Oral Answers to Questions

Debate between Edward Argar and Robert Neill

Tuesday 9th January 2024 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I will not go on about how I might have got people into Wormwood Scrubs in the past in one way or another—[Interruption]—and, indeed, got some of them out!

I am sure the Minister will know that a key point that comes up time and again in reports from His Majesty’s chief inspector of prisons, and when issues are raised by the Justice Committee, is the lack of purposeful activity. The physical estate is part of that problem, but so are issues relating to staffing and access to education and other provision. Is it perhaps time for a strategy for the whole of the Prison Service with rehabilitation at its centre, and might not one solution to the problem be a statutory definition of the purposes of prison, of which rehabilitation—along with protection of the public—would be a key part? Would that not be a way of holding people’s feet to the fire in order to deliver rehabilitation in the public interest?

[Edward Argar]

I shall certainly be happy to have that discussion with my hon. Friend if he feels that it would be useful. He is right to highlight the importance of adequate staff numbers, but I should point out that they have increased by 6.7% in the past year. I am also happy to tell him that this month we are launching the national regime model, which will require prisons to set out ambitious plans for dedicated purposeful activity—time out of cell. That will indeed hold their feet to the fire, because, as we know, such a regime is central to rehabilitation.

Victims and Prisoners Bill

Debate between Edward Argar and Robert Neill

Report stage
Monday 4th December 2023 Commons Chamber

[Edward Argar]

It is a pleasure to bring this debate on the Victims and Prisoners Bill Report stage to a close. I am particularly grateful for the co-operative and constructive spirit in which the debate has taken place, and for the broad support received for the Bill so far. Given the number of contributions that have been made, I will endeavour to cover them thematically. I am afraid I will be brief, and I apologise to any right hon. and hon. Members whose contributions I do not address directly.

The hon. Member for Walthamstow (Stella Creasy) spoke with considerable and typical courage, and in her typically forthright way. I say to her that I and the appropriate Minister will be happy to have further discussions with her on the issues she raised.

The hon. Members for Chesterfield (Mr Perkins) and for Rotherham (Sarah Champion) talked about stalking in the context of Gracie Spinks. As a fellow east midlands Member of Parliament, I am very familiar with that case; we see updates on it regularly on “East Midlands Today”. The hon. Member for Chesterfield highlighted the recent work and publication by the Suzy Lamplugh Trust, which we will look at very carefully. I know that the Minister for victims, my hon. Friend the Member for Newbury (Laura Farris), will look carefully at what is contained in the report.

My right hon. Friend the Member for Basingstoke (Dame Maria Miller) raised the issue of non-disclosure agreements. We are sympathetic to the concerns raised and will be carefully considering with the Department for Business and Trade how best to take this forward, including considering legislation. We will provide an update in the new year.

The duty of candour was raised by the shadow Minister, the hon. Member for Cardiff West (Kevin Brennan), and I am grateful for his typically reasonable tone throughout his contribution. The full position on the duty of candour will be set out shortly in an oral statement setting out the Government’s response to Bishop James Jones’s report. To respect the process, we cannot pre-empt that statement prior to it taking place on Wednesday. However, the Criminal Justice Bill, which is before the House already, includes an organisational duty of candour aimed at chief officers of police, making them responsible for ensuring that individuals within their remit act appropriately and with candour. We believe that that legislative vehicle, and that legislation, is the right place for that important debate to take place.

My hon. Friend the Member for North East Bedfordshire (Richard Fuller) and the shadow Minister talked about free legal advice for victims of rape. The Law Commission is currently considering the merits of independent legal advice as part of its wider review on the use of evidence in sexual offences prosecutions. This is an important issue, but we believe that we should receive and consider the findings of that extensive piece of work before committing to further action.

I turn now to amendments 142 to 144 and new clauses 27 and 42. I am grateful to the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) and the shadow Minister for raising this extremely important topic. The infected blood scandal should never have happened. My thoughts, and I believe those of the whole House, remain with those impacted by this appalling tragedy. I confirm on behalf of the Cabinet Office, which is the lead Department, that the Minister for the Cabinet Office will make a statement ahead of the House rising for Christmas on Government progress on the infected blood inquiry, and that we will commit to update Parliament with an oral statement on next steps within 25 sitting days of the final report being published.

We have studied carefully the proposals made by the right hon. Lady, which are supported widely across the House. The Government, as she said, have already accepted the moral case for compensation, and we are grateful for the work of Sir Brian Langstaff. We have great sympathy with new clause 27 and the intention to ensure that the legal groundwork is in place to enable a delivery body to be established. I therefore confirm that, when the Bill reaches the Lords, we will bring forward our own amendment, which will put in place the necessary legislative framework and timescales for a delivery body for compensation for the victims of infected blood to be established, in line with the overall objectives set out in her new clause. That will ensure that the Government can move quickly, as soon as the inquiry reports.

I turn to IPP prisoners. While I appreciate that the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), would wish us to go further with resentencing, I believe that we have made considerable progress in what we have set out to the House.

[Sir Robert Neill]

I have listened to what has been said by Front-Bench Members on both sides, but they will have heard what was said by Back-Bench Members and the strength of feeling that more needs to be done. Before the Bill goes to the Lords, where this matter will certainly be raised, will the Minister meet me and other concerned Members to discuss further ways in which we may find a formula that will take this measure further forward?

[Edward Argar]

I am grateful to my hon. Friend. We will listen carefully to what their noble lordships say when the matter comes before them, but I am always happy to meet him to discuss this matter and others.

Amendment 28 and new clause 10 would include people who have suffered harm as a direct result of criminal conduct related to sewage and waste water in the definition of a victim, and introduce a sewage illness compensation scheme. Let me be clear that the Government and the Secretary of State for Environment, Food and Rural Affairs, as the lead Minister, take the issue of water quality extremely seriously, and sewage being discharged into our waterways is completely unacceptable. That is why we are the first Government to take such significant action on this issue, with record fines, new powers to hold water companies to account and the largest investment programme in water company history to tackle overflows once and for all, totalling £60 billion.

We understand that criminal conduct relating to sewage and waste water can have a significant impact on individuals. Where individuals have been impacted by water quality or suffered harm, they will be able to access support services where the issue fits the eligibility criteria. I reassure the hon. Member for Westmorland and Lonsdale (Tim Farron)—we may not always agree, but he knows that I have a lot of respect for him as a Member of this House—that there are existing routes for individuals who suffer harm as a result of criminal conduct to seek compensation where there is evidence of personal injury, loss or damage. Those can be pursued through criminal proceedings, where a compensation order can be sought, or through separate civil proceedings through our legal system. Water companies must not profit from environmental damage. That is why the Government support Ofwat’s new rules on water company dividends and bonuses so that consumer bills never reward pollution.

I turn briefly to antisocial behaviour. I, like everyone else, recognise the significant impact that persistent antisocial behaviour can have on individuals and whole communities. We are committed to supporting the victims. That is why we are bringing forward a number of important measures through the Criminal Justice Bill, introduced to the House on 14 November, to tackle the core concerns raised in this Bill’s Committee. We consider that the best and most appropriate vehicle in which they can be considered.

Finally, new clause 43 tabled by the hon. Member for South Shields (Mrs Lewell-Buck) would give relatives the ability to register the deaths of their loved ones following a major incident. As she set out, the proposed changes to digitise death registration would mean that the approach adopted of a signature, which we have discussed, would not necessarily work. We cannot support the new clause as drafted, but we are incredibly sympathetic to its purpose. I can confirm that the Government intend to launch a full public consultation on the role of the bereaved in death registration following an inquest, including those impacted by a major disaster. I look forward to working with her and the families who have been so dreadfully impacted in the past. I am grateful to all Members for their positive contributions.

Oral Answers to Questions

Debate between Edward Argar and Robert Neill

Tuesday 12th September 2023 Commons Chamber

[Edward Argar]

I am always happy to meet the hon. and learned Lady.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

The reputation of our justice system depends on the independence, integrity and professionalism of our judges. At the end of this month, the right hon. Lord Burnett of Maldon will retire as Lord Chief Justice, to be succeeded by Dame Susan Carr, who will be the first ever female Lord Chief Justice. Will the Minister place on the record in this House his appreciation, and all our appreciation, of Lord Burnett for the exceptional leadership he has shown to the judiciary throughout his term in office?

[Edward Argar]

I am grateful to my hon. Friend. I know the Lord Chief Justice and I am very happy, on behalf of His Majesty’s Government and all those on the Government Front Bench, to do exactly as my hon. Friend says: to pay tribute to Lord Burnett’s exemplary period as Lord Chief Justice.

Oral Answers to Questions

Debate between Edward Argar and Robert Neill

Tuesday 27th June 2023 Commons Chamber

[Edward Argar]

Significant work is under way across the system to tackle victim blaming and disproportionate attention on victim credibility. As part of that, we developed Operation Soteria, which ensures that officers and prosecutors are focusing their investigations on the behaviour and offending pattern of suspects, rather than on subjective judgments of victims’ credibility. I am happy to meet the hon. Lady if she would like to discuss this further.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Will the Lord Chancellor confirm that it remains the Government’s intention to update and modernise our human rights law as necessary, but to do so while firmly remaining in adherence to the convention on human rights?

Oral Answers to Questions

Debate between Edward Argar and Robert Neill

Tuesday 21st February 2023 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

The Minister is right to emphasise the importance of bearing down on these dreadful offences. Has he seen the research published this week in the Criminal Law Review based on the largest ever dataset of Crown court cases, which suggests that convictions for rape have risen markedly since 2018 and now stand at 75%, against an increase in charging as well, and that the conviction rate for rape and serious sexual offences is now higher than for other offences of violence against the person? That is important information. That work was carried out by Professor Cheryl Thomas, who is regarded as the leading academic expert on juries, using the largest ever dataset. Does the Minister agree that we should take that into account when we consider how best to take forward our policies to bear down on these serious offences—using up-to-date information to adjust our policies?

[Edward Argar]

My hon. Friend is absolutely right. I confess that while I am aware of the Criminal Law Review article, I have yet to read it in full. I will certainly do so, given his strong recommendation. He is right to highlight what it says, which is that significant progress has been made, and that it is important to base our debates on this hugely emotive and important subject on evidence. A lot has been achieved, but there is still more to do.

Health and Care Bill

Debate between Edward Argar and Robert Neill

Consideration of Lords amendments
Monday 25th April 2022 Commons Chamber

[Edward Argar]

The hon. Gentleman is right to highlight the work we are already doing, which I will address in a moment, and the number of nurses we have recruited. I believe we have now recruited 29,000 or so en route to our target of 50,000 more nurses by the end of this Parliament.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Will my hon. Friend give way?

[Edward Argar]

I will make a little progress, if I may—a few more paragraphs—as I am very conscious of allowing time for Back-Bench colleagues to speak.

Building on this work, we recently commissioned NHS England to develop a workforce strategy. We will set out the key conclusions of that work in due course. In addition, we have committed ourselves to merging Health Education England with NHS England to bring together responsibility for service, financial and workforce planning in one organisation. We will continue to grow and invest in the workforce. There are record numbers of staff, including nurses, working in the NHS.

[Sir Robert Neill]

I am grateful to the Minister for giving way. He will know of my interest as chair of the all-party parliamentary group on stroke, and he will be aware of the particular concern of the Stroke Association and others about the number of qualified therapists to provide the therapy people need after a stroke. Will he commit himself to that being part of the workforce strategy and to moving swiftly? This is already a pressing problem for stroke survivors who are not getting the care they need.

[Edward Argar]

I reassure my hon. Friend that my right hon. Friend the Secretary of State has made it clear that he wishes the whole health and care workforce landscape to be considered by Health Education England.

The growth in our workforce comes on the back of our record investment in the NHS, which is helping to deliver our manifesto commitments, as I said to the hon. Member for Strangford (Jim Shannon), including our commitment to 50,000 more nurses by the end of the Parliament. The spending review settlement will also underpin funding for the biggest ever intake of undergraduate medical students and nurses.

Although I might not be able to say anything sufficient to fully convince my right hon. Friend the Member for South West Surrey (Jeremy Hunt), I put on record my gratitude to him not only for the insight, expertise and knowledge he has brought to our debates on this issue but for the typical courtesy he has displayed throughout our interactions and conversations. I do not know what he will say in a moment, but I have tried to pre-empt him. I hope that he may be tempted to stick with it.

I hope that the House will recognise that the Government are already doing substantial work to improve workforce planning, and that placing a requirement such as Lords amendment 29B on the statute book is therefore unnecessary.

Health and Care Bill

Debate between Edward Argar and Robert Neill

Report stage
Monday 22nd November 2021 Commons Chamber

[Matt Hancock (West Suffolk) (Con)]

rose—

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

rose—

[Edward Argar]

If I may make a little progress, I will then give way to my former boss, the former Secretary of State, and then, if I have time, to my hon. Friend.

To reiterate, as my right hon. Friend, the Prime Minister, said on 7 September, nobody—nobody—will be “worse off” than under the current system. Currently, around half of all older adults in care receive some state support for their care costs. This will rise to roughly two thirds under these reforms. This clause would also make a number of minor technical amendments to other sections of the Care Act 2014.

--- Later in debate ---

[Edward Argar]

I am grateful to the former Secretary of State. He is absolutely right. We deal in the reality and we should compare the reality of the system that we have in place now with what we have proposed here, which not only moves us forward, but is funded and sustainable.

[Sir Robert Neill]

Can my hon. Friend help me on two short matters? Can he give us an assurance that there will be no adverse impact on local government financing in relation to this, and that he will talk to the Local Government Association, if necessary, in this regard? Secondly, he says that it is part of a package. My right hon. Friend the Member for Ashford (Damian Green) referred to the impact assessment. Does he agree that it is only fair that, at the very least, we have an impact assessment before the Bill completes its passage through both Houses?

[Edward Argar]

Yes, of course, as we move through this reform process, it is absolutely right and vital that we work with our partners in the Local Government Association and local authorities of all political complexions. In respect of the impact assessment, I do believe that it is important that we have an impact assessment before this legislation completes its passage through both Houses.

Covid Contracts: Judicial Review

Debate between Edward Argar and Robert Neill

Wednesday 24th February 2021 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

The judge very clearly found that there was a breach in relation to one matter: the 17-day average delay. He rejected the suggestion that there was a systematic failure. He rejected the suggestion that there is any impropriety in the system for awarding the contracts and did not impugn any of the contracts themselves or the process by which they were awarded. Most lawyers would know that this was a technical breach, as it has been described, albeit a breach. Is not the real moral of this that when those of us in politics seek to comment upon judgments, it is a good idea to actually read the judgment first and understand the law on which it is based, rather than grandstanding inaccurately, as has too often been the case here?

[Edward Argar]

I am grateful to my hon. Friend for his comments. He is absolutely right to highlight what this judgment actually said. It found, in what had to be a binary judgment—either it was complied with or it was not—that the Government failed to comply with the 30-day publication timing for all contracts. He is right: the judge rejected the suggestion of any policy of deprioritisation. I read the 40 pages of Justice Chamberlain’s judgment, including the setting out of the different cases put by the two parties, the discussion of it and then, crucially, his findings on it. I would advise all Members who take an interest in this issue to do exactly the same thing, because legal judgments are rarely as clearcut or as simple as some commentators and others might wish to suggest.

Oral Answers to Questions

Debate between Edward Argar and Robert Neill

Tuesday 4th June 2019 Commons Chamber

[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?

Oral Answers to Questions

Debate between Edward Argar and Robert Neill

Tuesday 23rd April 2019 Commons Chamber

[Edward Argar]

I am grateful to the hon. Lady for her question. I know that she has a sustained interest in this area. She will be aware that we increased funding for specialist rape and sexual abuse support services, including for child sexual abuse, from April this year. That means a 10% increase in funding, a move to three-year rather than annual settlements, and support for 96 centres across England and Wales—the highest number that the MOJ has ever funded—ensuring that support services are available in each of the police and crime commissioner areas.

[Robert Neill (Bromley and Chislehurst) (Con)]

The law regarding the sentencing of offenders has grown piecemeal and become ever more complex, even for experienced judges and practitioners. Bearing that in mind and noting that comparatively uncontroversial legislation is being sought for a future Queen’s Speech, would not paving legislation for the Law Commission’s sentencing code consolidation Bill absolutely fit the bill?

Disclosure of Youth Criminal Records

Debate between Edward Argar and Robert Neill

Thursday 28th March 2019 Westminster Hall

[Edward Argar]

I take the right hon. Gentleman’s point. I am not aware of any Department not doing it. There may be some roles, perhaps in the policing or security aspects of Government, where there might be more complex considerations. I undertake to write to him with a clarification on that in due course, when I will answer a number of his other questions.

[Robert Neill]

Further to that point, will the Minister also commit to letting us know whether any of the Ministry of Justice’s contractors are not operating Ban the Box? The Ministry has considerable procurement leverage in these matters. Subject to the caveats about security, we would like to know that, too.

[Edward Argar]

I am happy to include that, if it is appropriate, when I write to the right hon. Member for Delyn—I will copy it to the Chairman of the Justice Committee, who makes a good point. I do not know whether that data exists, but I will endeavour to get it. The right hon. Member for Delyn also asked, I think, about the direct impact on the Ministry of Justice. My understanding is that of those people with a previous conviction who applied through the approach that has been taken in the civil service since 2016, 92% subsequently secured employment, which is a positive outcome.

Beyond the guidance for employers, I am proud of the rehabilitative support we have offered in the past. As I say, I will write to the right hon. Member for Delyn with some detailed answers to his questions about the specific list of activities undertaken to ensure that responses and commitments went beyond responses and commitments and followed through into actions. One thing that he mentioned, to which I can respond directly now, is about the education and employment strategy, which was published in 2018 and was explicit, as I understand it, in referring to this. I will give him the detailed action plan that sits beneath the strategy.

I am proud of the rehabilitative support we offer to people who have offended in the past. Our education and employment strategy, published in 2018, sets out how we will transform our approach to ensure that those in the adult custodial estate develop the skills they need to secure employment on release. We are giving governors the power to commission education provision and engage with employers to take on ex-prisoners—for example, via the New Futures Network.

A number of hon. Members have mentioned the debate about the age of maturity and its impact on criminal justice. There is a live debate on whether it should be 18, 25 or somewhere in the middle, reflecting different scientific papers that have been put forward. I think that even the Lord Chief Justice has commented on this ongoing debate. It is something of which I am very much aware. A degree of caution needs to be exercised, if only because the age of 18 is when we deem people mature enough to enjoy certain rights and benefits. If we were to look at whether it should be 18 or 25, would that lead to a wider debate? If we are saying that someone is not criminally mature, what other rights and benefits come with a particular age? I am not setting out a particular view on that, but it does lead to a wider debate. We should not be afraid to engage in that, but we should be conscious of the wider implications.

As hon. Members have mentioned, the Supreme Court recently handed down its judgment in the case of P and others, which considered the disclosure regime. On the most fundamental point, the Court found—for the Government—that it was proportionate and practicable to make disclosure decisions in accordance with a clearly defined and unambiguous system, through the operation of legislative rules agreed by Parliament. However, as has been set out, the Court went on to find that two key features of the filtering regime are disproportionate as framed: the multiple conviction rule and the disclosure of youth reprimands and warnings. I will not recount the detail of how they operate, because hon. Members have already done so.

My Department is working closely with the Home Office to give proper consideration to the judgment. The Justice Committee’s report touched on something that is relevant. It highlighted the fact that responsibility in this area is split between the Ministry of Justice and the Home Office. Indeed, in some of the issues we have touched on, which I will turn to later, other parts of Government also have a relevant interest, the Ministry of Housing, Communities and Local Government being an obvious example.

I saw the Committee’s suggestion that placing responsibility on a single Department could enhance coherence. We did not accept that recommendation for a simple reason: we come back to the balance at the heart of the system, that balance between a focus on rehabilitation—giving people a second chance—and an element of public protection. Part of that sits with the Home Office and part sits with the Ministry of Justice, which can lead to a creative and hopefully positive tension and balance. Where we must strive to avoid problems is when that balance and those counter-positions or counter-interests can lead to things taking a lot longer than they might do otherwise. In a few moments I will turn to the matter of timing, because the Chairman of the Justice Committee is a deeply patient man but does not have infinite patience.

We work closely with the Home Office to give these things proper consideration. Although that judgment has been handed down, the order behind it has not yet been sent over to us. We await that order. When it is received, it is important that we are speedy and timely in addressing it.

[Robert Neill]

One thing that might be able to speed these matters along is for the issue to be discussed by the Criminal Justice Board, a mechanism that is there precisely to give an overview across the whole criminal justice system, and which involves the two principally concerned Departments and others. Will the Minister undertake to have it raised on the board’s agenda?

[Edward Argar]

I will raise that very good point with the Secretary of State, who sits on that board. Although I cannot go into the details in advance of that order, I can say, and Members can read into this what they will, that I generally find justices to be wise and sensible in their opinions. They consider what they say extremely carefully and open-mindedly. I believe, from my experience in this role so far, that when one receives a judgment from the Supreme Court, there are often opportunities to look at it in broad, rather than narrow, terms. I will endeavour to reflect on that when the order comes through.

We previously committed to considering the Committee’s recommendations for reform of the criminal records system on receipt of that judgment, and we remain committed to that, because it is appropriate for us to consider any recommendations about the disclosure regime in the light of that authoritative ruling. The Committee’s recommendations sit neatly alongside it, so it makes sense to consider them in the round.

I now turn to a number of issues that came up in the debate. I am grateful to the Committee for highlighting such a wide range of issues in its report, particularly on access to housing, travel and insurance. I recognise the acute impact that lack of access to those things can have, as well as the cumulative impact on children who have offended. I will take each of the points in turn, but before I do so, I pay tribute to the speech made by the hon. Member for St Helens South and Whiston (Ms Rimmer), who rightly highlighted the need for us to understand not just the requirements of a regime but the context for each individual. She highlighted the impact on the behaviour of young people who have been looked-after children, who have had adverse childhood experiences and who may even have been victims of child sexual abuse or other forms of abuse. That should be a consideration, and she was absolutely right to raise the issue. Those individuals have a passionate advocate in her. She made her point forcefully and well, and I will certainly reflect carefully on what she said.

The Committee’s report concluded that the criminal record system undermines the principles of the youth justice system. Although we do not share that view, the Committee’s work highlights further opportunities not yet taken that can enhance the principles and the work of the criminal justice system if we reflect on how the disclosure regime operates more broadly. Children who come into contact with the police and youth offending teams are some of the most vulnerable children in our societies, as the hon. Lady highlighted. We all agree that rehabilitation is important in improving their life chances. Society has a right to expect that we will do everything possible to ensure that all people with convictions desist from crime. Those who offended as children are no different. We have a particular responsibility to children who fall into the categories that the hon. Lady highlighted.

We know how important employment, education and other factors raised by the Committee are in enabling rehabilitation. The hon. Member for Lewisham West and Penge (Ellie Reeves) highlighted that issue and touched on some powerful examples. We are committed to supporting children to turn their lives around. In 2013, the coalition Government changed the law so minor offences no longer needed to be disclosed. It takes significantly less time now for offences committed by children, as opposed to those committed by adults, to become spent, after which they no longer need to be disclosed for most purposes. Those features of the disclosure regime all relate to the fact that children who offend are often highly vulnerable and might not be as mature as adults who do so. There has been progress, and the hon. Lady would expect me to say that, but given her comments about pre-emptive action, I will not say, “That’s progress. That’s job done. We are in the right place,” because I believe that there is clearly more to do.

The Committee raised concerns about equality and disproportionality. I am committed to reducing disproportionate outcomes for BAME children in the youth justice system, and I share the concerns voiced by the right hon. Member for Tottenham (Mr Lammy) in his 2017 report. I reassure the shadow Minister that we take that report incredibly seriously. Since I was appointed to this role last summer, I have met the right hon. Gentleman a number of times. We announced last November via the Cabinet Office the cross-Government “one year on” update on the progress that has been made in that area. I have regular roundtables with those with an interest in this issue to chase up progress. We have a director general in the Department who is directly responsible for bringing officials from a range of parts of the Department together to drive forward progress on reducing disproportionality and implementing the recommendations in the right hon. Gentleman’s report. That reflects the fact that I recognise the need for systemic change. A key focus is on explaining or changing disproportionate outcomes for BAME children in the justice system.

I am also aware of the over-representation of vulnerable groups with multiple and complex needs—particularly looked-after children, excluded children and those with mental health issues. Again, it is a fundamental priority for the youth justice system to ensure that those children receive the support and intervention they need to fulfil their potential.

A number of Members touched on the disclosure of police evidence. In our response to the Committee’s report, we noted that disclosure of police intelligence can be an important aspect of the regime. That was a key finding of the Bichard report after the Soham murders. It plays a vital part in ensuring that children and vulnerable adults are protected. The police cannot automatically disclose all intelligence. Disclosure of non-conviction information is subject to a statutory relevance test, so the chief officer has to consider whether the information is relevant and ought to be disclosed. That includes consideration of the individual’s age at the time of the offence, its seriousness and how long ago it occurred, but once again, as hon. Members have emphasised, the key is proportionality and relevance.

My Friend the Member for Henley (John Howell) touched on housing. Social housing is a precious resource, so ensuring that it is allocated fairly, as he set out, is crucial. We recognise the need to understand better how the allocation system is playing out in local areas, so we know whether it is striking the right balance between fairness, support and aspiration. In the social housing Green Paper, the Government propose an evidence collection exercise to help us to understand how the allocations framework is working across the country in different areas. Following that exercise, we will consider whether changes to legislation, regulations or statutory or best practice guidance are necessary, but we believe that making changes prior to having a clear evidence base would be premature. My Department continues to work closely with MHCLG colleagues to ensure that the points that my hon. Friend and others made, which are directly relevant in this space, are considered in that broader piece of work.

[Robert Neill]

I am grateful to the Minister for the constructive dialogue that we can have. In carrying out that evidence exercise, will he particularly bear in mind the evidence that we received from the Standing Committee for Youth Justice? Like me, the Minister comes from a background in London local government, and that organisation’s findings were that some 13 of the 30 London local authorities it looked at had housing policies that tended to have an unreasonable impact on the allocation of housing to former offenders. If, as he said, a pay cheque is one way of stopping offending, secure accommodation is another.

[Edward Argar]

My hon. Friend alludes to our shared past in London local government, where I first met him many years ago, when I had a little more hair and it was not quite so grey. He is absolutely right: I meet with the Standing Committee on Youth Justice and consider its reports and input with great care. It is for local authorities to ensure that their allocation schemes are lawful, taking account of any relevant decisions made by the courts. No authority may breach section 4 of the Rehabilitation of Offenders Act, which requires that a person who has a spent conviction be treated as if the offence was not committed.

My hon. Friend the Member for Henley also touched on education. As we set out in our response to the report, most higher education institutions are autonomous, independent organisations, and as such admissions are a matter for each individual institution. They are best placed to decide which applicants are the most suited for their organisations and the courses that they offer. Similarly, further education providers, including colleges, are independent organisations that can set their own entry criteria for qualifications, in line with those published by the qualification owner.

That said, we expect providers to take account of the Committee’s recommendation as part of a transparent admissions process. On universities, I am happy to say that for the 2018-19 cycle, UCAS has dropped the automatic requirement for all applicants to declare unspent convictions, regardless of whether they are relevant to the course for which the applicant is applying. The eligibility for Disclosure and Barring Service standard or enhanced certificates applies to work placements in the same way as other paid or voluntary employment. If a course does not involve a work placement that is eligible for a check, the university can only ask about unspent convictions.

Hon. Members raised the matter of insurance, the Association of British Insurers and other matters. The ABI published a good practice guide in 2011—it was updated in 2014—that sets out high-level standards of how insurers should treat people with convictions or related offences. The guide makes it clear that insurers should not ask for spent convictions. When an insurer is unable to provide full or any cover because of a consumer’s unspent conviction history, the insurer should provide information about alternative sources of help.

The hon. Member for St Helens South and Whiston touched on the UN convention on the rights of the child and similar. As stated in our response, the Government consider that the disclosure regime is compatible with the convention. It treats convictions and cautions received by those under the age of 18 differently from those incurred by an adult and, although I hear that hon. Members feel that those people should be treated more differently, we believe that we are compliant with the convention. In the light of the Supreme Court judgment, any future changes to the regime will take the convention into account.

I want to touch on the passionate speech of my hon. Friend the Member for Banbury (Victoria Prentis), and her passionate campaigning work. I am very pleased that she was able to dash from the main Chamber to deliver her speech. I know that she is a passionate advocate for the Ban the Box campaign. She speaks with eloquence and with great knowledge and experience, having worked on this issue for some time. I would be very happy to meet her to discuss that campaign more broadly if she feels that that would be helpful. If the right hon. Member for Delyn and others wished to join us, I would be very happy for them to do so.

There is always a balance to be struck between giving the employers the information that they need to make informed recruitment decisions and having a criminal records system that enables rehabilitation. I look forward to our bringing forward proposals both in response to the Supreme Court judgment and to formally address the issues set out in the Committee’s report. As I said, my hon. Friend the Member for Bromley and Chislehurst is a patient man, but not infinitely patient—nor is his Committee. Hon. Members quite rightly highlighted that although words are important, and this place uses an awful lot of them, they must lead to action.

I am clear that we must, and will, act to address the issues raised and the Supreme Court judgment when the order comes forward. I hope that we can all believe and support a system that believes in redemption, rehabilitation and a second chance. More than ever, that should apply to children who, at a young age, make a simple mistake that should not blight the rest of their lives. I commit to working closely with the Committee in the coming months to respond to and address its points as well as those raised by the Supreme Court judgment. I am very grateful to have had the opportunity to speak on this subject.