Dominic Raab
Main Page: Dominic Raab (Conservative - Esher and Walton)Department Debates - View all Dominic Raab's debates with the Ministry of Justice
(2 years, 1 month ago)
Commons ChamberWe have introduced the Bill of Rights and look forward to bringing it forward for Second Reading shortly so that we can strengthen quintessential UK rights such as freedom of speech, as well as deporting more foreign national offenders and restoring some common sense to our justice system.
Given his last stint in the role, the entire legal sector was—how should I put this?—rather surprised when the Secretary of State was reappointed, and they are not alone. The former Lord Chancellor, the right hon. and learned Member for South Swindon (Sir Robert Buckland) called his Bill of Rights “worse than useless”. The former Northern Ireland Secretary, the right hon. Member for Skipton and Ripon (Julian Smith) called it “wrong headed and regressive”. Other Ministers described it as “a complete mess”. If that is what his friends think, the House can only imagine what we in the Scottish National party think about this measure. Can the Secretary of State tell us why his own colleagues do not think his pet project is required or desirable?
The hon. Gentleman is wrong on all counts. I am confident that—[Interruption.] He can quote anonymous sources, and there are some well-known differences of opinion, but I can confidently predict that on Second Reading, the Bill of Rights will have overwhelming support in this House. He cited academics, but I point to Lord Faulks KC, Oliver Sells KC, Jonathan Fisher KC, Steven Barrett KC and John Larkin KC, former Attorney General for Northern Ireland, all of whom have very much welcomed the proposals.
Four out of the five parties in the Scottish Parliament are committed to protecting the Human Rights Act. That view is shared by the party of Government in Wales, it constitutes the majority position in Northern Ireland and it is shared by more than 40% of MPs here, who collectively represent a clear majority of the electorate. Does the Secretary of State not see that by pushing his proposed Bill, he is trampling on the will of the devolved Administrations, but also on the views of the majority of the public?
I am afraid I do not accept that. It was a manifesto commitment. The Human Rights Act is a UK-wide piece of legislation and a protected enactment under the devolution settlements. Amending it is therefore a matter for the UK Parliament. I have been to all the devolved Administrations and talked to all the Executives. I have had roundtables with all the relevant stakeholders, as have fellow Ministers. We continue to be committed to working with the devolved Administrations in Scotland and elsewhere to ensure that the reforms work well and benefit people across the UK.
Scotland’s Cabinet Secretary for Social Justice, Housing and Local Government pointed out this month that the Human Rights Act has a 22-year record of delivering justice, including for some of the most vulnerable people in communities across the whole of the United Kingdom of Great Britain and Northern Ireland. Given how the Act is woven into the very fabric of the constitutional settlements in Scotland, Wales and Northern Ireland, and how it benefits us all, will the Secretary of State accept that it is not in his power or that of his Government to unilaterally unpick that on behalf of the other nations of the United Kingdom?
What I will say to the hon. Gentleman is that this was a manifesto commitment. We are not removing the European convention on human rights—indeed, it will stay, as it was under the Human Rights Act, in a schedule to the Bill of Rights—but I do think that the idea that the Human Rights Act was the last word on human rights in UK constitutional history is daft. Actually, there is an opportunity to strengthen things such as free speech to the benefit of people across the United Kingdom, but also to deal with problems and abuses of the system, particularly things such as foreign national offenders abusing the right of article 8—the right to a family life—to avoid deportation. I suspect that that is as popular in Scotland as it is across the rest of the United Kingdom.
It is carers, victims of domestic violence, disabled people, trafficking victims and people with mental health issues who are among those who have vindicated crucial rights and tackled Government discrimination using the Human Rights Act. Their victories could not have happened under his Bill. As we face up to the cost of living crisis, should we not be strengthening our citizens’ rights rather than undermining them? Why does he want to put people in the UK into a second-tier system of rights protection?
A series of cases have been put about that either would not be affected by the Bill of Rights or were not the product, in terms of the remedy, of the Human Rights Act. I do not accept the hon. Gentleman’s assertion; I want to work with hon. Members from all parts of the House. There is a great opportunity to strengthen the UK tradition of human rights—I think we should be proud of that as one United Kingdom—but to deal also with the elastic interpretation of rights and the shifting goalposts that have undermined the credibility of human rights and put huge pressure and strains on our ability to protect the public.
The only thing undermining human rights protections in this country is the Justice Secretary’s proposed Bill of Rights. The reality is that a nursery class could have designed a more sensible piece of legislation than his Bill of Rights. Everybody from human rights campaigners to big city lawyers are saying so—indeed, even the disastrous Truss Administration understood that fact. Given the universal criticism, what exactly is it that makes him think he can just carry on regardless, without even a further consultation?
I am afraid I do not accept that characterisation. I think that on Second Reading, the hon. Gentleman will see the level of support. There has already been consultation on not just the policy proposals but specific clauses. We have looked at this at length. It is a manifesto commitment dating back to 2010. It remains one today, and we are going to deliver it for the British people.
In May, we published our landmark draft Victims Bill and a wider package of measures to improve victims’ experience of the criminal justice system. We will respond to the Select Committee’s scrutiny of that shortly.
The victims of crime matter, but it has been seven years and six Justice Secretaries since the Victims Bill was first promised, and it still has not made it to the statute book. Why are the victims of crime not a priority for this Government?
I say gently to the hon. Lady that I do not accept that characterisation. The Victims Bill had to go through pre-legislative scrutiny; it was right that it should do that. We are now ready to bring it forward, as and when parliamentary time allows. We will also be including a victim surcharge. Alongside these measures, we are increasing the funding for victims and witness support—we are actually quadrupling it compared with the last Labour Government, which ought to show that it is the Conservatives who are standing up for victims and the public when it comes to fighting crime.
I am actually reassured by my right hon. Friend’s comments about the Victims Bill. We need this Bill, and he is aware of my long-standing support for it. With this Bill, the victims of crime cannot be forgotten, including my constituents who have been let down by the courts and the Crown Prosecution Service, which must be held to account when it comes to securing compensation for victims of crime, because the perpetrators are getting off too lightly. These are fundamental areas that the Victims Bill must put forward. May I urge him to give me a commitment today that these areas will not be forgotten?
My right hon. Friend is absolutely right, and I pay tribute to her for all the work we did together on these issues, and what a stalwart, doughty supporter she has been. The Victims Bill will place the victims code into law. It will increase oversight of how the criminal justice agencies work, both at the police and crime commissioner level and in the national inspections. I mentioned the increase in funding for victims. The increase in the victim surcharge will mean that we have more restorative justice, with offenders paying for the wrongs they have done and victims getting extra compensation.
I find myself in agreement with the right hon. Member for Witham (Priti Patel), whose Government, of course, have been in power for 12 years. The court delays are a real problem for victims. One of my constituents was violently attacked and given a court date three years later. Her seven-year-old witnessed the attack, and the perpetrator keeps pestering her, breaking non-molestation orders, leaving the police pretty powerless, because he knows there is no traction. The Public Accounts Committee has looked into this. The backlog is not going down and will not be lower than pre-pandemic—it is not about covid. What is the Secretary of State doing to get a grip on his Department and make sure the courts deliver justice for victims?
I say to the hon. Lady that the Crown court backlog reduced from more than 60,000 cases in June 2021 to under 58,000 cases at the end of March 2022—[Interruption.] Hold on. The increase and the reversal of that trajectory were the result of the Criminal Bar Association’s strike action, which was unwarranted—[Interruption.] I am looking at Opposition Front Benchers. When we announced our proposals on the legal aid review, they agreed with every single one. Yet again, when it comes to the justice system, as with many other things, they are on the side not of the public, but of those who take disruptive industrial action.
The best way to support victims is better criminal law. The Government have done much to tackle violence against women and girls, but the law still fails anyone who discovers a fake or real nude image of themselves that has been posted online without their consent. I suggest that my right hon. Friend looks at including in the Online Safety Bill, which is hopefully about to come back to this place on Report, an amendment to address that once and for all, particularly in the light of the Law Commission’s recommendations, which were finalised some five months ago.
I thank my right hon. Friend for her incredible work in this area. As ever, I listen to her carefully. I reassure her that I am looking positively and actively at bringing forward legislative changes in this area, and I will confirm the vehicle for that shortly.
I am sure the Secretary of State will share my concern about a local case whereby a man who had pleaded guilty to sexually abusing two girls was given permission by the judge to go abroad on holiday while awaiting sentencing. Does the Secretary of State agree that that is totally unacceptable and that measures must be taken to stop it happening again?
The hon. Gentleman knows that I cannot comment on individual judicial cases, but I understand the concern in such cases. Of course, if he wishes to write to me with the details, I will be happy to look at that very carefully.
Two of my constituents who were subjected to a vicious, unprovoked knife attack, as well as many others in the bay, felt let down by the justice system due to the level of sentence that was applied. They continue to feel let down by not getting information about someone who was connected with that series of offences. Will my right hon. Friend, or the relevant victims Minister, meet me to discuss that case and what we can do about it?
I will certainly ensure that my hon. Friend gets a meeting with the victims Minister, my right hon. Friend the Member for Charnwood (Edward Argar). I will not comment on individual cases, but we have increased sentencing substantially through the Police, Crime, Sentencing and Courts Act 2022, against which Opposition Members voted. In individual cases, however, it is of course for the judiciary to decide and that discretion is important.
My constituent Sarah was sexually assaulted. After a three-year wait and a hugely traumatic trial, the defendant was found not guilty. Of her experiences in the criminal justice system, she said:
“I felt like I was being publicly beaten and humiliated. I wouldn’t advise anyone to go through it, they destroy you.”
Can the Secretary of State tell me how survivors such as Sarah are supposed to trust the Government when, seven years on, we are still waiting for the victims Bill and he is under investigation for bullying?
I am afraid that the hon. Lady rather demeaned the important point that she was making by trying to score political points at the end. Let me answer directly: we appreciate the concerns that there are for any victim, particularly female victims of crime, whether that is sexual violence or non-sexual violence. That is why we have rolled out section 28 of the Youth Justice and Criminal Evidence Act 1999, which provides the opportunity to give pre-recorded evidence, and why, when we have the Victims Bill—
It has been going through pre-legislative scrutiny and it is important to respond to that. It will increase the oversight of all elements of the criminal justice system, both at the PCC level—the local level—and at the national inspectorate level. One thing that, notwithstanding the fiscal event, I am committed to protecting is the quantum leap in support and funding for victims, which has quadrupled under this Government compared with the last Labour Government.
The Government are taking a range of measures to tackle violence against women and girls. The number of convictions in rape cases has increased by two thirds in the last reporting year, but we are restless to do more at every stage of the process from Operation Soteria, linking up police and prosecutors, through to the current national roll-out of pre-recorded evidence in all Crown courts in England and Wales.
Rape Crisis statistics show that only 3% of cases saw charges brought last year, CPS figures show that only 1.3% of reported rapes are charged or summonsed, and there was a 21% increase in rape reports from the previous year, so what on earth is the Secretary of State going to do to reverse these serial failures and to deal with this epidemic of rape, which on his watch is going unpunished?
I can reassure the hon. Lady, first, that police referrals and the number of suspects charged have gone up over the last year, and Crown court receipts of those actually arriving in court are going up, but she is right to be restless to do more. We have rolled out national and local data dashboards for crime, but also specifically for rape, to provide greater transparency and to spread better practice in how we secure those vital convictions. As I have already mentioned, we have quadrupled victim funding support since 2010. We have expanded so-called section 28 pre-recorded cross-examination, which is now in place for sexual and modern slavery offences in all Crown courts in England and Wales. I think Operation Soteria is probably the single biggest thing, as we get to a national roll-out next year, because it will get prosecutors and police working more collaboratively together, but also get the focus not on grilling and interrogating the complainant—the victim—but on making sure the balance does not shift and that the focus is predominantly on the suspect.
The Opposition are wrong in their characterisation and narrative of this issue, and the Justice Secretary and his colleagues across the Home Office are to be commended for the leadership that they have shown in driving up rape prosecutions across the whole system, holding independent partners to account. Will the Justice Secretary update the House on how the data are trending in the latest reports? What is he doing to hold the independent court system to account to tackle backlogs in the system, so that rape prosecutions do not have to wait longer than they should to see their day in court?
I thank my hon. Friend and pay tribute to her for the incredible work she did at the Home Office. She was involved in the meetings on this, and I know how committed she was and how much impact she had. On the results—those are what female victims of crime and the whole country want to see—between April and June 2022, police referrals were up by 95% from the 2019 figure. The number of suspects charged was up by 65% compared with 2019 figures, and Crown court receipts were up 91% from 2019 figures. There is much more to do, but that shows the trajectory and progress, and all the hard work that my hon. Friend and others have done.
Responsibility for ending violence against women and girls is a key role of Government, yet we have a Justice Secretary who could not get the definition of misogyny right, who is accused of bullying, and who is desperate to scrap the Human Rights Act—law that has helped to protect women against male violence. When domestic violence is up and rape charges are at 1.5%, does that send a message that tackling violence against women and girls is not a priority for the Justice Secretary?
Amid all the bluster and political point scoring, the hon. Lady is losing the opportunity to pay tribute to the important work being done across the justice system, which will give female victims confidence to come forward. That is what we need to see: improvements in police referrals and in the number of suspects charged, improvements in Crown court receipts, and the ability for victims to opt for pre-recorded evidence, so that they go through what must be a harrowing experience without being in the glare of the courtroom. Those are all positive steps. We are restless to do more, but we have made progress, and I do not think it helps to instil or improve confidence in the justice system if inaccurate characterisations of the progress we have made are asserted in this place.
Since my last Justice questions, we have begun construction of Britain’s first all-electric prison at Full Sutton and made apprenticeships available to prisoners for the first time. We are preparing to bring the Bill of Rights Bill back to this House for its Second Reading, so that we can strengthen free speech, deport more foreign national offenders and restore some common sense to our justice system.
To help the rehabilitation of offenders and to reduce reoffending, will my right hon. Friend support the scheme being promoted by Gloucestershire’s police and crime commissioner, Chris Nelson, to involve prisoners in the construction of eco-pods, providing much-needed environmentally friendly accommodation as well as valuable construction skills and work experience for prisoners?
It is a cracking scheme that tackles two of the key issues we need to tackle: homelessness on release, and getting offenders into work. Following the successful proof of concept at HMP Leyhill, the scheme is now operational at HMP The Mount, and we plan to expand the activity to more prisons across the estate. It is good for offenders to grasp a second chance to turn their lives around, but critical to reducing reoffending and keeping our streets safe.
I welcome the Secretary of State back to his place on the Treasury Bench. This Friday is International Day for the Elimination of Violence Against Women, but too often the news headlines are dominated by horrific crimes against women such as Sarah Everard, Sabina Nessa, and now Zara Aleena. How far have rape prosecutions fallen since the action plan on rape was launched in 2015?
Because of the backlog and some of the challenges we have faced, there have been difficulties. I have set out before the House some of the initiatives, from Operation Soteria to the national roll-out of section 28 pre-recorded evidence. As I mentioned earlier, over the last year, convictions have increased by two thirds, and the trajectories of police referral, CPS charge and Crown court receipt level have all seen a substantial improvement, but we are restless to go even further.
Let me remind the right hon. Gentleman that the number of prosecutions has halved in that time, and today barely one in 100 reported rapes ever makes it to trial. As we just heard, he keeps trying, but there really can be no excuse for a failure to prosecute rapists. Will he take the opportunity of the International Day for the Elimination of Violence Against Women to apologise to rape survivors for his Government’s decision to sack 22,000 police officers, close 160 courts and slash the number of judges, when they should have been focused on caging these dangerous criminals?
The hon. Gentleman and I get on very constructively, but I have to tell him that we are not going to take lectures on standing up for victims from a party whose Members voted in this House against the recruitment of police and against the Police, Crime, Sentencing and Courts Act 2022, which increased sentences, and a party that provided a quarter of the funding for victims that we have provided.
Order. May I remind the Front Benchers that topical questions are about getting other Members in? It is their time, not the Front Benchers’.
I understand the passion with which the hon. Gentleman spoke. We do not have current plans to do so, but if he wants to write to me on that issue I will, of course, look at it and reflect.
These kinds of cases are harrowing for the family. If the hon. Gentleman writes to me with further details, I will be very happy to look at them and report back to him.
Although I welcome the Secretary of State’s commitment to increasing rape charging rates and the positive news regarding rape convictions, the facts suggest that what is happening is somewhat to the contrary. In the year ending March 2022, the police recorded the highest annual number of rape offences to date—70,330—but charges were brought in only 2,223 cases. With the split in responsibility between the Home Office and the Ministry of Justice, what steps can my right hon. Friend take, working with his Home Office colleagues, to make sure that more people are charged and put before the courts?
I thank and pay tribute to my hon. Friend for all his work on this issue and the considerable experience that he brings to bear. I read out the statistics and there is clearly more work to be done, but, actually, the trajectory of the latest figures is going in a better direction. The decision making on CPS charging is independent, but it is critical that we proceed with the national roll-out of Operation Soteria, because it is proving to be a very effective tool in getting the police and the CPS to work together more collaboratively to bring forward cases that can go to court.
I totally share the hon. Gentleman’s commitment and it is good to be able to address the issue on a cross-party basis. Earlier this year, we ran a call for evidence on SLAPPs reform. I brought that together at very short notice and the Department did an incredible job in providing specific proposals. Our proposals include a new statutory definition, an early dismissal process to strike out SLAPPs claims without merit, and cost protection for defendants in cases. I intend to introduce legislative proposals as soon as possible.
One issue with family court delays is that lawyers will advise their clients to get a court application in early. That is not the lawyers’ fault; they have to do the best for their clients and they know that delay is not in the best interests of the child. However, once a court application is in, parents go into a defensive crouch. Some parents refuse to negotiate until the first hearing and separated parents information programmes do not kick in until the court hearing has happened. Will my right hon. Friend confirm that Ministers in this House and in the other place are working together for family law reform to reduce court delays?
My hon. Friend is absolutely right, and I thank her for her continued campaigning on this issue. It is worth saying, first, that around 45% of the private family law case backlog is non-safeguarding, non-domestic abuse cases. It is important that those other cases go to court. In relation to the others, we are using mediation and the roll-out and promotion of a voucher scheme to support mediation. Where a reasonable solution has been the outcome of mediation, it is also important that we use cost shifting in the courts, so people cannot just double-dip or go from one to the other. If we do that, we will have the right balance between carrot and stick and, certainly, far better outcomes for children.
Last June, six-year-old Sharlotte-Sky was killed as she was walking along the pavement near her home in Norton Green. Her killer, John Owen, had been drinking, was on drugs, was speeding, was not wearing a seatbelt and was on his mobile phone. He got an insulting six years and four months in prison. Will the Lord Chancellor meet Sharlotte’s mother Claire and me to urgently discuss sentencing guidelines, to ensure that justice is truly served next time?
May I express my condolences and deep sorrow to the family of my hon. Friend’s young constituent? He will know that we have increased the sentencing for driving offences, but I am happy to look at the matter again with him and meet his constituents.
A constituent who is a rape survivor told me in tears how her phone was taken off her. I have talked to Metropolitan police officers who say that that was because the courts have stipulated it. What is the Secretary of State doing to ensure that phones are not taken off rape survivors? They say that it compounds the abuse they feel. Evidence could be taken very quickly and returned to them. My constituent could not afford to buy another one.
The hon. Lady is absolutely right about this issue, which is one of the eight levers that we are pressing down on to improve outcomes and give victims the confidence to come forward. A new scheme is in place in relation to digitisation, which is being rolled out and increased across England and Wales. There is also the possibility of swapping, but the key thing is that a victim who comes forward gets their phone back quick sharp—within 24 hours—in order to prevent that sense of dislocation, which can only add insult to injury. If the hon. Lady writes to me about it, I will give her chapter and verse, because it is such an important issue.
My constituents Mr and Mrs Amner sustained horrific, life-changing injuries when their motorbike was hit by a car driver under the influence of drugs overtaking a van. They are understandably extremely distressed that while they will live with the consequences of that accident for the rest of their lives, the perpetrator was sentenced to just 30 months. As the Secretary of State will know, although there has been a recent consultation on sentencing, the guideline sentence cannot be raised above five years without primary legislation. Has he any plans for a Government Bill with a clause to raise the maximum sentence for drink and drug driving?
We have relatively recently increased the sentences in relation to driving offences, but if the hon. Lady writes to me again about this harrowing case, I will look at it very carefully and write back to her with the detail.
I have a constituent who is a victim of grooming. She has been sexually abused and assaulted. The trial of the defendant keeps being pushed back, which naturally is causing a great deal of distress. We know that there are delays in the criminal courts, some of which have been exacerbated by industrial action, but can the Justice Secretary tell me how such cases will be prioritised so that justice can be served for the victims and the perpetrators can be locked away with good, strong sentences?
My right hon. Friend and I worked together closely to increase sentences for the most serious crimes, and she is right about the impact of the Criminal Bar Association’s strike action on the backlog. I can reassure her that under the spending review settlement—something I will be keen to protect as far as I can, given the autumn statement—an extra £447 million will be going into the criminal justice system to help improve waiting times. On top of that, we are recruiting up to 1,000 judges in 2022-23 and we have removed the limit on sitting days in a Crown court for the second year in a row, precisely to get the wheels of justice turning more quickly and to give her constituents the justice they need.
The surgeon who caused life-changing injuries by inserting surgical mesh into my constituent Carol recently acted as an expert witness in an unrelated surgical mesh negligence case. The judge was highly critical of his evidence and accused him of cherry-picking parts of the evidence that were supportive of the defendant’s case. Will the Justice Secretary meet me and the victims of surgical mesh to hear directly from them how such conflicts of interest are proving to be a barrier to justice?
If the hon. Lady writes to me with the details of that case, I will certainly ensure that she has a meeting with the most appropriate Minister.
By their very nature, family court cases are sensitive, delicate and complex, but all are urgent. During the time for such cases to be heard, will the courts provide assistance for families who are having difficult times to get them through the process?
Yes, and if the hon. Member writes to me with the details of his concerns, I would be happy to address them in more detail, on top of the assurances I have already provided to the House about the approach we are taking forward.
My constituent Lisa Brown has been missing, presumed murdered, in Spain since 2015, yet this morning I heard from Lisa’s family that the prime suspect, who was imprisoned in Liverpool in 2020 for 12 years for drug offences and gun-running, has absconded. Can I ask the Secretary of State or their prisons Minister to assure me, Lisa’s family and the House that their Department is doing all it can to return this dangerous criminal to prison, where they rightfully belong?
Certainly I can give the hon. Gentleman and his constituents that assurance. Absconds are actually very rare now; they have fallen by nearly two thirds over the last decade, from 235 in 2010-11 to 95 in 2021-22. The majority are captured quickly, but he will want to know that that happens in this case and I will ensure that his concerns are passed on.
The Bill of Rights Bill strengthens the power of the state by weakening the ability of victims to enforce their European convention rights. Does the Secretary of State think that it is appropriate for him to be piloting this legislation when he is himself under investigation for the abuse of power and may not be in Government to complete the passage of this controversial constitutional change, for which he appears to be the only advocate?