Arrests and Prison Capacity

Debate between Chris Philp and Andy Slaughter

Wednesday 22nd May 2024 Commons Chamber

[Chris Philp]

I can answer the hon. Lady’s question specifically: the early release scheme that the Lord Chancellor established expressly excludes serious violence and sexual offenders, including rapists. There is an additional safeguard, which did not exist in the previous Labour Government’s equivalent scheme: a governor’s veto of early release if they believe there is a threat to public safety.

[Andy Slaughter (Hammersmith) (Lab)]

I am glad that the Minister has brought the Lord Chancellor and the Prisons Minister with him, as they can explain how 70-day early release—Operation Early Dawn—means that criminals either will not be locked up or are being let out early. Is the truth not that he is presiding over operational failures in policing, the courts and the prison system, and is responding to them with ad hoc panic measures?

[Chris Philp]

The police are successfully reducing crime, for which I thank them. In the last calendar year—the most recent year for which figures are available—there were 30,000 more successful outcomes, which typically means a prosecution, than the previous year. The courts and prisons systems in England and Wales—as in Scotland and around the world—are under pressure, candidly speaking, largely as a result of the post-covid environment and delays that built up in the system during covid, which have not yet cleared. That is not unique to this jurisdiction. Those people released according to the criteria that I mentioned are closely supervised under licence, and subject to recall should they breach that licence.

Crime and Antisocial Behaviour: West London

Debate between Chris Philp and Andy Slaughter

Monday 3rd July 2023 Commons Chamber

[The Minister for Crime, Policing and Fire (Chris Philp)]

I congratulate the hon. Member for Brentford and Isleworth (Ruth Cadbury) on securing the debate. It is particularly well timed, given that this week is Anti-Social Behaviour Awareness Week. In fact, the launch event happened in Parliament earlier this evening, attended by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Derbyshire Dales (Miss Dines) who is the Minister with responsibility for safeguarding.

We are clearly all extremely concerned about the effect of antisocial behaviour: the effect it has on our communities and the way that it can undermine residents’ feeling of safety in their own neighbourhoods. Whether it is a high street, a local park or a playground, people should be able to feel safe on their own streets and not feel any sense of fear or menace. The hon. Lady is right to say that antisocial behaviour should not be considered a low level or minor thing, because it affects how people feel in their own neighbourhoods. For that reason, it is a very important topic, and I am glad that we have an opportunity to discuss it this evening.

The hon. Lady started by saying that she did not want to talk about figures. However, although the stories are important and we will talk about how people feel, it is also important to have a firm statistical grasp of what is actually happening. As Members will know, the only statistically approved measure of crime in England and Wales is the crime survey, endorsed by the Office for National Statistics, which says that it is the only reliable long-term measure of crime. If we look at the figures since 2010, just to take an arbitrary year, we will see that violence has reduced by 41%, criminal damage by 68% and various forms of theft by about 40%. We have, therefore, seen dramatic reductions in crime, as reported by the crime survey, over the past 13 years, but we should not be complacent, and we clearly need to do a lot more.

One thing that we have in our armoury to fight antisocial behaviour is police officers. The hon. Lady spoke passionately and eloquently about that. It is particularly welcome that we now have a record number of police officers across England and Wales—149,572, to be precise, which is about 3,000 more than we had in March 2010. There are now more than 35,000 officers in London—every Member present is a London MP—which is more officers than it has ever had at any time in its history. That is thanks to the police uplift programme that the Government funded.

[Andy Slaughter]

rose—

[Chris Philp]

I will give way to the hon. Gentleman in a moment. London could have had another 1,000 officers on top of that, funded by the Government, but unfortunately Sadiq Khan was not able to organise himself to hire them, which is a great shame. I am sure that Labour Members, including the hon. Member for Hammersmith (Andy Slaughter), will join me in calling on Sadiq Khan to get his act together and recruit those extra funded officers.

[Andy Slaughter]

I just want to give the Minister a quick reality check. If he is right that crime is massively down, why are my constituents telling me every day that there is a feeling of lawlessness on the streets that they have not experienced before? Offences include drug offences and cars being broken into and stolen. If he has replaced the 20,000 officers that the Government initially got rid of, why, as my hon. Friend the Member for Brentford and Isleworth has said, do my neighbourhood teams have only one or two officers per ward, rather than the six officers that they had before the Conservatives started running them down?

[Chris Philp]

It is not me that is telling the hon. Gentleman that crime has reduced; it is the crime survey of England and Wales, endorsed by the Office for National Statistics. What he is talking about is the perception of crime, which is very important as well. It is important that people feel safe, and that is why we need to do more, but the figures are very clear. If he doubts them, I honestly recommend that he looks at the crime survey statistics, because they actually make for quite comforting reading. The perception of crime is important and there is more to do.

The hon. Gentleman asked about the deployment of neighbourhood officers. How the record number of officers are deployed is an operational matter for the commissioner, Sir Mark Rowley, and the police and crime commissioner for London, Mayor Sadiq Khan. The hon. Gentleman’s representations would be well directed to them, but London has never in its history had a greater total number of officers. I agree that having them on neighbourhood deployment is valuable. The hon. Member for Brentford and Isleworth said that an extra 20 officers are part of a newly established town centre team. The same is true of Croydon, which also has about 20 extra officers, and that is very welcome and useful. In addition to officers, we also need bases from which they can patrol. I am sure that Labour Members will join me in calling on the Mayor of London Sadiq Khan to ditch his plan, announced in 2017, to close 37 police stations. I notice that, miraculously and for reasons that I cannot imagine, he has just decided to cancel the closure plan for Uxbridge police station. Let us hope that he cancels the closure plans for the other 36 police stations.

Let me move on to the importance of prevention. We have talked about police stations, officers and the importance of their being deployed in the neighbourhood, but prevention is important, too. The hon. Member for Brentford and Isleworth referred to the Mayor of London’s violence reduction partnership, and in the next breath she said that the Government had been bystanders. What she forgot to mention was that the so-called Mayor of London’s violence reduction partnership is entirely funded by the Government. For some reason, she omitted to mention that. I am glad to say that violence reduction units, or partnerships, have received £170 million of Government funding. They do valuable work in providing diversionary activity. The Youth Endowment Fund, which has £200 million over 10 years, identifies the best kinds of intervention and funds them, as well as cognitive behavioural therapy, which helps many young people.

We have an antisocial behaviour action plan, which was launched by the Prime Minister just a couple of months ago and is being rolled out as we speak. It has a number of elements; I will not detain the House by going through all of them at this late hour, but I will mention a couple. One is hotspot patrolling: antisocial behaviour hotspots are identified, and police officers are “surged” into those areas. Ten police force areas around the country are conducting pilots during the current financial year. I spoke to the police and crime commissioners about it today, and all the pilots will be up and running this month. From next April, every police force in the country—all 43 of the forces in England and Wales—will have hotspot policing, and there will be just over £1 million for each police force to fund the ASB patrols. That will be welcome, and will address some of the issues that the hon. Lady raised.

There will also be 10 immediate justice pilots, again funded with about £1 million for each force, and starting this month. People who take part in antisocial behaviour will very quickly—ideally within 48 hours—have to undertake restorative work such as removing graffiti or cleaning up a park or a high street, wearing branded hi-vis jackets. Once the pilots have been completed this year, every police force in the country, from next April, will have an immediate justice project, again fully funded by the Government with £1 million for each police force—about £43 million in total. We are banning nitrous oxide, which I think will also help on the antisocial behaviour front. I hope Members will agree that the antisocial behaviour action plan, of which those measures are just a small part, will help us to clamp down on ASB in our communities. The total funding for the plan is about £160 million.

In the moments remaining to us, let me commend the safer streets fund. The hon. Lady mentioned CCTV in an alleyway, which may well have ultimately been funded by the fund. London has so far received about £3.2 billion. The fund is designed to fund measures such as CCTV to help people feel safer on the streets, with particular emphasis on women’s safety but with the aim of combating ASB more widely as well. We will shortly announce the next safer streets funding round.

We take vehicle and bicycle theft very seriously—the incidence of both has fallen dramatically, and I think that bicycle theft may have fallen by as much as 65% since 2010—and we also take catalytic converter thefts very seriously. We had a spate of those in Croydon. I was told by our borough commander that a gang had been arrested a few months ago, and since then we have seen a big reduction, certainly in south London, although I am not sure whether the same is true in west London. We experienced a big drop about six months ago, when that gang was arrested. The Scrap Metal Dealers Act 2013—which began as a private Member’s Bill, taken through the House by my constituency predecessor, Sir Richard Ottaway—has helped a great deal. The Bill was originally inspired by thefts of lead from church roofs, but it is also making it harder, although sadly not impossible, to sell the rare earth metals to be found in catalytic converters. We are working on that with the National Vehicle Crime Working Group.

Coronation: Policing of Protests

Debate between Chris Philp and Andy Slaughter

Tuesday 9th May 2023 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

No one will wish the new commissioner of the Met success more than London MPs, whose constituents have suffered a catalogue of institutional harm under his predecessors, but his statement in the Evening Standard today is political somersaulting from start to finish, including justifying arrests because celebrating crowds “applauded and cheered” them. Is that not a direct result of the undue pressure put on the commissioner by a Conservative party that increasingly picks and chooses when it follows the rule of law?

[Chris Philp]

I do not accept that. I have already pointed out the operational independence of the police and I have said that briefings by the Met on the coronation were received not just by Home Office Ministers, but also by the shadow Home Secretary and the Mayor of London, all of which was completely proper.

Police Uplift Programme

Debate between Chris Philp and Andy Slaughter

Wednesday 26th April 2023 Commons Chamber

[Chris Philp]

I agree completely with my right hon. Friend. That is exactly the kind of thing those officers will do. Cleveland had a target of 239 extra officers to recruit. They beat that target and have recruited an extra 267 since 2019, and I am sure those 267 new officers will be on patrol in exactly the place my right hon. Friend would like to see them.

[Andy Slaughter (Hammersmith) (Lab)]

My constituents feel under siege from drug dealers, antisocial behaviour and online fraudsters. They will feel insulted by the Minister’s attempt to whitewash this Government’s record. Why did he destroy neighbourhood policing, and why does he ignore fraud, which represents 40% of crime but gets virtually no policing resources?

[Chris Philp]

As I have said, the Metropolitan police have record numbers; they are up to 35,411. They have never in their history had more officers. Had the Mayor of London used all the funding available, they would have about 1,000 more, so perhaps that is a question the hon. Gentleman might like to take up with Sadiq Khan.

We want to see more action on antisocial behaviour; that is a fair comment. That is why we have launched the antisocial behaviour action plan. Fraud is another important area, and an updated fraud action plan will be delivered by the Home Secretary and the Minister for Security very shortly.

Machetes: Consultation

Debate between Chris Philp and Andy Slaughter

Tuesday 18th April 2023 Commons Chamber

[Chris Philp]

Overall, total homicide has gone down slightly over the last three years—by about 7%, speaking from memory. We should welcome that reduction. One of the reasons for legislating is that we are concerned that some of the very dangerous knives are being used in knife-enabled homicide, as the hon. Gentleman describes. One of the issues with zombie knives is their double-serrated and jagged edges: if somebody is stabbed it causes serious internal injuries, which trauma surgeons and A&E consultants tell us are more likely to lead to serious injury or even death. Precisely for that reason, we are bringing forward these changes.

[Andy Slaughter (Hammersmith) (Lab)]

Is the Minister aware of the long-standing research by the University of Leicester on knife injuries, which found that carving knives are the most commonly used in stabbing incidents? A campaign was led by retired circuit judge Nic Madge, who has tried many knife offence cases. He said:

“my experience is that the vast majority of knives carried by teenage boys are ordinary kitchen knives.”

The campaign has made some practical recommendations such as only allowing the sale of large kitchen knives with rounded tips, to reduce serious injuries. Will the Minister engage with that work? What he announced today will make very little difference to the number of deaths and serious injuries on our streets, as perpetrators have other sources of knives available.

[Chris Philp]

As I said in my previous answer, the knives that we are talking about with serrated edges and jagged shapes tend to cause the worst injuries, because of the internal damage that they cause when somebody is stabbed with them. However, the hon. Gentleman makes some valid points, and I would be happy to engage with him and others to see if there are areas where we can go further.

Independent Cultural Review of London Fire Brigade

Debate between Chris Philp and Andy Slaughter

Monday 28th November 2022 Commons Chamber

[Chris Philp]

I thank the hon. Lady for her question. On confidence, the commissioner of the London Fire Brigade has committed to implementing all 23 recommendations. From memory, one of those is to introduce body-worn cameras, so I believe that is something that the London Fire Brigade intends to introduce. It is vital that the public have confidence in our firefighters, who work bravely on a daily basis to keep us safe. The public must understand, however, that they do that without any bias or prejudice, which is why it is critical to implement the recommendations.

[Andy Slaughter (Hammersmith) (Lab)]

The circumstances and findings of the report are appalling, and troubling for those of us who have worked closely with the London Fire Brigade in the aftermath of the Grenfell fire, particularly on product and building safety. Poorer and ethnic minority communities are more at risk, so what will the Government do as part of their response to Grenfell in the light of that? I am also now totally confused about where the Government are on a national inquiry. Yesterday, the Transport Secretary said that he did not want people

“setting up inquiries all over the place.”

Will the Minister confirm from the Dispatch Box that there will be a national inquiry?

[Chris Philp]

No: to be completely clear, for I think the third time, I have said that I will ask His Majesty’s inspectorate of constabulary and fire and rescue services to take a look at these issues. It obviously inspects the 44 fire and rescue services and the 43 police forces regularly. It can also—if it chooses, because it is independent of course—conduct thematic reviews on issues such as this, and I will be raising the issue with it.

Napier Barracks Asylum Accommodation

Debate between Chris Philp and Andy Slaughter

Thursday 10th June 2021 Commons Chamber

[Chris Philp]

I agree with the thrust of my hon. Friend’s point, which he makes powerfully. We have already changed our inadmissibility rules to enable the sort of thing that he is describing, and we are in discussions to help make those operational. He rightly says that people should not be entering the UK illegally and dangerously having come from a safe place where they could reasonably have claimed asylum, and that most certainly includes France.

[Andy Slaughter (Hammersmith) (Lab) [V]]

The Home Office’s treatment of asylum seekers is appalling. Will the Minister address the latest scandal: the failure to provide new prepayment Aspen cards, which has left many individuals and families without any money at all for several weeks? In my constituency, many asylum seekers are reliant on a local charity, West London Welcome, for food and necessities, because the Minister’s Department cannot or will not do its job.

[Chris Philp]

There have been some delays with the new Aspen cards, which are in the process of being rapidly resolved. However, I categorically reject the allegation that the Home Office, the Government and the UK are not doing their reasonable bit to support asylum seekers. As I have said, the cost of providing asylum support to these 60,000 people now amounts to £1 billion a year, so any suggestion that there is a lack of generosity or there is a meanness of spirit is categorically and completely untrue.

Serious Criminal Cases Backlog

Debate between Chris Philp and Andy Slaughter

Wednesday 20th January 2021 Commons Chamber

[Chris Philp]

I thank my hon. Friend, who of course has a distinguished background in this field himself, for his question. We do intend to continue rolling out the use of video and remote technology in the way that he describes. We see huge opportunities there. The Lord Chief Justice, in response to the most recent lockdown, urged trial judges and other judges to use remote hearing technology as widely as they possibly can, so this work is continuing. As I said in response to the last question, last week was a record week for remote hearings, and we expect the roll-out and the adoption of this technology to continue apace.

[Andy Slaughter (Hammersmith) (Lab) [V]]

The Minister points, as if it were an excuse, to previous backlogs of jury trials. The difference is that in 2010 and 2015, the previous peak, there were 600 to 700 trials happening a week and numbers were falling. Now he is boasting about 230 happening, despite his target back in November being 333. Does he accept that his proposals for clearing the Crown court backlog at the moment are not working and are inadequate?

Scheduled Mass Deportation: Jamaica

Debate between Chris Philp and Andy Slaughter

Monday 30th November 2020 Commons Chamber

[Chris Philp]

My hon. Friend is right to raise concerns about abuse of legal process. We find, not just in this context but across the entire immigration system, that last-minute claims are made—often immediately before removal or deportation, often 24 hours in advance—even though there has been plenty of opportunity to make such a claim previously, apparently with the express intention of frustrating the process. There is also an opportunity for people to raise repeated claims in sequence and sometimes over a period of many years in a manner that would appear to me to be potentially vexatious. That is something that the Government need to act on to sort out—my hon. Friend is right—and we do intend to legislate next year to close precisely the problematic areas to which he rightly refers.

[Andy Slaughter (Hammersmith) (Lab)]

My constituent on this flight came to the UK in 1997 aged 26. He married a British citizen in 2004 and has two children aged 21 and 18. He was in prison for two years, and had he not been he would have been able to complete the process of indefinite leave to remain. His life was under threat when he was in Jamaica. It will be under threat if he is returned there. He is on suicide watch at the moment and has an active asylum claim. He was picked up last week and due to be deported this week. Will the Minister at least agree that this is not a proportionate reaction and that this flight should be delayed at least to give the opportunity for proper legal advice to be taken?

[Chris Philp]

I have the particulars of the case in front of me. He was sentenced to four years and served two. The offences were very serious indeed. No, we certainly will not be stopping the flight, but I do know that the hon. Gentleman has written to me about this particular case and I will, of course, respond to his letter.

Sentencing (Pre-Consolidation Amendments) Bill [ Lords ]

Debate between Chris Philp and Andy Slaughter

Second reading committee & Second reading committee: House of Commons
Tuesday 17th March 2020 General Committees

[Chris Philp]

I am delighted that my hon. Friend feels that way. As we all know, he has a long and distinguished track record practising in the criminal courts, so he has direct experience of the current complexity. As he says, judges, academics, barristers and many others support the measures in the Bill before the Committee.

[Andy Slaughter (Hammersmith) (Lab)]

It is 20 years since I practised criminal law, but it was pretty confusing even then. I am glad it is was not just me who did not understand. I did not realise the scale of the problem until I read in the Library briefing that the survey conducted by the Law Commission found that sentences in 36% of its sample of cases were unlawful, so I agree that this measure is long overdue. Have the Government considered publishing what they regard as common mistakes made? If that is the level of incorrect sentencing that has been going on, there must be many more wrongly decided cases out there.

[Chris Philp]

Like my hon. Friend the Member for Witney, the hon. Member for Hammersmith has had a long and distinguished career as a practitioner of of the law, and we are always interested in what he has to say. The idea of identifying common mistakes and drawing them to the judiciary’s attention is a very good one. Perhaps my officials can work with the Judicial College and the Judicial Office to see whether a list of common errors could be compiled and circulated to the judiciary. A couple of studies have been done; the hon. Gentleman referred to one of them, another was done in 2012 looking at Court of Appeal overturns of unlawful sentences, and another by the Criminal Appeal Office in 2018. I am sure we could draw on that work to identify whether there are common themes, and if there are, the idea of drawing them to judges’ attention is an extremely good one. We will investigate the hon. Gentleman’s idea with a view to taking it further.

There are two substantive clauses in the Bill because the Bill does two things. First, clause 1 provides a “clean sweep”. It takes the existing sentencing procedures and ensures that sentences passed are in accordance with the law applicable at the time of the offence. It is not uncommon for sentencing courts to deal with offenders who committed offences several years previously, when a different sentencing regime applied. There are many examples of when this happens, and if the sentencing provisions have changed between the time of the offence and the time of sentencing, it is not immediately clear which provisions apply. As we have heard from two practitioners on this Committee, it is no wonder that barristers and judges are keen on change.

The so-called clean sweep mechanism provided in clause 1 attempts to remedy the anomaly by removing the need for the sentencing court to identify and apply historical versions of sentencing law. Instead it will apply the sentencing law prevailing at the time of sentence rather than at the time of offence. As a result, when an offender is convicted after the start of the new sentencing code, sentencing procedural law as enacted in the code will apply, regardless of when the offence was committed. However, from a common law and human rights point of view—an article 7 point of view—it is important to provide exceptions, to ensure that offenders sentenced under the sentencing code are not subject to a harsher penalty than they would have been had the sentencing law at the time of the offence applied. Although current sentencing law will apply, there is an exception if the minimum sentence or the maximum sentence has increased, to make sure that a harsher penalty is not applied. That respects an important common law principle, as well as an article 7 human right.

Oral Answers to Questions

Debate between Chris Philp and Andy Slaughter

Tuesday 8th October 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

Digitisation is designed to improve access to justice and, of course, efficiency in the court system. Last year, 150,000 people accessed court services online. To date, no fewer than 63,491 people have entered uncontested divorce proceedings online. The take-up rate is now 62% and growing. Some 94,975 people have issued or responded to civil money claims to date, and they report an 88% satisfaction rating. No fewer than 317,206 minor pleas have been entered since 2014, and if the House is wondering, 85% of those pleas were guilty and 15% were not guilty.

[Andy Slaughter]

From next April, the vast majority of personal injury claims will have to be dealt with online, without the benefit of legal advice. Even the Association of British Insurers—the major advocate and beneficiary of that policy—does not think the Government will be ready. It is urging the Government to drop the proposed increase in the small claims limit for employers and public liability and concentrate on road traffic claims. As the Government often follow the ABI’s advice, will they on this occasion?

[Chris Philp]

The House has been in the process of legislating in this area for some time. The Prisons and Courts Bill fell at the 2017 election. We finally legislated in the Civil Liability Act 2018, which is due to be implemented along with the £5,000 limit for the small claims track in April next year, and that remains the Government’s intention.

Civil Liability Bill [Lords]

Debate between Chris Philp and Andy Slaughter

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 23rd October 2018 Commons Chamber

[Chris Philp]

Of course the £10,000 small claims track limit applies to a far wider range of issues than simply whether a fridge functions or not. The hon. Lady mentions as an example the question of culpability for a road traffic accident. Given that we are talking about much less serious types of injury if the limit is, say, £5,000, determining responsibility for that road traffic accident does not need to be an enormously complicated procedure. For those of us who have been involved in such road traffic accidents, the minor ones we are talking about here, determining responsibility is not a highly complicated matter. I accept that, in much more difficult cases where very serious injuries have been suffered, one must of course take a lot more legal care and attention. For very minor injuries, however, where by definition the accident is a minor one, I suggest that determining responsibility and culpability does not need to be an extremely complicated matter.

[Andy Slaughter]

With the greatest respect, I do not think that the hon. Gentleman knows what he is talking about. Given of the relatively low levels of compensation for injury, the effects of a £5,000 injury can be quite severe and debilitating over a period of time. The complexity of personal injury cases, which involve expert evidence and issues of causation, means that they are in a different category. Even the Government accept that, so he is batting on a rather poor wicket.

--- Later in debate ---

[Chris Philp]

I give way to the hon. Member for Hammersmith (Andy Slaughter).

[Andy Slaughter]

The proportion of fraudulent claims is about 1%. If I understand the hon. Gentleman’s argument correctly, he is saying that all meritorious claimants should be debarred from proper representation so we can identify that 1%, because it is too difficult for the Government to legislate. Is not the truth of the matter that the Government, as always, are joined at the hip to the Association of British Insurers, and are simply legislating in its interests?

[Chris Philp]

I disagree with all three things that the hon. Gentleman has said. First, as I said earlier to the right hon. Member for Kingston and Surbiton (Sir Edward Davey), the Government have no intention at all of preventing legitimate claims from being made. The Government are keen to facilitate those claims, and the online claims portal will help with that. There is categorically no intention of disbarring, preventing or in any other way inhibiting legitimate claims from being made.

Secondly, the hon. Gentleman referred to the 1% fraudulent claims figure. The reason the reported figure, which in my submission is dramatically under-reported, is so low is that insurance companies are, quite wrongly, choosing to settle those claims—even suspicious claims, even claims without merit—without defending them, because the cost of defending them, which is about £10,000 or £15,000, far exceeds the value of the pay-out. So the 1% figure cited by the hon. Gentleman goes nowhere close to reflecting the true scale of fraudulent claims in this area.

Personal Injury Fraud

Debate between Chris Philp and Andy Slaughter

Wednesday 18th November 2015 Westminster Hall

[Andy Slaughter (Hammersmith) (Lab)]

I, too, congratulate the hon. Member for Lincoln (Karl MᶜCartney) on securing the debate. The subject is not totally unfamiliar; indeed, it was debated quite a lot in the last Parliament. I refreshed my memory earlier about a debate we had almost exactly two years ago—on 7 November 2013—entitled “Motor Insurance (Whiplash)”. I spoke for 30 minutes in that debate, and I refer hon. Members to that speech to spare them from having me repeat the whole of it now. Much of it is still relevant, which is sad in a way, and that might be an indictment of the Government for not having done more. Perhaps we can blame that on the coalition, which was a completely different organisation—there are no Liberal Democrats around to protest any more, so we can always blame them.

I dealt with this issue for five years, and I thought I had finally got rid of it, but my hon. Friend the Member for Kingston upon Hull East (Karl Turner), who is responsible for dealing with it, is away somewhere, so I am reprising the subject. The last time we debated it, the Under-Secretary of State for Justice, the hon. Member for North West Cambridgeshire (Mr Vara), had just taken over the brief, and now the current Minister is acquainting herself with it. It is an interesting subject, and perhaps I may say without any disrespect to the hon. Member for Lincoln that there was good and bad in what he said. I was with him for much of his speech, until at the end he drew conclusions that did not all perfectly derive from the facts at his disposal. One of the problems is that we do not always have the facts that we need on this issue.

I think we all detest cold calls, because we believe they are parasitical, and they are severely irritating. As far as I am aware, cold calls from law firms are already banned. Many of the cold calls that we receive come from call centres run outside the UK, which have become an industry in themselves. I do not think a single Member of the House, or indeed member of the public, would not want a crackdown on them, and want them to be banned and excluded. The problem is that it is difficult to do that, but I hope that the Minister will be able to say what the Government intend to do along those lines.

[Chris Philp]

Even if one cannot ban calls emanating from outside the UK, there could certainly be a ban on any UK organisation, including law firms, using information derived from such extraterritorial calls. Will the hon. Gentleman join me in calling on the Government to institute such a ban?

[Andy Slaughter]

As I have said, I believe that calls made in that way are banned. I will come on to say a bit more about law firms in a moment, but I think that would be the case for any such form of abuse.

The other area where I am entirely at one with the hon. Member for Lincoln is on referral fees. Again, the previous Government came to the issue late in the day. There were late amendments—on Report, I think—to the Bill that became the Legal Aid, Sentencing and Punishment of Offenders Act 2012, banning referral fees. We thought that that did not go far enough and would have liked them to be criminalised. I am afraid that the implementation by the Ministry of Justice was rather cack-handed and amateur for a while. That is getting better, and there has been a crackdown on claims management companies, which I welcome, as well as an extension of the ban on referral fees. Referral fees do not have any place in the British legal system. Those are the key ways of stopping such abuse.

The percentage of personal injury claims being made for whiplash has fallen, but Members are right to ask why the number of personal injury claims is increasing while the number of motor accidents is falling. One reason, undoubtedly, is greater use of advertisement, which encourages more people to claim. That does not necessarily mean that the claims are fraudulent, but it does mean that there is an industry encouraging the making of claims.

Thus far, so good, but the hon. Gentleman suddenly shoehorned into the end of his speech the conclusion that the small claims limit for personal injury should be extended to £5,000, the limitation period should be 12 months, and the quantum in such cases should be rigidly enforceable. I am afraid I cannot agree with him on that. It would be to attack a basic principle of English law—the principle of the courts’ discretion.

We already have clear Judicial Studies Board guidelines on quantum. There are reasons for the relatively short limitation period of three years. The hon. Member for Lanark and Hamilton East (Angela Crawley) mentioned that injuries are not always immediately evident. As for the old chestnut about raising the small claims limit to £5,000, I am entirely in agreement that after 16 years, if that is how long it has been, it is right to raise the limit proportionally by whatever the inflation rate has been during that time. It might mean taking the limit up to £2,000 or something of that order. Raising it to £5,000, however, would exclude 90% of all personal injury claims. For someone on a low income in particular, £5,000 is a substantial amount of money, and it is wrong for people in that situation not to have the benefit of legal advice. I see an ABI agenda there—that is what it always wants. Insurance companies are particularly keen on effectively taking lawyers out of the personal injury process, so that the relationship is between the victim and the insurer.

--- Later in debate ---

[Andy Slaughter]

I do not want to argue about statistics endlessly, given that part of my argument is that the statistics are not robust. I am sure that the hon. Gentleman looked at the briefing for the debate by the Law Society, which is of course the professional body for solicitors. There are concerns that insurers use figures about levels of fraud as it suits them.

The point that concerns me is that the remedies that insurers resort to are, in some cases, more likely to encourage fraud. The principal one is third-party capture. There is an increasing trend for insurers to contact victims directly, offer a settlement and discourage them from contacting solicitors—and, if they have contacted them, to ask for information about that. They are not entitled to that information, but rather in the manner of claims managers who, as we have heard, use bullying behaviour to try to substantiate fraudulent claims or exaggerate claims, I am afraid insurance companies increasingly approach people in the same way, to try to get a quick, early settlement without medical reporting or professional advice. That may well minimise the value of the claim—I have no doubt that that is the intention—so someone who has a genuine and possibly quite serious injury may settle for a relatively trivial sum of money. However, it may also encourage fraud, because if there is no medical report or lawyer to act as an arbiter of whether a claim is genuine, the insurer, for commercial reasons, might settle a claim that could well be fraudulent. We should be worried about the growth of third-party capture, which would undoubtedly be massively encouraged if small claims were lifted disproportionately.

I am not saying that there is not bad practice by law firms, because there certainly is. I am talking not even about dubious practice, but about sharp practice in marketing skills. However, as one would expect, the overwhelming majority of solicitors act in a proper and professional manner. They have the ability, through the askCUE system, to determine whether someone who comes to them with a claim has claimed previously, and they are encouraged to make such checks to see if that is happening.

I sound a note of caution not because I think that anything raised by the hon. Member for Lincoln is inappropriate. It is just that, as in many things, there is a balance to strike. I was glad to hear the hon. Member for Lanark and Hamilton East speak about victims. Let us not forget them in this case. Political parties often speak up for victims of crime, but victims of accidents are also victims. I would not want to throw the baby out with the bathwater and say that genuine victims of accidents should not get access to justice or be properly remunerated.

I baulk at the constant refrain about a compensation culture. Time and time again it has been shown, including by the Government’s own experts, that no such culture exists in this country. On the contrary, recent consumer surveys have shown that only 17% of people say that their default position would be to seek compensation after receiving poor treatment. I do not think it is naturally British to think that, as a consequence of poor treatment or customer service or even an injury, the first thing one would do is immediately go to claim compensation.

[Chris Philp]

The hon. Gentleman may well be correct, but the problem is that ordinary, law-abiding citizens are being harassed and incited by claims management companies to invent claims—I stand here today because I am one such person. That is why the Government need to go beyond the action they have taken already. I hope that he agrees, given that he used to practise personal injury law.

[Andy Slaughter]

I did indeed practise personal injury law, but, for the avoidance of doubt, I should say that 90% of my practice was for insurers, so I do not think I can be accused of parti pris. I can see it from both sides of the fence, and if I am talking about claimants and victims, that is just to give a bit of balance to the debate.

I entirely agree with the hon. Gentleman, and I hope that, when we hear from the Minister, we will hear what is being done specifically to crack down on those calls. I do not want to put the hon. Gentleman on the spot about whether, in his case, he was able to report to either the MOJ or the police that he was being suborned in such a way, but I hope that people do that. If there were a couple of high-profile cases, perhaps instigated by Members of Parliament, in which pestilential claims management companies and cold callers were held to account, that would be a tonic for reducing the practice substantially. If the Minister can shed any light on what the Government can do on enforcement, I will be pleased to hear that.

We must look at both sides of the argument. We have to take action based on evidence, and we have to realise that there are many vested interests. Yes, the claims management companies have interests and we must be on guard against fraud, but we must also be aware of the interests of the insurance industry, which are not always at one with those of the motorist or consumer. It does not always follow that what the industry asks for is beneficial not just to victims or potential victims, but to motorists as a whole. I hope that we can crack down on fraud and relieve the consumer of the burden of calls—I get them myself on many issues—but I also hope that, on this as on other matters, we will bear in mind that the interests of victims and those with meritorious claims for personal injury should be respected.

Affordable Housing (London)

Debate between Chris Philp and Andy Slaughter

Wednesday 9th September 2015 Westminster Hall

[Chris Philp]

Let me take the latter point made by the right hon. Member for Tottenham (Mr Lammy) before coming on to the hon. Lady’s. On affordability, supply and demand clearly drive prices. I am delighted that under the current Mayor of London we have delivered 3,000 council houses, whereas under the previous Mayor virtually none were delivered. Taken together, the number of housing association starts and local authority starts under this Government is 5% higher than under the Labour Government.

[Andy Slaughter (Hammersmith) (Lab)]

Will the hon. Gentleman give way?

[Chris Philp]

I would like to make a little progress first; I will give way in a moment. The Mayor of London, my hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), has brought forward 94,000 affordable units during his mayoralty —a considerably larger number than was brought forward by his predecessor, Mr Livingstone. We have a good track record on affordable housing, but more clearly needs to be done.

On foreigners buying property in London, there are two elements: who is buying it, and are they occupying it? On foreigners buying it, the phenomenon tends to be concentrated in prime central London places, such as Kensington and Chelsea—

--- Later in debate ---

[Chris Philp]

It is certainly not my intention to make the debate rabidly party political—I am not sure that I have been called “rabid” before, but I thank my right hon. Friend for introducing the adjective. I want this to be a non-partisan and constructive discussion about London’s housing. I hope there are things that we can agree on during the debate.

[Andy Slaughter]

Does the hon. Gentleman agree that his Government’s policies to force the sale of high-value council homes in London and to restrict or cut the rents without compensating councils, which is completely decimating council building programmes, are not helpful in providing more affordable housing?

[Chris Philp]

I am sure that the Minister will comment later, but the sale of valuable houses might provide councils with the opportunity to use the proceeds to build two or three new social housing units. For example, I used to be a councillor in Camden and some of its housing stock, such as some units in Bloomsbury, was worth well in excess of £1 million—one of those units was occupied by the hon. Gentleman’s former colleague, Mr Dobson. Were such a unit to be sold, we could have built two or three council or social housing units elsewhere in Camden or London. There is some merit in that.

On the rent reductions, making housing more affordable clearly means making rents cheaper, which will help housing association and council tenants to pay lower rents. There are opportunities to force efficiency savings in those organisations. Most branches of government—local authorities, the police, every Department—have made savings over the past four or five years, quite rightly, and it is fair to ask other organisations to make savings and pass those on to their tenants.

[Andy Slaughter]

The hon. Gentleman should have read his brief a little more carefully. In places such as Camden, it will often not be possible to find the land on which to build to replace those houses that are sold. If it can be found, under his Government’s rules, it is likely that the newly built homes will also have to be sold. The fact is that councils in London have tried hard to have house building programmes. The effect of the rent cut may be good in itself, but unless Government money is supplied to compensate for it, there will be no council housing building programme for London. He needs to address those points if we are to take him seriously.

--- Later in debate ---

[Chris Philp]

No. I am simply saying that where there are very high-value council properties, it makes sense to sell them and free up money to build more properties. Ideally, those would be in the same borough, but if there is a lack of land—I am not sure that Hackney has a particular lack of land; that is more a problem for the inner London boroughs, such as Camden, Westminster and RBKC—and it is impossible to find new land in the borough, we should look a little more widely. That seems to be common sense. If we can sell one unit and build three, that seems to be a trade-off well worth—

[Andy Slaughter]

Will the hon. Gentleman give way?

[Chris Philp]

I will make a little progress. I have been unusually generous.

The Mayor of London has made progress during the seven years of his mayoralty. He has brought forward 94,000 affordable houses since 2008, which—to respond to the point made by the right hon. Member for Tottenham—is extremely welcome. The 20 housing zones established jointly between the Government and the Mayor of London, with £400 million of investment, are also extremely welcome. In those zones the local authority, the Mayor and the Department for Communities and Local Government get together to put in place the planning, infrastructure and support required to deliver large-scale housing. Those zones will help, and the £200 million London housing bank will help as well.

There are also specific projects that I am sure we are all keen to encourage. For example, the Mayoral Development Corporation is bringing forward 24,000 units on derelict industrial land at Old Oak Common in Ealing. We need to see far more schemes—

[Andy Slaughter]

Will the hon. Gentleman give way on that point?

[Chris Philp]

Is it partly in Hammersmith? [Interruption.] The fact that it goes over three London boroughs shows that we need MDCs to step in and make things happen when large numbers of public bodies are involved. In my own borough, the Croydon growth zone is important; it will, I hope, bring forward 4,000 houses. The Brent Cross regeneration project is another important scheme. Those specific projects, in which the Government, the Mayor of London and the boroughs focus together on bringing forward large numbers of houses in a particular area, are very effective. I strongly encourage the Mayor and the Minister to do even more in that way.

I also commend the Greater London Authority for its programme of disposing of its public land for housing. Over the last couple of years, the GLA has disposed of 98% of the land that it owns—that excludes Transport for London, by the way—for public housing. That includes the site of the old Cane Hill hospital in my constituency—which is directly overlooked by my house—where Barratt Homes is currently building 650 houses. That is an example that other public bodies should follow.

In that vein, I welcome the London Land Commission, which met for the first time on 15 July. Its duty is to catalogue surplus public sector land that can be brought forward for housing. TfL has 6,000 acres that could be used across 600 sites; the NHS has 1,000 acres, 15% of which is potentially surplus to requirements. There is a huge amount that can be done by bringing forward public sector land for house building.

I also strongly support the idea of using local development orders to effectively grant outline planning consent on suitable brownfield land, even if the landowner has not applied for consent. The target is to get LDOs for 90% of brownfield sites by 2020. That is a really important initiative. One housing association estimates that there are 8,000 acres of developable brownfield land in our city. It is a matter of absolute urgency that we develop that land as quickly as possible, partly to create new housing and partly to take pressure off the green belt, which it is essential to protect.

I am conscious that other Members wish to speak. In closing, I will briefly put eight specific proposals to the Minister. The first is to consider extending the office-to-residential conversion scheme that has been in operation for the last two or three years, in areas where there is no pressure on office supply. Certainly some clarification is needed about the definition of change of use. At the moment, the change of use has to have occurred by May 2016, but there is a little ambiguity about what the change of use actually is, so some clarification would help developers and investors.

Secondly—this is more a matter for the Treasury than DCLG—the regime for buy-to-let mortgages is currently a bit softer than the mortgage regime for owner-occupiers. For example, most owner-occupier mortgages are repayment, whereas most buy-to-let landlords get interest-only mortgages. In my view, that means that buy-to-let landlords are unfairly advantaged relative to potential owner-occupiers. The Bank of England and the Treasury should look at that, to create a level playing field so that owner-occupiers can purchase on an equal footing to buy-to-let landlords. That would encourage home ownership.

Thirdly, local authority planning departments are often a serious bottleneck, leading to the missing of statutory deadlines for granting planning consent. I suggest that we should consider allowing higher planning fees to be charged in exchange for a guaranteed service level. Planning fees are quite low, and I am sure that many developers—particularly larger ones with big schemes—would happily pay a great deal more money to get a quick, clear decision. That would bring planning consents forward more quickly and get us building.