Oral Answers to Questions

Edward Argar Excerpts

Tuesday 5th February 2019 Commons Chamber

[Robert Halfon (Harlow) (Con)]

4. What support his Department provides to victims of domestic abuse in taking abusive former partners to court.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

Domestic abuse is a dreadful crime. We are determined to ensure that those who commit it face justice and that the victims of it are supported and feel able to come forward. A range of measures is available to support victims in taking their abuser to court, including eligibility to apply for special measures, and the use of video links and recorded evidence. However, we believe that we can and should do more, as we set out in the draft Domestic Abuse Bill, which was published last week.

[Robert Halfon]

In June 2012, Eystna Blunnie, a 20-year-old, heavily pregnant young woman, was unlawfully beaten to death by her abusive former partner—her unborn child also died—despite the abuser being known to the authorities and the Crown Prosecution Service. Will my hon. Friend take steps to strengthen the support and protection available to victims of domestic abuse to help to prevent such tragedies from ever happening again and so that such a situation never occurs in Harlow again?

[Edward Argar]

I was sorry to hear about the dreadful and tragic case of Eystna Blunnie in my hon. Friend’s constituency. Strengthening the protections that are available to victims lies at the heart of the draft Bill. Its provisions include automatic eligibility for special measures in court for domestic abuse victims and, to better protect victims, a new domestic abuse protection order to enforce more stringent conditions on suspected and convicted perpetrators where breach will constitute a criminal offence.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Before Christmas, Sammy Woodhouse and I met the Under-Secretary of State for Justice, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer). Will the Minister update the House on the action taken after that meeting, particularly in relation to guidance issued to local authorities on exemption regarding the duty to notify? Is the Department willing to conduct a review to get to the heart of the scale of the issue that affected Sammy?

[Edward Argar]

I pay tribute to the hon. Lady and to Sammy for their work in highlighting the terrible situation and looking at what more can be done. I know that she had a positive meeting with my hon. and learned Friend and we are determined that the family court system should never be used to coerce or re-victimise those who have been abused. My hon. and learned Friend is liaising with the Association of Directors of Adult Social Services in respect of councils’ obligations and has invited the president of the family division to consider clarifying the practice direction on notification.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

The Public Accounts Committee held an inquiry into children’s social services yesterday. Does my hon. Friend agree that domestic violence is one of the key causes of the growth in the number of children being taken into care in local authorities? Will the Department work closely with the Department for Education to ensure that children’s social services have the information and finances that they need to deal with that growing problem?

[Edward Argar]

I can offer my hon. Friend the reassurance that we are working extremely closely with colleagues across Government to do that. We often see that some of the young people who end up in the criminal justice system have come from homes or families where they have witnessed domestic abuse. It is incumbent on us all to do all we can to tackle that.

[Gloria De Piero (Ashfield) (Lab)]

Practice direction 12J requires that a court must be sure, when ordering parental contact, that neither the child nor the other parent is at risk of harm. The direction makes it clear that this is an obligatory requirement, but campaign groups and lawyers say that its implementation is patchy, as we saw in the Sammy Woodhouse case. Will the Government task the new domestic abuse commissioner with responsibility for monitoring its implementation, with annual reports of any breaches to be laid before Parliament?

[Edward Argar]

I am grateful to the shadow Minister for her question, and I should have said in response to the hon. Member for Sheffield, Heeley (Louise Haigh) that I knew that the shadow Minister was concerned about this case and had done work on it. As I have set out, in the shorter term we have asked the president of the family division to look at that practice guidance to see whether it is working as it should. The hon. Lady mentioned the domestic abuse commissioner. In the context of the draft Domestic Abuse Bill, the commissioner will have powers to investigate these matters. I would be happy to meet the hon. Lady, as my opposite number, to discuss how that might work in practice.

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[Mike Wood (Dudley South) (Con)]

22. What steps the Government are taking to ensure that measures in the victim strategy, the forthcoming violence against women and girls strategy and domestic abuse Bill are aligned.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

The victims strategy is the first time that we have looked in such detail and in such a joined-up way at how we treat victims of crime. The strategy provides the vision for the Government’s approach to victims. The Government’s violence against women and girls strategy refresh and draft domestic abuse Bill have been developed with this vision in mind, and have been designed to sit within the framework of the wider victims strategy. The Bill is a joint Home Office and MOJ Bill, with close ministerial and official-level working to ensure close alignment.

[Huw Merriman]

To return to a theme raised on the Opposition Benches earlier, there is great support on the Government Benches for closing the loophole that may allow convicted rapists to gain notification rights to children conceived through those heinous crimes. Will the Minister assure me that if it turns out that practice directions will not have the requisite strength, legislation will be looked at? When he meets the hon. Member for Ashfield (Gloria De Piero) to discuss the possibility of the commissioner having powers with regard to practice direction 12C, will he consider including practice direction 12J under those same powers? That will also give safeguards to women and children.

[Edward Argar]

Building on the answer that I gave to the shadow Minister, I hear what my hon. Friend says and I know his work in this area and his commitment on the issue. I am very happy to look at the points that he raises. It is a draft Bill and I very much hope that he will consider putting his views to us in that process.

[Mike Wood]

For many victims of domestic violence and coercive control, like my constituent Chloe, and for their families, the process of giving evidence and preparing for trial adds to the pain of the original abuse. What is the Minister doing to support vulnerable witnesses, including victims of domestic abuse?

[Edward Argar]

We are determined to improve the family justice response to vulnerable witnesses, including people such as my hon. Friend’s constituent Chloe and victims of domestic abuse. Family judges have a range of powers to make sure that difficult courtroom situations are handled sensitively. In particular, we are looking to give the courts a specific power to prevent perpetrators of certain offences, including domestic abuse, from cross-examining their victims in person. We will also give the courts the power, in certain circumstances, to appoint a lawyer to conduct cross-examination on the preventive party’s behalf.

[Mary Robinson (Cheadle) (Con)]

10. When the Government plan to consult on a victims law.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

In the victims strategy published on 10 September, we committed to consult on the detail of a victims law in the course of 2019. In taking that work forward, we have already begun discussions with both victims and victims’ groups. We will consult on amending the victims code before bringing forward detailed proposals for a victims law. That will allow us to update entitlements to ensure that they better reflect victims’ needs before considering the detail of legislation.

[Mary Robinson]

I welcome the Department’s victims strategy, particularly the review of the criminal injuries compensation scheme. The Manchester Arena bombing almost two years ago left people with serious and life-changing injuries and brought to light questions about the scheme’s suitability in providing support for victims of terrorism. Will my hon. Friend outline what plans are being considered by the Department to improve support for victims of major tragedies such as the Manchester bombing?

[Edward Argar]

The Government are committed to ensuring that victims of terrorist attacks such as the Manchester Arena bombing receive the help and support that they need. In the victims strategy, we set out our intention to consult on changes to the criminal injuries compensation scheme, including considering how the scheme can better serve victims of terrorism. Terms of reference were published on 18 December 2018, with the review expected to report this year.

[Derek Twigg (Halton) (Lab)]

My constituent, Helen Hill, whose husband was murdered in 2002, has started a petition that has more than 8,000 names. The petition is about having supervision for life for murderers. I am sure the Minister understands the suffering that she has endured and is enduring to this day. Is not she the sort of person to whom he should be talking as a result of this, and will he please agree to meet me and Mrs Hill in the near future?

[Edward Argar]

I am grateful to the hon. Gentleman for raising that specific case and I am very happy to meet him.

[Fiona Bruce (Congleton) (Con)]

12. What progress the Government have made on implementing the recommendations of the Farmer review, published in August 2017.

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[Bill Esterson (Sefton Central) (Lab)]

13. What steps he has taken to reduce the number of children in the criminal justice system.

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

As far as possible, we believe that children should be diverted from the criminal justice system through liaison and diversion services. A custodial sentence should be used only as a last resort. As we have seen over the past 10 years, the number of children entering the criminal justice system has fallen by 86%, with the number getting custodial sentences falling equally dramatically.

[Bill Esterson]

According to the latest research, between 40,000 and 120,000 children are born every year with foetal alcohol spectrum disorders. Those with FASD often do not understand consequences, so will the Minister look at the special courts that have been set up in Canada, designed to reduce reoffending by helping those with FASD to understand the consequences of their actions?

[Edward Argar]

The hon. Gentleman makes an important point. If he writes to me with more details, I will be happy to look at the matter.

[Mr Speaker]

If the hon. Member for Mid Derbyshire (Mrs Latham) were standing on this question, I would call her; if she does not, I will not.

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[Mr Speaker]

No, no, not now. The hon. Gentleman can work up his question while the Minister is responding to the hon. Lady. [Interruption.] No, no, I am giving him preparation time; he should be thanking me.

[Edward Argar]

My hon. Friend the Member for Mid Derbyshire (Mrs Latham) makes an important point about the importance of stable accommodation, which can play a key part in reducing reoffending and giving people the opportunity to get their life back on the right track. We are working with partners across the Government, local authorities and others to ensure that the system works for those people.

[Jim Shannon]

rose—

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[Edward Argar]

Reducing reoffending is a key goal of the prison system, as we set out in the White Paper. Plans such as the New Futures Network show that we are serious about this. Research published by the Ministry of Justice last year showed that prisoners who have undertaken learning activity have a significantly lower reoffending rate on release than their peers, with a one-year proven reoffending rate that is 7.5 percentage points lower. Offenders who found P45 employment in the year after leaving prison had one-year reoffending rates that were six to nine percentage points lower than similar offenders who did not find employment.

[Yasmin Qureshi (Bolton South East) (Lab)]

While the total number of children in prison has declined over the years, the number of black and minority ethnic children in the prison system has remained static. How can the Lord Chancellor reassure BME communities that their children are not being disproportionately targeted?

[Edward Argar]

The shadow Minister makes an important point, building on the point made earlier by the right hon. Member for Tottenham (Mr Lammy). I am concerned about the black, Asian and minority ethnic people in custody. As the Lord Chancellor has said, we take this matter very seriously. This runs through our response to the Lammy review and the race disproportionality work that we undertake in the Department. I would be happy to meet the hon. Lady on this topic, if she would like me to.

[Mohammad Yasin (Bedford) (Lab)]

14. What steps he is taking to reduce prison overcrowding.

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[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

We take the Karen White case very seriously. In the light of that, we are reviewing both the content of prison service instruction 17/2016, which sets the policy on these questions, and its application. New guidelines will be published shortly, to ensure that it continues to strike the right balance between ensuring that all female prisoners are kept safe, that transgender prisoners have their rights respected and that we comply with our legal obligations under statute.

[Mary Glindon (North Tyneside) (Lab)]

T5. Can the Minister tell the House whether it is a requirement for prison governors to stay up to date with control and restraint training to receive the required hours addition allowance?