Oral Answers to Questions

Mike Freer Excerpts

Wednesday 7th June 2023 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

1. What discussions she has had with the Secretary of State for Justice on the treatment of people with neurodivergent conditions in the criminal justice system.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The Lord Chancellor is settling into his new role and has not yet had a chance to speak to the Secretary of State for Health and Social Care, but I can reassure the hon. Lady that, at director level, cross-departmental working groups have been working hard. As she will know from the Ministry of Justice action plan, which was updated in January this year, significant progress has been made on neurodiversity.

[Kerry McCarthy]

I thank the Minister for his response, and for telephoning me yesterday. As I said during that conversation, it is estimated that one in four prisoners have attention deficit hyperactivity disorder, and screening prisoners for that condition at an early stage—within a week of their entering prison, say—would not only help to prevent prison suicides, but aid rehabilitation and eventual resettlement. Will the Minister undertake to talk to his colleagues, particularly those on the Back Benches who have been working on this, about the need for such cases to be identified as early as possible?

[Mike Freer]

I can reassure the hon. Lady: I understand that prisoners are indeed screened in their first week, as are those on probation. However, there is more work to be done, and I am more than happy to arrange meetings with the hon. Lady and with any other colleague who wishes to pursue in more depth the work that we are doing in respect of both prisons and probation.

[Sir Robert Buckland (South Swindon) (Con)]

May I commend the work that the Government are doing in pursuance of the call for evidence on neurodiversity that I initiated when I was in office? I note that 80 neurodiversity support managers have been appointed, but what more can be done to ensure that all our prisons have neurodiversity officers who can train other staff as well as screening prisoners who come into the system for a range of neurodiverse conditions?

[Mike Freer]

I pay tribute to the work that my right hon. and learned Friend has done in this regard. I know that he took it very seriously and was passionate about this issue. In fact, we now have 100 neurodiversity support managers rather than 80: we have made significant progress, but there are still have 22 vacancies. We have more work to do on the screening, and we have more work to do to ensure that the data collection is both consistent and robust.

[John Nicolson (Ochil and South Perthshire) (SNP)]

2. What guidance her Department plans to provide to schools on supporting trans and non-binary children.

Oral Answers to Questions

Mike Freer Excerpts

Tuesday 10th January 2023 Commons Chamber

[Peter Aldous (Waveney) (Con)]

19. What recent progress he has made on tackling the backlog of court cases.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

In the Crown court, the outstanding caseload has reduced from 60,400 in June 2021 to about 57,300 cases at the end of March 2022. However, the caseload has increased again, primarily due to the Criminal Bar Association action, which has now stabilised. We are taking action across the criminal justice system to bring down backlogs and improve waiting times for those who use our courts. That includes such things as increasing our judicial capacity and investing a significant amount of money across the criminal justice system.

[James Sunderland]

Could the Minister outline how he intends to reduce backlogs in the family court, in order to minimise the impact on families and children both in Bracknell and beyond?

[Mike Freer]

The issue of family courts is particularly pressing because of the impact on families and children. That is why we are investing a significant amount of funding by increasing the number of fee-paid judges, sitting days and judges who are able to sit, and we continue to invest significant sums in family mediation vouchers, to keep families and children out of the court system.

[Peter Aldous]

The backlog in court cases is causing enormous personal distress and anguish. My constituent originally in 2018 reported an historical rape. The trial has now been postponed four times and is currently scheduled for this June. I shall write to my hon. Friend providing full details of the situation, but can he leave no stone unturned in eliminating the backlog very quickly, as in such historical cases, justice delayed really can mean justice denied?

[Mike Freer]

My hon. Friend raises a very important point. While I cannot talk about a specific case, the allocation and listing of cases is a judicial responsibility, and I can reassure him that the judiciary continue to work to prioritise cases involving custody time limits, as well as those involving vulnerable complainants and witnesses, domestic abuse and serious sex cases. The judiciary are incredibly sensitive to the need to ensure that the most vulnerable complainants and victims get their day in court as fast as possible.

[Andy Slaughter (Hammersmith) (Lab)]

The civil legal aid review finally announced last week is an admission that cuts brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have left the civil courts, which the Minister did not even mention, in a dysfunctional state, with a third of providers out of business and longer and longer delays in proceedings. The timetable for the review takes its implementation beyond the general election, which is another abdication of responsibility for the chaos in the courts that this Government have caused. Should they not bring forward either the review or the general election?

[Mike Freer]

I thank the hon. Gentleman for his comments. Reform of all parts of the justice system is a priority, but within the spending envelope that we are operating in, we have to spend the money where we can get the best return for our investment. If he has some serious options for how we could spend the money better, I am all ears.

[Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

Like the hon. Member for Waveney (Peter Aldous), I have seen extraordinary situations with cases of serious sexual assault where the court case has been listed three years after the attack, in one case, with the victim saying, “I just want to give up and get on with my life.” This is a real challenge. Will the Minister outline what he is doing to get more judges in place, which is one of the brakes on this? When the Public Accounts Committee looked at this, we concluded on the evidence that, even with the interventions he has outlined, the Ministry will only be back on target from where it was with the backlog before covid by about 2024-25.

[Mike Freer]

The hon. Lady raises an important point. There are a variety of reasons why cases can be delayed. It is not just about the availability of the judiciary; sometimes it is the availability of defence and prosecution. There is a particular focus on trying to improve the number of cases that do not come forward because they are incomplete and not ready, and there is a massive campaign to improve the number of available sitting days and courts, but the most important thing is the massive recruitment of 1,000 judges for our criminal justice system.

[Mr Speaker]

I call Sir Julian Lewis.

[Sir Julian Lewis (New Forest East) (Con)]

Thank you, Mr Speaker; it is kind of colleagues to respond in that way.

Some months ago, the Government took the welcome decision to raise the retirement age for justices of the peace from 70 to 75. However, the question of reinstatement for those previously caught by the 70 age limit has been left, I believe, to local regions, rather than a wider cohort being allowed to go back on the bench, even if they are willing to travel. Can more flexibility be put into this system, so that people can be reinstated under those circumstances?

[Mike Freer]

It is my understanding that this issue is subject to the oversight of the Lord Chancellor and the Lord Chief Justice. I understand that it is very firmly on their radar and that they will use their discretion as appropriate.

[Valerie Vaz (Walsall South) (Lab)]

Has the Minister seen the Law Society’s five-point plan to get rid of the backlog, including investing in buildings and staff and properly funding legal aid? If he has not, will he sit down with the Law Society? These people are at the heart of our justice system.

[Mike Freer]

I have seen the plan and I have sat down with the Law Society. The Lord Chancellor and I continue to have fruitful discussions to address the particular issues that the Law Society has raised.

[Mr Speaker]

We now come to the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

It is always someone else’s fault. I have listened to the Minister trying to talk up progress, but both he and I know it is not good enough. I can understand the anxiety in Government over the failure to make any real impact—at the current rate of progress, the backlog will continue into the next Parliament, if not beyond. The Minister will agree that it is bad for victims, staff and defendants and, above all, is a failure of justice. What will he do to reassure our dedicated court staff that he will get the disastrous common platform IT system sorted out? Will he confirm how much extra taxpayers’ cash is being thrown at the system to get it right?

[Mike Freer]

I can reassure the hon. Gentleman that the common platform is not a disaster. In fact, I have taken a specific interest in ensuring the roll-out is appropriate and that users are actually engaged.

[Alex Cunningham]

Have you spoken to the staff?

[Mike Freer]

I have spoken to staff, who said that yes, there are teething problems—that has been admitted—but they are fully committed. They understand that the common platform is a good programme and will work. We are listening to the staff to make sure it works. [Interruption.] The hon. Gentleman shakes his head. If he wishes to revert to legacy systems that will collapse and make things even worse, he is welcome to make that argument.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

4. What steps he is taking to support victims in the criminal justice system.

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[Navendu Mishra (Stockport) (Lab)]

21. What recent estimate he has made of the size of the backlog of criminal court cases in Stockport constituency.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The outstanding case load in the Crown court in Newcastle upon Tyne was 1,598 at the end of June 2022. In Birmingham, the outstanding case load in the Crown court was 1,748 and in Manchester, the outstanding case loads in the Crown courts were 1,271 and 1,259 at the end of June 2022. As I have said in previous answers, we are taking action across the criminal justice system to bring down the backlogs and improve waiting times for those who use our courts.

[Kate Osborne]

The Minister says that it is not a disaster, but the courts backlog has undeniably been made worse by the common platform system that Crown Prosecution Service members have been taking strike action over. It is a £300-million-plus IT scandal that has been dubbed “Horizon mark 2”; workers at my local court say that it is driving them to despair and judges have said that the system is not fit for purpose. Can the Minister confirm what cost-benefit analysis was done before making such drastic changes? What is being done to tackle the fundamental flaws in the system?

[Mike Freer]

First, I do not accept the characterisation of the common platform system. The hon. Lady forgets to mention the number of legacy systems that were on the verge of collapse, and they needed to be replaced. The members of staff I have spoken to accept that, while all IT roll-outs have teething problems, it is a worthwhile programme and will deliver benefits. If the hon. Lady would like to have the full implementation and benefits laid out in the business case, I will share what I can. On the ability to address the specific issues raised by members of staff, the programme team do on a regular basis engage with staff, and log all the issues and suggestions made by members of staff so that they can be resolved quickly.

[Mr Speaker]

I call the Chair of the Justice Committee.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Every Crown court centre in the country is affected by backlogs, which are rising to crisis proportions once more. The Government rightly resolved the issue of the availability of defence counsel by increasing defence fees, but now the issue is the continued and repeated unavailability of prosecution counsel. Since our system requires equality of arms—barristers of equal seniority and ability to prosecute and defend—is it not important that the Secretary of State and his junior Minister support the Attorney General in getting increased funding from the Treasury for equivalent prosecution fees so that we have a joined-up system?

[Mike Freer]

My hon. Friend raises an incredibly important point, and I share his concern about ensuring that all elements of the criminal justice system, whether solicitors or barristers, are paid and rewarded appropriately for their efforts. There is a continuing debate about how we can invest in the whole criminal justice system so that it runs smoothly for all those involved, but especially for victims. I am very happy to discuss the details with my hon. Friend next week, I think, in the Justice Committee.

[Afzal Khan (Manchester, Gorton) (Lab)]

While the Lord Chancellor is busy scrapping the Human Rights Act 1998, the criminal justice system is on its knees. The numbers of duty solicitors and criminal legal aid firms continue to fall at an alarming rate, yet the Government refuse to follow the recommendations of their own review of criminal legal aid, which has only worsened the courts backlog. What steps are being taken by the Government to improve staff recruitment and retention to ensure justice for victims and help reduce the courts backlog?

[Mike Freer]

I am very happy that the hon. Gentleman and I are meeting later today, when we can have a more detailed conversation, but the Bellamy report, which he alluded to, has been implemented. There are some elements we still want to work on to avoid any perverse incentives, but the investment this Government have made in the criminal justice system of £138 million will in our view bring the stability that he seeks.

[Rob Butler (Aylesbury) (Con)]

10. What steps his Department is taking to help offenders (a) desist and (b) find employment. [R]

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[Kate Osamor (Edmonton) (Lab/Co-op)]

11. If he will make an assessment of the reasons for racial disparities in the level of convictions for joint enterprise.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The Government recognise that convictions based on joint enterprise appear to affect ethnic minority groups disproportionately. However, the Crown Prosecution Service can only apply the law when making charging decisions and plays no part in the decision making on individual joint enterprise cases. Data is collected on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether the crime was part of a joint enterprise. However, we are considering whether such data could be collected as part of the common platform programme.

[Kate Osamor]

I thank the Minister for his response but research by the Centre for Crime and Justice Studies suggests that the doctrine of joint enterprise is routinely applied in a racist way leading to many miscarriages of justice. Assessing why it disproportionately targets ethnic minority communities, especially young black men, is only the first step; what is needed is urgent action. Will the Minister tell us what he is doing to right historical wrongs and prevent future miscarriages of justice due to joint enterprise?

[Mike Freer]

What I can do is confirm that the Government have of course implemented many of the recommendations of the Lammy review. I understand how passionately the hon. Member feels about this, so I would like to sit down with her and go through some of the specific issues she wants discussed in more depth, rather than talk across the Dispatch Box; I think that would be more fruitful and practical and I hope the hon. Member will accept my invitation.

[Maggie Throup (Erewash) (Con)]

12. What discussions he has had with Cabinet colleagues on reducing waiting times for cases in immigration courts.

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[Tim Loughton (East Worthing and Shoreham) (Con)]

In February, it will be four years since my private Member’s Bill became the Civil Partnerships, Marriages and Deaths (Registration Etc) Act 2019, obliging the Government to introduce regulations giving coroners powers to investigate stillbirths. During Justice questions on 18 October, I asked the Minister why nothing had happened, and asked for a meeting to make progress on the issue. Three months on, still nothing has happened. Why not?

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

My hon. Friend is right—he has raised this matter before—and I shall be happy to sit down with him and find out what the logjam is so that we can move this forward for him.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

It is simply unacceptable that drug dealers are able to continue to peddle their trade so easily behind bars. Last year, there were 17,700 cases of drugs being found in prisons, an increase of well over 411% since the Conservatives came to power in 2010. Who exactly does the Secretary of State blame for this failure in law and order?

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[John Cryer (Leyton and Wanstead) (Lab)]

In answer to Question 11, asked by my hon. Friend the Member for Edmonton (Kate Osamor), what the Minister seemed to say was that he was willing to assess the racial disparities in joint enterprise prosecutions once the data was available, which it is not at present but which it will be in the near future. Am I right to draw that conclusion?

[Mike Freer]

What I said was that the issue was complex, and that I would be happy to sit down with the hon. Member for Edmonton to go through the exact details and the exact concerns, rather than addressing such a sensitive issue across the Dispatch Box, so that we could have a meaningful discussion and see whether we could find a way forward to resolve the underlying issues.

[Alison McGovern (Wirral South) (Lab)]

Five years ago, the Right Rev. James Jones reported on the experience of the Hillsborough families. My constituents and I are waiting for the Government to introduce a Hillsborough law that will change the way in which justice is delivered in this country. When will that happen? We are sick of waiting.

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[Rachael Maskell (York Central) (Lab/Co-op)]

Speed is compromising scrutiny in the magistrates court when it comes to the issuing of warrants to fit prepayment meters. In one court, 496 cases were signed off in just 3 minutes and 51 seconds, including cases involving children, disabled people and people experiencing fuel poverty. What steps will the Minister take to ensure that magistrates scrutinise every single application?

[Mike Freer]

I appreciate that this is a sensitive issue for families and people who can be very vulnerable. Obviously the judiciary is independent, but I will raise those concerns with the judiciary to see if I can find out the details, and stress the importance of getting it right and not rushing justice.

[Andy Slaughter (Hammersmith) (Lab)]

What advantages does the Secretary of State see in convening a special international tribunal to try offences committed in Russia’s war on Ukraine, including the crime of aggression?

Oral Answers to Questions

Mike Freer Excerpts

Wednesday 13th July 2022 Commons Chamber

[Amanda Solloway]

We want to ensure that everyone is protected from the extensive harm that conversion practices cause. It is not unreasonable to take some extra time to avoid an unintended consequence and to build a consensus, so that, together, we can make our legislation as inclusive as possible.

[Mike Freer (Finchley and Golders Green) (Con)]

I welcome my hon. Friend to her place. Will she reassure the House that the discussions and legislation on banning conversion practices will include protecting everybody from these harmful practices?

[Amanda Solloway]

I acknowledge all the work that my hon. Friend has done on this subject. I absolutely agree that the legislation to ban conversion practices is fundamentally about protecting LGBT people from harm. The experience of victims needs to continue to be at the heart of all considerations, as I know they were when my hon. Friend was the Minister.

Oral Answers to Questions

Mike Freer Excerpts

Wednesday 30th March 2022 Commons Chamber

[Andrew Gwynne (Denton and Reddish) (Lab)]

4. What the Government’s timetable is for publishing a Bill on banning conversion therapy.

[The Minister for Equalities (Mike Freer)]

With your permission, Mr Speaker, I would like to begin by acknowledging the enormously personal statement that my hon. Friend the Member for Bridgend (Dr Wallis) made this morning. I hope I speak for the whole House in sending our support. It is so important that people are free to be safe to be themselves, whoever they are and whoever they love.

We remain wholly committed to bringing forward proposals to ban conversion therapy practices. We recently concluded a consultation period on the proposals being analysed, based on which we will be developing legislation to be brought forward later this spring.

[Kate Osborne]

My best wishes also go to the hon. Member for Bridgend (Dr Wallis). The Minister will be aware that the Cabinet Office recently tendered a contract for the provision of a conversion therapy victim support service. Does he agree that including a consent loophole in the Government’s proposals to ban conversion therapy will allow some of its worst practitioners off the hook, inevitably creating more victims who will need support?

[Mike Freer]

No, we do not agree. We believe that, in a free and open society, consenting adults—provided that there is appropriate advice and information so that people understand exactly what they are doing—should be able to take informed decisions for themselves.

[Andrew Gwynne]

May I echo the words of the Minister in respect of the hon. Member for Bridgend (Dr Wallis)? As the Minister rightly said, it has now been two months since the consultation on banning conversion therapy closed and almost three years since the Government made the pledge to ban this insidious practice. Why is it taking so long?

[Mike Freer]

Actually, I secured the first Westminster Hall debate on the subject in 2015. I have to tell the hon. Gentleman that, if it were easy, Governments would have done it before. We have taken time to analyse the results, and we have had a significant response. It is important that we get this right; that is why we are analysing the significant response and bringing forward the legislation later this spring.

[Mr Speaker]

I call the Chair of the Women and Equalities Committee.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I would also like to pay tribute to my hon. Friend the Member for Bridgend (Dr Wallis) for his incredible bravery. Can the Minister reassure me, and indeed the whole House, that legislation on conversion therapy will be introduced to this place prior to the conference that is scheduled to be hosted by the Government in the summer? Will he let us know how preparations for the conference are going?

[Mike Freer]

I can give my right hon. Friend the commitment that the Government remain committed to bringing forward the legislation. It is a matter for business managers when the exact parliamentary slot will be, but a Bill team has been stood up and we are progressing at pace.

[Danny Kruger (Devizes) (Con)]

I very much understand the intentions behind the proposed Bill, but can my hon. Friend tell the House what evidence has come to light of unacceptable conversion therapy practices in the UK, by which I mean practices that are not already illegal, but that the Government think should be banned?

[Mike Freer]

My hon. Friend raises a very fair point. Both the national LGBT survey of over 100,000 LGBT people and the in-depth Coventry report demonstrated that violent and harmful talking conversion practices continue to take place. That is why we need to act.

[Mr Speaker]

We now come to the SNP spokesperson.

[Kirsten Oswald (East Renfrewshire) (SNP)]

I would like to add my best wishes to the hon. Member for Bridgend (Dr Wallis). The Scottish Government are clear about the need to act to end conversion practices in Scotland. They have established an expert advisory group to inform their approach to banning this abhorrent practice. The group will include people with personal experience of conversion practice, representatives from LGBTI organisations, faith communities, mental health professionals and academics; it will meet for the first time tomorrow and complete its work by the summer, reflecting the Scottish Government’s recognition of the urgency of the issue. Given that the UK Government’s consultation on their proposed ban ended on 4 February, can the Minister confirm that the UK Government’s approach will be taken forward on a similarly inclusive and urgent basis?

[Mike Freer]

I can certainly confirm that we are taking it forward on an urgent basis. Since I took up the role with responsibility for LGBT+ issues, I have engaged with a wide variety of stakeholders, including those who have been victims of conversion therapy. I have engaged with all the stakeholders, listed by the hon. Lady, from whom the Scottish Government took evidence, from an England and Wales point of view.

[Tom Randall (Gedling) (Con)]

2. What steps the Government are taking to help ensure equality and freedom from discrimination for people with Down Syndrome.

Oral Answers to Questions

Mike Freer Excerpts

Wednesday 23rd February 2022 Commons Chamber

[Kate Osborne (Jarrow) (Lab)]

2. If she will take steps with Cabinet colleagues to de-medicalise the process of obtaining a gender recognition certificate. [R]

[The Minister for Equalities (Mike Freer)]

The Government are clear that we want transgender people to be able to live their lives as they wish. The previous Government consulted on the Gender Recognition Act 2004. Having listened to the full range of views expressed, we concluded that the balance currently struck in the legislation is correct. We therefore do not intend to change the requirements of the Act.

[Kate Osborne]

On Monday, the Minister for Equalities, the hon. Member for Finchley and Golders Green (Mike Freer) said the Government would remove the rule whereby a trans person’s spouse has to consent to their gaining a gender recognition certificate. Yesterday, that had changed to helping to avoid spousal consent issues. Can the Minister categorically confirm today that the Government will remove that veto power altogether?

[Mike Freer]

Yes, I did use the shorthand of spousal veto, which I know lawyers say does not exist. The no-fault divorce legislation about to be enacted will remove that effect that people are being asked to have removed. That is the advice I have received. If the hon. Lady says that the advice is wrong I will double-check it, but the advice I have received is that the new Act will remove that obstacle to divorce.

[David Johnston (Wantage) (Con)]

3. What steps the Government are taking to improve social mobility.

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[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

T3. We know that hate crime is often intersectional, especially in diverse constituencies such as mine. Many victims have more than one identity: they may be black, and they may also be LGBT women. However, the current legislation does not allow multiple characteristics to be recorded, so often the data lacks accuracy and depth. Will Ministers please work with us to address this, so that we can build a real picture of the people who are being targeted by hate crime?

[The Minister for Equalities (Mike Freer)]

The hon. Lady raises a very interesting and important point. My right hon. Friend the Minister for Women and Equalities and I will work on this, and see what more we can do to address that specific issue.

[Dame Andrea Leadsom (South Northamptonshire) (Con)]

T7. Shared parental leave was a brilliant idea, introduced by a Conservative Government, but there is one type of new parent who receives almost no support: the kinship carer of a baby. What can my hon. Friend do to ensure equality for all types of parenting?

Oral Answers to Questions

Mike Freer Excerpts

Wednesday 12th January 2022 Commons Chamber

[The Minister for Equalities (Mike Freer)]

The Government’s proposals will protect freedom of speech. The proposals will not affect a parent’s right to express their views and raise their children with their values. Parents, clinicians and teachers will, of course, continue to be able to have open and challenging conversations with young people or others about their sexual orientation or whether they are transgender or not.

[Mark Jenkinson]

I am grateful to my hon. Friend for that answer. There have been instances of parents being reported to social services for not simply affirming their child’s new trans identity. Will my hon. Friend assure parents that their right to not simply affirm their child’s new identity will be protected in the face of the ideological capture of some of our public services?

[Mike Freer]

Parents and carers will, of course, have the right to express their views on how a child identifies.

[Rob Butler (Aylesbury) (Con)]

T1. If she will make a statement on her departmental responsibilities.