Oral Answers to Questions

Debate between Alistair Carmichael and Alex Chalk

Tuesday 14th May 2024 Commons Chamber

[Alex Chalk]

I thank the hon. Gentleman for raising that important question. We are broadening access to legal aid. The means test review, when fully implemented, will put an additional £25 million into legal aid and bring an additional £2 million into the scope of legal aid. We are rolling out the housing loss prevention advice service—that is another £10 million going in. There will be up to £141 million going into legal aid. We are also rolling out the review of civil legal aid, which will report later this year. We will be issuing a Green Paper in July to look at what we need to do to have a sustainable, resilient and well-resourced system, because we want high-quality lawyers doing civil legal aid. That is vital for the kind of country we want to be.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

18. What recent assessment he has made of the potential implications for his policies of the case backlog in the criminal and civil courts.

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

We remain committed to reducing the outstanding case loads across our courts in England and Wales. To enable the courts to get through more cases, we have extended the use of 20 Nightingale courtrooms this financial year, allocated £220 million for essential modernisation and repair work of our court buildings up to March next year, and funded unlimited sitting days, including 107,700 days during the most recent financial year, the highest level since 2016.

[Mr Carmichael]

For anyone who has been a victim of crime, delays in getting cases into court add massively to the stress and anxiety they experience. What would the Secretary of State say to any Member whose local magistrates court had 1,954 criminal cases waiting to be heard at the end of December 2023? Would he say that a backlog of that scale was acceptable?

[Alex Chalk]

The right hon. Gentleman raises an important point about magistrates courts. It is true that case loads in magistrates courts, which of course deal with over 90% of crimes—common assault, criminal damage, non-residential burglary and so on—are significantly lower than they were during the pandemic. The particular pressure is in the Crown court. We made a decision of principle during the white heat of covid not to get rid of jury trials. Now, I know that in Scotland the SNP Government are a little ambivalent about jury trials, but we think they are a very important part of the rights of free-born Britons. We will hold fast to them and we will put in resources: more Nightingale courts; more judges, by raising the retirement age; and more legal aid. We will invest in and recover the system while holding fast to our principles.

Prisons and Probation: Foreign National Offenders

Debate between Alistair Carmichael and Alex Chalk

Tuesday 12th March 2024 Commons Chamber

[Alex Chalk]

My hon. Friend assiduously raises matters on behalf of her constituents and is going to be such a loss to this House. She indicates in that question why she will be. Of course, I cannot comment on the specific circumstances relating to her constituent, because of the independent trial process. The Criminal Justice Bill contains Home Office measures, but I will ensure that the Home Secretary is aware of the points she has raised.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The number of cases disposed of by our courts is down by 200,000 from its pre-pandemic level—a reduction of 12%. What is the Secretary of State doing to eliminate that backlog? What impact does he think there will be on prison numbers in the event that he is successful?

[Alex Chalk]

That is a fair question. It is always worth remembering that more than 90% of cases are disposed of in the magistrates court, where we are getting through a very significant number. He makes a fair point about the Crown court, because we are prosecuting 32% more rape offences than before, so the plea rate is lower, because—guess what?—people do not plead guilty to rape in the way that they might plead guilty to handling stolen goods, for example. So we address that by putting additional money into the system, with £141 million going into legal aid, and by ensuring that section 28 is used, with pre-recorded video evidence and so on. We make no apology for the fact that we have to let the system take its course on these appalling crimes and we will do everything we can to increase resources so that people—victims and witnesses—get the justice they deserve.

Victims and Prisoners Bill

Debate between Alistair Carmichael and Alex Chalk

2nd reading
Monday 15th May 2023 Commons Chamber

[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.

[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.

Oral Answers to Questions

Debate between Alistair Carmichael and Alex Chalk

Tuesday 29th June 2021 Commons Chamber

[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)]

What recent progress has been made on the independent Human Rights Act review.