Rape Review Action Plan and Operation Soteria
Alex Chalk Excerpts(10 months, 1 week ago)
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The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
My right hon. and learned Friend the Secretary of State for the Home Department (Suella Braverman) and I are pleased to announce that the Government are today publishing a progress report two years on from the publication of the end-to-end rape review action plan. This is the fourth six-monthly progress report on implementation, and demonstrates the Government’s ongoing commitment to be transparent and accountable to the public on our progress in delivering the ambitions of the Rape Review.
The data in the report provides clear evidence of progress to drive up police referrals, charge rates, and Crown court receipts. We are making sustained progress towards the rape review’s ambition to return volumes of cases being referred to the police, charged by the Crown Prosecution Service, and going to court, to at least 2016 levels. It is well documented that the charge rate and volume of convictions for adult rape dropped drastically after 2016 due to a range of factors, not least a lack of join-up across the system, and the criminal justice system overcorrecting following a small number of high-profile disclosure failures. A return to 2016 levels is ambitious, marking a year where adult rape convictions were 30% higher than in 2010. The latest data shows that we have hit two of our ambitions already, and remain on track to hit the other:
Adult rape cases referred by the police to the CPS—for either early advice or a charging decision—continue to increase, with 1,079 total police referrals in the fourth quarter of 2022, exceeding our ambition of 766 and up by 134% from the quarterly average in 2019, when the Rape Review was commissioned.
Adult rape cases charged by the CPS have been increasing, with 472 suspects charged between October and December 2022, close to our ambition of 538 and up by 93% from the quarterly average in 2019.
The number of adult rape Crown Court receipts continued to increase in the first quarter of 2023 with 605 Crown Court receipts, exceeding our ambition of 553. It is also up by 162% from the quarterly average in 2019.
And despite the barristers’ strike impacting court action in 2022, adult rape prosecutions continue to rise, up 44% in the last calendar year, almost double what was achieved during 2019, and higher than the volume achieved in 2010.
Key achievements over the last six months include:
Introducing the landmark Victims and Prisoners Bill to Parliament in March, bringing forward measures to better serve victims and the public.
Legislating through the Victims and Prisoners Bill to ensure requests for third party material, such as therapy notes, or medical, educational and social service records are necessary and proportionate.
Recruiting 20,000 additional police officers, having brought in a net increase of 20,951 officers across England and Wales since the launch of the recruitment campaign in 2019, ensuring the police have the resources available to dedicate capacity to priority issues such as rape.
A second round of Government funded procurement—with a value of £4.2 million—of technical capability to retrieve digital evidence—when it is the least intrusive means to do so—from mobile phones at a time and place convenient to the victim has been completed and is being deployed to forces.
The Law Commission publishing its consultation into the use of evidence in trials involving sexual offences.
Today we are also announcing that through the specialist sexual violence support project, we will ensure that any adult rape victim at Newcastle, Leeds or Snaresbrook Crown court who needs it has the option to remotely observe the sentencing hearing for their case, through video link, subject to judicial agreement. This will give victims the opportunity to see justice done without the distressing experience of attending court alongside the defendant’s family or supporters. This builds on other work to improve the victim experience at court, including legislation to permit the remote observation of sentencing hearings and allowing victims to pre-record their evidence and spare them the trauma of attending court in person.
Operation Soteria is an ambitious joint Home Office and CPS programme to transform the way that rape investigations and prosecutions are handled and progressed, with a focus on investigating the suspect rather than the victim. Through close collaboration between frontline policing, prosecutors and academics, the programme has developed new national operating models for the investigation and prosecution of rape and serious sexual offences. All police forces in England and Wales have committed to implement this new approach and will be supported to do so by the Home Office, the College of Policing and the National Police Chiefs’ Council, who are establishing a joint unit to oversee implementation and monitor progress. In addition, His Majesty’s Inspectorate of Constabulary and Fire and Rescue has been commissioned to conduct a thematic inspection on forces’ implementation of the model.
While strong progress has been made, we made clear in our last progress report that the rape review action plan is a start and must remain dynamic and continue responding to the challenges that victims face. We recognise there is still more to do, which is why we are setting out our action plan until December 2024, ensuring we continue to deliver improvements to the criminal justice system’s response to rape.
These publications form part of the Government’s ambition to ensure access to justice, improve the experience of victims and make our society safer for everyone.
[HCWS922]
Oral Answers to Questions
Alex Chalk Excerpts(10 months, 3 weeks ago)
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Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
I regularly meet the senior judiciary, including the Lord Chief Justice, to discuss priority issues across the justice system, including prisons. We are delivering 20,000 additional modern prison places, the largest prison build programme since the Victorian era, ensuring the right conditions are in place to rehabilitate prisoners, cut crime and protect the public. We have already delivered 5,200 of these places, including at the brand new HMP Fosse Way, which opened last month and which I look forward to visiting later this week.
Mr Sheerman
The Secretary of State, for whom I have great respect, surely knows that there is enormous unhappiness in the prison estate. Recent polls show how low morale is and how many people working in our prisons doing that difficult job are fearful for their safety. Will he meet me and perhaps even the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), to talk about how we can find a way forward for the young people—there are perhaps 1,000 of them—in prison under joint enterprise? That would help him with prison overcrowding and bring justice to so many young lives.
Alex Chalk
I am grateful to the hon. Gentleman and will be happy to meet him to discuss that. I am glad that he paid tribute to prison officers, who do spectacularly important work. One thing I am proud of delivering is body-worn video cameras for all of them, because that is so important for de-escalating volatile situations and potentially gathering evidence so that they can see justice done.
Joint enterprise is a sensitive issue. I know that the hon. Gentleman takes a proper interest in it, but it is the legal doctrine that ensures that the getaway driver does not avoid culpability, that the lookout of the armed robbery is also culpable, and that the person who supplies the murder weapon, knowing that it will be used in that offence, also cannot escape liability. The Court of Appeal has considered this at some length in the case of Jogee, and we have to be very careful before seeking to recalibrate it. However, I am happy to discuss it with the hon. Gentleman at a time of his choosing.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I am sure that the Lord Chancellor, as well as thanking the current Lord Chief Justice for his work, will welcome the appointment of Dame Sue Carr as the first woman Lord Chief Justice of England and Wales and look forward to working with her, too. Does the Lord Chancellor agree that one of the real areas of concern and pressure on prisons is the growth in the remand population? In January, before he was appointed to office, the Justice Committee produced a report on remand, from which some recommendations were accepted and some were not. Will he revisit some of those recommendations and see what more we can do to bear down in particular on the growth in remand for people who after all have not yet been convicted?
Alex Chalk
Those are excellent points. Let me begin by joining my hon. Friend in welcoming Dame Sue Carr, whose appointment has been hugely welcomed across the political spectrum, across the legal sector and beyond. I also pay tribute to Lord Burnett. I think I speak on behalf of everyone in the House in saying that there is nothing but regard and respect for the contribution that he has made.
On remand, my hon. Friend is absolutely correct. It is worth reflecting that, compared with the pre-pandemic period, there are between 4,500 and 5,000 more of those people in custody. As he rightly pointed out, they have not been convicted of any crime. Technology, such as electronically monitored tags, can be of assistance. It is for the bench or the Crown Court judge to decide whether there are reasonable grounds to believe that, if released on bail, that person would commit further offences or fail to surrender, but I know that the courts will want to bear the technological options in mind.
Ellie Reeves (Lewisham West and Penge) (Lab)
Over the past 10 years, more than 3,000 prison places have closed and community sentences have halved, and the three new prisons planned will not open before 2027 at the earliest. No wonder we have a prison capacity crisis, with the Government having to commandeer police cells and judges being told to jail fewer people. How can the public have faith that they will be protected and that crime will be punished when that is the Government’s record?
Alex Chalk
I am grateful to the hon. Lady. It is worth reflecting that the second biggest programme in Government after High Speed 2 is in prison building. I invite her to go and look at Five Wells or Fosse Way, or at the work taking place at Millsike. Those are modern, safe, rehabilitative, productive prisons. We make no apology for investing in our prison estate because, if we can bear down on the things that prevent individuals from getting back on the right side and putting crime behind them, that is good for society, good for the individual and good for the taxpayer.
Paul Holmes (Eastleigh) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
We are determined to ensure that domestic abuse victims secure access to justice and the protection of the law. The changes we are making to the legal aid means test mean that more than 2 million more people in England and Wales will be eligible for civil legal aid each year. Domestic abuse victims in receipt of universal credit will not be means-tested when applying for protective orders, effectively fast-tracking access to legal support and the protection of the courts.
Paul Holmes
I welcome the new policy, which means that domestic abuse victims who cannot access joint assets controlled by their abuser will no longer have those disputed assets counted towards their eligibility for legal aid. Does the Lord Chancellor agree that this will help to secure access to justice for survivors when their abusers try to continue to control them after they have split?
Alex Chalk
I agree wholeheartedly. My hon. Friend puts it well. Disputed assets such as the family home are by their nature illiquid and inaccessible. Worse still, they may be controlled by the abuser. By ensuring that those assets are not taken into account when deciding whether to grant legal aid, we are helping to ensure that victims of DA can access that vital legal support and, with it, the essential protection of the courts.
Andrew Gwynne (Denton and Reddish) (Lab)
Extending legal aid eligibility to 2 million extra people is great, but eligibility is not the same as access to legal aid services, which have been collapsing in the last 18 months. We have seen a 20% reduction in housing legal aid providers, 21% less mental health support, 27% less welfare support and 30% less immigration and asylum support. There is a crisis in access to fair justice. What is the Secretary of State doing about that?
Alex Chalk
I am delighted to say that we are expanding access to legal aid to more than 6 million more people in total. Let me pay tribute to legal aid lawyers, who have an exceptionally important role in ensuring that individuals have access to justice. What we will not do on the Government Benches is demonise legal aid lawyers. I was in practice as a legal aid lawyer. Charlie Falconer has admitted that he regrets that the Labour Government demonised “fat cat” lawyers. It was not true then, and it is not true now. We will support legal aid lawyers.
Christian Wakeford (Bury South) (Lab)
Ruth Jones (Newport West) (Lab)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Through the rape review, we are making strong progress in our ambitions to increase the number of referrals to the Crown Prosecution Service, CPS charges and Crown court receipts for adult rape cases back to 2016 levels. Incidentally, 2016 levels are ambitious, given convictions in that year were 30% higher than in 2010. According to the latest quarter of data, we are on track not just to meet but to beat each ambition. Adult rape prosecutions continue to rise, up 44% in the last year, meaning that more people are being put on trial for this devastating crime than in 2010. There is further to go, but it is important and welcome progress.
Christian Wakeford
Is it any wonder that women do not come forward when they have been raped? Not only is there a 1% chance of the perpetrator being charged, but women have to wait nearly three years for a result. Recent figures from Rape Crisis show that victims and survivors of rape and other serious sexual offences wait the longest to have their experiences heard in court, with an average wait of 839 days from report to completion in court. The delays are having a devastating impact on victims and survivors, leading to deteriorating mental health and wellbeing and survivors attempting to end their life as a result. The Government have given up on protecting women and girls, have they not?
Alex Chalk
I regret that language. As a matter of fact, convictions are at or around the 2010 level. If the hon. Gentleman wants to suggest that rape was decriminalised in 2010, he is welcome to, but it is completely untrue. The number of prosecutions is higher this year than it was in 2010. Of course we must continue to invest in supporting victims—that is why we have 800 independent sexual violence advisers to accompany those victims on what can be a difficult and traumatic journey. How many were there in 2010? There were a handful.
Ruth Jones
There were 580 rapes recorded by Gwent police for the year ending March 2022. Given that, as we have heard, across England and Wales only 1.3% of rape cases result in a charge, will the Secretary of State tell me how many Gwent cases resulted in a successful prosecution and what is being done to increase prosecution rates?
Alex Chalk
The statistic that the hon. Lady just cited is completely wrong. Let me make a couple of points. The number of rape convictions is at or around the level it was in 2010. The number of cases passed by the police to the CPS for charge is up 130%. The number of cases charged is up more than 90%. The number of cases received in the Crown court is up more than 120%. Of course there is more to do. Of course work needs to take place, but the system is recovering very well. People are getting justice and those rapists are being convicted, punished and disgraced. Finally, the sentences they receive are around a third longer than the sentence they received in 2010. That is just deserts for wicked rapists.
Dame Maria Miller (Basingstoke) (Con)
My right hon. and learned Friend is absolutely right that support for victims has been essential in increasing the number of cases taken to court. As he said, the numbers have risen significantly in the last 12 months. Could he outline what more he is doing to speed up the time taken to get a case to court, because that time waiting can leave victims not only distressed but potentially walking away from a case that would otherwise come to court?
Alex Chalk
My right hon. Friend is absolutely right to make those balanced and fair observations. To try to assist victims, there are a few really important things. Rolling out section 28s ensures that individuals can get their account recorded on tape; that is done whatever then happens in the court process. The independent sexual violence advisers and the independent domestic violence advisers, whom I have talked about, make an enormous difference. Through the victims code, we want to ensure that individuals get the support they need from victims’ services, have the opportunity to go on court familiarisation visits, make victim personal statements and are kept updated by the officer on the case as it proceeds. All those things are critical to ensuring that victims are not spectators of the criminal justice system, but participants in it.
Edward Timpson (Eddisbury) (Con)
The section 28 achieving best evidence video interviews to which my right hon. and learned Friend refers are there to support vulnerable witnesses and to help to secure not only a charge but a conviction. However, yesterday, during a Justice Committee evidence session, we heard from senior King’s Counsel that there were incidents where such cases were being de-prioritised because of the backlog in the criminal courts, on the basis that in essence the evidence-in-chief had already been taken. Is my right hon. and learned Friend aware of that issue? If not, will he look into it further and report back to the Committee?
Alex Chalk
I am grateful to my hon. and learned Friend for raising that important point. As he knows, listing—prioritisation; which case gets called first—is a matter for the independent judiciary, but he raises important issues. I would be happy to look at them and to discuss them with him, if appropriate, in due course.
Giles Watling (Clacton) (Con)
Rob Butler (Aylesbury) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Our prisoner transfer agreement with Albania came into force in May 2022. Between January 2021 and December 2022, 1,441 Albanian foreign national offenders were returned to their home country from custody and the community. To build on that, we announced a new arrangement with the Albanian Government in May 2023 to speed up prisoner transfers, with an additional 200 of the most serious offenders able to be sent back to serve their sentences in Albania—good news for the rule of law and good news for the British taxpayer.
Giles Watling
I am very grateful to my right hon. and learned Friend for his work on Albania, illegal migrants and returning offenders. We pay £40,000 a year to maintain a prisoner in their cell and we do that for foreign prisoners, too. Will my right hon. and learned Friend seek to make more arrangements with other countries to return their offenders, thus saving the taxpayer money?
Alex Chalk
My hon. Friend is absolutely right. It is an expensive business to incarcerate people. The UK has over 100 prisoner transfer agreements. We are working hard to ensure that existing PTAs work as effectively as possible and deliver value for money for the taxpayer by removing FNOs to their home countries. My Department also has ambitions to secure PTAs with new countries. We are engaging with our counterparts in target countries to advance that. I will update the House in due course.
Marco Longhi
May I, too, thank the Secretary of State and the Prime Minister for the difference the agreement with Albania is making in reducing arrivals? Germany, a member of the ECHR, refuses to even allow claims from Albanians. Will the Secretary of State therefore consider derogating from the ECHR, as German appears to have done and as we did over prisoner voting, to further build on that success?
Alex Chalk
My hon. Friend has raised an important point. In the five months to the end of May, Albanian small boat arrivals were down by 90% on last year, and we have returned 1,800 illegal migrants and foreign criminals to Albania. Thanks to changes in our asylum system, we have gone from accepting one in five Albanian asylum claims to accepting just one in 50, in line with other European countries such as Germany.
Rob Butler
I am grateful to my right hon. and learned Friend for the progress that he is making in the removal of Albanian prisoners from our jails. I know from my time in his Department that they make up a sizeable proportion of the foreign national offenders whom we have in custody here. Does he agree that, at a time when our prisons are so close to capacity, the return of foreign prisoners to their own countries is important to ensuring that our hard-working and skilled prison officers can focus their work on the rehabilitation of offenders who will eventually be released into their local communities here in the UK?
Alex Chalk
My hon. Friend is entirely right. I am glad that he has raised the issue of rehabilitation because, as he says, when prisons can run a full regime, the opportunities for rehabilitation are optimised. I recently visited HMP High Down to see prisoners being trained in a brand new, purpose-built warehouse. They are learning the skills that they need for life on the outside and that work is bearing fruit. The percentage of prisoners in work six months after release has doubled in the last year, and that means a better chance for them to go straight and a better chance for the community not to have to suffer from crime.
Andy Slaughter (Hammersmith) (Lab)
If the Secretary of State were doing a good job of returning foreign prisoners, we would expect to see overcrowding coming down, but on a recent visit to Wormwood Scrubs prison I found, increasingly, that two people were occupying a one-person cell without a shielded toilet, and that time out of cell was between one and two hours a day. If the Secretary of State is proud of his record, will he collect and publish those statistics? At the moment, his Department is refusing even to collect the time out of cell figures.
Alex Chalk
Those statistics are not published, but I thank the hon. Gentleman for going to HMP Wormwood Scrubs, because I think it is important for Members to visit prisons.
When it comes to the additional numbers in custody, the key element is the number of people on remand, which, as I have said, has risen by between 4,500 and 5,000 since the period before the pandemic. That is important, not only because those people have not necessarily been convicted of any crime and all Members should have some concerns about people being in custody for a long period, but because some have been recalled. Of course we will work to drive down the number of foreign national offenders, but, as I have said, the principal issue that we are facing at present is that of remand prisoners.
Jim Shannon (Strangford) (DUP)
As always, I thank the Secretary of State for his answers. I know that our Ministers and our Government always maintain the highest human rights standards, and the highest standards in respect of prison conditions. Can the Secretary of State assure me that, when it comes to the transfer of Albanian prisoners, those high standards will be maintained in respect of both prison conditions and human rights?
Alex Chalk
The hon. Gentleman is right to raise this matter. Yes, we will be robust, but we will also be fair, and being fair means ensuring that basic standards relating to human behaviour and the way we treat our fellow human beings are upheld. When, as part of our robust arrangements with Albania, 200 of the most serious offenders—each costing us about £40,000 a year—are transferred there, that will happen in a dignified and appropriate way, and they will be serving in conditions with which both the hon. Gentleman and I will feel comfortable.
Alison Thewliss (Glasgow Central) (SNP)
The UK Government are reportedly paying jailed Albanian offenders £1,500 to return to their country of origin as part of an early release scheme. Can the Secretary of State tell us how many of those whom he has sent back have been eligible for that money, and how—given that one of them has told the BBC that he plans to come back to the UK within days or weeks of his release—he can be sure that this scheme is an effective deterrent?
Alex Chalk
Let me begin by saying that I know the hon. Lady is standing in for the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), and we wish him an early recovery. I will write to her about specific numbers but, on the issue of early removal, it is absolutely right that, if individuals who have served a requisite period in our jails can be sent back to their home countries, we should send them there, because of the cost to the British taxpayer but also because the capacity is needed to run a full rehabilitative regime. This policy is not controversial across parties and we are committed to upholding it.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Tackling violence against women and girls is a driving mission of this Government, and we are delivering on it in three ways. First, we have created and are creating new offences, such as revenge porn, and coercive and controlling behaviour, so that abusers have no place to hide. Secondly, we are increasing penalties so that offenders are not just convicted and disgraced, but punished in a way that fits the crime and protects victims. Thirdly, we are supporting victims by quadrupling the funding for victim and witness support services.
Catherine West
Today, tragically, 300 women in Britain will be raped. Under this Government’s watch, in three of those cases there will be a charge. Under this Government’s watch, charging numbers have plummeted. What are the Government going to do about it?
Alex Chalk
What we are not going to do is come up with statistics that are completely untrue. This is incredibly important, because people listen to what the hon. Lady has to say and it is simply wrong to send a message out that people are not being prosecuted. Let me make one thing crystal clear: more people have been prosecuted for rape in the last year for which statistics are available than was the case in the last year of a Labour Government. That is an important point. If I may, I will read out something so that she understands this, because people are getting justice all the time. It relates to one of the new Nightingale courts that we have set up, in Cirencester. Let me tell her what happened when two victims spoke out as their rapist had been sent to prison for 25 years recently. Victim B said:
“I would just like to say how happy I am with the whole criminal justice system. I wasn’t sure whether to go”—
to the police—
“due to being scared and thinking nobody would believe me. If there is anyone out there with the same situation I encourage them go forward as soon as possible”.
Of course there is more to do, but people are being convicted, people are being put on trial and rapists are being punished.
Alex Davies-Jones
The Domestic Abuse Act 2021 is vital. It finally introduced a full statutory definition of domestic abuse and banned the horrendous cross-examination of victims by their abusers. However, the Act also rolled out controversial polygraph lie detector testing of high-risk domestic abuse perpetrators. Will the Secretary of State meet me and other members of the all-party parliamentary group on perpetrators of domestic abuse to discuss our concerns that polygraphs are pure pseudoscience and have no place in otherwise vital legislation?
Alex Chalk
The hon. Lady raises an important and sensitive issue. She is right to say that polygraph results have to be handled with care. That said, that testing has been shown to be one of a number of important risk management tools in monitoring the compliance of high-risk sexual offenders with their licence conditions. In the way it is used by the probation service, polygraph is 80% to 90% reliable when indicating deception. However, she raises this important point and of course I would be happy to meet her to discuss it further.
Liz Twist
It is two years since the Government’s rape review, which the Secretary of State referred to earlier, but too many rape victims are still being failed by the criminal justice system, at every stage of the process. Although it is good to hear those positive reviews, too many women are not experiencing this. So what more are the Government going to do to step up the work to ensure that dealing with rape is a priority?
Alex Chalk
The hon. Lady is absolutely right to talk about this issue, as indeed are all right hon. and hon. Members. All I respectfully plea for is some balance in the way we discuss this sensitive issue. Let me say something on the recovery that has taken place. The number of cases passed by the police, after having investigated the matter, to the Crown Prosecution Service for consideration of charge is up by more than 130%; the number of cases where the CPS decides to charge is up by more than 90%; and the number of cases that come to the Crown court is up by more than 120%. I am not suggesting that the job is done—of course it is not, and we need to support victims. That is why we invest in independent domestic violence advisers and independent sexual violence advisers; why we ensure that section 28 is rolled out; and why we have the specialist sexual violence support services in court. That is why we do all these things, and will do more: it is because we want to ensure justice for victims of this appalling crime.
Chris Elmore (Ogmore) (Lab)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Our prisoner transfer agreement with Albania came into force in May 2022. To build on that, as I have mentioned before, we announced a new arrangement with the Albanian Government in May this year to speed up prisoner transfers to Albania of the most serious offenders. The Government will energetically pursue bilateral agreements with EU partners and wider-world partners wherever possible.
Mr Hollobone
Will the Secretary of State confirm that out of a prison population of 85,000, about 10,000 prisoners—12%—are foreign national offenders? He said earlier that we have over 100 prisoner transfer agreements, but only a handful of them are compulsory, where we send prisoners back whether they want to go back or not. Can we have more compulsory prisoner transfer agreements with countries that have a large number of nationals in our jails?
Alex Chalk
I thank my hon. Friend for raising this issue consistently—he was raising it when I first came to the House in 2015, and he is absolutely right to do so. Yes, we will continue to work on the issue. At the risk of stating the obvious, those agreements have to be agreed to by the other nation, but I can assure him that those matters are getting very close focus and attention.
Ian Byrne (Liverpool, West Derby) (Lab)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
I am pleased to be able to say that we are committed to bringing forward legislation to enable offenders to be compelled to attend their sentencing hearing. Offenders who rob innocence, betray lives and shatter families should be required to face the consequences of their actions and hear society’s condemnation expressed through the sentencing remarks of the judge.
Ian Byrne
I have recently tabled an early-day motion to put it on record in the House formally the pain that the wilful absence of an offender at a sentencing hearing causes bereaved families. Will the Secretary of State explain why provisions cannot be included in the Victims and Prisoners Bill to change that? Will he meet me and Cheryl Korbel to discuss when legislation will be brought forward and how bereaved families can be at the heart of shaping a change in the law, to ensure that no bereaved family who has to suffer in the fight for justice will face that situation at sentencing ever again?
Alex Chalk
I thank the hon. Gentleman for raising this case and for rightly identifying the anguish, pain and insult that families feel when a cowardly defendant refuses to attend court. On his specific question, he will understand that there are issues of scope and all sorts of things as to whether legislative measures can be included within certain Bills, but of course I will be happy to discuss that with him. The central point, however, is that there is a cross-party belief that there needs to be some legislative progress—we are committed to that as well.
Ellie Reeves (Lewisham West and Penge) (Lab)
I have listened to what the Secretary of State has said, but the Government have had 13 years to compel criminals to attend courts to hear their sentences. The Government’s failure to do that has meant that in the last year alone the killers of Olivia Pratt-Korbel, Zara Aleena and Sabina Nessa have all avoided hearing their sentences, and avoided hearing the impact that their callous crimes have had on the families left behind. Will the Government urgently make this simple change, and stop cowardly offenders from evading their sentencing hearings?
Alex Chalk
The hon. Lady raises an important point by referring to those three cases. What concerns me is that one defendant’s actions could be copied by others, who take the view that that is somehow a way of getting away from the consequences of their actions. She makes it a political point—we are in the House of Commons, so I totally understand that—but I could equally make the point that the legislation was not changed pre-2010 either. We have seen the anguish caused by these actions, so let me make the point that I want to know that when an offender is sitting in a cell, trying to get to sleep when the rest of the world is getting to sleep, the judge’s words of condemnation are ringing in their ears. There are victims who find it hard to ever recover, so why should that defendant ever be able to sleep soundly in their bed?
Marion Fellows (Motherwell and Wishaw) (SNP)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
The Illegal Migration Bill will break the business model of people-smuggling gangs, deter migrants from making dangerous channel crossings and restore fairness to our asylum system. The Bill will provide a robust but fair legal framework to remove illegal migrants swiftly while ensuring that proper opportunity to appeal remains. I am working closely and regularly with Cabinet colleagues on the implementation of the Bill.
Marion Fellows
I thank the Minister for his answer. The Illegal Migration Bill would prevent UK courts from granting an interim remedy to delay the removal of an individual while their judicial review claim is heard. Is that not a fundamental attack on the rights of an individual to access the courts? Does he really believe that an asylum seeker will be able to participate effectively in a judicial review if they are already in Rwanda?
Alex Chalk
This is a fair country and we will always take what proper steps we should to ensure that individuals’ rights are upheld. I respectfully say this: as well as considering those migrants who come across the channel, the hon. Lady needs to think about those migrants on the north coast of France who are thinking about whether to put their lives into the hands of people traffickers. We need to send a clear message that they should not do so. I also say respectfully that she should think about the rights of the British people who are having to fund a great deal of this. We will be fair, but we will also be firm and make no apology for either.
Anna Firth (Southend West) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Since the last oral questions, I have brought forward measures in the Economic Crime and Corporate Transparency Bill to tackle strategic lawsuits against public participation—so-called SLAPPs—to give courts the power to dismiss lawsuits aimed at gagging campaigners and journalists who oppose financial misconduct. In the past week I have met victims and their families, including Georgia Harrison, to discuss new measures to tackle intimate image abuse, and Farah Naz, the aunt of tragically murdered Zara Aleena, to discuss compelling offenders to attend their sentencing hearing. I visited Snaresbrook Crown court, and HMP High Down where I opened a brand new DHL logistics workshop, which is supporting prisoners to learn the skills they need to turn their lives around.
Anna Firth
According to the Government’s own statistics, 18% of knife possession offences involve juveniles, which is of great concern to my constituents in Southend West. What consideration is being given to increasing the sentence for those supplying a knife to an under-18, which is currently only six months? Should that not be the same as possession of a knife, which is currently four years?
Alex Chalk
We keep all these matters under review and my hon. Friend will know well that the role of a knife in the commission of criminal offences is already reflected in the criminal justice sentencing rules. For example, the starting point for a murder that is committed with a knife that is brought to a scene is considerably higher than it is in other circumstances. We also wish to ensure that knives do not get into prisons, which is why, as part of our £100 million security investment programme, we have funded enhanced gate security in 42 high-risk prison sites. On the issue of sentencing, we keep all matters under review, and I would be happy to discuss that with my hon. Friend.
Steve Reed (Croydon North) (Lab/Co-op)
May I add my congratulations to Dame Sue Carr on her historic appointment?
When he was Chancellor, the current Prime Minister let the murderous boss of Russia’s mercenary Wagner Group, Yevgeny Prigozhin, bypass sanctions so that he could abuse our courts to silence a British journalist who was exposing his crimes. Why did the British Government side with this Russian war criminal over the British press?
Alex Chalk
No, no, no—that is to completely misrepresent the situation. As the hon. Gentleman knows, we have one of the most robust systems of sanctions; whether in an individual case money can be released is at the discretion of an arm’s length body. Of course the Chancellor was not seeking to do that, and to suggest that, I am afraid, is discreditable.
Steve Reed
What is disappointing is that the Government’s proposed reforms in the economic crime Bill would still allow warlords to use these tactics to silence journalists in the British courts, but there is another area of concern as well. Will the Secretary of State confirm—because this is an area of doubt—whether the reforms he is proposing would prevent wealthy tax dodgers from silencing journalists in court, as the right hon. Member for Stratford-on-Avon (Nadhim Zahawi) threatened to do when he was Chancellor of the Exchequer?
Alex Chalk
I hope the hon. Gentleman will join me in welcoming the measures on SLAPPs, because it is very important to ensure that those people do not use their financial advantage to try to snuff out freedom of speech, legitimate investigative journalism and all the things we want to see in a free and fair society. By common consent, the measures we are introducing will make a very significant difference. We remain open to going further and to considering further matters, but we need to take it in stages. We are looking to manage the balance between freedom of speech and people’s right to access justice. These are important steps and have been widely welcomed, so it is right to see how they bed in.
Henry Smith (Crawley) (Con)
Alison Thewliss (Glasgow Central) (SNP)
Anyone’s Child has a mass lobby of Parliament today, calling for reform of the UK’s failed and outdated drugs laws. Will a Justice Minister be meeting anybody from Anyone’s Child to hear their case for supporting, not punishing, those who take drugs and their families?
Alex Chalk
I do not have plans to do so, I confess, but if the hon. Lady is to have those conversations, I invite her to consider writing to me afterwards; if there are matters we can take up, I would be happy to do so.
Sir Edward Leigh (Gainsborough) (Con)
Alex Chalk
No one is a more doughty defender of the people in his constituency who are concerned about matters relating to Scampton than my right hon. Friend. This is principally a Home Office matter, as he knows, but the points he has made will have reverberated not just in this Chamber but, I am sure, all the way down the road to Marsham Street.
David Linden (Glasgow East) (SNP)
Alex Chalk
We have already taken important steps to recalibrate disclosures so that they have to take place only when absolutely necessary, but the hon. Gentleman is right about employment. A prisoner who gets into employment is 10% less likely to commit an offence. I am delighted to see, through the huge efforts of employment advisory boards, employment advisers and employment hubs in custody, that the proportion of offenders in employment six months after release has doubled in the past year. A lot of work has been done, but of course there is further to go.
Karl MᶜCartney (Lincoln) (Con)
Earlier, the Minister was asked about the backlog of criminal court cases and answered at length regarding Crown courts. On behalf of magistrates and magistrates court staff, can we have an update on the situation with magistrates courts, please?
Helen Hayes (Dulwich and West Norwood) (Lab)
Alex Chalk
The hon. Lady is absolutely right that people should have the opportunity to see justice done, and justice is done not simply by getting an injunction—important though that may be—but by ensuring that an abuser hears the clang of the prison gate in appropriate circumstances and if that is what the court orders. I do not know specifically what happened in that case, but I can say that, under the victims code, individuals have the opportunity to raise issues with the CPS. Supposing that they were seeking to drop a case, there is now a victim’s right to review—to say to the CPS, “Look again at this.” Equally, there is the opportunity for court familiarisation visits or special measures applications. That is all about ensuring that, where they want to, victims have their day in court and see justice done.
Jonathan Gullis (Stoke-on-Trent North) (Con)
My understanding of the law presently is that if someone is driving a motor vehicle and they kill an individual, their blood can be taken without their consent, but the blood cannot be tested unless the defendant gives their consent, and if the defendant refuses to give consent, that is accepted as guilt in the eyes of the law. That meant that Claire, the mother of six-year-old Sharlotte-Sky, who tragically lost her life in Norton Green due to John Owen, who was on drink and drugs, waited over a year before she got her day in court and justice. Will the Lord Chancellor back my campaign for Sharlotte’s law to be introduced?
Alex Chalk
My hon. Friend has been a doughty champion on this issue and he continues to raise it. I suggest that he and I have a conversation in due course.
Cat Smith (Lancaster and Fleetwood) (Lab)
When my constituent reported her rape to the police 14 months ago, she also revealed that the rape had been videoed by the perpetrator. The police are now in possession of the mobile phone that this has been recorded on, but she is still waiting for her justice and her day in court. Could the Minister say how long my constituent might expect to wait to get justice?
James Sunderland (Bracknell) (Con)
Waitrose is based in my constituency, and in recent meetings with the partners and with other supermarkets, it has raised with me the scourge of shoplifting. Organised gangs operating with impunity across the UK are engaging in retail crime. They are often inflicting violence against workers using weapons, and they are costing supermarkets a fortune. Can we do more work on the deterrent effect of greater sentencing, and may I urge the Minister to look at whether the provisions of the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 could be rolled out in England too?
Alex Chalk
Let me make a couple of points. First, increasing the number of police officers means that there is more resource to try to ensure that the people who commit this crime—and it is not a victimless crime, by the way—are brought to book. Secondly, I am proud of the fact that we have doubled the maximum sentence for assault on an emergency worker, so that defendants can be properly punished where they have assaulted police officers, ambulance staff or potentially people who work in supermarkets, though I would query whether they are in scope.
Sarah Green (Chesham and Amersham) (LD)
One of the concerns raised with me by several victims of domestic abuse has been their experience of victim blaming in the criminal justice system. Can the Secretary of State outline what steps his Department is taking to tackle victim blaming and provide better support to survivors of domestic abuse and sexual violence?
Sir Robert Neill (Bromley and Chislehurst) (Con)
Will the Lord Chancellor confirm that it remains the Government’s intention to update and modernise our human rights law as necessary, but to do so while firmly remaining in adherence to the convention on human rights?
Alex Chalk
Yes, that is correct. Having carefully considered the Government’s legislative programme in the round, I can inform the House that we have decided not to proceed with the Bill of Rights, but the Government remain committed to a human rights framework that is up to date, fit for purpose and works for the British people. We have taken and are taking action to address specific issues with the Human Rights Act 1998 and the European convention, including through the Illegal Migration Bill, the Victims and Prisoners Bill, the Overseas Operations (Service Personnel and Veterans) Act 2021 and the Northern Ireland Troubles (Legacy and Reconciliation) Bill, the last of which addressed vexatious claims against veterans and the armed forces. It is right that we recalibrate and rebalance our constitution over time, and that process continues.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Rhianon Bragg, who was held hostage by her ex-partner, has faced multiple errors and omissions in her treatment as a victim. Given the catastrophic failings she has experienced in the criminal justice system, and with a parole hearing on 12 July, will the Secretary of State now review this case in full and support Rhianon’s call for an entire audit of the process from the victim’s perspective?
Alex Chalk
I am afraid that I did not get the first part of the right hon. Lady’s question, but if she writes to me, I will come back to her.
Rob Butler (Aylesbury) (Con)
I recently visited Aylesbury Prison, where I was very impressed with the excellent work that is being done at the establishment as it has transformed from being a young offenders institution to a category C adult jail. One particular challenge, though, is the prevalence of psychoactive drugs such as spice. What progress is my right hon. Friend making on combating this appalling and deadly substance?
Jim Shannon (Strangford) (DUP)
I am never one to miss an opportunity—thank you very much.
Does the Minister believe that there is a greater role for youth justice agencies to be involved at early stages, eliminating the need for repeated court dates if arrangements can be made with victims of crime and the offender support network to agree a mechanism of reparation and rehabilitation to reduce small offence cases in court? Do it simply—that is really what I am asking.
Alex Chalk
As always, the hon. Gentleman raises a really important issue. There can be some cases where reparation is exactly the right way to proceed, but it is case-specific. For some victims, peace and closure comes from meeting the defendant and understanding more about what prompted the crime, but other victims simply do not want that at all. It has to be taken on a case-by-case basis, but I will just make this point: one of the unnoticed things that has happened over the past 10 years is that the number of children in custody has gone down. We are diverting people from custody wherever possible so that they can have a crack at a decent future.
Judicial Conduct Investigations Office Annual Report 2021-22
Alex Chalk Excerpts(11 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
With the concurrence of the Lord Chief Justice, I will today publish the 16th annual report of the Judicial Conduct Investigations Office (JCIO).
The JCIO supports the Lord Chief Justice and the Lord Chancellor in our joint statutory responsibility for judicial discipline.
The judiciary comprises approximately 22,000 individuals serving across a range of jurisdictions. Over the past year, the JCIO received 1,817 complaints against judicial office-holders. Thirty-three investigations resulted in disciplinary action.
I have placed copies of the report in the Libraries of both Houses, the Vote Office and the Printed Paper Office.
Copies are also available online at:
https://www.complaints.judicialconduct.gov.uk/reportsandpublications/
[HCWS847]
Justice
Alex Chalk Excerpts(11 months, 1 week ago)
Ministerial CorrectionsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
On her specific point, what I think is exciting and heartening about the Bill is that it contains a duty on the Secretary of State and police and crime commissioners not just to promote awareness of the code —important though that is—but to promote compliance. If there is not compliance, there is also a duty, effectively, to publish that, so that it is plain for everyone to see. The local PCC will be publishing that, which means that the hon. Lady can get some accountability.
[Official Report, 15 May 2023, Vol. 732, c. 586.]
Letter of correction from the Lord Chancellor and Secretary of State for Justice, the right hon. and learned Member for Cheltenham (Alex Chalk):
An error has been identified in the response given to the hon. Member for Birmingham, Yardley (Jess Phillips) during the Second Reading debate on the Victims and Prisoners Bill. The correct response should have been:
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
On her specific point, what I think is exciting and heartening about the Bill is that it contains a duty on the Secretary of State and criminal justice bodies not just to promote awareness of the code—important though that is—but to promote compliance. If there is not compliance, there is also a duty, effectively, to publish that, so that it is plain for everyone to see. The Secretary of State will be publishing that, which means that the hon. Lady can get some accountability.
Oral Answers to Questions
Alex Chalk Excerpts(12 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Dean Russell (Watford) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Ingeniously done, Mr Speaker.
The successful delivery of the pledge to recruit 20,000 additional police officers is good news for victims, good news for the rule of law and bad news for criminals. It is already contributing to more offences being investigated and charged and more offenders being brought to justice in our courts.
Dean Russell
For the past two years, I have had the privilege of attending the Josh Hanson memorial football tournament at the Watford football club training ground. Josh Hanson sadly lost his life at the age of 21 to knife crime. The Josh Hanson Trust, set up by Josh’s mum, Tracey, and her family, provides support for those who have lost loved ones to violent crime, and Tracey’s story is heart-breaking and inspirational in equal measure. What steps will my right hon. and learned Friend take to ensure that victims and their families are supported throughout the criminal justice process and that their voices are heard loudly and acted upon, so that justice can be served?
Alex Chalk
I am so grateful to my hon. Friend for highlighting the brilliant work of Tracey Hanson and the Josh Hanson Trust, which supports those who have lost loved ones to violent crime. Josh’s death was an appalling tragedy. Improving victims’ experience of the criminal justice system is a core mission of this Government. Our Victims and Prisoners Bill, which had its Second Reading just yesterday, will ensure that the public and victims are better protected and can have greater confidence in the system, placing the principles of the victims code on to the face of the Bill, which will make sure what victims can and should expect from the criminal justice system.
Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
As the Secretary of State just said, the additional police officers will lead to more court cases, but as we heard from the previous exchange, there is a huge backlog, which the Public Accounts Committee has looked at. When our Committee challenged his Department’s officials on this issue, we were not convinced that there has been proper planning for how those additional cases will be managed on top of the existing court backlog. Can he give us any up-to-date reassurance?
Alex Chalk
I thank the hon. Lady for the important work she does. These are relevant questions. It is important to understand that 90% of all criminal cases take place in the magistrates court, and because of the enormously good work that they did, any meaningful backlogs had been eroded by the end of 2020. She is right in respect of the Crown court—there are pressures—but as has been indicated, we are keeping 24 Nightingale courts open, increasing the amount of judicial recruitment and ensuring that victims are supported through the process. We now have 700 independent sexual violence advisers, which did not exist as little as 13 years ago, to ensure that as people wait for trials to begin, they are properly supported through the system.
Layla Moran (Oxford West and Abingdon) (LD)
Chris Stephens (Glasgow South West) (SNP)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
The Illegal Migration Bill will break the business model of ruthless people-smuggling gangs, deter migrants from making dangerous channel crossings, and restore fairness to our asylum system. The Bill provides a robust but fair legal framework to remove illegal migrants swiftly while ensuring the proper opportunity to appeal remains. I am working closely with colleagues on the implementation of the Bill.
Patrick Grady
Access to justice is a basic human right, and judicial review is a particularly vital safeguard against unlawful state decision making, so why are the Government blocking the opportunities for judicial review in the Illegal Migration Bill? Does that not reflect a Government who are perhaps not so confident about the actual legality of the Bill?
Alex Chalk
No, absolutely not. Access to justice is at the heart of the Bill, and indeed we make sure that where it is necessary, people can have the legal advice to make those points. But the hon. Gentleman’s question is a little rich in circumstances where the SNP seems hellbent on getting rid of jury trials in some of the most significant cases. We are absolutely clear that juries are the lamp of our liberty. We will not be getting rid of them—why is the hon. Gentleman so keen to do so?
Chris Stephens
In relation to that answer, as Lord Reed set out clearly in the Supreme Court in 2017, the principle of “unimpeded access” to the courts is a right that can be traced all the way back to Magna Carta. How will the courts be able effectively to uphold the rule of law if the UK Government use legislation to shut off legal avenues for judicial review?
Alex Chalk
Respectfully, the hon. Gentleman may not have quite read the entirety of the Bill, which makes it clear that in appropriate cases where there is an imminent risk of serious and irreversible harm, there will be the opportunity to make those points. He mentions Magna Carta; Magna Carta also includes the right to be tried by a jury of one’s peers, which he apparently wants to get rid of. I am interested to note that one of the most effective critics of that proposal was none other than the most eminent Scottish jurist Lord Hope of Craighead.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
I start by congratulating the new Justice Secretary on his appointment: he has always come across as a measured and principled parliamentarian, and someone who is very serious about the rule of law. But what better way to trash that hard-earned reputation than by penning a joint opinion piece with the Home Secretary in defence of the outrageous Illegal Migration Bill, which blatantly trashes four international rights conventions and which the Law Society itself has warned has serious implications for the UK’s standing as a country that upholds the rule of law? Why is the Justice Secretary defending the Home Secretary instead of the rule of law?
Alex Chalk
The rule of law is absolutely essential to who we are as a nation. It does mean, on the one hand, that no one should be mightier than the law and we should all be accountable equally before it, but it also means that where there are those who break the law—I pause to note that arriving illegally in the UK has been against the law for decades—there must be consequences. If there are not, the rule of law is brought into disrepute. That would be bad for our country and, indeed, for the international rules-based order.
Nadia Whittome (Nottingham East) (Lab)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
I am looking carefully at the full range of the Department’s work before setting out plans in detail.
Nadia Whittome
The Human Rights Act 1998 is an essential piece of legislation that protects us all from abuses of power, yet the Bill of Rights Bill proposes to scrap it, weakening human rights protections in UK law and making it harder for people to hold the Government and other public bodies to account. If the Minister will not answer my question about the Bill’s future, can he at least commit to keeping the Human Rights Act on the statute book?
Alex Chalk
Human rights are important. I refer the hon. Lady to the answer I gave a few moments ago.
Alex Chalk
My hon. Friend makes powerful points, and they are borne very much in mind.
Ellie Reeves (Lewisham West and Penge) (Lab)
I welcome the Justice Secretary to his place. Positive obligations are a cornerstone of the Human Rights Act 1998. They mean that the state must protect as well as refrain from restricting our rights. The victims of the black cab rapist John Worboys used these obligations to hold the police to account for failing to properly investigate more than 105 alleged rapes and sexual assaults perpetrated by him. How can this Government be trusted on ending violence against women and girls when the previous Justice Secretary, the right hon. Member for Esher and Walton (Dominic Raab) wanted to rip up that Act and those obligations? Will the new Justice Secretary commit himself to protecting them and the rights they give to victims?
Alex Chalk
The rights that the hon. Lady refers to derive from the European convention on human rights: the right to life, the privilege against torture and inhumane or degrading treatment, the right to a fair trial, the right to a family life, and so on. Those stand apart from the Human Rights Act, but she is correct to say that they are important rights. The only thing I would take issue with is where she talks about violence against women and girls. It is the Conservative party that made coercive and controlling behaviour a criminal offence—Labour did not. It is this party that made stalking a criminal offence—Labour did not. It is this party that made non-fatal strangulation a stand-alone criminal offence—Labour did not. And it is this party that passed Acts such as the Domestic Abuse Act 2021 and will pass Acts such as the Victims and Prisoners Bill to ensure that victims are properly served.
Alex Chalk
Human rights matter. I refer the hon. Gentleman to the answer I gave a few moments ago. I reiterate this point, because it is important: one of the most vital aspects of access to justice is the right to be tried by a jury of one’s peers. That matters, because it is a bulwark against the power of an overweening state. He should know that. Why is he playing so fast and loose with hard-won Scottish freedoms?
Nicola Richards (West Bromwich East) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Sorry, Mr Speaker; I was so excited giving that last answer. SLAPPs involve abusing the legal process to shut down legitimate investigations and criticisms that wealthy individuals might find inconvenient. We will introduce a new statutory definition, an early dismissal process to strike out SLAPP litigation and protections against excessive legal costs. We are looking closely at a number of legislative avenues to pursue that.
Nicola Richards
For too long, Russian oligarchs have used SLAPPs to attempt to frustrate journalists from exposing their actions. Journalist and author Catherine Belton and her publisher were left with a £1.5 million bill after libel actions were brought against her for her book “Putin’s People”. Will the Minister agree to do as much as possible to prevent this exploitation of the UK courts?
Alex Chalk
I thank my hon. Friend for making that case so powerfully, and she is right. SLAPPs do represent an abuse of the legal system, as they rely on threatening tactics to silence individuals who act in the public interest. The Government are committed to preventing exploitation of UK courts by legislating against SLAPPs at the earliest opportunity, and we are considering that in legislation already before Parliament.
Rob Butler
As the new chair of the all-party parliamentary group on media freedom globally and a former journalist myself, I am very concerned about SLAPPs. The name says it all: they are strategic litigations against public participation. They are abusive lawsuits designed to shut down the exposure of important facts by journalists, among others. I am pleased to hear what the Lord Chancellor has said. Could he give the House a little bit more detail on the potential scope of the legislation, and just reiterate what a difference it will make for the freedom of the press?
Alex Chalk
My hon. Friend is absolutely right in his use of the word “scope”, because we have to take care with this legislation. There is a balance between speed and ensuring it is sufficiently comprehensive to achieve the policy aim. It is right to note that, if we look around other common law jurisdictions, we see that there are some occasions when such legislation has had unintended consequences that we do not want, so we want to consider that learning carefully. We will proceed carefully but quickly, with all due diligence and expedition, to make sure that it achieves the policy aims.
Catherine West (Hornsey and Wood Green) (Lab)
I warmly welcome the Secretary of State’s answer to the question from the hon. Member for West Bromwich East (Nicola Richards), but how can he introduce fresh challenges for the Department when the backlog is so severe? A visit to Wandsworth prison at Easter with a cross-party group of MPs showed that 75% of prisoners were still waiting for a basic sentence. [Interruption.] While he is reassessing his priorities—and introducing new things such as legislation on SLAPPs—will he reconsider the day job and the bread-and-butter work of getting through the backlog, so that three quarters of prisoners actually get their sentence and victims get justice?
Mr Speaker
Order. Can I just say that I love the imagination, but we have to be careful not to overstretch these questions. Secretary of State, are you happy to have a go?
Alex Chalk
I will give it a go, Mr Speaker. The question was ingenious, and I commend the hon. Member for it. Capacity is critically important—absolutely—and I want to stress, because people will be listening to this, that in 90% of the cases that take place in magistrates courts there are not those difficulties. However, it is true that we are expanding capacity, which is why there are more judges and there are 24 Nightingale courts. List officers are ensuring that we are getting through some of these most sensitive cases as quickly as possible, and the backlog in the Crown court—the case load in the Crown court—is coming down. We are seeing progress, and it is going to accelerate.
Clive Efford (Eltham) (Lab)
Getting back to SLAPPs, they are, as the Secretary of State has accepted, closing down public debate and public exposure of corruption. They are also being used against people who work for the enforcement agencies, such as the Serious Fraud Office, where individuals have been targeted. The Secretary of State has said that he intends to legislate, but can he tell us when he is likely to do that, because the Government have been making these noises for a very long time and what we need is action?
Alex Chalk
Absolutely. The position is that we will do so at the earliest opportunity. As I said before, we are even considering this in legislation before the House at the moment, so I hope that that gives the hon. Member an indication of the urgency. However, the point to note is that it is very easy to say “anti-SLAPPs legislation”, but if we look at other jurisdictions, we see that that can be in the form of costs orders that can have unintended consequences in respect of the law of defamation. I am not suggesting that is any reason not to move quickly—we are going to move quickly—but we have to move quickly and with care. If we do not, we risk undermining the very policy objective we want to deliver.
Mr David Davis (Haltemprice and Howden) (Con)
I will remind the Lord Chancellor that we have debated this matter a number of times in this House over more than the last year, so I do encourage haste. On scope, SLAPPs encourage a lot of other bad practices. For example, we are now the global centre of illegal hacking in this country. We have a very bad record for poorly regulated private investigation, so can he make sure his review covers that as well?
Alex Chalk
As always, my right hon. Friend absolutely has his finger on the pulse of this important issue. He makes a powerful point, and I can assure him that it is being borne in mind.
Sarah Olney (Richmond Park) (LD)
Mike Freer
The hon. Lady is quite right to raise that point. The Department and the judiciary appreciate the sensitivity of such cases to ensure that the families of victims—and the victims, if they are still with us—do get their day in court so that they can see justice done as fast as possible. There can be a variety of reasons why cases are delayed. It could be about the availability of counsel, prosecutors or experts—or, in some cases, the availability of multiple defendants. I do not know the details of that case apart from it being listed for, I believe, the spring—
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
It is spring 2024.
Mike Freer
Spring 2024. If the hon. Lady would like to write with the details of the case, I can find out if there are specific reasons why it has been delayed. As I say, there can be a variety of reasons for that, and I am quite happy to get the details for her.
Gordon Henderson (Sittingbourne and Sheppey) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Employment advisory boards, chaired by business leaders across the country, do hugely important work to foster links between prisons and employers. I was delighted to attend the EAB conference just last week. Having a job reduces the reoffending rate by up to nine percentage points. That is good for society and for the offenders who turn their lives around. That is why we have rolled out boards to 92 resettlement prisons ahead of schedule.
Gordon Henderson
I welcome the Secretary of State’s response. I recently visited HMP Swaleside, where I witnessed good work done by the excellent employment advisory board, including the setting up of the internal distribution centre run by prisoners and supplies prisons across the estate. I am sure that members of the employment advisory board, the governor, prison staff and prisoners themselves would get a big lift if the Prisons Minister, my right hon. Friend the Member for East Hampshire (Damian Hinds), would find time in his busy schedule to visit the Isle of Sheppey and see for himself this fantastic initiative.
Alex Chalk
I am grateful to my hon. Friend for raising that issue. I know the prison that he speaks of. He is right to highlight the brilliant work of Paul Barrett of Barretts Motor Group, who is bringing that work to HMP Swaleside. Thanks to his hard work we are seeing a dramatic improvement in the percentage of prisoners in employment six months after release—it is up 9% in just a year. When the latest figures come out, I think my hon. Friend will see an even greater increase. That really matters. My right hon. Friend the Prisons Minister is already planning a trip to the Isle of Sheppey to see those initiatives in action.
Maggie Throup (Erewash) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
I am delighted to have been appointed Justice Secretary and Lord Chancellor. The rule of law, access to justice and the independence of the judiciary are the bedrock of a safe, free and fair society. It is an honour to continue this Government’s work to deliver a justice system that puts victims of crime first and ensures fairness for all.
Since my appointment I have taken the Victims and Prisoners Bill through its Second Reading, just yesterday. It is an important Bill that will improve the service that victims receive and strengthen our parole system. I have announced the introduction of 13,000 body-worn cameras to help keep our prisons safe and secure. I was pleased to meet the dedicated staff at HMP Isis, who work tirelessly to provide a safe and rehabilitative environment. I have also had introductory meetings with the legal sector, and look forward to engaging more with our excellent legal professionals in the weeks and months ahead.
Maggie Throup
May I welcome my right hon. and learned Friend the Justice Secretary to his rightful place?
In welcoming the measures designed to protect children in the Government’s Online Safety Bill, will my right hon. and learned Friend outline what further action his Department is taking in relation to the criminal justice system to improve prosecution rates for serious offences involving minors, particularly in relation to sex offenders who target young people online?
Alex Chalk
My hon. Friend is absolutely right to raise this point. The Government have invested significantly in new capabilities for law enforcement, including our specially trained network of undercover online officers, to arrest offenders committing online child sexual abuse. Co-ordinated National Crime Agency and policing activity against those offenders is currently resulting in over 800 arrests per month, and we have also delivered a further £4.5 million for organisations supporting victims and survivors of child sexual abuse.
Steve Reed (Croydon North) (Lab/Co-op)
I am delighted to welcome the Secretary of State to his place for the second day running. I have been reading his speeches with interest. He once said the Conservatives should
“do away with the argument that…we are somehow soft on crime.”—[Official Report, 2 July 2018; Vol. 644, c. 90.]
Is it not “soft” to tell judges that they cannot lock up dangerous criminals?
Alex Chalk
Let us just get a few things absolutely clear. We believe in criminals spending longer in custody. It is strange that when there was the opportunity to vote for rapists and serious violent criminals to spend two thirds of their sentence in custody, the hon. Gentleman voted against that. Indeed, I happen to remember, from when I was at the Bar, that his party did exactly the same in the Criminal Justice Act 2003. Whereas previously, people serving sentences over four years would serve two thirds of their sentence in custody, they cut it to half: soft on crime, soft on the causes of crime.
Steve Reed
I am wondering whether the Secretary of State’s handover was a little rushed, because his predecessor wrote to judges and told them not to lock up dangerous criminals, because the Government have run out of prison places. That sounds soft to me, because it tells criminals they can get away with crime. Will he withdraw the letter and tell judges to lock up criminals who deserve to be behind bars?
Alex Chalk
Well, criminals do deserve to be behind bars, which is why I am proud of the fact that when it comes to rape, which is an appalling crime that robs innocence and destroys lives, we have ensured that criminals convicted of that offence get prison sentences a third longer than they did in 2010. I am pleased to be able to record that the numbers convicted of that appalling offence, in the last 12 months for which figures are available, are 10% higher than under the Labour Government.
Jonathan Gullis (Stoke-on-Trent North) (Con)
Alex Chalk
I express my sincere condolences and deep sorrow to the family of my hon. Friend’s young constituent. As he knows, the provisions in the Police, Crime, Sentencing and Courts Act 2022 fulfilled our long-standing commitment to increase the maximum penalty from 14 years to life imprisonment for the offence of causing death by dangerous driving. The Department for Transport is considering the publication of a call for evidence on motoring offences. While work is continuing as to its precise scope and timing, it is expected to include aspects of drink and drug driving and the failure to stop and report, with the opportunity to raise other matters. I encourage my hon. Friend to write to me and the Secretary of State for Transport, and I would be happy to discuss these matters further.
Chris Law (Dundee West) (SNP)
Alex Chalk
It is absolutely right that the judiciary, who I respect enormously, do justice on the facts before them. If they feel they can do justice and provide a remedy for the crime that has been committed against society through an unpaid work order, some sort of community disposal or a suspended sentence order, that is a matter for them. The volume of unpaid work orders has gone up, and we are very keen to ensure that the rehabilitation or the unpaid work takes place as close as possible to the community that has been offended against, so that if there has been criminal damage or shoplifting, individuals should pay back their debt to the very society that they betrayed. That is what we would invite courts, in the exercise of their independent discretion, to do.
Mr Philip Hollobone (Kettering) (Con)
Chris Stephens (Glasgow South West) (SNP)
Alex Chalk
These are sensitive constitutional issues. I should be happy to write to the hon. Gentleman.
Vicky Ford (Chelmsford) (Con)
Two Chelmsford GCSE students, Louis and Mason, have been engaged in a citizenship project on our justice system and reducing reoffending rates. Given that we know employment can help to reduce reoffending, what progress is being made on helping offenders and ex-offenders into work?
Alex Chalk
My right hon. Friend the Member for East Hampshire (Damian Hinds), the Prisons Minister, has talked about this a little. It is very important for people within jails to be given the chance to connect with the opportunities outside. I recently visited HMP Berwyn, which has an employment hub that allows individuals to receive not just career support but, potentially, the interview that they need with an employer on the outside via digital connectivity. I know that my right hon. Friend does excellent work in her local prison, HMP Chelmsford, which is improving greatly following a difficult period, and is now coming out on the other side. We remain committed to ensuring that defendants can get into employment to turn their lives around, but also to repay their debt to society in becoming contributing members of it.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
Tom Hunt (Ipswich) (Con)
A few weeks ago, I visited Poundland at Sailmakers shopping centre in Ipswich, as well as the Military Unit shop and Essential Vintage. All those businesses are at their wits’ end with repeated thieving in their shops, to the point that one of them has temporarily shut its doors. Does the Lord Chancellor agree that the criminal justice system needs to be far harder on those who are repeatedly caught shoplifting? It is debilitating for a town centre, and we should not let cultural sensitivities get in the way.
Alex Chalk
My hon. Friend is right. Crime is crime, and cultural sensitivities should play no part in the police’s enthusiasm for cracking down on it. I am pleased that 20,000 police officers have been recruited, fulfilling the Government’s manifesto commitment. That means that there are more officers on the street not just deterring crime, but ensuring that arrests can be made and people can be brought to justice.
John Cryer (Leyton and Wanstead) (Lab)
I realise that the Secretary of State has only recently been appointed, and I welcome him to his place. Does he have any plans to undertake an assessment of the functioning of the law on joint enterprise?
Alex Chalk
The law on joint enterprise is a sensitive issue. I happen to know that it can be a very important prosecutorial tool to ensure that those who have helped in or encouraged the commission of a serious offence can be brought to justice. The hon. Gentleman will be aware that the Court of Appeal considered very carefully the scope of the law of joint enterprise to ensure that it catches only people who are truly culpable. There are currently no plans to reform the law, but I will of course consider that sensitive matter if he wishes to raise it with me. I would be happy to have that conversation.
Rob Butler (Aylesbury) (Con)
I have said on several occasions in this place that prison officers are the hidden heroes of our public services. Twenty-two came out of hiding and were in plain view during the coronation, when they lined the route of the parade. Will my right hon. and learned Friend join me in congratulating them and welcoming that recognition, which raises the profile of an excellent career? I happen to know that HMP Aylesbury is recruiting.
Alex Chalk
My hon. Friend is an excellent recruiting sergeant for HMP Aylesbury. He is right: I was recently at HMP Isis and spoke to some young band 3 and 4 prison officers. They are remarkable people who do a difficult job and have to show that precious quality of judgment, which is needed in a prison and elsewhere, on when they need to intervene robustly and when they need to show sensitivity. I am proud that we have invested heavily, through a £100 million scheme, to ensure that every prison officer has body-worn video. Those officers told me how that dials down potentially volatile situations and ensures that, on those rare occasions when violence happens, those individuals who make bad decisions can be held properly to account.
Mr Gregory Campbell (East Londonderry) (DUP)
When the Secretary of State holds discussions with Cabinet colleagues on the Illegal Migration Bill, will he ensure that the public perception that there is a massive distinction between people who flee persecution and oppression and arrive in this country to a welcome, and those who leave countries with no oppression and arrive here illegally, remains the case?
Alex Chalk
That is at the heart of the matter. This is a humane, decent and fair country. We have shown that through our track record and will continue to do so. Since 2015, this nation has opened its doors to 500,000 people fleeing persecution, from Syria, Afghanistan and Hong Kong. They are in all our communities across the United Kingdom and we are proud to welcome them. However, if we want to ensure that that humane instinct is not undermined or somehow brought into disrepute, we have to be fair. That means ensuring that those who traffic people, or those who arrive illegally and try to jump the queue, do not do so without consequence.
Dan Jarvis (Barnsley Central) (Lab)
Can the Minister say what the Department is doing to support armed forces veterans in the criminal justice system?
Alex Chalk
We are doing a huge amount, actually. Some of it is to do with what happens in custody. I have been to some prisons that have veterans’ wings, and it is really moving to see, with a lot of the artwork including regimental cap badges and other insignia. That is an important aspect, but critically the chances of people going straight on leaving custody are influenced by three things: whether they have a home, whether they have a job and whether any mental health or drug issues have been addressed. One of the things I am most proud of is that we have rolled out a pilot scheme to ensure that those who leave have a guaranteed 12 weeks of accommodation, so that they can start to rebuild relationships and get into the kind of employment that will help them. That is useful for all offenders, but particularly for armed service personnel, who I know want to go straight and do the right thing.
Victims and Prisoners Bill
Alex Chalk ExcerptsMonday 15th May 2023
(12 months ago)
Commons ChamberRead Full debate Victims and Prisoners Bill 2022-23 View all Victims and Prisoners Bill 2022-23 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
I beg to move, That the Bill be now read a Second time.
Some years ago, shortly before I entered Parliament, I was stood in the Crown court at Birmingham, having been instructed by the Crown Prosecution Service to prosecute five men accused of rape. It was alleged that they had groomed two young girls from Telford aged 15 and 16 and abducted them to Birmingham, where they subjected them to a weekend of degrading and humiliating sexual attacks, offering them up to their friends to do with as they pleased. What made the case even more chilling was that it was clear that the victims had been targeted because of their troubled backgrounds and sometimes challenging behaviour when interacting with authority figures such as the police. The defendants had made a cynical calculation that, if the girls ever did complain, they were unlikely to be believed. Well, they were believed. The jury got the measure of what had really gone on. After a fair trial, presided over by an independent judge, the defendants were all convicted of rape, robust sentences were passed and justice was done.
I mention that at the beginning of this Second Reading debate because it provided me, and I hope now the House, with a powerful example of how supporting victims can make a decisive impact on outcomes. In that case, it was only because all the moving parts of the system came together to support those vulnerable girls to give their best evidence that a just outcome was delivered: conscientious police officers liaised sensitively with the young women to help them record their accounts; compassionate CPS lawyers and caseworkers applied for special measures to assist the victims to give evidence in court; and victim support staff worked hard during the tense days of the trial to assist victims with information and updates.
Here is the central point: all those agencies recognised that, in order to deliver justice, victims must be treated not as mere spectators of the criminal justice system, but as core participants in it. That is the mission of this Government and of this Bill. It will boost victims’ entitlements; make victims’ voices heard, including following a major incident like the tragedy of Grenfell or Hillsborough; and deliver further safeguards to protect the public.
As the House will know, my predecessor met brave victims such as: little Tony Hudgell, who was so badly abused by his birth parents that he almost died; Denise Fergus and Ralph Bulger, whose two-year-old son James’s murder shocked the nation; and Farah Naz, the aunt of Zara Aleena, who was tragically sexually assaulted and murdered last year. I want to pay tribute to them. Through their personal grief they have, none the less, found the strength to strengthen the system for others. We owe them a profound debt of gratitude. Their pain and their anguish spurs us on to strengthen public protection and to make sure every victim of crime is properly supported.
Bob Stewart (Beckenham) (Con)
I thank the Secretary of State for introducing the Bill. As an MP, I have heard so many complaints from victims that no one is listening to them. Can he assure me that victims really will come first in the Bill?
Alex Chalk
I am very grateful to my right hon. Friend. That is exactly the point. If victims are to be not spectators but participants, from the moment of complaint they must be listened to by the officer on the case, the CPS prosecutor and the prosecutor at court. Being listened to is a critical part of victims’ confidence in the criminal justice system.
Stephanie Peacock (Barnsley East) (Lab)
On that point, will the Secretary of State give way?
Alex Chalk
Can I just make a bit of progress?
Before I return to the key elements I mentioned a few moments ago, I want to set out a little context. Hugely important work has taken place over recent years—this may perhaps answer some of the hon. Lady’s questions—to ensure that many of the standards achieved for those victims in Birmingham are now demanded as a matter of course. What it means in simple terms is this: no longer is it considered perfectly normal for a victim of a violent robbery to report their statement to the police, only to hear nothing until a curt instruction out of the blue to attend trial in a week’s time. The 2020 victims code requires that they be kept updated. Gone are the days when it was thought completely reasonable for a victim to arrive at court, give evidence and then have to rely on the media to find out whether the defendant had been convicted. The 2020 code requires that they are told the outcome of the case and given an explanation of the sentence if the defendant is convicted.
Alex Chalk
I will come to the hon. Lady in one moment.
The revised victims code, published in 2020, contains many additional entitlements. For example, right 7 is a victim’s entitlement to make a personal statement to tell the court how the crime has affected them, so that it can be considered when sentencing the offender; right 8 is the entitlement to be offered appropriate help before the trial and, where possible, to meet the prosecutor before giving evidence; and right 9 is the entitlement to be given information about the outcome of the case and any appeals.
Stephanie Peacock
I am very grateful to the Secretary of State for giving way. My constituent Johnny Wood feels he has been let down by every part of the justice system after his sister was killed by four men with 100 convictions between them who were driving an HGV lorry. The legislation does not address non-compliance with the victims code, so can the right hon. Gentleman tell Johnny and the House how it will make a meaningful change for victims?
Alex Chalk
I am very grateful to the hon. Lady for raising that important case on behalf of her constituent. I will develop those points in due course, but let me make a core point first. We have gone from creating the important victims’ entitlements in the code to wanting to ensure that they have a profile, a prominence and an accountability, so that if things go wrong—and from time to time things will go wrong; that happens in any system—people can be truly held to account, and where agencies are failing that is made plain for all to see.
We have also strengthened the system of special measures, completing a national roll-out of pre-recorded examination and cross-examination for victims of rape and sexual offences. That spares them the ordeal of giving evidence in a live trial and having to stand in the same room as their alleged attacker. Really importantly, there has been the introduction of more independent sexual and domestic abuse advisers. These are specialists trained to support vulnerable victims through the justice process. From just the odd pilot scheme pre-2010, there are now over 700 working up and down the country to support victims, and we are rolling out 300 more. It is all part of an unprecedented investment in victim and witness support services, quadrupling 2010 levels.
That is the context. The difference between a decade ago and now is stark. Following those crucial advances, we are now taking steps to secure the entitlements and raise yet further the standards we expect the criminal justice system to deliver for victims. First, the Bill will enshrine the key principles of the victims code in law and provide a framework for the code in regulations, centred around the 12 key entitlements that victims can expect. That will ensure that the good practice I mentioned earlier, which has taken root in many courts and CPS offices around the country, becomes standard practice. The Bill will give these entitlements the profile, the prominence and the weight they deserve and ensure that they cannot be watered down by future Governments. It will place agencies within the criminal justice system, including chief constables, the CPS, British Transport police and others, under a new duty to make victims aware of the code so that every victim knows what they are entitled to.
Jess Phillips (Birmingham, Yardley) (Lab)
The right hon. and learned Gentleman talks about what was enshrined in the code, which he said happened in 2020. In 2021—I have just checked the date on my phone—I found out that somebody had been convicted of harassing and threatening me. I found out about it in The Guardian, so the code was certainly not enshrined in that particular courtroom in Birmingham, which I mention as he is leaning on Birmingham courtrooms. What right would I have in this Bill to any recourse and what would happen to the people who failed to inform me?
Alex Chalk
The hon. Lady should not have found out in a newspaper. She should have been kept updated and informed. If she would like to come to speak to me about that, I will find out what went wrong in that case. On her specific point, what I think is exciting and heartening about the Bill is that it contains a duty on the Secretary of State and police and crime commissioners not just to promote awareness of the code—important though that is—but to promote compliance. If there is not compliance, there is also a duty, effectively, to publish that, so that it is plain for everyone to see. The local PCC will be publishing that, which means that the hon. Lady can get some accountability. I reiterate that if she wants to come to speak to me, she must not hesitate to do so. In fact, knowing her, I know that she would not hesitate to speak.
Several hon. Members rose—
Alex Chalk
Let me make a little progress.
As I indicated, the Bill will make sure that everyone knows what they are entitled to and it sends a clear signal to the system about the service that victims should be receiving. Secondly, as I suggested, the Bill will ensure stronger oversight by placing a new duty on police and crime commissioners and criminal justice bodies to monitor compliance with the code, to provide the public and this Parliament with a clear picture of how victims across the country are being treated. Ministers will have the power to direct the inspection of justice agencies that are failing victims to help drive improvements using best practice from those agencies that are succeeding.
Thirdly, the Bill will place a duty on specific authorities to respond publicly to the recommendations of the Victims’ Commissioner and introduce a requirement for an annual report to be laid before Parliament. That will shine a spotlight on how the system is working and ensure that we have the transparency needed to drive change.
Fourthly, the Bill will provide better support for victims. It will help to ensure that critical support services are targeted where they are most needed by introducing a new joint statutory duty on police and crime commissioners, integrated care boards and local authorities to co-operate and work together when commissioning support services for victims of domestic and sexual abuse and other serious violent crimes.
Rachael Maskell (York Central) (Lab/Co-op)
I am grateful to the Secretary of State for giving way. The family of Declan Curran, who tragically took his life, pre-trial, aged just 13, wanted me to stress in this debate the importance of child victims of sexual abuse and their inclusion in clause 2, the victims code, and how they should be able to access comprehensive psychological services without any delay. This must not be seen as interference in the evidence of the trial, with victims’ evidence being recorded at the time of the crime. Will that be fully included in the Bill without delay?
Alex Chalk
It is incredibly important that child victims receive the support that they need, and that should not be a bar to their giving a video-recorded piece of evidence, for example, so that they can participate in that trial as well. I am happy to meet the hon. Lady to discuss the particulars. The general principle is this: if child victims, who are victims within the ambit of the Bill, need that support, they should get it.
Priti Patel (Witham) (Con)
Can the Lord Chancellor provide the House with slightly more detail on the commissioning functions? He has rightly touched on police and crime commissioners, ICBs, the duty of care and the duty of co-operation. In many walks of life, that co-operation completely fails and, basically, victims are on the receiving end of institutional state failure. It would give the House some confidence if he were able to explain how this will work.
Alex Chalk
I begin by thanking my right hon. Friend for her stalwart commitment to the rights of victims. I venture to suggest that no one in this House has done more to stand up for victims. She is absolutely right; there are plenty of organisations who have a duty in that regard—police and crime commissioners are one, but there are plenty of other providers. We want to ensure that the duty of co-operation means that there will not be duplication in some areas and deserts, as it were, in others. The aim is to ensure that across the piece, if someone needs to make sure that there is sufficient support for rape victims, for example, that that support is provided and there is no potential duplication between what the hospital might be doing and what the PCC might be doing. That is a statutory requirement to co-operate—not a “nice to have”, but a direct requirement. That is the difference.
I have already spoken about the importance of ISVAs and IDVAs. They do exceptional work, and we want to strengthen their role further by introducing national guidance to increase awareness of what they do and to promote consistency.
I can also tell the House that we will bring forward an amendment in Committee to block unnecessary and intrusive third party material requests in rape and sexual assault investigations. I know that routine police requests for therapy notes or other personal records can be incredibly distressing for victims, who can feel as though they are the ones under scrutiny. Some may even be deterred from seeking support for fear of their personal records being shared. Our Bill will make sure that those requests are made only when strictly necessary for the purposes of a fair trial.
Christine Jardine (Edinburgh West) (LD)
Many of us welcomed this Bill and hoped it would transform and revolutionise the response, but it fails in several areas. We have heard about the duty of co-operation and collaboration, but there is to be no new funding to allow that to happen and to allow duty holders to commission new services to make the collaboration effective. How would the Government overcome that, and will they consider doing that in future?
Alex Chalk
I welcome the hon. Lady’s overall enthusiasm for the Bill. On that specific point, one of the things I am proud of is that funding for victim services has quadrupled over the past 13 years or so. It is a very significant increase. The money that goes to PCCs, for example, has significantly increased—I think it is more than £60 million or so—but there is additional money that goes directly to charities, such as the Gloucestershire Rape and Sexual Abuse Centre in my own constituency, which is directly funded. That funding has increased.
By the way, I should also note that during covid, when people were genuinely worried that those victim support services might fall over and collapse, the funding went in to sustain them during those very dark times. There is more money, and that is precisely why we want the duty of collaboration to ensure that those taxpayer pounds go as far as they can.
Sarah Champion (Rotherham) (Lab)
I thank the Secretary of State for the measures he has brought through on third party disclosures. Could he, though, give a message to the survivors in my constituency and across the country who have been deterred from coming forward by that knowledge, and to those whose cases have collapsed because of their fear of that information getting into the public domain? What message does he have for them?
Alex Chalk
The hon. Lady does an important public service in raising that point and I thank her for doing so. Let the message go out from this Chamber: “Do not be put off coming forward, giving your evidence and reporting allegations of serious sexual harm because of concerns about therapy notes. Get the therapy support that you need.” I want that message to go out loud and clear.
We are going to change the law to make it crystal clear that there will be no routine access to therapy notes; there will be access only when it is absolutely necessary and proportionate, and not by the defence, but principally in the very rare circumstances where a prosecutor needs to look at it. The message goes out that victims should come forward and co-operate with the criminal justice system, if they can.
Part 2 of the Bill provides better support for victims and the bereaved after major disasters such as terror attacks. The House will recall the awful events at Hillsborough and the most recent fire at Grenfell Tower, as well as the Manchester Arena bombing. The impact of those terrible tragedies is still felt to this day, especially by the families and friends of the victims. I know there is consensus on both sides of the House that survivors and families of victims caught up in such disasters must be given every support. No one should be left to feel their way in the dark as they grieve.
I pay tribute to my right hon. Friend the Member for Maidenhead (Mrs May), the right hon. Member for Garston and Halewood (Maria Eagle), the hon. Member for Liverpool, West Derby (Ian Byrne), the noble Lord Wills and many others for their tireless campaigning on the issue. Indeed, one of the most moving debates that I have ever had the privilege of listening to was one to which the right hon. Member for Garston and Halewood contributed on this topic.
The Bill will introduce the UK’s first ever independent public advocate—an advocate to give a voice to those who have too often felt voiceless. The IPA will be a strong advocate for victims, the bereaved and whole communities affected. It will allow us to hear everyone, including those who, in the darkest moments of their grief, may understandably find it impossible to speak up for themselves and their legitimate concerns.
Maria Eagle (Garston and Halewood) (Lab)
Will the right hon. and learned Gentleman give way?
Alex Chalk
I will just develop the point and then of course I will let the right hon. Lady come in.
From the earliest days after a disaster, the IPA will work on behalf of victims. It will be a crucial conduit between them and key public authorities, and it will focus resolutely on what survivors and the bereaved actually need, not just what others in authority might assume they need. The IPA will also help victims and the bereaved to navigate complex processes that most people would find deeply stressful and upsetting, such as investigations, inquests and public inquiries. On a practical level, it will give victims, the bereaved and the affected community a robust way of engaging the public authorities and Government—for example, by asking the coroner or the police for more information about inquests and investigations, or by pressing local government and central Government on their policies for victims.
Maria Eagle
I welcome the right hon. and learned Gentleman to his new role. I wonder whether he will be open to the idea—from those of us who have been working on this for some time—of strengthening the provisions in the Bill to improve them?
Alex Chalk
In preparation for today’s debate, I read the right hon. Lady’s Bill and have considered it with care. Of course, I am open to further discussions with her; she has lived and breathed this issue for a long time, and it is absolutely right that I consider those points. I think that there are—well, let us leave it at that and discuss those matters in due course.
Mr Ranil Jayawardena (North East Hampshire) (Con)
I welcome my right hon. and learned Friend to his role as Lord Chancellor. I have been listening very carefully to what he has said in relation to suggestions made in all quarters of this House. My hon. Friend the Member for Bolsover (Mark Fletcher) recently proposed an excellent ten-minute rule Bill calling for tougher rules on the ability of sex offenders to change their names. Does my right hon. and learned Friend agree that the Victims and Prisoners Bill is a perfect opportunity to bring in tougher rules, and that they should apply not only to changes of name but to changes of legal sex?
Alex Chalk
There is real and clear merit in what my right hon. Friend says. Plainly, we cannot have a situation in which people can, at the stroke of a pen, evade liability for their abhorrent crimes. I look forward to discussing that important matter with him and my hon. Friend the Member for Bolsover (Mark Fletcher) in due course.
Stella Creasy (Walthamstow) (Lab/Co-op)
The Secretary of State is making a powerful case on the role of a public advocate, which many of us support. We recognise that there may be more than one victim when traumatic events happen, so does he accept that it is right that the Bill also deals with strengthening support? In my community, a 16-year-old boy was murdered 10 days ago. The entire school community is traumatised. Getting them support, and recognising that his friends, as well as his family, are victims in this instance, is critical. Will he meet me and other campaigners to discuss that issue?
Alex Chalk
How could I not? I would be delighted to meet the hon. Lady on that important issue.
Let me turn now to the measures on prisoners and parole—part 3 of the Bill. The first duty of any Government is to protect the public, including from those who have betrayed trust, robbed innocence and shattered lives. Victims want to know that the person who has harmed them, their families and friends will not inflict that pain on anyone else. Indeed, I heard that strong message from Denise Fergus when I spoke with her recently. One thing that I found profoundly moving is that, notwithstanding her own private grief, one of her principal motivations is to ensure that others do not suffer in the same way.
Overwhelmingly, the Parole Board does its difficult job well, taking care to scrutinise the cases coming before it for release decisions. Over 99% of prisoners authorised for release by the Parole Board do not go on to commit a so-called serious further offence, but occasionally things go wrong, and when they do, the implications for public confidence can be very grave. John Worboys, the black cab rapist, and Colin Pitchfork, who raped two schoolgirls, were both assessed as being safe to leave prison, only for Colin Pitchfork to have to be recalled shortly afterwards and the Worboys decision to be overturned on appeal. Such cases are rare, but they are unacceptable. The public must have confidence that murderers, rapists and terrorists will be kept behind bars for as long as necessary to keep the public safe.
We have already made changes to improve safety and increase transparency. The most serious offenders now face robust tests to prove they are safe to move into open prisons, and some parole hearings can now take place in public so that victims and the public can see with their own eyes how decisions are made and why.
James Gray (North Wiltshire) (Con)
I congratulate my right hon. and learned Friend on his well-deserved appointment. My constituents Matt and Carole Gould have campaigned long and hard on the tragic murder of their daughter some years ago. They are concerned that, when the murderer is released from prison after an all too short 12 and a half years, he will be allowed to return to the village he came from and that they will bump into him in the street. Will my right hon. and learned Friend advise me what normal practice would be in keeping murderers away from the victim’s relatives? Is there not an argument that, in rural areas such as mine, the distance should be further than it would perhaps be in an urban area?
Alex Chalk
I thank my hon. Friend for raising that deeply upsetting and troubling case and for liaising with his constituents. Although I do not know the specifics of any licence conditions, it is overwhelmingly likely that those conditions would take into account precisely the point he raises. If family are living nearby, it is usual for licence conditions to indicate an exclusion zone, and that could be expanded to meet issues of justice and safety. Those are matters that the relevant authorities will be taking close cognisance of.
Sir Greg Knight (East Yorkshire) (Con)
On parole reform, will the factor determining whether someone is in the top-tier cohort always be the offence or offences committed, or will other factors sometimes be taken into consideration? With regard to top-tier offences, will Ministers have the power to add to or change the list of offences that put someone in the top tier?
Alex Chalk
I will come to those points in a moment, but it is broadly to do with the offences.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Applications can now be made for Parole Board hearings to be held in public, but as Gwynedd resident Rhiannon Bragg learned, they can be refused. She feels strongly that if the hearing for the perpetrator who stalked her and held her at gunpoint overnight was heard in public, it would help her as a victim—she would not face him in a private context, face to face, and the hearing would be covered in the public domain through the press. Will the Minister consider this issue?
Alex Chalk
There is now a power for hearings to be held in public, but it depends on the facts of the individual case. It will be important to weigh up what is in the interests of justice, but that of course also includes what is in the interests of the victim—indeed, that is a pre-eminent consideration. These decisions are necessarily fact-specific, and the Parole Board has to consider them on the facts before it. However, the hon. Lady makes a powerful point, which I am sure the Parole Board will want to take into account in relation to the facts of that particular case.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Will the Secretary of State give way?
Alex Chalk
I will make a bit of progress and then I will of course come to the right hon. Gentleman.
As I indicated, the Bill takes steps to strengthen the system further. First, it will make public protection the pre-eminent factor in deciding which prisoners are safe for release, by introducing a codified release test in law. Secondly, it will impose a new safeguard— a new check and balance—in respect of the top tier of the most serious offenders, drawn from murderers, rapists, child killers and terrorists. In those cases where there is a Parole Board recommendation to release a prisoner, the Bill will allow the Secretary of State to intervene on behalf of the public to stay that release and enable Ministers to take a second look. That oversight will act as a further safeguard in the most serious cases that particularly affect public confidence. Plainly, of course, to preserve fairness in the system that ministerial intervention must be amenable to independent review, and the Bill properly safeguards that right.
Sir Julian Lewis (New Forest East) (Con)
I congratulate my right hon. and learned Friend on his well-deserved promotion. I have recently been contacted by a constituent who discovered the murdered bodies of her sister and baby niece. She is a volunteer with a national charity called Support after Murder and Manslaughter. It has given me a list of concerns, which I would like to give to the Minister separately. However, the charity states that the Secretary of State will be able to make this parole decision, which will then be subject to appeal, but the victims will not have a voice at either stage—they will not be able to do impact presentations. Will the Minister look at this point again, because the victims feel that they are being excluded?
Alex Chalk
I thank my right hon. Friend for raising that important matter on behalf of his constituents. The interests and rights of victims are absolutely at the heart of this proposal, because—this shone out from a conversation I had only today— some victims who are concerned about whether a prisoner gets released are of course concerned about what has happened to their family, but they are also worried about what might happen to others. That is why having public confidence in the safety consideration is so important. I will be happy to discuss my right hon. Friend’s points with him, but I emphasise that the rights of victims and the protection of the public are at the heart of this important measure.
Mr Carmichael
The volume and nature of the interventions on the Secretary of State show the difficulty of this area of law. While the changes to parole are welcome, is there not a danger that they will increase further the treatment of those who are currently in the system and those who are still in the prison system—somewhere in the region of 3,000 people—more than 10 years after we abolished sentences of imprisonment for public protection? The Chair of the Select Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), who I see in his place, has called for a review. Sir John Major did the same recently. Would this Bill not be an opportunity to deal with that?
Alex Chalk
It is important to consider these things separately, but the right hon. Gentleman identifies something that is a stain on our justice system. The IPP system should never have happened. Trying to take the politics out of it, I sort of understand why it was proposed, but it was a bad idea. It was a big mistake, and it has left us with a difficult issue. I am considering carefully what the Justice Committee has to say about it, and I will be saying more about it in due course. It is important to treat that separately from the position I am talking about here, which is that in those most serious cases where the Parole Board has directed release, it is right that on behalf of the public the Secretary of State should have a second look, even if that is then susceptible to an independent review thereafter. It is a slightly separate issue, but I take the points that he makes.
Edward Timpson (Eddisbury) (Con)
I am pleased to see my right hon. and learned Friend in his place. On the issue of the powers taken in this Bill for a referral to the Secretary of State, in the Justice Committee we heard evidence of other routes for the Secretary of State to intervene: through reconsideration, which has been in place for four years, and through set aside, which is a power that the Secretary of State has taken more recently. That has the added benefit of including victims within the process. Can he just set out what it is that the Bill is trying to achieve that those routes cannot in ensuring that ministerial oversight?
Alex Chalk
There is a very important distinction. When the Secretary of State considers those most serious cases, he will look at this issue of safety for the public. That is not whether, for example, the Parole Board has acted in such a way as to not be susceptible to judicial review; it is a much wider consideration so that the public can be satisfied not just that the Parole Board considered safety, but that the Secretary of State did, too, and that is an important second check. That matters, because in these most serious cases, public confidence is hanging on the single thread of the Parole Board. We want to make sure that an additional thread goes into that structure, so that the public recognise that there has been that second pair of eyes. Plainly, Ministers cannot over-politicise this process, which is why there must be an opportunity to have an independent review of the Secretary of State’s decision. That will allow us overall to have a much more vigorous and robust process that stands up for victims, but is also mindful of the rule of law.
Sir Robert Neill (Bromley and Chislehurst) (Con)
Will my right hon. Friend give way?
Sir Robert Neill
I am very grateful to my right hon. and learned Friend, whom I warmly welcome to his place, for giving way. Can I just follow up the point made by my fellow Justice Committee member, my hon. and learned Friend the Member for Eddisbury (Edward Timpson)? There are passages in the Bill where, in carrying out that legitimate policy objective—I do not disagree with the Secretary of State on that legitimacy—in certain circumstances, as it is currently drafted, he may be asked to put his finding of fact and his opinion in the place of that of the parole board that actually heard the evidence. Could I therefore ask him to look very carefully at the evidence the Committee received—it is tagged to the Bill on the Order Paper—and find a more effective way to achieve his objective that is legally robust but fair, but does not place him and his successors in the very difficult position of trying to rehear facts at second hand, as opposed to taking the role of those who heard the initial evidence?
Alex Chalk
May I thank my hon. Friend, and say that I have read every word of that important evidence to the Committee? I thank him for the time he took to provide that additional scrutiny, which I found extremely helpful. He is absolutely right that the check and balance is a sensible one, but plainly it has to be operational. We have to be able to deliver it, and we have to be able to do so in a sufficiently timely fashion, ensuring that a decision is not offending against article 5 and so on, but also that all parties have certainty about what is actually going to happen. I hope he will be reassured by my saying that I am looking very closely at the operational aspects of this provision to ensure that it does what is intended, and provides that check and balance, while being deliverable and of course being consistent with the rule of law. If I may, I will now press on, because I know others want to speak.
Thirdly, we are already recruiting more ex-police officers to the Parole Board. Now we will ensure that individuals with law enforcement backgrounds can be included on panels considering the release of the most serious criminals. Their first-hand experience of assessing risk will bring additional expertise to parole hearings.
This Bill will also prohibit prisoners subject to a whole-life order from being able to marry or form a civil partnership in custody, subject to an exemption in truly exceptional circumstances. The rationale for this is simple. Those most dangerous and cruel criminals—the ones who have shattered lives and robbed others of their chance of happiness and a family life—should not be able to taunt victims and their families by enjoying that for themselves. It is simply unconscionable, yet as the law stands, prison governors cannot reject a prisoner’s application to marry unless it creates a security risk for the prison, however horrific their crime. Our changes will prevent whole-life prisoners from marrying or forming a civil partnership in prison or other places of detention. That is nothing less than basic fairness.
Jess Phillips
I could not agree with the right hon. and learned Gentleman more. What I would also ask is that people in that situation, especially those who murder their wife and the mother of their children, should also have their parental rights taken away. Why is that not in the Bill?
Alex Chalk
As the hon. Lady knows, we have discussed these issues at some length in a different context, and she should know that I am ready to continue that conversation.
Dame Caroline Dinenage (Gosport) (Con)
This is a really excellent piece of legislation, and I congratulate the Secretary of State and his team on everything they are doing, but I could not miss this opportunity of raising the issue of the intergenerational impact of female imprisonment. As the Lord Chancellor knows, women make up just 4% of the prison population, yet two thirds of them have dependent children. Because they are so few, they are generally placed much further away from home and have much less access to some rehabilitative facilities than their male counterparts. That imprisonment can have a devastating impact on the children, so in many cases the children of women in prisons are victims themselves. There has been some fantastic work across the country by organisations such as Hope Street, run by One Small Thing, which I know the Prisons Minister—the Minister of State, Ministry of Justice, my right hon. Friend the Member for East Hampshire (Damian Hinds)—has recently visited. Does the Secretary of State not feel that this Bill would have been an ideal opportunity to try to address that?
Alex Chalk
My hon. Friend makes an incredibly important point. She mentions Hope Street, and the Nelson Trust, which I have visited, does excellent work in this regard. I think we do always have to remember that the job of Government is to ensure that the decision of the court can be upheld.
In other words, a court will of course consider the evidence from the prosecution at a sentencing hearing about what has taken place, will hear a plea in mitigation about the impact on the defendant of incarceration—including the impact on friends and children, their future and so on—and will then reach a decision based on all those matters about the correct sentence. So while I do not seek to downplay any of the really important points my hon. Friend mentioned, we need to do our bit within the criminal justice system to give effect to the order of the court, but to ensure it is done in a way that is humane and understands that there are family considerations.
We want prisoners to serve their time, but to be rehabilitated, and one of the critical ways of being rehabilitated is to ensure that family relationships endure. That is why there has been so much investment in courts in areas such technology to ensure prisoners can keep in contact with the outside, so that when they leave having repaid their debt to society they are in a position to pick up those important relationships.
In closing, I want to put on record my thanks to all who have helped to shape this Bill, in particular the victims who shared their stories and contributed to our consultation. I also pay tribute to my predecessors my right hon. Friends the Members for Esher and Walton (Dominic Raab) and for Great Yarmouth (Brandon Lewis) and my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) for the parts they have played in advancing this Bill.
These measures will help ensure that every victim, from the Telford teenagers I mentioned to the elderly victim of confidence fraud, secures the service from our justice system that they deserve. From the moment of report to the moment of conviction, and indeed beyond if required, victims’ interests must be paramount. That is how justice is done, and I commend this Bill to the House.
Oral Answers to Questions
Alex Chalk Excerpts(1 year, 6 months ago)
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Brandon Lewis
I am not sure many people would class 9% as “only”, but that also does not reflect some of the other investments that solicitors will benefit from, particularly the substantial investment in youth courts, for example. As I said, we will respond more widely to CLAIR for the whole profession at the end of November and work with the relevant societies and associations.
Alex Chalk (Cheltenham) (Con)
I warmly commend the intervention of the Secretary of State to end the dispute; it was decisive and constructive and it is hugely welcome. I echo the points made just now: it is important for the criminal justice system to work well that solicitors too are properly remunerated. That is the view I take and I know the Chair of the Justice Committee would have made those points if he was not unavoidably detained today.
Brandon Lewis
My hon. and learned Friend makes an important point, and from the Dispatch Box I congratulate the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), who is otherwise engaged today on some very enjoyable and well-deserved matters. I hope he has a wonderful day. As I have said, we are going to be responding more fully to the CLAIR report, but my hon. and learned Friend is absolutely right that the criminal justice system works best when all parts of it are functioning fluidly and effectively for the benefit of all their clients and for wider society, and I am determined to ensure that we deliver that.
Oral Answers to Questions
Alex Chalk Excerpts(2 years, 8 months ago)
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Rachel Hopkins (Luton South) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
Our prison officers have done a truly remarkable job during the pandemic, and through their decisive actions and rapid contact tracing, literally hundreds if not thousands of prisoners’ lives have been saved. Although there are no plans to revisit the retirement age, we are pursuing a series of initiatives to boost morale, safety and retention, and ensure that prisons are as secure and rehabilitative as possible.
Rachel Hopkins
The Government have previously stated that because of the higher potential for serious injury and fatality among firefighters and police, they do not consider prison officers deserving of the same pension age protections and the right to retire at 60. With serious violence against staff still plaguing our prisons, does the Minister accept that the message received by prison officers is that they will have to wait until one of their own is killed in the line of duty before their safety concerns are taken seriously?
Alex Chalk
The hon. Lady makes an important point. Mercifully, during the pandemic violence has come down in prisons, which we welcome. It is also important not to make false comparisons. For example, employee contributions for police officers are at 12%, and 14% for fire officers, and 5.45% for prison officers. Of course we keep such matters under review. We made a generous offer in 2017 to bring forward the retirement date when the taxpayer would pay the entirety of employee contributions, but I regret that that was rejected by the POA.
Ellie Reeves (Lewisham West and Penge) (Lab)
Our prison officers do fantastic work keeping prisons and communities safe, and they have gone above and beyond throughout the pandemic. However, the Ministry of Justice’s own figures show that more than 86,000 years of prison officer experience has been lost since 2010. These key workers are moving on to better-paid work that does not involve abuse and assaults on a daily basis. Why, then, did the Government reject the pay review body’s recommendation of a £3,000 uplift for band 3 prison officers? Should we not be giving these key workers a pay rise to recognise their vital work in keeping our country safe?
Alex Chalk
Where the hon. Lady is absolutely right is that retention matters, because having more experience in a prison leads it to be safer and more rehabilitative. However, it is disappointing that she did not note that last year there was a minimum increase in pay of 2.5%, and in fact some officers received up to 7.5%. That was much higher than wage inflation in the economy. We will continue to do everything possible to increase retention, including, by the way, among new officers, many of whom I met over the course of the summer, who would really benefit from increased mentoring on wings to improve morale and retention. We are absolutely committed to that very important agenda.
John Penrose (Weston-super-Mare) (Con)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
My hon. Friend raises a critical point, and we agree, which is why we have invested £100 million in gate security to ensure, for example, that body scanners can be installed to allow concealed items to be detected, that there is money for counter-corruption, and that rehabilitation and treatment can take place in jail. A time when our jails are completely drug free is something that we aspire to, and we are making important progress.
Alex Cunningham (Stockton North) (Lab)
At the last Justice questions, I raised the issue of the wrongful prosecution and conviction of British citizens under schedule 22 to the Coronavirus Act 2020, an issue that has been publicised by Big Brother Watch, Fair Trials, and The Guardian newspaper. Sadly, the Minister blamed the Crown Prosecution Service and did not promise to correct this injustice, and more people might have been wrongly convicted since then. That said, following our intervention, the Government have expired the schedule. I am grateful for that, but can the Lord Chancellor tell us what action he is taking to quash all the illegal convictions?
Rob Butler (Aylesbury) (Con)
Prison officers and staff have done an amazing, excellent job of keeping prisoners safe during the pandemic, with much lower infection rates in jails than had been feared. That has mainly been achieved by keeping prisoners locked in their cells, but, obviously, we now need to move beyond that so that they can access education, work and other rehabilitation programmes. So will the Minister tell the House what progress has been made on rolling out vaccines in prisons, which would allow this vital work to resume?
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
I am grateful to my hon. Friend, who is absolutely right to pay tribute, and let me tell him why. At the beginning of this pandemic there was a prediction that 2,700 prisoners would die in English jails, but the actual figure is under 130. Although every one of those is a tragedy, this is a powerful tribute to the work that those staff did. He makes an important point about vaccination. Every prisoner has been offered a vaccination, although there are some decline rates, which are higher in London, of up to 50%. Every effort is being made to encourage prisoners to get vaccinated, because we could then open up the regime.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
Draft Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021
Alex Chalk Excerpts(2 years, 10 months ago)
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The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
I thank the hon. Gentleman for his point, which I think added significantly to the proceedings. I thank him very much indeed.
The draft regulations do not create new policy or change the nature of the related offences. Instead, they are a technical measure to fix deficiencies in retained EU law arising from the withdrawal of the United Kingdom from the European Union. This statutory instrument addresses reciprocal jurisdictional rules linked to the internal market contained in article 3 of the e-commerce directive. Although the directive was largely retained in UK law, the rules—more commonly referred to as the country of origin principle—rely on reciprocal application and therefore no longer operate as intended. The removal of the provisions from Ministry of Justice legislation is therefore the object of the proposed instrument.
Similar statutory instruments have already been brought forward to remove the country of origin principle from other legislation and, if time had allowed, the Government would have brought forward the regulations before the end of the transition period. However, as we are not aware that the rules in question have ever been relevant to a prosecution for the offences to which the draft instrument relates, we prioritised other more urgent legislation to be laid before the end of last year. Now that such other more important legislation is in force, it is necessary that we address any remaining deficiencies in retained EU law.
Turning now to the detail, the rules apply to organisations operating online that meet the definition of an information society service or ISS, which can be summarised as a service that is normally provided for payment at a distance by electronic means and at the request of the recipient of the service. That covers, among other things, online retailers, video-sharing sites, search tools, social media platforms and internet service providers.
The country of origin principle aims to make it easier for organisations to operate online across borders by making them subject only to the law of the country in which they were established when operating across the European economic area. For relevant offences, therefore, ISSs would need to comply only with one set of laws, rather than deal separately with each state in which they operate.
For example, a British bookshop selling online in various EEA states may have unknowingly sold a book that was banned in one of those countries. If the rules were applied to the offence of selling the prohibited book, the shop would be liable only under UK law, not under the local laws banning the book, except in exceptional circumstances. Although entirely hypothetical, I hope that example serves to highlight how the system was intended to make online operations across many jurisdictions and across the single market simpler for a business.
The system, however, worked between jurisdictions, so ISSs established in the EEA, but operating in the UK, were not fully liable under UK law. As I said, those provisions, which limited the liability of EEA-based ISSs operating in this country under UK law, no longer function as intended. This is because the EU no longer has reciprocal rules of this nature in place with regard to the United Kingdom, and could even put British businesses at a disadvantage, as I will set out further in a moment.
Implementation of the country of origin principle rules for the offences for which the MOJ is responsible has two strands. First, it made ISSs based in any EEA state subject to the law of that state for their conduct across the EEA. Secondly, it created a procedural bar restricting prosecutions of ISSs based in the EEA for their conduct in another country, on the basis that they would have been prosecuted by the state in which they are established.
The instrument removes both aspects of this implementation in the UK, removing an inconsistency where UK ISSs operating in the EEA were liable under UK law in a way that is not the case when operating in other foreign countries. It also means there will no longer be a procedural bar restricting prosecutions of EEA-based ISSs operating in the UK, meaning proceedings against them would operate in the same way as for domestic or other foreign ISSs. To put all that in plain English, what it means is that at the moment we have a lopsided arrangement whereby a UK-based ISS is liable for action in EEA countries, but the EEA ISS is effectively shielded from prosecution in the UK—and that is a lopsided arrangement that we need to put right.
This instrument was first considered by the European Statutory Instruments Committee back in March, and the Government accept the Committee’s recommendation to put it under the affirmative procedure, ensuring that it receives the scrutiny of Parliament. However, I would like to take the opportunity to reassure the Committee and address its concerns about the effect of this instrument. These rules—the country of origin principle—were never intended to contribute to the wider regulation of publication of illicit materials internationally. They apply only to organisations meeting the definition of information society service, to just a small range of offences and to activity in the EEA. They were part of heart of the wider e-commerce directive that aimed to remove obstacles to organisations offering cross-border online services.
Although there are some situations in which it is advantageous to be able to prosecute UK offenders for their conduct abroad or online, the Government’s view is that generally criminal offending is best dealt with by the criminal justice system of the state in which the offence took place. If UK-established ISSs need to be held accountable for any conduct abroad, that should be done in a way which produces the same effect in every country, not limited to the EEA. In other words, treat all countries the same.
Finally, the Government believe that these regulations are necessary irrespective of whether parallel offences exist. Where parallel offences do exist, failing to make the amendments means UK ISSs could be dually liable; in other words, facing prosecutions in the EEA state in which any offending took place as well as in the UK. As I indicated before, that is a lopsided arrangement. It would be unfair, and would place an unreasonable burden on British companies. It could also potentially put them at a competitive disadvantage when operating abroad. Where parallel offences do not exist, failing to make these amendments could result in proceedings being brought against conduct that was legal in one state, but not in the other. Again, that could put British companies operating abroad at a competitive disadvantage.
Overall, removal of the country of origin principle will mean that UK ISSs operating in the EEA are treated in the same way under our law as when operating in other foreign countries. In light of the UK’s withdrawal from the European Union and the end of the reciprocal arrangements, it is necessary in the interests of fairness and clarity that these laws are revoked, and I hope the Committee will join me in supporting the regulations.
Alex Chalk
I thank the hon. Gentleman for his points and his support for the provisions. As he indicates, the SI is necessary to address a lopsided arrangement and I am delighted to have the support of the Opposition in that regard.
On the issue of timing, I have been very clear that, if time had allowed, the Government would have brought forward the regulations before the end of the transition period, but, as I have indicated already, we are not aware that the rules in question have ever been relevant to a prosecution. In other words, there is no sense in which this has impeded justice in any way. It was important to prioritise the most urgent legislation, but now that the other more important legislation has been passed, we recognise it is right that we attend to this and do so in short order. That is precisely what we have done.
As I indicated earlier, the instrument is necessary to remove rules based on reciprocity that no longer exist. It is a function of our departure from the European Union and it is important that our statute book should function correctly. On that basis, I commend the draft instrument to the House.
Question put and agreed to.
Oral Answers to Questions
Alex Chalk Excerpts(2 years, 10 months ago)
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Paul Blomfield (Sheffield Central) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
We recognise and share public concern over abuses of new technology to harm victims, and we are taking action. Today, new provisions on threatening to share private sexual images come into force, and we are going further. We have asked the Law Commission to review the law on image abuse to ensure that victims are properly protected. The commission will publish recommendations in spring next year, and we will consider them very carefully.
Paul Blomfield [V]
My constituent Helen Mort had the appalling experience of finding out that someone unknown to her had taken ordinary images from her social media and superimposed them on violent and extreme pornography. These were not intimate images, but they were used to create deepfakes. When she went to the police, she was told that there was no crime to investigate as the original images were not private. The Law Commission’s review, to which the Minister refers, proposes extending the criminalisation of sharing intimate images to include deepfakes. Will the Minister ensure that the Government respond positively and quickly to those proposals so that people like Helen are protected in the future?
Alex Chalk
I am very grateful to the hon. Gentleman for raising that harrowing case. He is absolutely right to do so. We recognise that the law needs to keep pace with those who would use technology to perpetrate dreadful abuse. We have asked the Law Commission to act, as he indicated. It is doing so at pace, and we will be looking very carefully with a view to extending the law where it is appropriate to do so.
Alex Davies-Jones (Pontypridd) (Lab)
Sarah Atherton (Wrexham) (Con)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
We must rehabilitate offenders by focusing relentlessly on the factors that we know drive reoffending. That is why we are working across Government to support people into a job, stable accommodation and treatment for substance misuse. We have recently announced a £200 million investment in third-sector providers that deliver specialist rehabilitation services to address those core priorities.
Bob Blackman [V]
I thank my hon. Friend for his answer thus far. What further measures does he intend to introduce to ensure that prison governors enable those people leaving prison to be properly trained and briefed on how they can get not only housing, but job opportunities and benefits if they qualify for them, so that when they leave prison they are not tempted to go back to their old haunts and, indeed, to reoffend.
Alex Chalk
My hon. Friend speaks with great authority on this matter. This House will recall well the excellent work that he did in respect of the Homelessness Reduction Act 2017. He is absolutely right. We are investing more than £20 million in a landmark new accommodation service, providing up to 12 weeks of accommodation for prison leavers who would otherwise be homeless. That will start later this summer in five of our probation regions in England, but we want to go further. We want to introduce housing specialists in 20 prisons to strengthen partnerships with key stakeholders such as those of local councils and housing providers and to improve the expertise in prisons. We also want prison work coaches, so that not only is the accommodation sorted, but getting into a job is as well. Why is that important? It is because those who leave with a job reduce their chances of reoffending by 9%, changing lives in the process.
Sarah Atherton [V]
HMP Berwyn is one of the largest and newest prisons in Britain and has been chosen as a pilot site for the Ministry of Justice’s employment advisory board scheme. This scheme will bring together business leaders, prison coaches, statutory services and the MP in order to secure employment for offenders on release. I thank the Minister for backing Berwyn and invite him to Wrexham to see the businesses that are putting their faith in the justice system and to sample one of Berwyn’s award-winning custodial pies.
Alex Chalk
I am very grateful to my hon. Friend for her question, but I am even more grateful to her for being such a champion of HMP Berwyn and, indeed, of this important initiative. She is absolutely right: getting more prison leavers into jobs is key to cutting crime. As I have indicated before, it reduces the chance of reoffending by 9%. Of course, I would be delighted to visit her in Wrexham to see the great work of the employment advisory board. I congratulate her and all those she is working with on their fantastic work at Berwyn in the Custodial Pie Corporation, upskilling men in the hospitality industry.
John Nicolson (Ochil and South Perthshire) (SNP)
Stephanie Peacock (Barnsley East) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
We are committed to ensuring that civil legal aid remains accessible to those who need it, including, in particular, victims of domestic abuse. The Legal Aid Agency keeps market capacity under review to ensure adequate provision across England and Wales. We are reviewing the legal aid means test, including in relation to victims of domestic abuse. On 3 March, the Chancellor announced a further £19 million package to tackle domestic abuse, and we have made changes to the evidence requirements to make it easier to access legal aid.
Stephanie Peacock
Too many victims of domestic abuse still end up in the family court with no representation, as litigants in person. Does the Minister agree that we should make legal aid available for all victims of domestic abuse?
Alex Chalk
The hon. Lady is absolutely right that legal aid is a vital pillar of support to many people, which is why we have taken steps to ensure that the evidence requirements for those who want access to legal aid have been relaxed. We have also gone further; we have supported organisations such as RCJ Advice through its Finding Legal Options for Women Survivors service, which is a fantastic digital portal to assist people in the agony of that moment—as they may be in their home circumstances—to receive the kind of support that they require so that they are best placed to get a non-molestation order or an occupation order. We are determined to stand up for victims of domestic abuse.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Kevin Hollinrake (Thirsk and Malton) (Con)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
I have every sympathy for the survivors and victims of Medomsley detention centre, who suffered abhorrent abuse. The Ministry of Justice has been working for several years to compensate properly survivors and victims. Where necessary, claimants are able to submit medical evidence to support allegations of abuse so that damages can be appropriately assessed. That includes both physical and psychological injury. The majority of claims for compensation have now been settled under a settlement protocol.
Kevin Hollinrake
I am grateful for that answer. The compensation scheme covers physical, not sexual abuse. My constituent suffered terrible, much more serious abuse. He was drugged and raped, which has had a profound effect on his health for over 40 years—both his physical and his mental health—and that of his family. Will my hon. Friend agree to meet me, my constituent and the chair of the all-party parliamentary group on Medomsley detention centre to discuss a proper compensation settlement for my constituent?
Alex Chalk
I am very grateful to my hon. Friend for that question, and he paints a truly harrowing picture. For the avoidance of doubt, cases involving serious sexual harm and psychological injury can be dealt with by the Government Legal Department, albeit outside the standard compensation scheme. Because of their seriousness and complexity, they are considered on a case-by-case basis and awards made have been significant. We take great care to ensure the level of compensation properly reflects the seriousness of the abuse. It is of course always open to claimants to issue proceedings in the courts outwith the scheme, should they see fit. I would be happy to meet to discuss the protocols, but I just say this: it is important that Ministers do not interfere in specific cases when litigation is ongoing.
Fleur Anderson (Putney) (Lab)
Felicity Buchan (Kensington) (Con)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
My hon. Friend is absolutely right to raise this issue. The Government’s response to the economic crime threat is set out in our economic crime plan, which lists seven strategic priorities for combating crime through a specially convened public-private partnership. That includes a number of specific actions, including focusing on high-harm fraud types through online activity such as courier fraud, romance fraud and investment fraud. We are considering whether further legislative changes need to be brought in to provide law enforcement with the tools it needs to combat these emerging threats.
Mr David Lammy (Tottenham) (Lab)
Both the Secretary of State and the Prime Minister have apologised for the Government’s failure of rape victims resulting in record low prosecution and conviction rates. In attempting to atone for these mistakes it is vital that the Government are honest with victims. Last week, in Prime Minister’s questions, the Prime Minister claimed he was investing another £1 billion in clearing the court backlogs, but in the spending review the figure announced to address the backlogs is £275 million. I am sure that the Prime Minister was not deliberately misleading the House. Will the Secretary of State correct the record?
Stephanie Peacock (Barnsley East) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Chalk)
I am grateful to the hon. Lady for raising that matter. It is an extraordinary fact that 10 years ago stalking was not even an offence, but it was made an offence in 2012. I, together with my hon. Friend the Member for Gloucester (Richard Graham), had a campaign to double the maximum sentence so there is a maximum sentence of 10 years imprisonment. But it is not enough to have the punishment; we have to make sure that these matters get before the courts as well, and that is why I am grateful to the police and the courts for prioritising them. Those who stalk should know that they will be punished properly.
Jonathan Gullis (Stoke-on-Trent North) (Con)
Kim Johnson (Liverpool, Riverside) (Lab)
Alex Chalk
I thank the hon. Lady for paying tribute to law centres; she is absolutely right to do that. They do an important job of ensuring that individuals—sometimes vulnerable individuals—can get that vital legal advice and access to justice that they need. That is why, at the beginning of the pandemic, when the message came out that they might face real threats to their viability, we stepped in. The Law Centres Network asked for £3 million and we provided that. It was distributed through the network to ensure that law centres have the funds they need to continue their excellent work.
Mr Philip Hollobone (Kettering) (Con)