Leasehold Reform (Ground Rent) Bill [Lords]

Chris Bryant Excerpts

2nd reading
Monday 29th November 2021 Commons Chamber

[Eddie Hughes]

I appreciate my right hon. Friend’s strong lobbying on this matter. I think the Government decided that it was appropriate to treat all leaseholders the same and therefore we made that change, although we did allow an extension in the introduction of that to April 2023.

[Chris Bryant (Rhondda) (Lab)]

The bit I do not understand is why we have leasehold at all. It is just preposterous nonsense, is it not? It is a feudal relic. Would it not make far more sense to have some kind of commonhold situation for flats, which is what they have in nearly every other country in the world and, I think I am right in saying, also in Scotland? Does that not make far more sense? We can then just get rid of leasehold completely.

[Eddie Hughes]

I thank the hon. Gentleman for his intervention. I wonder why, in the brief periods when Labour has been in control, it has not done so itself. I guess English law is pretty complex, so it would not be so straightforward to simply withdraw it on the basis that he suggests. Perhaps when Labour is in power again at some point in the distant future, it will be able to return to this matter.

Learned Societies at Burlington House

Chris Bryant Excerpts

Tuesday 8th June 2021 Westminster Hall

[Chris Bryant (Rhondda) (Lab)]

I should declare that I am a candidate for fellowship of the Royal Society of Antiquaries; so, if anybody in this room is a fellow, please do not blackball me. I should also say that the president of the Royal Academy, the first elected woman president of the Royal Academy, is sort of my adopted surrogate sister, Rebecca Salter.

I start from a fundamental principle, which is that this is basically a part of our national heritage and I cannot see why we would want to unpick any of it. It is part of global Britain, too, for all the reasons that have already been advanced. We stand tall in so many of these fields because of work advanced by these charities, in particular because they are within the capital and in a place that was purpose built for them. That is vital.

The courtyard societies are a harmonious whole. If commercial bodies sold Louis Vuitton handbags or whatever in each of the different buildings, what could then be made of the courtyard and its entrance? That would wholly disadvantage the experience of the artistic, creative, intellectual and academic basis upon which the courtyard was built. The whole is more than the sum of its parts. The societies have managed to work together, one with another, to be able to achieve far more on behalf of academia and so many of the different scientific and intellectual pursuits there.

It was specifically built for them. There were endless debates in the House of Commons for weeks, months and years. It took 15 years for them to decide exactly what was to happen. It was built for them; it is form and purpose united. Why on earth would we want to unpick that? As has already been said, the cost of removal of all the valuable and fragile material in the libraries and various exhibits would be so prohibitive that we would effectively be closing down some of those charities. That would be a terrible mistake.

I would say to the Government what I said to the Labour Government when we were in power, because this has been going on all the time that I have been an MP. It was the Deputy Prime Minister who first meddled with it in 2004 and ended up having to backtrack. I said, “Please, Government, stop pulling at the threads of this.” I thought earlier today that the little thread on my sleeve could be pulled, but then the button came off. It may seem like we are sorting out a little thread, but it ends by dismantling the whole seamless garment.

I will end with a simple point made by Gladstone when debating this issue:

“Vacillation, uncertainty, costliness, extravagance, meanness, and all the conflicting vices that could be enumerated were united in our present system. There was a total want of authority to direct and guide.”—[Official Report, 16 August 1860; Vol. 160, c. 1360.]

Things do not seem to have changed much. The Conservative MP, Beresford Hope, said that the traditions of old historic London were every day swept away. I am sure the Minister would not want to be the person who finally swept away this part of historic London.

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[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Eddie Hughes)]

It is a pleasure to serve under your chairmanship, Ms Rees. Like others, I commend my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on securing this debate. We have heard fantastic contributions from right hon. and hon. Members from across the House. I note the silent contribution from my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), whose presence in the Gallery signifies a strong interest in the subject matter under discussion.

I am grateful for the contributions, but take issue with the idea that responsibility for the problem needs to sit with DCMS because they are more cultural. That is unfounded. Within MCHLG we have a strong appreciation of the cultural and scientific elements that are being discussed. We fully appreciate that heritage, and for that reason we all want to see the future of the five learned societies secured, not just in the short term but for many years to come, at a venue befitting their enormous scientific and cultural contribution.

I believe, as do the Government, that the right venue is New Burlington House. In deference to my hon. Friend the Member for Stroud (Siobhan Baillie), unfortunately there will still be some faffing about. We are in the early stages of negotiation; we have just pitched our offer to them and are now awaiting a response, so there will be faffing. Hopefully, with a Minister who is keenly engaged in the subject, we will be able to make some headway.

I echo the comments made by hon. Members who recognise the incredible work done by the Geological Society, the Linnean Society, the Royal Astronomical Society and the Society of Antiquaries, which seems to be well represented by Members, and the Royal Society of Chemistry. I will temper any praise with the caveat that many of the wonderful collections housed by those societies are not usually open to the public. We heard a fine outline of some of the things that are available, and I am looking forward to seeing those works myself. The Government recognise their contribution, but we need to support them to survive and adapt in a post-covid world to become, dare I say, modern and accessible institutions for all. Others have quoted Charles Darwin, as one of the Linnean Society’s most notable past fellows: it is not the strongest of the species that survives, or the most intelligent; it is the one most adaptable to change.

The legal position is that in 2005 the High Court confirmed that a landlord and tenant relationship existed between MHCLG and the five learned societies. Both parties openly negotiated and agreed an 80-year lease, which would protect the learned societies from paying full market rent until 2085. This agreement, which included a £1 million contribution to repairs from my Department, remains in place today, with MHCLG acting as a supportive landlord, working with its tenants to help the societies deliver their mandates.

Here is, unfortunately, where we get to the faffing. Under the current rental agreement, the rent set for each year is determined by a valuation designed to bring rents gradually to market value by 2085, when the lease expires. The market value is determined by market evidence from comparable properties being used for education or cultural purposes. Given the references to a posh merchandise that might be available locally, it is important to stress that market value in this context does not mean the same value attributed to office tenants or luxury retailers on Piccadilly. Both the learned societies’ and my Department’s valuers agreed the evidence that determines value, and I think we can all agree that that reflects the terms settled upon by the learned societies.

[Chris Bryant]

I want to return to the point that the Minister made about what the learned societies do. I would dearly love them to be able to take some of their experience and knowledge around the country more, but it is very difficult to do that if all the money is spent on paying rent to the Government. I wonder what a sensible assessment of, say, £150,000 a year could do for one of the learned societies, as opposed to what it can do for Government. That might be a sensible part of trying to assess a way forward.

[Eddie Hughes]

I am sure I will repeat this later on, but we have made our pitch to the learned societies and we are awaiting their response. Given the commercial sensitivity of those negotiations, it important that we wait to hear from the learned societies themselves about what they think the way forward will be.

We must acknowledge that the growth in annual rent under the lease contract has been unpredictable. UK rents have grown significantly since 2005, causing a significant challenge for the learned societies. Achieving a rent that represents value for money to the taxpayer while giving security and certainty for the learned societies is the Department’s goal, and we hope to achieve that in collaboration with the learned societies.

Rent for 2020-21 financial year is £15.35 per square foot, which was agreed through the formula and is some 70% lower than the £50 per square foot that is the current market value for similar use—as I said, for educational purposes, not compared with the much more expensive commercial properties. That was agreed by both parties. However, we have heard the real financial concerns of the five learned societies, and the issue has received significant media coverage. In 2019, the societies sought a grant from our Department that would allow them to purchase a 125-year lease from us at a peppercorn rent. We assessed the proposal and of course considered the benefits, which are incredibly difficult to put a value on, of keeping the learned societies at Burlington House.

The Treasury’s Green Book rules require us to assume that if a learned society vacated Burlington House, it could be replaced by a similar tenant who would meet the cost of the rent at the market rate. So, it is not in our Department’s gift to grant that peppercorn lease. I fully appreciate that others have said that different options might be available to the Treasury, but considering such options is clearly way above my pay grade.

Oral Answers to Questions

Chris Bryant Excerpts

Monday 16th November 2020 Commons Chamber

[Christopher Pincher]

It is being done. We have made available £4 million to local authorities to support a data collection exercise looking at external wall systems. Together with the Home Office, we have made £20 million available to increase the capacity and capability of fire and rescue services in their conduct of fire protection activity. We are backing local authorities. We are backing the fire and rescue service. I only wish the hon. Gentleman knew that.

[Chris Bryant (Rhondda) (Lab)]

What discussions he has had with Cabinet colleagues on local authorities’ responsibilities for the stability and safety of disused coal tips.

[The Minister for Housing (Christopher Pincher)]

The Chief Secretary to the Treasury wrote to the hon. Member in October saying that he is expecting to provide £2.5 million needed for tip repairs in Tylorstown. The letter also clarifies that he is waiting to hear further from the Welsh Government on additional requests to access the reserve and is working with the Welsh Government’s Finance Minister on this very matter.

[Chris Bryant]

It is all very interesting that the Minister reads out a letter that I have already received, so I have actually read it, but it does not answer the question at all. My question is about how we are going to make sure that all the coal tips across the whole UK—because there is still no register of them in England and Wales—are properly accounted for and properly made stable and safe, so that we do not have another Aberfan disaster. I say this as much for constituencies in England as in Wales, because the real danger is that if we have had to find £12.5 million for a single tip in Tylorstown that fell into the river, imagine what the bill is going to be across the whole of England and Wales. It is time the Government woke up to this, and I really hope the Minister will answer the direct question about who is going to be footing the bill. Local authorities will be bankrupted by this if we are not careful.

[Christopher Pincher]

I was just checking that the hon. Gentleman had received the letter and that he had read it. He has, and I am pleased and grateful for his further contribution. He will know that Welsh local authorities started the 2020-21 financial year with over £1.4 billion of usable reserves. Of that, £200 million was general and unallocated. As I said to him, the Treasury is in discussion with the Welsh Government regarding the funding on this topic. Welsh authorities should discuss further funding with the Welsh Government and I encourage him to do similarly.

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[Christopher Pincher]

My hon. Friend rightly points out the £11.5 billion that we have made available in the next five years to build 180,000 new affordable homes, a significant proportion of which will be for affordable or social rent. We have already heard about the £700 million or so in total that we are spending to tackle homelessness and rough sleeping, and I direct my hon. Friend towards the abolition of the housing revenue account cap, which allows local authorities to build social homes if they wish to. It is a local authority matter and we encourage them to do so.

[Chris Bryant (Rhondda) (Lab)]

Tempted as I am to ask a question about tips again, I am going to ask about something completely different: brain injury. Acquired brain injury is a hidden epidemic in this country, and local authorities often have to bear the significant costs when somebody’s neuro-rehabilitation has not been able to be followed through. With covid this year as well, there will be many thousands of families who would dearly love their loved one to be able to live an independent life, but they need local authorities to be able to step up to the mark. Will the Secretary of State meet me and others who are interested in the subject to see whether there is a way to get better co-reliance among all the different agencies that work with people with brain injury, including people who have neuro-cognitive problems from covid?

[Robert Jenrick]

I would be delighted to do so. The hon. Gentleman has been a fantastic champion of this cause.

Oral Answers to Questions

Chris Bryant Excerpts

Monday 5th October 2020 Commons Chamber

[Robert Jenrick]

I thank my hon. Friend for his question. The requirement for pubs and some other businesses to be closed to the general public by 10 pm was designed to strike the balance of allowing people to continue to socialise while reducing social contact and minimising negative impacts on the economy. He will know that we do not take these decisions lightly. None of us would want that to continue a day longer than is necessary, and as with all measures, we will keep them under constant review.

[Chris Bryant (Rhondda) (Lab)]

Tomorrow.

[Mr Speaker]

It is actually Mark Menzies now.

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[Robert Jenrick]

My hon. Friend has been a doughty champion for Blackpool in his time in the House so far. It is absolutely right that Blackpool receives further investment to help it to continue to drive forwards. That is why I am pleased that it is a recipient of funding from the high streets fund and the towns fund. I look forward to announcing the outcome of both this autumn.

[Chris Bryant (Rhondda) (Lab)]

It is 232 days since Storm Dennis flooded many, many properties in Rhondda. A quarter of all such properties in the whole of the UK were in one constituency, Rhondda, and that is wholly disproportionate to the normal funding for the Welsh Assembly. It is 222 days since the Prime Minister promised my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones) that the money would be passported through to the local authorities from Westminster to Wales to pay for that. It is 97 days since the Prime Minister wrote to me to say that this was all going to be sorted out. It is 74 days since the Treasury said that it was going to sort this out. Yet we still have not had a single penny. Can the Secretary of State prove to be the best Minister of the lot and sort it out by the end of today?

[Robert Jenrick]

I am happy to take that up with my right hon. Friends the Chancellor and the Environment Secretary and revert to the hon. Gentleman with a plan.

United Kingdom Internal Market Bill

Chris Bryant Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Ian Blackford]

My hon. Friend is correct. I am sure that when he goes back to his constituency and speaks to people, he is finding, as I am, that we are being encouraged to get on with it. People have seen enough. They have seen what is happening to Scotland under this Conservative Government and, as I said earlier, we are having none of it.

So tonight, just as there was during Second Reading, there is a fundamental choice for every Member across the House. This is now the last chance to salvage some dignity and respect for democracy in this place. Leaving it to the other place would be a complete dereliction of duty. This is the democratically elected House, and it is our job to oppose this undemocratic piece of law.

[Chris Bryant (Rhondda) (Lab)]

Of course I agree with the right hon. Gentleman about the Bill. It is a nonsense and a rogues’ charter, as I said in a previous debate, but would he also encourage Members of the House of Lords, who have historically played a role in defending the rule of law, to ensure that they do their best to improve this legislation if that is possible?

[Ian Blackford]

I understand why the hon. Gentleman makes that call, but we should not be relying on the Members of the House of Lords; they are unelected. The fact is that this place has not done its job to defend the rule of law, or to protect devolution. I feel for Labour Members who were responsible, under Blair’s Government, for bringing devolution in, because everything that was established under that programme has been undermined. There is a real call to everyone in Scotland, regardless of whether they voted for the SNP in the past, to recognise the maxim that power devolved is power retained.

People in the past have said to me, “Could Westminster shut down the Scottish Parliament?” I have argued in the past that that would be fanciful. Nobody could believe that our Parliament could be attacked in such a way, but what is happening with this Bill is that our Parliament, which has had the support of the people of Scotland—

Commission on Justice in Wales

Chris Bryant Excerpts

Wednesday 22nd January 2020 Westminster Hall

[Chris Bryant (Rhondda) (Lab)]

I will keep my comments short because there is not a great deal of time. I congratulate the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) on securing the debate. I could hotly dispute every comment she made about the history of a thousand years ago, but we will have to reserve that for some other time as now is not the moment.

When there is a proposal such as the one we are debating, there is a fundamental question, which would make a significant difference, that we always must ask ourselves: is there a problem that needs fixing? I think all of us on the Labour Benches would argue that there is a problem in the delivery of justice in Wales, not least the dramatic changes to legal aid funding in Wales. Of course, the same is true across the whole of the United Kingdom, and we have all been angered by it. We have seen people unable to secure justice for themselves. It feels as if there is one law in the land for the rich and another for those who cannot afford to pay for expensive lawyers.

Many of us would say that it would be very difficult for a constituent who ends up in prison to have to serve most of their time a long way from home. It makes it far more difficult for them to return to their community and to get the support they need not to go back to a life of crime. There is clear evidence that that is the case.

There is less access to justice now because many of the courts have closed—certainly, that is true in the Rhondda. The evidence is that more people are refusing to turn up for court hearings, and consequently justice is not being well served.

There are problems with probation. I do not need to go into the nonsense of the privatisation of the probation service at length. Everyone knows that the Opposition parties were all opposed to that. I visited Cardiff prison and I know there are still significant problems with overcrowding. The staff are trying to do a good job, but they simply do not have enough personnel. My hon. Friend the Member for Torfaen (Nick Thomas-Symonds) rightly said that there has been a dramatic—40%—cut in the Ministry of Justice’s budget, which has had very clear effects on the delivery of justice to my constituents and to everyone in Wales.

My question in relation to the proposal on the table is: does devolution solve any of those problems? I am afraid it does not. If anything, I am terrified that the Government might bite off the right hon. Lady’s hand and say, “Yes, devolve it,” because I know what happens. They devolve the power and the responsibility so that they can devolve the blame when the service is not delivered properly, because they do not devolve the right amount of funding to go with it. I agree that legal aid is underfunded in Wales, but if it is devolved to Wales and no additional funds are provided, Wales will have to find those additional funds somewhere else. That will be the health budget, the education budget or the local authority budget. I am not in favour of that.

I argue here in Westminster that we should fund legal aid properly, and that we should ensure there are proper facilities across the whole of the country so that people do not have to serve their time in prison a long way from home.

[Jonathan Edwards]

The hon. Gentleman has long-standing views on these issues, but he knows that the devolving of public policy and the funding that comes with it is determined by the Barnett formula and Barnett consequentials. If policing were devolved to Wales, as it is in Scotland and Northern Ireland, there would be a £20 million per annum bonanza for the Welsh Government to invest in safer communities. Surely, that is a good thing.

[Chris Bryant]

Actually, the police settlement figures that are out today make it pretty clear that that would not do Wales any favours. We would simply be robbing the police budget to pay for the legal aid budget. I am not sure that solves the problem.

The hon. Gentleman says that my historical views are well known, but I am not sure that he does know my views on this subject, because I have tried to keep them to myself. To be honest, I am agnostic about the devolution of justice and policing, but I am not prepared to have the Welsh Assembly take responsibility for an area of policy if the money does not go with it. That would be cutting off your nose to spite your face.

[Liz Saville Roberts]

Would the hon. Gentleman give way?

[Chris Bryant]

If the right hon. Lady does not mind, other Members want to speak and she spoke for nearly 30 minutes, so I will not give way. I think she gets time at the end to wind up the debate, so if she wants to have a go at me, she can do so then.

There are enormous dangers. The right hon. Lady raised specific issues about children in care. I am not sure that there is a higher number of children in care in Wales because the matter is not devolved. I suspect that is much more related to poverty and deprivation, at historic levels in some of the valleys communities that I and others represent. I want to see causation, not just correlation. That is a fundamental principle in all our policy making.

During the general election, not a single person on the doorstep raised any of these matters. In fact, in all my time as an MP—18 years—I have never known anybody on the doorstep in the Rhondda raise the issue of devolution, except sometimes to say that the Welsh Assembly should be dismantled or done away with. I am in favour of devolution. It is terrible when a higher power arrogates to itself matters that should be decided at a much more local level. I am in favour of devolution. However, I do not think we should spend all our time in Welsh politics picking at the constitutional settlement. We should be trying to deliver better outcomes for our constituents. We should be trying to make sure that the money that is spent in Wales is well-spent. We should be trying to improve the national health service, the education service and all the rest of it. Frankly, I think the constitution can wait for—

[Ben Lake (Ceredigion) (PC)]

Will the hon. Gentleman give way?

[Chris Bryant]

Go on, then. It was my last word!

[Ben Lake]

I am very grateful to the hon. Gentleman; I just thought I would get a word in edgeways before he resumes his seat. He is right to say that the money the Welsh Government has to spend on health, education and other priorities should be spent on health, education and other priorities, but does he acknowledge the Welsh Government are currently spending up to £141 million per year supplementing elements of what should be central Government responsibilities because of decisions made here? I agree that it would be good to have all that money going to health and education, but that is not happening, so it would be better for us to have the responsibility, because we are paying for it as well.

[Chris Bryant]

I agree with that. It doubles my anxiety about the dangerous route that we will go down if we have more things devolved to Wales without the money going with them. I am absolutely certain that the only answer is a Labour Government in Westminster as well as a Labour Government in Cardiff. On that note, Mr Stringer, I resume my seat.

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[Chris Bryant]

You pronounced Cardiff North right.

[Chris Philp]

That is good. Clearly, I need some lessons in Welsh pronunciation. The right hon. Member who moved today’s motion made a case for what essentially amounts to the full devolution of justice functions to Wales in line with the recommendations of the report that Lord Thomas recently published. I respectfully disagree with her conclusion that the wholesale devolution of justice to Wales would be in the interests of Wales for, broadly speaking, two or three different reasons.

I will start with the right hon. Lady’s argument that there should be congruence between the Parliament of Wales and the justice jurisdiction of Wales so that the justice system matches the laws. That argument—to avoid the “jagged edge” that Lord Thomas refers to in his report—is not wholly valid, because many or most laws that apply in Wales are reserved matters that have been legislated on in this Parliament. In fact, if we look at the laws that have been passed in the 11 years since 2008, the Welsh Parliament has passed 62 new laws and this Parliament has passed 600, the vast majority of which also apply to Wales. Looking at the law on reserved matters, legal principles such as criminal responsibility, incapacity, mental elements of offences, criminal liability, sentencing, the law relating to homicide, sexual offences and offences against the person—the very fabric of the legal system—are all reserved matters where England and Wales law applies.

Devolving justice in the context of a body of law where the majority of it applies to England and Wales would actually exacerbate or worsen the jagged edge problem the right hon. Lady referred to, because it would then apply to these reserved matters, which are far larger in number than the matters that have been legislated for separately at the Welsh level. Indeed, it would be further exacerbated because the Thomas report, interestingly, does not recommend that the legal profession, its regulation and its qualifications be separated, but instead that they remain the same. If we were to devolve justice to Wales, we would have a further incongruity in that we would have a single legal profession with the same qualifications across two different systems. That would be a further exacerbating jagged edge.

Some Members speaking today have referred to the interface between justice and other devolved matters, in particular education and health. I put the question to a senior official working in the Ministry of Justice’s Welsh department who deals with day-to-day justice matters. Their view was that whether justice was devolved or not would make no real difference to the interface between justice and education and health. Whether education and health were being run in Wales and talking to an England and Wales MOJ or a Welsh MOJ, that interface between Departments would still exist, whether the MOJ sat under an England and Wales umbrella or a Wales-only umbrella.

[Chris Philp]

I was going to come to that point at the very end, but I will answer it now, since the right hon. Lady has raised it. This report was commissioned by the Welsh Government, by the previous First Minister of Wales. It was not commissioned by the UK Government, so there is not an intention to produce a full and formal response to the Thomas report.

However, we are of course going to discuss in detail with the Welsh Government in Cardiff the issues that it raises, to see where we can constructively improve our working relationships across some of them. The right hon. Lady has touched on a couple of those already. We want to improve the level of co-operation we have with the Welsh Government. We want to ensure that, where there is joint working and an interface with, for example, the health system, which many Members have mentioned, that interface works as well as it can, and that we are co-operating and reflecting some of the unique circumstances in Wales. Those conversations will certainly happen, and we will approach them with a constructive and an open mind.

As I said a moment ago, however, I am afraid we do not agree with the conclusion that we should wholly devolve justice and create a Welsh jurisdiction. One reason for that is the second point I was about to come on to before the intervention: cost. The Thomas report does not talk about the cost at all; perhaps the reason is that there is a very significant cost.

The Silk commission, which reported a few years ago—I think in 2014—did cost the establishment of a separate Welsh jurisdiction. It estimated, adjusting for changes that have happened since, that the extra incremental cost of creating a separate jurisdiction would be about £100 million a year. That is £100 million that could be spent on more probation officers, more police and all the things we have been talking about, and we do not feel that the imposition of that extra cost is at all justified.

For example, we would have to replicate the Ministry of Justice’s functions at the Welsh level. Wales does not have a women’s prison, which itself is an issue, or a category A prison. All those issues would have to be addressed. The MOJ is currently hugely upgrading its IT systems, and there are obviously economies of scale. If a Welsh Ministry of Justice had to do that itself, it would be extremely expensive. We do not believe that that cost of £100 million a year can be justified.

Thirdly, and perhaps unusually, I concur quite strongly with some of the analysis offered by the hon. Member for Rhondda, who asked us to concentrate on outcomes and how our systems work in practice, and on improving those rather than endlessly talking about process and arguing about where powers get exercised. In many ways, it is slightly sterile to argue over who holds the pen and exactly where a power is exercised. Our collective energy, ingenuity, creativity and everything else are better directed at trying to improve the services that are being delivered, so I embrace the point that he made.

[Chris Bryant]

While the Minister is embracing my views, I wonder whether he will look at the issue that has been experienced in Cardiff jail, where there has been a really good programme screening new prisoners arriving in the prison for brain injury. That is an area where there is a clear overlap between the health service, which will be working with the individuals, and the Ministry of Justice. I know that that programme has been extended, but I wonder whether we could keep it running on a permanent basis. It is a simple fact that if people do not get the proper neuro-rehabilitation for a brain injury, the likelihood is that they will end up reoffending.

[Chris Philp]

I am glad the hon. Gentleman mentions Cardiff Prison, which had a fairly positive inspector’s report last July. The programme that he is describing is not one I am hugely familiar with, because my hon. and learned Friend the Minister of State is the Prisons Minister. However, it sounds like an extremely worthwhile programme. I know that, in general, the Government are keen to encourage closer work between the justice system and the health service, in order to treat health conditions where they exist, and that programme sounds exactly like the kind of programme that should be continued. I undertake to raise it with my hon. and learned Friend, and I will urge her to consider extending the pilot indefinitely, because it sounds like exactly the kind of thing we should be doing. I will make representations along those lines.

Devolution in itself is no panacea; it does not automatically solve problems. For example, that has obviously been well documented in education, where per capita spending in Wales is much higher than in England, that educational outcomes in Wales are none the less worse than in England. So the idea that devolving something somehow automatically makes it better does not necessarily hold up.

I turn now to the tragic death of Conner Marshall, which was mentioned earlier. Of course, we extend our heartfelt condolences to his family. There were failings in the probation service, which have already been referred to. Therefore, it is right and appropriate that Wales was the first part of England and Wales to have the community rehabilitation companies wound down and wholly replaced by the National Probation Service. It is very welcome that Wales has seen that happen first. Clearly, the Conner Marshall case underlines why that move was so important, and I am glad that we made it.

More generally on the question of resources in the probation system, substantially more money will go into the probation system in the next financial year. Across England and Wales, we will also recruit 800 more probation officers, many of whom, of course, will go to Wales.

The issue of imprisonment rates was raised. The rate of imprisonment for offenders in Wales is very similar to that in England. It is fractionally higher in Wales—it is about 6.5% in England and 6.85% in Wales. So, as I say, the rates are very similar.

Regarding sentencing policy and the implications for the prison population, the Government’s approach is that we want to see very serious offenders, including terrorist offenders, receiving longer sentences and serving more of those sentences in prison. In fact, that is the purpose of the statutory instrument being laid today, which moves back the automatic release point for standard determinate sentences for serious sexual and violent offences that qualify for a life sentence, and where the sentence is over seven years, from halfway to two-thirds of the way through the sentence.

We want to see the most serious criminals serving longer sentences and serving them in prison. However, for less serious offences, and in particular where there is a health problem associated with such offenders, which the hon. Member for Islwyn mentioned earlier, I want—as the Minister with responsibility for sentencing—to see a greater emphasis on treatment, which is the point the hon. Member for Rhondda made a moment ago. I would like to see more community sentence treatment requirement orders being made, so that people who have a mental health problem, a drug addiction problem or an alcohol addiction problem receive treatment for that health problem, rather than serving a short custodial sentence, because the evidence is that short custodial sentences are not very effective.

We will address that area through the sentencing review and the sentencing White Paper, which we will publish a little later this year, and then through the sentencing Bill, which will be introduced subsequently. It is an area where there is more work that we can do to treat the causes of offending, particularly where they are health-related, rather than imposing short custodial sentences.

The issue of court closures was raised. As in England, there have been court closures in Wales, as we try to run the court system more efficiently and effectively. The utilisation of the courts in Wales prior to the start of this programme, which was about nine years ago, was 54%. That is extremely low. The utilisation rate in Wales is now 67%, which is clearly higher.

Regarding attendance in court, which was mentioned, there is no evidence that the rate of attendance at court by defendants or witnesses has declined as a consequence of the programme. In fact, in terms of disposing of cases, in Welsh magistrates courts—where the vast majority of criminal cases in Wales are heard—78% of cases are dealt with in less than six weeks. The equivalent figure for England is 68%, so the Welsh magistrates courts are 10% more effective at quickly dealing with cases that come before them than their English equivalents.

Even after the closure programme that was referred to, 97% of the Welsh population can get to their nearest magistrates court in less than two hours, which is comparable to the equivalent figure in England. The digitisation process is well under way to allow people to access court services digitally. Making civil money claims, probate applications, uncontested divorce applications and entering minor pleas can now all be done online.

We do not concur with the Thomas report’s principal conclusion that justice should be wholly devolved, but we will work closely with the Welsh Government to ensure justice policies are aligned and to take into consideration distinct Welsh needs. For example, the recent transfer of probation services in Wales to the National Probation Service is a clear example of distinct justice policy in Wales, which can be achieved under the current settlement. Joint Ministry of Justice and Welsh Government blueprints on youth justice and female offenders were published last year—a successful example of co-development of strategies across the devolution boundary. Welsh prisons perform well when compared with their counterparts in England, and Welsh law firms benefit from being part of a world-renowned justice system. The justice landscape in Wales is faring well.

That said, we absolutely agree that the administration of justice in Wales requires regular review to ensure the needs of Wales are being met. In addition to ensuring that justice policies are designed with Wales in mind, we regularly evaluate the wider arrangements to ensure they are fit for purpose. Hon. Members will be aware that, during the passage of the Wales Act 2017, the Government committed to undertake a regular review of justice in Wales. An advisory committee was established in 2018, comprising the judiciary, the legal profession, legal regulators, operational deliver arms, and members of the Welsh and UK Governments. The committee published a report in July last year, which made a number of recommendations about the justice system in Wales, particularly around accessibility of law and the management of divergence. We are taking those recommendations forward.

The Welsh Government’s decision to commission Lord Thomas to undertake a review was founded on their belief that there was

“unfinished business from the Silk Commission”.

On the contrary, the decision by the Silk commission that Wales should continue to be part of the single jurisdiction was reached after careful consideration of the merits for and against devolution, and it is our firm view that the current settlement works best for Wales.

[Liz Saville Roberts]

I welcome certain of the Minister’s comments, particularly his commitment to close working. However, I note that, although he referred to the sentencing review, the health intervention is, in essence, devolved in Wales. In that respect, if there is additional expectation from Westminster, I can only presume that the funding to enable that will follow.

I also mentioned the serious violence Bill. Again, there is an opportunity to reflect the structures that exist in Wales to ensure that it is better proceeded with in Wales, but that was not referred to. Even when I was working on the Domestic Abuse Bill, the fact that there are different structures in Wales was not thought about; it was not even an afterthought—it was not remembered. That is a weakness in governance, and goes back to how these things affect the people of Wales and the quality of the services that they receive.

Of course, the current joint work is not done with transparency, and we do not effectively have the means to compare what is for England and Wales in its entirety with what is happening in Wales. I hope that there will be a commitment to continue with the crime survey for England and Wales, so that we can have a proper picture and talk about crime not in the abstract, but as it is experienced by real people in the real communities of Wales, to make that comparison properly. This report has endeavoured to emphasise that justice is not an island; it is not isolated from the services that support the victim on the one hand or that punish and rehabilitate the offender on the other hand.

I will conclude with that old “Encyclopaedia Britannica” trope: “For Wales, see England”. The nagging question for this Government is whether, when it comes to Wales, they see only England. Diolch yn fawr.

[Chris Bryant]

On a point of order, Mr Stringer. I am sorry to be a pain, but some of us were a bit confused about the timing this afternoon. Obviously, we have had votes and so on, which have interfered with the system, and I know that the second half of the day is three hours, but I wonder whether, in future, when there has been an afternoon such as this, there might be a means of making the House generally aware of when each of the new debates in Westminster Hall is going to start.

[Graham Stringer (in the Chair)]

Thank you for that point of order. As Chair, I probably should have made it clear at the start of the debate that the time gained on the first hour-and-a-half debate was carried over. I apologise to hon. Members for not having made that clear.

Question put and agreed to.

Resolved,

That this House has considered the report of the Commission on Justice in Wales.

Domestic Abuse

Chris Bryant Excerpts

Monday 13th May 2019 Commons Chamber

[James Brokenshire]

The hon. Gentleman makes a really important point. As part of the duty on local authorities, there is a responsibility to monitor and evaluate local delivery, as well as to report back to my Department about their strategies and the implementation of them. One of the things I will be very interested in and focused on as we look to deliver this is the issue of data sharing, which, as we know, can sometimes be challenging and problematic in other policy areas. This is about how we are best able to reflect on the fact that people will understandably move from one area to another; indeed, that may be an imperative part of delivering their safety. As we look to the implementation and delivery, this is therefore an important part, and I hope we are able to get some good responses through the consultation.

[Chris Bryant (Rhondda) (Lab)]

I warmly commend all the work that is done by Rhondda Cynon Taf Women’s Aid, which is primarily based in Pontypridd but serves the whole of RCT. In the next few weeks, it will open a new service in Dunraven Street in Tonypandy that is publicly available, and it covers a whole series of different services that are non-residential, which is great.

May I raise a different element with the Secretary of State? There is the issue of so many women in prison who have now been shown, from substantial academic research, to have had acquired brain injuries prior to their offending behaviour. In the end, because we do not provide proper neuro-rehabilitation to women whose violence has come from a domestic relationship, we are not actually providing proper support and they end up in the criminal justice system, so the victim ends up becoming the criminal.

[James Brokenshire]

The hon. Gentleman makes a really important and relevant point about understanding someone’s pathway into the criminal justice system. My hon. Friend the Minister for Women, who is alongside me on the Front Bench, has just told me about the £2 million being provided for work on female offenders. That is really important, as is recognising needs in different contexts and providing support in different ways, responding in a much more holistic way to where need is and, indeed, understanding properly the balance between how someone has become an offender while saying very firmly that they can be a victim, too.

Stronger Towns Fund

Chris Bryant Excerpts

Monday 4th March 2019 Commons Chamber

[James Brokenshire]

We are reflecting on precisely that point in terms of the separate elements of the fund—the £600 million—and the prospectus that we will produce to ensure that areas are able to make those sorts of bids. Recognising the challenges of different towns and areas and being able to feel the sense of opportunity is why we have sought to break the fund down in the way that we have.

[Chris Bryant (Rhondda) (Lab)]

I like the Minister, but I simply cannot recall a ministerial statement that has angered me more. My constituency, the Rhondda, is one of the poorest in the land. My council, because of the Government’s cuts to the Welsh Assembly grant of several billion pounds over the last few years, has had to close schools and libraries. The Government have closed the courts in the constituency and we have some of the lowest wages of anywhere in the country. When he suddenly turns up having discovered the magic money tree, having lectured us for years about its non-existence, I frankly feel furious that we are now meant to feel awfully grateful that we might have a few crumbs from the table. The worst of it is that today, he cannot even bring himself to say how much money is going to go to Wales—probably not a penny, or is he going to say now, “Yes, you are going to have £5, maybe £20, maybe £100”? Come on, tell us how much we are going to get in Wales.

[James Brokenshire]

I am sorry to anger and disappoint the hon. Gentleman—I have a huge amount of respect and admiration for him and the way that he conducts himself in the House. I recognise that desire to see towns in Wales—in his constituency—being able to benefit from the stronger towns fund. I promise to come back to this House to provide the details in relation to Wales, and hope to see him in slightly better humour on that occasion.

Govia Thameslink/Rail Electrification

Chris Bryant Excerpts

Tuesday 3rd July 2018 Commons Chamber

[Joseph Johnson]

My hon. Friend speaks powerfully on behalf of her constituents, and has done consistently. We are looking at this as a matter of urgency. It is the Department’s top priority to ensure that the unacceptable level of service comes to an end and that passengers get the standard of rail they have every right to expect. The Secretary of State has been absolutely clear that all options are available to him should GTR be found to have been negligent with respect to its contractual obligations.

[Chris Bryant (Rhondda) (Lab)]

Seat bookings issued for carriages that do not actually exist; new 10-carriage trains where only five are available because passengers cannot walk from one end of the train to the other; trains cancelled because the companies do not have enough staff to run both parts of the train; endless cancellations; toilets that either do not work or where passengers get locked in, but where they do at least end up with a seat—this is complete and utter chaos. My constituents would dearly love to see the Government gripping this and making sure it gets sorted now, not in some distant future.

[Joseph Johnson]

The hon. Gentleman makes a powerful case on behalf of his constituents, and I understand his concerns on their behalf. We are improving the Great Western main line. There is a substantial investment programme, and, yes, there is considerable room for improvement, but it is good that more than 100 million rail journeys will improve next year as a result of the significant investment the Government are undertaking.