Justice Update

Edward Argar Excerpts

Tuesday 17th July 2018 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

I have laid a draft proposal for a remedial order to amend section 9 of the Human Rights Act 1998 (HRA) to allow an award of damages in a new set of circumstances. This is to implement the judgment of the European Court of Human Rights (ECtHR) in Hammerton v. UK (application no. 6287/10).

The domestic courts found that the applicant in Hammerton v. UK had spent extra time in prison as a result of procedural errors during his committal which breached his rights under article 6 of the European convention on human rights (ECHR) as set out in the HRA (right to a fair trial). He was subsequently unable to obtain damages to compensate for the breach of Article 6 ECHR in the domestic courts because section 9(3) HRA does not allow damages to be awarded in proceedings in respect of a judicial act done in good faith, except to compensate a person to the extent required by article 5(5) ECHR (deprivation of liberty).

In 2016, the ECtHR found a breach of article 6 ECHR and adopted the finding of the domestic court that the applicant had spent extra time in prison as a result of the breach. The ECtHR found that the applicant’s inability to receive damages in the domestic courts in the particular circumstances of this case led to a violation of article 13 ECHR (right to an effective remedy). The ECtHR awarded a sum in damages which has been paid.

Under article 46 ECHR, the UK is obliged to abide by the judgment of the ECtHR in any case to which it is a party. In order to address the finding of a violation of article 13 ECHR in Hammerton, legislative change is required as it was the result of a statutory bar on the award of damages under the existing section 9(3) HRA.

The Government propose to implement the judgment by making a targeted amendment to section 9 HRA to make damages available in respect of breaches of article 6 ECHR arising under similar circumstances to those in Hammerton. It would have the effect that:

in proceedings for contempt of court;

where a person does not have legal representation, in breach of article 6 ECHR; and

the person is committed to prison and the breach of article 6 results in the person spending more time in prison than they otherwise would have done, or causes them to be committed to prison when they would not otherwise have been committed;

then a financial remedy would be available to the person to compensate for the breach of article 6 ECHR that resulted in the person spending extra time in prison, or caused them to be committed to prison.

Following consideration of possible legislative options, the Government consider that there are compelling reasons to amend the HRA by remedial order under the power in section 10 HRA to take remedial action where a provision of legislation is incompatible with an obligation of the United Kingdom arising from the ECHR.

This draft proposal for a remedial order is being laid under the non-urgent procedure. It will be laid for a period of 60 days during which time representations may be made. The Joint Committee on Human Rights will scrutinise the remedial order and report on it to the House. Following that, the draft order, with any revisions the Government wish to make, will be laid for a further 60 days before being considered and voted on by both Houses.

[HCWS863]

Oral Answers to Questions

Edward Argar Excerpts

Tuesday 10th July 2018 Commons Chamber

[Maggie Throup (Erewash) (Con)]

11. What steps the Government are taking to reform the youth justice system.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

Since the creation of our youth justice reform programme in 2017, reports by Her Majesty’s inspectorate of prisons have highlighted improvements in the youth secure estate. It is encouraging to see that our reforms are starting to have an impact on the ground, but there is more to do, which is why we are continuing to invest in system-wide reform further to improve safety and outcomes, and why we are expanding frontline public sector staff capacity at young offender institutions. That is why this is a priority for me and for the Secretary of State.

[Dr Johnson]

I congratulate my hon. Friend on his promotion to a ministerial role. Many children and young people in custody have poor educational attainment. What is he doing to ensure that children in custody have access to good education?

[Edward Argar]

I thank my hon. Friend for her comments. Her work with young people, on both their health and welfare, is well known.

Education should be at the heart of youth custody and must meet the needs of young people. It is there to prepare them for employment, an apprenticeship or continued education when they are resettled back into their communities. We are building more flexibility into the core day, which is designed to ensure that all children receive an individualised education programme tailored to their needs. We are working with each YOI on plans for improving delivery of education to those young people who are unwilling or unable to participate in the mainstream regime.

[Maggie Throup]

I also welcome my hon. Friend to his new role. Does he agree that, although these reforms are welcome, they form only part of the solution? Can he outline what work his Department is doing to support community-based projects, which can play a crucial part in preventing more young people from entering the youth justice system in the first place?

[Edward Argar]

My hon. Friend makes an important point, and I agree that support in the community plays a vital role in our efforts to reduce the number of those entering youth custody. I am clear that custodial sentences should be handed down only when absolutely necessary, which is why we have provided £72 million to the Youth Justice Board for the youth offending teams that deliver youth justice services and for community-based interventions.

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

19. What is the Minister doing on the mental wellbeing of first-time offenders? Has he spoken to the Secretary of State for Health and Social Care about that?

[Edward Argar]

The hon. Gentleman highlights an extremely important point, because we know the evidence shows that first-time offenders, particularly youth offenders, often display a multitude of challenges in their background, including in their mental health. I have already had informal discussions with the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Thurrock (Jackie Doyle-Price). She and I have regular bilaterals scheduled to discuss exactly this sort of issue.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

Howard League research shows that children aged 16 and 17 who are living in children’s homes are at least 15 times more likely than other children of the same age to be criminalised. What discussions have Ministers had with other Departments about reducing the number of care leavers in our justice system?

[Edward Argar]

I hope that the hon. Lady will allow me to point to my future intentions. Having been in post for just shy of three weeks, I have not yet had any formal discussions; I have had the informal discussions I mentioned. I intend that bilateral meetings with colleagues in the Department of Health and Social Care and the Ministry of Housing, Communities and Local Government will be part of my regular meetings programme.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I, too, warmly congratulate my hon. Friend on his appointment. With nearly 80% of young offenders who are sentenced to a short term of imprisonment going on to reoffend, prison is not working. It is not working for them, or for the victims of crime, which means there are more victims of crime. Will he consider a presumption against short-term sentences and instead consider a rigorous community system with a focus on rehabilitation?

[Edward Argar]

Although it is right that sentencing decisions should always rest with the judiciary and a custodial sentence should always be an option where the nature of the offence absolutely merits it, given the persuasive evidence that short custodial sentences are not the most effective way to secure rehabilitation and reduce reoffending, we will be looking at what more we can do to provide alternatives and to highlight that short custodial sentences should be used only as a last resort.

[Mr David Lammy (Tottenham) (Lab)]

I, too, welcome the new Minister to his position. May I recommend to him the Lammy review? In it he will see that there is tremendous concern that the youth prison population now is 43% from a black or ethnic minority background. Will he look closely at its recommendations and can I meet him soon?

[Edward Argar]

First, I commend the right hon. Gentleman for his work on that review, which is well known to this House and beyond. It is an excellent review, with an excellent report, which was one of the first documents I read upon my appointment. I considered all its 35 recommendations carefully and I am absolutely delighted to agree to meet him.

[Richard Burgon (Leeds East) (Lab)]

The last inspection report on Oakhill said that there is no evidence that the 80 children held there are adequately cared for. Oakhill is managed by G4S. I have been asking parliamentary questions about whether G4S is meeting its contractual obligations there and the answers are revealing:

“The Contract for Oakhill STC is between the Secretary of State for Justice and STC Milton Keynes Ltd (the Contractor), of which G4S is their Operating Sub-Contractor. We therefore do not have information on the proportion of contractual obligations that G4S has met.”

Does the Minister agree that that is yet more proof that outsourcing and privatisation should be ended in our prison system?

[Edward Argar]

It is a pleasure to answer the shadow Secretary of State from the Dispatch Box. He highlights an extremely important issue. I believe there is a role for the public, private, and voluntary and philanthropic sectors in our justice system. He highlights the issues at Oakhill. Ofsted’s findings in the inspection report on Oakhill at the end of last year are unacceptable, and we took urgent action to address the concerns raised. We are robustly monitoring performance against the contract, and I am clear that all options remain on the table.

[Catherine West (Hornsey and Wood Green) (Lab)]

4. What steps he is taking to improve wages and conditions for staff of his Department who are on low pay.

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[Helen Whately (Faversham and Mid Kent) (Con)]

9. What steps the Government is taking to improve the management of female offenders in the criminal justice system.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

I am pleased that, as my right hon. Friend the Secretary of State has set out, on 27 June we published our new strategy for female offenders. This set out our vision and plans to improve outcomes for women in the community and in custody, but, most importantly in doing so, to help reduce reoffending and see fewer victims of crime. A key theme of the strategy is the need for a joined-up approach to addressing the often complex needs of female offenders, including through new women’s residential centres, which give judges an alternative to short custodial sentences.

[Helen Whately]

I congratulate my hon. Friend on his new role. East Sutton Park prison in my constituency has a fabulous reputation for preparing women offenders for life back in the real world. For instance, 90% of its inmates do not reoffend within two years, which, as he will know, is much better than the general national statistics. While I welcome the plans to reduce custodial sentences for women, may I ask for his support for this model prison in my constituency and invite him to come and see it for himself?

[Edward Argar]

As I highlighted in my response to my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), while a custodial sentence should always be an option, there is strong evidence that short custodial sentences do not achieve the best rehabilitation and reduction of reoffending outcomes. I recognise that women’s prisons, including East Sutton Park, of which my hon. Friend is a strong champion in this Chamber, are among our best. We will continue to work with it and I would be delighted to visit.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Given that Baroness Corston’s seminal 2007 review of women in prison set out a clear case for the benefit of women’s centres and said that they should be at the centre of a successful strategy on female offending, why are the Government insisting on piloting this when we already know that it works? Is it because of lack of funding?

[Edward Argar]

I pay tribute to the work of Baroness Corston in her ground-breaking 2007 report, and indeed to the work of the right hon. Member for Delyn (David Hanson), who took some of this forward in his time as a Minister. The landscape of the evidence base on reoffending has continued to evolve and change. We continue to work with that model. We believe that the steps we have set out for five residential women’s centres as a pilot is the right way to approach this, but it remains only a first step on a journey.

[Victoria Prentis (Banbury) (Con)]

I welcome the Government’s new women’s strategy. May I encourage the Minister, who I welcome to his place, shortly to meet the all-party parliamentary group on women in the penal system, and to work with me and Baroness Corston to ensure that we can deliver these reforms at pace?

[Edward Argar]

I pay tribute to Baroness Corston for her work. My hon. Friend is far too modest to highlight her own significant contribution in this area and her significant work with Baroness Corston. I have already written to the APPG that she chairs and would be absolutely delighted to come and meet it.

[Mr Speaker]

Well, it runs in the family, because the hon. Lady’s dad, as many will remember, was a very modest man, with nothing to be modest about.

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

New Hall, one of the largest women’s prisons, is close to my constituency. The message that I am getting from it recently is, first, about the evaluation of whether new prisoners are literate or numerate, and whether they have problems with autism. Secondly, it demands that all women prisoners should be safe and secure from sexual depredation when they are serving their sentence.

[Edward Argar]

The hon. Gentleman is right to highlight that safety should be at the heart of everything we do in our custodial estate, be that for female prisoners, male prisoners or young offenders. That is safety for the prisoners, safety for their fellow prisoners and safety for the prison officers who are looking after them. It remains a priority for me.

[Imran Hussain (Bradford East) (Lab)]

The Government’s Advisory Board for Female Offenders identified £50 million that had been earmarked for building women’s prisons. Can the Minister guarantee today that all of that £50 million will be reinvested in the female offender strategy, or is this just another example of the Government’s refusal to properly fund that strategy?

[Edward Argar]

First, I pay tribute to the work of that panel and those on it. Although I have not yet had the opportunity to formally chair a meeting of the panel, I met a number of panel members at an informal meeting. The Ministry and this Government have never put a figure on the prison building programme. That is not a figure that I recognise. We have been very clear that our priority is investing in the strategy that the Secretary of State launched. We have already set out £5 million for that and made it clear that it is only the first step.

[Sarah Jones (Croydon Central) (Lab)]

12. What plans the Government have made to improve access to healthcare for prisoners.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

Offender health is a key part of delivering a secure and safe environment for those in our custody. I will appear before the Select Committee on Health this afternoon to address questions on exactly that topic, and we continue to see investment in progress in this area.

[Sarah Jones]

My constituent has multiple sclerosis. He went to prison nine months ago, newly diagnosed and relatively healthy. Now he has two hearing aids, is partially sighted and has to use a wheelchair. Despite that extreme deterioration, he was only taken to see a neurologist seven months after his arrival in prison. As a vulnerable inmate, is he not owed a duty of care by the prison? At the very least, should he not be moved to a category D prison closer to home?

[Edward Argar]

I am grateful for the hon. Lady’s question. While it is not for me to talk about the categorisation of a particular prisoner, and I cannot go into the specific details of that case on the Floor of the House, I will say, as I said in answer to her initial question, that the care, health and wellbeing of prisoners is all of our concern. If she feels it would be helpful to discuss the specific case she mentions, I am happy to meet her.

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[Mark Pawsey (Rugby) (Con)]

14. What assessment his Department has made of the contribution of sport to effective outcomes in the criminal justice system.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

There is good evidence that sport and physical activity have considerable benefits for the physical, mental and social wellbeing and motivation of prisoners while they are in custody and can improve their prospects for successful resettlement in the community. To understand the fuller picture, Professor Rosie Meek of Royal Holloway, University of London was commissioned to undertake an independent review of the role of sport in youth justice. Her report will be published shortly, and we will respond to it.

[Mark Pawsey]

Programmes run by professional rugby clubs—such as the England-wide Hitz programme, which is run in my nearest premiership club, Wasps, and Saracens’ Get Onside in London—build up career aspirations for young offenders and those excluded from school. We have already heard that rates of reoffending are too high, but the Get Onside programme prevents 92% of the young offenders involved from returning to crime. Does the Minister recognise the benefit of these sports-based programmes?

[Edward Argar]

I am absolutely delighted to join my hon. Friend in highlighting the important and successful programmes of this sort that are run by clubs such as Saracens. They are already using sport and team sports such as rugby to improve outcomes in prison effectively, but also, importantly, to reduce reoffending on release. He is absolutely right to praise them.

[Nick Smith (Blaenau Gwent) (Lab)]

One of my constituents is concerned that her son has put on significant weight in prison. What are the Government doing to provide health education, sport and a better diet to help offenders?

[Edward Argar]

The hon. Gentleman is absolutely right to highlight that all three of those factors play a part in whether a prison is a safe place and whether it looks after the welfare of those in it. As I have highlighted, we continue to focus on sport, and we have commissioned a review, and we continue, as does Her Majesty’s inspectorate of prisons in holding us to account, to deliver a healthy regime in prisons.

[Tom Pursglove (Corby) (Con)]

15. What steps the Government are taking to protect prison officers from violent behaviour.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

My hon. Friend is right to highlight the important role of restorative justice. The Ministry of Justice supports the provision of victim-focused restorative justice as one of a range of measures to help victims to cope with and recover from crime. A recent evaluation showed that 85% of victims who participated in restorative justice said they were satisfied with the experience, which can, of course, bring benefits to the community as well.

[Richard Burgon (Leeds East) (Lab)]

In my first two questions today, I focused on the widespread failings of privatisation in our justice system. I have written to the Secretary of State about the close relationship that his Department has with outsourcing giant Serco, a relationship that is ever closer given that his new Minister was once its spin doctor-in-chief. Will the Secretary of State confirm to the House today that he has reorganised responsibilities in his Department, so that his new Minister in charge of youth justice will not be involved in any way in any of the young offender institutions that Serco manages?

[Julian Sturdy (York Outer) (Con)]

T6. Although the Guardianship (Missing Persons) Act 2017 has received Royal Assent, families of missing people are still unable to make applications to become guardians of their loved ones’ affairs. Will they be able to do so before the end of this calendar year?

[Edward Argar]

My hon. Friend is right to highlight this important issue, and I pay tribute to my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for successfully piloting the 2017 Act on to the statute book. Department officials are currently drafting rules of court regulations and a code of practice, so that those drafts can be finalised and consulted on. I am keen that we make as rapid progress as possible.

[Liz Twist (Blaydon) (Lab)]

T2. An increasing number of cases have been reported in the press where victims of serious crime, including a man who was deliberately infected with HIV, are not getting the compensation they are entitled to because of minor unspent convictions. Will the Minister commit today to reviewing the rules governing the Criminal Injuries Compensation Authority to ensure that victims are not denied compensation for having minor unspent convictions?

[Edward Argar]

The hon. Lady highlights an important issue. As she will be aware, the rules that govern how the Criminal Injuries Compensation Authority operates are set by this House, but it operates entirely independently of Ministers in its awards and in its application of those rules. She highlights an important issue, which I know the Secretary of State will have heard very clearly.

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[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

T7. Following the question from the hon. Member for York Outer (Julian Sturdy), campaigners supporting missing people and their families are concerned, despite assurances that a timetable for implementation of the Guardianship (Missing Persons) Act 2017 would be set out before the summer. Will the Minister give the families the assurance of a specific timetable for the implementation of this vital Act and clarify when the rules of court will be published?

[Edward Argar]

I entirely understand the concern of the hon. Lady, many hon. Members and many members of the public about this issue and their determination to see this delivered. I share that determination, but it is important that, while we work at pace, we ensure that the rules of court are correct. I am determined to make sure that we do everything we can to speed it up.

[Andrew Selous (South West Bedfordshire) (Con)]

What analysis has the Ministry of Justice done on how well the public sector is doing in taking on ex-offenders in employment? Does the Minister agree that we cannot just exhort the private sector to step up to the plate in this area if the public sector is not leading by example?

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[Sir Mike Penning (Hemel Hempstead) (Con)]

On behalf of the Government, I stood at the Dispatch Box beside the Treasury Bench and promised the country that we would have a victims law. May I ask the Minister where that victims law is?

[Edward Argar]

I am grateful to my right hon. Friend for that question, and I know that the House is grateful to him for his work and his tireless campaigning in this area. We have made it clear that we are committed to bringing forward a victim strategy this summer, which will look at both legislative and non-legislative options for delivering what he mentions. I would be delighted to meet him to discuss it further.

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

T10. In the light of the tragic hit-and-run accident in Coventry some time ago, in which two children were killed and a family devastated, are there any plans to review the law and sentencing in that area?

Paupers' Funerals

Edward Argar Excerpts

Thursday 5th July 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

It is a pleasure to be responding to my first debate at the Dispatch Box with you, Madam Deputy Speaker, in the Chair, who were presiding when I made my maiden speech, and to be responding to my right hon. Friend, and indeed my friend, the Member for South Holland and The Deepings (Mr Hayes).

My right hon. Friend spoke with his famed eloquence and passion, but also with typical compassion, on a hugely important issue about which, in our compassionate and decent society, we should all care. As he said, a funeral plays a huge part in helping all of us, at one of the most difficult points in our lives, come to terms with loss and grief. This issue was also more broadly raised in a debate in Westminster Hall last October by the hon. Member for Mitcham and Morden (Siobhain McDonagh).

Public health funerals are likely to become necessary when either, sadly, a deceased person dies alone with no family or friends to organise a funeral or because the bereaved family does not, or is for various reasons unable to, make funeral arrangements. In either situation, the relevant local authority has a statutory duty under section 46 of the Public Health (Control of Disease) Act 1984 to make arrangements for the disposal of the body. To respond to my right hon. Friend’s points, it is important to highlight that the 1984 Act contains no statutory requirement for the local authority to make any arrangements beyond that, nor is it prescriptive of how they deliver on their obligation nor does it contain provision for regulations for statutory guidance or instruction on how they must do so. However, I hear my right hon. Friend’s point, and I have asked my Department to clarify and confirm that my understanding of that position is correct.

In a humane and civilised society, it is reasonable, and indeed proper, to expect that the deceased person and, where they can be involved, their bereaved family are treated with the dignity and compassion they deserve. I am sure that that is what happens in many local authority areas. For example, I have recently heard of a council where officials routinely attend public health funerals themselves—I believe that this is the case in the City of Westminster, among many others—to ensure that the deceased person is not alone in that final act.

However, the Government and I, like my right hon. Friend, are deeply concerned at the alleged practices of some local authorities, such as refusing to tell bereaved families where and when the funeral is taking place or refusing to return their loved one’s remains following cremation. Media reports—my right hon. Friend alluded to the report in The Sunday Times in May—suggest that that may be an attempt to deter future reliance on the local authority’s obligation to step in if other arrangements cannot be made. We all appreciate that local authorities should be mindful of public money, providing a decent funeral but ensuring that care is taken with that public money, but the key thing is that word “decent”. I am deeply concerned that, if true, the reports suggest completely unacceptable behaviour that would be putting bereaved families through unnecessary additional stress and insensitive treatment at an already extremely difficult time in their lives and when they are, in many cases, already managing on a low income. This is about sensitivity, decency and doing the right thing, and that should permeate the approach. I urge all local authorities to reflect on those words.

The legislation and lack of centralised control and powers to mandate is a reflection of the fact that public health funerals are a cross-cutting issue, that local authorities are best placed to determine local priorities and that this matter has sat with local authorities for many decades. It is a pleasure to be here answering on the behalf of the Ministry of Justice today, but colleagues in the Department for Work and Pensions, the Department of Health and Social Care and the Ministry of Housing, Communities and Local Government all have a role to play. Historically, the Government have not centrally collated information on the number and cost of the public health funerals that councils manage annually. However, a series of freedom of information requests in recent years appear to show a consistent rise in both elements. The most recent of these requests, published by ITV News last month, was based on responses from 300 councils across the UK. It indicated that there has been a 70% increase in the number of public health funerals in the past three years, to around 15,000 last year, at a cost to local authorities of around £4 million in the last financial year.

As I have alluded to, local authorities are independent from central Government in providing their services and are responsible to their own electors and for managing their budgets in line with local priorities. That is how it should be and, as a former councillor, I recognise the importance of that local accountability and local decision making. However, that does not obviate the need for those local authorities to reflect on their obligations with the moneys they have given to them to ensure that this area is not neglected. It is absolutely right that local priorities should determine local spending, but I urge local authorities to reflect on my words about decency.

As my right hon. Friend alluded to, the Government have acted to address the financial pressures that death and bereavement can put on both families and local authorities. On 1 April, my right hon. Friend the Prime Minister announced her intention to establish a children’s funeral fund for England, which all Members would warmly welcome, with the intention that, at such an incredibly difficult and distressing time in their lives, bereaved parents will not have to worry about the essential costs of burying or cremating their child. As the House will know, arrangements for similar funding have already been put in place by the Welsh Assembly Government, and the Scottish Government have recently announced their intention to do the same.

This difficult but important issue has, of course, been championed by the hon. Member for Swansea East (Carolyn Harris). Although she is not in her place today, I take the opportunity to pay tribute to her for her work, for her tenacity and for her courage in doing so in the light of her own tragic experience. She is an hon. Lady of great decency, commitment and compassion. This House is the better for her presence, and her constituents are lucky to have her representing their interests.

The hon. Lady has continued in her work to support those for whom death and bereavement bring unmanageable financial pressure. On 8 June she co-ordinated and sent a cross-party letter to the Prime Minister, supported by a significant number of hon. Members, calling for the establishment of minimum standards in the provision of public health funerals by local authorities. This action was prompted by concern about the media reports that gave rise to today’s debate, and I understand my right hon. Friend the Prime Minister is responding to that letter.

Public health funerals are not needed in the vast majority of deaths. I have mentioned the figure of 15,000 public health funerals a year, which represents around 3% of the total annual number of deaths in the UK. It is right that, where a family are in a position to take responsibility for the cost of funeral arrangements, they should do so. However, there are times when state support is appropriate and necessary, and we are committed to supporting vulnerable people going through bereavement who, depending on their situation, may need to draw on different elements of support.

That support, as my right hon. Friend the Member for South Holland and The Deepings alluded to, includes the provision of funeral expenses payments to help people on qualifying benefits with the cost of arranging a funeral. Such payments make a significant contribution to the cost of a simple, respectful, decent funeral, covering the necessary costs of burial or cremation and in addition up to £700 for other funeral expenses.

[Mr Hayes]

I am sure the Minister is just about to announce it, and I do not want to steal his thunder because he is a fine new member of the Government, but I called for the cap to be lifted. He may want to make that announcement now and make a big impact, or he might want to reflect and write to me about it very soon.

[Edward Argar]

My right hon. Friend is typically beguiling in attempting to persuade me to announce changes to policy from the Dispatch Box. However, the funding offered from the funeral expenses payments scheme and the social fund budgeting loan—he has referred to other measures taken by the Government, such as changing the rules so that additional contributions may be received without deductions being necessary from that fund—provides a level of support while, crucially, maintaining a fiscally viable fund.

I hear my right hon. Friend’s comments about the 2003 cap on that second element, and I will ensure that the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for North West Hampshire (Kit Malthouse)—the Department for Work and Pensions administers the fund—is made aware of my right hon. Friend’s comments and of the case he has made today. I sense my ministerial colleague may well be writing to him in response to that specific point.

In conclusion, I wish to thank my right hon. Friend for providing this hugely valuable opportunity to discuss, once again, such an important and sensitive issue. It is of course a truism that death touches us all. For many of us, the funeral arrangements are something that can be planned for and managed, but for some they are something for which the local authority and local government must take on responsibility, in a sense representing the local community. I believe that many councils do so honourably and carry out their duties with utmost respect for the dignity of the deceased person and their family. However, as I have said, it is of deep concern that some allegedly do not. I conclude by exhorting those few to show the compassion and sensitivity any of us would wish to be shown were we to find ourselves in those circumstances. I also reiterate the clear commitment of the Prime Minister, this Government and myself, as a Minister, to work with colleagues to ensure that the system of public health funerals continues to provide that decency and decent send-off we would all wish for.

Question put and agreed to.

Access Rights to Grandparents

Edward Argar Excerpts

Wednesday 2nd May 2018 Westminster Hall

[Nigel Huddleston (Mid Worcestershire) (Con)]

I beg to move,

That this House has considered grandchildren’s access right to their grandparents.

It is a pleasure to serve under your chairmanship, Sir Christopher, and I am grateful for the opportunity to introduce this debate. Since announcing that this debate was happening, I have been inundated with emails, letters and calls from grandparents and grandchildren from across the country expressing their support, and many colleagues from across the House have told me that they have been dealing with cases on this issue for many years. I extend a special thank you to Dame Esther Rantzen and to Jane and Marc Jackson from the Bristol Grandparents Support Group, who first brought the issue to my attention. I thank the Minister, as we have had several conversations about this issue over the past few months.

This is not the first time that this issue has been debated in the House of Commons. A similar debate took place about a year ago. Unfortunately, because of purdah rules close to the election, the then Minister was unable to give the full response that I think he expected to give. A Green Paper was mentioned. I hope that the new Minister—the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer)—will be able to give a fuller response today. We will ensure she has time.

As I said in a question to the Prime Minister late last year, divorce and family breakdown can take an emotional toll on all involved, but the family dynamic that is all too often overlooked is that between grandparents and their grandchildren. When access to grandchildren is blocked, some grandparents call it a kind of living bereavement. Unlike some other countries, grandparents in the UK have no automatic rights to see their grandchildren, and vice versa. I count myself lucky that I had a very good relationship with my grandparents when I was growing up—I went on holidays with them and saw them virtually every weekend—but I am well aware that not every family is fortunate enough to have that family dynamic.

The estrangement of grandchildren from grandparents happens for a wide variety of reasons: divorce, bereavement, marital breakdown or just a falling out between family members. However the estrangement has come about, rarely is it anything to do with the grandchildren. That is why I have deliberately worded the motion for the debate today so that the emphasis is on children’s rights as well as those of their grandparents. They are the innocent victims in family breakdown. The loss of the relationship with their grandparents is usually the result of a disagreement among the adults, and the children have had no say and no control over the matter.

[Edward Argar (Charnwood) (Con)]

Does my hon. Friend agree that, for children going through the trauma and upset of a family breakdown or a divorce, access to grandparents can often provide the stability they really need?

--- Later in debate ---

[Lucy Frazer]

The hon. Gentleman is right. It is critical that we solve these issues early on, before they get to court. We are reviewing legal aid generally, but legal aid can be available for mediation for early legal help. In that context, there is a fees remission scheme in relation to the application to court where the threshold is higher for people over 60. However, would it not be better if people did not go to court at all?

A number of issues have been raised and ideas put forward about how we can improve the system. One, which was raised by my hon. Friend the Member for Mid Worcestershire and by the hon. Member for Ashfield (Gloria De Piero), was about the fact that grandparents have to apply for leave. Some people see that as an additional hurdle, but experience shows that grandparents do not usually experience any difficulty in obtaining permission when their application is motivated by a genuine concern for the interests of the child. That is because a person can seek the court’s permission at the same time as they make their substantive application simply by ticking the box on the relevant form, and there is no need to pay a separate fee. That can be part and parcel of the hearing.

The leave requirement is not designed to be an obstacle to grandparents or other family members; it is meant to be a filter to sift out applications that are clearly not in a child’s best interests, such as vexatious applications aimed at undermining one of the parents involved in a dispute over the child or continuing parental conflict. Leave was examined as part of the independent family justice review led by David Norgrove, which in its final report, published in November 2011, recommended that the requirement for grandparents to apply for leave should remain as it is because it

“prevents hopeless or vexatious applications that are not in the interests of the child.”

My hon. Friend the Member for Mid Worcestershire also identified the fact that it was unfortunate that sometimes children were placed for adoption, despite the fact that a grandparent might be willing to care for them. Grandparents can apply for special guardianship orders, and the local authority should give preference to placing a child with a family member. He also identified, as picked up by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), that there should be a change in the law in relation to presumption. We can look at that. He identified, and it is important to recognise, that some people think that elevates the grandparent’s involvement into a right, whereas, as I have identified, the family justice system puts the child, not the grandparent, at the heart of its consideration. As he accepts, there may be some unintended consequences that we will have to look into.

[Edward Argar]

The Minister is rightly highlighting the importance of the child being at the centre. She also said that she is willing to look at some issues again to avoid the involvement of expensive lawyers—I pay all due respect to lawyers; she is a distinguished lawyer herself. However, will she indicate when we might see some of those proposals and ideas come forward from the Ministry?

[Lucy Frazer]

As a new Minister, I am looking afresh at a number of issues. This point, which has been raised by many people, is one of a number of family justice measures the Department is looking at—this morning I had a meeting on another family justice issue of concern. We are looking at these matters very closely. The challenge is that one size does not necessarily fit all. These are important issues but, as I mentioned, we must also look at the out-of-court settlement procedure. I will look at this issue carefully, working with the Department for Education.

My hon. Friend the Member for Mid Worcestershire said at the end of his speech that he wanted to raise awareness. He has done that in the past, and he has certainly done so by calling the debate today. I commend him for his campaigning efforts, and I am grateful to him for giving me the opportunity to respond to this important debate on behalf of the Ministry of Justice. Finally, I send Marc and Jane Jackson every best wish on reuniting with their first granddaughter.

Oral Answers to Questions

Edward Argar Excerpts

Tuesday 5th September 2017 Commons Chamber

[Mr Lidington]

The hon. Gentleman is misreading the Government’s position. The Prime Minister was very clear in her Lancaster House speech, as the Government have been, that this country’s exit from the European Union means that the EU’s treaties will cease to apply to the United Kingdom and that therefore the direct effect that decisions of the Court of Justice of the European Union have in the United Kingdom will cease from that point. What is also the case, as spelled out in the Government paper on dispute resolution, is that there are many international examples of arbitration mechanisms that involve different jurisdictions coming together to agree how to take account of their different courts’ views in coming to a settlement when a dispute arises. We are approaching these negotiations in a constructive fashion.

[Edward Argar (Charnwood) (Con)]

11. What steps the Government are taking to improve the court experience for victims and witnesses.

[Justin Tomlinson (North Swindon) (Con)]

18. What steps the Government are taking to improve the court experience for victims and witnesses.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

We are testing pre-trial cross-examination for child and vulnerable victims and witnesses in the Crown court, and testing this provision for certain eligible intimidated victims in three Crown court centres this autumn. We have installed remote links in each region and recently completed work on model waiting rooms. We recognise that there are concerns about the operation of the victims’ code, and we are considering how compliance might be monitored and improved.

[Edward Argar]

I welcome that answer. Despite the progress that has been made, attending court as a witness, and particularly as a victim, can still be very stressful. Will my hon. Friend enlarge on what steps the Government are taking to ensure that victims and witnesses know what to expect when they attend court, and that they are treated with respect in court and know when they are required?