Oral Answers to Questions

Debate between David Gauke and Jo Stevens

Tuesday 4th June 2019 Commons Chamber

[Mr Speaker]

The Secretary of State’s moral probity was never in doubt for a moment.

[Jo Stevens (Cardiff Central) (Lab)]

The Secretary of State will know about the terrible legacy of the imprisonment for public protection sentence, and its negative impact on both reoffending and re-incarceration. Will he meet me, and my constituent whose son received an IPP sentence, to discuss ideas for reform of the licence that applies?

[Mr Gauke]

The challenge of IPP cases is that the Parole Board must satisfy itself that those who have been sentenced to IPPs no longer pose a risk to society. That can be very difficult, and in many cases there are risks to society, so we must be cautious and ensure that we protect the public. I know that the Minister responsible for prisons and probation, my hon. and learned Friend the Member for South Swindon (Robert Buckland), would be happy to meet the hon. Lady.

Oral Answers to Questions

Debate between David Gauke and Jo Stevens

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

My hon. Friend rightly highlights an horrific incident, and I know the prisons Minister has already replied to a letter from him on this matter. We are fully committed to addressing the significant increase we have seen in the number of assaults on our hard-working prison staff. The new Assaults on Emergency Workers (Offences) Act 2018 increases the penalty for those who assault emergency workers, including prison officers, and I understand that the police are continuing to investigate this particular incident.

[Jo Stevens (Cardiff Central) (Lab)]

We have already heard that assaults against prison officers are at record levels, and those levels are rising at a record rate. Why is the Secretary of State more interested in taking prison officers to court for raising health and safety concerns than in sitting around the table and working with them to develop an urgent violence reduction strategy?

[Mr Gauke]

We are very focused on reducing violence, which is why we are taking the measures that we are: introducing the extra staff; giving prison officers access to PAVA; increasing the use of body-worn cameras; and increasing measures to stop drugs getting into prisons—as we have heard, they can often be a driver of this violence. So that is precisely what we are doing and will continue to do.

Civil Liability Bill [Lords]

Debate between David Gauke and Jo Stevens

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 4th September 2018 Commons Chamber

[Mr Gauke]

I am glad that the hon. Gentleman asked me that question, because not only have we had public assurances from insurance companies that represent 85% of the policies, but we will table amendments to the Bill to ensure that we can hold those companies robustly to account, particularly given their public commitments. If those are his concerns, I think he will find as the Bill progresses that they are met.

[Jo Stevens (Cardiff Central) (Lab)]

Will the Secretary of State elaborate on his last remark? What incentives or restrictions will there be for insurance companies to make sure that they pass on any savings? Historically, they have not done so.

[Mr Gauke]

I would challenge that. When the Competition and Markets Authority looked at the insurance industry, it found that it is a competitive industry. The factor that is most likely to ensure that benefits are passed on to consumers is competition, and the evidence suggests that there is competition in this area, but we will ensure that insurance companies provide robust information so that they can be properly held to account. As I say, the Government will bring forward amendments in this area, as we have committed to do.

--- Later in debate ---

[Mr Gauke]

We have a system of small claims—by and large, these are very straightforward claims. We want to ensure that support is there so that people are able to bring the claims in person. As I have said, these are simple claims and it is right that we also take action to address some of the concerns that we have. I shall set out more detail in my remarks, but I believe that we have the balance right in terms of the increase to £5,000.



The Bill provides that the tariff will be set in regulations to be debated via the affirmative procedure by Parliament following Royal Assent. We are committed to tabling an amendment in Committee that will require the Lord Chancellor to consult with the Lord Chief Justice before making those regulations. The judiciary will have discretion to increase the compensation payable in exceptional circumstances and, after listening to the views in the other place, we have amended the Bill to ensure that overall compensation levels in the tariff are reviewed at least every three years. We listened carefully to the comments made by the Delegated Powers and Regulatory Reform Committee in the Lords. We accepted its recommendation and tabled an amendment to include a full definition of whiplash injury in the Bill in order to remove any ambiguity about what that constitutes in law.

The Government’s reform programme also includes measures—not included in the scope of this Bill—to increase the small claims track limit for road traffic accident personal injury claims to £5,000, and for all other personal injury claims to £2,000. As these claims are generally not complicated, they are suitable to be managed in the simpler, lower cost small claims track. This route is designed to be accessible to litigants in person without the need for a lawyer, although claimants may still seek legal representation if they wish. To support this, the Government are working with a wide stakeholder group including the insurance industry, claimant solicitor representative groups and consumer groups in order to design and deliver a simple-to-use online service to enable the vast majority of those claiming for low-value road traffic accidents who may well choose not to be represented by legal advisers to receive help and guidance to manage their cases through to conclusion.

The service will be designed for those with no legal advice or training, and will be as simple to use as possible to ensure that the claimant journey is as smooth as it can be. Raising the small claims limit for these RTA cases to £5,000 will work to control their costs, acting as an incentive for insurers to challenge, rather than settle, those cases that they believe to be without merit. This is vital to changing the unhealthy culture that sees whiplash claims as a way to make easy cash. The reality is that, as insurers are forced to offset the cost of the abuse by raising premiums, fraudsters are simply taking money out of the pockets of honest motorists.

[Jo Stevens]

If the Secretary of State is so confident about those increases in the small claims limit, why are they not on the face of the Bill?

[Mr Gauke]

These matters are governed by regulation and we are proceeding on that basis.

Parole Board: Transparency and Victim Support

Debate between David Gauke and Jo Stevens

Friday 19th January 2018 Commons Chamber

[Mr Gauke]

Yes, I can give my hon. Friend that assurance. Without dwelling on the details of the reasons that I have already set out, I have given very long, close and serious consideration to my options.

[Jo Stevens (Cardiff Central) (Lab)]

The Secretary of State has quite rightly concentrated on the victims and the issue of transparency in his remarks, but he also referred to the fact that there are some victims who are crowdfunding to bring potential legal proceedings. That is because civil legal aid has been severely restricted for judicial review cases by the previous coalition Government. Will he please look again at the availability of civil legal aid for judicial review?

[Mr Gauke]

In the context of legal aid generally, the hon. Lady will be aware that there is currently a review of that. I do not intend to say any more on that until that review has been completed.