Bribery Act 2010
Lord Clarke of Nottingham Excerpts(14 years, 3 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
On 20 July I announced my intention to conduct a public consultation on the form and content of guidance to be published under section 9 of the Bribery Act before it comes into force in April 2011. I am pleased to announce that this public consultation commences today with the publication by the Ministry of Justice of a consultation paper “Consultation on guidance about commercial organisations preventing bribery (section 9 of the Bribery Act 2010)”.
This consultation paper seeks views on draft guidance about procedures that commercial organisations can put in place to prevent persons associated with them from bribing. The draft guidance proposes six general principles that are designed to be applicable across all sectors and for all types and size of business. It is intended that these general principles will aid businesses to formulate procedures appropriate to their particular circumstances should they choose to do so.
As I made clear in my statement of 20 July, Official Report, columns 11-12WS, our concern is that the formulation of the guidance to be published under section 9 is informed by the wealth of expertise currently available. To that end we are also holding a number of open discussion forums in all parts of the United Kingdom during the consultation period to further encourage the sharing of views on what is being proposed.
Copies of the consultation paper have been placed in the Libraries of both Houses, and are available from today on the Ministry of Justice website
(http://www.justice.gov.uk/consultations/consultations.htm)
along with further details on how to respond and on the open discussion forums referred to above. I believe that this consultation will provide the basis for the publication of effective but flexible guidance on bribery prevention for commercial organisations seeking to ensure that they conduct business competitively while maintaining high standards of integrity and transparency.
Judicial Appointments
Lord Clarke of Nottingham Excerpts(14 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am today announcing my agreement that salaried mental health judges with suitable experience can be selected to chair Restricted Patients Panel cases in the mental health jurisdiction.
These cases involve patients who are detained in hospital by virtue of a restriction order imposed by the Crown Court or by virtue of being transferred from prison by direction of the Secretary of State. The convention, since the implementation of the Mental Health Act 1983, has been that the tribunal judge chairing the panel will always be a circuit judge, a retired circuit judge or a recorder QC. However, the convention came about at a time when there were no full-time judges in the mental health review tribunal and was designed to provide assurance when this power was first transferred from the Secretary of State to the tribunal that an experienced member of the judiciary would be involved in decisions on whether to direct the discharge of a patient.
There are now full-time salaried judges within the jurisdiction with the necessary experience. Circuit judges and recorder QCs will continue to deal with the majority of cases but authorising some of the salaried mental health judges will increase the pool of available chairs to hear the cases.
Arrest Warrants—Universal Jurisdiction
Lord Clarke of Nottingham Excerpts(14 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The United Kingdom has asserted universal jurisdiction over war crimes under the Geneva Conventions Act, and over a few other offences of exceptional gravity, because of our international obligations and our commitment to ensuring that there is no impunity for those accused of such crimes. That commitment is unwavering.
It is important, however, that universal jurisdiction cases should be proceeded with in this country only on the basis of solid evidence that is likely to lead to a successful prosecution—otherwise there is a risk of damaging our ability to help in conflict resolution or to pursue a coherent foreign policy. It is unsatisfactory that, as things stand, an arrest warrant for these grave offences can be issued on the application of a private prosecutor on the basis of evidence that would be insufficient to sustain a prosecution.
The Government have concluded, after careful consideration, that it would be appropriate to require the consent of the Director of Public Prosecutions before an arrest warrant can be issued to a private prosecutor in respect of an offence of universal jurisdiction. This would interfere as little as possible with the existing rights of private prosecutors, and would not prevent them from initiating prosecutions for these offences where the evidence justified that course.
A suitable legislative amendment will be brought before Parliament at the first opportunity.
Office for Judicial Complaints (Annual Report)
Lord Clarke of Nottingham Excerpts(14 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
With the concurrence of the Lord Chief Justice, I will today publish the fourth annual report of the Office for Judicial Complaints (OJC). The OJC provides support to the Lord Chief Justice and myself in our joint responsibility for the system of judicial complaints and discipline.
I welcome the publication of this report which provides details of the work undertaken by the OJC over the last year and the complaints dealt with.
The past year has seen significant change within the OJC with the appointment of Sheridan Greenland OBE as the new Head of the Office for Judicial Complaints in August 2009. I am pleased to see that, under new leadership, the OJC continues to build upon the firm foundation set down during the previous three years.
I note the progress which has been made in identifying efficiency and performance improvements through a “LEAN” review process and look forward to further improvements as the same principles are applied more widely throughout the OJC. I am similarly pleased to record the successful launch of the OJC’s online complaint service, providing greater accessibility and access to the OJC’s services to members of the public.
Copies of the report are available in the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies of the report are also available on the internet at:
http://www.judicialcomplaints.gov.uk/publications.htm.
Oral Answers to Questions
Lord Clarke of Nottingham Excerpts(14 years, 5 months ago)
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Mr William Bain (Glasgow North East) (Lab)
4. What assessment he has made of the effectiveness of the Human Rights Act 1998.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
In the coalition agreement, the Government committed to establishing a commission to investigate the creation of a Bill of Rights. The scope of the commission and its terms of reference will be announced in due course, but it is my expectation that in the course of its work the commission will consider the experience of the Human Rights Act 1998.
Mr Bain
I am grateful to the Lord Chancellor for that response. Does he agree that, on the 10th anniversary of the implementation of the Act, domestically enforceable and universally applicable human rights are one of the best checks on Executive power that we have, and does he agree with the remarks that he made in The Daily Telegraph on 27 June 2006 that to repeal the Human Rights Act would be an act of “xenophobic and legal nonsense”?
Mr Clarke
We are going to review in due course every aspect of the working of the Human Rights Act in the light of that 10 years of experience. I agree that there are very important protections for human rights, and there is no question of moving away from the European convention on human rights. The coalition agreement does not contemplate that. Actually, the changes that have taken place in British common law, with the huge enlargement of the scope of judicial review—which includes reviews of all ministerial decisions and of legislation current in the House—have also greatly altered the scene. Sometimes that gets confused with the European convention on human rights. I have given a range of views in the past and no doubt we will consider those views carefully in the light of the report that we eventually get from the commission.
Dr Julian Huppert (Cambridge) (LD)
Is the Lord Chancellor aware of the book by the hon. Member for Hereford and South Herefordshire (Jesse Norman) and Peter Oborne entitled “Churchill’s Legacy: The Conservative Case for the Human Rights Act”? Will he encourage his right hon. and hon. Friends to read it and thereby dispel the many myths about the Act? The Human Rights Act exists for all of us: what is not to like?
Mr Clarke
The European convention on human rights was produced after the second world war, largely at the instigation of Churchill and others, to ensure that the whole continent developed in line with those values for which the British had fought the war. The principal architect and draftsman of the convention was a man called Maxwell Fyfe. I recall that history because it is relevant to this issue, and we have to improve public understanding of the application of human rights in British law as well as reviewing the operation of the Act.
Mr Jack Straw (Blackburn) (Lab)
The right hon. and learned Gentleman said that he had had a range of views on whether the Human Rights Act should be repealed, but he has actually had one view, which he has repeated over and over again—he even described the Prime Minister’s proposal as “anti-foreigner”. Given that consistency, which I commend the right hon. and learned Gentlemen on and welcome because it was supporting a Labour policy, and given that, as he well knows—because he is a very bright man—the issue is not the European convention on human rights but the Human Rights Act passed by this Parliament, will he now rule out the abolition of the Act?
Mr Clarke
I do not mind being quoted from my freelance days on the Back Benches. However, in their enthusiasm to find quotes, people find the odd word and attribute them to things. I never accuse any of my colleagues of being anti-foreigner. Part of the confusion about the European convention tends to be that somehow it is not British, which I just addressed in pointing out that it was drafted by David Maxwell Fyfe and very much supported by the British Government and both main parties at the time. The Human Rights Act has now had 10 years, and it is time to review it. There is a range of views and sometimes concern in this country about exactly how it relates to Parliament and where our constitution now is on these matters. In due course, we will set up a convention to advise us on that.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
5. How many representations he has received (a) in favour of and (b) against his recent proposals to close a number of magistrates courts; and if he will make a statement.
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
6. What recent representations he has received on his Department’s responsibilities in relation to the Crown dependencies.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am unsure quite what kind of representations the hon. Gentleman has in mind. As he would expect, however, the Ministry of Justice constantly receives a wide range of communications in relation to its responsibilities for the Crown dependencies.
Tom Greatrex
The representations that I had in mind were from Crown dependencies such as the Isle of Man. Can the right hon. and learned Gentleman assure me that he and his ministerial colleagues in the other place, who I gather have responsibility for Crown dependencies in his Department, will consult with the Crown dependencies if there is any suggestion that responsibility for them be moved to another Department, so that the important distinction between Crown dependencies and overseas territories is recognised throughout the civil service?
Mr Clarke
As the hon. Gentleman says, it is my right hon. Friend Lord McNally who takes a lead in our Department on the Crown dependencies. I will certainly take note of what the hon. Gentleman says about any question of changing ministerial responsibility, but I should point out that this is a matter for my right hon. Friend the Prime Minister and the Cabinet Secretary. However, I take on board the hon. Gentleman’s views and will ensure that they are disseminated among those responsible.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
7. What steps he is taking to ensure the effectiveness of complaints systems for victims of crime and others within the criminal justice system.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am not aware of any specific recent representations made on this topic. The Government want to ensure that young people do not enter the criminal justice system unless it is necessary. Our policies will be considered in the context of our comprehensive assessment of sentencing and rehabilitation.
Mr Allen
Is the Secretary of State aware that the best way of keeping young people out of a life of crime is to intervene early in their lives, so that they have the social and emotional capability to resist criminality? Will he commend the current project in Peterborough, where an early intervention bond has been created by Social Finance Ltd and St Giles Trust to ensure that offenders do not reoffend and that they leave the criminal justice system at the earliest possible moment? Is he willing to extend that experiment, which was introduced by the last Government, and to consider its possible extension throughout the criminal justice system?
Mr Clarke
I repeat the support that I have given before to the hon. Gentleman’s campaign for early intervention. I entirely agree with what he says.
We are certainly very interested in the project that is about to get under way in Peterborough. It will have to be evaluated in due course, but my ministerial team will be following closely this system of raising capital finance by means of a social bond, and then targeting the need to reduce the rate of reoffending in a particular group. Reducing reoffending will be a key part of our policy, and this is an important way of trying out one method of tackling it. I hope that it succeeds.
Mary Macleod (Brentford and Isleworth) (Con)
Does my right hon. and learned Friend agree that some of those young offenders are in the criminal justice system owing to their lack of a strong, solid education? What plans has he to try to ensure that something is done about that?
Mr Clarke
The present Government have an extremely important programme of education reform. Anything that can be done to raise standards of education and training in this country will, I believe, have an indirect impact on the number of people who drop out of society in some way and are tempted to start offending.
I agree that we need to look across the broad range of social policy, considering relationships between crime and housing problems, employment problems and education and training problems, if we are to achieve the improvement in our social fabric which, eventually, will continue to reduce criminality. Meanwhile, some young people are serious offenders. We do need a secure estate, and we do need to prosecute those from whom the public must be protected. I think that we would all welcome any measure that will successfully reduce the number of young people who are needlessly criminalised when they could be diverted into a more sensible way of handling their problems.
Mr David Hanson (Delyn) (Lab)
Is the Justice Secretary aware that the rate of reoffending and entry into the youth justice system by young people fell by 10% during the last years of the Labour Government? That fall was due not least to the fact that we invested heavily in the three-year youth crime action plan, the third year of which ends this year, 2010-11. It involves issues such as prevention, and includes the Peterborough project that the Justice Secretary has just endorsed. Will he give an indication of what plans he has to continue the youth crime action plan after this year?
Mr Clarke
I agree that there has been a reduction in the number of people entering the criminal justice system. Notwithstanding my usual caveats about all crime statistics, which can be used by Members on either side of the House to prove practically anything over whatever period they choose, I think that one thing on which we agree is the need to divert from needless criminality young people who can properly, in the public interest, be dealt with in some other way.
The youth crime action plan, and a number of other interesting experiments involving diversion out of the court system in which the last Government were engaged, will certainly be investigated and followed up by the new Government. We are not remotely partisan about the issue. We wish to look further for more outside experience of how best to tackle reoffending and the underlying problems of youth delinquency, in order to take more young people out of court and out of criminality.
Mrs Helen Grant (Maidstone and The Weald) (Con)
11. What the reoffending rate was for prisoners who had served custodial sentences of over 10 years in the latest period for which figures are available.
Mr Matthew Offord (Hendon) (Con)
13. Whether he plans to bring forward proposals to change the law so that only the Crown Prosecution Service will be able to initiate prosecutions for universal jurisdiction offences.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Government consider it unsatisfactory that an arrest warrant for such offences can be issued on the application of a private prosecutor on the basis of evidence that would be insufficient to sustain a prosecution. We are urgently considering how to proceed and expect to make an announcement shortly.
Mr Clarke
Of course we must enforce properly in respect of war crimes and other matters of universal jurisdiction where proper cases arise, but I agree with my hon. Friend that it is not in any sense in this country’s interests that people can be arrested upon arrival on a level of evidence that would not remotely sustain a prosecution, which is why we intend to address this matter and to make an announcement in the very near future.
Kevin Brennan (Cardiff West) (Lab)
14. What steps he plans to take to reduce the number of people in prison.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
Over the coming months we will look in detail at the sentencing frameworks for adult and young offenders, as well as at the range of penalties available in the criminal justice system. That means introducing more effective policies, as well as overhauling the system of rehabilitation to reduce reoffending. We will take the time necessary to get it right and will consult widely before bringing forward full plans for reform.
Kevin Brennan
Will the Secretary of State give the House three examples of the kind of criminals currently in jail who will not be in prison under his plans?
Mr Clarke
I will not anticipate the sentencing review. [Interruption.] No, I will not. The last person I met in jail who clearly should not have been there had been sent to prison because he was in dispute with his ex-wife over the maintenance he was supposed to pay for their children. Of course he was under an obligation to pay for his children, but providing a place for him in jail was not the best use of prison. Anybody who visits a prison will find people who are there for rather surprising combinations of reasons, some of which are far away from those relating to serious crimes.
Prison is the most effective punishment we have for serious criminal offenders. There is a continuing case, and there always will be one, for protecting the public against the activity of serious offenders by imprisoning them. However, in recent years, we have not paid enough attention to how, at the same time, we minimise the risk of reoffending, seek to reform those in prisons and divert them away from future crime, and eventually ensure that there are better and more effective ways of dealing with those who are capable of being dealt with.
Miss Anne McIntosh (Thirsk and Malton) (Con)
Will my right hon. and learned Friend carefully examine the early release scheme pursued by the previous Government, which led to a very high proportion of those released early going on to reoffend, to great harm to the British public?
Mr Clarke
That was not a policy; that was a catastrophe. The previous Government went through a phase of allowing their rhetoric and some of their policy intentions to outrun any serious common sense and then found that they had to let people out early, before they had finished their sentence, because they could not physically get them into prisons. Whatever else comes out of a sentencing review, I trust that we will avoid any nonsense of that kind in our period of office.
Caroline Flint (Don Valley) (Lab)
Evidence suggests that 75% to 90% of rapes go unreported, and I hope that the whole House will try to deal with that situation to improve it. Is the Justice Secretary at all worried that his plans to provide anonymity for defendants in rape trials will contribute to fewer rapists going to prison?
Mr Clarke
I do not think that there is anybody in this House—and there has not been for as long as I can remember—who is not in favour of anonymity for people who make complaints of rape and who does not think it extremely important to encourage women to come forward on all proper occasions to press complaints about the serious criminal offence of rape. The issues surrounding anonymity for the person accused are quite different from that, and the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), has just addressed those questions. This is a matter of how far we can protect those people, and others accused of criminal offences, up to the time of charge. That approach was agreed by those on both sides of this House in the not-too-distant past—in the previous Parliament—and it probably will eventually be agreed in this Parliament too.
Ian Swales (Redcar) (LD)
15. What mechanism he plans to introduce to reduce the use of short prison sentences; and if he will make a statement.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
We are conducting a full assessment of sentencing policy to ensure that it is effective in deterring crime, protecting the public, punishing offenders and cutting reoffending. Short custodial sentences will be considered as part of that assessment, and we will be asking judges and magistrates for their views on these sentences and on community sentences.
Ian Swales
I thank the Secretary of State for that answer. In the case of non-violent young offenders, will he support restorative justice programmes, such as neighbourhood justice panels, which are much more successful in reducing crime than traditional forms of punishment?
Mr Clarke
We are very interested in taking further the idea of restorative justice. Some very interesting experiments in youth restorative justice are under way and they will be carefully evaluated. In all these matters, evaluation is extremely important. People come forward with extremely enlightened and attractive views on how reoffending might be reduced or on how youth offenders might be diverted from the prison system, some of which work and some of which, alas, do not. One has to take a realistic look at them and evaluate them after a sufficient experiment to decide what works. On rehabilitation generally, that is one of the main reasons why we will concentrate on paying by results, wherever possible.
Mr George Howarth (Knowsley) (Lab)
Does the Secretary of State accept, though, that short sentences might have a role to play in cases where a probation order or a community sentence has failed?
Mr Clarke
I am not sure where the idea that I am against all short sentences has come from. A short sentence is usually taken to mean any sentence of less than 12 months. My own view, pending this review, has always been that there is indeed a case for some short sentences where there is no realistic alternative and one is dealing with a recidivist offender. Wherever possible, of course, the pointless short term of imprisonment should be avoided where a really effective and convincing community penalty is available in its place.
Stephen Barclay (North East Cambridgeshire) (Con)
16. What account he took of the availability of public transport in rural areas around Wisbech in his decision to propose the closure of Wisbech magistrates court.
Mr Graham Allen (Nottingham North) (Lab)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
My departmental responsibilities remain unchanged, but may I take this opportunity to point out to the House and to the hon. Gentleman that I have today made a written statement setting out plans for the implementation of the Bribery Act 2010? This important piece of legislation from Parliament reflects cross-party support for anti-bribery measures and its effective implementation is a priority for me in my role as the coalition’s international anti-corruption champion—[Interruption.] I used to shadow Lord Mandelson—he had more titles than I have. The new framework of offences will replace the old and fragmented mix of statutory and common law offences and they should facilitate a more effective criminal justice response to bribery. An important part of the implementation is a public consultation on the guidance to be produced under section 9 of the Act. We want the formulation of this guidance to be informed by the expertise of the business community, specialist anti-bribery organisations and others with informed opinions. I expect this process to allow us to publish guidance early in the new year, in time for the commencement of the Act in spring 2011.
Mr Allen
May I welcome the Secretary of State’s recent remarks about tackling the causes of crime as well as crime itself? Will he bear in mind the words of John Carnochan, the hard-bitten head of homicide in Glasgow who, having dealt with offenders who had committed serious and violent crimes who were the sons and grandsons of offenders, said that given the choice between 100 extra police officers and 100 health visitors, he would choose the health visitors given his intergenerational experience? Will the Secretary of State will the means as well as the ends in tackling the causes of crime?
Mr Clarke
I am afraid that the Government have inherited a situation, for which I blame the previous Government, in which we must tackle these solutions against a background of not simply being able to wheel in more resources. The first step is to make cuts in wasteful expenditure now. I accept quite a large part of the hon. Gentleman’s analysis and we should also consider how we look across all Government Departments and all sectors—we must take into account health, housing, employment, education and training at the same time as we consider policing, justice and imprisonment—because the whole picture contributes to the broken society and tackling it will help to contribute to a less criminal society.
Mr Robert Buckland (South Swindon) (Con)
T2. In the light of the Legal Services Commission’s recent misallocation of duty solicitor scheme membership and duty rotas for criminal legal aid work, will my right hon. and learned Friend undertake an urgent review of the LSC’s continuing inefficiencies?
John Robertson (Glasgow North West) (Lab)
T4. The Secretary of State should be aware that the Justice Minister north of the border has said that any questions regarding al-Megrahi resided with the United Kingdom Government. If that is true, will the Secretary of State make a statement? If it is not true, can he put the record straight?
Mr Kenneth Clarke
My understanding is that this was a decision solely for the Scottish Government and that it was taken on humanitarian grounds. Plainly, it predates my period of office, and that just about sums up my full knowledge of the situation, so I am not in a position to make a statement.
Robert Halfon (Harlow) (Con)
T3. Following today’s newspaper reports, will the Secretary of State ensure that we will never again release a mass murderer who was convicted by British courts, letting them out of prison on dubious health grounds and where there are murky commercial interests and sending them away to be lauded by a dictatorship?
Stella Creasy (Walthamstow) (Lab/Co-op)
Given the proposed review of legal aid, does the Justice Secretary agree that the problems faced by the Refugee and Migrant Justice organisation because of the late payment of fees and the lack of clarity about the number of current cases affected—the Home Office has told me that it is 5,000 and the Legal Services Commission has admitted that it simply does not know—mean that it is vital for the Government to intervene until these problems are resolved to prevent that organisation from going into administration and to avoid the possibility of further chaos, with expense, within our asylum system?
Caroline Lucas (Brighton, Pavilion) (Green)
Following the revelations at the weekend that some quite shocking restraint methods are authorised in the “Physical Control in Care” manual for use by staff in secure training centres for children, will the Secretary of State introduce an explicit ban on corporal punishment in secure training centres and other youth offender institutions? Will he establish a public inquiry, chaired by a member of the judiciary, to establish the compatibility of practices in secure training centres with article 3 of the European convention on human rights?
Mr Kenneth Clarke
Of course, we keep under review the very careful guidance about the use of restraint techniques in those circumstances, and it is a matter of regret that such guidance has to be issued. However, the hon. Lady should bear it in mind that we are talking about children and young people, some of whom are much bigger than I am and who probably have a problem with drug abuse and a history of violent crime. The completely unarmed staff have to be given some instructions in how to control those young people when they are getting out of control and it is not always easy or possible to use totally restrained methods.
Mr Peter Bone (Wellingborough) (Con)
T7. All members of the European Union have signed the Council of Europe convention on the transfer of sentenced persons, yet we still have 3,100 EU nationals in our jails. The Secretary of State and I share an enthusiasm for the European Union, so will he co-operate with the EU and repatriate those prisoners?
Fiona Mactaggart (Slough) (Lab)
Does the Secretary of State agree with the retiring chief inspector of prisons Dame Anne Owers that a reason for the reduction in young people coming into the criminal justice system is the effect of Sure Start? If he does agree with her, will he speak to colleagues across the Government about investing in Sure Start, rather than in youth jails, because it is cheaper and works better?
Mr Kenneth Clarke
We are, of course, having to address Sure Start, as with every other programme, in the light of the resources—or rather lack of them—that we have inherited as a result of the economic situation, but the Government are concentrating Sure Start on its original priority purpose, which was particularly to target areas of deprivation and social difficulty. That part of Sure Start’s work does indeed have some relevance to what we have been talking about in our exchanges on youth justice and how to keep people out of criminality in their youth.
Mark Menzies (Fylde) (Con)
T8. Will the Minister pay tribute to Winston Churchill, who, exactly 100 years ago today, as Home Secretary, commented:“The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilisation of any country.”?
Derek Twigg (Halton) (Lab)
Will the Secretary of State’s Department honour in full, and on the same basis as the previous Government, the release of files relating to the Hillsborough disaster?
Mr Kenneth Clarke
The National Archives and my Department will continue to co-operate with the ongoing work to get the files released, which we hope to be able to facilitate. Our Department will play its part, together with the National Archives, for which we are responsible.
Tom Brake (Carshalton and Wallington) (LD)
On the subject of magistrates courts, will Ministers consider seriously any proposal from magistrates that would have them hearing cases in venues other than courts so that they can continue to deliver local justice locally?
Thomas Docherty (Dunfermline and West Fife) (Lab)
On Sunday evening, Radio 4’s “File on 4” programme made serious allegations about Isle of Man shipping companies’ involvement in sanction-busting shipments of arms to Sudan. Given that the Secretary of State has responsibility for the relationship between the Isle of Man and the UK Government, will he hold urgent discussions with the Isle of Man Chief Minister to ascertain what, if any, truth there is to those allegations?
Mr Kenneth Clarke
I will certainly follow up that matter as I did not hear the “File on 4” programme. Obviously, the Isle of Man has a good, functioning system of justice and we can confidently expect it to enforce criminal law and international sanctions to the standards that we would expect. However, I will ensure that we contact the Isle of Man to ensure that everything that can properly be done is being done to ensure that no breach of international sanctions that could be prevented is being allowed to go ahead.
Duncan Hames (Chippenham) (LD)
In the light of the Government’s review of non-departmental public bodies, what plans does the Justice Secretary have for the future of the Office of the Public Guardian?
Mr Clarke
We are reviewing it, although we have no immediate intentions that we are withholding. We are looking across the whole field of the Department, and we will reduce the number of so-called arm’s length bodies, quangos and agencies. The Office of the Public Guardian carries out quite an important function, however, so I do not think that we will make any changes there unless we are quite confident that its key responsibilities can be properly discharged.
Huw Irranca-Davies (Ogmore) (Lab)
The annual report on Parc prison by the independent monitoring board singled out the work of the Prince’s Trust and the excellent staff in the young persons unit for particular praise, which I am sure that Front Benchers will join me in echoing. Every time that we ask for continued investment in such units—the report said that the unit needed more investment—we hear that there is no money, so if the Secretary of State is going to use that excuse, how will the big society ensure that we have less reoffending when these young people come out of jail?
Mr Clarke
We will produce positive policies on criminal justice, prison reform and the rehabilitation of offenders, but we have to do that on the basis of a realistic appraisal of the current state of the economy. We have inherited the worst financial and fiscal crisis of modern times. We have succeeded a Government who simply borrowed ever more money and who threw money at every problem, often with a considerable lack of success for public protection. I endorse what the hon. Gentleman says about the work of the Prince’s Trust and others throughout our Prison Service, but he will have to find a positive contribution to policy making, rather than saying just, “Let’s borrow and spend more public money,” because that is ruled out for the immediate future.
Bribery Act
Lord Clarke of Nottingham Excerpts(14 years, 5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
The Bribery Act 2010 creates a new set of offences that should equip prosecutors and the courts with the tools they require to ensure that all forms of bribery, at home and abroad, are met with an effective criminal justice response. As I stated in my statement of the 15 June following my appointment as international anti-corruption champion, effective implementation of the Act, which demonstrates cross-party commitment to the fight against bribery, is a coalition priority.
Section 7 of the Act creates a new offence which can be committed by commercial organisations which fail to prevent bribery committed for their benefit. However, it is a defence for an organisation to prove it had adequate procedures in place to prevent bribery being committed on its behalf. Section 9 establishes a duty on the Secretary of State to publish guidance about procedures which commercial organisations can put in place to prevent bribery. We believe it is important that the guidance to be issued takes account of the views of those with an interest in this area, including both business and non-governmental organisations. We also consider it vital that the timing of the publication of the guidance allows for an adequate period of familiarisation before the commencement of the Act.
We therefore propose to conduct a public consultation exercise on the form and content of guidance to be issued under section 9 of the Act beginning in late summer with a view to publishing guidance early in the new year in preparation for commencement of the Act in the spring of 2011.
Judicial Appointments
Lord Clarke of Nottingham Excerpts(14 years, 6 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am today announcing my intention to review the operation of the judicial appointments process and the structure of those bodies supporting the Lord Chief Justice and me on judicial matters.
The appointment element of the review will look at the end to end appointments process addressing in particular:
The proper balance between executive, judicial and independent responsibilities.
Ensuring clarity, transparency and openness.
Quality and speed of service to applicants and the courts and tribunals the process serves.
Governance, efficiency and value for money.
The appointments process must fully respect and maintain the independence of the judiciary, and appointment on merit must remain absolutely at the heart of the process. These principles will underpin the review.
In the light of the needs of the judicial appointments process, the Courts and Tribunals Integration Programme and the Government’s wider review of arm’s length bodies, the review will also consider whether the current structure of judicial arm’s length bodies
best meets the needs of the constitutional settlement, properly protecting judicial independence;
provides clear accountability; and
provides the most effective means of delivering a high quality service and value for money.
The review has been agreed with and will be conducted in close consultation with the Lord Chief Justice. I expect the review to report in the autumn.
Justice
Lord Clarke of Nottingham Excerpts(14 years, 6 months ago)
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Barbara Keeley (Worsley and Eccles South) (Lab)
T9. In a recent case, a Salford man had committed a rape and was bailed, but then committed a further rape, and the police believe that there are further victims of this man. Can the Secretary of State explain why the Government have committed in their coalition agreement to extending anonymity to such defendants before all the evidence is heard? Can he also say who will now be consulted for that evidence?
[Official Report, 15 June 2010, Vol. 511, c. 735-36.]
Letter of correction from Mr Kenneth Clarke:
An error has been identified in the oral answer given to the hon. Member for Worsley and Eccles South (Barbara Keeley) on 15 June 2010. The answer given was as follows:
Mr Kenneth Clarke
With great respect, I find it very surprising that so many questions are being raised about a proposition that has been before the House, on and off, for the past 20 years and is not easily resolved. We will, of course, look at all arguments, including the experience of the case to which the hon. Lady has referred, but that is only one of the considerations to be taken into account. There will undoubtedly sometimes be cases where the publication of the name of the accused person gives rise to other people coming forward with well-founded complaints against that person. We will have to see whether there is any evidence that such cases are a significant proportion of the total cases of rape. We shall also have to consider the arguments on the other side, where a woman can make an anonymous complaint, the man can eventually be convicted, after going through a long and probably rather destructive ordeal, and the woman retains her anonymity as she walks away, with her ex-boyfriend or ex-husband left to live with the consequences.
The correct answer should have been:
Mr Kenneth Clarke
With great respect, I find it very surprising that so many questions are being raised about a proposition that has been before the House, on and off, for the past 20 years and is not easily resolved. We will, of course, look at all arguments, including the experience of the case to which the hon. Lady has referred, but that is only one of the considerations to be taken into account. There will undoubtedly sometimes be cases where the publication of the name of the accused person gives rise to other people coming forward with well-founded complaints against that person. We will have to see whether there is any evidence that such cases are a significant proportion of the total cases of rape. We shall also have to consider the arguments on the other side, where a woman can make an anonymous complaint, the man can eventually be acquitted, after going through a long and probably rather destructive ordeal, and the woman retains her anonymity as she walks away, with her ex-boyfriend or ex-husband left to live with the consequences.
HM Courts Service Estate
Lord Clarke of Nottingham Excerpts(14 years, 6 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I am today announcing proposals for consultation that I believe will enable HMCS to best provide vital public services to local communities. Our court system has long been a guardian of British values of fairness and responsibility. I believe that the changes proposed in this statement will preserve those values.
We need to look critically at the services courts provide—they are a vital pillar of the justice system but they are not the only forum where civil disputes can be resolved. I want to explore whether more people can resolve their disputes using alternative methods which give faster solutions that are flexible to people’s needs. Across the civil, family and criminal courts, I want to look at what can be done to use technology more effectively so fewer people have physically to attend court for routine purposes. Increasingly we are using the internet, telephone and video technology in our work and personal lives—we should be more rigorous in exploring their use across the justice system.
HMCS currently operates out of 530 courts, some of which do not fit the needs of modern communities. Their number and location does not reflect recent changes in population, workload or transport and communication links over the many years since they were originally opened.
My Department has published consultation papers setting out proposals to close 103 magistrates courts and 54 county courts and inviting views on how we can best provide local justice services in our communities across England and Wales. In reaching decisions on closures I will ensure that we keep courts in the most strategically important locations, communities continue to have access to courts within a reasonable travelling distance, that cases are heard in courts with suitable facilities and that there is an overall reduction in cost.
Closure of the courts covered in the consultation would achieve running cost savings of around £15.3 million per year. These courts also have backlog maintenance of around £21.5 million, costs that can be avoided if the closures go ahead. Following a full analysis of responses to the consultation, and a decision on whether and which courts to close, a further assessment will take place on the level of savings that could be achieved and the potential value that could be released from the disposal of the properties. I believe that as well as savings to HMCS there will also be savings for other criminal justice agencies by focusing their attendance at a single accessible location within a community.
When public finances are under pressure, it is vital to eliminate waste and reduce costs. At the same time we should also take the opportunity to think afresh about how we can provide more modern court services. The arrangements we currently have are historical and now need to be reassessed to ask if they meet the needs of society as it is today. We increasingly use the internet and email to communicate and access services and we travel further to work, for leisure and to do our weekly shop. Providing access to justice does not necessarily mean providing a courthouse in every town or city. Across the civil and criminal courts there are great opportunities to harness technology more effectively so people do not necessarily have to physically attend court when they give evidence or access court services. Not all disputes need to be resolved in court. I will also examine ways of enabling more people to resolve their disputes in a way that leads to faster and more satisfactory solutions. We will continue to develop proposals for introducing alternatives that deliver a better service for less money.
The consultation seeks the views of all with an interest in local justice arrangements. I will take all views expressed into account before making any decision on which courts ought to be closed and when. I also invite views on how the courts service could be modernised to improve the justice system as well as reduce its costs.
The consultation also includes proposals on the merger of a number of local justice areas which would enable effective changes to courthouse provision. This will facilitate further efficiency savings in administrative work, while enabling an effective service to continue to be provided by magistrates to the public.
I am also announcing that following a consultation on the proposed closure of Leigh County Court in 2009, I have decided that this court should close without further delay. Since an arson attack two years ago, all cases that would have been heard in Leigh are being heard in Wigan or Warrington, only seven and 10 miles away respectively. This has not caused any disruption to the delivery of justice in Greater Manchester.
The consultation documents and the full list of courts we are consulting on will be published on the Ministry of Justice website. Copies will be placed in the Libraries of both Houses, and in the Vote Office and the Printed Paper Office.
Legal Aid Reform
Lord Clarke of Nottingham Excerpts(14 years, 6 months ago)
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The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
I confirm that we are considering policy on the subject of legal aid in England and Wales as announced in the Government’s document “The Coalition: our programme for government” published last month. The Government are considering how to make the system more efficient having regard to the current financial climate, while ensuring that it continues to play a vital part in ensuring that people can get access to justice.
This Government’s immediate priority is to reduce the financial deficit and encourage economic recovery. We have made it clear that the main burden of the deficit reduction will be borne by reduced public spending, achieved by financial discipline and the most efficient and effective delivery of public services. I am seeking to develop an approach to legal aid spending which balances these necessary financial constraints with the interests of justice and the wider public interest. We will seek to develop an approach which is compatible with fair and necessary access to justice for those who need it most, the protection of the most vulnerable in our society, the efficient performance of the justice system, and our international legal obligations.
We intend to seek views on our proposed new approach in the autumn.