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.

Sentencing White Paper

Desmond Swayne Excerpts

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

The hon. Member is to be applauded for his work on that important legislation. Our commitment to double the maximum term is set out in the White Paper, and that is what we will do. He is right to talk about prosecution and practice within the courts and our magistrates system. I do not know about the road to Damascus, but I have been on the road to Tonypandy in his constituency quite a few times, and I know what his constituents would say to me. They would expect prison officers, police officers and blue light workers to have that protection. Let us not forget that it is not just about the provisions in that Act; it is about the law on assault generally and the aggravated circumstances that a court can take into account in increasing sentences, but he makes a powerful point.

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

I hope my right hon. and learned Friend keeps his balance, but will he address eye-watering costs such as the £456,000 clocked up by Andrew Harper’s killers? That cannot be right, can it?

[Robert Buckland]

My right hon. Friend knows that everybody in this country is equal before the law, and fair trials have to happen. Legal costs are, of course, paid to the people who represent criminals or accused people. I take his point about ensuring that our legal aid system is efficient and that money is not wasted, but the fundamental principle of the right to a fair trial is something that I will defend and that I think he would agree with as well.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 9th June 2020 Commons Chamber

[Sarah Atherton (Wrexham) (Con)]

What progress his Department has made during the covid-19 outbreak on meeting its commitment to increase prison capacity.

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

What steps he is taking to increase prison capacity.

--- Later in debate ---

[Lucy Frazer]

As my hon. Friend will know, on 5 May I announced our commitment to locate the first residential women’s centre in Wales, and we are now working closely with our Welsh partners to develop a detailed proposal for the site in Wales. Our intention is for that to open by the end of 2021. I am grateful for her continued interest, and I look forward to meeting her to discuss it next week.

[Sir Desmond Swayne]

No additional capacity will be had by increasing early release, will it?

[Lucy Frazer]

As my right hon. Friend will know, we have tried to increase headroom in the estate through a variety of mechanisms, and our early release scheme is one of those. We are continuing to operate that scheme.

Divorce, Dissolution and Separation Bill [Lords]

Desmond Swayne Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons
Monday 8th June 2020 Commons Chamber

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

The law should have majesty; it should be awesome. May I ask the Secretary of State to resist this fetish for translating everything into newspeak?

There is fault in divorce. We all know that. It is a question not just of unreasonable behaviour, but of abominable, disgraceful and outrageous behaviour. But I accept the principle of the Bill—namely, that by trying to attribute fault, we vastly magnify the bitterness and unpleasantness of the conflict that divorce creates. We have all experienced in our surgeries those parents who continue to use their children as weapons in prosecuting a continuing war against their former partners. The removal of fault will not remove that entirely, but I am confident that it will certainly diminish it.

My problem with the Bill is with respect to the streamlining and potential shortening of the process. The difficulty I have is this: by making divorce more straightforward and easier, it becomes the first resort, rather than the last. It becomes the easy and quicker way out, vastly reducing the potential for counselling and reconciliation. We should remember that divorce is the swiftest route to poverty. Of the people who might come through the door during one of my morning surgeries, if you scratch the surface of their problem—whether the problem presents as debt, housing, education or access to children—nine times out of 10, divorce and family breakdown are the root cause. And the easier we make divorce, the more we shall have of it.

Terrorist Offenders (Restriction of Early Release) Bill

Desmond Swayne Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Robert Buckland]

My right hon. Friend speaks with particular personal experience of the Bali atrocity, and he is right to talk about the long-term nature of the threat, but it is a threat that changes and evolves, and this Government will be as fleet of foot as possible in responding to it. He will be glad to note that we are working at pace to deal with and remove inappropriate and hateful online content. The Home Secretary is by my side today to emphasise, in the most eloquent possible way, the joint approach that she and I, and our respective Departments—together with the security services and the police—are taking with regard to the first duty of Government: protecting the public. It is a grave responsibility from which we will not shirk, and we say that enough is enough.

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

I am very glad about the tone my right hon. and learned Friend is taking. Were this measure to be challenged in our courts and the Government were to lose, that would be merely declaratory. But if it made its way to the European Court of Human Rights in Strasbourg and the Government were to lose there, the ministerial code would require him to abide by treaty law. Would he then entertain the prospect of a derogation from the convention on human rights?

[Robert Buckland]

I believe that the declaration that I make on the front of the Bill speaks for itself—

--- Later in debate ---

[Nick Thomas-Symonds (Torfaen) (Lab)]

I am grateful to the Justice Secretary for his briefing last week and for his opening remarks, and to the Under-Secretary of State for Justice, the hon. Member for Croydon South (Chris Philp), who has been keeping me updated in recent days.

This Bill follows the awful terrorist atrocities first at Fishmongers’ Hall on 30 November and more recently in Streatham. My thoughts, and I am sure those of all Members across the House, go out to the victims of these terrible attacks and to their families and friends, and we thank the emergency services who responded so quickly.

Labour Members support the Parole Board’s involvement in release decisions. If this Bill is not passed and rushed through its stages over the next couple of weeks, terrorist prisoners will be on our streets, without any assessment of risk or dangerousness by the Parole Board. That does not leave the House in the easiest of positions, but it is the reality of the situation before us. For the Bill to be durable and workable, it must not simply amount to a delay in confronting the problem; it will also require a relentless focus on, and investment in, the most effective de-radicalisation programmes in our prisons.

[Sir Desmond Swayne]

One of the most effective de-radicalisation programmes is that run by the Saudis, but it takes a long time. Is the hon. Gentleman satisfied that sentences are long enough to accommodate a successful programme?

[Nick Thomas-Symonds]

I took part in a long debate on sentencing in the last Parliament with the then Minister of State for Security and Economic Crime, now the Secretary of State for Defence, and a number of sentences were increased. In her intervention on the Justice Secretary, the former Prime Minister pointed out —very fairly, I thought—that there has been an issue with the success of de-radicalisation programmes in recent years. Length of a sentence is one matter, but, whatever the length, the programme must be targeted and effective—I will come on to that point in a moment.

We are here to discuss emergency legislation, but there is also an emergency in resources. The Leader of the House indicated yesterday that the Treasury has approved additional resources for the extra time that prisoners will spend in custody as a consequence of the Bill, as well as for the Parole Board. Clearly, however, there must also be a specific and dramatic increase in resources to tackle extremism in our prisons.

But this is not just about resources—my hon. Friend the Member for Stretford and Urmston (Kate Green) made a point about process and expertise, and she is absolutely right—and a strategic approach from the top will be required.

The Justice Secretary made it clear that there is no need for derogation from the European convention on human rights, and he set out the Government’s legal position on article 7. Labour Members firmly believe that we can tackle terrorism and proudly remain signatories to the European convention on human rights. In our view, to leave that convention and join Belarus as the only European non-signatory would send a terrible signal to the rest of the world. We should never sacrifice the values that we are defending in the fight against terrorism and hatred.

Those who perpetrate hatred and violence are responsible for their actions, but it is for the Government to do everything they can to keep our streets safe and minimise the risk of something like this ever happening again. The House is therefore entitled to ask why we have ended up requiring this Bill to be passed via emergency legislation. Automatic early release is hardly new. It has been part of our system for many years, and could already have been dealt with by a Government who took a more strategic approach.

There have been a number of warning signals over the past decade. In his opening remarks, the Justice Secretary mentioned Ian Acheson, a former prison governor who led a review of Islamist extremism in our prisons, probation and youth justice system, which was published in August 2016. Mr Acheson said:

“What we found was so shockingly bad that I had to agree to the language in the original report being toned down…There were serious deficiencies in almost every aspect of the management of terrorist offenders through the system…It was a shambles.”

Mr Acheson proposed 69 recommendations that, according to the Justice Secretary when speaking to the media over the weekend, have been consolidated into a total of 11, eight of which are being implemented. However, in a newspaper article last Thursday Mr Acheson said:

“As part of my review of prison extremism, I made a great number of recommendations that specifically related to a tactical response to a terrorist incident in prison where staff were targeted. I have no way of knowing if or how many were implemented as none made it into the response published by the Ministry of Justice.”

That was only days ago. I do not know whether the Justice Secretary has met Mr Acheson since last Thursday—[Interruption.] I am happy for him to intervene.

Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2019

Desmond Swayne Excerpts

Monday 28th October 2019 General Committees

[The Chair]

Minister, do you wish to make any further comments or are you happy for me to put the Question?

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

Put it!

[Chris Philp]

I think I detect enthusiasm for the Question to be put.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 8th October 2019 Commons Chamber

[Robert Buckland]

I can confirm that this Government, like their predecessors and, I hope, successors, will continue to respect and obey the law, and respect the rule of law.

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

Might my right hon. and learned Friend honour his oath by restoring the proper role of his office in the other place?

[Robert Buckland]

My right hon. Friend tempts me along the path of debate about the constitution, and in particular the Constitutional Reform Act 2005. While I am always keen to engage in academic constitutional debate, we have many other fish to fry at the moment.

Feltham A Young Offenders Institution

Desmond Swayne Excerpts

Wednesday 24th July 2019 Commons Chamber

[Edward Argar]

I am grateful to the hon. Gentleman for his contribution, if not for his tone. This may be the first time I have faced him directly across the Dispatch Box for an urgent question, and it might also be the last time—who knows? He asked a number of specific questions. He will be aware that, following his comments in 2017, the chief inspector said subsequently that it is no longer the case that there is no safe institution. It is important to draw that to the attention of the House and to mention again the Wetherby report. It is clear that this is not a systemic problem in the youth custodial system. That said, none of that, as the hon. Gentleman rightly says, detracts from the fact that what has been reported from Feltham is a cause of deep concern and must be addressed as a matter of priority.

Since my appointment last summer, I have been following the performance of Feltham and, indeed, all the other youth custodial institutions in my portfolio. I have held a number of meetings both with the governor and with the director of youth custody service, to discuss progress in Feltham and what more needs to be done. As I have made clear, considerable additional resource has been put in, so this is not a matter of spending or resource, and a considerable number of additional staff have been put in, so it is not down to that, either. It is important that we put that on the record rather than indulge in rhetoric about cuts, which do not apply in this case. The smile on the hon. Gentleman’s face suggests that I have a point. I continue to take a very close interest in the issue, particularly in recent months, and I have engaged with the hon. Member for Feltham and Heston (Seema Malhotra) and kept her up to date.

The hon. Gentleman asked when the temporary ban on placements will be brought to an end and how the House will be involved. That is an operational decision to be made by the director of the youth custody service. I am not able to bind my potential successor to how that is handled, but I am sure that whoever stands at this Dispatch Box with that responsibility will wish to keep the hon. Lady and, indeed, the House informed on that important issue.

The hon. Gentleman concluded with comments about leadership at the Ministry of Justice and the number of Secretaries of State and Ministers. I have to say that his characterisation of how the Ministry of Justice works certainly does not accord with my experience of working there every day. I pay tribute to my right hon. Friend the Member for South West Hertfordshire (Mr Gauke), who has recently departed the role of Secretary of State for Justice. The hon. Gentleman is right to highlight the number of Ministers, but I suspect that their departure and the churn rate has little to do with his performance as their shadow and rather more with other factors. This Government and whoever leads the Ministry of Justice are entirely clear in their view that we must do everything we can to ensure that any children detained in custody are accorded care and support of the highest quality and are safe.

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

Why are young men locked up in their cells for the greater part of the day, with all the pent-up frustration that that gives rise to, when they should enter their cells with relief at the end of the day because they are so knackered, having been involved in vigorous activity?

[Edward Argar]

My right hon. Friend makes his point in his own unique way. Access to a full regime is important. Young people in custody need access to sporting, educational and other facilities. There is more we can do to address that need in Feltham, although I am encouraged by a lot of the work being done there, on sport in particular. I visited four weeks ago and saw “boats not bars”, which is about using rowing machines in the gym, and the work that Saracens rugby club is doing. A whole range of sporting and other activities are undertaken at the prison, but my right hon. Friend is right to highlight that there is always more that can be done.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 9th July 2019 Commons Chamber

[Eddie Hughes (Walsall North) (Con)]

4. What steps the Government are taking to encourage divorcing couples to reconcile.

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

20. What steps his Department is taking to provide counselling to couples seeking a divorce.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

When people make the difficult decision to divorce, the evidence suggests that counselling will often be too late at that stage. Seeking counselling would be a personal choice for those involved. For counselling to bring a change of direction, it would require the willing co-operation of both people in the marriage. We will look at the information available to people who are contemplating divorce to see whether we can strengthen signposting to marriage counselling, and our Bill will provide the opportunity for parties to reflect on the decision to divorce by introducing a minimum timeframe within the legal process. Couples who can reconcile will be able to do so.

[Mr Gauke]

I think there is a wider debate to be had about how Government as a whole can address issues that lead to relationship breakdown. Simply funding marriage support services may not address the heart of the issue or reach the people who need help most at the right time, but I agree that there is a need to test what works to help couples to stay together, and I am happy to listen to the arguments about that.

[Sir Desmond Swayne]

What mediation services and contact centres are available, and what is their role?

[Mr Gauke]

Family mediation offers a way to resolve child or financial arrangements without litigation, and child contact centres provide safe, neutral venues where separated couples can build sustainable long-term child arrangements. In reforming the legal process for divorce, we will look to strengthen how couples are signposted to such services. My right hon. Friend refers to counselling, a service for people whose relationships are in trouble. As well as using services such as Relate, many people draw on family, friends and others they can trust. A marriage is more likely to be saveable before the legal process of divorce has begun.

Divorce, Dissolution and Separation Bill

Desmond Swayne Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019 Commons Chamber

[Mr Gauke]

I am grateful to the hon. Gentleman for his remarks, and this Bill is by no means anti-marriage. As he rightly says, this Bill seeks to ensure that, in those unfortunate circumstances where a marriage comes to an end, it comes to an end in a way that minimises the conflict between the parties. That, in my view, has to be a sensible way forward.

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

There is undoubtedly fault in a divorce but, in my experience from continual exposure at constituency surgeries, the attribution of that fault leads parents to use their children as weapons in a continuing battle with their former partner.

[Mr Gauke]

My right hon. Friend makes a good point, and it is worth bearing in mind that, where children are involved, it is all the more important that we minimise the conflict. The current requirement incentivises that sense of attribution of fault, which does nothing to ensure that the relationship between the two parents can be as strong as possible, and it is the children who lose out in those circumstances.