Interpretation and Translation Services

Crispin Blunt Excerpts

Tuesday 5th July 2011 Written Statements

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

Against a background of the need to make economies right across the public sector I announced, in a written ministerial statement on 15 September 2010, Official Report, column 46WS that the Government were proposing to make changes to the provision of interpretation and translation services across the justice sector to cut the cost and make more efficient provision while safeguarding quality.

In pursuit of that aim the Ministry of Justice conducted a competitive dialogue procurement process to explore how these services could be delivered more efficiently, before taking a decision on the way forward. That process resulted in a proposed framework agreement with a single supplier, under which justice sector organisations could contract for language services as needed. Having sought and taken account of the views of interested parties the Government have decided that a framework agreement is the best way to meet their objectives.

The Ministry of Justice will contract under the framework on behalf of Her Majesty’s Courts and Tribunal Service and the National Offender Management Service. Other justice sector organisations, including police forces, have indicated that they intend to sign contracts under the framework agreement as soon as they can. In some cases this will be when pre-existing contracts come to an end.

The framework agreement will deliver significant administrative and financial savings over the current approach. It will do this by introducing market forces into language services provision and providing a single point of contact available to staff at any time of day for the provision of all language services, including interpretation, translation and language services for the deaf and deaf-blind.

Language services will now be booked through various mechanisms including a secure internet portal, telephone or e-mail. This does away with the current time-consuming and inefficient process of making direct telephone contact with each individual interpreter to check their availability for work. A single request will be all that is required, reducing the burden on staff.

Interpreters’ details will be held centrally on a new register maintained by the supplier, which will be freely accessible to the justice sector and legal practitioners.

The Government have always been clear however that efficiency cannot be at the expense of quality. Clear quality standards specify the qualifications and experience required for interpreters to work in the justice sector. A strict code of conduct sets out the high standard of professional conduct expected of them. A robust, accessible complaints process has also been designed, with effective sanctions to ensure that breaches of these standards are investigated and dealt with proportionately and properly.

The supplier will be obliged under the framework to increase the pool of appropriately qualified, experienced and security cleared interpreters beyond the current limits, and to collect and monitor detailed management information to allow better planning for future needs. Failure to do so will result in the supplier being financially penalised.

Moving over to the framework agreement will result in a more efficient and effective service for the public which is forecast to result in savings of at least £18 million on the current yearly spending in this area of £60 million. It will ensure, through the various benefits it offers, that the Government continue to be able to provide access to efficient, high-quality language services for those in need, while getting value for money on behalf of the public.

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?

Dangerous Driving Offences (Sentences)

Crispin Blunt Excerpts

Wednesday 22nd June 2011 Westminster Hall

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

It is extremely pleasurable to serve under your chairmanship, Mr Hollobone, particularly as it means that you are in the Chair and not behind me on the Back Benches. I congratulate the hon. Member for Kingston upon Hull East (Karl Turner) on securing the debate and on his tenacity in bringing this issue to the attention of Parliament. I congratulate him on whipping in, if I may put it that way, other hon. Members’ support with the notice he gave of his debate and on the generous way in which he gave them some time and some of my time. It is entirely his debate and it is all his time to give up to interventions. The hon. Gentleman made it clear in that message that he was going to end before 15 minutes of the debate was left, so I may be slightly over-prepared. However, I will attempt to get through the key messages I want to get across in responding to the debate.

As the hon. Gentleman made clear, the subject of dangerous driving is extremely serious, with potentially very grave consequences for innocent victims and their families. The Government are currently considering recent representations on the subject made by His Honour Judge Everett of Bolton Crown court following a particularly serious local case. They are also considering representations made by the hon. Member for Bolton North East (Mr Crausby), my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) and the points raised by the hon. Member for Kingston upon Hull East not only in this debate, but in the speech he gave to his ten-minute rule Bill.

Road traffic cases present particular difficulties for the courts because it is not always the worst transgression by a driver that has the most tragic consequences. Sometimes the consequences of a collision may be entirely disproportionate to the culpability of the offender. A relatively minor misdemeanour by a driver may have very tragic consequences, whereas thoroughly reckless behaviour on the road may fortuitously result in little, if any, harm. The law therefore seeks to punish those who cause death or injury on the road in a way that is appropriate to the degree of blameworthiness of the driver.

Hon. Members will be aware that a range of offences relate to bad driving. Ultimately, it is for the prosecuting authorities to decide upon the appropriate charge in each individual case. The charges brought against an individual following a road traffic incident are dependent upon the Crown Prosecution Service’s assessment of the quality of the defendant’s driving both preceding and at the time of the impact. When considering the appropriate charge, it is the driving behaviour that is the deciding factor. There are charging standards agreed with the police for prosecuting road traffic offences.

Our current law provides a framework of offences to deal with bad driving at every level. Fatality holds a special place in that framework, which is why, where a death is caused by bad driving, particularly robust penalties are available. Where drivers cause death by dangerous driving or by careless driving while under the influence of alcohol or drugs, judges are able to sentence them to a maximum of 14 years in prison. Other measures include an unlimited fine and a minimum two-year driving disqualification. Where death is caused and there is sufficient evidence of gross negligence, drivers can be charged with the offence of manslaughter, which carries a maximum penalty of life imprisonment.

Following the 2005 review of road traffic offences, since 2008 two new offences have been available to prosecutors: causing death by careless driving and causing death where a driver is unlicensed, disqualified or uninsured. The maximum penalties for those are five years and two years respectively. Those offences attract a minimum disqualification period of one year, and can be punished by an unlimited fine. As the hon. Gentleman made clear, dangerous driving has a maximum penalty of two years custody. Careless driving, by comparison, has a maximum penalty of a fine.

As regards dangerous driving, within the maximum penalty set out in legislation, judges and magistrates have discretion to sentence based on the details of the individual case and the circumstances of the offender, taking into account sentencing guidelines. Moreover, the courts are obliged to endorse a driver’s licence and impose at least a 12-month driving disqualification, together with an extended re-test. Of course, if deemed necessary and proportionate to the seriousness of the offence, there is no limit to the length of driving ban that a court can impose. The court may also impose a fine.

The magistrates courts’ sentencing guidelines provide some guidance on dangerous driving. The most serious examples of the offence—such as prolonged bad driving involving deliberate disregard for the safety of others; incidents involving excessive speed or showing off, especially in built up areas, by a disqualified driver; and driving in such a fashion while being pursued by police—would be referred to the Crown court. Serious injuries are taken into account within the dangerous driving offence and, at the most severe end of that scale, we would expect judges to sentence close to or at the maximum penalty of two years custody.

I now want to set out some of the wider context for the debate. Generally, Britain has a good road safety record, but we cannot afford to be complacent. Deaths and serious injuries on the roads are a tragedy for all those who are affected. It is of course to be welcomed that road fatalities and casualties have continued to fall, but every such case is one too many. I will give the background with figures.

Since 1994, road casualties have been falling against a backdrop of increasing traffic and population. In 2009, there were a total of 222,146 reported casualties of all severities, 4% lower than in 2008; there were 2,222 deaths, 12% lower than in 2008; 24,690 were seriously injured, down 5%; and 195,234 were slightly injured, down 4%. The number of fatalities fell for almost all types of road user, with a fall of 16% for car occupants, 13% for pedestrians, 10% for pedal cyclists and 4% for motorcyclists.

If we compare not just one year, but the average trend over 15 years between 1994-98 and 2009, the number killed was 38% lower, and the number of those killed or seriously injured was 44% lower. Welcomingly, the number of children killed or seriously injured was 61%. Car occupants, pedestrians and motorcyclists accounted for the vast majority of deaths at 48%, 23% and 21% respectively in 2009, when pedestrian fatalities were 50% below the 1994-98 average and car occupant fatalities were 40% below the average.

We want to ensure that Britain remains a world leader in road safety, and to continue the downward trend in road casualties. We are determined to crack down on the antisocial and dangerous driving that still leads to far too many fatalities and serious injuries on our roads. It is with that aim that last month colleagues in the Department for Transport published a new strategic framework for road safety. Its focus is on supporting road users who have weak driving skills or display a lapse of judgment to improve their driving through a greater range of educational courses to help to deliver safer skills and attitudes, while focusing enforcement resources on those who deliberately decide to undertake antisocial and dangerous driving behaviour, and that covers all careless and dangerous driving offences. This is the Government’s twin approach to improving road safety.

The new strategic framework for road safety sets out the Government’s plans. Among other measures, they are: to require offenders to pass a test before they regain their licence after a serious disqualification; to make greater use of powers to seize vehicles to keep the most dangerous drivers off the road; to improve enforcement against drink and drug driving as announced in the response to the North report in March; to increase the use of police-approved educational courses that can be offered in place of fixed penalty notices to encourage safer driving behaviour; to launch a new post-test qualification for new drivers, including an assessment process, and to continue to improve the driving and motorcycling training processes. The framework, in harmony with the coalition’s commitment to localism, also aims to give greater clarity to local authorities and road safety professionals, and to free up local authorities to assess and to act on their own priorities to improve road safety.

Returning to sentencing, I want to make it clear that the courts take dangerous driving seriously. The 2010 figures show that around 3,200 offenders were sentenced, of whom about 1,100 were given immediate custodial sentences. The average custodial sentence length has increased consistently over recent years from 7.7 months in 2000 to 9.7 months in 2010. In his speech on his ten-minute rule Bill, the hon. Gentleman argued that the courts could not sufficiently punish instances of dangerous driving when very serious harm is caused. He then argued, as he did today, that the maximum penalty of two years for this offence does not give the courts enough scope, and that it should be raised to seven years. He will recall that I was on the Front Bench and that I sat and listened to his speech. I have, of course, given thought to the issues that he raised.

Maximum penalties are not necessarily the only way of addressing issues of appropriate punishment within the criminal justice system. As will be clear from what I have said, there is a complex legacy of maximum penalties relating to traffic offences, and we should not regard making changes to them as the answer to every issue. My hon. Friend the Member for Dartford (Gareth Johnson) said that there are other penalties that are apparently logically inconsistent. The challenge of ensuring a completely consistent range of offences and penalties against a backdrop of ever-changing social problems and priorities will be well understood by the hon. Member for Kingston upon Hull East, who knows that the Law Commission has given that some thought. The alternative legislative answer to a major one-off overhaul of our criminal law to deliver the coherence that he seeks would be to legislate on a case-by-case basis to address identifiable gaps. That approach would not necessarily improve the overall coherence of our system

The Government have said that they do not want to pursue a pattern of constantly tinkering with legislation if we can possibly avoid it, so we must consider other possible solutions if they are available.

Victim Support

Crispin Blunt Excerpts

Wednesday 8th June 2011 Westminster Hall

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

I congratulate my hon. Friend the Member for St Ives (Andrew George) on securing this timely debate about the wider topic of support for the victims of crime and the narrow case he raised. He is a doughty champion of his constituents and for a decade he has worked on their behalf on the case he mentioned. We should respect the determination with which he represents his constituents.

I begin by making it absolutely clear that the Government are committed to placing victims and their families at the front and centre of the criminal justice system. I view my remit as the Minister responsible for victims and for the wider issue of offender management through the prism of victims. Let us consider the system changes we are trying to deliver around, for example, work in prisons. What are they for? They are to generate the resources for offenders to compensate their victims and to create more resources to assist the victims of crime. One proposal in the Green Paper is to make it a duty for sentencers to consider a compensation order as the first point of departure in their sentencing. Hon. Members will have to wait until we formally respond to the consultation and introduce the legislation, but I do not see anyone demurring from strengthening that duty. That is the direction of policy—to ensure that victims are our consideration.

The future victims of crime, as my hon. Friend the Member for Shipley (Philip Davies) made clear, are absolutely at the centre of concern. That is why we are advocating a rehabilitation revolution and a complete step change in how offenders are dealt with and managed by our system. If we fail to effectively rehabilitate them while they are in our system, they will go out and reoffend again, and we have to address the dreadful reoffending rates. I suspect that he and I are in the same place on that. The Government face the constraint, of course, of the legacy of the financial position we received from our predecessors.

We are committed to ensuring that criminal justice agencies work to help families through the process of the investigation and trial, and afterwards. We are committed to providing families with a voice in the criminal justice system. We are committed to providing them with the support and the help that they need to deal with the consequences of crime. It is deeply unfortunate that the case raised by my hon. Friend the Member for St Ives was mishandled. I understand the pain that such a traumatic experience can cause for bereaved families, but I accept that as much as I might understand the pain, it is beyond the power of any Government or Minister to repair that trauma. All Governments, however, will want to do their reasonable best to continue to improve the service to victims.

Support to victims and their families has improved dramatically since the case described by my hon. Friend. He referred to the work of Joanne Bryce, which, over a prolonged period, has contributed significantly to that improvement. Many of the things that she identified in association with the case have led to direct improvements, which I will cover if I have time. Constantly improving the system will continue.

During the debate, my hon. Friends made some suggestions that I will want to look at. My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) suggested that there should be a positive duty to explain the absence of a victim impact statement to the parole board hearing. I undertake to look at that extremely good suggestion.

My hon. Friend the Member for Hove (Mike Weatherley) drew attention to an anomaly concerning retailers who live above their premises, the recording of crime and the sort of support triggered by victim support in cases of assault. We will constantly look at such suggestions, with the objective of improving the system.

I want to be clear to the Chamber that the law is on the side of the victim and the victim’s family. In the case of homicide, there are safeguards against the offender benefiting from the crime. Under the rules of forfeiture, any person found guilty of murder is automatically disqualified from inheriting property from their victim. In the case of manslaughter, they are disqualified unless a specific court order is granted in their favour. The bereaved family can make an application to the court to ensure that the killer is not responsible for the administration of the victim’s estate, under section 116 of the Senior Courts Act 1981. I understand fully that people who have just suffered such a tragic loss are likely to find the process confusing or complicated. That is one reason why the improvements in support are so important, and why, since October 2009, the Ministry of Justice has supported an advice helpline to provide legal advice to relatives who have been bereaved by homicide, and advice on associated personal and social issues.

[Andrew George]

That is an encouraging reply. Will the Minister clarify whether those rights were in place at the time of the trial that I referred to today? If so, do victims now get a level of support and advice, through those procedures, to ensure that their rights can be enforced and that the perpetrators of homicide are not entitled to determine the outcome of the estate of victims, as happened in the case I raised today?

[Mr Blunt]

That is the case. The right to apply to the court is in the Senior Courts Act 1981, so the right was in place. As my hon. Friend pointed out, however, the family were in ignorance of it. In the spirit of constantly trying to improve the service we provide victims, there is now an advice line for bereaved people in such situations to draw their attention to their rights under the law.

Since the mid-1990s, there has been a great deal of work to improve the experience of victims and their families in the criminal justice system. Criminal justice agencies are more victim-focused and more readily able to take account of victims’ wishes and needs at every stage of the justice process. The courage of victims in coming forward to report crime and giving evidence is central to a strong, fair criminal justice system. Coming forward can sometimes be daunting for victims, especially those who are vulnerable or intimidated. It is therefore right that there are protections for victims in the system and that there are services to which they are entitled and safeguards against further victimisation. We are not complacent, however. There is more work to do and I am currently reviewing the support that victims are given at each stage of the process—investigation, prosecution, trial and beyond.

In 2006, the police and the Crown Prosecution Service worked together to introduce witness care units in every police force area in England and Wales. Witness care units are dedicated teams that keep victims and witnesses updated and informed about developments in a case from a suspect being arrested to an offender being sentenced. They provide victims with vital information on bail conditions, court dates and outcomes. In the same year, the code of practice for victims of crime was introduced. It sets out the services that criminal justice agencies must deliver for victims of crime. It specifies how victims should be kept updated, how often the police and other agencies should contact them, and ensures that the criminal justice system as a whole recognises the central role of victims in the delivery of justice.

I am conscious, Mr Scott, that I will not be able to do justice to the debate in the time that I have available. I hope that hon. Members will forgive me.

Other individual agencies have their own initiatives to help to ensure that victims are kept informed and engaged and, above all, kept safe. The police provide bereaved families with specialist support and a single point of contact through nominating a family liaison officer—a specially trained police officer who will explain the criminal justice process to the family, and act as their first point of reference for any questions. I should point out that in 2008-09, the last year for which we have figures, victim satisfaction with the police was 83%.

The CPS has introduced the victim focus scheme for bereaved relatives. Under the scheme, the prosecutor will write to the bereaved family through the family liaison officer, and offer to meet them to explain the role of the CPS, the court process, the charges faced by the defendant and the role of the victim personal statement. If I have time, I will say more about victim personal statements in a moment.

Under the victim focus scheme, prosecutors will meet bereaved families again if a defendant is convicted, in order to answer further questions. Meeting relatives when there has been an acquittal, which can be equally traumatic, is also being piloted.

The National Offender Management Service operates the victim contact scheme. Victims are eligible when an offender is sentenced to 12 months or more in custody for a violent or sexual crime. The scheme makes sure that victims of serious crime are kept informed if there are developments or changes in the offender’s sentence, and that they have an opportunity to submit evidence to parole board hearings and request licence conditions.

Throughout the criminal justice process, there is support for victims that did not exist in the 1990s. Criminal justice agencies have embedded consideration for the welfare of victims in their ways of working and in their internal procedures. A good example of how that works across the full range of victim contact with the system is the victim personal statement, which was introduced in 2001. It is the determination of this Administration to ensure that the victim personal statement will count for more than it does now. Governments of either colour will want to continue to improve support to victims of crime.

I am conscious, Mr Scott, that I have not been able to respond as fully as I would like, but there is much more to come from this Administration regarding support for victims of crime, making sure that offenders are the ones who will be held accountable; the burden of dealing with victims of crime will fall more on them. Victims will be receiving appropriate support from the state as well.

Stonnall Road, Aldridge

Crispin Blunt Excerpts

Tuesday 7th June 2011 Westminster Hall

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

I thank my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd) for raising this important subject. The security of our citizens is the first priority of any Government, and public protection is a central responsibility of the Ministry of Justice.

I hope that I can demonstrate to my hon. Friend and the House that we take our obligations in this respect extremely seriously and that our arrangements for managing dangerous offenders in the community are robust and effective. Approved premises, including Stonnall Road, raise challenging questions about how the criminal justice system deals with its most serious offenders, but the view of successive Governments has been that such premises are an important part of those arrangements and ultimately perform a critical role in keeping communities safe.

As my hon. Friend said, it was my pleasure to meet him and Councillor Mike Flower yesterday. If my remarks do not answer in full the letter that my hon. Friend drew on in his speech, he will, of course, receive a full reply later.

I share my hon. Friend’s revulsion at the offences committed by the offender, whose case led my hon. Friend to secure the debate. However, the offender has now served the custodial part of his sentence, and our priority, as with all offenders, must be appropriately to protect the public from future offences. That can mean difficult decisions being taken by the agencies involved and overriding the wishes of those who have committed no offence, and my hon. Friend alluded to that. Tragically, it is not possible to eliminate entirely the possibility that a known offender will go on to commit further crimes—in some cases, serious ones—but the Government are committed to doing all that we can to ensure that the risk of an offender causing harm is managed effectively and robustly in the wider interests of us all.

The main topics that my hon. Friend raised were the multi-agency public protection arrangements and the approved premises in Stonnall road. MAPPA and approved premises are two of the key measures that the statutory agencies use effectively to manage offenders who are known on account of their previous offending to present an ongoing risk of harm. I was going to speak in some detail about MAPPA, but I suspect that my hon. Friend would prefer me to address more directly the issues raised by Stonnall Road in the time available. All that I would say about MAPPA is that the arrangements are being validated by studies and are at the leading edge of international practice in managing serious offenders. We will continue to make sure that we improve and develop our practices, but the United Kingdom is well served by the arrangements that we have.

I turn now to the approved premises in Stonnall road, in my hon. Friend’s constituency. I am aware, not least as a result of yesterday’s meeting, that there has been some local opposition to the approved premises over the years, and my hon. Friend laid out how long the issue has been around. However, those premises, along with others in England and Wales, must be understood in the context of a system-wide approach to the effective management of risk, so it might help if I explain briefly what approved premises do.

There are 100 approved premises in England and Wales, with a total of about 2,200 beds. They are the places that our most serious offenders go to when they are released on licence from prison, having served the custodial part of their sentences. Approved premises have 24-hour staffing and a structured regime, including overnight curfew. The principal aim of approved premises is to ensure that offenders are effectively supervised and monitored during the critical period immediately after release. During that period, the supervising agencies can best gauge how successful work in prison has been in addressing the underlying causes of an offender’s behaviour.

For certain offenders, such as child sex offenders, compliance with the restrictions in their licences, such as daytime reporting and exclusion from places such as schools or parks, can be more closely monitored in approved premises than if they are dispersed into alternative accommodation in the community. Residents in approved premises must take part in purposeful activity and in programmes designed to address their offending behaviour and to reduce reoffending. In addition, they are subject to drug and alcohol testing and are monitored on the premises by CCTV. Where the risk assessment deems it necessary, offenders can be escorted by a member of staff when they leave the approved premises.

The system is all about managing the risk posed by people who, having served their time in prison, are being returned to the community. If they remain a threat, approved premises are the best chance the system has to pick up their offending behaviour and to subject them, if necessary, to recall to prison. Staff working in approved premises are trained in risk assessment and to look for the telltale signs of risky behaviour. They work closely with offender managers and local police through MAPPA. They have daily contact with residents, so they are often the eyes and ears through which vital intelligence can be passed to other agencies. The whole idea is to monitor certain high-risk offenders much more closely than would otherwise be possible precisely, so that action can be taken promptly without the need to wait for a fresh offence to be committed.

Broadly speaking, the system is effective. Clearly, there will always be cases that slip through the net—risk can never be eliminated entirely—and each such case is one too many, but the available data show that offending rates for those held in approved premises are much better than for those who are not. In the last full year for which data are available, about 0.3% of residents were charged with a serious further offence. In addition, in many cases, prompt action is taken to recall offenders to custody before they can commit further offences.

The challenge is that communities where approved premises are situated understandably have concerns about being near offenders, especially those who have previously committed serious crimes and sexual offences. I hear and entirely understand my hon. Friend’s concerns that people are unhappy when they find they are living near somewhere where those who have done dreadful things are temporarily housed.

However, the alternative to offenders living in approved premises is not that they stay in prison. These people have been released from prison because they have served their custodial terms and they must be accommodated somewhere in the community. If they were not in approved premises, they would be somewhere else—somewhere less controlled and less suitable. The result would not be that there were no sex offenders in the community. Rather, there would still be sex offenders in the community, but not so obviously, so it would be much more difficult to provide effective supervision for them.

In the past, when we did not use approved premises as we do now, serious offenders leaving jail were much less effectively supervised. Too often, that included them being put in temporary accommodation, such as bed and breakfasts, alongside some of our most vulnerable families. Tackling that situation was the right thing to do.

My hon. Friend raised concerns about whether these approved premises are in the right place and about its history, so let me say clearly that the safety of the public is our first concern. Clearly, offenders returning to the community must go somewhere, but every offender is placed in every approved premises with a proper individual risk assessment.

Where any offender under statutory probation supervision, including one residing in an approved premises, is charged with a serious further offence, the supervising probation trust is required to undertake a rigorous review of the management of the case, but that was not the case in the circumstances that my hon. Friend raised. He told us that Walsall children’s services, no doubt prompted by his inquiry, became concerned that an individual was at risk. The director of children’s services wrote to the agencies involved and copied that letter to my hon. Friend and local councillors before there was a chance to review the case formally through MAPPA. She was clearly concerned that prompt action needed to be taken, and I am happy to look at the circumstances of the case to understand what happened. However, it is obviously of some satisfaction that necessary action was taken. The substantive result was that the offender was moved to another approved premises in the west midlands probation trust area, and no offence has been committed.

My hon. Friend may believe that the MAPPA process must have fallen short if the director had to behave in that way—

[Mr Mike Hancock (in the Chair)]

Order. I am sorry, Minister, but I have to interrupt you, because time has caught up with us.

Prisoners: Females

Crispin Blunt Excerpts

Tuesday 7th June 2011 Ministerial Corrections

[Mrs Grant]

To ask the Secretary of State for Justice how many female inmates on the prison estate have access to (a) games consoles and (b) television; and if he will make a statement.

[Official Report, 26 April 2011, Vol. 527, c. 170-71W.]

Letter of correction from Mr Crispin Blunt:

An error has been identified in the written answer given to the hon. Member for Maidstone and The Weald (Mrs Grant) on 26 April 2011. The list of prisons that provide games consoles for shared use in women's prisons omitted one establishment. The full answer given was as follows:

[Mr Blunt]

It is not possible to the give exact number of prisoners who have access to televisions and games consoles, as this changes constantly. There are currently 4,241 (at 8 April 2011) women in prison in England and Wales, and most of them have access to television. Her Majesty's Prisons Askham Grange, Bronzefield, Eastwood Park, Holloway, Low Newton and New Hall do not allow access to television where prisoners have been placed on the basic level of the Incentives and Earned Privileges scheme (IEPS).

Prisoners on the enhanced level of the IEPS are allowed to have certain games consoles in possession if they pay for them themselves. The National Offender Management Service does not collect centrally the numbers of prisoners who choose to do this and there would be disproportionate cost in obtaining this number. In addition, a very small number of consoles have been purchased for shared use in association by prisoners on the enhanced level of the IEPS at the following establishments: Askham Grange, Downview, Eastwood Park, New Hall and Styal. At Bronzefield, there is a games console in the Healthcare Centre.

The correct answer should have been:

[Mr Blunt]

It is not possible to the give exact number of prisoners who have access to televisions and games consoles, as this changes constantly. There are currently 4,241 (at 8 April 2011) women in prison in England and Wales, and most of them have access to television. Her Majesty's Prisons Askham Grange, Bronzefield, Eastwood Park, Holloway, Low Newton and New Hall do not allow access to television where prisoners have been placed on the basic level of the Incentives and Earned Privileges scheme (IEPS).

Prisoners on the enhanced level of the IEPS are allowed to have certain games consoles in possession if they pay for them themselves. The National Offender Management Service does not collect centrally the numbers of prisoners who choose to do this and there would be disproportionate cost in obtaining this number. In addition, a very small number of consoles have been purchased for shared use in association by prisoners on the enhanced level of the IEPS at the following establishments: Askham Grange, Downview, East Sutton Park, Eastwood Park, New Hall and Styal. At Bronzefield, there is a games console in the Healthcare Centre.

JUSTICE

Crispin Blunt Excerpts

Tuesday 24th May 2011 Commons Chamber

Andrew Percy

- Hansard - - Excerpts

Again, I entirely agree. Those three interventions illustrate the cross-party support for the campaign.

Although the award to the Bennett family was made 18 months ago in the Turkish courts, no funds have been made available to them. They are exceptional in pursuing international litigation, which, as we know, is incredibly complicated and beyond the means of most people. That is why victims were delighted when, in October 2005, the former Prime Minister Tony Blair told the House:

“officials are considering the possibility of introducing a scheme to provide compensation for…UK victims of terrorism”

—crucially—

“ wherever that may happen.”—[Official Report, 19 October 2005; Vol. 437, c. 839.]

It took a long time for that pledge to be fulfilled, and victims and their families continued to campaign. They worked successfully with some of the Members whom I named earlier to establish the humanitarian assistance scheme, and in 2010 the then Home Secretary and Justice Secretary provided for a statutory compensation scheme as part of the Crime and Security Act 2010. That would have enabled victims to be compensated with tariffs identical to those offered by the criminal injuries compensation scheme. Subsequently, 37 survivors of terrorist attacks abroad were written to and informed that they would be eligible to claim. Sadly, however, the change of Government has delayed the process somewhat, and the picture is a little unclear. Families are not sure where we are heading.

May I ask my hon. Friend the Minister what progress has been made with the review that was announced some time ago, whom is he consulting, and when he will make a statement to the House on the issue? Will the issue of the retrospective ex gratia payments promised to existing terror victims and their families be settled at the same time as the review of any future statutory compensation scheme? Will he confirm that the Government accept the principle that terrorism is distinct from other forms of crime, and that Her Majesty’s Government have a responsibility to our citizens who are attacked overseas on the basis of their nationality? Finally, may I urge the Minister to address this matter quickly, so that victims and their families receive the justice that they deserve?

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

- Hansard -

I shall address each of the issues raised in turn. My hon. Friend the Member for Birmingham, Yardley (John Hemming) again raised an important issue that has featured prominently in the press in recent days and weeks. Freedom of speech is a cornerstone of our democracy, and it is of the greatest importance that people should be able to discuss and debate issues as freely and openly as possible—and as frequently as possible, I might add as I am returning to the Chamber to discuss this matter again following yesterday’s performance.

As my right hon. and learned Friend the Attorney-General said in response to yesterday’s urgent question, there is a balance to be struck when the issues concerned relate to a person’s private life. That has always been the case, and now, in the current context, the European convention on human rights specifically establishes the article 8 right to respect for private and family life, alongside the right under article 10 to freedom of expression.

John Hemming

- Hansard - - Excerpts

On the specific question, does the Minister agree that it is unreasonable for an anonymous person to apply to commit another anonymous person in a secret hearing?

Mr Blunt

- Hansard -

I want to make sure that I approach this matter carefully.

In each individual case, the courts have to consider the balance between the two competing rights I have just mentioned. In addition, when considering whether to grant a civil remedy or order, such as an injunction, which affects the convention right to freedom of expression, the courts have to take into account section 12 of the Human Rights Act 1998, which requires particular regard to be given to the importance of that right.

I should also explain that injunctions preventing reporting or disclosure of information may be granted for a number of reasons, and not just for the protection of privacy. They might, for instance, be granted for the following reasons: to protect documents subject to legal professional privilege or commercial secrets; to prevent the release of other information obtained by a party in confidence; to protect children or vulnerable people; or to prevent the release of information about an order freezing the assets of a person suspected of fraud where that might alert other participants in the fraud and lead to them disposing of assets or leaving the country.

The report of the Master of the Rolls’ committee on the procedural aspects of super-injunctions and anonymity injunctions published last Friday makes an important contribution to the debate on these issues, particularly in the context of the debate on privacy. The report reaffirms that open justice is a fundamental constitutional principle, and that exceptions to it are permissible only to the extent that they are strictly necessary in the interests of justice. Such decisions will necessarily be made in each particular case, dependent on the facts of that case. The report suggests that when that is necessary, the facts of the case and the reason for secrecy should be explained, as far as possible, in an openly available judgment. It also emphasises that super-injunctions—which is where the fact that there is an injunction has to be kept secret as well as the substantive issues—are now being granted only for very short periods where secrecy is necessary to ensure that the entire point of the order is not destroyed. That should help to allay concerns both that super-injunctions were being granted far too readily and about their potential open-endedness.

The Government welcome the report by the Master of the Rolls, which contains important recommendations that will ensure that injunctions are granted only where strictly necessary. We recognise the importance of striking the correct balance between individual rights to privacy on the one hand and rights to freedom of expression and transparency of official information on the other.

As the Attorney-General also said yesterday, the Prime Minister has written to the Chairmen of the Justice Committee and the Culture, Media and Sport Committee recommending that a Joint Committee of both Houses be established to consider how current arrangements might be improved. The Justice Secretary and the Culture Secretary will liaise with those Chairmen regarding the terms of reference of the Joint Committee. Such a Committee will be able to use representation from both Houses and the considerable expertise that Select Committees have, to examine the way in which the current arrangements are working and to consider whether we might make any changes to make things work better. That is where matters stand now.

I shall now discuss the welcome speech made by my hon. Friend the Member for Broxtowe (Anna Soubry) on the importance of the magistracy. I wholly agreed with the general drive of it. This year sees the 650th anniversary of the enshrining in statute of the role of justice of the peace by King Edward III in Westminster Hall. The role has changed a great deal over time. Indeed, it was not until the first half of the 19th century that non-conformists and Roman Catholics could become magistrates, and not until the early 20th century that the property qualification for magistrates was removed. From its long and rich historical roots, the magistracy has developed into a fundamental civic institution at the heart of our criminal justice system, and there are 27,000 magistrates in England and Wales today.

Our magistrates are ordinary people from all walks of life who do extraordinary work on behalf of us all. As my hon. Friend said, they deal with the vast majority—95%—of criminal cases in England and substantial amounts of civil work. They are people who care passionately about their communities and the value of the rule of law. What makes magistrates all the more remarkable is that such a vital part of our justice system is composed of unpaid part-time volunteers. They are a very important part of the big society in action.

I wish briefly to discuss how the Government want to consider developing the role of magistrates further, not least in respect of restorative justice. As my right hon. Friend the Minister for Policing and Criminal Justice has said,

“restorative justice is a reflection of what we are talking about when describing the Big Society....This is about taking justice out of the narrow confines of the courts and putting it into the community”.

There can be no better expression of justice grounded in the community than magistrates, who are the epitome of justice for the community by the community. As our recent Green Paper “Breaking the Cycle” set out, we are committed to increasing the range and availability of restorative justice approaches to support reparation in the adult and youth justice systems.

Neighbourhood justice panels bring together community volunteers, offenders and victims, harnessing restorative techniques to broker justice outcomes. I would very much welcome the greater involvement of the magistracy in institutions such as neighbourhood justice panels, but we can also successfully extend a role for the magistracy in the entire panoply of elements that deliver justice in the community.

My hon. Friend the Member for Broxtowe mentioned the retirement age. The Government recognise that at 70 the majority of judicial office holders will be mentally and physically equal to the demands of the work. However, following careful consideration, including discussion with the senior judiciary, it was decided that the current mandatory retirement age should remain. So I am afraid that I cannot offer any comfort for Mr Plumb, despite the date and the ward on which he was born.

The Government are reviewing the travel and subsistence allowances paid to magistrates, with the aim of ensuring that they are not disadvantaged financially because of their important public service while also getting the best and appropriate value for money for the taxpayer. The Courts and Tribunals Service will meet representatives of the Magistrates Association and the National Bench Chairmen’s Forum, and the senior presiding judge, on 15 June to discuss how to develop a new approach to magistrates allowances, and no decisions have yet been taken.

I congratulate my hon. Friend the Member for Brigg and Goole (Andrew Percy) on making his contribution about the victims of overseas terrorism. This is a difficult and emotive issue. I know that there is continuing interest in this area, to put it mildly, and several hon. Members have raised the matter recently. As my hon. Friend the Member for Grantham and Stamford (Nick Boles) said, I recently met his constituent Trevor Lakin and Nigel and Will Pike with him. Mr Lakin lost his son Jeremy in the Sharm el Sheikh bombing in 2005 and Will Pike was paralysed as a result of injuries sustained following the attack on the Taj Mahal hotel in Mumbai in 2008. Through my hon. Friend, I heard first hand about the devastating impact that terrorism has had on them and continues to have on their lives and on the lives of their families. They shared with me their experiences of terrorism abroad and their frustration and disappointment at the lack of support available to victims after they return home.

Terrorist crime is usually indiscriminate and devastating and usually comes without warning. Its impact can be horrific, not just for the victim but for the victim’s family and loved ones. My deepest sympathies, and those of the whole Administration, go out to all those who have suffered in that way or who have lost loved ones through such tragedies.

Since the spending review settlement, the Ministry of Justice has been reviewing the services available to victims, witnesses and their families. We are also considering afresh proposals for the introduction of schemes to compensate eligible victims of terrorism overseas. We expect to be able to make an announcement before the summer recess.

My hon. Friend the Member for Brigg and Goole mentioned support for victims overseas, as did the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Gregg McClymont), who made an intervention on that point. Her Majesty’s Government stand behind our people overseas; for those who have not had dealings with the system, coming across it in the wake of an appalling experience is difficult and distressing. To alleviate some of this distress, we have revisited the support available to British victims caught up in terrorist attacks abroad. The exceptional assistance measures scheme run by the Foreign and Commonwealth Office provides immediate assistance with air fares, accommodation and repatriation for victims and their families. From 16 December last year that help has been available to all British victims regardless of their travel insurance arrangements.

Let me point out that according to the Association of British Insurers, 66% of existing policies cover such attacks, but are mostly limited to overseas medical expenses, repatriation costs and a lump sum for personal accident cover. Furthermore, the Red Cross relief fund for victims of terrorism abroad continues to provide emergency funds of up to £15,000 for those who suffer injury or are bereaved through terrorism and normally live in the UK. The fund was begun with £1 million of funding provided under the previous Administration.

Families bereaved as a result of overseas terrorism may also be assigned a specialist family liaison officer by the police. The officer is specially trained and acts as a single point of contact for bereaved families. The officer will answer questions, seek to obtain updates on case progress overseas and provide dedicated one-to-one support for the family.

I appreciate that dealing with the consequences of any crime is anything but easy. There are services on offer to help guide people through the justice process and to provide emotional support, but there is still more to do. There are challenges in the current system in ensuring that the support given is the right support, and that it is offered quickly and to the right people. That is why I and my colleagues in other Departments are working to improve the services that we can provide. We are working to ensure that central Government, local authorities, voluntary organisations and local communities link together to provide joined-up support to victims and families. I look forward to being able to give the House more details about the Government’s proposals soon, and I anticipate that that will be before the summer recess.

Sentencing

Crispin Blunt Excerpts

Monday 23rd May 2011 Commons Chamber

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

I am grateful for the chance to have a few minutes to reply to the debate and to present a set of arguments to explain why the Opposition motion is a good example of how not to debate or approach public policy in this area. It was my answer to a question here last Tuesday from the right hon. Member for Blackburn (Mr Straw) that led to the debate last week and, as that has developed and as we have heard this afternoon, there is a growing appreciation and understanding that the simplicity of the Opposition motion cannot do justice to the complexity of the issues and factors we must reconcile. The motion is outside any proper context and is premature, prejudging proper consideration of our policies as a whole. It is also rather instructive that it has come forward after a prompt from media coverage and the right hon. Gentleman. I would have thought that our policy inheritance from the previous Government would have given today’s Opposition Front-Bench team pause for thought before they tabled the motion.

A real reason for regret is that the Opposition motion indicates that a window might be closing on a unique opportunity for Parliament to show collective leadership in a difficult, complex area that is wide open to misrepresentation. We might be missing an opportunity to engage in a responsible debate and support a process in which policy is agreed on the basis of the evidence for its enduring benefit, not designed to deliver maximum short-term appeal, with evidence arranged to suit. Such support requires an exercise of principle and restraint from all of us.

[Mr George Howarth]

rose—

[Mr Blunt]

I must apologise to the right hon. Gentleman but in order to reply to those who have contributed to this debate, himself included, I will not be able to take interventions if I am to do justice to the speeches that have been made.

Last year, when the right hon. Member for Doncaster North (Edward Miliband) distinguished his leadership campaign, so successfully managed by the shadow Justice Secretary, by taking a sensible position on criminal justice, moving away from the populist approach of the previous 13 years, it was greeted with enormous relief by many Labour supporters with a deep and continuing interest in criminal justice. As my hon. Friend the Member for Ipswich (Ben Gummer) reminded us, the right hon. Gentleman reiterated the position at his party conference speech immediately after his election as leader. So I hope sincerely that we can sustain a level of examination of these issues in this House that we can be proud of in the years to come and not just regret a unique period when we had a great chance of delivering a more effective criminal justice policy of some durability but bottled it. Happily, a number of speakers did actually make a constructive contribution this evening.

[Karl Turner]

rose—

[Mr Blunt]

As I have explained, if the hon. Gentleman wants me to reply to his remarks, I am not going to be able to give way.

The hon. Member for Bishop Auckland (Helen Goodman) said that we did not know the facts, but I wish to use this occasion to correct one or two mistakes of the shadow Justice Secretary. First, sentences of imprisonment for public protection—IPPs—are not automatic for rape sentences. He was also not wholly accurate on the release conditions for all those 80,000 people released 18 days early; the process was automatic to a set of criteria and no individual risk assessment was carried out. The hon. Lady also referred to the cuts to the probation trusts, but they are Labour cuts; they are the plans that the probation trusts were putting in place and they were in place under the previous Administration with the establishment of the probation trusts in the first place.

The right hon. Member for Knowsley (Mr Howarth) complimented the style of the Secretary of State and I am grateful for that. He also drew attention to public attitudes in this area. My right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), who chairs the Justice Committee, made it clear that the aims of our policy were sensible, and I am grateful for that support. He raised perfectly proper questions about the detail of our proposals, and they will have to be properly addressed when our proposals are brought forward.

The hon. Member for Birmingham, Selly Oak (Steve McCabe) made a good contribution, accepting our sincerity, and I wish to compliment him on his. He agreed with the Lord Chancellor on wanting to see how this policy will be deployed in detail, but his contribution would have been more credible if he had been waiting for the policy to be considered in detail and not just supported the motion.

My hon. Friend the Member for Shipley (Philip Davies) is, of course, wholly consistent in his position and I compliment him on that. I continue to be grateful to him for his attention to detail in this area and for putting us to a proper test of the evidence. He very properly raised issues about the effects of incarceration that must be addressed and we must consider the evidence from around the world. I have engaged with him on this issue and will continue to do so.

The hon. Member for Slough (Fiona Mactaggart) was just a little ungracious about our women offender policy. She was at the debate the other week, which was answered for me by the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly) while I was visiting Wakefield prison, and she was at the reception for the Corston independent funders’ coalition at which I made it clear that we were continuing the policy that she and other Ministers had begun. Indeed, we have been complimented and congratulated by lobby groups in that area and I am grateful for the support of my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) in that regard, too.

I am afraid that the hon. Member for Llanelli (Nia Griffith) totally misrepresented the views of my right hon. and learned Friend the Justice Secretary. My hon. Friend the Member for Broxtowe (Anna Soubry) made a powerful contribution with strong words about the consequences of the sentencing policy we inherited. I appreciate her authoritative and strong support for the Green Paper proposals.

When we return after the Whitsun recess, the Government will present our response to the consultation on our proposals in “Breaking the Cycle” and at the same time we will publish our proposed legislation on legal aid and sentencing. We need to remember what we are trying to achieve by reinforcing our proposals for effective punishment and rehabilitation through our proposed legislative changes. The comprehensive package delivers appropriate punishment, which can carry confidence, of offenders in prison and the community. It sits with the delivery of public protection today through imprisonment and in the community through curfews, tagging, oversight and reporting requirements and with the delivery of public protection tomorrow through breaking the cycle of crime for today’s offenders with effective rehabilitation and early intervention to help prevent people from becoming offenders in the first place, getting proper restoration for victims from offenders and supporting victims and witnesses through the justice process. An important element of that involves obtaining more and earlier guilty pleas.

The merits of an early guilty plea are substantial and bring a number of discrete benefits. The first is early relief for the victim as the ordeal of the crime and of reporting it will not be compounded by months of waiting to give evidence with all the attendant anxiety. Secondly, taking some of the pressure off victims and witnesses will enable us to bring more offenders to justice. Thirdly, the police can make savings in investigatory time and effort and the Crown Prosecution Service can save considerable process time. Fourthly, the offender will possibly make considered reparation to the victim, perhaps through a restorative justice process that can deliver a measure of real accountability to the victim as well as to society. Fifthly, there will be earlier identification and engagement with appropriate rehabilitation to address the underlying causes of offending behaviour. Sixthly, of course, the administration of justice is an expensive obligation for the taxpayer and the state and if offenders co-operate with that process from the earliest opportunity, the taxpayer is saved expense, which must be welcome in this financial climate.

What we do here is for the future, and I have not seen it better expressed than it was last week by a student, Felix Danczak, writing in Cambridge university’s Varsity newspaper:

“Debate drives society—it is only through engaging with issues that we progress, gain new understanding and recognise nuance. Vilifying Mr Clarke, without a prior critical engagement with the issues at stake, is to leave us at the mercy of a polity driven only by the fear of scandal, unwilling to make substantive changes lest their rolling heads be paraded above the fold. If we want change, if we want positive development in society, we too need to recognise the importance of complexity.”

We have a duty to that generation that we will abrogate if we do not rise to the challenge of the complexity of policy in this area. The motion does not do that and if the Opposition insist on pressing it to a Division, I must ask the House to resist it.

Question put (Standing Order No. 31(2)), That the original words stand part of the Question.

Oral Answers to Questions

Crispin Blunt Excerpts

Tuesday 17th May 2011 Commons Chamber

[Nicky Morgan (Loughborough) (Con)]

1. What plans he has for the use of restorative justice to reduce the level of offending; and if he will make a statement.

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

We are committed to increasing the use of restorative justice throughout the criminal justice system. Restorative justice should play a part in activities ranging from informal disposals administered by front-line police officers to enabling serious offenders to face up to the consequences of their actions. There is growing evidence of its potential to cut reoffending and crime, and to enhance the role of victims in the delivery of justice.

[Nicky Morgan]

Charnwood council’s reducing reoffending scrutiny panel has been considering how to promote restorative justice locally. One of the problems that it has identified is that offenders are often released on Fridays or at weekends with no practical support. Before it can get around to worrying about restorative justice, we need to know what the Ministry can do to ensure that offenders are given the practical support that they need when they join the community.

[Mr Blunt]

My hon. Friend has raised a valid operational concern about Friday releases. However, holding prisoners whose statutory release date falls at a weekend until the following week is unlawful, and we do not think it right for prisoners to be let out early: they should serve the custodial period required by law. Our duty is to manage the operational issue of Friday releases. That includes ensuring that all prisoners are properly prepared for release, and implementing restorative justice as part of that preparation where appropriate.

[Gloria De Piero (Ashfield) (Lab)]

My constituent Gary Thrall was left for dead after a vicious knife attack last year. His first contact from Victim Support came five weeks later, when it was suggested that he might like to meet some knife attackers. Does the Minister agree that that is a gross misuse of restorative justice, and what can he do to ensure that the same thing does not happen to other people?

[Mr Blunt]

I read about that case in the papers. It is plainly important for restorative justice to carry the confidence of victims. They should not be placed in a position in which they are required to take part in restorative justice disposals; restorative justice should be a right for them to exercise when they see fit, and when it is clearly in their interests to do so.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Is the Minister aware that many victims greatly value the restorative justice process, because it brings the person who has caused them harm face to face with the harm that he has caused? Does the Minister recognise the need for it to be mainstreamed into the system rather more than it is at present? There are many areas in which it is currently not available to benches and courts.

[Mr Blunt]

I entirely agree with my right hon. Friend. It is important to bear in mind that restorative justice is a right for victims. I believe that if, in the circumstances described by the hon. Member for Ashfield (Gloria De Piero), a victim wished to exercise the right to engage in restorative justice and to demand an account from an offender who was pleading guilty or had been found guilty, he or she should have the opportunity to do so. The victim impact statement, as part of the restorative justice process for the benefit of the victim, must become a much clearer element of our justice system.

[Helen Goodman (Bishop Auckland) (Lab)]

I agree with the Minister that restorative justice can be a positive intervention, and I was pleased to be able to attend a restorative justice session in Wormwood Scrubs organised by volunteers from the Prison Fellowship on 28 March. Unfortunately, however, it was the last such session to take place in a prison in the London region. Can the Minister explain why that is, given that it is agreed that restorative justice can be an effective intervention? Is this yet another example of the gap between rhetoric and reality?

[Mr Blunt]

No, it is not. The hon. lady is referring to a decision by the management of London prisons, which are principally local prisons, to focus on short-term offenders who are incarcerated in London as well as in local prisons supporting the courts. We are going to change the system so that restorative justice is embedded in the criminal justice process from beginning to end. The hon. Lady supported her party for a very long time in trying to get that done. I assure her that we shall absolutely deliver it.

[Mr John Whittingdale (Maldon) (Con)]

2. If he will estimate the number of existing injunctions granted on the grounds of invasion of privacy.

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[Steve McCabe (Birmingham, Selly Oak) (Lab)]

4. When he plans to bring forward proposals on the future of sentencing.

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

In December 2010, the Government set out proposals for more effective punishment, rehabilitation and sentencing of offenders in the “Breaking the Cycle” Green Paper. We are finalising our response to the views expressed during the consultation and will publish it shortly. That will be followed by the publication of the legislation required to implement our proposals.

[Steve McCabe]

I am grateful for that answer. Is it the Government’s view that someone who breaks into a person’s house and threatens violence should automatically receive a prison sentence, irrespective of whether it is a first offence?

[Mr Blunt]

It is the Government’s view that justice should be done, and that is best done by judges taking into consideration the circumstances of every individual case. There will be circumstances in which Parliament has made clear its views in legislation. As a former Parliamentary Private Secretary to the Home Secretary, the hon. Gentleman will well understand that. He will also well understand the potential for miscarriages of justice if this place chooses so to tie the hands of judges that they are not able to exercise justice in the individual cases that come before them.

[Mr Robert Buckland (South Swindon) (Con)]

There are a lot of noises off about this Government’s sentencing policy, but is not the reality that the simple aim of that policy is to reduce reoffending and to protect the public, and that nothing more need be said?

[Mr Blunt]

Yes.

[Mr Jack Straw (Blackburn) (Lab)]

At present, a defendant entering an early guilty plea will earn up to a third off the sentence that would otherwise apply. The Government are proposing to replace that with a discount of a half, a move which is opposed by the judiciary and many others. How on earth will giving a half off a sentence help to protect the public?

[Mr Blunt]

I would have thought that a moment’s reflection would make that clear. Let us suppose that someone who is accused of rape co-operates with the authorities at the first opportunity, rather than puts their victim through the entire process of having to be prepared to give evidence and then having to give evidence. That is one example where there is a definitive benefit to the victim from encouraging the earliest possible guilty plea.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

Does my hon. Friend agree that short-term prison sentences for women are quite ineffective and that robust community options would be much better?

[Mr Blunt]

As my right hon. and learned Friend the Justice Secretary made clear last year, there are of course problems with short prison sentences for both male and female offenders. We will not take away from the judiciary and magistracy the ability to use short sentences when required, but we need to ensure that community sentences that are properly robust and properly punitive can carry public confidence as an appropriate option, particularly for women offenders who frequently have wider responsibilities in the community that would be lost if they were incarcerated.

[Nick Smith (Blaenau Gwent) (Lab)]

5. How many foreign national prisoners he expects to return to their country of origin to serve their sentences in 2011-12.

[Mr David Hanson (Delyn) (Lab)]

17. How many foreign national prisoners he expects to return to their country of origin to serve their sentences in 2011-12.

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

In 2010, 5,235 foreign national prisoners were removed or deported from the UK. The number of foreign national prisoners has reduced by 622 since 31 March 2010 to the present figure of 10,745. The number of foreign prisoners transferred through prisoner transfer arrangements remains regrettably low due to the voluntary nature of most of our existing arrangements. We expect about 60 prisoners to be transferred in 2011-12 to serve their sentence and for the number of transfers to rise progressively as the European Union prisoner transfer agreement enters into force.

[Nick Smith]

The Prime Minister vowed to repatriate thousands of foreign prisoners. How many foreign national prisoners have been repatriated in the past six months and how many does the Minister expect to repatriate in the coming 12 months?

[Mr Blunt]

I just told the House that in 2010 we repatriated 5,235. I would imagine that we will repatriate a similar or larger number next year.

[Mr Hanson]

On 2 June, in answer to his hon. Friend the Member for Kettering (Mr Hollobone), the Prime Minister said:

“I have asked the Home Secretary to work with the Foreign Secretary to draw up agreements with as many countries as possible”.—[Official Report, 2 June 2010; Vol. 510, c. 434.]

Will the Minister update us on which new countries he has drawn up agreements with in the 11 months succeeding that date, what agreements have been finalised and, while he is at it, whether three and a half years after I began negotiations we finally have an agreement with Nigeria on repatriation?

[Mr Blunt]

I regret to inform the right hon. Gentleman that we are still waiting for the Nigerians to complete their legislative processes, but that is in process and I am delighted to report to him that we have every expectation that it will be brought to a conclusion. As the right hon. Gentleman knows, we do not control both sides of a negotiation and we have to ensure that we have partner countries that will agree to compulsory transfer. He, of all people in this House, is well aware of how difficult that is. That does not mean that we will not try to improve on the dreadful performance of the previous Administration.

[Jessica Morden (Newport East) (Lab)]

6. When he expects to bring forward legislative proposals for the reform of legal aid.

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[Mark Menzies (Fylde) (Con)]

10. What steps his Department is taking to involve the charity sector in prison-based initiatives.

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

The National Offender Management Service is committed to opening commissioning to all sectors. The Green Paper and the Ministry of Justice business plan for 2011 to 2015 set out that we will no longer provide rehabilitation services directly without testing where the private, voluntary and community sectors can provide them more effectively.

[Mark Menzies]

It is likely that many of the contracts for the rehabilitation of offenders will be placed with large providers, but what steps is the Minister taking to ensure that the charities and small-scale providers that do a lot of valuable work in that regard are being rewarded under payment by results?

[Mr Blunt]

The value of what is done by charities and the voluntary sector in the rehabilitation of offenders cannot possibly be overstated. There are thousands of groups and tens of thousands of people who want to engage with us to deliver the rehabilitation of offenders because it is the right thing to do. With a system now focusing on outcomes rather than inputs, it would be fairly foolish to ignore the capacity of this great army of auxiliaries to help us deliver rehabilitation.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Barnardo’s is working with G4S Parc prison in my constituency, along with a range of other partners, to look at the Parc supporting families scheme and the family intervention unit, which take the most difficult and prolific offenders and work with them to bring change. I invite the Minister to come to Bridgend to see how that work is changing outcomes, changing the opportunities for rehabilitation, bringing security for communities and reducing reoffending. It is an excellent example of the schemes that we are looking for.

[Mr Blunt]

I am very grateful for the hon. Lady’s invitation. I have visited all the prisons in Wales, but I have rather more of the estate to get around before I have seen them all. I am anxious to hear about the kind of scheme she describes. I see examples of good practice all over the country of people working very hard in both the prison and probation services to engage other organisations, as she has described, and help the rehabilitation of offenders.

[Chris White (Warwick and Leamington) (Con)]

11. What steps he is taking to improve rehabilitation for those convicted of drug offences.

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

Our proposals on the rehabilitation of drug-misusing offenders were published in a Green Paper, “Breaking the Cycle”, in December 2010. These include: ensuring that sentencing helps offenders to come off drugs; piloting drug recovery wings in prisons; supporting the Department of Health in developing payment-by-results drug recovery pilots; and testing options for intensive community-based treatment for both female and male offenders.

[Chris White]

Between 2005-06 and 2009-10, there was a 24% rise in the number of drug offences committed in Warwickshire. There is clearly a need for improved levels of rehabilitation for those who have suffered from drug addiction. The charitable, voluntary and social enterprise sectors are often best placed to provide this support. Will the Minister therefore tell the House what work he is doing to engage with those sectors to deliver better support and improve rehabilitation while at the same time reducing drug-related crime?

[Mr Blunt]

My hon. Friend has pointed clearly to a consequence of the failure to rehabilitate offenders effectively, which should have happened under the previous Administration. That is why we are engaged in what we are calling a revolution in rehabilitation. As I said in answer to my hon. Friend the Member for Fylde (Mark Menzies), we will have to ensure that we engage the full capacity of the voluntary and charitable sectors, in co-operation with the state sector and the private sector, in order to maximise our capacity to deliver and to focus them on outcomes rather than inputs.

[Dr William McCrea (South Antrim) (DUP)]

Has the Minister seen the headline in a national newspaper today stating that drug addicts are pocketing benefits amounting to more than £1 billion every year? Does he accept that the welfare system needs to be reformed to give addicts help in the form of treatment, rather than funding their addiction, and how does he see such a proposal being taken forward?

[Mr Blunt]

That is an extremely important part of effecting the rehabilitation of offenders. The number of offenders whose offences are drug-related is very substantial, so in conjunction with the Department of Health we are examining and introducing pilots on the whole treatment of drug addiction in the community. Many offenders will enter those pilots and then, I hope, the scheme when we roll it out system-wide by the end of the Parliament. We are also examining with the Department of Health how we treat people in prison in order to ensure that we are much more focused on abstinence as well. I fear I may exhaust the patience of Mr Speaker if I go on.

[Simon Kirby (Brighton, Kemptown) (Con)]

14. How much his Department spent on legal aid for cases concerning immigration in the latest period for which figures are available.

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[Margot James (Stourbridge) (Con)]

15. What recent discussions he has had with the Commissioner for Victims and Witnesses on support for victims of violent crime; and if he will make a statement.

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

The Commissioner for Victims and Witnesses and the Justice Secretary are in regular contact. The commissioner has just completed her first year in post, working to a set of priorities agreed last year with my right hon. and learned Friend following a meeting with him. These included looking at the most effective provision for people bereaved by murder and manslaughter, and improving the treatment of young victims and witnesses.

As Minister with responsibility for victims policy, I have met the commissioner twice formally and on other occasions informally. We discussed and continue to discuss support for victims of violent crime as well as all other aspects of policy relating to victims and witnesses.

[Margot James]

In Stourbridge we have a good Victim Support service, staffed largely by volunteers, but it operates on something of a shoestring, which affects awareness and its potential for partnership working. Does my hon. Friend agree that there should be some shift of resource in the system towards Victim Support?

[Mr Blunt]

I pay tribute to Victim Support, which plays an extremely valuable role in supporting victims and witnesses throughout the country. This year we agreed a funding deal with it, involving a grant of £38 million every year for three years, giving it greater financial security. Victim Support is also able to bid for additional money for local projects from the £18.5 million victims general fund, for which we invited bids this year. Overall, the Ministry of Justice is committing more money to the victims voluntary sector this year than last year, which of course, in the dreadful financial circumstances that we inherited from the previous Administration, shows our priorities.

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

The Government talk a really good game about supporting victims, but the reality is that under cover of a review the British Crime Survey is cutting questions on victims’ views, the witness and victim experience survey has ended and Her Majesty’s Courts Service’s court-users survey is coming to an end. We need to listen more to the victims of crime and put them at the heart of our judicial system, so can we have an assurance that the Secretary of State will reinstate survey questions or, indeed, improve on them, and not push under the carpet the experiences of victims and witnesses of how the British legal system operates?

[Mr Blunt]

There we have it—a demonstration of acquiring inputs, measurements and targets rather than focusing on outputs. The last thing that we do, as the hon. Gentleman knows perfectly well, is ignore victims. When we come forward with our strategy for victims and witnesses, he will see the extent of our commitment to ensuring that victims and witnesses are properly supported in the justice system.

[Jessica Lee (Erewash) (Con)]

16. What recent discussions he has had with the Secretary of State for the Home Department on the removal of foreign national prisoners who are awaiting deportation.

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

I am in regular contact with my hon. Friend the Minister for Immigration, and my officials are in regular contact with their counterparts at the Home Office. The removal of foreign national prisoners awaiting deportation is a mutual priority.

[Jessica Lee]

I am grateful to my hon. Friend for his response. I am sure he agrees that the incarceration of criminals from outside the UK is not a duty owed by taxpayers from Erewash or, indeed, elsewhere throughout the country. The Government’s sentencing Green Paper explores how punishments for foreign offenders could include immediate removal, rather than imprisonment in this country. Will my hon. Friend please update the House on proposals to consider that measure?

[Mr Blunt]

There will very shortly be an opportunity for all right hon. and hon. Members to see our proposals in response to the consultation on the Green Paper, and it would be appropriate to wait until then so that proposals come forward together in a coherent manner. We have to remember that we are dealing with the consequences of an era of inaction when, for example, the Council of Europe additional protocol on the transfer of prisoners was open for signature in 1997 and it took until November 2009 for that lot over there to sign it.

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

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

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[Jason McCartney (Colne Valley) (Con)]

T2. Last month, I visited Kirklees restorative justice team, who, in Kirklees alone, need to keep only two offenders out of prison for a year to cover the whole of their budget. However, does the Minister agree that probably one of the most impressive elements of restorative justice is the immeasurable improvement in victims’ perceptions?

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

I absolutely agree with my hon. Friend. The evidence from Northern Ireland, where a statutory form of restorative justice has been working positively in the youth sector, shows 85% levels of victim satisfaction. The data are getting better regarding the effect of restorative justice on the rehabilitation of offenders, and appear to show at least a 14% improvement if we use it. That is a pretty convincing case for the proper use of restorative justice, quite apart from the financial benefits that my hon. Friend mentioned.

[Nic Dakin (Scunthorpe) (Lab)]

T3. The Secretary of State will be well aware of the tragic loss of five young lives on the secure prison estate in recent months. Will he outline what work he and his officials are undertaking to look into those tragic deaths, and what measures he intends to put in place to prevent future occurrences?

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[Richard Drax (South Dorset) (Con)]

The feeling has been expressed by several sources in the two prisons in my constituency that former members of the armed services are not looked on favourably in Prison Service recruitment. Will the Minister reassure me that that is not the case?

[Mr Blunt]

It will come as no surprise to my hon. Friend, given our mutual background, that I would regard such discrimination against former members of the armed services as wholly unacceptable. If prison officers can produce evidence for that, I would be extremely interested to receive it.

[Lindsay Roy (Glenrothes) (Lab)]

T8. The Crime and Security Act 2010 received Royal Assent more than a year ago. How much longer will victims of overseas terrorism have to wait to receive their compensation? Those victims include Will Pike, who will spend the rest of his life in a wheelchair, following injuries sustained in the Mumbai terrorist attacks in 2008.

[Mr Blunt]

I saw Will Pike and his father last week along with another representative of victims of terrorism overseas. We are bringing forward proposals on that, and will do so when we bring forward comprehensive proposals on victims, witnesses and criminal injuries compensation.

[Peter Aldous (Waveney) (Con)]

T7. Does the Minister agree that justice is best dispensed through a network of local courts, such as that at Lowestoft in my constituency? Will he provide an assurance that, following the recent round of closures, there are no plans for further rationalisation and that every effort will be made to sustain the existing network of magistrates courts?

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[Ian Lavery (Wansbeck) (Lab)]

Mr Dean, a constituent of mine, is still waiting after three years for full payment of a compensation award from a persistent offender. What action are the Government taking, and what action will they take, against persistent non-payment of compensation awards by persistent offenders?

[Mr Blunt]

I am afraid that we inherited a criminal injuries compensation scheme that was £765 million in debt. That is why we have inadequate funds to pay compensation, and why the payment of compensation in many cases has, regrettably, been delayed. We are trying to repair a system that was bust when we inherited it.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

Recently in my constituency, a convicted sex offender who was automatically released at the halfway point of his sentence reoffended in the most appalling way. Will my hon. Friend agree to meet me to discuss both automatic release for predatory child sex offenders, and whether it is appropriate to house such individuals close to young families, schools, a playground and a park?

[Mr Blunt]

I am very happy to meet my hon. Friend to discuss the individual circumstances of that case. On the face of it, that situation should not have been enabled to happen. There should have been a sensible degree of risk assessment and a proper placement of the individual concerned. I am therefore only too happy to meet my hon. Friend to discuss the details of that case.

Squatting

Crispin Blunt Excerpts

Wednesday 30th March 2011 Westminster Hall

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

I congratulate my hon. Friend the Member for Hove (Mike Weatherley) on securing this debate on a very serious issue. Like him, I have become increasingly concerned about the distress and misery that squatters can cause to commercial property owners and home owners alike. In his excellent contribution, he identified the costs not only to individuals but to wider society, including the costs associated with enforcement by the police, and with all the public agencies that have to clean up after squatting incidents, either through the legal process or literally, when properties have been invaded. There should, therefore, be no doubt about the seriousness with which the issue is taken and the perniciousness of the crime.

I am extremely grateful for my hon. Friend’s compliments about the guidance issued by the Minister for Housing and Local Government and me. My hon. Friend came to it with a proper degree of scepticism about whether it would be of any use. I am extremely grateful that, having examined it, he has referred to its utility. That is only the first stage of the process, so let me take Members through the further action that we are contemplating.

My hon. Friend has not been alone in raising the matter, both directly with me in questions and publicly, with this debate. He is joined by our hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) who came to see me before Christmas to discuss the damage that squatters caused to commercial buildings supervised by one of her constituents. The extent of the damage and the cost to her constituents are appalling. She was accompanied by Steve Cross, head of security for a development company, who made it clear that squatters were costing his company many thousands of pounds because of the direct damage to the buildings, the problems caused to neighbours with loud parties, litter and rubbish, and the amount of time it takes to sort things out—sometimes six to 12 weeks for a court order to be granted and then finally enforced. We all know that the legal process is tricky, particularly for someone coming to it for the first time, and it is almost inevitably expensive, with court costs to be borne as well.

Since Christmas, we have seen a succession of newspaper reports about squatters occupying high-value residential properties in London, and there have been reports on the consequences of squatting in local papers all around the country, including, as my hon. Friend the Member for Hove has said, in his constituency. The situation is not confined to the capital, and I suspect that the picture is similar in other large towns, but we do not have a precise idea of how many squatters there are nationwide. We do know, however, that 360 applications for interim possession orders were made in the civil courts last year. An interim possession order is an accelerated process, specifically designed for evicting squatters. It provides an indicator of how many households are blighted by squatting each year, but that figure is probably only the tip of the iceberg.

It is because we are aware of the misery that squatters can cause that we intend to strengthen the law, and consider how to strengthen its enforcement. I hope that my hon. Friend will bear with me, however, because we are yet to complete the cross-departmental process of analysing our own Ministry of Justice internal suggestions before publishing a formal consultation. We are going through the internal agreement processes. Nevertheless, I would like to leave him with a clear steer on our approach.

[Jim Shannon]

Is there a role for the UK Border Agency here, alongside the police? I am not saying that this is always the case, but I am aware that in some cases squatters might be in the country illegally.

[Mr Blunt]

I certainly hope that if there were any reliable evidence that the people involved were in the country illegally, the UKBA would be engaged in initiating appropriate proceedings to remove them from the United Kingdom. I had not considered that angle in preparing my remarks for the debate, but the obvious answer is yes, one would expect the appropriate authorities—in this case the UKBA—to be properly engaged in exercising their responsibilities, in the same way as they would be in any other circumstance.

We will want to examine the existing squatting laws to see whether they can be appropriately strengthened because, having listened to my hon. Friend the Member for Hove, the issues that were raised at Justice questions yesterday, and the conduct of the whole public debate, it is pretty clear to me where the public are on this issue and I am confident that measures to strengthen the law would have significant support.

[Mike Weatherley]

Is the Minister considering full criminalisation of squatting as part of those measures? In my constituency and elsewhere, there are serial squatters who just move from one property to another when they are evicted. In one instance in my constituency, they kicked a hole in the wall and moved next door. The police are powerless to have any damages or continuing action taken out against the squatters. Without the criminal process, they are just moved on and then do it again.

[Mr Blunt]

That is, of course, one of the things that we are considering, and it has been pointed out that in Scotland squatting is a criminal offence. That offence, however, is extremely widely drawn and for that reason the tariff of punishment is extremely low. It is at the very bottom of the scale—a level 1 offence—with a fine not exceeding £200.

[Mike Freer]

Perhaps I could help the Minister on that point. I understand that squatting is a criminal offence under the Trespass (Scotland) Act 1865, which states that the maximum penalty is a fine or 21 days’ imprisonment. That is a slightly firmer penalty than in the information the Minister has, and I urge the Government to adopt it.

[Mr Blunt]

That might have been the position in 1865, but I am afraid that the Criminal Justice Act 1982 restricted punishment to a fine not exceeding level 1, which is currently £200.

[Mike Weatherley]

It is important to establish that penalties in Scotland are too lenient. The fine is indeed £200 for an offence. The penalty for non-payment of that fine is 21 days.

[Mr Blunt]

I am grateful for that clarification.

Squatting is almost inevitably accompanied by a series of criminal offences, such as criminal damage or breaking into the property in the first place. The improper use of utilities was discussed. Using someone else’s electricity is theft, subject to a maximum sentence of seven years. The unlawful abstraction of electricity is also a criminal offence, with a maximum sentence of five years. There are numerous avenues.

To lay out the picture in the time that I have left, the main criminal law provisions on squatting are set out in sections 6 and 7 of the Criminal Law Act 1977. I will deal with section 6 first, as it has given rise to the popular notion of squatters’ rights. Section 6 of the 1977 Act states that it is an offence for a person to use violence to enter a property where someone inside is opposed to their entry. The offence was designed to stop unscrupulous landlords from using violence to evict legitimate tenants, but its existence has led some squatters to display so-called section 6 notices on the door of properties notifying the property owner that it would be an offence for him to break back in.

The offence does not apply to displaced residential occupiers who break back into their own homes, but it prevents commercial property owners from breaking back into their commercial premises when someone inside objects. One option that we have been considering, therefore, is whether section 6 could be amended to give non-residential property owners the same rights as displaced residential occupiers to break back into their property. We think that that would effectively render section 6 notices meaningless. After my discussions with my hon. Friend the Member for Chatham and Aylesford, I am strongly attracted to that option.

Section 7 of the Act includes an offence that is committed where a squatter refuses to leave a home when required to do so by a displaced residential occupier or a protected intending occupier of the property. Under the current law, the squatter has a defence if they can prove either that they did not believe that the person requiring them to leave was, or was acting on behalf of, a displaced residential occupier or a protected intending occupier, or that the premises were not used mainly for residential purposes and that they were not on any part of the premises used wholly or mainly for residential purposes.

Another option that we are considering is whether that offence could be strengthened to protect other types of property owner, so that owners of non-residential property would have the same protection as displaced residential occupiers. At present it is an offence, for example, for a squatter to refuse to leave somebody’s home, but it is not an offence for them to refuse to leave a person’s place of work. I appreciate that the actions of squatters may cause serious financial hardship in either scenario and am considering whether the law should apply equally to both.

We are examining internally the potential consequences of the available options to ensure that they do not overlap with other areas, such as landlord and tenant matters. The public consultation will give us another opportunity to ensure that our proposals work as we would all wish. The necessity of ensuring that we get it right and of engaging in a proper consultation process means that we will not be able to move as swiftly as I suspect my hon. Friend the Member for Hove would like. We must also identify the appropriate legislative vehicle if legislation is required. No doubt we will hope for right hon. and hon. Friends’ assistance in getting any required legislative changes on to the statute book as soon as is practicable, but that is all for the future and depends on our conclusions.

Each option that I have described could have an impact on the criminal justice system. For example, the police and the Crown Prosecution Service might incur additional costs if asked to enforce new offences. The criminal courts might have to process a greater number of cases, although the impact might be partially offset by a reduction in civil claims. Depending on the penalty imposed for any new offence, there might also be an impact on the prison population. In the current economic climate, we must ensure that such impacts are carefully assessed and shown to be affordable. As I have said, a consultation would assist us in that process. We should be in a position to announce our plans in more detail soon.

Regardless of whatever changes we make to the law in future, we must work closely with enforcement authorities to ensure that existing offences are enforced as effectively as possible. In addition to the offences under the 1977 Act that I mentioned, the police can arrest squatters for offences such as criminal damage, burglary, theft or the unauthorised use of utilities if there is sufficient evidence of guilt. The offences all bear a maximum sentence of imprisonment. The offence of criminal damage has a maximum sentence of three months in less serious cases, rising to 10 years in the most serious cases. Burglary carries a maximum sentence of 14 years for dwellings and 10 years for other properties. For theft, the maximum sentence is seven years, and for the offence of abstracting electricity, the maximum sentence is five years’ imprisonment.

There is another offence that applies to squatters. It is an offence for a squatter to fail to leave a property within 24 hours of being served with an interim possession order and to return to the property as a trespasser within one year of the order. Interim possession orders were introduced in 1995 to make the process of gaining possession of one’s property easier and quicker. They are civil orders, but as I said, they are backed up by a criminal sanction with a maximum penalty of six months’ imprisonment. My officials are in discussions with the police to ascertain whether there are specific difficulties in enforcing those offences and how any potential barriers might be overcome.

We must also ensure that property owners have the information that they need to get squatters out of their properties as quickly and painlessly as possible. That is why we have published new guidance on the Directgov website outlining the circumstances in which squatters should be reported to the police. As my hon. Friend will have seen, the guidance also includes advice on how to apply for a possession order in the civil courts, a process that is alien to many people until they are confronted by the appalling situation of finding their property improperly occupied by squatters.

I thank my hon. Friend for bringing this issue to our attention. This debate is only the latest emanation of concern about it. I have written to many hon. Members from all parties who have raised it with me in correspondence, a series of oral and written parliamentary questions have been asked and hon. Members have sought meetings with me about it, so I am grateful for the opportunity to respond to the debate and to make it clear that the Justice Secretary and I are determined to tackle the issue and to bring relief to the victims of this particularly distressing and pernicious crime.