Arrests and Prison Capacity

Debate between Chris Philp and Baroness Winterton of Doncaster

Wednesday 22nd May 2024 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab)]

On a point of order, Madam Deputy Speaker, I wonder if you could help me to get some answers. The Minister said during the urgent question that certain criminals who are a risk to the public would not be released, unlike Charlie Taylor, the inspector of prisons, who said that high-risk prisoners are being released under the scheme.

I have heard of a case where it took the court 29 months to hold a sentencing hearing on actual bodily harm against two different people as part of a domestic abuse situation. The prisoner was sentenced to four years, and was deemed to be such a risk because of previous sexual violence convictions that he was put on remand. On the day of the sentencing hearing, he was released immediately because he had been identified as suitable for early release. Yet the Minister told me today that no one with a history of sexual offending, who was a risk to the public or who had committed domestic abuse would be released. That is just one of many cases. I wonder whether the Prime Minister or the Minister has misled the House. Could you advise me how I could take that up?

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Lady for her point of order. I am sure she meant to say that she was indicating that any misleading of the House would be inadvertent. I am not responsible, obviously, for responses from Ministers, but the Minister, who is still here, will have heard her comments, as will have those on the Treasury Bench. Does the Minister wish to speak further to that point of order?

[Chris Philp]

Further to that point of order, Madam Deputy Speaker. The hon. Lady raises an individual case and I am sure the Lord Chancellor would be happy to look at an individual case for her. She mentioned someone released on sentencing. Of course, the court or the probation service will look at time served on remand already, so a prisoner may have been on remand for quite a long time at the point that they come to a sentencing hearing.

To repeat the more general rules, which are Ministry of Justice policy: the release under licence up to 70 days prior to the ordinary release point does not apply to any prisoner serving a sentence of more than four years; it does not apply to any prisoner serving a sentence for serious sexual or violent offences; and the prison governor can veto the release of a prisoner considered to be a danger. Those are the safeguards, but if the hon. Lady wants to debate the matter in more detail, I am sure my colleague the Lord Chancellor would be very happy to do that.

[Madam Deputy Speaker]

I thank the Minister for stating his position. I suggest that perhaps the offer of a further discussion with the Lord Chancellor would be appropriate. I am sure the hon. Lady will come back after that if she feels there are further points she wishes to make. She is very experienced in knowing how to make her views known in the House, so I am sure that that is probably the best way forward for now.

Antisemitism in the UK

Debate between Chris Philp and Baroness Winterton of Doncaster

Monday 19th February 2024 Commons Chamber

[Chris Philp]

I thank my right hon. and learned Friend for his question. Ministers are very clear that where behaviour on marches crosses the criminal threshold—inciting racial hatred, causing fear of harassment, alarm and distress, terrorism offences or glorifying proscribed organisations—we expect the police to take robust action and to make arrests. They have made about 600 arrests so far. In fact, some brave police officers were injured in the course of trying to make an arrest in London on Saturday.

I echo and strongly endorse my right hon. and learned Friend’s point about Members of Parliament. No Member of Parliament, as a democratically elected representative of the people, should be subject to harassment or intimidation. As he said, some Labour MPs have been, which is completely unacceptable. We have seen the incident at the office of my hon. Friend the Member for Finchley and Golders Green (Mike Freer), which was completely unacceptable—in that case, I believe arrests have been made. And, of course, my right hon. Friend the Member for Bournemouth East (Mr Ellwood) suffered a terrible incident at his home address just a few days ago. All that is unacceptable and illegal, and I expect the police not only to protect MPs, but to identify and arrest the culprits afterwards.

In relation to the judge, the judiciary is of course independent. Matters of judicial conduct are subject to investigation by the Judicial Conduct Investigations Office. From the account of the incident that I have heard, and which my right hon. and learned Friend gave, that is the kind of thing that I would expect the JCIO to investigate.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

As the Minister knows, the Home Affairs Committee has been carrying out an inquiry into the policing of protests. We have been particularly appalled to hear evidence of the huge increase in incidents of antisemitism perpetrated in the wake of the 7 October terrorist attacks. The CST has recorded that 43% of antisemitism incidents last year explicitly referenced the Israel-Palestine 7 October attacks and the conflict in Gaza. Attacks on Jewish and Muslim communities here in Britain in response to overseas conflicts are never acceptable. What more can be done to stop the exploitation of such overseas conflicts and the effect that it has on community cohesion in this country?

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[Chris Philp]

I am pleased to report to the House that arrests have been made in relation to the appalling attack on the office of my hon. Friend the Member for Finchley and Golders Green, and I understand that the perpetrators are currently on remand in prison. It is a tragedy that someone with his exemplary track record of public service feels that he is unable to stand for Parliament again, partly as a result of the intimidation that he has suffered, particularly the arson attack on his office. As I am sure Members from across the House will acknowledge, he has been a fearless advocate on behalf of his many Jewish constituents. It is a loss to them and to Parliament that he will not contest the next election. It is incumbent on us all to ensure that no other Members end up feeling that way. I do not want—I am sure that none of us does—to live in a country where democratically elected representatives feel any form of fear or intimidation. That is not how democracy works. In this country, we settle matters at the ballot box, not through intimidation tactics or violence on the streets. That is a principle that each and every one of us must defend to our last breath.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I do apologise; I called two Members from the Government Benches, so I will now call two from the Opposition Benches.

[Dame Margaret Hodge (Barking) (Lab)]

I welcome the strong statements made by the Minister and the shadow Home Secretary. I hope that, in tackling the deep-seated antisemitism to which the hon. Member for Brigg and Goole (Andrew Percy) referred, we can work in a united way across the House, and not seek to make cheap political points on any individual cases.

We have had attacks on Jews in theatres in London; we have had attacks on Jews in campuses, particularly in Leeds and Birmingham, as other hon. Members have said; and, as the right hon. and learned Member for Northampton North (Sir Michael Ellis) said, a judge has failed to penalise three people for glorifying terrorism in London. People in all sorts of sectors, locations and areas across our country are worried that antisemitism is spreading. The Government’s response needs to be co-ordinated. When will a new hate crime action plan be published? The last one, despite consultation in the interim, was published five years ago.

Dangerous Drugs

Debate between Chris Philp and Baroness Winterton of Doncaster

Tuesday 12th September 2023 Commons Chamber

[Chris Philp]

I have referred to the ACMD advice before, and the ACMD did note the anecdotal reports of severe paralysis caused by excessive nitrous oxide consumption to which I have referred already. On this occasion—rarely, but not uniquely, disagreeing with ACMD advice—the Government, as we are entitled to do, took a broader view. We thought about the association with antisocial behaviour and about the fact that among 16 to 24-year-olds nitrous oxide is the third most used harmful substance, and that is why we took the step we did. Of course, I acknowledge that, as my hon. Friend said, alcohol can have an adverse effect as well, but we feel that in this particular case the misuse of nitrous oxide merits action. Many Members have raised concerns about the effect it has had in their communities, and we are responding at least in part to the concerns that Members have raised.

Nitrous oxide is currently regulated under the Psychoactive Substances Act 2016. It is not, of course, currently an offence to possess nitrous oxide; it is only an offence under the PSA to knowingly or recklessly sell it for personal consumption. So by controlling nitrous oxide as a class C drug under the Misuse of Drugs Act, it will not just be an offence to recklessly or intentionally sell this substance for personal consumption, but be an offence to possess it except for the legitimate use exemptions I mentioned earlier. As I said in response to my hon. Friend’s earlier intervention, we will be bringing through a further SI to set out the definition of those legitimate uses. As I said a moment or two ago, those will be extremely wide-ranging to make sure we do not inadvertently stymie legitimate commercial, medical or research use.

In summary, it is clear that drug misuse ruins lives. In the case of nitrous oxide, it also contributes significantly to antisocial behaviour. The Government have listened to the public and to parliamentarians who have been speaking for their constituents, and that is why we are taking this action.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

Points of Order

Debate between Chris Philp and Baroness Winterton of Doncaster

Monday 22nd May 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am grateful to the hon. Gentleman for giving me notice of his point of order.

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

rose—

[Madam Deputy Speaker]

The Minister is here and I believe that he would like to respond, so I suggest we ask him to make a brief response.

[Chris Philp]

Further to that point of order, Madam Deputy Speaker. Very briefly, I regret that I was not in Parliament at the time of the debate. I did give my hon. Friend the Member for Reigate (Crispin Blunt) advance notice of that. I was at the defence establishment in Porton Down at the time. As often happens, another Home Office Minister, the Minister for Immigration—a very capable Home Office Minister—replied. I have previously met one to one with the hon. Member for Warrington North (Charlotte Nichols) to discuss this in detail, and I replied to an Adjournment debate just a few weeks ago. As I said at the time, I have, subsequent to the debate and the meeting, asked the Advisory Council on the Misuse of Drugs to accelerate its work on removing barriers to research for all schedule 1 drugs, including psilocybin. So I take this opportunity to assure my hon. Friend that I have asked for that work to be accelerated, and the calls that he and other Members have made have been heard.

Coronation: Policing of Protests

Debate between Chris Philp and Baroness Winterton of Doncaster

Tuesday 9th May 2023 Commons Chamber

[Chris Philp]

Yes, I would like to join the hon. Gentleman in thanking the police, the armed forces personnel and the civilians involved in laying on the coronation for a successful and, ultimately, peaceful event, despite the plots that were uncovered in advance. I also thank the police for ensuring that those protests were able to take place. It is an event that, overall, this country can be proud of. I am sure all of us want to wish King Charles III well at the beginning of his reign and say, “God save the King.”

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

Machetes: Consultation

Debate between Chris Philp and Baroness Winterton of Doncaster

Tuesday 18th April 2023 Commons Chamber

[Chris Philp]

My right hon. Friend makes a very good point and is right to remind the House of our much-loved former colleague Sir David’s tragic death at the hands of a knife-wielding attacker. He asks two questions. First, yes, I can confirm that zombie knives that do not have any writing on them will be covered by the proposals. Sub-paragraph (iii) in section 47(2) of the Offensive Weapons Act 2019 has a requirement that there are threatening words on the blade, and we have reached the conclusion that that is unduly restrictive. It is not something that anyone, including the Opposition, complained about at the time the Bill passed, but on further reflection and following input from colleagues, such as my hon. Friend the Member for Southend West, we think that that change needs to be made, and I can confirm that it will be.

In relation to my right hon. Friend’s question, and the shadow Minister’s question, about sales online, people directly selling online prohibited items is obviously just straight-up illegal. In relation to selling on marketplaces, following discussions with colleagues in the new Department for Science, Innovation and Technology, I have been assured that the Online Safety Bill will cover online marketplaces when it comes to selling items like this, so with the passage of the Online Safety Bill, the kind of provisions he is asking for will apply.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

Plymouth Shootings

Debate between Chris Philp and Baroness Winterton of Doncaster

Tuesday 21st February 2023 Commons Chamber

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

With permission, Madam Deputy Speaker, I will make a statement about the shootings in Plymouth in August 2021.

On 12 August 2021 in Keyham, Plymouth, Jake Davison shot and killed five people, wounded two others and took his own life. The deceased victims were the perpetrator’s mother, Maxine Davison, 51; three-year-old Sophie Martyn and her father Lee Martyn, 43; Stephen Washington, 59; and Kate Shepherd, 66. This was a truly horrific incident and a tragic loss of life.

The jury to the inquest into those deaths returned their findings of unlawful killings yesterday afternoon. Our thoughts and prayers go out once again to the families and friends of the victims, and to the whole community in Keyham. I pay particular tribute to the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) for his tireless campaigning since the tragedy on behalf of the Keyham community and the families.

It is anticipated that the coroner will shortly issue a prevention of future deaths report in which further recommendations are likely to be made. If, as expected, the Home Office receives such a report, we will substantively respond to it—as well as to the recommendations made by the Independent Office for Police Conduct, which has conducted an investigation into the shootings, and to a separate inquiry by the Scottish Affairs Committee—within 60 days of receiving it.

The Government keep firearms licensing under review to safeguard against abuse and prevent risk to public safety. In the immediate aftermath of the shootings in Plymouth, the then Home Secretary asked all police forces to urgently review their firearms licensing practices. The review found that, collectively, a total of 6,434 firearms and shotgun licences were surrendered, seized, revoked or refused over the previous 12-month period across England, Wales and Scotland. Of those licences, a total of 908 were subsequently returned or reissued following further checks or appeals decided by the courts. As a result of the review of returned licences, the original decision was overturned in eight cases and the licences have been re-surrendered or revoked. I hope that those findings provide reassurance that the police have put in place robust processes for issuing and reviewing firearms and shotgun licences.

That does not mean that there is any complacency following those awful events. Strengthened controls were subsequently issued through statutory guidance in October 2021—a few months after this awful incident—so that the police make sure that people are medically fit to receive a licence and that full medical checks have been undertaken, which, of course, did not happen in this case. A new digital marker system to flag firearms owners to GPs is also currently being introduced.

The statutory guidance draws on previous lessons learned and will ensure better consistency across police firearms licensing departments. It means that that no one will be given a firearms licence unless their doctor has expressly confirmed to the police whether they have any relevant medical conditions, including in relation to their mental health. The statutory guidance makes it clear that police can now undertake a wide range of checks to assess a person’s suitability depending on the individual case, including social media checks, financial checks, interviews with and background checks on relatives or associates, and checks relating to domestic violence or public protection units.

The College of Policing has refreshed its authorised professional practice on firearms licensing. A consultation was launched about a month ago, on 12 January, and it will conclude on 10 March. I encourage Members to respond to that consultation. His Majesty’s inspectorate of constabulary and fire & rescue services has announced that it will be undertaking a thematic review of forces’ arrangements in respect of firearms licensing in 2024-25.

Devon and Cornwall police have assured the IOPC that changes have been made following its recent recommendations, but depending on what the coroner recommends shortly, I am currently minded to ask the inspectorate to look specifically at the arrangements that Devon and Cornwall have in place for firearms licensing and to confirm their suitability. The Home Office is also currently taking forward a review of fees that can be charged for firearms licences or certificates by police forces—we expect to consult later this year—to make sure that forces have enough resources to conduct those important checks.

We must ensure that our controls on firearms are as robust as possible, and that we learn the lessons from the tragic deaths in Keyham and in Scotland. We therefore await with keen interest the coroner’s anticipated prevention of future deaths report. As I have said, we will respond to that report, to the recent report by the Scottish Affairs Committee following the shootings in Skye, and to the IOPC report within 60 days of receiving the last of those three reports, which will be the coroner’s report. We will respond substantively to the recommendations in all three.

I commit today that any further changes needed to protect the public will be made. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

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[Chris Philp]

I am afraid to say that very bad decisions—in fact, wrong decisions—were made in this case. As the former policing Minister, my right hon. Friend the Member for North West Hampshire (Kit Malthouse) said, the wrong decisions were taken under the guidance in force both in 2018, when the licence was first granted, and two or three years later, when the gun was confiscated and then returned. The IOPC has said that very clearly, and it has said that two or three officers of Devon and Cornwall police made the wrong decision at the time. My right hon. Friend is right to say that a change of guidance would not have helped, because the wrong decisions were made under the guidance at the time. However, we need to make sure that the guidance is robust and comprehensive and that training is comprehensive. It is with those purposes in mind that we will respond to the three reports in 60 days or so.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for the statement.

Serious Criminal Cases Backlog

Debate between Chris Philp and Baroness Winterton of Doncaster

Wednesday 20th January 2021 Commons Chamber

[James Daly (Bury North) (Con) [V]]

As a former criminal defence solicitor, may I ask my hon. Friend to join me in praising all the practitioners who have contributed so much to access to justice during the pandemic? Many have asked me to ask the Minister what steps the Government have taken and are taking to enhance capacity in the criminal courts. Finally, does he not think it odd that the Scottish National party is asking questions about the English judicial system, despite its call for English questions on English laws?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It should really be just one question to the Minister.

[Chris Philp]

I have such a choice to choose from! Yes, I join my hon. Friend in paying tribute to the legal profession and the judiciary for the work they have done in these difficult circumstances. To answer the question that his colleagues have put via him, we are opening up Nightingale courts. A total of 19 are open, with 36 additional courtrooms. We have already rolled out the cloud video platform to ensure that hearings can be done remotely, and we are ensuring that Crown court sitting days are not a limitation in this financial year, so we are doing everything we can to open up capacity in the criminal justice system. We are also considering whether we can extend operating hours, and I would be interested to hear my hon. Friend’s views on that, perhaps after today’s question. We are leaving no stone unturned to ensure that our capacity is increased.

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[Andy Carter (Warrington South) (Con) [V]]

I join the Minister in paying tribute to magistrates in Cheshire and Merseyside for the work they are undertaking, and invite him to welcome the new volunteer members of the bench who were sworn in just before Christmas and are now serving in courts in the north-west. Having sat as a magistrate last week myself in Liverpool, I can confirm that the magistrates court and the Nightingale court at St George’s Hall are covid-safe and working very efficiently. Can my hon. Friend outline what steps are being taken to ensure that the most serious cases are heard quickly, both in magistrates courts and Crown courts, so that justice is not delayed?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before the Minister responds, let me say that I want to try to get everybody in, so we need fairly short questions and, obviously, fairly brisk answers.

[Chris Philp]

I will do my best, Madam Deputy Speaker. I am delighted to hear that the courts in Liverpool are functioning so well. The listing of cases is a matter for the judiciary, but I know that judges are mindful of the points that my hon. Friend raises, and where there are serious and sensitive cases, judges do prioritise those in listing.

--- Later in debate ---

[Chris Philp]

I would point to the quarter of a billion pounds that we have invested this year alone—extra money for making sure that our courts are covid safe and have the capacity needed to deliver justice. That is a striking investment and a striking commitment—one that has not only started the court recovery, but one that I hope and expect will sustain it in the months ahead.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for responding to the urgent question. I am now suspending the House for three minutes to enable the necessary arrangements for the next business to be made.

Prisoners (Disclosure of Information About Victims) Bill

Debate between Chris Philp and Baroness Winterton of Doncaster

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Tuesday 3rd March 2020 Commons Chamber

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

I beg to move amendment 1, page 2, line 26, at end insert—

“28B Indecent images: prisoner’s non-disclosure of information

(1) The Parole Board must comply with this section when making a public protection decision about a life prisoner if—

(a) the prisoner’s life sentence was passed for—

(i) an offence of taking an indecent photograph of a child, or

(ii) a relevant offence of making an indecent pseudo-photograph of a child;

(b) the Parole Board does not know the identity of the child who is the subject of the relevant indecent image; and

(c) the Parole Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Parole Board (“the prisoner’s non-disclosure”).

(2) When making the public protection decision about the prisoner, the Parole Board must take into account—

(a) the prisoner’s non-disclosure; and

(b) the reasons, in the Parole Board’s view, for the prisoner’s non-disclosure.

(3) This section does not limit the matters which the Parole Board must or may take into account when making a public protection decision.

(4) In subsection (1)(a), the reference to a life sentence includes a life sentence passed before the coming into force of section 1 of the Prisoners (Disclosure of Information About Victims) Act 2020.

(5) For the purposes of this section, an offence is an “offence of taking an indecent photograph of a child” if it is—

(a) an offence of taking an indecent photograph of a child under section 1(1)(a) of the Protection of Children Act 1978 (the “England and Wales offence”), or

(b) an offence of taking an indecent photograph of a child under the law of Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man or any other country or territory that corresponds to the England and Wales offence.

(6) For the purposes of this section, an offence is a “relevant offence of making an indecent pseudo-photograph of a child” if—

(a) it is—

(i) an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child (the “England and Wales offence”), or

(ii) an offence of making an indecent pseudo-photograph of a child under the law of Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man or any other country or territory that corresponds to the England and Wales offence, and

(b) the Parole Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph;

and in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child.

(7) In this section,—

“public protection decision”, in relation to a prisoner, means the decision, made under section 28(6)(b) for the purposes of section 28(5), as to whether the Parole Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined;

“relevant indecent image” means—

(a) the photograph to which an offence of taking an indecent photograph of a child relates, or

(b) the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates.”.

This amends the Crime (Sentences) Act 1997 to require the Parole Board to take account of non-disclosures by life prisoners serving sentences for offences relating to indecent photographs or pseudo-photographs of children.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government amendment 2.

Clauses 1 to 3 stand part.

[Chris Philp]

This Bill, which passed its Second Reading a short time ago, seeks to respond to two incredibly tragic cases—the tragic murder of Helen McCourt, which happened 32 years ago, and the terrible abuse committed by nursery teacher Vanessa George, who abused the trust placed in her by the parents of tiny children.

--- Later in debate ---

[Chris Philp]

I thank the shadow Minister for the constructive tone in which he has engaged with the Bill in general and for his remarks a few moments ago. To pick up on his comments on the sentencing White Paper, we do indeed intend to bring it forward later this calendar year. Hopefully, we can look at a much wider range of issues connected with sentencing to make sure that the punishment always fits the crime. In relation to a victims Bill, it is our intention to legislate in that area later in the current Session.

I want to reassure the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) on both the points he raised. Where there is a collection of offences, some of which come within the scope of the Bill but others of which do not, this Bill will be engaged when release comes to be considered, even if only one of the offences falls within its scope. His constituents can be reassured that the Bill will apply in those circumstances.

All sentence types are covered. Clause 1, which amends section 28 of the Crime (Sentences) Act 1997, will cover life sentences and, as amended, sentences for imprisonment for public protection. Clause 2, which amends the Criminal Justice Act 2003, covers extended determinate sentences, so all sentence types are covered by this Bill, as amended. I can therefore give the hon. Gentleman the categorical assurance he requested.

In relation to the question raised by my hon. Friend the Member for Crewe and Nantwich (Dr Mullan), I expect the Parole Board to give significant weight to non-disclosure. The fact that Parliament has gone as far as legislating in this area will send an extremely clear message to the people taking these decisions, and I expect this to weigh heavily on the mind of Parole Board members when they take these decisions. A wider review into the operation of the Parole Board will commence in due course—the so-called root-and-branch review announced in the manifesto last December—and there will be an opportunity for my hon. Friend and all Members to contribute to that discussion.

Putting on the face of the Bill the requirement to take non-disclosure into account means that it can never be changed, other than by a subsequent Act of Parliament. It will also send a message to Parole Board members about how important these issues are for Members of this House, for the reasons described today. I commend the amendments and clauses to the House.

Amendment 1 agreed to.

Amendment made: 2, in clause 1, page 2, line 30, leave out “Section 28A contains” and insert “Sections 28A and 28B contain”.—(Chris Philp.)

This amendment is consequential on Amendment 1.

Clause 1, as amended, ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill, as amended, reported.

Bill, as amended in the Committee, considered.

[Madam Deputy Speaker (Dame Rosie Winterton)]

There are no amendments on consideration.

As no non-Government amendments have been made to the Bill, I am signing a certificate on the basis of the provisional certificate issued with the selection list. As indicated in that provisional certificate, I certify that the Prisoners (Disclosure of Information About Victims) Bill relates exclusively to England and Wales on matters within devolved legislative competence, under Standing Order No. 83J.

Does the Minister intend to move a consent motion in the Legislative Grand Committee?

[Chris Philp]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Dame Rosie Winterton in the Chair]

Civil Liability Bill [Lords]

Debate between Chris Philp and Baroness Winterton of Doncaster

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 4th September 2018 Commons Chamber

[Ruth George]

My intervention is a question to you, asking how you think the claims management company got hold of your details to be able to phone you and your wife about your accident. Do you agree that your details must have been passed on by insurance companies, who then complain about these very claims management companies, because that is the only place they could have got your personal details and the accident information from? That is what we should be cutting down on.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. May I just reiterate that the word “you” should be used to address the Chair? My personal details have not been passed on to anybody.

[Chris Philp]

Thank you, Madam Deputy Speaker. The hon. Member for High Peak (Ruth George) might well be correct in her assumption about where the details came from.

A ban on referral fees was introduced a few years ago, but some insurance companies have sought to circumvent it by using what they euphemistically term “alternative business structures”. This is where an insurance company effectively owns an equity stake in a claims management company or a claimant law firm and extracts value in that way. I know that the Minister is very attentive to these matters, and I suggest to him that we should look at widening that ban on referral fees to include a ban on so-called alternative business structures. We should ban insurance companies from having an equity stake or any other financial interest in claims management companies or in claimant law firms, to make our existing ban on referral fees a little bit more robust. I say that to make the point that not everyone on the Government Benches is batting for the insurance companies.

In terms of public opinion, 58% of the public believe that personal injury lawyers and claims management companies are responsible for creating a compensation culture, and two thirds of the public believe that a compensation culture exists. My hon. Friend the Member for North Warwickshire (Craig Tracey) has described the cost to individual motorists. The cost is being borne by our constituents, many of whom struggle to make ends meet. When 47% of the value of claims is consumed by costs and legal fees, the system is clearly not functioning properly.

I very much welcome the measures in the Bill, particularly the ban on pre-medical examination offers. I was delighted by the Secretary of State’s confirmation that the examinations will be face-to-face examinations. That is an extremely important clarification. As far as I can tell, the only sanction in the Bill against companies making pre-med offers will be a fine levied by the Financial Conduct Authority. I say to the Minister that I hope that those fines will be substantial. The tariff schedule is simple and clear. It is set at about the same level as that of awards made under the current judicial system, so it is not being substantially discounted, but it is simple, transparent and requires less intervention by the judiciary and the justice system, thereby reducing costs. Many European countries, including France, have a similar tariff system. I welcome this simplification and the associated reduction in costs.

The reforms to the personal injury discount rate are long overdue, and I welcome them. If Members are concerned about them, I would just say that periodic payment orders are available to pretty much every claimant if they feel that they would be better served in that way. They would guarantee that every penny due was paid over. I suggest that periodic payment orders are a better mechanism for avoiding the risk of someone being paid a large amount of money on day one and perhaps being given bad financial advice or spending the money on something other than their own care. I suggest that the Government consider making periodic payment orders the default option and that a lump sum award should be made only if a judge decides that there is a good reason not to set up a periodic payment order. I think that PPOs provide better protection for the claimant.

There are one or two important measures that are not in the Bill but are associated with it. I strongly support the increase in the small claims track limit to £5,000 for road traffic accident personal injury claims. The limit for most compensation claims is £10,000, so we might ask why the limit here is only £5,000 when in almost every other sphere it is £10,000. The Government have already made a significant concession by setting the limit at £5,000, rather than at £10,000, as it is for everything else.

I understand that there might be imminent legislation from the Department for Digital, Culture, Media and Sport to introduce a general ban on cold calling in this area. If that is true, it is long overdue and will be very welcome. Claims management companies should not be making these calls at all, and they should be completely prohibited. I have already commented on alternative business structures. I have had personal experience of this; the public are being incited to commit fraud on an industrial scale. There is no reason why the level of claims in the United Kingdom should be so much higher than in other European countries. These are welcome measures, and the sooner they hit the statute book, the better.

Finance (No. 2) Bill

Debate between Chris Philp and Baroness Winterton of Doncaster

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 21st February 2018 Commons Chamber

[Jonathan Reynolds]

I must defend the Leader of the Opposition. The comments that he made to the EEF national manufacturing conference were simply that finance must serve industry and that this country has to find ways to increase lending to businesses, to have more productive outcomes for the economy and to lower regional inequality—all things that were previously said by the former Chancellor of the Exchequer, who now finds work as the editor of the Evening Standard. I do not think that that is unreasonable in any sense. The feedback I have had from that conference is that the reception in the room was very favourable.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Chris Philp—on new clause 3.

[Chris Philp]

Well, I am not sure whether I can respond to the hon. Gentleman’s comments while adhering to Madam Deputy Speaker’s gentle guidance, other than to say that I think that the Leader of the Opposition’s remarks went rather further than the hon. Gentleman just suggested.

Perhaps it is time to move on to the measures relating to tax avoidance and evasion, particularly new clause 6. The shadow Chief Secretary made a series of quite serious allegations about the Government’s effectiveness over the past seven years in combating tax avoidance and evasion. I disagree quite strongly with the premise of his points. He suggested that the current Government had been slow to act—indeed, had not acted—in these areas. I gently draw his attention to the fact that in the past eight years since 2010 the Government have taken 75 different measures designed to combat tax evasion and tax avoidance that have raised, cumulatively, £160 billion.