Oral Answers to Questions

Damian Green Excerpts

Tuesday 2nd July 2013 Commons Chamber

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

2. What assessment he has made of the use of restorative justice on the secure children’s estate.

[The Minister for Policing and Criminal Justice (Damian Green)]

The Ministry of Justice and the Home Office have commissioned an evaluation of a number of restorative justice pilot schemes, some of which have involved young people, but there has been no specific evaluation of the use of restorative justice on the youth secure estate.

[Stephen Gilbert]

We know that reducing the unnecessary criminalisation of children should be a key priority, and clearly children within the secure estate are particularly vulnerable. We also know that restorative justice approaches deliver better outcomes for all involved. Will the Minister commit to introducing a specific study on the use of restorative justice in the secure children’s estate?

[Damian Green]

I entirely agree with the hon. Gentleman’s underlying point. Restorative justice has proved to be an extremely successful method; evaluation has found that 85% of victims who have participated in it said that they were satisfied with the experience. We will certainly keep a close eye on how it can be used most effectively for young people.

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

Last year the Justice Committee visited Northern Ireland to see how restorative justice was working there. It is a mainstream means of disposal in Northern Ireland, and it works extremely well. Would the Minister care to look at the way in which it works in Northern Ireland in order to inform his decisions?

[Damian Green]

I would be very happy to do that. I am aware of the work that has been done in Northern Ireland, which has been extremely successful, and I should remind the right hon. Gentleman that the Crime and Courts Act 2013 places pre-sentence restorative justice on a statutory footing for the first time, so I very much share his underlying thoughts on this.

[Damian Hinds (East Hampshire) (Con)]

3. What assessment he has made of the contribution that financial inclusion programmes can make towards reducing reoffending rates.

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[Mr William Bain (Glasgow North East) (Lab)]

12. What his policy is on whether the UK should continue to be a contracting party to the European convention on human rights.

[The Minister for Policing and Criminal Justice (Damian Green)]

The Government remain committed to the European convention on human rights and to ensuring that those rights continue to be enshrined in UK law. We are also closely involved in the process to reform the Strasbourg Court.

[Mr Bain]

The Foreign Secretary promised that there would be no downgrading of human rights under this Government, so can the Minister explain why the Justice Secretary and the Home Secretary believe it is right to end 60 years of strong human rights protection drawn up by British lawyers and politicians, which have served both the United Kingdom and Europe so well?

[Damian Green]

Every member of this Government is concerned with making sure that human rights remain one of the bases of a good democratic society. There is no secret about the fact that the two parties in the coalition Government may have slightly different views about how to enhance human rights in future. I am happy to assure the hon. Gentleman that on behalf of my party I am leading work to make sure that human rights do not get devalued by being exploited, particularly in the courts, by those who should not be exploiting the legislation for their own ends.

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

I thank my right hon. Friend for this reply. Is he aware that one interpretation of the European convention on human rights could be that people are prevented from exercising freedom of conscience in relation to same-sex marriage in practising their profession while wanting to maintain their religious beliefs?

[Damian Green]

There are clearly a number of areas—my hon. Friend has mentioned one—in which the potential interpretation of the existing human rights legislation could lead to effects which many in this House and outside would regard as perverse. That is precisely the sort of area which we are looking at very carefully so that human rights can remain something that we all unquestioningly support.

[Dr Julian Huppert (Cambridge) (LD)]

I and my colleagues very much welcome the Minister’s commitment that this Government will stay within the ECHR. Does he agree that those who wish to leave ought to make it clear which articles of the convention they have a problem with, and which aspects they do not agree with? Are there any that he does not agree with?

[Damian Green]

Again, every member of the Government has made it clear that the original convention was written well and expresses views that all of us in the House share. Members in all parts of the House, even in the Labour party, might admit that the way the legislation is now being used brings human rights into disrepute and that we need to do something about it. That is the work that I am leading on behalf of the Conservative party.

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

14. What steps he is taking to improve literacy among prisoners.

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[Jeremy Corbyn (Islington North) (Lab)]

T4. In answer to questions asked by my hon. Friend the Member for Glasgow North East (Mr Bain) and others a few minutes ago, the Secretary of State and his colleagues were less than clear about the European convention on human rights. Which part of it do they object to and want to change, and are there plans to leave the convention altogether?

[The Minister for Policing and Criminal Justice (Damian Green)]

I am sorry that the hon. Gentleman did not hear my answer. There is genuine discontent about the way in which the perfectly reasonable articles in the convention have been misused in this country’s legal system, such that in many cases people who should not be able to use them misuse them in order to abuse this country’s hospitality by staying here when they have no right to do so and generally bring the whole concept of human rights into disrepute. The hon. Gentleman and I would agree that human rights ought to be the bedrock of a democratic society, but the problem with the current system is that that is in danger of no longer being the case. I would have hoped that he would welcome our attempts to reform it.

[Mr Philip Hollobone (Kettering) (Con)]

T5. If it is true that there are still almost 11,000 foreign national offenders in our prisons, what steps are being taken to negotiate compulsory prisoner transfer agreements with other nations so that these people can be sent back to secure detention in their own countries?

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[Mr Laurence Robertson (Tewkesbury) (Con)]

T8. The Secretary of State has expressed his concern recently about the use of cautions for people who commit burglary. What progress has he made on strengthening sentences, particularly for those who have been convicted of burglary, because it remains a serious offence?

[Damian Green]

I share my hon. Friend’s concerns. He will know that burglars now face sentences of up to 14 years and that those who commit a third domestic burglary face a minimum sentence of three years’ imprisonment. I am also happy to inform him, and those who are chuntering on the Opposition Front Bench, that the number of burglaries is clearly going down. Over the past 12 months, the number of burglaries has fallen by 3,000. That is an example of how our police reforms are working and how crime is falling in this country.

[Mr William Bain (Glasgow North East) (Lab)]

T7. The Conservative party has always claimed to be suspicious of an over-mighty state. Why, then, do the Justice Secretary’s plans for judicial review reform strengthen the role of the state at the expense of the rights of individual citizens?

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[Ann Coffey (Stockport) (Lab)]

The appointment of registered intermediaries is an underused special measure for child witnesses. Because children do not hear or understand language in the same way as adults, they can find cross-examination very confusing. What more can Ministers do to encourage the appointment of registered intermediaries to help children give good quality evidence in court?

[Damian Green]

The hon. Lady is right that registered intermediaries do an extremely good job. On the wider front, I hope she is aware of the measures that we are taking to protect vulnerable witnesses and young vulnerable witnesses in particular. We have announced the reform that will allow them to give interviews by video link, so that they do not have to be in court; we are looking at ways to avoid unnecessary multiple cross-examinations by barristers; and we are piloting ways of allowing them to give evidence by video in advance. We have a number of ways to protect such witnesses.

[Duncan Hames (Chippenham) (LD)]

I understand the need to bear down on costs that is driving the Lord Chancellor’s legal aid reforms. Given the disproportionate cost of defending corporate fraud cases, will he consider other ways to make savings, such as requiring those costs to be met out of companies’ public liability insurance?

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[Graham Evans (Weaver Vale) (Con)]

What plans does my right hon. Friend have to improve the number of court cases that go ahead on the day that has been scheduled, in order to reduce the upset caused to victims and witnesses?

[Damian Green]

My hon. Friend is right to identify that problem. We have just published a wide-ranging transformation of the criminal justice system, which will include much better use of technology to ensure that information available to the court helps the case go ahead on the day. There is also the use of more specialist courts for high-volume regular business that can be taken out of magistrates courts. That will enable magistrates to use their expertise where it is used best—in more complex cases—and enable cases to go ahead more often on the day planned, for the greater convenience of victims.

[Fiona Mactaggart (Slough) (Lab)]

Will the Secretary of State promise the House that if he were to close a women’s prison, he would ensure that some of the savings that arose went towards preventing women from going into prison in future?