Parole Board Recommendations: Open Conditions

Lord Watts Excerpts

Thursday 25th May 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, the Secretary of State, when introducing these new rules in January 2022, prioritised the precautionary principle and the protection of the public. Despite enormous pressure on the closed estate, he took the view—in my view rightly—that public protection was more important than the short-term expedient of transferring prisoners who are not suitable for open conditions to open conditions simply to reduce pressures on the closed estate.

[Lord Watts (Lab)]

My Lords, is it not the case that the Government’s policy is being driven by dogma again? They are not looking at the evidence. Reoffending rates are still far too high, jails are full and yet Ministers are claiming that they are going to have longer and tougher sentences. Do the Government not need to revisit this and come up with a coherent plan to deal with the matter?

[Lord Bellamy (Con)]

My Lords, as I have said on previous occasions, reoffending rates are slowly coming down, and I take this opportunity to pay tribute to the previous Secretary of State for his work on improved education in prison, employment opportunities, accommodation on release and other reforms which I am sure will bear good fruit in due time.

Nuptial Agreements

Lord Watts Excerpts

Tuesday 25th April 2023 Lords Chamber

[Lord Watts (Lab)]

My Lords, this is a sensible move. It would make sense to introduce this legislation now, provided that it does not affect the overall review that is taking place. Why does the Minister not just act on this one piece of legislation now?

[Lord Bellamy (Con)]

My Lords, it is hard for me to add to my previous answer. The Government feel that we must look at the whole landscape and get the law on financial provision sorted out, and that gives us the context in which we can decide what to do about prenups.

Divorce: Financial Provision

Lord Watts Excerpts

Wednesday 8th March 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, these matters will be considered fully in a forthcoming review, hopefully by the Law Commission. That commission is completing important work on surrogacy at this moment. Subject to final agreement, I hope to make a further announcement very soon indeed.

[Lord Watts (Lab)]

My Lords, there are models around the world that the Government could adopt. Why do they not look to those models and introduce them now?

[Lord Bellamy (Con)]

The Government think that the Law Commission is best placed to investigate all these matters, establish what the existing law and practice is and where the problems lie, and make comparative studies of various other jurisdictions, including Australia and elsewhere, as has already been mentioned.

Prison Capacity

Lord Watts Excerpts

Tuesday 6th December 2022 Lords Chamber

[Lord Bellamy (Con)]

I accept my noble friend’s points about family relationships and their importance. They should be borne in mind in the rehabilitation programme and in post-release care.

[Lord Watts (Lab)]

My Lords—

[Lord Dholakia (LD)]

Community service orders are far more effective than short-term sentences. As a large number of cases go through magistrates’ courts, are we making effective use of such sentences? If not, why not?

--- Later in debate ---

[Lord Bellamy (Con)]

On a point of detail, the Government do not send anyone to prison. These are court decisions.

[Lord Watts (Lab)]

I apologise for my earlier intervention. The Prison Officers’ Association tells us that there is some space in our prisons: even after the need to do more repair and maintenance, there is still capacity there. But the association says it cannot use that capacity because of recruitment and retention problems. What are the Minister and the Government going to do to staff up our prisons so that they can use the space that they have?

[Lord Bellamy (Con)]

We are working hard on a recruitment programme for prison officers. I do not have the exact figures in front of me, but I think we have recruited an additional 5,000 or so in recent times. I will give the noble Lord the exact figure as soon as I can obtain it.

European Convention on Human Rights

Lord Watts Excerpts

Monday 18th July 2022 Lords Chamber

[Lord Bellamy (Con)]

Yes, I accept that.

[Lord Watts (Lab)]

What do the Government mean by “mechanisms”? It seems to add something to the Minister’s answer that he is not categorically ruling out changes. What are those mechanisms?

[Lord Bellamy (Con)]

The provisions in the Bill are designed, in the words of Clause 1(2), to clarify and rebalance. The relevant mechanisms are to make clear the respective roles of the UK judiciary and the Strasbourg court, of the judiciary and Parliament, and of rights on the one hand and responsibilities on the other. Those are the mechanisms which I hope we will debate in detail in due course.

Social Welfare Law Cases: Legal Aid

Lord Watts Excerpts

Tuesday 1st February 2022 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, with respect, you need a test to ensure that what you are doing is the most useful thing you can do. For example, we are looking at putting legal advice centres in hospitals, because we know that people who have legal problems often have other social welfare problems as well. It is often the case that you cannot resolve all your problems through the law; you need a holistic approach. I think we need some hard evidence, and the pilot will be very useful in this area.

[Lord Watts (Lab)]

My Lords, is it not the case that the Government’s review and the pilot schemes demonstrate that the Government got it very badly wrong when they cut millions of pounds from this area? Would it not be better to restore those cuts and then do a proper review and make sure that, this time, it covers people and gives them some rights?

[Lord Wolfson of Tredegar (Con)]

My Lords, I made a commitment to myself today not to mention the words “Grayling” or “Gray”. What I would say is that, in this area, there is no going back to the pre-LASPO position. What we want to do in other areas of law where LASPO gave people legal aid is to divert them from the courts altogether. For example, in private family cases we have a mediation voucher scheme. We do not want people in court arguing about private family cases; we want them to resolve their problems outside court through mediation.

Crown Dependencies

Lord Watts Excerpts

Tuesday 12th July 2016 Lords Chamber

[Lord Faulks]

The noble Lord has had a continued interest in the Crown dependencies: as chair of the Justice Select Committee, he wrote an influential report and a subsequent report in 2014, in which he applauded the response of the UK Government to the challenges that the Crown dependencies threw up. As the Prime Minister said, we are most concerned to ensure that the Crown dependencies’ interests are reflected in any negotiation. We are also anxious to encourage letters of entrustment where appropriate, to ensure that those interests are recognised in all treaties. There was a 2007-08 agreement which paved the way for such arrangements.

[Lord Watts (Lab)]

What would the effect of our leaving the European Union be on Gibraltar’s borders?

Shrewsbury 24 (Release of Papers)

Lord Watts Excerpts

Thursday 23rd January 2014 Commons Chamber

[Mr Dave Watts (St Helens North) (Lab)]

Will the hon. Gentleman give way?

[Sir Gerald Howarth]

No, I am not going to give way at the moment. It is very important that people should understand the conditions that applied at the time. People who were going about their ordinary activities were subjected to intimidation. I became the hon. Member for Cannock and Burntwood in 1983 and I saw constituents of mine who were trying to go to work in Littleton colliery having bags of urine thrown at them by striking miners from south Wales.

Voting Eligibility (Prisoners)

Lord Watts Excerpts

Thursday 22nd November 2012 Commons Chamber

[Chris Grayling]

I know that my hon. Friend has strong views on these matters. What I would say as Lord Chancellor is that it is important always to remember that judges, whoever they are and in whichever court they are, be it the European Court or a national court, have the right to reach the decisions they reach. We may violently disagree with those decisions, but they have the right to reach them, and it would be a sad day when they no longer had that right. Our job and duty as legislators—the job of national Parliaments such as this—is to exercise sovereignty when we wish to do so. If we do not like the decisions that judges take, we always have at our disposal the ability to change the law. My statement today indicates to Parliament that the legal precedents before it are very clear: it has the right to disagree with the decisions reached in the Court in Strasbourg, but it would be for Parliament to decide whether it wishes to exercise that sovereignty.

[Mr Dave Watts (St Helens North) (Lab)]

Do the Government want to pass this decision to Parliament without providing it with the legal advice or any estimate of the potential compensation claims that might be met if we do not comply?

[Chris Grayling]

Absolutely not; I intend to be as helpful as possible to Parliament. Indeed, my right hon. and learned Friend the Attorney-General has already been extensive in his evidence-giving to Parliament about the legal position. There is no secret and nothing to hide; we want Parliament to have access to all the sensible advice. I am certain that my right hon. and learned Friend will be willing to give evidence before the Joint Committee.

Oral Answers to Questions

Lord Watts Excerpts

Tuesday 13th March 2012 Commons Chamber

[Mr Djanogly]

We simply are not doing what the right hon. Gentleman suggests. Social welfare law will still receive £50 million in legal aid and we are redirecting the money we spend on legal aid towards helping the most vulnerable. When it comes to advice on benefits, people do not currently receive legal aid for representation. Before people go to appeal they will still be able to receive advice for many such cases from a general advice practitioner such as their local CAB.

[Mr Dave Watts (St Helens North) (Lab)]

8. What discussions he has had with the Lord Chief Justice on the potential effect of his planned changes to legal aid on the number of litigants in person.

[Heidi Alexander (Lewisham East) (Lab)]

10. What discussions he has had with the Lord Chief Justice on the potential effect of his planned changes to legal aid on the number of litigants in person.

[Mr Watts]

I thank the Secretary of State for his answer, but does he agree with the Lord Chief Justice that the Government’s Legal Aid, Sentencing and Punishment of Offenders Bill will have a negative effect on the justice system—yes or no?

[Mr Clarke]

Well, we have just discovered that the Labour party’s policy is to make substantial cuts in criminal legal aid. If the Government had made that proposal, that would no doubt have led to amazing attacks on our disregard for the principle that a person is innocent until proven guilty and to comments about the high risk of injustice in criminal trials. On the savings we are making in the cases to which the hon. Gentleman refers, the fact is that courts already deal with litigants in person. Any judge or tribunal knows that they have to pay particular attention to make sure that people are not disadvantaged by not having legal representation, but as the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly), has just explained, we have tried to identify cases in which the informality of the tribunals means that applicants should not be at any particular disadvantage if they do not have a lawyer there in any event.