Legislation against Female Genital Mutilation

Desmond Swayne Excerpts

Monday 11th February 2019 Commons Chamber

[Lucy Frazer]

I know that the hon. Lady takes a great deal of interest in women’s issues, and I have been pleased to work with her on a number of issues that cross my Department. I know that many of them stretch beyond my Department as well. She talks about funding and the importance of working in the community, and she is right to identify the fact that this is not simply a matter of making laws. It is about action, education and understanding. Of course, laws must set the boundaries and tell people what is right and wrong, and this crime is absolutely horrific and must be stopped, but that is not the extent of the Government’s actions on FGM. The Home Office’s FGM unit is driving a step change in our nationwide outreach, and it has done more than 100 events across the country to raise awareness. The Department of Health and Social Care has provided £4 million for the national FGM prevention programme in partnership with NHS England. The Department for Education has provided nearly £2 million for a national programme to improve the social care response to FGM, and it has announced a further £1.7 million to continue that work. That is what is happening in this country; the Department for International Development does an extensive amount of work overseas in addition to that, to ensure that women worldwide do not suffer from this horrific practice.

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

I am glad that the Minister is granting Government time for this Bill. When I sat on the Opposition Benches and was a regular attender on a Friday, the Labour Government Whip would, as a matter of course at the end of each sitting, object to every Bill that was listed but undebated, whatever the merits of those Bills. That was also my duty on Fridays when I became a Government Whip. Why has the Government Whips Office abandoned that duty to my hon. Friend the Member for Christchurch? If we want more debating time for legislation, as I certainly do, we know where we can find it, don’t we?

[Lucy Frazer]

This was a Government-backed Bill, which we have supported.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

I will focus on the approach that I want to take in England and Wales. If we can find effective alternatives to short sentences, it is not a question of pursuing a soft-justice approach, but rather a case of pursuing smart justice that is effective at reducing reoffending and crime. That is the approach that I want to take in England and Wales.

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

But the full force of the law too often is not very forceful at all, is it?

[Mr Gauke]

In reality, sentences and the prison population have gone up in recent years. I maintain that there are circumstances in which significant prison sentences are right as a means of punishment and a demonstration of society’s abhorrence at particular behaviours, but we also have to bear it in mind that some people who go to prison end up in a cycle of reoffending, with little achieved to the benefit of society or those individuals.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 18th December 2018 Commons Chamber

[Lucy Frazer]

As we see from the questions raised today, there is an opportunity for Members to make points they wish to make. Our Department is always listening, and there will be scrutiny through the statutory instrument procedure in due course.

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

Every time I am foolish enough to turn on the television, there are adverts from lawyers offering free advice on workplace injuries. Surely we cannot be in want of any more such advice.

[Lucy Frazer]

My right hon. Friend makes an important point. We are here to serve the people, and we are here to serve people who have claims. People can still bring their claims through a very simple process in our courts. I should also mention that the Ministry of Justice has brought forward and is progressing an online system for money claims, which is achieving a great deal of satisfaction among users.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 13th November 2018 Commons Chamber

[Rory Stewart]

Absolutely. YMCA and the Prince’s Trust have a role to play, and indeed more than 15,000 charities in Britain have working with offenders as one of their objectives. The third sector has so much to offer, and, in renegotiating and redesigning probation contracts, we must make it much easier for charities and the third sector to engage in them and bring their skills and knowledge.

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

2. What progress he is making on family court reform.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

People often come to the courts system when they are at their most vulnerable, and we want to ensure not only that they have a fair system to determine their disputes, but that it is as simple and straightforward as possible. In the family courts, we are making the process not only more simple but less antagonistic. For example, we are making our application processes more straightforward in divorce and child arrangement applications; we are committed to giving the family court the power to prohibit abusers from cross-examining their victims; and we are consulting on taking the requirement of fault out of divorce.

[Sir Desmond Swayne]

If the courts were to publish clear advice as to what access parents might reasonably expect, fewer of them would perhaps be tempted to litigate, would they not?

[Lucy Frazer]

As my right hon. Friend implies, every parent who separates wants to continue to have contact with their child. I was pleased to talk about this issue with him and my hon. Friend the Member for North West Leicestershire (Andrew Bridgen). I have taken up their proposal and spoken about it with the president of the family division, as well as with a number of organisations that deal with children and legal representatives in the family courts. I should say that they all have differing perspectives, but we are looking at this matter very closely.

Civil Liability Bill [Lords]

Desmond Swayne Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 23rd October 2018 Commons Chamber

It is strange that some are saying that Conservative Members are in cahoots with the insurance industry, because I am regularly lobbied by the insurance industry.

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

What strikes me as perverse is that the original impetus for the initiative on which we are now legislating came from Labour Members. I remember Jack Straw waxing lyrical about the need to deliver what we are delivering now, and we are right to do so.

[Huw Merriman]

I lack my right hon. Friend’s longevity in this place to make such historical references, but it would strike anyone as common sense to look after the bulk of our constituents—our voters—by making sure they have more money in their pocket. We should all subscribe to that.

Victims Strategy

Desmond Swayne Excerpts

Monday 10th September 2018 Commons Chamber

[Edward Argar]

I welcome much of the content and tone of the hon. Lady’s comments. I am sure she will be extremely pleased to see the reaffirmed commitment to the consultation on the legislation to underpin this. She said that it has taken three years for the Government to produce a strategy. Well, I have been the Minister for three months and I hope that she is encouraged that I have published the strategy, in which that is clearly set out.

The hon. Lady is right that the victims code is very important but we do need the ability for victims to enforce and monitor that and the legislation underpinning it. We are consulting on that, which is the right thing to do. She asked about timescales. I pay tribute to her colleague, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), for his work in this area. He and I have discussed this on many occasions.

The hon. Lady asked when this would happen. As I set out, we will be consulting on the independent public advocate from today. So there is action, which will be followed by consideration of that and steps forward. Consultation will follow on the criminal injuries compensation scheme and the consultation on the revised victims code and the necessary legislation underpinning it will come in 2019. Although I understand that the hon. Lady may be a little frustrated by consultations, I am very clear that what we are doing is hugely important and it is right that we consult widely, particularly with the victims of crime and others, who know best what will work for them in this context. Therefore, although I take her point, I make no apologies for the consultation; it is important that we get this absolutely right. It is also right that we ensure that people have access to justice, and this Government have a strong track record of ensuring continued access to justice.

The hon. Lady highlighted the money and the financing. As she will know, already, taken together, around £200 million is spent across Government and different agencies on supporting victims of crime. We seek with this strategy to ensure that that money is better spent, and better joined up in the way it is spent, to deliver the outcomes that victims of crime want and that this strategy is designed to deliver. This document is a very clear statement of intent by this Government, delivering on a clear commitment from this Government to support victims of crime.

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

But are we planning to continue to let victims down by persisting with inadequate sentencing and early release?

[Edward Argar]

Although I have the hugest respect for my right hon. Friend, I believe that this Government and previous Governments have a strong track record of supporting the victims of crime and that this strategy builds on that strong track record. As he will be aware, sentencing is a matter for our independent judiciary, and the Government always ensure that it has at its disposal a range of options to consider when sentencing an individual.

HMP Birmingham

Desmond Swayne Excerpts

Tuesday 4th September 2018 Commons Chamber

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

Prisoners who are at leisure to consume and trade Spice would benefit from penal servitude with hard labour. Will the Minister bring it back?

[Rory Stewart]

No.

Upskirting

Desmond Swayne Excerpts

Monday 18th June 2018 Commons Chamber

[Lucy Frazer]

As I mentioned, private Members’ Bills play an important role in this House. That is not a matter for the Ministry of Justice, but the hon. Lady’s points have been heard.

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

In the meantime and until my hon. and learned Friend’s Bill becomes law, will she vigorously exploit every opportunity afforded by the common law to see that these offences are prosecuted?

[Lucy Frazer]

My right hon. Friend, as always, makes an interesting and important point, but I assure him that the CPS is already prosecuting these offences under the legislation that exists. What we are doing is ensuring that there is not a gap in the law so that some cases do not fall through a loophole.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 5th June 2018 Commons Chamber

[Lucy Frazer]

It is important that all people, whether they have small claims or big claims, have access to court. One measure that we have already brought in is the small civil claims court, which enables claims to be brought online very quickly, often without the need for legal representation.

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

Notwithstanding Tommy Robinson’s gross contempt, does the Minister understand the level of public unease into which he tapped?

[Lucy Frazer]

That is a very important issue and I am very happy to discuss it with my right hon. Friend.

Oral Answers to Questions

Desmond Swayne Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

I think we ought to be very careful with that kind of language. There are currently about 85,000 prisoners within the estate, so having 1,000 extra prisoners in Wales is not the creation of England’s penal colony.

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

If that prison is built, will the Minister ensure that its chaplaincy avoids the extraordinary carrying-on that has recently been reported at HMP Brixton?

[Rory Stewart]

I would like to take this opportunity not to get drawn into the individual case of Brixton, which I am looking at personally, but to pay tribute in general to the work of the chaplaincy—that is the Christian chaplaincy, the Jewish chaplaincy and the five imams I met recently at Belmarsh Prison who are doing extraordinary work with the Muslim community.

--- Later in debate ---

[Lucy Frazer]

The purpose of the review is to look at the effectiveness of the legislation, so any changes made by LASPO will be considered.

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

So what exactly has happened at the chaplaincy at HMP Brixton?

[Rory Stewart]

That is a brilliant question. The answer is that I am still trying to get to the bottom of it and I cannot provide an answer to the House.