Debates between Christopher Chope and Sam Gyimah during the 2015-2017 Parliament

Fri 24th Mar 2017
Guardianship (Missing Persons) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons

Guardianship (Missing Persons) Bill

Debate between Christopher Chope and Sam Gyimah
3rd reading: House of Commons & Report stage: House of Commons
Friday 24th March 2017

(7 years, 8 months ago)

Commons Chamber
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Sam Gyimah Portrait Mr Gyimah
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I congratulate my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on introducing the Bill to create the new legal status of guardian of the property and financial affairs of a missing person and on bringing it so far so quickly. The Government are committed to creating that new legal status and are pleased to support the Bill.

The proposals in the Bill have taken some time to evolve. It goes without saying that the Bill will not create a panacea for all the troubles and anguish caused by a sudden and unexplained disappearance; however, it will provide a clear, practical procedure for those left behind to use to find solutions to the financial problems they face. Putting one person in charge of another person’s property and affairs is a very significant step, but guardianship is not unique in that respect.

The Bill has been modelled in part on the provisions for the appointment of deputies in the Mental Capacity Act 2005. The guardian is, for example, to be treated as the agent of the missing person. I hope that businesses and other organisations can therefore relatively quickly adapt their systems to accommodate the new status and deal with guardians confidently.

Christopher Chope Portrait Mr Chope
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The Government have said that they will introduce the secondary legislation that the Bill requires within 12 months—in other words, by 2018. Will my hon. Friend please give that assurance to the House today from the Dispatch Box?

Sam Gyimah Portrait Mr Gyimah
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I can assure the House that the Government support the Bill and that we will do everything in our power to introduce those regulations, so that they can come into force as soon as practicable.

Putting one person in charge of another person’s property and affairs is a significant step. As I have said, guardianship is not unique in that respect. The character and qualities of guardians will be critical. Guardians can therefore only be appointed by the court and can be held to account for their actions by individuals affected. They will also be subject to supervision by the Office of the Public Guardian. The detail of the supervisory regime will be worked out in secondary legislation and codes of practice, as is the case for deputies.

The key principle that the guardian must observe is that he or she must act in the best interests of the missing person. “Best interests” is defined in the Bill and may be further defined in regulations, but it does not simply mean preserving and protecting—and, where possible, augmenting—the assets of the missing person. That would certainly do some good—as against the return of the missing person—but would do nothing, until the missing person returned, for those left behind. The guardian is therefore able, subject to the tests in the Bill and the terms of the guardianship order, to use the missing person’s assets for the benefit of people whom, had he or she not disappeared, the missing person would probably have supported.

I acknowledge the unstinting efforts of the charity Missing People, which, along with its pro bono lawyers, Clifford Chance, has assisted the Ministry of Justice in preparing legislation. The Department is grateful to the charities Prisoners Abroad and Hostage UK, which have contributed to the Bill’s development. I thank my hon. Friend the Member for Thirsk and Malton for his hard work in steering the Bill thus far. I am grateful to all the families affected by disappearances who have shared their experiences in public to help to raise awareness of the need for reform and to Peter Lawrence in particular. As my hon. Friend said, in the letter of the law this is called the Guardianship (Missing Persons) Bill, but it will always be known as Claudia’s law.

The Bill has been a long time in getting to this stage. The all-party parliamentary group on runaway and missing children and adults called for legislation in 2011, and the then Government undertook in the cross-Government missing children and adults strategy, published that year, to consider whether legislation was required. I am delighted to commend the Bill to the House.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Oral Answers to Questions

Debate between Christopher Chope and Sam Gyimah
Tuesday 7th March 2017

(7 years, 8 months ago)

Commons Chamber
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Sam Gyimah Portrait Mr Gyimah
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The hon. Gentleman makes an important point. We want to make sure that our hard-working prison officers are well rewarded. Our announcement on 19 February, to which he refers, was specifically designed to tackle jails where it is very hard to recruit because of the high cost of living in their particular market. This year’s pay award for all prison staff is a matter for the independent pay review body, to which we will submit evidence shortly.

Christopher Chope Portrait Mr Christopher Chope (Christchurch) (Con)
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12. How many people are serving sentences of imprisonment for public protection which have lasted for more than twice the length of their original sentence.

Sam Gyimah Portrait The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)
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As at 31 December 2016, there were 2,006 unreleased prisoners serving a sentence of imprisonment for public protection who had served more than twice their original tariff.

Christopher Chope Portrait Mr Chope
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I thank my hon. Friend for that depressing statistic. My constituent has served not twice but five times the length of his original sentence. Having been sentenced to two and a half years for actual bodily harm, he has been in prison for 12 and a half years. When is he going to be released?

Sam Gyimah Portrait Mr Gyimah
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The hon. Gentleman is obviously aware that the IPP tariff was introduced by the last Labour Government, and abolished by the Conservative Administration in 2012. Our efforts are now focused on giving IPP prisoners the support, opportunities and motivation to progress more quickly so that, when they are reviewed by the parole board, they have the best possible prospect of securing release. We are tackling delays in the system and have identified what more needs to be done. A specific unit is looking at individual cases in order to progress them as quickly as possible.

Suicide and Self-harm in Prison (England)

Debate between Christopher Chope and Sam Gyimah
Wednesday 1st March 2017

(7 years, 8 months ago)

Westminster Hall
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Christopher Chope Portrait Mr Christopher Chope (in the Chair)
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Order. I did say to the hon. Lady earlier that interventions from Opposition spokespersons are not allowed in a short Westminster Hall debate. I have re-confirmed that that is the ruling, so I am not going to allow the Minister to respond to that intervention. I apologise to the mover of the debate for the interruption.

Sam Gyimah Portrait Mr Gyimah
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Any loss of life, whether male or female, is tragic. I would hope that my comments will address the issues in female as well as male prisons.

Deaths in the early days and weeks of custody are highest after reception, sentencing, transfer or recall. There are also significant numbers of deaths among lifers and other prisoners late into long sentences. We are developing a package of reforms as part of the prison safety and reform programme, and we will consult with a range of external stakeholders to seek their views on the action that will be taken to address the complex issue of suicide and self-harm in prisons.

In a written question, the hon. Member for Liverpool, Wavertree asked about the internal review. I assure her that there is an inquiry under way to look at all deaths in custody in the past year and to further our understanding of why those events are happening. She will know what the results of that inquiry are as soon as they are available.

The early days and weeks in custody are particularly critical, and we are taking steps to ensure that when somebody enters a prison they are given the support they need at that important time. We are rolling out new training courses across the estate to help our staff to identify risks and triggers of suicide and self-harm and to understand what they can do to support prisoners at risk. That involves awareness training for prison staff on supporting prisoners with mental health issues. The new package consists of six sections that can be delivered to both new and existing staff either in succession or in a modular form.