Prosecutions: Defence Legal Costs

Debate between Lord Keen of Elie and Lord Faulks

Wednesday 15th March 2017 Lords Chamber

[Lord Keen of Elie]

I say with respect to my noble friend that it is necessary in this context to have regard to the public interest as well as the private interest of individuals. A balance has to be struck in that context. On the case he referred to of an 82 year-old, as I indicated earlier, the individual in question was offered legal aid having been eligible for it. Had he accepted that offer, he would have recovered his costs.

[Lord Faulks (Con)]

My Lords, the rule used to be far more straightforward. If you were acquitted of an offence, you were entitled to your costs, but the judge had a discretion not to award costs if you had somehow brought the prosecution upon you. Is that not the best way to approach matters?

[Lord Keen of Elie]

My Lords, there are clearly a variety of ways in which this matter can be addressed. Nevertheless, I fail to understand how someone who has been acquitted could be accused of having brought the prosecution on themselves.

Personal Injury Claims: Motor Vehicle Incidents

Debate between Lord Keen of Elie and Lord Faulks

Wednesday 1st March 2017 Lords Chamber

[Lord Keen of Elie]

The discount rate is related to the rate of return on government bonds, because there is an underlying assumption that those who receive large damages awards for future care will invest them in a very conservative manner, in bonds. Therefore, as the interest rate drops, so the discount rate will also drop.

[Lord Faulks (Con)]

My Lords, I should declare an interest in that I practise in this area. May I suggest to my noble and learned friend that one way to get round this difficulty would be for the Government to legislate to reverse the effect of Wells v Wells, which was decided on the basis that a notional investor would invest in gilts? That is not realistic and has resulted in this extraordinary change to the discount rate.

[Lord Keen of Elie]

My Lords, I agree with the observation that the level of the discount rate reflects a very conservative assumption about how a person would deal with a large lump-sum payment of damages in order to protect their future position. That has to be the subject of review, because it is clearly outdated.

IPP Prisoners

Debate between Lord Keen of Elie and Lord Faulks

Monday 20th February 2017 Lords Chamber

[Lord Keen of Elie]

I am obliged to the right reverend Prelate but I would point out that the backlog is being tackled and the rate of release of these prisoners is increasing all the time. The number of IPP prisoners is now at an all-time low, but we have to remember that these are individuals who for a variety of reasons pose a very serious threat to members of the public. Indeed, a recent analysis of IPP prisoners still in custody whose tariff was originally less than two years indicates that 88% were assessed as posing a high or very high risk of causing further serious harm.

[Lord Faulks (Con)]

My Lords, I think my noble and learned friend the Minister has suggested that 200 hundred prisoners come within the cohort that is the subject of the Question. Can he reassure the House that, as regards those prisoners, there will have been at least one determination by the Parole Board as to whether it is safe to release them? Can he also reassure the House that, if necessary, further determinations will be made or hearings held to reconsider whether it may be safe to release them?

[Lord Keen of Elie]

I am obliged to my noble friend. These prisoners have been the subject of assessment by the Parole Board and, where they have failed to satisfy the board that they cannot be released without a risk of serious harm to the public, further provisions have been put in place for psychological assessment and assistance. Where before there were long backlogs, various courses are now available to help these prisoners towards an open system of supervision.

Lay Magistrates

Debate between Lord Keen of Elie and Lord Faulks

Monday 20th February 2017 Lords Chamber

[Lord Keen of Elie]

I was not aware that the noble Lord had read my brief before I arrived in the Chamber. I rather think that if he did he did it in a cursory manner, because I can assure him that the answers I have given have not simply been a recitation of what was in the written brief.

[Lord Faulks (Con)]

My Lords, my noble and learned friend referred to the reduction of workload among magistrates. Can he confirm that that is at least in part due to the reduction in the rate of crime in the UK at the moment? Will he also register his and the Government’s approval of the contribution that magistrates make to the criminal justice system? I think they decide something like 90% of all cases.

[Lord Keen of Elie]

My noble friend is absolutely right: more than 90% of all criminal cases are disposed of by the magistrates’ Bench. If I may read a little further—

Serious Disturbance at HM Prison Birmingham

Debate between Lord Keen of Elie and Lord Faulks

Monday 19th December 2016 Lords Chamber

[Lord Keen of Elie]

With respect to the noble Baroness, Lady Farrington, that is precisely what this Government are providing. Let us not look back but look forward. We are looking forward to providing, more or less immediately, 400 additional prison officers, many hundreds of whom have already been recruited. We are looking forward to providing another 2,500 prison officers. As I say, let us look forward to what we are seeking to achieve, not look back to what has been.

[Lord Faulks (Con)]

My Lords, I am sure the House would be interested, if my noble and learned friend can tell us, in whether drugs played a significant part in what went on in Birmingham, although it may be that that will have to await the inquiry. However, can my noble and learned friend confirm that drugs are not only a problem because they tend to create aggression in prisoners, but because they also create an atmosphere where money is owed by one prisoner to another and gangs are set up, the combination of which is quite toxic? I note that the Statement said that the Government are rolling out tests for dangerous psychoactive drugs in prison. Will the Minister please assist us and tell us how that rolling out is going and what the Government hope it will achieve?

[Lord Keen of Elie]

I am obliged to my noble friend. It is too early to say whether drugs played a direct part in the incident at Her Majesty’s Prison Birmingham. No doubt that will be the subject of inquiry during the course of the investigation, which I have already referred to. However, the development of a prevalence of psychoactive substances in prisons has been a major factor in engendering violence for the two reasons that my noble friend indicated. First, the use of these drugs engenders behavioural changes that lead to violent conduct, and, secondly, the competition for control of these drugs leads to further intimidation and violence within the prison estate—there is no question of that. We have struggled to address the issue of psychoactive substances but we have now reached the point at which we have developed blood tests that are effective in identifying their use. That has been a considerable challenge, and we are now essentially a world leader in that field. Those tests will be rolled out to control the use of psychoactive substances. It is believed that that will assist in reducing the level of violence within our prison estate.

Magistrates: Sentencing Powers

Debate between Lord Keen of Elie and Lord Faulks

Tuesday 8th November 2016 Lords Chamber

[Lord Keen of Elie]

Clearly, magistrates have the training and skill to consider a wide variety of sentencing powers and to impose a wide variety of sentences. We have no hesitation in acknowledging that. Whether they should or should not be custodial sentences, at the end of the day, must be a matter of judgment in each individual case.

[Lord Faulks (Con)]

My Lords, last week saw a disgraceful attack on the judiciary.

[Lord Faulks]

Will my noble and learned friend take this opportunity to show the Government’s support for the entire cohort of the judiciary, whether it be the Supreme Court, the Divisional Court or the magistracy? Can he also confirm that, were magistrates to be given additional powers, it is overwhelmingly likely that those sentencing powers would be subject to a right of appeal, as of right, to the Crown Court?

[Lord Keen of Elie]

My Lords, we have a judiciary of the highest calibre. We have a free press, which is not always of the highest calibre. Sensationalist and ill-informed attacks can undermine public confidence in the judiciary, but our public can have every confidence in our judiciary, a confidence which I believe must be shared by the Executive.

Press Matters

Debate between Lord Keen of Elie and Lord Faulks

Tuesday 1st November 2016 Lords Chamber

[Lord Keen of Elie]

The noble Baroness is right to anticipate that I am not going to comment on an individual case. The conduct of IPSO may be the subject of criticism but it has not applied for, or been granted, registration under the present scheme.

[Lord Faulks (Con)]

My Lords, the Statement quite rightly acknowledges the balance that has to be struck between freedom of the press and the very important matters that come under the heading of “freedom of the individual”. Does the Minister agree that it is important that newspapers that are sued—whether regional or national—should be able to defend themselves with reasonable ability? If they are not only going to face the penalties in Section 40, but also exceptionally be liable to have conditional fees brought against them, this may result in an uneven playing field. Will the Minister confirm that the future of the conditional fee regime as regards libel actions will be considered when the consultation takes place?

[Lord Keen of Elie]

The Government have set no limits on the consultation process so far as costs are concerned. Clearly, the question of conditional fees will arise in the context of whether Section 40 should be brought into force. The noble Lord is quite right that it is important, while bearing in mind the victims of press abuse, to ensure a fair, acceptable and level playing field in issues between the press and powerful individuals. The press should not be coerced by the issue of cost into not reporting in a fair, open and effective manner.