Oral Answers to Questions

Lord Bellingham Excerpts

Tuesday 17th March 2015 Commons Chamber

[Simon Hughes]

Within the Department, I have particular responsibility for all female offenders. I have visited every single female prison and I am clear that the schemes that rehabilitate people through engaging with them and planning for training, work and housing are absolutely central. We are committed to using such schemes. May I also take this opportunity to say that there are some phenomenally excellent leadership teams in all our prisons, as well as many other people who are assisting with this project? The hon. Gentleman is right to suggest that we need to give people incentives so that they can see their route out of prison and understand that life outside is better. That will give them hope for the future.

[Mr Henry Bellingham (North West Norfolk) (Con)]

3. When he next plans to meet representatives from (a) the Law Society and (b) the Bar Council to discuss legal aid.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

Throughout the development of the “Transforming Legal Aid” package of reform, my officials and I regularly met the Law Society, the Bar Council and other members of the legal profession. Officials from the Department and the Legal Aid Agency continue to be in regular contact with the representative bodies as we implement the reforms.

[Mr Bellingham]

I thank the Minister for that reply. Is he aware that I represent a number of constituents involved with family law cases, including one young mother who is contesting adoption proceedings? She received legal aid for the substantive hearing, but she is now appealing and, unfortunately, cannot get legal aid. Has he made any assessment of the impact of the cost in respect of litigants in person within the family division? Without increasing the overall legal aid budget, will he consider some reallocation of resources within it to solve this particular problem?

[Mr Vara]

I thank my hon. Friend for his question and say to him that we do have one of the most generous legal aid budgets in the world and we have made sure that we provide legal aid assistance for those who need it.

Points of Order

Lord Bellingham Excerpts

Tuesday 18th March 2014 Commons Chamber

[Mr Henry Bellingham (North West Norfolk) (Con)]

On a point of order, Mr Speaker. I need your urgent advice on an important constituency case. As the local MP, I have been representing a family in a contested adoption case, including the birth mother, Miss P. In order to represent the family properly, I needed to see the final statements and assessments by relevant social workers. Norfolk county council then e-mailed my constituent, stating:

“I would be grateful if you could confirm whether or not your client has disclosed a copy of the assessments to Henry Bellingham. This would clearly be in breach of the family procedure rules and a contempt of Court.”

I then wrote to the Minister of State, Ministry of Justice, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), and the president of the family division, Sir James Munby. Both the Minister and Sir James replied that since the case of Re N in 2009, the family procedure rules had been updated specifically to include MPs as interested parties who can receive all relevant statements and assessments. In other words, the county council was completely wrong.

Norfolk county council was either ignorant of that change in the law, which I find pretty staggering given that every family practitioner in the land will surely have known about the consequences of Re N, or it deliberately misled a vulnerable young mother about the law and conspired to stop MPs going about their duty. I take the matter very seriously, because I have been prevented from getting full and considered advice to Miss P. What protection can you give MPs, Mr Speaker? Is there a possible contempt of Parliament, and could Norfolk county council be referred to the Committee of Privileges?

[Sir Gerald Howarth (Aldershot) (Con)]

Further to that point of order, Mr Speaker.

Police Federation Reform (Normington Report)

Lord Bellingham Excerpts

Thursday 13th February 2014 Commons Chamber

[Mr Henry Bellingham (North West Norfolk) (Con)]

It is a great pleasure to follow the right hon. Member for Leicester East (Keith Vaz), the Chair of the Select Committee, who speaks many words of wisdom. I congratulate my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) on initiating this debate. As he has pointed out, the Police Federation was set up nearly 96 years ago, as part of a concordat between the police and Her Majesty’s Government. A simple deal was struck: in return for not striking and not joining a trade union, the police would have a federation that would have unprecedented access to Ministers and would receive taxpayers’ money. Over many years, the federation built up a superb reputation for being measured, fair-minded and discreet. It built that strong brand, which was the envy of many other representative organisations and trade associations in this country and around the world.

When I first became an MP, the Police Federation actually had parliamentary advisers on both sides of the House, as my right hon. Friends the Members for Haltemprice and Howden and for Sutton Coldfield (Mr Mitchell) will well recall. When I first came here, the adviser was the then Member for Bury St Edmunds, Eldon Griffiths, and he was followed by Sir Michael Shersby, the Member for Uxbridge at the time. They were well paid, as indeed was the Labour representative of the Police Federation, they were always called early in debates and they had a status within the House that gave them the chance to speak up for the police. That was accepted as being within the traditions of the House and it was very much part of the concordat struck all those years ago.

As my right hon. Friend the Member for Haltemprice and Howden has pointed out, there has been an incredibly unfortunate downhill spiral, which probably started 20 or 30 years ago, and professional standards have slipped. Part of the blame must lie with the previous Government, who in many ways undermined the police. They lost the confidence of the police on many different issues, not least through their determination to drive through force mergers and the fact that they encouraged the building up of this compensation culture.

My right hon. Friend has listed a large catalogue of examples that point to a totally unacceptable culture within the national Police Federation. I have had a lot of dealings with my local police federation in Norfolk, and I stress that at all times the people there have been totally professional and really impressive. They have gone out of their way to stand up for the interests of members of the constabulary within my constituency, and I do not believe they have ever leaked anything to the press or done anything that would undermine the integrity of the local police federation. Unfortunately, that excellent set of high standards and conduct has not been replicated within the Police Federation nationally. He described a culture of excess, explaining that it is so well exemplified by the new headquarters at Leatherhead and the whole saga of different incidents that have taken place over the past few years.

I wish to discuss two recent incidents that have led to grave concerns. The first is the behaviour of the three Police Federation members who went to the office of my right hon. Friend the Member for Sutton Coldfield in his constituency: Inspector Ken MacKaill, Detective Sergeant Stuart Hinton and Sergeant Chris Jones. Their behaviour was totally and utterly unacceptable. They were shown to have lied and to have misled the Select Committee, and they should have been dismissed immediately.

[Mr David Ruffley (Bury St Edmunds) (Con)]

Does my hon. Friend share my disbelief that when the three midlands officers were invited to give an apology in the Home Affairs Committee they declined to do so?

[Mr Bellingham]

Indeed. Their performance was utterly abysmal and it brought the federation into huge disrepute.

The other incident relates to what happened outside the gates of No. 10 Downing street. PC Richardson, the officer on duty, was quoted the other day as saying that it was “so wrong” of federation officials to stage-manage the incident. He said:

“It was nothing to do with them. Certain people thought they had a silver bullet with which they could overturn police reforms.

I’m speaking out because I feel I have been betrayed by the leakers, mischief makers and sections of the Federation. It has caused me 18 months of grief and by going public I expect I’ll get a lot more.”

That speaks volumes about a culture that has to change, and change soon.

In conclusion, we now have the Normington report, which contains a set of positive, constructive recommendations. Every hard-working, decent police officer up and down the country must reclaim their federation and try to restore it to the glory days of the past, when they had a federation that was the envy of every other organisation in this country. The Normington report provides the opportunity to do it, if it is accepted in full and implemented in full.

Oral Answers to Questions

Lord Bellingham Excerpts

Tuesday 17th December 2013 Commons Chamber

The Secretary of State was asked—

[Mr Henry Bellingham (North West Norfolk) (Con)]

1. What recent representations he has received about UK withdrawal from the European Court of Human Rights; and if he will make a statement.

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

The coalition agreement commits the Government to the European convention on human rights and the Strasbourg Court. However, the differences between the two parties’ views on this subject are well known, so there will be no major changes before the next election, although, of course, it is my party’s intention that there should be afterwards.

[Mr Bellingham]

Does the Lord Chancellor agree with me that it is quite outrageous that the European Court of Human Rights has deemed whole-life sentences to be in breach of human rights laws? Is he aware that I used to be a strong supporter of the Court, but that I now feel strongly that the time has come when it is in our national interest to come out of it?

[Chris Grayling]

My hon. Friend echoes the view of many people in this country that the whole-life tariff ruling is entirely inappropriate. The Government are considering how best to respond to the ruling, but it is an example of why, in my view, the Court’s reputation in this country has fallen dramatically in recent times, and of why change is now so urgently necessary.

Oral Answers to Questions

Lord Bellingham Excerpts

Tuesday 2nd July 2013 Commons Chamber

[Mr Henry Bellingham (North West Norfolk) (Con)]

Will the Secretary of State refute again the ridiculous scare stories? Does he agree that even combined courts in the counties can be more flexible, efficient and innovative, and that any talk of privatisation is ridiculous?

[Chris Grayling]

My hon. Friend is absolutely correct. What we are hearing from Opposition Members throughout this sitting is that they are the same old Labour party: they have no answers to any of the problems, they oppose any change and they oppose savings. Frankly, they are not fit to be an Opposition, let alone a Government.

Legal Aid Reform

Lord Bellingham Excerpts

Thursday 27th June 2013 Commons Chamber

[Mr Lammy]

It is absolutely the case that in our system the choice of lawyer is fundamental and essential. In fact every democratic country we can think of enables that choice. That this Government should seek now to say that someone facing criminal charges cannot choose, and therefore have confidence in, the person to be charged with preserving their liberty is a huge exception to the democratic system we have sought to preserve for so long. Of course it will lead to huge miscarriages of justice.

[Mr Henry Bellingham (North West Norfolk) (Con)]

I am very grateful to the right hon. Gentleman for giving way and I hope he gets extra time for taking a second intervention. I hear what he has to say, but does he agree that whoever was in power at the moment, having to make difficult choices, would almost certainly have to look at what is one of the most generous legal aid systems in the world and make savings to that budget? Does he agree that the problem is not so much the principle of the savings but how this is being done and the fact that there needs to be consultation on a number of specific points that, to be fair, the Government have agreed to reconsider?

[Mr Lammy]

The hon. Gentleman is right. It is totally unacceptable that the Government have sought to rush this measure through after a speedy consultation that lasted less than two months. It is wrong that there should not be a vote in the House and it is wrong to caricature previous changes to legal aid as having any relationship with these changes. When I was legal aid Minister, changes were made to scope in personal injury in an attempt to take out those who were caught up in speeding or traffic cases in the legal aid system. We introduced fixed fees to maintain costs. We introduced online and phone systems for free legal advice to limit costs. Those were the sorts of changes we introduced; we did not attempt to charge and make an attack on judicial review.

Judicial review is so important. Most people in this country feel that public authorities are benign until they have a disabled child, or one with special needs, and seek to challenge the local authority or the school, until they have an elderly relative in a care home and abuse goes on in that care home, or until they live in the path of High Speed 2 or Crossrail. There are people in this country who would seek to use judicial review and it is a travesty that this Government would run a coach and horses through it for £6 million.

The hon. Member for North West Norfolk (Mr Bellingham) mentioned savings and savings can be made in other ways. Tagging a defendant costs £13.41 in Britain, but £1.22 in America. Let us find the savings through cheaper procurement. Let us find the savings in the court system. Let us not rip up a democratic, constitutional system that we have had for so many years and that has served us well.

We have heard that the parents of Jean Charles de Menezes would not have received legal aid under the changes being made to the residence system. In fact, after these changes, babies in our care system aged under one would not get legal aid, even though children sometimes need access to it. There are many headlines at the moment about Jimmy Mubenga, a young man who lost his life in a deportation case. His family would not get legal aid. Is that really the kind of country we want to live in? Is that what we want to arm our Foreign Secretaries with when they are trying to speak powerfully to foreign Governments who seek to oppress their citizens? It cannot be, so I ask the Department to think again about the decision and to think very hard about the changes it is attempting to railroad through Parliament.

Those are the reasons it is important that we have the opportunity to vote. It is deeply concerning that it has taken senior Back Benchers going to the Backbench Business Committee to bring this discussion to the House in the first place. I cannot think of an occasion in the past few years when that has happened on such a major issue. I ask the Secretary of State to be mindful of the petition signed by thousands of people because they, too, are concerned about the situation.

The caricature that implies that those who are caught up in the criminal system are thick and therefore do not need a choice of lawyer is a disgrace coming from a Secretary of State for Justice. For legal aid lawyers to be caricatured as fat cats when their average salary is less than that of nurses and teachers in this country and when we are talking about high street firms in Bristol, Swindon and Brixton—places as different as that—is unacceptable. This is not about the producer, but about the citizen and the consumer. It is about hard-fought battles that have taken place in this Chamber over many years. I ask the Government and hon. Members to join me in the No Lobby after the debate.

--- Later in debate ---

[Mr Djanogly]

The previous Government were considering contracting, as were Labour Front Benchers during this Parliament. We need to appreciate that the Legal Services Act 2007, brought in by the previous Government with Conservative support, has transformed the potential for legal service provision. To cut a long story short, there is now no reason why solicitors and barristers should not go into partnership together, or indeed, with non-legal organisations, via alternative business structures. There is no reason why barristers should not take instructions direct from the client nor any reason why barristers should not themselves bid for contracts and employ solicitors. In practice, there have been blockers to this kind of progress, not least a barrister regulator that seems unable to see the writing on the wall for its own profession.

If I seem radical, I am explaining a scenario that would seem more or less natural to most Commonwealth common law countries.

[Mr Bellingham]

On a point of order, Madam Deputy Speaker. I am sorry, but the right hon. Member for Tottenham (Mr Lammy) is on the move again. Surely right hon. and hon. Members should always stay in their seat and listen to the speech immediately after their contribution.

[Madam Deputy Speaker (Dawn Primarolo)]

The courtesies of the House are that a speaker should remain for the next two speakers, having contributed to the debate. It is regrettable. I did not see him move again, but I am sure that someone from the Opposition Benches will ensure that he returns quickly to hear the debate. Sorry for the interruption, Mr Djanogly.

--- Later in debate ---

[Ian Swales]

I am proud of that, and I am surprised by some of the comments from Front Benchers that seem to contradict what the right hon. Gentleman just said.

We also have a system in which tariffs vary widely across the country, sometimes paying twice as much for the same activity. Why does the Ministry of Justice not look into that? We often criticise the Ministry for not piloting its ideas, but they have tested this one by setting up five public defender services. They are proving to be three to four times as expensive as present local arrangements, and the one near me in Middlesbrough has already closed down. What has the Ministry learned and why is it planning to protect those offices from competitive tendering?

[Mr Bellingham]

The Crown Prosecution Service now has a lot of in-house lawyers, who are expensive and who have pensions, significant overheads and so on. Does the hon. Gentleman agree that going back to instructing the independent Bar, as used to happen, would result in savings and that the MOJ should look at that quite urgently?

[Ian Swales]

The hon. Gentleman has made his point fluently. I am not a lawyer and am unable to comment on those details, but I am sure that Ministers heard his point.

Looking at the effect on justice first, the evidence from the USA, where the MOJ’s planned approach is already in place, will give the public little comfort. Even people who are charged with the most serious crimes, including murder, are given low-cost lawyers and scant attention. Among the most serious duties a Government can have are to prevent people from dying in hospital and to prevent them from being wrongfully imprisoned. Why do we believe so strongly in choice in the first case while seeking to eliminate it in the second? Only through choice can standards be maintained and competitive pressures take effect. Yesterday, the Chancellor said:

“Our philosophy is simple: trust people to make their own decisions and they will usually make better decisions.”—[Official Report, 26 June 2013; Vol. 565, c. 306.]

I urge the Minister to follow that approach.

I also urge the Minister to look carefully at the financial incentives in the proposed contracts. As we on the Public Accounts Committee know, there is touching faith in most Departments that their private sector partners will “do the right thing”. They will—but it will be the right thing to maximise their profits. It beggars belief that firms might get the same fee for a quick guilty plea as they get for a trial lasting days or even weeks. I know that the Secretary of State is a great believer in payment by results, but is he really looking for justice through short trials with few witnesses, or for innocent, vulnerable people to be locked up through a quick guilty plea? That is what his system will encourage.

Oral Answers to Questions

Lord Bellingham Excerpts

Tuesday 21st May 2013 Commons Chamber

[Chris Grayling]

It is not the policy of the coalition Government to withdraw from the European convention on human rights. My party is looking at what proposals we want to put to the country at the next general election. The vast majority of the population want changes to our human rights framework. If the Labour party disagrees, I look forward to having that debate.

[Mr Henry Bellingham (North West Norfolk) (Con)]

Further to the Secretary of State’s statement about prisons at the start of topical questions, does he agree that far too many drugs are still circulating in prisons? How far is he getting with his zero-tolerance policy, which is aimed at staff and visitors because the drugs are not coming into prisons with the prisoners?

[Jeremy Wright]

My hon. Friend is right that too many drugs are still coming into prisons, but he will be reassured to know that the rate of positive drug tests is coming down. As he will know, we must also tackle the misuse of prescription medication in jails. We are addressing all those problems to the best of our ability and will continue to do so.

Oral Answers to Questions

Lord Bellingham Excerpts

Tuesday 19th March 2013 Commons Chamber

[Damian Green]

My hon. Friend will have heard the victims Minister, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), set out the much good work she is promoting in terms of victims’ centres, and in particular rape victim centres. I assure my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) that Ministers are taking that issue very seriously in all parts of the country, and particularly in north Yorkshire.

[Mr Henry Bellingham (North West Norfolk) (Con)]

16. What plans he has to ensure that high net worth defendants do not receive legal aid.

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

The Ministry of Justice is considering ways in which high net worth defendants can be obliged to pay the costs of their defence privately, without receiving legal aid first. We have also announced measures to strengthen Crown court means-testing to help ensure that defendants who can pay towards their legal aid costs at the Crown court are made to do so. Last night, of course, there were additional provisions to the Crime and Courts Bill, which received its Third Reading in this House.

[Mr Bellingham]

I am grateful to the Lord Chancellor for that encouraging reply, and I thank him for the work he is doing in this area, but does he agree that for far too long these rich defendants have had their cases financed through legal aid by the taxpayer, which is completely unacceptable at a time when he has had to make changes to the legal aid budget? Does he agree that more can still be done to access wealth from frozen accounts?

[Chris Grayling]

I very much agree with that, and, of course, the measures in the Crime and Courts Bill open the door to our doing that for the first time. I wish to see us recover funds from those who can afford to pay for their own defence.

Transforming Rehabilitation

Lord Bellingham Excerpts

Wednesday 9th January 2013 Commons Chamber

[Chris Grayling]

I can absolutely do that. I envisage no change, unless it is an improvement, to how we manage offenders such as former terrorists in the community. They would fall under the high-risk umbrella and I would expect that work to continue in the public sector, where it takes place at the moment. I pay tribute to Greater Manchester probation trust, which is among the most innovative and entrepreneurial of the probation trusts. I have little doubt that some of the people in that trust will see the opportunity to create a mutual or co-operative. In the spirit of the Labour party and the co-operative movement, this is a great opportunity for a new generation of co-operatives to emerge and I want to see staff participating in the future.

[Mr Henry Bellingham (North West Norfolk) (Con)]

Does the Secretary of State agree that it is difficult and challenging to rehabilitate hardened drug addicts? Does he share my concern that many young people are going into prison as mild drug users but coming out as addicts? Why are there still so many drugs available in our prisons and what is he doing about it?

[Chris Grayling]

That is a concern that I and the prisons Minister, the Under-Secretary of State for Justice, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), share. We have done quite a bit of work on it already, but we are up against a determined effort to get drugs into prison; some of the means used to smuggle drugs into prison are quite eye-catching. We will do everything we can to reduce the availability of drugs in prisons, but when someone comes out, if they have had some form of rehabilitation in prison I want to see that continue in the community. The structure of these reforms and the through-the-gate approach will make it much more likely that we have consistent rehabilitation through prison and beyond.

Voting Eligibility (Prisoners)

Lord Bellingham Excerpts

Thursday 22nd November 2012 Commons Chamber

[Chris Grayling]

The legal position remains that Parliament has the right to say no to any decision of the European Court of Human Rights, whatever that might be. It is clear that that is its absolute right but, as Lord Justice Hoffmann said, there is a political consequence of doing so. I do not make light of the challenge or debate that would follow if the decision were not to give prisoners the vote.

[Mr Henry Bellingham (North West Norfolk) (Con)]

The Secretary of State has just mentioned that a number of leading EU countries have ignored judgments of the ECHR on the grounds of parliamentary sovereignty. It was stated at the time that their international reputation in various forums, such as the UN Human Rights Council, would suffer. Is there any evidence of that happening and has any analysis being carried out?