New Plan for Immigration

Chris Philp Excerpts

Wednesday 24th March 2021 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

We have today published the “New Plan for Immigration”—the Government’s landmark programme to deliver the first comprehensive overhaul of the asylum system in decades.

These reforms are explained in more detail in our policy statement, which we have published today. To inform the proposals set out and ensure we can deliver effective change across the system, we have also launched a public consultation and run a wide-reaching engagement process. We will use this opportunity to listen to a wide range of views from stakeholders and sectors as well as members of the public.

The policy statement and consultation are available at:

https://www.gov.uk/government/consultations/new-plan-for-immigration

[HCWS881]

Oral Answers to Questions

Chris Philp Excerpts

Monday 22nd March 2021 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

What steps her Department is taking to deport foreign national offenders.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

Removing people who should not be here is vital in order to maintain the integrity of our immigration system. In particular, removing dangerous foreign national offenders is crucial to protecting our fellow citizens. In the year to June 2020, there were 5,208 enforced removals. However, that was significantly lower than in previous years, which is why we are going to be bringing forward proposals very shortly to reform the system to make sure we can better enforce our immigration rules.

[Mr Holden [V]]

I thank the Minister for his answer. My North West Durham constituents want genuine refugees to be supported, but they also want to see foreign criminals and bogus asylum seekers deported. Members of the local Labour party are spreading scare stories about the plans for the Hassockfield site, so will the Minister confirm that it will be a secure facility—essentially a category C prison—with around 80 females detained for as short a time as possible, and that recruitment for 200 local jobs will start as soon as possible? Finally, will he ignore the calls of the hard-left Labour activists who want to have open borders and would allow foreign criminals to stay in the UK, and ensure that those people who have no right to be here are deported as quickly as possible?

[Chris Philp]

My hon. Friend is right: when people have valid asylum claims, we should of course look after them, but when they do not, we should ensure that they leave. The Hassockfield centre is indeed designed for 80 female detainees and will be a secure facility. As my hon. Friend says, it will create local jobs, and only people with no right to stay in the country will be there. I join my hon. Friend in condemning the local Labour party in his neighbourhood, which appears to be against proper border controls.

[Bob Blackman [V]]

My hon. Friend the Minister will well know of the frustration when violent criminals who are foreign nationals leave prison and are due to be deported, only for their lawyers to frustrate the process with last-minute appeals. Will he bring forward proposals to prevent such action and make sure that those dangerous criminals who are a threat to this country are deported at the end of their criminal convictions?

[Chris Philp]

My hon. Friend is right: dangerous criminals, including murderers and rapists, should be deported once their sentence is over. I am afraid he is also right that we face legal challenges, often very late in the day and despite the fact that there have been many previous opportunities to make such claims, the vast majority of which—well over 80%—subsequently turn out to be totally without merit. It is for that reason that the Home Secretary and I will bring forward proposals in the very near future to address exactly that issue.

[Conor McGinn (St Helens North) (Lab)]

We learned this month that under this Government the number of foreign criminals living freely in the UK has exceeded 10,000 for the first time ever, while last year the number deported fell to its lowest level on record. However bad those numbers are, at least they exist, unlike—astonishingly, as I found out today—any figures on the rearrest of previously charged and potentially dangerous terrorist suspects. Does that not show how, for all their tough talk, this Government’s record is weak and their competence lacking? It is a totally unacceptable state of affairs when it comes to the safety and security of the British people.

[Chris Philp]

Given the shadow Minister’s new-found concern about deporting foreign national offenders, we will find out whether his actions in the Division Lobbies match his rhetoric when we come to vote on legislation in the relatively near future. Why was it that when we brought forward a charter flight in December to deport dangerous foreign national offenders, Labour MP after Labour MP stood up to oppose that? That is completely wrong.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

What steps her Department is taking to protect people from fraud during the covid-19 outbreak.

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[Ian Lavery (Wansbeck) (Lab)]

What steps she is taking to resolve her Department's industrial dispute with Border Force staff at Heathrow Airport.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The strike at Heathrow is over temporary arrangements that are designed to keep staff safe during coronavirus. There has been a large number of discussions between Border Force and the union, but I am frankly astonished that the trade union is striking over measures designed to protect the health and safety of its own members.

[Ian Lavery [V]]

I am not surprised that the Minister is astonished, but as we all remember, Border Force staff have been on the frontline during the pandemic, and have played a pivotal role in keeping the country covid-secure. The imposition of a new roster at Heathrow airport is creating chaos. It is making staff feel less safe, as there are unavoidable covid-19 breaches; and as the Minister mentioned, there has been a 96% positive ballot result. The staff are set to walk out next week, at a time when the airport’s own workers are striking over the shameful fire and rehire abuses. Will the Home Secretary intervene to pause these counterproductive changes and allow proper negotiations to take place with the PCS union before Heathrow airport grinds to a halt over the Easter holidays?

[Chris Philp]

These measures have been introduced on a temporary basis, for just a few months, to protect the health of the Border Force workers, and it is frankly astonishing that the union has decided to go on strike. These measures will cease to apply in July and over 90% of the affected Border Force staff now have rosters that they agree with, so I call on the PCS union to withdraw any proposal to indulge in this completely unnecessary, counterproductive strike against—absurdly—measures that are designed to protect its own members.

[Bob Seely (Isle of Wight) (Con)]

What progress her Department has made on implementing the immigration route for Hong Kong British Nationals (Overseas) passport holders to settle in the UK.

Counter-Terrorism and Sentencing Bill

Chris Philp Excerpts

Consideration of Lords amendments
Monday 22nd March 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to consider the following:

Lords amendments 2 to 17.

Lords amendment 18, Government motion to disagree, and Government amendments (a) to (e) in lieu.

Lords amendments 19 to 77.

[Chris Philp]

We had a very constructive debate on the Bill when it passed through the House last year, and I am delighted to speak to it again this evening.

Lords amendment 18, in the name of Lord Anderson of Ipswich, proposes a new upper time limit of four years for the duration of a terrorism prevention and investigation measure. The Bill as originally drafted sought to remove the current two-year limit and instead enable a TPIM to be renewed annually for as long as necessary. Having carefully considered the amendment tabled by Lord Anderson and consulted with him, the Government, in disagreeing with the amendment, have tabled amendments (a) to (e) in lieu, which set a five-year limit instead of a four-year limit.

I am given to understand that the noble Lord Anderson is content with that, and we believe that it represents a reasonable compromise between a desire to set a reasonable limit on the maximum duration of TPIMs and protecting our fellow citizens. We heard evidence from Assistant Chief Constable Tim Jacques during the passage of the Bill that occasions have arisen when there has been a cliff edge and people have posed a risk to the public after the expiry of a TPIM. The Government believe that a five-year hard time limit is, ultimately, a reasonable compromise.

Of course, TPIMs are reviewable on an ongoing basis. They are reviewed and renewed, and if somebody ceases to be a threat, the TPIM will be discontinued. Under the Terrorism Prevention and Investigation Measures Act 2011, there is not only an ability to have regular review hearings under section 9 but a right to appeal to the courts under section 16 for people wishing to challenge a decision for their TPIM notice to be extended. Given Lord Anderson’s agreement that five years rather than four is reasonable, I hope that the House will consent to our proposed amendments (a) to (e) in lieu.

Lords amendment 17 was a concession made in the Lords, and the Government will therefore support it. It elevates the burden of proof required before imposing a TPIM from reasonable suspicion, as originally proposed in the Bill, up to reasonable belief, which is a slightly higher standard of proof. Again, I hope the House will agree that this represents a reasonable compromise between this House and the upper House. The Government believe that with that slightly higher standard of proof, we can still keep our fellow citizens safe, and we feel that Lords amendment 17 strikes the right balance. We will therefore be supporting it, and it is backed up by Lords amendment 19, which creates an ongoing annual review by the independent reviewer of terrorism legislation of the use of TPIMs, commencing for the first time next year.

I do not want to detain the House long with the other amendments, because there are a total of 77 and I do not wish to go through all of them one by one. [Hon. Members: “Go on!”] I can hear that there is enthusiasm for that, but I am going to disappoint the audience by not going through each one individually. I will just say that a number of them relate to the devolved Administrations. In particular, we have removed the polygraph clauses from Scotland and Northern Ireland, because the legislative power already exists there, should those Administrations wish to use it. We have also made some technical changes concerned with single terming in Scottish law, and some technical amendments that are consequent on the passage of the Police, Crime, Sentencing and Courts Bill.

In summary and conclusion—always a popular phrase—I think we have now arrived at a good set of measures, which will protect the public while also respecting and protecting fundamental rights. I therefore commend these amendments to the House.

[Conor McGinn (St Helens North) (Lab)]

It is a pleasure to follow the Minister, and I will not detain the House long or speak to each of the 77 amendments. However, there are some issues that I want to raise. I will start by thanking the Minister; I know we had a robust exchange today across the Dispatch Box, and I am sure we will have many more, but his conduct in speaking to and informing me over the course of not just this weekend, but the passage of the Bill, has been exemplary. I want to acknowledge that.

Clearly, we also want to thank those across counter-terrorism, policing and the security services and all their partners who selflessly put themselves in harm’s way to advance the effort to keep people safe. Following the horrific events of Fishmongers’ Hall, Streatham, Reading, and the Manchester Arena attack and others like it, I think that everyone across this Chamber acknowledged that there was a clear need for a change, both in legislation and approach. These Lords amendments, and particularly those that the Government have accepted, speak to the heart of that, and it is why we welcomed and supported this Bill in principle all along. It has returned to us from the other place in better shape, and I am pleased to see that some of the proposals that we made in Committee have influenced it.

However, even as amended, it is arguable whether any of what the Government have brought forward in the Bill would have had a significant role in preventing any of those attacks. I do not think there are many new tools here, if any, that the Government did not already have at their disposal. Since the passage of the Bill began, we learned that the perpetrator of the Fishmongers’ Hall attack was deemed a high-risk, category A prisoner before his release, and that there was intelligence suggesting he might be planning an attack. We know that the perpetrator of the Reading attack had been released from prison only two weeks previously, following a 17-month sentence for affray and assault, raising concerns about the influence and consequences of radicalisation in prisons, and that the ongoing inquiry into the Manchester Arena attack has already identified some serious questions about how terrorist suspects are monitored, as well as aspects of security around major events. We know that the number of offenders on licence for terrorism-related convictions recalled to prisons is steadily rising for 2020; up to just June of that year, it had doubled from what it was a decade before. That is why it was surprising for me to find out that the Government do not have any idea how many terrorist suspects are rearrested following their release after previously being arrested or charged.

On the specifics of the amendments, particularly Lords amendment 17, Lords amendment 18 and amendments (a) to (e) in lieu, the Government initially rejected our call for a review of so-called lone wolf terrorists last summer. We have since learned that they have, in fact, conducted one, but they are not willing to share the results or make clear the impact or actions that have come out of it. I have asked for a briefing on it and have not heard back. I do not think that is in keeping with my experience of my relationship with the Minister and his colleagues, and I hope that we can find a way to resolve that. [Interruption.] The Minister says from a sedentary position that it is a different Minister. He is right, but it is the same Department, and I trust that now and again they cross each other’s paths and liaise on matters relating to the Home Department.

We note the announcement in last week’s integrated review that the Government intend to set up a new counter-terrorism operations centre, but there is nothing in this Bill about that, and we have little detail about how it fits into current structures, where it will be based, who it will be accountable to and what it will do. Of course we then have the ongoing review of Prevent. Things move quickly in the sphere of counter-terrorism, and it is important that the police, the security services, their operational colleagues, this House and, above all, the British public have confidence that the Government are adapting to emerging threats and, indeed, pre-empting them. Tough talk is fine, but we need to see it matched with tough action.

In Committee, we tabled amendments that would, for example, have led to additional judicial oversight and an even higher burden of proof, and compelled the publication of an exit strategy for TPIMs. I think I argued rightly that it is not in the interests of anyone to allow individuals to remain on TPIMs indefinitely, not least in terms of bringing them to justice.

On the issue of the burden of proof, we want TPIMs to be robust but flexible. That is why we struggle to see the logic in lowering the standard of proof, whether from a procedural, administrative or operational perspective, because no prior TPIM request had been rejected at that threshold, proving that it was no impediment. That is why we tabled an amendment that would have raised the standard of proof, like the Government are proposing now some nine months later, to try to find a middle way on “reasonable and probable grounds”. The provisions before us now effectively retain that higher standard, and of course we welcome that.

We acknowledge the work of colleagues in the other place on Lords amendment 18 and the amendments in lieu in the Minister’s name. We welcome the fact that the Government have responded to our concerns and those raised by hon. Members across this House and, indeed, those in the other place, accepting the general principle of Lord Anderson’s amendment but making the limit of a TPIM notice five years rather than four. We accept that; it is a good concession. As I said before, however, we will endeavour to monitor its workings and impact as we move forward.

Again, we acknowledge the Government’s response to issues raised about the use of the polygraph. That is welcome too, and I appreciate the Minister’s engagement on that with the official Opposition and colleagues from other parts of the UK.

Finally, we welcome Lords amendment 19. We believe that the framework around TPIMs will undoubtedly be improved and enhanced by the input of the independent reviewer of terrorism legislation.

We will always be uncompromising in tackling terrorism and, in that spirit, willing to compromise and work constructively with the Government. That has been our approach throughout the Bill’s passage, and it is good to see that, in large part, the Government have listened to our concerns. However, I raise those questions, particularly because, as the Minister will be aware, this is a fast-changing environment and we need to be responsive. Getting that right is of the gravest importance for us all. Alongside scrutinising and, as appropriate and without apology, criticising the Government, I will always commit to working together where we can in this endeavour.

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[Mr Deputy Speaker (Mr Nigel Evans)]

I am afraid we have not been able to establish the link with Jim Shannon, so we will go straight to the Minister.

[Chris Philp]

I think I can say with some confidence that we will hear from the hon. Member for Strangford (Jim Shannon) on another occasion, which I look forward to very much.

May I take this opportunity to put on record my thanks, and I think the thanks of the whole House, to the security services and the police, who do so much to keep us safe in what are often very difficult and dangerous circumstances? I also thank the shadow Minister, the Front Bench spokesmen for the Scottish National party and the other parties, and the Chair of the Justice Committee for the very constructive way in which they have engaged in the passage of the Bill. I will respond briefly to one or two points that were raised.

The shadow Minister was looking for briefing on, I think, lone actors. The Minister for Security, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire) would be the Minister to give that briefing. Obviously, he has had some health problems recently, but I hope that, through his private office, we can get that arranged as soon as he is back to his regular duties.

One or two questions were asked by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) about the five-year time period. I would emphasise that there are very few TPIMs in use. At the time we took evidence last year there were only six in use. Moreover, the subject has a right of appeal, as I said, under section 16 of the TPIM Act, so there are protections in place.

The hon. Gentleman also posed a question about evidence on the need for five years, rather than four years. As the shadow Minister will recall, we took evidence from assistant Chief Constable Tim Jacques, who said that there is a risk if the TPIM is terminated too early and somebody slips out. It takes time then to re-gather evidence to reimpose a new TPIM. He mentioned two examples: one where it took 12 months and another where it took 16 months. We are very keen to avoid that sort of situation, so I think there is good evidence.

Let me conclude by saying that the Bill is a very important measure. It constitutes decisive action to keep our fellow citizens safe from the scourge of terrorism. We saw in Streatham, at Fishmongers’ Hall and elsewhere how much of a threat former terrorist prisoners can pose on release. The Bill is designed to protect the public from those risks. I commend it to the House.

Lords amendment 1 agreed to.

Lords amendments 2 to 17 agreed to.

Lords amendment 18 disagreed to.

Government amendments (a) to (e) made in lieu of Lords amendment 18.

Lords amendments 19 to 77 agreed to.

[Mr Deputy Speaker (Mr Nigel Evans)]

We will now suspend for three minutes.

Police, Crime, Sentencing and Courts Bill

Chris Philp Excerpts

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The shadow Home Secretary should well know and should honestly tell the House that the maximum sentence for rape is life.

[Nick Thomas-Symonds]

I asked the Home Secretary earlier in the statement to tell me how many people convicted of rape were actually sentenced to life imprisonment, and she could not answer the question. The answer is hardly any. Ninety-nine per cent. of reported rapes do not even get close to a court, and then we hear the Minister trying to come to the Dispatch Box to boast about the rape statistics—absolutely appalling.

Draft Judicial Pensions (Fee-paid Judges) (Amendment) Regulations 2021

Chris Philp Excerpts

Wednesday 24th February 2021 General Committees

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I beg to move,

That the Committee has considered the draft Judicial Pensions (Fee-paid Judges) (Amendment) Regulations 2021.

It is, as always, a great pleasure to serve under your chairmanship, Mr Pritchard.

This is very straightforward and fairly technical statutory instrument to amend the Judicial Pensions (Fee-Paid Judges) Regulations 2017, which established the fee-paid judicial pension scheme. The draft instrument has three purposes: mainly, it adds a few fee-paid judicial officers to the regulations—fee-paid judges who had previously been omitted from the screen and are now being added—it makes some consequential amendments and it makes some other relatively technical amendments to the regulations.

The main purpose is to add some further eligible judicial officers to the regulations. Part 2 adds, for example, the office of the “Legal Chair Competition Appeal Tribunal” to the schedule to the regulations. In essence, some office holders who were omitted previously are now added, so that is good news for the relatively small number of judges concerned. Previously, when the judges in question retired, they were made an interim payment in lieu of their pension. Now they are being added to the scheme formally, they can be paid their pension properly via the scheme.

As I mentioned, there are also consequential amendments to tidy up some other loose ends. For example, the statutory instrument will ensure that eligible service before 1 April, when the SI comes into force, will count towards pensionable service. It would be unfair to exclude such service otherwise. It will also make sure that the new members may complete certain actions in the scheme, such as purchasing additional benefits from their date of admission to the scheme.

There are also technical amendments to the scheme which, for example, tidy up some of the service limitation dates, to ensure that the full range of service may be included in the scope of the scheme. Therefore, all people’s relevant service will be considered when setting their pension eligibility. Those are important changes.

Finally, consultation was conducted fairly extensively in 2016. Further consultation happened in 2018 and there was even more consultation last year between June and October. These technical changes have been consulted on extensively, to ensure that every member of the judiciary who should be getting a judicial pension gets it. I commend the draft regulations to the House.

--- Later in debate ---

[Chris Philp]

I thank the shadow Minister for his constructive and helpful comments, and I am happy to write to him with the information that he requests.

Question put and agreed to.

Draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

Chris Philp Excerpts

Tuesday 23rd February 2021 General Committees

[The Chair]

Before we begin, I have to remind Members about social distancing. Spaces are clearly available, and you are all sitting beautifully where you should be. Mr Speaker has also requested that Members wear masks in Committee—I note that some are not doing so—and Hansard colleagues would be very grateful if any speaking notes could be sent to [email protected]. I call the Minister to move the motion.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I beg to move,

That the Committee has considered the draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021.

It is a great pleasure to serve under your chairmanship for the first time, Ms Nokes. I hope it is not the last time.

The order was laid before Parliament in January and is required to align the juxtaposed controls regime at the seaports of northern France with the regime currently in operation at Coquelles for the channel tunnel shuttle service, and at the Eurostar rail terminals in France, Belgium and the Netherlands. The order simply extends provisions that are already in force at the Eurostar terminals to the Channel seaports. The order replicates the existing legislative approach and enables all the UK immigration legislation to be applied in the UK control zones at the ports of Calais and Dunkirk.

The security and integrity of our borders are very important and depend on our ability to enforce immigration controls. As Members will know, the UK has several international agreements with France, allowing UK Border Force to operate at the borders. They are reciprocal arrangements, with French officers also completing entry checks at certain ports in the UK. Currently, Border Force conducts juxtaposed immigration controls at the ports of Calais and Dunkirk, with the French Police aux Frontières, or PAF, undertaking reciprocal Schengen entry checks at the UK port of Dover. The juxtaposed controls in Calais and Dunkirk are provided for by the 2003 international treaty of Le Touquet, and they were put into effect in the UK by the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, which I shall refer to as the 2003 order. That was made under section 141 of the Nationality, Immigration and Asylum Act 2002.

The 2003 order granted officers of the Immigration Service, as it was then known, with particular immigration powers enabling them to carry out immigration controls within certain geographical locations, known as control zones. At the time, only the powers specified in the order were necessary for the efficient conduct of immigration controls. However, the way Border Force operates has changed in the intervening years, which is why we now want to extend the powers currently used at the Eurostar terminals, to include the seaports.

The order essentially expands the powers of immigration officers to include the use of reasonable force as set out in section 146 of the Immigration and Asylum Act 1999, making the powers exercisable in the seaports exactly the same as the powers that are already exercisable at the Eurostar juxtaposed controls. In doing that, the order empowers appropriately trained Border Force officers at the seaports to use reasonable force under English law when carrying out any power conferred on them by the immigration Act. It enables properly trained Border Force staff to intervene in order to prevent harm where an individual’s behaviour endangers themselves, the public or Border Force staff, and it enables such officers to enforce compliance with immigration processes, including fingerprinting. Border Force officers will of course take all reasonable steps, as they do already where they have such powers, to avoid using force and to encourage the individual to comply with immigration processes. Reasonable force would only ever be a last resort where an individual has repeatedly refused to co-operate.

This measure builds on the steps the Government have already taken to reform the immigration system, strengthen border controls and reduce illegal migration. It will strengthen Border Force’s ability to manage those who seek to frustrate our immigration processes or circumvent UK immigration controls, and it will ensure that Border Force officers are properly empowered to intervene to prevent harm.

On that note, I commend the order to the Committee.

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[Chris Philp]

I am not sure that I have anything greatly to add, other than to say that, in relation to the issue of the impact assessment, we are, of course, simply replicating existing powers, which is why an impact assessment was not undertaken.

I concur with the shadow Minister about the importance of strong international relations. We work very closely with the French; I am meeting the Interior Minister chef de cabinet next Monday to discuss matters such as those covered by the order. I fully concur with the shadow Minister’s emphasis on the importance of good international relations.

Question put and agreed to.

Oral Answers to Questions

Chris Philp Excerpts

Monday 8th February 2021 Commons Chamber

[Ian Byrne (Liverpool, West Derby) (Lab)]

What support her Department has provided to people with no recourse to public funds since the start of the covid-19 lockdown announced in January 2021.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The Government remain committed to supporting everyone through this pandemic. Many of the wide-ranging covid-19 measures the Government have put in place are available to migrants with NRPF, including the coronavirus job retention scheme, statutory sick pay and discretionary hardship payments for those who have to self-isolate. In addition, migrants with leave under family and human rights routes can also apply to have the NRPF condition lifted, something that is successful now in 85% of cases, in just 17 days.

[Ian Byrne [V]]

After hearing evidence at the Housing, Communities and Local Government Committee on homelessness, I know that the unwillingness of the Home Office to suspend no recourse to public funds and a lack of clarity over support have had devastating consequences during this pandemic for many. Despite being over a month into this lockdown, policy is still opaque around section 4 eligibility for individuals with no recourse to public funds. Will the Minister provide an update on this as a matter of urgency?

[Chris Philp]

There is absolute clarity about the benefits. I have mentioned things like the coronavirus job retention scheme already, and I have mentioned how people on family and human rights routes can get the NRPF condition lifted, but I did not mention the over £8 billion available via local authorities for NRPF-eligible migrants to apply for. In addition, the hon. Member asked about section 4: people on section 4 support do get accommodation provided by the Home Office. We currently now have, I think, about 61,000 people in accommodation. That is up from about 48,000 before the pandemic, precisely because we are looking after the people most in need.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

What plans her Department has to continue refugee resettlement after the conclusion of the vulnerable persons resettlement scheme.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The United Kingdom is a world leader in resettlement. My hon. Friend will know that, in the last five years, we have resettled nearly 30,000 people—more than any other country in Europe. My hon. Friend will be pleased to know that we will be completing the 20,000 people under the VPRS in the coming weeks, and after that we will be continuing to offer further resettlement places beyond that, as far as we are able to, given the current coronavirus circumstances. Beyond that, we will be making announcements—my right hon. Friend the Home Secretary will be making announcements—in the relatively near future about how we plan to continue resettlement beyond that.

[David Simmonds [V]]

My hon. Friend has rightly championed the record of this country and this Government in providing support to the most vulnerable people here and abroad, and it is clearly vital that safe and legal routes to refuge in the UK are available to disrupt smuggling and people trafficking. Is my hon. Friend confident that using the very successful current scheme as a template, the new UK resettlement scheme will have the necessary level of support and funding to resettle refugees effectively and in line with our aspirations?

[Chris Philp]

I can absolutely give that assurance. Of course, our resettlement work will have the financial support it requires. We intend to build upon, but also learn the lessons from, the previous resettlement scheme. There are going to be significant ways in which we can improve it. Not only was our resettlement scheme over the last five years the largest resettlement scheme of any country in Europe, but there is more we are doing. Our refugee family reunion provisions see 6,000 people a year or more come into this country, and just a short while ago our BNO—British national overseas—route opened up, allowing people being persecuted by the Chinese Communist party to seek refuge here as well.

[Kate Hollern (Blackburn) (Lab)]

What steps the Government are taking to tackle covid-19 anti-vaccination extremism posted online.

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[Damian Collins (Folkestone and Hythe) (Con)]

What steps her Department is taking to reform the asylum system.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The asylum system is in need of fundamental reform, and the Home Secretary and I will be introducing legislation in the relatively near future to do exactly that. Too many people come into the UK having first passed through a safe country—for example, France—without having claimed asylum there. We are determined that we are going to have an asylum system that will protect those people in genuine need of protection while preventing the abuse that we sadly too often see.

[Mark Logan [V]]

I completely agree with the Minister: our asylum system needs to change ASAP. My constituents are vocal about how long it is taking to process their applications, often leaving them in limbo for months on end. For example, Shahid suffers from severe depression and has been waiting 16 months while he cares for his disabled wife. He cannot get carer’s allowance while his application is pending. Likewise, Aswad was told that their application would take a maximum of six months to process, but it has now been 13 months. May I ask the Minister to meet me to discuss how we can bring some closure to my constituents?

[Chris Philp]

I would certainly be happy to meet my hon. Friend to discuss the particular case that he raises, and I will follow up to arrange that. I agree that we need to do more to speed up the system. Coronavirus has had a significant impact on asylum decision making, as it has on so many other areas of our public life. In the short term, we are hiring considerably more decision makers, we are introducing better IT and we are spending £20 million next year on system transformation, but beyond that, we need to legislate to make the system work more fairly and more efficiently, for the reasons that my hon. Friend has laid out.

[Damian Collins [V]]

Can my hon. Friend confirm that Napier barracks in Folkestone is only a temporary facility to accommodate people in the asylum system, that it is unsuitable for individuals to be placed there for prolonged periods, and that, post-covid and with a reformed asylum system that is swifter in processing applications, we should avoid using facilities such as this in the future?

[Chris Philp]

I can confirm that Napier was set up in response to the enormous pressures placed on our asylum system by the coronavirus pandemic. We have set it up in such a way as to be safe, and it is of course accommodation that was previously used by the brave men and women of our armed services. We ensure that it is clean and secure and that there is health provision on site. It is not intended for use in perpetuity. I know that my hon. Friend spoke to the Home Secretary over the weekend, and we would be very willing to maintain a close and active dialogue with him and the local council to ensure that it is managed as well as it possibly can be.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]]

The repurposing of disused Army barracks to house asylum seekers is proving a disaster and a disgrace. What is worse, the leaked impact assessment shows that this dreadful policy was justified by wild notions that proper support and accommodation could undermine public confidence in the asylum system. In short, the Home Office was pandering to gutter politics. Will the Home Office apologise for suggesting that people in the UK oppose decent support and care for asylum seekers, and close these barracks urgently?

[Chris Philp]

No apology is due. As I just said, the barrack accommodation units in question were previously used by the brave men and women of our armed services. They were good enough for the armed services and they are certainly more than good enough for people who have arrived in this country seeking asylum. We fully comply with all the relevant guidelines.

On the hon. Gentleman’s question about this country’s stance on asylum seekers, we now spend getting on for £1 billion a year on accommodating them. That record bears comparison with any country in Europe and, indeed, around the world. No apology is due and certainly none will be made.

[Stuart C. McDonald]

The sad fact is that the policy undermines the UK’s reputation as a welcoming place. Almost as bad as the impact assessment are the Home Office claims that people who criticise the use of barracks are insulting our armed forces: it is the Home Office that insults our soldiers by using them as cover for such disgraceful policies.

The former senior military legal adviser Lieutenant Colonel Mercer has agreed that it is “wholly inappropriate” to house asylum seekers in disused Army barracks, saying that

“this treatment is nothing more than naked hostility to very vulnerable people.”

If the Minister will not listen to me, will he listen to Lieutenant Colonel Mercer and a host of respected medical organisations and close the barracks quickly?

[Chris Philp]

The closure of the barracks would be made a lot easier if more councils in Scotland—other than only Glasgow—would accept dispersed accommodation. That is the sort of thing that puts pressure on our accommodation estate. Thanks to the generosity of our approach, the number of people we are accommodating has gone up from 48,000 to 61,000 during the pandemic, because we have taken a thoughtful and protective approach. That is the right thing to do and we stand by it.

[Holly Lynch (Halifax) (Lab) [V]]

On Napier barracks, the equality impact assessment makes it clear that the use of disused barracks as asylum accommodation is absolutely a political choice. The Government have consistently refused to confirm the numbers of those who contracted the coronavirus while staying at Napier barracks, but I understand that, out of around 400 people, 105 who did not have the virus were moved out, leaving us to draw our own conclusions about just how massive an outbreak took place there. Does the Minister not agree with me and others that the use of barracks as asylum accommodation has been both a moral and public health disaster and that people must be moved into dispersed accommodation as a matter of urgency?

[Chris Philp]

I do not agree with that. As I have said already, we have closely consulted Public Health England throughout this episode. The use of accommodation of this kind is appropriate and suitable. We need to have regard to a range of factors, including value for money. We have had to use a large number of hotels to accommodate people during the coronavirus pandemic and they do not represent particularly good value for money. Barrack-type accommodation is not only suitable but a great deal cheaper than hotels. We all owe the general taxpayer a duty to ensure value for money and the Government make no apology for that.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

What assessment she has made of the effectiveness of covid-19 health measures at the UK border.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The Government are taking a huge range of measures to prevent these dangerous and illegal crossings. Most notably, the Home Secretary reached an agreement with her French counterpart in late November to increase the number of gendarmes deployed on the French beaches and to take a variety of other steps aimed at preventing embarkations from the French shores. To anyone considering this trip, I say that it is dangerous, they are putting their lives at risk, it is illegal, but, most of all, it is unnecessary because France is a safe country where it is perfectly possible to claim asylum.

[Caroline Ansell [V]]

Last month, the Eastbourne Royal National Lifeboat Institution rescued more than 30 migrants who had got into difficulty in the channel. I commend its sterling work. Its mission is simply to save lives at sea. I have every concern for those it rescued, but, as my hon. Friend has just outlined, there are serious concerns that this is pump-priming human traffickers, and the fact remains that people are putting themselves at risk. Can he outline to the House the work that is being undertaken with the French and with our European neighbours to intercept and close down human traffickers long before they reach the channel coast?

[Chris Philp]

My hon. Friend makes an excellent point. Let me start by paying tribute to the RNLI for the work that it does at sea keeping people safe in what are often very treacherous and difficult circumstances. She is right to outline the work that we need to do to disrupt and prevent these dangerous criminal gangs before they even launch the boats in the first place. The National Crime Agency and many other law enforcement agencies across Europe and beyond are working together to disrupt these criminal gangs. We regularly prosecute people for facilitating these small boat crossings. Last year, we successfully prosecuted 50 or 60 people. There have been several more prosecutions just in the last week, in addition to the law enforcement work we are now doing with the French, doubling the gendarme patrols, for example, which, just in the last few days, has resulted in literally hundreds of people being intercepted before they even set off. So these measures are now working, but we are certainly not going to give up: we will continue working with our French colleagues until these dangerous, illegal and unnecessary crossings are completely stopped.

[Mrs Elphicke [V]]

Will my hon. Friend join me in thanking Kent police and the police and crime commissioner, Matthew Scott, for their important work on this issue of migration and border policing? Can he assure me that, across my whole constituency, in Dover and Deal and at nearby Napier barracks, Kent police are having extra funding for carrying out this vital work?

[Chris Philp]

I pay tribute to my hon. Friend for the work that she has done in consistently standing up for her constituents on this issue, and to Matthew Scott, who does such a fantastic job as Kent’s police and crime commissioner. No doubt he will be triumphantly re-elected shortly. On the question of resources, Kent has had an extra 162 police officers recruited so far and I believe that there are many more to come. Assuming the precept is used, it will have an extra £19.5 million in the next financial year as well. In addition to that, if there are particular issues caused by small boats or, indeed, by the barracks at Napier, it is able to apply to the Home Office for exceptional funding and, if it feels that that is merited, I would certainly encourage it to do that.

[Sarah Atherton (Wrexham) (Con)]

What steps her Department is taking to help prevent unauthorised encampments.

Deportation of Foreign National Offenders

Chris Philp Excerpts

Tuesday 2nd February 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I join my hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke) in extending our sincere condolences to the family of Captain Tom Moore, who has been a beacon of hope in these dark times. His passing is very sadly mourned, and we will never forget what he stood for during this difficult period in our national history.

I congratulate my hon. Friend on securing this debate and raising this issue. As he said, he wanted expressly to reference a particular constituency case that he has in mind, but he was prevented from doing so by the sub judice rules of the House. However, he has discussed that case in detail with me in private, and I am well seized of the implications of the case and the powerful points that my hon. Friend makes about it.

My hon. Friend has raised the serious issue of the removal of foreign national offenders back to their country of origin—a topic that the Government take extremely seriously. One of a Government’s first duties is to protect their citizens, and ensuring that people who are not UK nationals and who commit a serious offence are deported is a vital part of keeping our country safe.

[Matt Western (Warwick and Leamington) (Lab)]

I congratulate the hon. Member for Middlesbrough South and East Cleveland (Mr Clarke) on securing this debate. Unfortunately I was not able to intervene earlier, but I am interested in the root-and-branch reform that was referred to. When talking about the deportation of foreign nationals, would that include a two-year-old or a four-year-old who has grown up in this country but may have been born elsewhere? Would they be considered a foreign national?

[Chris Philp]

The hon. Gentleman will be familiar with the provisions in the UK Borders Act 2007, and section 32 sets out that a foreign national, regardless of when they came to the country, is liable for deportation if they commit a criminal offence and are sentenced to more than 12 months in prison. That is the law as written—a law passed by the last Labour Government, and which this Government are now implementing. There are, of course, some exceptions to the duty under the 2007 Act—an Act passed by the last Labour Government—which include when deportation would breach the foreign national’s rights under the European convention, or where they have been granted asylum. The right to a family life under article 8 is qualified and balanced, so where someone has been sentenced to at least four years’ imprisonment, the article 8 claim will only succeed where there are very compelling circumstances. The short answer to the hon. Gentleman’s question is yes, deportation will apply regardless of how long the person has been here under the Act that the Labour Government passed 13 years ago.

[Matt Western]

I thank the Minister for being so precise—

--- Later in debate ---

[Matt Western]

I think many would echo the points made by the hon. Member for Middlesbrough South and East Cleveland about the need for a root-and-branch reform. Does the Minister agree that that element of the 2007 Act should be reconsidered?

[Chris Philp]

I do not want to pre-empt any reviews that may take place, but this Government are committed to ensuring that dangerous foreign national offenders who put our constituents’ lives and safety at risk are deported as required by the 2007 Act. I am aware of a case—I will not go into the details, for obvious reasons—involving a person who was subject to deportation proceedings about a year ago but was removed under a last-minute legal challenge from those proceedings. A few months later, that person was arrested and charged with murder—a murder that would not have happened had deportation gone ahead.

We should not underestimate the importance to public safety of ensuring that dangerous foreign national offenders are deported, nor should we underestimate the impact on victims. I have heard about the victim in the case that my hon. Friend the Member for Middlesbrough South and East Cleveland wanted to raise this evening, and the impact on them is absolutely horrendous. I come across cases on an almost weekly basis of distressed victims who have suffered appalling crimes, including rape, whose perpetrators are fighting deportation. That causes the victims to be retraumatised because they feel, rightly, that the perpetrators, where they are not UK nationals, should be removed.

This Government stand with the victims in this debate. This Government stand with the citizens who rightly want to be protected, and we make no apology for doing so. That is why, since 2009, we have returned more than 6,400 foreign criminals. I should say that, of those, approximately two thirds—4,400—were European economic area nationals, and about one third—2,000—were from outside Europe. That rebuts any claim that this policy is applied in a way that is in any way racist, since two thirds of those being deported are of European nationality. Even this year, when things have been very difficult with the pandemic, we have continued deporting dangerous foreign national offenders on scheduled flights and on more than 30 charter flights. The work continues, and I expect that as coronavirus passes, it will be stepped up once again.

My hon. Friend the Member for Middlesbrough South and East Cleveland posed a series of questions towards the end of his excellent speech, for which I strongly commend him. He asked what the Government would do to try to avoid challenges where dangerous foreign national offenders seek to invoke human rights and other things to avoid deportation. We do plan to take action in this area and to legislate to make the legal process clearer. One problem we face is that foreign national offenders can raise repeated challenges, often strung out over many years. Many of these challenges are vexatious or totally without merit, yet they can make these challenges again and again to frustrate their deportation. So the legal system is not working as cleanly and effectively as it should, and we do plan to legislate in the very near future to fix that issue.

My hon. Friend asked whether we would tighten various definitions in statute and, where we can do that, we certainly intend to. This differs a little depending on the matter concerned. Some things are relatively straightforward to clarify in domestic legislation. Others areas are more complicated. For example, he mentioned article 3 rights in particular. He is right to point out that those rights have been expanded by case law over time. But as matters currently stand, domestic courts in the UK are bound to follow European Court of Human Rights case law on things such as article 3.

The whole area of the interaction of the human rights decisions made in Strasbourg with domestic law is, of course, governed by the Human Rights Act 1998. Just in the last few weeks, the Ministry of Justice, under the supervision of my right hon. and learned Friend the Lord Chancellor, has announced an independent review of that Act, which will look at the interaction of the domestic courts and the European Court of Human Rights, the impact of the Act on the relationship between the judiciary, the Executive and the legislature, and other related matters.

I believe that a combination of domestic legislation on the process, the systems and some definitions will make it harder for foreign national offenders to unreasonably prevent their deportation, and that review of the operation of the Human Rights Act may provide some additional pointers. I should say that the members of that panel are extremely distinguished. They include a former very senior judge, a former president of the Law Society, two QCs and two professors. It is a very distinguished panel and I am sure Members of the House will be very interested to hear what they say when they report in a few months’ time, over the summer.

In conclusion, let me make it clear to my hon. Friend once again, and of course to the hon. Member for Strangford (Jim Shannon), that this Government’s commitment to deport dangerous foreign national offenders, as required by the 2007 Act, which was passed by the last Labour Government, is unwavering. We are determined to protect our fellow citizens from harm and that includes doing everything we lawfully can to remove foreign national offenders.

Question put and agreed to.

Extradition Act 2003

Chris Philp Excerpts

Thursday 21st January 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

As my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said, I am here deputising for the Minister for Security, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who is awaiting treatment. I am sure the whole House will want to send him their warmest wishes for a speedy recovery to his duties at the Home Office, his duties in the House and his duties at this Dispatch Box, where he would unquestionably do a far better job than me. I wish him a rapid recovery and a rapid return.

I congratulate my right hon. Friend on securing this debate on extradition. It is a topic he has consistently raised in this House over a period of time. It has been part of his long-standing record as a champion of civil liberties in a whole range of areas. It is a great privilege to be here this evening responding to his speech.

I would start by saying that extradition arrangements are a vital part of the Government’s toolkit in combating crime. It clearly serves the interests of justice to be able to bring back to the United Kingdom people who have committed offences here, where we want to prosecute them, and similarly, where people in the UK have committed offences elsewhere, it is reasonable for them to face justice in the countries that legitimately want them. So I think the principles of reciprocal extradition treaties are an important part of our justice system.

In recent years, in relation to our extradition arrangements with the US, we have successfully managed to bring back into the UK under that agreement people who have committed very serious offences to stand trial here for those offences, including rape, murder, manslaughter and many child sexual offences. Clearly, it serves the interests of justice and public safety that those people are subject to prosecution.

It is worth mentioning that the Extradition Act 2003, the subject of this evening’s debate, is organised geographically in two parts. Part 1 provides arrangements for European Union countries and part 2 applies to all other countries where we have formal arrangements through the European convention on extradition, the Commonwealth scheme or a bilateral treaty. Requests from any other country where we do not have formal extradition relations are dealt with on a case-by-case basis, and as my right hon. Friend has said, where the UK considers a request by another country to extradite one of our citizens, the standard looked at is reasonable suspicion. That is the threshold applied in deciding whether or not an extradition request is reasonable.

On numbers, it is worth just pausing on this for a moment. On the part 1 extradition figures for the last financial year, 2019-20, EU countries requested 1,168 individuals who were physically present in the UK, of whom 689 were subsequently sent to one of those EU countries. Similarly, we wanted to get hold of 269 individuals who were somewhere in the EU, of whom 231 were brought into the UK.

The reason I mention those figures is by way of comparison with the US figures that my right hon. Friend mentioned. First, the numbers in relation to EU countries in both directions are far higher; the numbers I mentioned, which were for just a one-year period, were far higher—by a multiple—than the US figures. There is also the ratio: in relation to EU countries, far more people—about three times more people—were taken from the UK into European countries than the other way around. That ratio is very similar to the ratio in relation to the US. So the ratio is broadly similar, whether it is the US or the EU. Therefore, I would not take that disparity in itself to indicate that there is a fundamental problem, unless we are going to argue there is a similar problem in relation to the EU, which I do not think anyone has so far suggested.

I would like to try to address some of the most fundamental points my right hon. Friend made. Essentially, his central allegation was that there is an imbalance—an asymmetry—in the arrangements, whereby it is easier and it is faster for the United States to extradite UK citizens, or people in the UK, than vice versa. I would like to take each of the points in turn that might be cited in support of the suggestion that there is an imbalance.

One of the first points that often comes up is the evidential threshold: what standard or what threshold do we have to reach in order for an extradition request to be granted? In the United Kingdom, as we have discussed already, broadly speaking, the test is of reasonable suspicion. For a request in the other direction, where the UK is requesting the extradition of somebody in the US, then the standard is what essentially amounts to probable cause. The question is whether those standards are equivalent—is reasonable suspicion equivalent or not to probable cause? That question was considered in 2011 by Sir Scott Baker, a senior retired judge, who concluded that both tests are based on reasonableness, both have to be supported by equivalent documentation and both represent the standard of proof applied by police officers in both jurisdictions, and that in substance the threshold represented by those two tests is broadly the same.

The House of Lords looked at the matter in 2014. The Select Committee on Extradition Law took evidence and concluded that, although the tests are in some elements different,

“whether this difference has any practical effect is debatable.”

The Committee went on to say that the

“experience to date demonstrates that”

the argument that

“they are ‘functionally’ the same is persuasive.”

So, both Sir Scott Baker and the House of Lords Select Committee gave the opinion that in essence the thresholds applied in the two jurisdictions are, broadly speaking, equivalent.

The second area in which one might seek a divergence between the arrangements is on discretion, on which my right hon. Friend touched. He pointed out, quite correctly, that the US Secretary of State has a discretion to refuse an extradition request, whereas the Secretary of State here is under an obligation to grant one after the matter has been considered, if requested, by a court. We have seen a number of cases—including recent cases, one of which Madam Deputy Speaker referred to—in which the courts in the United Kingdom have refused an extradition request, so protection is provided by the courts. Moreover, there is a right of appeal, so if in the first instance the court grants an extradition request, there can be an appeal—in fact, there are probably two levels of appeal above the court of first instance. There is, then, substantial judicial intervention to protect the rights of UK citizens in the way that I have just described.

It is instructive to think about the numbers—how often our courts protect people in the UK who are subject to extradition versus how often the US Secretary of State exercises their unfettered discretion. The answer is starkly in favour of the United Kingdom: I am told that since the treaty was entered into, on 21 separate occasions, a few of which my right hon. Friend referred to—I am not sure if those 21 include the recent Assange case—the UK court has said that extradition may not occur. The courts have stopped extradition 21 times. Conversely, there has been only one occasion on which the US Secretary of State has exercised their discretion and declined one of our requests, and that is in respect of the Anne Sacoolas case, which we should not debate too much. That is the only occasion on which that discretion has been exercised. That gives us some sense that the matter is perhaps not as one-sided as is occasionally suggested.

There is a third argument, which my right hon. Friend advanced with his characteristic eloquence, passion and attention to detail: the question of whether crimes might be committed in the UK that have only a very tangential connection to the US but the US authorities can then reach into the UK and pluck out suspects who really have very little, if anything, to do with the United States. That is the substance of the suggestion.

My right hon. Friend referred to a 2012 Select Committee report that drew attention to such problems. It was partly in response to that Select Committee report, and in response to some of the cases in the first decade of this century to which he referred, that the 2003 Act was amended in October 2013, 10 years after it first came into force, and a new section 83A was introduced that gave the United Kingdom courts the ability to refuse extradition either when a substantial measure of the requested person’s relevant activity was performed in the UK—that is, their offences were mostly UK offences—or when extradition would be contrary to the interests of justice. At the time, the US embassy was not terribly happy about those changes.  I think that amendment—new section 83A, introduced in 2013—goes a long way to making sure that people whose offences are only very loosely connected to the US, and the substance of which were allegedly committed in the UK, are afforded quite a good measure of protection from extradition to the United States. That was a very important change that I think goes quite a long way towards protecting UK citizens.

The courts have used that power, and they have also used human rights law, as my right hon. Friend has said, in cases such as those of Gary McKinnon and Lauri Love. The courts have used it more recently as well, as Madam Deputy Speaker said, where the prospective defendant has successfully argued before our courts that their human rights would be infringed in some way if the extradition proceeded, and our courts here in the United Kingdom have afforded that protection. I think that is a very significant point in our debate.

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

How does the Minister respond to the point made by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) that an innocent person finding themselves on trial in the United States—our closest ally, as we all agree—would nevertheless be put under intolerable pressure to plead guilty, because if he gambles on proving his innocence and fails, he faces an enormous sentence, whereas if he confesses to a crime that he did not commit, he can get off with a few months in jail?

[Chris Philp]

The argument that my right hon. Friend advances is essentially that the US justice system is inherently not fit for purpose. Of course, the rules that he describes apply as much to US citizens as they do to anyone else. Although the practice of plea bargaining in the United States is not one that we have in this jurisdiction, I do not think I would agree with the general proposition that the US justice system is inherently unjust, and that it is so bad that we cannot allow anyone to be taken there from this jurisdiction because the system is so terrible that justice will not be done. I do not accept that characterisation.

Of course there are points of difference, as has been pointed out, but I do not think those points of difference are such that we should simply turn around and say, “We will have nothing to do with the United States at all.” That is not a conclusion that I share or concur with, and therefore I do not think it is a basis on which we would want to discontinue all extradition relations.

[Mr David Davis]

I had not intended to interfere with the Minister’s course, but since this point has been raised, I will say that the most fundamental thing under-pinning all extradition arrangements—whether they are with America, Europe or whatever—is a presumption that the justice systems are reasonably equivalent. This is where the weakness comes in.

Take the case of Christopher Tappin, who was extradited. He was somewhere in his 60s—65, maybe—and he was threatened with a 30-year sentence if he did not confess to a crime that he did not believe he had committed. That is an intolerable difference, and it is not just criticised here. As the Minister quite rightly says, it is the subject of massive criticism in the United States, but they are stuck with it until they change it. It seems to me that when we think about the treaties, not just for America but for other areas, we should consider trying to guarantee equivalence of justice in delivery, as well as in principle.

[Chris Philp]

I thank my right hon. Friend for his intervention. The test is not that the justice systems are identical; it is that they are just. I do not think I would accept the argument that the American system is fundamentally unjust. However, if there are particular circumstances of a case—perhaps the case he mentions would have met that test, had he advanced that defence —where a grave injustice is threatened, then the UK courts, on human rights grounds, which include the right to a fair trial, can be invoked and a UK judge, or an English judge, can be invited to prevent extradition. It was on grounds, as I understand it, very similar to those that the recent case involved the judge making precisely that finding, so if a miscarriage of justice is threatened, an application can be made to an English judge to prevent the extradition using arguments not unlike those my right hon. Friend has just advanced.

I fear we are approaching the witching hour and I should therefore draw my remarks to a conclusion. The Government will, of course, keep this area under careful and vigilant review, prompted as ever by my right hon. Friend, to whom I am extremely grateful for raising this important matter this evening.

Question put and agreed to.

Serious Criminal Cases Backlog

Chris Philp Excerpts

Wednesday 20th January 2021 Commons Chamber

[Mr David Lammy (Tottenham) (Lab) (Urgent Question)]

To ask the Secretary of State for Justice if he will make a statement on the backlog of serious criminal cases in the justice system.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The covid pandemic is truly unprecedented. It has affected every corner of our lives—from hospital operations delayed, to schools closed, to businesses struggling and even to how Parliament itself operates, we have seen covid’s effects. The court system is no different: bringing people safely into buildings for trials—especially jury trials—and hearings is a difficult thing to do. That is why so much has been done to keep delivering justice in these difficult times.

We have invested £142 million in upgrading court buildings and technology, alongside £110 million to increase capacity, making an investment of over a quarter of a billion pounds in court recovery this year. We are hiring 1,600 extra staff. We have opened 19 new Nightingale courts, with 35 new courtrooms. As of today, we have over 290 covid-safe jury trial courtrooms—substantially more than before the pandemic. We have installed plexiglass screens in 450 courts to protect users. We have installed cloud video platform technology in 150 magistrates courts and 70 Crown courts, allowing 20,000 remote hearings per week.

In the first lockdown, and as these measures have been put into place, backlogs have, understandably, developed. That has been the case across the world. But the fruits of our labours are now being seen. We have been faster than almost every jurisdiction to recover and we believe that we were the first country in the world to restart jury trials, back in May. Since August, the magistrates court backlog has been relentlessly reducing, month on month. Crown court jury trials are obviously much harder, for reasons of social distancing, but even there, in the last four weeks before Christmas, Crown court disposals exceeded receipts for the first time since covid began. At this very moment, as we stand here, about 230 jury trials are taking place. The joint inspectors’ report said earlier this week:

“It is a real testament to the criminal justice system that in spite of the pandemic…service was maintained.”

I pay tribute to the judges, magistrates, jurors, witnesses, victims, lawyers, court staff, Crown Prosecution Service staff and Ministry of Justice officials who have made that monumental effort to deliver justice in spite of covid.

We will not rest. We are adding more courtrooms, further increasing remote hearings, and examining options for longer operating hours. We are also taking action to mitigate the impact on victims and witnesses, this year providing an extra £32 million of funding and next year an extra £25 million of funding, including for rape and domestic violence victims.

This year has been incredibly difficult in the courts, as in so many places, but through a monumental, collective effort the system is recovering. The recovery will gather strength and pace with every day that passes, and I know that everyone in the House will support that work.

[Mr Speaker]

I call David Lammy, who has two minutes.

[Mr Lammy]

We all know the numbers. The backlog of criminal cases in the Crown court has grown to more than 54,000. Including the magistrates courts, it has reached more than 457,000 cases. Serious criminal cases are being delayed by up to four years. Convictions are at by far their lowest this decade. Estimates show that the current scale of increase in the backlog would take 10 years to clear at pre-pandemic rates.

Numbers do not tell the whole story. Behind criminal cases, there are victims: victims of rape, robbery, domestic abuse, and violent assault. Each of those victims is being denied the speedy justice that our society owes them. It has been repeated many times, but it is true: justice delayed is justice denied. This is not just the case because of the pain that delays cause victims and the wrongly accused—it is because delays to justice can affect the verdict.

On Tuesday, four criminal justice watchdogs for England and Wales warned of “grave concerns” about the impact of court backlogs. Victims and witnesses may avoid the justice system entirely because of the delays. Witnesses may be unable to recall events properly many years after the event. As a responsible Opposition, we accept that the pandemic has caused unprecedented challenges for the justice system. However, we do not accept the Government’s presentation of the backlog as a crisis that has resulted only from coronavirus. Before the pandemic, the Crown court backlog stood at 39,000 cases.

That figure was the result of sustained attacks on the justice system by successive Conservative Governments: an entire decade of court closures, cuts and reduced sitting days. Blackfriars Crown court was sold off by the Government in December 2019. It is now sitting empty, but it is being rented out as a film set by the developer for a new series of “Top Boy”. The Minister said “recovery”, but meanwhile the Government are paying through the nose for Nightingale courts a stone’s throw away.

Six hundred court staff, judges, lawyers and jurors have tested positive for covid-19 in the past seven weeks. A pilot scheme of lateral flow tests has now been authorised at only two courts in London and Manchester. A pilot scheme is not good enough, and neither is the plexiglass. Why have lateral flow tests not been implemented across the court system? The Minister knows that that is a serious problem and that we are a long way from recovery. Can he tell the House why the pitiful 19 Nightingale courts that he has managed to deliver fall so short of the 200 that Her Majesty’s Courts and Tribunals Service said were needed? Can he tell the House why lateral flow tests are not being trialled across the whole country? After 11 years of incompetence and cuts, will he admit that his Government failed to fix the roof while the sun was shining?

[Chris Philp]

The shadow Justice Secretary referred to the number of cases outstanding in the magistrates courts: 460,000. What he neglected to mention to the House was that, after the first lockdown, that peaked at 525,000 and has come down since then by 65,000 as the case load reduces relentlessly, month on month, and as our system recovers.

The right hon. Member mentioned waiting times. Of course we do not want to see very long waiting times, but I can tell him that the clear majority of remand cases that had their first hearing in November will have their trial by July of this year, and the clear majority of bail cases will have their trial heard by December of this year. He mentioned the report, which I have read carefully. Its authors, who do not inspect Her Majesty’s Courts and Tribunals Service, did not engage with HMCTS prior to finalising it, which was regrettable.

The right hon. Member mentioned witnesses and victims, who are at the heart of everything that we do. Vulnerable witnesses, where it is appropriate, can give evidence under section 28 recorded well in advance of the trial, in order to avoid issues with forgetting particular evidence. I strongly encourage the CPS, defence, judges and other court users to use that section 28 facility.

The right hon. Member mentioned the number of cases outstanding in the Crown court. He claimed that before the pandemic the system was in bad shape. He mentioned the 39,000 Crown court cases outstanding in March of last year before the pandemic. What he forgot to mention was that when Labour left office in 2010 it was not 39,000; it was 47,000—considerably higher.

The right hon. Member talked about cuts. I anticipated that he might, so I looked up the HMCTS budget, which in 2011 was £1.65 billion. It has gone up by £200 million to £1.85 billion. He asked about the number of courtrooms and court centres. As I said, we now have 290 operational covid-safe Crown court jury trial rooms—significantly more than we had before covid. As I said in my first answer, in the magistrates court the outstanding case load has been declining relentlessly month on month, every month since August, and in the Crown court disposals exceeded receipts, so the lines crossed, for the first time in the full week before Christmas.

The right hon. Member asked about covid safety. Of course, Public Health England and Public Health Wales have signed off our courts as covid-safe. The number of HMCTS staff testing positive is in line with what we would expect in the general population; it is no higher, and no lower. Lateral flow testing is available at local authority lateral flow testing sites. We are exploring whether we can roll it out more fully.

Finally, the right hon. Member asked about the record of this Government on criminal justice. The most authoritative source of data is, of course, the crime survey. It is the only Office for National Statistics approved set of crime statistics. Crime in the last 10 years under this Government has fallen from 9.5 million offences down to about 5.6 million—a 41% reduction—according to the crime survey. Those numbers speak louder than words. Our record is a good one.

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

The Minister is right to pay tribute to the work that is being done by all those in the system under very difficult circumstances. It is right, too, to recognise the investment that has been made to deal with this, but I am sure that he will also accept that for the backlog to be reduced to acceptable levels, disposals in the Crown court in particular will have to exceed receipts for a sustained period of time.

The Minister will also know that there are a number of serious organised crime cases with multiple defendants coming into the system, which will put in additional strains. Does he therefore agree that to make the system sustainable going forward we will need sustained and continued investment at higher levels than we have seen before for a number of years to come? Will he recognise that that is the case that all of us who care about the system, regardless of party, need to make to the Treasury and elsewhere?

[Chris Philp]

I thank my hon. Friend, the Chair of the Justice Committee, for his question. He is of course right: we need to have sustained levels of disposals exceeding receipts. We got there just before Christmas for the first time during the pandemic following a heroic effort, but he is right that it needs to be sustained. We are making it clear that the resources needed to achieve that will be made available. In the current year, Crown court sitting days will not be any constraint on getting cases listed. Subject, obviously, to the usual discussions with the judiciary, we anticipate a very significant increase in Crown court sitting days in the next financial year to achieve the objective that he rightly and properly calls for.

[Mr Speaker]

I call Joanna Cherry, who has one minute.

[Joanna Cherry (Edinburgh South West) (SNP) [V]]

Criminal justice is devolved in Scotland, and here the focus has been on ensuring that jury trials continue in the most serious cases where accused persons are in custody and where the nature of the alleged offence demands that priority be given, which includes sexual offences. The report we are talking about today deals with England and Wales only. It has found numerous examples of serious cases being cancelled at short notice, and it has warned that delays could result in crime victims being unable to support prosecutions.

What new steps is the Minister taking to ensure that, as already happens in Scotland, the United Kingdom Government are complying with their duty under article 3 of the European convention on human rights to ensure that there are effective remedies for the victims of sexual offences and, in particular, that we avoid—or that he avoids—undue delay in getting cases of sexual offences to trial? I know what has been done in Scotland. I am keen to know what the Minister is going to do in England and Wales, given the finding of this report.

[Chris Philp]

We are as keen as the hon. and learned Member is and everyone is to make sure that these very sensitive cases involving rape or similar offences get heard quickly, but of course it is a matter for the judiciary to decide when they are listed and sometimes there are reasons to do with case management why a case may get adjourned while things are dealt with. But we have, for example, now rolled out the section 28 evidence provisions that I mentioned, so sensitive evidence can be given by recorded video, which can be taken well in advance of a trial—designed to help exactly what she is describing—and we have made large amounts of money available, with the extra £25 million next year and £32 million this year, to support and help witnesses and victims.

I was slightly concerned to read a remark by the Lord President in Scotland saying that during lockdown criminal cases in Scotland would be down by 75%. I am sure the hon. and learned Member shares my concern about that, and anything we can do to exchange ideas in our mutual interests I am sure we will be very happy to do.

[Miss Sarah Dines (Derbyshire Dales) (Con) [V]]

Around the world, the United Kingdom rightly has a reputation of having a first-class criminal justice system. The present large backlog in criminal trials due to the pandemic is of immense concern to me in terms of the rights of victims, witnesses and defendants and the need for a timely trial. Can my hon. Friend assure me that sufficient resources are going to be forthcoming to resolve the present backlog within a proper timeframe?

[Chris Philp]

My hon. Friend is right to raise this question. As I said in my opening remarks, the pandemic—the global pandemic—has had a huge impact on public services not just in this country but across the world, and the court system is not immune from that. That is why we have seen the additional cases that we have discussed this afternoon.

My hon. Friend asked about resources. The Government are categorically committed to putting in the resources necessary to facilitate the recovery of the courts. I mentioned earlier that this year alone we have invested an extra £143 million in court buildings and technology to make our courts covid-safe and an extra £110 million in increasing our courts capacity. That is an investment of an extra quarter of a billion pounds this year alone to make sure that the court recovery not just gets started, but continues in the current vein. So I can give my hon. Friend the assurance that she is quite rightly asking for.

[Wera Hobhouse (Bath) (LD) [V]]

There is more and more evidence that domestic abuse has increased dramatically during lockdown. The Bar Council has led calls for non-means-tested legal aid to be made available for all cases of domestic abuse. Will the Minister provide this as a matter of urgency, and commit to provide this as a matter of urgency, please?

[Chris Philp]

Domestic violence most certainly is a very serious and very important matter. That is why, when the pandemic started, the senior judiciary sent directions to magistrates courts laying out which cases should be dealt with as a matter of priority. One of the items in the top priority—the priority 1 list of cases—was domestic violence protection orders, because the judiciary and the system recognise their importance. In relation to legal aid, it is kept under review of course, but we are always making sure that domestic violence victims receive not just protection, but quick protection. That is vitally important.

[Rob Butler (Aylesbury) (Con) [V]]

All criminal cases begin in the magistrates courts and all magistrates are volunteers, so will my hon. Friend join me in thanking and congratulating magistrates on everything they are doing to clear the backlog in their courts? Will he assure me and all users of our magistrates courts that he will do whatever it takes to keep them safe and ensure that justice continues to be done in our local communities?

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[Chris Philp]

I know my hon. Friend has a long and distinguished history serving on the bench as a magistrate, so I would like to publicly recognise that and I join him in extending my warm and enthusiastic thanks to magistrates up and down the country, who have been keeping justice going in incredibly difficult circumstances—and not just keeping justice going, but clearing down the backlog, which has been reducing since August, as I said earlier. One of my parliamentary team sits as a magistrate in Croydon Crown court—one of the many thousands of magistrates—and I thank all of them for what they have done to deliver justice in these most trying of times.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab) [V]]

Rape and sexual violence prosecutions are at their lowest ever level in England and Wales, and domestic abuse prosecutions are down 19%, and that is at a time, during lockdown, when domestic abuse is widely reported to have increased, so what steps are the Government taking to speed up justice for vulnerable people who are victims of these abhorrent crimes?

[Chris Philp]

I agree with the hon. Gentleman. There is an issue with, for example, the charging and prosecution of rape cases in particular, which predates the pandemic. There is a problem and it needs to be addressed. Some steps have been taken already—for example, changes to the rules around disclosure, which had been a problem in rape cases, and the provision of significant extra money even before the pandemic to support independent sexual violence advisers and rape crisis centres and to support the victims of these awful crimes, but more needs to be done. The Ministry of Justice and the Home Office are conducting a rape review, which is being led by the Minister for Crime and Policing. That is due to report very shortly and will contain further actions in this very important area.

[Gareth Johnson (Dartford) (Con) [V]]

I worked in the Courts Service for 20 years, and there have been case delays under all colours of Government, so the right hon. Member for Tottenham (Mr Lammy) has a very selective memory on this issue. It is not surprising that this pandemic has caused delays in court cases right around the world, but will my hon. Friend the Minister ensure that delays to domestic violence cases are prioritised? As he knows, often pressure grows on victims as a case progresses and too often their resolve diminishes and they feel unable to continue supporting the case.

[Chris Philp]

My hon. Friend makes an extremely good point. We are very concerned about these cases and that is why we are spending a great deal of extra money—as I say, next year, an additional £32 million—to help protect victims and witnesses of awful cases such as those of domestic violence and rape. As I have mentioned, the judiciary have already prioritised domestic violence protection orders in the magistrates courts and, although listing is a judicial function, I know that judges are prioritising very serious cases of rape and domestic violence to make sure those cases get heard quickly, for the reason that he has mentioned. In addition, we rolled out section 28, the video evidence provisions, in, I think, November last year—just a couple of months ago—to make sure vulnerable witnesses can give evidence by video quickly, well in advance of the substantive hearing, to make sure some of the issues to do with victim attrition that he mentioned are addressed quickly and as far as they possibly can be.

[Helen Hayes (Dulwich and West Norwood) (Lab) [V]]

In 2016 the Government announced the closure of 127 courts and tribunals centres. Responding to a debate I secured at the time the Justice Minister’s predecessor, the hon. Member for North West Cambridgeshire (Mr Vara), acknowledged the importance of prompt investment in digital courts, saying:

“Otherwise, there will be an extraordinarily chaotic justice system, which is the last thing any of us want.”—[Official Report, 1 March 2016; Vol. 606, c. 258WH.]

Does the Minister accept that, notwithstanding coronavirus, the Government’s court closures, combined with a digital investment programme which only started after the closures, was scaled back and is running significantly behind schedule, represents a catastrophic failure to sustain access to justice?

[Chris Philp]

I do not accept the hon. Lady’s criticism. Travel times to courts before and after the programme that she mentions were very little different. As I said, due to the actions that we have taken during this pandemic, there are significantly more covid-safe Crown court jury trial rooms today than there were before the pandemic.

In relation to online justice, the cloud video platform was developed prior to coronavirus. Its roll-out has been expedited. In the weeks running up to Christmas we saw 20,000 remote hearings per week across all jurisdictions, and in fact last week was a record week. There are 150 magistrates courts and 70 Crown courts now connected. The use of remote video and audio hearing technology has been extremely widespread. It is very impressive, and it is doing its job extremely well in these difficult circumstances.

[Imran Ahmad Khan (Wakefield) (Con) [V]]

I congratulate my hon. Friend on all the hard work that his Department has done during this incredibly difficult time, particularly with regard to the implementation of video hearings. Twenty thousand hearings have now been undertaken through the cloud video platform every month. Will he outline whether the use of remote technology will be expanded to help reduce court backlogs?

[Chris Philp]

I thank my hon. Friend, who of course has a distinguished background in this field himself, for his question. We do intend to continue rolling out the use of video and remote technology in the way that he describes. We see huge opportunities there. The Lord Chief Justice, in response to the most recent lockdown, urged trial judges and other judges to use remote hearing technology as widely as they possibly can, so this work is continuing. As I said in response to the last question, last week was a record week for remote hearings, and we expect the roll-out and the adoption of this technology to continue apace.

[Andy Slaughter (Hammersmith) (Lab) [V]]

The Minister points, as if it were an excuse, to previous backlogs of jury trials. The difference is that in 2010 and 2015, the previous peak, there were 600 to 700 trials happening a week and numbers were falling. Now he is boasting about 230 happening, despite his target back in November being 333. Does he accept that his proposals for clearing the Crown court backlog at the moment are not working and are inadequate?

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[Chris Philp]

I would point out that 230 is the number happening as we speak; in the weeks leading up to Christmas, the average was more like 275. In relation to the number of trials over the last few years, as I said in answer to the shadow Justice Secretary, the right hon. Member for Tottenham, crime, as measured by the British crime survey, has fallen by 41% since Labour left office, so it is not entirely surprising that the number of trials has reduced commensurately.

However, we are now increasing the number of sitting days and the number of jury trials. As I said, the last full week before Christmas saw the number of Crown court disposals exceed the number of receipts for the first time in the pandemic. As the Justice Committee Chairman rightly said in his question, we now need to sustain that over a period of time to ensure that the outstanding case load gets back down to where it was before, which I remind the hon. Member for Hammersmith (Andy Slaughter) was a great deal lower than when Labour left office.

[Ben Everitt (Milton Keynes North) (Con)]

I am grateful for the answers that my hon. Friend gave to the hon. Member for Slough (Mr Dhesi) and my hon. Friend the Member for Dartford (Gareth Johnson) in relation to support for victims of domestic violence and other vulnerable witnesses. It is a tremendously tough time for everyone involved in the judicial system and on its periphery. I am thinking particularly of MK Act, the domestic violence charity in my constituency, and all the wonderful homelessness charities that we have to support vulnerable people. Sadly, however, those people do end up in the courts system, so what support do we have during the pandemic specifically for vulnerable people going through the courts system?

[Chris Philp]

My hon. Friend raises an important point. Witnesses and victims, particularly in connection with offences such as domestic violence, sexual assault and rape, are very vulnerable and the experience is very traumatising. Often, going through a court process re-traumatises victims, who have often suffered terrible crimes. It is our duty as a justice system to support, protect and look after those victims as they go through the process.

We recognise that that needs investment, which is why we are spending an extra £25 million this year over and above previous plans, and an additional £32 million next year, specifically to support, protect and look after witnesses and victims. We are investing in things such as additional ISVAs, who can help support victims as they go through reliving awful crimes. I entirely concur with my hon. Friend’s sentiment, and we are doing everything possible, including putting in lots of extra money, to achieve the objectives that he points to.

[Kevin Brennan (Cardiff West) (Lab) [V]]

I listened very carefully to the response the Minister gave and this really is not a time for bragging. My very elderly constituent, whose case the Minister knows about through correspondence between us, has been waiting for four years to have a case of alleged fraud come to court. She and her family want justice to be done during her lifetime. That is what they are telling me. The system is clearly not working. It will not be fixed by bragging, but by investment, real reform and perhaps a little bit of ministerial humility.

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[Chris Philp]

In relation to investment, I have already said two or three times that in this current financial year, because of the massive challenge posed by coronavirus, we have invested an extra £143 million and the extra £110 million—an extra quarter of a billion pounds—in delivering court recovery. A quarter of a billion pounds is an enormous investment. It is designed to help with cases like those of the hon. Gentleman’s constituent, which we want to be heard quickly. Of course, every individual case has its own circumstances and sometimes there are procedural, evidential or other reasons why individual cases get listed some way into the future, but we do want all those cases to be heard as quickly as they can be. As I said, for remand cases where the defendant is in custody that had their first hearing—their first mention—in November 2020, the clear majority will have their trials heard by July this year. However, we do want to move faster. That is why, as the Chairman of the Select Committee said, we need to make sure that the happy circumstance of disposals exceeding receipts, which we achieved just before Christmas, is continued and sustained into the new year to help people like the hon. Gentleman’s constituents, who quite rightly and reasonably, want their cases heard.

[Danny Kruger (Devizes) (Con) [V]]

I pay tribute to the work done by the Ministry of Justice in getting the courts open again quickly last year and actually increasing throughput so that we now have more sitting hours and more Crown court trials than we had before covid. Does my hon. Friend agree that we have the opportunity for a real transformation in criminal justice, making more use of technology in trials and in disposals? Can he update the House on plans for more smart tagging, as proposed in a recent Centre for Social Justice report by my hon. Friend the Member for Aylesbury (Rob Butler)?

[Chris Philp]

My hon. Friend raises a very good point. As we face the future, the use of technology will be critical in making our justice system faster, more efficient and more accessible. I have already laid out how we have expedited the roll-out of a cloud video platform which facilitates remote hearings. We have been doing quite a lot of work with the police on video remand hearings, where a prisoner who has been arrested and is in a police custody suite has their remand hearing with the magistrates done by video link, rather than being taken to the magistrates court. Quite a lot of that has been going on. We are also just beginning to roll out the common platform, which is an IT system that integrates many parts of the criminal justice system, the Crown Prosecution Service, defence, prosecution and the courts themselves. That work is being trialled pending a full roll-out. My hon. Friend also mentioned a smart tagging, a point, as he said, raised by my hon. Friend the Member for Aylesbury. We have this year procured a large number of additional GPS tags, which we are now using. We are moving in that direction. The measures he referred to in the sentencing White Paper, which we published, I think, back in September, will, I can tell him, form part of legislation arising in the relatively near future.

[Maria Eagle (Garston and Halewood) (Lab) [V]]

Many court users and their representatives are asking for courts to be closed again because of increasing covid outbreaks. Her Majesty’s chief inspector of the Crown Prosecution Service told the Justice Committee yesterday of concerns that some courts are not safe. He said, “I particularly would not wish to be in a court at this time.” Is the Minister planning for courts to close again? What impact will any such change in policy have on the Crown court backlogs that we are concerned about today?

[Chris Philp]

We are not planning to close down the court system, and the Lord Chief Justice made that very clear when the current lockdown was announced. As I have said, we have invested a quarter of a billion pounds in making our courts system covid-safe so that it can keep operating. The hon. Lady cited some remarks by the CPS inspector at the Committee yesterday and I have to tell her, in all candour, that those comments are inaccurate and inappropriate. The proper authorities for determining the safety of our courts system are Public Health England and Public Health Wales, not the inspector of the CPS, and they, having looked at the measures we are taking, have found them to be appropriate and found that our courts are covid-safe. The proof of that pudding is in the eating. As I said earlier, the number of Her Majesty’s Courts and Tribunals Service staff who have tested positive for covid is in line with the number in the wider population; courts are not especially unsafe, because of the measures we have been taking and will continue to take. I hope that reassures witnesses, defendants, jurors, lawyers—anyone using the courts—that our courts are safe. Justice should, will and must continue to be delivered.

[Mr Philip Hollobone (Kettering) (Con)]

Northamptonshire police have made really good progress during the pandemic in targeting serious and hardened criminals and, in particular, in busting up local drugs gangs. Having arrested these people, the police need them prosecuted, so will the Minister tell me what the courts situation is in Northamptonshire and what progress is being made on reducing the backlog?

[Chris Philp]

I thank my hon. Friend for his question. As I have said, we are opening up as many covid-safe jury courtrooms as we can, to hear the cases such as the ones he is describing. I would be happy to speak to him about opportunities to find additional court space in his fine county, perhaps by looking for some new Nightingale courts that we can use. There are particular challenges associated with so-called “multi-handers”, where there are a large number of defendants, because getting them into a single dock in a covid-safe way is challenging, particularly when there are more than seven defendants. We are looking at that carefully to see what more can be done. We recognise it is an area of particular challenge, but where there are fewer than seven defendants we are able relatively easily to hear those cases and we are doing so.

[Rachel Hopkins (Luton South) (Lab) [V]]

I have listened carefully to the Minister talk about covid-safe courts, but covid is spreading at an alarming rate and a growing number of legal professionals and organisations, including the Criminal Bar Association and the London Criminal Courts Solicitors’ Association, are stating that courts are not safe. HMCTS’s desire to address the case backlog should not compromise the health, safety and welfare of workers and court users. So can the Minister confirm reports by the Public and Commercial Services Union that on a single day last week 19 crisis management team meetings were needed to assist areas with multiple covid incidents?

[Chris Philp]

The measures taken to make sure our courts are covid-safe have been assessed and signed off by Public Health England and Public Health Wales, which are the appropriate authorities. We are very concerned to make sure that courts remain covid-safe, which is why as many hearings as possible are being done remotely, following a direction from the Lord Chief Justice a short while ago. It is also why we have social distancing in courts, why they are cleaned very frequently, and why we have plexiglass screens installed in courtrooms and in jury retiring and deliberation rooms. If any court user, be they barrister, solicitor, witness or anyone else, is concerned about any particular circumstances that they observe, there is a reporting process—an escalation process. I strongly urge anyone who sees anything amiss to use that reporting service. On the situation generally, I point to the figures I mentioned before, which show that the number of HMCTS staff testing covid positive is in line with what we would expect in the general community. But we are not complacent about this and we are going to work hard to continue to make sure that courts are safe.

[Angela Richardson (Guildford) (Con) [V]]

Will my hon. Friend join me in thanking all the court staff, legal professionals and the judiciary, who have kept our justice system running throughout lockdown? Does he agree that the recruitment of an extra 1,600 court staff will help speed up our justice system’s recovery?

[Chris Philp]

Yes, I certainly will join my hon. Friend in thanking the judiciary, magistrates and everybody involved in delivering justice for their heroic, herculean efforts during this pandemic. In many countries around the world, justice has slowed or even stopped. Although we have many challenges, as we have discussed, we are doing a great deal better in this jurisdiction than many other countries around the world, thanks to the work of judges, magistrates, court staff, lawyers and everybody who makes the system operate. I extend my warm thanks to them. She is quite right that the 1,600 extra staff—getting on for a 10% increase—will make a big difference in delivering the court recovery we need and, importantly, in sustaining that into the months ahead.

[Stephanie Peacock (Barnsley East) (Lab) [V]]

Last September, I raised in the House the fact that the majority of Barnsley court cases have been moved to Sheffield courts. The measures the Minister claimed had been put in place have clearly not worked in reducing the backlog. I ask him again: what is his plan to make sure that everyone can access justice?

[Chris Philp]

We are putting more resources into the system, with more court rooms for jury trials, more magistrates courts sitting on Saturdays and no limitation this year on the number of Crown court sitting days. All those things are designed to make sure that we get through the work available and deliver swift justice. If there are any particular local issues affecting her and her constituents, I would be happy to correspond or meet to discuss them. The Government have an unshakeable commitment to making sure that justice is delivered right across the country.

[Jacob Young (Redcar) (Con)]

I thank the Minister for his statement. However, this problem will outlive the pandemic. We need criminals to face the sentences they deserve as soon as possible. I have constituents in Redcar and Cleveland who have been waiting more than two and a half years for their day in court, and we all have victims who are waiting for justice to be done. It is great that we have established a Nightingale court in Middlesbrough to help with this, but what is the long-term strategy to cope with these delays, and how long can we expect the Nightingale courts to continue?

[Chris Philp]

I think the Nightingale courts will continue for as long as we need them. My hon. Friend makes a good point: at some point in the relatively near future, we hope that the current restrictions will be eased or even lifted, but that will not be the end of the story as far as the courts are concerned, because we will need to continue working, probably significantly beyond the end of the current coronavirus circumstances, to make sure that the court system is in the shape that we want. This journey will continue; it will not end suddenly in the coming months. We will make sure that the courts and sitting days needed are available so that justice is delivered. He mentioned making sure that criminals get the right sentences. He will have read the sentencing White Paper last September. We will shortly legislate in this area, and that legislation will include longer sentences—more time spent in prison—for the most serious criminals, which I am sure he and his constituents will strongly welcome.

[Mrs Emma Lewell-Buck (South Shields) (Lab) [V]]

Can the Minister advise how many of the 400,000 lost police records are linked to these backlogged court cases? Will he take this opportunity to apologise to all victims who are being denied justice because of the Justice and Home Secretaries’ incompetence?

[Chris Philp]

My colleague the police Minister gave a full statement on the police records situation a day or two ago, and the Prime Minister answered questions on that topic from this very Dispatch Box just an hour or so ago, which I am sure the hon. Member listened to carefully. The Justice Secretary and Home Secretary and the Government will take no lessons from the Labour party on criminal justice when, according to the British crime survey, crime in the last 10 years under this Government has fallen 41% in comparison to our predecessor.

[John Howell (Henley) (Con) [V]]

The Minister is probably aware that the Lord Chief Justice recently set out in a very honest statement his view of the continuation of the rule of law by the sort of changes that he introduced. He also pointed to some of the difficulties. Will the Minister join me in congratulating and praising the Lord Chief Justice for all that he, specifically, has done in leading the judiciary forward in this difficult area?

[Chris Philp]

Yes. The Lord Chief Justice, Lord Burnett of Maldon, has provided exemplary leadership through these difficult days, keeping our justice system running in a way that many other countries have not. I join my hon. Friend in extending my thanks and congratulations to the Lord Chief Justice, the senior judiciary and, indeed, the country’s entire judiciary for the work that they have done in delivering justice in these last nine or 10 months, and for the work that we are going to do together in the months ahead.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab) [V]]

Behind every alleged offence lies a victim, often many. I cannot imagine how hard it must be for them waiting month after month for justice. What is the Minister doing to reassure all those victims, who could be waiting up to four years for a trial, that justice will be done? After this statement finishes, what concrete action will he take to do something differently to address this?

[Chris Philp]

The lead times that the hon. Member is describing are, thankfully, very rare exceptions. As I said, for the most serious cases, where the defendant is remanded in custody, a clear majority of those that had a first hearing in November will have their substantive trial by July this year. We are taking action, we have been taking action, and we will continue to take action to look after victims of the most serious offences— the most distressing ones, such as rape and domestic violence—by making sure that they are supported. I have mentioned the £32 million of additional money that will be spent next year on the victim service, ISVAs and all those things that support victims and witnesses. I have also mentioned the use of section 28 evidence, which means they can give their evidence by video at a very early stage, rather than having to wait a long time. All those things are concrete, tangible actions that will help in the area that she raises today.

[David Johnston (Wantage) (Con) [V]]

I thank my hon. Friend for his statement on recent progress in clearing the covid backlog. There will be victims out there who will look at these headlines and wonder whether they should pursue their cases, or perhaps recent victims of crime wondering whether they should come forward at all, given the delays that the papers have suggested. What is my hon. Friend’s message to victims of crime at this time?

[Chris Philp]

I say to victims: we are there to support you, to hear you and to seek justice for you. As my hon. Friend knows, we are hiring 20,000 extra police officers to keep victims safe. We are keeping the court system running in these difficult circumstances. We are getting back to a period in which magistrates courts are clearing the backlog and, I believe, the Crown court shortly will do so. So I say to victims: justice will be done. Your voice will be heard. Come forward. We are here for you. Do not hesitate—we want to hear your story. We will listen to it, we will act and we will make sure justice is done.

[Sarah Champion (Rotherham) (Lab) [V]]

Shockingly, only 1.4% of those reporting rape secure a conviction, and that figure was before the news of deleted police records and the covid court backlog. For the last 10 years, this Government have run down the police, the Crown Prosecution Service, courts, prisons and probation, so what confidence can the Minister give to victims and survivors of sexual violence that they will be able to secure justice?

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[Chris Philp]

The Crown Prosecution Service, even before coronavirus, had an extra £85 million a year put into it to enable it to hire 400 more prosecutors. We are hiring an extra 20,000 police officers—we are about a third of the way through that programme already—and the Ministry of Justice had a significant funding increase for the current financial year, announced before coronavirus, running into several hundred million pounds. Those extra resources are being brought to bear, but the hon. Member is right to say, I am afraid, that there is a problem with the charging and prosecution of rape cases, which predates coronavirus. It is a very serious problem. We are taking action through the recruitment of more ISVAs and changes to disclosure rules, but that is not enough on its own. More needs to be done, and the rape review being led by my colleague the Minister for Crime and Policing, which is due to report very shortly, will propose further actions to address the problem that the hon. Member raises. It is a problem. It is not yet fixed. We need to take more action, and we will.

[James Daly (Bury North) (Con) [V]]

As a former criminal defence solicitor, may I ask my hon. Friend to join me in praising all the practitioners who have contributed so much to access to justice during the pandemic? Many have asked me to ask the Minister what steps the Government have taken and are taking to enhance capacity in the criminal courts. Finally, does he not think it odd that the Scottish National party is asking questions about the English judicial system, despite its call for English questions on English laws?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It should really be just one question to the Minister.

[Chris Philp]

I have such a choice to choose from! Yes, I join my hon. Friend in paying tribute to the legal profession and the judiciary for the work they have done in these difficult circumstances. To answer the question that his colleagues have put via him, we are opening up Nightingale courts. A total of 19 are open, with 36 additional courtrooms. We have already rolled out the cloud video platform to ensure that hearings can be done remotely, and we are ensuring that Crown court sitting days are not a limitation in this financial year, so we are doing everything we can to open up capacity in the criminal justice system. We are also considering whether we can extend operating hours, and I would be interested to hear my hon. Friend’s views on that, perhaps after today’s question. We are leaving no stone unturned to ensure that our capacity is increased.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC) [V]]

North-west Wales’s only justice centre, in Caernarfon, is equipped with small cells, consultation rooms without protective screens, and insufficient space for jurors in one of its two Crown courts. There has recently been a sharp rise in covid cases in the area, and those conditions pose a significant risk to everyone attending court. The chronic underfunding of courts and the covid-induced backlog of cases are combining to create a crisis of justice. Will the Minister therefore commit to developing a recovery strategy for courts in Wales, once the vaccine has significantly reduced the risk to staff and users?

--- Later in debate ---

[Chris Philp]

Our recovery plans apply across the whole jurisdiction, but I would like to pay particular tribute to the court system in Wales. When we look at the figures for magistrates courts and Crown courts, we see that Wales is one of the parts of the jurisdiction that is doing either the best or very nearly the best. The courts in Wales are performing extremely well, and I would like to thank and pay tribute to the Welsh judiciary, HMCTS staff and the legal fraternity for the work they have done to make that possible. And yes, the recovery will continue beyond the immediate coronavirus pandemic. There will be work to do that goes on into the future, as the right hon. Lady says, and as the Justice Committee Chairman said. The work will continue across the entire jurisdiction.

[Andy Carter (Warrington South) (Con) [V]]

I join the Minister in paying tribute to magistrates in Cheshire and Merseyside for the work they are undertaking, and invite him to welcome the new volunteer members of the bench who were sworn in just before Christmas and are now serving in courts in the north-west. Having sat as a magistrate last week myself in Liverpool, I can confirm that the magistrates court and the Nightingale court at St George’s Hall are covid-safe and working very efficiently. Can my hon. Friend outline what steps are being taken to ensure that the most serious cases are heard quickly, both in magistrates courts and Crown courts, so that justice is not delayed?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before the Minister responds, let me say that I want to try to get everybody in, so we need fairly short questions and, obviously, fairly brisk answers.

[Chris Philp]

I will do my best, Madam Deputy Speaker. I am delighted to hear that the courts in Liverpool are functioning so well. The listing of cases is a matter for the judiciary, but I know that judges are mindful of the points that my hon. Friend raises, and where there are serious and sensitive cases, judges do prioritise those in listing.

[Wendy Chamberlain (North East Fife) (LD) [V]]

I thank all those working in the justice system across the UK. As a former police officer with family who serve, I know the enormous efforts being made to keep the systems functioning. We clearly need more Nightingale courts and proper long-term investment to increase capacity. Can the Minister assure me, however, that the Government will not respond to this backlog by doing anything to either weaken or undermine the fundamental right to trial by jury?

[Chris Philp]

I thank the hon. Lady’s family for their service in the police force. We are, as a nation, grateful for everything they do on the frontline. It is not our intention to undermine those fundamental principles of justice, and even though we are in difficult circumstances, we have not cut corners with those fundamental rights to justice, nor do we plan to.

[Mike Wood (Dudley South) (Con) [V]]

What measures is my hon. Friend putting in place to secure access to justice, in particular in those cases where liberty is at stake, such as in the mental health tribunal?

[Chris Philp]

We are putting as many resources as we can into cases in the mental health tribunal, and we are using remote hearing technology as much as we can in tribunals generally, including the mental health one. My hon. Friend will have seen the recently published mental health White Paper, which aims to go even further in supporting the rights of people with mental health problems.

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

Is the Minister aware that many lawyers and people using the courts are absolutely terrified of going to work? These are not covid-safe environments. As co-chair of the all-party parliamentary group on miscarriages of justice, I have talked to a lot of people working in our courts. He is being very complacent. Many people think that courts are the place to catch the covid infection. What is he going to do to show the leadership and management to sort that out?

[Chris Philp]

The Government have spent a quarter of a billion pounds this year on making our court estate covid-safe. Public Health England and Public Health Wales find it to be safe. I hope that it reassures the hon. Gentleman’s constituents to know that the number of positive cases in the court system detected among court staff is no different from what we find in the general population. The measures that have been taken are working, and people who need to use the justice system do not need to be afraid in the way he describes.

We are not complacent. We aim to do more, particularly in the area of testing. I urge people using the court system to take a lateral flow test, administered by a local authority testing centre, before going into court where they can, and if they see anything that concerns them, they should report it quickly, because there are reporting processes available. We are committed to making sure that courts are safe, and that work will continue.

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

Given that the Minister has previously expressed sympathy for the idea of raising the mandatory retirement age for magistrates in particular, may I appeal to him to ensure that when he does so, there is provision to reinstate those magistrates who have retired in the meantime, so that the valuable services of people like my constituent Peter Power JP are not lost to the bench?

[Chris Philp]

As my right hon. Friend knows, we ran a consultation in the autumn on this topic, and I hope we will be able to respond formally to that and move forward in the near future. His suggestion that recently retired magistrates who are under the new retirement age can return is a very good point well made, and I can assure him that it will definitely feature in our thinking when we respond to the consultation.

[Lilian Greenwood (Nottingham South) (Lab) [V]]

Nottinghamshire police offered the empty Hucknall police training school to the Courts and Tribunals Service for use as a Nightingale court at zero cost months ago, but it has been rejected, and HMCTS is refusing to discuss alternatives with our chief constable and police and crime commissioner. Why has HMCTS not opened a Nightingale court in Nottinghamshire? Why was that free offer refused, and why is the Minister not working with Notts police to ensure that victims and witnesses are not denied justice?

[Chris Philp]

We have opened 36 Nightingale courts across the country. I am sorry that there is not one so far in the hon. Lady’s county, but I would be willing—delighted, in fact—to speak with her about her proposals for her county. If she would like to make contact, I will happily either exchange correspondence or have a meeting to discuss those ideas. There are sometimes reasons why a particular building is not suitable that are not immediately apparent—it might be to do with custody cells or something else—but I am happy to have a proper, detailed conversation with her about her ideas, to see what can be done. If she follows up with my office or my Department, I will be delighted to do that.

[Laura Farris (Newbury) (Con) [V]]

Last year, the Ministry of Justice received calls to temporarily dispense with juries as a way of clearing the backlog in the criminal justice courts. I pay tribute to the Secretary of State for his determination not to do this. However, will my hon. Friend reassure the House that as he works to accelerate the disposal of criminal matters, he remains committed to preserving juries as a fundamental cornerstone of the criminal justice system?

[Chris Philp]

Yes, we do remain committed to the foundation stones of our justice system. Just as we have not cut any corners in delivering justice in these difficult past few months, we do not plan to cut any corners in the future.

[Tony Lloyd (Rochdale) (Lab) [V]]

The fact that we have had to open the Nightingale courts to increase capacity, welcome though that is, indicates how mistaken it was to close local courts in places like my constituency of Rochdale or in Bury and to concentrate all the magistrates courts in Manchester. Local justice is still a sensible idea. Will the Minister use this opportunity to think about a review of localism and the possibility of reopening local courts?

[Chris Philp]

Some local courts have been brought back into use in response to the pandemic. We have had to use Nightingale courts not because the current court estate is, in itself, inadequate, but because we need to space out a lot more to hold hearings and trials, especially jury trials, in a covid-safe way. Even where particular courts—the Old Bailey is a good example—have quite a large number of courtrooms, we can only use a subset of those in a covid-safe way. We have enough jury courtrooms, but they are sometimes difficult to use in a distanced, covid-safe way, and that is why we have had to open up the Nightingale courts. However, we will see what lessons we can learn, as the hon. Gentleman says. We will keep this under careful review and reflect on it very carefully.

[Dr Kieran Mullan (Crewe and Nantwich) (Con) [V]]

The Minister will understand the attention that has been paid to this issue, but I welcome the highlighting of the historical trends with regard to the hyperbole coming from the Opposition Benches. Does he agree that with many private events venues unable to operate and claiming taxpayer-funded grants and support, it makes sense for the taxpayer to be paying into those as Nightingale courts instead? May I encourage him to hasten the roll-out of such venues?

[Chris Philp]

I thank my hon. Friend for his encouragement. We will certainly do that everywhere that we possibly can. If any Members have ideas for Nightingale courts, then we are happy to talk about them.

[Jeff Smith (Manchester, Withington) (Lab)]

The Government like to talk tough on crime, but since 2010 the MOJ has been cut more than any other Department: police funding was cut, recorder sitting days were cut, the CPS was cut, and more than half the courts across England and Wales were closed. The new resources that the Minister has talked about will not make up for those 10 years of cuts. That is not being tough on crime, is it?

[Chris Philp]

I will tell the House what is being tough on crime. According to the crime survey for England and Wales—the only source of crime statistics that the Office for National Statistics says is reliable—the number of crimes in the jurisdiction of England and Wales has gone down by 41% since 2010, and that is the number that matters the most.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con) [V]]

I commend the Minister for the work he has done to get jury trials back up and running. I have a constituent who has been called for jury service and is quite worried about their own safety and the safety of those they live with. What information can my hon. Friend give about the steps he is taking to make jury service covid-safe so that my constituents can be reassured when they are undertaking this important public duty?

[Chris Philp]

My hon. Friend can reassure her constituents who have been summoned for jury service that we have plexiglass screens in place to prevent the spread of any infection, distancing in the jury retiring rooms, regular cleaning, of course, and a whole range of further measures. If any of her constituents, or indeed anyone’s constituents, who are summoned for jury service are in some way vulnerable—perhaps over the age of 70 or feeling that their health might be compromised—they should contact the Jury Central Summoning Bureau to discuss that. Although there is no blanket rule in place, where somebody has legitimate concerns, they will be sympathetically listened to.

[Janet Daby (Lewisham East) (Lab) [V]]

The backlog of cases in the Crown courts is not only causing concern for victims of crime; the mishandling of the crisis has also piled pressure on to hard-working lawyers and barristers, who already work in high-intensity environments. The enforcement of the enhanced working hours by the Ministry of Justice means that legal professionals have had to work harder and longer hours. The Criminal Bar Association is now considering legal action to urge safer and fairer working conditions. If the Government recognise the value of those leading these trials, what is their response to the Criminal Bar Association?

[Chris Philp]

On the safe working environment, I have already mentioned that Public Health England and Public Health Wales, which are the relevant bodies, find our courts to be safe environments. But as I have said, if any legal practitioner or other court user comes across a particular circumstance that concerns them in a court, there are reporting mechanisms that I strongly encourage them to utilise if required.

In relation to hours, we are carefully considering the options; no decisions have been taken. But I would have thought that many people working in the legal profession would be glad to have additional working hours. Some practitioners say that they have not been earning as much as they ordinarily would because of the coronavirus restrictions, particularly over the summer. Clearly, additional hours provide an opportunity in that regard. But as I say, no decisions have been taken and we continue to think carefully and listen carefully to everybody with an interest in the system.

[Joy Morrissey (Beaconsfield) (Con) [V]]

In Beaconsfield, constituents are keen to see that the wheels of justice keep turning. What investment have the Government made in reducing criminal court backlogs?

[Chris Philp]

I would point to the quarter of a billion pounds that we have invested this year alone—extra money for making sure that our courts are covid safe and have the capacity needed to deliver justice. That is a striking investment and a striking commitment—one that has not only started the court recovery, but one that I hope and expect will sustain it in the months ahead.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for responding to the urgent question. I am now suspending the House for three minutes to enable the necessary arrangements for the next business to be made.