Inheritance and Trustees’ Powers Bill [Lords]

Dan Jarvis Excerpts

Wednesday 26th March 2014 Commons Chamber

[Dan Jarvis (Barnsley Central) (Lab)]

I thank the Minister for laying out in some detail the Government’s position on the Bill. As he outlined, it introduces a number of logical and constructive changes to the current laws on intestacy and family provision that apply in cases where a person dies without having made a valid will. As I have said in our previous debates, these are sensible reforms and Labour Members welcome them. The Bill simplifies what is, in practice, often an over-complicated area of family law. It revises legislation that has not been reviewed for over 20 years, in some instances amending laws dating as far back as 1925. It updates rules better to reflect the circumstances of families living in 21st-century Britain, and it irons out a number of minor technical issues.

I thank the Minister for the way in which he has steered the Bill through the House and engaged with Labour Members during this process. I also thank those in the other place and all the other Members of this House who have helped to scrutinise and improve the Bill, as well as the officials, officers and staff of the House who have helped to facilitate matters. I pay particular tribute to the Law Commission. The changes we are considering today are ultimately the culmination of a project it began in 2008 and the draft Bill it published in 2011. I thank it for its work over the past five years in helping to bring us to this point.

Let me turn briefly to the substance of the Bill. I have two general comments to make and one very brief question to put to the Minister. Both my points are reflected in the case of Pablo Picasso, with whom right hon. and hon. Members will be familiar as one of the great artists of the late 19th and early 20th centuries. Forty years ago, Picasso died at the age of 91. As well as a glittering career and a substantial artistic legacy, he left behind a significant estate that included much of his artwork, five homes, and a small fortune in cash, bonds and other assets. This would become the subject of some dispute, because what Picasso did not leave behind was a valid will. It would take six years before his estate was settled. It was eventually divided up between six different heirs, and the whole case cost some $30 million.

That is not a unique case and right hon. and hon. Members will know of other, more contemporary examples, but, even though Picasso was born in Spain and died in France, the lesson is just the same for us considering laws here in the UK. In essence, matters of intestacy and family provision claims can be long and complicated processes. There are numerous cases every year and, although some of them are unavoidable, the law should be as simple and straightforward as possible and we should encourage people to avoid them altogether by making a valid will.

As I said on Second Reading, the Law Commission stated in its 2011 report on intestacy that there are

“many instances where the current law is outdated, confusing or places unnecessary obstacles in the way of those with a valid claim to share in a deceased person’s assets.”

I know that the Minister will agree that that simply is not acceptable, especially when the people who have to manage the distribution—or unsatisfactory distribution—of an estate will also be coping with the loss of a loved one at the same time. Therefore, although these are largely technical changes, we should be mindful that even the most minor of improvements to the way in which the system works could make a world of difference to those families affected. The Opposition are hopeful and confident that this Bill will resolve many of the issues and we will be looking closely at the situation.

The Minister and I are united in recognising the importance of encouraging people to make wills. As has been acknowledged many times during our debates on the Bill, its proposals will come into effect only when someone has sadly passed away without having made a will or some other sort of binding declaration. If I may restate the figures, roughly 220,000 people died in such circumstances in 2011 and the Law Commission estimates that as many as two thirds of the UK adult population do not have a will. According to a survey carried out by the National Centre for Social Research, that includes as many as a fifth of people over the age of 75 and more than 90% of young adults under the age of 25. The Law Commission has also stressed that those who need a will most are the least likely to have made one. We need to do all we can to reach out to all sections of society on the importance of this particular issue.

Discussing what to pass on after one dies is not the easiest thing to talk about, but we need to get much better at it. I know that the Minister agrees with that. As he has said, we will meet shortly to discuss that and I look forward to continuing this debate with him over the weeks ahead.

May I ask the Minister to clarify one issue? The Government have accepted almost all of the Law Commission’s recommendations for reforming the intestacy laws. However, they have not adopted rules that would have applied to the surviving partner in a co-habiting couple. The Minister has said that there are no immediate plans to address that, but it is an issue, because will-making is far less common among couples who live together but are not married. More than 2 million couples live in such circumstances, but only about 13% of them have made a will and many do not appreciate that they have no automatic right of inheritance if one of them dies without leaving a valid will.

The Law Commission set out proposals to address the situation in its draft Inheritance (Cohabitants) Bill, but the Government previously indicated that the changes would not be implemented during this Parliament. In 2011 the then Minister, the hon. Member for Huntingdon (Mr Djanogly), informed the House that they had no intention to focus their efforts on them at that particular time. I am mindful of the Minister’s earlier comments, but given that the Inheritance and Trustees’ Powers Bill is so close to receiving Royal Assent, will he reconsider and agree to look at that specific area prior to the next general election?

Let me conclude by repeating that the Opposition welcome the action that is being taken and we are ready to work with the Minister to help to get the reforms right, because if we can save just a few grieving families from having to go through the intestacy procedures and make life a little easier for those who have to, that will make a real difference.

Oral Answers to Questions

Dan Jarvis Excerpts

Tuesday 18th March 2014 Commons Chamber

[Damian Green]

One of the most ironic heckles I have ever heard is the shadow Justice Secretary shouting “Part-time”, when that is the method that he adopts to his job.

[Dan Jarvis (Barnsley Central) (Lab)]

About 550 people lose their lives in homicides throughout the country each year. For the families left bereaved by these tragedies, the dreadful impact can last for many years afterwards. Victims of crime often need long-term or even life-long support. Will the Minister therefore explain why the Government’s new homicide service will not be providing services to families who have lost a loved one prior to April 2010?

[Damian Green]

As the hon. Gentleman says, the homicide service will deal with those who have been bereaved by homicide over the past few years, but more money has gone to local police and crime commissioners, and they can commission additional services, which may well include some of the groups that I know are worried about the services they are providing to more distant victims of homicide. I can assure him that I am equally concerned about that, but the PCCs will deal with them.

Oral Answers to Questions

Dan Jarvis Excerpts

Tuesday 4th February 2014 Commons Chamber

[Jeremy Wright]

I work closely with the Under-Secretary of State for Education, my hon. Friend the Member for Crewe and Nantwich (Mr Timpson), the Minister with responsibility for children and families, who, as the hon. Gentleman knows, takes a close interest in the welfare of children in care and those who leave care. He is right that a connection is, unfortunately, often made between those leaving care and those who end up in the criminal justice system, but it is important that we address the needs of young offenders throughout the process. He will appreciate that the Ministry of Justice encounters these young people quite late on in that process, but he is right that there should be co-ordination and that will continue.

[Dan Jarvis (Barnsley Central) (Lab)]

Recently, a jury inquest into the death of a 17-year-old at a young offenders institution indicated a string of failures by the authorities to safeguard the life of a vulnerable boy. In the past 10 months, there have been 12 deaths in custody of those aged 24 or younger. In the past 10 years, there have been 163 deaths. Will the Secretary of State and the Minister consider inviting the Justice Select Committee to undertake a review into how deaths of young people in custody can be prevented?

Oral Answers to Questions

Dan Jarvis Excerpts

Tuesday 17th December 2013 Commons Chamber

[Damian Green]

My hon. Friend raises an important point. Part of the extra money that is going to support victims in London and elsewhere comes from the proceeds of the Prisoners’ Earnings Act 1996. I am happy to tell him that whereas in 2011-12 some £332,000 went to Victim Support from this source, in 2013-14 the sum will be £825,000—more than two and a half times as much.

[Dan Jarvis (Barnsley Central) (Lab)]

Victims of domestic abuse are placed at risk when forced to give their safe address in open court in unrelated proceedings. That not only places the individual at risk from the abuser, but deters the thousands of victims who suffer from domestic violence from reporting this horrendous crime. Does the Minister support Eve’s law, which seeks to address that anomaly, and will he work with the campaign to ensure its implementation in law?

[Damian Green]

I will happily consider that. The hon. Gentleman makes a reasonable point. It is for the judge to decide in each individual case, and it is not for Ministers at the Dispatch Box to decide what judges do in each individual case. We are already taking a range of steps to protect people who may be victims of domestic violence, and I am always happy to look at others.

Oral Answers to Questions

Dan Jarvis Excerpts

Tuesday 12th November 2013 Commons Chamber

[Damian Green]

Some services will continue to be provided nationally, as I am sure the right hon. Gentleman is aware. The bulk of the funding is indeed being devolved to police and crime commissioners, who are all enthusiastic, across party boundaries, to maintain and improve victim services. Those who are closer to the specific problems of a local area are likely to be more sensitive to the needs of that area than the old top-down, centralist system that the right hon. Gentleman still clearly hankers after.

[Dan Jarvis (Barnsley Central) (Lab)]

Why are victims of crime not entitled to a full-time Victims’ Commissioner?

Oral Answers to Questions

Dan Jarvis Excerpts

Tuesday 8th October 2013 Commons Chamber

[Jeremy Wright]

As my hon. Friend would expect, I cannot agree that the wrong decision was taken, but I can reassure him that we carried out a full and proper assessment of what was going on not only at Blundeston, but across the estate. The reason I cannot publish that is, as he will immediately understand, that it is a comparative analysis and so would cause considerable consternation among prisons that did not quite make the cut. However, we will do everything we can to ensure that those currently employed at Blundeston are properly looked after, and we will work with him in any way we can to address the future use of the site. He and I have spoken about this matter many times, and I am sure that those who work at the site and have him as their representative will be very grateful for his interest.

[Dan Jarvis (Barnsley Central) (Lab)]

T7. Will the Minister publish the risk register for his probation privatisation plans, so that the public can see at first hand the dangers they are being exposed to as a result of this reckless rush to dismantle and fragment our probation service?

[Chris Grayling]

Let me tell the hon. Gentleman what I think would be a danger to the public—to continue to release people on to our streets after short sentences and with a high risk of reoffending with no supervision whatsoever. It should never have happened, it is unacceptable and the sooner it stops the better.

Oral Answers to Questions

Dan Jarvis Excerpts

Thursday 5th September 2013 Commons Chamber

[Maria Miller]

I thank my hon. Friend for his question. I applaud the work I saw when I visited B4RN, particularly that of Barry Forde, who is leading the community project. I fully support community projects—they are doing incredible work—and I have asked all local authorities to do what they can to support them and in particular to publish the maps of coverage. As a result of my hon. Friend’s hard work, Lancashire country council has agreed to work with B4RN to find a way to take the project forward.

[Dan Jarvis (Barnsley Central) (Lab)]

The challenges facing seaside towns are distinctive and reach across Government Departments. Last week, Labour’s document “Seaside Towns: What matters to coastal communities and economies” highlighted the fact that seaside towns are now among the most deprived areas in Britain. Given their importance to our tourism economy, what is being done to co-ordinate effort across Government to tackle the crisis facing our seaside towns and to give them the opportunity to once again flourish as thriving tourist destinations?

[Maria Miller]

The hon. Gentleman is absolutely right to pay tribute to the hard work of those who provide hotels and other attractions in our seaside towns. Our GREAT campaign features the beauty of our coastline as one of our key assets. I do not think that the hon. Gentleman’s proposed tourism tax would do anything to develop the future of our coastal towns. I urge him to reconsider it and to support our tourism industry.

Oral Answers to Questions

Dan Jarvis Excerpts

Thursday 18th April 2013 Commons Chamber

[Mr Vaizey]

I am well aware of the hon. Lady’s campaign, and I will certainly look at that issue on her behalf and write back to her about it.

[Dan Jarvis (Barnsley Central) (Lab)]

The Minister recently claimed that the Government’s funding cuts had had no impact on new writing in regional theatre, but the report “In Battalions” tells a very different story. Over the past 12 months, 62% of theatres have had to cancel one or more new plays, and 54% are commissioning fewer of them. The Minister must surely agree that that is significantly different from what he claimed. Does he therefore accept that the Government’s policies are hitting regional theatre, and will he tell the House what he is going to do about it?

[Mr Vaizey]

We have responded to the “In Battalions” report. I note that, of the 20 or so theatres that took part in the survey, about half had actually received an increase in their funding. We continue to support new writing, and theatre cuts amount to less than about 3% overall, so theatre has been well protected. The report concentrated on a few theatres whose funding had been impacted and did not concentrate on those that had had their funding increased or had received new funding. It ill behoves the hon. Gentleman, who supported Newcastle’s arts cuts, to complain about arts cuts.

Oral Answers to Questions

Dan Jarvis Excerpts

Thursday 10th January 2013 Commons Chamber

[Dan Jarvis (Barnsley Central) (Lab)]

The creative industries and tourism are hugely important sectors, contributing £88 billion each year, or 7% of the UK economy. It was astonishing, therefore, that the coalition’s mid-term review pledges for the remainder of this Parliament made no mention of either of those crucial industries. Which Minister—I do not mind which one—will tell the House why they have dropped the C from DCMS?

[Maria Miller]

I think the hon. Gentleman needs to be a little more cautious in his comments. He knows absolutely our commitment to the creative industries and to having the infrastructure necessary to ensure that they thrive. The facts speak for themselves, given the progress being made in industries such as the film industry and the gaming industry. I would draw his attention to those facts when he considers this matter further.

Oral Answers to Questions

Dan Jarvis Excerpts

Tuesday 3rd July 2012 Commons Chamber

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

Subject to parliamentary approval of the orders that have been laid before the House, the changes to the victim surcharge should be implemented in October. We would expect to see the revenue starting to come in six months thereafter. The money—up to £50 million—will come from offenders and go to victims, which is a move away from the taxpayer being responsible. The Government’s policies will also mean courts ordering offenders to pay more in compensation to victims—indeed, that will be the first duty on sentencers to consider.

[Dan Jarvis (Barnsley Central) (Lab)]

T4. According to the Legal Services Consumer Panel, 180,000 wills are written each year by unregulated services. Both the national press and the Barnsley Law Society have reported that thousands of people are being ripped off by unregulated will-writing services. What does the Justice Secretary think is the solution to the problem?

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

The Government recognise this as a serious issue. We are in discussion with the Legal Services Board, which has just done a consultation, and we will be making an announcement in due course.