Oral Answers to Questions

Lord Grayling Excerpts

Tuesday 16th December 2014 Commons Chamber

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

10. What steps he is taking to reduce reoffending.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Despite investment, reoffending rates remain stubbornly high. We are fundamentally reforming rehabilitation services by opening up the market to new providers and incentivising them to focus relentlessly on reducing reoffending. For the first time in recent history virtually every offender released from custody will receive statutory supervision and rehabilitation and mentoring in the community. We remain on track to deliver these key reforms early in the new year.

[Martin Vickers]

I thank my right hon. Friend for his reply. Notwithstanding the fact that I hope he would agree with my constituents that there are cases where offenders should remain in prison for considerably longer, what assessments has he made of the effect of extending supervision to the group of offenders who leave prison having served less than 12 months?

[Chris Grayling]

As was said earlier, this is the key part of the reform we are pushing through. There was a group of people who were literally left to walk the streets with £46 in their pockets, and not surprisingly the majority of them reoffended very quickly. From 2015 all those people will receive a 12-month period of mentoring, support and supervision after prison to try to turn their lives around, and we know from trials in different parts of the country that this can make a real difference to the level of reoffending.

[Bridget Phillipson]

Probation works best when the service has close relationships with prisons, councils and others, but under the Justice Secretary’s reforms is there not the real risk that police intelligence will not be shared with the new companies? Not only will that put at risk the tackling of reoffending, but it also runs the risk of jeopardising public safety.

[Chris Grayling]

The reason that that is simply not true is that, under the last Labour Government, we had examples of police control rooms being contracted out to private organisations. If the police are happy to share control room data with private organisations, there is no earthly reason to believe that they will not work together with providers of all backgrounds on the rehabilitation of offenders.

[Mr Christopher Chope (Christchurch) (Con)]

One in seven offences are committed by foreigners, and many of those foreigners are ex-convicts from foreign countries. What is my right hon. Friend doing to ensure that only people with good records can come into our country?

[Chris Grayling]

Of course, this is predominantly a matter for the Home Office, but I can say that we are working closely with the Home Office. I stand second to no one in desiring to see foreign national offenders moved out of this country. I hope very much that the European prisoner transfer agreement, as it comes on stream and is completed by 2016, will make a real difference to ensuring that offenders in prisons in this country are able to be returned to their home country as quickly as possible.

[Sarah Champion (Rotherham) (Lab)]

23. Given the amount of upheaval in probation caused by the Government’s reckless privatisation, I echo colleagues in saying that we need a strong, independent chief inspector in order to reduce reoffending by ex-prisoners. How can the current postholder possibly fulfil his duties, given his links to winning bidders? Why did the Justice Secretary appoint him, given that these links were known to him at the time?

[Chris Grayling]

Let us be clear: I regard the current chief inspector as a man of great integrity and great skill, who has been doing a very good job for the past few months. He was selected on merit by my Department and his appointment was approved by the Justice Committee. The fact that an issue has now arisen with the very recent appointment of a member of his family to a senior position in one of the providers clearly has to be addressed. It will be addressed sensitively and I will report to the House when it is appropriate to do so.

[Mr Philip Hollobone (Kettering) (Con)]

In order to prevent foreign national offenders from committing further crimes in this country, what steps are being taken together with the Home Office to ban them from returning to the United Kingdom once they are repatriated?

[Chris Grayling]

The deportation process should mean that these people are not entitled to re-enter the UK. Of course, the increased sharing of data between European police forces is one way of ensuring that we know who they are before they try to enter the country and that they do not return. My hon. Friend and I share the same ambition of ensuring that people who have committed terrible crimes in other countries simply cannot come to live here.

[Jenny Chapman (Darlington) (Lab)]

The Lord Chancellor is correct in describing the chief inspector of probation as a man of great integrity, because his report yesterday contradicts somewhat the description of the Transforming Rehabilitation programme that the Lord Chancellor has just provided us with, even though the chief inspector’s wife runs half the service now. The chief inspector said that splitting the probation service in two has caused problems with process, communication and information sharing—I am not being funny, but some of us have been saying that for quite some time. Is it not now about time the Lord Chancellor woke up to the reality of his risky, shambolic privatisation?

[Chris Grayling]

I do wish the hon. Lady would get her facts right. She just said that the chief inspector’s wife is running half the service at the moment, but of course that is not true. The service remains, as of today, entirely within the public sector, and she might get her basic facts right. Had she read that report, she would have seen that the chief inspector identified a number of long-term systemic problems that predate any change we have put in place and were ensuring underperformance. He said that it was necessary to move to a steady state—in other words, to complete the reforms and get things bedded in for the long term—as quickly as possible.

[Mr William Bain (Glasgow North East) (Lab)]

7. What his policy is on the constitutional role of judicial review.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Judicial review plays a crucial constitutional role as an essential component of the rule of law. When used properly, it allows public authorities to be held to account. But it can be misused, with unmeritorious challenges brought simply to cause delay. The Government’s package of reform, in particular the clauses in the Criminal Justice and Courts Bill, will limit the potential for abuse without undermining judicial review’s vital role.

[Mr Bain]

I am grateful for that, but the Secretary of State’s proposals to reform judicial review have been condemned by, among others, the senior judiciary, leading civil liberties organisations and charities, and they have now been forcefully rejected by wide cross-party majorities twice in the other place. Will he now admit defeat, see sense and withdraw these unnecessary proposals?

[Chris Grayling]

Let me refer the hon. Gentleman to a wise comment about judicial review:

“Removing the constant use of judicial review, which frankly has become a lawyers' charter, will not remove the basic freedom to apply due process of law.”

“Oh dear!”, says the new shadow Solicitor-General. That quote came from the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), the former Labour Home Secretary. The reality is that we are pushing forward a sensible package of reforms, most of which have been approved in the other place. There are only two items left to be passed through.

[Dr Julian Huppert (Cambridge) (LD)]

There is clearly a balance to strike between trivial judicial reviews and defending the rule of law. Does the Secretary of State agree that the Pannick amendment, 102B, helps to strike a good balance between those two? Will he think carefully about whether he can recommend that we agree with the compromise suggested by that amendment?

[Chris Grayling]

I am giving careful consideration to that matter in the wake of the Lords debate. In the new year, I intend to return to the House with further thoughts on how we take matters forward. As my hon. Friend will understand, I will not set out those plans until I have carefully considered with my colleagues what we are going to do.

[Mr Andy Slaughter (Hammersmith) (Lab)]

How does the Secretary of State intend to respond to what the Daily Mail calls his latest humiliation yesterday at the hands of the Master of the Rolls and the Court of Appeal? Having lost seven judicial reviews, does he now think it is time that he as Lord Chancellor stops acting unlawfully? In January, he will have a third chance to abandon his attempt at muzzling judicial review following two defeats in the other place. But will he tell us now—he does not need to wait until then—whether he intends to protect the rule of law or carry on getting confused by his own legislation and behaving like some tin-pot dictator?

[Chris Grayling]

May I start by extending my commiserations to the hon. Gentleman? It was widely expected on the Government Benches that he would become the shadow Attorney-General. He did not manage that, and we all express our disappointment about that and extend our commiserations to him. By retaining him on the shadow Front Bench, we will continue to enjoy in these sessions on a monthly basis the usual load of nonsense that he so often comes up with.

[Andrew Bridgen (North West Leicestershire) (Con)]

Recent figures show that the number of judicial review applications lodged between 2000 and 2013 increased threefold, and many of them related to immigration and asylum cases. Does the Secretary of State agree that the Government have a responsibility to ensure that the judicial review process is used appropriately?

[Chris Grayling]

I absolutely do. Interestingly, the hon. Member for Hammersmith (Mr Slaughter) talks about the views of the judiciary, but it was one of the immigration judges who said, 18 months ago, that judicial review was being abused for those cases. Opposition Members must understand that they themselves in Government said that the system needed to change. We are changing it in a measured and sensible way that will make a difference without compromising its principles. That is the right way to approach this matter.

[Robert Flello (Stoke-on-Trent South) (Lab)]

8. What steps his Department is taking to improve value for money from its private sector contracts.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

A contract management improvement programme has been running at the Ministry of Justice since early 2014 in order to implement and embed best practices in contract management. As part of that programme, we have established new governance committees, strengthened our assurance of major contracts, clarified roles and responsibilities and improved the skills of our people. We have also renegotiated or retendered a number of our significant contracts to improve value for money from our private sector contractors.

[Robert Flello]

Does the Secretary of State really think that guaranteeing a decade of profits to private companies as compensation when a probation contract is cancelled represents value for money? It is unprecedented and a scandal. What will he do to reverse that typical Tory rip-off?

[Chris Grayling]

It is so unprecedented as a typical Tory rip-off that it is a very similar approach to the one taken by the Labour party when it set up the flexible new deal. Sometimes its hypocrisy is breathtaking.

[Sir Tony Baldry (Banbury) (Con)]

For public accounting purposes, many of the charities and new social enterprises that are coming into being to help with managing ex-offenders will be considered to be private contractors. Will my right hon. Friend explain to the House how he will measure the performance of these charities and social enterprises so that we can demonstrate that it is possible to have payment by results and to get better support for ex-offenders?

[Chris Grayling]

The mechanism for monitoring the performance of all our providers in the private, voluntary and social sectors is very simple: are they successful in bringing down reoffending? This is not a payment by results programme as ambitious as the Work programme because we have to fulfil the orders of the court over which there is no discretion. But they still represent good value for the taxpayer as they ensure that we pay when we get results. That is the way that Government should operate.

[Dan Jarvis (Barnsley Central) (Lab)]

If the Government want to improve value for money, they should start by scrapping the £85 million contract for a secure college, which is a flawed proposal that has twice been rejected by the other place. Given the universal opposition, how close we are to the general election and the fact that the project is facing difficulties obtaining planning permission, will the Secretary of State agree that the contract should not be signed before 7 May so that we can avoid saddling the taxpayer with a huge bill for this untried, untested and unworkable project?

[Chris Grayling]

I am baffled by the attitude of the Labour party. The secure college will take troubled 16-year-olds out of prisons with iron bars and put them into a modern, supportive environment that is focused on education. My view is that we are much more likely to turn a troubled 16-year-old into an untroubled 16-year-old in a nurturing and supportive environment than we are by leaving them behind iron bars. I am astonished that the Labour party does not understand that.

[Mr David Ward (Bradford East) (LD)]

11. What steps his Department is taking to improve the regulation of claims management companies.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

May I start by sending, on behalf of the whole House, the condolences of this Parliament to the people of Pakistan after this morning’s terrible terrorist attack?

I would like to inform the House about the continuing work that we are doing to help victims of rape and sexual violence. I can announce that we have established a fund which, for the very first time, has been created specifically to help male victims of sexual crimes. We have dedicated more than £1 million to provide services to support those male victims, including funding for face-to-face centres as well as creating a national website and online support service. Approximately 75,000 men are victims of sexual assault or attempted assault each year, while 9,000 men are victims of rape or attempted rape, yet fewer than 3,000 offences of male rape or sexual assault were recorded in 2013-14. We want to change this. We hope to encourage male victims to break the silence on a topic still seen as taboo by giving them access to crucial information and emotional support, either in person or online if they find that way more accessible. This Government will continue to put supporting victims of serious and sexual crime at the forefront of their plans.

[Kerry McCarthy]

I spent this morning at Kids Company helping to wrap some of the 20,000 Christmas presents that it will be giving out to children this year. I was told that 80% of the kids who go to Kids Company are involved in some way in criminal activity, but very few of those who spend time there go on to continue that activity. Will the Minister acknowledge that that sort of intervention is far more successful than putting kids in youth custody centres, and so we should be supporting it?

[Chris Grayling]

I think we would all pay tribute to the work done by Kids Company. I have been to see its work as well. Like many similar charities around the country, it makes an enormous difference to the support provided for people in the most difficult circumstances. The work that it is doing combines with the work done in our troubled families programme and with the work done in our schools to try to help those who start school behind to catch up before they go on to secondary school. Those are all important parts of the jigsaw puzzle of dealing with the real need to use early intervention to keep people out of the criminal justice system where we can possibly do so.

[Martin Vickers (Cleethorpes) (Con)]

T3. A development that has the potential to create 4,000 jobs in my constituency is being further delayed by judicial review, despite its being approved at local, ministerial and parliamentary level. Does my right hon. Friend agree that the use of judicial review in such circumstances should be curtailed?

[Chris Grayling]

That is precisely what we are trying to stop. My hon. Friend makes the valid point that those opposed to essential developments in our country are able to use judicial review, on technicalities, to try to prevent them from going ahead or to delay them. It does nobody any favours that that can happen. It uses up huge amounts of taxpayers’ money, it wastes the time of essential projects and project teams, and it must change.

[Sadiq Khan (Tooting) (Lab)]

I find the Justice Secretary’s answer interesting, because there is a widely held view that one of the reasons why this Justice Secretary is so hostile to judicial review is that it means the unlawful decisions he makes can be challenged in court. In the past few days, he has been held to have acted unlawfully in relation to his decision to ban the sending of books to prisoners. Does the Justice Secretary accept the decision of the court and, very simply, will he now acknowledge that it was a stupid policy and that he acted unlawfully?

[Chris Grayling]

Let us be absolutely clear: I took no decision to ban the sending of books to prisoners. I simply unified across the whole of the prison estate the rule that existed under the previous Government, in almost all of our prisons, not to allow parcels to be sent into prisons. Once again, we hear the hypocrisy of the Opposition.

[Sadiq Khan]

The right hon. Gentleman briefs his Back Benchers and the right-wing media that he is banning books, but when he has been found to have acted unlawfully he says something very different in the Chamber of the House of Commons.

We know this Justice Secretary is obsessed with repealing the Human Rights Act 1998, walking away from the European Court of Human Rights, making it very difficult to bring a claim for judicial review, and making access to justice almost impossible for people with limited means by ill-thought-through deep cuts to legal aid. When the highly respected, legally qualified and knowledgeable former Attorney-General, the right hon. and learned Member for Beaconsfield (Mr Grieve), talks about politicians who risk “eroding” Britain’s legal framework for the sake of populism and short-term political gain, who does the Justice Secretary think the former Attorney-General is referring to? Why does he think that a highly respected and knowledgeable colleague has views so different from his own?

[Chris Grayling]

What I know is that I am pushing forward the policies that the public want. The fact that the right hon. Gentleman is opposed to them might explain the fact that his party’s ratings have been sliding persistently in the polls over the past two years.

--- Later in debate ---

[Nick Smith (Blaenau Gwent) (Lab)]

T7. Will the Secretary of State update the House on how many Members of Parliament have had their telephone calls with prisoners recorded, and have all those MPs been informed?

[Chris Grayling]

I can confirm that all MPs who have had their calls listened to have indeed been informed. I can also inform the hon. Gentleman that I have now received an interim report from the chief inspector, which is being made available to Members of Parliament through the Library. The chief inspector’s interim findings are that there is no systemic problem and that the situation has improved substantially since 2012, but he recommends a number of other things we can do to improve the situation still further.

[Andrew George (St Ives) (LD)]

T4. What progress are the Government making on the introduction of a women’s justice board? The important question asked earlier by hon. Member for Livingston (Graeme Morrice) emphasised the need to address such issues.

--- Later in debate ---

[Mr Graham Allen (Nottingham North) (Lab)]

Does the Secretary of State agree that sex crimes against children are among the worst crimes on the statute book? Does he also agree that it is time that we had a national institute to look at the prevention of crimes of that nature against children and to help perpetrators—a “what works” foundation of the sort that he kindly supported on early intervention and policing?

[Chris Grayling]

First, the hon. Gentleman has a track record of addressing these issues to compare with anyone in the House. I commend him for the work that he has done. I share his view on sex crimes against children. That is one reason why the Criminal Justice and Courts Bill contains a provision to end automatic early release for those who commit such horrendous crimes. He has expressed an interesting thought today. We cannot have too long a conversation about it across the Dispatch Box, but my colleagues and I would be happy to hear his views.

[Philip Davies (Shipley) (Con)]

T8. The Minister is aware of my request that the former Keighley magistrates court in Bingley be sold off as soon as possible. The failure to do so is wasting taxpayers’ money and preventing an important town centre building in Bingley from being regenerated and brought into use. There seems to have been a lot of faffing about between the Ministry of Justice and West Yorkshire police. I urge the Minister to get on with it and get the building up for sale to allow this regeneration to take place in Bingley and to save the taxpayer some money.

--- Later in debate ---

[Karl Turner (Kingston upon Hull East) (Lab)]

In his drive to make savings in his Department, does the Secretary of State think it is time to start listening to legal advice that would save his Department an awful lot of money in lost cases in judicial review proceedings?

[Chris Grayling]

The hon. Gentleman talks about saving money, but I have waited in vain to hear how Labour would address the spending challenge. Last week, Labour Members said that they would deliver a spending reduction in this and other Departments year on year, but as of today we have no idea how they would do it.

[Jackie Doyle-Price (Thurrock) (Con)]

My right hon. Friend recently visited Purfleet in my constituency where he saw the mile long fly tip that has been left following an unauthorised Traveller encampment. Does he agree it is important that the police and local authorities use the powers at their disposal so that public confidence in our justice system is maintained?

[Chris Grayling]

The scale of what happened in my hon. Friend’s constituency is shocking and the local police, local authority, and police and crime commissioner must learn the lessons to ensure that such a thing cannot happen again. If powers need to be taken at national level to help in that battle, the Government will certainly consider how we can contribute.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Two women a week die at the hands of their partner or ex-partner. Let me press the Minister on his earlier remarks. Is it acceptable that 40% of domestic violence victims cannot get access to legal aid?

[Chris Grayling]

I simply reiterate that we have tried to drive through the necessary change to meet a financial challenge in the most sensitive way possible. The changes that the hon. Lady describes in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 were considered in detail in this House and the other place. Time again I hear from the Opposition Benches that Labour would do things differently, but although Labour Members have said that they will match our spending plans, they have yet to give any sense of what they would do to save money elsewhere.

[Mr Philip Hollobone (Kettering) (Con)]

How many foreign national offenders are in our prisons, and what steps are being taken to return them to secure detention in their own countries?