Oral Answers to Questions

Debate between Lord Clarke of Nottingham and David Burrowes

Tuesday 31st January 2012 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

17. What steps his Department is taking to support victims of crime.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

Yesterday, in a statement to the House, I launched a consultation on far-reaching proposals on the support provided to victims and witnesses of crime.

--- Later in debate ---

[Mr Clarke]

I do not think that 51% of victims have a factual basis for saying that. I share the hon. Lady’s concern, however, that whenever questions are asked, if they are asked in the right way, we get that kind of answer. We have to get across to the public that the system does indeed punish offenders properly and attempt to reform them, and that we are steadily attempting to improve the support that we give to victims. It is extremely important that the criminal justice system should give the highest regard to victims, because protecting and giving justice to them and their families is one of the principal aims of the service.

[Mr Burrowes]

Will the implementation of the Government’s welcome victims strategy ensure that convicted offenders take personal responsibility for their crimes and make reparations to victims? Will it also, once and for all, take out of circulation the dreadful term “victimless crime”?

[Mr Clarke]

I share my hon. Friend’s view of the significance of this issue so that, wherever possible, criminals should make reparation for their crime and compensation should be paid to the victim. We are looking to take further action to reinforce the need for courts to try to make a compensation order whenever possible, and we are looking at ways of steadily improving how we collect the money from compensation orders when they are made. We are seeing steady improvement, but we need to go further.

Justice and Security Green Paper

Debate between Lord Clarke of Nottingham and David Burrowes

Wednesday 19th October 2011 Commons Chamber

[Mr Clarke]

Well, we will look at that, because I stress that this is a Green Paper and we are seeking cross-party consensus, which, were we ever to go into opposition again, I trust we would maintain on such subjects. The shadow Home Secretary made the same point, and we will look at it, but the idea that the Chairman’s party allegiance is an important consideration is not immediately obvious to me. I am glad that the hon. Gentleman confirms that the current Chairman, who happens to be a Conservative MP, is a former Foreign Secretary and whom nobody criticises as Chairman, is the right person to be Chairman. A rule that the Chair switches party might be relevant to other Committees, but for this Committee it is not quite as necessary as it obviously is for a Select Committee.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I commend the Justice Secretary for drawing the politicised sting from the false battle between justice and security. Will he give us his early thoughts on the possibility of creating an inspector-general of the intelligence services in order to ensure that oversight is concentrated in a single body?

[Mr Clarke]

The idea is floated in the Green Paper, and it often comes up. We will obviously look at it, alongside all the other things we are looking at to make the security services more accountable, but it is a suggestion often made, it remains a live issue and we will consider it very carefully.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Clarke of Nottingham and David Burrowes

Wednesday 29th June 2011 Commons Chamber

[Mr Clarke]

I have always had a high regard for Baroness Hale, who is a very distinguished lawyer, and I have heard of her opinions. I shall have to study them and perhaps even meet her to discuss them, because I am surprised by her response. Where we started from was ensuring that we did not damage access to justice for vulnerable people in matters of such importance that society as a whole would want to be sure that they were protected. Either she has misunderstood the effect of our proposals or why we are doing it. We have to get back to spending an affordable amount of money on paying for things that the taxpayer should actually pay for to defend the vulnerable. We all start as lawyers, let alone as citizens, with a slight bias in favour of legal aid because everyone is used to it, but the scale of legal aid has expanded, its scope is too wide and it needs to be reformed.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I am grateful to the Lord Chancellor for saying that legal aid will be available to defend the vulnerable. I declare an interest as one who has been a duty solicitor in the police station. I would like him to consult carefully about the practical implementation of proposals to limit legal aid for advice and assistance in police stations, given that his officials no doubt bear the scars of previous implementations that became bureaucratic nightmares. Losing the benefit of the informed legal advice that one needs in the police station can lead to inefficient justice.

[Mr Clarke]

We will look at that and consider it carefully as we proceed. At the moment, the Bill replicates a provision taken from an earlier Bill by the Labour party. It appears to give a power to take away the right to legal aid. It appears to give a power to take away access to legal advice in the police station. The last Government legislated to do that but never did it. We have no current intentions of doing it. We will consider the issue and no doubt my hon. Friend or others will return to it in Committee. I realise that there has been some concern.

Legal Aid and Civil Cost Reform

Debate between Lord Clarke of Nottingham and David Burrowes

Monday 15th November 2010 Commons Chamber

[Mr Clarke]

I realise that we have had such problems. The LSC’s accounting has been criticised and its performance has not always been what it might—hence the complaints of late payment. The commission seems to have been making great efforts to improve its performance, which we hope to maintain. Obviously, we hope that the transition to the new agency arrangements, as first proposed by the previous Government, will not interrupt that. We will continue to make sure that we do not face straightforward complaints about late payment for services that have been rendered.

[Mr David Burrowes (Enfield, Southgate) (Con)]

First, I declare an interest as a legal aid lawyer. Given your earlier comments, Mr Speaker, I hope that that will have no bearing on the length of this question. Will my right hon. and learned Friend measure the success of his proposals in relation not just to the amount of public money saved but to greater access to justice, because there is not always a need for a contested hearing?

[Mr Clarke]

I hope to, but I hesitate to claim that we are providing greater access to justice given that we are taking quite a few things out of the scope of legal aid assistance. However, I share my hon. Friend’s hope that we will encourage better resolution of disputes, of which there are plenty of examples. The president of the family division, Sir Nicholas Wall, has talked about how, in many family cases, long, adversarial conflict proves not to be the best way of resolving differences between parents and certainly is not in the children’s best interests. There are plenty of other areas in which I hope definite advantage in resolving disputes will come from our proposals.