Lord Grayling
Main Page: Lord Grayling (Conservative - Life peer)Department Debates - View all Lord Grayling's debates with the Ministry of Justice
(11 years, 4 months ago)
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Damian Hinds (East Hampshire) (Con)
3. What assessment he has made of the contribution that financial inclusion programmes can make towards reducing reoffending rates.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Alongside our probation reforms, it is important to look at other areas in which we help offenders when they leave prison. It is often the basic things, like having a bank account, that they need help with to avoid slipping back into a life of crime. We recognise the importance of financial inclusion, which is why we grant-fund Unlock, a programme that helps prisoners establish a relationship with a commercial bank. Indeed, the prisons Minister, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), is doing a lot of work at the moment with the banks to try to ensure we can offer financial services to those who leave prisons, so they can get their lives back together.
Damian Hinds
Does my right hon. Friend agree that credit unions can play a unique and valuable role not only in providing the nuts and bolts of banking, but in improving financial capability and promoting savings to increase financial resilience?
Chris Grayling
I am a great fan of the credit unions. I have seen their work both in my previous role as employment Minister and now as potential contributors to the process of rehabilitating offenders. I absolutely agree with my hon. Friend that we should support and encourage the work of credit unions. They can make a huge difference for those who cannot access financial services through other means.
Mr Speaker
Indeed, but not financial inclusion, which was the purport of the question. However, the Secretary of State is a dextrous fellow, and I am sure he can respond appropriately.
George Hollingbery (Meon Valley) (Con)
7. What assessment he has made of the effect on barristers of his proposed changes to legal aid.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Our analysis, based on applying our proposals to the cases handled by the Legal Aid Agency last year, suggests that overall the majority of criminal advocates would either be better off or see their income unchanged as a result of the fee proposals, while civil barristers affected, who generally receive higher fees than other civil advocates, could see their income reduced.
George Hollingbery
Could the proposals not have been centred around a fixed-fee per case, salami-slicing budget cuts across the board or restructuring? Will not this arrangement protect the incomes of lower paid barristers?
Chris Grayling
My hon. Friend is absolutely right. That was part of our objective. Some people argued that we should go for one case, one fee, but that would in my view do deep long-term—if not total—damage to the Bar. We chose not to go down that route. We have put together a package of proposals that, on the basis of the case mix carried out last year by junior barristers, should leave a substantial proportion of them either with an unchanged income or a slightly increased income.
John Healey (Wentworth and Dearne) (Lab)
19. If legal aid cannot be paid unless permission is granted for a judicial review, does the Justice Secretary accept that lawyers will be unable to take on some of the strongest cases such as when local authorities might refuse to recognise their duty to house a homeless family? Those are exactly the kind of cases where they will offer an early settlement or a no-cost settlement.
Chris Grayling
I am afraid that I think the current situation is unacceptable, whereby we are obliged to provide legal aid to anyone who starts a judicial review regardless of the strength of their case. If an individual has a strong case with their lawyer against a local authority, they should seek to recover their costs from that local authority. It is not the job of the taxpayer to bank-roll all cases.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Has the Lord Chancellor heard from the Bar Council since the Law Society sent me a letter yesterday describing the constructive progress that had been made in discussions? Does he recognise the genuine concern that when a fundamental change is made in the relationship between the two sides of the profession, it has to be after very careful consideration?
Chris Grayling
My right hon. Friend makes an important point. Over the past few weeks, I have had very constructive engagement with the Law Society and I welcome the counter-proposals it has put to us. We have recognised many shared objectives in that and it has behaved with professionalism over this matter. I was very disappointed that when the Bar Council submitted its report and recommendations to us in response to our consultation it did not contain the same degree of constructive engagement. I am due to meet the Bar Council later today and I hope we will see that change.
Karl Turner (Kingston upon Hull East) (Lab)
Now that the Lord Chancellor concedes that client choice is integral to the criminal justice system, when will he announce that price-competitive tendering has been dumped once and for all?
Chris Grayling
The hon. Gentleman needs to realise that the concept of competitive tendering in criminal legal aid was originated by his own party. Now we are hearing the Labour party oppose the things for which it argued for years, and it is typical of this Opposition that they will say one thing when in government, and when in opposition will say something completely different. I am proud to be part of a party that is defending health budgets and taking tough decisions in other areas; the hon. Gentleman is part of a party doing the opposite.
Mr Philip Hollobone (Kettering) (Con)
Although legal aid is no longer available for most family litigation, it is still available for family mediation, yet many mediation services have seen their inquiries halve since April because clients are under the mistaken belief that it is caught up in the changes. Given that mediation is often better than litigation, what can the Secretary of State do to advertise the fact?
Chris Grayling
I am very concerned to pursue that. I am aware of the issues that my hon. Friend mentions. It may well be down to the fact that there was a surge in cases prior to the legal aid changes that came into effect in April, but I can give him an assurance that this is very much on my radar, and I intend to pursue it.
Mr Andy Slaughter (Hammersmith) (Lab)
Last week, the Lord Chancellor was telling some of the 16,000 respondents to his legal aid consultation that their responses had been automatically deleted, but he must have read some of them, as they provoked his embarrassing U-turn on choice of solicitor yesterday. Will he now also U-turn on forcing small firms out of business and on giving cash incentives for guilty pleas, and will he abandon the further cuts in civil legal aid that will, according to the Parole Board among others, cost several times the £6 million he claims they will save?
Chris Grayling
Labour Members really do not get it, do they? Government Minister consults on proposals, listens, makes some modifications, and gives an early decision to help people, so they are not attacking proposals that have changed. Labour Members never listened to anybody when they were in government; they just ploughed ahead regardless.
The hon. Gentleman is the person who said, in 2011, that the Government should look for
“efficiencies in the criminal legal aid system,”
to
“save…money”.—[Official Report, 2 November 2011; Vol. 534, c. 958-9.]
We are now doing that; they have changed their minds. It is shambolic.
Andrew Stephenson (Pendle) (Con)
8. What representations he has received from smaller law firms on his proposals to reform criminal legal aid.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
The recent consultation “Transforming Legal Aid” generated around 16,000 responses, which, contrary to reports, have been read extensively by individuals, including many by myself. Many were from smaller law firms or those who work within a smaller law firm. I have personally attended events organised by the Law Society where I met many solicitors who practise with smaller firms. I met a number of people from smaller firms in the north-west last week, and we will continue to talk to all the representative bodies in the weeks ahead.
Andrew Stephenson
I thank the Secretary of State for his answer. On 24 May, when I met a number of solicitors and barristers from across Pendle, they raised several concerns with me. However, principally they believe the savings that my right hon. Friend is planning to make have already been made, and the figures the Government are using are out-of-date legal aid totals. What reassurance can he provide to them?
Chris Grayling
I can give my hon. Friend my assurance that that is not the case. There are a number of false rumours floating around. The figures that we used for the recent consultation were based on the criminal legal aid spend in 2011-12, which were the most up-to-date figures when we published the document. When developing these proposals, we have also taken fully into account the savings that came out of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which were presaged by the previous Government, who set in train the initial process towards cutting legal aid costs. However, given the continuing pressure on public finances, we do, I am afraid, still need to bear down on the cost of legal aid.
Jeremy Corbyn (Islington North) (Lab)
Could the Secretary of State assure the House that none of the e-mailed responses to his consultation has been deleted? To make everybody happy, will he ensure that every single one of them is published, because there seems to be a story out there that somehow or other his Department is not interested in the response to the consultation process, and therefore it has been deleting unwanted e-mails? I am sure that is not the case, but could he assure the House that it is not so?
Chris Grayling
My understanding is that that is not the case, and if there is any suggestion that it is the case, we will ask the people who sent the e-mails to resend them. However, I can assure the House that as far as I am aware, every submission is in our hands, is being read, and will be considered properly.
Tessa Munt (Wells) (LD)
All of us understand the need to control costs, but I wonder how the Secretary of State will ensure that the creation of a single fixed fee, payable regardless of whether an individual pleads guilty, will not create a direct conflict of interest between the legal representative and his or her client.
Chris Grayling
It is clearly in our interests to have a system where we encourage people who are guilty to plead guilty early. That saves money. It is the right thing to do for society. I do not believe or accept that we would be in a position where any qualified lawyer would try to encourage someone to plead guilty when they were not guilty, but of course we are listening to all the responses from the consultation and will bring forward further proposals in due course.
Sadiq Khan (Tooting) (Lab)
May I say, in the most courteous way, to the Justice Secretary that he should revisit some of the answers on legal aid he has given today? He is just wrong on a number of points. There is now a general consensus that his Department’s reform of court translation services was a shambles—the Select Committee on Justice, the National Audit Office and the Public Accounts Committee all agree. What differences are there in his plans to reform legal aid to avoid repeating the mistakes made in the previous set of reforms?
Chris Grayling
Let us be clear: it is no secret that the handling of contracting of translation services could have been better, and lessons have been learned. However, that service is now delivering to a very high standard and saving the taxpayer millions of pounds. The Opposition simply do not get that we have to take tough decisions to save money to deal with the mess they left behind.
George Eustice (Camborne and Redruth) (Con)
9. What assessment he has made of the effectiveness of the small claims procedure.
John Pugh (Southport) (LD)
15. What impact assessment he has conducted on the potential effect of his proposed changes to legal aid on the quality and equity of legal representation in criminal cases.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Although we are clear that we must continue to bear down on the cost of legal aid, under our proposals, and indeed under any actions we take, quality legal representation will still be available to all who need it.
Chris Grayling
I agree with my hon. Friend. Of course, I regard the qualifications available to both the solicitors’ profession and the Bar in this country as of a high international standard. If a qualified solicitor or barrister is available to help somebody in a legal predicament, that is a sign that we are doing the right thing to support them and that will not change.
Derek Twigg (Halton) (Lab)
Why, then, did the Secretary of State think it was a good idea to limit whom a person can pick to be their solicitor?
Chris Grayling
My key concern is to ensure that we have universal coverage, even in tough times. I have consulted the legal profession, put forward ideas and listened, which I think is what they hoped a Government would do. I have made a modification, but nobody, and certainly not the Labour party, should be under any illusions: we have to meet financial targets and tough decisions lie ahead. The question is whether the Opposition support those changes, because I have heard no suggestion that they would reverse them.
Mr Andrew Turner (Isle of Wight) (Con)
My right hon. Friend and I have already spoken about this subject. I believe that there would be very great difficulties for people in need of legal aid on the Isle of Wight. The travelling times and the difficulty and cost of accessing legal advice on the mainland would be of a completely disproportionate magnitude to those experienced elsewhere in the country. Will he outline how he plans to address that problem?
Chris Grayling
One of the comments from colleagues in the House and elsewhere, which we must clearly factor in when developing the next stage of the proposals, is what we will do in areas that are rural or have particular geographical issues. That is something I am very mindful of—
Chris Grayling
It is all very well for Labour Members to say that it is a mess, but we are making changes that they recommended and said were necessary. We are making a financial decision to sort out a mess they left behind. [Interruption.] Where do they stand?
Mr Speaker
Order. The hon. Member for Kingston upon Hull East (Karl Turner) should not keep prating noisily from a sedentary position. When he was practising at the Bar, he would not have behaved like that in the courts. Due decorum should be observed by the hon. Gentleman.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
This Government’s handling of the proposed changes to legal aid has been absolutely shambolic. Not only are they proposing to restrict access to legal aid—a right that goes back to Magna Carta—but their proposal will actually cost more. When will the Minister get a grip?
Chris Grayling
Sometimes, Mr Speaker, you have to pinch yourself when you hear Labour Members. It is true that we are going to limit access to legal aid to people who have a net disposable income of more than £3,000 a month after tax, national insurance, mortgage payments, food, council tax, and child care. My view is that if people have that much disposable income, they can make a contribution. Labour is only a party for the rich these days.
Mark Menzies (Fylde) (Con)
16. What assessment he has made of recent trends in the development of judicial review.
Kelvin Hopkins (Luton North) (Lab)
T1. If he will make a statement on his Departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
My hon. Friend the Member for Bury North (Mr Nuttall) has already referred to the new prison in north Wales, and I thought it might be helpful to update the House on our plans. The purpose-built institution that we are planning will hold about 2,000 prisoners and bring about 1,000 jobs and a £23 million boost each year to the region’s economy. We expect work to start on the build in summer next year, with the aim of being fully operational by late 2017.
I want to put on record my thanks to the Welsh Government and the local authorities in the region for their co-operation in helping this, the first prison in north Wales, to become a reality. We will announce the specific set of sites in due course. I believe that this is the right thing for this part of the country and the right way to meet prison capacity demands. New prison builds represent much better value for money for the taxpayer, but as the recent report from Policy Exchange recognised, they are also the right way for us to cut this country’s stubbornly high reoffending rate. That is another reason why the announcement of this Government investment is such welcome news.
Kelvin Hopkins
Only two years ago the probation service was awarded the British Quality Foundation Gold Medal for Excellence and was lavishly praised by the then responsible Minister, who was later sacked to be replaced by hard-line privatisers who are now determined to force more public money into private pockets, whatever the consequences. Is not that the simple truth?
Chris Grayling
It is important that Labour Members understand what they are saying when they oppose these reforms. Every day of every week, a young person, very often somebody who has grown up in the most difficult circumstances and found themselves with a short sentence in jail, is walking back on to our streets with £46 in their pocket and no support, and the majority reoffend. That is a scandal, it needs to stop as quickly as possible, and that is what we are aiming to do.
Mr Gary Streeter (South West Devon) (Con)
T2. May I commend my right hon. Friend for his courage in trying to tackle the legal aid budget, which certainly does need to be addressed, and thank him for the genuine consultation exercise on which he has embarked? May I gently suggest to him that, in particular, the plans for large criminal law legal aid contracts in rural areas need to be looked at? I am concerned about the decimation of specialist firms in Plymouth. I support his approach, but could he please look again at that issue?
Chris Grayling
I can give that assurance. As I said a moment ago, this is one of the things that has come out of the consultation—it is a genuine consultation, although I know that Labour does not believe that it should be genuine—and we are listening and I will review it over the next few weeks.
Sadiq Khan (Tooting) (Lab)
And all said with a straight face!
It is a statement of fact that the Justice Secretary’s plans for the probation service will lead to serious sexual and violent offenders being supervised by the likes of Olympic security and Work programme experts G4S, A4e and others. Why has he refused my freedom of information request to see the risk register for these plans?
Chris Grayling
Labour simply will not accept the need for change and for those under-12-months prisoners to be supervised. As the right hon. Gentleman knows, when his party was in government he did not publish risk registers, either. This is another example of Labour doing one thing in government but wanting the rules to change the moment it moves into opposition. It is very unedifying.
Sadiq Khan
May I gently advise the Justice Secretary to seek advice from the Leader of the House, the former Secretary of State for Health, about how that movie ended for him?
The rest of us saw leaks of the risk register in last week’s media. What would the risk register need to say for the Justice Secretary to change his plans, or does he really not care?
Chris Grayling
Again, the right hon. Gentleman has conveniently forgotten what the purpose of a risk register is: it is a management document designed to ensure that we look at all the issues a project should address when formulating its plans and that we take the necessary steps to ensure that the process runs smoothly. That is what we are doing, and we are doing it because there is a large group of mostly young people on our streets who are likely to reoffend and have no support at all at the moment. I think that that is a problem worth sorting.
Sir Nick Harvey (North Devon) (LD)
T3. May I pursue a little further the point made by my hon. Friend the Member for South West Devon (Mr Streeter) about the impact of these legal aid changes in rural communities? Does the Secretary of State recognise that in remote communities like my North Devon constituency all this work is currently undertaken by small firms that will not be big enough to tender for contracts, and that if they are not able to keep the critical mass of work in this area, they will not be there to be subcontracted to by bigger firms? How far will my constituents have to go for legal representation in the future?
Chris Grayling
We need to ensure two things. We have to bring down the cost of criminal aid, so no change is not an option. We have consulted on a package of proposals and there will have to be change in the solicitors sector. The Law Society itself accepted that in a letter to the Select Committee yesterday. However, as I have said, one of the issues that arose from the consultation related to rural areas and we will consider it very carefully.
Jeremy Corbyn (Islington North) (Lab)
T4. In answer to questions asked by my hon. Friend the Member for Glasgow North East (Mr Bain) and others a few minutes ago, the Secretary of State and his colleagues were less than clear about the European convention on human rights. Which part of it do they object to and want to change, and are there plans to leave the convention altogether?
Andy Sawford (Corby) (Lab/Co-op)
T6. Is the spoof Twitter account @FailingGrayling a reference to the failing Work programme or to the rushed probation reforms, which are sure also to fail?
Chris Grayling
The Work programme is not in my remit now, but Members will have noticed that in the past couple of weeks we have published figures showing that more than 300,000 people have started work through the Work programme and that 132,000 of them have completed lengthy periods in work, all at a fraction of the cost of the programmes that we inherited from the previous Government.
Mr William Bain (Glasgow North East) (Lab)
T7. The Conservative party has always claimed to be suspicious of an over-mighty state. Why, then, do the Justice Secretary’s plans for judicial review reform strengthen the role of the state at the expense of the rights of individual citizens?
Chris Grayling
I do not believe that anyone should just be able to make a case, find a lawyer and have the initial application paid for. That is what we are going to change.
Ian Swales (Redcar) (LD)
T9. In its court translation services, Capita is delivering only 90% compliance against a contract level of 98%. Will the Minister tell the House the overall cost of that failure to the Courts Service and the total amount of the penalties that have been levied on Capita?
Ian Mearns (Gateshead) (Lab)
T10. There are significant questions of confidence relating to the Justice Secretary’s plans to privatise courts, not least from the Lord Chief Justice, and the Justice Secretary’s own officials have little confidence in his plans to privatise the probation service. Does anyone in the criminal justice system have any confidence in the Justice Secretary?
Chris Grayling
I am grateful to the hon. Gentleman for giving me the chance to make it clear that I have no plans to privatise the Courts Service. I have every intention of giving it additional commercial freedoms so that it is able to charge a proper rate from those who can afford to pay it. For example, when Russian oligarchs come to London to use our courts, it is right and proper that they should pay a significant amount for the job, as well as their substantial legal fees. I am sorry to hear that the Labour party is championing low bills for the rich and not the right job for this country.
Mr Henry Bellingham (North West Norfolk) (Con)
Will the Secretary of State refute again the ridiculous scare stories? Does he agree that even combined courts in the counties can be more flexible, efficient and innovative, and that any talk of privatisation is ridiculous?
Chris Grayling
My hon. Friend is absolutely correct. What we are hearing from Opposition Members throughout this sitting is that they are the same old Labour party: they have no answers to any of the problems, they oppose any change and they oppose savings. Frankly, they are not fit to be an Opposition, let alone a Government.
Ann Coffey (Stockport) (Lab)
The appointment of registered intermediaries is an underused special measure for child witnesses. Because children do not hear or understand language in the same way as adults, they can find cross-examination very confusing. What more can Ministers do to encourage the appointment of registered intermediaries to help children give good quality evidence in court?
Duncan Hames (Chippenham) (LD)
I understand the need to bear down on costs that is driving the Lord Chancellor’s legal aid reforms. Given the disproportionate cost of defending corporate fraud cases, will he consider other ways to make savings, such as requiring those costs to be met out of companies’ public liability insurance?
Chris Grayling
I am all in favour of making anyone involved in our court system make greater use of insurance, as they do in Germany. However, it is a difficult place to get to if we are asking victims of crime to contribute to the cost of prosecuting that crime.
John Cryer (Leyton and Wanstead) (Lab)
Further to Topical Question 1, will changes to the probation service mean that reoffending rates rise or fall? I am not asking for another paean for privatisation—will reoffending rates be cut or will they rise?
Chris Grayling
Evidence from where we have put such changes into practice in Peterborough—we have just published the first findings of the kind of mentoring approach I am talking about—shows a noticeable drop in the level of reoffending. I am confident that the reforms will deliver that. It is much needed.
Graham Evans (Weaver Vale) (Con)
What plans does my right hon. Friend have to improve the number of court cases that go ahead on the day that has been scheduled, in order to reduce the upset caused to victims and witnesses?
Fiona Mactaggart (Slough) (Lab)
Will the Secretary of State promise the House that if he were to close a women’s prison, he would ensure that some of the savings that arose went towards preventing women from going into prison in future?
Chris Grayling
The answer is yes. Our probation reforms will also involve greater mentoring support for those who receive community sentences. Our aim is to stop people going to prison in the first place, and help prevent them from going back if they do end up in prison.
Gavin Barwell (Croydon Central) (Con)
My constituents expect prison to be a place of punishment and rehabilitation, not to provide a more comfortable lifestyle than the one inmates enjoy on the outside. Will the Minister explain how the incentives and earned privileges scheme will operate in the new prison planned in north Wales, and say whether daily life will be significantly different from elsewhere?