Oral Answers to Questions

Damian Green Excerpts

Tuesday 19th March 2013 Commons Chamber

[Andy Sawford (Corby) (Lab/Co-op)]

4. What recent assessment he has made of reoffending rates; and if he will make a statement.

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

Reoffending has been too high for too long; 47.2% of those released from custody in the year to March 2011 reoffended within a year.

We want to reduce reoffending and extend rehabilitation services to those who need it. Our recent consultation on reforming the way offenders are rehabilitated in the community set out our plans for this area.

[Andy Sawford]

Northamptonshire probation trust has a great record of reducing reoffending, and local probation workers are shocked that the Government intend to put its core work out to tender. Will the Minister confirm whether, if the trust sets up a special purpose vehicle to bid, that will be ultra vires as the National Offender Management Service has suggested, and whether the staff involved would have to resign first?

[Damian Green]

I am happy to reassure the hon. Gentleman that not only would that not be disallowed, the Cabinet Office is providing advice for probation trusts that want to do that.

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

Does the Minister agree that long prison sentences are more successful in deterring reoffending than short sentences?

[Damian Green]

Those who are sentenced to less than 12 months certainly have a higher propensity to reoffend—57% as opposed to 47%—but the length of a sentence is dictated by the seriousness of the offence. A failure in the current system, which the scheme that we are introducing will address, is that those who come out after a shorter sentence have no rehabilitation. We will provide that under the new system, and we hope and expect that that will bring down the reoffending rate among precisely the group he complains about.

[Kate Green (Stretford and Urmston) (Lab)]

Will the Minister acknowledge that preventing reoffending among women requires the provision of specialist and specifically targeted and designed services to meet their holistic needs within the context of the criminal justice system? What steps will Ministers take to ensure that the payment-by-results model will protect that specialist provision for women?

[Damian Green]

The precise point of the payment-by-results system and of bringing new people into the system will be to allow providers with specialist skills—for example, in dealing with women offenders—to bring those abilities, skills and experience to bear so that we have much more targeted and tailored rehabilitation than in the past. Specific groups, including obviously women offenders, will be rehabilitated more effectively in the future.

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

Seven out of 10 young people released from prison go on to reoffend within 12 months. Despite all the best efforts of those involved in the current system, it is obvious that it is failing. What does the Minister intend to do to improve the situation?

[Damian Green]

As my right hon. Friend the Secretary of State explained, we completely agree with my hon. Friend’s analysis that the current system is not good enough. Reoffending rates have been broadly flat for the last 10 years, despite an enormous increase in public spending in that area. We want to introduce payment by results, new ideas, new people and new providers not just so that more people are rehabilitated after they leave prison, but so that the rehabilitation system is better and more targeted.

[Steve Brine (Winchester) (Con)]

5. What plans he has to prevent young people from entering the criminal justice system.

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[Philip Davies (Shipley) (Con)]

14. How many people convicted of robbery were not sent to prison in each of the last three years.

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

In 2009, 3,509 people were not given an immediate custodial sentence for robbery. In 2010, that figure was 3,568 and, in 2011, 3,710. The majority of those were young offenders. However, in the same period, nearly 16,000 offenders were sent to custody for robbery. Robbery is a serious crime carrying a maximum penalty of life imprisonment. Armed robbery is on the list of offences which can attract a “two strikes” mandatory life sentence.

[Philip Davies]

Recently, John Calvert was convicted of mugging a woman student in Bradford city centre. At the time of his offence, he was on a 12-month intensive community order for robbing a 13-year-old girl of her mobile phone. Is the Minister proud of presiding over a criminal justice system that allows dangerous offenders committing those kinds of street robberies to walk free from prison and to go out and commit other crimes across the Bradford district?

[Damian Green]

My hon. Friend would not expect me to comment on individual cases. I am happy to reassure him that the sentencing guideline on robbery states that the offence will usually merit a custodial sentence but that exceptional circumstances may justify a non-custodial penalty for an adult or, more frequently, for a young offender. However, sentencing in individual cases is a matter for the courts. I hope that he will join me in welcoming the fact that it is a matter for the courts, rather than for politicians.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

May I press the Minister on this matter? We know that serial burglars are not locked up but is it right that Vicky Pryce and Chris Huhne should be imprisoned when it would have been much better if they had been given a community sentence and were working in the community?

[Damian Green]

The hon. Gentleman is slightly suggesting that politicians should set sentences. I am happy to reassure him that the average sentence for burglary is going up—if he wishes that to happen, I can assure him that it is happening. The adult custodial rate for robbery in 2011, the last year for which figures are available, was 84.3%, so the vast majority of people who commit robbery do end up in jail.

[Mr Gregory Campbell (East Londonderry) (DUP)]

According to the figures that the Minister has just given, 100 more people in each of the last three years were not sentenced to prison as a result of a conviction for robbery. What steps is he taking to reassure people throughout the UK that that figure will be reduced in the next three years?

[Damian Green]

As I say, the average sentence is going up. One of the things that has been discussed a lot in Question Time today is how more effective rehabilitation is dealing with some of the most prolific offenders. As has been said, a lot of robberies are committed by reoffenders, so getting rehabilitation right earlier in the system, so fewer people commit such crimes, is the best defence we have against more of these prolific offenders being out on the streets committing offences.

[Diana Johnson (Kingston upon Hull North) (Lab)]

15. What his sentencing policy is for the most serious and violent offenders.

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

Serious and violent offenders deserve to go to prison. That is why we introduced mandatory life sentences for anyone convicted for a second time of a very serious sexual or violent offence, and tough extended determinate sentences for other dangerous offenders. The new regime restores clarity, coherence and common sense to sentencing.

[Diana Johnson]

In Hull last year, the clear-up rate for actual bodily harm was 41%, but for sexual offences it was only 28%, and we know that 7,000 fewer violent crimes were solved nationally. Mandatory life sentences are available only for second offences of a very serious sexual and violent nature, and many offenders are not convicted in the first place. With indeterminate sentences having been abolished for that particular group, is the Minister satisfied that the public are protected from these very dangerous offenders?

[Damian Green]

I hope the hon. Lady is reassured by, for instance, the new extended determinate sentence, under which the offender receives a custodial sentence plus a further long extended period of licence set by the court. Offenders receiving that sentence will serve at least two thirds of the custodial term, which is higher than has been the practice in recent years, showing that the system is not just more coherent, but, for these kinds of serious offences, tougher than before.

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

Does my right hon. Friend agree that in north Yorkshire one of the difficulties with sentencing and bringing people to trial is the lack of a sexual assault and rape centre? What plans do the Government have to bring one forward?

[Damian Green]

My hon. Friend will have heard the victims Minister, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), set out the much good work she is promoting in terms of victims’ centres, and in particular rape victim centres. I assure my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) that Ministers are taking that issue very seriously in all parts of the country, and particularly in north Yorkshire.

[Mr Henry Bellingham (North West Norfolk) (Con)]

16. What plans he has to ensure that high net worth defendants do not receive legal aid.

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[Peter Aldous (Waveney) (Con)]

T3. Has the Secretary of State considered increasing the maximum sentences available to magistrates from six to 12 months, so that justice can be delivered more efficiently, fairly and quickly by magistrates who live in, and have a good understanding of, the communities they serve?

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

We are considering the case for increasing magistrates’ custodial sentencing powers in the way that my hon. Friend and, indeed, the Magistrates Association has suggested. I agree that magistrates have a very important role to play in our society and we should be thankful for the work they put in. We are exploring other ways to make use of the skills and expertise they bring.

[Sadiq Khan (Tooting) (Lab)]

I am sure the Justice Secretary agrees that we need not only to ensure that people do not become victims of crime in the first place, but that those responsible for crime are caught and dealt with appropriately by the criminal justice system. Burglary can have a devastating impact on the victims of crime and leave families traumatised. What are the Justice Secretary’s views on those accused of burglary being given a caution?

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[David Mowat (Warrington South) (Con)]

T6. A continuing issue is convicted criminals who hide their wealth or in other ways refuse to abide by financial assessment orders. Is there more we can do in this area?

[Damian Green]

As my hon. Friend knows, the Government recently published details of measures to strengthen the Crown court means-testing scheme. They include steps to ensure that if a defendant fails to co-operate with the new legal aid agency, and if it believes they have sufficient means to pay, they may be pursued for all their outstanding legal aid costs following conviction. From July, the Government will also introduce motor vehicle order regulations so that the agency can seize a defendant’s vehicle if they refuse to pay their contribution towards their costs. Significant action is being taken in this area.

[Nick Smith (Blaenau Gwent) (Lab)]

T4. The failed contract with ALS/Capita is a year old. Does the Minister agree that her claims of massive savings cannot be demonstrated, given that the Ministry refuses to publish details of how much is spent off-contract to purchase interpreting services?

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[Paul Goggins (Wythenshawe and Sale East) (Lab)]

T8. During the Report stage of the Crime and Courts Bill, there was unfortunately insufficient time for Ministers to speak to Government amendment 110, which provided for statutory guidance on the use of restorative justice. Will the Minister take this opportunity, given that there was extensive discussion in Committee and outside on this issue, to explain to the House how that amendment will extend and strengthen the use of restorative justice in the criminal justice system?

[Damian Green]

First, I thank the right hon. Gentleman for his kind remarks on Third Reading of the Crime and Courts Bill last night. The Bill gives judges explicit powers to defer sentencing to allow restorative justice to take place between a victim and an offender. The amendment provides that restorative justice practitioners must

“have regard to any guidance that is issued”

by the Secretary of State, with a view to “encouraging good practice” in the delivery of pre-sentence restorative justice. That is a significant step forward for restorative justice and I know that the right hon. Gentleman will welcome it.

[Andrew Selous (South West Bedfordshire) (Con)]

Will the Government aim to ensure that no prisoner leaves prison without being able to read and write as that would further reduce reoffending and give prisoners a chance of finding work when they leave?