Oral Answers to Questions

Debate between David Gauke and Alex Chalk

Tuesday 4th June 2019 Commons Chamber

[Mr Gauke]

I am sure that there will be; I would certainly expect that to be the case. One thing that we should learn from Scotland is that we need to ensure that community sentences are not ignored, and that drug treatment orders are completed. I know that that has been an issue in relation to some of the reforms in Scotland, and we need to learn from it, because if we are going to make these reforms we must ensure that community sentences are working properly.

[Alex Chalk (Cheltenham) (Con)]

The latest generation of GPS tags can monitor the specific movements of offenders rather than simply enforcing home curfews. Does my right hon. Friend agree that that gives courts a powerful tool to punish offenders in the community while keeping victims safe, as an alternative to short sentences?

[Mr Gauke]

I very much agree with that. I can tell the House that I wore a GPS tag for a couple of days, and was subsequently able to be informed of all my movements for the period concerned: precisely where I had been, and when. Thankfully I had not been up to no good, but it was a demonstration of how accurate and effective those tags can be. I believe that they have considerable potential for reassuring the public about community sentences, and about our ability to track those who might pose a risk to the community.

Prisons and Probation

Debate between David Gauke and Alex Chalk

Tuesday 14th May 2019 Commons Chamber

[Mr Gauke]

The hon. Lady brings me to probation, to which I wish to turn—

[Alex Chalk (Cheltenham) (Con)]

rose—

[Mr Gauke]

But before I do, I will give way to my hon. Friend.

[Alex Chalk]

My right hon. Friend is making a powerful speech. Of course, the picture is complex, because there are good and failing prisons in the private sector and in the public sector. One thing that has struck me is the variation in the calibre of leadership. There are some excellent prison governors and some who are less successful. What can be done to ensure that the requisite high level is seen across the prison estate?

[Mr Gauke]

My hon. Friend makes an important point. Sometimes, Opposition day debates can be a bit of knockabout, but there is a lot that we ought to debate and discuss in respect of the prison system and how it operates, and leadership is a really important aspect. I pay tribute to my right hon. Friend the Member for Penrith and The Border (Rory Stewart) and congratulate him on his promotion. He pursued with great vigour the theme of the importance of leadership—of having the right governors and leadership teams in prisons—and it is absolutely key. To be honest, that matters more than whether an institution is run by a private company or by the public sector. The quality of the leadership is a much more important factor. I hope we have an opportunity to debate that issue and others like it in future.

Oral Answers to Questions

Debate between David Gauke and Alex Chalk

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

The hon. Lady makes an important point. We have formed a drugs taskforce and we are working with law enforcement and with health partners across Government to restrict supply, reduce demand and build recovery. The taskforce is developing a national drug strategy, which will provide all prisons with guidance and examples of best practice to support them in tackling drugs. I should also point out that we are investing £6 million in 10 of the most challenging prisons to tackle drug supply and reduce demand. There is a greater focus on drug detection, on dedicated search teams, on body scanners and on improved perimeter defences.

[Alex Chalk (Cheltenham) (Con)]

Purposeful activity for prisoners is vital to encouraging rehabilitation and reducing volatility in our jails. What steps are being taken to drive down the number of prisoners who are locked up for 23 hours a day, which does not help to bring about peace in our prisons?

Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Debate between David Gauke and Alex Chalk

2nd reading: House of Commons
Tuesday 27th November 2018 Commons Chamber

[Mr Gauke]

Our court reform programme as a whole, which I will come on to, will ensure that we use technology wherever possible. It is right that we embrace that. The Bill is part of the process—it is not all of the process—that will ensure that we modernise. I have cited in the past ways in which artificial intelligence, for example, is being used within the legal profession. An example I have given is a case where AI was used to check a number of contracts to spot potential errors. The rate of success of the AI was somewhat better than that of the experienced lawyers, and if I remember rightly the task was done in 26 seconds rather than 92 minutes. I make that point to illustrate the opportunities in terms of technology and the law.

[Alex Chalk (Cheltenham) (Con)]

Innovation and modernisation are vital, but will the Secretary of State take this opportunity to recognise that the single most important strength of our judicial system is the judiciary who work in it and that everything must be done to ensure that we have a broad pipeline of talent so that they continue to be the best in the world?

[Mr Gauke]

I very much agree. We have a judicial system that is widely respected around the world for its independence and excellence, and that must long continue. I suspect that my hon. Friend is hinting at the question of how we can get more outstanding candidates to apply to the judiciary. It is right that we should address that challenge. He is right to suggest that this is one of our strengths as a country. It will be important in the years ahead as we leave the European Union that our legal system should continue to be widely respected. I believe that there are great opportunities for the UK to become even stronger as a legal centre, and I am keen for that to happen.

--- Later in debate ---

[Mr Gauke]

I am grateful to my hon. Friend for making that point, although he takes me away a little from the terms of the Bill. I realise that there is a debate about that matter, and there are arguments either way about the current age limit. I have certainly received representations calling for an increase on the current age of 70, and we continue to look closely at those arguments. I believe that there has to be an age limit, and it is a question of judgment as to what it should be. I would be delighted to discuss this with my hon. Friend in the Tea Room if the opportunity to do so should arise.

[Alex Chalk]

Building on the point that was well made by my hon. Friend the Member for North Dorset (Simon Hoare) about independence, may we have an assurance that under the Bill the procedure rule committees that decide what the authorised staff can do will be able to exercise that discretion free from any interference from the centre, so that they can ensure that only those jobs that ought properly to be delegated to those staff are so delegated, and that extraneous considerations such as cost need not be forced upon them when they make their decisions?

[Mr Gauke]

My hon. Friend brings me back to the Bill and makes a good point—one which came up on several occasions during the deliberations in the other place about the extent to which we should be prescriptive, or whether powers should be left with the rule committees. I share his instinct that as much as possible should be left to the rule committees, because they are best placed to make such assessments. Indeed, that leads to points made by distinguished retired judges in the other place about not being over-prescriptive. Such matters may be a point of discussion this afternoon or at the Bill’s later stages.

I now turn to the Bill in greater detail. The measures will help to provide the greater flexibility and responsiveness that we need within our court system. That includes freeing up judges’ time from the most routine tasks associated with court cases. The Bill will build on existing powers that already enable staff in most courts and tribunals to be authorised to exercise some of the functions of judges. It will continue to allow appropriately qualified and experienced staff in the civil, family and magistrates courts, the High Court, the Court of Appeal, the Court of Protection and tribunals to be authorised to carry out uncontroversial and straightforward judicial functions under judicial supervision. The Bill will enable those arrangements to be extended for the first time to the Crown court, where court officers can only currently undertake formal and administrative matters. Allowing court and tribunal staff to exercise a wider range of judicial functions will potentially free judges up from undertaking more regular tasks, such as changing the start time of a hearing or changing a pre-trial preparation hearing date, so that they can focus on the more substantive matters of the case.

--- Later in debate ---

[Mr Gauke]

The hon. Gentleman takes me further in the direction of the debate about the court closure plan, but we need to ensure that our resources are deployed as efficiently and effectively as possible. In that context, we have reduced the number of courts, but that money makes a contribution to our overall finances and can be reinvested as part of the court reform programme. We have to take every opportunity to make use of new technology to ensure that the experience of the justice system—the hon. Gentleman rightly highlights that witnesses are important in many cases—is as positive as possible.

I have touched on this already, but safeguards are important. Clearly, the delegation of certain judicial powers to court and tribunal staff needs to be done sensitively and sensibly, and with appropriate safeguards. Independent, judiciary-led procedure rule committees, which govern the rules within courts and tribunals, will determine which functions court staff may exercise in each jurisdiction and what qualifications and experience they will need. Those rules will then be subject to parliamentary scrutiny. All staff authorised to exercise judicial functions will ultimately be accountable to, and subject to, the direction of the Lord Chief Justice or the Senior President of Tribunals.

I am grateful for the valuable insight that Members of the other place brought to debating and scrutinising the measures in the Bill, particularly in relation to the exercise of judicial functions. Many of them drew on their own wealth of judicial experience and expertise in considering the practical issues of implementation.

Concerns were raised in the other place about the safeguards in delegating judicial functions to authorised staff. For example, concerns were raised that certain powers, particularly those that affect the rights and freedoms of citizens, should only ever be directly discharged by the judiciary. Indeed, the right hon. Member for Kingston and Surbiton raised that point.

We have listened to those concerns, and we tabled amendments in the other place that will prevent specific judicial functions from being undertaken by authorised staff, including authorising a person’s committal to prison; in most cases, authorising a person’s arrest; granting certain injunctions; making orders for repossession of residential property, where the orders are contested; and making search orders.

We tabled amendments that will require the procedure rule committees, when making rules to allow authorised staff to exercise judicial functions, to consider whether the rules should include a right to judicial reconsideration of decisions made by such staff. The amendments will also require that, if a procedure rule committee decides against the creation of such a right, the committee will have to inform the Lord Chancellor of its decision and of the reasons for it. This will ensure much greater transparency and accountability.

The measures in the Bill strike the right balance between creating a framework for the delegation of judicial functions to authorised staff, with appropriate safeguards, and giving discretion to procedure rule committees and the senior judiciary to make the arrangements work in practice.

[Alex Chalk]

Does my right hon. Friend agree that the principle of delegating functions to authorised staff is not, of itself, new? There has been a successful history, particularly in the magistrates courts, of delegating powers to justices’ clerks to carry out a number of functions, which even include such matters as issuing summonses or requesting pre-sentence reports. The principle is in place but, of course, the execution is vital.

[Mr Gauke]

My hon. Friend is right, and his experience is a benefit to the House. He knows of what he speaks. This principle is not new, but it is one where we think we can go further, to the benefit of the courts and tribunals system and of the users of that system. He is absolutely right.

A balance needs to be struck on the safeguards, and we believe we have found the right balance. Indeed, the position was strongly supported in the other place by Lord Thomas, the former Lord Chief Justice, and Lord Neuberger, a former President of the Supreme Court, both of whom have a wealth of experience in this area, having chaired procedure rule committees. The combination of Lord Thomas, Lord Neuberger and my hon. Friend the Member for Cheltenham, very distinguished lawyers all, is one that should reassure the House.

Lord Thomas warned on Second Reading against putting too much detail into the Bill:

“Experience has shown that detailed restrictions on procedure are a very real fetter on the administration of justice.”—[Official Report, House of Lords, 20 June 2018; Vol. 791, c. 2039.]

Similarly, Lord Neuberger warned in Committee of placing

“a potential straitjacket on the ability to appoint the appropriate people to make appropriate decisions.”—[Official Report, House of Lords, 10 July 2018; Vol. 792, c. 882.]

Lord Marks also warned against setting too high a bar on the qualifications of court and tribunal staff exercising judicial functions:

“It seems…that the purpose of this part of the legislation is to increase efficiency and…to everybody’s advantage…the speed of decision-making… Having a legislative requirement that all delegated decisions must be taken by qualified lawyers with a minimum experience requirement runs the risk of frustrating this objective.”—[Official Report, House of Lords, 16 October 2018; Vol. 793, c. 414.]

I make those points in anticipation that this may be an issue that we debate further this afternoon, but I think the case is persuasive.

Oral Answers to Questions

Debate between David Gauke and Alex Chalk

Tuesday 10th July 2018 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

10. What steps the Government is taking to improve offenders’ access to education and employment.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

Reoffending costs society around £15 billion a year. We must support people’s rehabilitation through education and employment opportunities, both when serving their sentence and after. We launched the education and employment strategy in May, and our reforms will empower governors to commission bespoke, innovative education provision that meets the needs of their prisoners and links to employment opportunities on release. Our reforms will also engage and persuade employers to take on ex-prisoners via the New Futures Network. We have consulted governors and employers on proposals to increase the use of release on temporary licence to enhance employment opportunities.

--- Later in debate ---

[Mr Gauke]

The hon. Gentleman raises an important point. Whether through the probation service, through charities or in prisons, we need to ensure that offenders get support when they are released. A lot of that work can be done within prison, which is why the education and employment strategy is so important. We want people to be geared up to go into employment when they are released, because if they are employed, they are less likely to offend.

[Alex Chalk]

I warmly welcome attempts to improve the employability of those in custody, but that will work only if the training relates to jobs that individuals want and for which there is a need in society. What steps are being taken to ensure that the resources are properly targeted at what will work best?

[Mr Gauke]

My hon. Friend is right. Returning again to the education and employment strategy, our emphasis is on ensuring that training is focused on what will help people into work, and we are giving governors greater control and discretion to ensure that they are well placed to do that.

Oral Answers to Questions

Debate between David Gauke and Alex Chalk

Tuesday 5th June 2018 Commons Chamber

[Mr Gauke]

I thank the hon. Lady, because I hear exactly the point that she is making. I have asked my Department for the evidence on this issue. If the evidence does point towards worse levels of reoffending and real difficulties for offenders if they are released on a Friday, we will look at that.

[Alex Chalk (Cheltenham) (Con)]

T2. Recent reports emerging from Belgium suggest that the suspect in the alleged terrorist murder of two police officers was a small-time crook who had been radicalised in prison. What steps have been taken to reduce the risk of radicalisation in our own prisons?

Universal Credit Project Assessment Reviews

Debate between David Gauke and Alex Chalk

Tuesday 5th December 2017 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

Is it not also critical that we send out clear and accurate messages? Can we put to rest the myth that if a claim is made today, it will not be possible to get benefits before Christmas? Is it not the case that advance payments mean that people can get the payments they need on time? This is a humane system.

[Mr Gauke]

My hon. Friend is exactly right. He highlights just one of the examples of what we have heard from the shadow Secretary of State for Work and Pensions. She said in The Times on 28 November that new claimants would not receive any money before Christmas, and that anyone claiming universal credit in 2018 would

“wait five weeks for any support”.

That is simply not accurate.

Under universal credit, any claimants can access support within days. Advances are currently available at 50%. They will be available at 100% in the new year, effectively providing a full payment within five days if that is what the claimant wants. Let us draw a contrast. If people were going on to jobseeker’s allowance, they might enrol several weeks before Christmas but receive no money until after Christmas.

[Mr Gauke]

We will continue with due process on that. I have said today that I will comply with the motion, which requires us not to publish the reports, but to provide them to the Work and Pensions Committee.

Let me give another example of scaremongering. On Friday, The Daily Mirror ran a piece about a woman who had been scared by all the media and political attacks on universal credit. She was so worried about her universal credit payments being stopped that she felt that she would have to cancel Christmas. Thankfully, we looked at her case. It turned out that the family’s universal credit payment for December would be £20 lower than that for November, but that the family’s total income and earnings alongside universal credit would be higher this month than last month. The conclusion is clear: the Opposition’s irresponsible scaremongering is causing unnecessary anxiety for people who are getting support from the system as they should. Let me give another example.

[Alex Chalk]

Gloucester City Homes.

[Mr Gauke]

I will come to that one.

The shadow Secretary of State has promoted the BBC “Money Box” piece that suggested that 100,000 people would lose their benefits over Christmas. The BBC subsequently apologised for the story and admitted that it was misleading. Will the hon. Lady do the same? I am happy to give way to her if she wants me to. She also suggested in The Times that only 600,000 people would receive the housing benefit transitional payment. I was clear in the House on 23 November that all of the 2.3 million people currently on housing benefit would be eligible. Will the hon. Lady therefore retract her assertion?

Let us not forget—my hon. Friend the Member for Cheltenham (Alex Chalk) has clearly not forgotten—that the Leader of the Opposition suggested that Gloucester City Homes had

“evicted one in eight of…its tenants”—[Official Report, 11 October 2017; Vol. 629, c. 324.]

One in eight is 650 people. In fact, eight people on universal credit had been evicted by Gloucester City Homes, and all had significant debt arrears before universal credit was introduced. One had moved out of their property 18 months earlier and another had moved abroad. I hope that the shadow Secretary of State will take the opportunity to correct the record and apologise on behalf of the Leader of the Opposition.

Oral Answers to Questions

Debate between David Gauke and Alex Chalk

Monday 13th November 2017 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

T8. Does my right hon. Friend share my concern that the inaccurate use of universal credit statistics can cause huge distress and concern to vulnerable claimants? Does he agree that everyone has a duty to check their facts before using them in this House?

[Mr Gauke]

I agree. May I give one example? Speaking from the Dispatch Box opposite recently, the Leader of the Opposition said:

“Gloucester City Homes has evicted one in eight of…its tenants because of universal credit.”—[Official Report, 11 October 2017; Vol. 629, c. 324.]

If that were true, it would amount to 650 tenants being evicted due to universal credit. Gloucester City Homes has described this as “not factually accurate”. In fact, a total of eight—not one in eight—tenants on universal credit have been evicted, all of whom had considerable rent arrears well before moving on to universal credit. I understand that one tenant had not been resident in their property for 18 months.

Oral Answers to Questions

Debate between David Gauke and Alex Chalk

Tuesday 17th January 2017 Commons Chamber

[Mr Gauke]

As the hon. Lady will be aware, the Prime Minister will have just begun making a speech on this matter, and my right hon. Friend the Secretary of State for Exiting the European Union will make a statement to the House later. Let me just say that the UK is in a very strong position on fintech, and on ensuring that this successful sector is a priority. Indeed, the Minister for Trade and Investment, my right hon. Friend the Member for Chelsea and Fulham (Greg Hands), led a delegation of 33 companies to India, where the focus was, among other things, on this sector and promoting the best of British businesses. We will continue to ensure that the UK remains a strong place for the sector.

[Alex Chalk (Cheltenham) (Con)]

Will my right hon. Friend join me in welcoming the fact that Cheltenham’s GCHQ cyber-accelerator is now up and running? Does he agree that that key element of the Government’s £1.9 billion national cyber-security programme will allow start-ups to gain access to GCHQ’s world-beating personnel and digital expertise to bring jobs and opportunity to Gloucestershire?

HMRC and Google (Settlement)

Debate between David Gauke and Alex Chalk

Monday 25th January 2016 Commons Chamber

[Mr Gauke]

The principle of taxpayer confidentiality is not new. It has existed for as long as we have had a tax system. If the hon. Gentleman wants to make a case for abandoning it, he ought to consider what the overall consequences would be for the attractiveness of the UK as a place in which to do business. Let me add that, without fully understanding the whereabouts of a company’s assets and activities, no one is in a position to make a judgment about how much tax it should pay. HMRC is able to do that, and HMRC is bringing in more money than ever.

[Alex Chalk (Cheltenham) (Con)]

I welcome the fact that the Government have raised £130 million, but does my right hon. Friend agree that it should not have had to take five years—and, no doubt, considerable public resources—to prise that money out? Do not multinationals themselves need to change their culture?

[Mr Gauke]

My hon. Friend has made an important point. The way in which to change the culture of multinational companies—and, indeed, we have already started to see signs of such a change—is to take the action that we have taken in implementing the BEPS recommendations and introducing a diverted profits tax. Those are the achievements of this Government.