David Lidington
Main Page: David Lidington (Conservative - Aylesbury)Department Debates - View all David Lidington's debates with the Ministry of Justice
(6 years, 7 months ago)
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Thelma Walker (Colne Valley) (Lab)
1. What steps his Department is taking to ensure that people in each region of England and Wales have adequate access to legal aid providers.
The Lord Chancellor and Secretary of State for Justice (Mr David Lidington)
The Legal Aid Agency regularly reviews the capacity of the legal aid market to cope with demand for legal aid and takes urgent action where any regional shortfall develops. I intend to look more widely at the impact of recent policy changes on access to legal aid as part of a forthcoming post-implementation review, about which I hope to be able to say more shortly.
Thelma Walker
The latest report from the Children’s Society, “Cut off from Justice”, found that in Yorkshire we saw a 56% drop in the availability of free immigration advice between 2012 and 2016. Given the acute vulnerabilities of unaccompanied children who need to access legal advice, will the Secretary of State commit to consider those children in the upcoming review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012?
Mr Lidington
There will certainly be an opportunity, as the hon. Lady wishes, for representations to be made and consideration to be given to that sort of change. While the most recent legislation did indeed exclude non-asylum immigration matters, much family law, including cases involving vulnerable children who might be taken into local authority care, is still eligible for legal aid.
Mr Philip Hollobone (Kettering) (Con)
While it is undoubtedly true that fewer people have access to legal aid than was the case before the reforms, it is also true that lots of people who are entitled to legal aid are not getting it. What can the Justice Secretary do to make sure that those people receive the finance that they need to get the access to justice that they require?
Mr Lidington
If people believe that they are entitled to legal aid, I would strongly encourage them to apply to the relevant authorities and to one of the legal aid providers that are contracted to provide that kind of advice. Even after the exclusion of certain categories in the most recent legislative reform, last year’s legal aid expenditure still amounted to £1.6 billion, which is nearly a quarter of my Department’s entire expenditure.
Laura Pidcock (North West Durham) (Lab)
Does the Minister believe that a greater number of people who have to represent themselves in court—so-called litigants in person—helps justice to be done in this country?
Mr Lidington
What is important is that we manage legal aid in a way that directs finite taxpayer resources to those cases where there is greatest need, and that we look actively for ways to simplify access to justice, including through the use of digital technology, so that people do not feel the need always to have that kind of professional representation.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
Barely a third of immigration detainees even know that they are entitled to 30 minutes of free legal advice in England and Wales, and only half have ever been able to access it. Given the horror show in Brook House that we saw on last night’s “Panorama”, will the Government act urgently to ensure that all detainees get access to the free legal aid that they urgently require?
Mr Lidington
As the hon. Gentleman knows, the centre that was the subject of last night’s programme is accountable to the Home Office. My right hon. Friend the Home Secretary is concerned about the allegations and appropriate action is being taken.
On the hon. Gentleman’s broader point, legal aid is still available for asylum cases. I would certainly hope that appropriate measures are taken in every relevant establishment to bring those rights to the attention of anyone who is detained and might qualify for legal aid.
Gloria De Piero (Ashfield) (Lab)
May I press the Secretary of State on a publication date for the legal aid review? Will he tell me how many people who have been denied legal aid since the Government changed the criteria the Government have heard from?
Mr Lidington
I would hope to able to give Parliament details in the relatively near future. I am conscious that this work has been promised. We have not yet been able to make an announcement, but the hon. Lady will appreciate that matters such as a general election and a change of Ministers have intervened. I want to press ahead with this as soon as possible.
Ronnie Cowan (Inverclyde) (SNP)
2. When the Government plan to announce how rebate arrangements will work for people who have paid employment tribunal fees.
Sarah Champion (Rotherham) (Lab)
4. What assessment his Department has made of the adequacy of compensation paid by the Criminal Injuries Compensation Authority in child sex abuse cases.
The Lord Chancellor and Secretary of State for Justice (Mr David Lidington)
Child sexual abuse is abhorrent. The taxpayer-funded criminal injuries compensation scheme provides an important avenue of redress for victims and is accessible to victims of violent crimes, including physical and sexual assaults. The Criminal Injuries Compensation Authority administers the scheme and decides all claims individually, independently of Ministers and Parliament.
Sarah Champion
Will the Secretary of State commit to updating the guidance in three specific areas? First, children cannot be complicit in their own abuse. Secondly, as part of a grooming process, children are coerced into carrying out criminal activities. Thirdly, will he look at compensation for victims of family abuse under the same roof before 1979? At the moment, CICA is denying compensation on those grounds.
Mr Lidington
I am happy to look further at all those three issues. Following some of the concerns expressed earlier this year, CICA decided to mount an urgent re-examination of its own internal guidelines—in particular, to make sure that there is no risk that a child could be disqualified from compensation because they had given consent when that consent had, in effect, been forced from them by a subtle process of grooming. The Department is also aware of concerns that have been raised about how the rules of the scheme work more generally in relation to cases of child sexual abuse. We are talking to organisations such as Barnardo’s and Victim Support in detail about those concerns and the reforms that they propose to deal with them.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
If it is a criminal offence to have sex with a child, how is such an offence anything but a crime of violence? To say that child victims cannot receive compensation for their abuse is simply victim blaming. The definition of a crime of violence was last reviewed five years ago. When will this be reassessed to ensure that sexually abused children are not denied compensation?
Mr Lidington
As I have said, we are discussing with the various charities the concerns that they have expressed. If the hon. Lady’s point was about the distinction that CICA makes between consent in law and consent in fact, this has been written into the law since it was first introduced by the previous Labour Government, I believe, and administered during their time in office. Its purpose was to ensure that we did not end up in a situation where, for example, two 15-year-olds engaging in sexual intercourse automatically led to a claim for compensation —it would be left to the authority to look at the facts of the case. I am very willing to look at, and CICA is already looking at, the guidance that applies to individual cases, but we should not lose sight of the fact that there was a reasonable motive behind the law as it was originally drafted.
James Gray (North Wiltshire) (Con)
No one will deny the absolute right and need of victims to receive proper compensation from CICA under these conditions, but does not the Secretary of State agree that there may be occasions—as in, for example, the very grave allegations made against the late Sir Edward Heath—when the informant is incentivised in one way or another to make the allegation by the likelihood of getting some kind of compensation? Should not the compensation wait so that the outcome of the investigation is known before the person making the allegations is paid?
Mr Lidington
The scheme operates to provide compensation for people who are victims of crime. Probably all of us, as constituency Members, can think of cases when somebody has been the victim of an assault, but it has been impossible to successfully prosecute the person or people responsible. A direct link to a trial and conviction is therefore not in the scheme. However, I do agree with my hon. Friend that if there is evidence that compensation has been sought fraudulently, the authority ought to seek the necessary legal action to recover those funds.
Rebecca Pow (Taunton Deane) (Con)
5. What steps the Government are taking to improve offenders’ access to education and employment.
James Cleverly (Braintree) (Con)
13. What steps the Government are taking to counter extremism and radicalisation in prisons.
The Lord Chancellor and Secretary of State for Justice (Mr David Lidington)
We have established a new extremism unit, between Her Majesty’s Prison and Probation Service and the Home Office, to strengthen our approach to tackling the threat of extremism in prisons and probation. Prison governors and frontline staff in prisons and the probation service are being given the training, skills and authority needed to challenge extremist views and take action against them. The first separation centre at HMP Frankland in County Durham was opened in June 2017, and the first prisoners are now being held there. Those facilities will hold the most subversive extremist prisoners, protecting the more vulnerable from their poisonous ideology.
Michael Tomlinson
I am grateful to the Secretary of State for that answer, and it is right to say that extremists target and manipulate the prisoners who they think will be most susceptible. Given his answer, what impact does he anticipate the removal of such individuals will have on the prison population as a whole?
Mr Lidington
The decision to proceed with the separation centre was taken only after very careful thought. We judged that it would be beneficial for the general prison population, and in particular for vulnerable and impressionable prisoners, if we could take out of association with them those who pose the greatest risk. Those who are going to be in separation centres will be assessed by experts regularly, and they will be returned to the mainstream prison population only if it is judged that the risk they present has reduced to a level that can be effectively managed there.
James Cleverly
Many young men start their journey towards radicalisation by seeking out in prison the strong male role models they so often lack in their lives outside. What is the Department doing to ensure that there are more better role models within the prison estate to guide them on to a better path?
Mr Lidington
My hon. Friend makes a powerful point, which I think has relevance not just to matters of penal policy but to social policy more generally. Many charitable and voluntary organisations are helping—for example, by bringing sport into prisons—to provide the adult male role models of whom he wants more. In the context of extremism, it is also important to pay tribute to the work of the imams in the prison chaplaincy service who are arguing, from a basis of scholarship and expertise, to rebut the extremist ideology that some have espoused.
Keith Vaz (Leicester East) (Lab)
Figures from the right hon. Gentleman’s own Department show that there are approximately 1,000 prisoners who have either been radicalised or are vulnerable to being radicalised. When they leave prison, those such as Khalid Masood, the Westminster terrorist, need to be effectively monitored. Is the Lord Chancellor satisfied that there is a sufficiently robust relationship between the police and the prison authorities to make sure that when such people come out of prison we know where they are and what they are doing?
Mr Lidington
The information we have is that only one of those involved in the recent attacks in London and Manchester had spent time in prison. That dated back to 2003 and there was no evidence to suggest that that man had been radicalised in prison. We clearly want the strongest possible joint work between the police, the Prison Service and the probation service. I believe that what we have at the moment is strong, but there are always lessons that can be learned and improvements that can be sought. We are committed not to be complacent but to continue with vigilance and determination.
Susan Elan Jones (Clwyd South) (Lab)
The Secretary of State spoke in his initial answer of a new initiative. Does that come with new money and, if so, is it adequate?
Mr Lidington
It is part of the duty of the Prison Service appropriately to look after all those whom the courts have sent into custody. We have found the money for the separation centres from within Ministry of Justice budgets—a sensible prioritisation of expenditure that will bring benefits to the management of the prison population more generally by separating those who pose a particular risk through extremist ideology.
Lucy Allan (Telford) (Con)
7. What assessment the Department has made of the adequacy of sentencing for crimes involving child sexual exploitation.
Brendan O’Hara (Argyll and Bute) (SNP)
17. What his Department’s policy is on the jurisdiction of the European Court of Justice in the UK after the UK leave the EU.
The Lord Chancellor and Secretary of State for Justice (Mr David Lidington)
The Government have been clear that in leaving the EU we will bring about an end to the direct jurisdiction of the Court of Justice of the European Union in the United Kingdom.
Carol Monaghan
As you know, Mr Speaker, Scotland has its own distinct legal system. Brexit will have a direct impact on that system, on justice agencies in Scotland and on a range of devolved issues. Will the Secretary of State confirm that that distinction will be given serious consideration as the Brexit negotiations progress?
Mr Lidington
Yes. Indeed, when I spoke to the Scottish Justice Minister Michael Matheson last month I emphasised to him that one of our key objectives in the official and ministerial-level meetings between my Department and his would be to ensure that the interests and features of the Scottish justice system are properly reflected in the UK’s work, particularly on future civil judicial co-operation with the European Union.
Brendan O’Hara
In January, the Prime Minister boldly and unambiguously asserted that Brexit would allow the UK to take back control of its laws and bring to an end the jurisdiction of the European Court of Justice in Britain. Last month, however, the official Government document on the ECJ said something entirely different: Britain would be willing to work with the EU on arrangements for judicial supervision. Given that remarkable change, how did the Prime Minister get it so wrong in January?
Mr Lidington
The hon. Gentleman is misreading the Government’s position. The Prime Minister was very clear in her Lancaster House speech, as the Government have been, that this country’s exit from the European Union means that the EU’s treaties will cease to apply to the United Kingdom and that therefore the direct effect that decisions of the Court of Justice of the European Union have in the United Kingdom will cease from that point. What is also the case, as spelled out in the Government paper on dispute resolution, is that there are many international examples of arbitration mechanisms that involve different jurisdictions coming together to agree how to take account of their different courts’ views in coming to a settlement when a dispute arises. We are approaching these negotiations in a constructive fashion.
Edward Argar (Charnwood) (Con)
11. What steps the Government are taking to improve the court experience for victims and witnesses.
Mr Philip Hollobone (Kettering) (Con)
T1. If he will make a statement on his departmental responsibilities.
The Lord Chancellor and Secretary of State for Justice (Mr David Lidington)
My priorities as Lord Chancellor and Secretary of State are to uphold and defend the rule of law and the independence of the judiciary, and to ensure that our prisons are safe and secure places that also work effectively, and with the probation service, to rehabilitate offenders. That means strengthening the frontline in the way described by the Under-Secretary of State for Justice, my hon. Friend the Member for East Surrey (Mr Gyimah), but it also means that we need to respond better to reports from prison inspectors. I am therefore setting up a new unit, ultimately accountable to Ministers, to ensure that we respond to, and follow up, inspectors’ reports swiftly and effectively.
Mr Hollobone
How many foreign-national offenders are there in our prisons, and why is not more being done to send them to secure detention in their own countries?
Mr Lidington
As of 30 June this year, there were 6,792 convicted foreign-national offenders serving sentences in our prisons. In 2016-17, we removed 6,177 such offenders from the United Kingdom—that is including prisoner transfers—and that is the highest number since records began.
Mr Speaker
I hope the hon. Member for Kettering (Mr Hollobone) will shortly reissue his textbook for colleagues on succinct questions.
Richard Burgon (Leeds East) (Lab)
This summer I was proud to sign up to the campaign launched by Gina Martin to change the law so that the disgraceful practice of so-called upskirting is made a specific sexual offence. So will the Minister finally join with us today in backing this call for a change in the law?
Mr Lidington
I have taken very seriously the representations made not only by Gina Martin, but by some of the police and crime commissioners around the country. I have asked for detailed advice on this, but I hope the hon. Gentleman will understand that, before proceeding to a commitment to legislation, I want to be absolutely certain that this would be the right course to take.
Brendan O’Hara (Argyll and Bute) (SNP)
T2. Last week a report from the committee of the United Nations made 60 recommendations to the Government on how they could better comply with the UN convention on the rights of persons with disabilities. How will the Government respond, and what changes in Government policy can disabled people expect to see as a result?
Mr Lidington
It is obviously for the Minister for Disabled People, Health and Work and the Department for Work and Pensions to decide overall on the Government response to that report. However, I think that the Government were right to express disappointment that the report failed to acknowledge the significant advances this Government have made in improving the lot of disabled people in this country, not least in seeing a record number of people with disabilities now in employment.
David Morris (Morecambe and Lunesdale) (Con)
T5. What upgrades have been achieved in prisons since we came into office, and how are we going to rehabilitate prisoners even further?
Carol Monaghan (Glasgow North West) (SNP)
T7. Last week, a Tory peer said that Brexit was a good thing because our young people would be able to work longer hours. Can the Minister confirm that his Government will continue to guarantee protections for workers in accordance with the European working time directive?
Mr Lidington
The Prime Minister could not have been clearer: we are committed to the best possible employment conditions for all British workers. We have a fine record of achievement on that, and we will ensure that when we leave the EuropeanUnion, there is no diminution in workers’ rights.
Henry Smith (Crawley) (Con)
In January last year, an Afghan national who had previously served time for murder in the Netherlands attacked two Crawley police officers with a clawhammer. Recently, the Court of Appeal has reduced his sentence. Can my right hon. Friend assure me that the Sussex Police Federation’s requests to the Home Office will ensure that he is deported at the earliest opportunity?
Mr Lidington
I can give my hon. Friend an assurance that the views of the Police Federation and others in his constituency will be conveyed fully to the Home Office. It remains the Government’s collective will to ensure that those foreign national offenders who merit deportation are deported as soon as possible after serving their sentence.
David Linden (Glasgow East) (SNP)
T8. Is the Minister aware that the Equality and Human Rights Commission has recommended that the protections afforded by the EU charter of fundamental rights be retained in the UK? What is he going to do about that?
Andrew Selous (South West Bedfordshire) (Con)
Will the Secretary of State look at how families are treated by the insurance industry when a householder gets a criminal conviction? The Salvation Army recently highlighted several cases in which insurance had either been denied or made prohibitively expensive in a way that seems to me, as a former chartered insurer, to be neither reasonable nor necessary.
Mr Lidington
I am happy to look at that and would welcome a conversation with my hon. Friend to examine the matter further.
Ann Clwyd (Cynon Valley) (Lab)
Thank you, Mr Speaker. Given the historical child abuse in north Wales, will Ministers now place in the Library the unredacted copy of Lady Macur’s report on the Waterhouse inquiry, which relates to many of the children involved?
Mr Lidington
The honest answer is that I am not familiar with the detail as to why an unredacted copy has not been published, but I will undertake to ask for urgent advice on that and will write to the right hon. Lady.
Mr Speaker
I will call the hon. Member for Bromley and Chislehurst (Robert Neill) if he confines himself to a short sentence.
Robert Neill (Bromley and Chislehurst) (Con)
Will my right hon. Friend join me in paying tribute to the work of Lord Thomas of Cwmgiedd, the Lord Chief Justice, who will have retired by the next Justice questions, both for his integrity as a judge and for his modernising work as head of the judiciary in England and Wales?
Mr Lidington
I am happy to join my hon. Friend in his salute to Lord Thomas, who has been a formidable and exemplary leader of the professional judiciary. What has struck me in the short time that I have held my office is the enormous respect and affection in which Lord Thomas is held by his colleagues on the judicial bench. I am sure the entire House will want to wish him all the best.
Helen Jones (Warrington North) (Lab)
In the last Parliament, a joint report of the Petitions Committee and the Women and Equalities Committee found widespread exploitation of women at work, and especially of young women in vulnerable employment. Now that the barrier of fees has been removed, will the Minister look seriously at the report’s recommendations and work with other Departments to ensure that women are aware of their access to justice?
Dr Julian Lewis (New Forest East) (Con)
Did the Secretary of State read the letter in the press by the widow of our late colleague, Ian Gow, contrasting the fact that the two IRA murderers suspected of killing him have no fear of arrest with the recent revelation that hundreds, if not thousands, of letters are being sent out to veterans of the troubles with a view to further prosecutions? Will he support the policy of a statute of limitations to put an end to this grotesque inequality of treatment?
Mr Lidington
The answer to my right hon. Friend’s question is that, yes, I did read the letter to which he refers. Those matters, as he knows, are the responsibility of my right hon. Friend, the Secretary of State for Northern Ireland, who is very concerned to ensure that a proper examination of the past, and a search for the truth about the past, does not lead to the unfair and disproportionate arraignment of British soldiers who stood firmly for democracy and human rights in Northern Ireland.
Several hon. Members rose—