Oral Answers to Questions

Debate between Paul Maynard and Richard Burgon

Tuesday 9th July 2019 Commons Chamber

[Paul Maynard]

I certainly hear what my hon. Friend says. Our thoughts will always be with those who have lost loved ones in any terror attack. Our review of legal aid shows that bereaved families do not need specific legal representation at the vast majority of inquests. It is important to ensure that these inquests remain inquisitorial, but what is known as equality of arms has to be a key consideration, as we know from Dame Elish Angiolini’s report. I am therefore working closely with my officials to look at what more can be done to help those families who are in an inquest situation.

[Richard Burgon (Leeds East) (Lab)]

This month marks 70 years since the post-war Labour Government introduced the Legal Aid and Advice Act 1949. Tory cuts have decimated access in recent years, and those cuts alone mean 90,000 families denied legal aid for benefits challenges—a move that the United Nations criticised—and 50,000 families denied housing legal aid, letting rogue landlords off the hook, as well as tens of thousands left facing the hostile environment without legal support. Labour has committed to restoring legal aid for all family law, for housing, for benefits appeals, for judicial review preparation, for inquests and for real action on immigration cases. Will the Minister mark the 70th anniversary of legal aid by committing to return any of those?

[Paul Maynard]

As we survey the decaying embers of a dying regime reaching its inevitable conclusion, it is good to see the shadow Secretary of State showing that he is waving and not drowning, as he desperately tries to draw attention to the fact he is full of vim and vigour. As he will know, we are currently reviewing legal aid thresholds and exceptional case funding. We are bringing special guardianship orders back within the scope of legal aid, and we are looking at legal support action plans.

I am unclear, the more I listen to Labour Front Benchers, about why they assume that the only way to provide legal support is to fund it through legal aid. We will shortly have a question on law centres and, for me, there have to be a number of ways to provide legal support. [Interruption.] “And for us,” I hear the hon. Gentleman say from a sedentary position, and I am pleased to hear that.

Serco Justice System

Debate between Paul Maynard and Richard Burgon

Thursday 4th July 2019 Commons Chamber

[Richard Burgon (Leeds East) (Lab)]

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on the role of Serco in our justice system following the decision of the Serious Fraud Office.

[The Parliamentary Under-Secretary of State for Justice (Paul Maynard)]

Thank you for granting this urgent question, Mr Speaker.

We very much welcome the fact that, subject to court approval today, the Serious Fraud Office has reached a conclusion in its investigations of Serco. These historical contracts ended in 2014 and were awarded as long ago as 2004. The agreement allows the parties to draw a line under the matter. Following the successful conclusion of this process, we see no reason why Serco should not continue to be a strategic supplier to Government and to compete for Government contracts.

We conducted an investigation of the matters raised in the agreement announced yesterday, and we are content that matters were resolved in 2013-14, when Serco reached a financial settlement of £68.5 million with the Ministry of Justice and undertook an extensive self-cleaning exercise.

Although we deplore the wrongdoing identified in the deferred prosecution agreement announced yesterday, we have confirmed that, since 2013, Serco has thoroughly overhauled its management, governance and culture and that these changes continue to be effective today. Serco is, and will continue to be, a strategic supplier to Her Majesty’s Government, working across the defence, justice, immigration, transport and health sectors.

[Richard Burgon]

Thank you, Mr Speaker, for granting this urgent question.

In 2013, evidence came to light suggesting that Serco may have been fraudulently charging the Government on its offender tagging contract, including for monitoring people who are dead. Serco had to pay back tens of millions of pounds to the Government and lost the tagging contract. A subsequent Serious Fraud Office investigation has seen Serco fined £19 million for fraud and false accounting linked to those prisoner tagging contracts. Does the Minister agree that this is just the latest scandal to hit our justice system involving the private sector in recent months? The private probation contracts were terminated early, HMP Birmingham private prison was returned to the public sector and new research shows disproportionate violence in private prisons. We have also seen the collapse of Carillion, meaning that prison maintenance works were brought back in house. Each time we are told it is an isolated case, so will the Minister finally admit that in reality it is a systemic failure?

Serco has £3.5 billion of current contracts with the Ministry of Justice. Given the findings of the Serious Fraud Office, will the Minister commit to a special audit of all existing Serco justice contracts? Those contracts include running prisons. The Government are currently receiving bids for a new generation of private prisons, so can the Minister assure me that Serco will not be allowed to run these new private prisons?

Finally, there is a current Justice Minister, not here today, who once worked for Serco as its chief spin doctor. Will this Minister guarantee that that Justice Minister has had no involvement in overseeing any current Serco contracts and will have no role in handing over any future lucrative contracts to his former employer?

[Paul Maynard]

The hon. Gentleman behaves as though this is somehow a new piece of information that has come to light. In fact, this is a very old piece of news, dating back to 2013-14, that has a very long tail. The SFO has conducted a very complex investigation into the fraudulent aspects of this behaviour, but in 2013-14 there was a vigorous effort on the part of the Government to investigate what Serco was doing and how it was managing these contracts that led to significant cultural change.

I am afraid that all we have heard today is a predictable ideological tirade of hostility towards the role that the private sector plays within our justice system, and it simply does not stand up to scrutiny. The hon. Gentleman raises the spectre of Carillion once again. Carillion was a very different affair; it cannot be compared at all with what is going on with Serco.

The hon. Gentleman also makes a point about the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), who has no Serco contracts within his ministerial responsibility—that is a complete red herring. The Ministry has already begun an audit into the contract for prisoner escort and custody services that Serco currently holds. We took action back in 2013-14, and this has transformed not just how the Ministry of Justice conducts its private sector contracts, but Government as a whole. We are confident that the ongoing work will ensure that we continue to deliver high-quality services at the best value for the taxpayer.

Oral Answers to Questions

Debate between Paul Maynard and Richard Burgon

Tuesday 4th June 2019 Commons Chamber

[Paul Maynard]

My hon. Friend alights on the pertinent point that not all legal support needs to come in the form of legal aid at the point at which a case reaches a court. Legal support can take many forms and shapes. Indeed, it might consist of a very early conversation to inform someone that their case has no merit and is best dealt with through mediation or some other means in the community.

[Richard Burgon (Leeds East) (Lab)]

Two years ago, Taylor Alice Williams died while she was supposed to be under the care of the state in a secure children’s home. Her bereaved mother, who is unable to work due to a disability, was recently told she would have to contribute thousands of pounds for legal representation at the inquest into her daughter’s death. Families should not be forced to mount press campaigns to get the legal aid they deserve.

There are too many families in this desperate situation. The Government’s own review estimates that 500 families a year lose a loved one in custody or state detention, leading to an inquest. Does the Secretary of State regret his recent decision to refuse those families legal aid, and will he revise the decision?

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Paul Maynard)]

I am grateful for that question, and I am genuinely sympathetic towards those in such situations. Family breakdown always takes a toll on those involved, whether parents or children, but the child’s welfare is paramount in court decisions about their upbringing. The law remains gender-neutral and presumes that a parent’s involvement in a child’s life is beneficial unless there is evidence to the contrary.

[Richard Burgon (Leeds East) (Lab)]

I recently met Donna Mooney, the sister of Tommy Nicol, who sadly took his own life in prison while serving an imprisonment for public protection sentence. I am sure that the Secretary of State will also want to meet her soon. It is a cause of regret that IPPs were ever introduced; their Labour author now acknowledges that. They were not reserved for the most serious of offences, too often effectively becoming a life sentence for those who had committed minor crimes. Does the Secretary of State agree that much more needs to be done to provide opportunities for people who are now way over their short IPP tariffs to prove that they no longer pose a risk to the public?