Oral Answers to Questions

Barry Sheerman Excerpts
Tuesday 16th December 2014

(9 years, 11 months ago)

Commons Chamber
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Simon Hughes Portrait Simon Hughes
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The answer is yes. My right hon. Friend and his Committee have been very clear as to the right way forward. We agree with them. There has been good practice and bad practice. The intention of the new guidance and the new code of practice is that we should monitor the situation carefully, and where bad practice follows, that should be made public so that we can name and shame those who do not deliver at least the standard that freedom of information legislation requires.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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I am a bit confused. We have had one Minister answering questions on behalf of the Conservatives and now another Minister answering on behalf of the Liberal Democrats. May I ask the right hon. Gentleman to answer this on behalf of the Government: have the Government looked at what the Public Accounts Committee said about the heavy reliance on a very small number of private sector contractors in justice, in health and anywhere they have been privatising our public services? Can we have more scrutiny? Can we have more information about who gets these contracts and how?

John Bercow Portrait Mr Speaker
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That question is to be put on this occasion only to the Ministry of Justice. Health issues are very important, but are for another day.

Dangerous Driving Offences (Sentencing)

Barry Sheerman Excerpts
Tuesday 4th November 2014

(10 years ago)

Westminster Hall
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Lord Sharma Portrait Alok Sharma
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My hon. Friend is an expert in the law, and he knows about these matters, so I hope that the Minister has listened to what he said. We will talk about the review being conducted by the Minister, but I hope that that point will form part of it.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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I, too, congratulate the hon. Gentleman on a timely debate. I started the campaigning group PACTS, the Parliamentary Advisory Council for Transport Safety, many years ago, because I saw two people lying by the side of the road dying. My passion has always been to stop such needless deaths. Does he agree that we want evenness of justice in this country? Wherever in our land that ghastly offence of death by dangerous driving occurs, there should be the same penalty with the same severity.

Lord Sharma Portrait Alok Sharma
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The hon. Gentleman is right. I was about to say that even had the offender in the case I mentioned got 14 years, that would not have been enough. The reality is that that man, Walter, will probably be out of prison in a lot fewer than 10 years.

Social Action, Responsibility and Heroism Bill

Barry Sheerman Excerpts
Monday 20th October 2014

(10 years, 1 month ago)

Commons Chamber
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Andy Slaughter Portrait Mr Andy Slaughter (Hammersmith) (Lab)
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I beg to move amendment 1, page 1, line 4, at end insert—

“( ) Nothing in this Act confers on any person immunity from civil liability, nor does it change the relevant standard of care in negligence or breach of statutory duty”.

With all due respect to you, Mr Speaker, and to the House, I do not think the House will dignify the Bill with much by way of a debate. It has been comprehensively trashed even by its supporters. I think that of 24 witnesses originally asked by the Government to give evidence in Committee, only five turned up. Most of those, even if they supported the principle of the Bill, said how poorly it was drafted. Even the Forum of Insurance Lawyers, which represents the interests of defendants and insurers in whose interests the Bill is drafted, did not have a kind word to say about it. It was buried on Second Reading by the shadow Lord Chancellor, my right hon. Friend the Member for Tooting (Sadiq Khan) and, not least, by the hon. and learned Member for Harborough (Sir Edward Garnier). It was dug up and reburied in Committee, and there are only so many times that its corpse can be paraded around Parliament. Indeed, the only thing the hon. and learned Member for Harborough was wrong about was to say that when the Bill becomes an Act it

“will be the subject of derision and confusion”.—[Official Report, 21 July 2014; Vol. 584, c. 1204.]

It is already the subject of derision and confusion.

Amendment 1, and the other amendments we have tabled, reiterates some of what was put forward in Committee. I make no apology for that. We are simply trying to get an answer from the Minister on the points on which he was either vague or contradictory, and, in the last chance before the Bill leaves this House, to see what exact purpose lies behind it.

Amendment 1 states:

“Nothing in this Act confers on any person immunity from civil liability, nor does it change the relevant standard of care in negligence or breach of statutory duty.”

It might seem surprising to need a clarification of that order, but that is exactly what is necessary because the Government have not been clear from day one on whether the Bill seeks to change the law or not. In the pre-publicity, if one can put it that way, the Lord Chancellor said:

“It does not rewrite the law in detail or take away discretion from the courts, but it sends a signal to our judges and a signal to those thinking about trying it on”.—[Official Report, 21 July 2014; Vol. 584, c. 1187.]

Whether the proper purpose of legislation is to send a signal to those thinking about trying it on, I leave it to other Members to comment on.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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I know that my hon. Friend is a very good forensic lawyer. I have the same dilemma as he does: it is hard to be in favour of the Bill, but it is hard to be against it. Where does it come from and what was its purpose? Using his forensic skills, can he tell us who was behind its inclusion in the Queen’s Speech?

Andy Slaughter Portrait Mr Slaughter
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As I would expect, my hon. Friend asks a very good question. It comes from the media grid in the Ministry of Justice. There was a vacant slot in The Mail on Sunday and something had to be pushed forward for the weekend. I see the Minister was in charge of spin this weekend. He has obviously been promoted to Lord Chancellor. Not only can the Lord Chancellor not be bothered to come to the House any more, but he cannot even be bothered to do The Mail on Sunday. How extraordinary! However, I admired the Minister’s performance over the weekend, particularly dealing with questions about whether he had been the subject of abuse himself. I was glad he was surprised by the question. Someone as emollient as him would never be the subject of abuse by his constituents or anybody else’s.

My hon. Friend the Member for Huddersfield (Mr Sheerman) makes the crucial point. What is the purpose of the Bill, other than as a piece of spin? If we say, “The Bill promotes volunteering and encourages people to intervene where they can be of assistance”, who would not be against sin in that way? But of course that is not the whole purpose, and when we come to the second set of amendments, I will explain that there is an insidious part of the Bill, in clause 3.

Returning to amendment 1, will the Minister clarify—he has tried several times already in Committee—whether the Bill changes the law? This is a key point. After some consideration and umming and ahhing, he said that clause 3, unlike clauses 2 and 4, would change the law. He said:

“We consider that clause 3 represents a change in that it ensures that the court takes into account a defendant’s general approach towards protecting the safety and interests of others when carrying out an activity. It is the general issue that is relevant there.”––[Official Report, Social Action, Responsibility and Heroism Public Bill Committee, 9 September 2014; c. 75.]

I cannot see how that is any different from what is in clauses 2 and 4, which he concedes do not change the law.

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Shailesh Vara Portrait Mr Vara
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May I respectfully say to the hon. Gentleman that we are dealing with amendment 1, not heroism, which will be dealt with subsequently—I will be happy to come that—in the second group of amendments?

Barry Sheerman Portrait Mr Sheerman
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The hon. Gentleman and I have known each other a long time. We are good friends and I have a high regard for him, but for the minority of us present who were not on the Committee, will he give a pithy explanation of the guts of the Bill? What does he think is really at its heart? He would probably go to the barricades for the Bill; and if so, why?

Shailesh Vara Portrait Mr Vara
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The hon. Gentleman is absolutely right: we are good friends—I hope his Whips will not hold that against him. He made his contribution on Second Reading and he has certainly made his presence felt in this debate, if not in Committee. The Bill outlines a general responsibility, which must be taken into account by the courts. It sends a powerful message to the courts: when somebody is doing the right thing, the courts must take that into account. As for the decision itself, that will be made by the court, given all the circumstances of the case. That will be fact-specific, but the Bill will tell the court that it must take into account those factors.

Oral Answers to Questions

Barry Sheerman Excerpts
Tuesday 9th September 2014

(10 years, 2 months ago)

Commons Chamber
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Mike Penning Portrait Mike Penning
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I pay tribute to the campaigning that the right hon. Gentleman has done over many years. I look forward to him knocking on my door in the next couple of weeks, I am sure, to come in and see me as the new Minister. We are doing everything we possibly can to reverse the way victims are treated, or perceived to be treated, within the criminal justice system. In the past couple of weeks I have used the analogy that we should look at the other end of the telescope and put victims first. That is why the victims panel was set up by the Secretary of State. I look forward to working with many of the victims groups so that we can reverse the feeling that they are being treated unjustly.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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May I press the Minister on the countless victims in towns and cities up and down our country who were forced into illegal sex—underage sex—and who were raped and pushed into child prostitution? Up and down the country, they have got no justice. Will this code help them? Will he join my appeal for an early, major debate in the House on that issue as soon as possible?

Mike Penning Portrait Mike Penning
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I will be more than happy to respond to a debate on that very important subject, but it is above my pay grade to decide what the business in the House will be—that decision is for the business managers. The Backbench Business Committee has been enormously successful in this Parliament. I will be more than happy to respond to any debate proposed by the business managers.

Social Action, Responsibility and Heroism Bill

Barry Sheerman Excerpts
Monday 21st July 2014

(10 years, 4 months ago)

Commons Chamber
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Lord Grayling Portrait Chris Grayling
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I very much agree with my hon. Friend. I want those who are tempted to try to attract people who have been the victim of an accident—those who say, “Hey, there’s an opportunity for you to sue”—to believe that it is perhaps not in their business interests to do so. Accidents do happen. Where people are genuinely on the bad end of a poor decision or malpractice, they should of course have a defence in the courts, but people who are blameless should not be sued none the less.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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May I say how delighted I am to see that the Minister is still in his place and is a survivor? It is nice to have him here, but I am bit worried about the title of this Bill. He seems to be talking about a Bill with a different title from the one on the Order Paper. This Bill is about social action, responsibility and heroism. I thought it would be about citizenship, and I am concerned that that is not in the Bill and that he has gone straight on to health and safety issues and people being sued. What has gone wrong?

Lord Grayling Portrait Chris Grayling
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I am grateful to the hon. Gentleman for being pleased to see me still in my place. If he looks at the three elements in the Bill’s title—social action, responsibility and heroism—he will see that all are of great importance. However, when it comes to the responsibility piece in particular, which I am talking about now, those who try to do the right thing and take responsible decisions can still sometimes end up on the wrong end of the law. That is where I want to avoid being. I want those who do the right thing—in terms of responsibility, that means employers who go out of their way to have the right standards in their workplace—to feel protected against claims that can sometimes, frankly, be spurious.

Barry Sheerman Portrait Mr Sheerman
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Most of us on the Opposition Benches would agree: we do not want people to be intimidated by threats of legal action. They are totally preposterous—we have seen them, we hate them, and we can all agree on that. On the other hand, we want people to be protected from serious accidents at work and the things that trouble people who are vulnerable. Can the Minister assure me that he will get that balance right?

Lord Grayling Portrait Chris Grayling
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I can absolutely give the hon. Gentleman that assurance, because this Bill is not about taking discretion from the courts. It is about deterring spurious claims and sending a message to the courts that we want them to focus on ensuring that they are on the side of the person who has done the right thing. Of course, where the wrong thing has been done, the force of the law is there to provide an appropriate remedy. However, all too often cases are brought that I think frankly should not be brought. If the hon. Gentleman talks to small businesses in his constituency, I am sure he will find many examples of firms that say, “Actually, when I get a case against me, it’s just too much of a hassle to defend it.”

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Lord Grayling Portrait Chris Grayling
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That is clearly one of the measures that could be used, but this is an area in which it is very difficult to collect statistics. All too often, these are cases that are conceded a long time before they come to the courts. A small business may be involved. Perhaps there has been an accident at work and it is not the employer’s fault, but the employee, backed by a firm that is operating on a ‘no win, no fee’ basis, pursues the case anyway. All too often, the employer simply gives way. I think that every one of us, in our constituencies, could find a firm that had found itself facing a claim and had felt uncertain about the law: legal aid is expensive, the firm did not feel that the law was on its side, and it therefore did not defend the case.

Barry Sheerman Portrait Mr Sheerman
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The Secretary of State is being very generous in giving way. As I have said, I have great respect for him, but when I read about “social action, responsibility and heroism” in the Queen’s Speech, I thought that that meant qualities such as citizenship. I am involved in a campaign about citizenship, and about making educating young people—and older people—in good citizenship more of a reality. Listening to the right hon. Gentleman’s speech, my constituents might fear that the Bill is not what they thought it would be.

Lord Grayling Portrait Chris Grayling
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The hon. Gentleman will have to let me finish my speech and decide in the round, but I can assure him that small businesses share the concerns I have been setting out. They believe the law needs to be more clearly on their side, but I will come back to the heroism piece and the social responsibility piece because these are important parts of the Bill as well.

We have focused on trying to ensure that we clamp down on the no win, no fee environment. In 2010 Lord Young published the “Common Sense, Common Safety” report, drawing attention to the fact that businesses were operating their health and safety policies in a climate of fear, and that the no win, no fee system introduced by the Labour party had given rise to the perception that there was no risk in starting litigation and it encouraged speculative claims. A whole industry had grown up around that.

Since that report was published, we have introduced a wide range of measures to tackle these damaging effects. We have transformed no win, no fee deals, so lawyers can no longer double their fees if they win at the expense of defendants or their insurers. We have banned referral fees paid between lawyers, insurance claims firms and others for profitable claims. We have reduced by more than half the fees lawyers can charge insurers for processing low-level personal injury claims. We have banned claims management companies from offering cash incentives or gifts to people who bring them claims. We have changed the law to enable companies that breach claims management regulation unit rules to be fined. We have also helped remove the fear of being sued for breaches of strict liability health and safety duties by introducing changes last year through the Enterprise and Regulatory Reform Act 2013 to prevent claims for damages from being brought under health and safety regulations. In addition to these measures, we are currently taking action through amendments to the Criminal Justice and Courts Bill to extend the ban on offering inducements to include things such as iPads. I do not think they should be offered as a reward by those who drum up business in order to pursue personal injury claims. Together with other provisions in the Criminal Justice and Courts Bill requiring the courts to dismiss fundamentally dishonest claims, this will root out the insidious and damaging bad practice and unacceptable behaviour on the part of some claimants and their lawyers that has tainted personal injury claims in recent years.

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Lord Grayling Portrait Chris Grayling
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That is absolutely right. My hon. Friend the Member for Canterbury (Mr Brazier) has highlighted the case of a constituent of his who ran an outward bound organisation but has been hamstrung—he has seen his business almost disappear—because of pressure as a result of a claim that has been brought. That caused problems to his business when he was seeking only to do the right thing.

I want people to feel confident about participating in activities that benefit others without worrying about what might happen if, despite their best efforts, something goes wrong and they find themselves defending a negligence claim. Clause 2, on social action, provides valuable reassurance that if that does happen, the court, when reaching a decision on liability, will take careful and thorough account of the context of the defendant’s actions and the fact that he or she was acting for the benefit of society.

The final limb of the Bill on heroism addresses another key area of concern. Unfortunately, it is often the case that people are unwilling to intervene to help in emergencies, and may stand by and do nothing when somebody collapses on the street, for example, because they are worried about the legal position if they do try to help and something goes wrong. Although many people act spontaneously in such situations without giving a second thought to their own interests, we know that many people think it would be safer not to get involved. The debate in this House—[Interruption.] The hon. Member for Hammersmith (Mr Slaughter), in his usual chattering way, asks how I know. Let me refer him back—he probably was not here—to the debate following Her Majesty’s Gracious Speech, which yielded a number of examples of how those worries can manifest themselves. My hon. Friend the Member for Brigg and Goole (Andrew Percy) told us about his experiences as a community first responder with the ambulance service in Yorkshire. He said that when he turned up at emergencies, he often found that people were unwilling to involve themselves because they were worried that the law would not protect them. The hon. Member for Plymouth, Moor View (Alison Seabeck) confirmed that she has found similar attitudes in her constituency. These are not isolated cases, and other right hon. and hon. Members will be able to think of other examples in their constituencies.

Barry Sheerman Portrait Mr Sheerman
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May I put the record right, Mr Deputy Speaker? As a Yorkshire Member of Parliament, I know that we have so many volunteers and so much spontaneous public action to step in to the fray when things go wrong. I would hate for that example the Secretary of State gave of someone from Yorkshire to stand, as we are second to none. I have never heard, as a Member of Parliament, of anyone being frightened to wade in and save someone or help someone if it is needed in Yorkshire. I am sorry, but I do not believe there is that much reticence.

Lord Grayling Portrait Chris Grayling
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All I can say to the hon. Gentleman is that if he were right, this move would not have been as widely welcomed as it has been by the voluntary sector, for precisely the reasons I gave. It has been widely welcomed by that sector, and I am sure that my hon. Friend the Member for Brigg and Goole would be happy to share his experiences with another Yorkshire Member of Parliament.

Clause 4 therefore addresses these concerns by giving reassurance that heroic behaviour in emergencies will be taken into account by the courts in the event of a negligence claim being brought. The Bill will therefore apply in a wide range of situations in which employers or others have demonstrated a generally responsible approach towards the safety of others during an activity or in which people have been acting for the benefit of society or have selflessly intervened to help others in an emergency.

Oral Answers to Questions

Barry Sheerman Excerpts
Tuesday 1st July 2014

(10 years, 4 months ago)

Commons Chamber
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Lord Grayling Portrait Chris Grayling
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As the Bill moves through the House and on to the statute book, I hope every hon. Member will make their constituents aware of the change that we are pushing through. But there is another important part of the Bill that my hon. Friend has not mentioned, which is the responsibility piece—the ability for us to provide a deterrent to an employee who tries it on in the face of a responsible employer who has done the right thing, when someone in their employment has done something stupid and still tries to sue. As part of our long-term economic plan, I want to see those responsible employers protected against spurious claims, and that is what the Bill will do.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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The Minister will know of my great interest in a proper system of citizenship training in this country and citizen service. Given the recent statement by a senior officer from Manchester that it was a dangerous place to be after a certain time of night at the weekends, surely the officer is not suggesting that volunteers should replace policemen.

Prison Overcrowding

Barry Sheerman Excerpts
Monday 16th June 2014

(10 years, 5 months ago)

Commons Chamber
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Lord Grayling Portrait Chris Grayling
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I assure my hon. Friend that that remains a major priority. I pay tribute to the prisons Minister, who has successfully completed one prisoner transfer agreement and is discussing others. We need to do everything we can to return people to their country of origin as soon as possible, because it reduces the pressures on the prison population.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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I remind the Secretary of State that the urgent question is the result of a report by Her Majesty’s inspectorate of prisons, which is independent, not of some political plot against him. I also remind him that when I was Chair of the Education Committee, we found that education, skills and rehabilitation in prisons were the first things to go to the wall when there was overcrowding.

Lord Grayling Portrait Chris Grayling
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There was no report from the independent inspectorate about this matter. We are increasing the amount of education in prisons where we can. I have just announced a doubling of the amount of education that is done by youth offenders in the youth offender estate. We are also launching a new secure college, which will have an education-focused curriculum. For reasons that completely escape me, the Opposition oppose replacing a prison-type institution that has bars on the windows with something more akin to a school or college that does positive skill building. I think they are bonkers.

Oral Answers to Questions

Barry Sheerman Excerpts
Tuesday 18th March 2014

(10 years, 8 months ago)

Commons Chamber
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Lord Grayling Portrait Chris Grayling
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I am happy to take that matter forward. I was not aware of the situation to which the hon. Gentleman referred. We will take a careful look at it and discuss it with him.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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Is the Secretary of State content with a system of justice in which people who have no criminal record can be dawn-raided, arrested and left in limbo for months and months, with their careers ruined? Is that the right sort of criminal justice system for our country?

Lord Grayling Portrait Chris Grayling
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It is impossible to answer that question without knowing the circumstances of the case and without understanding the reasons for what I assume are police actions. I want a justice system that acts appropriately, takes tough action where necessary and treats people fairly, including by giving them a fair trial. When people are found guilty, I want the system to treat them appropriately and punish them accordingly.

Oral Answers to Questions

Barry Sheerman Excerpts
Tuesday 4th February 2014

(10 years, 9 months ago)

Commons Chamber
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Damian Green Portrait Damian Green
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The new victims code provides an enhanced service for victims of the most serious crime and that includes victims of human trafficking. This will enable them to have quicker updates on the status of their case and to have referral to pre-trial therapy and counselling, which is often appropriate in those cases.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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The Minister must have seen in the national newspapers this morning the incidents of alleged rape and how in some parts of the country there is very poor follow-up of these allegations. Will his victims code help those women who have been raped and then find that the police do not take their case seriously enough?

Damian Green Portrait Damian Green
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I agree that the point made in this morning’s reports is very serious, and I can assure the House that it is not just the victims code that will help. We have written to PCCs and chief constables encouraging them to use these recently issued data in conjunction with the data on referrals to the Crown Prosecution Service to improve all forces’ response to rape. We have also involved the Director of Public Prosecutions in setting up a scrutiny panel to look at how forces deal with rape in certain areas.

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Jeremy Wright Portrait Jeremy Wright
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As my hon. Friend knows, we have abolished those particular sentences because we do not believe they are the best way to deal with such serious offenders. However, that is not a retrospective change, and a number of prisoners in the estate are still serving such sentences. He will also appreciate that the decision on whether someone is released from such a sentence is to be taken by the independent Parole Board, not by Ministers. He must also recognise that the tariff is the minimum period to be served in custody, not the maximum. None the less, we will do everything we can to ensure that the process of these sentences is as efficient as it can be.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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T10. The Secretary of State may recall that some years ago the police used a method called “trawling”, which became discredited, in order to find evidence about allegations against teachers and social workers. That destroyed many innocent people’s lives through false allegations of abuse. I understand that Operation Pallial is using trawling again, and many other hard-working social workers and educationists are being put in limbo and having their lives ruined.

Damian Green Portrait The Minister for Policing, Criminal Justice and Victims (Damian Green)
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I will happily discuss that issue with the National Crime Agency, which is in overall charge of that area, and will write to the hon. Gentleman with the results of my investigation.

Offender Rehabilitation Bill [Lords]

Barry Sheerman Excerpts
Tuesday 14th January 2014

(10 years, 10 months ago)

Commons Chamber
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Jeremy Wright Portrait Jeremy Wright
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I understand the right hon. Gentleman’s point, but it is pretty clear that Lord Reid was speaking on Third Reading of that Bill on behalf of the Government. If the right hon. Gentleman thinks that what Lord Reid was saying did not represent the Government’s position, he had better take it up with him. We have to go by what Hansard tells us.

Barry Sheerman Portrait Mr Sheerman
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As someone who was present at that time, and who would count themselves as a reasonably good friend of Lord Reid, I think there is a different interpretation and that the Minister is taking this out of context. Lord Reid had no experience of the many private sector providers, such as Capita and G4S, that are being sought for this role but that now have a different focus and profile because they have failed. With that experience, do we really want to destabilise a wonderful profession and give it to companies such as those?

Jeremy Wright Portrait Jeremy Wright
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The hon. Gentleman is making a slightly different point. I am talking about what authority is given to this Government by the Offender Management Act and, more broadly, what the previous Government thought they were doing when they passed it. The case made by Labour Members is that we have in some way taken that Act and twisted its meaning. It has been taken wholly out of context, and we have a travesty of a representation of what that Act says and means. I have been saying to the right hon. Member for Delyn and his colleagues that what the Act says is very clear, and the Hansard that supports it is also clear. Not only did the previous Government anticipate that such a thing could happen, they chose not to rule out the possibility of its happening. They had every opportunity to do so but they did not take it. That is my point.

More to the point and in connection with further parliamentary approval, the Offender Management Act says nothing about requiring Parliament to approve the exercise of that power. By contrast, section 15 of the Offender Management Act provides that an order repealing or disapplying the restriction of certain functions, including advice to court, to the public sector, must be subject to parliamentary approval. If, when in government, the Opposition had wanted to ensure that the power in section 3 for the Secretary of State to enter into arrangements for probation provision was subject to the affirmative resolution procedure, they could have done so, but they did not.

What is more, the Labour Government were prepared to guarantee that the supervision of offenders more widely would remain in the public sector for only three years, as I have said. Let us be clear: the Labour Government’s position was that the supervision of any offender—not just medium or low-risk offenders—could at some stage be competed for outside the public sector. This Government are not saying that. We say that medium and low-risk offenders should be competed for. Secondly, the Labour Government’s position was that the only element of parliamentary scrutiny of the Secretary of State’s powers to organise the probation service relates to the relatively narrow concept of advice to courts, which this Government do not intend to alter. Thirdly, the previous Government’s position was that the public sector monopoly on providers would be guaranteed for only three years.

The hon. Member for Darlington now proposes a new version of the new clause. I am not convinced that new clause 1 does exactly what the Opposition want, because the word “national” next to the word “restructure”, which is designed to avoid the need for any small change of probation to be debated in the House, does not necessarily apply to the word “reform”. Therefore, we might end up being asked to discuss very minor changes to the probation service. Beyond that, the basic point is that the Labour Government were given the opportunity to ask for a further check in Parliament for the provision but did not do so. It is a little odd that Labour Members now say that they want one.

On the substance of the reforms, we have spoken about the establishment of 21 new community rehabilitation companies in England and Wales. In the first instance, they will be publicly owned for a number of months before we consider whether to transfer ownership to other organisations. It is open to organisations from the private, voluntary and community sectors, as well as organisations currently working in probation trusts, to bid for those first-tier contracts. Part of the payment of those organisations will be based on results, so that we incentivise a greater focus on tackling reoffending and achieving better value for the taxpayer.

A number of the proposals tabled by the hon. Member for Hayes and Harlington (John McDonnell)—he has tabled new clauses 9, 10 and 11—remain flawed, as they were in Committee. As drafted, they would apply only after a competition has concluded, and would not prevent organisations from bidding, which is what I believe he wants to do.