Oral Answers to Questions

Edward Argar Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Mr Speaker]

Welcome, Minister.

[The Minister of State, Ministry of Justice (Edward Argar)]

Thank you very much, Mr Speaker—it is nice to be back in the Ministry of Justice after an absence of a little over three years.

Data is collated on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether that crime was part of joint enterprise. We are, however, considering whether such data could be collected as part of the Common Platform programme. The Common Platform aims, as Members will have heard, to provide a single case management system that will enable the sharing of evidence and case information across the criminal justice system.

[Kate Osamor]

Members have been hearing for nearly a decade that the data will be released soon, but nothing ever comes of it. What possible excuse can there be for not being open about which prisoners have been convicted under this discredited and biased doctrine and which have not? It is that the data would clearly show how joint enterprise has been used to target black people disproportionately, particularly young black men.

[Edward Argar]

On the hon. Lady’s first point, we are unable at this stage to give a firm timescale for that data because capturing data on joint enterprise will depend on the level of change needed to the Common Platform and on the cost and work required to develop, test and implement it. On her broader point, the Government recognise that convictions based on joint enterprise appear from some studies to affect black, Asian and minority ethnic groups disproportionately. However, I assure her that the Crown Prosecution Service can only apply the law when making decisions, and race or ethnicity should play no part in any such decision making. We recognise the importance of the law of joint enterprise, and the consequences it can have for defendants and their families as well as for victims and their families.

[Duncan Baker (North Norfolk) (Con)]

4. What steps he is taking to reduce the size of waiting lists for family court cases.

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[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

14. What recent estimate he has made of imprisonment rates.

[The Minister of State, Ministry of Justice (Edward Argar)]

The Ministry of Justice publishes information on the number of people sentenced to immediate custody, along with other sentencing outcomes, in the criminal justice system statistics publication. The latest publication is for the year ending June 2022. The custody rate was 6.6% in the year ending June 2022 for all offences, 33% for indictable offences, and 1.1% for summary only offences. Although sentencing is entirely a matter for our independent courts, it is right that those who commit serious crimes should expect to receive a custodial sentence. This Government have ensured that courts have the powers they need.

[Liz Saville Roberts]

These data are significant. Cardiff University has uncovered the fact that courts in Wales imprison more people per head of population than England, and I am sure the Minister agrees that we need to know why. That is nigh-on impossible, however, when England and Wales are treated as identical for justice, even though key services are devolved. For justice to be best served in Wales we need to know what is happening in Wales, and who is responsible for what. Will the Minister commit to publishing Wales-specific data annually from now on?

[Edward Argar]

I am grateful to the right hon. Lady, and she tempts me a little. I appreciate the point she makes but, as she will appreciate, the English and Welsh justice systems are one justice system, and it is not a simple task to disaggregate the data depending on whether someone is sentenced to imprisonment and serves in England or in Wales. I am happy to meet her to discuss the issue, but I would not underestimate the complexity of what she asks.

[Karl Turner (Kingston upon Hull East) (Lab)]

16. Whether he has made an assessment of the effectiveness of the steps taken by his Department to implement the recommendations of the independent review of criminal legal aid. [R]

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[Mary Glindon (North Tyneside) (Lab)]

T6. Imprisonment for public protection—IPP—sentences are a stain on the criminal justice system, but the Justice Committee’s recent report offers a way forward. Will the Minister take the opportunity to act on the report’s key recommendation of a mass re-sentencing exercise, or will he allow the hopelessness, despair and even suicide among IPP prisoners to shamefully continue?

[The Minister of State, Ministry of Justice (Edward Argar)]

I am grateful to the hon. Lady for her question, which she puts with typical passion and care. My noble Friend Lord Bellamy and I are carefully considering the Justice Committee report and will respond to it in due course.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

My Marriage and Civil Partnership (Minimum Age) Act 2022 comes into force in February. Will the Minister confirm that cross-departmental work with the relevant Departments is taking place, so that from day one teachers, social workers, police, Border Force officers and others will have had the right training and know exactly what to do when faced with a case of child marriage?