(1 year, 10 months ago)
Commons ChamberWe are committed to making prisons a safe place in which to work and providing prison officers with the right support, training and tools to empower them to do their jobs. Our prison officers are the hidden heroes of the criminal justice system; they do great work, keeping the public safe every single day.
I am grateful for that answer from my right hon. Friend, and I hope he would acknowledge that prison officers work in a dangerous and violent environment. I urge him to take this opportunity to acknowledge also that expecting them to work in such a violent environment until they are 68 is wholly unacceptable. Will he commit to an urgent review of how the pension age for prison officers can be reduced so that it reflects that of other public sector workers in similar challenging environments, such as police officers and firefighters, who are able to retire at 60?
I appreciate the challenge that my hon. Friend fairly makes, and I would say a couple of things on that. First, anybody who is violent towards staff will face the full consequences of their actions and should be properly, effectively and swiftly dealt with—we will ensure that they are. On the age issue, all prison officers who joined the service after April 2001 go through and have to pass an annual fitness test. Obviously, that applies to prison officers over the age of 65, and even some of the people who have applied for those roles at that age range have passed the fitness test and are performing their roles effectively. The service, and the prisoners themselves, can benefit from people with that level of experience, who play an important part as key members of the team.
I thank the Minister for his response. It is not just the prison officers who feel the pain of the attacks and what happens to them—the families do, too. What is being done to help the families, not only of those who are suffering physically, but of those who are perhaps suffering from post-traumatic stress disorder coming out of prisons?
The hon. Gentleman makes a valid point, as he often does in this House; we focus on the frontline service personnel, such as our brilliant prison officers, but their families and friends pick up on this, as they are the people who work with them and are in their social lives and family lives. We do provide post-incident support through our care teams, trauma risk management teams and the work associated with occupational health. Obviously, there is also counselling for staff who are impacted by violence in the workplace. The best way we can crack down on this is by being very clear that that kind of behaviour simply will not be tolerated and will be prosecuted.
Thank you, Mr Speaker. First, may I welcome the Secretary of State to his place and indeed welcome his colleagues on the Government Front Bench?
Uncontrolled violence in prisons is a key reason officers leave their jobs nearly as quickly as Tory Chancellors. One in four prison officers now quit their job within a year of starting, which damages the supervision of prisoners, leaving victims’ families sickened to see Stephen Lawrence’s killer bragging about using a mobile phone in his cell and the murderer Sean Mercer running a drugs empire from behind bars. When will the Government get back control of our prisons?
First, I thank the hon. Gentleman for his initial remarks in welcoming our team to our places. I am sure that there will be a range of issues on which, across this Dispatch Box and away from it, we will be able to work together for the benefit of the safety of the public. Obviously, I also look forward to our exchanges here at the Dispatch Box.
We know that there is a link between staffing levels and prison violence, which is why we are continuing to strengthen the frontline. We have seen an increase in the number of prison officers from under 18,000 to almost 22,000; we have some 3,770 more full-time officers. He has also highlighted a couple of incidents. I agree that they are completely unacceptable, which is why I have initiated a review to ensure that those kinds of situations cannot happen again. People need to understand that if they are in prison, they are there for a reason: to keep the public safe. We will make sure that they are.
We might need to speed up; if we take eight minutes on one question, it is going to take time.
Getting prisoners into employment helps not only to fill the 1.25 million vacancies that businesses have right now, but to drive down reoffending. To achieve that, we are building stronger links with employers and suppliers and are offering more offenders the chance to work in prison, on release on temporary licence, and on release from prison.
Will my right hon. Friend confirm that through the apprenticeships programme that his Department is running, prison leavers will be given the opportunity to achieve qualifications that will help them into new jobs and careers and help them to turn their back on crime?
My hon. Friend is absolutely right. We want to get more prisoners the skills and qualifications that they need to get into employment and have the chance to contribute to society, which cuts crime and grows the economy. I am delighted that the first apprentices have now started work. We are planning a roundtable to encourage a wide range of employers, particularly in the UK hospitality and construction industries, where there is a lot more that we can do.
I welcome my right hon. Friend’s commitment to building links with employers to ensure that prison leavers go into sustainable employment. Will he assure me and the House that his Department will support that ambition with appropriate funding?
Yes. My hon. Friend makes an important point. We are investing in new roles, such as prison employment leads and a head of education, skills and work, to give our prisoners the support that they need to get into jobs. We are also funding new infrastructure such as employment hubs. This investment will cut crime and help prisoners to get work-ready, which will mean a better, safer society and a healthier community.
Having visited HMP Thorn Cross recently while I was a Minister in the Department for Work and Pensions, I have seen the great work that Timpson and TalkTalk, among others, are doing to prepare offenders for the world of work. At a meeting in Macclesfield on Friday, Sodexo also demonstrated its clear commitment to the task. Does my right hon. Friend agree that we need more such partnerships, as well as clear pathways of support on leaving prison, including access to relevant benefits, to ensure that more prison leavers land better on their own two feet?
My hon. Friend is absolutely right and gives some key examples. The employability innovation fund announced in our prisons strategy White Paper will help prisoners to build more partnerships with employers like those at HMP Thorn Cross. I have seen other organisations and initiatives such as twinning projects that are looking into different things and are even using sports such as football to prepare prisoners for leaving prison and contributing positively to their community and future life. Those are great projects, and my hon. Friend gives a good example of a good prison doing great work.
One in three prisoners are released on a Friday, but many support services are closed over the weekend, which makes the transition and route into employment more complicated. It is welcome that the Government have said that they want to end Friday releases. Will the Secretary of State update the House on when that will happen?
The hon. Gentleman makes a clear and correct observation about timing. A private Member’s Bill on the subject—the Offenders (Day of Release from Detention) Bill—will come before the House in the next few weeks, and we are looking at it very carefully.
Diolch yn fawr, Llefarydd.
Securing employment for offenders is vital to rehabilitation, and the role of experienced probation officers is key to success. Earlier this month, I visited the Caernarfon office of the north Wales probation delivery unit and learned that the region has 27 vacancies in a present workforce of 200. Does the Secretary of State recognise the risk to the effectiveness of rehabilitation and to public safety as a result of the loss of experienced probation staff and increased workloads? Will he commit to no further cuts in probation?
I recognise the challenge across prisons and probation. Making sure that we have the right teams, with staff who have the right experience to work with people, is important in preparing people and avoiding reoffending, which is so important to the safety of our communities. I am very focused on the issue. We are recruiting people across His Majesty’s Prison and Probation Service at the moment. I look forward to making sure that we can support people across the country, and I look forward to visiting Wales to see that for myself.
The probation service is not finding jobs for prisoners, because understaffing is at crisis point: the service now faces a shortage of nearly 1,700 officers, according to the MOJ’s own figures. That allows serious offenders such as Katie Piper’s acid attacker to evade monitoring and escape abroad. Will the Secretary of State apologise to victims, including Katie Piper, for letting the probation service get so run down that it can no longer control offenders?
I appreciate that for political reasons the hon. Gentleman will want to do the probation service down. I have to say that I think our probation officers across the country work hard every day, not only to keep communities safe but to help prisoners to rehabilitate and get into communities.
The hon. Gentleman is absolutely right to highlight situations that are not acceptable. The example of Katie Piper is a current one, and it is not acceptable. As Lord Chancellor and Secretary of State, I am determined to do everything I can, working with my ministerial team and the brilliant teams across probation, to ensure that such situations do not happen in future. It is not acceptable, and it should not have happened.
The Government stand by their manifesto commitment to update the Human Rights Act 1998. Obviously we want to look at the best way to do this and we are therefore looking again at the Bill of Rights to ensure that we deliver on the Government’s objectives as effectively as possible. And, as the Under-Secretary of State for Justice, my hon. Friend the Member for Dartford (Gareth Johnson) has just outlined, we remain a committed party to the European convention on human rights.
Has the Secretary of State proposals to protect free speech from the use of strategic lawsuits against public participation?
Yes. SLAPPs, as they are referred to, are an abuse of the legal system involving people using legal threats and litigation to silence journalists, campaigners and public bodies. The invasion of Ukraine has heightened concerns about oligarchs abusing these laws and seeking to shut down reporting on their corruption and economic crime. I have met the Justice Minister and Deputy Justice Minister from Ukraine to talk about these issues. I am still determined to introduce legislation to deal with SLAPPs and with freedom of speech more widely.
The Minister is crying out for alternatives and advice, but section 3 of the Human Rights Act requires Parliament to ensure the compatibility of UK legislation with the European convention on human rights
“so far as it is possible to do so”.
Why, then, are his Government so intent on removing these protections altogether, when the Act already grants them this obvious flexibility?
I will say two things. First, we want to ensure that we have protection of freedom of speech, as in some areas we are seeing a sad increase in the cancel culture and, importantly, the targeted anti-SLAPP reforms will be able to be deliver through a statutory definition of a SLAPP, with identifying characteristics and cost protections for SLAPPs cases, giving absolute confidence that we are not going to have our legal system abused by ne’er-do-wells and foreign oligarchs trying to suppress the reality of what is happening in situations such as those in Ukraine.
To save me raising a point of order later, I want to say in response to the Under-Secretary of State for Justice, the hon. Member for Dartford (Gareth Johnson), that we are constantly saying that there should be safe and legal routes. If he looks them up, he will find out what our solutions are to the Rwanda plan.
Professor Aileen McHarg, a professor of public law and human rights at Durham Law School, has told the Joint Committee on Human Rights that she has
“no doubt that…any changes to the Human Rights Act will have knock-on consequences for the scope of devolved competence.”
Does the Secretary of State agree with her? Assuming that he does, does he also accept that this brings any future reforms firmly within the scope of the Sewel convention and that he must therefore seek the consent of the Scottish Parliament?
On the hon. Lady’s opening remark, one thing that was not clear from the questions asked is that we have to ensure we are cracking down on the people who are abusing the system and abusing people through modern slavery and using these tragic life-threatening transports. I make no apology, and nor does anybody in this Government, for trying to do the right thing and crack down on those criminals. I have already said that we are looking at the Bill of Rights, and she will be able to see what we are bringing forward in due course to ensure that we are delivering on our objectives correctly. I repeat that we are a committed party to the European convention on human rights.
I am not sure that that was an answer to my question. However, assuming that the Secretary of State does agree with Professor Aileen McHarg and that he will consult the Scottish Parliament, if the Scottish Parliament, on behalf of the people of Scotland, says no—as it absolutely will do—to tinkering with our human rights, will he stop tinkering with them, or will he do as many Members right across this House do and dismiss the views of the people of Scotland, thus adding to the very many reasons to say yes to independence and yes to retaining our human rights?
It did not take long to get on to a separatist debate in oral questions today, but as I have said, we are looking at the Bill of Rights. Actually, the Government have consulted all the devolved authorities through the entire process of looking at the Bill of Rights; I know that my predecessor did that as well. I will always look to continue to engage, but we are committed to delivering on our manifesto pledges and doing the right thing by the people of the United Kingdom—all of the United Kingdom.
We have boosted the system with additional investment and engagement with the Criminal Bar Association. I welcome its constructive engagement and that of the Bar Council, which led to the end of the strike. We have ensured there is an uplift on new cases and for the vast majority of existing cases, which will come into force by 31 October 2022, plus additional funding for case preparation work, further funding for defence barristers involved in pre-recorded cross-examinations, which are used to reduce the trauma of a trial for vulnerable victims and witnesses, by early 2023—coming back to the earlier question from the shadow Minister, the hon. Member for Lewisham West and Penge (Ellie Reeves)—a substantial uplift per year for fees in the youth court and the criminal legal aid advisory board. All those changes, alongside the longer-term proposed reforms, mean there is an increased expected criminal aid spend of £1.2 billion per year. I am glad the barristers are back to work; that is good for victims and we can get these cases moving.
I thank my right hon. Friend for his collegiate approach and the speed with which he has brought about this situation with the Criminal Bar Association. Can he further assure me that, as well as the 15% uplift for barristers, his Department will continue to invest more widely in criminal legal aid, to ensure that it is adequately funded for the future as well?
My hon. Friend makes an important point. The reality is that all lawyers, barristers and solicitors want to be working for the benefit of their clients and to ensure that victims are able to see cases come to justice. Speedy justice is good justice, with positive and proper outcomes through the right processes. Following the publication of the criminal legal aid independent review, we will be investing a further £135 million in criminal legal aid per year, the biggest increase in many decades, and setting out further plans for all parts of the profession as part of our response to CLAIR at the end of November.
The Secretary of State mentions solicitors, so can he say why solicitors have received only a 9% increase in fees, prompting the Law Society to say that they may not undertake criminal defence work?
I am not sure many people would class 9% as “only”, but that also does not reflect some of the other investments that solicitors will benefit from, particularly the substantial investment in youth courts, for example. As I said, we will respond more widely to CLAIR for the whole profession at the end of November and work with the relevant societies and associations.
I warmly commend the intervention of the Secretary of State to end the dispute; it was decisive and constructive and it is hugely welcome. I echo the points made just now: it is important for the criminal justice system to work well that solicitors too are properly remunerated. That is the view I take and I know the Chair of the Justice Committee would have made those points if he was not unavoidably detained today.
My hon. and learned Friend makes an important point, and from the Dispatch Box I congratulate the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), who is otherwise engaged today on some very enjoyable and well-deserved matters. I hope he has a wonderful day. As I have said, we are going to be responding more fully to the CLAIR report, but my hon. and learned Friend is absolutely right that the criminal justice system works best when all parts of it are functioning fluidly and effectively for the benefit of all their clients and for wider society, and I am determined to ensure that we deliver that.
On the issue of solicitors’ fees, the Secretary of State clearly does not agree with his Justice Minister in the other place, Lord Bellamy, who said that the situation for criminal legal aid solicitors is more parlous than for barristers. The 9% is below the rate of inflation and it follows a 25-year pay freeze. When is the Secretary of State going to look properly at the issue of solicitors’ fees?
In the classic phrase, I refer the hon. Gentleman to the remarks I have made many times already in the last few minutes.
I hope the Justice Secretary will join me in congratulating Lubna Shuja, who becomes the first Asian and Muslim president of the Law Society.
Sir Christopher Bellamy’s review of criminal legal aid was clear that legal aid rates needed to rise to 15% to put the system on a sustainable footing. However, the Government’s proposals would raise legal aid rates only to 9% for solicitors, which is below inflation. The Law Society warned that the justice system is on the verge of collapse without funding all parts of it equally. Will the Lord Chancellor adjust his proposals to meet the recommendations of the Bellamy review?
I join the hon. Gentleman in congratulating the new president of the Law Society. I look forward to working closely with her, as I do with other parts of the criminal justice system’s leadership through the Criminal Justice Board. We will respond to the full CLAIR report and we will be working with solicitors. There is a wider package for the entire criminal justice system; even within what we have announced as part of the Criminal Bar Association package, there are substantial chunks that benefit solicitors as well. The hon. Gentleman should have a look at the wider package.
My immediate priority on becoming Justice Secretary was to end the disruptive strike action that was delaying justice in our criminal courts. I am pleased that the Criminal Bar Association voted to agree a new legal aid deal and its members returned to work last week.
The Government have reset a constructive relationship with barristers and we have agreed to work together to bring down court backlogs, so that victims can get the timely justice they deserve. We have also announced more plans for more prison leavers to be fitted with GPS tags, so that we can keep a close eye on them to help deter reoffending, reduce crime and, importantly, keep our citizens and communities safe.
Ten years since the abolition of the sentence of imprisonment for public protection, nearly 3,000 people are still in prison serving indeterminate sentences. Last month, the Justice Committee released a report calling the sentence “irredeemably flawed”, highlighting the severe psychological harm it causes and its adverse impact on rehabilitation. Will the Secretary of State act on the report’s recommendation to bring in legislation to resentence prisoners subject to IPP sentences?
As the hon. Lady rightly says, that report has been published. We are considering it and we will respond in due course.
Yes, absolutely. I am looking forward to being able to roll out up to 8,000 new tags as part of the scheme we have announced. The scheme is funded and will be happening. It is important to stress that it is on top of current prison leavers, and it will give extra protection and confidence to communities because we will know what the people who are tagged are doing and where they are. It adds to community safety and gives a sense of safety to everyone.
We will always make sure that we are working within the rule of law, including internationally. That is vital to us. We are committed to bringing forward proposals that work, that protect freedom of speech, and that ensure we deal with some of the egregious attempts at prosecution and shutting down debate being made by ne’er do wells around the world.
As we said earlier, getting on top of that core backlog, which has obviously gone up as a result of pressures, is an absolutely key piece of work for us. People sometimes forget that we have lost almost a couple of years through covid and through the Bar strike this year. It is also about making sure that communities are safe through things such as the tagging scheme that we are rolling out, to ensure that people have confidence in their communities as well.
Will the new team look at the way we handle miscarriages of justice in this country? Will they look at the report from the all-party group on miscarriages of justice, which is chaired by me and the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), and help us to reform the way in which we treat miscarriages of justice?
I always make it a priority to ensure that I am working with Committees. I will very happily have a look at that report. I am happy to talk to the hon. Member and his co-chairman in due course as well.
The Government rightly abandoned their Bill of Rights, describing it as a “complete mess”, principally because it sought to stay within the jurisdiction of the European Court of Human Rights while ignoring its judgments. Is that still the Government’s position and, if so, how will they stop their next attempt also being a complete mess?
Rather like the answer earlier, I would refer the hon. Gentleman to answers I gave earlier. I have extensively outlined the position on the Bill of Rights.
So-called open prisons in constituencies such as mine, such as North Sea Camp, play a vital role in our justice system, but the inmates in those prisons often cause concern to local residents. Would the Minister join me in encouraging both the Prison Service and the Parole Board to engage with local communities so that they can understand what they do to make sure local communities are kept as safe as they possibly can be?
(1 year, 10 months ago)
Written StatementsSince I became Lord Chancellor, I have been keen to resolve the dispute with the Criminal Bar Association, in order get the criminal justice system working again. To that end, my officials and I have been holding constructive discussions on a package of proposals with the Bar Council and the CBA. This package was agreed as part of our overall response to the criminal legal aid independent review consultation.
I am pleased to announce that the CBA membership has now voted in favour of my offer on criminal legal aid, and has agreed to come back to work.
As a result, my Department laid a statutory instrument on 11 October which will mean the recent fee uplift for new cases claimable by litigators and advocates will also now apply to the vast majority of existing cases in the backlog where the main hearing takes place after the commencement of the instrument on 31 October 2022. This equates to an additional investment of £28 million in the fee scheme for advocates and £14 million in the fee scheme for litigators over the spending review period.
My Department will also make an additional £3 million of funding available for case preparation, such as written work and special preparation, as well as a further £4 million for defence barristers involved in pre-recorded cross-examinations, which are used to reduce the trauma of a trial for vulnerable victims and witnesses by early 2023.
The Ministry of Justice is proposing a further £5 million uplift per year for fees in the youth court, from the 2024-25 financial year, which is expected to particularly benefit both solicitors and some junior barristers.
A new criminal legal aid advisory board on criminal legal aid reform will also be created and hold its first meeting in October. This board will discuss the operation of the criminal legal aid system and make recommendations to the Lord Chancellor.
In addition to this, the Government will respond to the remaining elements of the above consultation by the end of November, including further reforms directed at solicitors. As was made clear by Lord Bellamy in his review, the profession of criminal legal aid solicitors requires immediate attention, and I am keen to work to provide further reforms and support.
I look forward to working constructively with criminal legal aid practitioners on criminal justice issues, including working to drive down court backlogs and resolve cases sooner.
After all, we share the same aim: putting the criminal justice system on a more sustainable footing for the future, to support victims and everyone who relies on our justice system.
[HCWS317]
(1 year, 10 months ago)
Written StatementsWe set out in our beating crime plan how we will improve public protection and increase public confidence in the justice system. We are determined to empower the police and probation to keep us safe; through providing them with the technology and resources they need, we will crack down on the repeat offenders who are blighting our neighbourhoods.
Since April 2021 our acquisitive crime project has been using GPS electronic location monitoring to track the movements of burglars, robbers and thieves released on licence and serving a standard determinate sentence of 12 months or more across 19 police force areas. I have now laid a statutory instrument to expand this world-first project to include offenders serving shorter sentences of 90 days or more. This will come into force on 26 October.
Electronic monitoring will be a compulsory condition on the offender’s licence for the remainder of their sentence up to a maximum of 12 months, other than in exceptional circumstances where probation assess that an offender’s health or personal situation make the use of a tag inappropriate.
Through this measure we aim to deter further offending and reduce crime; expanding the project to offenders serving shorter sentences will increase the number of offenders captured by the legislation by around 2,000 by March 2025.
This expansion will be subject to robust evaluation, including of impact on reoffending and cost-effectiveness. The evaluation will be conducted by the Ministry of Justice data and analysis directorate; the final evaluation conclusions report will be peer reviewed by independent academics before publication. It will allow us to better assess the most effective period for electronic monitoring of acquisitive offenders, helping to identify what is necessary and proportionate use and therefore influencing future decisions on how electronic monitoring can be used to reduce reoffending.
The location monitoring data is used to support the work of probation and the police. Using “crime mapping” technology we overlay police acquisitive crime data with tagging data to identify if any tagged offenders were in the vicinity of a given crime, to better equip the police to investigate offences, apprehend or rule out suspects and to support prosecutions. Alongside this, probation practitioners are provided with summaries of an offender’s movements and compliance behaviour and, to further enhance supervision, they can investigate an offender’s movements in closer detail using a self-service portal.
Throughout this joint endeavour between the Ministry of Justice and the Home Office, feedback from policing and probation has been positive, and expansion is supported by them.
A copy of this statement has also been laid in the House of Lords by my colleague, the Lord Bellamy.
[HCWS312]
(1 year, 10 months ago)
Written StatementsOn 4 October, I announced reforms to our policy for the allocation of transgender prisoners. Under the reforms, transgender prisoners with male genitalia should no longer be held in the general women’s estate. This will not be a blanket rule; exemptions to these new rules will be considered on a case-by-case basis.
This will also apply to transgender women who have been convicted of a sex offence.
Further detail about these reforms will be announced when we publish our updated transgender prisoners policy framework before the end of the year.
[HCWS313]
(13 years, 8 months ago)
Commons ChamberI am sure that the hon. Gentleman agrees, however, that it is fair for the Government to look at the Home Affairs Committee’s report, which was published only today, and to consider it carefully. When I referred to a knee-jerk response, what I meant was that it would be wrong to rule in or out without further consideration anything that the Select Committee has recommended. It is right that we should consider these issues carefully, and he will see that there are areas in which we believe action should be taken.
Does my right hon. Friend agree that it is important to take the time to review carefully all the reports, including today’s report from the Home Affairs Committee, and to ensure that any formal response by the Government does not criminalise, either by implication or in reality, the hundreds of thousands of people who use firearms totally legally for sporting purposes and the industries that feed off them? Does he agree that we must not run the risk of criminalising those people and those industries, even by implication, and that we must focus on the illegal use of firearms?
Again, I accept my hon. Friend’s counsel. We intend to strike a proper and proportionate balance, and we will respond in a timely fashion to the Select Committee’s report. We will then come forward with any specific proposals.
It is frequently said that we have some of the toughest gun controls in the world. Firearms control in this country has a long history and has evolved gradually, with frequent tightening of the legislation by Parliament. The first British firearms controls were introduced by the Vagrancy Act 1824. Firearms certificates have been required since 1920, and shotguns have required a certificate since 1967. There have since been amendments to the Firearms Act 1968, which sets out the framework for today’s legislation, in response to the shootings in Hungerford in 1987 and in Dunblane in 1996, banning semi-automatic weapons and handguns respectively. I think that right hon. and hon. Members on both sides of the House would agree that the system has been made progressively tougher. In its current state, it places tight restrictions on individuals who wish to own a gun. Guns are used legitimately for pest control and sporting purposes, and the Government certainly do not believe that such activities should be curtailed provided that there are proper controls, but it is of course right to keep those controls under review and, in particular, to reconsider them in the light of recent incidents.