County Court Judgments

Chris Evans Excerpts

Wednesday 16th November 2016 Westminster Hall

[Chris Evans (Islwyn) (Lab/Co-op)]

I beg to move,

That this House has considered reform of county court judgments.

I know there is about to be a vote in the main Chamber, Sir Edward, so this might be the shortest speech on record in Westminster Hall. Even if it is not, I imagine I will be interrupted at some point.

This debate comes as the culmination of 20 years of frustration. Before I came to the House, I worked in the banking sector, in particular the personal banking sector. I was totally frustrated that people who had bank accounts and were very good customers of Lloyds Bank found themselves in all sorts of trouble because they had what I like to call “rogue” county court judgments against their name. Very often those judgments were born not out of large debts, but out of getting into a dispute with a mobile phone company or, worse still, a gymnasium of some type.

That is the problem with county court judgments: we imagine they are used for large debts when debtors simply refuse to repay their creditors. It makes sense that this mechanism for debt recovery must exist as a last resort. Without CCJs, it would be very difficult if not impossible for creditors to be repaid. However, there is evidence that CCJs are not being used in the correct manner by all sorts of companies. In some cases, they are used to demand payment of small debts, disproportionately affecting those subject to them.

A county court judgment is not something anyone wants on their credit record. Once a court makes a judgment against someone accused of having a debt, the record will remain linked to that person for six years on the register of judgments, orders and fines, whether or not the debt is paid off. The only exception to the rule is when the debt is paid off in under a month. There can be a devastating effect on a person’s credit rating, cutting off access to all but the most unfavourable credit deals. A mortgage will become only a dream to someone with a CCJ against their name. That is why it is vital that the CCJ process is improved and, above all, reformed.

CCJs are the go-to option for many creditors, even before alternative means of resolving disputes have been explored or before attempts have been made to settle such disputes. They are simply not being used as a last resort. According to The Money Charity, 2,102 consumer county court judgments are issued every single day, with an average value of £2,030. [Interruption.] I think that is the bell.

--- Later in debate ---

On resuming—

[Chris Evans]

Just before the bell rang, I was about to say that a recent investigation published by the Daily Mail found that 900,000 CCJs were issued last year, a greater than 33% increase on the previous three years. The investigation highlighted the particular case of ParkingEye, a company responsible for many private car parks in this country and a significant user of CCJs to enforce fines. In the past three years, the company has made more than 60,000 county court claims against drivers, including one uncontested case in which it was awarded only 1p in compensation. Some of my constituents have written to me seeking advice after being threatened with CCJs and other heavy-handed tactics used by that company.

Duncan Bannatyne, writing in his book “Anyone Can Do It”, says that if a person does not honour their contract with his gymnasium, he will have no hesitation in taking them to county court. Again, I find that practice rather sharp. It is clear that civil court actions must have justice at their core, but can we really call it justice when a person has a CCJ on their record to a value of 1p? Such a CCJ could influence a lender’s decision on whether to give that person a mortgage or loan.

[Julian Knight (Solihull) (Con)]

I congratulate the hon. Gentleman on securing the debate. I declare an interest as chair of the all-party parliamentary group on alternative lending. One issue that has been raised with me is credit scoring, on which getting a CCJ has a huge impact. CCJs are an outdated method. Does he agree that, combined with reform of CCJs, we should consider reforms to allow real-time credit scoring and encourage greater information sharing?

[Chris Evans]

Absolutely. As a member of that all-party parliamentary group, I pay tribute to the hon. Gentleman’s chairmanship. He knows my interest in real-time credit scoring and that I think the situation is in desperate need of reform. I have always said that such reform would be a win-win situation: a win for the lenders because they would know to whom they were lending, and a win for the consumer because lenders would drive down their prices. I have been campaigning for real-time credit scoring since I came into Parliament, and I thank him for fully supporting the campaign, but that is for another day.

I recently had a lucky escape from a CCJ. In the past three years, I was involved in a minor collision outside my home here in London with a vehicle owned by the taxi firm Addison Lee. When Addison Lee got into dispute with the insurance company, rather than negotiating with the insurance company, it went over the top of it and tried to issue me with county court proceedings. Had I not received the documents in time, a county court judgment would have been registered against me, even though it was my belief that the insurance company was dealing with the claim. Luckily, I was fortunate enough to be able to act straightaway and seek legal advice, which prevented the CCJ, but people with similar cases have not been so fortunate.

My second key concern is that some people served with CCJs do not receive any notification if they have moved house. The only legal requirement for the service of court documents to an individual is merely a last known residence. There is no legal requirement per se for the court documents to be delivered or received. Indeed, court documents are considered validly served even if they are returned to the court marked undelivered. The result is that some people are unaware that there is a CCJ against their name until they apply for credit, such as when buying a car or a house.

The Daily Mail investigation raised the poignant case of a young couple from Northern Ireland who were told that they could not take out a mortgage on a new home because one of them parked for 20 minutes in a restricted airport carpark. The CCJ claim was sent to an old address, so the couple were completely unaware of it. Ultimately, the couple had to pay £200 to satisfy the CCJ and get the mortgage. I hardly think parking in the wrong parking bay is sufficient cause to turn someone down for a mortgage on a home. It is clearly important and in the interest of justice that those who are accused of owing money are given the best possible chance to defend themselves and respond to the claim. It is simply not acceptable that the courts are unable in some cases properly to inform those accused of owing a debt of the accusation and, more importantly, of their rights.

The third major concern about CCJs is the huge and often disproportionate effect that they have on people’s access to finance. CCJs are recorded for six years on the register of judgments, orders and fines if they are not paid within one month. Credit rating agencies make significant use of that register when deciding whether to give credit in the form of loans, mortgages and other finance. A person subject to a CCJ, by default or otherwise, has several options. If they can pay within one month, the debt will not appear on the register or harm their credit rating. If they can pay in full but not within one month, the CCJ will be listed for six years and be marked “satisfied”. Ignored CCJs can result in charging orders, attachment of earnings orders and warrants of execution that allow bailiffs to seize property to the value of the debt. There are processes for setting aside CCJs or making counter-claims if the claimant owes money.

Those who need access to credit but have a bad credit rating due to a CCJ against their name sometimes turn to credit repair companies in search of quick fixes. That is usually a mistake, because there are no quick fixes, as the director general of the Office of Fair Trading made clear:

“County court judgments cannot be removed from credit files unless they have been discharged (within a month) or were incorrectly granted.”

Sometimes the only credit available to those with CCJs offers extremely unfavourable terms to the borrower, such as high-interest payday loans. Those issues paint a very negative picture of the effectiveness of CCJs, and of how they are used in general, the way they are issued and the disproportionate way they affect people.

Reform is clearly needed. Although it is perfectly legal and within creditors’ rights to make claims against debtors for even the smallest of debts—it is correct that debts must be repaid—can the fact that so many people are taken to court over small debts be justified? There is a case for creating a new mechanism that creditors can use to seek redress for debts owed to them below a set value, similar to that in Scotland, with small claims for debts of less than £3,000, summary cause actions for debts of £3,000 to £5,000, and ordinary actions for debts of more than £5,000. That would allow credit rating agencies to draw a more accurate and reliable distinction between serious debts that may demonstrate genuine inability or unwillingness to repay loans and mortgages, and minor debts that do not.

More emphasis must be placed on mediation between companies and debtors in advance of CCJ claims being submitted. CCJs should be a last resort for creditors. Creditors should be able to demonstrate that they have made every possible effort to recover their debts amicably and by mutual agreement before heading to court. Those two measures, alongside other reforms, would help to reduce the rapidly increasing number of CCJs, which are issued daily.

The way that CCJs are issued must also be reformed. Those who face the threat of court action for debts must be given all the information they need to know their options. At this point, it would be remiss of me not to pay tribute to the important and useful advice provided by Citizens Advice on this matter. The first responsibility should be with the courts, which should make every effort to explain people’s rights and options fully if they are threatened with a CCJ.

Without those improvements, we must consider the 14-day period in which a CCJ can be challenged to be too short. The vast majority of people served with a CCJ are not legal experts and must be given time to decide how to proceed. As it stands, the threat of high fees and fines, and the complicated nature of CCJs, can force people to submit and accept a judgment, even if they had the chance and legal right to oppose it. In my experience with Addison Lee, had I not sought legal advice and made a challenge, I would have lost out financially. I was able to take on Addison Lee only because the insurance company was willing to meet the costs of my challenge. It is important that everyone who faces the threat of a CCJ is given the best possible chance and the support they need to make a challenge, as I was.

Crucially, the courts must always be satisfied that the person who is threatened with a CCJ is aware of the process. It is not fair, right or in the interest of justice that someone can have a CCJ recorded against their name by default just because they did not receive any notification of it—it could even have been sent to the incorrect address. Without a requirement that the courts must be satisfied that the accused debtor is aware that a claim is being made against them and has received the court documents, cases such as those uncovered by the Daily Mail will continue to emerge.

Lessons can be learned from the Scottish system for delivering court summons. Documents are first sent by recorded delivery. If that fails, court documents are sent out with sheriff officers. Such a system would address the problem of unknown CCJs in the rest of the UK. Reform must be made to address the disproportionate impact that a CCJ can have on a person’s ability to access finance. Credit rating agencies clearly make use of the register of judgments, orders and fines. Debts settled within one month are not placed on the register, but is that one-month limit arbitrary? All debts, once settled, should be removed from the register entirely once they have been cleared.

My suggestion of a new kind of CCJ for small debts might make a difference if credit rating agencies viewed them as less damaging. Of course, even a minor debt should be expected to harm a person’s credit rating, but the size of the debt and the size of the loss of credit rating should be proportionate to one another. It seems madness that people can be turned down for financial products simply because they are in dispute with a mobile phone company or a car parking company. This debate is fundamentally about whether county court judgments provide a sense of justice to creditors and to debtors. As it stands, they do not, as they appear to lean too heavily in favour of the claimants. Why else would their use by creditors be expanding so rapidly? That is a particular problem.

The Government are, I believe rightly, attempting to increase home ownership and access to finance, but the expansion of CCJs will surely hinder that effort. It is clear that some people with CCJs recorded against them are unaware of the fact until they get a nasty surprise when they check their credit rating. I am an Opposition MP, but I am happy to say that the Government have done good work in standing up to payday lenders and trying to increase access to finance by making sure banks access the right people. However, all that will be lost because of this abuse of the county court judgment system. As long as it is in play, that work will mean absolutely nothing.

Although it is not possible to know exactly how many people have CCJs made against them without their knowing or being able to provide a defence, the fact that the situation is possible is a problem in itself. For the people affected, having a CCJ on their record can mean the difference between being able and not able to own their own home. In some reported cases, it has even prevented access to finance for something as simple as a mobile phone contract. The Government have to introduce reforms to rebalance CCJs and allow debtors to defend themselves properly.

Debtors must have the best possible chance of understanding the legal action being taken against them. More effort should be made to resolve debt issues without heading to court, and if court action is the only available course a distinction must be made between high and low-value debts. Those subject to CCJs must be given more time and information so they have the best possible opportunity to make a challenge and defend themselves. The Government must also take action to mitigate the impact that CCJs can have on access to finance, which is already a problem for so many. I fear that if the Government do not reform CCJs and take action to address the issues I have raised, more people’s lives will be ruined.

[Calum Kerr (Berwickshire, Roxburgh and Selkirk) (SNP)]

The hon. Gentleman is making a powerful case. I am not sure whether he is aware that the French philosopher Voltaire said, “We look to Scotland for all our ideas of civilisation.” Although I will not say we need to go that far in respect of this matter, does the hon. Gentleman agree that when there is best practice, or better practice, in other nations on these islands, it is incumbent on the Government to look at that and learn from it?

[Chris Evans]

I did not think that Voltaire would be mentioned in a debate on county court judgments; I congratulate the hon. Gentleman on getting that quote in. In politics, we have to realise that if something works and works well, it does not matter if it is not our idea; if it is a good idea, it should be rolled out. I am glad that the hon. Gentleman is here representing Scotland. He knows the system there, and it does work far better than the one we are discussing. It provides better justice for those who have CCJs against them and has a better system for ensuring that people receive the summons. That is something we should learn from.

I do not have much time, so I shall bring my remarks to a close. I welcome the Prime Minister’s comments last month about the ongoing investigation of the use of CCJs and the disproportionate effect they can have on the lives of the many people who have been caught out by them. I wait in anticipation to see what reforms are initiated to protect people from the predatory use of CCJs. I know the Minister well: he is a fair man with a strong sense of justice. I hope that today he finds a way to right the wrong done to so many people.

Oral Answers to Questions

Chris Evans Excerpts

Tuesday 1st November 2016 Commons Chamber

[Dr Lee]

I am committed to ensuring that victims of crime get the support they need. Specialist services for victims of domestic abuse are commissioned both locally by police and crime commissioners and nationally. It is important that a range of provisions are in place to meet the diverse needs of domestic abuse victims. The Government’s new strategy on ending violence against women and girls sets out an ambition that by the end of this Parliament all victims of abuse will get the support they need. We have pledged increased funding of £80 million for that between now and 2020.

[Chris Evans (Islwyn) (Lab/Co-op)]

Some 82% of women who are sentenced to prison are convicted of non-violent crimes. Is it not about time that the Government had a cross-Department agenda that focuses on early intervention, so that we avoid locking women up?

[Dr Lee]

I am aware of the complex problems often exhibited by women offenders—mental health and substance misuse problems—and I am actively engaged with other Departments to bring forward such a strategy in the new year.

Oral Answers to Questions

Chris Evans Excerpts

Tuesday 14th June 2016 Commons Chamber

[Michael Gove]

My hon. Friend is absolutely right, in two respects. It would be wrong to set an arbitrary target, but we intend to ensure that all our policies work—not just our policies relating to rehabilitation and prisons, but some of the broader policies that were touched on by the right hon. Member for Orkney and Shetland (Mr Carmichael) in respect of young people. If all those policies work and the Government’s broader life chances agenda is implemented in full, we should reduce offending, and also ensure that our society is fairer and more socially just.

[Chris Evans (Islwyn) (Lab/Co-op)]

Does the Secretary of State agree that one way of reducing the prison population would be to conduct a serious review of short-term sentencing? It provides no drug rehabilitation or educational programmes for prisoners who are shortly to be released, but simply sends them back into the system over and over again.

[Michael Gove]

There is evidence that some short sentences do not have the rehabilitative effect that we all want to see. We want to ensure that all those who are sent into custody by the courts—and we respect their right to decide what sentence is appropriate for a crime —receive the support that they need in order not to offend again.

Legal Guardianship and Missing People

Chris Evans Excerpts

Wednesday 23rd March 2016 Westminster Hall

[Chris Evans (Islwyn) (Lab/Co-op)]

I thank the hon. Gentleman for raising this important issue, which is very close to my heart. Richey Edwards of Manic Street Preachers fame disappeared and his sister, Rachel Elias, campaigned extensively for the Presumption of Death Act 2013, which was passed by the coalition Government. I am delighted to see Peter Lawrence, Claudia’s father, sitting here today, and I pay tribute to him for all the work he has done.

Has the hon. Member for York Outer (Julian Sturdy) studied the Australian model of the Guardianship and Management of Property Act 1991? The legislation allows for an application to be lodged to the guardianship and management of property tribunal of the magistrates court to have someone appointed a manager to the property of a missing person. Has he thought about whether that type of legislation could be implemented here in the UK?

[Julian Sturdy]

The hon. Gentleman is absolutely right to raise the Australian model, and that should form part of the process that I hope the Minister will follow. For me, we must ensure that we see progress—and quick progress—on the measures now. We have had the consultation. We have cross-party support. We need action.

Families have been waiting for years for protection, and the unnecessary delay in implementing the legislation will only prevent yet more families from doing what is right for their loved ones’ estates. I accept that parliamentary time can be in short supply and that many important Bills are currently progressing through the House. However, the fact remains that the Government promised to act as soon as possible. A year on, they have failed to deliver on that promise.

I quote from the Government’s own response to the consultation last year, which stated,

“given the importance of this measure and the strong support from all sides, legislation will be brought forward as soon as possible in the new Parliament.”

The proposals also have the support of the Justice Committee and the all-party group on runaway and missing children and adults.

According to figures from Missing People, currently 2,215 adults across the country have been missing for more than three months. It is expected that between 50 and 300 applications for guardianship for missing people would be made each year under the new legislation. However, discussing the crisis in numbers overlooks the important impact—that behind each and every person are families and friendship groups suffering from uncertainty and the sad realisation that they are powerless to act.

It is next to impossible for me to comprehend what Peter has been through for the past seven years, as well as other families right across the country, as has been highlighted in the debate. I hope that we can all agree that it is essential that we offer every assistance we can. Disappearance can affect any family at any time across the country. It could be my family. It could be the Minister’s family. Any family in this room could go through this at some point in their lives. We all have a duty to ensure that the families of missing people do not have to deal with the additional stress and worry of not being able to protect their loved one’s property.

A year has now passed since the Government committed to creating a new legal status of guardian of the property and affairs of missing persons, yet we are no further forward in the process. The Government must now commit to a clear parliamentary timetable for delivering the changes, to help those families at a time when their world has simply been turned upside down. There is, as has been expressed, strong cross-party support for the measures, so there are no excuses. I am resolute in my view and will continue to lobby the Minister and the Government until families such as Peter’s get the change that is so desperately needed.

--- Later in debate ---

[Mr Raab]

I thank the hon. Lady for sharing her personal insight and for her expression of cross-party support for the proposals, which certainly helps. The Government acknowledge the very real predicament of families such as the Lawrence family.

[Chris Evans]

I have known the Minister a long time, and he will focus on this like a laser beam. When I was campaigning for a presumption of death Act back in 2011, Missing People said that the law is like crazy paving—that was the best way of describing it. There is no certainty, and people are looking to the Government for some form of certainty. I look for that assurance today.

[Mr Raab]

The hon. Gentleman has highlighted the problem with which we are grappling. I understand that people want to hear assurances today, and I will do my level best. Of course, we acknowledge people’s predicament, and we want to do everything we can to help the families of missing people address the administrative problems that can make life even more piercingly difficult at such a traumatic time. It is estimated that there are a significant number of cases of disappearance each year in which there are sufficiently serious problems to make the appointment of a guardian a worthwhile option to have on the legislative table, so to speak.

The coalition Government consulted on the proposals to create a status of guardianship, and the response was published shortly before the 2015 general election. I reassure all Members that the Government are committed to pursuing the measure and getting it into law.

Dog Theft: Sentencing

Chris Evans Excerpts

Wednesday 2nd March 2016 Commons Chamber

[Gareth Johnson]

That is a very interesting point. There should certainly be an aggravating feature of the offence of theft. Unfortunately, that is not the case according to the Sentencing Council’s guidelines. That is what is missing. Dogs are stolen in burglaries for a multitude of reasons: for fighting, for ransoms, for breeding or for selling on.

This crime is increasing and the emotional impact it has on both the owner and the dogs is immeasurable. Anyone who has had a dog stolen from them is able to say how painful an experience it is for both the owner and the animal, yet I fear penalties will now be reduced rather than increased. This is due to the flawed sentencing guidelines introduced just last month. Under the guidelines, theft sentencing is split into three categories—high, medium and lesser culpability. These are defined by specific characteristics. However, none of those characteristics includes anything that would normally apply for the theft of a dog. This forms the very starting point for sentencing. The guidelines then go on to look at the harm caused, which does cover emotional distress to the victim but is assessed primarily by the financial loss to the victim. That cannot be the right approach.

[Chris Evans (Islwyn) (Lab/Co-op)]

I apologise for coming late to the debate. I was caught out by the previous Division. The hon. Gentleman mentions the emotional impact of the theft of a dog. That is so important. For those of us who love dogs and have owned them all their lives, we know how terrible it is when we have to say goodbye to them. It is terrible to lose a dog in circumstances where we do not know what has happened, whether stolen by a criminal gang to be used for fighting or whatever. Does he agree that the emotional impact should be reflected in sentences for people who steal dogs?

[Gareth Johnson]

I certainly do. I agree with everything the hon. Gentleman says. It is one of those offences where the emotional loss is not catered for in the guidelines. It does not just relate to dog theft and other animals but to personal items. The emotional impact of the theft of family photographs belonging to family members who have passed away is not properly taken into account when the courts are sentencing offenders either.

Courts cannot place dog thefts in the top half of offending categories unless the dog has a high monetary value, and that is not always the case. It means there is a greater chance of prison for the theft of a pedigree than there is for the theft of a mongrel. This approach completely fails to understand the nature of dog theft. The impact an offence like this has on a victim is not even mentioned in the list of aggravating factors that the court should take into account. Dog theft is now seen as an easy way of making money with little chance of a prison sentence imposed on the offender. In fact, under the current guidelines it is very difficult for a court to imprison someone for the theft of a dog that is worth less in monetary terms than £500. It is no wonder, then, that these offences are on the increase.

I fully accept that the Sentencing Council cannot cater for every type of theft and that it has an extremely difficult job, but there needs to be a greater appreciation of the emotional impact an offence can have on an individual.

Oral Answers to Questions

Chris Evans Excerpts

Tuesday 23rd June 2015 Commons Chamber

[Caroline Dinenage]

I thank my right hon. Friend for her very kind welcome. I would like to praise her for her ongoing commitment to this really important issue, particularly her work steering the Autism Act 2009 on to the statute book. We are clear that we need a system that ensures that the most vulnerable have access to the right support and help. That is why we are putting in place a programme of reforms to improve the experience of vulnerable victims and witnesses in court, as well as enhanced protection outside.

[Chris Evans (Islwyn) (Lab/Co-op)]

I welcome both the Minister and the Lord Chancellor to their places. In November 2014, Argoed, a close-knit community in my constituency, was rocked by the horrific murder of Cerys Yemm. She was killed by a prisoner who had just been released and sent to stay in a bed and breakfast. Neither the council nor the landlady was told of his mental health issues. He could not get hold of the mental health medication he needed, the result of which was this unfortunate incident. His mother says that he was in and out of the criminal justice system all his life. He would go into a hostel, and then back to prison when he committed another crime. I thank the Lord Chancellor for agreeing to meet me to discuss this case. Will the Department now launch an urgent investigation into how we monitor the mental health of former prisoners?

[Caroline Dinenage]

It is really important that we carefully monitor how mental health is regarded from within the community into the prison system and then back out into the community again. I know that the Secretary of State and the prisons Minister have agreed to meet the hon. Gentleman and I am sure that they will listen carefully to everything that he has to say.

Safety in Prisons

Chris Evans Excerpts

Wednesday 17th June 2015 Westminster Hall

[Chris Evans (Islwyn) (Lab/Co-op)]

It is a pleasure to follow my hon. Friend the Member for Wansbeck (Ian Lavery), who brought passion to the debate, as he does to every issue we discuss in this House. I congratulate my hon. Friend the Member for York Central (Rachael Maskell) on her district and analytical speech. It is important that we bring safety in prisons to the fore.

The No. 1 issue for me, as it was when I served on the Select Committee on Justice, is mental health in prisons, which is not being treated properly. I will say something controversial: I do not believe that there is such a thing as an alcoholic or a drug addict—I say that as the son of an alcoholic—but there is an underlying mental health issue that is not being treated.

The figures speak for themselves. In 2013-14 an average of 19,383 prisoners were held in overcrowded accommodation, which accounted for 23% of the total prison population. What happens to prisoners with mental health problems? In 2013, 25% of women and 15% of men in prison reported symptoms indicative of psychosis, in stark contrast to the 4% figure for the general public, and 26% of women and 16% of men said that they had received treatment for a mental health problem in the year before they went into custody. With that knowledge, prisons should do more to ensure that prisoners with mental health problems receive appropriate support.

Personality disorders are particularly prevalent among people in prison, with 62% of male and 57% of female sentenced prisoners having such a disorder. Can we imagine how that must affect someone serving a sentence and in life afterwards? Sadly, in my constituency last November, the failure to address mental health issues both in prison and on release came home to me and the small, tight-knit community of Argoed. Cerys Yemm was a young girl on a night out when she met Matthew Williams. As we know, she was brutally murdered at The Sirhowy Arms and he was to die after being tasered by the police.

Mr Williams was said to have had all the symptoms of a paranoid schizophrenic. He had been sent to The Sirhowy Arms by Caerphilly Council having just been released from prison. Following his release he was not properly monitored, even though he had been diagnosed with paranoid schizophrenia from an early age and he was an habitual criminal. His mother told the press at the time that he was unable to access medication on his release. She said:

“He should have been in hospital. Every time he came out of prison we’d go through the same process. He would be placed in a hostel somewhere with very little supervision and no psychiatric help”.

Even though a serious case review is ongoing, I asked the then Justice Secretary, the right hon. Member for Epsom and Ewell (Chris Grayling) to launch an urgent review into mental health in prisons. I will speak to his successor and seek a meeting at which we can talk about mental health and the rehousing of prisoners.

Last night the BBC Wales programme “Week In Week Out” revealed that two men went on to kill and several sex offenders were sent to a bed and breakfast on their release without the landlady’s knowledge. That is banned in England, as is sending 15 and 16-year-olds to B and Bs, yet that is still prevalent in Wales. Even though that is not a devolved issue, I call on the Welsh Government to ensure that that practice is stamped out by its councils.

I see what the time is, so I will try to wind up, Mr Bone. In 2009, Lord Bradley, a former Home Office Minister, called for adequate community alternatives to prisons for vulnerable offenders where appropriate. His report recommended that the Department of Health introduced a new 14-day maximum wait to transfer prisoners with acute, severe mental illness to an appropriate health setting. There has been progress in access to healthcare for prisoners who require special treatment, but the 14-day target has not been implemented. It continues to be vital that we get reform for communities such as Argoed—if the Minister ever wants to visit a community where everyone knows everyone else, he should go there.

The family of Miss Yemm have called for the Sirhowy Arms to be demolished so that it does not become a monument to ghouls like 10 Rillington Place or 25 Cromwell Street in Gloucester. I support the family in that, but I hope that the Government will listen to the prison and probation ombudsman for England and Wales, Nigel Newcomen, who said that lessons need to be learned.

Staff working in prisons should actively identify known risk factors such as suicide and self-harm. Violent offences against family members are known risk factors for suicide, and being subject to a restraining order can be a sign of increased vulnerability. All new arrivals should promptly receive an induction, giving them information to help them meet their basic needs in prison. Mental health referrals need to be made and acted on promptly, and there should be continuity of care from the community. Prisoners are most at risk in their first month, but even if someone has served a sentence, they should still be monitored if they are found to have a mental health issue. I urge the Minister, on behalf of the community of Argoed, to take action, and I ask for a meeting at the earliest opportunity to discuss this issue.

Oral Answers to Questions

Chris Evans Excerpts

Tuesday 11th November 2014 Commons Chamber

[Chris Grayling]

Let us be absolutely clear and put it on the record that it would be wholly and utterly unacceptable for any voluntary sector bidder involved in the preferred bidder status to be treated as bid candy. I am delighted that we have some really strong partnerships between the private and voluntary sectors. I have stood in this House on more than one occasion and said that I want to see those strong partnerships. They are not prime/sub relationships; they are partnerships at the top table. This is something of which we as a coalition should be proud. It is about the voluntary and private sectors working together in a way that I believe will make a real difference.

[Chris Evans (Islwyn) (Lab/Co-op)]

Argoed in my constituency was rocked over the weekend by a particularly gruesome and horrific murder, and I am sure the whole House will join me in extending sympathies to the family of Cerys Yemm, the young girl who lost her life. The Ministry of Justice has launched an immediate investigation into why her killer committed such a serious offence within 30 days of being released. However, reports yesterday said that he could not get a prescription for his paranoid schizophrenia, he was not met at the prison gate and he was referred to a local bed and breakfast, where this horrific murder took place. Does the Secretary of State agree with the need for an urgent investigation into how mental health is treated in prisons and the monitoring of prisoners after they are released?

[Chris Grayling]

Let us be clear that we all think that what took place was an horrendous incident. I offer my sincere condolences to the family of the victim. I also offer my sympathy to the hon. Gentleman as the local Member of Parliament dealing with this difficult situation. Of course, a serious further offence review is looking at what took place and it would be wrong of me to prejudge its outcome, but it is already clear to me that lessons will need to be learned and that we may need to make modifications to the way the system works in order to try to make sure that nothing as horrendous as this can ever happen again.

Probation Service

Chris Evans Excerpts

Wednesday 30th October 2013 Commons Chamber

[Chris Evans (Islwyn) (Lab/Co-op)]

I shall keep my remarks short, as most of what I wanted to say has been covered in the debate. I have no problem with a private-public partnership or with businesses coming into partnership, although there has been criticism on both sides of the House when Government Departments do not follow business models. We can learn some things from the private sector, but when 35 probation trusts—deemed good or, in some cases, excellent in a National Audit Office report of July 2012—have won awards for the level of service they provide, what good can come from this change?

I shall focus my comments on short-term sentences. Before this debate, I did some research and wrote an article about such sentences. I learned that 60% of people with short-term sentences who are not given a probation order are likely to reoffend within a year, while 20% will reoffend within three to four years. What does that say? It says that probation is pivotal to stopping reoffending.

As my hon. Friend the Member for North East Derbyshire (Natascha Engel) said, there is no magic bullet to stop people reoffending. People are different. By privatising 70% of the probation service, we are turning people into statistics and into profits. Private companies will cherry-pick the best and leave the worst cases on the vine. I think we need to talk more about why the probation service has been so successful and why people have not been reoffending. It comes down to one thing. When I talk to probation officers, they tell me that everybody is different, everybody faces different circumstances and everybody has different needs. Probation officers get to know these people and develop a relationship with them. They understand the barriers and how to stop these people from getting back into a cycle of crime. The probation service has been very good at this, and we should support what it does.

I mentioned some statistics about short-term sentences, which highlight the need for the probation service to get involved. We should be expanding the probation service rather than privatising it. We have heard that we must go with our gut instinct. That is what the Justice Secretary said. Well, let him go with his gut instinct, but the fact remains that, as my hon. Friend the Member for Hayes and Harlington (John McDonnell) said earlier, this is a matter of life or death. It is up to the Government, but if they get this wrong, there is nothing they can do to apologise to the victims of crime.

Oral Answers to Questions

Chris Evans Excerpts

Tuesday 18th September 2012 Commons Chamber

[Mrs Grant]

I am aware that my hon. Friend has an ongoing interest in this area, and I thank him for drawing it to my attention. However, chancel repair liability is a valid property right, which has been upheld by the House of Lords. Properties have been sold subject to the liability, and insurance can be made available. The requirement for registration will help greatly in dealing with the problem of discoverability, but I will, of course, keep the matter under consideration and monitor developments carefully.

[Chris Evans (Islwyn) (Lab/Co-op)]

10. What progress he has made on televising court proceedings.

[The Minister for Policing and Criminal Justice (Damian Green)]

Legislation to amend the current prohibition on televising court proceedings is included in the Crime and Courts Bill, which is currently being debated in the other place. Initially, we plan to allow broadcasting of judgments and advocates’ arguments from the Court of Appeal.

[Chris Evans]

I thank the Minister for that response. Will he give a cast-iron guarantee that when the legislation comes before the House, safeguards will in place to ensure that we do not see a repeat of what happened with sensational trials such as those of O.J. Simpson and Conrad Murray in the United States? Will the Minister assure us that if such things do occur, the judge will be able to stop televised proceedings?

[Damian Green]

Absolutely, and I think that the hon. Gentleman’s concerns will be shared across the House and, indeed, across the judiciary and the courts system more widely. I am very clear that although this reform is in the interests of transparency, which we hold to be very important, it must not give offenders opportunities for theatrical public displays. Victims, witnesses, offenders and jurors will not be filmed, so I hope that we will be able to avoid the problems that we all want to avoid.