Prisons: Releasing Women into Safe and Secure Housing
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(2 years, 8 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, I am more than aware of this problem, because we debated it both in Committee and on Report for legislation which was going through this House. It is a real issue, and particularly for prisons which are in more disparate parts of the country where it can take people longer to travel back to where they originally came from. Prison governors are aware of this. The figures—which I do not have at hand—are getting better in this regard. Perhaps I can write to the right reverend Prelate further on this point.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, we have a virtual contribution from the noble Lord, Lord Howarth of Newport.
Offenders: Pregnant Women
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years ago)
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Lord Wolfson of Tredegar (Con)
It is very important that the implementation of sentencing guidelines is a matter for independent judges and not government Ministers. What I can say is that judges and sentencers of all sorts have to consider the effect of the sentence not only on the person being sentenced but on people for whom they care. That will particularly apply to young children, and in the case of pregnant women it will also apply to the unborn child.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, all supplementary questions have been asked. We now move to the next Question.
Child Trust Funds
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 1 month ago)
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Lord Wolfson of Tredegar (Con)
With respect, my Lords, I think that that is a question for the Department for Education. I will pass it on and ask the department to write to the noble Lord with an answer.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed.
Non-fatal Strangulation and Suffocation
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 4 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, I will take the point about visible signs of injury first. A visible sign of injury is not needed: the offence requires the Crown to show beyond reasonable doubt that the person strangled or otherwise did something to affect another person’s breathing. You do not necessarily need visible signs of injury. The consent point raised by the noble Lord is a huge legal point. I summarise it by saying that it effectively follows the decision of the House of Lords in R v Brown that you cannot consent to serious harm. To say any more would, I am afraid, exceed the time allowance.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed.
Royal Commission on the Criminal Justice System
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 4 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, the noble and learned Lord raises three issues. Child trust funds were set up under a Labour Government and, as the noble Lord, Lord Blunkett, pointed out to this House, no thought whatever was given to the impact of the legislation—the Mental Capacity Act—on people’s access to those funds, so we are sorting that out. Marriage law goes back to 1847. The Law Commission is looking at it, and we are sorting that out as well. A few weeks ago, I laid before the House regulations to enable people whose marriages had been delayed to get married outdoors this year. The criminal justice system is in the middle of a pandemic, and we are responding to that as well. The noble and learned Lord is, with respect, quite wrong to lump these three quite disparate matters together.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed. We now come to the second Oral Question.
Crown Dependencies: Contributions
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 4 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, the Crown dependencies have a long-standing relationship with the UK via the Crown, and the Government currently have no intention of reviewing their constitutional position. They are self-governing jurisdictions with democratically elected Governments. They are responsible for fiscal matters and set their own policies to support their economies, but they do so within international standards. It is in that context that they determine their own tax rates. They co-operate with us on taxation, fighting financial crime and countering terrorist finance, and they are committed to meeting international standards on tax transparency, illicit finance and anti-money laundering.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, all supplementary questions have been asked, and we now move to the fourth Oral Question.
Marriage and Religious Weddings
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 4 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, the premise behind the question of the noble Baroness is that the bars to effective relief are the same in Judaism and Islam, but that is not in fact the case. As I understand it, it is significantly easier for a woman to obtain a divorce in Islam than it is for a woman to facilitate or obtain a divorce in Orthodox Judaism. Therefore, the Act that the noble Baroness refers to—I believe it is Section 10A—would not have the same advantageous effect in Islamic marriages as it does in Orthodox Jewish marriages.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed.
Criminal Justice System: Equal Treatment of Deaths and Injuries
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 5 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, my noble friend raises an important point. I made a comment about cyclists earlier, and I will not ask the House to indulge me by saying it again. As far as e-scooters are concerned, one does not hear them coming; when they come down pavements at fairly quick speeds, they can be extremely dangerous. However, this is really a matter for the Department for Transport. I will pass it on and ensure that my noble friend receives a written response to that part of her question.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, all supplementary questions have been asked. We now move to the fourth Oral Question.
Child Trust Funds: People with a Learning Disability
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 5 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, I fear that I might be straying from my own ministerial brief if I were to say too much about that. It is important that we recognise that part of education generally is teaching young adults and schoolchildren about how finance and money work. Perhaps fewer people would fall victim to scams if a greater emphasis was placed in the education system on the importance of understanding fairly basic financial concepts.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, the time allowed for this Question has elapsed.
End-to-end Rape Review
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 5 months ago)
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The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)
My Lords, I turn first to the points raised by the noble and learned Lord, Lord Falconer of Thoroton. First, I should repeat the apology that the Lord Chancellor gave in the other place yesterday, setting out by reference the reasons why he gave it, given the time.
As the noble and learned Lord, Lord Falconer of Thoroton, said, it is not right to criticise the Government’s response to the rape review for lacking in ambition. On the contrary, we have set out clear ambitions for rape cases with the police and the CPS, and we have set out actions against which they, and we, can be held to account. We want to return the volume of trials for rape to pre-2016 levels, with corresponding expectations for police referrals and cases charged. We want to ensure that no victim is left without a phone—noble Lords will appreciate how important the data found on phones these days can be in these prosecutions—for more than 24 hours. We should not underestimate how difficult it can be for a victim to hand over her—it is invariably her—phone and to know that it will be looked at. We will also publish updates every six months, detailing our progress against our expectations, with scorecards monitoring progress against key metrics, including timeliness and victim engagement in each part of the system. That will enable us to provide information on a regional and local level, to see where things are working well and where there is room for improvement.
I turn to the other substantive point that the noble and learned Lord made, about Section 28 of the Youth Justice and Criminal Evidence Act, which enables people to have their cross-examination recorded in advance. The pilots of this provision have focused on complainants for sexual and modern slavery offences. We are extending them from three to six Crown Courts. I want to increase the availability of Section 28, but we need to do this properly. This is a radical departure from the normal court process, where evidence is given at the same time, in front of the jury. The pilots enable us to understand the impacts of this way of giving evidence—not only the impact on the evidence itself but the operational impacts on the courts, because they have to set out, and set up, a bespoke hearing for such evidence to be given.
Although we have some experience of this working for vulnerable victims, primarily children, victims who can be intimidated or are subject to distress, such as victims of rape and sexual violence, are in a different category. That is why we need to look at the pilots and see how it works in practice before we roll it out nationally, if that is what we do.
I turn to the points made by the noble Lord, Lord Thomas of Gresford. The reasons for complainants’ withdrawals are complex, regardless of whether the victim knows the perpetrator. I do not have specific data for withdrawal in stranger-rape cases, but what we do know is that in all cases, good-quality support is a key factor in maintaining victim engagement with the process. That is why we are funding more ISVAs, and we will consider putting that on a statutory basis. As for delay and prerecording cross-examination, I think I have dealt with that point already.
As I said earlier, we recognise that a lack of privacy can be a deterrent and that having your phone gone through can be a very distressing process. We want to ensure that the focus is on the alleged perpetrator and investigating them, rather than on investigating the alleged victim. That is why we do not want to see victims without their phones for long periods of time, and only information that is necessary for an investigation will be asked for. In addition to new guidance for police and information for the public, the Police, Crime, Sentencing and Courts Bill will clarify the power used to extract information from victims’ devices and will include privacy safeguards.
As to sentencing, I must disagree with the point made by the noble Lord. Rape is a very serious offence and merits a significant sentence. I take issue with his proposition that there have been excessive increases. On the contrary, I suggest that the sentences for rape, which ultimately are a matter for the judiciary, are entirely appropriate for the very serious nature of that crime.
However, I agree with the noble Lord’s point about the importance of education. A tackling violence against women and girls strategy is forthcoming. It will focus on prevention, recognising the importance of education for preventing violence against women and girls. If I may say so, from my own knowledge of what is being taught to my children in secondary school today, the education given to children today in areas such as consent and sexual relationships is far improved and much better than it was years ago. That is a very important part of the process, and I agree with the noble Lord that education is a key component in this debate.
On that note, I echo another point that the Lord Chancellor made yesterday in the other place: we will work across party lines when it comes to this issue. I therefore welcome the noble Lord’s concluding remarks, in which he indicated that he too would be prepared to work on that basis.
The Lord Speaker (Lord McFall of Alcluith)
We come to the 20 minutes for Back-Bench questions. I ask that questions and answers are brief, in order that I can call the maximum number of speakers.
Libel and Defamation Cases: Cost to Public Funds
Debate between Lord McFall of Alcluith and Lord Wolfson of Tredegar(3 years, 5 months ago)
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Lord Wolfson of Tredegar (Con)
My Lords, the short answer is yes. I would disagree with noble Lord in only one respect; that is, when he calls it alternative dispute resolution. We should not see these forms of dispute resolution as being alternative in the sense of being somewhat outré or unusual. They should be absolutely at the forefront of our civil justice system, and indeed, we are making changes throughout our civil justice system to make sure that only cases that really cannot be resolved outside of court end up in court.
The Lord Speaker (Lord McFall of Alcluith)
My Lords, all supplementary questions have been asked and we now come to two First Readings.