Lord Grayling
Main Page: Lord Grayling (Conservative - Life peer)Department Debates - View all Lord Grayling's debates with the Ministry of Justice
(10 years, 1 month ago)
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Nic Dakin (Scunthorpe) (Lab)
4. What progress has been made on investigations into the alleged misuse of public money by private providers holding contracts with his Department.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Investigations into misuse of public money are complete, with £179.4 million reclaimed from the well-publicised settlements with two of the Department’s major suppliers. Taxpayers can be assured that the work has not stopped there. A 12-month programme of diligent and detailed assurance across all major contracts held has uncovered no other further misuse of public money.
Nic Dakin
The Secretary of State has inserted unprecedented clauses into privatised probation services guaranteeing a decade of lost profits should a future Government walk away from these contracts. How much will the taxpayer have to pay the likes of Working Links, Sodexo, Interserve and Mitie in those circumstances?
Chris Grayling
That is a complete misunderstanding of the way in which government works. I simply refer the hon. Gentleman back to the contracts for the flexible new deal set in place under the previous Government, which contained standard penalty clauses for the termination of contracts. We have followed the same principles set out then by the Treasury in establishing these new contracts.
Roberta Blackman-Woods (City of Durham) (Lab)
5. What recent assessment he has made of the effectiveness of the probation service.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
We are closely monitoring the performance of the national probation service and the community rehabilitation companies as we implement our reforms. Over recent years, probation trusts have improved their performance. That is a tribute to the hard work of probation staff at all levels. None the less, rates of reoffending overall remain unacceptably high. Our Transforming Rehabilitation reforms will tackle reoffending, which blights societies and costs the economy too much.
Roberta Blackman-Woods
Many of my constituents who work in the probation service have written to me to share their concerns about
“the mounting chaos linked to the IT systems, the potential risks to the public, the reduced contacts with offenders and the increase in sentencing without reports.”
They want to know why
“the Government has abolished an award winning, highly effective Probation Service in Durham…and replaced it with a hugely inferior, largely privatised service”
that
“is putting the public at risk and failing to rehabilitate offenders.”
Chris Grayling
I would hope that the hon. Lady would pay tribute to the probation staff and voluntary sector organisations that have come together in her area to bid for the contract to take on the CRC, because they are committed and believe that they can do a better job in bringing down reoffending in the future. I am delighted by the outcome of the bidding process in her area, and I hope that, when we reach the point of contracts and the new arrangements are put in place, the expertise of all of those organisations will transform our work in tackling reoffending in the hon. Lady’s county.
Duncan Hames (Chippenham) (LD)
I certainly welcome the prevalence of mutual organisations among the list of preferred bidders in our part of the country. What care is the Secretary of State taking in this process to ensure that their partners in those bids give them a genuine role as mutuals in providing those services and do not allow them to become bid candy in their proposals?
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.
Jenny Chapman (Darlington) (Lab)
I would also like to take this opportunity to pass on our condolences to the family of Cerys and the community in Argoed.
On the Transforming Rehabilitation contracts, Sodexo won more contracts to deliver more services than any other bidder. Sodexo is run by the wife of the chief inspector of probation. Does the Secretary of State see that as a conflict of interest in any way and what does he intend to do about it?
Chris Grayling
We are, of course, at the preferred bidder stage. Clearly, the issue is under discussion and it will need to be addressed. I will give further information to the House in due course. We should also remember that people in public life are sometimes married to other people in public life. Simply put, I hope that the Ministry of Justice, were it to fall under the leadership of a Labour Government, would not be disadvantaged by the fact that the putative Home Secretary is married to the putative Chancellor of the Exchequer. We have to consider these things very carefully and deal with them in a mature and sensible way, and we will seek to do that.
Mr William Bain (Glasgow North East) (Lab)
6. What steps his Department is taking to ensure that the compensation claims of mesothelioma sufferers are handled fairly.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
It is indeed the policy of the coalition Government to remain a party to the European convention.
Tim Farron
I welcome the Secretary of State’s answer. Given that the European convention on human rights was drafted by British lawyers, championed by Winston Churchill and has been instrumental in the protection of the rights of our armed forces overseas, does he agree that the interests of the British people will be best served by reforming the convention rather than taking cheap political shots and trying to get rid of it?
Chris Grayling
My hon. Friend may find that we disagree on this issue. I stand four-square by the rights that we signed up to in 1948: I do not stand by the way in which courts have evolved the jurisprudence since then into areas that are a long way from the original intentions of those 1948 authors. I personally believe—but it would be a matter for a future Government—that we need major change in that area.
Derek Twigg (Halton) (Lab)
The Secretary of State just said that the convention had moved into areas away from its original intention. One such issue is votes for prisoners. When will the Government give the House an opportunity to vote on votes for prisoners?
Chris Grayling
The hon. Gentleman will be aware that the recommendations by a Committee of this House on a draft Bill were wide-ranging and posed an interesting question about how one would manage a process of giving votes to those serving the last few months of their sentence, given that not all sentences are determinate. That is a matter that continues to be under the consideration of the Government, and he will be aware that the Council of Europe indicated recently that it would not seek to return to the issue until September next year.
Charlie Elphicke (Dover) (Con)
15. What progress he has made on reforming sentencing for people convicted for making threats on social media.
Laura Sandys (South Thanet) (Con)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Chris Grayling)
Today we stand together to remember all those who have lost their lives serving our country. The 100th anniversary of the start of the first world war is a hugely poignant reminder of the sacrifice made by so many of our service personnel who have given their lives in defence of our freedoms and security over the past century. I am sure the whole House will join me in echoing those sentiments. Among the many who lost their lives were members of the Prison Service, courts staff and staff of many other parts of my Department and its predecessors. I wish to pay tribute to their courage and remember their sacrifice. The Ministry of Justice is proud of those members of staff who have served and continue to serve with our reserve forces.
Laura Sandys
I associate myself with my right hon. Friend’s tribute to those in the Prison Service and the Courts Service who served and still serve in our armed forces.
I am sure my right hon. Friend is aware of the many people on probation who are placed in my constituency. What measures is the Department taking to ensure that they have sufficient connection to my area and that the impact on the local community is understood?
Chris Grayling
I understand my hon. Friend’s concerns. Under the Transforming Rehabilitation reforms, there will be a much closer link between a prisoner, their place of detention, the area into which they are released and the plans for supporting them after they leave prison. Should they need or wish to move to a different area, they will need consent from the probation service and their local probation officer to do so. My hope and belief is that this will lead to much better post-prison support, and in particular post-prison support close to their natural home, rather than the kind of issues that my hon. Friend has experienced.
Sadiq Khan (Tooting) (Lab)
The independent chief inspector of prisons appointed by the previous Government is well respected by prison governors, prisoners, experts, the wider community and on both sides of the House. As the Justice Secretary will be aware, he is not afraid to make critical reports. At a time of huge turmoil in the probation service, with massive problems throughout the country, why does the right hon. Gentleman think that the newly appointed chief inspector of probation, who has links to six of the 21 preferred bidders, has been so silent?
Chris Grayling
May I put it on record that I regard the current chief inspector of probation as a man of the highest integrity and of great professional expertise who has started to make a positive contribution to the probation arena. I recognise the issue raised earlier by the hon. Member for Darlington (Jenny Chapman). I indicated that I would make further comments to the House in due course. We are only at the stage of preferred bidders. As I said earlier, there are many people in public life who are married to other people in public life. We should be extremely careful before we start to damn them because of that situation, or we risk losing some extremely able people from our public life.
Sadiq Khan
Maybe the Justice Secretary can reassure us. Has the chief inspector of probation at any time raised concerns with him or his Ministers about the Transforming Rehabilitation programme? If so, what were they?
Chris Grayling
The chief inspector of probation has done a detailed piece of work on the Transforming Rehabilitation programme, and that report will be published shortly. He has highlighted a number of areas we are addressing. The report will set out in detail some issues, many of which preceded the current reforms and go back many years, on how to improve performance on probation. As I said to the House recently, I have asked the chief inspector and all inspectors to come to my office immediately and tell me if they identify anything in the reforms that gives cause for concern about public safety. They have not done so.
Bob Blackman (Harrow East) (Con)
T3. Will my right hon. Friend update the House on the risks and penalties of using a mobile phone while driving?
Chris Grayling
The offence of using a mobile phone while driving is very serious and should be dealt with effectively by the courts. It is an area where the Government are giving active consideration to strengthening the penalties, as part of our driving sentences review. It is wholly unacceptable in our society, and the courts should deal with it appropriately.
Mike Kane (Wythenshawe and Sale East) (Lab)
T2. With no expert witness support at the Bill Committee stage and now three heavy defeats in the House of Lords, are the Government attacking judicial review because they are losing so many cases?
Chris Grayling
I stand foursquare behind our proposed reforms of judicial review. Let me give the hon. Gentleman an example of proposals disagreed with in the other place—when they come back here, I will invite this House to restate its support for them. I believe that if somebody brings a judicial review, the court and the judge have a right to know who they are and who is supporting them. I do not personally regard that as terribly controversial. I am surprised that the House of Lords decided to vote against it. It is an example of the kind of change to our judicial review laws that I believe is necessary and we will proceed with it.
Nadhim Zahawi (Stratford-on-Avon) (Con)
T5. Last month saw the introduction of a fixed fee for whiplash injury reports, reducing the costs to insurers from several hundreds of pounds to just £180. Has the Minister made an assessment of the impact of this on spurious claims?
Andrew Bridgen (North West Leicestershire) (Con)
T6. Will the Justice Secretary confirm that by our joining the European arrest warrant, from 1 December the European Court of Justice will have overarching powers over the extradition process in the UK?
Chris Grayling
I can indeed confirm that the measures debated by the House yesterday do involve, when we opt back into them, giving ultimate jurisdiction to the European Court of Justice.
Steve Rotheram (Liverpool, Walton) (Lab)
T8. Drugs are a growing scourge in our prisons. Altcourse prison in my constituency was recently criticised by Her Majesty’s inspector of prisons for not making the necessary links between drug gangs and violence. Does the Minister agree with the right hon. Member for Lewes (Norman Baker) who said:“If anyone is soft on drugs it’s my Conservative colleagues”?
Ian Austin (Dudley North) (Lab)
T9. Official figures show that courts in the black country spend more than half their time dealing with people already convicted on 10 occasions. I think that decent, law-abiding people in Dudley will be appalled at that and will want a zero-tolerance approach adopted so that these people can be locked up and kept off the streets. At the same time as the courts are full of such people, magistrates in Dudley tell me that some offenders, including those accused of assault, robbery, domestic violence and even sexual assault and rape, are being dealt with by these so-called out-of-court disposals.
Chris Grayling
I hope, then, that the hon. Gentleman will welcome the fact that under this Government offenders are going to jail for longer, that more people are going to jail and that in the short term we have reduced the use of the simple caution—it is no longer available, other than in exceptional circumstances, for more serious offences and repeat offences. I hope he will also support the trial we announced last week for replacing the simple caution with a suspended prosecution. These are things being done under this Government that were not done under the last one.
Dr Julian Huppert (Cambridge) (LD)
T10. The rate of self-harm in women’s prisons is much higher than in men’s prisons. What steps are the Government taking to ensure that women in prison have access to mental health care so that they can tackle the problems they face?
Jackie Doyle-Price (Thurrock) (Con)
My constituents believe that the emphasis on human rights is leading to an excessively light touch when dealing with unauthorised Traveller encampments. Does my right hon. Friend agree that to enjoy the benefits of human rights, individuals should also acknowledge their responsibilities to abide by the law?
Chris Grayling
I absolutely agree. I cannot offer my hon. Friend change under this Government, but my intention is that a future Conservative Government would include in our proposed Bill of Rights a specific limitation to stop people claiming article 8 rights and overriding the law of the land that applies to the rest of us. That should not happen.
Robert Flello (Stoke-on-Trent South) (Lab)
The Secretary of State will be aware that former Fenton magistrates court—now Fenton town hall building again—is currently occupied by protesters concerned about the memorials inside it and the building itself. In the past, he has kindly stood at the Dispatch Box and confirmed that the memorials would be protected by covenants if the building was sold, but my constituents are concerned that a developer might simply ignore those and demolish the building anyway, resulting in the loss for ever of these memorials, which are priceless and incredibly important to the people of Fenton. Will he meet me and a delegation of local residents to discuss this matter and, I hope, put their minds at rest, and to talk about the future of the building itself?
Karl Turner (Kingston upon Hull East) (Lab)
On 19 September, Mr Justice Burnett ruled in the High Court that the consultation on criminal legal aid was so unfair as to amount to illegality. The entire criminal justice system is in chaos. What is the Lord Chancellor doing about it?
Chris Grayling
If the hon. Gentleman reads the details of that judgment carefully, he will see that it required us to carry out a short further consultation, which we have done. We will introduce our updated proposals very shortly.
Stephen Mosley (City of Chester) (Con)
Will my right hon. Friend update the House on the latest figures for the numbers of deaths and serious injuries due to accidents caused by drivers using mobile phones while driving?
Philip Davies (Shipley) (Con)
Is the Secretary of State aware of the expert legal opinion published by the Freedom Association, stating that signing up to the European arrest warrant would render worthless and completely redundant the Government’s opposition to a European Public Prosecutor’s Office? While he is at it, will he tell us when we can have a vote on the European arrest warrant, in place of the farce and shambles we saw yesterday?
Chris Grayling
I am afraid I have not seen that legal advice because both the European Public Prosecutor and the European arrest warrant are Home Office matters rather than Justice matters. That legal advice would not naturally come to me.
Mr David Nuttall (Bury North) (Con)
Following the replies to my hon. Friends the Members for North West Leicestershire (Andrew Bridgen) and for Shipley (Philip Davies), does the Lord Chancellor agree that if the European Court of Justice interpreted the rule governing the European arrest warrant in unwelcome ways, which this House would be unable to remedy, the British people would be more likely to vote to leave the European Union in a future in/out referendum, and that they would get the chance to do so only if a Conservative Government were elected next year?
Chris Grayling
That is, of course, the salient point. Many people here are deeply concerned about the current nature of our relationship with the European Union and want to see it change. That change, of course, can come about only with a Conservative Government, because for reasons that remain inexplicable to me, the Labour party seems to believe that things are fine as they are.
Charlie Elphicke (Dover) (Con)
Talking of European matters, does the Minister share my concern that 75% of the British people consider European human rights to be a charter for criminals and the undeserving? Is it not time we reformed it to restore trust in the human rights ideal?
Chris Grayling
I very much share my hon. Friend’s view and concerns. In my view, this needs to change. Unfortunately, neither of the other two major parties in this place agrees with us. I thus hope that we will have a majority Conservative Government after the next election to deliver the change that the public want so much.