(5 years, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, as ever, Sir David. I thank my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), the Chairman of the Justice Committee, for securing a debate on an important report. I pay tribute to all the Members who have spoken today and, indeed, all members of his Committee for their work. It is a pleasure as always to serve opposite the shadow Minister, the hon. Member for Bolton South East (Yasmin Qureshi). I know and welcome her commitment to this area of work, and to working collaboratively and in a bipartisan way when we have a common goal to achieve.
The Chairman of the Select Committee and many others present today have worked hard to champion the potential of children who offend, and their capability to move on from their previous behaviour to live rich and fulfilled lives—and, indeed, to make our shared commitment to rehabilitation a reality. My hon. Friend is right to say that although the issue is technical and legal, it is about more than that. It affects real lives and, as hon. Members have said, continues to affect them for years after the offence is committed. We are grateful for the Committee’s recommendations.
My hon. Friend set out with his typical eloquence and polite forcefulness how the system operates and what he feels does not work well. As hon. Members have said, at the heart of the debate there is a question of balance—striking the appropriate balance, as the shadow Minister said, between protecting the public and giving young people the opportunity for rehabilitation and to have a second chance and a future.
My right hon. Friend the Secretary of State for Justice recently set out his vision for a criminal justice system and the principles that should be at its heart. I am clear that the criminal justice system must have multiple aims—to deter, to ensure that there is both punishment and rehabilitation, and to protect society from crime. That means the system must be proportionate and, in the case of disclosures, relevant to those objectives. My right hon. Friend set out the need to move away from debates about soft or hard justice, and to think instead about smart justice that achieves what we would all want for society. That means knowing that, alongside appropriate safeguarding measures for children and vulnerable people, employment for those who have previously offended can support public protection. There are, as the right hon. Member for Delyn (David Hanson) said, few better tools for reducing reoffending than a regular pay cheque. We have made it clear that we want more employers to look past someone’s offending history and see their future potential, and I believe that rehabilitating people and getting them into employment is the best outcome for us all.
On taking office in 2016, my right hon. Friend the Prime Minister made a pledge that the Government would fight against social injustice and give people back control of their lives. She set out a vision whereby all British citizens could go as far as their talents took them. Nothing should hinder that, and it should also apply to children who commit crimes or make an error. This must be reflected in the disclosure of criminal records.
I agree with the core position laid out by the Committee: employers should not regard the disclosure of a criminal record as an automatic barrier to employment. A balanced judgment should be exercised, having regard to factors such as a person’s age at the time of the offence, how long ago it was, and the relevance to the application or post in question. The Committee’s report goes beyond this and rightly highlights the need for proportionality, clarity and fairness, as well as seeking to ensure that the systems designed to protect the public and facilitate rehabilitation keep up to date with the reality of the modern world.
The Secretary of State for Justice has already identified that one of the best ways to help those who have offended to get meaningful employment is by working more closely with employers and expounding the benefits of hiring those with criminal convictions. That is why—to address one of the key themes in hon. Members’ speeches—I am happy to see the Government leading by example by rolling out Ban the Box across the civil service in 2016 and continuing to encourage its implementation across both the public and private sectors.
Whenever I see the right hon. Member for Delyn in a debate that I am speaking in, my heart both rises and sinks. It rises because he brings great expertise and knowledge of this subject; it sinks possibly for exactly the same reason, as I know he will ask me various challenging questions. He asked a number of questions, and I will try to answer some of them—if I do not answer them all, I will happily commit to write to him next week with detailed answers.
I am glad to see I serve some purpose, if there is anything wrong with the Minister’s heart—rise and/or sink, depending on his mood. He just mentioned the roll-out across Government, and it is important that he puts on record, either now or by letter, whether any Department is not operating Ban the Box.
I take the right hon. Gentleman’s point. I am not aware of any Department not doing it. There may be some roles, perhaps in the policing or security aspects of Government, where there might be more complex considerations. I undertake to write to him with a clarification on that in due course, when I will answer a number of his other questions.
Further to that point, will the Minister also commit to letting us know whether any of the Ministry of Justice’s contractors are not operating Ban the Box? The Ministry has considerable procurement leverage in these matters. Subject to the caveats about security, we would like to know that, too.
I am happy to include that, if it is appropriate, when I write to the right hon. Member for Delyn—I will copy it to the Chairman of the Justice Committee, who makes a good point. I do not know whether that data exists, but I will endeavour to get it. The right hon. Member for Delyn also asked, I think, about the direct impact on the Ministry of Justice. My understanding is that of those people with a previous conviction who applied through the approach that has been taken in the civil service since 2016, 92% subsequently secured employment, which is a positive outcome.
Beyond the guidance for employers, I am proud of the rehabilitative support we have offered in the past. As I say, I will write to the right hon. Member for Delyn with some detailed answers to his questions about the specific list of activities undertaken to ensure that responses and commitments went beyond responses and commitments and followed through into actions. One thing that he mentioned, to which I can respond directly now, is about the education and employment strategy, which was published in 2018 and was explicit, as I understand it, in referring to this. I will give him the detailed action plan that sits beneath the strategy.
I am proud of the rehabilitative support we offer to people who have offended in the past. Our education and employment strategy, published in 2018, sets out how we will transform our approach to ensure that those in the adult custodial estate develop the skills they need to secure employment on release. We are giving governors the power to commission education provision and engage with employers to take on ex-prisoners—for example, via the New Futures Network.
A number of hon. Members have mentioned the debate about the age of maturity and its impact on criminal justice. There is a live debate on whether it should be 18, 25 or somewhere in the middle, reflecting different scientific papers that have been put forward. I think that even the Lord Chief Justice has commented on this ongoing debate. It is something of which I am very much aware. A degree of caution needs to be exercised, if only because the age of 18 is when we deem people mature enough to enjoy certain rights and benefits. If we were to look at whether it should be 18 or 25, would that lead to a wider debate? If we are saying that someone is not criminally mature, what other rights and benefits come with a particular age? I am not setting out a particular view on that, but it does lead to a wider debate. We should not be afraid to engage in that, but we should be conscious of the wider implications.
As hon. Members have mentioned, the Supreme Court recently handed down its judgment in the case of P and others, which considered the disclosure regime. On the most fundamental point, the Court found—for the Government—that it was proportionate and practicable to make disclosure decisions in accordance with a clearly defined and unambiguous system, through the operation of legislative rules agreed by Parliament. However, as has been set out, the Court went on to find that two key features of the filtering regime are disproportionate as framed: the multiple conviction rule and the disclosure of youth reprimands and warnings. I will not recount the detail of how they operate, because hon. Members have already done so.
My Department is working closely with the Home Office to give proper consideration to the judgment. The Justice Committee’s report touched on something that is relevant. It highlighted the fact that responsibility in this area is split between the Ministry of Justice and the Home Office. Indeed, in some of the issues we have touched on, which I will turn to later, other parts of Government also have a relevant interest, the Ministry of Housing, Communities and Local Government being an obvious example.
I saw the Committee’s suggestion that placing responsibility on a single Department could enhance coherence. We did not accept that recommendation for a simple reason: we come back to the balance at the heart of the system, that balance between a focus on rehabilitation—giving people a second chance—and an element of public protection. Part of that sits with the Home Office and part sits with the Ministry of Justice, which can lead to a creative and hopefully positive tension and balance. Where we must strive to avoid problems is when that balance and those counter-positions or counter-interests can lead to things taking a lot longer than they might do otherwise. In a few moments I will turn to the matter of timing, because the Chairman of the Justice Committee is a deeply patient man but does not have infinite patience.
We work closely with the Home Office to give these things proper consideration. Although that judgment has been handed down, the order behind it has not yet been sent over to us. We await that order. When it is received, it is important that we are speedy and timely in addressing it.
One thing that might be able to speed these matters along is for the issue to be discussed by the Criminal Justice Board, a mechanism that is there precisely to give an overview across the whole criminal justice system, and which involves the two principally concerned Departments and others. Will the Minister undertake to have it raised on the board’s agenda?
I will raise that very good point with the Secretary of State, who sits on that board. Although I cannot go into the details in advance of that order, I can say, and Members can read into this what they will, that I generally find justices to be wise and sensible in their opinions. They consider what they say extremely carefully and open-mindedly. I believe, from my experience in this role so far, that when one receives a judgment from the Supreme Court, there are often opportunities to look at it in broad, rather than narrow, terms. I will endeavour to reflect on that when the order comes through.
We previously committed to considering the Committee’s recommendations for reform of the criminal records system on receipt of that judgment, and we remain committed to that, because it is appropriate for us to consider any recommendations about the disclosure regime in the light of that authoritative ruling. The Committee’s recommendations sit neatly alongside it, so it makes sense to consider them in the round.
I now turn to a number of issues that came up in the debate. I am grateful to the Committee for highlighting such a wide range of issues in its report, particularly on access to housing, travel and insurance. I recognise the acute impact that lack of access to those things can have, as well as the cumulative impact on children who have offended. I will take each of the points in turn, but before I do so, I pay tribute to the speech made by the hon. Member for St Helens South and Whiston (Ms Rimmer), who rightly highlighted the need for us to understand not just the requirements of a regime but the context for each individual. She highlighted the impact on the behaviour of young people who have been looked-after children, who have had adverse childhood experiences and who may even have been victims of child sexual abuse or other forms of abuse. That should be a consideration, and she was absolutely right to raise the issue. Those individuals have a passionate advocate in her. She made her point forcefully and well, and I will certainly reflect carefully on what she said.
The Committee’s report concluded that the criminal record system undermines the principles of the youth justice system. Although we do not share that view, the Committee’s work highlights further opportunities not yet taken that can enhance the principles and the work of the criminal justice system if we reflect on how the disclosure regime operates more broadly. Children who come into contact with the police and youth offending teams are some of the most vulnerable children in our societies, as the hon. Lady highlighted. We all agree that rehabilitation is important in improving their life chances. Society has a right to expect that we will do everything possible to ensure that all people with convictions desist from crime. Those who offended as children are no different. We have a particular responsibility to children who fall into the categories that the hon. Lady highlighted.
We know how important employment, education and other factors raised by the Committee are in enabling rehabilitation. The hon. Member for Lewisham West and Penge (Ellie Reeves) highlighted that issue and touched on some powerful examples. We are committed to supporting children to turn their lives around. In 2013, the coalition Government changed the law so minor offences no longer needed to be disclosed. It takes significantly less time now for offences committed by children, as opposed to those committed by adults, to become spent, after which they no longer need to be disclosed for most purposes. Those features of the disclosure regime all relate to the fact that children who offend are often highly vulnerable and might not be as mature as adults who do so. There has been progress, and the hon. Lady would expect me to say that, but given her comments about pre-emptive action, I will not say, “That’s progress. That’s job done. We are in the right place,” because I believe that there is clearly more to do.
The Committee raised concerns about equality and disproportionality. I am committed to reducing disproportionate outcomes for BAME children in the youth justice system, and I share the concerns voiced by the right hon. Member for Tottenham (Mr Lammy) in his 2017 report. I reassure the shadow Minister that we take that report incredibly seriously. Since I was appointed to this role last summer, I have met the right hon. Gentleman a number of times. We announced last November via the Cabinet Office the cross-Government “one year on” update on the progress that has been made in that area. I have regular roundtables with those with an interest in this issue to chase up progress. We have a director general in the Department who is directly responsible for bringing officials from a range of parts of the Department together to drive forward progress on reducing disproportionality and implementing the recommendations in the right hon. Gentleman’s report. That reflects the fact that I recognise the need for systemic change. A key focus is on explaining or changing disproportionate outcomes for BAME children in the justice system.
I am also aware of the over-representation of vulnerable groups with multiple and complex needs—particularly looked-after children, excluded children and those with mental health issues. Again, it is a fundamental priority for the youth justice system to ensure that those children receive the support and intervention they need to fulfil their potential.
A number of Members touched on the disclosure of police evidence. In our response to the Committee’s report, we noted that disclosure of police intelligence can be an important aspect of the regime. That was a key finding of the Bichard report after the Soham murders. It plays a vital part in ensuring that children and vulnerable adults are protected. The police cannot automatically disclose all intelligence. Disclosure of non-conviction information is subject to a statutory relevance test, so the chief officer has to consider whether the information is relevant and ought to be disclosed. That includes consideration of the individual’s age at the time of the offence, its seriousness and how long ago it occurred, but once again, as hon. Members have emphasised, the key is proportionality and relevance.
My Friend the Member for Henley (John Howell) touched on housing. Social housing is a precious resource, so ensuring that it is allocated fairly, as he set out, is crucial. We recognise the need to understand better how the allocation system is playing out in local areas, so we know whether it is striking the right balance between fairness, support and aspiration. In the social housing Green Paper, the Government propose an evidence collection exercise to help us to understand how the allocations framework is working across the country in different areas. Following that exercise, we will consider whether changes to legislation, regulations or statutory or best practice guidance are necessary, but we believe that making changes prior to having a clear evidence base would be premature. My Department continues to work closely with MHCLG colleagues to ensure that the points that my hon. Friend and others made, which are directly relevant in this space, are considered in that broader piece of work.
I am grateful to the Minister for the constructive dialogue that we can have. In carrying out that evidence exercise, will he particularly bear in mind the evidence that we received from the Standing Committee for Youth Justice? Like me, the Minister comes from a background in London local government, and that organisation’s findings were that some 13 of the 30 London local authorities it looked at had housing policies that tended to have an unreasonable impact on the allocation of housing to former offenders. If, as he said, a pay cheque is one way of stopping offending, secure accommodation is another.
My hon. Friend alludes to our shared past in London local government, where I first met him many years ago, when I had a little more hair and it was not quite so grey. He is absolutely right: I meet with the Standing Committee on Youth Justice and consider its reports and input with great care. It is for local authorities to ensure that their allocation schemes are lawful, taking account of any relevant decisions made by the courts. No authority may breach section 4 of the Rehabilitation of Offenders Act, which requires that a person who has a spent conviction be treated as if the offence was not committed.
My hon. Friend the Member for Henley also touched on education. As we set out in our response to the report, most higher education institutions are autonomous, independent organisations, and as such admissions are a matter for each individual institution. They are best placed to decide which applicants are the most suited for their organisations and the courses that they offer. Similarly, further education providers, including colleges, are independent organisations that can set their own entry criteria for qualifications, in line with those published by the qualification owner.
That said, we expect providers to take account of the Committee’s recommendation as part of a transparent admissions process. On universities, I am happy to say that for the 2018-19 cycle, UCAS has dropped the automatic requirement for all applicants to declare unspent convictions, regardless of whether they are relevant to the course for which the applicant is applying. The eligibility for Disclosure and Barring Service standard or enhanced certificates applies to work placements in the same way as other paid or voluntary employment. If a course does not involve a work placement that is eligible for a check, the university can only ask about unspent convictions.
Hon. Members raised the matter of insurance, the Association of British Insurers and other matters. The ABI published a good practice guide in 2011—it was updated in 2014—that sets out high-level standards of how insurers should treat people with convictions or related offences. The guide makes it clear that insurers should not ask for spent convictions. When an insurer is unable to provide full or any cover because of a consumer’s unspent conviction history, the insurer should provide information about alternative sources of help.
The hon. Member for St Helens South and Whiston touched on the UN convention on the rights of the child and similar. As stated in our response, the Government consider that the disclosure regime is compatible with the convention. It treats convictions and cautions received by those under the age of 18 differently from those incurred by an adult and, although I hear that hon. Members feel that those people should be treated more differently, we believe that we are compliant with the convention. In the light of the Supreme Court judgment, any future changes to the regime will take the convention into account.
I want to touch on the passionate speech of my hon. Friend the Member for Banbury (Victoria Prentis), and her passionate campaigning work. I am very pleased that she was able to dash from the main Chamber to deliver her speech. I know that she is a passionate advocate for the Ban the Box campaign. She speaks with eloquence and with great knowledge and experience, having worked on this issue for some time. I would be very happy to meet her to discuss that campaign more broadly if she feels that that would be helpful. If the right hon. Member for Delyn and others wished to join us, I would be very happy for them to do so.
There is always a balance to be struck between giving the employers the information that they need to make informed recruitment decisions and having a criminal records system that enables rehabilitation. I look forward to our bringing forward proposals both in response to the Supreme Court judgment and to formally address the issues set out in the Committee’s report. As I said, my hon. Friend the Member for Bromley and Chislehurst is a patient man, but not infinitely patient—nor is his Committee. Hon. Members quite rightly highlighted that although words are important, and this place uses an awful lot of them, they must lead to action.
I am clear that we must, and will, act to address the issues raised and the Supreme Court judgment when the order comes forward. I hope that we can all believe and support a system that believes in redemption, rehabilitation and a second chance. More than ever, that should apply to children who, at a young age, make a simple mistake that should not blight the rest of their lives. I commit to working closely with the Committee in the coming months to respond to and address its points as well as those raised by the Supreme Court judgment. I am very grateful to have had the opportunity to speak on this subject.
(5 years, 5 months ago)
Written StatementsI am pleased to announce the publication of a consultation on introducing the coronial investigation of stillbirths in England and Wales (CP 16), which has been laid before the House today.
Under current legislation coroners cannot investigate a death when it is known that the baby was not born alive. If there is doubt whether a baby was born alive, a coroner can investigate—which could include holding an inquest—but must halt that investigation if they determine that the baby was stillborn. Our consultation considers the case for coroners investigating stillbirths and sets out proposals for how these investigations could be undertaken. The proposals seek to deliver three objectives:
to bring greater independence to the way stillbirths are investigated;
to ensure transparency and enhance the involvement of bereaved parents in stillbirth investigation processes, including in the development of recommendations aimed at improving maternity care;
and to effectively disseminate learning from investigations across the health system to help prevent future avoidable stillbirths.
The consultation delivers the Government commitment to consider enabling coroners to investigate stillbirths, made in November 2017, when the then Secretary of State for Health launched a suite of maternity safety strategy initiatives and committed to halve stillbirth rates by 2025.
It is thus a joint undertaking between the Ministry of Justice and the Department of Health and Social Care. I and the Under-Secretary of State for Health and Social Care (Jackie Doyle-Price) are grateful to the many people and organisations that have worked with officials in both Departments as we have developed our proposals.
Since the November 2017 announcement, meetings have been held with a wide range of interested parties including bereaved parents and supporting charities, the chief coroner and a number of senior coroners, NHS representatives, healthcare safety investigation branch officials, officials in the Welsh Government, academics and the Royal Colleges of Pathologists, Midwives, and Obstetricians and Gynaecologists. Their insight and expertise have been invaluable in helping us develop our thinking.
The consultation seeks views on the merits of coroners inquiring into the causes of stillbirths and contains proposals as to when and how those investigations should take place, reflecting existing processes and arrangements for coronial investigations into child and adult deaths.
We propose that all stillbirths that occur at or after the 37 week of gestation should be in scope of an inquest and our proposals cover such matters as access to documents and medical examination of the stillborn baby.
A coronial investigation would provide greater transparency in stillbirth cases. Under our proposals evidence would be available to all interested persons, including the bereaved parents, who may not otherwise have the opportunity to hear or read everything that is presented when a stillbirth is reviewed. The coroner would bring judicial independence which would help build confidence in the conclusions of the investigation.
We propose that coroners should identify where lessons can be learnt from individual stillbirths in ways that will deliver system-wide improvements to the delivery of maternity services and the general care and safety of expectant mothers.
Whilst we have been developing our proposals, the private Members’ Bill promoted by the hon. Member for East Worthing and Shoreham (Tim Loughton), the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill, has been progressing through Parliament. The Bill, which is supported by the Government, seeks among other things to place a duty on the Secretary of State to prepare and publish a report on whether, and if so how, the law ought to be changed to enable or require coroners to investigate stillbirths. The consultation document takes account of the views expressed by members of both Houses during the debates on the Bill.
The consultation document and an impact assessment have been placed in the Library of the House and are available online at: https://consult.justice.gov.uk/digital-communications/coronial-investigations-of-stillbirths/. Copies of the consultation document and the impact assessment are being sent to the stakeholders listed at annex A of the consultation document.
We look forward to hearing from anyone with experience of, or an interest in, this important and sensitive area.
The consultation closes on 18 June and the Government will publish their response later this year.
[HCWS1448]
(5 years, 5 months ago)
Ministerial CorrectionsI pay tribute to Fern Champion, who has been incredibly courageous in speaking out recently about this hugely important issue. We provide funding for 89 rape support centres. From April, we will increase funding by 10% for them all, with a 30% increase in London, and move to a three-year funding settlement.
[Official Report, 12 March 2019, Vol. 656, c. 183.]
Letter of correction from the Under-Secretary of State for Justice (Edward Argar):
An error has been identified in the response I gave to my hon. Friend the Member for South Suffolk (James Cartlidge).
The correct response should have been:
I pay tribute to Fern Champion, who has been incredibly courageous in speaking out recently about this hugely important issue. We provide funding for 89 rape support centres. From April, we will increase funding by 10% for these services, with a 30% increase in London, and move to a three-year funding settlement.
(5 years, 5 months ago)
Commons ChamberThe hon. Lady has done so much on this issue and on campaigning for victims more widely. While a range of special measures already exist, we can and will do more. As she will recall, last September we published the victims strategy, which sets out the steps to support victims of crime further, including in court, and those steps have recently been added to with our commitments in the draft Domestic Abuse Bill.
I thank the Minister for his answer. Adult survivors of child sexual abuse often wait decades to see their abuser face justice. While survivors are often key witnesses, there is no statutory duty for them to get paid leave. I have met many survivors who have to take unpaid leave or holiday, but cases could unravel without their attendance. Once again, victims are being penalised for the abuse that they have suffered, so will the Minister review the matter and ensure that no victim experiences a financial loss for getting justice?
I mentioned the hon. Lady’s work campaigning for victims, and she is particularly active in campaigning for the rights of those who have suffered child sexual abuse. She makes an interesting point, and I would be happy, as always, to meet her to go into it in more detail.
Victims want criminals to face the full justice of the law and to be sure that the punishment fits the crime. What are we doing to ensure that, once sentenced, criminals serve their time in jail in full?
My hon. Friend makes an important point. Victims expect justice to be done, and when someone is convicted of a crime and sentenced, they expect them to serve that sentence. Of course, sentencing is a matter for the independent judiciary, and we have complete confidence in its approach.
Is the Minister aware that it is not only victims who are affected, but everyone else? A member of my family has just done jury service, and she was amazed by the inefficiency and poor quality of management in the court process, which wastes the time of those on jury service and is wrong for victims. It is wrong for everyone, because it is a badly managed process. Let us get more money for the Ministry of Justice so that it can do things properly.
The hon. Gentleman makes his point powerfully, as always. We have undertaken a number of reforms of the court system and the criminal justice process, and he will have seen in the victims strategy our clear commitment to improve each stage of the process for victims and witnesses. The Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), has been doing a lot of work to ensure that cases run more smoothly, with fewer adjournments, so that victims and witnesses know that when they come to court they have a high chance of actually being heard on the day on which they expect to be.
I welcomed the publication of the victims strategy back in September but, as my hon. Friend will know, giving evidence is one of the most stressful parts of seeking justice for any victim of crime. Will he reassure me that he will also be working with people such as police and crime commissioners to ensure that there is no patchwork quilt of support for victims across the country?
My hon. Friend is consistent in speaking up for victims’ rights, and I believe that his county’s police and crime commissioner has spoken about such rights more broadly. He is right that the victims strategy seeks to adopt an approach that will give a more consistent level of support across the country.
I welcomed last week’s announcement of an end-to-end review of how rape and sexual violence cases are handled across the criminal justice system. Am I right in my understanding that the review will also consider the effect of rape myths on juries?
The hon. Lady highlights an issue that the House has quite rightly debated on several occasions. I hope that all such relevant considerations will be examined in the end-to-end review.
Back in October, I raised with the Under-Secretary of State, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), the case of a Nottinghamshire woman whose husband, despite being convicted of her attempted murder, is able to continue a cycle of abuse through the courts by claiming entitlement to their financial assets, including her home. The Minister offered to look into my suggestion of a change in the law that would ensure no financial entitlement to spousal assets following attempted murder, and to provide me with an update. Five months later, can we now have that update?
I am grateful to the shadow Minister for once again highlighting an important and distressing situation. I am reassured that my hon. and learned Friend the Under-Secretary of State continues to look carefully at the matter. I appreciate that the shadow Minister will want rapid progress, but it is important that we get this right, so my hon. and learned Friend is examining the issue and will report back in due course.
My right hon. Friend the Secretary of State has regular meetings with Cabinet colleagues relating to the UK’s exit from the EU and issues such as our approach to human rights and the ECHR. The UK is committed to membership of the ECHR, as my right hon. Friend has previously set out, and we will remain a party to it after we have left the EU.
In a letter written last year, the Minister implied that the Human Rights Act would come under threat post-Brexit. He said that
“our manifesto committed to not repealing or replacing the Human Rights Act while the process of Brexit is underway. It is right that we wait until the process of leaving the EU concludes before considering the matter further.”
So, for the avoidance of doubt, will he rule this out today?
This country has a long tradition, which long predates the ECHR or the EU, of championing and setting the highest standards on human rights. The Human Rights Act 1998 reflects that and gives further effect to the ECHR in our domestic law, and we are not considering amending or repealing it.
Despite the Prime Minister’s previous wish for the UK to leave the ECHR, the Brexit White Paper committed to membership of the convention. However, the political declaration talks only of respecting the ECHR, so can the Minister explain the change of language and clarify whether the Government plan to repeal or protect the Human Rights Act after Brexit?
I do not accept that our position on the ECHR is ambiguous. Both the political declaration and the White Paper make it clear that our future relationship with the EU should be underpinned by our shared values of respect for human rights and fundamental freedoms, and this includes our ongoing commitment to the ECHR. As I have just made clear, the HRA gives further effect to the ECHR in our domestic law, and we are not considering amending or repealing it.
Human rights are, of course, not a reserved matter, and the Scottish Government have an advisory group on human rights in relation to devolved matters. Will the Minister commit to full consultation with the Scottish Government about his future plans for human rights protection across the United Kingdom?
I am grateful to the hon. and learned Lady, as ever, for her question. We work closely with the Scottish Government. I am always willing to listen and speak to them, and I will continue to do so.
The Scottish Government’s advisory group on human rights reported in detail on 10 December, setting out three guiding principles for Scotland’s approach to human rights:
“non-regression from the rights currently guaranteed by membership of the European Union; keeping pace with future rights developments within the European Union; and continuing to demonstrate leadership in human rights.”
Can the UK Government commit to each of those principles for the whole of the UK? If not, why not?
The hon. and learned Lady will correct me if I am wrong, but I believe Professor Miller chairs that advisory group. We debated this issue in Westminster Hall some weeks ago and I read his report with interest. We note with interest the measures being considered by the Scottish Government to enhance human rights in Scotland, and the principles and seven recommendations set out in that report. Of course, Scotland’s legal system is separate and distinct from that of England and Wales, but I am considering that report, and others, with great care.
The “Female Offender Strategy”, which we published last summer, sets out a raft of specific commitments underpinned by our vision to see fewer women coming into the criminal justice system, a greater proportion managed successfully in the community and better conditions for those in custody.
Every death in prison is a tragedy, and we are committed to improving the safety and support available to all in our prisons. The rate of self-inflicted deaths in women’s prisons is lower than that seen in the male estate, but we recognise that the rate of self-harm is nearly five times the rate in the male estate. Therefore, we know that we need to do more. That is why we have set up a specialist safer custody team dedicated to the women’s estate and are rolling out revised and improved suicide and self-harm prevention training.
Will my hon. Friend the Minister outline what plans he has to increase support for rape crisis centres?
I pay tribute to Fern Champion, who has been incredibly courageous in speaking out recently about this hugely important issue. We provide funding for 89 rape support centres. From April, we will increase funding by 10% for them all, with a 30% increase in London, and move to a three-year funding settlement.[Official Report, 21 March 2019, Vol. 656, c. 12MC.]
(5 years, 6 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is always a pleasure to serve under your chairmanship, Mr Hollobone, which I seem to be doing quite frequently. I congratulate the hon. Member for Swansea East (Carolyn Harris), who is a doughty and effective champion for her constituency and for women in the criminal justice system—the House is lucky to have her among its Members. I also thank all hon. Members who have spoken today and recognise the work of many organisations in this space, including charities and others, such as the Prison Reform Trust, whose report has been frequently cited. I reassure hon. Members that I will consider the contents of the report carefully.
Hon. Members have understandably highlighted their concerns about the rise in the number of women recalled to prison since the Offender Rehabilitation Act 2014. The hon. Members for Swansea East and for Lewisham West and Penge (Ellie Reeves) clearly and effectively set out the context and complexity of the cohort of female offenders we are talking about. Quite rightly, they highlighted that many women who offend are not only offenders and perpetrators, but victims.
Many hon. Members cited the powerful statistic that about 60% of women in custody have suffered some form of domestic abuse or domestic violence. In the context of those multiple and complex needs, it has also been highlighted that the crimes for which many of those women received custodial sentences were non-violent crimes that did not appear to present any physical threat to broader society.
As hon. Members have highlighted, the female offender strategy—one of my first ministerial decisions on my appointment last summer—set out our future ambition in this area. The hon. Member for Stretford and Urmston (Kate Green) highlighted the whole-system approach at work in Manchester, which we have looked at in that context. I look forward to meeting the deputy Mayor in the coming months to talk to her about her work in that area and the Manchester experience.
Considerable progress has been made. I appreciate the comments of the hon. Member for Bradford East (Imran Hussain) and I have updated his fellow shadow Minister, the hon. Member for Ashfield (Gloria De Piero), who is well aware of our progress in spending that money, which I will touch on, and the longer term plans. I do not take his comments in an unpleasant way; I taken them in the spirit in which they are intended. He is keen to see progress, as are we, and as a diligent shadow Minister he is rightly prodding and pushing me to make sure that we continue to make progress.
Although serious crimes will still justify a custodial sentence in some cases, we were clear in our vision, which was set out in the strategy, for fewer women to get custodial sentences, especially short custodial sentences, and for women to serve custodial sentences in better conditions when they are imposed. The evidence suggests that short sentences simply do not reduce the risk of reoffending among women who have such sentences imposed on them. Our aim must be to protect society from crime and to reduce the number of victims. We must therefore look at what reduces the risk of reoffending, future offences and victims. That runs through the heart of our strategy.
In the shorter term, as we deliver on that strategy and vision, we must ensure that we support women under supervision in the community, so that they are not recalled to prison, with all the disruption and distress that causes. Hon. Members have rightly highlighted the impact on family life—often a short sentence or recall is not enough to make a difference to the life of that woman or reduce the risk of her reoffending, but more often it is enough to make matters worse, causing huge disruption to accommodation, family life and home life.
The hon. Members for Swansea East and for Ogmore (Chris Elmore) highlighted that the best point at which to intervene is not when a woman is in the criminal justice system or in custody, but before getting to that point. It is better for such women, for society and for their children to maintain their family life, reducing the risk of their falling into offending. The hon. Member for Swansea East is right to draw attention to work in Wales in that respect. Within the Ministry of Justice, I am the Minister responsible for relationships with the devolved Administrations, and I look forward to working with Jane Hutt—I have met her already—on that and with the Welsh Government on the blueprints for female offenders, to ensure that we have a joined-up approach.
It is also important that such support is gender and trauma informed and helps a woman as a person, rather than taking place in a silo. Hon. Members have touched on a number of factors that play a part in recall—multiple needs, housing, substance misuse, trauma—and on what the statistics say about why most women have been recalled to prison. The main reason comes down to the particular challenge of an offender being out of touch with the supervising officer.
In 57% of cases of women offenders being recalled, the offender had failed to keep in touch with the supervising officer; where the sentence was for less than 12 months, in 71% of cases of female offenders being recalled to custody, again the offender had failed to keep in touch with the supervising officer. I do not mean that they had simply missed an appointment with the probation officer and therefore needed to be punished. Indeed, the power to recall any offender to custody is not to be used punitively. Rather, the probation officer had felt that all reasonable efforts to trace an offender had been exhausted and that there was no other way to bring the offender back in touch.
We must recognise that in some circumstance there is something inherently risky in a situation in which a probation officer is unable to assess an offender’s risk because contact cannot be made. Recalling such an offender might sometimes be unavoidable. The hon. Member for Lewisham West and Penge highlighted those female prisoners serving IPP sentences, and I will reflect carefully on the points she made. However, there can be a number of underlying reasons for an offender to be out of touch, particularly female offenders, given their complex needs, which in many cases form the context of their offending. The HMPPS guidance therefore encourages probation officers to identify alternatives to recall wherever possible, while upholding the integrity of the conditions imposed in the licence.
Earlier this month I had the privilege of visiting Brighton Women’s Centre, which I am pleased to say we recently awarded funding as part of the female offender strategy. That centre, like many across the country, is an excellent example of how women’s centres can play an important role in supporting female offenders to turn their life around. The proposals for five residential women’s centres, which Jean Corston would argue she originated back in 2007, have attracted a lot of attention and form an important part of our approach. Clearly, the foundation of the support services for women will always be in those women’s centres, working in and with the community.
I was grateful that the Brighton service users were willing—incredibly courageously—to share with me, a stranger, their stories and backgrounds. I was particularly interested to hear about the excellent work that Brighton Women’s Centre is doing in partnership with its local CRC. It has begun to use the centre as the location for probation appointments—a trusted space with trusted people—and it means that women who are already using the centre to address other needs can meet their probation officer in an environment that is already familiar to them.
I was told that this co-location model has already seen a 15 percentage point improvement in attendance for reporting appointments for female service users at the Brighton Women’s Centre premises between July 2018 and December 2018. That provides me with optimism. There are models out there that can help to drive down the number of women being recalled to prison because they do not keep in contact with their probation officer. Of course, they can also address other factors that might be problematic in those women’s lives.
We are also working hard to meet the needs of those women who are newly released on licence. CRCs introduced through-the-gate services in 2015 to support offenders in their transition from prison to the community, by providing resettlement support for accommodation—rightly highlighted by many Members today as a hugely important challenge for those leaving prison—and support with employment, finance, mental health and substance misuse.
We know that these services are not currently meeting the standard required. That is why we are investing an additional £22 million a year over the duration of the current CRC contracts, to improve the support given to all offenders on release from custody, with new and enhanced arrangements from April this year. They will include sustained support to find proper accommodation and employment on discharge from prison, and there will be approximately 500 more staff working with offenders after April 2019.
The important role that women-specific services, such as women’s centres, can play in helping a woman to turn around her life is clear. We have announced and awarded the £5 million of investment, alongside our female offender strategy, to support community provision. That is allocated to a range of organisations to support and enhance existing provision, and to develop new services.
In conclusion, we are clear that we wish to see fewer women being recalled to prison for breach of licence and fewer women serving short custodial sentences, and we believe that we are adopting the right approach to achieve that.
(5 years, 6 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Austin. I thank my hon. Friend the Member for Kettering (Mr Hollobone) for securing the debate. He has raised the issue tenaciously on previous occasions, most recently at Justice questions earlier this month. He and his constituents attach great importance to it and, as always, he acts as a powerful and strong voice in Parliament for the people of Kettering.
As always, the debate raises a matter of huge importance and is an opportunity to update the House more fully than would be possible in a single parliamentary answer. Rightly, increasing the removal of foreign national offenders is one of the Government’s top priorities. All foreign national offenders sentenced to custody are referred by the Prison Service to immigration enforcement as quickly as possible to be considered for deportation action.
As all hon. Members present are aware, the Government are absolutely committed to increasing the number of foreign national offenders removed from our prisons. Any foreign national who comes to our country and abuses its hospitality by breaking our laws should be in no doubt about our determination to punish and remove them.
My hon. Friend raised several statistical questions. He rightly alluded to the fact that since 2010 we have removed more than 45,000 foreign offenders from prisons, immigration removal centres and the community. In 2017-18, as he stated, we removed almost 6,000 foreign national offenders, of whom 2,000 came directly from our prisons. That represents good progress, but the Government are determined to do more.
My hon. Friend asked some specific questions. The current overall prison population is 82,236, which is a little shy of what he thought but in the same ballpark. The latest statistics that I have are that foreign national offenders make up 9,090 of that—roughly 10% or 11%—and EU foreign national offenders make up 3,943 of those.
My hon. Friend touched on his top 10. His fabled statistical brilliance has slightly changed, because our order and numbers are different, but if it is helpful, I will briefly run through them. The latest list puts Poland in first place, with the highest number, then Albania, Romania, Ireland, Jamaica, Lithuania, Pakistan, Somalia, India and Portugal. In terms of the stats that sit behind each of those, if I do not manage to answer every question he has raised today, I am happy to write to him.
As he is aware, the primary responsibility for the removal of foreign national offenders rests with the Home Office immigration enforcement team, with my Department supporting its work by setting the policy for, and administering, early removal schemes from our prisons. Prisoner transfers are a matter for my Department and fall within the portfolio of the Minister of State, Ministry of Justice, my hon. Friend the Member for Penrith and The Border (Rory Stewart). I will certainly pass on to him the comments made by my hon. Friend the Member for Kettering about negotiating further such agreements and the form of those agreements.
Before I turn to the specific issue of prison transfer agreements, I want to highlight the substantial cross-Government work under way to increase foreign national offender removals. A lead Minister’s group that meets quarterly is in place. It focuses on the removal of foreign national offenders and brings together key Departments to ensure a co-ordinated approach. We continue to work hard to improve and speed up every part of the removals process, right from the point at which a foreign national offender first comes into contact with criminal justice agencies up to their removal back to their home country.
For example, as my hon. Friend will be aware, the Government introduced new requirements through the Policing and Crime Act 2017 so that anyone appearing in court now has to state their nationality. It is designed to speed up early identification of foreign national offenders and therefore assist with speedier removal. In other initiatives, my Department is working with the Home Office on ways to speed up the immigration appeal process for foreign offenders held in prison, and to ensure that appeals are determined as quickly and as efficiently as possible so that foreign offenders with no right to remain here may be removed quickly.
We are also working to concentrate foreign national offenders within fewer prisons in our estate. As has been mentioned, we have already created two foreign national offender-only prisons, one of the first countries in the world to have done so, with the benefit of concentrating foreign national offenders and allowing the Prison Service better to address the specific needs of that cohort of offenders. Importantly, it also allows the Home Office better to deploy its immigration enforcement teams, which need access to the prisoners to undertake the deportation process.
As my hon. Friend highlighted in his speech, there are different routes by which foreign national offenders can be removed from this country. The first that he touched on is the early removals scheme, which is our principal mechanism for removing foreign national offenders from prison. Under the scheme, offenders are returned to their home countries and are barred from returning to the UK, potentially for life. In 2017-18 we removed more than 2,000 prisoners through the scheme; that is about 95% of early removals from prison. I am keen that we should not lose sight of our success in removing such a large number of foreign offenders.
I am listening closely to the Minister. Can he clarify whether the 2,000 a year who are returned under the early removals scheme are then at liberty in their country of origin, or are they behind bars?
My hon. Friend is clearly clairvoyant, because my next note addresses exactly that point. Under the transfer agreements, the mechanism allows us to transfer a sentenced prisoner during their prison sentence so that they will continue to serve that sentence in a prison back in their home country. Importantly, the agreements are reciprocal and allow the return home of British nationals from overseas prisons. We have more than 100 transfer agreements—he mentioned 160, which is roughly in the right space overall—with countries and territories around the world. Depending on the type of agreement that is in place, prisoners can be transferred either on a voluntary basis, meaning the consent of the prisoner is required, or on a compulsory basis, meaning their consent is not required. To address a point that my hon. Friend specifically raised, under either type of agreement, including the compulsory one, the receiving country still has the right to accept or refuse the prisoner; the country receiving them still has to agree to accept them even if the prisoner does not have a say in that process.
To focus briefly on the EU prisoner transfer agreement, that is the most effective transfer agreement to which the UK is a signatory, largely because, going back to my previous point, there are limited grounds on which a receiving member state can refuse to accept a prisoner transfer request. Our departure from the EU will therefore have an impact. As the prisons Minister said earlier this month, if we leave the EU without a deal there is the risk of a decline in the number of transfers to and from the EU, because we might be forced to fall back on older transfer mechanisms that could prove less effective.
The Minister says that under the EU prisoner transfer agreement there are limited grounds for a country to refuse to take their prisoner back. There are 950 Polish nationals in our jails, and Poland has taken back only 35. Is the Minister telling us that Poland regularly has 915 good reasons not to take prisoners back? It seems that this agreement is not as effective as the Minister makes out.
I will make two points. The first is a statistical point because latest figures show that there are 787 Polish prisoners, although my hon. Friend’s point about the number and scale still stands. I was about to come to the other legal and procedural reasons for why transfers can take a long time in this country. In that context, I wish to touch on the suggestion made previously that the prisoner transfer agreements are in some sense not working, and that our prisons are full of prisoners who could be transferred. As my hon. Friend is aware, many of our transfer agreements are necessarily voluntary, not just for the country receiving them but for the prisoners themselves. That is due to the poor standard of prison conditions and the treatment of prisoners in some parts of the world, and our obligations under those agreements as well as our human rights obligations.
For our compulsory agreements, we target transfer at those offenders who are serving lengthy prison sentences. Transfer can take place only if all appeal routes have been exhausted, a deportation order is in place, and there are no legal concerns about the prison system to which the prisoner will be moved. Consequently, when all those factors and process points have been taken into consideration, the number of prisoners who are eligible for a swift transfer might not be as high as my hon. Friend might wish, and in some cases the process could take longer than the prison sentence being served.
We are, however, working to increase the number of transfers wherever possible, and our current agreement with the EU has enabled the transfer of 357 prisoners to EU prisons, with each transfer freeing up several years of cell space. Transfer numbers continue steadily to rise now that most member states have implemented that agreement and operational processes are bedding in. Such transfers therefore play a role in managing our prison population and ensuring that capacity is available for offenders who have been sentenced to custody.
I will also highlight a number of successes for our transfer agreements with countries outside the EU. In late December we signed an agreement with the Government of Pakistan to restart the voluntary prisoner transfer process between our countries. Given that Pakistani prisoners are one of the top 10 nationalities held in our prisons, that progress is welcome and I thank all Departments who worked on that issue for their support. We also have a prisoner transfer agreement with Albania, which is another of the 10 most common nationalities in our prisons. A transfer agreement has seen 24 Albanian prisoners transferred, and there is ongoing engagement with Albanian authorities to improve that mechanism and speed up and increase transfer rates. The prisons Minister met the Albanian Justice Minister earlier this month to discuss co-operation on that issue, and an agreement was reached to continue with close co-operation.
I am conscious that only a short amount of time is left, so I shall conclude by saying that whether removal is through the early removal scheme, prisoner transfer, or deportation after an offender has completed their sentence, the key point is that we continue to work to remove those who have broken our laws and have no right to be here. I suspect my hon. Friend will continue to champion and push hard on this issue—indeed, I suspect we may well debate it again in the coming weeks and months—but he should be in no doubt that that the Government are committed to that agenda, and to increasing the number of foreign national offenders who are removed from this country.
Question put and agreed to.
(5 years, 6 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Gapes. I congratulate the hon. Member for Edinburgh East (Tommy Sheppard) on securing this debate on human rights in the UK. I have listened with great interest to the views expressed. We have a multiplicity of not only hon. Members, but hon. and learned Members, who have offered the benefit of their legal expertise.
The hon. Member for Edinburgh East set out not only his case, but the broader importance of human rights as a concept, highlighting a number of specific cases and examples. That is, quite rightly, a subject of real importance to all Members, and one in which I have taken a very close interest within my portfolio. It is not only intellectually fascinating but, as hon. Members have said, it permeates our national life.
The hon. Gentleman raised the issue of where responsibility for human rights should sit. I will not take personally his suggestion that it be moved. The reason that it currently sits with the Ministry of Justice and with me is that, although he is absolutely right to say that it is a cross-cutting issue, the Ministry of Justice is a key defender of the rule of law, and this issue goes to the heart of that. I am sure, however, that the Chancellor of the Duchy of Lancaster and Ministers in the Cabinet Office will have noted his points.
As many hon. Members have said, human rights in the UK are not new. The UK has a reputation for setting the highest standards, both domestically and internationally. As has been set out, that did not begin with the ECHR, the Human Rights Act 1998 or our membership of the EU—nor will it end with our exit from the EU. “Human rights” as a distinct term may have entered common usage in this country in the 20th century and developed through international treaties and organisations, but the concept of rights—and, I might add, responsibilities—in our country goes all the way back to Magna Carta in 1215, the Petition of Right in 1628, the Bill of Rights in 1689 in England and the Claim of Right in 1689 in Scotland. The concept has evolved over many centuries.
Common law developed alongside statutes and set out rules developed by the courts to govern relationships between people and Government, which we would recognise today as “rights”. We have a strong and proud track record on that. As the hon. Member for York Central (Rachael Maskell) highlighted when talking about her city and its university, in many of our communities, the issue is rooted more locally. I was particularly interested in her comments about the work that the university and her city are doing in that respect.
Winston Churchill, no less, was one of the main advocates for a new regional organisation that was to become the Council of Europe. In 1942, he called for the “enthronement of human rights” and in 1948, he called for a charter of human rights that would be
“guarded by freedom and sustained by law.”
The European convention on human rights, as many hon. Members have mentioned, was drafted in 1950 by the Council of Europe, to safeguard basic political and civil rights.
I am always educated, not only in matters of the law, but in matters of history, by the shadow Minister, although in this case, it is a coincidence that I read David Maxwell Fyfe’s memoirs over Christmas. I suspect I am one of only a very small number of people in the House, or indeed in the country, to have done so.
As has been said, the UK was one of the first to sign up to the ECHR in 1951, before it came into force in 1953. It has been strengthened over the years by protocols, and the 1998 Act was a huge step forward in putting those rights on a footing whereby they could be enforced in the UK’s domestic courts. As my hon. Friend the Member for Cheltenham (Alex Chalk) set out, the ECHR reflects—not in totality, but in large parts—domestic laws both passed by Parliament and in previous common law. My hon. Friend’s views on the matter are always thoughtful and considered.
How are we doing in relation to the rights that we now recognise as forming our human rights framework? Let us not judge ourselves; let us see how others judge us. The hon. Member for Edinburgh East and my hon. Friend the Member for Henley remarked that we have a proud track record. Last year, the European Court of Human Rights in Strasbourg considered 354 applications against the UK, which equates to 5.34 applications per million inhabitants—the lowest of all 47 states parties, and one tenth of the European average. Only 21 cases were considered by the Court to be potentially of merit and were sent to the UK for a response, with just two judgments against the UK. That touches on a point that the hon. Member for Strangford (Jim Shannon) made about the need to strike a sensible and appropriate balance when considering such issues in a domestic context, which I think the UK generally does.
After the UK has left the EU, it will continue to afford its citizens access to well-established domestic and international mechanisms to bring their case and obtain appropriate remedies.
I am pleased to hear that the Minister has read the biography of David Maxwell Fyfe. On our future commitment to the ECHR, at the moment there is real concern that the Conservative party’s positon is to remain a signatory for the duration of this Parliament only. Can the Minister give a guarantee for the next Parliament and beyond?
If the shadow Minister is patient, I will turn to what our ongoing position is—a number of Members have made that point. He may or may not be satisfied, but I will seek to answer him.
As I was saying, individuals will be able to obtain appropriate remedies when they consider their rights to have been breached. That will remain under our common law, the devolution statutes and, of course, the Human Rights Act 1998.
At the beginning of this month, the shadow Justice Secretary, the hon. Member for Leeds East (Richard Burgon), asked my right hon. Friend the Lord Chancellor and Secretary of State for Justice, to
“give a reassurance...that the Government will not repeal or reform the Human Rights Act in the aftermath of our departure from the European Union”.
The Secretary of State answered:
“We certainly have no plans to do so”.—[Official Report, 5 February 2019; Vol. 654, c. 163.]
I believe that that offers reassurance—perhaps not as specific as my shadow might wish, but it offers reassurance.
As we made clear in the Chequers White Paper, and as is clear in the political declaration, the UK is committed to membership of the European convention on human rights and will remain a party to it after we have left the European Union. The Lord Chancellor, and in this Chamber, the shadow Minister and others, read out the wording of our manifesto commitment on the matter. Our future relationship with the EU should be underpinned by our shared values of respect for human rights and fundamental freedoms. As reflected in my opening comments, the UK is committed to human rights. Our exit from the EU does not change that or signal a desire to reduce human rights protections.
I reiterate that most of those protections stem from work by the Council of Europe and under the ECHR, rather than from the EU, as my hon. Friend the Member for Henley set out eloquently in his speech. I take the opportunity to pay tribute to the work of all those hon. Members, including my hon. Friend, who serve on the Council of Europe. It is an organisation that, though not spoken about as often as it perhaps should be, continues to do very good work quietly and persistently. With that in mind, while I recognise the courtesy with which the hon. Member for Edmonton (Kate Osamor) made her point, I simply do not share her view that Brexit will leave any deep hole in human rights protections in this country.
More broadly, I too enjoyed reading Professor Miller’s recent report, which the hon. Member for Edinburgh East cited, and the work undertaken for the Scottish Government by the First Minister’s Advisory Group on Human Rights Leadership, which proposed new ways to draw further international commitments to which the UK is party into Scotland’s legislative framework. To underpin seven recommendations in the report, Professor Miller engaged in the broader debate about human rights in the context of socio-economic considerations and whether those should sit in a revised framework. That is part of a broader political and philosophical debate, with different views, as we have seen in the Chamber today. I suspect it is a debate that will continue. The hon. Gentleman asked whether it would continue in this place, and I have no doubt that if it does not, he will seek a debate on exactly that subject.
The SNP spokesperson, the hon. and learned Member for Edinburgh South West (Joanna Cherry), asked that I read and consider the report and its contents. I will do so; I am happy to read it again and to consider it carefully. I cannot give a commitment about whether I will agree with everything in it, but I will certainly reflect on it carefully, as I do with anything she suggests that I should read.
UN human rights treaties have not been incorporated into UK domestic law, and they do not require states parties to do that. The UK has instead put in place a combination of policies and legislation to give effect to the UN human rights treaties that it has ratified. We have a long-standing tradition of not only ensuring that rights and liberties are protected domestically, but fulfilling our international human rights obligations. That aspect should not be neglected.
Some hon. Members touched on the report of the UN special rapporteur. As other Ministers have made clear, the Government will consider carefully the rapporteur’s interim findings, but they disagree with the conclusions reached by the rapporteur, highlighting that, compared with 2010, for example, income inequality has fallen, the number of children in workless households is at a record low, and 1 million fewer people are in absolute poverty. I suspect, however, that that is a debate for another day—it could take at least another hour and a half, if not more.
I am the Minister responsible for overseeing the UK’s obligations under the UN convention against torture and other cruel, inhuman or degrading treatment or punishment, and its optional protocol, and under the UN covenants on economic, social and cultural rights and on civil and political rights, not forgetting the UN human rights peer review process, the universal periodic review. I take those responsibilities seriously, and last year I went in person to Geneva to discuss the UK’s role in relation to the convention against torture with officials. Broadly, in my conversation with them, I was clear—as were they—that the UK has a continuing role in leading the way on human rights in the world.
The title of this debate is “Human Rights in the UK’, so let me sum up by reflecting on the fact that the UK has a rich tapestry of rights running throughout our history, for hundreds of years, and reaching out across the globe. They neither began nor will end with the EU, and many of the key rights stem from the Council of Europe. I appreciate entirely that, during times of change, voices will rightly be raised to question protections and the future, challenging Government. It is absolutely right for that debate to take place.
Let us focus on the commitments given, the protections in place and our historical role—we should be judged on those and on this country’s proud commitment to human rights. Many have suggested that human rights matter; I go further, echoing the words of my noble Friend Lord Keen of Elie: human rights are central to the way we live now and to the way we wish to live in the future. They are an integral part of the society of which we wish to be a part, and a reflection of our identity as individuals and as a country.
I thank all hon. Members who have taken part in the debate, and you, Mr Gapes, for chairing it. In particular, although we might not agree on everything, I thank the hon. Member for Edinburgh East. I suspect that we will return to the subject in future—quite rightly so.
(5 years, 6 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Enfield, Southgate (Bambos Charalambous) on securing a debate on this important subject. He and many other Members of both Houses, some of whom are here today, have campaigned long and hard for the implementation of the Guardianship (Missing Persons) Act 2017. The hon. Gentleman spoke very movingly, with his customary decency and power, on behalf of his constituent, whose brother went missing in the Galapagos.
I also pay tribute to my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), who is my friend, for his work on and success with his private Member’s Bill. He mentioned that parliamentary time is hard to come by and that getting a private Member’s Bill through is harder still. I have to say that he has exceptional skill in doing so, having done it not once but twice. I commend any colleague wishing to succeed with a private Member’s Bill to seek his wise counsel and guidance, or indeed his golden touch, in this space.
My hon. Friend rightly highlighted not only the support for the 2017 Act across the House, but how he got it across the line just in time. I have to declare an interest: I was proud to be in the Chamber that day to hear his speech. On that occasion he highlighted the case of Claudia Lawrence, who has been missing since 2009. Her father, Peter, is here today. While tributes to colleagues are important, I must pay the greatest tribute to him for his bravery and dedication in securing action by Parliament on this important issue.
The shadow Minister, the hon. Member for Ashfield (Gloria De Piero), made a powerful speech, as ever. It is always a pleasure to work with her. As she knows, when I say that I will do something, I tend to stick to that, and I intend to do so today. I know that she, with her customary courtesy but firmness, will hold me to account on that—she has today administered polite but firm prods to Her Majesty’s Government along those lines.
I am conscious that Members are frustrated, as they have expressed courteously but clearly, that the Act has not yet come into effect. As a Member who was in the Chamber that day, I share that frustration. I am pleased to reaffirm on the record the commitment made by my ministerial colleague, Lord Keen, that the Government are determined to implement the Act in July this year. The hon. Member for Enfield, Southgate asked what will happen should there be any delays or problems. First, should there be any, I will ensure that Parliament is fully informed. However, it is my determination to make sure that there are none and that we bring the Act into operation in July.
The Minister is making a genuine point, and I know from speaking to him and from asking questions of him in the House that he is determined to drive this forward. I am absolutely delighted about that, but will he give a commitment to all Members in the debate—looking around, they are the same ones who have been involved in these debates for years—that he will write to us to keep us updated and to make sure we deliver on that July timetable?
I am very happy to give that assurance and to write to all Members who have participated in the debate, as well as to others who could not be here today but who have taken a close interest in this issue. My hon. Friend pre-empts my mentioning him, but I put on the record my appreciation and, I know, everyone else’s, for his work in furthering this important cause.
Today is a significant marker on the route to implementation, not only because of our debate, but because it is the end of the consultation period, which began on 19 December last year with the publication of our consultation paper on the implementation of the Act. While I hear the shadow Minister’s points on that, I think it was right that we consulted. We are taking a novel approach to a new area of law, and it is important that we get it right.
I emphasise that the Government recognise and fully support the need for this legislation. I think it was the hon. Member for Islwyn (Chris Evans) who put it very clearly, saying that, prior to the Act, the law and provisions in this area were essentially a bit like crazy paving. He is absolutely right. The need for the legislation was therefore clear.
We understood that several families each year had no legal process to turn to in order to resolve urgent property or financial affairs for a family member or friend who had gone missing with no evidence of what had happened to them. That was set out by the hon. Member for Enfield, Southgate and, indeed, by my friend, the hon. Member for Strangford (Jim Shannon), who set out with his customary passion, determination and detailed research the vital need for this legislation to come into force. As ever, his constituents and the House are lucky to have him.
We understand that the terrible emotional distress and anxiety that families are already going through is increased as they seek to deal with everyday financial issues regarding their missing loved one. They cannot access bank accounts, savings or property transactions to intervene as they see those financial affairs potentially spiralling out of control. The creation of the new legal status of guardian of the property and financial affairs of a missing person will provide a structured way of dealing with financial affairs and property in the missing person’s best interests, under a legal process that builds in safeguards for all involved.
The consultation paper, to which I referred, set out the Ministry of Justice’s proposals for implementation of the Act. The Government are grateful for the comments we have received—both formally, in writing, and in numerous meetings that officials have convened in the past few months with a wide range of interested parties, following the commitment in the consultation paper to engage fully with stakeholders. Of course, we must now consider the views expressed to us. We intend to do that quickly and to publish the Government’s response to the consultation in early April, setting out the detail of the proposals for implementation.
As the consultation paper set out, there are several aspects to implementation of the Act, and all of them need to be completed successfully for it to come into force and work as intended. As I have mentioned, guardianship in this context is fairly novel; indeed, it is a significant change, so it is important that we get it right, with safeguards, but also ensure that the raft of complex legal and regulatory changes work as intended.
The first aspect is developing the rules of court and related practice directions for guardianship proceedings. Guardians can be appointed only by the High Court. Their appointment will be by a court order setting out the scope of their authority in relation to the property and financial affairs of the missing person. As I have said, the court to be designated for the process is the High Court. The decision on the court was made by the Lord Chancellor, following the required statutory consultation with the Lord Chief Justice.
Our intention is that applications to the High Court for a guardianship order will be made to the chancery division or the family division. This arrangement is modelled on the Inheritance (Provision for Family and Dependants) Act 1975 and the Presumption of Death Act 2013. This approach enables many of the existing rules of court and practice directions to be followed, so guardianship proceedings can be commenced under existing part 8 of the civil procedure rules, and applications after a case has started can be made via part 23. We will decide where to draw the line between the different rules over the coming months in considering the response to the consultation. However, although we can follow precedent, we are not obliged to do so, and if there are good reasons to create a new provision to cater for a particular feature of guardianship—for example, its limited duration—we are willing to look at that.
I can give an update: the work on the draft rules of court and practice directions is progressing well and efficiently, particularly through consultation with members of the judiciary and court officials who will be handling cases. The draft rules and practice directions will of course have to be considered and approved by the Civil Procedure Rule Committee. We intend to submit the drafts to the meetings of the committee in April and May. Once the committee has signed off the rules, they will be made and laid before Parliament for approval under the negative resolution procedure. The rules will be given effect through administrative procedures that will have to be created by Her Majesty’s Courts and Tribunals Service. Work is already under way in preparation for that.
The second major aspect of implementation is the making of regulations to enable the Public Guardian to register and supervise guardians. These regulations will be made under section 58 of the Mental Capacity Act 2005. We expect that they will be similar to those applying to deputies who are appointed by the Court of Protection to manage the property and financial affairs of individuals who lack the mental capacity to do so themselves. These regulations will provide a legal framework, but the Public Guardian will also have to develop procedures to provide a supervisory and registration service. That work is also well under way, and good progress is being made.
This Act provides for the Public Guardian to establish and maintain a register of guardianship orders. The Public Guardian will also be responsible for supervision of guardians. We propose that a guardianship order will specify when the guardian is to report to the Public Guardian. The Public Guardian will deal with complaints about the conduct of guardians, including safeguarding concerns, but will also be able to offer advice and guidance, which we think will provide considerable assistance to guardians, as the equivalent advice and guidance does for deputies at the moment.
Deputies usually have to provide a security or surety bond or proof of adequate professional indemnity insurance to the Public Guardian. We anticipate that there will be similar arrangements for guardians under this Act. The Public Guardian will receive the bond and hold it against any risk of a missing person’s estate being misused and facing financial loss through the actions of the guardian.
I would like to take this opportunity to pay tribute to the Public Guardian and his office for their work to date in preparing for implementation of the Act. More broadly, ahead of his retirement later this year, I pay tribute to the Public Guardian, Alan Eccles, as an exemplary public servant who has done much to bring this issue to the fore and into greater public consciousness during his term of office.
The third aspect on which we have consulted is the fees for the new service. These are of two types. The first is court fees, and the proposal in the consultation is to adopt the existing fees in the High Court’s two divisions for the procedures concerned. This mirrors the approach taken for fees under the Presumption of Death Act 2013. The second type of fee is that levied by the Public Guardian for registration and supervision of guardians. These will be new fees, but the expectation in the consultation is that the approach will follow that taken by the Public Guardian in relation to existing fees for deputies. For both these types of fees, we expect that there will be the usual exemptions and remissions.
I have to say that this is not a simple process, because the fees are currently calculated to strike a balance between being affordable and covering the costs of operating the system. Obviously, for something new, it is difficult to estimate both what the costs will be and what the volume of cases will be, but it is important that we strike the right balance between ensuring that costs are covered and not allowing a situation whereby, in the initial months, when there may be only a few applications, people face a prohibitive fee. We need to strike an appropriate balance.
The fourth and final aspect on which we have consulted is the content of a draft code of practice offering guidance to guardians and those considering whether to make a guardianship application. The Act requires the Lord Chancellor to issue a code of practice, and we intend to do that when the Act comes into force. In drawing up the draft code, we have been at pains to make it as accessible as possible to the layperson, and it features a glossary of terms and a number of examples of scenarios that may be faced by the family and friends of missing people. However, we know from the comments that we have received that we can make further progress towards that objective.
The draft code explains key concepts underpinning the Act and goes into some detail on the broad range of duties that guardians will carry out. The aim is that it will assist guardians to understand their responsibilities and equip them to meet their duties. It also aims to explain their powers and the limitations of those powers, as well as where guardians can turn for help. Once the content of the rules and regulations has been settled in the light of the consultation responses, we will include them in the code of practice. The code will be an important resource for guardians and people dealing with them. We intend to lay a draft before Parliament at least 40 days before it is issued, but in the meantime we intend to publish a revised draft in response to the consultation.
I will now address one of the points made by the hon. Member for Islwyn—my pronunciation of the name of his constituency will get better one of these days—in respect of relationships with financial institutions, both in the lead-up to the Act and once the Act is fully in force. Financial institutions are already getting engaged with this process and getting on board with these changes. Officials are ensuring that there is strong engagement directly with financial institutions to discuss setting up new systems for the process in guardianship cases, to ensure that it is as simple and efficient as possible for those who have to go through the pain of this situation.
The designation of the High Court, which I mentioned, will require a statutory instrument.
I want to refresh the Minister’s memory about one the requests I made to him, on the back of which the hon. Member for Islwyn (Chris Evans) came in as well. The Police Service of Northern Ireland has a statistical central catalogue of all the missing people, and it periodically publishes their names in the provincial press to remind people. I know it is not the Minister’s direct responsibility, but could he ask the correct Minister about having a central location for a catalogue of those who have gone missing across the United Kingdom of Great Britain and Northern Ireland? That would ensure that people could look at it whenever they want. Would he also take on the idea suggested by the hon. Member for Islwyn about having copies of a photograph of these people? That could be done in conjunction with a person’s family. It would highlight missing people on a regular basis, and may jog people’s memories to give a bit of evidence, which may make a difference.
The hon. Members for Strangford and for Islwyn—if I keep saying it, I will get it right—have both made powerful points, which I am happy to explore with ministerial colleagues.
The designation of the High Court will require a statutory instrument. I hope that when we get to the stage of having to lay those pieces of delegated legislation, we preserve a bipartisan and non-party political approach, to ensure that we get the regulations right and get them through as swiftly as we can.
Before finishing, I place on record my thanks to the charity Missing People, which has continued to engage with the Ministry in the preparation of the consultation and the draft legislation, and which has kindly acted as an intermediary to collect and collate responses to the consultation from families it knows who have been directly affected by people going missing.
In conclusion, I thank the hon. Member for Enfield, Southgate for bringing the topic of guardianship of missing persons before us today. I thank all the hon. Members who have taken part and who have pursued the issue, both today and over many months and years. I also thank you, Mr Hollobone, for chairing the debate. The Act is not only needed and practically important, but quite simply the right thing to do. There is still more work to do to implement the Act in July, but I and the Government know how important this legislation is to many families, who do not have any legal recourse at the moment, and I will do everything in my power to ensure that, in July, we make the ambition and intent of this Act a reality for our country, our communities and those who suffer the dreadful pain of a loved one going missing.
(5 years, 6 months ago)
Commons ChamberDomestic abuse is a dreadful crime. We are determined to ensure that those who commit it face justice and that the victims of it are supported and feel able to come forward. A range of measures is available to support victims in taking their abuser to court, including eligibility to apply for special measures, and the use of video links and recorded evidence. However, we believe that we can and should do more, as we set out in the draft Domestic Abuse Bill, which was published last week.
In June 2012, Eystna Blunnie, a 20-year-old, heavily pregnant young woman, was unlawfully beaten to death by her abusive former partner—her unborn child also died—despite the abuser being known to the authorities and the Crown Prosecution Service. Will my hon. Friend take steps to strengthen the support and protection available to victims of domestic abuse to help to prevent such tragedies from ever happening again and so that such a situation never occurs in Harlow again?
I was sorry to hear about the dreadful and tragic case of Eystna Blunnie in my hon. Friend’s constituency. Strengthening the protections that are available to victims lies at the heart of the draft Bill. Its provisions include automatic eligibility for special measures in court for domestic abuse victims and, to better protect victims, a new domestic abuse protection order to enforce more stringent conditions on suspected and convicted perpetrators where breach will constitute a criminal offence.
Before Christmas, Sammy Woodhouse and I met the Under-Secretary of State for Justice, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer). Will the Minister update the House on the action taken after that meeting, particularly in relation to guidance issued to local authorities on exemption regarding the duty to notify? Is the Department willing to conduct a review to get to the heart of the scale of the issue that affected Sammy?
I pay tribute to the hon. Lady and to Sammy for their work in highlighting the terrible situation and looking at what more can be done. I know that she had a positive meeting with my hon. and learned Friend and we are determined that the family court system should never be used to coerce or re-victimise those who have been abused. My hon. and learned Friend is liaising with the Association of Directors of Adult Social Services in respect of councils’ obligations and has invited the president of the family division to consider clarifying the practice direction on notification.
The Public Accounts Committee held an inquiry into children’s social services yesterday. Does my hon. Friend agree that domestic violence is one of the key causes of the growth in the number of children being taken into care in local authorities? Will the Department work closely with the Department for Education to ensure that children’s social services have the information and finances that they need to deal with that growing problem?
I can offer my hon. Friend the reassurance that we are working extremely closely with colleagues across Government to do that. We often see that some of the young people who end up in the criminal justice system have come from homes or families where they have witnessed domestic abuse. It is incumbent on us all to do all we can to tackle that.
Practice direction 12J requires that a court must be sure, when ordering parental contact, that neither the child nor the other parent is at risk of harm. The direction makes it clear that this is an obligatory requirement, but campaign groups and lawyers say that its implementation is patchy, as we saw in the Sammy Woodhouse case. Will the Government task the new domestic abuse commissioner with responsibility for monitoring its implementation, with annual reports of any breaches to be laid before Parliament?
I am grateful to the shadow Minister for her question, and I should have said in response to the hon. Member for Sheffield, Heeley (Louise Haigh) that I knew that the shadow Minister was concerned about this case and had done work on it. As I have set out, in the shorter term we have asked the president of the family division to look at that practice guidance to see whether it is working as it should. The hon. Lady mentioned the domestic abuse commissioner. In the context of the draft Domestic Abuse Bill, the commissioner will have powers to investigate these matters. I would be happy to meet the hon. Lady, as my opposite number, to discuss how that might work in practice.
The victims strategy is the first time that we have looked in such detail and in such a joined-up way at how we treat victims of crime. The strategy provides the vision for the Government’s approach to victims. The Government’s violence against women and girls strategy refresh and draft domestic abuse Bill have been developed with this vision in mind, and have been designed to sit within the framework of the wider victims strategy. The Bill is a joint Home Office and MOJ Bill, with close ministerial and official-level working to ensure close alignment.
To return to a theme raised on the Opposition Benches earlier, there is great support on the Government Benches for closing the loophole that may allow convicted rapists to gain notification rights to children conceived through those heinous crimes. Will the Minister assure me that if it turns out that practice directions will not have the requisite strength, legislation will be looked at? When he meets the hon. Member for Ashfield (Gloria De Piero) to discuss the possibility of the commissioner having powers with regard to practice direction 12C, will he consider including practice direction 12J under those same powers? That will also give safeguards to women and children.
Building on the answer that I gave to the shadow Minister, I hear what my hon. Friend says and I know his work in this area and his commitment on the issue. I am very happy to look at the points that he raises. It is a draft Bill and I very much hope that he will consider putting his views to us in that process.
For many victims of domestic violence and coercive control, like my constituent Chloe, and for their families, the process of giving evidence and preparing for trial adds to the pain of the original abuse. What is the Minister doing to support vulnerable witnesses, including victims of domestic abuse?
We are determined to improve the family justice response to vulnerable witnesses, including people such as my hon. Friend’s constituent Chloe and victims of domestic abuse. Family judges have a range of powers to make sure that difficult courtroom situations are handled sensitively. In particular, we are looking to give the courts a specific power to prevent perpetrators of certain offences, including domestic abuse, from cross-examining their victims in person. We will also give the courts the power, in certain circumstances, to appoint a lawyer to conduct cross-examination on the preventive party’s behalf.
In the victims strategy published on 10 September, we committed to consult on the detail of a victims law in the course of 2019. In taking that work forward, we have already begun discussions with both victims and victims’ groups. We will consult on amending the victims code before bringing forward detailed proposals for a victims law. That will allow us to update entitlements to ensure that they better reflect victims’ needs before considering the detail of legislation.
I welcome the Department’s victims strategy, particularly the review of the criminal injuries compensation scheme. The Manchester Arena bombing almost two years ago left people with serious and life-changing injuries and brought to light questions about the scheme’s suitability in providing support for victims of terrorism. Will my hon. Friend outline what plans are being considered by the Department to improve support for victims of major tragedies such as the Manchester bombing?
The Government are committed to ensuring that victims of terrorist attacks such as the Manchester Arena bombing receive the help and support that they need. In the victims strategy, we set out our intention to consult on changes to the criminal injuries compensation scheme, including considering how the scheme can better serve victims of terrorism. Terms of reference were published on 18 December 2018, with the review expected to report this year.
My constituent, Helen Hill, whose husband was murdered in 2002, has started a petition that has more than 8,000 names. The petition is about having supervision for life for murderers. I am sure the Minister understands the suffering that she has endured and is enduring to this day. Is not she the sort of person to whom he should be talking as a result of this, and will he please agree to meet me and Mrs Hill in the near future?
I am grateful to the hon. Gentleman for raising that specific case and I am very happy to meet him.
As far as possible, we believe that children should be diverted from the criminal justice system through liaison and diversion services. A custodial sentence should be used only as a last resort. As we have seen over the past 10 years, the number of children entering the criminal justice system has fallen by 86%, with the number getting custodial sentences falling equally dramatically.
According to the latest research, between 40,000 and 120,000 children are born every year with foetal alcohol spectrum disorders. Those with FASD often do not understand consequences, so will the Minister look at the special courts that have been set up in Canada, designed to reduce reoffending by helping those with FASD to understand the consequences of their actions?
The hon. Gentleman makes an important point. If he writes to me with more details, I will be happy to look at the matter.
If the hon. Member for Mid Derbyshire (Mrs Latham) were standing on this question, I would call her; if she does not, I will not.
No, no, not now. The hon. Gentleman can work up his question while the Minister is responding to the hon. Lady. [Interruption.] No, no, I am giving him preparation time; he should be thanking me.
My hon. Friend the Member for Mid Derbyshire (Mrs Latham) makes an important point about the importance of stable accommodation, which can play a key part in reducing reoffending and giving people the opportunity to get their life back on the right track. We are working with partners across the Government, local authorities and others to ensure that the system works for those people.
Reducing reoffending is a key goal of the prison system, as we set out in the White Paper. Plans such as the New Futures Network show that we are serious about this. Research published by the Ministry of Justice last year showed that prisoners who have undertaken learning activity have a significantly lower reoffending rate on release than their peers, with a one-year proven reoffending rate that is 7.5 percentage points lower. Offenders who found P45 employment in the year after leaving prison had one-year reoffending rates that were six to nine percentage points lower than similar offenders who did not find employment.
While the total number of children in prison has declined over the years, the number of black and minority ethnic children in the prison system has remained static. How can the Lord Chancellor reassure BME communities that their children are not being disproportionately targeted?
The shadow Minister makes an important point, building on the point made earlier by the right hon. Member for Tottenham (Mr Lammy). I am concerned about the black, Asian and minority ethnic people in custody. As the Lord Chancellor has said, we take this matter very seriously. This runs through our response to the Lammy review and the race disproportionality work that we undertake in the Department. I would be happy to meet the hon. Lady on this topic, if she would like me to.
We take the Karen White case very seriously. In the light of that, we are reviewing both the content of prison service instruction 17/2016, which sets the policy on these questions, and its application. New guidelines will be published shortly, to ensure that it continues to strike the right balance between ensuring that all female prisoners are kept safe, that transgender prisoners have their rights respected and that we comply with our legal obligations under statute.
(5 years, 8 months ago)
Commons ChamberI am grateful to my hon. Friend for that question. Further to the Secretary of State’s answer a few moments ago and the tabling today of the written ministerial statement on the review of the overall scheme, let me say that earlier this year we committed to remove the pre-1979 same roof rule more swiftly. In that context, I pay tribute to the work of the hon. Member for Rotherham (Sarah Champion) in her campaign on this issue. As the Secretary of State has said, we anticipate, subject to the parliamentary timetable, to be able to lay an order as swiftly as possible.
It is of course for magistrates to make decisions and they do have the right to overturn recommendations. However, as my hon. Friend says, when making those decisions, they should be in possession of the full facts from the youth offending teams, the police and the CPS. She is right to highlight the importance of information sharing and sharing that information in good time. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), and I continue to work on that.
The Government’s ideological experiment of privatising probation has been a calamitous failure. It was such a flawed idea that even this Government have had to cancel the current private contracts, which were costing the public more and more money while leaving them less and less safe. Yet the Government are set to re-tender those contracts back to the private sector. Interserve is currently the largest probation provider, supervising 40,000 offenders, yet it is now in rescue talks, trying not to become the next Carillion. So will the Justice Secretary commit today to ensuring that Interserve is not awarded any of the new private probation contracts?
I welcome any initiative that aims to combat knife crime by educating young people about the potentially devastating impact it can have, not only on victims and their families but on the perpetrators themselves. I pay tribute to the work that my hon. Friend has highlighted and would be happy to learn more about it. We must all do more to tackle serious violence, which is exactly what the Government are doing.
In the name of fairness to colleagues, those asking a question should confine themselves to a single short sentence.
I am grateful to the hon. Lady for that question. She rightly highlights a very important issue. I work closely with my opposite number in the Home Office, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), on tackling domestic abuse. We will be publishing a draft domestic abuse Bill and consultation response shortly. In respect of the hon. Lady’s specific point, I am very happy to meet her and discuss it further.
With which specific countries are the Government negotiating new compulsory prisoner transfer agreements?
Will the Secretary of State commit to implementing the recommendations of the independent Mental Health Act review to reform mental health tribunals and will the Government commit adequate resourcing to the recommendations?
As the hon. Lady will be aware, the Government have welcomed the independent review of the Mental Health Act and have rightly committed to reform mental health legislation. Some of the review’s recommendations, as she alludes to, have particular implications for civil justice and particular reforms to the Mental Health Tribunal. My Department is working closely with the Department of Health and Social Care to consider the review, its recommendations and implications in detail and we will respond shortly.
Today, it has been confirmed that three quarters of all Welsh female prisoners are serving a custodial sentence of less than six months. There is no women’s centre in Wales, so may I ask the Minister to introduce new funding for a women’s centre in Wales, so that we are able to have different ways of putting women forward, other than custodial sentences, because it is not working?
The hon. Gentleman makes an important point. Something that runs through our female offender strategy is moving away from short sentences to alternative provisions. He highlights a particular issue in the context of Wales. It is something on which I have had discussions with the previous Cabinet Secretary, Alun Davies, and I look forward to meeting his successor in that role to have further discussions.
Many of those convicted of murder under joint enterprise thought that they would be able to seek appeals of their convictions after the Supreme Court ruling that the law had taken a wrong turn. However, the recent loss of the Laura Mitchell case, the first brought by the Criminal Cases Review Commission, has shown that the appeal bar is impossibly high. What will the Government do about that?
Ofsted’s recent annual report yet again raised its concerns about high levels of violence in children’s secure training centres. The use of pain-inducing restraint techniques in youth prisons and right across the secure estate has been found to carry up to a 60% chance of causing serious injury to children. This is Government-sanctioned abuse of children. When is it going to end?
As the hon. Lady will be aware, we have commissioned an independent review, which is being led by Charlie Taylor. I look forward to receiving his report in due course.
When we debated legal aid last month, the Minister was expecting to publish the LASPO review before Christmas. It is already eight months late, so will she tell us the date on which it will now be published? Why are we not getting it until next year? What is the reason for the delay?