Oral Answers to Questions

Debate between David Gauke and Gavin Newlands

Tuesday 4th June 2019 Commons Chamber

[Mr Gauke]

Indeed I am concerned about the impact of short sentences, not just on those who receive them but on society as a whole, because if they are ineffective in reducing reoffending, we are not doing society a favour and we are not reducing crime in the way we want to. As I said a moment ago, we set out our approach in the female offenders strategy—there is a case for looking at alternatives to custody for less serious offences. As a whole, I am ambitious to reduce the use of short sentences, which I do not see as being effective in reducing crime.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

11. What his Department’s policy is on short sentences.

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

There is a strong case for abolishing sentences of six months or less—with some exceptions—and we are working towards having firm proposals by the summer. There is persuasive evidence that short custodial sentences do not work in terms of rehabilitation and helping some offenders to turn their backs on crime, and that community sentences can be more effective in reducing reoffending and therefore keeping the public safe. That said, we must ensure that the public and the judiciary can have confidence in effective community orders that address offenders’ behaviour, meet their mental health and alcohol or drug misuse needs and provide reparation for the benefit of the wider community.

[Gavin Newlands]

Before his promotion—potentially to Prime Minister—the right hon. Member for Penrith and The Border (Rory Stewart) said:

“We have a lot to learn from Scotland, specifically on community sentences, and indeed we will be looking at what more we can do to emphasise that a custodial sentence in the short term should be a final resort.”—[Official Report, 24 April 2018; Vol. 639, c. 714-15.]

Given the Secretary of State’s answer just now, will he ensure that there is a continuity of approach within the new ministerial team in the MOJ?

[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.

Oral Answers to Questions

Debate between David Gauke and Gavin Newlands

Tuesday 23rd April 2019 Commons Chamber

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

9. What steps the Government plan to take to ensure that the UK legal system operates effectively after the UK leaves the EU.

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

The UK and the EU have agreed the terms of an implementation period. If Parliament is able to support a deal, common rules will remain in place during that period. That will provide certainty to businesses and citizens. The UK and EU have also committed to explore a new agreement on family judicial co-operation and other related matters; ambitious arrangements for services and investment, including legal services; and a future security partnership. My Department continues to work to ensure we are in the best position to negotiate our priorities.

[Gavin Newlands]

The former Brexit Minister, the hon. Member for Daventry (Chris Heaton-Harris) said at the Dispatch Box that a no-deal Brexit

“would not result in a reduction in mutual capability”—[Official Report, 20 March 2019; Vol. 656, c. 1077]—

on security and law enforcement co-operation.

However, the Solicitor General, when giving evidence to the Justice Committee, said:

“A no deal is deeply suboptimal when it comes to criminal justice”

and that

“we would lose the European arrest warrant”,

which

“raises all sorts of questions of delay and, frankly, potential denial of justice”.

Will the Justice Secretary tell me which Minister’s version of the post-Brexit future is accurate?

[Mr Gauke]

We are very clear that the best way forward is to reach a deal. That is what the Government are endeavouring to achieve and support from across the House would be quite helpful in delivering that.

Oral Answers to Questions

Debate between David Gauke and Gavin Newlands

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

I completely agree with the Chair of the Justice Committee. There are serious crimes for which a strong custodial sentence is exactly the right answer, but there are also cases for which short sentences, in particular, are ineffective for rehabilitation and do not serve society well. Prison should be used when appropriate, and we should look to develop alternatives to prison wherever possible.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

I am heartened by the Secretary of State’s answers thus far. Last September the prisons Minister, the hon. Member for Penrith and The Border (Rory Stewart), said that

“the evidence on what could be done to reduce reoffending by not overusing short prison sentences inappropriately is a good lesson from Scotland from which we wish to learn.”—[Official Report, 4 September 2018; Vol. 646, c. 41.]

At Holyrood, however, the Scottish Conservatives have long campaigned against the presumption against short sentences, claiming it to be a soft-touch approach. Does the Secretary of State agree that the Scottish Conservatives are out of touch in wanting to pursue an old-fashioned and entirely ineffective approach?

[Mr Gauke]

I will focus on the approach that I want to take in England and Wales. If we can find effective alternatives to short sentences, it is not a question of pursuing a soft-justice approach, but rather a case of pursuing smart justice that is effective at reducing reoffending and crime. That is the approach that I want to take in England and Wales.

--- Later in debate ---

[Mr Gauke]

Again, my hon. Friend is right to highlight this issue. The increased use of body-worn cameras can help to ensure that we have evidence that can ensure that wrongdoing by prisoners can be brought to book—it can enable prosecutions to be brought. It also provides an ability to ensure that the truth can always be discovered, which is important. Body-worn cameras are not the sole answer, but they are part of an answer on how to bring the number of these incidents down. The nearly 6,000 additional body-worn cameras, alongside staff training, can help us to move in the right direction.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Every assault on a prison officer is, of course, one too many. In the last full year, there were five times fewer serious assaults on prison officers in Scotland than there were in English and Welsh prisons. Given that stark contrast, and the fact that while this Government were slashing prison officer numbers by nearly a third their numbers in Scotland actually rose, will the Secretary of State meet the Scottish Government to discuss what he could learn from Scotland’s approach to this issue as well?

[Mr Gauke]

We have a co-operative relationship with the Scottish Government and that will continue. Let me point out that since October 2016 we have seen an increase in prison officer numbers of 4,300, which is to be welcomed. At one stage, people said, “Those are new numbers but they are very inexperienced”, but of course as each month goes by those prison officers are gaining experience and confidence. I believe we will see improvements in the months and years ahead.

Worboys Case and the Parole Board

Debate between David Gauke and Gavin Newlands

Wednesday 28th March 2018 Commons Chamber

[Mr Gauke]

My hon. Friend draws out exactly the tension that we have to resolve. We need to be more transparent; the House rightly demands that. In doing so, we must recognise that it is the Parole Board that would review the documentation and should do so very thoroughly, probe carefully, then reach its conclusion. If those processes are thorough, we have to support the Parole Board in delivering that.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Like everyone else, I welcome today’s ruling. This has, however, been an unnecessary mess, with a somewhat unfortunate scapegoat in Nick Hardwick. The real problems that have been uncovered are processes and rules not fit for purpose, a lack of support for victims and underfunding. The measures the Secretary of State has outlined, including the judge-led internal reviews, are of course welcome, but given that he does not have enough judges to serve the current case load timeously, how will he ensure that their additional role will not delay trials any longer than they are currently delayed?

Oral Answers to Questions

Debate between David Gauke and Gavin Newlands

Tuesday 6th March 2018 Commons Chamber

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

9. What assessment his Department has made of the effect of the UK leaving the EU on the operation of the legal system in each jurisdiction of the UK.

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

We are seeking a new deep and special partnership with the EU that works for the whole United Kingdom. Of course, Scotland and Northern Ireland have distinct legal systems. That is why, in the negotiations on civil judicial co-operation, market access for our legal services and criminal justice, I want a deal that works for Scotland and Northern Ireland as well as England and Wales. That is also why my Department is meeting regularly with the devolved Administrations to look at the ways in which our legal and justice systems are affected by EU exit.

[Gavin Newlands]

Unlike the European Union (Withdrawal) Bill, the Scottish Government’s legal continuity Bill gives the Scottish Parliament an enhanced role in scrutinising legal changes to devolved laws due to Brexit. What is the Secretary of State doing to urge his Cabinet colleagues to make similar provision for this Parliament for reserved matters in the EU withdrawal Bill?

[Mr Gauke]

In terms of what is described as the continuity Bill, I am not sure, in all honesty, how helpful or useful that will prove to be. The reality is that there is very close scrutiny in this House of the measures the Government are taking and the negotiations we are having.

Oral Answers to Questions

Debate between David Gauke and Gavin Newlands

Monday 13th November 2017 Commons Chamber

[Mr Speaker]

I call James Frith. Not here—where is the feller? I call Gavin Newlands.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

T5. I will take the hon. Gentleman’s place, Mr Speaker.My local authority in Renfrewshire is having to set aside nearly £1 million to mitigate the devastating impact on families of the roll-out of universal credit. It is hiring extra staff to deal with rent arrears, which it expects to increase by 5%. With all levels of government in Scotland forced to pick up this Government’s slack, what further evidence does the Secretary of State need to see the huge systemic problems in UC and to understand that he must pause the roll-out now?

[Mr Gauke]

Universal credit will help to transform lives positively. It is already doing so by giving people the opportunity to work and to progress in work. The Scottish National party can join the Labour party in being on the wrong side of the argument, but history will not forgive it for that.

Jobcentre Plus: Closures

Debate between David Gauke and Gavin Newlands

Thursday 6th July 2017 Commons Chamber

[Mr Gauke]

People who work in the hon. Lady’s constituency also travel to get to work. The fact is that we need a sensible and properly utilised jobcentre estate across the country, and that includes in London.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

More than 300 jobs will move from the Lonend site in Paisley to Glasgow, and this follows hundreds of job losses and transfers at Doosan Babcock and Chivas Brothers. This is the very last thing the Renfrewshire economy needs. Will the Secretary of State assure me that there will be zero redundancies as a result of this move?

[Mr Gauke]

The intention is to keep redundancies to a minimum but, as I made clear in my earlier remarks, the number of frontline staff in jobcentres in every nation and region of the country will be increasing, not reducing, over the course of the process.

Oral Answers to Questions

Debate between David Gauke and Gavin Newlands

Wednesday 23rd March 2016 Commons Chamber

[Mr Gauke]

The Scottish people have essentially three choices in their elections. Two of them—voting Labour or SNP—would involve paying more in income tax.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Does the Minister agree with me about the Chancellor’s reckless, last-minute intervention to tweak the fiscal framework after it had been agreed by the Treasury and the Scottish Government? Is the Minister aware that the Chancellor’s brinkmanship intentions endangered the framework at the very last moment?