Oral Answers to Questions

Crispin Blunt Excerpts

Tuesday 29th March 2011 Commons Chamber

[Tony Baldry (Banbury) (Con)]

2. What steps he is taking to increase educational opportunities in prisons.

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

Together with the Department for Business, Innovation and Skills, the Ministry of Justice has undertaken a review of offender learning. Our proposed new approach has received strong support from the heads of learning and skills in prisons, and I hope that when we publish the results of the review, which we will do shortly, my hon. Friend will share their enthusiasm.

[Tony Baldry]

Does my hon. Friend agree that punishment is the deprivation of liberty, and that we should all try to ensure that when people leave prison, the time that they have spent there makes them less inclined to reoffend? Education is an important part of that. The position is very straightforward. When my hon. Friend’s proposals are made public, I hope that they will present opportunities for a substantial increase in educational opportunity in prisons.

[Mr Blunt]

I share my hon. Friend’s view. It is important for the pathway that leads the offender through the custody system—and, indeed, the supervision system in the community—to assist his progress towards rehabilitation, and that must be done through the delivery of learning and skills and education. Prisoners should be given effective work that enables them to make proper recompense to their victims, and learning and skills associated with that work will be an important rehabilitative tool.

[Helen Goodman (Bishop Auckland) (Lab)]

While in government Labour increased the offending learner budget by 300%, and I am pleased to hear that the Minister is building on that. Does he agree with his hon. Friend the Member for Witham (Priti Patel), who on 9 March was quoted in the Daily Mail as saying that offender education was

“yet another example of gold-plated rights for convicted criminals”,

and that prison education

“sends out the signal that crime pays”?

[Mr Blunt]

The reason for the review of offender learning is that, as usual, the last Administration spent a vast amount of money and secured precious little extra output for it. The hon. Lady has made the case very clearly. I am satisfied that we will largely protect the budget for offender learning and that people will leave prison with skills and training, better equipped to be contributing members of society following their release.

[Mr Rob Wilson (Reading East) (Con)]

The Minister will know that Reading young offenders institution received a dreadful report on its education service from the independent monitoring board, particularly the part of the service that is run by The Manchester College. What action is the Department taking to deal with the shortcomings of the college, and to give more power to prisons to opt for excellent local education provision?

[Mr Blunt]

My hon. Friend has been assiduous in holding the offender learning contract to account in Reading prison, and the Skills Funding Agency has completed an investigation into the allegations made against The Manchester College in respect of its education contract there. The report of that investigation is being finalised, and I am not able to comment on it until it has been completed, but my hon. Friend is absolutely right that we must get the heads of learning and skills in the prisons much more clearly in charge of the direction of the skills training in their institutions.

[Yasmin Qureshi (Bolton South East) (Lab)]

3. What the evidential basis is for his proposals on the future of universal jurisdiction.

--- Later in debate ---

[Stephen Gilbert (St Austell and Newquay) (LD)]

4. What plans he has for the use of innovative community sentences as an alternative to custody; and if he will make a statement.

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

We are examining ways of making community sentences more clearly associated with the principles of sentencing, not least so that those elements relating to protecting the public, such as residence, reporting, and curfew and tagging requirements, and those relating to punishment—fines and unpaid work—carry greater public confidence.

[Stephen Gilbert]

I am grateful for the Minister’s reply. Is he aware of the “Community or custody” inquiry commissioned by Make Justice Work, which has found that schemes offering tough and effective alternatives to short prison stays are facing funding cuts? Does he agree that that would be a step in the wrong direction?

[Mr Blunt]

We are trying to ensure that funding decisions are delegated more effectively locally, so that where decisions have been taken for alternatives to custody pilots to be mainstreamed or for alternative funding to be found for them, and they are found to be of value at a local level, they should be able to be protected at a local level.

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

Does the Minister agree that any alternative to custody must contain the essential element of punishment for the crime, as well as rehabilitation, in order to prevent a recurrence?

[Mr Blunt]

I wholly agree with the hon. Gentleman. It is very important that community sentences reflect the principles of sentencing—I made that point in the original answer. If they do not carry credibility in respect of punishment and protecting the public, people will rightly expect us to make a greater use of custody. As we know, short custodial sentences are not always in everyone’s best interests.

[Philip Davies (Shipley) (Con)]

Given that the probation service says that there are already 6,600 high-risk or very high-risk people serving community sentences, and that the reoffending rate on the intensive supervision and surveillance programme in recent years has ranged from 74% to 92%, may I urge the Minister to ignore the siren voices of those on the Liberal Democrat Benches, and perhaps even in his own Department, who are calling for more community sentences and fewer people to be sent to prison? What Conservative Members want is more robust sentencing and more people sent to prison.

[Mr Blunt]

I know that my hon. Friend agrees that what we want is what works, and we want to ensure that there are fewer victims of crime in future. When our policies deliver rehabilitation far more effectively than those of the previous Administration, we will have protected the future victims of crime, and I know that he will—

[Mr Speaker]

Order. I am extremely grateful to the Minister, but we must move on. I am afraid that these answers are rather long and they need to get a bit shorter.

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

The resource budget for the National Offender Management Service for 2011-12 is £3.679 billion, £2.181 billion of which relates directly to expenditure incurred in prisons.

[Graham Jones]

If, as the Secretary of State predicted in The Daily Telegraph on 11 February, crime increases under his Government, will he reverse his prison closure policy and undo the scaling back of the prison building programme? If not, what will he do with the criminals?

[Mr Blunt]

I am not entirely sure that my right hon. and learned Friend’s comments bear that interpretation, but what we have to do in the Ministry of Justice is ensure that we successfully imprison those people sentenced to prison by the courts and not get ourselves into the state of affairs that occurred under the previous Administration, whereby people had to be let out early because they had run out of space.

[Andrew Bridgen (North West Leicestershire) (Con)]

The shadow Justice Secretary has argued:

“Playing tough in order not to look soft made it harder to focus on what is effective.”

Given that, does the Minister agree that despite record spending and the record prison population, Labour failed to improve public safety?

[Mr Blunt]

rose—

[Mr Speaker]

Order. I am sorry, but on several occasions I have had to say to the hon. Member for North West Leicestershire (Andrew Bridgen) that questions must be about the policy of this Government, not a previous Government. I think we will leave it there. I call Lorraine Fullbrook.

--- Later in debate ---

[Sadiq Khan]

I have a question for this Government. Given that the prison population is rising—it was 82,991 on 7 January and last week it stood at 85,454—and that, at the same time, this Government are closing prisons and slashing the prison building programme, what is the Minister going to do if the number of people who should be in prison exceeds the number of places?

[Mr Blunt]

Unlike the previous Administration, we will not get ourselves into that position. As the shadow Secretary of State will know—he will be well on top of his brief—there is a seasonal rise in prison numbers following Christmas. I am happy to say, however, that our policies are already having an effect. The prediction we inherited that we would end up with 96,000 prisoners by 2014-15 is unlikely to come true.

[Sadiq Khan]

Those of us who stayed awake for the entire Budget know that the Chancellor has no plan B and I am afraid that the complacency of that answer shows that the Ministry of Justice has no plan B. If crime goes up, as the Secretary of State predicts it may well do, and if the prison population continues to rise, the Government will have no choice but to release offenders who should be in prison without due process or to use police cells. Which will it be?

[Mr Blunt]

As of now, we have an overhead in managing the prison estate of about 3,000 places. We will manage the estate to ensure that we sustain an overhead and do not get ourselves into a position whereby we run out of space, as the last Administration did. It is basic administration. We will keep a very careful eye on the prison numbers and ensure that we have sufficient capacity.

[Lorraine Fullbrook (South Ribble) (Con)]

6. What proportion of the cost of accommodating foreign national prisoners awaiting deportation after serving their sentences is provided by his Department.

--- Later in debate ---

[Andrew Gwynne (Denton and Reddish) (Lab)]

7. What plans his Department has for the future of the probation service.

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

We will fundamentally reshape probation services to reduce unnecessary bureaucracy, empower front-line professionals and make them more accountable. Probation staff should be able to spend more of their time working directly with offenders; we are lifting the burden of bureaucracy that has hindered them from doing that.

[Andrew Gwynne]

I agree with the Minister that our probation service does a magnificent job in very tough circumstances and, under his self-styled rehabilitation revolution, should have an even greater role in successfully returning offenders to society. Will he therefore explain to the House how he can possibly square the increased work load and responsibility with cutting 3,000 experienced and front-line probation staff as a result of his Government’s spending cuts?

[Mr Blunt]

That is not a result of our Government’s spending cuts. The efficiency savings for the probation trusts for next year are largely the plans that those trusts had for the transfer from board to trust status, which was inherited from the previous Administration. The National Offender Management Service is taking 37% out of its headquarters’ overhead precisely in order to protect the front-line professionals in the probation service in delivering effective offender management.

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

Are probation trusts going to be providers of services, commissioners of services or both? If both, is there a conflict of interest?

[Mr Blunt]

I know that I am going to give evidence to the right hon. Gentleman’s Committee and we will look forward to examining those issues. I suspect that the answer in the end is very likely to be both.

[Meg Munn (Sheffield, Heeley) (Lab/Co-op)]

Will the Minister tell me how much work is going on in our probation services with violent offenders, particularly those who have been violent in domestic circumstances? Tackling the issue is enormously important in preventing future offending.

[Mr Blunt]

I agree with the hon. Lady about the importance of addressing the issue of domestic violence. Every probation trust I have visited has had programmes to address it. It is a particular priority and we will want carefully to examine the delivery of interventions and programmes to ensure that they are sustained. I accept that that is an area of priority.

[Tom Brake (Carshalton and Wallington) (LD)]

What help can the Minister give to probation trusts to enable them to compete on a level playing field with the large private sector contractors that might be doing a lot of the work they are currently doing?

[Mr Blunt]

I think that my hon. Friend is referring to the competition for community pay-back. The first competition will be for the London area, where the boundaries overlap precisely with those of the London probation trust. That will give those probation trusts that need to get together to make a collective public sector bid involving a number of trusts the time and opportunity to put an effective bid together.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

Is the Minister aware of the evidence that was given to the Select Committee on Justice about the whole issue of competition and/or commissioning providers and so on? Those points have been very well made by the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith). Is the Minister aware that if there is a conflict of interest then, prima facie, the whole system will be unlawful? Does he realise how important it is to separate those functions, because the probation trusts do not have a clue where they are going?

[Mr Blunt]

This is an area of change for probation trusts, and the competition for community pay-back, which we inherited from the previous Administration, is an exemplar of that. I look forward to the opportunity to review all the evidence that has been given to the Justice Committee and I shall come to a view on the basis of the evidence that has been received. I will give my own evidence and take questions in due course in the Committee, presumably at greater length than is allowed here.

[Nic Dakin (Scunthorpe) (Lab)]

8. What progress he has made on his proposed reform of legal aid.

--- Later in debate ---

[Mike Weatherley (Hove) (Con)]

12. What progress he has made on reform of legislation on squatting.

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

The Government take this issue very seriously and are therefore exploring options for strengthening the existing legal framework and its enforcement. We hope to be in a position to announce our plans soon. In the meantime, we have published guidance for home owners about the steps they can take to regain possession of their properties.

[Mike Weatherley]

I thank the Minister for his reply. In my constituency of Hove and Portslade we are often plagued by serial squatters, who cost the city and taxpayers many tens of thousands of pounds. Will the Minister confirm that the proposals he is considering will be a sufficient deterrent to these well-organised squatters?

[Mr Blunt]

Penalties are one of the many issues we are looking at. I am pleased to say that my hon. Friend and I will have the opportunity to address them more fully tomorrow in Westminster Hall.

[Karen Lumley (Redditch) (Con)]

13. How many prisoners convicted of violent offences and released under the early release scheme between 2007 and 2010 have since been returned to prison.

--- Later in debate ---

[Margot James (Stourbridge) (Con)]

14. What steps he is taking to support drug rehabilitation in prisons.

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

We are working with the Department of Health to reshape drug treatment in prisons to sustain a better path to abstinence, not least by addressing a transition from prison to the community. Our proposals to improve the rehabilitation of drug-misusing offenders were published in the Green Paper, “Breaking the Cycle: effective punishment, rehabilitation and sentencing of offenders”, in December 2010, and they include piloting drug recovery wings, supporting the Department of Health in developing payment-by-results drug recovery pilots and reducing the availability of drugs in prison.

[Margot James]

I visited Winson Green prison last month and was shocked at the number of drug-addicted prisoners being prescribed methadone. In our system, almost 24,000 prisoners are now maintained on methadone. Does my hon. Friend agree that that undermines opportunities for effective drug rehabilitation in prison?

[Mr Blunt]

I share my hon. Friend’s concern about that issue. Methadone has been used increasingly to tackle heroin dependency, and the number of clinical interventions has gone from 21% in 2007-08 to 39% in 2009-10. Although we do not dispute that methadone has a role to play, we agree that drug treatment in prison ought to have a greater focus on recovery and should provide a clearer route to abstinence either in prison or when offenders return to community, and preferably on a pathway that includes both.

[Kerry McCarthy (Bristol East) (Lab)]

I very much welcome the announcement this week about funding for the national liaison and diversion service, which will try to divert people with mental health issues from the prison system. Does the Minister think that, in time, that model could be used to divert people with drug addiction from prison, too?

[Mr Blunt]

I am grateful to the hon. Lady for her endorsement of our policy on addressing mentally ill offenders and delivering on that very substantial element of the Bradley report. There will not be quite the same method of having a liaison diversion service at courts and in police custody suites, but we will be looking at the drug recovery pilots as the model for the future, with local assessment and referral centres that identify the appropriate place for people to get drug treatment in the community.

[John Pugh (Southport) (LD)]

16. If he will assess the extent of regional variation in the rate of custodial sentencing of offenders under the age of 17; and if he will make a statement.

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

There is regional variation in the proportion of 10 to 17-year-olds who receive a custodial sentence of between 4% and 8% of those sentenced. There are national guidelines to promote consistency in sentencing, but levels will vary for reasons such as offence seriousness, local practices and criminal justice agency relationships.

[John Pugh]

There is such a thing as good sentencing policy. What are the Government doing to spread best practice in this critical area?

[Mr Blunt]

What we want to do is to begin to transfer responsibility to local authority areas, so that they begin to appreciate the cost of custody. At the moment, youth custody is extremely expensive, but it comes as a free good to local authorities. We want to incentivise them to deliver earlier intervention to divert people away from custody and, indeed, from youth crime in the first place.

[Mark Lancaster (Milton Keynes North) (Con)]

17. How many prisoners serving indeterminate sentences of imprisonment for public protection have been released to date.

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

As at 17 November 2010, 187 prisoners had been released into the community from indeterminate sentences of imprisonment for public protection or detention for public protection, including offenders who have subsequently been recalled to custody.

[Mark Lancaster]

I am grateful for the answer, but it highlights the logjam that IPP prisoners are causing in our prison system, so how does the Minister intend to address that problem?

[Mr Blunt]

When those sentences were introduced in the Criminal Justice Act 2003 and implemented in 2005, the then Government estimated that there would be 900 such prisoners; there are now more than 6,000, and more than 3,000 of them are beyond tariff. [Interruption.] I can understand why the shadow Justice Secretary is ashamed of the record in that area. That is why there has been an increase in the size of the Parole Board; and that is why we are consulting on proposals to raise the tariff to a 10-year determinate sentence before an IPP can be enforced, and to examine the Parole Board test. Those are the proposals in the Green Paper on which we are consulting.

[Mr Speaker]

I am grateful to the Minister.

[Mark Menzies (Fylde) (Con)]

18. How much was paid to convicted criminals by the Criminal Injuries Compensation Authority in (a) 2008-09 and (b) 2009-10.

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

The Criminal Injuries Compensation Authority paid £6.9 million in 2008-09 and £12 million in 2009-10 to people with unspent convictions. These figures reflect only cases where the CICA reduced the award due to unspent convictions, which the current compensation scheme says it must do. However, there are still cases being considered under previous schemes that did not make such reductions compulsory, so the real figures are likely to be higher.

[Mark Menzies]

Does the Minister agree that it is slightly perverse and repugnant to be paying out compensation to criminals who have often caused severe injury and offence to their victims?

[Mr Blunt]

Yes.

[Mr Speaker]

A marvellous answer.

--- Later in debate ---

[Mike Freer (Finchley and Golders Green) (Con)]

T3. The Minister may be aware that the Gaddafi house is a high-profile squatting incident in my constituency. Just this week, we have had two further squats. Will he meet me and my hon. Friends the Members for Hove (Mike Weatherley) and for Bury North (Mr Nuttall) to discuss this pressing issue?

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

I will be happy to meet my hon. Friend to discuss squatting. I would hate to think that anyone would use the example of the Gaddafi house as any excuse for this pernicious offence.

[Sadiq Khan (Tooting) (Lab)]

The Justice Secretary is not afraid to speak his mind, and he has many fans on the Labour Benches as a result. Does he agree that there has been a great deal of confusion on the Government’s policy on the Human Rights Act 1998 and the Bill of Rights? Can he explain in plain, simple English whether his Government are in favour of abolishing, or in favour of keeping, the Human Rights Act, which brought into domestic law the European convention on human rights?

[Stuart Andrew (Pudsey) (Con)]

T4. Will my hon. Friend inform me of whether the principles of joint enterprise will remain after the sentencing review, as they were instrumental in bringing successful prosecutions against a number of people who were involved in the murder of the son of a constituent of mine?

[Mr Blunt]

My hon. Friend will be pleased to know that there are no plans to consider the joint enterprise principles in the sentencing review. The existing law ensures that if a person commits an offence as part of an agreed plan or joint enterprise, all parties to the enterprise may be guilty of the planned offence. That factor indicates higher culpability and justifies a tougher sentence than would otherwise be imposed.

[Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)]

T2. In an earlier answer, the Minister acknowledged the role played by offender learning services in prisons in preventing reoffending. Given that about 60% of young offenders have communication difficulties so severe that they cannot benefit from such services, will he give an assurance that he will talk to the Royal College of Speech and Language Therapists to ensure that the service is in no way damaged as a result of public spending cuts?

[Mr Blunt]

I think that the hon. Gentleman might be confusing what happens in the adult estate and in the youth estate. However, his substantive point stands and I accept it. I am happy to talk to the Royal College, because I accept that communication is an extremely important tool in addressing offending behaviour. In many cases, a lack of communication skills leads to offending in the first place and, if it is not addressed, leads to reoffending.

[Jeremy Lefroy (Stafford) (Con)]

T5. When I was a member of the independent monitoring board of a young offenders institution, I was often concerned about the underuse of the sports facilities on site. The reason that was sometimes given was that there were stringent rules on who could supervise them. Will the Minister consider those restrictions so that there is more sport and less television watching?

[Mr Blunt]

Yes.

[Mr Speaker]

John Cryer. Not here.

--- Later in debate ---

[Karen Lumley (Redditch) (Con)]

T8. Given the great work that West Mercia probation trust does in Redditch with the payback scheme, which I know the Minister has also visited, will he reconsider the new form of payback contracts, which cover large parts of the country but not necessarily our local communities?

[Mr Blunt]

Although I have seen that good work and applaud it, I will have to disappoint my hon. Friend. There is no prospect of our revisiting the contract arrangements that have been briefed out and presented to probation trusts and the private sector. That competition will progress.

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

T7. How will the Secretary of State ensure that the tightening-up of no win, no fee arrangements will deliver lower insurance premiums, not higher insurance company profits?

--- Later in debate ---

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

Will the Secretary of State explain to the House why the Government have yet to put into practice the provisions of the Crime and Security Act 2010, leaving victims of overseas terrorism such as Will Pike without the compensation that they expected to receive?

[Mr Blunt]

There is a review of the criminal injuries compensation scheme going on, and we intend to address the issue alongside that review and publish our proposals at the same time.

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

If it is the case that squatting has been made illegal in Scotland, will the Justice team look favourably on the Scottish proposals and make it illegal in this country as well?

[Mr Blunt]

We are certainly looking at the Scottish example, and I hope that when we bring our proposals forward, my hon. Friend will warmly welcome them.

[Mr David Hanson (Delyn) (Lab)]

The Minister for Policing and Criminal Justice mentioned the repatriation of Nigerian prisoners and the contract that is being signed. Will he tell the House, following three years of discussion by the previous Government, how many prisoners from Nigeria have been repatriated this year and how many more he expects to repatriate next year?

[Richard Drax (South Dorset) (Con)]

Morale among the prison officers in the two prisons in South Dorset is at an all-time low. Will the Minister reassure me that their rights will be upheld as well as the prisoners’ rights?

[Mr Blunt]

Of course.

[Valerie Vaz (Walsall South) (Lab)]

The Forensic Science Service provides impartial evidence to the courts. What discussions has the Secretary of State had with it to secure its future and ensure that its primary duty remains to the court, not to shareholders?

[Mr Peter Bone (Wellingborough) (Con)]

The Prison Minister is being very quick in his answers. Could he be very quick in answer to this question? Will he confirm that Wellingborough prison is not to close?

[Mr Blunt]

There is a continual review of the whole prison estate to address precisely the issues that the shadow Secretary of State mentioned. It would therefore be wrong to confirm that about any prison in the system, because there is a process of review to ensure that we have sufficient prison places to jail those sent to us by the courts for the term of their sentence. The last Administration did not achieve that.

[Heidi Alexander (Lewisham East) (Lab)]

The Government are proposing to remove legal aid for all asylum support law cases, while retaining it for other asylum matters. Why is the Minister drawing that distinction, when the vulnerabilities involved are surely the same?

--- Later in debate ---

[Stephen Pound (Ealing North) (Lab)]

When the hon. Member for Aldershot (Mr Howarth) and I were in Dartmoor prison together, we noticed that the second most popular prisoner workshop produced excellent plaster garden gnomes. In view of the great and burgeoning success of the film “Gnomeo and Juliet”, will the Minister have a word with the governor of Dartmoor to see what advantage can be taken of that serendipitous circumstance?

[Mr Blunt]

I am delighted to answer that question and to refer to my niece’s part in “Gnomeo and Juliet”. I was in Dartmoor last week. I did not see the garden gnome factory, but I did see the some of the gardens, which make up for an otherwise bleak place. Prison industries are a very important part of the future development of our prisons strategy to ensure that, in future, prisoners have wider employment and work than they have now.

[Bob Blackman (Harrow East) (Con)]

The Government have decided to close a number of magistrates courts in this country, as a result of which, many valiant volunteer magistrates will travel far longer distances and incur additional costs. What action will my hon. Friend take to ensure that people are properly compensated for their time and travel costs?

Assaults on Police: Sentencing

Crispin Blunt Excerpts

Tuesday 29th March 2011 Ministerial Corrections

The full answer given was as follows:

[Mr Blunt]

The number of defendants sentenced and given an immediate custody for an assault on a constable at all courts, in England and Wales for 2009 (latest available) is provided in table 1. This is a summary only offence which is charged where little or no physical harm is involved. Where there are more serious injuries this would result in a charge of assault occasioning actual bodily harm, and it is not possible to say how many convictions for this offence arise from assaults on police officers.

The number of offenders cautioned for indictable only offences in England and Wales, 2007 to 2009 (latest available) is provided in table 2.

Data for 2010 are planned for publication in the spring of 2011.

[Mr Blunt]

The number of defendants sentenced and given an immediate custody for an assault on a constable at all courts, in England and Wales for 2009 (latest available) is provided in table 1. This is a summary only offence which is charged where little or no physical harm is involved. Where there are more serious injuries this would result in a charge of assault occasioning actual bodily harm, and it is not possible to say how many convictions for this offence arise from assaults on police officers.

The number of offenders cautioned for indictable only offences in England and Wales, 2007 to 2009 (latest available) is provided in table 2.

Data for 2010 are planned for publication in the spring of 2011.

Prison Service Pay Review

Crispin Blunt Excerpts

Monday 21st March 2011 Written Statements

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

The 10th report of the Prison Service Pay Review Body (PSPRB) (Cm 8021) has been laid before Parliament today. The report makes recommendations for staff within the remit group who earn the full-time equivalent of £21,000 and below, and who are eligible for an increase in 2011-12 under the Government’s announced pay policy for public sector workforces. Copies of the report are available at: http://www.ome.uk.com/PSPRB_Annual_Reports.aspx. I am grateful to the chair and members of the PSPRB for their hard work in producing these recommendations.

The PSPRB key recommendations for 2011 are as follows:

a consolidated increase of £250 to all pay points at or below £21,000, including the first two points on the closed prison officer scale;

a requirement for the service and the POA to engage promptly in constructive dialogue with a view to agreeing the pay scales to apply for prison officer 2, prison officer 1 and the new operational support grade (OSG).

The PSPRB’s recommendations, which are consistent with our proposals for 2011-12, will be implemented. The cost of the award will be met from within the delegated budget allocation for the National Offender Management Service.

Prisoners: Sentencing

Crispin Blunt Excerpts

Monday 21st March 2011 Ministerial Corrections

The full answer given was as follows:

[Mr Blunt]

The following table provides information on custodial sentences in prison establishments in England and Wales by sentence length band and offence category as at 30 September 2010.

These figures have been drawn from administrative IT systems, which, as with any large scale recording system, are subject to possible errors with data entry and processing.

[Mr Blunt]

The following table provides information on custodial sentences in prison establishments in England and Wales by sentence length band and offence category as at 30 September 2010.

These figures have been drawn from administrative IT systems, which, as with any large scale recording system, are subject to possible errors with data entry and processing.

Prostitution: Newham

Crispin Blunt Excerpts

Monday 21st March 2011 Ministerial Corrections

[Lyn Brown]

To ask the Secretary of State for Justice how many convictions there were for (a) kerb crawling, (b) soliciting for the purposes of prostitution in a public place, (c) keeping a brothel and (d) control of prostitution in respect of offences committed in the London borough of Newham in (i) 2008, (ii) 2009 and (iii) 2010.

[Official Report, 17 January 2011, Vol. 521, c. 652-53W.]

Letter of correction from Mr Crispin Blunt:

An error has been identified in the written answer given to the hon. Member for West Ham (Lyn Brown) on 17 January 2011. The figures in the table for the number of defendants convicted for keeping a brothel in the Metropolitan police force area were incorrect along with some of the information included in the footnotes that accompanied the table.

The full answer given was as follows:

[Mr Blunt]

The number of defendants found guilty at all courts for selected prostitution related offences in the Metropolitan police force area for the years 2008 to 2009 can be viewed in the table.

Information at borough level is not collated centrally by the Ministry of Justice.

Court proceedings data for 2010 are planned for publication in the spring.

[Mr Blunt]

The number of defendants found guilty at all courts for selected prostitution related offences in the Metropolitan police force area for the years 2008 to 2009 can be viewed in the table.

Information at borough level is not collated centrally by the Ministry of Justice.

Court proceedings data for 2010 are planned for publication in the spring.

Corporate Manslaughter and Corporate Homicide Act 2007

Crispin Blunt Excerpts

Friday 18th March 2011 Written Statements

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

The Government will commence section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act 2007. The Act, the majority of which came into force on 6 April 2008, creates an offence whereby an organisation can be found guilty of corporate manslaughter if the way in which its activities are managed or organised causes a death and this amounts to a gross breach of a relevant duty of care to the deceased.

Section 2(1)(d) of the Act makes the duty of care that a custody provider owes to certain persons who are detained a relevant duty of care for the purpose of the offence. However, its implementation was delayed to allow custody providers time to ensure they were compliant with the Act. Those custody providers subject to the Act have indicated that they are ready for this provision to be commenced, and the Government intend to do this by the summer.

The Act allows the Secretary of State to add further categories of persons in custody or detention to the list of those to whom a relevant duty of care is owed by reason of section 2(1)(d). The Secretary of State intends to extend the Act to cover persons detained in Ministry of Defence service custody premises and in UK Border Agency facilities not already covered by the Act at the same time as commencing the existing custody provisions.

Both the commencement and extension orders will be subject to an affirmative resolution of each House of Parliament.

Restraint in Juvenile Secure Settings

Crispin Blunt Excerpts

Thursday 10th March 2011 Written Statements

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

Today is the publication of the “Report on implementing the Independent Review of Restraint in Juvenile Secure Settings”.

This publication is the work of the two independent monitors, Mr Andrew Williamson and Mr Peter Smallridge, who were asked to monitor the implementation of their original report from 2008—“Independent Review of Restraint in Juvenile Secure Settings”. I welcome their report and the conclusion that Government, secure establishments and other agencies have made good progress on implementing an ambitious programme of change in the way restraint is used in the youth secure estate.

I would like to take this opportunity to thank both Mr Williamson and Mr Smallridge for their contribution to this important area of work. Copies of their original report and the Government response from 2008 can be found on the Department’s website at: www.justice.gov.uk

Young Offenders

Crispin Blunt Excerpts

Tuesday 8th March 2011 Westminster Hall

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

Every hon. Member who has spoken since my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) introduced the debate has referred to the quality of his contribution, and I would put myself at the head of that list. In examining a number of concerns in the youth justice area, he has taken a machine gun to all the targets and blasted them away. Even though I have more time to reply to the debate than I would normally expect, there simply is not enough time to reply to all the issues that he has raised. Many of them merit significant debate in themselves. However, I will do my best.

I shall start by immediately addressing the point about funding made by the hon. Member for Hammersmith (Mr Slaughter) on behalf of the Opposition. I am of course concerned about the possible impact of funding cuts. Every Minister who is responsible for service provision of one sort or another will be concerned about the impact of the expenditure cuts that they have to deliver. I am not alone in that, but if there is one source from whom we will not take a lecture, it is those who presented us with the hideous problem of getting the overall fiscal balance of our country right so that we can get ourselves out of the appalling economic mess that we are in.

That said, I take seriously the cautions that are being offered. In the situation that we are in, we have to think about new ways of delivering services that focus much more effectively on the output that the public services deliver. We are coming out of an era in which those at the centre have been privileged to dictate very carefully, through targets and performance measurements, how people in the public services deliver those services. Now, we need to turn to those people and draw on their expertise and professionalism to deliver the services more efficiently, and they will know that better than anyone else.

My hon. Friend the Member for Blackpool North and Cleveleys paid tribute to the people whom he saw working in the institutions that he visited, and I shall join him by paying tribute to all the people who operate in the youth justice area for the quality of the work that they do. We know the value of that work. My hon. Friend, in concluding his remarks, drew attention to the report by the National Audit Office that said that the cost to the economy of offending by young people in 1999 amounted to £10 billion. Intervening early in the lives of children at risk and their families, before that behaviour becomes entrenched, can present our best chance to break the cycle of crime.

Youth justice is, of course, a key part of the justice system. The object of the youth justice system is to turn off, or at least turn down, the pipeline into the adult justice system and spare many potential victims of crime. Of course, the logic extends itself. My hon. Friend referred to the work done in 2002 by our right hon. Friend the Member for West Dorset (Mr Letwin), who is now the Minister of State, Cabinet Office, in relation to the conveyor belt to crime.

Frankly, early intervention is just a blinding glimpse of common sense. In the debate, there has been a focus on concentrating on four to 10-year-olds rather than teenagers. In paying tribute to the people who work in the youth justice system, we need to acknowledge that turning round a socially excluded, angry and hostile teenager is difficult and, of course, expensive. Those who do such work are doing great work. How much better would it be, however, to do that work with not only four to 10-year-olds, but children who are born in circumstances in which the predictors make it all too clear that a horrifying percentage may end up socially excluded and on their way into the youth justice system? I fully acknowledge that communication issues sit at the heart of much of that, and I will return to that issue.

My hon. Friend the Member for Blackpool North and Cleveleys analysed many of the problems with the youth justice system, so let me give a short introduction to the issues. Despite the increased investment in youth justice under the previous Government, there is still a lack of public trust in the system. Members of the public remain concerned about becoming victims of crime. Fewer than half of them have confidence in the ability of the justice system to deal effectively with young people, in particular. Reoffending rates among young offenders who are released from custody are horrifyingly high, with 75% being reconvicted within one year. Tragically, things are not much better for those sentenced to the higher-end community sentences, who have a 68% reoffending rate. Those figures are the worst for any age group in the justice system.

Too little is done to ensure that young people who offend pay their victims and communities back for the harm they have caused, whether directly or indirectly. The system does not incentivise agencies to invest in preventing offending and reoffending or in early intervention. Indeed, the system is set up in such a way that local agencies financially benefit when a young person is taken into custody. All the wrong incentives are in place, and we must address that.

My hon. Friend spoke about secure accommodation. Such accommodation will remain the most appropriate place to deal with a small proportion of young offenders. As my hon. Friend the Member for Hendon (Mr Offord) said, there remains a need for custody. There will also still be occasions when remand to custody is appropriate for a young person.

However, it is a rather depressing state of affairs when people in the justice system are taking decisions to remand someone on bail when, as my hon. Friend the Member for Blackpool North and Cleveleys said, the issue is the person’s social circumstances. It would surely be better if we moved to a system where the local authority’s social services department dealt with such things. If someone needs to be taken into custody in a secure children’s home for their own protection, the judgment should be reached through the social services system, not the agencies of the justice system.

There are occasions when custodial remand is used inappropriately because of a lack of alternative accommodation. Some 58% of young people remanded in custody are acquitted or receive a community sentence. Some of the funding spent on unnecessary remand could be better used to develop local solutions, which would be more cost-effective in the long term and allow young people to be diverted from a potentially unnecessary period in custody.

We have published our intention to introduce a single remand order for all under-18s. That would simplify the system and make local authorities—gradually and with support—responsible for the full cost of youth remand. That will reverse the current perverse incentive, which benefits local authorities when one of their young people is placed in custody. We also intend to amend the Bail Act 1976 to remove the option of remanding young people who would be unlikely to receive a custodial sentence.

Hon. Members, including my hon. Friend the Member for Blackpool North and Cleveleys, commented on assessment in the youth justice system. It is important to note that it is not the intention for youth justice assessments to be capable of assessing every possible aspect of young people’s lives. Rather, it is intended that they should provide a baseline and then trigger additional or specialist assessment where required. That means that we are working to ensure that changes are based on the principle of screening for, and alignment with, other assessments, rather than of replacing them. It is also right for professional discretion to sit at the centre of assessment arrangements, so there needs to be the flexibility in the system for that.

I would not say anything as strong as that Asset is inappropriate, but it is outdated and in need of review, and I welcome the support for such a review from the hon. Member for Hammersmith. The clear feedback from practitioners is that although Asset has a lot of good content, the form’s format and associated processes do not make best use of it. On that basis, the Youth Justice Board is looking at the assessment process in the youth justice system and developing a business case for changes to the Asset framework. We accept that more could be done to facilitate high-quality identification and analysis of difficulties in the areas of mental illness, learning disability, speech, language and communication. As my hon. Friend the Member for Hendon made clear, the assessment of communication difficulties is important.

The proposals for the future framework look to improve identification through a discrete section for gathering information about needs in such areas that is not dependent on the link with offending behaviour. In particular, that includes a specific section on speech and language, which are not covered in the current version of Asset. It is also the intention to improve intervention planning by bringing all activities associated with addressing individual young people’s behaviour into one plan and making referrals to other services more accurate and easier to generate.

My hon. Friend the Member for Blackpool North and Cleveleys referred to the assessment made by custody officers escorting young offenders. I should make it clear that, under the current system, the young offender team sends assessment information to the Youth Justice Board placements department in advance. The department then sends the assessment electronically to the youth offender institution before the young person arrives, so the assessment should be ready and waiting there.

My hon. Friend mentioned the importance of the relationship between youth offending teams and child and adolescent mental health services. Youth offending teams are multi-agency teams and must include a health partner. Primary care trusts have a statutory duty to provide health input to youth offending teams. The future commissioning structure is now being developed, and my officials are working closely with the Department of Health to ensure that there are appropriate arrangements to support an effective relationship between youth offending teams and child and adolescent mental health services and wider health services.

My hon. Friend the Member for Carshalton and Wallington (Tom Brake) raised the extremely important issue of communication difficulties. Young people with speech, language and communication needs are over-represented in the youth justice system. We are working to facilitate the early detection of such needs in young people and to equip staff to communicate more effectively with those with speech and language needs. Providers of education in custody have been trained to use the hidden disabilities questionnaire, which identifies a range of learning difficulties, allowing education providers to refer learners to the appropriate support and for further assessments, if necessary.

An anecdote that has been reported to me provides a good illustration of why such provisions are required. A youth offending team worker told of a young person who, when asked in court whether he felt any remorse for his offence, said, “No.” It was only in the taxi on the way back that he asked the youth offending team worker what remorse meant. Plainly, that is not acceptable, and one can well identify what might have happened to that young person’s sentence as a consequence.

We have worked with the Communication Trust to develop “Sentence Trouble”, a guide to help youth justice workers communicate more effectively with young people with communication needs. Some 30,000 copies of the booklet have been distributed across the sector to all youth offending teams, young offenders institutions, secure children’s homes and secure training centres, as well as pupil referral units, magistrates, police, special schools, Connexions services, primary care trusts and speech and language therapists. The booklet is supported by a training programme and a website that features a forum for staff to share information, useful links and resources.

On the education of young offenders, local authorities with Prison Service young offenders institutions in their area are now responsible for securing suitable education and training for young people in custody. Primary legislation on education applies to young people in custody, which means that they have the same entitlement to education as their peers in the community. I am pleased to announce something that may help to answer some of the concerns of the hon. Member for Hammersmith, which is that we shall continue to fund the education support service in the next financial year in Prison Service young offenders institutions. The education support service has an important role in the education of young people, developing the links between Connexions and Jobcentre Plus and helping to give support for resettlement, in the form of referrals, national insurance queries and benefit and debt advice. It also helps to support young people applying for financial assistance for education, and offers information, advice and guidance on careers, helping them to develop their interests and skills, and, hopefully, identifying possible career opportunities.

It is of course the local authority where the young person normally resides that now has a responsibility to promote the fulfilment of the learning potential of the young person while they are in custody, and to share information about the young person’s education and any special needs they may have. By placing more responsibility on local authorities, the legislation aims to ensure greater continuity of learning for young people between custody and community.

My hon. Friend the Member for Blackpool North and Cleveleys and the right hon. Member for Tottenham (Mr Lammy) both raised concerns about the number of young people in custody and the rate of provision of literacy and numeracy courses, which appears to be declining. All young people who enter custody who are able to participate are referred to learning and skills provision funded by the Offenders Learning and Skills Service. Of course, all too many young people have other issues, such as substance misuse, that they need to deal with before they can participate meaningfully in learning. Perhaps it is not quite so helpful to look at the number of young people who are learning, while the number of young people in custody continues to fall. Given the significant fall in the number of young people in custody, the numbers do not necessarily read across.

A critical issue is resettlement and making the links so that when people have been in custody they make the transition to the community effectively. Every year hundreds of young people leave custody to create a new life in the community and each faces the challenge of staying out of trouble and integrating back into society. Many of those vulnerable young people have no home, school or job waiting for them. Without the right support, many will reoffend, creating an unproductive and expensive situation for them and wider society. The aim of resettlement is to provide housing, education, training and mentoring for young people to reduce reoffending. That is of course an area in which, frankly, we have not done particularly well.

To address our capability shortage in that respect we need a radical new way of thinking. I hope that payment by results will be the vehicle by which we shall deliver such a step change in service delivery. It is a way in which we can free up professionals, and involve a wider range of partners from the private and voluntary sectors in taking innovative approaches to dealing with offenders. We want agencies to be driven by results, not burdened by targets. That is why we are committed in the coalition agreement to introducing payment by results. We are considering a number of options for how we might do that in the youth sphere. Perhaps it is in resettlement more than in any other area that we can raise our game by incentivising people to do what will work.

My hon. Friend the Member for Blackpool North and Cleveleys raised the issue of discharge grants and discussed the giving of the resettlement grant of £46.75. Of course, young offenders do not receive that grant, which is for adults. It is an instructive point. My hon. Friend said that there was concern about the raising of the amount. In contrast to the adult system, all under-18s are subject to sentence planning, and they have an allocated case manager in the community. The detention and training order is an integrated custody and community sentence. The youth offending team has the lead responsibility for sentence planning. That means that the young person’s accommodation and employment needs should be identified early in the sentence, and coherent plans for the day of release should be put in place. Those could include immediate access to supported accommodation, and should mean that financial support would be targeted and more flexible than the one-size-fits-all grant for the over-18s.

Properly, resettlement has become a prominent focus for attempts to tackle youth crime, but it has long been recognised that there is inadequate strategic direction, and poor performance. The use of bed-and-breakfast accommodation, and other forms of temporary accommodation, as well as a lack of resources and expertise nationwide, are frequently linked to reoffending. I hope that payment by results will bring about an improvement. Meanwhile, however, the Youth Justice Board last year set up a new resettlement programme with the aim of addressing numerous resettlement issues together. A key focus of the programme is the establishment of two regional resettlement consortia, around the Hindley young offenders institution in the north-west and the Ashfield young offenders institution in the south-west.

The aim is to bring together senior members from the secure estate, the youth offending teams, voluntary services and local authorities—particularly children’s services and housing—to take a strategic approach to developing flexible, co-ordinated resettlement services. Strengthening the links in the system through partnerships that work across agency and local authority boundaries not only tackles re-offending, but has additional advantages in addressing issues of child welfare, safeguarding and community safety. The proposals in our Green Paper are intended fundamentally to change the incentive structure in relation to resettlement. We want local authorities to take full responsibility for ensuring that young people who leave custody do not return there, and to incentivise more of the kind of work that I have outlined.

My hon. Friend the Member for Blackpool North and Cleveleys raised the issue of the age of criminal responsibility and I am pleased that he supported the Government’s position, which is to leave it at the age of 10. Our coalition colleague the hon. Member for Carshalton and Wallington did not take quite that view, and having praised my hon. Friend for an admirably liberal speech disagreed with him about that. The Government believe that children aged 10 are able to distinguish between bad behaviour and serious wrongdoing. It is entirely appropriate to hold them to account for their actions if they commit an offence, and it is important to ensure that communities know that a young person who offends will be dealt with appropriately. We have no plans to change the age of criminal responsibility. We accept, however, that prosecution is not always the most appropriate response to youth offending. Much of youth crime is addressed using out-of-court disposals and robust intervention to prevent reoffending. Indeed, we are now seriously considering widening the delivery of restorative justice and giving the police their own restorative justice interventions for the lower level of offences, which could be recorded for their own purposes. That is in addition to making sure that people both make restoration and receive punishment—the two are not alternatives—in the rest of the criminal justice system.

I am conscious that I have received advice on many issues on which, sadly, I do not have time to respond to my hon. Friend. I very much welcome his speech and the issues he has drawn to our attention in the debate. The policy area in question is very important, and relies on co-operation between a significant number of authorities, to drive down the number of people coming into the youth justice system, and make sure that fewer people leave that system to go into the adult one. We can learn a significant amount from work that was done previously—from the way youth offending teams were set up and the way they make such co-operation and co-ordination systematic. That is the challenge that I enjoy. I am delighted to have hon. Friends who take such an intelligent interest in the issue.

Television: Licensing

Crispin Blunt Excerpts

Tuesday 8th March 2011 Ministerial Corrections

[Greg Mulholland]

To ask the Secretary of State for Justice how many people in Leeds North West constituency have been prosecuted for not having a television licence in the last 12 months.

[Official Report, 11 October 2010, Vol. 516, c. 153W.]

Letter of correction from Mr Crispin Blunt:

An error has been identified in the written answer given to the hon. Member for Leeds North West (Greg Mulholland) on 11 October 2010. The answer overstated by 80 the number of persons proceeded against for television licence evasion in the West Yorkshire police force area for 2008.

The full answer given was as follows:

[Mr Blunt]

The number of persons proceeded against at magistrates courts for the offence of television licence evasion under the Communications Act 2003, in the West Yorkshire police force area for 2008 (latest available), was 6,652. Figures are not available at constituency level so police force area level data have been provided in lieu.

The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

Data for 2009 will be published on 21 October 2010. The publication date for 2010 figures has not been finalised but will be announced on the UK National Statistics release calendar.

The correct answer should have been:

[Mr Blunt]

The number of persons proceeded against at magistrates courts for the offence of television licence evasion under the Communications Act 2003, in the West Yorkshire police force area for 2008 (latest available), was 6,572, Figures are not available at constituency level so police force area level data have been provided in lieu.

The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

Data for 2009 will be published on 21 October 2010. The publication date for 2010 figures has not been finalised but will be announced on the UK National Statistics release calendar.

Oral Answers to Questions

Crispin Blunt Excerpts

Tuesday 15th February 2011 Commons Chamber

[Jeremy Lefroy (Stafford) (Con)]

5. What steps he is taking to ensure that prisoners gain the skills and experience required to find work after leaving prison.

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

With the Department for Business, Innovation and Skills, the Ministry of Justice is undertaking a review of offender learning, which includes how best to provide learning that will improve prisoners’ employability. The Green Paper, “Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders”, sets out our intention to make prisons places where many more prisoners work and gain employment experience.

[Jeremy Lefroy]

I welcome the Government’s emphasis on rehabilitation. Up and down the country, including in Staffordshire, many organisations work very hard and very effectively—and cheaply—on that. Will the Minister agree to meet me and colleagues from Staffordshire to discuss how we can continue to support such organisations?

[Mr Blunt]

I will be delighted to meet my hon. Friend and colleagues from Staffordshire. Prisons and probation trusts already work with a large number of community organisations, but the Green Paper makes it clear that we want an ever-wider range of community organisations and individuals to become involved in helping ex-offenders to lead law-abiding lives. The system change that we are making, which I am happy to discuss with my hon. Friends, will enable the big society to help us to deliver a revolution in rehabilitation.

[Helen Goodman (Bishop Auckland) (Lab)]

Does the Minister not understand that all his good intentions and fine words will be swamped by the massive spending cuts that his Department is taking? Closing three prisons and cutting the building programme will worsen overcrowding, and cutting 23%—some 10,000—of the front-line prison and probation staff will reduce the number of opportunities for prisoners to train and work. When will he come forward with a credible strategy?

[Mr Blunt]

We are about to come forward with a credible offender learning strategy. The budget will remain very much the same as that which we inherited, because we realise that that strategy is a priority. Unfortunately, a significant amount of the money spent under the previous Administration went to waste. If the hon. Lady reads the reports from independent monitoring boards, she will see repeated complaints about the quality of offender learning in prisons under the previous Administration. We will put that right.

[Nicky Morgan (Loughborough) (Con)]

7. What plans he has for the size of his Department’s budget for civil legal aid.

--- Later in debate ---

[Mr Steve Brine (Winchester) (Con)]

9. What assessment he has made of the adequacy of provision of language translation support for foreign national prisoners.

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

Translation and interpretation services are provided locally through central contracts. It is for the local prison authorities to determine the extent to which translation services are needed on a case-by-case basis.

[Mr Brine]

Foreign national prisoners constitute about 15% of the total inmate population at HMP Winchester. A constituent of mine who is a member of the local monitoring board has raised concerns with me about the language translation support made available to foreign inmates there, particularly where deportation documents are issued. Does the Minister agree that putting in place efficient translation measures would help to improve the speed and efficiency with which inmates who have served their sentences and are awaiting deportation from our country are moved through the system?

[Mr Blunt]

I certainly would agree. We want to make it clear that we want absolutely no administrative hurdles put in the way of deporting foreign national prisoners back to where they belong.

[Mr David Hanson (Delyn) (Lab)]

Just for the purposes of planning for language services, will the Minister indicate what changes he expects in either the percentage or number of foreign national prisoners in this country over the next 12 months, so that we can judge his success in deportation?

[Mr Blunt]

All I know is that, having inherited the utterly dreadful position that we face—a position for which the right hon. Gentleman bears some responsibility, having held responsibilities in this area in the past—we are determined to make as much progress as possible. He understands, having presided over a doubling in the number of foreign national prisoners in our jails, just how difficult it is to get them sent home once they are here, but we will be making as much progress as we possibly can.

[Fiona Bruce (Congleton) (Con)]

10. With which third sector organisations he plans to work to deliver his rehabilitation revolution policy.

--- Later in debate ---

[Mel Stride (Central Devon) (Con)]

13. What plans he has for community sentences.

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

We want non-custodial sentences to reflect more clearly and closely the principles of sentencing. Community payback will be a more definitively punitive disposal—more immediate and more intensive. Restoration to victims will also have a higher priority, with compensation orders to victims becoming the first consideration for sentencers. Public protection will be delivered through curfews and reporting requirements and more flexibility for offender managers to deliver rehabilitation through interventions tailored to the individual circumstances of each offender.

[Mel Stride]

Community sentences are often seen by the public as a bit of a soft option. Can my hon. Friend provide some specific examples of how he will ensure that they are tough enough?

[Mr Blunt]

The Green Paper sets out our intention to make community payback more intensive, more immediate and better enforced. We also intend to provide tougher punishment and better public protection by increasing the duration of electronically monitored curfews. The maximum hours might be increased from 12 to 16 each day and the maximum length of a curfew from six months to a year.

[Chris Skidmore (Kingswood) (Con)]

14. What plans he has to increase the amount of work carried out by prisoners.

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

We have set out our intention to make prisons places of work and industry in the Green Paper published on 7 December 2010, and our response to the consultation will be published in May this year. Achieving a significant increase in useful work, which is also economically positive for the Prison Service, victims and rehabilitation, is a high priority for this Government.

[Chris Skidmore]

Does the Minister agree that we need to get more prisoners working so that when they are released, they are more likely to get back into employment? How many hours does he suggest prisoners should spend working each week?

[Mr Blunt]

We would like get to a position where prisoners work an ordinary working week of 40 hours. No one should underestimate the difficulty of making that a reality across the entire prison estate, as prisons have different purposes and a different physical geography in each case. I am absolutely determined, however, to use all our endeavours to maximise the amount of productive work done in prisons. That is why I have said that this is a first-order priority, certainly for this Prisons Minister.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

15. What assessment he has made of the likely outcomes of the planned reductions in the legal aid budget.

--- Later in debate ---

[Karl Turner (Kingston upon Hull East) (Lab)]

16. What plans he has for future funding for training for employees to work in young offenders institutions.

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

The juvenile awareness staff programme, known as JASP, is the only training programme that is specifically designed for staff working in young offenders institutions holding those aged under 18. In partnership with the Youth Justice Board, the National Offender Management Service provides JASP training for staff working in public sector young offenders institutions. Funding from the YJB for JASP training is agreed for 2011-12.

[Karl Turner]

I am sure that the Minister shares my concern about the tragic case of Adam Rickwood, who committed suicide shortly after being restrained by youth detention officers when in custody in 2004. Can he assure the House that the savage cuts to his Department will not result in any diminution of safe restraint techniques in such institutions?

[Mr Blunt]

Let me take this opportunity to convey, again, our commiserations to the family of Adam Rickwood, who died in such sad circumstances. The short answer to the hon. Gentleman’s question is, of course, yes.

[Mr David Nuttall (Bury North) (Con)]

17. What plans he has for the future of sentencing guidelines.

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

Responsibility for the issuing of sentencing guidelines rests not with the Government but with the independent Sentencing Guidelines Council. It is for the council to decide on what matters such guidelines should be prepared for the courts.

[Mr Nuttall]

I thank the Minister for his answer, but I think that many people outside the House will look to it for leadership on the issue of sentencing. Will he give a clear steer to the council that we must never see a repeat of what we saw last month, when a judge was unable to do what he wanted and send a house burglar to prison because of the sentencing guidelines?

[Mr Blunt]

Let me caution my hon. Friend slightly against wholly relying on the account of that case that we read in the press. What we ought to know is that the judge was able to give that individual a very significant community sentence. Indeed, he concluded that a prison sentence would probably have been a rather lighter punishment, given all the conditions involved in the community sentence. However, the House will have an opportunity to make its views heard in due course when a sentencing Bill is introduced.

[Duncan Hames (Chippenham) (LD)]

19. If he will bring forward proposals to reduce the time taken by tribunals to determine the outcome of appeals against work capability assessments for employment and support allowance.

--- Later in debate ---

[Eric Ollerenshaw]

I thank the Minister for his answer. Is it possible to give an update on the planned closure of Lancaster Castle prison, particularly in regard to the redeployment of staff and future use of the castle?

[Mr Blunt]

The Ministry of Justice is in discussions with the Duchy of Lancaster, which owns the castle, regarding its future use after its closure as a prison. All staff at Lancaster Castle will be either redeployed to other establishments, retained at the prison to provide ongoing maintenance or offered the opportunity to leave the service on voluntary exit terms.

[Ian Lavery (Wansbeck) (Lab)]

Can the Minister tell the House what proposals his Government have for the future market testing of existing prisons in the UK?

[Mr Blunt]

We inherited a competition strategy from the last Administration, which is continuing. The strategy is being applied to prisons that are currently in the public sector, particularly Birmingham.

[Kris Hopkins (Keighley) (Con)]

23. What recent progress his Department has made in recouping outstanding financial penalties that remain uncollected by HM Courts Service.

--- Later in debate ---

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

The first thing is to have increased early intervention to avoid their needing a second chance in the first place. Then we need to ensure that young offenders are offered more of an opportunity to pay back their victims and communities, and to incentivise local partners to reduce youth offending and reoffending by using new payment-by-results models.

[Sadiq Khan (Tooting) (Lab)]

In this Saturday’s excellent Mary Riddell interview in The Daily Telegraph, the Lord Chancellor said:

“I slightly expect that some crimes will go up”.

I remind the House that in times of both growth and recession between 1997 and 2010 the level of crime consistently went down. I know that he is neither sloppy nor complacent, so can he tell the House what crimes he thinks will go up, why he thinks they will go up and what he is going to do about it?

--- Later in debate ---

[Andrew Bridgen (North West Leicestershire) (Con)]

T3. It is reported that about 70% of prison inmates are believed to have two or more mental health conditions and that about one in 10 prison inmates have a serious mental health problem. What steps are the Government taking better to identify and help prisoners with mental illness?

[Mr Blunt]

As we made clear in the Green Paper, we will, with the Department of Health, have invested £50 million by 2014 in establishing a liaison and diversion service, both in the police stations and in courts, to ensure that people who should more appropriately be treated in the health service do not go to prison. Of course prisons and secure mental hospitals will remain the appropriate place for offenders who have committed serious offences and pose a risk to the public. Prison health services will continue to provide care and treatment for the majority of prisoners with mental illness, with the additional support of specialist mental health inreach teams.

[Helen Jones (Warrington North) (Lab)]

T7. On the planned national diversion service, will the Minister tell the House who will provide the mental health assessments in police stations and courts that will be necessary for that service to work? Have the necessary provisions to provide that service been included in the budget?

[Mr Blunt]

Those assessments are a matter of health rather than justice, so the Department of Health is leading on establishing the liaison for diversion services.

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

T4. How does the Lord High Chancellor envisage promoting the big society in his Department, particularly in terms of shop theft and having some kind of community payback in relation to those who have stolen from society in that way?

[Mr Blunt]

I am very grateful to my hon. Friend who has done particularly good work in this area in getting policy changes under the previous Administration. We want to make restorative justice and compensation orders the first point of departure for such offences so that offenders are able to make good to their victims.

[Sheila Gilmore (Edinburgh East) (Lab)]

T8. Will the Minister reconsider his original thinking on the definition of domestic violence and the evidential requirement when deciding whether to make legal aid available in family law cases?

[Mr Gary Streeter (South West Devon) (Con)]

T5. In an effort to save legal aid, and following the vote in the House last Thursday, why not now exclude expressly from any legal aid application prisoners who seek to claim compensation from the Government for not having the right to vote?

[Mr Blunt]

As I understand it, the likely level of compensation would mean that prisoners making such claims would not be eligible for legal aid in any event. However, that will not prevent the situation with no win, no fee arrangements, as a substantial case list is being created by solicitors touting for custom.

[Mr David Lammy (Tottenham) (Lab)]

The whole House will be aware of the worst scenes of poverty in America. Will the Minister with responsibility for legal aid think again? Currently, both local authorities and his Department are cutting the money available for advice. Where will the people of Haringey, the constituency in which the baby P and Victoria Climbié cases occurred, get that advice?