Oral Answers to Questions

Edward Argar Excerpts

Tuesday 12th March 2019 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

1. What steps he is taking to improve the experience of victims giving evidence in court.

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

The hon. Lady has done so much on this issue and on campaigning for victims more widely. While a range of special measures already exist, we can and will do more. As she will recall, last September we published the victims strategy, which sets out the steps to support victims of crime further, including in court, and those steps have recently been added to with our commitments in the draft Domestic Abuse Bill.

[Sarah Champion]

I thank the Minister for his answer. Adult survivors of child sexual abuse often wait decades to see their abuser face justice. While survivors are often key witnesses, there is no statutory duty for them to get paid leave. I have met many survivors who have to take unpaid leave or holiday, but cases could unravel without their attendance. Once again, victims are being penalised for the abuse that they have suffered, so will the Minister review the matter and ensure that no victim experiences a financial loss for getting justice?

[Edward Argar]

I mentioned the hon. Lady’s work campaigning for victims, and she is particularly active in campaigning for the rights of those who have suffered child sexual abuse. She makes an interesting point, and I would be happy, as always, to meet her to go into it in more detail.

[Mr Philip Hollobone (Kettering) (Con)]

Victims want criminals to face the full justice of the law and to be sure that the punishment fits the crime. What are we doing to ensure that, once sentenced, criminals serve their time in jail in full?

[Edward Argar]

My hon. Friend makes an important point. Victims expect justice to be done, and when someone is convicted of a crime and sentenced, they expect them to serve that sentence. Of course, sentencing is a matter for the independent judiciary, and we have complete confidence in its approach.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Is the Minister aware that it is not only victims who are affected, but everyone else? A member of my family has just done jury service, and she was amazed by the inefficiency and poor quality of management in the court process, which wastes the time of those on jury service and is wrong for victims. It is wrong for everyone, because it is a badly managed process. Let us get more money for the Ministry of Justice so that it can do things properly.

[Edward Argar]

The hon. Gentleman makes his point powerfully, as always. We have undertaken a number of reforms of the court system and the criminal justice process, and he will have seen in the victims strategy our clear commitment to improve each stage of the process for victims and witnesses. The Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), has been doing a lot of work to ensure that cases run more smoothly, with fewer adjournments, so that victims and witnesses know that when they come to court they have a high chance of actually being heard on the day on which they expect to be.

[Kevin Foster (Torbay) (Con)]

I welcomed the publication of the victims strategy back in September but, as my hon. Friend will know, giving evidence is one of the most stressful parts of seeking justice for any victim of crime. Will he reassure me that he will also be working with people such as police and crime commissioners to ensure that there is no patchwork quilt of support for victims across the country?

[Edward Argar]

My hon. Friend is consistent in speaking up for victims’ rights, and I believe that his county’s police and crime commissioner has spoken about such rights more broadly. He is right that the victims strategy seeks to adopt an approach that will give a more consistent level of support across the country.

[Ann Coffey (Stockport) (Ind)]

I welcomed last week’s announcement of an end-to-end review of how rape and sexual violence cases are handled across the criminal justice system. Am I right in my understanding that the review will also consider the effect of rape myths on juries?

[Edward Argar]

The hon. Lady highlights an issue that the House has quite rightly debated on several occasions. I hope that all such relevant considerations will be examined in the end-to-end review.

[Gloria De Piero (Ashfield) (Lab)]

Back in October, I raised with the Under-Secretary of State, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), the case of a Nottinghamshire woman whose husband, despite being convicted of her attempted murder, is able to continue a cycle of abuse through the courts by claiming entitlement to their financial assets, including her home. The Minister offered to look into my suggestion of a change in the law that would ensure no financial entitlement to spousal assets following attempted murder, and to provide me with an update. Five months later, can we now have that update?

[Edward Argar]

I am grateful to the shadow Minister for once again highlighting an important and distressing situation. I am reassured that my hon. and learned Friend the Under-Secretary of State continues to look carefully at the matter. I appreciate that the shadow Minister will want rapid progress, but it is important that we get this right, so my hon. and learned Friend is examining the issue and will report back in due course.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

2. If he will make it his policy to return probation services to the public sector.

--- Later in debate ---

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

22. What recent discussions he has had with Cabinet colleagues on the future status of the UK as a signatory to the European convention on human rights.

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

My right hon. Friend the Secretary of State has regular meetings with Cabinet colleagues relating to the UK’s exit from the EU and issues such as our approach to human rights and the ECHR. The UK is committed to membership of the ECHR, as my right hon. Friend has previously set out, and we will remain a party to it after we have left the EU.

[Gavin Newlands]

In a letter written last year, the Minister implied that the Human Rights Act would come under threat post-Brexit. He said that

“our manifesto committed to not repealing or replacing the Human Rights Act while the process of Brexit is underway. It is right that we wait until the process of leaving the EU concludes before considering the matter further.”

So, for the avoidance of doubt, will he rule this out today?

[Edward Argar]

This country has a long tradition, which long predates the ECHR or the EU, of championing and setting the highest standards on human rights. The Human Rights Act 1998 reflects that and gives further effect to the ECHR in our domestic law, and we are not considering amending or repealing it.

[Dr Whitford]

Despite the Prime Minister’s previous wish for the UK to leave the ECHR, the Brexit White Paper committed to membership of the convention. However, the political declaration talks only of respecting the ECHR, so can the Minister explain the change of language and clarify whether the Government plan to repeal or protect the Human Rights Act after Brexit?

[Edward Argar]

I do not accept that our position on the ECHR is ambiguous. Both the political declaration and the White Paper make it clear that our future relationship with the EU should be underpinned by our shared values of respect for human rights and fundamental freedoms, and this includes our ongoing commitment to the ECHR. As I have just made clear, the HRA gives further effect to the ECHR in our domestic law, and we are not considering amending or repealing it.

[Joanna Cherry (Edinburgh South West) (SNP)]

Human rights are, of course, not a reserved matter, and the Scottish Government have an advisory group on human rights in relation to devolved matters. Will the Minister commit to full consultation with the Scottish Government about his future plans for human rights protection across the United Kingdom?

[Edward Argar]

I am grateful to the hon. and learned Lady, as ever, for her question. We work closely with the Scottish Government. I am always willing to listen and speak to them, and I will continue to do so.

[Joanna Cherry]

The Scottish Government’s advisory group on human rights reported in detail on 10 December, setting out three guiding principles for Scotland’s approach to human rights:

“non-regression from the rights currently guaranteed by membership of the European Union; keeping pace with future rights developments within the European Union; and continuing to demonstrate leadership in human rights.”

Can the UK Government commit to each of those principles for the whole of the UK? If not, why not?

[Edward Argar]

The hon. and learned Lady will correct me if I am wrong, but I believe Professor Miller chairs that advisory group. We debated this issue in Westminster Hall some weeks ago and I read his report with interest. We note with interest the measures being considered by the Scottish Government to enhance human rights in Scotland, and the principles and seven recommendations set out in that report. Of course, Scotland’s legal system is separate and distinct from that of England and Wales, but I am considering that report, and others, with great care.

[Helen Whately (Faversham and Mid Kent) (Con)]

6. What discussions he has had with the Crown Prosecution Service on improving prosecution rates for people responsible for female genital mutilation.

--- Later in debate ---

[Luke Hall (Thornbury and Yate) (Con)]

21. What steps the Government are taking to improve the management of female offenders in the criminal justice system.

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

The “Female Offender Strategy”, which we published last summer, sets out a raft of specific commitments underpinned by our vision to see fewer women coming into the criminal justice system, a greater proportion managed successfully in the community and better conditions for those in custody.

[Luke Hall]

Rates of suicide in female institutions are often disproportionately high. Will the Minister update the House on what he is doing to work with female prisons to bring suicide rates down, including prisons such as Eastwood Park in my constituency?

[Edward Argar]

Every death in prison is a tragedy, and we are committed to improving the safety and support available to all in our prisons. The rate of self-inflicted deaths in women’s prisons is lower than that seen in the male estate, but we recognise that the rate of self-harm is nearly five times the rate in the male estate. Therefore, we know that we need to do more. That is why we have set up a specialist safer custody team dedicated to the women’s estate and are rolling out revised and improved suicide and self-harm prevention training.

[Nigel Huddleston (Mid Worcestershire) (Con)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[James Cartlidge (South Suffolk) (Con)]

Will my hon. Friend the Minister outline what plans he has to increase support for rape crisis centres?

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

I pay tribute to Fern Champion, who has been incredibly courageous in speaking out recently about this hugely important issue. We provide funding for 89 rape support centres. From April, we will increase funding by 10% for them all, with a 30% increase in London, and move to a three-year funding settlement.[Official Report, 21 March 2019, Vol. 656, c. 12MC.]

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

T8. My constituent Phil suffered from addiction, became homeless and then became involved in criminal activity. Because he was given a suspended sentence, he was released from court with no money, no support and nowhere to live, and he spent the night on the streets. If he had been released from serving a sentence, there would have been support in place. Do the Government have a plan to address that disparity, to give people like Phil the best possible chance of rehabilitation?