Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 18th May 2021 Commons Chamber

[Chris Philp]

Thankfully, distressing examples such as that are extremely rare. I encourage Members who encounter them to write to us at the Ministry of Justice so that we can make sure they are rapidly resolved. The number of complex cases where there are various queries and difficulties has reduced by two thirds since January—they have gone down from 2,500 to 650. I urge constituents to use the digital system, because for straightforward digital cases we are now issuing probate in one week and, even for stopped cases, where there is a query, it is being done in four weeks. We should all be urging our constituents to use the digital service to make sure this is as fast as possible.

[Sir Desmond Swayne (New Forest West) (Con)]

What recent discussions he has had with Cabinet colleagues on enabling UK nationals imprisoned in the US to serve their sentences in the UK.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

I am grateful to my right hon. Friend for his question and letter to the Department on this issue, and we will be providing the response. There is already a mechanism in place to facilitate transfers of sentenced persons to and from the United States. British nationals serving sentences in the US can request to be transferred to a UK prison under the Council of Europe convention on the transfer of sentenced persons.

[Sir Desmond Swayne]

In the particular circumstance, and given the powerful case I have made in correspondence, can the Minister fix it for my constituent to commence his sentence in the UK?

[Alex Chalk]

I am grateful to my right hon. Friend, who has fought doggedly on behalf of his constituent. The prisoner transfer agreement that exists between the US and the UK has been in place for 31 years. It does not allow for the so-called “takeover” of sentences. The only way this individual can be transferred is for his constituent to return to the US, commence his sentence and apply for transfer to a British prison. But I can assure my right hon. Friend that, once that application is agreed by the US, Her Majesty’s Prison and Probation Service will endeavour to process the transfer as quickly as possible.