Voyeurism (Offences) (No. 2) Bill

Liz Saville Roberts Excerpts

Second reading committee: House of Commons
Monday 2nd July 2018 General Committees

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

It is a pleasure to serve under your chairmanship, Ms Buck. I congratulate the campaigners, and also the hon. Member for Bath on her original Bill. I also thank the Government for introducing this Bill.

Back in 2016 I brought forward a ten-minute rule Bill that included measures such as those in the Bill, although it was unfortunately not possible to bring it through to a parliamentary conclusion. That ten-minute rule Bill drew attention to the complexity of the statutes that currently apply to sexual harassment, hate crime and digital technology, which inevitably results in inaction or inconsistency in the approach of the police and the courts. The Bill is a welcome step forward, but there is a need for a complete overhaul and review of sexual offences. I support the Bill moving forward on Second Reading.

A review of all non-consensual taking and sharing of private intimate sexual images, including threats and altered images, such as revenge porn and deepfake pornography, as well as further legislation to future-proof and modernise the law, would protect more victims in an age when the present legislation simply fails to reflect the prevalence of such offences, their impact on victims and the nature of technology and how it is moving ahead. The primary test for legislation is for it to be effective, so I will work with others to amend the Bill. I encourage colleagues who believe doing so might be beneficial to do the same. I believe that it can be strengthened if we consider motivation factors, notification requirements and the distribution of images.

First, the Bill would currently make upskirting an offence only when conducted for the purposes of sexual gratification or to humiliate, which requires further definition. As has been mentioned, the Bill does not criminalise upskirting for financial gain or where the motivation is to take images and to share them among a group of friends as a means of “group bonding”. Instead of focusing on the motivation of the perpetrator, the Bill focuses on whether the victim’s consent was received, regardless of the motivation. We know how much of an impact these offences have on victims.

Secondly, the Bill subjects the offender to notification requirements only if they committed the crime for sexual gratification and when certain age and sentencing requirements are met. That disregards the fact that taking an intimate photo of someone without his or her consent is, by nature, a sexual crime, so all offenders, whatever their motivation, should be subject to notification requirements if they meet the sentencing threshold. There might well be cause to look at the prosecution specifics, if necessary, to protect against the undue criminalisation of minors—that provision is present in other sexual offences legislation, if I understand correctly.

Finally, there is an absence of a specific provision covering the distribution of images, which means that the Bill fails to reflect the ubiquity of social media and the gravity of victims’ suffering. There could be a situation in which taking an image for the purposes of sexual gratification would be illegal under the Bill, but sharing it with exactly the same motive would not be a criminal offence in itself. The Bill should therefore include an additional offence of non-consensual sharing of intimate images.

I reiterate that I am pleased that the Bill will improves the law by making upskirting an offence, but I would beg that, at the same time as reflecting the urgency of what we are all trying to do, we ensure that the law is robust and effective and will stand the test of time.

Upskirting

Liz Saville Roberts Excerpts

Monday 18th June 2018 Commons Chamber

[Lucy Frazer]

My hon. Friend makes an important point. It is something that I would wish to see.

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

Upskirting is an example of digital technology and criminality moving faster than the law. Legislation to tackle the criminal misuse of digital technologies and services includes at least 30 statutes and measures. Does not the Minister agree that a review of the sheer complexity of the legislation on digital crime is urgently required?

[Lucy Frazer]

The hon. Lady points out that technology leads to more sexual acts being disseminated, and there are economic issues relating to digital technology. As I said earlier about the matters that fall within my portfolio, the Ministry of Justice is looking at this matter as it relates to sex and criminal offences, but I reiterate that the Bill deals with a specific issue that we think needs to be tackled and can be tackled immediately.

Oral Answers to Questions

Liz Saville Roberts Excerpts

Tuesday 5th June 2018 Commons Chamber

The Secretary of State was asked—

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

1. What assessment he has made of the potential merits of introducing a Prison Service parliamentary scheme.

[The Minister of State, Ministry of Justice (Rory Stewart)]

I pay tribute to the hon. Lady and, indeed, to my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson). The idea is for a parliamentary scheme focused on the Prison Service, along the lines of the parliamentary schemes for the police and the armed services. This is an exceptional opportunity to show the public, through their elected representatives, the extraordinary work that prison officers do day in, day out. It is a very tough and a very challenging job, so, inspired by the hon. Lady and my hon. Friend, we have asked the Department to develop a scheme of exactly the kind that they have proposed.

[Liz Saville Roberts]

I am delighted to hear the Minister’s response, as, I am sure, are the leaders of the Prison Officers Association who are with us in the Gallery today. I am sure he will agree that this must not be just a stage-managed public affairs exercise, and I ask him to commit himself to working with the POA on the design of the scheme.

[Rory Stewart]

That seems an excellent idea, and I am glad that the POA representatives are here today. As the hon. Lady—and any other Members who have visited a prison—will know, prisons are rarely stage-managed affairs, but we will work closely with the POA to ensure that the scheme reflects the experience of working prison officers.

Housing and Access to Legal Aid

Liz Saville Roberts Excerpts

Wednesday 16th May 2018 Westminster Hall

[Ruth Cadbury]

My hon. Friend is absolutely right. There are parts of the country with no appropriate legal advice services. For people in rural areas, having to travel tens of miles to find the appropriate advice, when they are already on a low income, is shocking.

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

I congratulate the hon. Lady on securing the debate. North-west Wales has only one provider of housing legal aid for a population of more than 300,000 people. Travel has already been mentioned, but we should also note that a single provider might not have the capacity to deal with the needs of all its potential clients, and may well have to put people on lists based on their needs. Some people who need urgent help might not be reached. Secondly, that single provider may also—[Interruption.]

[Mrs Anne Main (in the Chair)]

Order. The hon. Lady is not making a speech. There should be no first and secondly; there is one intervention.

Prison Officers: Working Conditions

Liz Saville Roberts Excerpts

Wednesday 2nd May 2018 Westminster Hall

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

I beg to move,

That this House has considered the working conditions of prison officers.

Before I begin, I should explain that I have three prisons in my constituency, and I have raised regularly in this House issues that concern people working in them. As I have done on many other occasions, I pay tribute to the fantastic men and women who work in Elmley, Standford Hill and Swaleside on the Isle of Sheppey. I am immensely proud of those dedicated, hard-working professionals, who work in an extremely challenging environment, facing the threat of violence almost daily with few complaints and a great deal of courage.

Violence is not the only issue that concerns prison staff—I intend to talk about numerous other issues later —but I will start by addressing it. Ministry of Justice figures show that violence in our prisons is at its highest level since records began. In the last quarter, there were 21,270 prisoner-on-prisoner assaults, of which 3,029 were serious. At the same time, there were 8,429 assaults on prison staff, of which 864 were serious. In one quarter alone, about 4,000 serious assaults took place. Given the nature of what constitutes a serious assault, I suspect many were carried out using some form of offensive weapon.

The Serious Crime Act 2015 made it an offence to be in possession in prison of an offensive weapon, so I would expect action to have been taken against those assailants. However, during 2015 and 2016, there were just 149 prosecutions, which hardly seems to be a deterrent to potential troublemakers. Such a low prosecution rate means that offenders know that if they attack a prison officer, they will probably get away with little more than a slapped wrist.

The lack of prosecutions against violent prisoners by the police and the Crown Prosecution Service has been a long-standing bugbear of mine. I have pointed out on a number of occasions—I make no apology for doing so again—that if a police officer is attacked while on duty, the full weight of the law rightly comes down on the attacker. However, if a prison officer is attacked while on duty, too often nothing happens. That cannot be right.

There are a number of reasons for the increase in violence, and I will touch on a few of them. There has been an increase in organised crime in prisons. I have heard stories of prisoners resorting to violence to avoid the risk of early release because their criminal activities in prison are so lucrative. There has also been an increase in the number of gangs in prisons: they are behind much of the organised crime, including the supply of drugs, which is big business.

The use of drugs in prisons is a huge problem, as I am sure we are all aware. A steady supply is smuggled in by visitors, corrupt prison staff and, increasingly, drones. My local prisons have introduced drone-exclusion zones, but they have no real means of enforcing the ban. The problem will be solved only by installing in every prison a system to detect, track and jam drones before they reach their destination.

Another concern is the increased incidence of prisoners smoking Spice and other harmful drugs in their cells. When prison officers enter the cell, they are at risk of harm from inhaling the lingering smoke. I know of a young prison officer in one of my prisons who was seriously affected by the inhalation of Spice fumes and had to be sent home because he was so ill. To counter that, gas masks should be made available to prison officers who enter cells in which it is suspected that an inmate has been smoking harmful substances, such as Spice. Stemming the flow of drugs is essential, and prison officers believe that the task of detecting drugs will be improved by the use of more sniffer dogs in prisons. I urge the Minister to consider that.

Drugs are not the only issue making the management of our prisons difficult. Mobile phones are also a big problem, as they are used to conduct much of the illicit business in prisons. People perhaps do not realise that mobile phones can be used to take photographs of prison officers, which can be sent to contacts outside the prison, who then intimidate them. The Prisons (Interference with Wireless Telegraphy) Act 2012 was supposed to help solve that problem by allowing phone signals to be blocked, but I understand that there have been difficulties implementing the Act. That is why I welcome the new Bill going through Parliament, with Government support, which will make it easier to prevent the use of mobile phones in prisons.

Combating prison violence can be problematic for a number of reasons, including the lack of control in some prisons. For instance, the Prison Officers Association alleges that prison managers sometimes fail to stick to the agreed regime management plans, which are put in place to set out work practices based on the number of officers available at any given time. The POA claims that some prison managers ignore RMPs because they fear the reaction of prisoners if they are not allowed out of their cells, even if there are not sufficient prison officers to supervise them. That leads to too many prisoners being unlocked without proper supervision. I should add that there is no evidence that that is happening in my three prisons.

That leads me nicely to another problem: the lack of prison officers. The Prison Service is in the process of recruiting more officers. Like the POA, I welcome that recruitment drive, but the influx of new recruits has presented its own challenges. Under benchmarking, the Prison Service lost thousands of experienced prison officers. They have been replaced with young, inexperienced officers, who are being asked to manage increasingly violent prisoners. We must do our bit by giving them the tools they need to do their job safety and effectively. One such tool is PAVA—pelargonic acid vanillylamide—which is similar to a pepper spray and is widely used in the police force. The Prison Service is piloting the PAVA in four prisons, and the results have been extremely positive.

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

I congratulate the hon. Gentleman on securing this debate. I rise as the co-chair of the justice unions parliamentary group. He made a comparison with police forces. I have taken part in the police service parliamentary scheme, which enables MPs to gain a fuller understanding of the nature of the work that we expect public servants, including prison officers, to do. Will the Minister consider establishing in prisons something along the lines of the police service parliamentary scheme so that Members of Parliament can go into that environment? I appreciate it is very dangerous, but we could none the less learn much from it and take away much that would be of benefit to our public servants.

[Gordon Henderson]

I welcome that intervention, and I will talk about that issue later in my speech.

I met my local police chief inspector, who happens to be a very small woman, and she said that, without PAVA, she would not be able to do her job on the beat. Between November 2017 and February 2018, HMP Bedford recorded 23 assaults on staff, of which two were classified as serious, whereas, HMP Preston, which has a larger prison population, recorded just eight assaults on staff, of which one was classified as serious. It cannot be a coincidence that, during that period, officers in Preston were issued with PAVA, but those in Bedford were not. The use of PAVA seems to be a no-brainer. I urge the Minister to roll out its use and issue PAVA to all prison officers in all prisons without delay. I would also like to see made available to prison officers rigid handcuffs, radios and body-worn video cameras.

The environment in our prisons gives rise to another big concern. Unlike police officers and firefighters, prison officers have to work until they are 66 years old. Over time, that will increase to 68.

Court Closures and Reform

Liz Saville Roberts Excerpts

Tuesday 27th March 2018 Westminster Hall

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

I beg to move,

That this House has considered court closures and reform.

It is a pleasure to serve under your chairmanship, Mr Gray. I am very pleased to have secured this debate on an extremely important topic that is long overdue for discussion.

The justice system is to undergo a radical programme of modernisation. The Minister will no doubt tell us about the potential for information and communications technology to deliver efficient and improved justice. However, against a backdrop of 40% cuts to the Department’s budget since 2010—the most of any Department—there is serious concern that this will be done without the proper safeguards to prevent our justice system from being undermined, and that it will therefore lead to reputational damage.

In January, the Government announced a consultation on the future estates strategy for the Courts and Tribunals Service, with a focus on ensuring access to justice. Separate to that are five consultations on proposals to close a further eight courts: the Banbury magistrates and county court and Maidenhead magistrates court, which will have a direct impact on my Slough constituents; the Cambridge magistrates court; the Chorley magistrates court and the Fleetwood magistrates court; Northallerton magistrates court; and Wandsworth county court and Blackfriars Crown court. Given how many courts the Government have closed in recent years—258 since 2010—there seems little doubt about what conclusion will be reached. Are the consultations not simply a smokescreen for yet more court closures and staff losses?

Capacity should not be the only criterion used to determine court closures. Geographical coverage and the representation of the justice system throughout our country are also important. As I will set out, there remain genuine concerns and a serious lack of detail to the Government’s plan to use technology in the court system, to reduce the court estate and to change the role of case officers. There could be no better response from the Minister today than an announcement that the Government are finally publishing the draft courts Bill. I hope she will give the date for that, as only then can the reforms be subjected to full scrutiny.

Thousands of court staff have been axed in recent years—more than 5,000 since 2010. That is an incredible number; however, the consultation is silent on the impact that further closures will have on staff. Indeed, they are merely called “other impacted groups”. On top of that substantial loss of expertise and experience, the closure of the eight courts would displace more than 130 staff. Does the Minister agree that court staff should be properly included in consultations?

Against this background of funding cuts, court closures and loss of staff and their expertise, outsourcing and temporary staff costs have rocketed. Figures obtained by the Opposition show the cost of the Government’s obsession with outsourcing, privatisation and the use of agency work. The Courts and Tribunals Service spent some £50 million last year on agency and contract staff—a tenfold rise since 2010.

The Government claim that these closures are part of a £1 billion modernisation of the courts service through better use of technology. Where is the evidence to justify the push for a digital courts programme? The Government should publish the business case for their modernisation programme so that the risks of a move to online and virtual justice can be fully examined.

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

I speak as the co-chair of the justice unions cross-party group. Does the hon. Gentleman share my fears that we have not yet had an effective evaluation of the impact of digital technology on justice and on whether court proceedings carry on? That should be done as a matter of urgency before the Government introduce yet further digital technology into the court system.

[Mr Dhesi]

I thank the hon. Lady for her pertinent point and fully concur, as I will elaborate.

Virtual courts may significantly increase the number of unrepresented defendants, discriminate against vulnerable defendants or those who do not speak English well, and negatively affect the relationship between defence lawyers and their clients. There are already concerns about video equipment that is in use, including technology failure, poor sound quality and mismatches of sound and image.

In my constituency, I have a large volume of immigration cases. Reports of video links between the Taylor House tribunal hearing centre and Gatwick detention centre breaking down are frequent, as are complaints about the poor sound quality. I am told that users must shout to be heard. That has been unresolved for many years. Likewise, there are concerns about the difficulty of holding confidential discussions where there is inadequate soundproofing. The Bar Council stated last month that

“virtual hearings diminish the ability of parties to follow proceedings and to understand each other. This inevitably will have serious consequences on the quality of justice as it is done and as it is seen to be done.”

Given the current situation, what plans are in place to guarantee that legal advice discussions between clients and lawyers remain confidential when held over video link? In the rush to digitalisation, where is the evidence, rather than the mere assumption, that there will be a reduced need for court buildings in the near future? After all, the Courts and Tribunals Service has recently confirmed that virtual hearings will not be imposed where participants do not wish it, so it is likely that physical hearings will be the norm for some time to come. Has that been a factor in any of the consultations?

I would also like to discuss travel times to court, which will be a significant issue if the courts estate shrinks further. Longer journeys will have a negative impact on the delivery of justice. As the Chair of the Select Committee on Justice, the hon. Member for Bromley and Chislehurst (Robert Neill), wrote recently to the Minister:

“No convincing policy justification has been offered for the current proposal, which appears to favour the principle of value for money over the principle of access to justice.”

--- Later in debate ---

[Liz Saville Roberts]

I represent Dwyfor Meirionnydd. Dolgellau, the last magistrates court in my constituency, was closed in the last round. It is now impossible to arrive at either Aberystwyth or Caernarfon, the alternative courts, from Meirionnydd by 9.30 am. Does the hon. Gentleman agree that given the situation in rural constituencies, this discriminatory approach needs to be evaluated thoroughly before we move to further changes?

[Mr Dhesi]

The hon. Lady speaks with a great deal of experience. Indeed, while this will impact everybody in our country, the impact on rural communities will be disproportionately higher.

Does the Minister agree with the Chair of the Justice Committee’s remarks? Our constituents must not be discouraged from seeking justice, and witnesses must not be put off giving evidence. Is the Minister not concerned that court closures will make it less likely that victims and witnesses will travel to courts to give evidence? The equality analysis accompanying the consultations makes no mention of the indirectly discriminatory impact of lengthy round trips on elderly people or women, who are more likely to be caring for pre-school and/or school-age children.

There are relevant points of fact on travel time that consultations neglect to take into account. The consultations assume that a court user is on time if they are there at the time when the hearing is due to start, rather than in advance, when negotiations may take place or further instructions may be given. The Minister will be aware that in a public law children’s hearing, it is a requirement that all parties attend court an hour before the hearing. Will she ensure that such factors are considered when travel time is assessed?

What assessment has been made of access to justice if court users are required to pay for overnight accommodation, leave home in the early hours or return home late at night?

--- Later in debate ---

[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Gray. I am here because I am a member of the Justice Committee, which is meeting now. I have permission from the Chairman, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), to attend and speak in the debate.

The hon. Member for Slough (Mr Dhesi) has raised an important point about access to justice. We ought to keep that concept firmly in mind. We in the Committee—certainly myself—are concerned for access to justice to remain a preferred concept throughout the process, and for it to permeate everything we think and do.

There is a need to maintain a network of well-maintained and fit-for-purpose courts. I understand what the hon. Gentleman has said but, unfortunately, some courthouses are not fit for purpose, and it is necessary to root them out, look at them and make changes to the way they function.

There are three other reasons why the court system is undergoing change and why it needs to be rigorously looked at. The first reason relates to Lord Justice Briggs’s work to set up the online courts, which are not yet set up in full. Lord Justice Briggs has made proposals to change the civil rules that govern how the courts work, which are being piloted in a three-stage process. It is an attractive system for running the courts, particularly for people who wish to avoid huge legal costs. The way in which the courts are being sorted out by that process is focused on the needs of individuals, because litigants in person are expected to be its clients.

[Liz Saville Roberts]

I listen with great interest to what the hon. Gentleman says, but does he share my concern that there are discrepancies in power between a person at a distant site contacting a court through video conferencing and a person in the court itself? We need to consider the impact of that on justice outcomes before moving ahead. As the process is at such an early stage, now is the time to do that.

[John Howell]

I will speak about aspects of the technology, but postpone answering that question for now, if I may. Having discussed online courts with Lord Justice Briggs, I am enthusiastic that they will come through in the fullness he wants.

The second reason for change is the need to improve technology. I recently did an Industry and Parliament Trust fellowship in law, where I sat with a number of judges in the High Court and the Court of Appeal for two and a half weeks. I sat with Mr Justice Knowles in a hearing in the commercial courts that was conducted entirely in Portuguese, because a Portuguese lawyer had brought the case and had elected for his case to be heard in English law. The level of sophistication of the technology had to be seen to be believed. Almost instantly after the appellant said something, the judge got a transcript in English on his laptop on his desk in front of him. That was an extremely efficient way of using technology. In the Court of Appeal, I saw for myself in a number of sentence referral cases that the court had been connected via video technology to the individual who was still in prison, in order to hear the case. I am absolutely convinced that that is a correct way to try to improve the technology.

In contrast, I experienced sitting with an employment tribunal where, as far as I was concerned, it was so antique that we might as well have been using the quill pen. Three judges were sitting. I coughed and spluttered when they said they would sit for seven days, but it was seven days because a litigant was appearing in person. Nothing was done that could not have been done on the first day—the other days were scheduled in order to ensure that more time could be given to the litigant if necessary.

--- Later in debate ---

[Liz Saville Roberts]

I want to alert people to the need to be very careful about how we use different languages in the courts, with reference to the last round of court closures. The Ministry of Justice has a Welsh language scheme, part of which is a requirement to carry out an impact assessment of changes. I and others had to press for that impact assessment to be carried out. Welsh speakers have a right to use their language in court, but with technology and changes to courts, that is truly a matter of concern.

[John Howell]

I will stick to the point that I started making. From what I have seen of how the courts are using technology, it is going in the right direction. The courts are making full use of the technology—indeed, they are pushing the technology beyond how we would normally expect it to be used.

The third element is alternative dispute resolution—I say that as the chairman of the all-party parliamentary group on alternative dispute resolution. Alternative dispute resolution takes cases out of the ambit of the courts and puts them in the hands of arbitrators who are able to hear the cases and resolve them, and they should do so. During the time I sat with judges in the commercial courts, it was obvious—the judge said it on many occasions—that people should have gone to arbitration before they went to court.

The last time I spoke on this issue, I was asked whether we ought to consider compulsory arbitration. I was doubtful at the time, but as I have come to consider it more, I now believe that a form of compulsory arbitration would be a good thing and should be included within the arbitration rules. This process is not just about the arbitration, or the alternative part of dispute resolution. Bodies such as Network Rail try to solve disputes before they happen by putting in place the mechanisms to solve them.

I mention that because it is an important point about how courts are not being used as much as they were. Alternative dispute resolution is cheaper, quicker and gives much more immediate access to justice—we should not forget that access to justice is one of the key elements of the process. It takes nothing away from the courts: if the alternative dispute resolution fails, there is still recourse to the courts at the end of the process.

Through all of this, there is a need to ensure that we connect with the communities that we are serving. Doing that through existing buildings without exploring the use of town halls and other buildings within a community is not the right way of proceeding.

Oral Answers to Questions

Liz Saville Roberts Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

I look forward very much to meeting my hon. Friend to hear more about ONE3ONE Solutions.

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

If a super-prison is built in Port Talbot, there will up to 1,000 more prison places in Wales than there are currently prisoners from Wales. Does the Minister share the Howard League’s concern that Wales is set to become Westminster’s penal colony?

[Rory Stewart]

I think we ought to be very careful with that kind of language. There are currently about 85,000 prisoners within the estate, so having 1,000 extra prisoners in Wales is not the creation of England’s penal colony.

Private Probation Services

Liz Saville Roberts Excerpts

Tuesday 27th February 2018 Westminster Hall

[Ellie Reeves]

I agree with that assessment and there is now a situation where there have been substantial job losses, so that a lot of very experienced probation officers are no longer in post. The system is one where staff are overworked and do not necessarily have the skills and equipment that they need.

I will come on to some of the findings of a Unison survey. Unison has 3,500 members working across CRCs and the National Probation Service. It carried out a survey of members who work for CRCs and the 215 responses that it received make for really shocking reading. Twenty-five per cent. of staff said that they only occasionally had the equipment, resources or systems they needed to do their jobs properly; 41% said that they never experienced a manageable case load; 25% said that their CRC never or only occasionally completed community orders within the required time; and 43% said they never felt valued by their CRC.

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

Does the hon. Lady share my concern that CRCs received extra funding from the Government that was worth £37.15 million in the 2016-17 financial year, but because of the secrecy of the contracts between the Government and CRCs we cannot break that down to the level of individual companies or even receive the details of those contracts?

[Ellie Reeves]

I thank the hon. Lady for making that point. After I have said a little bit about staff and morale, I will go on to talk a little bit about the financial bailout of CRCs, because it is really important that we recognise the additional money that has gone into propping up these failing companies. However, I will complete my points about staff morale and then move on to that issue.

I want to flag up some of the things that probation staff said in response to the Unison survey. One said:

“Chaotic, frustrating and exhausting. Caseloads are too high and I don’t feel as if I do anything to protect the public anymore, I simply process people. Service users…often comment as to how impersonal our service is now and that they feel telephone contact with offender managers is inadequate. Very sad knowing that I used to do good work.”

Another said:

“I have inherited a new caseload since early 2017—many cases have not been contacted for months—one case today I managed to contact had not heard from anyone at Probation for 16 months in a 24-month suspended sentence. It is not good enough.”

Perhaps the most damning response was this one:

“I feel stressed, de-professionalised and ready to give it up. This government have transformed rehabilitation alright. They have ruined it.”

Probation is ultimately a caring profession and it should be viewed as being a bit like teaching or social work. However, it is clear that those who work within the service are being hugely let down by privatised and profit-driven CRCs. That is summed up by the underlying tension between CRCs meeting contractual obligations and their responding to the needs of offenders, with the latter receiving much less attention than the former. Shockingly the Government are now in a position where, as has already been said, they are bailing out CRCs at a cost of millions of pounds. As things stand, CRCs are paid for the volume of rehabilitation activity.

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

It is a pleasure to serve under your chairmanship, Ms McDonagh. I thank the hon. Member for Lewisham West and Penge (Ellie Reeves) for securing this important debate and introducing it excellently. I declare an interest as co-chair of the justice unions and family courts parliamentary group.

In the 2010 coalition agreement, the Government promised a rehabilitation revolution, but with the privatisation of probation companies, we have instead had a fundamental erosion of the humanitarian principles that underpin meaningful rehabilitation. The Government refuse to acknowledge that their blinkered ideology of privatisation has failed and, in so doing, they are failing with regard to the basic premise of justice as a common good for all of society.

Good offender management is inseparable from quality probation supervision. In its most recent report, Her Majesty’s inspectorate of probation warns that it had found

“CRCs stretched beyond their capacity”

and that, in many CRCs,

“case management itself is insufficient to enable good enforcement decisions”,

which statistics in the report confirm—only 37% of CRC enforcement cases sampled involved good-quality assessment of the likelihood of reoffending, compared with 83% in the public sector national probation service. It is said that we should not compare CRCs with the NPS, but the most serious crimes lie with the NPS, and when we see figures of 37% versus 83%, there are questions to be answered.

That is wholly unsurprising when we look at how CRCs supervise people, with infrequent meetings, and sometimes only by phone, which breaks the face-to-face relationships that are vital to successful probation work. That lack of meaningful engagement has led to poor decisions in managing breaches of orders. The recent HMIP report also reveals that, in more than half of all inspected cases in which CRCs had returned service users to court, the decision to enforce was not appropriate, compared with just 14% of NPS cases. It appears that CRCs were “seldom” making such decisions on the risk of harm posed or the likelihood of reoffending.

CRCs are private companies. At best, they are motivated by the detail of contract compliance, rather than by the true quality of supervision. The ethos of public service and motivation of care are not their primary drivers. Does the Minister finally recognise that dismantling the probation service and replacing it with a part-privatised model has failed, and will he commit his Government to listening to the professionals when they call for an end to profiting from probation?

It is all very well to talk in statistics, but the failings have real consequences for real families. Almost three years ago, in March 2015, an innocent young man was murdered by an offender who was meant to be under the supervision of Working Links, the CRC operating in Wales. Conner Marshall, an 18-year-old, was staying with friends at a caravan site in Porthcawl, Bridgend when he was attacked in a case of mistaken identity. High on a cocktail of alcohol and drugs, his killer stamped on his face, kicked him in the ribs, stripped him naked and hit him repeatedly with a metal pole. The individual has been jailed for life after having been found guilty of murder. Conner’s killer was on community probation for a string of offences, including domestic violence and animal cruelty. He was on curfew and ordered to attend anti-drugs and alcohol meetings, but failed to turn up to several of them. Procedures were not followed. There were eight missed appointments, six of which were without valid reason. That was eight missed opportunities to rein in the murderer and implement the breach conditions. The opportunities were never taken, and he was not stopped. On behalf of Conner’s mother, Nadine Marshall, I emphasise that at present there are no representation policies for the families of victims in such horrific and tragic circumstances.

The system as it currently operates is not fit for purpose. Less than a decade ago, we were promised a rehabilitation revolution. Will the Minister confirm whether, and if so when, the wheel will finally turn beyond this failed revolution?

--- Later in debate ---

[Jenny Chapman (Darlington) (Lab)]

It is good to see you in the Chair, Ms McDonagh, and it is a pleasure to follow the hon. Member for Strangford (Jim Shannon), who made interesting points. I welcome his comment about taking back the reins, because that gets to the heart of the matter. Because of the fragmentation of the system, nobody is holding the reins in the way that they once did when looking at the rehabilitation of offenders outside of prison. I congratulate my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) on securing this debate. This area of justice policy has never had the scrutiny and interest that it deserves from Members or the media, or from anywhere. It is good to see Members in this place taking a lead and putting the spotlight on this issue, because it is so important.

Sadly, the situation today was entirely predictable. It has been a disaster and it was avoidable, but it could be remedied. I know that the Minister was not in the Ministry of Justice when the decisions were taken, so we do not blame him, but he now has the opportunity to reverse some of the decisions that have led to the catastrophe in the service. If he does not take that opportunity, he will be responsible for that and we will hold him to it. If he were to indicate that he might review the system or look at reunifying probation services, I am sure—although I cannot speak for my Front-Bench colleague, my hon. Friend the Member for Bradford East (Imran Hussain)—that he would have the wholehearted support of Opposition parties across the House.

The warnings about the Government’s mistake came not only from the Labour party, but from staff, the unions and academics, and from people from other jurisdictions where similar things had been attempted. Nobody that I could find thought the Government were taking the right approach.

There was not much scrutiny at the time of how the changes would affect probation staff—the professionals who had decided to dedicate their working lives to working with some of the most incredibly difficult people in society. I have had limited experience of working with offenders, and they are flippin’ difficult. They do not always tell you the truth, so the idea of assessing what they are doing with their lives, what they intend to do next or what control they have over their own decision making, all on the basis of a phone call, is completely implausible to most people with any experience of working with such individuals. We have separated not only offenders, but a group of professionals who were very good at sharing knowledge, supporting one another and working with a mix of offenders. Working with serious offenders all the time is difficult, stressful and emotionally hard work.

The Minister needs to read some of the court reports that detail some of the offences committed by offenders to see how that affects him. I do not think the supervision needed when working with such groups of offenders has ever really been properly provided, but it is even more difficult now, when individuals work with those types of offenders all the time. It is incredibly difficult work. Previously, someone might go into probation and work with some low or medium-risk offenders for a while and gradually take on higher-risk individuals under supervision. That progression and development in practice and that knowledge and understanding have been lost. That is a real loss to the service. We might not be seeing the impact just yet, but we will increasingly see it over time.

[Liz Saville Roberts]

The Government have argued in the past that we had not allowed enough time to review the performance of CRCs, but we are now more than two years after payment by results was brought in, so it is time to review whether it is working effectively or not.

[Jenny Chapman]

I agree: now is the moment. It would have been better to run a pilot, but the Government were determined to embark on a mission that was so fundamentally flawed it was never going to work. Had they been so minded, they could have piloted the approach and gathered evidence of the problems. That would have caused far less damage than selling off half the service in 35 different trust areas in one go and thinking that everything would go smoothly. They removed any opportunity for learning in the process, and that was reckless. It is something that the Government, even if they will not say so publicly, really ought to reflect on and probably should regret.

Selling off all the areas at once was incredibly high risk. The then Secretary of State, the Member for Epsom and Ewell (Chris Grayling), was asked at the time why he was so determined to do it. I remember this clearly and was quite shocked. He was asked for any evidence from anywhere to justify such a reckless move, and he simply said that he had inner belief that it would work. He was determined to prove it, and then he went off to run the trains. What the Government did was a mistake. It was stupid and is not something that this Minister would want to repeat. I am sure he is somebody who will look at evidence and take into account the track record of CRCs. He needs to make decisions that will change the current structures.

The whole thing has been based on the flawed premise that offenders fall neatly into two separate groups, but they do not. Risk fluctuates constantly. It takes experienced probation officers to assess that—to notice it, to know what they are supposed to look for and then to know what to do when they suspect the risk might be about to change.

We are talking about an incredibly difficult group of people. Probably everybody here has heard this, but I want to get some characteristics of offenders on the record—27% having been taken into care, compared with 2% of the general population; 49% having been excluded from school, compared with 2%; numeracy and literary levels of an 11-year-old or below at 65% and 48% respectively; 72% of men and 70% of women with two or more mental disorders; 83% of men with a history of hazardous drinking; drug misuse at 66%. We are not talking about people who have just got themselves on the earliest steps to a life of criminality. These are chaotic, confused people, with very little control over what they do. In the sector, they would probably say they are bang at it and are only getting lifted for a proportion of what they are up to. Probation work is incredibly difficult and it relies on the good will, professionalism and experience of an outstanding workforce. To be successful, we need to harness the very best practice in the profession and make that available to all offenders.

The trusts could have delivered that. They were doing a good job and met all the targets they were set by successive Governments. They were independently assessed at the time as excellent. Had the Government wanted them to behave in a different way, such as to work more collaboratively with voluntary and community sector organisations, they should have made that clear to trusts and made that a target. I am confident that the trusts would have been able to deliver on the objectives set them by the Government, even the ambition of wanting to supervise those being released from a prison sentence of less than 12 months. That was one of the objectives the Government set at the time. I do not deny that it was a good objective, but there was no attempt at all to try to achieve it within the existing arrangements. That was negligent and arrogant. It was a bullish approach from Ministers at the time, and it was a real mistake.

This is a complex issue, but it is incredibly high stakes. Splitting the service has been an error. I urge Ministers to listen now in a way that they did not at that time, and to take whatever steps are necessary to reverse the decision and keep the public safe.

--- Later in debate ---

[Rory Stewart]

That is a very good challenge, and I will move on to the question of the voluntary sector and how to take good small examples to a bigger scale.

The challenge is what on earth to do about that. How do we address the problems? The fundamental thing is to get back to the basics, which are exactly what hon. Members in the Chamber have discussed. Basics include ensuring that people have a manageable case load, which means not going beyond 50 to 55 cases. They must meet the people in the cases regularly; they must ensure that they not only meet them but put in place a good assessment of the needs of the individual and of public protection; and they must come up with a plan linking that assessment to action. That is before we go on to the other things that we have been discussing, which is how we work with the voluntary sector and wider society. The basics need to happen first.

Around the country we can see that some people are delivering those basics well. Cumbria, for example, which has a CRC, has a good report from the inspectors for doing that. London, as the hon. Member for Lewisham West and Penge knows well, got a negative report from the inspectors exactly about some of those areas. We will not go into the details and explanations for some of that today. Some are about transition and inheriting a difficult situation, and London has always been difficult for probation services and has more than 30 different boroughs. There are complexities with IT systems and so on. However, we do not want to make excuses. The fundamental question is: can we sort those things out? I believe we can.

I am very confident that we can get to a situation, even in London, which is probably the most difficult area in the country, where we can have manageable case loads, where people can be met regularly, where there is good tracking of offenders—we know where they are and take good enforcement action if they do not turn up to appointments—and where the assessment and the plan are in place. I am very hopeful that, when the next inspection report comes out from the probation inspectorate, we will see those improvements even in London. I expect to be held accountable if those improvements are not recorded in the next report.

[Liz Saville Roberts]

I am interested in what the Minister is saying. Will he commit to ensure proper parliamentary scrutiny of how those organisations operate, whatever their name in future? That is not the case at present.

[Rory Stewart]

It would be interesting to know what kind of parliamentary scrutiny the hon. Lady means. There are some pretty good examples of scrutiny—the Justice Committee is doing a report on the probation service and we have an incredibly active, energetic and highly critical chief inspector of probation who is doing an enormously good job which is drawn on by everyone around the Chamber—but I am open to more. Debates such as this one are very powerful ways to hold us to account.

The next issue, as we move on from addressing the basics, is to look at some of the questions the hon. Member for Darlington talked about, in particular how we scale up pockets of really good small practice in individual local areas. That seems to be a huge challenge for everything—not just probation but everything we do with the voluntary sector. It is infuriating to find in most of our constituencies good local providers being pushed out either by contractors coming in from elsewhere or by large charities and voluntary sector organisations. In my case, in Cumbria, they appear to come up from London with hundreds of proposal writers to take over a local council contract, but lack the local skills and knowledge to deliver.

We need to find ways to encourage CRCs to provide both the money that could go to those voluntary organisations—for example, in housing—and the cultural change, as the hon. Member for Darlington is aware, which is to encourage probation officers to let go of the cases to let specialist providers in mental health or housing take over their clients. That can be done but it must be driven through individual CRC by individual CRC. However, that is just the beginning. The big aim is to move from what happens with the individual in the probation office to what happens in broader society.

The real reason we have faced reoffending rates stubbornly stuck at 50% for nearly 40 years is that, in the end, the behaviour of someone coming out of prison is not controlled simply by what happens in the interaction with the probation officer or, when in prison, the prison officer. That is a very individual psychological engagement. What tends to happen is that the probation officer tries to change the behaviour of the individual in the room. However, that individual exists not only in the room but in a broader society. Unless such individuals can repair their relationships with family, society and the state, we will not get into a cycle in which they offend less or, eventually, do not offend at all.

That involves difficult things, with the individual feeling a sense of hope and agency; and that they can take control of their lives and have a sense of dignified participation, not as a labelled criminal but as a citizen in the fullest sense in society. No one in the Chamber has easy answers to how to achieve those things, but we must focus on ensuring that we get everything right, from the basics of meeting, assessment and planning, right through to the broader engagement with society to make that citizen function. We must recognise that the idea of desistance is not a linear path, but it is a path to reduce reoffending and protect the public.

I will conclude with three remarks. First, I pay tribute to the very hard work of probation officers. They are some of our most dedicated and serious professionals. Yesterday in Nottingham Prison I was lucky enough to see the Derbyshire, Leicestershire, Nottinghamshire and Rutland CRC—people who have worked in probation trusts for nearly 30 years. They are based in the prison, telling very powerful stories about the assistance they provide in housing, and they represent exactly why we should be so proud of the work that probation officers do. They have difficult work which, as hon. Members have pointed out, combines the work of a social worker with that of someone who has to implement a court order and protect the public.

Secondly, I pay tribute to Members of Parliament. Their work in this area is often ignored by the public and, sometimes, too much ignored by Parliament. Such work matters deeply, as the hon. Member for Strangford pointed out, both for the individuals themselves on their journey towards improvement, and for the public.

Finally, I undertake to the House that we must focus. The results that we are getting from the inspectors are simply not good enough. I wish to be judged on driving the CRCs back to the very basics of their task, and on opening up to all the innovations and new ideas shared around the Chamber, to ensure that 40 years of stubborn rates of reoffending begin to be addressed, for the sake of individual offenders and the public as a whole.

HMP Liverpool

Liz Saville Roberts Excerpts

Thursday 22nd February 2018 Commons Chamber

[Robert Neill]

I am grateful to the Minister for that response. He is very much on the case in recognising that we must get basic things: cleanliness, decency, the maintenance of the establishment, and the ability to run a regime where people can get out to healthcare appointments and rehabilitative work. All that is critical. Unless we turn the existing problems around, we will face a real crisis in our prisons.

I look forward to working with the Minister on those matters. In particular, I hope that he will take up our recommendations on the inspectorate and the constructive role that it can play. I can honestly say that this is a case of a small investment being likely to pay off in the long term.

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

As co-chair of the justice unions and family courts parliamentary group, I welcome the report, but it is amiss that the Justice Committee did not take evidence from unions representing frontline professionals. I understand from the Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers that the maintenance contractor, Amey, refused to undertake pest control at HMP Liverpool, and the previous governor—who was also not called to give evidence—had to use his already hard-pressed budget. I wonder whether the Chair would agree that governors’ autonomy is convenient cover for the Government’s failure to be accountable for the dire condition of the prison estate.

[Robert Neill]

Let me say first that the Committee engaged with the POA on a number of occasions, and on an ongoing basis. Secondly, the issues relating to facilities maintenance were examined in some detail. We said in our report that we were not satisfied with the outcomes and intended to return to the issue. Thirdly, it was specifically not our role to examine the position of the previous governor in terms of the future. We heard evidence from the inspectorate about the position at that stage, and we heard evidence from the current governor about what is happening now, which is an improvement, but we did not think that going into further past history would be constructive. Our recommendations are for ways to try to ensure that this state of affairs does not occur again.

Oral Answers to Questions

Liz Saville Roberts Excerpts

Tuesday 23rd January 2018 Commons Chamber

[Mr Gauke]

We will be reporting to the House in due course.

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

I would like to put on record my role as co-chair of the justice unions parliamentary group.

When north Wales’s only prison, HMP Berwyn, partially opened on 28 February last year, its regime of skills development and rehabilitation was lauded as pioneering, yet we now learn that, in its first six months, 27 staff members left, and I am told by the Prison Officers Association that morale is at rock bottom. I understand that, in the early months, prisoners assaulted staff on nine occasions, and only one was referred to police. How will the Minister improve offenders’ rehabilitation when recruitment, retention and, critically, staff safety at HMP Berwyn are in crisis?

[Rory Stewart]

I am very happy to speak in detail with the hon. Lady, who has put an enormous amount of passion and energy into studying issues in prisons in Wales. We believe there are some very positive signs now at HMP Berwyn, but we can talk those through. Recruitment figures have actually been very positive—we are ahead on the recruitment of 2,500 people across England and Wales—but I am very happy to sit down and talk about Berwyn in particular.