friend the Member for Delyn (Mr Hanson) that four reports by the chief inspector of prisons have been pretty damning; the reports on Glen Parva, Doncaster, Isis and Wormwood Scrubs. What will it take for the Secretary of State to accept that we are in the midst of a prison crisis?

[Chris Grayling]

As always, the right hon. Gentleman paints a very partial view of what is going on in our prisons. Our prisons are less overcrowded than they have been at any point since 2001. They are less violent than they were under the last Government. More work is being done in our prisons today than under the last Government. The number of prisoners going through education is rising. Today we have an excellent report on Chelmsford prison, which I visited last week. Two weeks ago, we had an excellent report on Parc prison in south Wales.

There are staff shortages in parts of our prison system but across the prison system we have a dedicated staff working hard and doing the right job. I take very seriously the issue of suicide in our prisons. We saw a rise in numbers earlier in the year. We saw a fall in numbers across the summer. We may see a rise or a fall in future. These things are difficult to track. We work very hard to tackle what is a real problem.

[Sadiq Khan]

This is classic, head-in-the-sand syndrome.

“The Government cannot pretend any longer that there is no crisis in our prisons.

Even their own backbenchers say the system is shambolic.

Mr Grayling’s priorities, regardless of his budget, must be the security of the public and prison officers—and the welfare of inmates.

His department’s failing on all three.”

Those are not my words. They are from an editorial in The Sun. The House should bear in mind that the Secretary of State was appointed by the Prime Minister to appeal to the red tops. What has gone wrong?

[Chris Grayling]

I will think that I have a problem in our prisons when I am forced through bad planning, as the last Government were, to release tens of thousands of prisoners weeks early to commit crimes that they should not have committed. I will know that I have a problem when I have to hire thousands of police cells when we do not have enough space in our prisons. The truth is that we have space in our prisons. They are less overcrowded. We are increasing education. They are less violent than they were under the last Government. We face challenges given budget pressures but we are doing a much better job than they did.

[Martin Vickers (Cleethorpes) (Con)]

T6. It is an intolerable burden on British taxpayers that they should be funding the cost of so many foreign prisoners. Can the Secretary of State inform us what action is being taken to reduce the number and return more of them to their home country?

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[John Mann (Bassetlaw) (Lab)]

T5. Has the Secretary of State given specific advice to prisons, probation services and magistrates about historic sex abuse? If so, what is it?

[Chris Grayling]

No. It is for the courts to pass sentences. It is for our prisons and probation service to deal with the matter. The national probation service will focus on the most dangerous sex offenders. Our prisons are managing increasing numbers of historic and current sex offenders. We now have a number of prisons that specialise in that and are doing excellent work with those offenders. Let us hope that those numbers do not continue to rise, but if they do we will be ready to tackle that problem.

[Lorely Burt (Solihull) (LD)]

T10. As a former prison assistant governor, I take a great interest in the rehabilitation of ex-offenders, so I am very proud of my constituent, Jason Turner, a former drug addict who is today launching his film, “Making your past pay.” He turned his life around after 22 years of crime and addiction, and the film features Benjamin Zephaniah aiming to show offenders how they can turn their lives around. Does my hon. Friend agree with my constituent Jason that offenders seeking to rehabilitate should never allow themselves to be defined by their past?

[Kate Green (Stretford and Urmston) (Lab)]

T7. There have been reports that a number of offenders remain unallocated to supervising officers following the division of the probation service into probation and community rehabilitation companies, with obvious concerns for public safety. The Secretary of State has said that he will only proceed with the transforming rehabilitation programme if he is confident it is safe to do so. Will he now undertake to publish the findings of the test gates, including the upcoming test gate 4, so that the public can have that reassurance?

[Chris Grayling]

I have expressly asked the chief inspector of probation to come to my office and talk to me if, in the course of the work he and his team do, he identifies any part of the reforms that are jeopardising public safety. He has not done so.

[Greg Mulholland (Leeds North West) (LD)]

The Ministry of Justice’s own figures show that more than half of the parties in family courts are now unrepresented by a solicitor. There are concerns from the legal sector that this means that people are not getting fair hearings, and actually hearings seem to be taking longer. What plans has the Department got to review this?

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[Paul Flynn (Newport West) (Lab)]

T8. The mentally ill constitute a large group of those who have taken their lives in prisons—in the most recent year, there has been the highest number since 2007. Much of this has been traced by commentators to the harsher policies introduced by the current Secretary of State. Does he not feel any shame that mentally ill people are paying this terrible price for the Government’s crude populism?

[Chris Grayling]

Let us be clear first of all: any suicide in our prisons is one too many, and I and my colleagues, and the team in the National Offender Management Service, take these issues very seriously indeed. We are working very hard to address the issues as to why people take their lives. As I said, we saw an increase earlier in the year and a fall during the summer. I hope we will continue to see a fall, but we might see an increase; these things do not follow a pattern. The reality is that we have looked at all the cases and there is no common pattern to them, but I absolutely refute any suggestion that we are disinterested in this or want to create an environment that allows this to happen. Indeed, I have said publicly that I regard dealing with issues of mental health in prisons as the next reform that this Government should embark on.

[Duncan Hames (Chippenham) (LD)]

In his recent written statement on the Office of the Public Guardian, the Minister of State, my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes), alludes to a future segmented supervision model for deputies. Will he act to reduce the number of people forced to pay through their estate for expensive solicitors to act as deputies, and find them better value alternatives instead?

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[Mr David Nuttall (Bury North) (Con)]

Further to the reply given to my hon. Friend the Member for Shipley (Philip Davies), will the Lord Chancellor join me on a visit to Bury and Rochdale magistrates court so that he can see for himself the excellent work that the magistrates are doing and see that the capacity exists for their sentencing powers to be increased from six months to 12 months?

[Chris Grayling]

I would be delighted to do so.

[Mr Nicholas Brown (Newcastle upon Tyne East) (Lab)]

What colour is the probation service change programme on the Cabinet Office evaluation scale?

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[Andy McDonald (Middlesbrough) (Lab)]

The number of prison suicides has risen by 50% since the coalition came to power. The Secretary of State sits on his hands and simply says that the numbers go up and down; he has no explanation for that. However, his own chief inspector of prisons says that this is down to overcrowding. Is he wrong?

[Chris Grayling]

We have looked carefully at this matter, as have the ombudsman and a number of others. There is no common pattern to the suicides.

[Guy Opperman (Hexham) (Con)]

May I ask the victims Minister to meet me and to review the handling and sentencing of repeat antisocial behaviour offenders? In my constituency, there are two cases of people on year-long ASBOs, but the victims feel that the sentencing has been carried out solely on the basis of the most recent offence rather than the pattern of behaviour.

EU: Criminal Proceedings

Lord Grayling Excerpts

Monday 1st September 2014 Written Statements

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

My noble friend the Minister for civil justice and legal policy, Lord Faulks QC, made the following written ministerial statement on 30 July 2014:

The Government on 18 March 2014 decided not to opt in to any of the three EU criminal procedural rights proposals—proposal for a directive on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings, proposal for a directive on procedural safeguards for children suspected or accused in criminal proceedings, proposal for a directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings, which were all published by the European Commission (“the Commission”) at the same time. These decisions were debated in the other place on 18 March 2014. Explanatory memoranda for each proposal have previously been deposited in Parliament.

The Commission produced a legislative proposal on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings which aims to establish common rules in matters it has identified as relevant to “the presumption of innocence”. It is proposed under article 82(2)(b) of the treaty on the functioning of the European Union. Accordingly, the UK’s title V opt-in applies.

The Commission’s accompanying explanatory memorandum (EM) explains that it considers that the issue of the presumption of innocence may have a bearing on the mutual trust between member states and therefore on the effective application of mutual recognition measures. However, the Government do not believe that the case has been at all made to demonstrate the need for EU action in this area. Indeed the Commission’s own EM suggests that there is limited evidence to suggest there is a demonstrable problem with the current arrangements. This House, on the recommendation of the European Scrutiny Committee, had expressed similar misgiving about the need for the proposed legislative instrument and issued a reasoned opinion to the Commission indicating that it had failed to satisfy the subsidiarity principle.

The proposal would require some significant changes to UK laws and practice if it were accepted in its current form. For example the very limited circumstances in which adverse inferences can be drawn from a defendant’s silence or refusal to co-operate would likely have to be changed. Of course the presumption of innocence is a long-standing principle of the common law and UK laws that place exceptions upon this principle have been found to be compliant with the European convention on human rights.

The Government therefore consider the proposal to be unnecessary and unwelcome and have concluded that the UK should not opt in to the proposal. UK will therefore not be bound by the outcome.

The Commission’s also proposed a directive on procedural safeguards for children suspected or accused in criminal proceedings. This aims to establish common rules regarding the treatment of children suspected or accused of a criminal offence or the subject of a European arrest warrant (EAW). It is proposed under article 82(2)(b) of the treaty on the functioning of the European Union. Accordingly, the UK’s title V opt-in applies.

The Commission’s EM accompanying this proposal explains that in the Commission’s view a lack of common rules at a European level leads to a lack of mutual trust and recognition across the Union. As children are regarded as vulnerable, it argues, they require elevated and specific safeguards.

Of course the Government support the principle that children that become engaged with the law enforcement agencies and the criminal justice systems are vulnerable and need special protection. UK laws and practice reflect this and there are a raft of protective measures in place to help and support these children. For example, the Police and Criminal Evidence Act 1984 (“PACE”) and associated PACE codes set out the rules for the treatment of children accused or suspected of a criminal offence. This framework provides actions to protect children being held by the police and other judicial authorities. However, the proposed directive would establish different rules. The Government are not convinced those rules would represent an improvement in the support and protection of young people in the UK from those that already exist here. Some aspects of the proposed rules would require some significant changes to UK arrangements to no obvious benefit. For example, UK laws are nuanced and recognise that children of different ages may require different levels of protection. By establishing the definition of a child at one level the proposal would change that. The laws of the UK also recognise that in certain limited circumstances it is necessary to detain children for a period of time, for example if it is necessary to secure or preserve evidence relating to an offence or to obtain evidence via questioning. The proposal would seem to seek to alter those arrangements. Further, the proposal suggests some new arrangements which the Government consider to be disproportionate if applied to all cases, for example the requirement to audio-visually record almost all interviews. This is not common practice in the UK; all interviews are audio recorded but there is very little routine use of audio-visual recordings.

The Government have therefore decided that the UK will not be opting in to this directive and the UK will not be bound by the outcome. That position can of course be reconsidered at the conclusion of the instrument if there have been changes which address the above concerns.

The Commission also published a proposal for a directive on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant (EAW) proceedings. This aims to establish common rules about access to provisional legal aid for suspected or accused persons in certain circumstances and in relation to or persons subject to an EAW. The directive is proposed under article 82(2)(b) of the treaty on the functioning of the European Union. Accordingly, the UK’s title V opt-in applies.

The Commission’s accompanying EM suggests that a lack of common rules at a European level leads at present leads to a deficit of mutual trust and recognition across the Union. It suggests that common minimum standards on provision of criminal legal aid are necessary to improve mutual trust between judicial authorities.

The Government consider the proposal to be unnecessary and unwelcome. It considers that the UK’s current system for the provision of criminal legal aid is one of which we can be proud. Access to criminal legal aid in the UK is already of a high standard. The right to criminal legal aid is already guaranteed by article 6 of the European convention on human rights, and of course UK laws and practice are compliant with that. The UK criminal legal aid regime delivers legal aid to those that need it when they need it. The Government consider that the rules on legal aid are most appropriately determined by member states themselves rather than at the EU level. The Government have therefore concluded that the UK will not opt in to this proposal and the UK will therefore not be bound by the final directive.

“Contempt of Court: Juror Misconduct and Internet Publication”

Lord Grayling Excerpts

Monday 1st September 2014 Written Statements

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

My noble Friend the Minister for civil justice and legal policy, Lord Faulks QC, made the following written ministerial statement on 30 July 2014:

I wish to make the following statement to the House announcing the Government’s response to the Law Commission’s report “Contempt of Court: Juror Misconduct and Internet Publication” which was published on 19 December 2013.

The Government broadly accept the Law Commission’s recommendations concerning juror misconduct and have introduced provisions in the Criminal Justice and Courts Bill that would implement recommendations to create new offences and provide powers for judges to require jurors to surrender electronic communications devices. The Government also accept that the Law Commission’s recommendations concerning strict liability contempt represent a balanced and measured proposal and two clauses were included in the Bill at introduction to implement the measure. However, as announced in the former Attorney-General’s written statement of 30 June to the House, the Government have decided not to pursue the measure and have introduced amendments to omit the clauses from the Bill.

The Government do not intend to take forward the recommendations concerning a specific defence for disclosure of juror deliberations to the Criminal Cases Review Commission or an exception to the disclosure offence allowing approved academic research. Decisions on whether to accept the recommendations concerning juror information and education will be deferred until after enactment of the Bill so that they can be considered alongside implementation of measures in the Bill.

Closed Material Procedure

Lord Grayling Excerpts

Tuesday 22nd July 2014 Written Statements

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

Section 12(1) of the Justice and Security Act 2013 (“the Act”) requires the Secretary of State to prepare (and lay before Parliament) a report on the use of the closed material procedure (CMP) under section 6 of that Act. Under section 12(4) of the Act, the report must be prepared and laid before Parliament as soon as reasonably practicable after the end of the 12-month period to which the report relates.

I am pleased to submit the report in the form of the table below. An Unnumbered Act Paper, containing the same information, will also be laid today. Copies will be available in the Vote Office and in the Printed Paper Office. The report covers the period from 25 June 2013 (when section 6 of the Act came into force) to 24 June 2014.

Judicial Fees

Lord Grayling Excerpts

Tuesday 22nd July 2014 Written Statements

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

The Government would like to announce that as a consequence of the decisions by the:

(i) UK Supreme Court in O 'Brien v Ministry of Justice [2013] UKSC 6;

(ii) Employment Tribunal 2 Jan 2014 in Miller & Others v Ministry of Justice; and

(Hi) Employment Appeal Tribunal on 28 January 2014 in Ministry of Justice v O'Brien.

The fees payable to certain specified judicial officeholders have been increased. This change will take effect from 1 August 2014. A table of the affected judicial officeholders and their new daily fee rates has been placed in the Libraries of both Houses.

Social Action, Responsibility and Heroism Bill

Lord Grayling Excerpts

Monday 21st July 2014 Commons Chamber

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

I beg to move, That the Bill be now read a Second time.

The Bill is about bringing back common sense to a part of our society that week in, week out frustrates many of us; about restoring balance to the health and safety culture that all too often goes beyond what is necessary to protect individuals; about tackling a culture of ambulance chasing that all too often is about generating opportunities to earn fees, rather than doing the right thing; about ensuring that people who do the right thing are confident that the law is on their side when they do so; about trying to protect those who act in the interests of our society; about protecting those who go out of their way to take the responsible approach; and about protecting those who take risks to try to help those who are in trouble. It does not rewrite the law in detail or take away discretion from the courts, but it sends a signal to our judges and a signal to those thinking about trying it on—by bringing a case in the hope that it will not be defended—that the law is no longer on their side.

We live in a society that is increasingly litigious. In a country where things are safer than ever, where our workplaces are less risky than ever and where safety standards on our roads are higher than ever, that should not be happening. Of course accidents happen; they always will. Of course people do dumb things; they always will. Of course unscrupulous people will cut corners and put others in danger; they always will. But there is no need for us to be suing more and more. In the last three years alone, figures for personal injury claims registered with the compensation recovery unit show that claims against employers have increased from around 81,000 in 2010-11 to more than 105,000 in 2013-14—an increase of 30%.

[Neil Parish (Tiverton and Honiton) (Con)]

I very much support what the Minister is doing, because there are some people out there who genuinely need to sue when there is a problem, but there are many who have manufactured a situation, where they were probably at fault themselves, and then want to blame somebody else. There is a culture of blaming somebody else whatever happens. We need to take responsibility for our own actions as well as everyone else’s.

[Chris Grayling]

I very much agree with my hon. Friend. I want those who are tempted to try to attract people who have been the victim of an accident—those who say, “Hey, there’s an opportunity for you to sue”—to believe that it is perhaps not in their business interests to do so. Accidents do happen. Where people are genuinely on the bad end of a poor decision or malpractice, they should of course have a defence in the courts, but people who are blameless should not be sued none the less.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

May I say how delighted I am to see that the Minister is still in his place and is a survivor? It is nice to have him here, but I am bit worried about the title of this Bill. He seems to be talking about a Bill with a different title from the one on the Order Paper. This Bill is about social action, responsibility and heroism. I thought it would be about citizenship, and I am concerned that that is not in the Bill and that he has gone straight on to health and safety issues and people being sued. What has gone wrong?

[Chris Grayling]

I am grateful to the hon. Gentleman for being pleased to see me still in my place. If he looks at the three elements in the Bill’s title—social action, responsibility and heroism—he will see that all are of great importance. However, when it comes to the responsibility piece in particular, which I am talking about now, those who try to do the right thing and take responsible decisions can still sometimes end up on the wrong end of the law. That is where I want to avoid being. I want those who do the right thing—in terms of responsibility, that means employers who go out of their way to have the right standards in their workplace—to feel protected against claims that can sometimes, frankly, be spurious.

[Mr Sheerman]

Most of us on the Opposition Benches would agree: we do not want people to be intimidated by threats of legal action. They are totally preposterous—we have seen them, we hate them, and we can all agree on that. On the other hand, we want people to be protected from serious accidents at work and the things that trouble people who are vulnerable. Can the Minister assure me that he will get that balance right?

[Chris Grayling]

I can absolutely give the hon. Gentleman that assurance, because this Bill is not about taking discretion from the courts. It is about deterring spurious claims and sending a message to the courts that we want them to focus on ensuring that they are on the side of the person who has done the right thing. Of course, where the wrong thing has been done, the force of the law is there to provide an appropriate remedy. However, all too often cases are brought that I think frankly should not be brought. If the hon. Gentleman talks to small businesses in his constituency, I am sure he will find many examples of firms that say, “Actually, when I get a case against me, it’s just too much of a hassle to defend it.”

[Mr Jim Cunningham (Coventry South) (Lab)]

I do not want to misinterpret what the right hon. Gentleman has been saying, but it seems to me that there would not be many frivolous claims, given that it is difficult to take somebody to a tribunal and that legal aid has been cut. I do not quite see what he is getting at with that aspect of his Bill.

[Chris Grayling]

All I can suggest is that the hon. Gentleman find a moment or two in his day to watch daytime television and see the number of adverts for firms trying to attract people who will sue when something has gone wrong—“Have you had an accident? Come and launch a case.” He needs to recognise—I am sure he has constituents in this position as well—that there are very many responsible employers who fear cases being brought against them when they have done nothing wrong. There are people who volunteer in their communities and who are worried about the legal position in which that puts them. There are people who, whenever they are faced with a spur-of-the-moment decision on whether to intervene in a crisis, are pursued by the fear that makes them ask themselves “If I do this, will I be doing the right thing?”

[Rebecca Harris (Castle Point) (Con)]

As my right hon. Friend may know, yesterday parts of my constituency experienced severe flash flooding from surface water, which affected pretty much the whole of Canvey Island. On numerous occasions, many public-spirited individuals stepped in. I am thinking of people such as Neal Warren and Simon Hart who spent all afternoon unblocking sewers and road drains in Hadleigh, at their own risk, and the neighbours of Bill Monk, a 103-year-old whose carers could not reach him because of the floods. Would the Bill make people in such circumstances more confident that they are safe and will be protected?

[Chris Grayling]

That is very much my aim. I pay tribute to my hon. Friend’s constituents, and indeed to her. I know that she spent time helping her constituents at the weekend. I saw the television pictures of what happened in her constituency, and I am sure that we all send our good wishes to the residents of Canvey Island who have experienced such a sudden and unexpected turn of events. Considerable damage and great disruption were caused to the island, and I pay tribute to everyone who has been involved in trying to sort things out. Of course, such people should always feel confident that if they do the right thing by, for instance, trying to unblock a sewer, yet something goes wrong, it is not their fault but a result of their trying to do the right thing for the community. The balance of probability should be that the law is on their side, and that is what the Bill will achieve.

[Sir Edward Garnier (Harborough) (Con)]

Everything that we have heard so far is entirely worthy, and no one would wish to gainsay or criticise the constituents of my hon. Friend the Member for Castle Point (Rebecca Harris), but I am a little puzzled, because I cannot find, in my head or my heart, a practical difference that the Bill will make to the current law. I wonder whether my right hon. Friend could give me a few examples.

[Chris Grayling]

The key thing that the Bill does, in legal terms, is lay down a set of principles for the courts. As my hon. and learned Friend knows, there have been a number of examples over the years in which Parliament has set out principles and allowed the jurisprudence to evolve from them. However, this is not just about what happens in the courts; it is also about what happens outside the courts. It is about the decisions to sue that may or may not be made. It is about the small business that gives way to a spurious claim, believing that there is a risk in defending it. The Bill is designed to send a powerful message, inside but particularly outside the courts, that if someone is going to take legal action, there is clear visibility of the law, and the law will clearly not be on the side of a person who is trying it on. That is what we are trying to achieve.

Many of the claims that are represented by the 30% increase are doubtless valid, but at least part of that rise must be attributed to an increasingly litigious climate, spurred on, as I have said, by personal injury firms that are quick to cash in by advertising their services on television and radio, through unsolicited and often deeply irritating and upsetting telephone calls, through posters on buses, and through other marketing techniques. We have focused firmly on ensuring that in future it will be much more difficult for spurious, speculative and opportunistic claims to succeed.

[Mr David Nuttall (Bury North) (Con)]

Does my right hon. Friend agree that one way of deciding, in future years, whether the Bill has been a success will be to measure the number of unsuccessful claims for negligence that are being brought before the courts?

[Chris Grayling]

That is clearly one of the measures that could be used, but this is an area in which it is very difficult to collect statistics. All too often, these are cases that are conceded a long time before they come to the courts. A small business may be involved. Perhaps there has been an accident at work and it is not the employer’s fault, but the employee, backed by a firm that is operating on a ‘no win, no fee’ basis, pursues the case anyway. All too often, the employer simply gives way. I think that every one of us, in our constituencies, could find a firm that had found itself facing a claim and had felt uncertain about the law: legal aid is expensive, the firm did not feel that the law was on its side, and it therefore did not defend the case.

[Mr Sheerman]

The Secretary of State is being very generous in giving way. As I have said, I have great respect for him, but when I read about “social action, responsibility and heroism” in the Queen’s Speech, I thought that that meant qualities such as citizenship. I am involved in a campaign about citizenship, and about making educating young people—and older people—in good citizenship more of a reality. Listening to the right hon. Gentleman’s speech, my constituents might fear that the Bill is not what they thought it would be.

[Chris Grayling]

The hon. Gentleman will have to let me finish my speech and decide in the round, but I can assure him that small businesses share the concerns I have been setting out. They believe the law needs to be more clearly on their side, but I will come back to the heroism piece and the social responsibility piece because these are important parts of the Bill as well.

We have focused on trying to ensure that we clamp down on the no win, no fee environment. In 2010 Lord Young published the “Common Sense, Common Safety” report, drawing attention to the fact that businesses were operating their health and safety policies in a climate of fear, and that the no win, no fee system introduced by the Labour party had given rise to the perception that there was no risk in starting litigation and it encouraged speculative claims. A whole industry had grown up around that.

Since that report was published, we have introduced a wide range of measures to tackle these damaging effects. We have transformed no win, no fee deals, so lawyers can no longer double their fees if they win at the expense of defendants or their insurers. We have banned referral fees paid between lawyers, insurance claims firms and others for profitable claims. We have reduced by more than half the fees lawyers can charge insurers for processing low-level personal injury claims. We have banned claims management companies from offering cash incentives or gifts to people who bring them claims. We have changed the law to enable companies that breach claims management regulation unit rules to be fined. We have also helped remove the fear of being sued for breaches of strict liability health and safety duties by introducing changes last year through the Enterprise and Regulatory Reform Act 2013 to prevent claims for damages from being brought under health and safety regulations. In addition to these measures, we are currently taking action through amendments to the Criminal Justice and Courts Bill to extend the ban on offering inducements to include things such as iPads. I do not think they should be offered as a reward by those who drum up business in order to pursue personal injury claims. Together with other provisions in the Criminal Justice and Courts Bill requiring the courts to dismiss fundamentally dishonest claims, this will root out the insidious and damaging bad practice and unacceptable behaviour on the part of some claimants and their lawyers that has tainted personal injury claims in recent years.

[Sir Edward Garnier]

I am probably being very obtuse, but everything my right hon. Friend has said over the last two or three minutes is undoubtedly true, yet what I do not understand is how clauses 1, 2, 3 and 4 change what is already in place.

[Chris Grayling]

They do two things. They consolidate the law, which exists in fragmented places around past legislation, so it is very clear what the law says, and they provide additional protection, particularly for volunteers, but, above all, they send a signal from Parliament to the courts, in the way that past legislation also has, and set out a series of principles off the back of which the courts will evolve a jurisprudence. They also send a powerful message to those who never get near the courts and who may give in to claims and currently do not feel the law is on their side—I can assure the House that they do not feel the law is on their side—that actually they can stand up and defend a claim in the knowledge that Parliament has very clearly said that the balance in the courts should be in their favour. So this is as much about sending a message outside the courts as inside the courts.

Although this Bill focuses on three issues, as I have said I do think that clause 3—the responsibility piece—has a particular importance in ensuring we provide proper protection for small businesses. I have talked to countless business groups and employers who tell me how the compensation culture is tying their business in knots. Employers might do the right thing and put in place sensible procedures, but then someone does something daft and the employer still finds themselves facing a damages claim. Of course sometimes that claim will have a genuine basis, and of course sometimes it needs to be recompensed in the courts, but if we are to achieve our goal of supporting business and enterprise and ensuring we continue our success in creating new jobs, we have to make sure the law is properly balanced.

I recognise that worries about liability can arise in other circumstances, too, particularly in the voluntary sector, and let me now turn to the other clauses that address those concerns. In a survey carried out by the NatCen Social Research and the Institute for Volunteering Research, worries about risk and liability was an issue cited by 47% of those questioned who were not currently volunteering. That study was carried out over the course of 2006-07, but the more recent insightful reports by Lord Young and Lord Hodgson concluded that this remains a real issue for would-be volunteers. Indeed, in the Queen’s Speech debate we heard from a number of hon. Members who reinforced that message from volunteering groups in their constituencies. It has been confirmed by Justin Davis Smith, the executive director of volunteering and development at the National Council for Voluntary Organisations, who said when we announced our plans that there is

“a great concern about risk…anything that can be done to break down barriers to people getting involved in their communities is very welcome.”

I say to my hon. and learned Friend the Member for Harborough (Sir Edward Garnier) that it is precisely for those people that we are sending one of the signposts in this Bill.

[John Hemming (Birmingham, Yardley) (LD)]

Obviously, I support the Government’s objectives and making things easier for volunteers. Have the Government made any study of what effect the Bill would have on the costs on insurance to protect people against strange litigation?

[Chris Grayling]

It is difficult to give an exact answer on that. We have not been able to quantify it exactly, but I believe the Bill will contribute to the downward pressure on insurance premiums coming from a range of measures we are putting in place. In itself, it will not necessarily make a massive difference, but together with the other pieces of the jigsaw puzzle we are putting in place on different aspects of insurance costs, ranging from the independent medical panels we are putting in place for motor insurance claims to some of our changes to the regulation of no win, no fee lawyers, it will have—we are already seeing this in some areas—a downward effect on insurance claims.

[David Rutley (Macclesfield) (Con)]

Does my right hon. Friend agree that one constraint on getting more volunteers into organisations is the risks they perceive? Does he agree that these concerns and risks are stopping the growth of great organisations such as the Scouts and St John Ambulance, because they cannot get the volunteers? They cannot get young people involved, off the streets and doing positive things.

[Chris Grayling]

That is absolutely right. My hon. Friend the Member for Canterbury (Mr Brazier) has highlighted the case of a constituent of his who ran an outward bound organisation but has been hamstrung—he has seen his business almost disappear—because of pressure as a result of a claim that has been brought. That caused problems to his business when he was seeking only to do the right thing.

I want people to feel confident about participating in activities that benefit others without worrying about what might happen if, despite their best efforts, something goes wrong and they find themselves defending a negligence claim. Clause 2, on social action, provides valuable reassurance that if that does happen, the court, when reaching a decision on liability, will take careful and thorough account of the context of the defendant’s actions and the fact that he or she was acting for the benefit of society.

The final limb of the Bill on heroism addresses another key area of concern. Unfortunately, it is often the case that people are unwilling to intervene to help in emergencies, and may stand by and do nothing when somebody collapses on the street, for example, because they are worried about the legal position if they do try to help and something goes wrong. Although many people act spontaneously in such situations without giving a second thought to their own interests, we know that many people think it would be safer not to get involved. The debate in this House—[Interruption.] The hon. Member for Hammersmith (Mr Slaughter), in his usual chattering way, asks how I know. Let me refer him back—he probably was not here—to the debate following Her Majesty’s Gracious Speech, which yielded a number of examples of how those worries can manifest themselves. My hon. Friend the Member for Brigg and Goole (Andrew Percy) told us about his experiences as a community first responder with the ambulance service in Yorkshire. He said that when he turned up at emergencies, he often found that people were unwilling to involve themselves because they were worried that the law would not protect them. The hon. Member for Plymouth, Moor View (Alison Seabeck) confirmed that she has found similar attitudes in her constituency. These are not isolated cases, and other right hon. and hon. Members will be able to think of other examples in their constituencies.

[Mr Sheerman]

May I put the record right, Mr Deputy Speaker? As a Yorkshire Member of Parliament, I know that we have so many volunteers and so much spontaneous public action to step in to the fray when things go wrong. I would hate for that example the Secretary of State gave of someone from Yorkshire to stand, as we are second to none. I have never heard, as a Member of Parliament, of anyone being frightened to wade in and save someone or help someone if it is needed in Yorkshire. I am sorry, but I do not believe there is that much reticence.

[Chris Grayling]

All I can say to the hon. Gentleman is that if he were right, this move would not have been as widely welcomed as it has been by the voluntary sector, for precisely the reasons I gave. It has been widely welcomed by that sector, and I am sure that my hon. Friend the Member for Brigg and Goole would be happy to share his experiences with another Yorkshire Member of Parliament.

Clause 4 therefore addresses these concerns by giving reassurance that heroic behaviour in emergencies will be taken into account by the courts in the event of a negligence claim being brought. The Bill will therefore apply in a wide range of situations in which employers or others have demonstrated a generally responsible approach towards the safety of others during an activity or in which people have been acting for the benefit of society or have selflessly intervened to help others in an emergency.

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

I realise that the point I am about to make slightly stretches the parameters of the Bill, but given that the Secretary of State has been praising people who heroically intervene is he not as surprised as I am that the people who heroically intervened to help Lee Rigby and confronted the people who had killed them have not seen their bravery recognised? Most of us expected them to get the George medal once the trial was over, so is it not a shame that their bravery has not been recognised?

[Chris Grayling]

I think that every one of us in this House would pay tribute to those people. I am sure that my hon. Friend’s comments have been noted and he is right to highlight the degree of bravery shown on that tragic afternoon.

[Mr Nuttall]

I am extremely grateful to my right hon. Friend the Lord Chancellor for giving way. Does he agree that clause 4 would be just as effective without the last 11 words thereof? I urge him to look closely at the clause and see whether the words are necessary.

[Chris Grayling]

I can certainly give that assurance to my hon. Friend. I do not think he is right, but we will debate the Bill in Committee and I am sure that he will have the opportunity in Committee and on Report to take a more detailed look at the wording. If there are ways to improve the Bill, we are certainly not closed-minded in that regard, although I believe that the wording is necessary to clarify when clause 4 applies.

What the Bill does not do is tell the court what conclusion it should reach. It does not prevent a person from being found negligent if all the circumstances of the case warrant it. It is important to be clear that it does not prevent medics who negligently injure their patients or others or who perform public services in a negligent way from being held to account. It does not do that. Nor does it have any bearing on deliberate acts of ill-treatment or harm that are inflicted on others and that might amount to criminal offences. In those instances, there could, as now, be repercussions in the criminal courts as well as the civil ones. What it does, as I said at the start of my speech, is drive out spurious claims, deter health and safety jobsworths and help to reassure good, honest and well-meaning citizens that if they act responsibly, do something for the public good or intervene heroically in an emergency, the law will be on their side. Businesses should not be deterred from providing jobs and contributing to our economy by a fear of opportunist litigation and individuals should not be deterred from helping their fellow citizens by a fear that they will somehow put themselves at legal risk.

[Mr Nick Hurd (Ruislip, Northwood and Pinner) (Con)]

I support the Bill, because I think it sends a valuable message of reassurance to volunteers and charities. Having knocked around the sector for six years now, I know that there definitely is an issue with people being afraid of being sued. May I urge him to consider this in the wider context of what the Government are doing to support volunteering, and will he join me in celebrating the fact that volunteering has risen on our watch following five years of gentle decline?

[Chris Grayling]

I will certainly make that very clear. We value enormously the work done by volunteers. May I take this opportunity to pay tribute to my hon. Friend for his very good work with the voluntary sector, which rightly values the contribution he has made? He has undoubtedly been one of the principal architects of a more favourable environment for charities to operate within.

I believe that the Bill strikes a fair, proportionate and sensible balance that will provide a clear and valuable reassurance to counter the fears that are proving such a deterrent, putting people off volunteering, and that cause anxiety to small businesses, which worry that they might end up at the wrong end of litigation, while ensuring at the same time that those who are genuinely injured through negligence or who suffer wrongs are not prevented from obtaining redress where appropriate.

I believe that the Bill embeds common sense and will reassure all those people. I hope that the House will welcome the policy intentions that underpin it and I commend it to the House.

--- Later in debate ---

[Sadiq Khan]

The right hon. Gentleman should give me a chance to complete my speech. Then we can discuss what we are going to do. He has been here for many Parliaments and he will know that we take the opportunity where we can to improve Bills, even five-clause nonsense Bills, in Committee. I look forward to working with him to improve the Bill during the remaining stages of its passage through the Commons.

I have referred to the fact that the Bill has only five clauses, and I accept that we should not necessarily judge its quality by its length, but if we strip out the first clause, which sets the scene, and the fifth, which deals with extent and commencement, it is only a three-clause Bill. It is so small that the short title is almost longer than the Bill itself. Does the content really warrant a Bill of its own?

It goes without saying that we all support those who volunteer. We want to see even more people contributing their time to good causes and to the vibrancy of civil society and communities throughout the country. We do not want to live in a country where there are unnecessary barriers in the way of those who want to donate their time to helping in the local community, nor do we want to live in a society where people feel unable to help out in an emergency because of a fear of litigation. But the premise of the Bill is built on sand. The Justice Secretary has stated:

“All too often people who are doing the right thing in our society feel constrained by the fear that they are the ones who will end up facing a lawsuit”,

and he repeated that in his Second Reading opening speech. One might think that such a sweeping statement would be followed up with some concrete examples of where that has happened, or perhaps some statistics to back it up, but no. Instead we are given generally wishy-washy scenarios where people and organisations might—I stress the word “might”—be put off by fear of litigation.

[Chris Grayling]

How does the right hon. Gentleman therefore explain the 30% increase in three years in personal injury claims?

[Sadiq Khan]

I am pleased that the Justice Secretary asks that question because the Ministry of Justice has confirmed that the number of civil cases is going down, not up. It would be worth his spending some time looking at his own statistics. He spent a great deal of time during his speech talking about all the progress that he has made in reducing the number of personal injury cases. Either his reforms are not working or the statistics from his Department are wrong. He must decide which it is.

During his 30-minute speech he gave us no hard facts, no proof and no evidence. We know he has previous when it comes to lack of evidence. We have seen the meltdown in probation that has come about because of his Government’s reckless and half-baked probation privatisation—all done, again, without any evidence, let alone testing or piloting; nothing to show it would work or would not risk public safety. The Justice Secretary said at the Dispatch Box that he trusted his instinct ahead of hard statistical evidence—the same instinct that brought us the Work programme and that delivered a prison crisis has now brought us SARAH.

The Justice Secretary tried to give the impression that there was a problem, and he referred to the impact assessment. I can imagine the fear in his officials’ eyes when they were told to go and find some evidence—any evidence—to support the aims of his Bill. But the Justice Secretary should have been worried when all they could come back with was a survey—a survey—from 2006-07, when the ink was not even dry on the Compensation Act 2006. How can he use as evidence a survey done when the 2006 legislation, which many people think deals adequately with the problems that he says he wants to solve, had barely come into force? In fact, there is plenty of evidence out there, as the hon. Member for Ruislip, Northwood and Pinner (Mr Hurd) said, that contradicts the Government’s claim. A Cabinet Office report from 2013 shows not a fall but a rise in volunteering, confirmed also this week by the National Council for Voluntary Organisations. Volunteering is going up, not down.

--- Later in debate ---

[Sadiq Khan]

I have great respect for the hon. Gentleman, but he was not in the Chamber when I referred to the Master of the Rolls. We need to make sure that employees who do not know the position are educated and told the position, and that those who are not properly trained are properly trained. Debating a three-clause Bill today, and even passing it in the next few months, will not make a jot of difference. We need to make sure that the public and those who work in the emergency services are better educated and know what obligations and duties are placed on them, without the risk and fear of litigation.

Let us be clear: this Bill is targeted at negligence and not at health and safety at all. When the Justice Secretary claims, as he does, that his Bill will

“finally slay much of the ‘elf and safety’…culture”,

he must be honest about the fact that he is being disingenuous, to say the least. If this Bill were really about health and safety, he would be telling the House about the conversations he has had with the Health and Safety Executive and its views on the necessity for such legislation. Again—I think for the seventh time—I will happily allow him to intervene on me to update the House on those conversations with the Health and Safety Executive. Silence again.

We will use the Committee stage of the Bill to scrutinise in more detail its ramifications, both intended and unintended, because it might end up having the opposite effect to that which the Justice Secretary wants. A single act or omission is all that is needed to be negligent. That act or omission might be so serious, causing injury, pain or even death, as to outweigh any amount of good behaviour. He likes talking about hypothetical situations, so what about this one? You are the parent of a child. Would you want them to go on a trip knowing that if they are injured owing to a fault on the part of the school, youth club or scouts, they will not get compensated? The Bill creates the impression that this is the Government’s intention. Or this one: the chairman of a local football team cuts corners when vetting volunteer coaches working with children in the belief that he is protected by the law because in providing coaching for children, he is, to quote clause 2,

“acting for the benefit of society”.

The ramifications of this Bill are that children risk being more exposed to risk. Is that the Government’s intention in introducing it?

If that is not the Government’s intention, this three-clause Bill will not make any difference to the current state of play, as the former Solicitor-General made clear in his intervention. When assessing negligence claims, courts already take into account whether somebody is doing something for the benefit of society, as is recognised by the impact assessment of the Ministry of Justice. That is why organisations have insurance. Although they may be defendants in a claim, they would not be financially liable and their insurer would pay out.

That leads me on to another point. It is interesting that the impact assessment states:

“Insurers and other defendants may gain from slightly reduced aggregate compensation paid and this may feed through to lower insurance premiums.”

However, there is no attempt whatsoever to quantify that, and nor is there any undertaking from insurance companies that it will be passed on to customers—all of which leaves us questioning whether any of that will actually happen in practice, or will insurance companies just end up with higher profits? We all know, by the way, that those companies have donated millions of pounds to the Conservative party’s coffers over recent years.

The House must also steel itself for the inevitable last-minute tabling of a slew of Government new clauses and amendments. The Justice Secretary has a very bad habit of doing that. Such proposals get a cursory amount of scrutiny at best, but they are designed to get the good media hit he so craves and to raise a cheer from his beleaguered Back Benchers. We are very alert to the possibility of new things being added to the Bill at later stages.

Short though today’s Second Reading debate will be, given the paucity of Government speakers, it would be helpful if the Justice Secretary could provide a number of reassurances. Will he reassure us that the Government have no intention of watering down the duty on businesses, particularly small firms, to take out employers’ liability insurance, and that there are no plans to make individual employees take out their own insurance as an alternative to employers’ liability insurance?

[Chris Grayling]

Given that the right hon. Gentleman is opposed to every aspect of what we are proposing, I am baffled that the serried ranks of Labour Bank Benchers do not plan to vote against the Bill.

[Sadiq Khan]

I appreciate that the Justice Secretary is demoralised because he has not been moved from the Justice Department. When the Prime Minister asked Cabinet members to volunteer Bills and the Justice Secretary put up his hand and said, “Please, sir, I’ll put forward a Bill,” he thought he would have moved on by the time it came to Second Reading, so I am sorry that he has to deal with this pathetic and embarrassing Bill. Given that it is the Justice Secretary’s Bill, we expected dozens and dozens of his MPs to be present saying what a wonderful Bill it is, but they are not piling up behind him to say so.

The Justice Secretary has claimed that years of work—that is what he said—have gone into this pathetic and embarrassing Bill. It confuses important legal concepts and it is not properly thought through, so it could have negative knock-on effects as a result. It lacks an evidence base and seeks to legislate on the back of myths. It will not do what the Justice Secretary claims it will. It is UKIP-friendly, but it is more like something out of “The Thick of It”. It does not seem to do anything that the current law—section 1 of the Compensation Act 2006 —does not already do.

Members should not just take my word for it. Today’s briefing by the National Council for Voluntary Organisations, which was mentioned by the former Minister for Civil Society, who has now left the Chamber, says:

“NCVO does not expect this bill to significantly alter the current law, with similar provisions already made in the Compensation Act 2006.”

Therefore, the only people whom the Justice Secretary could pray in aid say that the Bill will not make a jot of difference. All three main aims of the Bill are covered by that existing legislation. In fact, the MOJ’s own impact assessment also notes that

“the courts are already very experienced in dealing with these cases”.

It is a sad indictment of this Government that this is the best they have to offer in the final year of this Parliament, when prisons are in crisis, probation is in meltdown and access to justice is under attack on a daily basis. If the Justice Secretary was told by the Prime Minister that he had to introduce a Bill in this Queen’s Speech, we would have thought that he might have chosen a better one. What about a victims’ law? He could have used this window to put the rights of victims and witnesses into primary legislation. Instead, we have the SARAH Bill—a turkey of a Bill, a vacuous Bill—which, without doubt, is the most embarrassing and pathetic Bill that the Minister of Justice has published since the Department was first formed.

HMCTS Framework Document

Lord Grayling Excerpts

Thursday 17th July 2014 Written Statements

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

On 28 March 2014 I announced plans for a programme of reform to deliver a more effective, efficient and high-performing courts and tribunals administration that will improve the services provided to the public at a significantly lower cost.

Following this announcement, the Lord Chief Justice, Senior President of Tribunals and I have agreed that the HMCTS board be reconstituted so that we can secure additional experience and expertise needed to provide robust oversight to the organisation during this ambitious period of change. In view of this, we have agreed some consequential amendments to the HMCTS framework document to allow for the addition of one extra non-executive director, and for the total number of executive directors to be increased for a specific period and specific purpose, on terms to be agreed by the Lord Chancellor and Lord Chief Justice after consultation with the chair of HMCTS.

The amended HMCTS framework document will be laid in both Houses of Parliament today and copies will be available in the Vote Office and in the Printed Paper Office.

“Transforming the Criminal Justice System”

Lord Grayling Excerpts

Tuesday 15th July 2014 Written Statements

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

I will today publish the “Transforming the Criminal Justice System—Strategy and Action Plan Implementation Update”. The plan sets out the progress we have made since publishing the first version of this plan on 28 June 2013.

Since publishing last year’s plan, I have met a large number of victims of crime, and worked closely with the Victims’ Commissioner, who I appointed to give victims a voice at the heart of Government. This has brought me fresh insight into how our criminal justice agencies serve some of the most vulnerable members of the public. We will do more to make sure that their interests are put first.

In this year’s plan, I have identified three key priorities to continue the transformation that we began last year. I have put improving the experience of victims and witnesses at the heart of this plan. I want to digitise the criminal justice system so that we can streamline processes and I want cases to be dealt with at the appropriate level and in a timely manner. These changes are particularly important in the magistrates’ and Crown courts where better ways of working will make the system more efficient and effective.

In addition, we will improve the way the criminal justice system deals with specific crimes that require an enhanced response, specifically: sexual violence, domestic violence and abuse, hate crime, modern slavery and cyber-crime.

The Criminal Justice Board, comprising senior leaders from across the criminal justice system, will oversee the implementation of this plan. We will develop and sustain a high-performing, efficient and effective criminal justice system that benefits victims and witnesses.

Copies of the paper will be available in the Vote Office and in the Printed Paper Office. The document will also be available online at:

https://www.gov.uk/government/publications/transforming-the-criminal-justice-system-strategy-and-action-plan

Boundary Commission for England (Appointment)

Lord Grayling Excerpts

Tuesday 15th July 2014 Written Statements

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

I should like to inform the House that I have made the following appointment under schedule 1 to the Parliamentary Constituencies Act 1986:

The Honourable Mr Justice Sales has been re-appointed as Deputy Chair of the Boundary Commission for England, effective until 31 May 2019.

New Electronic Monitoring Contracts

Lord Grayling Excerpts

Tuesday 15th July 2014 Written Statements

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

I can today announce that the Ministry of Justice will be awarding contracts to four companies for delivery of the next generation of electronic monitoring services. This follows a rigorous competitive process and is a critical milestone in the programme to introduce the new arrangements.

Contracts will be awarded to Airbus Defence and Space, Capita, Steatite, and Telefonica, who will work together to introduce the most advanced tracking technology in the world.

Capita will manage the overall service under a six-year contract, with Airbus providing satellite mapping and Telefonica supplying the network under three-year contracts.

The new tags will be supplied by the British company Steatite, and will be a significant improvement on the tags currently in use, exploiting the latest technology to locate and track subjects. Monitoring the movements of dangerous and repeat offenders will be vital in cutting crime and creating a safer society with fewer victims.

We are confident that the new contracts will facilitate the creation of a vibrant market in electronic monitoring, encouraging innovation and allowing us to take full advantage of new and emerging technology.

As well as improvements in technology, the new contracts offer better value for the taxpayer. Once fully established in the second and third years of operations, we expect the new contracts to deliver average annual savings of £20 million relative to the previous contracts with G4S and Serco. The contracts will also provide us with far greater oversight over costs and charging than previously, with direct access to suppliers’ systems and extensive audit rights.

We will begin using the new tags by the end of the year.