Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 17th March 2015 Commons Chamber

[Mr Vara]

I agree that many people are very upset with the behaviour of those companies. In fact, millions of people are upset with what is happening. This is something that requires joined-up activity. The claims management regulator is working closely with the primary enforcement agencies at the Information Commissioner’s office and at Ofcom to investigate practices and take firm enforcement action against rogue companies. The hon. Gentleman will be aware that much work on nuisance calls has already been done and that the Department for Culture, Media and Sport is leading on reforms in this area. Last year, for example, the Department published a joint action plan, involving all the relevant regulators, including the Information Commissioner’s office, Ofcom and the claims management regulator.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

7. What his strategy is for supporting victims of crime.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Government are committed to putting victims and witnesses first in the criminal justice system and to ensuring that they have high quality, effective and timely support to help them cope and, as far as possible, recover from the effects of crime. We published our document on commitments to victims in September 2014 and introduced a package of reforms that will provide even more support to victims, including establishing a new nationwide victims’ information service, strengthening the protection of vulnerable victims and witnesses at court, increasing transparency and accountability so that agencies are held to account for the services that they provide, and planning a victims law, setting out entitlements for victims in primary legislation. It is also worth saying that, under this Government, funding for services to support victims of crime has more than doubled to some £92 million in the coming financial year.

[Debbie Abrahams]

Murdered police officer Nicola Hughes was one of my constituents. Her father, Bryn, has worked relentlessly to campaign and raise funding for victims of crime, especially children, to help those who have lost a family member to violent crime and to keep Nicola’s memory alive. Bryn’s own experience of the criminal justice system was not a good one. Will the Secretary of State confirm that he will be supporting the proposals for a victims law in Labour’s victims taskforce report, which will transform the experience of victims and witnesses in the criminal justice system?

[Chris Grayling]

Let me first pay tribute to the hon. Lady’s constituent. We were all horrified and shocked by the terrible events that led to his loss. I extend my condolences, my gratitude to him, and indeed my gratitude to all the families of murder victims who have turned a terrible experience into positive work to help support the victims of crime, and to try to prevent these terrible events happening in future. We all owe them a debt of gratitude. It is clearly not our intention to allow the Labour party an opportunity to introduce a victims law, but it will be the intention of a Conservative Government to do just that and to continue the work we have been doing in this Parliament to extend the support provided to victims.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 3rd February 2015 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

rose—

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

rose—

[Mr Speaker]

I would have called the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), but she “boinged” too late. I call Kate Green.

--- Later in debate ---

[Andrew Selous]

I recognise that the hon. Gentleman, who is a distinguished member of the Justice Committee, takes a serious and ongoing interest in this. As I said to the hon. Member for Colchester (Sir Bob Russell), the rise in self-inflicted deaths has taken place in contracted prisons, which have not been subject to reductions, as well as in public sector prisons and prisons that have completed the benchmarking process, so there is no obvious connection between the two. I would just repeat what I have said: we look at every single death; we learn the lessons from the coroner’s report and the prison and probation ombudsman; we have put in extra resource both at prison level and at regional level to try to reduce the number of deaths; and we are absolutely as concerned about this as the hon. Gentleman rightly is.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

17. What recent assessment he has made of the effectiveness of mediation services provided for family law cases.

[The Minister of State, Ministry of Justice (Simon Hughes)]

Mediation between separating couples helps reduce the stress on children and families and the pressure on the courts system, and saves money for taxpayers. Last year nearly two-thirds of couples attending a single mediation session involving children reached full agreement at that session, and seven out of every 10 couples choosing mediation ultimately reached an agreement. That is why the coalition Government have funded a free mediation information meeting and a free first session provided that one party is legally aided.

[Debbie Abrahams]

My constituent David Burke has described the mediation process for family law cases as shambolic, and his experience is not unique. This is working against enabling parental responsibility, as the legislation originally intended. What are the Government doing to address these failings?

[Simon Hughes]

I have to tell the hon. Lady that the message here is not one of failure but one of increasing success. The number of people attending mediation assessment meetings has gone up in the last three quarters, and there is no report of these being shambolic. I will willingly meet the hon. Lady and her constituent on the subject, but I am clear that her party is committing no extra money for legal aid, so it will not be any different or greatly reformed under Labour.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 16th December 2014 Commons Chamber

[Chris Grayling]

The scale of what happened in my hon. Friend’s constituency is shocking and the local police, local authority, and police and crime commissioner must learn the lessons to ensure that such a thing cannot happen again. If powers need to be taken at national level to help in that battle, the Government will certainly consider how we can contribute.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Two women a week die at the hands of their partner or ex-partner. Let me press the Minister on his earlier remarks. Is it acceptable that 40% of domestic violence victims cannot get access to legal aid?

Criminal Justice and Courts Bill

Debbie Abrahams Excerpts

Monday 1st December 2014 Commons Chamber

[Chris Grayling]

I am afraid that that is simply not right. Very many judicial reviews are not about whether we have broken a law passed by this place—of course, we must be challenged if that happens—but are based on a much looser interpretation of what should or should not happen. They are based not on statute, but on, for example, why we have run a consultation for six rather than nine weeks, given that the previous one was for nine weeks. The truth is that such arguments are brought to the courts by people who seek to delay the impact of decisions. I must say that if Labour Members find themselves taking difficult decisions in government after the election, they will discover that a judicial review’s ability to delay key decisions is against the interests of this country, and they will wish that they had supported rather than opposed us.

As hon. Members will see from the amendment paper, we will ask the House of Lords to reconsider its opposition on most of the measures. We listened very carefully to the concerns expressed on clause 67. We disagree with the Lords amendments, which undermine the clauses agreed by this House. Each amendment would take the heart out of the reforms by undermining any duty to give effect to the key requirements. However, we have listened very carefully to the concerns expressed on clause 67, and we have moved by proposing an alternative model.

If this House approves the amendments in lieu, clause 67 will continue to give the courts significant leeway in making cost orders. It will be for the court to consider whether any of the four conditions have been met. It will preserve the court’s role in deciding whether costs were caused by the intervener and incurred by the party reasonably. Where the court is of the view that exceptional circumstances would make the award of costs under the clause inappropriate, it need not make an award.

That is a crucial point on all of this. There are still provisions that give the judiciary the freedom, in exceptional circumstances, to say, “This is a particularly distinctive case, and we need to pursue an approach that is different from the norm.” We have left in provisions for such exceptional circumstances, but on clause 67 we have taken on board some of the concerns expressed. The amendments in lieu are not about preventing legitimate intervention in support of a case brought on behalf of a disadvantaged individual, but are about preventing a powerful group from using someone with no money as a human shield for a case in which the group intervenes behind that individual, with the public picking up the cost regardless of whether the case is won or lost. That should not happen.

We believe that the amendments in lieu strike a sensible balance. They meet the concerns expressed by hon. Members from different parts of the House in a way that will reassure both them and those in the other place that our intention is to tackle the challenge of such human shields, not to remove altogether the ability to intervene in cases where there is a legitimate reason for doing so.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Will the right hon. Gentleman confirm that he is therefore re-establishing judicial discretion?

[Chris Grayling]

As I just said, we have never taken away judicial discretion. We have left in place the clause on exceptional circumstances. Almost every week, this House passes measures that set tramlines for the courts to operate within. We set maximum sentences, but if the maximum sentence for a crime is five years, we do not say that judges should give a five-year sentence; we give them the flexibility to decide what is the right length of time below that.

We are taking a similar approach with these proposals. We are saying to judges, “Look, you’ve got some flexibility, but there are parameters that we need you to operate within.” To my mind, that brings common sense back to the system of judicial review and deals with the frustrations with a system that can be abused. It does not create a situation in which legitimate judicial reviews cannot be brought.

Surely my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox) would admit that an organisation should not be able to bring a case to court free of financial risk because it is shadowing behind somebody who has no means and therefore cannot have costs awarded against them; that an organisation should not be able to set up a shell company to bring a judicial review without any information being available to the court about who is behind the shell company; and that an organisation should not be able to delay a difficult spending decision by arguing to a court that the whole process should start all over again because of a minor technicality. Those things happen on a regular basis and they must change.

These reforms are essential in restoring common sense to judicial review. I hope that the House will back the motions to disagree and the amendments in lieu.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 11th November 2014 Commons Chamber

[Mike Kane (Wythenshawe and Sale East) (Lab)]

11. What steps his Department is taking to ensure that the compensation claims of mesothelioma sufferers are handled fairly.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

13. What steps his Department is taking to ensure that the compensation claims of mesothelioma sufferers are handled fairly.

[The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)]

We continue to work with stakeholders to see how we can improve the claims process for these tragic cases.

--- Later in debate ---

[Debbie Abrahams]

The chair of the Asbestos Victims Support Groups Forum UK has said that the Lord Chancellor’s plans for addressing the issues facing mesothelioma victims were

“rooted in a culture of secret deals with insurers and flawed consultations which excluded the victims of asbestos.”

Is it not time that the Lord Chancellor honoured the promise he made in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and stopped treating mesothelioma sufferers in this contemptible way?

[Mr Vara]

Clearly, the hon. Lady did not listen to what I said either. Let me be clear: we are talking about people who are suffering from a very horrific and tragic disease, and this Government are committed to ensuring that victims and sufferers have the best possible way of going through the process, particularly in getting compensation.

As far as insurance companies are concerned, the hon. Lady will be aware that when we had a consultation in July, the submissions by victims and groups such as the one she mentioned stated that they did not like the proposals that were angled towards insurance companies. We listened to those people and did not go ahead with the proposals that the insurance companies would have preferred. My right hon. Friend the Minister for Policing, Criminal Justice and Victims took through the Mesothelioma Bill earlier this year, which is of benefit to all the sufferers.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 9th September 2014 Commons Chamber

[Chris Grayling]

I will read that very carefully; it is a helpful contribution to how we address the literacy problem. I pay tribute to all the volunteers in the toe by toe programme, and to all the prisoners who can read and devote time to helping those who cannot. It is a path to the enhanced privileges available under our new regime. It is important that we take advantage of all the resources available to us to try to tackle the problem of a lack of literacy in our prisons.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

4. What steps he plans to take to enforce the code of practice for victims of crime.

[The Minister for Policing, Criminal Justice and Victims (Mike Penning)]

May I, with your permission, Mr Speaker, pay my own personal tribute to Jim Dobbin, as it is my first opportunity at the Dispatch Box to do so? Jim was a personal friend and a colleague of all of us in the House. He would, I am sure, have been here at Justice questions because they are the sort of questions he would have been here for. He was a great man.

I would have asked you, Mr Speaker, if I could group Questions 4 and 8, but I do not need to do so now, so I will just answer Question 4. The victims code is a statutory document that places clear duties on criminal justice agencies. We will monitor criminal justice agencies’ compliance with the victims code and my Department will report back in March 2015.

[Debbie Abrahams]

I thank the Minister for his very kind remarks and support him in what he said. Jim Dobbin was a neighbour and a long-standing friend of mine, and a thoroughly decent man who will be sorely missed.

The murdered police constable Nicola Hughes was a constituent of mine. Her father Bryn has set up a charity in her name, particularly to support the families of murder victims. Will the Justice Secretary meet me and Bryn not only to hear about his experience but to discuss how families of murder victims can be better supported, particularly during the court process?

[Mike Penning]

I will be more than happy to meet the hon. Lady and her constituent. I have been very closely involved with this area for many years, not least because my constituent Billy Dove was murdered right outside my constituency office, and the family set up a charity straight after that. I have had the honour of chairing the victims panel. I will be more than happy to meet the hon. Lady and see the work that is being done brilliantly, I am sure, in her constituency.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 1st July 2014 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

T2. Judge Robert Martin has heavily criticised the Government’s welfare and justice changes, saying that the work capability assessment is in a state of “virtual collapse”, and that the loss of legal aid funding“has severely reduced the help and support available to claimants to pursue their legal rights”.Why does the Justice Secretary think that it is acceptable to deny access to justice to people who are sick, disabled or poor?

[Mr Vara]

I think we need to put things into perspective here. Before the reductions to legal aid were made, Britain had one of the most expensive legal aid systems in the world, costing the taxpayer £2 billion. After the reductions have gone through, £1.5 billion will still go towards the legal aid system. That is a lot of money; it is one of the largest amounts being paid into any legal aid system in the world, and I can assure the hon. Lady that £1.5 billion buys a lot of legal aid.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 17th December 2013 Commons Chamber

[Jeremy Wright]

I always try to accept my own Department’s figures, but I think my hon. Friend will accept that it is always in the minds of sentencers to try to avoid sentencing female offenders, in particular, to custody. As he will agree, however, that is sometimes unavoidable, which is why we need to provide the necessary places in the female custodial estate.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

A few weeks ago I attended a public forum on domestic violence, where I was told that specialist domestic violence courts were being closed and that support for domestic violence victims to bring their case to court was being restricted. Why do the Government find it acceptable to deny the most vulnerable access to justice?

[Damian Green]

This Government have done more than any previous Government to give victims of domestic violence access to justice, and we are continuing to improve how such people, normally women, are treated in the operations of both the courts system and the police. As I said earlier, we have backed up that commitment with £40 million of ring-fenced money.

Transforming Legal Aid

Debbie Abrahams Excerpts

Thursday 5th September 2013 Commons Chamber

[Chris Grayling]

Of course, cases such as the one raised regarding an inquest are covered separately. If the hon. Lady will forgive me, I am happy to give hon. Members responses to specific detailed questions, but I am not going to try in this Chamber to apply the new rules to individual cases. I do not think that would be the right thing to do.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

The comment the Minister made about access to criminal legal aid for prisoners was inappropriate for somebody holding his office. Will the seriousness of a case or its merits be taken into account when people who have not been resident for 12 months are trying to access legal aid?

[Chris Grayling]

What we have done is set aside a certain number of areas of special case eligibility. The point about prisoners may be a point of difference between the hon. Lady and me, but we have a prison complaints system and a prison ombudsman, and I do not believe we should also provide public funding for people to go to court because they want to be transferred to a different prison. I think that the overwhelming majority of the public would be with me, rather than with her, on that.

Oral Answers to Questions

Debbie Abrahams Excerpts

Thursday 5th September 2013 Commons Chamber

[Maria Miller]

My hon. Friend is of course absolutely right that the impartiality of the BBC is one of its cornerstones and is vital. I always keep these things under careful review.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

13. What recent assessment she has made of the skills required by the creative industries.

[The Parliamentary Under-Secretary of State for Culture, Media and Sport (Mr Edward Vaizey)]

The Government provide funding for the sector skills councils for the creative industries to ensure that people in the creative industries have the right skills to grow their businesses and compete successfully on the global stage. We have also set up skills funding schemes such as the skills investment fund and the digital content production fund.

[Debbie Abrahams]

The creative industries are among the most successful in the country, they are vital for the economic recovery and are a key sector of the future. The Sharp project in Manchester has told me that the UK video gaming industry is fast losing the skilled coders that it needs to continue. Has the Secretary of State had any discussions with the Secretary of State for Education and the Chancellor about the promised developments on the information and communications technology curriculum and tax breaks to support the industry?

[Mr Vaizey]

Yes, I have. In fact, I am very pleased to say that one of the first things I did as a Minister was commission a report on skills which has been adopted by the Department for Education. I was pleased to read an article by the Chancellor in The Observer—that wonderful Sunday newspaper—saying that the most important change this Government are making in technology is changing the information and communications technology curriculum from one in which children passively receive technology to one in which they actively learn to code.

--- Later in debate ---

[Maria Miller]

My hon. Friend is absolutely right to say that the choice of career is key in closing the gender pay gap. Choosing a career in a STEM subject will start to address this important issue that she highlights. We are funding specific programmes with the Royal Society and the Royal Academy of Engineering, and with leading companies such as Atkins, to encourage girls and young women into STEM careers and to increase the number of girls taking up STEM apprenticeships. This is ongoing important work and it is right that she highlights it.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

What are the Government doing to address the inequality in the employment of black and minority ethnic women? One in five black, Bangladeshi and Pakistani women are unemployed, compared with one in 14 of their white counterparts.

[Maria Miller]

The hon. Lady is right to highlight the challenges that women from BME communities face. The activities we are undertaking to improve access to child care and training will play an enormous part in ensuring that these women play their full part in growing our economy.