His Majesty’s Prison and Probation Service

Debate between Robert Neill and Andy Slaughter

Tuesday 4th July 2023 Commons Chamber

[Sir Robert Neill]

I could not agree more. The current Lord Chancellor has said previously that prison is there for the people of whom we are entitled to be afraid, not for the people with whom we are annoyed or angry. That is an important distinction, because prison is there to deal with those who are a danger to society or who have significantly harmed society; it is not there, in an ideal world, to deal with people who, for any number of reasons, have got their life into a mess. Such people can be a nuisance to society, but there is surely a better way to handle them than incarceration in the closed estate at a cost of some £40,000 a year.

The Justice Committee held an inquiry into the prison population back in 2017. There was about a 15% reduction in the prisons budget between 2015 and 2020, and it was found that had an impact on the safety and decency of the estate, following a reduction in the number of prison officers between 2010 and 2015. In truth, there has been underinvestment in prisons and, I would argue, underinvestment in the whole justice system for decades, under Governments of all complexions. Because the Ministry of Justice is both an unprotected Department, in budgetary terms, and a downstream Department, it often picks up the consequences of things that have gone wrong elsewhere in society and elsewhere in Government. The Ministry of Justice is particularly vulnerable.

In 2017 we saw there had been a 20% increase in the prison population over 15 years, and future projections indicated growth to 2022. There was, at that time, a transformation programme committed to expanding the prison estate by 10,000 places and to closing outdated prisons. Sadly, the truth is that the programme was not fully delivered. The Public Accounts Committee reported that just 206 places were delivered by the programme.

In 2018 the Ministry of Justice decided not to deliver the prison estate transformation in full because of budgetary pressures. Around 6,500 places were removed from the programme, but nothing has been done to reduce demand. Indeed, a number of changes to sentencing policy have, in fact, increased demand in a number of areas.

The 2017 inquiry found clear evidence that the reduction of spending in prisons had had a major destabilising effect. Reducing staff numbers put more pressure on remaining staff, and the way in which facilities management services were outsourced through block contracts meant the operation was very remote and very unresponsive to the day-to-day needs in prisons. It was very frustrating for governors, who were frequently finding that it took months to get basic repairs done. The nature of the contract was seriously at fault. I do not have a problem with contracting out in the right circumstances, but the way it was done was extremely inefficient.

Six years on, the Prison Service faces largely the same issues. The population has continued to increase, there is still an issue with the recruitment and retention of staff, and the estate still has capacity pressures. There was another prison expansion programme in 2019, and the “Prisons Strategy” White Paper said the provision of prison places would make a “more modern and secure” estate.

There was an ambitious target of 20,000 additional prison places as part of that programme, but we now know that planning permission has not been granted for three prisons—either it has been refused or no decision has been made—and the Ministry of Justice is having to appeal those planning decisions. That is hardly joined-up government. Surely the risk of delays in planning should have been foreseen at the outset.

On behalf of the Committee, I wrote to the permanent secretary at the MOJ following the publication of its main estimates, and I am grateful to her for responding yesterday. Disappointingly, only 8,200 new prison places will have been created and made operational by May 2025. We are about 11,800 short of the Government’s target of 20,000 by the mid-2020s. Given that background, is the Minister convinced that the current prison expansion programme is genuinely deliverable? When are we going to get to the 20,000 places? What steps are being taken to speed up a rate of delivery that, so far, will not get us there?

Prisons in England and Wales are reaching breaking point; the growth in the adult male population has forced the Government to use police cells to accommodate prisoners, through Operation Safeguard. The Government have said that would be in place for no longer than is necessary, but how much longer does the Minister anticipate that will be? How frequently is Operation Safeguard being used?

I mentioned the changes to sentencing policy, which have put more pressure on prisons. For example, we have seen changes to magistrates’ sentencing powers; there was an increase to two years and then, suddenly, a temporary reduction back down to one year. That is not good lawmaking, and it is not fair or just sentencing policy to have a lottery whereby when a defendant appears before the court decides whether he is dealt with by the magistrates or committed to the Crown court. As we all know, that move was done not because magistrates sentence more heavily—there was no evidence to suggest that—but because if people are sent to the Crown court for sentence, as the magistrates deem their powers insufficient, it will take longer before they end up in prison. There is a bit of sleight of hand here, as that was done to ease out the demand in the prison system, pushing people’s arrival in prison back down the road a bit, in the hope that somebody else will have left by then and so a bit more space is available.

That is not the right approach and it puts more pressure on another part of the MOJ’s responsibility, the Crown courts, because more cases are then being sent to them when they could have been dealt with more quickly by the magistrates. The Government need to address that situation. What is going to be done to deal with it? How long does the MOJ envisage this reduction in sentencing powers lasting? What is being done to consult the judiciary on whether that is a proper approach to the use of judicial resources and sentencing policy? I know that there has been a temporary response in respect of rapid deployment cells, which may offer some support. It may be of some assistance, but what is the long-term plan? How long do we envisage those cells being in use? What is the plan eventually to integrate them with the rest of the estate?

We have the plans for the 20,000 prison places, but the delay is significant. That means there is significant overcrowding in the estate, which is the second point I want to address. The overcrowding is such that it is difficult for prison staff to carry out rehabilitative work, which is one of the objectives of prison. That feeds into that high rate of recidivism and reoffending that I have referred to. It also creates real challenges on our basic duties of care towards both prisoners and prison officers. When the state removes someone’s liberty for the broader public good, it has the duty to commit to keep them safe and in decent conditions.

Equally, the state has a duty to provide decent, safe and reasonable working environments for those who supervise the prisoners and run the prisons. I fear that in a number of our prisons we are simply not getting there at the moment. We are simply failing in that, and repeated reports from His Majesty’s chief inspector of prisons have flagged that up. The growth in the number of urgent notifications that have been issued by the inspector to the MOJ is also evidence of that. I appreciate that the Minister has always responded promptly to those urgent notification procedures, and I am grateful to him for that, but it speaks to an underlying problem that needs to be resolved. I suspect that that can be done only through sustained investment and by thinking about whether we are using the alternatives to prison effectively. To go back to the point made by the hon. Member for St Helens North (Conor McGinn), we need to make sure that we use it for those who are dangerous, where there is no other safe means of dealing with them and we cannot use cheaper and often more effective rehabilitative alternatives.

We still have many Victorian prisons—the “local prisons”, as they are often called—some of which are in a very poor state. They have been described as “not fit for purpose” and “dilapidated”. There has been historical under-investment in maintenance and we have a backlog of maintenance work in the prisons. In March 2021 this was estimated to be about £1 billion-worth. His Majesty’s Prison and Probation Service is regularly taking prison cells out of use because of their state of disrepair. In the decade between 2009-10 and 2019-20, some 1,730 prison cells were permanently out of use for failing to meet the required standards. The lack of money going into basic maintenance therefore adds to the capacity crisis.

[Andy Slaughter (Hammersmith) (Lab)]

The Chair of the Justice Committee is making an excellent critique of the system. There is something ironic about prisons being so undermaintained and needing £1 billion spent on them, such that their accommodation is not available, when some £4 billion is being spent on new prisons at the same time. It looks as if we are just forgetting the ones that we have, particularly the remand and the local prisons.

[Sir Robert Neill]

I have a lot of sympathy with that point. The irony is that the chief inspector of prisons, in his 2021 annual report, describes some of those old prisons as

“cold, dark and shabby cells…often plagued by damp and cockroaches, leaking pipes and toilets, and broken or missing furniture and windows”

but, at the same time, as we have already observed, the new prison building schedule is way behind and, because of the planning situation, so far we have no assurance about when those spaces will be delivered. In any event, they will not replace the dilapidated prisons, as we had originally hoped, but will simply increase capacity, because we have a tap that nobody seems able to find the means of properly turning off, in terms of those coming into the system.

The original plan was to close old prisons as part of the prison estate transformation programme, but that has not happened. In 2019 the Minister’s predecessor said that they would need to be kept open. Well, how long do we expect to keep those prisons open? What is the long-term plan for those prisons? What is the plan to ensure that the risks in relation to planning permissions and restrictive covenants, which plagued the potential redevelopment of Holloway, for example, are recognised and sorted out well in advance of the commitment of the capital?

It is worth observing that we have had an increase in the capital departmental expenditure limits for prisons, which is welcome, but if we are spending only a fraction of it so far—as I recall it is about £4 billion, and we have spent about £1.6 billion so far—clearly we have resource being allocated by the Treasury that we cannot have confidence that the Ministry is able to spend and use to deliver in a timely fashion. What steps is the Minister taking to deal with that? What reassurance can he give us? What is the plan to speed up that programme and get the resource spent where it is needed?

The other issue I want to deal with is the operational workforce—as I said, the Committee is currently running an inquiry on that. I pay tribute to the men and women who work in our prisons. They do a very tough job, which probably no one in this House would want to do. They do it on behalf of society, frequently in difficult and unpleasant conditions—sometimes unacceptable conditions—and at some risk to themselves. They deserve to have the recognition that I do not think they always get. On behalf of the Justice Committee, I recognise and salute them for what they do, but we need more than just recognition and warm words; we need some real support for them.

As part of the inquiry, the Justice Committee undertook a survey of serving prison officers. Some 6,582 staff responded to it, which was a decent number. The responses were striking. We found that half of band 3 to band 5 staff do not feel safe at the prison they work in. Feeling safe at work is surely a basic right for anyone. Half is a frightening statistic. Reports from the inspector and the independent monitoring boards have highlighted the growing number of assaults, both on staff by prisoners and between prisoners. That is a result of the cramped, overcrowded and stressful conditions in which many prisoners are held, so perhaps it is no surprise that the prison officers feel so concerned about that.

Band 3 to band 5 and band 2 are the key operational grades—the frontline people who do jobs on the wings. Only 15% of band 2 operational staff felt they had proper, regular training; 25% of band 3 to band 5 staff said they had regular training. That means the majority of staff do not think that they have such training. Surely training people is a basic part of making sure that we professionalise and keep the workforce up to scratch? We are bringing in various protective equipment for them; they need to be trained to use it.

It is no surprise that morale is low. More than 70% of staff in band 2 and 80% of staff in bands 3 to 5 said that staff morale was not good at the prison in which they worked. If that is the position with the frontline staff, is it any wonder that we have a problem not just with recruitment, but with retention? It is clear that there is a real issue with experienced officers leaving the service. When things get difficult in prison, when those tensions threaten to boil over, and when there is potential dispute or violence on the wings, it is exactly those experienced officers—the old hands, the men and women who have been around the system—who know how to deal with sometimes quite damaged and challenging individuals. Their experience is more necessary than anyone’s to calm things down and to prevent things from escalating. Therefore, unless we have a proper strategy for retention, we are creating a potential powder keg for the future.

Ultimately, we have both to retain and to increase the number of staff. Unless we do that, we will not get the purposeful activity that is necessary to make prisons beneficial; otherwise we end up just warehousing individuals with no benefit at the end of it. That pressure on staffing and overcrowding in prisons is reflected in the concern of the president of the Prison Governors Association, Andrea Albutt, who said that the prison system faces an immediate crisis and could run out of prison places as early as mid-July. What is the Minister’s assessment of that? Does he agree with the president of the Prison Governors Association that, in a few days’ time, we could run out of space? If so, we are in a very grave situation indeed.

What, too, about the observations of the Shannon Trust—I am very grateful for its information—pointing out that statistics from the Office of National Statistics, HM Prison and Probation Service and the voluntary sector suggest that some 62% of all those incarcerated have a literacy level lower than an average 11-year-old? Given that we have some 85,000 people in prison, that potentially equates to about 53,000 people who have real literacy deficits. Without that being put right, what is their hope of getting a job on release? How do we then get them out of that cycle of reoffending? Because it is so difficult to carry out education activities in those cramped and inadequate facilities and to attract staff to do the tough job of education work in prisons, all too frequently, the level of courses is not being delivered in the way that was intended. What will the Minister do to increase the amount of education and purposeful activity that we see in our prisons? We all say that it is the objective, but so far we are not delivering on it in any consistent manner.

Let me look beyond prison to the critical issue of probation, which is sometimes, I fear, regarded as the poor relation of the two. The bulk of the budget goes on prisons because of the very high fixed costs, but probation is essential and we should pay tribute, too, to the probation officers who work so hard. It is essential to give alternatives to prison in the first place and, secondly, to have a proper means of transitioning prisoners back into society when they are released, without the risk of reoffending.

When we carried out our inquiries, we found high staff vacancies, overloaded probation practitioners working overcapacity, poor staff retention and inaccurate risk assessments, all of which were flagged up by the chief inspector of probation, who said that many services are experiencing exceptional staff shortages, with half the positions at key grades in some areas being unfilled. It is no wonder, therefore, that things are being missed. That is a risk not only to prisoners, but, potentially in the worst case, to the public as well. What is being done to deal with staff pressures in the probation service?

We met many probation officers. They want to improve their service, but they need decent and sustained funding to do so. You cannot have it being switched on and off like a light switch. We know that three fifths of the HMPPS’s expenditure is on prisons. We need to concentrate on and not forget the other two fifths of the budget as well.

Arts Council England: Funding

Debate between Robert Neill and Andy Slaughter

Wednesday 18th January 2023 Westminster Hall

[Sir Robert Neill]

I am grateful to my hon. Friend for making that point. It highlights the interesting fact that this is not just a London issue. There are institutions outside London that have lost funding for no apparent reason. That is the difficulty: the lack of any apparent evidence base or transparent and proper process for these decisions. There is a lack of any proper consultation or impact assessment.

I have seen freedom of information responses rather perfunctorily provided to individuals by the Arts Council, in a process that appears to be like drawing teeth. Mr Bone, you and I have had experience of such things from public bodies in the past. It appears that no full impact assessments were made on individual changes, even though some of them will close institutions. Equalities impact assessments were made, but not the full impact assessment expected when dealing with many millions of pounds of public money, and the possibility of an institution ceasing to operate, with redundancies caused thereafter.

[Andy Slaughter (Hammersmith) (Lab)]

The hon. Gentleman is absolutely right, and I congratulate him on this debate. This is at best half thought-out, and at worst an act of Luddism. I suspect that what we have seen with the revised proposals for the ENO, which do not save it in the long term, is just an admission that the Arts Council has got this wrong. Let me give him this quote:

“Sacrificing this particular golden goose for a bit of glib London-bashing will do little to improve cultural provision in the regions and would be an act of sabotage for one of our country’s greatest assets.”

That was the right hon. Member for Uxbridge and South Ruislip (Boris Johnson) almost 10 years ago, the last time this was done, and it has not changed.

[Sir Robert Neill]

I am sorry to say that is true. I do not object, in truth, to the idea that we should spend more arts funding across the rest of the country. I am not an opponent of levelling up as such, but I have always taken the view that that should not be at the expense of London. Decimating London is counter-productive, because much of the talent that performs in the rest of the country is London-based and London-trained, because that is where the critical mass of the arts world is. It is where the conservatoires and colleges are.

Performing Arts: English National Opera

Debate between Robert Neill and Andy Slaughter

Monday 5th December 2022 Commons Chamber

[Sir Robert Neill]

I entirely agree with the Father of the House.

[Andy Slaughter (Hammersmith) (Lab)]

I may not be able to match the hon. Gentleman’s regular attendance, but the last two productions that I saw at the Coliseum either side of covid were Les Dennis in “HMS Pinafore” and Harrison Birtwistle’s “The Mask of Orpheus”, which gives an idea of the range that is on display. It is a great London, national and international institution, and it is being ruined, so I congratulate him on what he has said, and all other hon. Members. The decision has to be reversed.

[Sir Robert Neill]

I will conclude by asking the Minister what more he needs to hear. When I was a barrister, I would occasionally say to my clients, “The evidence is overwhelming.” He should go outside, have a word and think about it. If he was the advocate, I would say, “Have a word with your clients and tell them to reflect, because there’s time to change this.” The ENO is willing to offer a way forward: it wants to and will do more outside London and it will meet the Department’s objectives, but that cannot be done on the timescale and funding that is available.

Can we please have a proper strategy to underpin the approach to opera and a proper funding settlement to keep the ENO stable until it can go through due process? There needs to be a proper discussion about moving to a viable venue—there is all this nonsense about a place in Manchester, but no one in Manchester has even been consulted. Let us find a proper means for the ENO to perform outside London in a way that delivers good-quality art for people, and then let us sit down to consider a proper level of transition funding, as was done for the Birmingham Royal Ballet, which took five years to go and do work outside London.

Above all, I beseech the Minister that we should maintain the chorus and the orchestra. They cannot move out of London, because they have families, so they will be made redundant and the chorus and the orchestra will be destroyed. An orchestra and a chorus take years to build up. It is not a production line; it is years of work of an ensemble coming together.

Keep the ENO in being and it can do a vast amount elsewhere in the country. It will contribute to levelling up like nothing else. Please do not destroy it, through a misapplication, I am afraid, of a laudable policy; many of us do not disagree with the Government’s policy, but I am afraid it has been badly mishandled by the Arts Council. Arm’s length though it is, because the previous Secretary of State gave instructions to the Arts Council as to how it should do its funding, the Minister has a right and a duty to tell it, “Think again. Reflect. Come to a better solution.”

Economic Crime: Law Enforcement

Debate between Robert Neill and Andy Slaughter

Thursday 7th July 2022 Commons Chamber

[Sir Robert Neill]

The Law Commission often offers a sensible way forward, and I urge the Government to adopt those recommendations and try to implement them swiftly. This involved considerable work and a great deal of expertise and advice, and I see no reason for us not to move on the “controlling mind” test quite quickly, even if we needed to look a little further at the “duty to prevent” test. Neither of those is unfixable. They offer a sensible way forward in relation to the “controlling mind” test”, and I hope the Government will act.

The other matter I want to raise in respect of larger-scale frauds is the work of the Serious Fraud Office. It certainly involves controversy, and there are some issues to which the SFO needs to respond in relation to the conduct of certain cases. I hope very much that we will see the full publication of Sir David Calvert-Smith’s report on one of those cases. On the other hand, to its credit, with a staff of 250-odd, the SFO has secured for the Consolidated Fund, through payments under deferred prosecution agreements—of which there are now 12—the recovery of some £1.6 billion. If a modest percentage of that were ringfenced, and, rather than going back to the Treasury, were held and reinvested in the budget of the SFO and allied crime-fighting agencies, that would be a massive step forward in providing it with the resources with which to deal with serious international and corporate crime.

In one of the cases that we spoke about recently when the Justice Committee visited the SFO, the disclosure material involved some 1.9 million documents. Dealing with those is a massive task. The SFO could invest in more artificial intelligence for searching documents. There are some legal complexities surrounding that, but it is doable, and is already done in commercial civil litigation. However, it is necessary to invest in it. If some of that money from the deferred prosecution agreements were ringfenced and reinvested, it would be money very well spent.

Having spoken about those large-scale matters, I hope that we will not forget that there is a great deal of “small-scale” fraud—small-scale in the global picture, that is, but very big and important to the victims of fraud. The Justice Committee recently conducted a number of hearings on fraud in the justice system. The message of the evidence we heard from Victim Support was “Do not think that fraud is a victimless crime, which is all too easy to do”. That view was supported by the Association of Police and Crime Commissioners, which reported that some 74% of fraud victims were emotionally impacted by the crime. At the very least, someone will feel that they have been made an idiot of; more often, they will have lost what may be a small sum of money for a bank, but is a lot of money to them. They will feel vulnerable thereafter, almost betrayed. So this is not a victimless crime, and we should never allow it to be thought to be so. This is coming from the people who have been talked to because they have reported the offence of fraud. There are estimated to be 3.7 million incidents of fraud but according to Her Majesty’s inspectorate of constabulary and fire and rescue services, the majority of them are not reported. We need to do a lot more on that everyday fraud.

[Andy Slaughter]

The hon. Gentleman talks about this subject as well as about the major frauds. I was shocked to find out that in 2020-21 fraud accounted for 39% of all crime and that the average investment fraud deprived the victim of £14,000, which is a significant sum of money to an individual. Is it part of the problem that we are not taking this seriously enough? If we were, we would no longer be relying on Action Fraud, which I thought the Government had agreed to wind up and replace with something effective.

Judicial Review and Courts Bill

Debate between Robert Neill and Andy Slaughter

Consideration of Lords amendments
Tuesday 26th April 2022 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

I thank those who have worked to improve this Bill during its progress through both Houses. Without embarrassing him, I would single out my hon. Friend the Member for Stockton North (Alex Cunningham), who volunteered to lead on the courts part of this Bill—that is, most of it—before he had even finished with the Police, Crime, Sentencing and Courts Bill. I would also mention the efforts of our colleagues in the other place, particularly my noble Friends Lord Ponsonby and Baroness Chapman and senior Cross Benchers, who are a large part of the reason why we are discussing successful Lords amendments today—all credit to them.

In the spirit of consensus that has been a feature of much of our proceedings, I thank the Minister and his team for at least listening and entertaining our views, even if we did not in the end see eye to eye, and for their significant concession in removing the presumption from clause 1. Since the Bill was first introduced, I have also been lucky enough to work with many individuals and organisations with particular expertise on the issues covered. I would like to put on record my thanks to the Public Law Project, Inquest, Justice, Liberty, the Bingham Centre, the Law Society and the Bar Council, but that list is not exhaustive.

The majority of amendments before the House today—Lords amendments 6 to 10 and 12 to 22—are Government amendments that amend part 2 of the Bill. For the avoidance of doubt, we do not oppose these. We had issues with part 2 of the Bill, but these were mainly procedural and are, I hope, open to correction in the light of experience. Our objections to part 1 are more fundamental, and we are grateful to the other place for highlighting these in Lords amendments 1 to 5. I will deal with these and then come on separately to Lords amendment 11.

First, by way of a little context, we see no purpose whatsoever in clauses 1 and 2 of this Bill, and it would be our preference to remove these clauses from the Bill entirely. Our attempts to do so in Committee were not successful, but our principal objections were reflected in the Lords amendments. Lords amendments 1 to 3, in the name of the noble Lord Marks, remove prospective-only quashing orders from the Bill.

One of the ways that the Government wish to change—they say improve—judicial review is to introduce a remedy that only rights a wrong for the future, without looking to compensate the complainant or those who have come before them. This has rightly been described as having a chilling effect on meritorious applications. It was not recommended by the independent review of administrative law that was supposed to found the basis of part 1 of the Bill. It does not, as the Government somewhat disingenuously claim, add to the armoury of the administrative court; it simply seeks to restrain its powers. That fact is given away by the clunking fist of the presumption in favour of prospective orders and of suspended orders, which clause 1 also sought to introduce. In a step bordering on the disrespectful, the Minister sought to tie the hands of the court in applying its discretionary powers, so I am delighted the Government have seen the light and do not today oppose Lords amendment 4, in the name of Lord Anderson. That extracts the worst of the sting in clause 1.

Lords amendment 5, in the name of Lord Etherton, was a pragmatic attempt to make sense of the Government’s proposal to abolish Cart judicial reviews in clause 2 of the Bill. It met both the Government’s complaint that these were too profligate and the real concerns of practitioners and others that errors of law would lead to human tragedies. It would also have mitigated the concerns about unnecessary and unwelcome employment of an ouster clause. Cart judicial review, as Members here know, is engaged when the High Court reviews a decision of the upper tribunal to refuse permission to appeal a decision of the first-tier tribunal.

Clause 2 abolishes this type of judicial review altogether, yet most cases that satisfy the threshold for Cart are compelling. In many examples, as we discussed in Committee, these are asylum or human rights cases—issues of mental health, special educational needs or entitlement to basic incomes and support needs—which have serious consequences for the claimants if errors of law have been made and are sometimes matters of life and death. Lords amendment 5 narrows the ambit of Cart so that in the majority of cases there is no onward right of appeal. The only exception would be where the case raises a point of law of general public importance. In that situation, the claimant could apply to have the case considered by the Supreme Court.

The amendment represents a compromise between the Government’s desire to save the cost of Cart judicial reviews and the need to preserve an essential judicial check against serious errors of law. All that has been argued in the other place, and votes won—albeit narrowly—on amendments 1 and 5. In discussions, the Government have conceded on the presumption. We accept that that is a significant concession, and we do not intend to press any votes on the Lords amendments clauses 1 and 2 today.

Let me turn to Lords amendment 11. Eleven days ago, on 15 April, we marked the 33rd anniversary of the Hillsborough tragedy, where 97 people lost their lives at a football game. For 33 years the families of those who were lost have fought, and continue to fight, for justice. They faced cover-ups and fundamental failures of our legal system, which only prolonged their suffering. Many campaigners—prominent among them the Mayors of Greater Manchester and the Liverpool City Region, former colleagues of ours in this place—are asking for a comprehensive Hillsborough law, which we support. Lords amendment 11 addresses an important plank of the Hillsborough law, but it goes beyond that by providing equality of arms for all bereaved families at inquests and inquiries.

The amendment would require the Government to provide public funding for bereaved families where the state is represented. It is remarkable that, even with the cuts in legal aid that we have seen over the past 10 years, current rules do not provide that. This is an issue not just of access to justice, but of basic fairness. How can it be that state bodies have unlimited access to public funding for the best legal teams and experts, while families are often forced to pay large sums towards legal costs, or risk representing themselves or resorting to crowdfunding?

Five years have passed since Bishop James Jones delivered his report on the experience of the Hillsborough families. In that report, Bishop Jones made 25 recommendations, which included publicly funded legal representation for bereaved families. In May 2021, the Justice Committee recommended that for all inquests where public authorities are legally represented, non-means-tested legal aid or other public funding for legal representation should be available for people who have been bereaved. The inquiry by the all-party group on legal aid last year reached a similar view, and many voices are saying the same thing: it is time to level the playing field when state actors are represented in inquests.

The Government have acknowledged that there is more to do on this issue. They are minded to offer non-means-tested legal aid for early advice and representation where exceptional case funding is engaged. With respect, that is not enough. It would not help—to give only some examples—in the situations of families of those who suffer healthcare-related deaths in detention, self-inflicted deaths of voluntary patients in mental health settings, those under the direct care of a mental health trusts in the community, deaths in supported accommodation, or care settings where the person has been placed by a public body or local authority. It would not have helped Coco Rose Bradford, a six-year-old girl with autism who was taken to hospital in Cornwall and died unexpectedly on 31 July 2017. In January 2022, the inquest into her death concluded, finding it to be due to natural causes—something Coco’s family disputes. Coco’s mother, Rachel Bradford, told the inquest how she watched her daughter die in front of her, and how the hospital dismissed the family’s concerns, even though Coco was in glaringly obvious pain. Rachel gave evidence that Coco’s autism played a role in how she was treated by medical staff, and that the professionals wrongly viewed her as being unco-operative and non-compliant.

Members of the local community donated to contribute towards the family’s legal costs for the inquest. Coco’s mother said in a personal statement:

“Without our barrister offering to act pro bono at the inquest hearing we’re not sure what would have happened. It seems desperately unfair that we have had to crowdfund to cover our legal fees, and rely on our barrister waiving her charges, when the hospital’s legal team are paid for by our taxes.”

Cases such as those are daily injustices in our coroners courts. We can no longer ignore the voice of Bishop Jones or Rachel Bradford. I urge members of this House to retain Lords amendment 11 because it is the right thing to do. If the Bill passes without the inclusion of Lords amendment 11, we will miss another opportunity to ensure that fairness is at the heart of our legal system.

From the day this Bill was introduced, we have puzzled about why the Government were wasting time interfering with judicial processes that are designed to improve the quality of executive decisions, rather than tackling the record backlog of cases in our courts and protect the victims of crime. By supporting Lords amendment 11 the Government could make a small but significant step to improve the court system and the experience of bereaved families.

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

It is a pleasure to follow the Front-Bench speakers in this short but important debate. I welcome the Government’s stance on presumption and their acceptance of the amendment made in the Lords. It is worth remembering that Lord Faulks, who chaired the independent review that gave rise to all these proposals, took the view that no harm was done by removing that presumption, and that thereafter the discretionary power to have a prospective-only order that can be considered by the courts if it meets the interests of justice was, as I think he put it, an extra club in the bag of the judiciary. That is the whole point of it: it extends the remedial powers available. At the end of the day the presumption was not perhaps necessary, and the Government have taken a sensible and pragmatic stance on that. The principle of having that extra flexibility in the remedy is not objectionable, and I am glad the Opposition have not opposed it.

Some of the other changes made by the Government in the Lords are welcome. The ability to make payment for pro bono representation in a number of cases is welcome, and I am glad the Government have moved in that direction. Practitioners and the judiciary alike will welcome the changes to make online procedure rules easier and swifter to deal with, so those are practical changes.

Two issues then remain, including Cart appeals and litigation. I must respectfully differ with the shadow Minister and their lordships on that, and it is perhaps worth quoting what Lord Faulks said about it in the other place—after all, he examined this issue with probably more care than anyone. His stance was that the independent review into administrative law

“came to the firm conclusion that Cart ought to go. It did so carefully considering the fact that Parliament should be slow before reversing decisions of the Supreme Court.”—[Official Report, House of Lords, 31 March 2022; Vol. 820, c. 1736.]

That was its view, having carefully considered the evidence, in adopting a cautious approach to such a change.

Cart was controversial at the time, and it remains controversial. Lord Carnwath, who has given evidence to the Justice Committee in the past, raised questions about the Cart appeal, with his specialist knowledge of the genesis of the upper tribunal. The general view of many is that, to quote a phrase used by Lord Hope in Committee, it was a “legal misstep”. There are, of course, a tiny number of successful cases, but those should be set against the very real burden that falls not on the Court of Appeal, where Lord Etherton— for whom I have great respect—served, but on the justice sitting in the Queen’s bench division. That is where the judicial pressure is, and we should look to remove something that many practitioners, and in private many members of the judiciary, regard as an unhelpful burden on them.

In immigration cases in particular, convention rights will be engaged, but they will have been engaged from the outset. By the time we get to the Cart appeal, they will have been argued and considered by the first-tier tribunal and by the upper tribunal which, as Lord Carnwath pointed out, was designed to be a superior court, and to have in effect the judicial weight and equivalence of the High Court. An anomaly arises from the Cart decision, and it is right and proportionate to remove it.

Lawfare and UK Court System

Debate between Robert Neill and Andy Slaughter

Thursday 20th January 2022 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

I thank the Backbench Business Committee for granting this important debate, and congratulate the right hon. Member for Haltemprice and Howden (Mr Davis) on securing it and on his excellent speech. He is rightly renowned as not only an advocate but a practitioner of free speech, as, indeed, we saw in the House yesterday.

On that subject, I should add, very briefly, that as the right hon. Gentleman knows his history, perhaps better than the Prime Minister, he will be aware that both Leo Amery and Oliver Cromwell secured the results that they desired in short order with the departure of Chamberlain and the Rump Parliament—although we should not stretch these analogies too far: Cromwell required a company of musketeers to clear out the Rump, which included pulling the Speaker from his chair, and in any event the Rump was back six years later quickly followed by the restoration of the monarchy, which I do not think is what Cromwell had intended. But I digress.

May I—personally, but I am sure that I speak for a number of other Opposition Members—send our solidarity to Charlotte Leslie? I worked with her on middle east matters, and still do, although she is no longer a Member of Parliament. I wish her well, and hope that she is successful in resisting the appalling bullying conduct against her. Let me also congratulate my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne), who is a co-sponsor of the debate and who has also been assiduous in raising this matter inside and outside Parliament.

We heard many passionate speeches this afternoon, from, for example, the right hon. Member for North Thanet (Sir Roger Gale), my hon. Friend the Member for Eltham (Clive Efford), and the hon. Members for Isle of Wight (Bob Seely) and for Newcastle-under-Lyme (Aaron Bell). I want to praise, in particular, my hon. Friend the Member for Poplar and Limehouse (Apsana Begum), who made a difficult speech on a sensitive subject. She raised not only important issues relating to this debate and to domestic violence, but other issues as well, including one on which I will not elaborate because it is not a subject for today, but which I consider important none the less. I refer to the nature of prosecutors. We saw something of that in the instance of the Horizon scandal and the post offices, but my hon. Friend made the point again about prosecutors other than the Crown Prosecution Service. She also mentioned the role of the media and their disproportionate power, and I will address that in a moment, because I think it is relevant to the debate. First, however, let me make some general comments about lawfare, or SLAPPs, while trying to avoid descending too much into jargon.

SLAPPs are an increasing feature in the UK court system—or perhaps “the English court system” is a better way of putting it—and are an abuse of that system. Their intention is to silence legitimate interests not by merit or argument but by process and oppressive conduct, and they prevent journalists, investigators and even regulatory bodies from shining light on issues of great public interest. Over the last few days, I have attended briefings from lawyers, investigators and writers to hear about their first-hand experience of SLAPPs, and I am grateful for that. They allege that the English court system is being used to play out this tool of legal harassment. The purpose of this debate is to discuss the evidence for SLAPPs and the reason they are prevalent in this jurisdiction. Is it that our legal system favours them, or is it that those who employ them are over-represented in the UK? I think it is probably both.

That said, we need to get the balance right. Freedom of speech is central to our values in the UK—the Lord Chancellor has made that clear with his proposed Bill of Rights—but inequality of arms and abusive conduct in litigation can work both ways. For every David sued by Goliath—for every oligarch chasing an investigative reporter—there may be a tabloid newspaper willing to libel an innocent citizen knowing that they can afford neither the cost of bringing a claim nor the risk of losing one. I will be happy today if the Minister first acknowledges we have a problem, and secondly undertakes to go and look for a solution. I do not have one that I think is bullet-proof, and I do not immediately expect him to. On the other hand, I hope he will not bury his head in the sand and deny that this is a substantial problem that is bringing our internationally revered justice system into disrepute. I doubt he will, having heard the compelling testimony of earlier speakers and the case histories they have presented.

We have heard from several speakers about the case of Tom Burgis and the Eurasian Natural Resources Corporation. Since the publication of his book, “Kleptopia”, Tom, his publisher HarperCollins and the Financial Times, for which he writes, have been subjected to a torrent of litigation by the ENRC. I have a copy of the book here that I have borrowed from the House of Commons Library, as I am afraid I have not had time to get to Waterstones, but I have promised that I will buy a copy to even up that case’s financial balance a little.

The ENRC, as we have heard, is subject to an ongoing investigation by the Serious Fraud Office focused on allegations of bribery, fraud and corruption, which resulted in the procurement of mineral assets in the Democratic Republic of the Congo. But the ENRC has not just brought a legal case against Tom Burgis and the Financial Times; it has also brought proceedings against the SFO.

I have my own quarrels with the SFO, as do the Government, and the Attorney General announced last year that she will investigate its mishandling of the Ziad Akle case—I found out this week from a parliamentary question that the investigation has yet to start. Many of the SFO’s problems come from a lack of resources. The ENRC spends as much on litigation each year as the SFO’s entire budget. The fact the ENRC feels so emboldened as to sue a UK Government Department when that same Department is currently investigating it for bribery, fraud and corruption should concern the Minister.

I received an email about a week ago from a company called Riverside Advisory, which describes itself as a private client communications service and reputation management company. Riverside Advisory is acting on behalf of the ENRC, and the email asked whether I wanted to meet it, perhaps because it believes I am still a member of the Justice Committee. The Chair of the Committee may have received a similar email.

[Sir Robert Neill]

indicated assent.

[Andy Slaughter]

I see the hon. Gentleman in his place, and I commend him for his learned speech. Riverside Advisory wishes to piggyback on the Select Committee’s inquiry into fraud and the justice system to tell us about its exasperations at its treatment by the SFO. Riverside Advisory filed a high-profile civil claim at the High Court last summer on an allegation of misfeasance in public office and it has offered to brief me, so I might take up that briefing. Other hon. Members may want to join me, I do not know.

I will now speak to the inequality of arms. SLAPPs have several identifying features, but a common thread in all SLAPP cases is the ability of the claimant to continue the lawsuit for many months, sometimes years, due to their enormous financial resources. The defendant then spends money trying to defend the action, which can prove financially ruinous even if they win, or if they win on most points. If they risk losing the case, the costs are such that it is tempting to concede at an early stage. This self-censorship or chilling effects means we never hear about most SLAPPs, let alone the information that has been supressed.

That disproportionality also feeds into the number of claims filed against a person or organisation, and claimants are increasingly pursuing individuals. As we have heard, they are pursuing journalists rather than newspapers, which gives a clue to their motivation. Why sue an impecunious writer rather than a media group? Because intimidation is more important than damages. Similarly, by bringing multiple proceedings the claimant seeks to overwhelm the defendant. SLAPPs are not a tool to set the record straight or to protect a previously unblemished reputation; they are a tool to silence public participation, to bully and to halt public criticism.

As far as I am aware, there is currently no judicial guidance or legislation expressly dealing with SLAPP cases, although, of course, English judges will take a robust line with parties they think are abusing the court process. Just this week, the High Court threw out a five-year-old negligence case for warehousing—maintaining a suit while doing the bare minimum to progress the litigation—but that is a long way from the position in many US states that have specific anti-SLAPP laws in place. London is already seen as friendly to SLAPPs and the people who bring them. If other jurisdictions are proactive in being anti-SLAPP, even more actions will be commenced here. The Foreign Policy Centre surveyed 63 investigative journalists across 41 countries and found that the UK is the most frequent international country of origin for legal threats.

I await the Minister’s telling us whether he recognises the problem and the scale of it and any ideas he has to fix it—particularly how we can rein in the oligarchs, their corporate vehicles and rottweiler law firms without further limiting the ability of genuine victims of press vilification and intrusion to get justice. I fear that the Government have a poor record on both points. The lurid stories of Tory donors that my right hon. Friend the Member for Birmingham, Hodge Hill recounted in the Elections Bill debates earlier this week suggest that the Tories are not ready to take on vested interests, and the shameful way they sidelined the recommendations of the Leveson inquiry, which sought to provide low-cost litigation for claimants and defendants in media cases, proved they are not prepared to offend the media barons.

Investigative journalists are a key component of a democratic society, which is why they are anathema to repressive regimes around the world. They risk their reputations, their assets and sometimes their lives to expose corruption. All they ask from the Government, who purport to believe in free speech, is to make the rules of the game fair. It is not only writers and journalists but investigators and even public bodies, as we heard, that are prevented from carrying out their functions; and it is not only defamation suits but privacy, data and even judicial review claims being perverted to this end.

There is more the Government can do to protect people against SLAPPs and to ensure that freedom of speech and expression is not curtailed by an unelected, seriously wealthy few and their agents, including, shamefully, some of the best-known law firms in this country. We could start with clearer judicial guidance and better regulation of the legal profession, and indeed measures to control costs, but we may need legislation. We cannot continue to do nothing—for the sake of victims of SLAPPs, but also the court system in this country and the Government’s reputation.

Fire Safety Bill

Debate between Robert Neill and Andy Slaughter

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 7th September 2020 Commons Chamber

[Andy Slaughter]

My hon. Friend makes a very good point. It is my experience from dealing with blocks in my constituency, and I am sure it is many other Members’ experience, that nobody wants ownership of this, nobody wants to pick up the tab and nobody wants to take responsibility—whether it is those who designed the building, those who built the buildings, those who manage the buildings or those who modified the buildings in ways that were not conceived. Somebody has to do that, and if they will not do that, it is Government’s responsibility to ensure that they do, and I do not think this Bill goes far enough in doing that.

New clauses 2 to 5—I am not going to go through those in detail—are, as I say, sensible and proportionate measures, which are designed to ensure that this legislation the Government are properly bringing forward works more effectively. I wait with bated breath to hear what arguments the Minister can put forward for not adopting those.

Let me come on to the amendment standing in the name of the hon. Member for Southend West, because I think that that is an important amendment. I am glad that it was found to be in scope and is being taken because he is absolutely right to say that, whereas a great deal of the focus has properly gone on construction and modification, particularly in relation to external cladding, insulation and so forth, it is also important that we look at the source of fires. It is rather a truism to say that, if we can control that source, we are going to get a lot fewer fires, whether or not they spread.

There are many issues that are being pursued here. Tomorrow, there is a ten-minute rule Bill from my hon. Friend the Member for Makerfield (Yvonne Fovargue) on the registration of electrical appliances, so that where there is a need for recall, those matters can be in hand. What we are doing today is not comprehensive, but the two measures that have been proposed in the hon. Gentleman’s amendment and new schedule are entirely sensible. Yes, they are quite onerous because what we are looking for is both a register of white goods and that there are regular checks. Those have been found appropriate for the private rented sector, and I wonder why they are not appropriate for high-rise buildings where we know, as a consequence of fires such as Lakanal, Grenfell and Shepherd’s Court, that people are particularly at risk.

Let me say a brief word about that because it is in my constituency. It is just over four years since the very serious fire at Shepherd’s Court. A tumble dryer, which not just should have been recalled and had not been recalled, but was going to be repaired and was awaiting repair, was being used according to the manufacturer’s instructions—wrong instructions—and therefore did catch fire, destroyed somebody’s home, spread to several other flats and caused the evacuation of an 18-storey block. Had it not occurred in the middle of the afternoon on a summer’s day, the consequences of that would have been dire. As it happened, there were no serious injuries, but the trauma of being involved in a fire of that nature, I do not think can be imagined. If I were the Minister, this would give me sleepless nights every night until these matters are resolved.

What I fear is that the Government are continuing to take what I can politely describe as an incremental approach here. Yes, these are complicated matters and more issues come to light—every time an investigation takes place, we find more problems with more types of building—but that is the world we live in, and it does not excuse the Government from responsibility. We are looking at height, but we are also looking at the type of buildings, the type of users of buildings and the type of cladding that is used on buildings. They could be hospitals, hotels, care homes or schools; they could be low-rise as well as high-rise buildings. They all have risks attached to them.

It sometimes feels like getting blood out of a stone to get the Government to widen their ambit and look beyond the very narrow classifications they have already dealt with in terms of ACM cladding, possibly high-pressure laminate cladding and possibly buildings down to 11 metres. The Government are very good at giving advice to others, and we all know the problems that that has caused with the sale and remortgage of properties and the necessity for inspections when the professional staff are not there to deal with these matters. The Government should be better at directing those responsible and, where necessary, providing the means for those responsible to remedy the serious risks that are apparent.

That is the problem with the Bill, which the amendments go some way towards clarifying. Whether we are looking at the source, the construction or the modification, the consequences can be the most serious. They can be matters of life, of the destruction of people’s homes, or of people living daily in fear of the risks that apply to their homes. I cannot think of anything less reasonable than that, frankly, so more than three years on from Grenfell, will the Minister look seriously at what is proposed and either adopt the amendments or, at the very least, say that the Government will bring forward their own legislation soon?

It rather feels that we have been overtaken by events because we now have the draft Building Safety Bill. That is a much more detailed piece of work, but I already have some criticisms of it—I will not bore the House with those tonight—and I look forward to more discussions on that as we go forward. I know that the Minister takes these matters seriously, but I do not feel that the Government are addressing them with the rigour or the detail that they need to be. Let us make a start on that today by adopting the amendments that have been put forward.

[Sir Robert Neill]

It is a pleasure to follow the hon. Member for Hammersmith (Andy Slaughter); he and I have been around debates on this issue for a number of years now. That is true also of my hon. Friend the Member for Southend West (Sir David Amess).

I am delighted to see my right hon. Friend the Minister for Security on the Treasury Bench. He is an old friend and a good man, and I know that he wants to do the right thing. I remember being the Minister responsible for the fire services, as my hon. Friend the Member for Southend West kindly observed. Whether to deal with these issues by primary legislation, by secondary legislation or by way of regulation is always problematic, particularly when it is often necessary to update the actions required in the light of changing scientific and technical knowledge, and emerging knowledge about the right types of processes and procedures that should be followed to ensure safety.

However, given that everybody wants to achieve the same objective here, I hope that my right hon. Friend will listen carefully to the points that are made, because all the amendments have merit behind them. Whether it is possible to achieve their objectives through the Bill is something that I am prepared to listen to the Minister’s arguments about, but, as the hon. Member for Hammersmith just said, if it cannot be done through this Bill, may we please at the very least have a commitment about how it will be achieved?

Having said that by way of preliminary, let me deal with some of the specific points. The whole question of responsible owner is an important one that we need to tackle somehow. My right hon. Friend will have known that I would mention Northpoint in my constituency. He will have known because I banged his door down more than once about it when he was Secretary of State for Housing, Communities and Local Government. He will know that despite his endeavours then, and despite the endeavours of the current Secretary of State, who made a speech back in January about the need to move on this—despite the establishment of a fund and the enhancement of the amount available in the fund—the process none the less remains so complicated that, as yet, residents in Northpoint have not been able to progress their claim. Of course, the scope of the scheme at the moment does not enable them thus far to pick up the interim costs, including that of waking watches and so on, which I will come to in a moment. All manner of obstacles come along—for example, insurance for any potential disruption to the railway, because the block is right next to a railway line. That was eventually overcome because an uninsurable amount of indemnity insurance was initially being requested. Happily, the Minister’s colleague, the noble Lord Greenhalgh, the Minister responsible in the other place, assisted in that, but it indicates that although we have lots of initiatives, a number of the strands are not being joined together, a point to which I will briefly return in a moment.