Rachael Maskell debates involving the Ministry of Justice during the 2017-2019 Parliament

Domestic Abuse Bill

Rachael Maskell Excerpts
Wednesday 2nd October 2019

(6 years, 4 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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I am very interested in the hon. Gentleman’s contribution, because he makes an important point about the way tendering is administered. I certainly want to make sure that the probation reforms unlock the genius of the small organisations that can really make a difference, but there is a read-across to the way in which we provide victim services. I am taking a keen interest in the commissioning of those services. Police and crime commissioners clearly have a role, but I want fully to understand and work out the miasma that faces small organisations making those bids, so I take his point very much on board.

Robert Buckland Portrait Robert Buckland
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The hon. Member for York Central (Rachael Maskell) has been very persistent, so I shall give way to her.

Rachael Maskell Portrait Rachael Maskell
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Services such as Survive in York, which provides trauma support to victims of domestic violence, are seriously under-resourced. It is crucial that the Bill gets trauma support services right, particularly mental health and psychological support services. How will the Lord Chancellor ensure that these services are properly funded as well as provided?

Robert Buckland Portrait Robert Buckland
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The hon. Lady draws together all the issues in her local community. The various agencies, including police and crime commissioners, have a part to play. I want to ensure that the Domestic Abuse Commissioner helps to provide a focus on where the gaps are and where things are going wrong, but my hope is that this overarching legislation can provide a framework within which we can get the greater consistency that the hon. Lady and I rightly want.

No one should have to face violence or abuse from their partner or any other family member. Millions are experiencing it, and we owe it to each and every one of those affected to do all we can to protect and to support them, to put an end to domestic abuse, and to bring offenders to justice. It might be 25 years since the case I mentioned at the start of my speech, but the fact that it lives with me—a mere observer—means that the experience is magnified 100-fold for those who have experienced the physical and emotional consequences of domestic abuse. We owe it to all those millions of people who suffer in silence to do something about it, and to do it now.

Oral Answers to Questions

Rachael Maskell Excerpts
Tuesday 4th June 2019

(6 years, 8 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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I am grateful to my hon. Friend, and I am more than happy to visit Her Majesty’s Prison Leyhill not just to look at that specific issue but to see the conditions in that category B prison for myself.

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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In addition to reviewing the Sexual Offences Act 2003, as raised by the hon. Member for Gloucester (Richard Graham), will the Minister look at families who host international students and who are put in a position of trust over young people?

Paul Maynard Portrait Paul Maynard
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The hon. Lady raises a good example of a position of trust, which is the sort of thing I want to look at. If she wishes to write to me with further details, I will make sure we include it in the review we are conducting.

Prisons and Probation

Rachael Maskell Excerpts
Tuesday 14th May 2019

(6 years, 9 months ago)

Commons Chamber
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Richard Burgon Portrait Richard Burgon
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This House is a place for cautious optimism, which is very appropriate—not perhaps on all sides.

My hon. Friend the Member for Wakefield (Mary Creagh) makes an important point about environmental sustainability. When there is not sufficient accountability, when profit is being pursued, the price is often paid not only by prisoners and wider society but by the environment. I am glad that the public are increasingly mindful of those important issues.

In 2013 the then Justice Secretary announced the break-up and part-privatisation of the award-winning probation service. Can anyone guess who it was? Of course, it was the current Transport Secretary. Probation does not get the attention of the Prison Service, but it should because it manages a quarter of a million offenders in our communities—around 400 in each constituency on average.

After part-privatisation, 21 private sector community rehabilitation companies manage, or rather mismanage, 150,000 offenders. The Conservatives’ part-privatisation of probation has been a reckless and costly experiment that has failed to protect the public, fragmenting and damaging an award-winning service. Serious reoffending has soared, supervision is severely overstretched and hundreds of millions of pounds have been wasted on bailing out a broken system. It could well be the current Transport Secretary’s most damaging failure—a high bar indeed.

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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Will my hon. Friend give way?

Richard Burgon Portrait Richard Burgon
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I will give way on this last occasion.

Rachael Maskell Portrait Rachael Maskell
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I am grateful to my hon. Friend for giving way. The HMI Prisons report on the CRC in York highlighted the devastating impact on the morale of probation officers, who do fantastic work, particularly due to the change in culture and excessive workloads. Is that not only completely unacceptable but detrimental to those who depend on the probation service for their rehabilitation?

Richard Burgon Portrait Richard Burgon
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My hon. Friend is right to be a passionate advocate of the important work, done in difficult circumstances, by our probation workers. They need to be valued more. Their importance in our justice system needs to be more fully recognised by this Government. Ending the part-privatisation of probation would be one way of doing that. What was an award-winning service is now fragmented and damaged. The level of serious reoffending has soared, supervision is seriously overstretched and hundreds of millions of pounds have been wasted in bailing out a broken system.

The National Audit Office, parliamentary Committees, the chief inspector of probation, trade unions and many more have all condemned this botched probation privatisation programme. Indeed, the chief inspector, in this year’s annual report, labelled the system “irredeemably flawed”. She flagged a catalogue of deep-rooted problems, including the number of probation professionals being at a critical level, with too much reliance on unqualified or agency staff; eight out of 10 community rehabilitation companies inspected since January last year being rated as inadequate; more needing to be done to keep victims safe and to safeguard children; and the fact that a lack of judicial confidence in probation and community punishments may be leading to more custodial sentences in cases that are borderline. She concluded that public ownership is a safer option for the core work, while improvements are not likely

“while probation remains subject to the pressures of commerce”.

There is really no need to add to that. The chief inspector has concluded that public ownership is a safer option and said that the fact that probation remains subject to the pressures of commerce means that improvements are not likely.

With private probation contracts now ending two years early, Ministers have the perfect opportunity to listen to the experts, reunify this fractured service and remove the profit motive from probation once and for all. As we have heard, the current Transport Secretary ignored all the warnings from the Labour party and others, including unions, probation trusts and the voluntary sector, of the obvious dangers of privatising probation. It is essential that the current Justice Secretary learns from his Government’s mistakes, but so far the Government have said that they will be renewing the private sector contracts and in a way that appears mainly designed to help the companies become more financially stable.

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David Gauke Portrait Mr Gauke
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I will give way first to the hon. Member for Ipswich (Sandy Martin), then to the hon. Member for York Central (Rachael Maskell).

David Gauke Portrait Mr Gauke
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The most recent brand-new prison that we did was Berwyn, and it is in the public sector. The next two prisons will be in the private sector because we want to keep a mixed market and to have a range. HMP Berwyn is a public sector prison. That decision was made by the coalition Government. We are pragmatic on that point.

I shall now give way again. I hope the hon. Member for York Central will forgive me for giving way to the hon. Member for Ipswich first; Ipswich is my home town.

Rachael Maskell Portrait Rachael Maskell
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Quality is to follow.

On outcomes, which are the most important thing that we look at, will the Secretary of State explain why Askham Grange prison, which has the best outcomes in the country and the lowest reoffending rates and which is, I must say, in the public sector, is constantly under threat of closure? If we are looking at the evidence, surely the Government should keep the prison open.

David Gauke Portrait Mr Gauke
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When it comes to any decisions about prison closures, we will of course look at the evidence. We are not proposing any prison closures at this point, but we will always look at the evidence. Several factors will determine whether or not a prison closes, but its record on rehabilitation is clearly something that we would very much take into account.

Let me turn to probation. In particular, we have heard much about the transforming rehabilitation reforms that were introduced in 2014. When we consider the reforms, it is important that we recognise the benefits that the private and voluntary sectors have brought to the probation service, even if we accept that there have been challenges—and I accept that there are challenges. We need to acknowledge that with the transforming rehabilitation reforms came the supervision of 40,000 additional offenders being released from short prison sentences. Those were offenders who previously received little or no supervision or support on release, so it is a positive change for public safety. The shadow Secretary of State forgot to mention that reoffending rates for offenders managed by CRCs remain two percentage points lower than the rates for the same group of offenders in 2011. Of course, we want reoffending to be lower still, but it is lower.

Human Rights in the UK

Rachael Maskell Excerpts
Wednesday 13th February 2019

(7 years ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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I am grateful that we have you in the Chair, Mr Gapes, and it is a pleasure to serve under you. I congratulate the hon. Member for Edinburgh East (Tommy Sheppard) on securing the debate. I certainly have concerns about the loss of the charter of fundamental rights of the European Union, including article 25, on the rights of older people. I have been campaigning for a commission for the rights of older people; they are very much voiceless in our institutions, and we need serious reparation.

Today, I will take a different perspective. People will be glad to know that I am going to talk not about Brexit but about my city of York, which became the UK’s first human rights city on 24 April 2017. Currently, there are 41 human rights cities across the world, including nine in Europe, which are networked together. That is something we are incredibly proud of, and it builds on a strong legacy. In setting out what a human rights city is, I hope hon. Members will be encouraged to take that message back to their own cities to develop a case like the one Swansea is currently developing.

York is a human rights city built on a legacy. We became a city of sanctuary in 2016. York Travellers Trust has done incredible work representing Travellers and Gypsies in our city. The York LGBT Forum has welcomed lesbian, gay, bisexual and transgender asylum seekers and refugees, bringing them together in a safe space. The University of York has a global reputation, and its Centre for Applied Human Rights is famous for its protective fellowship scheme, which brings human rights defenders from across the world to the university not only to have some thinking space to make sure their human rights activity is sustainable globally, but to have some intellectual rigour in looking at best practice in terms of human rights defenders across the globe.

I ask the Minister to ensure that we do not face real challenges in getting visas for these individuals when they come to the UK, so that they can have that space. We are humbled to hear of the work they are doing, whether they are journalists, human rights defenders or people working in court systems. They come to the UK not only to have some respite, but to advance their human rights practice, yet visas are blocked time and again because these people do not have the resources, although they have people here who are willing to sponsor them. It seems a shame that doors are shut when we should be extolling the incredible work these people do.

As a human rights city, York has signed up to a charter to work on the domestic human rights agenda. I disagree with the hon. Member for Henley (John Howell) on the importance of these issues, because human rights must also apply at home in the UK. The five areas that York has chosen—they are not circumscribed—are equality and non-discrimination, education, decent standards of living, housing, and health and social care. In becoming a human rights city, York embraces a vision of a vibrant, diverse, fair and safe community built on the foundation of universal human rights. It is a vision that is shared by all citizens and institutions in our city, including the council, the police, the voluntary sector and the faith communities. It puts fundamental rights at the heart of policies that are passed by these authorities, and builds on hopes and dreams.

People who know the history of York will know that this follows a strong legacy. On housing, human rights is such an important issue to our city, where the Rowntree family built our country’s first garden village in New Earswick. That stimulated the Housing Act 1919, which was the foundation of social housing in our country, and the model was then taken forward into Tang Hall, further into the city.

As a city, we have had pioneering mental health services—first at Bootham Park Hospital, which was established in 1777. When a patient tragically died there, the Quaker movement said, “We can do better” and set up a retreat. To this day, there has been competition to advance the human rights of people with mental health challenges in our city.

We then had Seebohm Rowntree, and many people will know that he wrote three incredibly powerful reports on the issue of poverty—the Joseph Rowntree Foundation has followed that through until today. Even in the 1899 report “Poverty, A Study of Town Life”, the authors talked to over 46,500 residents of York to look at the serious poverty in our city. What an incredible study that was, taking the stories as well as the statistics to try to advance our city.

Then we had Joseph Rowntree himself—yes, he of chocolate fame—who outlined what good-practice work should look like in our city. He provided not only jobs with decent pay, but pensions, healthcare, education, housing, a park, theatres, access to the arts, a swimming pool and decent conditions. He and his family understood the real importance of that holistic agenda for advancing individual rights, and he sewed that legacy into our city. That is why we are proud to be the UK’s first human rights city.

However, we are on a journey, and it is fair to say that there is a lot that we need to achieve. As we map our way forward, we are looking at statistics and stories to tackle challenges where, quite frankly, our city needs to improve. Over the last year, we have seen wages fall in York by £65, causing greater economic inequality when we are already the most inequitable city outside London. By using the human rights framework to look at economic disadvantage, we will be advancing opportunities for people in our city. We have a gender pay gap of £117, which has to be addressed—it is above the national average. We have also looked at the issue of food bank use, which is up 25% in the last year—over 4,000 residents needed to use a food bank. How can that be ignored when we look at a human rights framework? These are fundamental issues facing our society today.

There is an eight-year gap in life expectancy in York. In the wards of Clifton, Westfield and Tang Hall, men die eight years earlier than their counterparts elsewhere—they are disadvantaged both economically and in terms of health.

On education, using the human rights framework we have established, we have already seen the number of NEETs—people who are not in education, employment or training—fall. That is a really positive outcome, which is due to our tracking through the causation and then introducing the restorative means to get more people into work. However, York has received the worst school funding in the country from the Government. In areas where we have the lowest attainment—we have the biggest attainment gap in the country—we are not building a legacy for the future. I urge the Government to look at the data and make the link between funding and attainment, which our human rights framework clearly does.

Cuts to social care have had a real impact. To go back to the fundamental rights I mentioned, we know that contact with social care services has fallen in our city. On the important issue of housing, although we are a low-wage economy, we have people with high skills and therefore under-employment. That makes it harder to access housing, because we have a very high cost of living. Purchasing a property in York requires 10 times the average annual income, and it is incredibly expensive to rent. We have poor access to housing, and greater inequality is therefore being created between the haves and have-nots in our city. We therefore use the human rights framework to advance opportunity and map a way forward for people in our city.

Since 2017, we have established a human rights and equalities board and developed community voices, ensuring that those who never engage in our democracy, and whose voices are silent, are at last being heard. We reach out particularly to the homeless, disabled people, women and young people. We also support others who hope to develop the framework to advance rights in their own city. York has been built on its history and social traditions, and we want its legacy to move forward. The Labour party in the city has a vision of building a fair city for the future and re-enacting and repeating the work that Seebohm Rowntree did.

None Portrait Several hon. Members rose—
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Oral Answers to Questions

Rachael Maskell Excerpts
Tuesday 13th November 2018

(7 years, 3 months ago)

Commons Chamber
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Rory Stewart Portrait Rory Stewart
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Absolutely. There is much more that we could do with the manufacturers of drones. Drones contain geo-fencing equipment, which prohibits them going over civil aviation space, for example. We can do more there, but we cannot just rely on software. In the end, good intelligence and good processes and procedures in prisons are the real guarantee against drones bringing in drugs.

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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8. What assessment he has made of the effect on the earnings of barristers of recent changes to criminal legal aid fees.

Lucy Frazer Portrait The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)
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Criminal barristers play a fundamental role in ensuring access to justice, often for the most vulnerable in our society. Having already increased their fees by £9 million in April this year, we launched a consultation on a proposal to increase fees by a further £15 million. That consultation has recently closed, and we are carefully considering the responses.

Rachael Maskell Portrait Rachael Maskell
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Our justice system depends on proper legal representation. A constituent of mine, a dedicated and experienced barrister, works 15 hours a day, six to seven days a week. Two years ago, he earned £8,000; last year, he struck lucky and earned £26,000. Will the Minister commit to honouring the letter and spirit of the advocates’ graduated fees scheme, and make sure it has an early review?

Lucy Frazer Portrait Lucy Frazer
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The Lord Chancellor and I take very seriously the importance of having a system of advocates that represents people, and we value the independent Bar as well as the employed Bar. I met the leaders of the Bar Council last week, as well as the leaders—the chair and the vice-chair—of the Criminal Bar Association to hear their concerns, and we are listening very closely to what they have to say.

Oral Answers to Questions

Rachael Maskell Excerpts
Tuesday 24th April 2018

(7 years, 9 months ago)

Commons Chamber
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Lucy Frazer Portrait Lucy Frazer
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I know my right hon. Friend cares deeply about this important matter and he has raised it with me several times. Transparency is very important, and we are looking at the pilot. I am happy to update him, and I am looking forward to our meeting tomorrow with the Society of Editors.

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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When a person spends time in custody and the CPS then drops the case against them, as opposed to losing a case in court, they are not entitled to compensation, even when they have lost their home and everything. Does the Minister agree that that is a huge injustice? Will she say what she is doing about it?

Lucy Frazer Portrait Lucy Frazer
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The hon. Lady raises an interesting issue and I would very much like to discuss it with her.

Oral Answers to Questions

Rachael Maskell Excerpts
Tuesday 23rd January 2018

(8 years ago)

Commons Chamber
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Phillip Lee Portrait Dr Phillip Lee
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I am very happy to. Will the hon. Gentleman please send me the information?

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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Some women in York have been taken to the family courts on multiple occasions by former partners. This process is clearly being used as a form of emotional abuse, and is highly costly to constituents and the state. What steps is the Minister taking to recognise court abuse, and what actions will she take now?

Lucy Frazer Portrait Lucy Frazer
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Using the court process to further any abuse is completely unacceptable, particularly in relation to domestic abuse. The court can already take actions if it thinks that there is abuse of process, by restricting litigants’ ability to continue with further applications and further claims. New family court rules were introduced in November to make sure that vulnerable court users get the support they need in courtrooms.

European Union (Withdrawal) Bill

Rachael Maskell Excerpts
Chris Leslie Portrait Mr Leslie
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I will give way to my hon. Friend the Member for York Central (Rachael Maskell)

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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I agree with the right hon. Member for Broxtowe (Anna Soubry) that we need more than a report; the rights should be enshrined. On article 25 and the rights of older people, does my hon. Friend agree that having limited protections for older people at a time when so many older people need, but cannot get, things such as social care means that we need to enshrine those rights?

Chris Leslie Portrait Mr Leslie
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My hon. Friend is correct. While we have powers on the statute and while rights accrue from case law and court conclusions, the charter of fundamental rights fills many of the gaps, particularly in certain circumstances.