Lord Grayling
Main Page: Lord Grayling (Conservative - Life peer)Department Debates - View all Lord Grayling's debates with the Ministry of Justice
(12 years ago)
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Kate Green (Stretford and Urmston) (Lab)
1. What the Government’s policy is on the use of indeterminate sentences for public protection.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
The widely criticised indeterminate sentence of imprisonment for public protection was abolished on 3 December. It has been replaced by a new regime of mandatory life sentences, which apply to anyone who is convicted for a second time of a very serious sexual or violent offence, and tough extended determinate sentences.
Kate Green
In a written answer published on 19 October, I was informed that 193 prisoners over the age of 60 were serving indeterminate sentences for public protection. Approximately 25 elderly high-risk prisoners are expected to be released in Greater Manchester, some of whom will have higher than average social care needs as well as a need for specialist supervision. What discussions have been taking place with local authorities about where those individuals are to be accommodated, and who will bear the cost?
Chris Grayling
As the hon. Lady will know, the probation service regularly engages in detailed discussions with local authorities to try to establish the right ways of dealing with individual offenders. In many parts of the country there is integrated offender management, which is designed to ensure that we provide the best possible support. My plans for a rehabilitation revolution will step up the support provided for such people, and will, I hope, ensure that we address issues such as where prisoners are to live after leaving prison.
Mr Nick Gibb (Bognor Regis and Littlehampton) (Con)
On 25 April 2010, Irene Glen from Littlehampton opened the front door to her former partner Sean Benn. He came in and, with a kitchen knife, stabbed Mrs Glen 10 times. She was flown to London for several hours of emergency surgery, and mercifully survived. Sean Benn was convicted of wounding with intent, and was sentenced to detention in a secure hospital under the Mental Health Act 1983. On Thursday, a tribunal will consider whether to release him, a mere two years after that horrific attack. Mrs Glen believes that he may attack her again, and is terrified for her life. What can she do to prevent Sean Benn from being released, and what can we do to protect my constituent?
Chris Grayling
I shall look carefully at the case to which my hon. Friend has referred. Matters relating to release are handled independently by the different tribunals and assessment services that are there to decide whether it is safe to release a prisoner, and I should obviously be concerned to hear of circumstances in which a potentially dangerous prisoner was to be released. My Department will certainly be able to discuss with my hon. Friend whether there are any ways in which we can help either to support his constituent or to influence the process, should that prove necessary.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
2. What consideration he has given to reviewing the age of criminal responsibility in England and Wales.
Mr Marcus Jones (Nuneaton) (Con)
6. What steps he is taking to reform the rehabilitation of offenders by supporting people leaving prison who have served less than 12 months.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
It might be helpful if I put the right hon. Member for Tooting (Sadiq Khan) and other Opposition Members out of their misery and told them exactly what we are planning to do. As the House knows, I intend to apply payment by results to the majority of rehabilitation work conducted with offenders in the community. This rehabilitation revolution will stimulate innovation and open the delivery of services to a wider range of providers with the skills needed to change an individual’s behaviour and reduce offending in future. I aim to extend those services to cover those sentenced to less than 12 months in prison. I intend to hold a series of initial discussions with stakeholder groups tomorrow and to publish early in the new year a detailed consultation paper that will serve as both a response to the previous consultation paper and a direction for our reforms.
Chris Grayling
One of the things that I believe are very important as we build a system of mentoring for former offenders is that there should be someone working alongside them to ensure that they have somewhere to live when they leave prison. Of course, the Department has worked closely with the Department for Communities and Local Government to address homelessness with a strategy that contains a number of measures to help ensure suitable accommodation for offenders, such as flexibility in the universal credit system so that short-sentence offenders do not lose their tenancies when they spend a short time in prison.
Keith Vaz (Leicester East) (Lab)
I welcome the Secretary of State’s announcement that prisoners should be met at the gates by mentors—I am not sure whether he is volunteering to be one of them. Some 35% of prisoners have a drugs problem. Has he seen the latest Home Affairs Committee report, which suggests that prisoners should be compulsorily tested on exiting prison so that they can be given the support they need in the community as he has so rightly recommended?
Chris Grayling
I agree with the right hon. Gentleman’s sentiment with regard to drugs, prisons and when offenders move back into the community. I have spoken to prison officers who are deeply frustrated by the fact that treatment begins in prison but then stops at the prison gate. I can assure him that one of the things we are working on is ensuring that the conditionality we introduced to surround our rehabilitation revolution will mean that treatment flows through the prison gate and continues after the prisoner has been released.
Derek Twigg (Halton) (Lab)
Can I ask the Secretary of State specifically about what he and his Department are doing to support former members of the armed forces who are in prison? I am thinking particularly of those who have served on operations. How is the Department helping them with rehabilitation and making sure that support mechanisms are in place so that they can get on with their lives and do not reoffend?
Chris Grayling
I regard it as a national shame that so many former members of our armed forces are in our prisons. I have discussions with the Minister with responsibility for veterans issues, my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois). I see the issue as something that we need to take forward in the next few months. It is certainly sitting high in my in-tray as a priority for us all.
Jeremy Lefroy (Stafford) (Con)
7. What steps he is taking to tackle reoffending.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
I refer my hon. Friend to the answer that I gave a few moments ago. We intend to apply payment by results to the majority of rehabilitation work conducted with offenders in the community as soon as we can.
Jeremy Lefroy
I thank my right hon. Friend for that answer and for the one he gave my hon. Friend the Member for Nuneaton (Mr Jones). Reoffending is to some extent also linked to lack of preparation prior to release. As a member of an independent monitoring board, I noted that we placed a great emphasis on induction and less on “outduction”—preparation prior to release. What is my right hon. Friend doing in that respect?
Chris Grayling
Our aim is to deliver a service that flows through the prison gates. One of the failings of the current system is that, as the right hon. Member for Leicester East (Keith Vaz) said a moment ago, there is not enough co-ordination between what happens in prison and after prison. The contracts that we build will begin while an offender is in prison and will see them through the prison gate to ensure that the continuity to which my hon. Friend refers is present.
Andy Sawford (Corby) (Lab/Co-op)
Given the abject failure of the payment-by-results programme that the Secretary of State introduced in his previous role as Minister with responsibility for employment, does he not recognise how incredibly worried people in Corby and east Northamptonshire will be that his new privatisation —the new payment by results—will be equally damaging for offender management?
Chris Grayling
I do not accept the hon. Gentleman’s comments about the Work programme. About 200,000 people who were long-term unemployed have started work through that programme. The Labour party has been utterly disingenuous in how it has argued around the figures. There are people with first-rate expertise out there, particularly in the voluntary sector. I will be seeing such people tomorrow to talk about how we can help offenders participate. Those people can bring real expertise to make sure that reoffending rates, which are much too high, come down.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
When are the Government going to produce a strategy on dealing with women offenders and reoffending by women?
Chris Grayling
Our aim is to do so early in the new year, but we do not want to rush it. I recognise that there is a need to differentiate the needs of women in prison from those of men in prison. The challenges are different and our responses should be different. One of my early steps in recognising that was to separate ministerial responsibility for men and women in prisons so that we could place a proper focus on the latter and their distinctive needs.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Legal aid is a fundamental part of our legal system, but resources are not limitless. Publicly funded legal support should be reserved for those who need it most—for the most serious cases in which legal advice and representation are justified. It will continue to be available in cases where people’s lives or liberty are at stake, where they are at risk of serious physical harm or immediate loss of their home, or where their children may be taken into care.
Ian Mearns
The Secretary of State said that the legal aid system is a fundamental part of the justice system, but we are witnessing a massive erosion of legal aid. Given the attacks on legal aid, on no win, no fee claims, on the Human Rights Act and on judicial review, and the drainage of resources at community legal advice centres and citizens advice bureaux, which are so important, particularly at the moment, do this Government truly believe at all in access to justice for all?
Chris Grayling
Of course we believe in access for justice, but we have to face the reality that we have had by far the most expensive legal aid system in Europe. At a time when we are still dealing with the financial debris left behind by the previous Government, it is impossible to avoid some tough decisions.
Mr Jonathan Djanogly (Huntingdon) (Con)
Reforms to legal aid to date have focused on civil legal aid. Future reforms will have to move on to criminal legal aid and, in particular, criminal contracting. Will my right hon. Friend therefore please say whether he has a timetable for criminal contracting?
Chris Grayling
Inevitably, we cannot avoid considering all the financial issues that face the Department. We are focusing on delivering the changes that we must soon introduce on civil legal aid; a number of measures need to come before this House in the next few weeks. That, for now, is our prime focus.
Mr Andy Slaughter (Hammersmith) (Lab)
To avoid a 12th defeat in the other place on the Legal Aid, Sentencing and Punishment of Offenders Bill, the Secretary of State’s predecessor promised this House that he would not cut legal aid at first-stage appeal in welfare benefits cases if a point of law were involved. The proposals finally brought forward were so inadequate that two weeks ago their lordships voted them down and told him to come back with something better. Now we hear that the Secretary of State, in a fit of pique, intends to do nothing at all. Why is he breaking a promise to Parliament and to some of the most destitute and vulnerable people in the country?
Chris Grayling
As the hon. Gentleman will be aware, we have promised to consider the decision by the Lords. I was a little surprised to see the rather unusual step taken in the other place of voting down a statutory instrument that was granting a concession, but we will of course review the issue and decide how to proceed.
Philip Davies (Shipley) (Con)
9. If he will take steps to ensure that prisoners serve full sentences as handed down by the courts.
Mrs Mary Glindon (North Tyneside) (Lab)
15. When he expects to announce the Government’s response to the consultation on the future of the probation service.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
As I indicated a moment ago, following my meetings tomorrow with a series of stakeholders, I will finalise a paper setting out my proposals for delivering a rehabilitation revolution. The paper will include a response to the previous consultation on probation reform and set out how my proposals have developed. It will be published early in the new year.
Mrs Glindon
The Secretary of State will be aware that Northumbria probation trust has received the best inspection results so far from Her Majesty’s inspectorate. How will he ensure that probation trusts continue to be effective in protecting the public and reducing reoffending after the review, given that it is proposed that offender management will be fragmented across a wide range of providers?
Chris Grayling
As I have indicated, we have some high-quality probation professionals in this country. It is a profession that will remain important to us. We need specialist skills, particularly in the protection of public security, risk assessment and harm prevention. Such skills will remain integral to the way in which a public sector probation service works.
Paul Goggins (Wythenshawe and Sale East) (Lab)
16. What plans he has to extend the use of restorative justice.
Stephen Gilbert (St Austell and Newquay) (LD)
17. What steps he is taking to improve community sentences.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
The Government are determined to ensure that community sentences are effective at punishing and rehabilitating offenders. We have increased the length and duration of curfews and given courts greater flexibility to impose programme and treatment requirements. We are also making the delivery of community payback swifter and more intensive. Provisions in the Crime and Courts Bill will ensure that new community orders contain a punitive element, give courts new powers to monitor the location of offenders electronically, and, following on from the comments of the right hon. Member for Wythenshawe and Sale East (Paul Goggins), increase the use of pre-sentencing restorative justice.
Stephen Gilbert
I welcome the steps that my right hon. Friend has outlined. Newquay, in my constituency, sees a large and welcome influx of visitors each year, a minority of whom commit antisocial behaviour. What assurance can my right hon. Friend give me that community sentences will be served in the areas where the crimes occur?
Chris Grayling
That would of course be the norm, but the most important thing is not geography but that punishment takes place. Given the circumstances that Newquay faces, I hope that the addition of a punishment to a community sentence will be a timely reminder to a lot of young people of what they can and cannot do. That approach will create a system that is better and more appropriate for Newquay.
Ian Lucas (Wrexham) (Lab)
Wales probation trust has carried out excellent community-related work with local voluntary services in north Wales. Will the Secretary of State confirm that he sees a role for probation services in the brave new world to which he has referred?
Chris Grayling
I can absolutely do that. I have visited the Wales probation trust and am impressed by what it has done, and I am absolutely committed to seeing high-quality, specialist public sector probation officers continuing to deliver the support that we need them to deliver, particularly to prevent harm from coming to members of the public.
Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Today, in accordance with the timetable set out in its terms of reference, the Commission on a Bill of Rights has delivered its final report jointly to the Deputy Prime Minister and myself. The Government thank the commission for the diligent manner in which it has discharged its task. It reflected the remit set out in the coalition’s programme for government of establishing a commission to examine the creation of a British Bill of Rights that
“incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in British law, and protects and extends British liberties.”
The House knows very well my strong views on these matters, and we will now give the report careful consideration.
Mrs Hodgson
What assessment has the Secretary of State made of the medium to long-term demand on the youth justice system, given that the budget for early intervention work such as helping troubled families and supporting teenage drug and alcohol programmes will have been cut by 40% by the end of this Parliament?
Chris Grayling
I think the hon. Lady misunderstands the position. The Government are putting a huge effort into tackling the problems in troubled families, with work taking place in the Departments for Communities and Local Government and for Work and Pensions. I hope that we can make a real difference by reducing offending. The contribution of restorative justice will make a difference, and our rehabilitation revolution will help to ease pressures on our criminal justice system.
Lorely Burt (Solihull) (LD)
T2. Last week, the Public Accounts Committee published its report on the Ministry of Justice’s language services contract. It concluded, among other things, that Applied Language Solutions does not have enough interpreters available to meet demand, and that the interpreters who are provided do not all have the necessary qualifications. Does the Secretary of State intend to implement the Committee’s recommendations to address those pressing issues?
Sadiq Khan (Tooting) (Lab)
The British Human Rights Act provides protection against cruel and inhumane treatment, including the right to a fair trial, the right to life, the right to family life and freedom of expression. It makes explicit the fact that Parliament is sovereign, and that even the Supreme Court cannot trump Parliament. Bearing that in mind, will the Justice Secretary make it clear that it is the British Human Rights Act that he so opposes, or is it the British courts that interpret the law? Which of the rights in the British Human Rights Act would not be included in his Bill of Rights?
Chris Grayling
The original human rights convention was a laudable document written when Stalin was in power and people were sent to the gulags without trial. Over 50 or 60 years of jurisprudence, the European Court of Human Rights has moved further and further away from the goals of its creators, and I believe that this is an issue that we have to address in this country and across Europe.
Sadiq Khan
I know that the right hon. Gentleman has done the primer, but I did not mention the European convention or the European Court—I mentioned the Human Rights Act. Will he answer a simple question? Will he confirm that were it not for the Human Rights Act, the extradition of the Asperger’s-suffering Gary McKinnon to the USA could not have been stopped by the Home Secretary?
Chris Grayling
I am a bit puzzled by the right hon. Gentleman’s comment, because the Human Rights Act enacts the convention in the law of this country. I think, and many in the House agree, that the remit of the Court has expanded beyond its creators’ original intention, which is why we need reform.
Simon Wright (Norwich South) (LD)
T3. Will the Secretary of State seek to make an example of some of the best practice work experience schemes for serving prisoners such as the big society award-winning custody and community project at Norwich’s Chapelfield shopping centre, which is highly effective in cutting reoffending?
Mr Dominic Raab (Esher and Walton) (Con)
T5. The Bill of Rights commission report that has just been published has split views on many issues, but a majority think that the status quo is unstable and, interestingly, a majority want further reform of the Strasbourg Court. What reassurance can the Secretary of State give us that he remains committed to defending the House from the creeping usurpation of democratic power by the Strasbourg Court?
Chris Grayling
I can give my hon. Friend an absolute commitment. The Conservative party—although not the Opposition, from what we have heard today—is committed to the need for change and to ensuring that international human rights frameworks do not inappropriately intrude on the democratic decisions of this Parliament.
Jim Shannon (Strangford) (DUP)
Does the Minister agree that an essential part of probation for reoffenders is monitored interaction within the community, and that community service can be a useful tool for reintegration in society?
Steve McCabe (Birmingham, Selly Oak) (Lab)
Very agog, Sir. Will the Secretary of State say when he plans to end the scandal of making welfare benefit payments to prisoners serving a sentence?
Chris Grayling
That is a matter for the Department for Work and Pensions but I am absolutely of the view that benefit payments should not be made to serving prisoners. I hope and expect that the DWP will deal with that issue. I believe that my right hon. Friend the Secretary of State for Work and Pensions has already taken steps to ensure that the system we inherited, in which that kind of thing could happen, comes to an end.
Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
T9. Does the Secretary of State agree that although judicial review is important, in many circumstances its use can become excessive?
Chris Grayling
I absolutely agree. The proposed consultation and the measures that we set out last week, which we think will make a difference as a first stage towards reforming judicial review, are essential. We must bear in mind that only one in five judicial reviews succeed. They are a huge burden on our justice system and a price the nation has to pay. We will be looking at whether further changes can be made to ensure that we protect the integrity of judicial review as a valuable tool for challenging the Government, while not allowing it to continue as a tool that can be abused.
Bill Esterson (Sefton Central) (Lab)
The most vulnerable people in my constituency will suffer most from cuts to legal aid. Is it not the case that under this Government there is one law for the few who can afford expensive legal advice and another law for the rest?
Chris Grayling
It is noticeable that time and again in these sessions we hear what are effectively spending commitments from the Opposition. They want to spend more money on legal aid, despite the fact that—by their own admission—they left us with no money in the bank. The hon. Gentleman must accept that we have to take tough decisions to reduce the cost of the most expensive legal aid system in Europe, and we will take those decisions.
Miss Anne McIntosh (Thirsk and Malton) (Con)
Many of us who were young advocates took work from legal aid at the start of our careers. If that work goes, will my right hon. Friend look at promoting mediation across all departments—welfare departments, health tribunals and the works—to help young aspiring advocates and barristers make up the income they will undoubtedly lose?
Chris Grayling
My hon. Friend’s point about mediation is important and highlights the fact that when dealing with the financial challenges we face, the Government must look for innovative new ways of doing things. Mediation is certainly one of those.
Yvonne Fovargue (Makerfield) (Lab)
How many people do the Government expect to be able to challenge welfare benefit decisions at the highest level on a point of law in the future if they continue to claim that it is too difficult to find a way to identify cases and provide legal aid, despite the Minister’s reassurances to the Legal Aid, Sentencing and Punishment of Offenders Bill Committee?
Chris Grayling
We are still in discussions about how to respond to the vote in the House of Lords, but we must accept that there are limits to what the Government and the taxpayer can provide in terms of legal support. There will always be limits to what the state can do, and we are trying to find the right balance in exceptionally difficult financial circumstances.
Priti Patel (Witham) (Con)
This week the public learned that the legal aid bill for the radical cleric Abu Qatada stands at over half a million pounds and is still rising. Will my right hon. Friend put an end to that misuse of public money?
Chris Grayling
I would make two points to my hon. Friend. First, whether we like it or not, we will always, in the interests of justice, have to provide some support to people whom we find distasteful. Secondly, the reality is that I share her concerns. I have already commissioned a review of aspects of our legal aid system in which I believe there are public confidence issues. I hope to give my thoughts on that front in due course.
Mr Bob Ainsworth (Coventry North East) (Lab)
The Courts and Tribunals Service has admitted that there is a 55-week wait for appeals on employment and support allowance in Coventry. That is higher than the 37 weeks admitted by Ministers and higher than the national average. What will be done to end that disgraceful state of affairs?
Chris Grayling
We are doing two things, but the right hon. Gentleman needs to bear in mind that the backlog has existed not just under this Government, but under his Government. The reality is that we are dealing with a very large number of cases. We are working hard to improve decision making within Jobcentre Plus, and have taken on board the recommendations of Malcolm Harrington to improve the process. One challenge we face is that when we are taking tough decisions on benefit entitlement and when people are free to appeal, there will always be a propensity to do so.
Andrew Jones (Harrogate and Knaresborough) (Con)
Will the Secretary of State ensure that charities and voluntary organisations can continue to provide their services for the rehabilitation of offenders?
Mr George Howarth (Knowsley) (Lab)
The Secretary of State seemed to confirm a moment ago in a reply to the hon. Member for Witham (Priti Patel) that the legal aid bill for Abu Qatada came to half a million pounds, as has been reported in the newspapers. Will he therefore explain why he refused to provide that figure in a written answer to me last week?
Chris Grayling
I will have to look into that. I am not aware that I have refused to provide anything. The figure has been made publicly available.
Mr Robert Buckland (South Swindon) (Con)
Last year, the number of applications for permission to apply for judicial review in immigration and asylum cases reached a point at which they represent more than three quarters of the total number of such applications. What will my right hon. Friend do about that growing issue?
Chris Grayling
Our consultation includes proposals to introduce a series of limitations in the judicial review process, particularly to stop people coming back again and again looking for new legal nuances to launch a new case. I believe, as does the judiciary—this has been highlighted in a number of recent cases—that judicial review is simply being used as a vehicle to delay being deported from the country, which is wrong.
Meg Munn (Sheffield, Heeley) (Lab/Co-op)
The all-party parliamentary group on child protection is conducting an inquiry into the review of family justice and the Government’s proposed reforms. We have today heard that in most situations the judge did not meet children in the looked-after system before making decisions about their lives. Is it not time that judges who work on family justice cases are dedicated to family justice rather than dealing with other cases, so that we can ensure that they are properly trained and can communicate properly with children?
Chris Grayling
It is not for me specifically to instruct the judiciary on how they handle cases—the independence of the judiciary is a feature of our system. However, I am sure the hon. Lady’s comments will have been heard by those who lead the family division. It is very much a matter for judges to decide how best to ensure that they have the right mix of experience.
Tim Loughton (East Worthing and Shoreham) (Con)
Topically, Liz Calderbank, the chief inspector of probation, has today produced a report into what she calls the depressing and flawed care system, in which too many young people in care end up in the youth justice system. What part are Justice Ministers playing in the Department for Education review of vulnerable children placed a long way from home, often in inappropriate children’s homes and other accommodation?
Chris Grayling
We are doing two things. First, we are undertaking a complete review of how we detain young people. I am uneasy—to say the least—about a system that costs a substantial amount of money and yet has a high reoffending rate. I do not believe we are getting it right, and we are looking to introduce a process in the new year to address how we detain young people. Secondly, I am in regular contact with my right hon. Friend the Secretary of State for Education. I believe we are due to meet to discuss those issues in the next few days.