Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 13th March 2012 Commons Chamber

[Mr Clarke]

I am glad to know that my hon. Friend is, as ever, on the side of moderation—he suggests not necessarily leaving or remaining, but temporarily withdrawing, which is obviously in his opinion the middle path. I am awaiting the advice of the independent commission that we have appointed, which I have not interfered with at all, and which is seeking to get to some conclusions. I am also awaiting the results of negotiations with 47 other countries that are signatories to the European convention on human rights.

[Dr William McCrea (South Antrim) (DUP)]

Does the Justice Secretary agree that, no matter how much sympathy we have for the personal suffering of our fellow men and women, only Parliament can change the law of murder and permit someone to take their own life by their own hand or to be assisted in doing so by doctors or others?

[Mr Clarke]

That is rather relevant to a case that is currently being heard and I do not think I can possibly comment on it. I await with interest the judgment, as the case has been allowed to be taken to the High Court of Justice.

Not-for-profit Advice Sector

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 6th March 2012 Westminster Hall

[Yvonne Fovargue]

Were I a cynic, I might agree with my hon. Friend. Only a few weeks ago, in this very Chamber, the Minister of State, Department for Work and Pensions, the right hon. Member for Epsom and Ewell (Chris Grayling), mentioned that the backlog was of almost nine or 10 months, which will certainly not be the case if people do not have access to appeals any more.

I welcome the announcement by the Chief Secretary to the Treasury that there will be more money for advice, but I am a pragmatist and have worked for an advice agency, so the bottom line is when, how much and what for—without answers to those questions, my welcome cannot be too great. As my hon. Friend the Member for Chesterfield (Toby Perkins) said, is it a coincidence that the funding will be removed at the same time as the need for advice will increase? What assessment has been made of the need for specialist advice in the period of change? Finally, has the Minister—I know it is not his area—discussed with his colleagues when the advice review is due to be published? I thought it would be essential to publish the results of the advice review before the decisions are made on the removal of legal aid from advice agencies.

I welcome the vote in the other place that people should have access to legal services that meet their needs effectively. Citizens Advice and other advice agencies have been offering such services for more than 70 years, which are as vital now as they were then.

[Dr William McCrea (South Antrim) (DUP)]

Advice services such as Citizens Advice have expressed concerns about the effect of the Bill. Citizens Advice stated that

“what’s left…of legal aid will be…unworkable for too many advice providers.”

Is that the opinion of the hon. Lady as well?

[Yvonne Fovargue]

It is, because of what is known as a critical mass in the area. We should not forget that advice agencies have already suffered an unplanned 10% cut in the rates of such cases this year. To remove legal aid completely would be to destabilise; for the small amount of work left in scope, it might not be worth employing an adviser—in fact, an adviser could not be afforded.

I have always believed that a thriving advice sector contributes to a healthy society with fairness and access to justice for all at its heart. The changes to legal aid rip the heart out of the advice sector and will leave the vulnerable lost and alone, knocking at the doors of cash-starved local authorities and of MPs’ surgeries. The changes are not only heartless but economically unsound.

Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 31st January 2012 Commons Chamber

[Dr William McCrea (South Antrim) (DUP)]

Many innocent victims of crime feel isolated and dissatisfied at the end of the justice process. Will the Secretary of State assure me that protection of, and justice for, the victim will be fundamental to the reformed criminal justice system?

[Mr Clarke]

I hope that I can assure the hon. Gentleman and that he will have the opportunity to study the consultation document I published yesterday. I concede that there has been a steady process of improvement over the years, compared with the situation not too long ago, when victims were regarded simply as people who had to come to court if they were needed, but we still have not gone far enough. We must ensure that the experience of being in court does not add to a victim’s suffering, that all proper support is given to those who have been badly and lastingly affected by what has happened to them and that there is a proper system of compensation. The object of the criminal justice service must be to give proper service to the victims of crime.

Policing (North Wales)

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 31st January 2012 Westminster Hall

[Susan Elan Jones]

I agree totally with my hon. Friend and share his concern about the impact in Wrexham county borough.

If the Government know how police chiefs can keep all their people and premises on 20% less money, with a rising population and fewer back-office resources, I hope that the Minister will tell us. North Wales police knows its own organisation’s needs better than anyone, and it has made it clear that it cannot keep all its officers under the budget cut. Our excellent chief constable Mark Polin made his position perfectly clear, saying:

“If I am going to keep the organisation in balance, we are going to have to lose a significant number of staff…I have no wish to reduce any of our staff, but I have got to. I have no choice whatsoever”.

No choice whatsoever—Ministers know that that is true. Now is the time for them to stop passing the buck and take responsibility for the chaos that they have created.

North Wales’ policing needs will be hit particularly hard because of the rural nature of our area and the loss, on top of the 20% budget cut, of the payment that used to be awarded to help cope with that. One hidden change brought in alongside the headline cuts to budgets is the merging of the rural police grant into the core settlement. It is effectively being abolished for police forces such as North Wales, which used to benefit from it directly.

Our rural communities have specific policing needs, and the rural grant was introduced by the Labour Government to address them. A sparse and scattered population cannot be policed in the same way as an urban centre. Police have to cover huge distances, incurring extra costs in fuel or infrastructure such as buildings that urban police forces need not budget for. That is why the Home Office’s police allocation formula working group considered and rejected the recommendation that the rural grant should be rolled in with other categories of grant and effectively lost. Again, however, that expert opinion was ignored, and north Wales will have to do without.

Why does it matter? Let me give an example. Last year, part of my constituency suffered some worrying arson-related attacks on cars. That kind of crime requires exactly the same kinds of police resources in a rural village as it would if it happened in an inner-city area, but rural police are spread more thinly and need to travel further to reach the trouble when it happens. No amount of so-called efficiency savings can mitigate the geography, unless Ministers would like all of my constituents and others in north Wales to relocate together to one place in order to make things easier. The Countryside Alliance rightly makes the point that the proposed levels of police cuts would be “a free-for-all” for those who would commit crime in the countryside.

I am delighted to see the Labour-led Welsh Government fund an additional 500 community support officers across Wales, but the loss of the rural police grant is a double whammy for us. The official figures show that vehicle crime is up in north Wales by 84% over the past year—from about 130 incidents in November 2010 to 250 in November 2011. Burglary and other crimes, including theft, shoplifting, criminal damage and public disorder have also increased during that time frame.

[Dr William McCrea (South Antrim) (DUP)]

I am sure that the hon. Lady will acknowledge that crime is a reality in every part of the United Kingdom. She mentions statistics regarding increases of burglaries and robberies in Wales, and sex crime is also an issue. Does she agree that we as Members of Parliament need to remember that behind every one of these crimes are horrifying stories of lives that have been blighted—many of them changed, never to be the same again—and that it is therefore necessary to have the police available to stop crime?

EU Criminal Policy

Lord McCrea of Magherafelt and Cookstown Excerpts

Wednesday 25th January 2012 Commons Chamber

[Mr Blunt]

As a Justice Minister, I would be extremely unwise not to acknowledge the merits and wisdom of the recommendation of the Chairman of the Justice Committee. My right hon. Friend makes the proper point that there is an expertise in the Select Committees that should be engaged, if possible. Much of the process sits with the European Scrutiny Committee, and we are today making recommendations that the House should consider matters. I shall, of course, leave the detail of process, and the way in which the House should do that, to my right hon. Friend the Leader of the House. However, I hear what my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) says, and I acknowledge the force of his point.

[Dr William McCrea (South Antrim) (DUP)]

The explanatory memorandum on the European Union document acknowledges that responsibility for criminal law matters in Scotland and Northern Ireland rests with the respective Scottish Government and Northern Ireland Ministers. It then states:

“This EM has been cleared by officials in the Scottish Government and Northern Ireland.”

Will the Minister assure me that the Minister in Northern Ireland has been consulted on the matter and that he has had sight of the document before our discussions here?

[Mr Blunt]

I hope that I can return later to the hon. Gentleman’s intervention and give him a full answer.

As I said, there are some potential concerns about the detail of the principles. Ineffective implementation of a European Union policy should not in itself trigger consideration of the use of criminal law. We also agree with the European Scrutiny Committee that it is primarily for member states and their Governments to ensure that citizens can have confidence that they live in a Europe of freedom, security and justice. The European Union’s primary role should be driven by stopping serious cross-border crime.

The Government welcome the further caveats that the European Scrutiny Committee considers should be placed on the communication. The first relates to the European Union not seeking to harmonise extra-territorial provisions across member states. The Government believe that requiring member states to take extra-territorial jurisdiction must be considered on a case-by-case basis, having particular regard to the conduct to be tackled and its impact. We have accepted that it is appropriate to require member states to be able to prosecute their nationals who commit certain child sex crimes or human trafficking offences anywhere in the world. However, we have not accepted European Union rules on extra-territorial jurisdiction based on the nationality of the victim of crime.

The Government also agree with the Committee that we should be cautious about European Union criminal law that seeks to define aggravating and mitigating circumstances. We accepted some aggravating factors in the context of child sex offences or human trafficking. We consider those factors to form part of the agreed minimum sanctions, and, therefore, to be permissible.

The Government are unaware of the previous use of the term “Euro-crimes”, or, indeed, its origin. It is wholly misleading. I want to state clearly that no one will ever be prosecuted under a so-called Euro-crime. The European Union can set only the minimum elements of an offence. Each will have to be implemented in the domestic law of the member states. Hon. Members will understand why the Government view the term as singularly unhelpful. For European officials to use a shorthand internally to refer to crimes about which member states have agreed to establish minimum standards is one thing. For that term to find its way into official documents is another example of jargon that allows misrepresentation and misunderstanding.

Detainee Inquiry

Lord McCrea of Magherafelt and Cookstown Excerpts

Wednesday 18th January 2012 Commons Chamber

[Mr Clarke]

The intention was that the Gibson inquiry would cover that aspect of the Libyan allegations, particularly the two allegations of rendition, that fitted with the terms of reference the inquiry already had for the Guantanamo Bay cases, but a lot of issues have been thrown up by the Libyan allegations and we will consider how best to handle them. Unfortunately, the Metropolitan police are bound to take months at least, I should have thought, so we have time to consider how best to handle these matters.

[Dr William McCrea (South Antrim) (DUP)]

I wholeheartedly agree with the statement that the Justice Secretary has made today, but how can we ensure that the security and intelligence agents who do such sterling work on our behalf are protected against false allegations against them?

[Mr Clarke]

I have never been able to protect anybody against false allegations but the easiest way of handling such allegations is to investigate them quickly and dismiss them. I have no doubt that allegations that turn out to be false will be quickly dismissed by Sir Peter Gibson and I hope that any future inquiry will get rid of malicious or politically motivated allegations, to which people who work in this field are bound to be exposed. However, that is not a description of the things now being looked at. The questions being raised here are serious and this issue calls for some explanation. We want the Libyan cases to be investigated very thoroughly and we look forward to the police conclusion and the results of a judge-led inquiry on the whole matter.

Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 13th December 2011 Commons Chamber

[Mr Djanogly]

We are certainly monitoring the situation, and I do so virtually on a weekly basis. Since 2009, until closure, Southport courts sat on three days per week. The court utilisation figure prior to consultation on closure was 33%. Since the work was transferred to Bootle courts, the utilisation level of Bootle has increased from 49% to 68% for the month of October 2011.

[Dr William McCrea (South Antrim) (DUP)]

rose—

[Mr Speaker]

Ulster is a little way away, but I am sure that it is not beyond the ingenuity of the hon. Gentleman to relate his supplementary to Merseyside.

[Dr McCrea]

Absolutely, Mr Speaker. Will the Minister tell us whether any figures are available on the cost to industry and individuals in Merseyside, when witnesses attend court proceedings only to be told later in the day that they can go home because the proceedings cannot go ahead?

[Mr Djanogly]

I cannot do so off the top of my head, but I will write to the hon. Gentleman. There might be good reasons for such occurrences, such as someone entering a guilty plea, as well as bad reasons. The situation is complicated.

Justice and Security Green Paper

Lord McCrea of Magherafelt and Cookstown Excerpts

Wednesday 19th October 2011 Commons Chamber

[Mr Clarke]

There is no question of having this in criminal cases—it would be quite impossible. A person could not be convicted on the basis of evidence that he was not allowed to hear and that was withheld from the public. The position will be the same after this as it is now—if evidence is not possessed that can be used in open court, the prosecution has to be dropped and cannot proceed. I share my hon. Friend’s sensitivities about any part of civil proceedings being closed—particularly, for example, in inquests, as I said a moment ago. However, I have come to the conclusion that that is less unsatisfactory than a situation in which the case cannot be heard in civil proceedings, so both parties go away, both claiming they are still right, and nobody has been able to hear all the evidence and give a judgment that, although not everybody will always accept it, will be of considerable reassurance to the general public if someone has heard it all and come to a conclusion.

[Dr William McCrea (South Antrim) (DUP)]

Does the Secretary of State acknowledge that it is vital that we have a common regime across the United Kingdom in dealing with the fight against terrorism? Given that, what talks will he have with the Department of Justice in Northern Ireland to ensure not only that there is a consistent approach but that there are no loopholes?

[Mr Clarke]

I think that the issues are exactly the same, in relevant cases, in all parts of the United Kingdom. Obviously the situation in Northern Ireland is particularly relevant to all this, so we have already consulted in Northern Ireland with the Justice Minister and others, and we will continue to do so. We are hoping to resolve problems that have been big in Northern Ireland for a long time, and we could not possibly have different principles applying on either side of the Irish sea.

Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 28th June 2011 Commons Chamber

[The Minister for Policing and Criminal Justice (Nick Herbert)]

I am happy to tell my hon. Friend that the Government think that it is time the criminal justice system caught up with the rest of the world. Our plan is that information documents will be sent by secure e-mail between all agencies in the system by April next year, so that we can eliminate that wasteful paperwork and drive efficiency in the system.

[Dr William McCrea (South Antrim) (DUP)]

Can the Minister update the House as to what discussions he has had with the Minister of Justice in the devolved Administration concerning proposed changes to the legal aid system?

[Mr Djanogly]

I can confirm that I have had discussions, correspondence and a meeting with the devolved Administration to discuss the implications for legal aid and to ensure that we are all moving in the same direction.

Oral Answers to Questions

Lord McCrea of Magherafelt and Cookstown Excerpts

Tuesday 17th May 2011 Commons Chamber

[Mr Blunt]

My hon. Friend has pointed clearly to a consequence of the failure to rehabilitate offenders effectively, which should have happened under the previous Administration. That is why we are engaged in what we are calling a revolution in rehabilitation. As I said in answer to my hon. Friend the Member for Fylde (Mark Menzies), we will have to ensure that we engage the full capacity of the voluntary and charitable sectors, in co-operation with the state sector and the private sector, in order to maximise our capacity to deliver and to focus them on outcomes rather than inputs.

[Dr William McCrea (South Antrim) (DUP)]

Has the Minister seen the headline in a national newspaper today stating that drug addicts are pocketing benefits amounting to more than £1 billion every year? Does he accept that the welfare system needs to be reformed to give addicts help in the form of treatment, rather than funding their addiction, and how does he see such a proposal being taken forward?

[Mr Blunt]

That is an extremely important part of effecting the rehabilitation of offenders. The number of offenders whose offences are drug-related is very substantial, so in conjunction with the Department of Health we are examining and introducing pilots on the whole treatment of drug addiction in the community. Many offenders will enter those pilots and then, I hope, the scheme when we roll it out system-wide by the end of the Parliament. We are also examining with the Department of Health how we treat people in prison in order to ensure that we are much more focused on abstinence as well. I fear I may exhaust the patience of Mr Speaker if I go on.