Holly Lynch debates involving the Ministry of Justice during the 2015-2017 Parliament

Wed 29th Mar 2017
Prisons and Courts Bill (Fourth sitting)
Public Bill Committees

Committee Debate: 4th Sitting: House of Commons
Tue 28th Mar 2017
Prisons and Courts Bill (First sitting)
Public Bill Committees

Committee Debate: 1st Sitting: House of Commons
Mon 20th Mar 2017
Prisons and Courts Bill
Commons Chamber

2nd reading: House of Commons
Thu 24th Mar 2016

Prisons and Courts Bill (Fourth sitting)

Holly Lynch Excerpts
Committee Debate: 4th Sitting: House of Commons
Wednesday 29th March 2017

(7 years, 8 months ago)

Public Bill Committees
Read Full debate Prisons and Courts Bill 2016-17 View all Prisons and Courts Bill 2016-17 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 29 March 2017 - (29 Mar 2017)
None Portrait The Chair
- Hansard -

With this it will be convenient to discuss new clause 6—Testing prisoners blood following assault—

“Testing prisoners blood following assault

‘(1) The Prison Act 1952 is amended as follows.

(2) After section 16B insert—

0 “Power to test prisoners blood

‘(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of blood for the purpose of investigating assaults including spitting and biting, carried out by the prisoner.

(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power—

(a) to require a prisoner to provide a sample of urine, whether instead of or in addition to a sample of blood, and

(b) to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of blood, a sample of urine or both.

(3) In this section—

“authorisation” means an authorisation by the governor;

“intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984;

“prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991;

“prison rules” means rules under section 47 of this Act”

(4) A person commits an offence if that person fails to comply with requests to provide samples under subsection (2).

(5) A person guilty of an offence falling within subsection (4) shall be liable on summary conviction to—

(a) imprisonment for a period not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.””

This new clause to the Prison Act 1952 gives prison officers the power to require a blood sample where the prisoner is accused of certain assaults.

Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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It is a pleasure to serve under your chairmanship this afternoon, Mr Stringer, and I take this opportunity to put on record my thanks to the outstanding Library and Clerks, who have been incredibly helpful in assisting me in preparing the new clause. I support new clause 6. In the event that a prisoner spits at or bites a prison officer, the new clause would give the prison governor the power to request a blood sample from that prisoner. Refusal to provide a sample would become an offence in and of itself.

The new clause follows similar work that I have been doing with police officers and other emergency service workers, where spitting and biting have been on the rise as a means of assault. Not only is it a horrible act, but spitting blood and saliva at another human being can pose a very real risk of transmitting a range of infectious diseases, some with life-changing or even lethal consequences. Arina Koltsova, a law enforcement officer in the Ukraine, died just last year after contracting tuberculosis from an offender who spat at her while she was trying to arrest him. I have sought practical and proportionate ways to improve the situation for those who face such risks as part of their job.

--- Later in debate ---
None Portrait The Chair
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Order. When we have exhausted the debate, we shall vote on clause 22. The vote on new clause 6, if there is one, will happen later in the proceedings.

Holly Lynch Portrait Holly Lynch
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I thought that the Minister’s response was constructive, and I am grateful. I want to respond to some of the issues he raised; I hear his concern. The new clause is about an extension of the powers to test, which currently have a focus on drugs, and on identifying them in a prisoner’s system; however, there is a key gap with respect to identifying whether someone has a communicable disease.

As to the intention, I appreciate that the evidence in question could contribute to a case brought against a prisoner for biting or spitting at a prison officer; however, it is about establishing in a timely way whether a prison officer would need to embark on anti-viral treatment. That is our key focus. I entirely agree that prison officers would not be qualified to take blood samples from a prisoner and should not do it; what was done would need to involve NHS-qualified staff.

I understand the Minister’s points about shortcomings in the drafting of the new clause, but I am not entirely satisfied that the measures that he has outlined deal with the issue comprehensively enough; we shall therefore reflect on that before there is an opportunity to vote later in the proceedings.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Guy Opperman.)

Prisons and Courts Bill (First sitting)

Holly Lynch Excerpts
Committee Debate: 1st Sitting: House of Commons
Tuesday 28th March 2017

(7 years, 8 months ago)

Public Bill Committees
Read Full debate Prisons and Courts Bill 2016-17 View all Prisons and Courts Bill 2016-17 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 28 March 2017 - (28 Mar 2017)
Suella Braverman Portrait Suella Fernandes
- Hansard - - - Excerpts

Q My second point I would like to raise with all members of the panel relates to health and mental health provision in the Bill and also in the White Paper. In those, there is considerable detail on how governors can work together with the local clinical commissioning group or other health providers to assess the health needs of prisoners, co-commission services and assess quality of performance, instilling a bit more responsibility and flexibility in the system to safeguard health and mental health concerns. I would like the panel’s views on the mental health and health provisions.

Joe Simpson: When you are bound to outside agencies, especially in prisons, they are not there 24/7. The only people who are there 24/7 are prison officers and prison staff. One thing that we are going on from mental health is also social care in prisons. We have a lot of older prisoners who need more social care. Between the hours of 7 o’clock at night until 7 o’clock the next morning, they do not have access to that, and we do not have access to that as prison staff. We have no training whatever in order to assist prisoners who have those needs.

Mental health and health wellbeing should start on reception at the prison, when the prison officer brings the prisoner into prison, goes through the reception process and then passes them on to our colleagues for the mental health check. From that should come a plan of care, but that is not there, for the simple reason of time—“Let’s get them through because staff need to get off,” or, “We need to do this; we need to do that.” It is constant pressure on the regime and having the staffing available to do that.

If you are dependent on an outside agency that has its own staffing problems, it is not going to be done. That is the frustrating part from our members’ side. They identify a problem and nothing seems to be done for two or three days because we cannot get that expertise in. Why not utilise the person who is already there—the prison officer—and train them to do those duties, so that we can give better mental health care and increase wellbeing?

Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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Q May I return to the issue of prison officer safety? I have tabled some new clauses that I hope will be helpful in that regard. On Second Reading, we touched on the issue of a prison officer being assaulted in prison by a prisoner. Is that referred to the police, followed up by the Crown Prosecution Service and taken to court, or is it dealt with internally within the prison? What is your experience of the decision making around that process, and what would be the preference of the Prison Officers Association for dealing with those types of incidents?

Joe Simpson: Our view is that somebody who assaults our members should be punished. As for the question of who does that, we are not really bothered. Our experience, and my members’ experience, of the police and CPS is actually getting a policeman in to do the investigation. More often than not, what comes back from the CPS is that it is not in the public interest, because that person is serving a sentence and in prison anyway. That demoralises our members. They feel as if they go to work and they are just punchbags. There was a big campaign by the trade union to try to change people’s thinking on that, because we work behind a wall—people do not look in and we do not look out. We would like our members to be protected by the law and to be taken seriously when they are assaulted at work.

Some incidents are serious physical assaults, but you also have to look at the mental aspects, especially in relation to spitting and biting. Let us say that a prison officer is bitten. We do not know the prisoner’s history. We do not know whether they have any blood-borne disease or anything like that. The officer then has to spend six months on antiviral treatment and everything like that, and along with that goes the mental anguish, not just for the member of staff, but for their family, because they cannot interact properly with their family for six months. That leads to its own problems: high rates of divorce, cases of alcoholism and people just not wanting to come to work. That develops into mental health problems. While they are in the service, they are looked after, but once they are dismissed by the service, all that assistance stops, because the employer turns round and says, “Well, we’re no longer responsible for that care.” Sometimes we are putting really poorly and ill prison officers back into society with no assistance whatever, because of something that has happened in the course of their work.

One of the most disgusting things ever is potting. It is especially the female members of staff who are targeted. A prisoner or prisoners will fill a bucket or whatever with excrement and urine, wait for the officer and then tip it over them. We are seeing an increase in that, because prisoners seem to think that it is more acceptable than hitting a member of staff or hitting a female member of staff. They still see that as a bit of a taboo subject, but that is starting to break down. They are not just targeting male staff; they are now targeting female staff as well, especially with potting, which is absolutely disgusting.

Holly Lynch Portrait Holly Lynch
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Q Mr Lomas, when you do inspections of prisons, is how assaults on prison officers are investigated something that you would look at?

Martin Lomas: The specific technicalities of how they are investigated, no, but the fact of assaults on staff, yes, it is something we would look at. We would look to disaggregate the data to see whether we can get any learning from them, so we would look at fights and assaults—prisoner-on-prisoner assaults and prisoner on staff. There is no doubt that violence is increasing across the three, but it is notable that violence against staff is increasing; it has increased quite markedly in recent times. At an anecdotal level, we watch videos to try to get some sense of the—this is an unfortunate word—quality of the violence, and yes, some of it can be quite disinhibited, concerted and reckless. There was a case recently in which a member of staff in a midlands institution was very severely assaulted and hospitalised. They went through considerable trauma; the case has been reported in the media.

Yes, we report on violence as a feature of relationships between staff and prisoners, but the questions about policing priorities in a certain area or the decisions of the CPS in terms of public interest and what have you are matters that they would need to account for. But yes, we believe that staff should be supported and that prisons should be safer, and we believe the Bill is a positive measure in supporting that endeavour.

Holly Lynch Portrait Holly Lynch
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Q Can I press you on that point? Do you think this is something that you should be looking at in that case? It sounds as if you are collecting the statistical data about frequency, but not doing the follow-up about how violence is investigated to see whether there is evidence about how deterrents should be in place, for example.

Martin Lomas: We look at outcomes. The process of investigation and whether the investigation was competent, whether the police should be more engaged and certainly whether the CPS should have charged—we would not look at that.

Sam Gyimah Portrait Mr Gyimah
- Hansard - - - Excerpts

Q I would like to ask a question and get the panel’s views about accountability in the new prison system and how that works. Starting with Mr Lomas, what difference do you think the Bill will make to the effectiveness of the prisons inspectorate? Could you also comment particularly on how you see the notification trigger being used?

Martin Lomas: We think this is an important step forward. We think the Bill is helpful and useful. We have already talked about what it says to those who run institutions, with regard to their purpose and what they are meant to be doing. As far as the inspectorate is concerned, we believe it strengthens our institutional framework. It recognises us formally as an entity and clarifies our powers. At one level, those powers have not changed, but the Bill clarifies them, which is important in terms of asserting our independence and reflecting the public’s understanding of what we are about. We believe that the reference to OPCAT—the optional protocol to the convention against torture and other cruel, inhuman or degrading treatment or punishment—is absolutely critical in emphasising the independence of the inspectorate and consequentially its authority and ability to speak to issues and to all stakeholders, including the Government and others.

We believe the specifics around the requirement to respond on recommendations—reflecting current practice, but raising the importance of the process, formalising it, and making it more accountable—is a very big step forward in terms of our impact. Added to that, the notification arrangement and the significant concerns that are referred to again reflect practice. We would not walk away from a disastrous prison and not do something. We do act, and in fairness to the National Offender Management Service as it is now—Her Majesty’s Prison and Probation Service—it does respond in those circumstances. This is about making that process more transparent and accountable and putting names to the responsibilities. It is most definitely a step forward.

Rachel O'Brien: I agree with all of that. We recommended that stronger role for the inspectorate. There is a question about what happens in between inspections; that is sometimes a bit strange. There are top-level things that drive change for the three or four years in between. That is a question that we did not answer. We looked at the possible role of the independent monitoring boards, for example, to look at the more institutional day-by-day changes in the shorter term, but also new issues that might come up. The danger is that sometimes we say, “Those are the three priorities” and meanwhile something changes over here, in the local drugs market or whatever it is, so there is a question about what happens in between.

My overall accountability freedom issue would be that I worry about the balance. There are a lot of new accountabilities, still from the top-down league tables. Are those governors and new group directors going to have sufficient freedoms to make local decisions? That is the key question. That cannot be defined in primary legislation; it is much more about the narrative coming out from Government and so on.

Joe Simpson: The POA welcomes the changes, but do not think they go far enough, both for the chief inspector and for the Prisons and Probation Ombudsman. We would like to see the same legislative powers given to them as the Health and Safety Executive. If someone is going to inspect prisons, then inspect prisons and everything that goes on. If there are recommendations, someone should turn round and say to the governor “You are not doing something right.” If we are giving governors autonomy, it is not the Secretary of State who is running the prison—it is the governor. He is the employer and the person who is in charge of that prison, so they should get the 28-day notice. What is the point in putting that all the way back up for the Secretary of State, so that she can say, “Yes, we have an action plan”? We would rather see something coming from the chief inspector of prisons go to the governor to improve things, and if they do not improve them, the legislative powers akin to the Health and Safety Executive given to the chief inspector and the PPO. If we are going to have independence—the independent scrutiny of prisons and the independence over deaths in prisons—they should have that legislative power to turn round and make things change, rather than wishing for it.

Prisons and Courts Bill

Holly Lynch Excerpts
2nd reading: House of Commons
Monday 20th March 2017

(7 years, 9 months ago)

Commons Chamber
Read Full debate Prisons and Courts Bill 2016-17 View all Prisons and Courts Bill 2016-17 Debates Read Hansard Text Read Debate Ministerial Extracts
Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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It is an honour to follow the hon. Member for North West Norfolk (Sir Henry Bellingham), whose speech was very articulate. I am grateful for the opportunity to speak in this debate ahead of serving on the Bill Committee over the next few weeks.

With the Government’s White Paper, which was published in November last year, and the Bill before us today, I welcome many of steps being undertaken to get to grips with the challenges in our prisons and the justice system more widely. Greater scrutiny and more transparent allocation of responsibility are positive steps but, as others have already said, the Bill will succeed only once we have comprehensively got to grips with overcrowding and safety in our prisons. Without an effective, functioning prison system with reform at its very core, the wider justice system simply fails to function. When he appeared before the Justice Committee back in November, the Minister for prisons and probation admitted that all the numbers relating to prison violence, self-harm and deaths in custody are pointing in the wrong direction. I shall therefore use my role as constructively as possible to make sure that the Bill goes far enough and fast enough in improving those numbers.

In part because of several high-profile incidents, Members will be well aware of the prevalence of overcrowding in prisons, which is so commonplace that it sadly now seems to have become institutionalised in the justice system. When they gave evidence to the Justice Committee, both the Minister and the chief executive officer of the National Offender Management Service were in agreement that overcrowding has been a sustained problem for the past decade. The prison population rose from 43,000 in 1993 to just over 84,000 in 2016. Despite this increase, the number of uniformed prison officers tasked with managing and caring for those in prisons has decreased. Following the closure of 18 prisons since 2010, the prison estate has seen a reduction of around 6,000 places, at a time when the prison population is increasing. Although there are plans for new prisons and extensions at existing sites, at this rate such measures will not alleviate overcrowding in this Parliament or the next.

Overcrowding is a problem in 69% of prisons—that is 80 out of 116 establishments. My nearest prison, HMP Leeds in Armley, is one of the most overcrowded in the country. The Prison Reform Trust found that although it was built to accommodate 669 men, as of October 2016 it held 1,145, meaning that it is populated at 171% of its intended capacity. What is the impact of overcrowding on the conditions inside prisons? We have already heard statistics from the House of Commons Library, which reveal that, in the 12 months to September 2016, the number of prisoner-on-prisoner assaults increased by 31% on the previous year, with just over 25,000 recorded incidents. There were nearly 38,000 incidents of self-harm, which is an increase of 61% compared with 2006. In the 12 months to December 2016, there were 354 deaths in custody, 34% of which were self-inflicted and 1% the consequence of homicide.

A report by the Prison Officers Association revealed that there are more than 42 incidents of violence in prison establishments every day. Given, as the Minister said, that all the numbers by which we measure the effectiveness and safety of our prisons are pointing in the wrong direction, it is perhaps surprising that we have seen a reduction of 7,000 prison officers since 2010. I appreciate that the Government have closed 18 prisons in that time, but the prison population has still increased. In fact, it peaked at an all-time high in 2011. By any analysis of prisoner to prison officer ratios, the number of officers will surely be found to be inadequate to meet the challenges, and I support the call from my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) to look at how we can introduce ratios into the Bill.

I welcome the decision announced in the White Paper to recruit 2,500 more prison officers, and I am glad that the Secretary of State was able to tell us more about that recruitment process, and that 400 more prison officers have been recruited for the 10 most challenging prisons, but I hope that the Minister can go further in outlining what the next steps will be in recruiting for the remaining 2,100 posts.

Michael Spurr, chief executive officer of the National Offender Management Service, confirmed to the Justice Committee in November that the rate for new prison officers leaving within their first year is 13.5%, and has been as high as 16% in the past three years. I would be interested to know whether the Secretary of State has factored in that retention rate when recruiting those new officers. If 13.5% of the 400 already recruited leave within their first year, we will need to find 54 additional officers. I have set out the context not simply to make the case for sufficient prison capacity to meet demand, but to make the case for my amendments on prison officer safety, which is an area in which this Bill could go much further.

My right hon. and learned Friend the Member for Camberwell and Peckham talked about how two officers were left to cover a wing of more than 150 prisoners. Members can appreciate that sense of being outnumbered when they think about the reality of those figures. What needs to change to make sure that prison officers do not leave in their first year, are safe at work and are staying in post until retirement? Colleagues will be aware that, since having had an eye-opening experience while shadowing a lone police officer in my constituency last year, I have been campaigning for greater protections for emergency service workers, and prison officers are no less deserving of those same protections.

A report by the Prison Officers Association revealed that eight staff members are assaulted every day and that, in 2010, there were 24 sexual assaults against prison staff. That is just unacceptable. Section 8 of the Prison Act 1952 says:

“Every prison officer while acting as such shall have all the powers, authority, protection and privileges of a police constable.”

In the event that a prison officer is assaulted, and where the evidence affords, the prosecutor has a choice between pursuing common assault charges, under section 39 of the Criminal Justice Act 1988, or assault police charges under section 89 of the Police Act 1996. Assault police is a summary only offence and as such carries a maximum of 24 weeks custodial sentence, with community resolution orders and fines the most common outcome. I will not share the details now, but I can recommend the report “Prison Violence—How serious does it have to get”, which is published by the Prison Officers Association, for harrowing testimonies from prison officers, complete with photos of their injuries. It is well worth a read if anyone is in any doubt about the need for having the toughest possible deterrents in place to protect prison officers.

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

I commend the hon. Lady for all her work on this matter and also with regard to police officers. It is very much appreciated by them. She says that the number of assaults on prison officers is going up, but is she also aware that the number of extra days given for the assault of a prison officer by a prisoner is going down? The average number of extra days given for a prisoner assaulting a prison officer was 20 five years ago, and it is just 16 now. Does she agree that that is completely inadequate punishment for a prisoner assaulting a prison officer?

Holly Lynch Portrait Holly Lynch
- Hansard - -

I completely agree with the hon. Gentleman. I wonder whether the pressures of overcrowding are starting to reflect in those sentences handed out in prisons, which do not then serve as a proper deterrent. I would be more than willing to consider that point and others when we debate the Bill in Committee.

This is why I am calling on the Government to consider making it an aggravating factor to assault a prison officer under existing common assault, grievous bodily harm, actual bodily harm and malicious wounding charges. That would give the judiciary much greater flexibility when considering sentencing. Sentencing must be about effective deterrent. It is about not exacerbating the existing conditions in prison, but ensuring that there is a real incentive not to assault officers.

There is also the practice of “potting”, where urine and faeces are thrown at a prison officer as a means of assaulting them—it seems to be female prison officers who are singled out for this treatment—and it is simply horrific. Those acts must be followed up and charges brought against every individual who engages in that activity. It is no wonder that there is a 13.5% drop-out rate in the first year when that is what we ask our prison officers to face every day they go to work.

The second part of my campaign relates to spitting. As well as being horrible, spitting blood and saliva at another human being can pose a very real risk of transmitting a range of infectious diseases, some with life-changing or even lethal consequences. In presenting my ten-minute rule Bill, which addressed that very issue, I shared with MPs the story of Arina Koltsova, a police officer in Ukraine who died after contracting tuberculosis from an offender who spat at her while she was trying to arrest him. At the moment, if a prison officer or any other emergency service worker is spat at, they can take a blood sample from an individual only if they give their permission. Needless to say, in most cases in prisons, prisoners are deliberately seeking to inflict the maximum distress on a prison officer, and so decline to provide a sample. This then leaves the prison officer or staff member with no choice other than to take anti-viral treatments and face a six-month wait.

To address this issue, I have looked to laws in Australia where refusal to provide a blood sample can result in a fine of 12,000 Australian dollars and a custodial sentence. Adding such a measure to the Bill would mean that to refuse to provide a blood sample would in itself be a crime, punishable by a fine or an additional custodial sentence. If a prison officer has already had to endure being spat at or bitten, this measure would hopefully save them having to endure a six-month ordeal waiting to see whether the consequences are much more serious. I hope to demonstrate the merit of these amendments in Committee and hope that the Government will work with me on these measures.

On behalf of my hon. Friend the Member for St Helens North (Conor McGinn), who cannot be in the Chamber today, I wish to raise his commitment to Helen’s law, which would deny parole to those convicted of murder who refuse to reveal the location of their victim’s remains. He will be seeking to build support for that change and amend the Bill to that effect, and I will be supporting him in doing so.

I have been particularly animated about the closure of both the magistrates court and the county and family court in my constituency. I am grateful to the Minister for Courts and Justice for keeping me informed about this Bill. He knows that I am particularly passionate about the provision of justice.

Last week, having attended the briefing on the sweeping reforms to access to justice, I can see that there is a lot to be optimistic about. When starting from a position of what is best practice for supporting vulnerable victims and witnesses through the justice system and when giving evidence, I accept that our old-fashioned court buildings and outdated systems are just not up to the job. However, having accepted some of the reasoning for the closure of the courts—to facilitate this revolution in access to justice which promised to make justice more available than ever before—what happened in Halifax was that the courts closed, and people now have to travel much further than ever before to attend old-fashioned court buildings and use outdated systems. With a six-year roll-out on the measures that we are all looking forward to seeing, my experience in Halifax is that there has been a massive step backwards in justice provision in the intervening years. I have engaged with this process, accepted that there were inefficiencies across the two courts, and even lobbied to merge them, which would have returned a cost saving for Her Majesty’s Courts and Tribunal Service.

I visited Kent police’s excellent video-enabled justice system, and bought the Government’s arguments, but, through no lack of trying, I have failed to get HMCTS to engage with me on how technology can be used to the benefit of my constituents and to deliver a justice system that is indeed fit for purpose. I am really grateful that the chief executive of HMCTS, Susan Acland-Hood, has offered to meet me to discuss this matter further, following similar pleas that I made at that briefing hosted by the Minister for Courts and Justice last week. I genuinely hope that we can get a video hub in place to mitigate some of the impact of the court closures in Halifax.

I genuinely welcome the move to introduce modern technology into the justice system, so that vulnerable victims can record their evidence just once to save potentially painful and unnecessary repetition; so that we can cut down the time spent by police officers in court; and so that justice can be accessed on an iPad in a front room. Such changes would be fantastic. I will use my time in Committee to outline examples of where court closures have left a void, which this Government have failed to bridge, and work towards practical measures for delivering a better service as soon as possible.

I look forward to examining and debating the Bill in more detail in Committee. I welcome many of the measures. While the situation remains so pressing—I would go so far as to say pretty desperate—in some of our prisons, the pressure to get this right and quickly weighs on us all. I intend to work constructively to firm up the Bill as it relates to prison officer safety. Given the recruitment and retention pressures they face, I hope that the Government will be receptive.

Attacks on NHS Staff

Holly Lynch Excerpts
Monday 27th February 2017

(7 years, 9 months ago)

Westminster Hall
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Westminster 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.

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Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
- Hansard - -

May I join colleagues in saying what a pleasure it is to serve under your chairmanship, Mr Gray? I hope that right hon. and hon. colleagues from across the House are familiar with my “Protect the Protectors” campaign, and I am truly grateful to the many who have lent it their support. As part of that campaign, I have lobbied for protections that would cover all emergency service workers and NHS staff. I will outline what needs to change and how we should go about it.

My campaign started last summer after I spent a Friday evening in August on patrol in my constituency with West Yorkshire police. I joined PC Craig Gallant, who was single crewed and responding to 999 calls. When a routine stop quickly turned nasty, I was so concerned for his safety that I rang 999 myself to stress just how urgently he needed back-up. Thankfully, other officers arrived at the scene shortly afterwards to help manage the situation. Although, amazingly, no injuries were sustained on that occasion, I saw the dangers for myself and understood just how vulnerable all emergency service workers are, especially when they are out on their own.

Since being elected in May 2015, I have spent time shadowing all the frontline services in my constituency to understand the work they do and the pressures they are under, and to inform my work here on their behalf, but I confess that I am also the daughter of a retired police sergeant and a nurse. [Hon. Members: “Hear, hear!”] Thanks very much. Both my parents were subject to abuse in their roles as public servants, so I feel very strongly about this issue. I have done shifts with the emergency services—the police, the fire and rescue service, and paramedics—and spent time with doctors and nurses in A&E. I also spent a Friday night with out-of-hours mental health services and I will spend a day with the local search and rescue team in the next few weeks. May I take this opportunity once again to pay tribute to the work that they all do? Behind their uniforms, they are incredibly brave and dedicated individuals who, regrettably, face risks almost daily that they simply should not have to face.

Our emergency services and NHS staff routinely go above and beyond their duties to keep the public safe, and the law must convey in the strongest possible terms how unacceptable it is for someone to set out deliberately to injure or assault an emergency responder or NHS worker. As we have already heard, NHS Protect figures show that there were 70,555 assaults on NHS staff last year—a significant increase on the year before. A report published just before Christmas by Yorkshire ambulance service revealed that its staff face violence and aggression weekly. There was a 50% increase in reported incidents of verbal and physical attacks on staff, with 606 incidents reported in 2015-16. Richard Bentley, a paramedic in Leeds, told the BBC that he had faced three serious assaults in five years. He had been bitten, head-butted and threatened with a knife.

I sought to do something about that unacceptable violence directed at our most dedicated public servants by drafting a ten-minute rule Bill, which I presented in the Chamber earlier this month. The Crime (Assaults on Emergency Services Staff) Bill would extend protections to all emergency service workers and—crucially in relation to this debate—would cover paramedics, doctors and nurses.

The petition, which was launched on 22 December by LBC presenter Nick Ferrari—I commend Mr Ferrari and LBC for their role in this campaign—calls on the Government to make it

“a specific criminal offence to attack any member of NHS Medical Staff.”

However, in consultation with several bodies representing all the emergency services workers with whom I have spent time, I agreed that it would make sense to seek to amend existing legislation to make assaulting an emergency service worker or NHS worker an aggravating factor in existing criminal charges, for several reasons.

Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
- Hansard - - - Excerpts

The hon. Lady is making a powerful speech. It goes without saying that assaults on NHS staff are appalling, but does she agree that our NHS staff want to know that any changes will make a meaningful difference to their safety and to enforcement? Given that the maximum penalty for assault of a police constable is six months, which is the same as the maximum penalty for common assault, I query whether a change in offence would actually make a difference. The key is enforcement. People want to know that if they are attacked, the police will come around, make arrests and throw the book at the people who did it.

Holly Lynch Portrait Holly Lynch
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I will come on to some of the problems that we identified with the stand-alone assault police charge, which led us to seek to amend existing legislation. The hon. Gentleman makes an interesting point, which I will come on to in more detail.

The petition states that for

“twenty years it has been a specific offence to attack a Police officer conducting their duties”

and refers to section 89 of the Police Act 1996, which deals with assault police charges. However, although that section sets a precedent for making assaulting a particular sector of public servants a stand-alone offence, it was precisely because of that legislation’s shortcomings that we sought to do things differently and more comprehensively.

Assault police charges are summary only, so are triable only in a magistrates court. As the hon. Gentleman rightly says, the maximum custodial sentence for even the most serious assault police charges under section 89 —so-called category 1 offences—is 24 weeks, with offenders more likely to receive a fine or community order. Even if someone is given a custodial sentence for a category 1 offence, the sentencing guidelines for section 89 offences propose three questions:

“Has the custody threshold been passed?…if so, is it unavoidable that a custodial sentence be imposed?…if so, can that sentence be suspended?”

To me, none of that reinforces the seriousness of the crime or, more crucially, acts as a deterrent. I have seen examples of repeat offenders who, due to the problems with the assault police charge, have effectively collected suspended sentences. I share that information simply to explain why I have arrived at my proposals, which I believe would make our emergency services and NHS workers safer in their roles.

My Bill would make offences including malicious wounding, grievous or actual bodily harm and common assault aggravated offences when perpetrated against a police constable, firefighter, doctor, paramedic or nurse in the execution of his or her duty or, significantly, against someone assisting such persons in the execution of their duty. It would therefore cover NHS staff more broadly, which my hon. Friend the Member for Heywood and Middleton (Liz McInnes) mentioned. The Bill would ensure that tougher sentences were available to the judiciary when sentencing someone convicted of assaulting an emergency responder or NHS worker. As I said, the sentences handed down to offenders convicted of such acts must reflect the seriousness of the crime and, more crucially, serve as a tough deterrent to dissuade others from even considering committing such violence towards NHS workers in the first place.

Alex Chalk Portrait Alex Chalk
- Hansard - - - Excerpts

The hon. Lady makes a really interesting point, but the maximum penalty for causing grievous bodily harm with intent is life imprisonment in any event, and judges have sufficient sentencing powers to reflect the gravity of the aggravating factor of the attack having been on a public servant. Given that judges already have certain sentencing latitude, how would she change things?

Holly Lynch Portrait Holly Lynch
- Hansard - -

I welcome the hon. Gentleman’s intervention. It is perhaps just an issue of clarity and the weight that comes with such uniformed service roles. Perhaps the problem is as simple as someone who is particularly angry and comes into an A&E department and lashes out at an NHS worker, not understanding that deterrent. We must explore how to ensure that that deterrent is understood by people who arrive at A&E departments.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
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I am not a lawyer, but in response to the hon. Member for Cheltenham (Alex Chalk), although it is quite true that someone could get a life sentence, most judges use a scale that depends on the seriousness of the crime. As far as I am concerned, six months is too low to be a deterrent for such crimes, whether they are committed against national health service workers, policemen or public service workers. The sentence should be higher, and judges can be guided on that—the scales can actually be altered.

Holly Lynch Portrait Holly Lynch
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My hon. Friend is right. That is exactly my concern with the assault police charge, which I have explored in detail through my “Protect the Protectors” campaign. The maximum sentence for that charge does not seem to reflect its seriousness. We have to look at all the options available for sentencing.

Philippa Whitford Portrait Dr Philippa Whitford (Central Ayrshire) (SNP)
- Hansard - - - Excerpts

Hon. Members have mentioned that Scotland already has the Emergency Workers (Scotland) Act 2005, under which the maximum sentence for common assault is 12 months and the maximum fine is £10,000. That is about twice the general range in the rest of the UK. In Scotland, serious assaults like some of those that the hon. Lady describes are charged not under that Act but as serious assault, GBH or attempted murder, so the Act is very much for common assault.

Holly Lynch Portrait Holly Lynch
- Hansard - -

I thank the hon. Lady for that intervention. Again, in assault police charges we found that people were being sentenced under other crimes, which distorted the collection of information on frequency and prevalence of people committing those acts and brought into question the need to have a stand-alone assault police charge, if it is not effective in that regard. I approached the matter by asking what is the best way to sort out some of those charges, and what can we do? In putting together my Bill, it seemed like this was the best option.

One of the other aspects of my ten-minute rule Bill —it has been touched on already—would require someone who spits at or bites an emergency service or NHS professional to provide a blood sample to determine if that professional is at risk of contracting a communicable disease and would require antiviral treatment. If the Government were to adopt my Bill, it would become an offence to refuse, without reasonable excuse, to undergo such tests, much in the same way as it is to refuse a breathalyser test. That could save someone potentially unnecessary and invasive treatments as well as months of uncertainty and anxiety about whether they have contracted a potentially life-changing disease.

That anyone would assault or spit at an NHS worker is an absolute disgrace. The work that they do, often in the toughest of circumstances, should be met only with gratitude and admiration, never with violence. In seeking to protect them and all emergency service workers and NHS staff, my ten-minute rule Bill aimed to send a strong message. However, while it had cross-party support and proceeded unopposed, I am not naive about the nature of ten-minute rule Bills presented by Opposition Back Benchers; nor am I under any illusions about where we are in the parliamentary calendar. I therefore urge all MPs and campaigners to explore every opportunity to take action and bring about the changes we would like to see.

The spirit of my Bill was to say loud and clear that the public and elected representatives as legislators are on the side of NHS workers, and anyone who deliberately seeks to inflict injury on our medical professionals will feel the full and unavoidable force of the law. I wholeheartedly support any and all means of doing just that.

Criminal Justice System: Equality of Access

Holly Lynch Excerpts
Wednesday 30th November 2016

(8 years ago)

Westminster Hall
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Gerald Jones Portrait Gerald Jones
- Hansard - - - Excerpts

I am sorry, Mr Gapes.

It is hoped that the new Justice Secretary will shortly confirm that there will be no further reduction, but the warnings from lawyers to the Government have continued. They have warned about the future of the justice system, miscarriages of justice, and two-tier justice with one law for the rich and another for the poor. That is the peril we risk creating if ordinary people are denied proper legal representation.

Wealthy defendants in criminal cases sometimes seem to have unlimited resources and create the mistaken impression that justice can be easily bought or easily evaded. That may be unpopular. People convicted of the most serious offences may have benefited from legal aid. Newspapers often howl with outrage at the sums involved, but such cases are often the longest and most complex. The answer is not to deprive people of representation. If the state and the public choose and demand that certain activities are to be criminalised, a cost is involved. It is the mark of a civilised society.

We must ensure that those who want representation are represented. Only then can we be confident they are properly tried, and properly acquitted or convicted. A proper trial means competent prosecution and defence, and since 2010, the Crown Prosecution Service too has seen significant restraint. Its budget has been cut by around 25% and its staff has been reduced by 2,500. The Government will say this has not led to any problems and cannot be blamed for trials collapsing, cases being dropped or disclosure of important evidence being missed, but the truth is that the service is stretched and that has implications for access to justice.

Access to justice does not apply only to those accused. Victims of crime also need access to justice. They must be confident that their case receives the attention it deserves, that it is adequately resourced and that it is handled with care and expertise. Austerity has made access to justice more difficult for thousands of people, not just for the reasons I have given. Yes, the Government have cut legal aid and the budget for the Crown Prosecution Service, but they have also closed courts around the country. In February, it was announced that 86 courts and tribunals would be closed, but it was reckoned that 97% of citizens would be able to reach their required court within an hour by car. That is fine for those who have a car and drive, but what about those who do not? Many people rely on public transport and for them the journey time is greater. With those closures and greater travelling times comes a diminution in the principle of local justice.

Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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My hon. Friend is making a powerful speech. Two of the courts that were closed across the country were in my constituency. Some of the reasoning was that the closures would facilitate a roll-out of technology and that access to justice would be more available than ever, but nothing has replaced the closure of those courts. There has been no technology, no hubs and no additional video link technology. We are left with a significant deficit in access to justice.

Gerald Jones Portrait Gerald Jones
- Hansard - - - Excerpts

My hon. Friend makes an interesting and correct point, which underlines the position across the country where access to justice has been denied to too many people. It has been replaced not with an improved service, but with a diminution in the principle of local justice.

The Government have rightly looked at technology to ameliorate some of the problems. Trials have been launched with greater use of video links, including for defendants who need not appear in court unless necessary. Mobile vans have been parked near witnesses’ homes to allow them to give evidence without going to court. However, there are other examples, to which my hon. Friend alluded. Solicitors in Exeter were left frustrated by a new court system enabling all defendants to appear over a video link from local police stations to Plymouth magistrates court but which, however, denied them proper and private consultations with their clients. Technology must be utilised, but it must not be assumed to be good in and of itself. It must not be adopted without allowing defendants a proper defence—there must be no compromise on that.

We are worried about access to justice. One of the first acts of my right hon. Friend the Member for Islington North (Jeremy Corbyn) on becoming leader of the Labour party was to ask Lord Bach to convene a commission to assess access to justice in our system, and it is considering what can be done to improve the current situation. An independent group of commissioners is looking at the whole system. They have been invited not for their party sympathies, but for their expertise. An interim report was recently launched and is already a great piece of work with innovative and exciting ideas. It is hoped that it will be finalised next year.

Lord Chief Justice Thomas observed earlier this year that

“our justice system has become unaffordable to most”.

There can be no greater indictment of the position we find ourselves in today. I hope the Minister can offer some reassurance but, sadly, I do not hold out much hope.

Oliver Heald Portrait The Minister for Courts and Justice (Sir Oliver Heald)
- Hansard - - - Excerpts

I join the welcome to you in the Chair, Mr Gapes. I congratulate the hon. Member for Merthyr Tydfil and Rhymney (Gerald Jones) on securing this debate on an important subject.

Access to justice is at the heart of everything we do in the Ministry of Justice. The sad thing about the hon. Gentleman’s remarks—of course he is entitled to point to areas where things are unsatisfactory—is that he did not talk about the context. The context is that there are far fewer cases and that, because of that, in some parts of the country courts sit for only a quarter of the time they could sit. Therefore, we are working against a changing picture, and not least against the background of the Government spending £1 billion to modernise our courts and tribunals. Every time one introduces modernisation, one has fewer unnecessary directions hearings; and one enables witnesses to give evidence by video link. Any of these changes affect the sort of court estate we need and issues of access to justice, but in a positive way. It is clear that he has concerns about access to justice and I hope that I can reassure him.

We are still spending a great deal of money on legal aid. The changes the hon. Gentleman referred to were made by the then Lord Chancellor, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), to concentrate legal aid on matters of most importance to individuals—for example, when a home was a risk, where someone’s livelihood was at risk because of the threat of imprisonment in a criminal case, or where someone might lose their children in a care case involving domestic violence. I think most of us would agree that my right hon. and learned Friend concentrated the effort where it was most needed. I do not think it is seriously arguable that he did not.

A review by March 2018 of the Legal Aid, Sentencing and Punishment of Offences Act 2012 was promised; it has to be completed by a particular date in March 2018. We have only just entered the period in which the review might have started, so it is not as though we have been dragging our feet for years. The review will go ahead.

To say that in this country we do not have debt and housing advice is incorrect. What is the citizens advice bureaux network doing? It is providing just that. On Friday, I opened a new bureau in Letchworth, where the debt and housing advice from Citizens Advice is well regarded. Shelter, which has a contract with the Legal Aid Agency, is a fantastic organisation giving advice about housing matters. The Department for Work and Pensions puts a great deal of effort and time into welfare benefit advice and giving people information.

The hon. Gentleman suggested that there were legal aid advice deserts for housing law. That is not so. Every part of the country has housing advice available. The point about housing advice is that in some areas of the country there are many more housing cases in which people might lose their homes than there are in others, so the provision is not exactly the same in each place, but it is national. The fact that there is one provider with a number of offices in one place does not mean that there is no advice. There is advice from that provider, and often the provider is very expert. If we said that that area had to have two firms, we would reduce the amount of work available to the provider that has the expertise, so it is not as simple a question as the hon. Gentleman suggested.

I was glad that the hon. Gentleman mentioned Sir Ivan Lawrence. I do not remember the occasion in question, but I pay tribute to his contribution in this place over many years before his retirement.

Turning to access to justice more generally, I think it is true to say that our courts and tribunals are open to everyone, regardless of their circumstances and location. As my right hon. Friend the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals made clear in their joint statement in September, a modernised Courts and Tribunals Service must be just, proportionate and accessible. It would be undermined if it were not. However, the services that our courts provide at the moment do not always accommodate our citizens’ busy lives or meet customers’ accessibility needs. Access to justice is not just about how close people are to a court. Our programme will reduce the need for many customers to attend court. Modern technologies offer significant benefits in that respect, and we intend to explore every opportunity to use those technologies to make access to justice easier.

Holly Lynch Portrait Holly Lynch
- Hansard - -

To return to my point about the courts in my constituency having closed, I completely buy the notion, if we are starting from a position of what is best practice in supporting vulnerable victims and witnesses through the court process, that having old-fashioned buildings was not necessarily the best practice that we would like to see, but nothing—no technology, digitalisation or modernisation of the justice system—has come in to replace the courts in my constituency. Can the Minister give me any information on what might be happening?

Oliver Heald Portrait Sir Oliver Heald
- Hansard - - - Excerpts

I am of course happy to look into the situation in Halifax and write to the hon. Lady, but I will make this point to her. Because our courts are used for only about 50% of the time, we are trying to use them more fully and to have courts that are more modern and have modern communications—wi-fi, video links and so on—so we are closing some courts and investing the money in improving the remaining ones. That is the overall plan.

The Lord Chief Justice gave this example—a Welsh example—the other day to the Select Committee on Justice. Wales is mountainous in parts and has road issues and so on, but in Dolgellau, where the court was closed, a video link has been established so that it is easier for local residents to give evidence and they do not have to travel to Caernarfon, for example. There are areas where such changes have already been made. There are some areas where we are proposing to make suitable alternative arrangements, and we have a more general programme of considering questions such as whether it is possible to sit a court for a particular case in, say, the town hall or another public building. Such courts have been characterised as pop-up courts. We also have that initiative, which we are working on at the moment. Attempts are being made, but I will of course write to the hon. Lady about Halifax.

A significant amount of the work of magistrates courts will be conducted online. That will of course mean less attendance at courtrooms. It will increase the speed of the process, save money and remove the need for defendants to attend court at all. Our ambition is for attendance at a court building to be reserved for the more serious cases, in which there is to be a trial or there is a serious issue of sentencing.

We are making a lot of progress. The common platform programme has already introduced the ability to plead guilty online for certain traffic offences, as part of the single justice procedure whereby one magistrate deals with the cases. We have introduced wi-fi into all criminal courts, and the programme will continue so that we get an end-to-end digital process. The police will build a digital file, which will go to the CPS, which will put it into the right condition for court. Then, once it is going to court, all the users of the system will be able to draw down that information, that case file. The judge will be able to give directions online. We will have far fewer ineffective hearings and hearings that it would be possible to avoid by using technology.

Many vulnerable people come into contact with the courts, and it is important, through the changes, to ensure that they are helped to access digital services. We are currently consulting on how to improve their access to the digital process, as part of the announcement that was made in September.

The hon. Member for Merthyr Tydfil and Rhymney represents a constituency in south Wales. He will know that, during the consideration of court closures in that area, particular efforts were made to find suitable alternative provision; we have discussed places such as Dolgellau. I appreciate that some individuals may find themselves in difficult circumstances when needing to attend court. Anyone who has a concern about travelling to court on the same transport as the person they are accusing or anything of that sort should make it clear to the police and the CPS that they have that concern. Arrangements will always be made to ensure that witnesses can get to court in a satisfactory way.

It is right to thank the hon. Gentleman for initiating the debate. It is important to recognise that we are in a period in which crime is falling, the number of cases is falling and the way in which we do the work is changing, so he is right to say that, when it comes to legal aid for criminal cases, there is a case for discussion and seeing whether it is possible to improve the two main legal aid schemes: the advocates scheme and the litigators scheme. I can assure him that the Ministry of Justice is in productive discussions with both parts of the profession—the Bar and solicitors—to see whether we can find legal aid schemes for their work that are more attuned to modern needs, but that also fit in with career progression and all those things that are of concern to the Bar and solicitors. We are doing that actively at the moment; we are in discussions with them.

The hon. Gentleman recalled some remarks that were made at the time suggesting that judicial review would be dead following the changes made by the then Lord Chancellor, who is now my right hon. Friend the Secretary of State for Transport. In fact, more than 4,500 cases were started the following year, so I think he is right to feel that that did not happen after all.

The hon. Gentleman mentioned the review of employment tribunal fees. I cannot tell him the outcome yet, because we are still doing it, but I think it is good that the Government are prepared to review that issue, just as we are also reviewing the immigration fees at the moment. I do not think that should be criticised; I think the hon. Gentleman should welcome it.

Question put and agreed to.

Oral Answers to Questions

Holly Lynch Excerpts
Tuesday 26th April 2016

(8 years, 7 months ago)

Commons Chamber
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Dominic Raab Portrait Mr Raab
- Hansard - - - Excerpts

My hon. Friend raises an interesting point that is grounded in practice from overseas, and we would certainly be willing to consider that during our consultation.

Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
- Hansard - -

7. What progress has been made on the modernisation programme to upgrade technology in the courts and tribunal estate.

Shailesh Vara Portrait The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
- Hansard - - - Excerpts

I assure the hon. Lady that significant progress has been made to upgrade technology in the courts and tribunal estate. The vast majority of our criminal courts are now equipped to work digitally, and we are reducing reliance on paper bundles. New digital services such as in-court presentation, shared drives and wi-fi are enabling professional users, the judiciary and court staff to work digitally.

Holly Lynch Portrait Holly Lynch
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As the Minister knows, the magistrates court and the family and county court in Halifax are due to close. An answer to a recent written question revealed that overall investment plans for the courts and tribunal estate have not changed or been updated following the announcement that 86 courts were to close across the country. What plans are there to update the digitalisation programme to include measures that ensure that justice is accessible in areas that are soon to be without a court?

Shailesh Vara Portrait Mr Vara
- Hansard - - - Excerpts

I know the hon. Lady takes this issue very seriously, and I want to assure her that it is at the top of the agenda in my regular meetings with the senior management of the Courts and Tribunals Service. A lot is happening, however, not all of which gets into the public domain. For example, we are reducing reliance on paper bundles in the criminal courts, and the digital case system in Southwark Crown court now holds over 94,000 pages of information that would otherwise have been printed in triplicate. Also, the new national automated rota system for magistrates, which is now live for 2,500 magistrates, has eliminated a complex and error-prone manual process.

Court Closures

Holly Lynch Excerpts
Thursday 24th March 2016

(8 years, 9 months ago)

Commons Chamber
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Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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I thank my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) for her hard work in securing this important debate today.

Halifax is unusual in that two courts are closing in my constituency as part of the changes. Both Calderdale magistrates court and Halifax county court and family court, currently in two different buildings, will be closed and the majority of the workload transferred to Bradford. Anyone who has seen the recent BBC series “Happy Valley”, which is set in my constituency, may be forgiven for thinking that there is surely enough criminal activity in Halifax to keep two courts busy processing criminals around the clock, perhaps even with enough demand to open a Crown court, owing to the severity and frequency of the criminal activity that takes place there. I am pleased and relieved to inform hon. Members that “Happy Valley”, albeit thoroughly gripping television, is not an accurate portrayal of law and order across Calderdale.

Back in the real world, and perhaps unlike other constituencies, we were prepared to work with the Government on the closure of one of our courts. We recognised that efficiency savings could be made, and in a move predominantly led by the local magistrates bench—I thank them for their detailed analysis and work on the proposals— we actively campaigned for a merging of the courts in a way that would deliver a cost saving to the Government while maintaining access to local justice. However, the announcement last month—delivered in a written statement, as a number of my colleagues have pointed out, on the last day before a recess—that both courts would close revealed that the Government’s ambition for savings would not accommodate this proposal.

Like most MPs, fighting injustice is largely what motivates me to do this job, and I would argue that British values and our standing in the world are entwined with our fair and accessible justice system, which has paved the way for so many others around the world. We never know when we might be a victim of crime or witness a crime. We live in hope that we never have a family breakdown so serious that we require guidance from the family courts. Injustice takes many forms and the two courts in my patch play an essential role, not only in righting wrongs, but in resolving all manner of often difficult and sensitive disputes.

The arguments about access to justice and the merits of this have been well rehearsed over the course of the consultation and throughout the debate, so I will focus on challenges to the Government, which I hope the Minister will recognise in his winding-up remarks. The closure of 86 courts and tribunals has been packaged not as closures at all but as a means of facilitating a justice revolution, driven by technology that will make justice more accessible than ever before.

The Government have committed to spend £700 million over five years to modernise and fully digitise the courts. However, a written question to the Minister tabled on 7 December and answered on 29 February revealed that £1.35 million was spent on delivering the digitisation programme in courts whose closure has subsequently been announced. Although the response outlined that the vast majority of this expenditure was in reusable hardware assets which could be reallocated to other sites, representatives from the courts in Halifax tell me that thousands of pounds will have been wasted in costs associated with the installation and custom cabling in buildings soon to be closed. Is the £700 million figure quoted a new fund that will mitigate the access gap created by the court closures, or does this figure include moneys already spent as part of the digitisation programme in courts that we now know will be closed?

To echo the sentiments expressed in the Chamber, I was grateful for the opportunity to meet the Minister in person to present the case for merging the courts, and I know that he met separately representatives from the magistrates bench in Calderdale. It was not clear to me what services the Government would provide in the roll-out of this technological revolution in justice, and what responsibilities might fall to local authorities and even law firms working privately to bridge the access gap.

Our local authorities are cash-strapped, particularly in Calderdale where the devastating Boxing day floods, combined with other pressures, have placed an unprecedented burden on the budget, and I would be concerned if the Government were expecting local authorities to play a role in part-financing some of the changes that might be required. I would be even more concerned if the Government were expecting the private sector to step in and introduce the technology required to mitigate the closure of the courts, in a way which will inevitably introduce a postcode lottery to accessing justice. We have heard from colleagues about challenges linked to mobile coverage and broadband cover, which would inevitably contribute to the postcode lottery. I would be grateful if the Minister could clarify what role he expects local authorities and the private sector to play in the digitisation process.

I want to outline the impact that the closures will have on the local economy, as other Members have identified. The two courts in Halifax are located at the top end of the town centre and are surrounded by a number of law firms in what could be described as the legal quarter. Like Wakefield, we have a post office due for closure in the same part of town. Back in October, I sent a letter to the Secretary of State signed by 13 representatives of law firms which, by no coincidence, are situated in close proximity to the courts. Those law firms, paying rates, employing highly educated professionals and paying good wages in my constituency, are now considering their futures in Halifax. Several are considering following the workload to Bradford and although I accept that there will still be clients in Halifax, will there be enough to keep all those jobs there? I reiterate once more that there is not as much work for lawyers in Halifax as “Happy Valley” might suggest.

With the court buildings empty, the potential for a number of surrounding offices to be empty as a result would not be at all healthy for that area of the town centre and would place quite a burden on the local authority in terms of regeneration. Ultimately, like many of my colleagues across the Chamber, I am worried about how this will impact on those who are regular attenders at the courts. Far from those being exclusively repeat offenders, staff from social housing provider Pennine and representatives of the local authority—Calderdale council, Calderdale women’s centre, police officers and youth offending services—are just some of the predominantly public services and charity organisations which stand to be inconvenienced by the closures. Let us be clear. When I say “inconvenienced”, that means extended journey times, and therefore more costly journeys, and potentially extended periods out of the office dealing with court appearances or formalities. Inconvenience is a cost, and when we are dealing with public services, it is a cost ultimately picked up by the taxpayer.

I am looking for assurances from the Minister that the justice revolution is real and deliverable in the appropriate timeframe, and that the funding is available. I am looking for clarity on what wastage there has already been in delivering the digitisation programme. I want to know that consideration will be given to assisting local authorities in managing the closure of the courts and any resulting impact that this will have on town centres and on the businesses that relies on their proximity to the courts. Finally, I seek an assurance that the Department for Justice is genuinely delivering a cost saving to the taxpayer with these closures, not just a saving to the Department—that it has not just passed some of the cost to local authorities, some to the Home Office and some to social housing providers and charities, and that the Department’s ambition to achieve savings has not compromised what is sensible and practical in our world-renowned justice system.