Oral Answers to Questions

Debate between Alex Chalk and Liz Saville Roberts

Tuesday 9th January 2024 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

14. What steps his Department is taking to help ensure the safety of victims after violent offenders are released.

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

Protecting the public is our top priority. Offenders are subject to strict licence conditions on release, which can include tagging and exclusion zones, and they can of course be returned to prison if they breach those conditions. Victims of violent and sexual offenders serving prison sentences of 12 months or more are legally entitled to request protected licence conditions on release, including exclusion zones. The probation service works with partners including the police under the multi-agency public protection arrangements, to closely manage the risk presented by the most serious offenders.

[Liz Saville Roberts]

Rhianon Bragg’s attacker was convicted of stalking, possessing a firearm and making threats to kill. Only two months ago, the Parole Board decided that his probation release plan could not ensure public protection, yet he will be automatically released next month. I have sent numerous letters to Ministers on this matter but have received not a single reply. Given that the victim lives in a remote area, which makes conventional surveillance methods virtually impossible, will the Secretary of State finally provide a credible response to the urgent safety risks faced by victims such as Rhianon?

[Alex Chalk]

First, I thank the right hon. Lady for raising this case. I do know about the case of Rhianon Bragg—in the interests of complete transparency, I should say that I was at school with her. The Government introduced extended determinate sentences in order to better protect the public from dangerous offenders by making their early release dependent on the Parole Board. Offenders on extended determinate sentences must be released. As the right hon. Lady knows, there are no legal powers to hold them for longer at the end of that custodial term. However, they face years of strict supervision by the probation service with strict licence conditions, such as exclusion zones and curfews, and they will be returned to prison if they breach them. I am aware of the letter that was sent on the 14th to my right hon. Friend the Minister of State. He will of course be happy to meet the right hon. Lady to discuss those points.

Prison Capacity

Debate between Alex Chalk and Liz Saville Roberts

Monday 16th October 2023 Commons Chamber

[Alex Chalk]

To take the second point first, I am so pleased to hear my right hon. Friend say that. There are certain things that really are important in our jurisdiction: first, we do not do plea bargaining; secondly, we do not have political appointment of judges; and, thirdly, we have a jury system. These are incredibly important things. We do not talk about them enough in this Chamber, but they are immensely important to our basic freedom. I was delighted to hear that and, yes, he can be sure that we are not going down the road of plea bargaining.

On the point my right hon. Friend makes about ensuring people cannot come back, that is precisely the point. It is not just and it is not sensible to have people costing the taxpayer a huge amount of money in British prisons if, when they are out, they are never coming back anyway. That is central to our plan to ensure that, as we expand the ERS window, we put in place every necessary measure—in compliance or in consultation with our international counterparts—to ensure that once people are out, they are never coming back.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The second largest prison in Europe is HMP Berwyn in north Wales. As of today, I understand that it houses 1,989 prisoners. Any solution to the well-documented problems of violence at HMP Berwyn since it opened six years ago is continuously undermined by the failure to retain staff because working conditions are so extreme. Will the Secretary of State recognise that warehousing offenders in gargantuan prisons creates chronic problems and is not fit for purpose?

[Alex Chalk]

I am very glad the right hon. Member has mentioned Berwyn. I went to Berwyn, and she is right that we always want to recruit more prison staff, but let us pause for a second just to note how fantastic some of the work is in that prison. I was there in the jobcentre—in effect, there is a jobcentre within the prison—and people were having Zoom interviews with their potential employers on the outside. That is one of the reasons why reoffending has dropped while we have been in government from 32% to 24%, and it is one of the reasons why crime is down overall. She mentions the 1,900 or so people, but let me say—lest we forget—that the Labour party promised, before it left office, that there would be three Titan prisons with 2,500 people in them. Did they happen? Did they heck.

Oral Answers to Questions

Debate between Alex Chalk and Liz Saville Roberts

Tuesday 27th June 2023 Commons Chamber

[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?

Victims and Prisoners Bill

Debate between Alex Chalk and Liz Saville Roberts

2nd reading
Monday 15th May 2023 Commons Chamber

[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.

Lammy Review

Debate between Alex Chalk and Liz Saville Roberts

Tuesday 30th June 2020 Commons Chamber

[Alex Chalk]

We have to recognise that in implementing some of these recommendations, some are quite easy to do but some are much more difficult. For example, as part of this we are piloting plans for improved judicial recruitment. We have to recognise that recommendations will proceed sometimes in tandem, and I would be delighted to discuss with her the recommendations she refers to.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Black people from Wales are five times over-represented in prisons and BAME women face the extra disadvantage of having no women’s centres to support rehabilitation. That is just one example of data crying out for tangible action. Will the Minister provide a clear road map of the Government’s plans to open the first residential women’s centre in Wales?

[Alex Chalk]

I am very grateful to the right hon. Lady for raising the issue of a residential women’s centre in Wales. One of the things I am so proud of, in terms of the response to coronavirus, as the right hon. Lady will know, is the huge amount of money, as part of the £76 million that has been allocated, to support women in particular in the community—over £20 million coming from the MOJ itself. One of the things we want to do is to ensure that there is transparency about the data and who it helps. Crucially—this was not in Lammy, by the way—PCCs are now required to publish data on BAME representation, to ensure that those people as well are being properly represented and getting their fair slice of cake.

Domestic Abuse Bill (Eighth sitting)

Debate between Alex Chalk and Liz Saville Roberts

Committee stage & Committee Debate: 8th sitting: House of Commons
Thursday 11th June 2020 Public Bill Committees

[Alex Chalk]

I invite the hon. Lady to listen to the end of my remarks. If I can put it in these terms, the words I will use at the end are carefully phrased. I invite her to listen to those and then decide. A huge amount of work has gone into this panel, and getting to a place where we are ready to publish is the stuff of enormous effort. We are moving as quickly as we can, and it will be published as quickly as possible.

On the civil courts, there are no specific provisions in the civil procedure rules that deal with vulnerable parties or witnesses. However, judges have an inherent power, where the court is alerted to vulnerability, to make a number of directions or take steps to facilitate the progression or defending of a claim or the giving of evidence by a vulnerable party.

[Liz Saville Roberts]

To summarise considerably, I am sure that the Minister is aware that the Civil Justice Council returned earlier this year with the civil procedure rule committee. One of its recommendations was a new practice direction to address vulnerability. I wonder whether he could consider that.

[Alex Chalk]

The hon. Lady must have a copy of my speech, because I will come to that point in just a moment.

The directions that a civil court can make include, but are not limited to, giving evidence via video link, by deposition, by the use of other technology or through an intermediary or interpreter. On the hon. Lady’s point, following the April 2018 publication of the interim report and recommendations of the independent inquiry into child sexual abuse, the Ministry of Justice commissioned the Civil Justice Council—an advisory body responsible for overseeing and co-ordinating modernisation of the civil justice system—to consider the issues raised by these recommendations, and to compile a report that was not to be restricted only to victims and survivors of child sexual abuse.

The CJC published its report, “Vulnerable witnesses and parties within civil proceedings: current position and recommendations for change”, in February 2020. It made a number of recommendations, as the hon. Lady rightly points out. On special measures, the CJC report concluded that, in the civil jurisdiction, the issue is one of awareness and training, rather than lack of legal powers or framework. This goes back to my point on the role of this place in promoting awareness while recognising that discretion should be available to the court. That was the CJC’s conclusion. Its suggestion was that special measures were best left to the flexibility of court rules. The Government are considering how the recommendations in the independent report should be taken forward.

What is evident from the evidence received by the family panel and the Civil Justice Council is that the current position is unsatisfactory. The question is how best to improve the situation and ensure that vulnerable witnesses in the family and civil courts receive assistance to give their best evidence, in a way analogous to what the Bill already provides for in the criminal courts. We have the report from the Civil Justice Council to guide us but do not yet have the report of the family panel. However, I hope and expect that we will have it shortly, and it is right that we should consider the panel’s findings before legislating.

I am sympathetic to the intention behind these proposals. If the hon. Member for Edinburgh West would agree to withdraw her amendment I can give her and the shadow Minister an assurance that, between now and Report, we will carefully consider both proposals, and how best to proceed. If they are not satisfied with the conclusions the Government reach, they are of course perfectly entitled to bring amendments back on Report.

--- Later in debate ---

[Alex Chalk]

Before turning to the specific point, I listened carefully to what the hon. Member for Hove said, and it was clear that he has taken a close interest in the issue. I thank him for the energy that he has clearly applied to it. As I was listening to him, I heard about Bills that had fallen, elections that had come and UQs that had happened, and I was reminded of Otto von Bismarck, the German Chancellor, who said: “Laws are like sausages; it is best not to watch them being made.”

That is absolutely right and I felt it about this. Inevitably—not inevitably, but not uncommonly—it can take time to get there, but we are absolutely delighted with where we have arrived at with this important legislation. It is important to note, too, that it takes place in the context of other important legislation that it was possible to get over the line earlier, such as on coercive control or modern slavery. The Bill sits within that wider context in which we take some pride.

I will first address the issue of spent convictions, friends and so on, and that will allow me to go back to a point made by the hon. Member for Birmingham, Yardley, when she in effect said, “What happens in circumstances where it is not necessarily a conviction or a caution, but something else?” If hon. Members turn to page 40 of the Bill, that is the relevant part of clause 59, which deals with how the Matrimonial and Family Proceedings Act 1984 will be amended. The clause having dealt specifically with issues of conviction and caution, proposed new section 31U—“Direction for prohibition of cross-examination in person: other cases”— states:

“In family proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining…a witness in person if…none of sections 31R to 31T operates to prevent the party from cross-examining the witness”—

that relates to people protected by injunctions, convictions or other matters—and

“it appears to the court that—

(i) the quality condition or the significant distress condition is met, and

(ii) it would not be contrary to the interests of justice to give the direction.”

In other words, it would be open to the party to indicate to the court: “Yes, I don’t automatically qualify, but I’m going to provide a statement that indicates that it would adversely affect the quality of the evidence I can give were I to be cross-examined by the other party.” I hope that that will give the courts confidence that flexibility is deliberately built into the system.

[Liz Saville Roberts]

To return to my concern about the lack of communication between jurisdictions, on spent convictions we are going quite a long way down the road as to what communication is necessary. Is the Minister confident that there is sufficient communication, or that there will be in the wake of the legislation, to ensure that such situations are safeguarded against?

[Alex Chalk]

Yes, I am confident, but it goes back to the earlier point that we were making about culture. If, by dint of the legislation, the family judges, when deciding whether to make one of the orders, are alive to the fact that they will need to consider whether someone has a conviction or a caution, that will, in and of itself, encourage and require the co-operation of the police. In other words, the court will have to find out what is on the police national computer in respect of the other party.

I am confident that courts will see their way to ensuring that those lines of communication are in place. Quite apart from anything else, if a judge finds himself, or herself, in a situation where he cannot make the order because he has not been provided with the information he needs, we can be very sure that he is likely to say something about that. That will, I am sure, elicit change in the fullness of time, so the short answer to the hon. Lady’s question is yes.

Question put and agreed to.

Clause 59, as amended, accordingly ordered to stand part of the Bill.

Clause 60 ordered to stand part of the Bill.

Clause 61

Offences against the person committed outside the UK: Northern Ireland

Question proposed, That the clause stand part of the Bill.

Prison Staff: Health and Safety

Debate between Alex Chalk and Liz Saville Roberts

Wednesday 18th March 2020 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Robertson.

I thank the hon. Member for East Lothian (Kenny MacAskill) for leading this debate and for starting it in such a helpful and comprehensive way. I also thank the hon. Member for Easington (Grahame Morris), in his absence, for securing it. I entirely agree that he is doing the right thing, as is the Minister for whom I am standing in, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), who is also self-isolating.

The debate has been genuinely excellent. One of the points made early on was this business about “The Shawshank Redemption”—the extent to which in our constituency mailbags the conditions in prisons are not necessarily the No. 1 priority. However, everyone in this House recognises that the state of our prisons is a critically important aspect of a functioning and decent society. I am grateful to all those who have taken the trouble on this most difficult day to make their points as they have.

I will add my own perspective briefly. A meeting with a constituent that I will never forget was with an experienced prison officer from Cheltenham. He had been seriously injured by an inmate at HMP Bristol, and came to speak to me about what had happened. What was so striking was that, despite that ordeal, he remained in post, undaunted, unbowed and utterly committed to his job. He demonstrated the finest values of the Prison Service, to which I pay tribute—not just with the usual platitudes about dedication, but acknowledging the values of courage, compassion, judgment and professionalism. He also demonstrated what everyone in the debate recognises as important: the determination to root out what Winston Churchill referred to many years ago as the

“treasure in the heart of every man”.

As the hon. Member for North Ayrshire and Arran (Patricia Gibson) said, being a prison officer can be a rewarding career for that very reason—being able to turn lives around.

Perhaps the most important point that I have taken away from this debate, made by both Government and Opposition Members, is that we need people like my constituent to stay in the Prison Service, because there can be few jobs in which experience is more important. Those senior officers provide leadership to others and set the culture of a successful prison. Equally, as my hon. Friend the Member for Henley (John Howell) said, those governors who have been in post will make the difference too. That is just one reason why this debate is so timely and important, and I am grateful to the hon. Member for Easington for bringing it before the House.

I will set the context not by way of excuse but as a fact that we have to address. The prison population is more volatile than it was 10 years ago. That is partly down to drugs and partly down to various other social symptoms, I am sure, but that population is more volatile. That is part of the context.

Let me turn, however, to the issue of covid-19, which the Opposition spokesman, the hon. Member for Enfield, Southgate (Bambos Charalambous), rightly raised. Covid-19 is testing, and will test further, every part of our national life. Our prisons will not be immune from that. The most careful thought and planning has gone into preparing our prisons. That work does not emerge from a clear blue sky, but is built on existing and well-developed policies and procedures to manage outbreaks of infectious diseases.

Prevention is of course better than cure, and basic hygiene practice has been rolled out in prisons, as one might expect. For those infected, prisons are well prepared to take action whenever cases or suspected cases are identified. Plans include isolating where necessary. Turning to the point about HMP Berwyn made by the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), the issue of whether specific prison wings can be used is a matter, quite properly, for consultation with the governor. That may be the appropriate thing to do, but it is not a diktat from Whitehall. I am grateful to the right hon. Lady for raising the issue. The governor will need to be looped into any such decision.

[Liz Saville Roberts]

I seek from the Minister a response to the concern locally that Berwyn will continue to fill. Its population is currently about 1,800, so it is slightly under capacity. It has been filled slowly, deliberately. At this time, it is even more important that there is not a rush to fill that prison, because it has the potential to do very good work in other ways.

[Alex Chalk]

I take that point and leave it where it lies. I thank the right hon. Lady for making it.

There is a long-standing national partnership agreement with the Department of Health and Social Care and Public Health England for healthcare services for prisoners. Under that agreement, people in prison custody who become unwell do, as hon. Members know, have the benefit of on-site NHS healthcare services, which provide the first-line assessment and treatment response.

This second point is really important. We recognise the importance of prisoners maintaining contact with their family during this difficult period. Public Health England supports our desire to maintain normal regimes for as long as we can. If those cannot continue, well-worked-up plans are in place to ensure that that continues by other means, to the fullest extent possible.

Keeping people informed is also essential. We are issuing regular communications to staff and all the individuals in our care to explain the steps that we may need to take to protect them from the virus, to minimise anxiety and ensure maximum understanding and co-operation as the situation develops. That means providing regular updates via National Prison Radio, issuing guidance to staff and governors, providing posters and so on.

Let me turn to the staff impact. Staff have been and will be affected by this disease. We are moving swiftly to make additional staff available to establishments so that if current staff are unable to work because of infection, we can continue to run as normal a regime as possible. Some contingency planning may include the need to ask staff to work in a different place and potentially do different tasks; that will be to ensure that we can maintain frontline operational delivery to protect the public and robustly manage risks. In addition, as and when required, operational staff currently working in headquarters will be redeployed to prisons to support the service to maintain minimum staffing levels. May I take this opportunity to thank the unions, which are engaging proactively and co-operatively in this national endeavour? We are hugely grateful for that support.

The point was made about not penalising non-delivery of teaching hours. That seems to me eminently sensible. I hope that the right hon. Member for Dwyfor Meirionnydd understands why I cannot commit to anything, but I take that point in the spirit in which it was intended and I hope that it will be given appropriate consideration.

Let me turn to the fair point that was made that existing safety measures are necessary to tackle a threat that exists, notwithstanding covid-19. There has been significant investment in increasing staff numbers. We recruited more than 4,000 additional full-time equivalent prison officers between October 2016 and December 2019. A fair point was made on pay. In July 2019, the MOJ accepted the Prison Service Pay Review Body’s recommendations in full. The pay award was worth at least 2.2% for all prison staff, and there was a targeted 3% increase for band 3 prison officers on the frontline. It is the second year in a row that we have announced above-inflation pay rises, over 2%.

However, pay is only part of it. I completely recognise that conditions are critically important, too. How do we go about improving conditions so that experience is embedded in the Prison Service and those valuable officers will remain in place, providing the guidance, the culture and the leadership that a successful prison needs?

The first point is about the key worker role. This critically important initiative allows staff dedicated time to provide support to individual prisoners. That will help us to deal with emerging threats and improve safety, and of course it is important for those individuals to feel that they are being listened to and their concerns addressed. That helps them to feel valued, and of course helps the safety and stability of the prison. Key workers have a case load of about six prisoners. They have weekly one-to-one sessions with their prisoners to build constructive relationships and reduce levels of violence. That has started in all 92 prisons in the male closed estate, with 54 now delivering key work as part of their business as usual.

My hon. Friend the Member for Henley made an excellent point about purposeful activity and gave the useful example of what is happening in Germany and, I think, Denmark as well. That is exactly what we need to be getting to, and I commend him for making that powerful point.

The second point is serious offender intervention. We also have a range of capabilities to manage the risk that the most serious offenders pose in prison, including rehabilitative interventions and separation centres. Mental health was rightly raised. There are mental health facilities, but, as per the entirety of British society, mental health is a bigger issue now than it was in 2010. In fact, one of the bright lights, if I can use that expression, in the prison estate is the improving quality of mental health provision. That needs further strengthening, of course.

The third point is about equipping prison officers. We are committed to providing prison officers with the right support, training and tools. One essential matter is that we have started to roll out PAVA synthetic pepper spray for use by prison officers, but we want to ensure that PAVA defuses tensions, not creates them. All roads lead back to having established and experienced staff, because they will need to use their discretion in a sensible way to operate it.

[Liz Saville Roberts]

The association between PAVA and key workers is understandable, but when many staff are away from duty and dependent on bringing staff in on detached duty to another prison, prisons end up, I am told, without that critical number of key workers—there is a vicious circle and PAVA will not be able to be implemented. Will he commit his Department to looking at how PAVA can actually be brought into prisons? The association between key workers and PAVA at present is not working in all prisons.

[Alex Chalk]

I will certainly look at that and escalate it to the right hon. Lady.