Oral Answers to Questions

Crispin Blunt Excerpts

Tuesday 28th June 2011 Commons Chamber

[Andrew George (St Ives) (LD)]

4. What steps he plans to take to protect the public from persons convicted of violent offences.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

We have made it clear that we are committed to retaining the statutory multi-agency public protection arrangements, known as MAPPA. Within MAPPA, the police, prison and probation services are required to work together to manage known violent and other dangerous offenders and so protect the public, including previous victims.

[Andrew George]

I hope that the Minister agrees that the primary purpose of custodial sentencing must be public protection. Does he accept that the greater use of mandatory sentencing runs the risk of judges not being able to use their discretion to ensure that the public are protected in the long run?

[Mr Blunt]

The only element of mandatory sentencing we are contemplating relates to knife crime, so that it is absolutely clear that this House sends a very clear message on that. I am sure that right hon. and hon. Members will think it appropriate that people spend six months in prison when they threaten people with a knife.

[Mrs Madeleine Moon (Bridgend) (Lab)]

5. What representations he has received on his proposals to transfer functions from the chief coroner.

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[Lindsay Roy (Glenrothes) (Lab)]

10. What the reason is for the time taken to implement agreements on the compensation of victims of terrorism overseas.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

We are examining this issue in tandem with the domestic criminal injuries scheme and will publish our proposals on victims in the coming weeks.

[Lindsay Roy]

I thank the Minister for his response. Has he made an assessment of how other countries, such as France and Australia, have been able to implement promptly the agreements on compensation for such victims outwith their natural boundaries?

[Mr Blunt]

As the hon. Gentleman will know, the House decided when we passed the Crime and Security Act 2010 that it was likely that the forward-looking scheme would relate to the criminal injuries compensation scheme. We are coming forward with proposals on the criminal injuries compensation scheme and are taking these things in tandem.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

Will the Minister give the House an assurance that any such ex gratia payments will regard Foreign Office advice as having been followed at the time of the terrorism incident?

[Mr Blunt]

My hon. Friend is correct to say that that was a factor alluded to during the passage of the 2010 Act. For the precise details of the scheme she is talking about, which would apply retrospectively, I am afraid that she will have to wait until we come forward with our proposals in due course.

[Mr David Hanson (Delyn) (Lab)]

Can the Minister confirm that, whatever scheme he brings forward, it will operate from January 2010, as proposed by the Act that I took through the House on behalf of the Ministry of Justice and the Home Office 18 months ago?

[Mr Blunt]

What is in the Act is that date, as I understand it, and the forward-looking scheme will operate from there. If it is not on the face of the Act, it was the clear statement of the Government at the time, and the policy of the then Opposition was to support it, so I can confirm that it would be our intention for any forward-looking scheme to deal with victims from that time.

[Mark Tami (Alyn and Deeside) (Lab)]

14. Which organisations his Department has consulted on future procedures for remanding defendants in custody.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

More than 1,200 individuals and organisations contributed to the consultation on the Green Paper, “Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders”. Numerous criminal justice organisations commented on the remand proposals in the Green Paper, both in relation to restricting the availability of remand in custody and to new arrangements for defendants under 18. The latter were also discussed in a series of consultation events that the Youth Justice Board undertook following publication.

[Mark Tami]

What does the Minister say to the senior judges who rightly point out that it is wrong to link decisions on remand with the eventual sentence received?

[Mr Blunt]

What the hon. Gentleman has to understand is that in magistrates courts 10,098 people were remanded into custody, a very substantial number of whom did not receive a custodial sentence, so we have to deal with that reality.

[Sadiq Khan (Tooting) (Lab)]

We believe that victims and witnesses should be at the heart of our justice system, and that they are crucial to its effective functioning. Victims groups have expressed alarm about the proposals in clause 73 of the Legal Aid, Sentencing and Punishment of Offenders Bill, and there is a concern that judges will be forced to prejudge cases prematurely, which could lead to the remanding on bail of people—offenders—who might interfere with witnesses, and could reoffend or fail to attend court. The Commissioner for Victims and Witnesses is against the plans as well. Does the Minister understand that the proposal could deter witnesses and victims from coming forward?

[Mr Blunt]

No. What the shadow Secretary of State needs to understand is that if there is any doubt about the issue, it will be up to the judge or the magistrate to make the appropriate decision on remand. The only factor that will be considered is whether imprisonment is at all likely in a particular case. If those other factors are in play, they will come into effect. We have listened during the consultation, and even if those other factors are not present, it will still be possible to remand in custody people in domestic violence cases.

[Sadiq Khan]

It is not just the shadow Justice Secretary who does not understand the proposals: the Council of Her Majesty’s Circuit Judges is “wholly opposed” to them, and the Sentencing Guidelines Council, the Magistrates’ Association, the senior presiding judge of England and Wales and the vice-president of the Queen’s bench division have all responded to the consultation and are against them. The Minister has given no evidence to the House to justify the change other than the cost savings, involving 1,400 prison places and £40 million, so will he take this opportunity to explain why he is limiting judges’ and magistrates’ discretion?

[Mr Blunt]

Because we need to restrict the availability of custodial sentences on remand when there is no real prospect of the defendant being sentenced to imprisonment if convicted—[Interruption.] Thousands of people who are remanded in custody and then convicted do not receive a custodial sentence—and in the case of those whom magistrates remand, the numbers are very significant indeed.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

15. What recent representations he has received on the breach of court orders by those entitled to assert parliamentary privilege.

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[Chris Williamson (Derby North) (Lab)]

18. Which organisations his Department has consulted on reforms to the Criminal Injuries Compensation Authority and the scheme for compensating victims of overseas terrorism.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

In the coming weeks we intend to launch a public consultation on victims services, which will include the criminal injuries consultation scheme. We will not make up our minds about any changes until we have carefully considered responses from the public and other interested parties. We will make an announcement about compensation for victims of terrorism overseas at the same time as we launch our consultation.

[Chris Williamson]

The Justice Secretary’s party signed up to the provisions of the Crime and Security Act 2010 that granted compensation to victims of overseas terrorism. He will know that victims fought hard for those provisions, including the backdating of compensation for those severely injured in atrocities such as the Bali and Mumbai attacks. I do not understand why he has snubbed those victims, who were led to believe that the compensation scheme would come on stream last September. How much longer will victims of overseas terrorism be expected to wait while he and his Ministers dither over this important and just scheme?

[Mr Blunt]

I am afraid that there was a certain amount of confusion under the previous Administration, when for some reason the Department for Culture, Media and Sport had responsibility for overseas terrorism issues. These issues have now been brought together, and we will bring forward our proposals on victims of overseas terrorism in tandem with our proposals on criminal injuries compensation.

[Mr Dominic Raab (Esher and Walton) (Con)]

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

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[Mr Raab]

I thank the Justice Secretary for that reply. Getting offenders clean of drugs is one of the best ways to get them to go straight on release. What progress has the Justice Secretary made in reducing the previous Government’s excessive reliance on methadone prescriptions, and increasing abstinence-based drug rehabilitation in our prisons?

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

As my hon. Friend heard from the previous answer of the Minister for Policing and Criminal Justice on the centrality of rehabilitation, clinical interventions are the responsibility of the Department of Health. It is important that we work with clinical services to ensure that there is a proper path towards detoxification and abstinence, not only in prison but during the transfer between prison and the community. We are working hard with our colleagues in the Department of Health to deliver that.

[Sadiq Khan (Tooting) (Lab)]

Last week the Prime Minister announced the Justice Secretary’s new law on self-defence. However, there is no mention of it in the Green Paper, the Government response or the 119-page Bill. Is the Justice Secretary aware that the Director of Public Prosecutions is on record as saying that the current guidelines, which permit people to use reasonable force to protect their property, work well? Will he spell out how his proposal differs from the current law?

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[Jim Dobbin (Heywood and Middleton) (Lab/ Co-op)]

T7. The Youth Justice Board has support right across the political spectrum. Indeed, the House of Lords voted to retain it. I cannot understand why a Government who pride themselves on listening to the people cannot do a U-turn that, on this occasion, would be popular.

[Mr Blunt]

There is a clear case for bringing the responsibilities of the Youth Justice Board within the Ministry of Justice, and for making Ministers directly accountable for youth justice. We are going to reintroduce that case to the House, and I am sure that it will command the House’s support.

[Karen Lumley (Redditch) (Con)]

T6. Last week I visited HMP Hewell in Worcestershire, where I met the restorative justice manager Clifford Grimason. He showed me the excellent work that has been done there with prisoners. Will the Secretary of State join me in commending HMP Hewell, and Cliff and his team, who have been working together with Conservative-controlled Redditch borough council on innovative schemes to help get prisoners ready to go out into the world of work?

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[Mr David Crausby (Bolton North East) (Lab)]

Last December the Justice Secretary promised me that he would consider reviewing the maximum sentence for dangerous driving, which currently stands at two years regardless of the severity of the injury caused, short of death. It might well be against his liberal instincts to increase tariffs, but what progress has he made?

[Mr Blunt]

The hon. Gentleman may know that his hon. Friend the Member for Kingston upon Hull East (Karl Turner) secured an Adjournment debate on that subject. We are considering it, and will look at ways of doing it without having to legislate, if possible. We are considering what sanctions are available to us, and I am in discussion with the Solicitor-General and the Attorney-General to see how we can deliver the objective that we both share.

[Margot James (Stourbridge) (Con)]

Following on from the question asked by my hon. Friend the Member for Peterborough (Mr Jackson) about people not being convicted of abusive language and behaviour towards the police, does my right hon. Friend agree that it is even more ridiculous that some of the people concerned are then compensated for wrongful arrest? Will he please review this as a matter of urgency?