Classical Music: Funding and Support
Debate between Bambos Charalambous and Robert Neill(1 year, 1 month ago)
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Bambos Charalambous
The hon. Gentleman makes an excellent point. Music education should also be part of this conversation. It may be outside the scope of the Department for Culture, Media and Sport, but we need to make sure that young people have that musical education and also careers to go into. If we cut the orchestras, we cut the opportunities for people who pick up a musical instrument in school and want to progress in the field of music.
The recent devastating decisions to which I just referred are, of course, those taken by bodies such as Arts Council England and the BBC. They are going to negatively affect the funding of the English National Opera, the Britten Sinfonia, the Welsh National Opera, Glyndebourne’s touring opera and, of course, all the BBC orchestras in England. In addition, decisions have been taken to reduce funding to established orchestras such as the London Symphony, the London Philharmonic and the Philharmonia.
Thankfully, we heard last week that the BBC Singers have been given a temporary stay of execution, but this reversal came only after a huge public outcry, and the reversal itself calls into question how such decisions have been taken. More than 150,000 people have signed a petition condemning the cuts, and there have been open letters from appalled global leaders in classical music, including more than 800 composers and many choral groups.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I warmly congratulate the hon. Gentleman on securing this debate. He and I were at a meeting yesterday with members of the company of the English National Opera. They are in the most precarious situation, because they simply do not know whether they will have sufficient work to keep their families in necessities after the end of this season. Does the hon. Gentleman agree that the behaviour of the Arts Council—the supposed promoter of excellence in the arts in England—has actually been the reverse of what is supposed to happen? By hitting companies such as the English National Opera, the most accessible of our opera companies, and touring companies such as Glyndebourne and the English tours of the Welsh National Opera, the Arts Council is reducing the spread of excellence in art to people outside London, rather than spreading it out. That is the exact reverse of what the previous Secretary of State, my right hon. Friend the Member for Mid Bedfordshire (Ms Dorries), told it to do. It makes no sense at all, does it?
Bambos Charalambous
The hon. Gentleman makes an excellent point. I will address that issue later, but it is true that the companies that have been cut do a lot of touring work and provide access to parts of the UK that would not necessarily be able to access orchestras or opera.
It is important to note that the BBC Singers’ future still remains highly uncertain, with no plan outlined for their future security. Meanwhile, the BBC is still planning to cut the budgets of its concert, philharmonic and symphony orchestras by 20%. I know that the Minister will argue that the Government do not have direct responsibility for the cuts I am referring to, made as they are by both the BBC and Arts Council England, but let us be clear: the relationships that the Government have with those bodies have a profound influence on the decisions that are taken. It is the Government who set the political environment and the cultural zeitgeist in which decisions are taken. While it is right that the arm’s length bodies are operationally independent, it is also right that major decisions that impact on our cultural and artistic ecosystem can be challenged and questioned.
In the case of the Arts Council England funding announcement for 2023 to 2026, the then Secretary of State, the right hon. Member for Mid Bedfordshire (Ms Dorries), set a directive that told the body where its funding should go. That brings into question the arm’s length principle on which Arts Council England was founded. There is a lack of transparency in how recent decisions at the BBC and the Arts Council have been reached. The Government can, if they choose, create an environment in which classical music is nurtured by the arm’s length bodies taking decisions on the ground, but sadly, what we see at the moment is the opposite. Therefore, I would be very interested to hear from the Minister how the Government plan to support our classical music infrastructure against the recent onslaught of damaging decisions.
First, I want to speak in more detail about a couple of those decisions. Let us look at Arts Council England’s decision to cut the English National Opera’s annual grant of £12.6 million and replace it with £17 million over three years, with a stipulation that the ENO must move out of London. That decision was announced in November 2022, but in January of this year, Arts Council England announced a review of opera and musical theatre. That review is called “Let’s Create”, but some may think it would be better named “Let’s Destroy” following Arts Council England’s cuts to the ENO and other national portfolio organisations. What sort of chaotic organisation makes the decision to cut first and carry out a review later?
Following a large public outcry and campaigns by the Musicians’ Union and Equity, it was announced in January that the national lottery would make an additional grant to the ENO of £11.46 million. That still represents a cut of 9%, and the uncertainty about the ENO’s future and its need to relocate has meant that productions for this year have been cancelled. Redundancies have also been made in the ENO Chorus, which is one of the most diverse choruses in Europe.
Those decisions by Arts Council England appear to have been informed by the levelling-up agenda, plus the direct instruction of the then Secretary of State to move money away from London. However, the ENO has long been at the forefront of offering a commendable outreach programme to local communities and has a strong record of supplying free tickets to the young, as well as relaxed performances for those with sensory needs. Forcing the move of the ENO with the likely loss of its existing orchestra and technicians will not lead to levelling up, but to levelling down overall. The Government really need to step in to ensure that the cultural infrastructure of London is not damaged irrevocably by decisions such as this and the others I mentioned earlier. One area’s cultural offer should not be damaged in the name of another’s.
That brings me to another set of worrying decisions: those taken at the BBC. Again, these have taken place within the cultural climate and overall policy agenda set by the Government. As I stated before, the BBC’s decision to take the axe to the BBC Singers appears to have been reversed for now, but how appalling it is to even contemplate dismantling one of the world’s most renowned ensembles in what will be its centenary year.
Release Under Investigation
Debate between Bambos Charalambous and Robert Neill(4 years, 2 months ago)
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Bambos Charalambous
The hon. Gentleman is absolutely right. I will come to that point later. The use of police bail has dropped dramatically, and the use of RUI has increased exponentially. That is partly because police bail is out of date, but I will come to that.
As I said, justice delayed becomes justice denied. Before we consider all the implications of those stark facts, let me draw attention to the huge increase in the use of release under investigation. All evidence suggests that the use of RUI has expanded massively since changes to bail introduced by the Policing and Crime Act 2017. In London, for instance, 67,838 people were released on bail in 2016-17. In 2017-18, that number fell to 9,881, yet the number of people released under investigation in the same period was 46,674. That indicates that RUI is being used to replace bail. The checks and balances of the bail system are being swept away by a system that has neither.
The picture is incomplete, because only 20 of the 44 police forces in England and Wales have released data on RUI. However, despite the patchy data, a clear pattern emerges. For instance, in Nottinghamshire, the Thames valley and Cheshire, as in London, the number of people on bail has plummeted, while the number released under investigation has skyrocketed. Worryingly, the Bar Council estimates that the number of offenders suspected of violence against people or of sex offences who are released under investigation has risen from 1,300 in 2016 to 27,000.
Sir Robert Neill (Bromley and Chislehurst) (Con)
The hon. Gentleman is making a powerful point. Is not the real rub that because of the exchange in effect of bail for RUI, two safeguards are lost? The first is the protection of the accused in relation to the review process and time limits that go with bail and the ability to argue a case, and the second is the protection for the victim, who cannot have, for example, non-contact or address conditions attached? There is also, in terms of general public protection, the risk of reoffending. Is that not what Assistant Commissioner Ephgrave meant when talking about the unintended consequences?
Bambos Charalambous
The hon. Member makes an excellent point. It is the loss of those safeguards after the Policing and Crime Act introduced RUI, in effect to replace bail, that I am highlighting in my speech. It is easy to understand why this has happened: huge reductions in police and Crown Prosecution Service resources under austerity make it extremely difficult for evidence to be collected within the timeframes imposed by bail conditions.
Bambos Charalambous
The hon. Gentleman makes an excellent point. We need to review the process that takes place before charging, but we now live in an age where more information has to be collected from phones and digitally, which takes up a fair amount of resources.
It is vital that the following issues are taken into account by the Government. First, it is essential that RUI incorporates time limits. It is understandable that the bail system needed reform. Time limits attached to bail have often been unrealistic in terms of dealing with huge amounts of digital and social media evidence, which is now often relevant to cases. It has been suggested to me by a senior police figure that a longer and staggered time period, with different levels of approval, might make bail work better. However, it is still essential that time limits of some kind are brought into the RUI system so that victims and suspects are no longer left in limbo. For these time limits to work, it is also vital that the police, the CPS and criminal lawyers are properly resourced.
Secondly, while the promised increase in police numbers by the Government is welcome, there must also be proper resourcing for the collection and sorting of evidence, especially where it is stored digitally or where forensic analysis is required. The Government must ensure that procedures and funding fit for the 21st century are in place.
Thirdly, it is imperative that certain categories of crime are excluded from the RUI system. It is entirely inappropriate for suspects accused of domestic violence, violent crime or sexual violence to be placed under RUI.
Sir Robert Neill
The hon. Gentleman is making an impressive speech. Could his last point be dealt with by reforms to the codes of practice set out by the Police and Criminal Evidence Act 1984, to say that the use of RUI must be proportionate? If an offence were of the nature that it would attract unconditional bail, RUI might be a convenient way forward, but it is almost inconceivable that people charged with violent or sexual offences would be released on unconditional bail. In such cases, there would normally be a non-contact condition or a condition of residence—something of that kind. It would be simple to take those offences straight out of the system and go back to bail, to the benefit of everybody.
Bambos Charalambous
The hon. Gentleman makes an excellent suggestion. I hope the Minister takes note of that and that it is fed into the consultation.
Finally, it is vital that where RUI is used, some conditions can be imposed. There should be a mechanism for knowing where suspects are and for preventing them from being in contact with alleged victims and witnesses. All parties should kept updated at regular intervals.
To conclude, we must uphold the two vital principles of our justice system: justice delayed must not become justice denied, and everyone has a right to be regarded as innocent until proven guilty.
Court Closures: Access to Justice
Debate between Bambos Charalambous and Robert Neill(4 years, 10 months ago)
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Bambos Charalambous
The hon. Lady is absolutely right. Many people do not obtain the legal advice that they need to make such informed decisions, and that, too, is part of the problem.
Robert Neill (Bromley and Chislehurst) (Con)
The hon. Gentleman made a wrong career move at some point. [Laughter.] At the risk of attempting to cross-examine him, may I suggest that the answer to that point might be that, while it is perfectly true that the acquitted defendants will be entitled to apply for the return of their costs, there is a broader public interest in bringing the guilty defendants to court so that they can be convicted and justice can thereby be done?
Bambos Charalambous
The hon. Gentleman has made an excellent point. He is quite right: that is indeed the case.
Women’s Aid has highlighted that fact that, in rural areas in particular, survivors of domestic abuse must travel long distances to reach family courts. Apart from the question of childcare arrangements and the cost of travel, there is a serious safety concern, as the perpetrators of the abuse may be travelling on the same route at the same time, owing to the infrequency of public transport services in those areas. That has the potential to make an already stressful and harrowing experience even worse. I note that Her Majesty’s Courts and Tribunals Service has confirmed that it is considering whether to pay for taxis to ferry defendants and witnesses from the most remote parts of the country to hearings. This just goes to demonstrate that little or no consideration has been given to the impact of court closures on court users.
As alluded to by my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), there is a court modernisation programme and most people are broadly supportive of this £1.2 billion programme and making best use of technology to help alleviate the pressures on courts and tribunals, but this is not the panacea for court closures. There are those who will be digitally excluded due to difficulty in reading or writing, but even those who can navigate their way through the technology will still need proper advice.
Many litigants in person do not understand the legalities in their case. This can lead to unintended consequences such as pleading guilty to something they have a defence to, or choosing a path that may lead to them being penalised with costs. The cuts to legal aid funding and the lack of access to legal advice leads to a raw deal for some. They should be getting justice. The Public Accounts Committee said in its report “Transforming courts and tribunals” that
“without sufficient access to legal advice, people could make uninformed and inappropriate decisions about how to plead, and that the roll-out of virtual hearings could introduce bias and lead to unfair outcomes.”
Video hearings are not suitable for all cases because the informality of giving evidence by video could result in adverse inferences being taken about a person’s demeanour, which would not be the case if that evidence was being given face to face.
Some courts are not even ready to deal with court modernisation. Court No. 1 in Taunton only has one plug socket on the lawyers’ bench, making it impossible for all lawyers present to charge their laptops. Wi-fi is also poor or non-existent in some courts.
The reality is that HMCTS has no overarching vision of what it expects courts and tribunals to look like in the future. Unless it provides data to make it possible to make a robust assessment of the equality impacts of current court closures, it should cease closing courts.
Disclosure of Youth Criminal Records
Debate between Bambos Charalambous and Robert Neill(5 years, 1 month ago)
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Robert Neill
That is certainly true, and it indicates the need for a much more joined-up and holistic approach to dealing with this matter. I am sure it is something we need to return to and address. Although it can only deal with a part of that problem, disclosure and barring needs to be resolved itself. The updating of the whole approach to dealing with criminal records, disclosure of information and the regulation of social media is important, because all of them can get in the way of helping people to turn their lives around.
The point made by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) about examples from other countries is significant. Our criminal justice system has some of the worst reoffending results among our comparators, and one reason for that is the difficulty of getting people back into employment, education, homes, work and relationships. To a greater or lesser degree, the mechanistic operation of the current disclosure and barring system can be a bar to people moving on in those directions, all of which, the evidence overwhelmingly shows, make people less likely to reoffend. We are getting in the way of that.
Bambos Charalambous (Enfield, Southgate) (Lab)
Does the hon. Gentleman agree that the cumulative impact of disclosing youth criminal records is an avoidable barrier to employment, education and housing, which can be devastating for a young person and can lead to long-term adverse effects way into adulthood?
Robert Neill
Yes it is, and the evidence, as I will perhaps demonstrate if I make a bit more progress, shows exactly that. That is entirely the problem that we find. The particular difficulty is that the system is not only mechanistic but is in practice arbitrary—there is no real discretion—and has no right of appeal to speak of. None of those can be just.
As my hon. Friend the Member for Cheltenham (Alex Chalk) and others pointed out, certain things can be filtered out, but that is arbitrary. A single conviction can be filtered out, provided it did not result in a custodial sentence, was not for a listed offence—broadly, a serious offence, although that is probably not the issue most of us would take, as other bits come into it later—and that more than 11 years have elapsed since the date of the convictions. All the evidence suggests that, nowadays, for young men in particular, maturity and desisting from criminal behaviour kick in around the age of 25. Eleven years back from that, they could have been convicted as a teenager for exactly the sort of stupid incident that my hon. Friend referred to, which would then not be filterable at a time when they sought to move into education and work. That is an obstacle, as the evidence clearly shows, and it is no longer realistic, in our submission.
Single offences can be filtered provided that the sentence was non-custodial and was not a listed offence, as well as that more than 11 years have elapsed since the date of the conviction, or more than five and a half years if the person was under 18. That could still be within a key time when they were moving into their mid-20s and getting jobs.
Select Committee on Justice
Debate between Bambos Charalambous and Robert Neill(5 years, 10 months ago)
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Robert Neill
I am grateful to the hon. Gentleman for those comments. I am not sure how far the roll-out has gone so far, but we certainly believe that the move in Scotland is in the right direction, and that is evidenced by the situation in many other jurisdictions, where there has been the same effect. I would not want to be held to specific numbers, but I think that the direction of travel to which the hon. Gentleman refers would be absolutely right. I do not think that there are basic, underlying causes that make the English more intrinsically criminal than the Scots, or more prone to reoffending than the Scots, the Germans, the Dutch or our other neighbours—it is tempting fate to say that to the hon. Gentleman, but with a middle name of MacGillivray, perhaps I can say it. I do not think that is the case, so I think we should pursue this proposal. The key bit, I think, is systemic failures, rather than underlying social causes.
Bambos Charalambous (Enfield, Southgate) (Lab)
I very much welcome the report, and particularly the recommendations in paragraphs 100, 102 and 106, which relate to the voluntary sector. Does the hon. Gentleman agree that there needs to be much greater voluntary sector involvement in the rehabilitation of offenders, because those organisations are best placed to reach offenders and address issues relating to their offending, and that CRCs must do more to increase the employment and engagement of the voluntary sector in this sphere?
Robert Neill
The hon. Gentleman, whose work on the Select Committee is much appreciated, is absolutely right. There are examples of good work being done in the system. In the north-east in particular, there are some areas where the voluntary sector has worked well, taking a leading role within CRCs, but they are the exception to the rule. That is why we think that the new system must have specific targets for the voluntary sector, and means of getting it into the system. I know from my experience over the years that the voluntary sector is much more flexible. It is much more able to calibrate to the local social, economic, job-market and housing-market needs, which are all-important in rehabilitation, and is able to build up links at local level with the relevant agencies, in a way that so far has tended to be lacking in the very large and sometimes remote organisations. The hon. Gentleman is totally right.