Recall of Women to Prisons

Edward Argar Excerpts

Wednesday 20th February 2019 Westminster Hall

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

It is always a pleasure to serve under your chairmanship, Mr Hollobone, which I seem to be doing quite frequently. I congratulate the hon. Member for Swansea East (Carolyn Harris), who is a doughty and effective champion for her constituency and for women in the criminal justice system—the House is lucky to have her among its Members. I also thank all hon. Members who have spoken today and recognise the work of many organisations in this space, including charities and others, such as the Prison Reform Trust, whose report has been frequently cited. I reassure hon. Members that I will consider the contents of the report carefully.

Hon. Members have understandably highlighted their concerns about the rise in the number of women recalled to prison since the Offender Rehabilitation Act 2014. The hon. Members for Swansea East and for Lewisham West and Penge (Ellie Reeves) clearly and effectively set out the context and complexity of the cohort of female offenders we are talking about. Quite rightly, they highlighted that many women who offend are not only offenders and perpetrators, but victims.

Many hon. Members cited the powerful statistic that about 60% of women in custody have suffered some form of domestic abuse or domestic violence. In the context of those multiple and complex needs, it has also been highlighted that the crimes for which many of those women received custodial sentences were non-violent crimes that did not appear to present any physical threat to broader society.

As hon. Members have highlighted, the female offender strategy—one of my first ministerial decisions on my appointment last summer—set out our future ambition in this area. The hon. Member for Stretford and Urmston (Kate Green) highlighted the whole-system approach at work in Manchester, which we have looked at in that context. I look forward to meeting the deputy Mayor in the coming months to talk to her about her work in that area and the Manchester experience.

Considerable progress has been made. I appreciate the comments of the hon. Member for Bradford East (Imran Hussain) and I have updated his fellow shadow Minister, the hon. Member for Ashfield (Gloria De Piero), who is well aware of our progress in spending that money, which I will touch on, and the longer term plans. I do not take his comments in an unpleasant way; I taken them in the spirit in which they are intended. He is keen to see progress, as are we, and as a diligent shadow Minister he is rightly prodding and pushing me to make sure that we continue to make progress.

Although serious crimes will still justify a custodial sentence in some cases, we were clear in our vision, which was set out in the strategy, for fewer women to get custodial sentences, especially short custodial sentences, and for women to serve custodial sentences in better conditions when they are imposed. The evidence suggests that short sentences simply do not reduce the risk of reoffending among women who have such sentences imposed on them. Our aim must be to protect society from crime and to reduce the number of victims. We must therefore look at what reduces the risk of reoffending, future offences and victims. That runs through the heart of our strategy.

In the shorter term, as we deliver on that strategy and vision, we must ensure that we support women under supervision in the community, so that they are not recalled to prison, with all the disruption and distress that causes. Hon. Members have rightly highlighted the impact on family life—often a short sentence or recall is not enough to make a difference to the life of that woman or reduce the risk of her reoffending, but more often it is enough to make matters worse, causing huge disruption to accommodation, family life and home life.

The hon. Members for Swansea East and for Ogmore (Chris Elmore) highlighted that the best point at which to intervene is not when a woman is in the criminal justice system or in custody, but before getting to that point. It is better for such women, for society and for their children to maintain their family life, reducing the risk of their falling into offending. The hon. Member for Swansea East is right to draw attention to work in Wales in that respect. Within the Ministry of Justice, I am the Minister responsible for relationships with the devolved Administrations, and I look forward to working with Jane Hutt—I have met her already—on that and with the Welsh Government on the blueprints for female offenders, to ensure that we have a joined-up approach.

It is also important that such support is gender and trauma informed and helps a woman as a person, rather than taking place in a silo. Hon. Members have touched on a number of factors that play a part in recall—multiple needs, housing, substance misuse, trauma—and on what the statistics say about why most women have been recalled to prison. The main reason comes down to the particular challenge of an offender being out of touch with the supervising officer.

In 57% of cases of women offenders being recalled, the offender had failed to keep in touch with the supervising officer; where the sentence was for less than 12 months, in 71% of cases of female offenders being recalled to custody, again the offender had failed to keep in touch with the supervising officer. I do not mean that they had simply missed an appointment with the probation officer and therefore needed to be punished. Indeed, the power to recall any offender to custody is not to be used punitively. Rather, the probation officer had felt that all reasonable efforts to trace an offender had been exhausted and that there was no other way to bring the offender back in touch.

We must recognise that in some circumstance there is something inherently risky in a situation in which a probation officer is unable to assess an offender’s risk because contact cannot be made. Recalling such an offender might sometimes be unavoidable. The hon. Member for Lewisham West and Penge highlighted those female prisoners serving IPP sentences, and I will reflect carefully on the points she made. However, there can be a number of underlying reasons for an offender to be out of touch, particularly female offenders, given their complex needs, which in many cases form the context of their offending. The HMPPS guidance therefore encourages probation officers to identify alternatives to recall wherever possible, while upholding the integrity of the conditions imposed in the licence.

Earlier this month I had the privilege of visiting Brighton Women’s Centre, which I am pleased to say we recently awarded funding as part of the female offender strategy. That centre, like many across the country, is an excellent example of how women’s centres can play an important role in supporting female offenders to turn their life around. The proposals for five residential women’s centres, which Jean Corston would argue she originated back in 2007, have attracted a lot of attention and form an important part of our approach. Clearly, the foundation of the support services for women will always be in those women’s centres, working in and with the community.

I was grateful that the Brighton service users were willing—incredibly courageously—to share with me, a stranger, their stories and backgrounds. I was particularly interested to hear about the excellent work that Brighton Women’s Centre is doing in partnership with its local CRC. It has begun to use the centre as the location for probation appointments—a trusted space with trusted people—and it means that women who are already using the centre to address other needs can meet their probation officer in an environment that is already familiar to them.

I was told that this co-location model has already seen a 15 percentage point improvement in attendance for reporting appointments for female service users at the Brighton Women’s Centre premises between July 2018 and December 2018. That provides me with optimism. There are models out there that can help to drive down the number of women being recalled to prison because they do not keep in contact with their probation officer. Of course, they can also address other factors that might be problematic in those women’s lives.

We are also working hard to meet the needs of those women who are newly released on licence. CRCs introduced through-the-gate services in 2015 to support offenders in their transition from prison to the community, by providing resettlement support for accommodation—rightly highlighted by many Members today as a hugely important challenge for those leaving prison—and support with employment, finance, mental health and substance misuse.

We know that these services are not currently meeting the standard required. That is why we are investing an additional £22 million a year over the duration of the current CRC contracts, to improve the support given to all offenders on release from custody, with new and enhanced arrangements from April this year. They will include sustained support to find proper accommodation and employment on discharge from prison, and there will be approximately 500 more staff working with offenders after April 2019.

The important role that women-specific services, such as women’s centres, can play in helping a woman to turn around her life is clear. We have announced and awarded the £5 million of investment, alongside our female offender strategy, to support community provision. That is allocated to a range of organisations to support and enhance existing provision, and to develop new services.

In conclusion, we are clear that we wish to see fewer women being recalled to prison for breach of licence and fewer women serving short custodial sentences, and we believe that we are adopting the right approach to achieve that.

Foreign National Offenders: Prison Transfers

Edward Argar Excerpts

Tuesday 19th February 2019 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Austin. I thank my hon. Friend the Member for Kettering (Mr Hollobone) for securing the debate. He has raised the issue tenaciously on previous occasions, most recently at Justice questions earlier this month. He and his constituents attach great importance to it and, as always, he acts as a powerful and strong voice in Parliament for the people of Kettering.

As always, the debate raises a matter of huge importance and is an opportunity to update the House more fully than would be possible in a single parliamentary answer. Rightly, increasing the removal of foreign national offenders is one of the Government’s top priorities. All foreign national offenders sentenced to custody are referred by the Prison Service to immigration enforcement as quickly as possible to be considered for deportation action.

As all hon. Members present are aware, the Government are absolutely committed to increasing the number of foreign national offenders removed from our prisons. Any foreign national who comes to our country and abuses its hospitality by breaking our laws should be in no doubt about our determination to punish and remove them.

My hon. Friend raised several statistical questions. He rightly alluded to the fact that since 2010 we have removed more than 45,000 foreign offenders from prisons, immigration removal centres and the community. In 2017-18, as he stated, we removed almost 6,000 foreign national offenders, of whom 2,000 came directly from our prisons. That represents good progress, but the Government are determined to do more.

My hon. Friend asked some specific questions. The current overall prison population is 82,236, which is a little shy of what he thought but in the same ballpark. The latest statistics that I have are that foreign national offenders make up 9,090 of that—roughly 10% or 11%—and EU foreign national offenders make up 3,943 of those.

My hon. Friend touched on his top 10. His fabled statistical brilliance has slightly changed, because our order and numbers are different, but if it is helpful, I will briefly run through them. The latest list puts Poland in first place, with the highest number, then Albania, Romania, Ireland, Jamaica, Lithuania, Pakistan, Somalia, India and Portugal. In terms of the stats that sit behind each of those, if I do not manage to answer every question he has raised today, I am happy to write to him.

As he is aware, the primary responsibility for the removal of foreign national offenders rests with the Home Office immigration enforcement team, with my Department supporting its work by setting the policy for, and administering, early removal schemes from our prisons. Prisoner transfers are a matter for my Department and fall within the portfolio of the Minister of State, Ministry of Justice, my hon. Friend the Member for Penrith and The Border (Rory Stewart). I will certainly pass on to him the comments made by my hon. Friend the Member for Kettering about negotiating further such agreements and the form of those agreements.

Before I turn to the specific issue of prison transfer agreements, I want to highlight the substantial cross-Government work under way to increase foreign national offender removals. A lead Minister’s group that meets quarterly is in place. It focuses on the removal of foreign national offenders and brings together key Departments to ensure a co-ordinated approach. We continue to work hard to improve and speed up every part of the removals process, right from the point at which a foreign national offender first comes into contact with criminal justice agencies up to their removal back to their home country.

For example, as my hon. Friend will be aware, the Government introduced new requirements through the Policing and Crime Act 2017 so that anyone appearing in court now has to state their nationality. It is designed to speed up early identification of foreign national offenders and therefore assist with speedier removal. In other initiatives, my Department is working with the Home Office on ways to speed up the immigration appeal process for foreign offenders held in prison, and to ensure that appeals are determined as quickly and as efficiently as possible so that foreign offenders with no right to remain here may be removed quickly.

We are also working to concentrate foreign national offenders within fewer prisons in our estate. As has been mentioned, we have already created two foreign national offender-only prisons, one of the first countries in the world to have done so, with the benefit of concentrating foreign national offenders and allowing the Prison Service better to address the specific needs of that cohort of offenders. Importantly, it also allows the Home Office better to deploy its immigration enforcement teams, which need access to the prisoners to undertake the deportation process.

As my hon. Friend highlighted in his speech, there are different routes by which foreign national offenders can be removed from this country. The first that he touched on is the early removals scheme, which is our principal mechanism for removing foreign national offenders from prison. Under the scheme, offenders are returned to their home countries and are barred from returning to the UK, potentially for life. In 2017-18 we removed more than 2,000 prisoners through the scheme; that is about 95% of early removals from prison. I am keen that we should not lose sight of our success in removing such a large number of foreign offenders.

[Mr Hollobone]

I am listening closely to the Minister. Can he clarify whether the 2,000 a year who are returned under the early removals scheme are then at liberty in their country of origin, or are they behind bars?

[Edward Argar]

My hon. Friend is clearly clairvoyant, because my next note addresses exactly that point. Under the transfer agreements, the mechanism allows us to transfer a sentenced prisoner during their prison sentence so that they will continue to serve that sentence in a prison back in their home country. Importantly, the agreements are reciprocal and allow the return home of British nationals from overseas prisons. We have more than 100 transfer agreements—he mentioned 160, which is roughly in the right space overall—with countries and territories around the world. Depending on the type of agreement that is in place, prisoners can be transferred either on a voluntary basis, meaning the consent of the prisoner is required, or on a compulsory basis, meaning their consent is not required. To address a point that my hon. Friend specifically raised, under either type of agreement, including the compulsory one, the receiving country still has the right to accept or refuse the prisoner; the country receiving them still has to agree to accept them even if the prisoner does not have a say in that process.

To focus briefly on the EU prisoner transfer agreement, that is the most effective transfer agreement to which the UK is a signatory, largely because, going back to my previous point, there are limited grounds on which a receiving member state can refuse to accept a prisoner transfer request. Our departure from the EU will therefore have an impact. As the prisons Minister said earlier this month, if we leave the EU without a deal there is the risk of a decline in the number of transfers to and from the EU, because we might be forced to fall back on older transfer mechanisms that could prove less effective.

[Mr Hollobone]

The Minister says that under the EU prisoner transfer agreement there are limited grounds for a country to refuse to take their prisoner back. There are 950 Polish nationals in our jails, and Poland has taken back only 35. Is the Minister telling us that Poland regularly has 915 good reasons not to take prisoners back? It seems that this agreement is not as effective as the Minister makes out.

[Edward Argar]

I will make two points. The first is a statistical point because latest figures show that there are 787 Polish prisoners, although my hon. Friend’s point about the number and scale still stands. I was about to come to the other legal and procedural reasons for why transfers can take a long time in this country. In that context, I wish to touch on the suggestion made previously that the prisoner transfer agreements are in some sense not working, and that our prisons are full of prisoners who could be transferred. As my hon. Friend is aware, many of our transfer agreements are necessarily voluntary, not just for the country receiving them but for the prisoners themselves. That is due to the poor standard of prison conditions and the treatment of prisoners in some parts of the world, and our obligations under those agreements as well as our human rights obligations.

For our compulsory agreements, we target transfer at those offenders who are serving lengthy prison sentences. Transfer can take place only if all appeal routes have been exhausted, a deportation order is in place, and there are no legal concerns about the prison system to which the prisoner will be moved. Consequently, when all those factors and process points have been taken into consideration, the number of prisoners who are eligible for a swift transfer might not be as high as my hon. Friend might wish, and in some cases the process could take longer than the prison sentence being served.

We are, however, working to increase the number of transfers wherever possible, and our current agreement with the EU has enabled the transfer of 357 prisoners to EU prisons, with each transfer freeing up several years of cell space. Transfer numbers continue steadily to rise now that most member states have implemented that agreement and operational processes are bedding in. Such transfers therefore play a role in managing our prison population and ensuring that capacity is available for offenders who have been sentenced to custody.

I will also highlight a number of successes for our transfer agreements with countries outside the EU. In late December we signed an agreement with the Government of Pakistan to restart the voluntary prisoner transfer process between our countries. Given that Pakistani prisoners are one of the top 10 nationalities held in our prisons, that progress is welcome and I thank all Departments who worked on that issue for their support. We also have a prisoner transfer agreement with Albania, which is another of the 10 most common nationalities in our prisons. A transfer agreement has seen 24 Albanian prisoners transferred, and there is ongoing engagement with Albanian authorities to improve that mechanism and speed up and increase transfer rates. The prisons Minister met the Albanian Justice Minister earlier this month to discuss co-operation on that issue, and an agreement was reached to continue with close co-operation.

I am conscious that only a short amount of time is left, so I shall conclude by saying that whether removal is through the early removal scheme, prisoner transfer, or deportation after an offender has completed their sentence, the key point is that we continue to work to remove those who have broken our laws and have no right to be here. I suspect my hon. Friend will continue to champion and push hard on this issue—indeed, I suspect we may well debate it again in the coming weeks and months—but he should be in no doubt that that the Government are committed to that agenda, and to increasing the number of foreign national offenders who are removed from this country.

Question put and agreed to.

Human Rights in the UK

Edward Argar Excerpts

Wednesday 13th February 2019 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Gapes. I congratulate the hon. Member for Edinburgh East (Tommy Sheppard) on securing this debate on human rights in the UK. I have listened with great interest to the views expressed. We have a multiplicity of not only hon. Members, but hon. and learned Members, who have offered the benefit of their legal expertise.

The hon. Member for Edinburgh East set out not only his case, but the broader importance of human rights as a concept, highlighting a number of specific cases and examples. That is, quite rightly, a subject of real importance to all Members, and one in which I have taken a very close interest within my portfolio. It is not only intellectually fascinating but, as hon. Members have said, it permeates our national life.

The hon. Gentleman raised the issue of where responsibility for human rights should sit. I will not take personally his suggestion that it be moved. The reason that it currently sits with the Ministry of Justice and with me is that, although he is absolutely right to say that it is a cross-cutting issue, the Ministry of Justice is a key defender of the rule of law, and this issue goes to the heart of that. I am sure, however, that the Chancellor of the Duchy of Lancaster and Ministers in the Cabinet Office will have noted his points.

As many hon. Members have said, human rights in the UK are not new. The UK has a reputation for setting the highest standards, both domestically and internationally. As has been set out, that did not begin with the ECHR, the Human Rights Act 1998 or our membership of the EU—nor will it end with our exit from the EU. “Human rights” as a distinct term may have entered common usage in this country in the 20th century and developed through international treaties and organisations, but the concept of rights—and, I might add, responsibilities—in our country goes all the way back to Magna Carta in 1215, the Petition of Right in 1628, the Bill of Rights in 1689 in England and the Claim of Right in 1689 in Scotland. The concept has evolved over many centuries.

Common law developed alongside statutes and set out rules developed by the courts to govern relationships between people and Government, which we would recognise today as “rights”. We have a strong and proud track record on that. As the hon. Member for York Central (Rachael Maskell) highlighted when talking about her city and its university, in many of our communities, the issue is rooted more locally. I was particularly interested in her comments about the work that the university and her city are doing in that respect.

Winston Churchill, no less, was one of the main advocates for a new regional organisation that was to become the Council of Europe. In 1942, he called for the “enthronement of human rights” and in 1948, he called for a charter of human rights that would be

“guarded by freedom and sustained by law.”

The European convention on human rights, as many hon. Members have mentioned, was drafted in 1950 by the Council of Europe, to safeguard basic political and civil rights.

I am always educated, not only in matters of the law, but in matters of history, by the shadow Minister, although in this case, it is a coincidence that I read David Maxwell Fyfe’s memoirs over Christmas. I suspect I am one of only a very small number of people in the House, or indeed in the country, to have done so.

As has been said, the UK was one of the first to sign up to the ECHR in 1951, before it came into force in 1953. It has been strengthened over the years by protocols, and the 1998 Act was a huge step forward in putting those rights on a footing whereby they could be enforced in the UK’s domestic courts. As my hon. Friend the Member for Cheltenham (Alex Chalk) set out, the ECHR reflects—not in totality, but in large parts—domestic laws both passed by Parliament and in previous common law. My hon. Friend’s views on the matter are always thoughtful and considered.

How are we doing in relation to the rights that we now recognise as forming our human rights framework? Let us not judge ourselves; let us see how others judge us. The hon. Member for Edinburgh East and my hon. Friend the Member for Henley remarked that we have a proud track record. Last year, the European Court of Human Rights in Strasbourg considered 354 applications against the UK, which equates to 5.34 applications per million inhabitants—the lowest of all 47 states parties, and one tenth of the European average. Only 21 cases were considered by the Court to be potentially of merit and were sent to the UK for a response, with just two judgments against the UK. That touches on a point that the hon. Member for Strangford (Jim Shannon) made about the need to strike a sensible and appropriate balance when considering such issues in a domestic context, which I think the UK generally does.

After the UK has left the EU, it will continue to afford its citizens access to well-established domestic and international mechanisms to bring their case and obtain appropriate remedies.

[Nick Thomas-Symonds]

I am pleased to hear that the Minister has read the biography of David Maxwell Fyfe. On our future commitment to the ECHR, at the moment there is real concern that the Conservative party’s positon is to remain a signatory for the duration of this Parliament only. Can the Minister give a guarantee for the next Parliament and beyond?

[Edward Argar]

If the shadow Minister is patient, I will turn to what our ongoing position is—a number of Members have made that point. He may or may not be satisfied, but I will seek to answer him.

As I was saying, individuals will be able to obtain appropriate remedies when they consider their rights to have been breached. That will remain under our common law, the devolution statutes and, of course, the Human Rights Act 1998.

At the beginning of this month, the shadow Justice Secretary, the hon. Member for Leeds East (Richard Burgon), asked my right hon. Friend the Lord Chancellor and Secretary of State for Justice, to

“give a reassurance...that the Government will not repeal or reform the Human Rights Act in the aftermath of our departure from the European Union”.

The Secretary of State answered:

“We certainly have no plans to do so”.—[Official Report, 5 February 2019; Vol. 654, c. 163.]

I believe that that offers reassurance—perhaps not as specific as my shadow might wish, but it offers reassurance.

As we made clear in the Chequers White Paper, and as is clear in the political declaration, the UK is committed to membership of the European convention on human rights and will remain a party to it after we have left the European Union. The Lord Chancellor, and in this Chamber, the shadow Minister and others, read out the wording of our manifesto commitment on the matter. Our future relationship with the EU should be underpinned by our shared values of respect for human rights and fundamental freedoms. As reflected in my opening comments, the UK is committed to human rights. Our exit from the EU does not change that or signal a desire to reduce human rights protections.

I reiterate that most of those protections stem from work by the Council of Europe and under the ECHR, rather than from the EU, as my hon. Friend the Member for Henley set out eloquently in his speech. I take the opportunity to pay tribute to the work of all those hon. Members, including my hon. Friend, who serve on the Council of Europe. It is an organisation that, though not spoken about as often as it perhaps should be, continues to do very good work quietly and persistently. With that in mind, while I recognise the courtesy with which the hon. Member for Edmonton (Kate Osamor) made her point, I simply do not share her view that Brexit will leave any deep hole in human rights protections in this country.

More broadly, I too enjoyed reading Professor Miller’s recent report, which the hon. Member for Edinburgh East cited, and the work undertaken for the Scottish Government by the First Minister’s Advisory Group on Human Rights Leadership, which proposed new ways to draw further international commitments to which the UK is party into Scotland’s legislative framework. To underpin seven recommendations in the report, Professor Miller engaged in the broader debate about human rights in the context of socio-economic considerations and whether those should sit in a revised framework. That is part of a broader political and philosophical debate, with different views, as we have seen in the Chamber today. I suspect it is a debate that will continue. The hon. Gentleman asked whether it would continue in this place, and I have no doubt that if it does not, he will seek a debate on exactly that subject.

The SNP spokesperson, the hon. and learned Member for Edinburgh South West (Joanna Cherry), asked that I read and consider the report and its contents. I will do so; I am happy to read it again and to consider it carefully. I cannot give a commitment about whether I will agree with everything in it, but I will certainly reflect on it carefully, as I do with anything she suggests that I should read.

UN human rights treaties have not been incorporated into UK domestic law, and they do not require states parties to do that. The UK has instead put in place a combination of policies and legislation to give effect to the UN human rights treaties that it has ratified. We have a long-standing tradition of not only ensuring that rights and liberties are protected domestically, but fulfilling our international human rights obligations. That aspect should not be neglected.

Some hon. Members touched on the report of the UN special rapporteur. As other Ministers have made clear, the Government will consider carefully the rapporteur’s interim findings, but they disagree with the conclusions reached by the rapporteur, highlighting that, compared with 2010, for example, income inequality has fallen, the number of children in workless households is at a record low, and 1 million fewer people are in absolute poverty. I suspect, however, that that is a debate for another day—it could take at least another hour and a half, if not more.

I am the Minister responsible for overseeing the UK’s obligations under the UN convention against torture and other cruel, inhuman or degrading treatment or punishment, and its optional protocol, and under the UN covenants on economic, social and cultural rights and on civil and political rights, not forgetting the UN human rights peer review process, the universal periodic review. I take those responsibilities seriously, and last year I went in person to Geneva to discuss the UK’s role in relation to the convention against torture with officials. Broadly, in my conversation with them, I was clear—as were they—that the UK has a continuing role in leading the way on human rights in the world.

The title of this debate is “Human Rights in the UK’, so let me sum up by reflecting on the fact that the UK has a rich tapestry of rights running throughout our history, for hundreds of years, and reaching out across the globe. They neither began nor will end with the EU, and many of the key rights stem from the Council of Europe. I appreciate entirely that, during times of change, voices will rightly be raised to question protections and the future, challenging Government. It is absolutely right for that debate to take place.

Let us focus on the commitments given, the protections in place and our historical role—we should be judged on those and on this country’s proud commitment to human rights. Many have suggested that human rights matter; I go further, echoing the words of my noble Friend Lord Keen of Elie: human rights are central to the way we live now and to the way we wish to live in the future. They are an integral part of the society of which we wish to be a part, and a reflection of our identity as individuals and as a country.

I thank all hon. Members who have taken part in the debate, and you, Mr Gapes, for chairing it. In particular, although we might not agree on everything, I thank the hon. Member for Edinburgh East. I suspect that we will return to the subject in future—quite rightly so.

Missing Persons Guardianship

Edward Argar Excerpts

Tuesday 12th February 2019 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Enfield, Southgate (Bambos Charalambous) on securing a debate on this important subject. He and many other Members of both Houses, some of whom are here today, have campaigned long and hard for the implementation of the Guardianship (Missing Persons) Act 2017. The hon. Gentleman spoke very movingly, with his customary decency and power, on behalf of his constituent, whose brother went missing in the Galapagos.

I also pay tribute to my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), who is my friend, for his work on and success with his private Member’s Bill. He mentioned that parliamentary time is hard to come by and that getting a private Member’s Bill through is harder still. I have to say that he has exceptional skill in doing so, having done it not once but twice. I commend any colleague wishing to succeed with a private Member’s Bill to seek his wise counsel and guidance, or indeed his golden touch, in this space.

My hon. Friend rightly highlighted not only the support for the 2017 Act across the House, but how he got it across the line just in time. I have to declare an interest: I was proud to be in the Chamber that day to hear his speech. On that occasion he highlighted the case of Claudia Lawrence, who has been missing since 2009. Her father, Peter, is here today. While tributes to colleagues are important, I must pay the greatest tribute to him for his bravery and dedication in securing action by Parliament on this important issue.

The shadow Minister, the hon. Member for Ashfield (Gloria De Piero), made a powerful speech, as ever. It is always a pleasure to work with her. As she knows, when I say that I will do something, I tend to stick to that, and I intend to do so today. I know that she, with her customary courtesy but firmness, will hold me to account on that—she has today administered polite but firm prods to Her Majesty’s Government along those lines.

I am conscious that Members are frustrated, as they have expressed courteously but clearly, that the Act has not yet come into effect. As a Member who was in the Chamber that day, I share that frustration. I am pleased to reaffirm on the record the commitment made by my ministerial colleague, Lord Keen, that the Government are determined to implement the Act in July this year. The hon. Member for Enfield, Southgate asked what will happen should there be any delays or problems. First, should there be any, I will ensure that Parliament is fully informed. However, it is my determination to make sure that there are none and that we bring the Act into operation in July.

[Julian Sturdy]

The Minister is making a genuine point, and I know from speaking to him and from asking questions of him in the House that he is determined to drive this forward. I am absolutely delighted about that, but will he give a commitment to all Members in the debate—looking around, they are the same ones who have been involved in these debates for years—that he will write to us to keep us updated and to make sure we deliver on that July timetable?

[Edward Argar]

I am very happy to give that assurance and to write to all Members who have participated in the debate, as well as to others who could not be here today but who have taken a close interest in this issue. My hon. Friend pre-empts my mentioning him, but I put on the record my appreciation and, I know, everyone else’s, for his work in furthering this important cause.

Today is a significant marker on the route to implementation, not only because of our debate, but because it is the end of the consultation period, which began on 19 December last year with the publication of our consultation paper on the implementation of the Act. While I hear the shadow Minister’s points on that, I think it was right that we consulted. We are taking a novel approach to a new area of law, and it is important that we get it right.

I emphasise that the Government recognise and fully support the need for this legislation. I think it was the hon. Member for Islwyn (Chris Evans) who put it very clearly, saying that, prior to the Act, the law and provisions in this area were essentially a bit like crazy paving. He is absolutely right. The need for the legislation was therefore clear.

We understood that several families each year had no legal process to turn to in order to resolve urgent property or financial affairs for a family member or friend who had gone missing with no evidence of what had happened to them. That was set out by the hon. Member for Enfield, Southgate and, indeed, by my friend, the hon. Member for Strangford (Jim Shannon), who set out with his customary passion, determination and detailed research the vital need for this legislation to come into force. As ever, his constituents and the House are lucky to have him.

We understand that the terrible emotional distress and anxiety that families are already going through is increased as they seek to deal with everyday financial issues regarding their missing loved one. They cannot access bank accounts, savings or property transactions to intervene as they see those financial affairs potentially spiralling out of control. The creation of the new legal status of guardian of the property and financial affairs of a missing person will provide a structured way of dealing with financial affairs and property in the missing person’s best interests, under a legal process that builds in safeguards for all involved.

The consultation paper, to which I referred, set out the Ministry of Justice’s proposals for implementation of the Act. The Government are grateful for the comments we have received—both formally, in writing, and in numerous meetings that officials have convened in the past few months with a wide range of interested parties, following the commitment in the consultation paper to engage fully with stakeholders. Of course, we must now consider the views expressed to us. We intend to do that quickly and to publish the Government’s response to the consultation in early April, setting out the detail of the proposals for implementation.

As the consultation paper set out, there are several aspects to implementation of the Act, and all of them need to be completed successfully for it to come into force and work as intended. As I have mentioned, guardianship in this context is fairly novel; indeed, it is a significant change, so it is important that we get it right, with safeguards, but also ensure that the raft of complex legal and regulatory changes work as intended.

The first aspect is developing the rules of court and related practice directions for guardianship proceedings. Guardians can be appointed only by the High Court. Their appointment will be by a court order setting out the scope of their authority in relation to the property and financial affairs of the missing person. As I have said, the court to be designated for the process is the High Court. The decision on the court was made by the Lord Chancellor, following the required statutory consultation with the Lord Chief Justice.

Our intention is that applications to the High Court for a guardianship order will be made to the chancery division or the family division. This arrangement is modelled on the Inheritance (Provision for Family and Dependants) Act 1975 and the Presumption of Death Act 2013. This approach enables many of the existing rules of court and practice directions to be followed, so guardianship proceedings can be commenced under existing part 8 of the civil procedure rules, and applications after a case has started can be made via part 23. We will decide where to draw the line between the different rules over the coming months in considering the response to the consultation. However, although we can follow precedent, we are not obliged to do so, and if there are good reasons to create a new provision to cater for a particular feature of guardianship—for example, its limited duration—we are willing to look at that.

I can give an update: the work on the draft rules of court and practice directions is progressing well and efficiently, particularly through consultation with members of the judiciary and court officials who will be handling cases. The draft rules and practice directions will of course have to be considered and approved by the Civil Procedure Rule Committee. We intend to submit the drafts to the meetings of the committee in April and May. Once the committee has signed off the rules, they will be made and laid before Parliament for approval under the negative resolution procedure. The rules will be given effect through administrative procedures that will have to be created by Her Majesty’s Courts and Tribunals Service. Work is already under way in preparation for that.

The second major aspect of implementation is the making of regulations to enable the Public Guardian to register and supervise guardians. These regulations will be made under section 58 of the Mental Capacity Act 2005. We expect that they will be similar to those applying to deputies who are appointed by the Court of Protection to manage the property and financial affairs of individuals who lack the mental capacity to do so themselves. These regulations will provide a legal framework, but the Public Guardian will also have to develop procedures to provide a supervisory and registration service. That work is also well under way, and good progress is being made.

This Act provides for the Public Guardian to establish and maintain a register of guardianship orders. The Public Guardian will also be responsible for supervision of guardians. We propose that a guardianship order will specify when the guardian is to report to the Public Guardian. The Public Guardian will deal with complaints about the conduct of guardians, including safeguarding concerns, but will also be able to offer advice and guidance, which we think will provide considerable assistance to guardians, as the equivalent advice and guidance does for deputies at the moment.

Deputies usually have to provide a security or surety bond or proof of adequate professional indemnity insurance to the Public Guardian. We anticipate that there will be similar arrangements for guardians under this Act. The Public Guardian will receive the bond and hold it against any risk of a missing person’s estate being misused and facing financial loss through the actions of the guardian.

I would like to take this opportunity to pay tribute to the Public Guardian and his office for their work to date in preparing for implementation of the Act. More broadly, ahead of his retirement later this year, I pay tribute to the Public Guardian, Alan Eccles, as an exemplary public servant who has done much to bring this issue to the fore and into greater public consciousness during his term of office.

The third aspect on which we have consulted is the fees for the new service. These are of two types. The first is court fees, and the proposal in the consultation is to adopt the existing fees in the High Court’s two divisions for the procedures concerned. This mirrors the approach taken for fees under the Presumption of Death Act 2013. The second type of fee is that levied by the Public Guardian for registration and supervision of guardians. These will be new fees, but the expectation in the consultation is that the approach will follow that taken by the Public Guardian in relation to existing fees for deputies. For both these types of fees, we expect that there will be the usual exemptions and remissions.

I have to say that this is not a simple process, because the fees are currently calculated to strike a balance between being affordable and covering the costs of operating the system. Obviously, for something new, it is difficult to estimate both what the costs will be and what the volume of cases will be, but it is important that we strike the right balance between ensuring that costs are covered and not allowing a situation whereby, in the initial months, when there may be only a few applications, people face a prohibitive fee. We need to strike an appropriate balance.

The fourth and final aspect on which we have consulted is the content of a draft code of practice offering guidance to guardians and those considering whether to make a guardianship application. The Act requires the Lord Chancellor to issue a code of practice, and we intend to do that when the Act comes into force. In drawing up the draft code, we have been at pains to make it as accessible as possible to the layperson, and it features a glossary of terms and a number of examples of scenarios that may be faced by the family and friends of missing people. However, we know from the comments that we have received that we can make further progress towards that objective.

The draft code explains key concepts underpinning the Act and goes into some detail on the broad range of duties that guardians will carry out. The aim is that it will assist guardians to understand their responsibilities and equip them to meet their duties. It also aims to explain their powers and the limitations of those powers, as well as where guardians can turn for help. Once the content of the rules and regulations has been settled in the light of the consultation responses, we will include them in the code of practice. The code will be an important resource for guardians and people dealing with them. We intend to lay a draft before Parliament at least 40 days before it is issued, but in the meantime we intend to publish a revised draft in response to the consultation.

I will now address one of the points made by the hon. Member for Islwyn—my pronunciation of the name of his constituency will get better one of these days—in respect of relationships with financial institutions, both in the lead-up to the Act and once the Act is fully in force. Financial institutions are already getting engaged with this process and getting on board with these changes. Officials are ensuring that there is strong engagement directly with financial institutions to discuss setting up new systems for the process in guardianship cases, to ensure that it is as simple and efficient as possible for those who have to go through the pain of this situation.

The designation of the High Court, which I mentioned, will require a statutory instrument.

[Jim Shannon]

I want to refresh the Minister’s memory about one the requests I made to him, on the back of which the hon. Member for Islwyn (Chris Evans) came in as well. The Police Service of Northern Ireland has a statistical central catalogue of all the missing people, and it periodically publishes their names in the provincial press to remind people. I know it is not the Minister’s direct responsibility, but could he ask the correct Minister about having a central location for a catalogue of those who have gone missing across the United Kingdom of Great Britain and Northern Ireland? That would ensure that people could look at it whenever they want. Would he also take on the idea suggested by the hon. Member for Islwyn about having copies of a photograph of these people? That could be done in conjunction with a person’s family. It would highlight missing people on a regular basis, and may jog people’s memories to give a bit of evidence, which may make a difference.

[Edward Argar]

The hon. Members for Strangford and for Islwyn—if I keep saying it, I will get it right—have both made powerful points, which I am happy to explore with ministerial colleagues.

The designation of the High Court will require a statutory instrument. I hope that when we get to the stage of having to lay those pieces of delegated legislation, we preserve a bipartisan and non-party political approach, to ensure that we get the regulations right and get them through as swiftly as we can.

Before finishing, I place on record my thanks to the charity Missing People, which has continued to engage with the Ministry in the preparation of the consultation and the draft legislation, and which has kindly acted as an intermediary to collect and collate responses to the consultation from families it knows who have been directly affected by people going missing.

In conclusion, I thank the hon. Member for Enfield, Southgate for bringing the topic of guardianship of missing persons before us today. I thank all the hon. Members who have taken part and who have pursued the issue, both today and over many months and years. I also thank you, Mr Hollobone, for chairing the debate. The Act is not only needed and practically important, but quite simply the right thing to do. There is still more work to do to implement the Act in July, but I and the Government know how important this legislation is to many families, who do not have any legal recourse at the moment, and I will do everything in my power to ensure that, in July, we make the ambition and intent of this Act a reality for our country, our communities and those who suffer the dreadful pain of a loved one going missing.

Oral Answers to Questions

Edward Argar Excerpts

Tuesday 5th February 2019 Commons Chamber

[Robert Halfon (Harlow) (Con)]

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

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

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

[Robert Halfon]

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

[Edward Argar]

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

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

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

[Edward Argar]

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

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

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

[Edward Argar]

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

[Gloria De Piero (Ashfield) (Lab)]

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

[Edward Argar]

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

--- Later in debate ---

[Mike Wood (Dudley South) (Con)]

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

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

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

[Huw Merriman]

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

[Edward Argar]

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

[Mike Wood]

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

[Edward Argar]

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

[Mary Robinson (Cheadle) (Con)]

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

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

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

[Mary Robinson]

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

[Edward Argar]

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

[Derek Twigg (Halton) (Lab)]

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

[Edward Argar]

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

[Fiona Bruce (Congleton) (Con)]

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

--- Later in debate ---

[Bill Esterson (Sefton Central) (Lab)]

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

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

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

[Bill Esterson]

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

[Edward Argar]

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

[Mr Speaker]

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

--- Later in debate ---

[Mr Speaker]

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

[Edward Argar]

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

[Jim Shannon]

rose—

--- Later in debate ---

[Edward Argar]

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

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

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

[Edward Argar]

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

[Mohammad Yasin (Bedford) (Lab)]

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

--- Later in debate ---

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

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

[Mary Glindon (North Tyneside) (Lab)]

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

Oral Answers to Questions

Edward Argar Excerpts

Tuesday 18th December 2018 Commons Chamber

[Colin Clark (Gordon) (Con)]

T3. Will the Minister update the House on progress towards the abolition of the same roof rule?

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

I am grateful to my hon. Friend for that question. Further to the Secretary of State’s answer a few moments ago and the tabling today of the written ministerial statement on the review of the overall scheme, let me say that earlier this year we committed to remove the pre-1979 same roof rule more swiftly. In that context, I pay tribute to the work of the hon. Member for Rotherham (Sarah Champion) in her campaign on this issue. As the Secretary of State has said, we anticipate, subject to the parliamentary timetable, to be able to lay an order as swiftly as possible.

--- Later in debate ---

[Vicky Ford (Chelmsford) (Con)]

T5. In Chelmsford, the police, the Crown Prosecution Service and the youth offender programme have occasionally recommended that a young offender be placed on a curfew in order to safeguard that young person from being further targeted by criminal gangs, but sometimes the magistrates are not fully aware of the circumstances and overturn the curfew. May I encourage Ministers to encourage the magistrates to work more closely on sharing information between services, so that the full information can be taken into account?

[Edward Argar]

It is of course for magistrates to make decisions and they do have the right to overturn recommendations. However, as my hon. Friend says, when making those decisions, they should be in possession of the full facts from the youth offending teams, the police and the CPS. She is right to highlight the importance of information sharing and sharing that information in good time. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), and I continue to work on that.

[Richard Burgon (Leeds East) (Lab)]

The Government’s ideological experiment of privatising probation has been a calamitous failure. It was such a flawed idea that even this Government have had to cancel the current private contracts, which were costing the public more and more money while leaving them less and less safe. Yet the Government are set to re-tender those contracts back to the private sector. Interserve is currently the largest probation provider, supervising 40,000 offenders, yet it is now in rescue talks, trying not to become the next Carillion. So will the Justice Secretary commit today to ensuring that Interserve is not awarded any of the new private probation contracts?

--- Later in debate ---

[Edward Argar]

I welcome any initiative that aims to combat knife crime by educating young people about the potentially devastating impact it can have, not only on victims and their families but on the perpetrators themselves. I pay tribute to the work that my hon. Friend has highlighted and would be happy to learn more about it. We must all do more to tackle serious violence, which is exactly what the Government are doing.

[Mr Speaker]

In the name of fairness to colleagues, those asking a question should confine themselves to a single short sentence.

[Wera Hobhouse (Bath) (LD)]

T8. What discussions has the Minister had with the Home Secretary on the use of Clare’s law in cases where a restraining order has been granted through a civil process, which puts the onus on the victim?

[Edward Argar]

I am grateful to the hon. Lady for that question. She rightly highlights a very important issue. I work closely with my opposite number in the Home Office, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), on tackling domestic abuse. We will be publishing a draft domestic abuse Bill and consultation response shortly. In respect of the hon. Lady’s specific point, I am very happy to meet her and discuss it further.

[Mr Philip Hollobone (Kettering) (Con)]

With which specific countries are the Government negotiating new compulsory prisoner transfer agreements?

--- Later in debate ---

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Will the Secretary of State commit to implementing the recommendations of the independent Mental Health Act review to reform mental health tribunals and will the Government commit adequate resourcing to the recommendations?

[Edward Argar]

As the hon. Lady will be aware, the Government have welcomed the independent review of the Mental Health Act and have rightly committed to reform mental health legislation. Some of the review’s recommendations, as she alludes to, have particular implications for civil justice and particular reforms to the Mental Health Tribunal. My Department is working closely with the Department of Health and Social Care to consider the review, its recommendations and implications in detail and we will respond shortly.

[Chris Elmore (Ogmore) (Lab)]

Today, it has been confirmed that three quarters of all Welsh female prisoners are serving a custodial sentence of less than six months. There is no women’s centre in Wales, so may I ask the Minister to introduce new funding for a women’s centre in Wales, so that we are able to have different ways of putting women forward, other than custodial sentences, because it is not working?

[Edward Argar]

The hon. Gentleman makes an important point. Something that runs through our female offender strategy is moving away from short sentences to alternative provisions. He highlights a particular issue in the context of Wales. It is something on which I have had discussions with the previous Cabinet Secretary, Alun Davies, and I look forward to meeting his successor in that role to have further discussions.

[Lucy Powell (Manchester Central) (Lab/Co-op)]

Many of those convicted of murder under joint enterprise thought that they would be able to seek appeals of their convictions after the Supreme Court ruling that the law had taken a wrong turn. However, the recent loss of the Laura Mitchell case, the first brought by the Criminal Cases Review Commission, has shown that the appeal bar is impossibly high. What will the Government do about that?

--- Later in debate ---

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

Ofsted’s recent annual report yet again raised its concerns about high levels of violence in children’s secure training centres. The use of pain-inducing restraint techniques in youth prisons and right across the secure estate has been found to carry up to a 60% chance of causing serious injury to children. This is Government-sanctioned abuse of children. When is it going to end?

[Edward Argar]

As the hon. Lady will be aware, we have commissioned an independent review, which is being led by Charlie Taylor. I look forward to receiving his report in due course.

[Andy Slaughter (Hammersmith) (Lab)]

When we debated legal aid last month, the Minister was expecting to publish the LASPO review before Christmas. It is already eight months late, so will she tell us the date on which it will now be published? Why are we not getting it until next year? What is the reason for the delay?

Criminal Injuries Compensation Scheme

Edward Argar Excerpts

Tuesday 18th December 2018 Written Statements

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

Today I am pleased to publish the terms of reference for the review of the criminal injuries compensation scheme.

Compensation has long been an important part of the Government’s response to supporting victims of violent crime, and the criminal injuries compensation scheme provides payments to those who have suffered serious physical or mental injury as the direct result of violent crime. Our scheme remains one of the most generous in Europe—something of which we can be rightly proud. While no amount of money can ever repair the harm done to an individual through violent crime, we know that compensation offers an important public acknowledgment for victims of the harm they have suffered. Compensation, alongside victims’ services and other practical and emotional support, helps victims of violent crime to start to rebuild their lives.

In 2017-18, the Criminal Injuries Compensation Authority made decisions on over 40,000 applications, and paid out £154 million in compensation awards. It is essential that the scheme continues to offer access to compensation for victims injured through violent crime, and in considering whether the current scheme remains fit for purpose, we will be driven by the following principles:

Compensation should be protected for those most seriously affected by their injuries, including in cases where injuries are not immediately evident nor their impacts easily quantifiable.

Compensation offers a public acknowledgment of harm suffered by victims of violent crime.

Compensation is an important part of Government provision of end-to-end support for victims of violent crime, which also includes emotional and practical assistance for victims.

The scheme offers support for victims of violent crime who have been unable to seek compensation by other means.

The scheme complies with domestic and international legal obligations to provide compensation for victims of violent crime.

The review will examine, specifically, the scope of the scheme, the eligibility rules, requirements in relation to decision making, and the value and composition of awards. This will include looking at the balance the scheme strikes between serious and less serious physical and mental injury, and the impact of the scheme’s rules on particular groups of individuals, including victims of child sexual abuse and victims of terrorism. We will also take this opportunity to consider whether the scheme can be further simplified to provide easier access to compensation for eligible victims. We will also consider issues of affordability and financial sustainability.

A copy of the terms of reference for the review will be placed in the Libraries of both Houses and will be available online at www.gov.uk. We intend to publish a full consultation on the reform proposals in 2019.

[HCWS1198]

Chief Coroner’s Fifth Annual Report

Edward Argar Excerpts

Thursday 13th December 2018 Written Statements

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

I am pleased to lay and publish the Chief Coroner’s fifth annual report to the Lord Chancellor on the operation of coroner services under section 36 of the Coroners and Justice Act 2009 (“the 2009 Act”). The report covers the period 1 July 2017 to 30 June 2018.

In particular the Chief Coroner’s report sets out:

the continuing work to promote consistency in the resourcing of and practices in coroner offices across England and Wales;

the training and guidance that coroners and their officers have received and the engagement with a wide range of stakeholders;

recommendations to improve coroner services further.

I am very grateful to His Honour Judge Mark Lucraft QC for building so effectively on his first year’s achievements.

I am grateful, too, to all coroners and their officers and other staff, for having supported the Chief Coroner to improve services for bereaved people and for their valued and continuing frontline work.

Copies of the report will be available in the Vote Office and in the Printed Paper Office.

The document will also be available online at:

https://www.gov.uk/government/publications/chief-%20coroners-annual-report-2017-to-2018.

[HCWS1183]

Oral Answers to Questions

Edward Argar Excerpts

Tuesday 13th November 2018 Commons Chamber

[Chris Elmore (Ogmore) (Lab)]

19. What recent steps he has taken to implement the female offender strategy.

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

Our female offender strategy, which was published in June, is clear that, while custody should always be an option when the severity of the crime justifies it, we wish to see fewer women sentenced to prison for short periods, and we set out a plan to deliver robust and effective alternatives to custody. Last week, the Secretary of State and I announced the allocation of the first tranche of funding, totalling £3.3 million, to organisations around the country doing great work to further drive forward the implementation of the strategy.

[Chris Elmore]

Today’s Guardian reports research by Dr Laura Abbott, a specialist midwife and senior lecturer at the University of Hertfordshire, who found that some female offenders give birth in prison cells and do not have access to midwives, even when babies are born prematurely or breech. I am sure the Minister agrees that that is a serious flaw in the medical treatment female offenders receive. If we are to get female offending right and improve outcomes, we must start with very basic maternity services.

[Edward Argar]

The hon. Gentleman is right to highlight the report by Dr Abbott referred to in The Guardian, which I read about this morning. I reassure him that our key focus is ensuring that all prisoners, female and other, have access to the medical services they need.

[Richard Graham (Gloucester) (Con)]

rose—

--- Later in debate ---

[David T. C. Davies (Monmouth) (Con)]

T2. What is the Ministry of Justice doing to ensure that female prisoners can never again be assaulted on the female estate by male prisoners who claim to be transgender?

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

My hon. Friend raises a very important issue. It is important that all prisoners are treated with respect, but it is also vital that the safety of all prisoners is prioritised. Detailed procedures are in place in Prison Service instruction 17/2016 to do that in respect of transgender prisoners. The offences at New Hall are very serious and we are looking at how those rules were applied in that case. In the light of that, I can confirm that I continue to look carefully at the content and application of PSI 17/2016.

[Mr Speaker]

I do not know whether the hon. Member for Monmouth (David T. C. Davies) knows this yet, but I do know that he will shortly introduce an Adjournment debate on this matter. His views, and the views of others—which, in many cases, are different—will therefore be heard at rather greater length before very long.

--- Later in debate ---

[Jeremy Lefroy (Stafford) (Con)]

A firework factory explosion in my constituency killed two members of the public and there was a criminal conviction as a result. The widow of one of those people applied to the criminal injuries compensation scheme, but was refused. Will my hon. Friend look at the scope of the scheme to ensure that such injuries are included in future?

[Edward Argar]

I was very sorry to hear about the circumstances that my hon. Friend has outlined. As he will know, we have announced a review of the scope, affordability, sustainability and rules of the criminal injuries compensation scheme, but I shall of course be happy to meet him to discuss the specifics of that case if he wishes.

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

T3. The criminal justice system is on its knees. The police and the Crown Prosecution Service are failing to make important disclosures in criminal proceedings because they do not have the necessary staff. Defendants are representing themselves, often in complex cases, because they have failed to qualify for legal aid. Interpreters are not turning up because the system is broken. Solicitors and barristers are leaving the professions and are not being replaced. The failed probation privatisation project has caused chaos and is putting people at risk. Family proceedings are just as chaotic. When will the Government do something about our once proud justice system? When will they get a grip and end austerity in the system?

--- Later in debate ---

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

T9. Will sentencing women to the proposed new residential women’s centres rather than to prison custody require a change to the sentencing framework and/or new legislation? If so, will the Minister commit to consulting widely with the sector before bringing forward the reforms?

[Edward Argar]

The proposals in the female offenders strategy, which I look forward to working across the House in implementing, are clear in that they are giving the judiciary alternative routes to custody. We are working on the implementation of those proposals now, and I would be happy to meet the hon. Lady to talk about her specific views on this, if she wishes to do so.

[Neil O’Brien (Harborough) (Con)]

Amazon and eBay are selling tiny mobile phones that are explicitly marketed for their ability to be smuggled into prisons. Does the Minister agree that they are abetting criminality and that they must stop doing this?

Secure Schools

Edward Argar Excerpts

Wednesday 31st October 2018 Written Statements

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

Today, I am publishing guidance on “How to Apply to Run a Secure School” launching the provider selection process for the first school. This follows our acceptance of, and commitment to delivering Charlie Taylor’s secure schools proposal in December 2016 and the Secretary of State’s announcement on 2 October 2018 of the site for the first secure school.

In the Government response to Charlie Taylor’s review, we committed to tackling violence and improve outcomes for children in custody. By creating the first secure school, we are taking a major step towards delivering a truly reformed youth custodial estate that is fit for purpose, characterised by the principles set out in the Taylor review. That is:

child-focused providers

strong leaders with freedom and autonomy

a specialised workforce offering bespoke provision for individual children that has education, health, care and physical activity at its heart.

Secure schools will be run by academy trusts, not-for-profit organisations that are limited by guarantee. With secure schools, we want to place education and health at the heart of youth custody and create a therapeutic environment for the children in our care. It is imperative that the successful provider is driven to work with children in crisis.

We have worked in partnership with the Departments for Education and Health and Social Care, as well as NHS England, to achieve a truly cross-governmental commitment and approach to reforming youth justice. We have also engaged wholeheartedly with a wide range of stakeholders, and this has enabled us to benefit from insightful feedback from experts across the youth justice and education sectors. This means we can confidently say that the secure schools model is shaped by best practice and what we know really works.

We know that children in custody display a wide range of complex needs, so it is crucial that we provide the right type of education, support and care to address those needs. By empowering secure school providers to make key decisions, like being able to set and adapt the curriculum and timetable to provide meaningful activities, we can offer a bespoke service that best meets each child’s individual needs.

Giving providers the autonomy necessary to deliver services in an innovative way is a key part of the secure schools vision, but they will also be subject to a high level of accountability to ensure appropriate safeguards are in place. We are working closely with Ofsted and the Care Quality Commission to establish the inspection regime for secure schools, and this will be supplemented by monthly independent visitor reviews and independent oversight from organisations such as the local safeguarding children’s board.

We agree with the importance that David Lammy’s review on the treatment of, and outcomes for, black, Asian and minority ethnic individuals in the criminal justice system places on addressing disproportionality in the youth justice system. With Charlie Taylor’s vision of seeing the child first and the offender second, we want secure schools to enable all students, including those from black, Asian and minority ethnic backgrounds, to have trust in the system and be able to access the meaningful support they need to make sure their offending does not continue into adulthood.

The decision has been taken to close Medway and reopen it as a secure school. Delivering the first secure school at this site will provide a fresh start for youth custodial provision in the south-east and ensure that provision remains in place in this crucial area of demand. The closure will enable us to set up the first school as quickly and cost-effectively as possibly, and it is a first step towards our future vision for youth custody. I would like to pay tribute to the hard work of staff whose work over the last two years has resulted in improvements for people living and working at Medway. These were recognised in a recent Ofsted report, which praised the care and consideration given by staff to improving Medway.

Secure school academy trusts will be funded in line with the terms set out in a funding agreement. They must adhere to this agreement and to the academies financial handbook. Academies are also subject to company law which requires that they have clear published frameworks for accountability. They are also subject to a system of independent audit of their accounts however secure schools will be subject to greater financial oversight.

The how to apply guidance is available at:

https://www.gov.uk/government/publications/secure-schools-how-to-apply.

[HCWS1052]