Alex Chalk
Main Page: Alex Chalk (Conservative - Cheltenham)Department Debates - View all Alex Chalk's debates with the Ministry of Justice
(9 months ago)
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Simon Fell (Barrow and Furness) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Since 2010, crime has fallen and so has reoffending, with the overall proven rate of reoffending down from over 31% in 2011-12 to 25% in 2021-22. That means that fewer innocent members of the public are suffering from the misery of falling victim to crime. We have gone further, building up initiatives including a new prison education service, expanded access to incentivised substance-free living wings for drug recovery, and the groundbreaking guarantee of 12 weeks’ post-release accommodation to secure that essential period of stability for offenders to turn their lives around.
Rachael Maskell
With the reoffending rate at over 25%, rising to nearly 50% for burglary, reoffending is costing the country £18 billion a year and the service is failing to keep us safe. If just a small fraction of that cost were invested in probation staff to address the problems caused by 50,000 days lost through sickness and 2,000 people leaving each year, it could be transformative. Will the Justice Secretary back Operation Protect, the campaign spearheaded by the justice unions, and ensure that there is a comprehensive workforce plan to recruit, retain and return the staff needed to prevent reoffending?
Alex Chalk
The hon. Lady is right. We want to drive the offending rate down, and it is good news that it is down from about 31% in 2010 to 25% now, but we do believe in investing in probation. That is why the baseline is up by £155 million, and it is why we have added 4,000 trainees since 2020. Since the reunification of probation services, the number has risen by 17%. Probation officers keep society safe, and we will back them all the way.
Paul Howell
I recently raised the issue of social media use in prison, allegedly by one of those responsible for the murder of Jack Woodley, the son of my constituent Zoey McGill. We have a local campaign against knife crime, and at the latest working group meeting we discussed deterrents. Zoey would like to understand what consequences were suffered by this individual for the posts that he sent, but also why he should be wearing a designer T-shirt and apparently leading a cushy life. Prison needs to be seen as a deterrent, but if inmates are having it easy with designer wear and no consequences, how is that a deterrent? May I ask the Secretary of State what is being done to address this, and to make prison the deterrent that it should be?
Alex Chalk
I know that the whole House will want to send its deepest sympathies to Zoey McGill following the shocking murder of her son in 2021. It was a dreadful crime, of which 10 men were convicted and for which they received life sentences. The use of social media in prisons is not acceptable, and this content was removed from the social media platform. We have been investing £100 million in prison security and new technology, including X-ray scanners to tackle the smuggling of contraband mobile phones. Those who are caught can face loss of privileges, more time in custody, and even a referral to the police and the Crown Prosecution Service for consideration of further charges.
Simon Fell
Last year I was grateful for the Government’s support for my private Member’s Bill to limit Friday releases for vulnerable prisoners. It is an important measure and is now an Act, but it is only one of the measures that we should be taking to reduce reoffending and help people get back on their feet when they leave prison. The excellent charity Switchback has suggested that, at the very minimum, people should be leaving prison with access to ID and an internet-enabled mobile phone just to get their lives in order so that they can access universal credit and other services. What consideration has my right hon. and learned Friend given to those suggestions?
Alex Chalk
I pay tribute to my hon. Friend for his excellent work in successfully championing the limit on Friday prison releases. The changes for which he called came into force last November and are exceptionally helpful, and he deserves great credit for that. He is also right to point to the brilliant work of Switchback, which has supported our resettlement work. That work includes the roll-out of 12 weeks’ guaranteed accommodation and the introduction of resettlement passports, which contain precisely the basic information to which my hon. Friend referred, such as a prisoner’s name, date of birth, national insurance number and release date. They help prisoners to access essential services such as housing and healthcare, and contribute to the driving down of reoffending, which, as was recognised by the hon. Member for York Central (Rachael Maskell), is significantly lower than it was in 2010.
Andy Slaughter (Hammersmith) (Lab)
The wife of a remand prisoner at Wormwood Scrubs wrote to me recently to say that the prison is so cold that prisoners are shaking, that they have to choose between work, social time and showering, and that the food is lacking in basic nutrition. I can explore these matters with the Prisons Minister in a couple of weeks’ time during our joint visit to the Scrubs, but does the Secretary of State agree that such conditions are not conducive to rehabilitation?
Alex Chalk
This is an important point. We do deprive people of liberty and sometimes we have to do so in the case of those on remand, but the conditions must be safe, decent and humane—austere, yes, but humane as well. I commend the hon. Gentleman for going to see the Scrubs with the Prisons Minister, my right hon. Friend the Member for Charnwood (Edward Argar), and I shall be very interested to hear his views thereafter.
Ruth Cadbury (Brentford and Isleworth) (Lab)
We need to tackle the revolving door of reoffending in our justice system, yet the reoffending rate, as a proportion of those leaving prison, continues to rise. Whatever the Secretary of State may say, I have heard time and again that the lack of secure housing, adequate and appropriate healthcare, education, job training and job support means that prisoners are being left to fail after they are released. It is the victims of crime who suffer when ex-prisoners reoffend. Can the Secretary of State announce when the Government expect the reoffending rate to go down?
Alex Chalk
It is important to note that reoffending is down compared with under the last Labour Government. The hon. Lady shakes her head, but one can dispute opinions in this House, but not facts. The reoffending rate in 2010 was around 31%; it is 25% now. That means fewer people falling victim to crime.
The hon. Lady refers to accommodation, and she is right to do so. What she did not advert to is this Government’s decision to provide 12 weeks’ guaranteed accommodation, which did not happen under a Labour Government. When I went to Luton and Dunstable, I spoke to a probation officer who has done the job for 30 years, and do you know what he said? It is the single most effective measure to drive down reoffending. Who did that? Not the Labour party, but us.
Nigel Mills (Amber Valley) (Con)
Richard Burgon (Leeds East) (Lab)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
In his excellent report, “The patronising disposition of unaccountable power”, Bishop James Jones called for the creation of the Hillsborough charter for bereaved families, as well as for the imposition of a duty of candour on police officers. We agree wholeheartedly, which is why the Government have signed the charter alongside the Crown Prosecution Service, the National Police Chiefs’ Council and others, and imposed a duty of candour on the police. We are also legislating to create a strong, permanent and independent public advocate to speak up for victims and their families, and to rigorously hold signatories to the charter to account. We stand ready to discuss what further steps may be necessary.
Richard Burgon
The parents of Zane Gbangbola are in the Public Gallery today. Zane was just seven when he died, following floods 10 years ago this month. The fire brigade detected hydrogen cyanide multiple times. His parents, Kye and Nicole, have been fighting for the truth about their son’s death ever since, and a duty of candour would have helped them to get it. In lieu of that, will the Government establish an independent panel inquiry with full disclosure, so that all the evidence can be reviewed by experts, we can finally get the truth about what happened to an innocent seven-year-old boy, and justice can be done?
Alex Chalk
I am grateful to the hon. Gentleman for raising this deeply upsetting case, and I know the whole House will be thinking of Kye and Nicole as they continue to mourn the loss of Zane. The hon. Gentleman raises a critically important case. May I suggest that he and I discuss it and see what further steps can properly be taken in this difficult case?
Kevin Brennan (Cardiff West) (Lab)
I welcome the meeting that the Secretary of State has just offered.
The problem with the Government’s response is that it ought to be centred on the experiences of families, not on the convenience of state bureaucracy, in order to ensure that they are never repeated. There is nothing in what we have seen so far from the Government that goes as far as we and, more importantly, the families believe is necessary to require public authorities to act with candour and transparency. Why is the Secretary of State persisting with a piecemeal approach, instead of committing to a clear, compelling and comprehensive duty of candour, as proposed in the Hillsborough law?
Alex Chalk
As I say, the recommendations of Bishop James Jones’s report, which we have considered extremely carefully, contained the charter for bereaved families, and it is worth reflecting on what paragraph 3 of the report says. It requires the public body to
“approach forms of public scrutiny—including public inquiries and inquests—with candour, in an open, honest and transparent way, making full disclosure of relevant documents, material and facts.”
Taken together with the powers that exist under the Inquiries Act 2005, there is potentially criminal culpability, misconduct in a public office and perverting the course of justice, but of course we will keep this under review. We want to make sure that public bodies do what they should—that is, act transparently—and we will always consider what further steps can be taken.
Marco Longhi (Dudley North) (Con)
Kirsten Oswald (East Renfrewshire) (SNP)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
In September 2020, a public inquiry was set up into the failings associated with the Post Office Horizon IT system and it is expected to report back later this year. In addition, over £160 million has already been paid out in compensation across three schemes.
However, in its December 2023 letter, the independent Horizon compensation advisory board expressed concern that the pace of exonerations was too slow, not least because evidence had been lost and many were simply too traumatised to come forward. That is why the Prime Minister has decided to bring forward legislation to quash the relevant convictions, and the Department for Business and Trade will be announcing details shortly. These wholly exceptional circumstances have led to this wholly exceptional course.
Marco Longhi
While I welcome the Government’s commitment to quash the wrongful convictions of sub-postmasters caught up in the Horizon scandal, I also recognise that this is a complex area of law that could even raise constitutional issues. Given that some sub-postmasters have been suffering for an extremely long time, does my right hon. and learned Friend agree that any legislation should deal with these issues swiftly and avoid any further delays?
Alex Chalk
I thank my hon. Friend for the careful and thoughtful way in which he addresses this significant issue. The judiciary and courts have dealt swiftly with the cases before them, but the scale and circumstances of the prosecution failure mean that this demands an unprecedented response, and that is why the Prime Minister announced this major step forward in response to the Horizon scandal. We are keen to ensure that the legislation achieves its goal of bringing prompt justice to all those who were wrongfully convicted, followed by rapid financial redress. It is not right that wholly innocent people could potentially go to their graves with the mark and stigma of a conviction hanging over them.
Gavin Newlands
Every day we hear further revelations about the Post Office, and today’s shocking—well, it should be shocking—BBC story states that the 2016 Swift review noted that the Post Office had always known about the balancing transaction capability of Horizon and that the Government knew in 2016 that a Deloitte investigation into all Horizon transactions was under way and that this investigation was suddenly halted after sub-postmasters began legal action. Will the Secretary of State confirm whether the Ministry of Justice was aware of this, and does he believe that that apparent non-disclosure to the inquiry is a threat to judicial freedom and independence?
Alex Chalk
In 2020—coming up to four years ago now—an independent inquiry was set up under Mr Justice Wyn Williams. That is expected to report later this year, and it will go into properly exhaustive details about who knew what and when. We are absolutely clear that there has been an egregious failure of prosecution conduct—frankly, one that brings shame on those involved—and it is absolutely right that that inquiry should get to the bottom of what took place and who knew what and when.
Kirsten Oswald
The current chief executive of the Post Office said in evidence to the Business and Trade Committee last month that, despite various audits and investigations, we still do not know the full scope of the money overclaimed through Horizon, or where it went. Even the auditors are unable to give a firm figure. Postmasters such as my constituent Roger have suffered incredible stress and worry as well as significant financial loss, but the prospect of getting to the truth on these figures still seems far off.
Will the Secretary of State commit to working with the Secretary of State for Business and Trade and set out a timetable for updating the House on how much the Post Office took and what it did with the money, so that constituents like mine can start to get the answers and the justice that they deserve?
Alex Chalk
My heart goes out to Roger and people like him. I have constituents who are affected, as I am sure everyone in this House does. We are a fair-minded nation, which is why it strikes us to the core. The hon. Lady asks me to liaise with the Department for Business and Trade. Of course the MOJ will do everything it properly can, but DBT is leading on this. It is also worth reflecting that £160 million has already been paid out across the three schemes, and there is a very important, swift and robust approach of paying £600,000 to those who have their convictions quashed. That is the right approach. It is exceptional, but these are exceptional circumstances.
Sir Robert Neill (Bromley and Chislehurst) (Con)
My right hon. and learned Friend will know that, only last week, the Court of Appeal criminal division, presided over by the Lady Chief Justice, quashed in bulk a number of Horizon appeals, on the basis of a half-hour hearing. When the cases get to court, the courts can deal with them swiftly.
Does my right hon. and learned Friend agree that in framing any legislation, because of the constitutional implications, it is important that we bear in mind that the failures are the failure of a prosecutor to do their duty, or perhaps the failure of the state to come to the aid of victims, but they are not the failure of the courts, which always acted entirely properly on the material put before them by the parties at the time? It was a failure of the parties, not of the courts.
Alex Chalk
As always, my hon. Friend gets to the heart of it. This was a failure of the Post Office, which is an emanation of the state, and it is the duty of the state to put it right. The courts have approached this entirely properly. The Post Office failed to discharge the solemn obligations on any prosecutor to act fairly and to comply with their obligations under section 3 of the Criminal Procedure and Investigations Act 1996 to disclose material that might reasonably be considered capable of undermining the case of the prosecution, or of assisting the case of the defence. When I was prosecuting, the first rule was that we did not seek a conviction at all costs, which is an important principle that the Post Office failed to appreciate.
Chris Stephens (Glasgow South West) (SNP)
Whistleblowers have come forward to provide information that Fujitsu was given an additional contract by the Post Office in 2013 to re-platform transaction data that was previously held on an external storage system that was considered to be the gold standard. It was replaced by a system that made it virtually impossible to investigate financial transactions in a forensic audit. Does the Justice Secretary share our concern that this decision effectively destroyed evidence, preventing exactly the sort of audit trail that would exonerate those sub-postmasters who were convicted?
Alex Chalk
The Department for Business and Trade is better placed to answer those specific points, but I would say two things. First, as a matter of sacred principle, if material comes into a prosecutor’s possession that might be considered capable of undermining the case of the prosecution, that material should be disclosed to the defence. That is one of the things that has been considered by Sir Wyn Williams’s inquiry. What did the Post Office know, when did it know it, and what did it do with the material before it? Across the House, we want to get to the bottom of those questions.
Alistair Strathern (Mid Bedfordshire) (Lab)
Caroline Ansell (Eastbourne) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Since 2010, we have ramped up support for victims in three main ways. First, we have driven down reoffending from around 31% to 25%, so that fewer people suffer the misery of becoming a victim of crime in the first place. Secondly, we have created new offences such as stalking, coercive and controlling behaviour, revenge pornography, upskirting and non-fatal strangulation, so that those who betray trust and shatter lives can be held to account. Thirdly, we have quadrupled victim funding, enabling massive investment in resources such as independent domestic violence advisers, which are up from barely existing in 2010 to more than 900 today, and we will go further with the groundbreaking Victims and Prisoners Bill as well.
Caroline Ansell
I thank my right hon. and learned Friend for all the sterling work that he has just outlined, which is making such a huge difference to victims everywhere. I wish to talk about a case that was raised with me at an advice surgery. After seeing an advert on the tube, my constituent—a man of very good standing—invested in what turned out to be a fraudulent company to the tune of £93,000. He was clearly a victim of crime and, mercifully, his bank reimbursed his life savings after some challenge. He did get financial restitution, but the whole experience had wider, devastating impacts. Those behind the company were registered in Serbia and, to the best of our knowledge, have never been brought to justice. As my constituent did not go through the full criminal justice system, may I ask how victims such as he can be supported in cases like this?
Alex Chalk
I thank my hon. Friend for raising her constituent’s case. Fraud is a pernicious, cruel crime and it can have an appalling impact, as I know from my own experience of prosecuting for the Serious Fraud Office. To support victims in recovering lost funds, the Financial Services and Markets Act 2023 gives the Payment Systems Regulator further power to mandate reimbursement where needed, and I am glad that that took place in this case. But to bring wrongdoers to justice, prosecutors, including the CPS, the Financial Conduct Authority and the SFO, regularly co-operate with their international counterparts to make arrests and secure evidence overseas so that, in appropriate cases, defendants can be extradited to face trial in the UK. The other critical point is that the victims code has been expanded, so that people such as her constituent can get the support they need. I would invite him, perhaps through the hon. Lady’s good offices, to look at the support that is available online.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Is the Secretary of State aware of a new crime that is spreading throughout the north of England, including in your constituency, Mr Speaker, and in mine? A group is preying on people who have cavity wall insulation. Those people get themselves into the legal process and find the expenses are so high that they have to sell their home. It is an epidemic. It is also rather like the Post Office scandal. This is an early warning of a major scandal. Will the Secretary of State agree to look into this matter as it is very important, especially in the north of England?
Alex Chalk
I thank the hon. Gentleman for raising that matter on the Floor of the House. He will understand—I know that he well appreciates this—that it is not for the Secretary of State to be ordering investigations, but, plainly, the matters he raised are serious. I invite the police and prosecutors to take all appropriate steps to investigate it if that is what is required.
Kim Johnson (Liverpool, Riverside) (Lab)
Steve Double (St Austell and Newquay) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Since the last Justice questions, I have met with the families of those killed by Valdo Calocane: Barnaby Webber, Grace O’Malley-Kumar and Ian Coates. They deserve answers, and a series of reviews are taking place, including by the Attorney General, on referring the sentence in that case to the Court of Appeal.
We have announced an early legal advice pilot to help families agree child arrangements quickly. I have visited Leeds to see how £6 million is being spent to roll out state-of-the-art courtrooms as part of our £220 million investment in the court estate. I have travelled to the USA to meet my counterparts to discuss how Russia can be held financially and legally to account, and I was fitted with a GPS tag to experience for myself how effective modern technology is in holding offenders and Justice Secretaries to account—a constant physical reminder that debts to society must be repaid, court orders must be observed, and transgressors face the very real risk of the clang of a prison gate. [Hon. Members: “Do you have it on now?”] No, I do not.
Steve Double
As my right hon. and learned Friend just mentioned, he spent a day wearing a GPS tag, along with Jack Elsom from The Sun. Could he outline what he learned from that experience, and say whether he thinks GPS tags are a robust and effective means of monitoring and punishing low-level offenders? Will he reveal to the House who else from the Lobby is on his list to be tagged?
Alex Chalk
I thank my hon. Friend for his question. There is a serious point here: our modern GPS tags act as a constant physical reminder that debts to society must be repaid and that breach of a court order will be detected, so that a person who steps over the line, literally or metaphorically, and enters an area from which he is barred knows that he is liable to be returned to court and sent to prison. We could put the entire Lobby on alcohol tags, but I think that would deal a fatal blow to the UK drinks industry.
Alex Chalk
I have visited Cookham Wood. I cannot remember the precise date, but the really important statistic to note is that in the period up to the end of September last year, we recruited an additional 1,400 prison officers. The numbers are going up, and the attrition rate is going down. [Interruption.] Hold on. That is because we have introduced measures such as the new colleague mentor scheme, rolled out £100 million on security and so on. We recognise that the safety of our prisons is in large measure down to the quality and quantity of our staff, and we are improving on both counts.
Sir Edward Leigh (Gainsborough) (Con)
Mr Speaker
Order. Sir Edward, you should know better. This is topicals. You are a member of the Panel of Chairs as well; you are meant to set an example, not abuse your position.
Alex Chalk
I do not have the advantage of having listened to Lord Hoffmann, but we do not think that the Strasbourg Court will need to intervene, given that our domestic courts will have carefully assessed whether anyone we intend to remove to Rwanda would suffer serious and irreversible harm.
Henry Smith (Crawley) (Con)
Alex Chalk
Data on foreign national offenders is collected at the point when an individual becomes an offender—in other words, at the point of conviction—but in addition, the Ministry of Justice records the numbers in custody awaiting trial who are FNOs, and that stands at approximately 3,300. On driving the figures down, the Home Office is working to increase take-up of conditional cautions, which lead to FNOs being expelled from the UK, in place of prosecution, in appropriate cases.
Paula Barker (Liverpool, Wavertree) (Lab)
Bob Blackman (Harrow East) (Con)
Under the Homelessness Reduction Act 2017, there is a solemn duty on prison governors to prepare ex-offenders for life outside prison. Seven years on from the introduction of that duty, they are still not doing what they are required to do. We want reoffending ended, and if people are prepared properly for when they leave prison, we increase the chances of preventing reoffending. What action is my right hon. and learned Friend taking on this?
Alex Chalk
My hon. Friend has done spectacular work on this issue. His Majesty’s Prison and Probation Service published a policy framework setting out the steps prisons and probation services must take to meet their duty to refer those at risk of homelessness. I was reading it this morning, and it contains template referral forms—and many other aids—that are to be filled out at prescribed points in the prisoner journey. Governors are now held to account, as my hon. Friend rightly indicates, for their record on preparing prisoners for life post release, which is why I am able to say that in 2022-23, some 86% of prisoners were accommodated on the first night of release. That is up from 80% in 2019.
Mr Speaker
I know that question was on the Order Paper to be taken before topicals, but if the Justice Secretary could shorten his answers to make sure everyone has time in topicals, that would help me and others.
Alberto Costa (South Leicestershire) (Con)
Last week, Colin Pitchfork, the double child rapist and murderer, successfully applied for a reconsideration of the Parole Board’s decision not to release him, on the grounds that the decision was irrational. I have issued a survey across my South Leicestershire constituency on Parole Board reform. Will the Secretary of State meet me urgently to discuss the Parole Board rules, as amended in 2019?
Alex Chalk
I certainly will meet my hon. Friend. He has been assiduous for many years in raising this matter on behalf of his constituents. The Parole Board does an exceptionally good job. There are two cases in which decisions appear to have been overturned because they were irrational, and that is why I am meeting the Parole Board tomorrow.
John Cryer (Leyton and Wanstead) (Lab)
The Justice Secretary mentioned the duty of candour that he imposed on the police. Has he considered legislating to introduce the same for all public bodies?
Alex Chalk
I can say that we want to extend that duty to healthcare settings, because we do not want health professionals closing ranks when something goes wrong. It is important to say that since Hillsborough there have been so many changes, including through the Inquiries Act 2005, which mean that there can be criminal liability for those who do not do what the hon. Gentleman and I must think is a matter of common sense, which is to tell the truth.
Siobhan Baillie (Stroud) (Con)
Wedding experts at Hitched say that independent celebrants are the biggest trend for couples getting married this year, and with the Church, registrars and humanists all providing additional options, it is about time that we updated the marriage laws, which are from 1836. Will the Government publish a substantive response to the Law Commission’s 2022 report on wedding reform?
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
What can I do to change the Secretary of State’s view on joint enterprise? Has he read Lord Finkelstein’s recent and very good article in The Times? Please can the Minister have an open mind and look at it again? There are more than 1,000 young men in prison on long sentences.
Alex Chalk
Joint enterprise is there to ensure that those who act as the burglary lookout, those who provide the weapon in a murder and those who drive the getaway vehicle do not escape the consequences of their crimes, which shatter lives. It is already the case, as in the case of Jogee, that the person must have helped or encouraged the commission of the offence and intended to do so. If the Labour party’s position is that such people should escape culpability, it should say so. Our advice on this side of the House is clear: do not commit crime.