(1 year, 8 months ago)
Commons ChamberMy right hon. Friend is absolutely right and that is the focus of what the Home Secretary and the Prime Minister announced. For example, in the initial 10 police and crime commissioner areas, the ambition is for offenders to be doing reparatory work—for example, litter picking or cleaning up graffiti—in their communities within 48 hours of an offence. The powers to allow the police to drug test for a wider range of drugs, including methamphetamine, will give communities a sense of reassurance that action is being taken.
(1 year, 10 months ago)
Commons ChamberI thank my hon. Friend; she is championing a brilliant project in her constituency. Getting more prisoners into work is absolutely vital for them, but also for reducing reoffending. Training prisoners in modern methods of construction is one of the ways we can equip them with the skills to deliver. As a former Housing Minister, I am very conscious of the need to release more surplus land for those purposes and I will speak to my colleagues in the way she asks.
Last month, the chief inspector of prisons wrote a paper on why prison education is so poor. He said it is not a priority, prisoners are not taken to classes, there is an inadequate curriculum and there is no accountability from the MOJ. Does the Secretary of State agree with all that, and if so, what is he doing about it?
The hon. Gentleman is right to refer to the problem. In relation to covid, it has been more difficult. What I can tell him is that: first, through the use of in-cell technology; secondly, with vocational skills and apprenticeships; and thirdly, when I became Justice Secretary I applied a whole set of key performance indicators and lifted up the waiting for both study in prison and getting offenders into work. That is having a dramatic effect.
(1 year, 11 months ago)
Commons ChamberWhat advantages does the Secretary of State see in convening a special international tribunal to try offences committed in Russia’s war on Ukraine, including the crime of aggression?
We are doing a huge amount to support the Ukrainian authorities with domestic trials. We are also one of the large group of leading countries referring the situation in Ukraine to the International Criminal Court, and in a couple of months I will be convening a meeting here with the Dutch Justice Minister and getting countries together to ensure we can avoid any impunity for Putin’s illegal and disastrous war.
(2 years, 1 month ago)
Commons ChamberCertainly 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?
(2 years, 6 months ago)
Commons ChamberI pay tribute to my hon. Friend for the long-standing work that he has done, on the constitutional dimension in particular. I can give him the direct assurance—I have a copy of the Bill of Rights here and it is also available in the House—that we address squarely the issue that he raises. We want to make sure that elected Members from both sides of the House have the last word when it comes to resetting or expanding the laws of this land.
This morning, the distinguished legal commentator, Joshua Rozenberg, summed up this Bill not as the biggest constitutional tour de force in more than 300 years or the apex of the Justice Secretary’s career, but as a ragbag of restrictions. It will undoubtedly cause harm to many thousands of our citizens, especially those who are the most vulnerable and have suffered discrimination by an unchecked state. It will also cause harm to this country’s hard-won reputation as a champion of international law. As a constitutional document, is it not a damp squib and a legal nonsense that sets up confusion and conflict between domestic and European courts?
May I gently say to the hon. Gentleman, of whom I am quite fond and with whom I have debated these issues many times, it cannot be both ripping up human rights and a damp squib? May I suggest that he reads what people have to say on this—including Jonathan Fisher QC, who has written a very thoughtful piece about reform; Lord Sumption, a former justice of the Supreme Court; and John Larkin, a former Attorney General in Northern Ireland? He might get a slightly more sober analysis.
(2 years, 6 months ago)
Commons ChamberI thank the hon. Lady. I think that there will cross-party support for the work that we are doing with the mental health Bill announced in the Queen’s Speech, absolutely ending prison as a place of safety, if you like, for those with mental health issues and making sure that those who are seriously mentally unwell can be transferred into secure hospitals. I recently met the Health and Social Care Secretary to expedite those arrangements.
Approved premises house the highest risk offenders—terrorists and serious sex offenders—on release from custody. Their location is sensitive both for rehabilitation and protection of the public. Why on earth, therefore, is the Ministry of Justice building approved premises next to the main entrance of Wormwood Scrubs Prison, when the counter-terrorism security assessment lists 18 vulnerabilities, including potential assaults on staff, observation over the prison wall, use of a launch site for drones and undermining rehabilitation? Will the Secretary of State abandon this dangerous and counterproductive scheme?
Approved premises are vital. Of course we take all the requisite security advice on the matter and I am very happy to write to the hon. Member about any of the details. However, may I suggest that he write to me to set out the facts that he asserted, so I can test them very carefully and rebut them very clearly?
Given the constitutional importance of his role, is the Lord Chancellor considering his position in the Cabinet in the light of the Foreign Affairs Committee report on the withdrawal from Afghanistan?
(2 years, 9 months ago)
Commons ChamberIf, as the Secretary of State said earlier, he is concerned about the oppressive use of litigation costs in SLAPP cases, will he look into the same problems in respect of media cases? Will he consider introducing—perhaps in his Bill of Rights—the type of low-cost arbitration recommended by the Leveson inquiry?
I recognise the issue that the hon. Gentleman wants to deal with but we are not going to rake over the old coals of that debate.
(2 years, 9 months ago)
Commons ChamberMy hon. Friend the Chair of the Select Committee is absolutely right and I welcome the constructive responses from the Bar Council and the Law Society. He is right that we must do it as swiftly as possible, but he makes an important point that we must do it lawfully. We are following the normal public law principles in having a 12-week consultation. As I have indicated, we intend to bring the proposals into force through an SI by October. I hope that that strikes the right balance. As he and, in fairness, the hon. Member for Manchester, Gorton (Afzal Khan) said, we extend our gratitude to all the lawyers—solicitors and barristers—judges and court staff who have done an incredible job through a very difficult couple of years.
Does the Secretary of State now accept that the swingeing cuts in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have hobbled access to justice for a decade? Does he accept what the chair of the Criminal Bar Association, Jo Sidhu, said about the announcement today, which was that it
“will not be sufficient to retain enough criminal barristers to keep the wheels of justice turning and that means victims will be failed”?
If he does not accept that, what effect will it have on the backlog? He currently has a pathetic target to reduce the backlog to 53,000 cases over the next three years. If this is a groundbreaking change, what effect will it have on that backlog?
We will take no lectures from the hon. Gentleman given that he was there at the time that Labour was planning those swingeing cuts and, indeed, he backed them. Only now, when we have had to deal with the financial consequences of the economic mess that the last Labour Government left behind and put ourselves on a sustainable footing with the biggest investment in legal aid for a decade, he is complaining.
The Crown court backlog and the magistrates court backlog are coming down. Again, I did not hear from him a clear statement that strike action would be not only unwarranted but the last thing we need as we build back and recover in our Crown courts and magistrates courts.
(3 years ago)
Commons ChamberI pass on our best wishes to the hon. and learned Member for Edinburgh South West (Joanna Cherry). I hope that she is back up and running and well soon.
I say to the hon. Gentleman that we think that it is elected lawmakers who should have the last word on the laws of the land—that includes the devolved competencies. What he is saying, logic would suggest, is that he wants Strasbourg to be able to overrule not just Westminster but the Scottish Parliament. We are supporting democracy in all the nations of the UK and in this House.
This is the third or fourth attempt by successive Tory Governments to fillet the Human Rights Act, and it is no more coherent than the ones that were abandoned. We know that it is intended to pick on what are perceived as the easier or unpopular targets, but it will mainly disadvantage ordinary citizens of this country who are victims of unlawful decisions by the state. It purports to repatriate powers from Europe, but we are rightly staying in the European convention on human rights, so more decisions will go to Strasbourg. Judges will no longer be bound by the decisions of the European Court of Human Rights, but they are not now. Will he take the opportunity of the consultation to look at that again and see whether the measures are coherent in any way?
I think this is the first time that a consultation document has been put forward to the House of Commons. The hon. Gentleman is right that it has been much debated; we are now taking action. I am afraid that I disagree with him: we are very much focused on protecting and strengthening our tradition of freedom, of which I have given freedom of speech as an example.
Frankly, the hon. Gentleman has a choice to make. He can sit back and bask in the generalities of what he has said, or he can recognise, as the former Home Secretary and architect of the Human Rights Act does, that there has been abuse of the system and that if we reform and take our responsibilities in this House seriously, we can make a change for the better and introduce some much-needed common sense.
(4 years, 5 months ago)
Commons ChamberMy hon. Friend is absolutely right that this new regime gives us that power. On top of the legal regime, the asset freezes and the visa bans, the work of the Prime Minister’s special envoy for freedom of religion or belief has been immense; it has been a herculean shift. We are working with our international partners and intend to co-host a conference on freedom of religion or belief. That will give us the ability to do precisely what my hon. Friend wants us to do.
Bahrain, the United Arab Emirates and Saudi are all classed as close trading and political allies of the UK. What they also have in common is locking up political prisoners, torture and execution without due process. Zuhair Abdullah and Husain Rashid are in imminent danger of execution in Bahrain, having exhausted legal remedies. Will the Foreign Secretary be sure to sanction human rights abusers in so-called friendly countries, as well as those that are not so friendly?
The hon. Gentleman has been a passionate human rights defender over many years. He can take reassurance from the designations that we have made, and can see that the Government are willing to do—and are doing—just that.
(4 years, 9 months ago)
Commons ChamberMy hon. Friend is right to pay tribute to Professor Whitty, and along with Sir Patrick Vallance we have some of the finest expert evidence in the world coming to us. On the broader point, yes, we are talking to our European partners, and UK nationals are in European countries—particularly Spain and France, but also other countries—in large numbers. I reassure my hon. Friend that I am talking to my opposite numbers around the world, from central America to Asia-Pacific and North America, both Canada and the United States, and we will continue to do that.
Those of us who represent large numbers of EU citizens are hearing concerning accounts of what is happening in their home countries. There are towns in northern Italy, of a similar size to many of our constituencies, that have seen thousands of cases of the virus, and hundreds of deaths. I assume the Foreign Secretary is getting similar responses from our embassies around the world. Are those being used to inform the UK response, even if it involves a worst-case scenario?
The hon. Gentleman is right to say that we must learn from and try to understand more about covid-19 and what its impact will be in the UK, based on the experience that we are seeing in real time across the world, and that is being fed in via scientists and the Department of Health and Social Care. We are ensuring that we have practical advice at the end of that pipeline, which is why we have taken the decision on travel advice today.
(6 years, 5 months ago)
Commons ChamberI thank my hon. Friend. I agree that that has been the feedback that we have had. We can want to end free movement without saying that we will pull up the drawbridge. We need to have a balanced approach to immigration that not only protects and services the skills gap in this country, but makes sure that we deal with the pressures and costs of immigration and that we restore public confidence in the immigration system.
The proposals on freedom of movement in the White Paper will please no one. There is no certainty for resident EU citizens or for those seeking to come here after 2020. The list of exceptions is so wide and so unclear that it has already been rejected by the hard Brexiteers. The message seems to be, “You can stay or come here, but you are not welcome,” and to my mind, that is both incompetent and unpleasant. I had the Secretary of State down as neither of those things before today, so I wonder why he wants to be associated with this document.
Because it takes a balanced approach to immigration, rather than pretending that we can continue with the legacy of the previous Government, who had an open-door approach to immigration, which destroyed public trust in the system. We need to take advantage of the economic benefits and control the pressures. That is the sensible approach.
(6 years, 7 months ago)
Commons ChamberI thank my hon. Friend for his question. We are keen to see diversity in the housing market. It will be one of the key drivers for building more homes and getting more affordable homes, and I will be happy to meet him in due course.
(6 years, 10 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a privilege to serve under your chairmanship, Mr Owen. As is the custom, I congratulate the hon. Member for Hammersmith (Andy Slaughter) on securing this debate. We have sparred many times on justice matters, and I look forward to an equally rigorous friendship on housing issues. He takes a close interest in those issues and I know how tenaciously he makes his case for his constituents and on matters of principle. I pay tribute to the residents who have come to listen to him and to hear the different views on this important matter.
I take note of all the hon. Gentleman’s points regarding the merits or otherwise of the development of the Earl’s Court and West Kensington area. He will know that the Secretary of State for Housing, Communities and Local Government has been asked to make a decision on two specific matters submitted for his determination. The determination requests are currently being considered in the Department. The hon. Gentleman made some specific requests that I want to address clearly. As a lawyer and an assiduous local MP, he will know that that process precludes me, for legal and propriety reasons, from commenting specifically on the regeneration proposals for the Earl’s Court and Kensington area. As he knows, to do so would prejudice the very decision making he is calling for. Notwithstanding those limits, in his usual deft way he has highlighted his concerns over the Earl’s Court project while also raising—the shadow Minister did this, too—wider issues relating to social housing and the place for regeneration within that. I will say as much as I conceivably can.
Members will know that social housing is a priority for this Government. Last year we announced a review to examine the issues affecting social housing. To help inform the Green Paper we have spoken directly with 1,000 people who live in social housing, as well as with more than 7,000 people through online surveys. Notwithstanding the fact I have only been in this post for a short time, I have been to two workshops this year in Basingstoke and for Lancaster West residents in north Kensington. I hope that reassures the hon. Member for Kensington (Emma Dent Coad). Those workshops and the wider feedback have made a profound impression on me. We have an important opportunity to look afresh at the sector. A lot of the wider points that Members have made will feed into, touch on and resonate with some of the issues we will be grappling with. We will publish the Green Paper this year for consultation, and I look forward to engaging with all Members at that point on those wider policy issues as we strive to get the best out of the social housing sector.
More broadly, the Government are increasing the supply of homes and implementing policies that help people to access housing, whether they are renting or looking to buy in whichever sector, private or social. In 2016-17, which is the last year for which we have full figures, nearly 220,000 net additional homes were delivered. There were more than 41,000 affordable housing completions, which was up 27% on the previous year. We saw nearly 145,000 completions on the Help to Buy equity loan scheme by the end of September 2017.
Building affordable homes is a top priority for this Government. Since 2010, we have delivered more than 357,000 new affordable homes. In relation to the specific issues raised by the hon. Member for Hammersmith, about one quarter of those homes have been delivered in London. The Prime Minister recently announced an additional £2 billion of funding for affordable housing. That will increase the affordable homes programme budget to more than £9 billion. The new funding will support councils and housing associations to build more affordable homes where they are needed most: where families are struggling with rental costs and some may be at risk of homelessness.
The shadow Minister raised the issue of affordable housing in the wider context, and the hon. Member for Hammersmith made a number of political points. I hope both will forgive me for pointing out a few basic undeniable facts about affordable homes in Hammersmith and Fulham. Affordable home delivery in Hammersmith and Fulham in 2016-17 was 28% of the level of the last year of the previous Conservative administration. In the same year, Hammersmith and Fulham delivered 15% of the affordable housing that Wandsworth delivered. I note that as a matter of balance with the account of the borough given today by Members. It is worth putting it in some perspective. Nevertheless, across the political aisles and across the country—the issue is most acute in relation to London, where there is a serious housing shortage and high demand—I think we all are clear about our ambition and restlessness to go much further.
At the autumn statement in 2016, we agreed a record-breaking £3.15 billion package of funding for affordable housing in London to deliver at least 90,000 new affordable homes by March 2021. In addition, London will also get a share of the extra £3.4 billion investment in the affordable homes programme announced recently. Since 2010, we have delivered more than 357,000 new affordable homes, and about one quarter of them have been in the capital.
As London struggles to build enough homes to keep pace with demand, attention is naturally turning to the broader options regarding the regeneration of housing estates. Estate regeneration done the right way can create new improved homes and communities for the people who live there. It can increase the supply and quality of homes through densification and design. Those two can be viewed as a win-win, rather than a zero-sum game. Savills has estimated that in London there is capacity to provide more than 54,000 additional homes using a street-based model. The Government published a new estate regeneration national strategy in December 2016, which supports local partners to improve how they do estate regeneration in partnership with residents to drive better quality housing, local growth and wider opportunities for the residents of local communities.
To give some examples of good practice, in the north Solihull area of Birmingham, a focus on education with the local community infrastructure amenities has led to an increase in educational standards. The regeneration set out to change the lives of 40,000 people by building new homes of mixed tenure, developing new state-of-the-art schools and creating new village centres with improved health and enterprise facilities. The best estate regeneration schemes make the community central to the project.
The Spirit Quarters redevelopment in Coventry is a resident-led scheme. They have set up three social enterprises: a community café, a neighbourhood centre and a business centre. In addition to the physical transformation, there have been improvements in many social and economic outcomes. Overall, reported crime in the area is down by almost 20% and the number of residents claiming jobseeker’s allowance has reduced by 44%. The percentage of students leaving school with five or more GCSEs at grades A* to C has increased from 5% to 33%. Those are all incredibly positive outcomes.
The issue of tenant participation has been raised by hon. Members. Residents are clearly key partners in any regeneration scheme. They should have opportunities to participate from the start, developing the vision, design, partner procurement and delivery. Working with residents can help to build trust and consensus on regeneration. I have said this numerous times since taking on this portfolio: we need to build more homes, but we also need to build up stronger communities, too,
It is particularly important that residents have the opportunity to express their views on the final options for regeneration, whether as individuals or through the democratic process more generally. The way that is done should be agreed locally. That is the template for the national policy that we put out. The regeneration should have the support of a majority of the residents whose lives will be directly affected. At the Wornington Green estate in north Kensington, support for the regeneration was helped by early and ongoing conversations with residents. It included a resident steering group, regular outreach, independent advice and advocacy, regular public meetings, and training for residents.
It is important to set out a clear set of commitments about how the regeneration process will work and what housing options are available. Providing security and confidence through a charter early on is one option for helping to establish trust and foster positive discussions about the scheme. All existing council and housing association tenants, whether on a lifetime or fixed-term tenancy, should have the option to return to the estate. It is a legal requirement for leaseholders to be compensated if their home is demolished. However, we expect that schemes will go further and offer leaseholders a package that enables them to stay on the estate or at least close by.
It is important that home purchase options are made available. Residents should be given the opportunity to change tenure if they so wish. Regeneration can help first-time buyers get a foot on the housing ladder and provide opportunities for tenants to own their homes. Shared ownership has an important role to play in helping those who aspire to home ownership but cannot afford to buy. For example, residents of the Rayners Lane estate in Harrow have been guaranteed the right to remain in affordable housing on the estate, with the extra 260-plus homes creating a vibrant mixed-tenure community through the introduction of outright sale and shared ownership. All of that requires strong leadership from local authorities.
Our strategy highlights the importance of devolution and the leadership role of local authorities working with their communities to support estate regeneration. We have seen good examples of that type of strategic leadership and co-operation. Notwithstanding the criticisms that have been made, I hope we will not throw the baby out with the bathwater and lose sight of the good examples and the positives.
I will make a little more progress and the hon. Gentleman can comment at the end.
Combined authorities in the Tees valley, the west midlands and Greater Manchester are now tackling housing and regeneration alongside transport, infrastructure and skills as they take a more holistic approach. Strategic regeneration plans can act as the catalyst for delivering place-based services and infrastructure through, for example, new community hubs and schools that service the areas being regenerated.
Opposition Members have sometimes accused me of focusing too much on London and the capital. However, the regeneration of Anfield in north Liverpool has focused not only on housing, but on the place as a whole, including the commercial offer and the wider infrastructure. Your Housing association, Liverpool football club and Liverpool City Council created a partnership that enabled them to consider the needs of the community across the whole Anfield area. That was important and is a good example of the strong joint partnership and long-term community engagement that has transformed Anfield into a place where people want to live.
I appreciate the tone of the Minister’s speech and what he said about not giving a view on the regeneration scheme. However, may I press him a little on two points? First, if he cannot say what his position is, can he indicate—this is not unreasonable after two years—when there is likely to be a decision on the right to transfer? Secondly, there are many regeneration schemes, but so many of them involve a reduction in the number of social rented homes. When we have a new deal for Earl’s Court and West Kensington, will he agree to work with the other players there to ensure that we preserve and enhance the existing community?
The hon. Gentleman has made his point in a constructive and reasonable way. I appreciate his frustration on the time issue. After the length of time and all the issues that have been churned over, no one will say this has been done in a rushed way, but we need to take the time required to get the decision right. I cannot give him a specific timeframe, but we will move as expeditiously as we can. I certainly will take back to the Department the point that he has made.
On the wider question, we have an opportunity through the social housing Green Paper. We will collate the extraordinarily wide range of feedback we have had. We will put that into the proposals through a Green Paper for consultation. I look forward to working with the hon. Gentleman and hearing from him at that stage.
In conclusion, I want to make sure this debate does not lose sight of the fact that local regeneration can offer enormous scope to build more homes and at the same time build up our local communities, which, whatever side of the political argument we sit on, is the shared objective. It requires ambition from local authorities, which many are providing. It also requires that residents have a strong voice in the process to shape the local plan, and support from central Government, which London and many other communities are receiving, not least with the recent homes infrastructure funding that has been made available. It also requires strong leadership to carry local communities with us.
(6 years, 10 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is not just in relation to local authorities and housing associations that the freeholder is responsible for renovations; it is also the case for private landlords. The question of the allocation of responsibility for funding and financing the renovation is partly determined by the terms of the leasehold arrangement, but my understanding is that, as a matter of general law, a freeholder cannot pass unreasonable costs over to leaseholders. There is always recourse to the tribunal and we know plenty of leaseholders have taken such action. We have been very clear that, morally, such costs should not be passed on to leaseholders.
At the last Housing, Communities and Local Government Question Time, my hon. Friend the Member for City of Durham (Dr Blackman-Woods) and I both asked about the review of technical documents. We did not get an answer. To be clear, we are talking not about the Hackitt review, which is doing some good work on the wider issue, but about individual types of cladding and what document B says. We cannot go ahead with the replacement of cladding —we may still put up partially combustible materials on those buildings. The review of technical documents has not yet started.
If the hon. Gentleman writes to me about that, I will follow it up. There is detailed dialogue with any local authority that raises such issues. If he wants me to follow it up, he should write to me and I will be very happy to do so.
(7 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I have not seen that article, but we are constantly looking to ensure that the court system is as amenable as it can be to litigants in person. Contrary to what the shadow Minister suggested, a range of support is available for that; we have ensured that persons without legal representation can get help and support. Since 2015, the Government have invested £5 million of funding to support litigants in person through the litigant in person support strategy, which works with a range of partners across the advice, voluntary and pro bono sectors to provide practical support, whether that is online self-help resources, access to free or affordable legal advice or representation where possible. Personal support units provide trained volunteers who give free and independent assistance to people facing proceedings without legal representation in civil and family courts and tribunals. More personal support units have opened in courts to provide direct support and information to litigants in person, and there are now 20 such centres in 16 cities.
I hesitate to say this, but the Minister is being a bit complacent. All the organisations that he names are wholly laudable, but a PSU, for example, does not give legal advice. Pro bono services are excellent but they cannot compensate for the reduction in legal aid. Mediation is important, but there will be some cases in family law that need to go to a contested hearing. We would like to hear from the Minister that the review will look at the actual effects on the ground, and that where there is a deficit, there will be a genuine attempt to address that. Further, we are asking that he looks at the Bach commission report as part of that process.
The hon. Gentleman has made his intervention in his usual powerful way. I gave the assurance he wanted that the review would be comprehensive and I have looked at the Bach commission report. I would love to know where Opposition Members would make allocations of public funding to pay for the estimated £400 million needed to fund those reforms. On our side, we want to ensure that we can allocate legal aid as best we can, but we have to take the cost into account.
The point I was in the middle of making in relation to litigants in person was one that the hon. Member for Enfield, Southgate (Bambos Charalambous) made in his intervention. We have also delivered training to better equip the judiciary to support litigants in person through the court process.
To respond to the points made by the hon. Member for Lewisham West and Penge (Ellie Reeves), my Department is taking steps to improve the situation of bereaved families at inquests. The inquest process is distinct; it can be incredibly traumatic for the bereaved. It is important to help them to understand how their loved ones died, which can be particularly hard so soon after the event. My heart goes out to anyone who goes through that—not just the grief but the fact-finding process, with all the legal and bureaucratic procedures of the inquest system, which must be rather daunting and challenging for a layperson. I agree that early legal advice can be helpful in allowing families to understand the process, which is why we have protected it for inquests within the scope of legal aid. Inquests are supposed to be inquisitorial, and most inquest hearings are conducted without the need for publicly funded representation. However, we recognise that legal representation may be necessary in some circumstances, for which funding is available through the exceptional case funding scheme.
Dame Elish Angiolini’s important report on deaths in custody highlighted that there are issues relating to public participation. I reviewed that report and I take it very seriously, which is why we committed to update the Lord Chancellor’s guidance so it is clear that the starting presumption is that legal aid should be awarded for representation of the families at an inquest following the non-natural death or suicide of a person detained in custody. I hope that that goes some way to reassuring hon. Members. We could debate that important work for much longer, but I will wind up shortly.
As well as looking back over the record of LASPO and some of the previous decisions, it is also crucial to look forward and ensure that access to justice, to which legal aid makes a hugely valuable contribution, is maintained and meets the needs of a modern society. We are investing over £1 billion to transform our courts and tribunals to build on our world-renowned justice system so that it is more sensitive to victims, more modern so that it works more efficiently, swifter and more accessible in the ways that I have described. As part of that, we will digitise our services to make them easier for the public to use, whether or not they are supported by a lawyer. It is essential that we continue our work to ensure that legal aid is made available to the most vulnerable, as part of that wider approach to making access to justice and the justice system fit for the 21st century.
I congratulate the hon. Member for Glasgow North East again on securing this debate. I welcome the thoughtful contributions on all sides and the opportunity to set out the Government’s position and our plans to take the justice system forward, not back.
(8 years, 6 months ago)
Commons ChamberMy hon. Friend is right and makes an important point about the future direction of human rights laws in this country. We are party to the European convention on human rights, and that is a different and separate issue from the EU. Our regime is based around our membership of the European convention, and considerable legal uncertainty is created if the Luxembourg Court starts to interfere and create risks and wider uncertainty about which rules apply and how.
The Minister may wish this was not the case, but in fact the EU has provided and protected employment and human rights for part-time workers and working parents, with paid holidays, maximum working hours, measures to tackle discrimination at work, and time off to care for sick children. Does he think that those rights are worth protecting? Or does he agree with the billionaire stockbroker who is funding the Brexit campaign, Peter Hargreaves, who thinks we should leave the EU because
“we will be insecure again. And insecurity is fantastic”?
It is thunder and lightning but it does not provide much clarity on the issue; the bottom line is that the hon. Gentleman has little faith in Labour fearsomely defending workers’ rights. Whichever side someone is on in this House or in this debate, they should want to uphold the right of this House to make those finely balanced decisions on employment regulation and make sure that they are tailored to the precise needs of this country, not those of bureaucrats and other vested interests in Brussels.
(8 years, 10 months ago)
Commons ChamberMy hon. Friend is absolutely right that we need a balanced approach to access to justice. I will answer some specific questions about the military claims later, but he is right to say that we need to look at the rules on legal aid, and that is what we are already doing and will continue to pursue.
Talking of value for money, how much has the miscalculation of divorce settlements cost so far? The 2,200 closed cases will require specialist legal advice and negotiation to correct. Who is going to pay for that—the taxpayer or the people his Department has so badly let down? On the back of it, the legal press has dubbed the Under-Secretary of State for Justice, the hon. Member for North West Cambridgeshire (Mr Vara), the Minister for cock-ups. We disapprove of this scapegoating. Does not the whole ministerial team deserve that title?
(9 years, 3 months ago)
Commons ChamberI thank the hon. Lady for her question. There will be full consultation and we are aware of the concerns that she and her party have raised. Revising the Human Rights Act can be done only by the UK Government, but at the same time the implementation of human rights issues are already substantially devolved to Scotland. Let me give one example. The Scottish Government have been criticised for failing to hold mandatory fatal accident inquiries when someone dies in a mental health institution. That is just one illustration, but the SNP needs to stop promoting the fiction that human rights in Scotland totally depend on or are threatened by Westminster and to focus more on living up to its own responsibilities.
Many of the Minister’s colleagues have much to say on human rights, but the Lord Chancellor has remained uncharacteristically guarded. At the time the Act came into effect, he said:
“The Human Rights culture is already spreading in our society, uprooting conventions on which our stability has rested…It supplants common sense and common law, and erodes individual dignity by encouraging citizens to see themselves as supplicants and victims to be pensioned by the state.”
Does the Minister agree with that, and does it now represent Government policy?
That is a very interesting set of insights into a range of problems with the Human Rights Act. There are two sorts of issues: how the Strasbourg Court operates, and how the Human Rights Act operates domestically. Wise people in the shadow Justice Secretary’s party, from the noble Lord Irvine, one of the architects of the Act, to the former shadow Justice Secretary, the right hon. Member for Tooting (Sadiq Khan), have pointed out the flaws in the Act and agreed that we need to look at them. We should have a sensible debate about its replacement, not silly point scoring or shrill scaremongering.
Rather than our listening to my right hon. Friend the Member for Tooting (Sadiq Khan) being misquoted, perhaps the Minister would like to answer some questions. This week, leading civil liberties organisations warned that parts of the Trade Union Bill breached human rights, and last week the EU warned that countries such as Russia would take the lead from a British opt-out. This is very serious. Is that what the Government plan for the Human Rights Act: an attack on fundamental freedoms at home and an encouragement to human rights abuses abroad?
A Labour Government enacted ID cards, and a Labour Government proposed 90-day detention without charge. The interim leader of the Labour party, the shadow Home Secretary and the shadow Justice Secretary voted for both those measures. We scrapped ID cards and cut detention without charge; we will take no lectures on liberty from the Labour party.
(9 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I am sure you could.
I also welcome the contribution made by the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill). I congratulate him on his election to that post and look forward to being grilled in due course. He counselled us not to treat the Human Rights Act as a holy grail that cannot be questioned. That was a useful injection of common sense into the debate.
I also pay tribute to the hon. Member for Strangford (Jim Shannon), who highlighted some of the cases under the HRA that have been of concern to his party. He raised in particular the application of article 8 with regard to deportation. My right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) made some powerful points on section 2 of the Act and on extraterritorial jurisdiction. The hon. Member for Lanark and Hamilton East (Angela Crawley) raised the difficult issue of the balance between liberty and security. My hon. Friend the Member for Christchurch (Mr Chope) discussed judicial legislation from Strasbourg—he has huge experience of that as a result of his representation on the Council of Europe.
There were other excellent speeches to which I cannot pay individual tribute, but I should also acknowledge the speech made by the shadow Minister, who reiterated his party’s position and lamented the lack of detail in the Government’s current proposals. I say to him gently that one issue with the Human Rights Act, arguably, is that it was rushed through, as it was introduced within six months. As a result of that haste, some problems have now emerged that we were warned of at the Act’s inception. The Government are not going to rush in the way the then Labour Government rushed through the Human Rights Act. We will take a little time, because we want to get it done right rather than quickly.
Most people do not think it was rushed but would say that it was 20 or 30 years too late. The effect of the Act is to incorporate the convention, which it does, to use the phrase of the former Attorney General, the right hon. and learned Member for Beaconsfield (Mr Grieve), in a very conservative way. What is the problem with that?
The shadow Minister makes an interesting point. If, as a new Government, we had introduced a Bill within six months, it would have been argued that that was too hasty.
On the problems that have arisen as a result, a former shadow Justice Secretary, the right hon. Member for Tooting (Sadiq Khan), who is no longer in his place, took to The Daily Telegraph just last year to point out some of the problems with section 2 of the Act:
“Too often, rather than ‘taking into account’ Strasbourg rulings and by implication, finding their own way, our courts have acted as if these rulings were binding on their decisions. As a result, the sovereignty of our courts and the will of Parliament have both been called into question. This needs sorting out.”
If the Labour party has U-turned on that rather thoughtful critique of its own legislation and now, as my hon. Friend the Member for Bromley and Chislehurst said, believes the Act to be a holy grail that cannot be touched, called into question or criticised at all, there are some questions for Labour to answer. I know hon. Members in the shadow Minister’s party would not all agree on that matter.
I shall take this opportunity to set out the Government’s position. I should say that I have found the debate very valuable at this still formative stage of the Government’s process towards enacting a Bill of Rights. To answer some of the questions put, we will be consulting formally this Session, including with the devolved Administrations—I am aware that there are some issues there—and I hope hon. Members will understand if I do not prejudge that consultation or its terms in my remarks today.
I remind hon. Members that the United Kingdom has a strong tradition of respect for human rights that long predates the Human Rights Act 1998. The Government are proud of that tradition and will be true to it in delivering our reforms. As I explained at Justice questions, our plans do not involve us leaving the convention. That is not our objective. We want to restore some common-sense balance to our human rights, which are out of kilter, so nothing has been taken off the table.
(9 years, 5 months ago)
Commons ChamberMy hon. Friend has been tenacious in his campaigning on this subject. He comes up with an ingenious suggestion. Actually, our concern has been less with the black-letter text of the convention and more with its application. Some of the problems have arisen from judicial legislation in the Strasbourg Court, some of them through the operation of the Human Rights Act, as the former shadow Justice Secretary acknowledged. We want to protect our fundamental rights and prevent abuse of the system.
Sir John Major, giving the inaugural Edward Heath lecture on the subject of Magna Carta last week, said that he respected the “power and significance” of the European convention on human rights, and that where there was conflict with the UK Parliament,
“I expect consultation and compromise to settle this issue.”
Should not the Minister, and indeed the Lord Chancellor, heed the advice of someone with so much experience of running a Tory Government with a wafer-thin majority?
(13 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The hon. Lady has partly addressed my point. Given the number of hon. Members present today, does the hon. Gentleman not share my concern that this is a matter that should be debated on the Floor of the House? We need to debate both this issue and the issue of Babar Ahmad, for which an e-petition of more than 140,000 signatures was collected.
Certainly, we need to have a debate in Chamber time and on a votable motion. I hope that we can deal with all the individual cases within the scope of the broader policy issue about the UK-US treaty and the European arrest warrant. If there is enough support from hon. Members across the House, I will return to the Backbench Business Committee to seek what we originally asked for.