Oral Answers to Questions

David Lammy Excerpts

Tuesday 9th June 2020 Commons Chamber

[Lucy Frazer]

My hon. Friend the Chair of the Select Committee recognises an important point. We are ensuring at the moment that we do not send young people to custody unless they have committed the most serious crimes. As a result, more than 50% of the youth in our estate have committed violent crimes. That leaves us with a challenging cohort. We want to provide more bespoke, individual support with early interventions for those in our care. As my hon. Friend will know, we are committed to establishing secure schools, which would expand our focus on education and individual support.

We have increased staffing in the youth estate by 27% and we are professionalising that service with a new foundation degree to ensure that those who work in our youth custody services deliver the right support.

[Mr David Lammy (Tottenham) (Lab)]

As children in the general population continue to return to school, those in youth offender institutions remain locked up in their cells for almost the whole day, without any access to education. An inspection by Her Majesty’s Inspectorate of Prisons last month found that children in Cookham Wood were spending just 40 minutes out of their cells. Can the Minister confirm that that was immediately rectified? The Children’s Commissioner for England found

“serious consequences for children’s rights, well-being and long-term outcomes”

and said that

“family and professional visits have been severely curtailed.”

As the Government prioritise returning children to school, will the Minister give me a date by which she expects all children in custody to have access to education, activities and family and professional visits?

[Lucy Frazer]

I thank the right hon. Gentleman for his questions, which are on a very important subject. He is right to say that in the youth estate, as in the adult estate, we took severe measures when we realised that we were facing a pandemic. We took those measures to save lives. We were looking at 2,500 to 3,500 deaths across the estate, so we took drastic action that we considered very carefully, which resulted in a severe lockdown. Although every death is tragic, as a result of the lockdown we have suffered only 23 deaths in our prison estate.

The right hon. Gentleman is right to identify, as the inspector pointed out, that there was a lockdown in the children’s estate, with only a small amount of time out of cell. I am pleased to say that that time has increased as the lockdown has continued, and in YOIs children are now let out for between two and three and a half hours every day. In the secure children’s homes there is almost a normal regime, with 12 to 14 hours out of cell. We have published our national strategy for recovery, and visits and education will be some of the first things that return in the children’s estate.

[Mr Lammy]

These extra limits on contact must mean that now, more than ever, holding children in custody should be a last resort. One third of all children on the youth estate are being held on remand without a sentence. We know that two thirds of them will not receive a custodial sentence. With criminal trials slowly being restarted, what action is the Minister taking, along with the Lord Chief Justice, to ensure that children held on remand are prioritised for criminal trials?

[Lucy Frazer]

The right hon. Gentleman is right to say that custody should be a last resort. I am pleased to say that it is a last resort, which is why we have a much smaller number of youth in custody at the moment: just over 700 across our estate. He makes an important point about remand, and I am pleased to say that, certainly in the adult estate, the judiciary have looked at and fast-tracked remand cases. I am also pleased to report that the Youth Justice Board has looked at those who are currently held on remand, and the youth offending teams will be reviewing whether any applications can be made to help those people who are on remand and can be released back into the community.

--- Later in debate ---

[Robert Buckland]

The hon. Gentleman knows that in response to this outbreak we took particular measures agreed by the Treasury to ensure that those working in the prison system were rewarded financially in terms of incentives and extra pay to deal with the pressure they were facing. That regime continues to exist, and we continue to engage regularly with prison representatives and the unions to discuss the issues he has raised. It is an ongoing discussion, but he can be assured that I and my Ministers have taken every reasonable step possible so far to support our dedicated staff.

[Mr David Lammy (Tottenham) (Lab)]

People still need justice, even in an emergency. In normal times, more than 200 jury trials ordinarily take place in England and Wales each week. During the height of the covid-19 lockdown, jury trials were suspended entirely due to public health concerns. A few weeks ago, as the lockdown measures were relaxed, jury trials restarted, but at only a fraction of the normal rate. We expect the Ministry of Justice to at least know the size of the challenges it faces. What is the Secretary of State’s estimate of the total number of jury trials in the backlog currently waiting to be held?

[Robert Buckland]

The right hon. Gentleman will be glad to know that I continue to look at that on a daily basis. The overall case load in the Crown Court is approaching just over 41,000. Before the crisis it was 39,000, so there has been a slight increase. Within that case load, the courts have managed a lot of cases that can be dealt with administratively and by way of plea, but that does leave a cohort of trials to be dealt with. Normally, 200 jury trials a week will be heard in England and Wales, and we are still dealing with a very small number. That will clearly tell him the scale of the challenge, but I can say to him that both the Lord Chief Justice and I are working together closely in order to scale up capacity, to look at court hours and the way the courts sit so that we can accommodate jurors and staff, and to do whatever it takes not just to manage that case load number but to bring it down as we go through the year.