Oral Answers to Questions
Edward Argar Excerpts(5 years, 5 months ago)
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Dan Jarvis (Barnsley Central) (Lab)
The Parliamentary Under-Secretary of State for Justice (Edward Argar)
We all owe a great debt to those who serve in our excellent armed forces—including, of course, the hon. and gallant Gentleman—both during and after their service, and that also applies to those former armed forces personnel who enter the criminal justice system. The Government have committed £5.7 million to the support of ex-armed forces personnel in the criminal justice system, and we work in close partnership with a range of service charities to provide the help that they need.
Dan Jarvis
I thank the Minister for his response. I know he understands that veterans can have more complex needs than other offenders, but those needs are not always recognised, meaning that some do not get the support they require. Does he agree that we should have a dedicated veterans support officer in every probation and prison area?
Edward Argar
The hon. and gallant Gentleman raises an important point. He is absolutely right that many veterans have specific needs, which are, for example, often met in the custodial estate by service charities that understand and can relate to those needs. He raises a sensible and interesting suggestion that I am happy to pick up with him after questions.
Marsha De Cordova (Battersea) (Lab)
Bambos Charalambous (Enfield, Southgate) (Lab)
The Parliamentary Under-Secretary of State for Justice (Edward Argar)
The hon. Gentleman makes a very important point. Although the female deaths in custody rate is lower than that of men, every single death is a tragedy that we must do everything we can to prevent; and likewise with self-harm. We have improved the support available to women in prisons. As my right hon. Friend the Secretary of State has said, we believe that in many cases a community sentence or community support is better and more effective than prison. The hon. Gentleman will have seen the announcement we made a few weeks ago about the health and justice plan that we are currently working on to improve health and support for everyone in prison—not just female offenders, but obviously including them.
Neil O’Brien (Harborough) (Con)
Recent Ministry of Justice research shows the increasing concentration of crime in the hands of a few prolific criminals, but written answers that I have received in the past few weeks suggest that too few are being jailed. Will my right hon. Friend look to review the sentencing of prolific offenders?
Janet Daby (Lewisham East) (Lab)
Edward Argar
We, like the hon. Lady, value the work that youth offending teams do with children who have offended and the work they do to prevent offending. The Youth Justice Board’s total funding this year for frontline services, including youth offending teams, is £72.2 million, which is an increase on last year. We continue to invest in youth offending teams, but it is also important that we encourage innovations such as I saw when I visited Lewisham’s youth offending team earlier this year.
Mr Philip Hollobone (Kettering) (Con)
IPP prisoners are those imprisoned indefinitely for public protection who have been found guilty of serious violent and sexual offences. In 2011, 300 were released. In 2017, 616 were released. How can the public feel safe when more than 10 of these people a week are being released on to our streets?
Bridget Phillipson (Houghton and Sunderland South) (Lab)
Edward Argar
As I said to the hon. Member for Lewisham East (Janet Daby), we recognise the vital work of youth offending teams across the country. We have increased the funding for frontline services this year. Local authorities also have a role to play. While she is right that the funding has reduced, it is worth remembering that so too has the statutory case load, by a significant amount. That is not the only factor—they do other work, which must be recognised—but it is a factor.
Alex Cunningham (Stockton North) (Lab)
In his answers to my hon. Friends the Members for Lewisham East (Janet Daby) and for Houghton and Sunderland South (Bridget Phillipson), the Minister seemed content with youth offending services, yet every day we see the results of the Government’s neglect of those services. Assuming that he has learned from that failure, what advice will he offer his successor to sort it out?
Edward Argar
I am grateful to the hon. Gentleman for that question—I am not yet sure whether that will be a matter for me or for a successor, but I assume he meant it kindly. He is right that the central Government grant has been reduced, as I said in answer to the hon. Member for Houghton and Sunderland South (Bridget Phillipson), and so too has that contributed by local authorities. It is important also to recognise the reducing statutory case load to set alongside that, although that is in no way to diminish the absolutely vital work that youth offending teams do. The hon. Gentleman is right to highlight that. I share his concern and will continue to work closely with the Youth Justice Board on it.
Wera Hobhouse (Bath) (LD)
Witnessing domestic abuse, especially as a child, is traumatising and has an impact on life for years to come. In the upcoming domestic violence legislation, will the Minister commit to including children who have witnessed domestic abuse in the statutory definition of a domestic abuse victim?
Edward Argar
The hon. Lady rightly highlights the importance of the draft Domestic Abuse Bill, which we hope to bring forward as soon as we have fully considered the recommendations of the Joint Committee on the draft Bill. I know that is something that came up in evidence and in the Joint Committee, and it is something we will be looking at very carefully.
Mrs Emma Lewell-Buck (South Shields) (Lab)
My constituent Claire Ball was sexually abused as a child. She bravely went through the trauma of giving evidence against the perpetrator in court. Throughout that process, Claire was given less support than the perpetrator, had no option for witnesses to support her and, disgustingly, was accused of “leading him on”. He was found not guilty—Claire has still not been given a clear reason why—and has remained living close by. Can the Minister explain to me and to Claire, since she must relive the trauma every time she sees the perpetrator, when the Government will redress the inequity faced by child sexual abuse victims in our justice system?
Edward Argar
The hon. Lady makes a powerful point. The issues to which she alludes are likely to fall under the responsibilities of both the Crown Prosecution Service and the court. I am happy to meet her to discuss the specifics of the case and, as appropriate, take them up with the Solicitor General and the Attorney General.
Assisted Dying
Edward Argar Excerpts(5 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Edward Argar)
With your permission, Mr Deputy Speaker, I will endeavour to conclude my speech a few minutes before 5 o’clock to allow the hon. Member for Grantham and Stamford (Nick Boles) a few minutes in which to respond, if he wishes to do so.
It is rare for a Private Member’s Bill Friday to be one of the most memorable occasions in the House, but the debate that took place in 2015 on a private Member’s Bill on this subject was one of the most memorable during my time in the House thus far. It was a crowded House; the speeches were many and of an exceptionally high quality; and the Division saw an exceptionally large number of Members voting on a Private Member’s Bill. It was an example of the House at its best, debating a deeply emotive issue of huge significance in a dignified, informed and passionate but also respectful manner. The same is true of today’s debate, which it is a privilege to wind up on behalf of Her Majesty’s Government.
I have been contacted by a number of constituents with different views on this subject, as, I am sure, have many other Members. They have asked me to attend the debate and to speak in it. I had to say to them that while, as a Minister, I would endeavour to attend, I would not be able to speak; but, having been nominated by the Government to respond, I can now say that it is a privilege to do so.
I congratulate the hon. Member for Grantham and Stamford on securing the debate. Indeed, I congratulate all 26 Members who have spoken, including the shadow Minister, the hon. Member for Bradford East (Imran Hussain). I will turn to their individual comments shortly, but all spoke with sincerity and from the heart.
Since that 2015 debate, legal and other developments and campaigns have served to keep this issue very much in the public eye. In respect of campaigners in the House, it behoves me to mention one of my hon. Friends who, by virtue of his ministerial office, can no longer campaign and speak about the issue. My hon. Friend the Member for North West Hampshire (Kit Malthouse) did a great deal in this regard before becoming a Minister. We have seen various opinion polls and media coverage, most recently on Radio 4’s “Today” programme, focused on this issue.
The Government’s position remains that any changes to the law in this area remain an issue of conscience for individual Members of this House, and it is right that this is so given the strength of the deeply and sincerely held views on both sides of this debate. It remains a matter for this House to decide, not the Government, but a Government must implement and work with whatever this Parliament and future Parliaments decide. In the recent lectures by Lord Sumption, which a number of Members have alluded to, he touched on this issue, and while it is important that the courts should, and do, interpret the law, Parliament cannot and should not seek to avoid or outsource decisions on such profound moral questions to them. It is for this Parliament to debate and to determine the law in this area.
As I mentioned, powerful and moving arguments are put by both sides, and we have heard many of them today. Those speeches whether in favour of or opposing a change in the law were equally motivated by compassion and a sense of humanity. Those who oppose changes to the current framework do so from the basis of profoundly held views about the sanctity of human life and about the position a change could place medical professionals in, and because they have genuinely held concerns about whether vulnerable people, or people with a serious and terminal illness who are at their lowest ebb, may feel pressure, real or imagined, to take such a step, and they fear that no safeguards, however well-designed, could adequately protect against this.
We heard very powerful speeches from my hon. Friends the Members for Cleethorpes (Martin Vickers), for Congleton (Fiona Bruce) and for Worthing West (Sir Peter Bottomley) and the hon. Members for Heywood and Middleton (Liz McInnes) and for Strangford (Jim Shannon), and although the hon. Member for West Ham (Lyn Brown) did not make a speech, she intervened on a number of occasions powerfully and movingly.
Those who advocate change again do so on the basis of sincerely held and equally strong views. No one can fail to be deeply moved by the situations in individual cases described by people as they set out the terrible choices they and their loved ones faced, and in that context, I pay tribute to the dignity shown by Ann Whaley in her campaigning on this issue, reflecting her situation and that of her husband, Geoffrey, which I know has deeply moved Members of this House and, indeed, those outside this place.
I would like to recognise those across the country who have campaigned, including a number of my constituents—for example, those in the Leicestershire and Rutland Dignity in Dying group. They have contacted me, as I am sure different groups and individuals will have contacted other Members or even come to see them to set out with conviction, sincerity and always courtesy their reasons for wishing to see this House reflect on the law and consider changing it. They wish to see the law changed to allow those who are terminally ill and in great pain, and who have the ability to make such a decision, to decide what they wish to do with their own body and life and their right to have a choice in ending that life with dignity, and with assistance if they need it, without fear for them or their loved ones. They have set out, as I said, their case with equal dignity, and I pay tribute to them all now.
I turn to the Members who spoke very powerfully in support of changes in this space, and I pick out to start with of course my hon. Friend the Member for Grantham and Stamford, who spoke deeply movingly and, I know, on a very personal basis. He asked a very specific point about a call for evidence. I know that he has recently met and spoken to my right hon. Friend the Secretary of State for Justice, where he put, with typical eloquence and persuasiveness, his case. I know that my right hon. Friend the Secretary of State is reflecting carefully on the case that the hon. Gentleman put to him.
Other hon. Members spoke movingly from a personal perspective in arguing for a change. The hon. Member for Sheffield Central (Paul Blomfield) spoke with incredible dignity and courage in sharing his very personal story with us and those beyond this place, and he did it because he believed that that was the right thing to do to advance this debate. I pay tribute to him. I also pay tribute to my hon. Friend the Member for Eddisbury (Antoinette Sandbach) and the hon. Members for Gower (Tonia Antoniazzi) and for Edinburgh West (Christine Jardine) for their very personal stories, and to the right hon. Member for Twickenham (Sir Vince Cable) for his willingness to share a very personal story reflecting his position. I would say to him that, whatever view one takes on this issue or others, the willingness to change one’s mind is a sign of strength and never of weakness.
I will reference other hon. Members, but I will not go into what they said, owing to pressure of time. They are my hon. Friends the Members for Shrewsbury and Atcham (Daniel Kawczynski) and for Reigate (Crispin Blunt), the hon. Member for Swansea East (Carolyn Harris), the right hon. Member for North Norfolk (Norman Lamb) and the hon. Members for Hammersmith (Andy Slaughter), for Birmingham, Selly Oak (Steve McCabe), for Bristol South (Karin Smyth), for Poplar and Limehouse (Jim Fitzpatrick), for Manchester, Withington (Jeff Smith) and for Brentford and Isleworth (Ruth Cadbury). I think that I have referenced every right hon. and hon. Member who has spoken. They all spoke with passion, with clarity and with a true sense of the tone in which we would wish the House to conduct this debate. I pay tribute to them all.
This has been a humbling debate to listen to and to have the opportunity to wind up. The views on both sides of the debate have been reflected with eloquence and dignity in the House. This Parliament has a responsibility to the people we represent. It has a responsibility to deliberate on behalf of our nation on the most difficult questions that we consider, and this is certainly among them. It is right that the House continues to do this, and I believe that the tone and content of this debate reflect how those who send us to this place would wish us to conduct ourselves.
Children’s Funeral Fund
Edward Argar Excerpts(5 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Edward Argar)
I am pleased to announce that today the Social Fund (Children’s Funeral Fund for England) Regulations 2019 are being laid before the House. It is the Government’s intention that these regulations will come into effect on the 23 July.
The laying of these regulations fulfils the Prime Minister’s commitment to establish the children’s funeral fund for England (the “CFF”).
No parent should ever have to endure the unbearable loss of a child. Whilst recognising that nothing can ever truly heal the pain of such a loss, it is right that the Government ensure that all families who lose a child are given the support they need.
Under the CFF, bereaved families will no longer have to meet the fees charged for a cremation or burial of a child under the age of 18. Rather, they will now be able to access this provision for free at the point of need, with the costs being met by Government funding and providers applying to the CFF for reimbursement. As a further gesture of this Government’s commitment to supporting bereaved people, families in England will also be provided with a contribution of up to £300 towards the price of a coffin (or shroud or casket, where preferred), and will meet other specified expenses.
The CFF marks a key milestone in the delivery of the Government’s manifesto commitment to provide bereaved parents with the support they need. Its provision will be universal, available to all bereaved parents in England who have lost a child regardless of their means. It is also intended to complement other measures such as the Parental Bereavement (Leave and Pay) Act 2018, which received Royal Assent last September and is expected to apply from April 2020.
We have worked closely across government to ensure that the CFF is compatible with other relevant measures and will continue to work with devolved Administrations to ensure co-ordination with their own equivalent schemes. In particular, I have worked closely with the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Colchester (Will Quince), and officials in the Department for Work and Pensions in order to ensure the CFF’s compatibility with the social fund funeral expenses payment scheme.
In developing the CFF, we have engaged with a range of interested parties from across the funeral services sector, whose insight and expertise continue to be invaluable to ensuring the successful implementation of the CFF. I am also grateful for the continued support offered to bereaved families by the wider funeral industry. I hope that the CFF will be a welcome addition to the existing free provision which is already made available for families who have suffered the loss of a child.
In conclusion, I would like to pay tribute to the tireless work of the hon. Member for Swansea East (Carolyn Harris) for bringing this important issue to the Government’s attention. Drawing on her own experience, she has led a courageous campaign to secure this additional support for all those families who, tragically, face the burden of losing a child. As the Prime Minister has said, it is in memory of the hon. Lady’s own son, Martin, that the CFF is being established.
[HCWS1681]
Female Offender Strategy
Edward Argar Excerpts(5 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Edward Argar)
Today marks the first anniversary of the publication of the Government’s female offender strategy. With its roots in Baroness Corston’s seminal review of vulnerable women in the justice system in 2007, our strategy set out plans to improve outcomes for women at all points of the justice system, based on our vision to see:
Fewer women coming into the criminal justice system;
fewer women in custody, especially on short-term sentences, and a greater proportion of women managed in the community successfully; and
better conditions for those in custody.
Female offenders can be amongst the most vulnerable in society, in both the prevalence and complexity of their needs. Many experience chaotic lifestyles involving substance misuse, mental health problems, homelessness and offending behaviour, which are often the product of a life of abuse and trauma.
Frequently, women in custody are sentenced for non-violent, low level but persistent offences, often for short periods of time. If we take the right approach to female offenders, one that addresses their vulnerability, follows the evidence about what works in supporting them to turn their lives around, and treats them as individuals of value, it could have substantial benefits for victims, families, and offenders themselves. The strategy launched a programme of work that will take some years to deliver. On this first anniversary, I should like to celebrate the improvements that are already taking place, including on our key commitments below:
We published, last December, a new policy framework for prison and probation staff working with women. This sets out duties, rules and general guidance for staff, and includes accompanying guidance covering a range of issues, such as “caring for perinatal women in prison”.
Lord Farmer’s review for women, commissioned by the strategy, was published on 18 June. I am immensely grateful to Lord Farmer for undertaking this review, which looks at how supporting female offenders in custody and community to engage with their families can lower recidivism, aid rehabilitation and assist in addressing the issues of intergenerational crime. We will look closely at how we can best give effect to Lord Farmer’s findings and recommendations.
We committed to develop a “residential women’s centre” pilot in at least five sites across England and Wales, offering a robust alternative to short custodial sentences. We have recently concluded our first phase of consultation with local voluntary and statutory agencies, partners and providers from a range of backgrounds and specialisms across England and Wales to inform the scoping of this project. We will continue to consult with partners as we refine the design and delivery of the pilot.
Our strategy recognises the valuable role that sustainable community services, such as women’s centres, can play in supporting vulnerable women to turn their lives around. We have invested £5 million in community services for women in 2018-19 and 2019-20. This funding is helping to sustain and enhance existing services, as well as supporting the development of new services in areas without provision. I am looking at opportunities to further increase sustainability of this sector, and would like to see agencies coming together to provide much needed multi-year funding.
Partnership working is a key theme of our strategy, and yesterday we held a major conference to promote multi-agency, whole system approaches (WSA) for local agencies including health, police and crime commissioners and local authorities, to provide them with tools and information to enable them to develop a WSA in their local areas. We are working with other Government Departments, stakeholders and local justice, statutory and voluntary agencies, to develop and publish a national concordat on female offenders by autumn 2019. This will facilitate better joined up working and collaboration at both national and local level to improve outcomes for female offenders.
Work is under way to improve outcomes for female offenders and women at risk of offending across the justice system, aimed at taking a gender and trauma informed approach to female offenders, such as trialling a new checklist for pre-sentence reports on women, to ensure that sentencers receive high quality advice addressing all relevant issues, including details of dependent children, and a new training package, POWER, so that staff working with female offenders have the skills and knowledge they need.
I am grateful to those parliamentarians who continue to take a close interest in this work. I would also pay tribute to the members of the advisory board on female offenders, who provide invaluable advice and challenge on implementation of the strategy’s aims. Together, we can make a real and lasting improvement for these often vulnerable women, and their families.
The female offender strategy is available at: https://www.gov.uk/government/publications/female-offender-strategy
[HCWS1662]
Draft Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2019
Edward Argar Excerpts(5 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Justice (Edward Argar)
I beg to move,
That the Committee has considered the draft Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2019.
I am grateful for the opportunity to debate the draft order, which was laid before Parliament on 16 May 2019. It is made under section 104 of the Scotland Act 1998, which allows for legislative provision
“necessary or expedient in consequence of…any Act of the Scottish Parliament”.
In this case, a provision is required in consequence of the Victims and Witnesses (Scotland) Act 2014. We are introducing the draft order at the request of the Scottish Government.
Through the 2014 Act, the Scottish Government sought to put victims and witnesses at the heart of the justice system and improve the information and support available to them. The Act made provision for the creation of a new Scottish victim surcharge to be imposed on offenders in certain cases, which will be set out in forthcoming Scottish Government regulations under the Act. The surcharge will be collected by the Scottish Courts and Tribunals Service, which currently collects court fines; the money collected will be transferred to the victim surcharge fund, which will be held and managed by the Scottish Government to provide support to victims of crime.
The order will amend section 24 of the Criminal Justice Act 1991, which gives the Secretary of State the power to introduce a process whereby courts can apply for a deduction from an offender’s benefits to pay for a fine or compensation order. That power has been in place for the victim surcharge in England and Wales since 2007, but as a reserved power it does not currently extend to the new Scottish surcharge.
By amending section 24 of the 1991 Act, the order will enable the Scottish victim surcharge to be regarded as a fine for the purposes of the legislation underpinning the deductions from benefits regime, as is already the case in England and Wales. It will facilitate recovery of the surcharge via deduction from an offender’s benefits, bringing Scotland in line with the powers in England and Wales and ensuring effective operation of the Scottish victim surcharge. It will therefore increase the funds available for providing support to victims of crime in Scotland.
The territorial extent and application of the order is England, Wales and Scotland. Application in England, Wales and Scotland is required because the courts in Scotland will need to be able to make the deduction from benefits order, and the agencies in England, Wales or Scotland may need to carry out the relevant processes to ensure that those deductions are made. That will also provide for offenders who move from Scotland to England or Wales after conviction, or who reside in England or Wales but committed the offence in Scotland and were therefore tried by a Scottish court.
The UK Government and the Scottish Government have worked closely together to ensure that the order will make the necessary amendments in consequence of the 2014 Act. The order demonstrates that the UK Government remain committed to strengthening the devolution settlement and shows Scotland’s two Governments working together. As I have indicated, it is necessary, and I hope that the Committee will agree that its practical result is to be welcomed. I commend it to the Committee.
Edward Argar
I thank the shadow Minister and the hon. Member for Glasgow South West for their contributions to the debate this afternoon. As we have set out, this order facilitates the recovery of the Scottish victim surcharge by deductions from offenders’ benefits in appropriate cases.
I will address some of the points made, primarily those made by the shadow Minister. First, I thank the hon. Member for Glasgow South West for the tone of his comments, the co-operation between our two Governments and our constructive relationship with the Government in Holyrood. To answer one of the shadow Minister’s points, there has been extensive correspondence and work together on this at both the ministerial and official levels.
The discussions and close working will continue as the Scottish Government makes appropriate decisions on the form and roll-out of the victim surcharge, so there will continue to be close interaction between the England and Wales scheme and the Scottish Government to ensure effective communication and that the two schemes are commensurate. I sense that the shadow Minister may wish to intervene on that point.
Mr Sweeney
I thank the Minister for his clarity about the discussions that have taken place. However, it is clear that the DWP has an obligation to ensure that it takes a holistic overview of a claimant’s circumstances, and to allow the claimant to negotiate the rate of the reduction to ensure that they are not placed in unnecessary and draconian financial hardship, which can surely only drive the negative behaviours that might precipitate crime in the first place. It could end up becoming a vicious cycle, and it is surely important that we safeguard against that.
Edward Argar
I am grateful for the intervention; I will come on to the affordability point, which covers a number of the points that the shadow Minister raised, in a moment.
At a higher level, we must recognise that this is an important and positive measure. I believe that it is a reflection of the fact that society deems it right that those who commit crime also make a contribution to the victims of crime as recompense. I think that point was alluded to by my friend the Member for the The Cotswolds—I think he is right honourable, but if he is not, he should be. Like the shadow Minister, he spoke about affordability.
On the affordability point, payment should be set at a level that is manageable for offenders. The victim surcharge will not be a standalone charge; at the outset it will be linked to fines and, as the shadow Minister mentioned, when the court applies for deductions from benefits it must inquire about the offender’s means. The DWP also applies an ability to pay test when considering deductions from benefits and will consider the recovery of the whole monetary amount, inclusive of the fine and surcharge, in that context when applying that test.
An offender will be able to appeal the decision of the Secretary of State on the level of deductions from benefits, so there are measures in place to ensure that deductions are affordable. In this context, I also highlight the Criminal Procedure (Scotland) Act 1995, which states that the court must take into account the means of an offender to pay when setting a fine. Given that this order places the surcharge in the context of a fine and defines it as such, that would be applicable, so there is that consideration.
On the imposition of the surcharge and appeals, notwithstanding the point about the Secretary of State, the imposition of a victim surcharge itself cannot be directly appealed, but an offender can appeal the fine that the victim surcharge would be attached to and, if they are successful and the amount of the fine is reduced, the surcharge would consequently reflect the new level of fine. If the court decides to quash the decision to impose a fine and substitutes something else, such as a community sentence or another form of punishment, the victim surcharge will fall at that stage, as it is only imposed with a fine and in the context of the overall affordability or means of the offender to pay consideration or test, which I mentioned. I will be fair to the Committee: that can change in the future, but I have set out the position as it is.
The other point that the shadow Minister raised was about the implementation of the scheme and its operation. I suspect that he knew the answer when he asked the question, because he wanted to make his point: the operation of the scheme is, of course, for the Scottish Government to set out in due course. Today’s order, and the purpose of the Committee, is to devolve in a procedural, regulatory way the specific power relating to the ability to deduct from benefits, given its reserved nature. In a sense, what we are doing today is considering a technical enabling order, which will allow the Scottish Government to use that power. They will define the scheme and how it operates within the Scottish context in Holyrood.
I think I have addressed the main points raised by the shadow Minister, by my hon. Friend the Member for The Cotswolds and by the Scottish National party spokesman, and therefore I commend the order to the Committee.
Question put and agreed to.
Child Imprisonment
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The Parliamentary Under-Secretary of State for Justice (Edward Argar)
I thank the hon. Member for South Shields (Mrs Lewell-Buck) for securing a debate on this important subject. I know of her commitment to pursuing the subject and ensuring that it continues to be spoken about in this House, and rightly so.
Depriving a child of their liberty is an action that should be undertaken only as a last resort. It is not a responsibility that any state ever takes lightly. All parties would accept their responsibility for our youth justice system and this area, having served in government. I draw a slight distinction for the hon. and learned Member for Edinburgh South West (Joanna Cherry), although one place I hope to visit—I am always happy to learn from the Scottish experience where possible—is HMYOI Polmont, which would be interesting as a comparator for how the English and Welsh system operates.
I am deeply committed to improving outcomes for children who offend. As all speakers have set out, children who enter the youth justice system are some of the most vulnerable in our society and are disproportionately represented in other at-risk groups with multiple and complex needs. It will not surprise my shadow, the hon. Member for Bradford East (Imran Hussain), to know that I take issue with a number of his points, but I share his view. He set out eloquently the characteristics and context for that cohort of young people who end up in custody. For instance, of 555 children surveyed in YOIs in 2017-18, 16% considered themselves to have a disability, 30% reported emotional or mental health problems, and 45% had been, at some point, in local authority care. It is a key priority for me and this Government to ensure that such children receive the support and interventions they need to fulfil their potential and live a crime-free and constructive life.
The principal aim of our youth justice system, and indeed our justice system, must be to protect society. I argue that we do that most effectively by breaking the cycle of reoffending and enabling effective rehabilitation. To deliver a youth justice system that understands and addresses the underlying causes of offending—a range of bases and other factors, and past trauma buried somewhere in that young person, which the shadow Minister was right to allude to—must be key. We can then ensure that every child has the opportunity to turn their life around and move on from their previous offending behaviour.
I am grateful to the right hon. Member for Twickenham (Sir Vince Cable). It is always a pleasure to hear the leader of the Liberal Democrats speak in Westminster Hall, and although I am not sure that my institutional memory is as long as his, he rightly highlighted the context and stated where we have come from. Colleagues who are Members of the House for long enough so often see the same initiatives and ideas come round for a second time—I am not suggesting that the right hon. Gentleman has been here for that long, but he makes a valid point.
We have seen considerable successes in the youth justice system over the past decade and, as has been said, there has been a reduction of nearly 90% in children entering the system for the first time, from just under 100,000 in 2007-08 to around 14,400 in 2017-18. The total number of children receiving a caution or sentence has decreased by 82% from around 146,500 in 2007-08, to around 26,700 in 2017-18. Importantly, we have seen an unprecedented reduction in the number of children in custody, which has reduced by nearly 70% from a monthly average of around 2,900 in 2007-08, to just under 900—it is often lower—in 2017-18.
I will return to those statistics, but one issue raised by a number of right hon. and hon. Members was disproportionality. The justice system must uphold the principles of equality and fairness for all, and in 2017-18 BAME children made up 45% of the youth custody population on average. I am committed to reducing disproportionate outcomes for BAME children in the system, and I share the concerns voiced by the right hon. Member for Tottenham (Mr Lammy) in his 2017 report. Since my appointment almost exactly a year ago, I have worked closely with him. He has been constructive and has welcomed the significant progress in implementing his reforms. It will not surprise hon. Members, however, to hear that he is always clear that he thinks we need to do more and do it faster, but I put on record my gratitude to him for his engagement.
We recognise the need for systemic change, and the principle underpinning that approach is the “explain or change” system. On occasions, there may be a rational and reasonable explanation for something, and we can furnish that where appropriate. If we cannot explain, we should look to make changes that address disproportionate outcomes for BAME children in the justice system. The shadow Minister may be aware that I met his colleague, the hon. Member for Bolton South East (Yasmin Qureshi), to discuss that and the work being done on it, and I am grateful to her for the constructive nature of those discussions.
When a crime has been committed, we have a duty to consider the needs and background of the perpetrator, but also those of the victim and wider community. As such, it is right that courts have the powers they need to sentence children appropriately. With the exception of the hon. Member for South Shields, I note that no one called for the abolition of imprisonment in this context, and I will come on to speak about what should be defined as an appropriate custodial setting. As is her wont as Queen’s Counsel, the hon. and learned Member for Edinburgh South West chose her words exceptionally carefully when referring to custodial settings, and it is an important point.
Joanna Cherry
Does the Minister think that it would be beneficial for the system in England and Wales to follow the lead of Scotland in limiting and doing away with short-term sentences as far as possible? That has worked for adults across the system in Scotland, and reduced reoffending. I know it has been looked at by the Government, but does the Minister accept it is a good idea?
Edward Argar
The hon. and learned Lady gently tempts me. She will be aware of the clear statement that I, the Secretary of State and others have made about the effectiveness or otherwise of short sentences. I have often said that a short sentence can be long enough to disrupt family life, education, relationships and home, but too short for any meaningful attempt to grapple with the underlying problems and needs of an offender. There is a particular challenge for young people under 18, because there is already a significant presumption against custody, which must be a last resort.
The offences that attract a custodial sentence—I leave this as a reflection on the nature of the cohort of young people who are in prison—include the possession of an article with a blade or point, common assault and battery, possession of other weapons, robbery, burglary in a dwelling, assault, and actual bodily harm. Those offenders make up the bulk of those sentenced to custody, including with short sentences, and I think that many in this House and beyond would still consider such offences very serious. The hon. and learned Lady will be aware that the Secretary of State set out his intention to bring forward proposals for discussion and consultation on how we approach short sentences, and I suspect that if she is patient, she may see that develop further in the coming weeks.
Joanna Cherry
Is the Minister aware of the success of the violence reduction unit in Scotland, and the diversionary schemes that take a holistic approach to knife crime? Those have succeeded in hugely reducing knife crime in Scotland, particularly among young men, not by locking them away but by taking a holistic approach to the problem. Surely that approach should also be followed south of the border.
Edward Argar
I enjoy taking interventions from the hon. and learned Lady, and although I am always somewhat nervous about what may be coming in my direction, she was kind in that last intervention. She rightly highlights the experience in Scotland. We are aware of that, and I take a close interest in it. The debate on the efficacy and future of short sentences is alive, and I am sure that she and other hon. Members will participate in it.
The youth justice system offers courts and other decision makers a range of flexible sentences that can be used to address a child’s behaviour and offending. Those range from informal diversions to cautions, community sentences and custody for the most serious offences. The Government believe that there will always be some children for whom custody may be the appropriate and necessary sentence, but we are equally clear that it should always be a last resort, and for a period of time in line with the seriousness of the offence.
In 2018, 26 sentences were given to children for murder—by “children”, I mean those under 18 who fall into the care of the youth justice system, for which I am responsible—and 44 for wounding with intent to cause grievous bodily harm. In 2017-18, 32% of custodial sentences given to children were for violence against the person and possession of weapons—that goes back to the offences I mentioned earlier. Notwithstanding the point made by the hon. and learned Lady, we believe that those offences involve significant public protection concerns that must also be carefully considered in any future approach.
The age of criminal responsibility in England and Wales is 10. Custodial sentences are available for children from that age, although their use is restricted, and the courts have a statutory duty to consider a child’s welfare during sentencing. Children under 12 will only ever receive a custodial sentence for the most serious offences where neither a community sentence or fine can be justified. Furthermore, we recognise that needs can differ among different age groups, and the sentencing guidelines reflect that. For example, detention and training orders are not available for under-12s, and can only be given to children aged 12 to 14 if they are considered to be persistent offenders. Returning to the definition of “child”, about 95% of those who receive a custodial sentence are 16 and 17-year-olds.[Official Report, 11 July 2019, Vol. 663, c. 3MC.] That is still a small number. I take the underlying point that the hon. Member for South Shields is making, but we should be clear about the age that is predominantly reflected in those who receive custodial sentences.
It is also clear that custody is used sparingly. Although proportions of sentence types have remained stable, the overall numbers are much lower than they were 10 years ago. For example, in 2017-18, just under 1,600 immediate custodial sentences were given to children, in comparison with about 15,500 community sentences. The proportions were 7% and 68%. In 2007-08, there were nearly 5,800 immediate custodial sentences, but the proportions were 6% and 68%, so they have been relatively consistent.
I am clear that custody needs to be in the right environment to rehabilitate children, which goes to the shadow Minister’s point. I have never shied away from the fact that, as I said in my evidence to the Joint Committee on Human Rights, in many cases we are not delivering the best outcomes for children. That is why we are committed to reforming youth custody and ensuring it is a place of safety and learning that is able to rehabilitate the young people who need to be there.
As the hon. Lady and the shadow Minister said, HMIP inspections of YOIs have identified safety and purposeful activity as key areas for improvement. The shadow Minister referred to what the chief inspector of prisons said in 2017-18. He is a decent chap, and I know that he would want to be clear for the record that the Chief Inspector of Prisons subsequently moved away from that and does not maintain that there are no safe institutions. However, he was right to highlight what was said at the time. We have taken several steps to address these issues and in 2017, following that, we began a comprehensive reform programme to ensure that the services provided in custody are aligned with the increasingly complex needs of the children in our care.
Since 2017, the number of operational frontline staff in the YCS has increased by almost 40%. We have recruited more psychologists, healthcare staff and frontline officers, who are being appropriately trained in mental health and trauma-informed approaches. Earlier this year, the YCS began implementing a new evidence-based behaviour management strategy and integrated care framework, and we have built two new enhanced support units for those with the most challenging needs. We are also working with education providers and devolving additional funding to commission more educational, vocational and enrichment activities.
The ability to work with children displaying complex needs requires a very specific, very important set of skills. We are therefore also investing to improve the quality of our staff training. We have introduced a new youth justice specialist role tied to a foundation degree in youth justice to teach the latest in effective practice in youth work and rehabilitation. More than 400 staff have enrolled so far, and we are aiming for every prison officer in the YCS to have undertaken that training by 2023.
There will always be a need for a degree of security and a form of custodial setting. Alongside improving the existing estate, we are changing the fundamental approach. Last year, we announced the creation of the country’s first secure school, to be developed in Medway in Kent, which the hon. Member for South Shields referred to. I have huge respect for her, but respectfully disagree. I believe that secure schools are the right way to proceed to ensure we move away from the concept of a prison with education to that of a school—an educational setting—with a degree of security. I believe that that strikes the right balance.
Mrs Lewell-Buck
Does the Minister appreciate that that is what secure training centres were intended to be at their inception almost 20 years ago, and that it has not worked? The Government are going down the same track with the secure schools model.
Edward Argar
I would argue that secure schools are not a rerun of secure training centres. The Government recognise that there is a need for a secure custodial setting as part of the youth justice system, but we believe that education should be to the fore. The hon. Lady will have seen that, unlike for secure training centres, we are looking to education providers, rather than to established organisations dealing with custody and security, to run secure schools. We are very clear that, with the investment we are proposing, we can redesign and improve the Medway facility, achieving value for money for the taxpayer and adopting a different culture and approach in that setting.
Mrs Lewell-Buck
I am conscious that the Minister is coming to the end of his comments. One of the key questions I asked was this: what is the timetable for phasing out YOIs and secure training centres, as the Government promised in 2016?
Edward Argar
We have made it clear that we will open Medway as the first secure school, with a second one to follow. However, we wish to assess at each stage how well the system is working, how effective it is, and whether any improvements are needed along the way, so it would be wrong to set a date for a full and complete replacement and roll-out. The hon. Lady would not expect me to do that without testing the new model to ensure it adapts to reflect the experience, as it is completely different from the secure training centres. As I said earlier, all Governments must accept their share of responsibility for the system today. In a moment, I will address the questions that the shadow Minister asked.
We will give the leaders of secure schools freedom and autonomy, similar to the freedom enjoyed by headteachers, to create relationships, care and practice centred around the needs of the children. This new model of youth custody draws on the ethos and practice of schools, with the structure and support of the secure children’s home model. I look forward to announcing the provider of the first one at Medway very shortly.
Despite the successes, children leaving custody are the most likely to reoffend in the whole criminal justice system. Reoffending rates are far too high for children sentenced to custody for six months or less. That relates to the points made by the hon. and learned Member for Edinburgh South West. We believe that short periods in custody can have a negative impact on a child’s rehabilitation. It can disrupt family relationships which, as the second Farmer review showed, can be fundamental to supporting rehabilitation and reducing future offending.
The Secretary of State for Justice set out in oral questions earlier this month the persuasive evidence that short custodial sentences do not work, and that community sentences can be more effective in reducing reoffending and keeping the public safe. I know that Members of all parties share that view, and I hope we will continue to see progress.
Let me turn to some of the questions that hon. Members asked. The hon. and learned Member for Edinburgh South West talked about the need for young people entering custody to be placed as near to their home as possible. She is right that, occasionally, there are needs that mean that that cannot happen. In cases where there has been gang-related violence or serious youth violence, there may be a genuine need to separate some young people in the custodial estate. She is right that that goes to the heart of maintaining family and other relationships.
It is always a pleasure to be cross-examined by the hon. and learned Lady and, indeed, by the whole of the Joint Committee on Human Rights. I have read its report carefully, and I will be responding to it on behalf of Her Majesty’s Government very shortly. I can speak only for this Government. I do not know whether I will still be a Minister in five weeks’ time, but I can speak as one today. We will be responding very shortly.
The hon. and learned Lady mentioned the Taylor review recommendation about children’s panels. That is certainly an interesting idea. The principles underpinning it—understanding and addressing the root causes of offending—are absolutely valid and the right ones to look at in the context of the youth justice system. However, to implement the idea exactly as suggested would, to my mind, represent a significant change to the approach in this country, which still puts a judge, or a sentencer, at the heart of sentencing. As she will have seen from our response, we did not accept that recommendation, because we recognised the broader impact it would have on how our justice system operates.
The shadow Minister, and possibly also the hon. Member for South Shields, mentioned doctors’ access to patients. Doctors can always access patients directly where there is a medical need and the doctor makes that medical judgment.
The hon. Lady and the shadow Minister mentioned restraint. The training around restraint is very clear: it points to de-escalation, and the non-use of restraint is the priority. The training is there to provide officers with the skills to use. On pain-inducing techniques and restraint more broadly, as both hon. Members alluded to, the Taylor review has been under way for a while. One hon. Member—I think it was the shadow Minister, but it may have been the hon. Lady—asked when we can expect that review to be published. I will not comment before it is published, but we have said that we anticipate it will be published by the summer. I look forward to being able to do that and respond in due course, if I am still in this post.
Mrs Lewell-Buck
The Minister is being generous with his time. He seemed to indicate that pain-inducing restraint was used only for de-escalation. He will have heard from my opening comments that there is testimony from children saying quite the opposite. This is causing children pain. Has he seen the MMPR? Is he confident that it is not causing children harm? Would he want it used on any of the children he knows?
Edward Argar
The point I was making—forgive me if I was unclear—is that the training given to officers emphasises de-escalation as the key and the first step to be taken. It is only when there is no alternative that there is escalating use of different techniques. However, the hon. Lady made her point very clearly. As I said, I will wait until I have seen the Taylor review and we are able to publish it. I suspect that this issue will return to the Chamber in some form at that point.
A number of right hon. and hon. Members, particularly the shadow Minister, raised removal from association. We are clear that that would not be defined as isolation, not least because there is meaningful human contact with officers, medical professionals and, indeed, education professionals, who throughout any period of removal from association bring learning activities to an individual’s cell and work with them. There is no removal of meaningful human contact for the entirety of that period. There is human contact, but the shadow Minister is right that there is a definitional point to be considered. We discussed legal definitions and their different interpretations at length in the Joint Committee on Human Rights. He understandably elevated his point by saying that although we can argue about definitions, he has concerns about numbers and the operation of removal from association.
The shadow Minister also mentioned the assault rate, the segregation rate and a whole range of other factors. I urge a degree of caution with respect to statistics expressed as numbers per 100. I mentioned in my testimony to the Joint Committee that, as the numbers go down, it is largely only those who have committed very serious, often violent offences who are sentenced to custody. They are a very concentrated cohort. As the shadow Minister alluded to, they are challenging and challenged individuals in terms of their backgrounds and experiences, but they are a much more concentrated group who are much more prone to violent offences than previously. That is a challenge. It does not necessarily negate his point, but I wanted to put a bit of context around the statistics and how they are interpreted.
The shadow Minister mentioned budgets and funding. He is a fair and decent man, so I know he would recognise the role played in the financial situation by the previous Labour Government’s mismanagement of the national finances.
This has been a very important debate. We need to think differently about how we deal with children who offend. We must ensure that we place at the heart of the system the need to break the cycle of reoffending before those young people become adults, and we must understand the trauma they have often experienced, which may well be a driving factor in their offending behaviour. The courts should have available to them a wide range of sentencing options for all those who are at the age of criminal responsibility, to ensure that we adequately address children’s offending behaviour. Sometimes, as a last resort, that may warrant a custodial sentence.
I am clear that the term “under 18” encompasses children at many different stages of development, so a different type of sentence, cognisant of the individual circumstances of the person, will be necessary in each case. However, I am also clear that custody should be available as a sentencing option in only the most serious cases. The youth secure estate requires real reform to ensure that custody, where it is used, is used effectively. I will bear very much in mind the comment by the right hon. Member for Twickenham about remembering my history and where we have been before in seeking to ensure that any future change is meaningful and achieves the results we would all wish for.
Let me conclude by thanking you, Mr Hosie, for your chairmanship. I thank all those who contributed, and I thank the hon. Member for South Shields for bringing this important debate to the Chamber.
Female Offenders
Edward Argar Excerpts(5 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Justice (Edward Argar)
Today, I am publishing the Farmer review, which was commissioned as part of our female offender strategy in June 2018.
This work builds on Lord Farmer’s 2017 review of family ties for male prisoners, which concluded that good relationships are vital to reducing reoffending. For women, relationships are the most significant factor to impact directly on the likelihood of reoffending. More so than men, women in the justice system are in relationships that are abusive and/or criminogenic, and therefore supporting female offenders to strengthen and develop relationships is not straight forward.
We also know that women are more likely to be primary carers than men when entering the criminal justice system. Whereas children of male prisoners will often remain at home with their mother, children frequently have to leave their home when mothers go into custody. This tells us that incarceration of women disproportionately impacts families and children, and could increase the risk of intergenerational offending.
This is why I am immensely grateful to Lord Farmer for undertaking this important review.
Building on his original review, this review looks at his earlier recommendations through the lens of the needs of female offenders, including the distinct complexities in their relationships.
The Farmer review for women investigates how supporting female offenders to engage with their families can lower recidivism, aid rehabilitation and assist in addressing the issues of intergenerational crime. It does this by looking across the whole system—not just within prison—following the vision of our strategy to support women and improve outcomes for them at all points of the justice system.
The review finds that there is a lack of information on the personal circumstances of women, including of dependent children, which poses a fundamental barrier to supporting women to maintain those relationships. It draws practical proposals to help women communicate better with their family and dependents when at court and in custody, as well as proposing how prisons can better facilitate more frequent, safe, and private family visits.
In line with our strategy, the review represents a preference for women to be managed, and to manage their own relationships safely, in the community where possible.
The review can be found online at: https://www.gov.uk/government/publications/farmer-review-for-women
I am pleased to welcome this report and to share my commitment to take forward this important area of work. We will look closely at the findings and recommendations from Lord Farmer’s review for women and how we can best give effect to these in both the short and longer term.
In doing so, my Department will build on the good work we have been taking forward following Lord Farmer’s original review. My officials will also work closely with other agencies, partners and Government Departments to ensure the importance of strengthening family and relational ties for female offenders and their children is reflected across the criminal justice system.
[HCWS1631]
Oral Answers to Questions
Edward Argar Excerpts(5 years, 6 months ago)
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Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Parliamentary Under-Secretary of State for Justice (Edward Argar)
If material comes to light that, on the face of it, might cast doubt on the safety of a conviction, the police and prosecuting authorities should disclose it, and where it is alleged that such material may exist, they should co-operate in making further inquiries if there appears to be a real prospect that they will uncover something of real value. Failing that, the function of the independent Criminal Cases Review Commission is to investigate possible miscarriages of justice. Access to information about the cases they investigate is integral to their work, and they have substantial legal powers to secure the disclosure they require.
Mr Sheerman
The Minister will know that I welcome part of what he said warmly, but as co-chair of the all-party parliamentary group on miscarriages of justice, I know that in order to challenge a conviction, access to pre-conviction material from the police and the prosecution is very valuable. Most advanced countries have a proper system that makes it much more possible to challenge an unsafe conviction. Can we have further movement on that?
Edward Argar
The hon. Gentleman rightly highlights his extensive work in this area. It has been a pleasure to meet him on a number of occasions, and I am due to do so again. As I said, there are considerable statutory powers for the CCRC, but as he knows, the commission can refer only those cases it considers to meet the statutory criteria, and there are no plans currently to review that.
John Howell (Henley) (Con)
Does the Minister agree with me that forensic science is a major area where a lack of transparency is inhibiting the review of post-sentencing disclosure?
Edward Argar
My hon. Friend is absolutely right to highlight the importance of forensic science in convictions —increasing the number of cases that go through court and result in convictions—and therefore of the role it plays in reviewing cases post-conviction. If he wishes to write to me with further details of specific issues in that context, I will be very happy to write back to him responding to those points.
Yasmin Qureshi (Bolton South East) (Lab)
Both the Charlie Taylor and the Lammy reviews recommended changes to our criminal disclosure system for young people. On each count, this Government decided that they knew better, leaving us with one of the most punitive approaches to youth justice in the western world. Now that the Government have lost their case in the Supreme Court, will they recognise that our current disclosure system for children is outdated, ineffective and cruel?
Edward Argar
My shadow is dextrous in bringing in youth justice in the context of the post-conviction disclosure regime. She is quite right to highlight the Supreme Court case and the current regime, which is something we are looking at carefully.
Mr Speaker
I think we can agree that dexterity is a very important political quality.
Douglas Ross (Moray) (Con)
The Parliamentary Under-Secretary of State for Justice (Edward Argar)
Participation in sport and physical activity in custody can have benefits for the physical and mental health of prisoners, as well as building confidence, teamwork skills, discipline and improving prospects of successful rehabilitation and resettlement in the community. We have recently published Professor Rosie Meek’s independent review of the role of sport in youth justice, and our own internal review of sport in the adult estate. Sport is an integral part of our approach to rehabilitation in prison.
Douglas Ross
I refer the House to my declaration of interest. The twinning project led by David Dein aims to take football into prisons to improve behaviour and reduce reoffending, and the Football Association referees department is now hoping to run referee courses alongside that, with Lancaster Farms Prison the first to offer the course. I know that the skills referees gain go far beyond officiating at match. Does the Minister agree that that element and the twinning project could have a very positive impact on the prisoners they work with, and will he encourage more prisons to get involved?
Edward Argar
My hon. Friend is absolutely right, and I acknowledge his interest as a qualified international referee, with skills that, on occasion, you probably put to good use in this House, Mr Speaker. I completely agree that the football twinning project, brilliantly led by David Dein, is hugely important and can have a positive effect on offenders. We have been working with FA referees to develop a bespoke referee course for prisons. Four pilot prisons have been identified to deliver this groundbreaking intervention, with the first course due to start in late summer at HMP Lancaster Farms, as my hon. Friend said. We all recognise the power of sport and we are determined to harness it.
Ellie Reeves (Lewisham West and Penge) (Lab)
Last year’s review of sport in prisons shows that reoffending rates were markedly lower among those who had participated in sports-based resettlement programmes than among those who had not, but the report noted a distinct lack of engagement in physical activity among women in prison. What steps will the Minister take to implement Professor Meek’s recommendation of a specific physical activity strategy for women, and what incentives will the Government provide to sports clubs to get involved with rehabilitation schemes?
Edward Argar
The hon. Lady is absolutely right. Our view is that sport can play a crucial role in rehabilitation and resettlement not just for male prisoners but for all prisoners, irrespective of gender. I went to see David Dein in HMP Downview, where we introduced the twinning project in a female prison for the first time, yielding fantastic results. We are very keen on the idea and are continuing to work with Jason Swettenham, the director in the Prison Service with responsibility for the project, to work within the custodial estate and with community organisations focused on engaging women in sport. They are absolutely integral to what we are trying to do.
Stephen Crabb (Preseli Pembrokeshire) (Con)
If the Minister is not already aware of it, may I encourage him to look at the eight-week programme being run at Feltham young offenders institution by the Saracens Sport Foundation, which is obviously linked to the European club rugby champions? It has helped to reduce reoffending rates among participants by more than half by using classroom sessions and mentoring and by focusing on the values of sport and what they can bring.
Edward Argar
My right hon. Friend is absolutely right. I do not know if he is a clairvoyant, but if I recall my diary correctly I am due to visit Saracens at Feltham next week.
Dr David Drew (Stroud) (Lab/Co-op)
Will the Minister broker arrangements with our primary sporting clubs—rugby, football and cricket—to make sure they have the opportunity to pair up with a prison, so that there is a relationship that can evolve over time? Does he think that is a good idea?
Edward Argar
I do think that is an excellent idea, which is exactly the principle behind the twinning project and exactly what is happening on the ground. The project is expanding to include more and more prisons. I have focused, given the nature of the question, on football, but the hon. Gentleman is right to highlight rugby, and from my perspective cricket is always a winner. He is absolutely right. The model is there with the twinning project and we want it to continue to expand.
Robert Halfon (Harlow) (Con)
The Parliamentary Under-Secretary of State for Justice (Edward Argar)
My right hon. Friend makes an important point. SARCs fall under the remit of the Department of Health and Social Care, but NHS England commissioned a report last year to assess the current state and future needs of the SARC workforce. Alongside SARCs and other victim support services, I have increased the funding available to rape and sexual violence support services by 10%, moving the funding from an annual to a three-year cycle.
Deidre Brock (Edinburgh North and Leith) (SNP)
Mr Jim Cunningham (Coventry South) (Lab)
Edward Argar
As I mentioned in response to a previous question, I have increased by 10% the funding available to rape and sexual violence support services. The hon. Gentleman highlights a specific case, and I would be delighted to meet him to discuss it.
Robert Neill (Bromley and Chislehurst) (Con)
Both as a constituency MP and when I look at the media, I am concerned by increasing reports of cases being adjourned, often at the last minute, for the lack of a judge being available, particularly in the Crown and county courts. At the same time, courtrooms sit empty and Her Majesty’s Courts and Tribunals Service is not advertising vacancies for recorders—part-time judges who are willing and able to fill those vacancies. Will the Minister urgently investigate what appears to be a lack of joined-up government by HMCTS?
Ruth Cadbury (Brentford and Isleworth) (Lab)
Edward Argar
The hon. Lady raises an important point. She alludes to the fact that this falls more directly within the remit of the Attorney General’s office but, of course, it cuts across a number of Departments. I have already had a number of meetings with my opposite number in the Home Office and with my new colleague, the prisons Minister, when he was Solicitor General. I look forward to further such meetings to get to the bottom of exactly what the hon. Lady highlights.
Luke Hall (Thornbury and Yate) (Con)
HMP Leyhill is a category B prison in south Gloucestershire. The number of abscondees is reducing year on year, but there remains significant concern in the community following an incident last year involving a school just half a mile away. Will the prisons Minister be good enough to visit south Gloucestershire to see this prison and to talk about the emergency mechanisms that need to be put in place?
Adult Survivors of Child Sexual Abuse
Edward Argar Excerpts(5 years, 6 months ago)
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The Parliamentary Under-Secretary of State for Justice (Edward Argar)
It is a pleasure to serve under your chairmanship, Mr Hollobone, as I do so frequently these days. I thank the hon. Member for Rotherham (Sarah Champion) for securing a debate on such an important subject, and I will start by briefly acknowledging her work and dedication to the cause of improving support for those who fall victim to the horrendous crimes of sexual violence and child sexual abuse. One of the very real pleasures of doing the job of victims Minister is that I have been able to work closely with the hon. Lady, with all the knowledge, passion and determination to improve things that she brings to all she does in this House.
As the hon. Lady highlighted, she has chaired two all-party parliamentary groups on these topics, producing two extremely useful reports with recommendations. I hope that at some point soon, with her permission, I might be able to meet the all-party parliamentary group for adult survivors of childhood sexual abuse. I welcome both reports, and commit to giving their recommendations the full and proper consideration they deserve and that the hon. Lady would expect. I will respond to her in due course about the detail of those reports.
I also thank all survivors who took the time to share their experiences to inform the report. I know it takes great courage to speak out about such difficult issues, and I commend them for coming forward for the benefit of other victims and survivors. In that context, I particularly recognise the bravery of my hon. Friend the Member for Burton (Andrew Griffiths) in speaking up very movingly in this House on a number of occasions about his own experiences, and his commitment to doing everything he can to ensure no one else has to suffer in that way. I want to ensure that we do not lose momentum in this space, and that we build on recent achievements such as the victims’ strategy.
Andrew Griffiths
While the Minister is being nice to me, let me just draw out one point in relation to compensation. I know that we are due to meet—I had to reschedule our meeting—but compensation for victims for child sexual abuse is simply not good enough. Of the 6,861 convictions for child sexual abuse in 2017, compensation orders were issued in only 26 cases. Will the Minister keep that at the forefront of his mind, and make sure that victims of child sexual abuse get the compensation they deserve?
Edward Argar
I know that my hon. Friend has recently made this issue the subject of a ten-minute rule Bill. Although the imposition of those orders is a matter for the judiciary, he is quite right that I am due to meet him shortly, when we can discuss what more can be done to raise awareness of the ability to use them.
We know that these crimes can have lifelong, life-changing impacts on victims, as the hon. Lady has set out. It is therefore essential that high-quality support and information is available to those who need it, when they need it, to do what is possible after such a horrendous crime to help individuals rebuild their lives and come to terms with the trauma.
Nigel Huddleston (Mid Worcestershire) (Con)
On a point of information, the Minister may be aware of the Beecholme children’s home scandal of the 1960s. Victims of that scandal have told me that they have had difficulty with the co-operation of, and getting access to information from, local authorities. Does he believe that local authorities should have a responsibility to be as fulfilling and forward with information as possible?
Edward Argar
My hon. Friend makes his point well and powerfully. I hope he will forgive me for not commenting on the detail, as it is still subject to a live investigation, but he has placed on the record his views on that important subject.
I believe we are making good progress, but there is much more to do. Since becoming the victims Minister, as the hon. Member for Rotherham alluded to, I have made it my priority to provide more funding to rape and sexual abuse support services. I wished to do three things: the first was to increase the amount of funding available, which we did by 10%. The second was to address the sector’s calls for a multi-year funding settlement, moving from one year to three years. The third, which we continue to work on, was to simplify the process for those organisations applying. The APPG’s report quite rightly highlights the need to pay for counselling as a barrier to accessing support, and I am happy to say that this funding ensures that victims of rape and sexual abuse can access any of the centrally funded support services free of charge in any of the country’s 42 police and crime commissioner areas, regardless of whether they report the crime. That is, of course, on top of £68 million of funding to police and crime commissioners to support victims of crime.
However, the hon. Lady has rightly highlighted a bigger picture. We must seek to replicate what we have achieved in that area more broadly across the funding space, with multi-year settlements, sustainable and appropriate funding levels, and simplification. When she talked about pegging funding to demand and cross-Government work, she highlighted that the most effective vehicle for that will, I suggest, be active engagement with the forthcoming spending review and with the Treasury. I will not pre-judge that spending review or the hon. Lady’s conversations with the Chief Secretary, but I know it is something that the Treasury are very much alive to, and rightly so—in large part because of her work in this area.
The hon. Lady also highlighted the importance of cross-Government working. Departments have joined together across Government to offer additional funding to support victims identified as part of Operation Stovewood in her constituency. We are also working to update and improve the information for victims on gov.uk.
I am conscious of the clock ticking, but I will conclude with a number of points. The first is that, of course, I am always happy to meet the hon. Lady if she wishes to pick this issue up separately. I will also commit to raising the specific issues that she has touched on about the NHS, CCGs, and training and standards in my regular meetings with my opposite number at the Department of Health and Social Care. Once again, I thank the hon. Lady for securing the debate, and look forward to working with her, all hon. Members, Ministers across Government, the sector, and survivors themselves to ensure that victims receive the best care and support we can offer.
Motion lapsed (Standing Order No. 10(6)).
Automatism as a Legal Defence
Edward Argar Excerpts(5 years, 7 months ago)
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The Parliamentary Under-Secretary of State for Justice (Edward Argar)
I suspect I will, Mr Owen. It is a pleasure to serve under your chairmanship.
I congratulate the hon. Member for Huddersfield (Mr Sheerman) on securing this debate on automatism as a legal defence. I am conscious of his work in this area and across a range of aspects of the operation of the law, particularly regarding the impact on victims. I know that he has taken a particular interest in a number of tragic cases. Although he will appreciate that I cannot comment on individual cases, especially where charging decisions are concerned, I know his work in the area.
Given the limited examples of the use of automatism as a defence, it might be worth elaborating a little, as other hon. Members have, on the current law and its operation. I will also seek to share the Government’s general approach to reform of the law in this area, and the Law Commission’s.
Generally, automatism is a defence to a criminal charge where the defendant’s consciousness was so impaired that he or she was acting in a state of physical involuntariness. It is more than not intending something to happen; it is not being aware of those actions. There are two distinct types of automatism. First, there is insane automatism, which stems from an internal cause or disease of the mind. Where this occurs, the proper verdict is not guilty by reason of insanity. Secondly, there is sane or non-insane automatism, which stems from a cause other than a disease of the mind, an external cause that leads to a loss of control. Where this occurs, the proper verdict is not guilty. The hon. Member for Huddersfield suggested, and I think I am quoting him accurately, that there was an increasing tendency by clever lawyers to seek to use this defence, but I have to say that there is no evidence of that. He himself mentioned the stats, and this comes back to the statistical point, which I will touch on shortly. As always, the hon. Gentleman makes his point forcefully, to highlight the issue that he believes is behind this.
Mr Sheerman
How do we know how many times the Crown Prosecution Service does not prosecute because it thinks it will not be able to get a conviction because of the use of automatism?
Edward Argar
I will come back shortly to the two tests that the shadow Solicitor General mentioned. On the statistics point, it appears that automatism is rarely used as a successful defence, and that sane automatism, which is what most people assume that to be, is extremely rare because it is very hard to prove. However, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) also made the point about the statistics. It is a matter for the CPS, but we can take back to that service and to other agencies the question of examining whether there are better ways to identify trends and the statistical evidence bases underlying them. I do not have an answer now, but that is something we can take away and look into.
Nick Thomas-Symonds
This is an issue that I have raised before in other contexts. Sometimes we are told by the CPS that it has to look through the file of each case to pick up certain data, but in such cases, particularly where there are deaths, as there might be in a road traffic case, it would be useful to look at what data is collected and reviewed. I hope that the Minister will pass that on to the law officers who superintend the CPS.
Edward Argar
I am happy to do that, not least because in her previous ministerial role the now Solicitor General would have been taking this debate. I am sure that having prepared for it in advance, as she usually did, she will be well aware of the issue, and I am happy to raise it with her.
The distinction between the two types of automatism is important for reasons other than the verdicts. In insane automatism, the burden of proof is on the defendant to show that he or she did not know the nature of the act committed. However, in the case of non-insane automatism, the burden remains on the prosecution to satisfy a jury beyond reasonable doubt that the defendant has not had a total loss of control and is, therefore, guilty of the offence.
To illustrate that further, there is the example of incidents that occur as the result of hypo or hyperglycaemia. If a defendant argues that the act was caused by the administration of insulin leading to hypoglycaemia, that is an external factor and the defendant will be acquitted unless the prosecution can show this to be untrue. However, if the defendant argues that the incident was due to diabetes causing excessive blood sugar hyperglycaemia, that would be an internal factor and the onus would be on the defendant to prove, on the balance of probabilities supported by medical evidence, that he or she was not guilty by reason of insanity.
The cause of automatism can understandably be confusing to many. I will give an example that is possibly a reflection of how the law is interpreted and the difference between what is, in legal terms, the interpretation and what anyone else might read it as. For example, epilepsy is a disease of the mind. When an epileptic seizure results in an assault, for instance, a successful defence would be an insanity verdict. Of course, most people would not consider that an epileptic seizure amounted to insanity, but that is how the law would be interpreted in a narrow, legal context.
Acts committed while suffering from concussion, sleepwalking—which we have touched on—amnesia, and even post-traumatic stress disorder may amount to an automatism defence. As alluded to earlier, such cases rely heavily on medical evidence as to the nature and causes of the loss of control. Perhaps the most famous illustration of automatism was in the context of an example given in one of the leading cases, Hill v. Baxter in 1958—that of a driver who causes an accident after being stung in their cab by a swarm of bees.
I will cover two final points before ending my survey of the current law and moving on to the future. I know that the hon. Member for Huddersfield has a particular interest in driving offences in the context of this debate, although his interest goes wider than that. Automatism is a defence even against strict liability offences; I mention that because although that defence occurs infrequently, it is most commonly reported in relation to driving offences. Significantly, that defence applies even when the offence does not require intent, such as with dangerous driving.
As my hon. Friend the Member for Cheltenham (Alex Chalk) and others have highlighted, when automatism arises from prior fault or voluntary conduct, that usually—but not exclusively—means that the defendant was taking illegal drugs, or that alcohol was involved, for example. When a person is taking substances other than in accordance with medical direction, and the crime is one of basic intent such as an assault, the defence should fail if the substance taken is known to cause aggression or the consequences that caused the offence. It is not a defence to be completely out of it on drugs or due to alcohol, and as a result commit an offence, however unknowingly. Those questions, though, will often be left to the jury or to magistrates. It is worth stressing that the defence is much more narrowly drawn than many people might imagine.
Let me turn again to why the defence exists and briefly touch on the Scottish situation, which the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East alluded to. I understand that in Scotland the context is different, in that an automatism plea is treated as a denial of mens rea. In other words, if acting as an automaton, a person lacks the essential mental element of a crime and as a result should be acquitted of an offence. However, the Scottish courts have clarified that, for the defence of automatism to succeed, there must be a total alienation of reason that is caused by an external factor that was not self-induced or foreseeable. The internal versus external distinction therefore applies as a test in Scotland as it does in England, albeit in a slightly different form, and the defence will also fail if the defendant’s state is self-induced. Although the test of what amounts to insanity is different in Scotland from that in the jurisdiction of England and Wales, the defence—although it takes a slightly different approach—is none the less very similar in its application and consequences for defendants.
As I believe all who have spoken today have also said, I do not think that anyone would contend that a person who commits an act because of loss of control and through no fault of their own should be held liable for that offence. In such cases, it is also unlikely to be in the public interest to prosecute, as a conviction would not be secured. If there is doubt about whether the defendant contributed to their loss of control, then those questions may be tested in court. Of course, it is very difficult for innocent victims of these acts, who may themselves be injured or bereaved as a result of them, to accept that in law no one is to blame. It is particularly difficult for families of those who are killed, again through no fault of their own, by a person who was not in control of their actions. However, it remains unjust to punish someone for something they genuinely had no control over.
As was rightly highlighted by the shadow Solicitor General, the hon. Member for Torfaen (Nick Thomas-Symonds), the code for Crown prosecutors is clear about its dual test. The public interest, and the evidence and likelihood of securing a conviction, are the tests that Crown prosecutors will consider when assessing whether a defence is likely to undermine one or other of those factors. In that context, the hon. Member for Huddersfield mentioned transparency, as did the hon. Member for Torfaen. I think both will be aware that our system seeks to make the decision to prosecute as transparent as possible, including through communication with victims and those victims having the right to challenge and review the decision of the Crown Prosecution Service. In those cases, they will have information about what in those two tests caused the charge to not proceed.
Let me turn to the future, and the Law Commission’s report and proposals about this area. The lack of clarity on automatism to which the shadow Solicitor General referred, and the complexity of the outdated law on the connected defence of insanity, led the Law Commission to conduct a scoping study in 2012 and issue a discussion paper in the following year. The Law Commission did not, however, produce a full set of recommendations on automatism or complete its work with a final report. It rightly recognised that, in the context of its broader work on the law around insanity as a defence, this was an important but small part of a much broader piece. In taking that work forward, its focus was on the “unfitness to plead” aspect, and it is therefore yet to produce for consideration qualified legislative proposals on automatism.
Although the Law Commission’s comments and proposals in the 2013 discussion document would narrow the automatism defence slightly, as has been said, it would not remove it. The proposed reforms sought to simplify the law, replacing the common-law defence with a statutory one, and have one defence that, if made out, would lead to a not guilty verdict rather than the two possible verdicts previously mentioned. The Government considered the initial discussion paper’s proposals, but concluded that they would be a very limited reform to an already rarely used defence.
We have no current plans to bring forward legislative proposals. However, that does not mean that we have ruled out making changes to the law, including the wider and related law on insanity and fitness to plead; we keep that area under review. The shadow Solicitor General tempts me into saying that if the Ministry of Justice wishes to use any legislative time, that would be a good use of it. As a Department, we are productive in legislation; we have been, and I suspect we will continue to be.
To conclude, I congratulate the hon. Member for Huddersfield on drawing the attention of the House to this issue. It is, as I think he said, the first time in 11 years that it has been properly debated, and I am sure there will be Members who are hearing about this issue today for the first time. I thank all who have contributed to the discussion of this complex topic, and I hope I have set out the law as it stands and where the Government stand on it. Finally, the hon. Gentleman knows that we already have a meeting scheduled on a different topic. I enjoy my meetings with him, and if he wishes to add specific questions about this aspect of law to our next meeting, I am happy to consider them.