Oral Answers to Questions

Alex Chalk Excerpts

Tuesday 8th December 2020 Commons Chamber

[Damian Collins (Folkestone and Hythe) (Con)]

What discussions he has had with Cabinet colleagues on bringing forward legislative proposals to strengthen sentencing to tackle homophobia in football.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

All hate crimes, including where motivated by homophobia, are unacceptable. The courts already have powers to treat hostility based on sexual orientation as a factor that aggravates the seriousness of an offence. However, hate crime laws in England and Wales are complex and are spread across different statutes. That is why the Government gave a commitment to carry out a comprehensive review of hate crime legislation. That review is currently under way.

[Damian Collins]

I am grateful to the Minister for his answer and in particular for the review being done by the Law Commission at the moment, which is looking specifically at the incidence of homophobic abuse in sports grounds. As the Minister will know, the Football (Offences) Act 1991 defines “racialist” abuse—that is the word it uses, which shows how old the Act is—but not homophobic abuse. Clearly, there is no space for abuse of any kind in a sports environment. In particular, match day stewards and officials seem unclear of their powers in these situations.

[Alex Chalk]

I thank my hon. Friend for the work that he has done on this issue. It has been noted and appreciated. He is absolutely right; from memory, it is question 57 of the Law Commission’s review of this precise issue. I hope that that work progresses. The extraordinary thing about football is that so much of an advance has been seen in respect of racism, yet homophobia still seems to exist, although I have to say that there is much better work going on in the women’s game than the men’s. The men need to catch up.

[Catherine West (Hornsey and Wood Green) (Lab)]

What steps the Government are taking to respond to covid-19 outbreaks in prisons.

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[Stephen Crabb (Preseli Pembrokeshire) (Con)]

What steps his Department is taking to improve access to child trust funds for parents of young adults with learning disabilities.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

As a young person turns 18, the contents of their child trust fund belong to them and them alone, whether or not they have a learning disability, which is an important point of principle, but for those loving parents who, for good reason, want legal authority to access those funds, we want to make the process more cost-effective and more straightforward. As a result, fees can now be waived in appropriate cases and we have set up a working group to work quickly alongside the judiciary to review the process, with a view to streamlining it while maintaining vital safeguards.

[Stephen Crabb]

I thank the Minister for that answer, the work that he is doing on this issue and the letter he wrote to me this week about my constituents who are affected. As he knows, around 200,000 disabled children could be affected by this in the coming eight years, unable to access their Government-backed child trust fund, so I urge him to continue the good work that he is doing and to really make sure that applications to the Court of Protection are the least onerous possible for the parents of these disabled children.

[Alex Chalk]

I thank my right hon. Friend for raising that issue on behalf of his constituents. He makes an incredibly important point. We have a duty to make sure that the rights of those individuals are maintained, but it is also important that, when there are loving parents and all they want to achieve is the best for their children, they are able to access that money in the interests of their children with the minimum of fuss, the minimum of bother and, frankly, the minimum of expense.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

What progress he has made on implementing the female offender strategy.

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[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

What assessment his Department has made of the potential merits of criminalising the desecration of a corpse.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

The bodies of those who have died should be treated with dignity and respect. Where that does not happen, the criminal law can intervene and there are a number of offences that may apply: preventing the lawful burial of a body, outraging public decency, perverting the course of justice, removing human tissue without consent and so on. We will of course keep the law under review.

[Dr Mullan]

I thank the Minister for that reply. I am supporting the campaign of the mother of Helen McCourt, whom we know in this place for successfully campaigning on Helen’s law, but who is equally determined, while understanding the points the Minister has made, to see further reform so that the criminal justice system adequately reflects how we would feel if one of our loved ones was desecrated after death. Will he agree to meet me and discuss with Helen McCourt’s mother further steps we might be able to take?

[Alex Chalk]

I am grateful to my hon. Friend for raising that excellent point and for paying tribute to Mrs McCourt, whose brave campaign has led to Helen’s law, as he rightly indicates, getting on to the statute book, having recently received Royal Assent, in large part because of her campaigning activity. We keep the matter under review, and I would be delighted to meet him, as he suggests.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

What steps his Department is taking to tackle drug use in prisons.