Oral Answers to Questions
Elizabeth Truss Excerpts(7 years, 7 months ago)
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Gavin Newlands (Paisley and Renfrewshire North) (SNP)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
The Government are clear that they want a smooth and orderly exit from the EU. Legal certainty is fundamental to that, as is laid out in the great repeal Bill White Paper. We will bring an end to the jurisdiction of the European Court of Justice so that our courts will be the ultimate arbiters of our laws.
Gavin Newlands
The recognition of enforcement of judgments across the EU has benefited millions of citizens. Does the Justice Secretary agree with the Law Society of Scotland that if we leave the EU with no deal and return to pre-EU mechanisms, the likely outcome is that the weakest and the poorest in society will suffer, as the processes become costlier?
Elizabeth Truss
I completely agree with the hon. Gentleman that having mutual enforceability of judgments and civil judicial co-operation is very important, which is why we have made it a priority in the Brexit negotiations.
Robert Neill (Bromley and Chislehurst) (Con)
May I commend to the Secretary of State and to the House the Justice Committee’s report on the implications of leaving the European Union for the justice system, which was published last month? In particular, on the basis of overwhelming evidence, we stressed the importance, first, of continuing co-operation in criminal justice matters, including information sharing, the recognition of judgments and having proper transitional arrangements, so that commercial and civil justice sectors have certainty going forward.
Elizabeth Truss
My hon. Friend is absolutely right about that, and I would add to that list by saying that family law co-operation is also extremely important. We are working very closely with the legal profession, a working group is looking at working with industry across Europe, and, as I have said, this is a key priority as part of our Brexit negotiations.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Does the Secretary of State share my concern that leaving the EU will weaken our power on extradition? She will know that I have been dealing with a case of someone who fled to Pakistan after killing 11 members of a family, and we have been working across Europe to try to bring this man back. He is now in prison in Pakistan. Will our getting out of the European Union hamper extradition in the future?
Elizabeth Truss
We are working very closely with the Home Office on criminal justice co-operation, and we want to secure a good deal, but it is important that we all get behind what the British people voted for and get a secure deal with the European Union.
Sir Edward Leigh (Gainsborough) (Con)
Elizabeth Truss
My hon. Friend is absolutely right; four of the 10 top global legal firms are based here in the UK. We have huge opportunities to promote English law and Scots law, and we are working on a global Britain legal summit to bring together leading figures in the industry to promote what we do overseas.
Louise Haigh (Sheffield, Heeley) (Lab)
My Bulgarian constituent murdered his wife by stabbing her to death 25 times in broad daylight. The Home Office has finally agreed to have him deported. Will the Secretary of State assure me that he will serve his full sentence in Bulgaria, both pre and post-Brexit?
Elizabeth Truss
It is important that that individual is brought to justice. That is part of how we organise our prisoner transfer agreements and it will be part of our Brexit discussions.
Mr David Nuttall (Bury North) (Con)
Does my right hon friend agree that we cannot remain part of the European single market because that would inevitably mean that the European Court of Justice would retain jurisdiction over us? That is exactly not what the British people voted for.
Elizabeth Truss
My hon. Friend is absolutely right that we are leaving the jurisdiction of the European Court of Justice. The ultimate arbiters of our laws will be our own courts here in the UK. That is incompatible with being in the single market.
Sir Simon Burns (Chelmsford) (Con)
Craig Williams (Cardiff North) (Con)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
I pay tribute to my right hon. Friend the Member for Chelmsford (Sir Simon Burns), whose 30 years in the House have been a joy to behold—although I have been here for only seven of them. We recently visited Chelmsford prison together, and I saw at first hand his commitment not only to his constituents but to the cause of improving prisons in this country. Chelmsford prison is one of the 10 prisons we selected for the early recruitment of prison officers. We said that 400 prison officers would be recruited by the end of March. I can confirm that they are now in training or in post in those prisons, including Chelmsford.
Sir Simon Burns
I thank my right hon. Friend for the extremely kind and generous comments at the beginning of her answer. I welcome the fact that, following the recognition that more staff are needed at Chelmsford prison, new staff are now being trained up. Does she know when those staff are likely to come on stream, to ensure that we have proper staffing levels and the proper protection for prison officers?
Elizabeth Truss
The training period for a prison officer is 10 weeks, so we will see them come on stream very shortly. Since November, 43 job offers have been made to new prison officers at Chelmsford. Following our visit to Chelmsford prison, we announced a rise in starting salaries for prison officers there, so they will now be paid a minimum of £26,500.
Victoria Prentis
Prison officers have to be both tough and humane; it is a difficult path and a difficult job to do. What plans does the Secretary of State have to increase the professionalism of the people who do that job? That may in turn help with their retention.
Elizabeth Truss
First, may I say what a fantastic group of professionals we have in our country’s prison officers? I want to make sure there is good career progression right through from entry into the Prison Service to becoming a governor, and good training—we are launching a new apprenticeship scheme for prison officers to make sure people have the right skills all the way through.
Craig Williams
The Unlocked scheme is being rolled out. When will the graduates start?
Elizabeth Truss
The Unlocked scheme is like Teach First for the Prison Service. We have had an incredible number of applications to join it. The final assessment was held on 1 April and we are now able to offer places to 60 candidates, who will start their training on 18 July. It is a really important scheme for not only bringing top graduates into our prisons but exposing employers to the fantastic work that goes on there.
Kate Green (Stretford and Urmston) (Lab)
Of course we all welcome the recruitment of new prison officers, but does the Secretary of State not agree that the problems in our prisons stem from the mistaken actions of her Government in cutting 6,000 prison officers in the first place?
Elizabeth Truss
I have been very clear that we need to recruit more prison officers. It has been my No. 1 priority in this job. We are on track to achieve the 2,500 officers. We have faced a number of challenges across our prison estate, and we have already talked about psychoactive substances, drones and mobile phones. I am clear that we need the prison officers in place. When we have achieved the 2,500 officers, we will be able to ensure that each one has a caseload of six prisoners whom they will look after, and that will help us to turn those lives around.
Mr Gregory Campbell (East Londonderry) (DUP)
I have been pressing for a number of years for a new- build prison in Magilligan in my constituency. Hopefully, that will take place in the next year or two. Will the Secretary of State undertake to ensure that any future Government will closely liaise so that prisoner supervision, whether in prisons in Northern Ireland or in England, is replicated to achieve best practice to ensure the best possible outcomes?
Elizabeth Truss
I absolutely agree with the hon. Gentleman. We need to learn from each other to make sure that our prisons do the best possible job. Of course they are there to punish offenders, but they also must turn lives around and reduce reoffending rates.
Danny Kinahan (South Antrim) (UUP)
What assessment has been made of the high levels of turnover of prison staff and the negative consequences that that has on the management of prisons in Northern Ireland? I know that the matter is devolved. There are extremely low pay rates, low prospects and nothing to encourage people to work in the Prison Service.
Elizabeth Truss
In prisons in England and Wales, 80% of our staff have been with us for more than five years. However, I want us to retain and train up those experienced members of staff. We are creating 2,000 new grade 4 posts at a salary of £30,000 to make sure that we retain those experienced prison officers who are so vital to running our prisons well.
Mrs Flick Drummond (Portsmouth South) (Con)
Will the Secretary of State clarify whether there are any plans to increase the numbers of staff providing education and training to prisoners, because that will help prisoners’ employment prospects and stop them reoffending?
Elizabeth Truss
We are making sure that governors decide how education will work in their prisons. We will set standards. We will see how fast prisoners progress in English and maths and whether they are getting the vocational work skills they need to get a job. I was recently in HMP Onley and saw the fantastic work being done by Halfords, getting those people into employment. Ultimately, the governor will have control of the education budget. Governors can decide how best to spend it and how to get the best results.
Ms Angela Eagle (Wallasey) (Lab)
Bob Blackman (Harrow East) (Con)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
Of course, prisons should be places of punishment, but they also need to be places of safety and reform. Around half the people who leave prison reoffend within a year. We know that getting offenders off drugs, dealing with their mental health and housing issues, improving family ties and getting them into work are all critical to reducing reoffending. That is why we are giving governors power over all those issues.
Bob Blackman
Hopefully, my private Member’s Bill will become the Homelessness Reduction Act on Thursday. Under the Act, prison governors will have a duty to provide prisoners with homes and prepare them for life outside prison so that they do not reoffend. What communication and training have been given to prison governors in preparation for that Act becoming law?
Elizabeth Truss
First, I commend my hon. Friend on his fantastic Bill. We have recently written to governors about their new powers over areas such as preparing prisoners for release, education and employment. Housing is one issue covered in that communication.
Maria Caulfield (Lewes) (Con)
Diana Johnson (Kingston upon Hull North) (Lab)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
In November I committed that the Government would invest an additional £100 million annually to recruit 2,500 prison officers. I can confirm that our recruitment figures show that we are on track to deliver that. On 3 April we launched the new “You at your best” recruitment campaign to encourage more people to apply. We also launched the new Unlocked graduate programme, which is offering more than 60 places this year.
It is vital that we strengthen the frontline to turn our prisons into places of safety and reform, and to reduce unacceptable levels of violence. That is my No. 1 priority as Secretary of State. Of course that will take time—we will not fix our problems in weeks or months—but the figures show that we are making real progress.
Diana Johnson
With three former Secretaries of State, including the right hon. Member for Surrey Heath (Michael Gove) last year, taking the view that families in Hull deserve to find out what happened to their babies’ ashes, why does the current Justice Secretary refuse to back those families’ calls for an independent inquiry in Hull?
Elizabeth Truss
I am very sympathetic to the hon. Lady’s concerns and I offer my sympathy to her constituents. We are supportive of local historical investigations, but we are not planning to order an historical inquiry in Hull or elsewhere. Hull has made significant improvements, including putting in place measures to improve practices and communication between the cremation authority, local funeral directors and NHS trusts.
Craig Tracey (North Warwickshire) (Con)
Richard Burgon (Leeds East) (Lab)
Yesterday the Leader of the Opposition confirmed that a Labour Government would launch inquiries into blacklisting and Orgreave; the current Government have blocked all such efforts. Successive Conservative Justice Secretaries have also refused to release papers concerning the Shrewsbury 24. As her final act, will the Justice Secretary do the decent thing, review that decision, and release the papers to give those men and their families a chance of justice?
Elizabeth Truss
I am sure that the hon. Gentleman understands that we are currently in purdah, so we are not able to make announcements at this point.
Richard Burgon
According to the legal commentator Joshua Rozenberg, this is the Secretary of State’s very last Justice questions, so I will give her one last chance. In March, the Lord Chief Justice said that the Secretary of State was “completely and utterly wrong” to say that she could not speak up for the judiciary in the face of personal abuse. Will she finally admit that rather than doing her duty, she kowtowed to her friends in the press?
Elizabeth Truss
I am a great believer in a strong, independent judiciary, but another bulwark of our democracy is a free press, and I do not think that Ministers should be saying what it is and is not acceptable for the press to print.
Will Quince (Colchester) (Con)
Elizabeth Truss
I have heard great things about that facility in Colchester, and I would be delighted to come and visit my hon. Friend, perhaps in the next few weeks.
Ms Angela Eagle (Wallasey) (Lab)
Elizabeth Truss
What we are doing about it is investing £1 billion in modernising our courts, bringing more cases online and improving the physical facilities, including all aspects of the way in which our courts operate. I launched a joint statement with the judiciary late last year about precisely that.
Suella Fernandes (Fareham) (Con)
Kate Green (Stretford and Urmston) (Lab)
Elizabeth Truss
We have been working on this issue very carefully, and we will announce the results in due course.
Robert Neill (Bromley and Chislehurst) (Con)
I welcome my right hon. Friend’s statement that a fresh Conservative Government would be committed to ongoing prison reform. Will she use an early reintroduction of the Prisons and Courts Bill as an opportunity to follow the evidence given to the Justice Committee about placing our excellent national preventive mechanism on a statutory basis to fit in with our international obligations?
Elizabeth Truss
I thank the Chairman of the Justice Committee for his question. I know how committed he is to prison reform, given the leadership that he and the Committee have shown. I have to tell him that our manifesto will be announced in due course, and the Prime Minister will be making such decisions.
Tom Elliott (Fermanagh and South Tyrone) (UUP)
Dr Matthew Offord (Hendon) (Con)
My constituents very much welcome the Department’s decision not to proceed with the change to probate fees because the increases would have fallen disproportionately on London and the south-east, given the cost of housing there. Will the Secretary of State confirm that the next Conservative Government will not again proceed on such a basis?
Sir Oliver Heald
As the Secretary of State said a moment ago—I think she was about to say this again—I am afraid that we are not in a position to say what will be in the manifesto. However, I thank my hon. Friend for his comments, and we will obviously take full account of them.
Amanda Solloway (Derby North) (Con)
Pictures have recently emerged of people on the streets of Derby city centre that reveal the shocking effect of Black Mamba and the zombie-like state the drug can induce. The police in Derby have been very proactive in taking a stance on this matter, but can the Secretary of State assure me that everything is being done to tackle the availability and use of this type of drug?
Elizabeth Truss
I completely agree with my hon. Friend about the effect that such drugs have on people both outside and inside prison. One of our key priorities was to roll out testing, which we did by September, to detect such substances and eliminate their use in prison.
Mr Stephen Hepburn (Jarrow) (Lab)
Peter Kyle (Hove) (Lab)
Websites such as Craigslist are being used by corrupt individuals to advertise free accommodation in return for sex. Does the Secretary of State agree that that is currently happening within the law and that a review needs to take place so that the people who are exploiting extremely vulnerable young women in that way face the full force of the law?
Elizabeth Truss
I agree with the hon. Gentleman that this issue is concerning and I am very happy to look at it.
Mr Philip Hollobone (Kettering) (Con)
How many foreign nationals do we have in our prisons, and what steps are being taken to send them back to prison in their own country, at the expense of their own Governments?
Mr Dennis Skinner (Bolsover) (Lab)
Would we not be more reliably informed about justice if we were not hearing from a Tory Minister whose friend the Prime Minister has called a snap election on 8 June, about a fortnight before the Director of Public Prosecutions was due to adjudicate on 30 Tory MPs who are being investigated for election fraud at the last election?
Elizabeth Truss
The Prime Minister is absolutely right to call a general election. We need strong and stable leadership of this country, and we need to ensure that the Prime Minister has a mandate to deliver for Brexit and beyond.
Andrew Selous (South West Bedfordshire) (Con)
The all-party group on preventing modern slavery, chaired in an excellent manner by the sadly departing right hon. Member for Slough (Fiona Mactaggart), heard from the parents of a young man who had been imprisoned for 15 years as a slave. The culprits were sent to prison for only two and a half years. Will the Justice Secretary agree to speak to the Sentencing Council about the severity of sentences for those who imprison our fellow citizens as slaves?
Elizabeth Truss
First, I echo my hon. Friend in paying tribute to the right hon. Member for Slough (Fiona Mactaggart) for her work on modern slavery. I also pay tribute to our Prime Minister, who has made huge strides in putting people away for these heinous crimes. We are doing more, and I am working closely with the Home Secretary to make sure that we crack down on this further.
Imran Hussain (Bradford East) (Lab)
In correspondence with the Criminal Cases Review Commission over recent months, I have repeatedly asked it to release and review crucial evidence that is vital to the case of one of my constituents. However, the CCRC has been less than helpful. As the deadline for the evidence to be deleted approaches, my constituent’s chances of justice could be killed for good. Will the Minister step in to ensure that the crucial evidence is released and reviewed so that justice can be done?
Thangam Debbonaire (Bristol West) (Lab)
The dedicated governor and staff at HMP Bristol do a brilliant job, but right now they are struggling with inadequate staffing ratios, prisoner use of the dangerous drug Spice, and poorly delivered privatised maintenance contracts. When will the Government give the prison in my constituency the tools it needs to do the job?
Elizabeth Truss
I can tell the hon. Lady that when I visited HMP Bristol I found some fantastically dedicated prison officers who are doing excellent work. We are investing £100 million to recruit 2,500 officers across the country, and we are on track with that recruitment.
Greg Mulholland (Leeds North West) (LD)
Knowing the huge cross-party support for better justice for victims of criminal driving, will the Minister today commit to bring in the legislation that has been promised before the end of this year if the Government are re-elected?
Elizabeth Truss
I understand that the hon. Gentleman has been campaigning on this issue for some time, but we cannot make commitments as we are in purdah.
Justice Update
Elizabeth Truss Excerpts(7 years, 8 months ago)
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The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
As I committed on 27 February, when I set the new discount rate, I am today launching a six-week consultation on how the personal injury discount rate, used to help calculate lump sum payments of damages in personal injury claims, should be set in the future. The consultation document is available at: https://consult.justice.gov.uk/digital-communications/personal-injury-discount-rate/.
It is a long-standing principle under our system that people who suffer injuries wrongfully at the hands of others should be compensated fully, and put in the financial position they would have been had the injury not happened. Where damages are awarded for future loss in the form of a lump sum, that award is adjusted to take account of the effect of the injured person being able to invest the money before the loss or expense for which it is awarded has actually occurred. The factor by which the award is adjusted is determined by the discount rate.
Under the Damages Act 1996, the Lord Chancellor has the power to set the discount rate from time to time. The rate must be set in accordance with the Act and the applicable legal principles set out in case law, particularly the 1998 House of Lords case of Wells v. Wells. The principles in Wells v. Wells lead to the conclusion that the discount rate should be based on the investment portfolio that offers the least risk to personal injury claimant investors in protecting an award of damages against inflation and against market risk. A change to the current legal framework would need primary legislation.
The power to set the discount rate was used first in 2001, when Lord Irvine set the rate at 2.5% by reference to a three-year average of real yields on index-linked gilts (ILGs). Following a review, I announced a change to the rate on 27 February this year to minus 0.75%, which came into force on 20 March. In doing so, I pledged to review the current law to consider: whether the rate should in future be set by an independent body; whether more frequent reviews would improve predictability and certainty for all parties; and whether the methodology—which in effect assumes that claimants would invest only in virtually risk-free ILGs—is appropriate for the future.
The consultation document I am publishing today covers these points, and includes a call for evidence on how investors in the position of personal injury claimants are likely to invest. The consultation document explores what an appropriate investment risk profile could look like for such investors, and what the effect would be of moving from the current virtually risk-free model, to a low-risk model. While my responsibility extends only to England and Wales, the principles and method for setting the rate have read-across to all jurisdictions in the UK, and the consultation is produced in partnership with the Scottish Government.
We must have a justice system that works for all. I fully recognise the impact that the discount rate has, not just on claimants—including some of the most vulnerable in society—but also on defendants in both the public and private sectors, and the further impact this has on consumers’ insurance premiums and taxpayers. The consultation I am launching today will look at the way the rate is set in future, and I am inviting anyone with evidence and expertise to take part. The consultation will close on 11 May.
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Boundary Commission for England: Deputy Chairman
Elizabeth Truss Excerpts(7 years, 8 months ago)
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The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
I should like to inform the House that I have made the following appointment under schedule 1 to the Parliamentary Constituencies Act 1986:
The hon. Mr Justice Nicol has been appointed as Deputy Chairman of the Boundary Commission for England, effective from 27 March 2017 until 26 March 2020.
[HCWS557]
Prison Update
Elizabeth Truss Excerpts(7 years, 8 months ago)
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The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
Social reform is at the heart of this Government’s programme. In November 2016 I set out plans for the most far-reaching reform of our prisons in a generation in my White Paper on Prison Safety and Reform. Last month I introduced the Prison and Courts Bill, which will transform the lives of offenders and put victims at the heart of the justice system, helping to create a safer and better society.
As well as putting in place robust measures to improve safety and performance, and a dedicated staff recruitment and development programme, I am investing £1.3 billion in a modern, fit-for-purpose prison estate.
Today I can confirm that I will launch planning applications for a further four potential sites for prisons to be built in England and Wales: one new site in Yorkshire adjacent to HMP Full Sutton, one at Port Talbot, South Wales, and two further sites involving redevelopment of the existing prisons at HMP & YOI Rochester, and HMP & YOI Hindley. Final decisions on the new prisons will be subject to planning approvals, as well as value for money and affordability.
In addition, I can inform the House that construction has now begun on a new houseblock at HMP Stocken.
Following the commitments I made in the White Paper, I can also confirm that outline planning applications have been made to redevelop the sites at the former HMP Wellingborough and HMP & YOI Glen Parva.
In creating a modern prison estate, old and inefficient prisons will be closed and replaced by the new accommodation. A programme of valuation work will now begin to help inform further decisions about the estate. Announcements on prison closures will be made later in the year.
This progress underlines the Government’s commitment to reform the prison estate. If planning permission for the new sites is granted, together these measures would create thousands of modern, fit for purpose prison places, enabling us to close many of the old and overcrowded places standing in the way of real reform.
[HCWS550]
Prisons and Courts Bill
Elizabeth Truss ExcerptsMonday 20th March 2017
(7 years, 8 months ago)
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The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
I beg to move, That the Bill be now read a Second time.
The Bill makes the most significant changes to the Prison Act 1952 since it was passed 65 years ago. For the first time, it will be clear that the Government are not just responsible for housing prisoners; it will also be clear that a key purpose of prisons is to reform prisoners and prepare them for their return to the community. That means getting prisoners off drugs, into work and improving their education while they are in prison. Together with greater powers for governors, performance tables and sharper inspections, more people will leave prison reformed, and this will cut the £15 billion cost to society of reoffending that we all face every year.
Chris Bryant (Rhondda) (Lab)
I understand that people quite often want to be angry at prisoners and say that it is all their own fault, but a large proportion of people in prison have suffered major brain traumas through fights or various other means. The support available in the wider community through the health service can fully rehabilitate them and bring them back into society, but the support in prison is still very weak. Will the Government be doing more to tackle that?
Elizabeth Truss
The hon. Gentleman is absolutely right that many people in prison suffer from serious issues such as the ones he mentioned. Therefore, we are going to give prison governors co-commissioning powers over health services in their prisons so that they can design them around the needs of those offenders, helping them to get the treatment that they need to live a lawful life once they leave prison.
The Bill will usher in a new era for our courts, modernising a process that remains fundamentally unchanged from the Victoria era. Our reforms, in this Bill and wider, create a system that is fit for the 21st century, providing better protection for vulnerable victims and witnesses, improving access to justice for ordinary working people, who will be able to access the courts in a much simpler and more efficient way, and promoting our reputation for global legal excellence and as the best place to do business.
Elizabeth Truss
I will give way to the hon. Gentleman before I talk through the detail of the Bill.
Ian Paisley
I welcome the access to justice proposals in the Bill. I urge the Secretary of State to discuss with the devolved Administrations, particularly Northern Ireland—when we hopefully get a Government up and running again there—rolling out the process there so that Northern Ireland can share in the expertise and expense of the system that she has put in place?
Elizabeth Truss
I understand that the hon. Gentleman has had a demonstration of our system, and I look forward to discussing with him further how we can share best practice.
Prisons rightly punish those who break the law, but they should be a place of safety and reform where prisoners can turn their lives around to then lead a lawful life outside prison. Sadly, that is not the case at the moment. The levels of violence in our prisons are too high, as last week’s shocking attack on the young officer at Oakhill shows. I am sure that the thoughts of all those in this House are with him and his family at this very difficult time.
We have worrying levels of self-harm and deaths in custody. The “Prison Safety and Reform” White Paper, which I launched in November, set out a clear plan, combining immediate action to increase staffing levels and track drugs, drones and phones with radical reforms to get offenders off drugs, into work and away from crime for good.
Several hon. Members rose—
Elizabeth Truss
I will take some interventions in a minute, once I have made a bit of progress.
While there is much we can do and are doing operationally, part 1 of the Bill addresses areas that require primary legislation. First, the Bill enshrines in law the purpose of prison. It sets out that prisons must aim to do four things. First, they must protect the public. Holding prisoners securely is a core job of prisons —protecting the public from the risk that offenders pose. Prisons must do all they can to prevent security failures.
Secondly, prisons must reform and rehabilitate offenders. They must give them the opportunities to allow them to turn their back on crime. That means tackling drug and alcohol addiction; tackling mental health issues; and giving offenders opportunities to work and get training and apprenticeships while they are in prison, to improve their English and maths, and to maintain their family ties.
Mr Dominic Grieve (Beaconsfield) (Con)
May I say how much I welcome this Bill, which seems to me to be going in exactly the right direction in terms of reforming prisons? However, my right hon. Friend will be aware that, ultimately, the ability to deliver these programmes will be intimately dependent on reducing prison overcrowding, because without that, as we have seen on many occasions, the programmes, however good, founder as the prisons come under strain. Will she keep that in mind, and is there anything she can tell the House in the course of Second Reading about the strategy she might have in mind to try to address that issue?
Elizabeth Truss
I thank my right hon. and learned Friend for his question. We have held the prison population stable for the last six years, and there are some areas, such as sex offences, where we have seen sentences rise, and I think that that is right, because those are serious crimes and they were not receiving the level of punishment that we would expect. However, as I have said before—I made this point in a speech a few weeks ago—there is more we can do to prevent people from committing crimes that lead to custody, by tackling issues earlier on, whether that is drug addiction, alcohol misuse or not being in education or training. I look forward to saying more about that in due course.
Mr David Hanson (Delyn) (Lab)
Nobody will disagree with the statements the Lord Chancellor has made in relation to clause 1, because they are sensible and sound, but she must recognise that the indicators on self-harm, assaults and everything else are rising, and that there are 6,500 fewer officers than there were seven years ago. Can she tell us how many officers she has recruited to date, how many she expects to recruit and how she can keep a prison population that is at the level it was in 2010 with fewer officers?
Elizabeth Truss
As the right hon. Gentleman knows, we have a programme to recruit 2,500 additional officers across the estate. I can confirm that we started in 10 of the most challenging prisons. We have now successfully secured the complement of officers in those first 10 prisons, which we said we would do by the end of March. We now have a record number of officers—over 700—in training. I do not deny it is a challenging task to recruit those officers, but as the right hon. Gentleman knows from his experience as prisons Minister, it is vital that we do that, because it is only by having qualified and skilled officers that we will help to turn people’s lives around.
I am not just interested in numbers; I am also interested in the career prospects and additional training that we give officers. That is why we are putting in an additional 2,000 senior officer posts across the country. Those will pay upward of £30,000, and they will reward officers who have additional training in areas such as mental health. As the right hon. Gentleman realises, it takes time to recruit and train those officers, but I am absolutely determined to do that, because, alongside these reforms, it is trained officers who will make the difference in our prisons.
Sir Henry Bellingham (North West Norfolk) (Con)
I think I can help my right hon. Friend with an idea. About 15% of the prison population are foreign prisoners, and prisoners from places such as Albania, Jamaica, Somalia and Nigeria make up about 20% of them. Surely we can have arrangements whereby those prisoners are sent back to their own, friendly countries—including Commonwealth countries. The Department for International Development might help with the arrangements in those countries.
Elizabeth Truss
My hon. Friend is absolutely right. I am pleased to say that a record number of foreign offenders were sent back last year, but we are doing even more on this and making progress. The Under-Secretary of State, my hon. Friend the Member for East Surrey (Mr Gyimah), is working very hard on it.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
I too welcome the Bill, particularly the emphasis that is placed on the purpose of prison. My right hon. Friend will be aware that one of the most successful young offender programmes is that run by National Grid. It has been going for many years, and National Grid now has 80 partner companies working with it. It has got the reoffending rate down from the average of way over 50% to 7%. In particular, some of its partner companies have been working really hard with Brixton prison in relation to release on temporary licence. Brixton has recently been removed from the ROTL regime, and that is causing some difficulty because there are no other prisons in London that satisfy the criteria. Will she look into that? Will she think about putting this into the Bill, because the ROTL scheme is really working for young offenders?
Mr Speaker
The right hon. Lady was keen to prove that her intervention was not only erudite but comprehensive, and in that mission I think she has been successful.
Elizabeth Truss
I thank my right hon. Friend for her point. She is absolutely right. Getting employers who want to employ people on the outside to train offenders on the inside will help to create the path into work that reduces reoffending. I have been to Brixton and seen the fantastic work that it is doing with offenders. The question she posed is already being addressed by my hon. Friend the Under-Secretary, because we want people to be able to get the experience in work that means that they can leave prison, get into a job, and lead a lawful life. We are also launching a strategy on employment to try to get more employers like National Grid, Timpson and Halfords, which already do fantastic work, to sign up to employing these ex-offenders, because that benefits all of us.
Caroline Flint (Don Valley) (Lab)
The Lord Chancellor has mentioned how important staffing is. The roll-out of a 1:6 ratio in public sector prisons is welcome, but I do not understand why it would not apply to private prisons, because they have to deal with the same sorts of challenges as those in our public sector.
Elizabeth Truss
I should clarify that it is a caseload of 1:6, which means that each officer will have responsibility for six offenders whereby they are in charge of making sure that those offenders are safe and encouraging them to reform while they are in prison. The head of the Prison Service, Michael Spurr, is in discussions with the private sector prisons to make sure that they have access to the same level of staffing. We want that to apply in both the private and the public sectors.
Wes Streeting (Ilford North) (Lab)
I welcome the Lord Chancellor’s response to my right hon. Friend the Member for Don Valley (Caroline Flint). The Lord Chancellor has set out this aspiration before, so could she now set out a timescale as to when the imbalance in ratios between the public and the private sectors will be corrected?
Elizabeth Truss
I can assure the hon. Gentleman that it is on the same timescale as the public sector programme, so we will deliver it over the next year and a half.
Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)
I commend my right hon. Friend for much of what she is doing in this Bill. Given that she takes great pains to stress the importance of mental health and its link with reoffending and the need to reduce self-harm and other issues in prisons, I am curious as to why one of the fundamental duties in clause 1 is not to promote and protect the mental health and wellbeing of prisoners.
Elizabeth Truss
I know my hon. Friend takes a very strong interest in this area. I assure him that the commissioning arrangements for governors will give them the power to specify mental health treatment in their own prisons. Governors have complained to me that, at the moment, mental health services are available only five days a week. That is an issue if somebody arrives in a prison at a weekend with serious mental health issues.
Governors will be able to co-commission those services. Under the categories of reforming and rehabilitating offenders, we have announced specific performance metrics, some of which will cover health issues. I issued a written ministerial statement recently containing the detail of that, and we will say more about it in due course. That is among the reform measures that we are putting in place, and it will be covered in the performance agreements that individual prisons have with me, as Secretary of State.
Rachael Maskell (York Central) (Lab/Co-op)
Askham Grange women’s prison in York has the lowest reoffending rate in the country, at 6%, but for two years the Government have been saying that they are going to close it. Will the Lord Chancellor look at that again and confirm that she will not close such an excellent prison?
Elizabeth Truss
I am certainly very happy to look at that issue. We will shortly launch a new strategy for women offenders, which will be about dealing better with underlying issues—whether that is substance abuse, or issues of abuse and domestic violence—to find a better solution and prevent women from committing the crimes that lead them into custody. We will launch that shortly, and I am sure we will cover the prison that the hon. Lady mentions.
The third priority and purpose of prisons that we lay out in the Bill is preparing prisoners for life outside prison. As has been mentioned, making sure that the offender has sustainable employment and a home to go to is vital in reducing reoffending.
Mark Menzies (Fylde) (Con)
In my constituency, I have Kirkham prison, which has been a pioneer in leading a programme on jobs, friends and family; the former prisons Minister, my hon. Friend the Member for South West Bedfordshire (Andrew Selous) has met those involved. May I ask the Secretary of State, during proceedings on the Bill, to have a look at the programmes being run by Kirkham prison and see whether similar programmes can be incorporated elsewhere, because they really make a difference to people’s lives?
Elizabeth Truss
I would certainly be happy to see the details of that scheme. Family ties will be included in our performance measures and our empowerment of governors. Governors will be given control of their budget for helping prisoners with their family ties. We have had a report from Lord Farmer, and I am meeting him this week to discuss the matter further. In addition to having work and a home to go to, a supportive family can be a very important part of rehabilitation.
Governors need to look at all those things. I am setting out clear expectations of what prisons should be doing, but not how they should do it. I believe that it is up to the individual governor to look at what works for their area and what works for the people in their prisons, so it is important that they should be given the flexibility to deliver things in an innovative way. I will be very clear about the standards that we expect, but how governors deliver those standards will be increasingly down to them.
Victoria Prentis (Banbury) (Con)
Does the Lord Chancellor agree that if we are able to tackle the problems surrounding links with families—one of the key recommendations of Lord Farmer—that will, in itself, greatly reduce reoffending? Lord Farmer will show that 63% of the children of offenders grow up to offend. Does my right hon. Friend agree that it is important that we intervene early to ensure that that does not happen?
Elizabeth Truss
My hon. Friend is absolutely correct on that point. Those children often feel as though they have done something wrong, and it is absolutely wrong for them to feel as though they are being punished for a crime that their parent has committed. I am determined that we will do what we can to protect innovative schemes such as Storybook Dads, which help to keep the link between children and their fathers and mothers while those individuals are in prison.
Finally, we need to maintain a safe and secure prison environment. Prisons need to feel safe for staff and prisoners. That means that as well as tackling violent incidents and creating the right kind of culture and atmosphere, we need to provide support to vulnerable prisoners. We also need to make sure that we have sufficient levels of staffing to provide that safety and security.
The Bill makes it clear how I, as the Secretary of State, will account to Parliament for progress in reforming offenders. This is the first time that legislation will make it clear that the Secretary of State is responsible for reforming offenders, and the Secretary of State—that is, me—will have to report to Parliament about what they do. That is a very important change in the culture of our prisons: for the first time, there will be accountability at Cabinet level not just for prisons being safe, which is of course important, and for providing enough prison places, but for turning around and reforming the lives of individuals under the care of the state, and ensuring that they leave prison with better prospects and more likely to lead a law-abiding life.
Ian C. Lucas (Wrexham) (Lab)
I have listened closely to this debate, which has largely been extremely consensual. The Lord Chancellor knows about HM Prison Berwyn in the Wrexham constituency—we have already discussed it—and that a great deal of common hope is invested in that institution. In Wrexham, we are hugely impressed by its staff, under the leadership of Russ Trent. To pick up on the point she is making, will she report back regularly on the progress at that prison? Many of the aspects of the philosophy we are talking about are being carried out there in practice, and it will be extremely important to measure that as time passes.
Elizabeth Truss
I am certainly very happy to report back on the progress at HMP Berwyn. We are looking at that progress, and we are learning the lessons across our prison estate.
Mrs Gillan
The Lord Chancellor is very generous in giving way to me twice. She will be aware that people with autism are disproportionately represented in the criminal justice system. Young Offender Institution Feltham was the first prison to have accreditation as autism-friendly, which it has found has reduced violence and helped people with mental health problems. I understand that 20 other prisons are currently going through the accreditation process. Will she give consideration to making sure that all establishments go through the accreditation process, because I believe it will deliver a safer environment in prisons for our officers and for those incarcerated?
Elizabeth Truss
I will certainly look at that. I know my right hon. Friend has a long record of standing up for people with autism and making sure they have proper support.
Elizabeth Truss
I want to finish this point, because I must move on to the courts section of the Bill, but I will give way.
Sir Edward Garnier
My right hon. Friend is very kind. The Bill says:
“The report must set out the extent to which prisons are meeting the purpose mentioned in section A1.”
What happens if a prison, or prisons generally, do not meet such a purpose? What will the Secretary of State do about it, what can she do about it, and what will happen if she does not do anything about it because prisoners are let out?
Elizabeth Truss
My right hon. and learned Friend, who served as the shadow prisons Minister, makes a very important point.
As well as creating a framework for the Minister, the Bill will set up a new Executive agency, Her Majesty’s Prison and Probation Service, from 1 April, to focus on the operational management of prisons and probation. We will have new standards, and performance measures will appear in performance tables so that the public can see, transparently and accountably, what is going on in prisons. At the moment, we do not know the employment rate for those coming out of a prison, how good a prison is at improving the English and maths of the people inside it, or how effective it is at getting them off drugs. Those measures will all be published, which will lead to much greater scrutiny and accountability for the public.
In addition, I am strengthening the powers of the prisons inspectorate. The inspectorate—the chief inspector, in particular—will be able to trigger an urgent response from the Secretary of State in the most serious cases. That means that if a prison is failing to meet the standards, the Secretary of State will have to respond within a specific timetable with an action plan to improve the prison. At the moment, that is not the case.
Elizabeth Truss
It will be enforceable through the inspectorate, which will be given specific powers to ensure that that happens.
The Bill will place the prisons and probation ombudsman on a statutory footing, giving him greater authority and statutory powers to investigate deaths in custody. The Bill supports our efforts to stop drug use and crime enabled by illegal mobile phones. It enables phone network operators to disrupt unlawful use of mobile phones in custody.
Kate Green (Stretford and Urmston) (Lab)
I just want to ask the Lord Chancellor, if she could answer very simply, who is accountable in the event of a prisoner’s escape?
Elizabeth Truss
The governor is accountable for what happens in their prison, but there is a line management structure through to the head of the Prison Service and, ultimately, the Secretary of State.
The Bill supports swifter responses to the devastating effect of psychoactive substances. There have been very serious cases on our prison estate. They fuel debt and violence and can have a serious impact on prisoners’ health. We rolled out new tests for psychoactive substances in September last year—we were the first jurisdiction in the world to do so. The Bill strengthens our ability to keep up with the speed at which substances evolve. It allows quicker testing for all newly identified psychoactive substances based on the generic definition of those substances set out in the Psychoactive Substances Act 2016.
We face challenges in our prisons that will not be solved in weeks or months, but I am absolutely determined to turn the situation around. We now have the resources to do so: we are investing an additional £100 million a year and we have a clear plan. The measures in the Bill provide a structure under which accountability and scrutiny can take place, so we will be able to see how our prisons improve over time.
The Bill introduces major reforms to the court and justice system, which I announced in my joint memorandum with the Lord Chief Justice and Senior President of Tribunals in September. It will introduce more virtual and online hearings, put in place greater protection for victims and witnesses, and provide greater support for our excellent judges and magistrates.
I want to take a moment to pay tribute to the Lord Chief Justice, John Thomas, a great reformer who has spearheaded these reforms and who will retire later this year. I also want to thank the Senior President of Tribunals. Their vision for a courts and tribunals system that is just, proportionate and accessible lies at the very heart of the reforms set out in the Bill. The reforms are a tribute to their tireless work, alongside other senior members of the judiciary.
Robert Neill (Bromley and Chislehurst) (Con)
On behalf of the Justice Committee, may I warmly associate myself with the Justice Secretary’s entirely appropriate comments on the Lord Chief Justice and the rest of the senior judiciary? Will she reflect on whether the Bill’s passage through the House may not provide an opportunity to revisit the retiring age of senior judiciary, which, at 70, runs against the behaviour of much of the rest of society and our economy?
Elizabeth Truss
I thank the Chairman of the Select Committee for introducing this hotly debated issue into our discussion on the Bill. The measure is not a part of the Bill. I have had discussions on this issue with the senior judiciary. We should certainly consider it in due course, but at the moment there is no consensus.
Yesterday, we announced that we are bringing forward the roll-out of reforms to allow rape victims to pre-record their cross examination, sparing them the trauma of giving evidence during trial. This follows successful pilots of measures for child victims of all crimes. This will not reduce the right to a fair trial. During the pilots for vulnerable victims there was no significant change in the conviction rate, but we did see more early guilty pleas and fewer cracked trials. That means less stress and trauma for all of those participating in the case.
I want to praise the determined leadership of the president of the Queen’s Bench Division, Sir Brian Leveson, and the senior presiding judge, Lord Justice Fulford. They have been vital in developing the plans for rolling out these provisions for child victims and victims of sexual offences in all Crown courts. Given that in some of our Crown courts, almost 50% of cases are sexual cases, this is a very important reform that will help us to support people who have to go through this terrible experience and to improve the situation for them.
Ann Coffey (Stockport) (Lab)
This is a very welcome announcement, but it will mean that more cases will have to be included in the roll-out of section 28, which is due to be completed by December 2017. The sexual assault referral centre in Manchester is currently a remote site, enabling cross-examination of vulnerable witnesses by video link to the court. Will the Secretary of State consider the use of existing remote sites such as St Mary’s for pre-recorded cross-examination of witnesses, which would help to prevent delays in the roll-out of section 28, which has been a fantastically successful pilot?
Elizabeth Truss
I am in principle in favour of using alternative venues, other than courts, which can be conducive to people giving the best possible evidence in a less intimidating environment. I would have to discuss that with the senior judiciary—we are working closely with them on this issue—but I am certainly in favour of using places such as sexual assault referral centres to make sure that we give the best possible support to victims and witnesses at a very difficult time for them.
The measures set out in the Bill will further enhance our ability to protect vulnerable witnesses and modernise the courts and tribunal system. Our changes to the system should be reflected in better legal support, but are focused on early help and representation. That is why we are bringing forward a legal support Green Paper in early 2018, setting out proposals to update the system of legal support in a modern court system. Put simply, what we want is less time spent navigating the system and more legal time spent on giving people legal advice and legal representation.
Parts 2 and 3 will take forward measures relating to procedures in civil, family and criminal matters, and the organisation and functions of courts and tribunals. I shall talk through each in turn.
Ian C. Lucas
One area that I am concerned about is representation in court in matrimonial proceedings, which can be some of the most difficult, emotional and contentious cases in our courts, yet very little legal representation is publicly funded. Is the Lord Chancellor content with the current situation, and which areas does she think need the most attention?
Elizabeth Truss
If the hon. Gentleman is asking me whether I am content with the current situation, no, I am not. We need to reform the family justice system. We need to help people to get an earlier resolution of their issues. We need to get better at helping families, and I am a big fan of the family, drugs and alcohol courts and the work that they do in supporting parents. That is why the Minister for Courts and Justice and I will bring forward a Green Paper on family justice that will look at the system in a holistic way to see how we can do things better within the family justice system. There are certainly areas where improvement needs to be made.
Banning the ability of alleged abusers to be able to cross-examine their victims in court is an important step. This was done in the Crown courts in the 1990s, and we are only now catching up with it in the family courts. It is very important to give family courts the priority in the system that they deserve, so that we can deal with these difficult issues in people’s lives as sensitively as possible.
This Bill will also make sure that victims and witnesses in the criminal courts receive the support they deserve. It will extend the use of video links from virtual hearings, which will have multiple benefits. First, it will allow victims to be eligible to take part in cases without having to meet their alleged attacker face to face. In future, about 180,000 victims and witnesses a year will be eligible to give evidence remotely from a convenient location or in advance of a hearing. The Bill will enable more bail hearings to take place through video link and away from the courtroom, saving time and money. It will increase the efficiency and effectiveness of the overall process by allowing a number of decisions to be made outside the traditional courtroom, and it will save people time spent in travelling to court: it will save about 112,000 journeys from prisons to courts each year.
Mr Grieve
I am most grateful to my right hon. Friend for giving way again. I support the thrust and intention of the Bill. Normally a victim is the first witness for the prosecution, but is there not a risk that the question that someone may wish to ask the witness will be changed by the evidence that precedes the giving of that evidence by the witness? We shall have to have a system to deal with that if a fair trial process is to be maintained.
Elizabeth Truss
My right hon. and learned Friend has made the important point that a fair trial is at the heart of our justice system. We already have rules committees, and we are establishing a new online rules committee which will be managed by the judiciary. They will look at the issues in detail to ensure that a fair trial is always paramount.
The Bill will enable screens to be installed in courts across England and Wales to allow the public to observe virtual hearings from court buildings anywhere in the country. Lists of all open cases will be published online, and results will be made available digitally. That will ensure that justice is done and seen to be done.
The Bill will streamline the pre-trial process, and will make changes in the way in which cases are allocated in the Crown and magistrates courts. Defendants will be able to indicate a plea online in all cases, allowing the courts to make administrative decisions without the need for a hearing. We are also stripping out nearly 30,000 unnecessary first hearings for the most serious offences in the magistrates courts each year.
The Bill will abolish local justice areas, simplifying the structure of our magistrates courts and removing the bureaucracy and geographical constraints that cause inefficiencies and delays. It will allow those who are charged with some of the most straightforward, non-imprisonable offences to resolve their cases entirely online. For example, a commuter charged with failure to produce a ticket can log on to a website, have all the options clearly explained, and accept a conviction and pay a set penalty instantly online without waiting for a magistrate to process the case.
Richard Fuller (Bedford) (Con)
My right hon. Friend will be aware that a number of magistrates courts—including the court in Bedford—were closed in past years by the justices themselves, despite the best efforts of my hon. Friend the Member for North West Cambridgeshire (Mr Vara), whose hands were tied. Will these measures help to allay my constituents’ concern about the difficulties of additional travel in the case of some offences? Will the Bill give them some comfort by ensuring that the problems involved in having to go to Luton will be allayed?
Elizabeth Truss
My hon. Friend is right. I represent a rural constituency, and I understand people’s concerns about having to travel far. Virtual hearings will enable people to do more online so that they do not need to travel to court, and to use virtual videos. That is already reducing travel needs throughout the country. If people want to observe a case in another part of the country, they will be able to go into their court to do so, with special permission. Victims and witnesses will have more access to the justice process.
Mrs Madeleine Moon (Bridgend) (Lab)
Transferred online communications are wonderful if people have access to quality broadband, but communities in parts of my constituency have broadband that is as slow as 25% of capability. How on earth will people be able to gain access to justice when they cannot possibly do anything online because of appalling broadband?
Elizabeth Truss
We are doing a lot to improve broadband across the country. The online system is not mandatory; the paper process will be available. I have been looking recently at virtual hearings that are taking place across the country. In some areas, such as the south-west of England, there is very high take-up of these hearings, because being able to use broadband helps people in rural areas, who have long distances to travel to get to court.
The Minister for Courts and Justice (Sir Oliver Heald)
Particularly in the west country.
Elizabeth Truss
The west country is leading the way at the moment, and we are looking at how we can encourage courts across the country to do the same thing.
I am very pleased to say that civil justice is at the forefront of our reforms. I was proud to announce the new business and property courts last week with the Lord Chief Justice and the Chancellor of the High Court. These courts are the vanguard of our world-class civil justice system, making sure that global Britain leads the world in law. They will be based in London, Leeds, Bristol, Manchester and Cardiff, and they represent the fact that our courts and commercial courts serve not only the City of London, which is of course important, but significant regional centres across the country.
Robert Neill
I promise that this intervention is uncontroversial. Does my right hon. Friend agree that, as well as the integrity of the judiciary, one of the strengths of our commercial courts is the ability to enforce judgments worldwide, and that includes within the European Union? Does she therefore accept that it is most important that the ability to enforce the judgments of our courts in the EU remains a top priority in our Brexit negotiations?
Elizabeth Truss
My hon. Friend is correct. As well as making sure that these commercial courts cover all the regions of our country, we need to make sure that there is mutual enforcement of judgments elsewhere. We have a commitment to do that as a Government; it is something that I have agreed with the Secretary of State for Exiting the European Union, and it is a priority for the Government’s negotiations.
This Bill introduces a new online court which will enable people to resolve civil claims of up to £25,000 simply and easily online. These online services will increase access to justice. It will reform procedures so that people can make witness statements rather than statutory declarations in relation to certain traffic and air quality offences in the county court. It means that people will not have to go into court to go through this process. The Bill will also streamline the use of “attachment of earnings” orders, giving the High Court the same power as the county court to make attachment of earnings orders in relation to judgment debts, and on the basis of a fixed deduction scheme.
We also want our excellent judiciary and magistrates to be better supported in the work they do. This Bill will allow judges in all our courts and tribunals to make greater and more effective use of authorised court staff, to assist them with tasks such as dealing with routine applications or ensuring compliance with court directions. This will allow our judiciary to prioritise their time and expertise on the matters where they are needed most.
The Bill will bring the legislative framework for the employment tribunal system into closer alignment with that of the wider tribunals system. It will confer responsibility for making procedural rules to the Tribunal Procedure Committee. Employment judges will be able to delegate routine tasks to appropriately trained or qualified staff. Overall, these reforms will benefit tribunal users, whose cases will be resolved more quickly and proportionately.
We have the most highly regarded judiciary in the world; they are a beacon of independence, expertise and commitment to the rule of law. The Lord Chief Justice and I are working closely together to make sure that we have the strongest possible role for judges and magistrates in a transformed and modern justice system. We are putting in place reforms that recognise magistrates as an integral part of this judicial family. The judiciary is an important part of our constitution and its continued independence is vital for the rule of law. We must continue to uphold the very high standards and to select its members purely on merit. That means ensuring that people want to apply, feel valued and have good working conditions. I value the work that the judiciary does, from the magistrates and tribunals to the High Court and the Supreme Court. As Lord Chancellor, I am determined to support them in all they do.
Part 4 takes forward measures to ensure that our judiciary have the support and opportunities they need for a fulfilling and successful career. This Bill will strengthen leadership structures in the judiciary, supporting our wider work to provide clear career progression for judges, and ensuring that the widest possible range of talent comes into our judiciary. It will make it easier for the judiciary to deploy judges more flexibly, allowing judges to gain experience of different types of cases and helping with their career progression. The Bill will also enable the Judicial Appointments Commission to assist with selection exercises in other parts of the world, sharing the leading expertise within the commission.
Part 5 tackles the rampant compensation culture that has developed around whiplash claims—
Philip Davies (Shipley) (Con)
Just before my right hon. Friend moves on, may I ask her a question about magistrates? She rightly values the work that they do, so when can we expect the Government to allow them to send people to prison for 12 months, rather than six? This Government have been promising to do that for quite some time.
Elizabeth Truss
I thank my hon. Friend for his dogged support for magistrates; he is absolutely right about the fantastic work that they do. I am looking into this issue, and I would be happy to discuss it with him further.
Part 5 tackles the rampant compensation culture that has developed around whiplash claims. The number of road traffic accident personal injury claims is over 50% higher than it was 10 years ago, despite there being fewer accidents and safer cars on our roads. The Bill will enable us to introduce a transparent tariff system of fixed proportionate compensation for whiplash claims with an injury duration of up to two years, and to ensure that all claims will be supported by good quality medical evidence provided by accredited experts.
Chris Leslie (Nottingham East) (Lab/Co-op)
Should not the Lord Chancellor use the Bill to put in place a fairer and more balanced framework for calculating personal injury compensation lump sum insurance payments, following her seismic decision on the discount rate a few weeks ago? That decision has the potential to raise our constituents’ insurance premiums, and the Treasury has said that it could add £2 billion next year and £1 billion thereafter to NHS litigation costs, which will affect the taxpayer. Surely the Bill could introduce a better balance.
Elizabeth Truss
I can assure the hon. Gentleman that he will not have to wait long for an answer to his question. I agree that the system is in need of reform, and I will bring forward a consultation before the Easter recess. I look forward to hearing his contribution to it.
Rob Marris (Wolverhampton South West) (Lab)
Will the Secretary of State tell the House where the consultation’s tariff figures for whiplash came from? What evidence was there for the Government to put those figures in the consultation document?
Elizabeth Truss
The hon. Gentleman will have noticed that we have changed the figures in response to the consultation document. Those were judged to be fair and reasonable for the level of injury that we are talking about in this case.
Chris Philp (Croydon South) (Con)
I strongly welcome the provisions in the Bill to clamp down on whiplash fraud. Will the Lord Chancellor consider widening very slightly the definition of “whiplash injury” in clause 61 to include injuries to the lower back as well as the upper back?
Elizabeth Truss
That issue was covered in the consultation, and we have brought it back after listening to what people fed through in the consultation. The Bill will end the unfairness of higher premiums for motorists while ensuring that fair compensation remains available for genuinely injured claimants.
The Prisons and Courts Bill will usher in a new, modern era for our prisons, courts and justice system. It will do three key things. It will ensure that our prisons are places of reform so that offenders have the skills they need to return to society, to secure employment and to turn their back on crime. It will create a courts and tribunal system that protects the most vulnerable and is more straightforward and accessible for all. It will also enable the judiciary to meet the demands of a modern justice system and enhance our reputation for legal excellence around the world. I commend the Bill to the House.
Sir Henry Bellingham (North West Norfolk) (Con)
It is a privilege to follow the hon. Member for Bridgend (Mrs Moon), an acknowledged expert on prison reform. What she said about HMP Parc was incredibly informative and moving, and I was really interested to hear what she said about Parc supporting families, as that could be rolled out in other prisons. I wish to declare an interest, as a former criminal barrister who both defended and prosecuted. I also wish to pay tribute to the Lord Chancellor and Secretary of State, my Norfolk neighbour, for the work she and her ministerial team have done in preparing for this Bill. They have been indefatigable in putting together a very impressive Bill, which appears, given what the hon. Member for Leeds East (Richard Burgon) said, to command a great deal of consensus.
On prisons, there obviously is a crisis, and a number of right hon. and hon. Members have alluded to it. I have a great deal of concern about it, because in the 12 months to December 2016 there were 25,000 prisoner assault incidents, which was a 31% increase on the previous year’s figure. Furthermore, there were 6,430 assaults on prison staff, of which 761 were serious. As we heard from the right hon. and learned Member for Camberwell and Peckham (Ms Harman), there were 37,750 self-harm incidents, and 354 prisoners died while in custody, with only 55% of those deaths due to natural causes. There is obviously a crisis. Although the number of prisoners who test positive for drugs has come down, which is encouraging, there has been a big increase in the use of new psychoactive substances. I am pleased that the Secretary of State is introducing, through the Bill, measures to bring NPSs under the existing testing powers; that is sensible. I also welcome the measures on mobile telephony, because there are far too many illegal mobile phones in prisons.
I recently went round Wayland prison in Mid Norfolk, and I was struck by the number of prisoners who are getting access to Spice and other NPSs. They are having a devastating effect on the management of prisons. The death of a prisoner in HMP Forest Bank on 29 January from a Spice overdose was the 16th death throughout the prison estate in that month. One prisoner who was recently released from Forest Bank said that half the prison is on the stuff, and the other half spend their whole day trying to keep away from those prisoners who are on the stuff. We have a real problem.
When I visited a particular prison—I shall not say which one it is because I do not want to embarrass the governor—the governor said he was keen to create a drugs-free wing. I find the lack of ambition incredible. Our prisons should be drug-free; it is as simple as that. How are the drugs getting in? The prisoners do not bring in drugs and I do not believe that visitors do so. They are coming over the wire on drones and perhaps in supply vehicles, and I am sorry to say it, but there may well be a small number of corrupt prison officers. A significant amount of drugs, particularly these new psychoactive substances, are getting into our prisons and causing a great deal of mayhem, misery and, in some cases, death. I urge the Secretary of State and her team to do all she can to keep up the pressure to make our prisons entirely drug-free.
I agree with my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) that, in some ways, there are too many people in prisons. I think that not enough people who have done certain things wrong and have committed horrendous crimes are in prison, and they should be in prison for longer, but I also feel strongly that some people who are in prison should not be there. I am worried that there are more and more prisoners aged 50-plus, and there are currently many more prisoners aged over 65. As the Secretary of State conceded, that is partly because of the extra convictions for child abuse crimes. I certainly do not want to underestimate the seriousness of some of those crimes—no one can claim for one moment that they are victimless crimes, because they are not; there are victims of such crimes and the perpetrators need to be punished—but I agree with Chief Constable Simon Bailey of Norfolk constabulary, who is the Association of Chief Police Officers lead on this subject, that some people need help, not prison. There has been over-zealous prosecution of some of these people, who should be given help to wean them off their dreadful habits.
Several colleagues—including the hon. Member for Stretford and Urmston (Kate Green), my hon. Friends the Members for North West Cambridgeshire (Mr Vara) and for Bromley and Chislehurst (Robert Neill), and the good doctor, my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter)—have mentioned the mentally ill in our prison estate. It is worrying that 4% of prisoners have a psychotic illness, 14% suffer a major depressive illness, and nearly two thirds have some form of personality disorder. I wish to make a suggestion to the Secretary of State as to how we could make some progress on this issue.
The alternative to prison for some people who suffer from serious mental ill health is to be found in the mental health treatment requirement. It can of course be added to a community or suspended sentence after a conviction, but it worries me that only 0.5% of community sentences in 2016 included an MHTR. Why is that? Perhaps the prisons Minister can look into that and elaborate further on it, because significant progress could be made on that front.
Sir Henry Bellingham
I am glad to see my neighbour the Secretary of State nodding.
I find it extremely worrying that of our prison population of 84,307—as at last week—just under 10,000 are foreign prisoners. I have not done the maths, but I think that is around 15% or 16%. Some of them are of course European, so there is a problem with ensuring that they are deported, because we have to have arrangements in place and that does not normally happen across Europe. There are, though, prisoners from countries including Albania, Jamaica, Pakistan, India, Somalia—unfortunately —and Nigeria. Roughly 3.5% of all foreign prisoners come from Nigeria, and a staggering 5.3% come from Jamaica. The prisons Minister and his team of officials really must try to do more to grip the problem. Why are better, reciprocal arrangements not in place? Why are we not working with the Jamaican and Nigerian Governments to, for example, use Department for International Development money to improve their prisons? Why are we not doing the same in Somalia? As far as I understand it, the new Government there have complete control of most of the urban areas and most of the prisons, so surely something could be done.
I shall conclude in a moment; I was going to say something about the courts, but a lot of colleagues are waiting to speak. I was keen to get the key points across, and additional points can be discussed in Committee and on Report. I find it heartening that the Bill commands a great deal of consensus among all parties and that, although the Government’s energy over the next few months—indeed, perhaps two years—is going to be focused on Brexit and all the challenging negotiations that will go with it, they still have time to stand true to their reforming zeal and introduce an important Bill. I congratulate the Secretary of State and her team. Let us hope that a really good Bill can be made better still in Committee.
Oral Answers to Questions
Elizabeth Truss Excerpts(7 years, 8 months ago)
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Mr Steve Baker (Wycombe) (Con)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
Almost half the people leaving our prisons will reoffend within a year, with a cost to the economy of £15 billion, and countless costs to victims and society. We are giving prison governors the power to be able to turn people’s lives around, to reduce that level of reoffending.
Elizabeth Truss
My hon. Friend is absolutely right. We need to ensure that prison governors have all the tools at their disposal to get people the education they may not have had—almost half of prisoners do not have basic English and maths—to get them into jobs and training, so that they can go into work and lead a lawful life when they leave prison.
Kate Green (Stretford and Urmston) (Lab)
Following the transforming rehabilitation reforms, there has been a 57% increase in the number of offenders being recalled as a result of failure to keep in touch during supervision after short sentences. What action are the Government taking to address this rise in the number of people being recalled to prison, and why is such failure being seen as a result of the reforms?
Elizabeth Truss
It is, of course, important that we recall people who pose a danger to society, but we need to ensure that we are recalling the right people. We are looking at that issue and at wider probation reforms to ensure that we turn people’s lives around not just while they are in prison, but while they are under community supervision.
Robert Neill (Bromley and Chislehurst) (Con)
One particularly stubborn area of concern has been the above-average reoffending rate of those serving sentences of 12 months or less. Does not that give rise to the need to look again at the effectiveness and use of short sentences as opposed to community penalties, and to look carefully at the way in which the Through the Gate programme operates? There is a real concern that there is not adequate follow-up for people who are released under these circumstances.
Elizabeth Truss
The Chair of the Select Committee on Justice is right that we need to get better at intervening before people commit crimes that lead to custody. As well as announcing a review of probation and the way in which it operates, we are looking at community sentences. We are ensuring that good community sentences are in place and that there is a higher use of mental health treatment orders and drugs desistance orders, which reduce the likelihood of reoffending.
Thangam Debbonaire (Bristol West) (Lab)
What steps is the Secretary of State taking to reduce reoffending by domestic violence perpetrators in prisons and in communities?
Elizabeth Truss
The hon. Lady is absolutely right that, as we have got better at dealing with issues of domestic violence, there is more we can do. That is why I am leading a joint taskforce with the Home Secretary to look at the law around domestic violence. We are also ensuring that domestic violence victims are protected in the family court. Under the Prisons and Courts Bill, abusers will no longer be able to cross-examine domestic violence victims, and that is an important step forward.
Andrew Selous (South West Bedfordshire) (Con)
I am sure the Secretary of State will welcome the fact that companies such as Boots, Barclays, Carillion, Land Securities, Ricoh and many others have “banned the box” to improve the chances of ex-offenders getting jobs. However, does she share my concern that some quite big household names have not yet stepped up to the plate? Will she do her bit to get them over the line alongside those other good employers?
Elizabeth Truss
I congratulate my hon. Friend on the work he did to get more employers involved in this when he was a Minister. We are following on from his good work by setting up an organisation called the New Futures Network, which will comprise businesses and charities. The network will encourage more employers to take on ex-offenders, who are often very loyal and hard-working employees, and who can help to address some of the skills shortages we face.
Yasmin Qureshi (Bolton South East) (Lab)
Reoffending now costs us £15 billion annually, as the Secretary of State just said. A recent report by Her Majesty’s inspectorate of probation noted that not enough is being done to help prisoners to prepare for life outside prison, due to a
“combination of unmanageable caseloads, inexperienced officers, extremely poor oversight”.
The service was rated as four-star before privatisation. What will the Secretary of State do to address this?
Elizabeth Truss
As I have said, it is important that people are supported to get into jobs once they leave prison. Just as we are establishing metrics for governors, showing how many people are employed once they leave prison, we want to use similar metrics to hold probation operators to account to make sure that they are focused on getting people into homes and into work, which we know leads to a reduction in reoffending.
Mr David Burrowes (Enfield, Southgate) (Con)
John Pugh (Southport) (LD)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
As Lord Chancellor, I made a decision to lower the discount rate. Not to have done so would have been unlawful. Under the law, I may only consider the impact on victims, not defendants. As I have said, the system needs to be reformed, because I do not think it is right that a discount rate is set on an ad hoc basis by the Lord Chancellor.
Elizabeth Truss
I have spoken to my right hon. Friend the Health Secretary to discuss the implications for the NHS. As I said, under legislation the Lord Chancellor must only consider the impact on the victim. I do not think the procedure works in the right way, which is why I will shortly bring forward a consultation on a better way to set the discount rate.
Mr Jonathan Djanogly (Huntingdon) (Con)
There seems to be some element of confusion in the minds of the public. The insurance industry says that car insurance premiums will go up because of the fall in the discount rate, while the Government, quite rightly, say that insurance premiums should come down because of the proposed changes in the Prisons and Courts Bill. Is this a question of netting off, with no change to premiums at all, or can the Lord Chancellor be slightly more scientific?
Elizabeth Truss
My hon. Friend makes the point that there are different issues around the discount rate and whiplash. The measures on whiplash in the Prisons and Courts Bill should reduce insurance premiums by, on average, £40. The issue about the discount rate is very different: it is an independent decision that the Lord Chancellor has to make. I am saying that we need to review the way that decision is made, and I will be bringing forward a consultation on that very shortly.
Luke Hall (Thornbury and Yate) (Con)
Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
In November, we announced a £100 million investment to increase prison officer numbers by 2,500. We are on target with that recruitment, and I can tell the hon. Lady today that 700 officers are currently in training—a record number.
Dr Blackman-Woods
An inspection report on Durham prison published this morning shows that 60% of prisoners report feeling unsafe—up from 37% in 2013. At the same time, the number of staff has reduced from 190 to 159. Does the Secretary of State agree that it is harder for prison staff to keep themselves and prisoners safe when numbers have been so reduced? What is she going to do to improve prisoner safety now?
Elizabeth Truss
The hon. Lady is absolutely right about the concerning report on HMP Durham. We are addressing issues of recruitment in that prison and in prisons across the country. We have created 2,000 new positions at a more senior grade for experienced officers with mental health training and other types of training. Those positions will be available in Durham, which will help us to retain some of our experienced and valued staff.
Graham Evans
Retaining and recruiting experienced staff is crucial to the success of any organisation. What steps is my right hon. Friend taking to keep experienced prison officers, particularly in the north of England?
Elizabeth Truss
My hon. Friend is absolutely right. We are creating an additional 2,000 positions, which will be paid around £30,000. They will be available in his local area and in Durham, because it is vital not only that we ensure that we have enough staff—we are recruiting 2,500 prison officers—but that we retain our highly valued existing staff right across the country.
Tom Blenkinsop
I refer the House to my entry in the Register of Members’ Financial Interests. Research by the Community union found that the main barrier to retention was not pay but safety. Prison officers in both private and public prisons feel unprepared, isolated and undermined. Will the Government conduct a complete review of the training, support and development given to prison officers and act on Community’s call for a set of adequate minimum safety standards?
Elizabeth Truss
The hon. Gentleman is absolutely correct that prison officers have raised concerns about safety. We are employing more prison officers, so that one officer will have a case load of six offenders, which will help to keep prisons safe and, importantly, turn people’s lives around. We are reviewing training and the career structure for prison officers, ensuring that there are opportunities for promotion and to take on leadership roles.
Mr Peter Bone (Wellingborough) (Con)
The Government are closing down old, ineffective prisons and replacing them with modern prisons. In fact, they are building capacity for 10,000 new places on the basis of old for new. Will that not help to retain prison officers?
Elizabeth Truss
My hon. Friend is right. I was delighted that we were able to say that Wellingborough will have one of those new prisons. We have just opened HMP Berwyn in Wrexham, which is operating well already and will help us to deal with overcrowding. The new prisons will also ensure that we are able to attract and retain prison officers in places where offenders can be reformed.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I rise to speak as chair of the cross-party justice unions parliamentary group. As the Secretary of State mentioned, HMP Berwyn opened its doors and accepted its first men last week, but how can she condone paying newly recruited prison officers in north Wales £8,000 less than new recruits in south-east England?
Elizabeth Truss
I am determined to ensure that we recruit the right number of officers right across the country. In the south-east, where costs are high and where there is much competition for highly skilled individuals, we have specific issues with recruiting and retaining people. However, the 2,000 new more senior roles that I mentioned are available right across the country, and people in HMP Berwyn will be able to apply for them with that extra training and get that extra pay.
Yasmin Qureshi (Bolton South East) (Lab)
There are now 6,000 fewer prison officers on the frontline than in 2010, and they are dealing with more prisoners. The Secretary of State wants 2,500 extra officers by 2017, but officers are leaving the service faster than she can recruit them. When will she come up with an effective plan to turn around that expanding exodus?
Elizabeth Truss
I am afraid that there were two factual errors in the hon. Lady’s question. First, the prison population is exactly the same as it was in 2010—it has not gone up. Secondly, we are recruiting people at a record rate and have a record number of officers in training.
Wendy Morton (Aldridge-Brownhills) (Con)
Huw Merriman (Bexhill and Battle) (Con)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
We are launching new performance metrics that will measure not only the amount of work taking place in prisons but the percentage of prisoners who secure employment on release, and we will use those measurements to hold governors to account. We are also creating new apprenticeships in areas where there are skill shortages, such as construction, retail, catering, logistics and digital, so that prisoners can go into relevant roles.
Huw Merriman
We know that paid work transforms lives. Rather than provide purely menial work or training, will the Lord Chancellor require prisoners to pay their way via skilled employment, which can continue when their sentences end?
Elizabeth Truss
My hon. Friend is correct. We are taking an outside-in approach: we are finding employers who have jobs to offer on the outside, and they then start to deliver training on the inside, so that the individual goes straight into an apprenticeship or employment on release. We already have a very successful scheme involving Land Securities and Halfords, and we are building up the number of employers that are part of that arrangement.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
There are many great examples of prison enterprises, such as the Freedom Bakery, which is a social enterprise artisan bakery that operates in the Scottish Prison Service at HMP Low Moss near Glasgow. What measures are the Government taking to encourage such initiatives south of the border?
Elizabeth Truss
That is an important initiative. We have several initiatives in our prisons, including the Clink Restaurant and the Bad Boys’ Bakery, which does excellent baked goods—I think I mentioned it last time. There are huge opportunities in catering and cheffing, in which we have skill shortages. We can do a great deal with apprenticeships to make sure that people are trained up to take on those roles on release.
Mr Gavin Shuker (Luton South) (Lab/Co-op)
Mr Andrew Turner (Isle of Wight) (Con)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
We are working on potentially transferring the former Camp Hill site to the Homes and Communities Agency. This is an opportunity to develop the site, build new homes and regenerate the local area.
Elizabeth Truss
I would be delighted to meet my hon. Friend, as indeed would my right hon. Friend the Secretary of State for Communities and Local Government. As I have said, we are seeking to transfer the site to the Homes and Communities Agency. Yesterday, I had a meeting with officials to urge them to get on with it.
Several hon. Members rose—
Bob Blackman (Harrow East) (Con)
The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
Last month, we introduced the Prisons and Courts Bill. For the first time, as well as punishing offenders by depriving them of their liberty, a key purpose of prison will be reforming offenders. There will be a new framework and a clear system of accountability. I will account to Parliament for progress. We are also putting in a strengthened inspectorate and an ombudsman for sharper external scrutiny. We are modernising our courts system and ensuring that vulnerable victims and witnesses are no longer cross-examined by their alleged abusers in the family court.
Bob Blackman
My Homelessness Reduction Bill reaches its Committee stage in the House of Lords on Friday. One provision is to ensure that prison governors prepare prisoners so that they are not homeless when they leave prison. What action has my right hon. Friend taken to ensure that prison governors are aware of their responsibilities under the new law?
Elizabeth Truss
First, I can tell my hon. Friend that we are making sure that we measure how successful prison governors are at getting people into accommodation once they leave prison. The public will be able to see that information, as it will be publicly available. I am also speaking to my right hon. Friend the Secretary of State for Communities and Local Government and working with him on his homelessness plan, and helping ex-offenders get into homes is a key part of that.
Martyn Day (Linlithgow and East Falkirk) (SNP)
Elizabeth Truss
As the hon. Gentleman knows, those issues are being discussed by my right hon. Friends the Prime Minister and the Secretary of State for Scotland. It is important that we get a deal that is good for the entire United Kingdom.
James Berry (Kingston and Surbiton) (Con)
Mr Douglas Carswell (Clacton) (UKIP)
Elizabeth Truss
I thank the hon. Gentleman for his thoughts on this issue. I point out that there is currently an open competition for Supreme Court justices. I want to encourage as many qualified candidates as possible to come forward. The closing date is the 10th, so if any are listening, I want them to apply for the role. It is very important to distinguish between the situation in the US, where there is a written constitution, and here, where we have a sovereign Parliament and the role of the Court is to interpret legislation. The Select Committee absolutely has a role to play, post-appointment, in making sure that it is holding the Supreme Court justices to account, but I think that it would be dangerous to muddy the water with pre-appointment hearings.
Mr Speaker
The hon. Gentleman looks cruelly let down, but we will have to cope.
Toby Perkins (Chesterfield) (Lab)
Karl MᶜCartney (Lincoln) (Con)
Ian C. Lucas (Wrexham) (Lab)
Elizabeth Truss
I thank the hon. Gentleman for his question. We have expertise in dealing with psychoactive substances. We have rolled out tests across the prison estate, and we are working on prisoner education to deter people from that type of drug abuse. I am very happy to facilitate a meeting with the Prison Service and the hon. Gentleman, so that we can make progress together.
Mr Christopher Chope (Christchurch) (Con)
Elizabeth Truss
First, I am very happy to make sure we look into the case my hon. Friend raises. We do have to remember that public protection must always be our priority, so while we are keen to see people get the training and re-education they need to secure a successful parole hearing, we must always make sure the public are kept safe.
Kate Green (Stretford and Urmston) (Lab)
Lucy Frazer (South East Cambridgeshire) (Con)
As the Secretary of State mentioned, the Supreme Court judges application process ends on Friday. In circumstances where around 20% of Court of Appeal judges and 20% of High Court judges are female, what is she doing to ensure we get more diversity in our highest courts?
Elizabeth Truss
My hon. and learned Friend is absolutely right. We have never had a female Lord Chief Justice or a female Master of the Rolls. Out of 11 Supreme Court justices, only one is a woman, and that is not good enough in modern Britain. What we need to do is make sure it is easier for highly talented solicitors to apply to go on the bench, and Lord Kakkar is looking at that. We are creating direct entry into the High Court for talented individuals, and we are also creating the 100 top recorders competition to encourage more entrants from among good individuals.
John Cryer (Leyton and Wanstead) (Lab)
Given the 30% cut in prison officer numbers since 2010, and given the poor retention rates among new recruits, at what point will the number of officers reach the appropriate level?
Tom Pursglove (Corby) (Con)
Developing skills in prison is crucial to successful rehabilitation, but it is important that those skills translate into the real world. What consideration are Ministers giving to ensuring that skills development in prison dovetails with the needs in the industrial strategy?
Elizabeth Truss
My hon. Friend is absolutely right, and I know he is a big supporter of the new Wellingborough prison. In that prison, as well as in others across country, we are looking at areas where there are skills shortages—whether it is in construction or catering—and making sure that we start apprenticeships in prison that can then be completed on the outside, so that we can bring new, skilled people to important industries.
Conor McGinn (St Helens North) (Lab)
There are reports today of children being held in solitary confinement in prisons in this country, which is shocking, immoral and probably unlawful. Surely, the Secretary of State understands that, whatever chance these young people have of turning their lives around, they will not find it if they are locked in a cell for 23 hours a day. Will she commit now to ordering an end to this practice?
Nigel Huddleston (Mid Worcestershire) (Con)
Given the disturbing revelations this morning relating to Facebook and the use of sexualised images of children online, are we doing enough to protect our children, online and offline?
Elizabeth Truss
I am working on this subject very closely with my right hon. Friend the Secretary of State for Culture, Media and Sport. We need to ensure that more people are brought to justice—in fact, there has been an increase of 140% in those brought to justice for sexual offences—but we also need to make sure that internet companies are doing their bit to crack down on this practice.
Several hon. Members rose—
Fiona Mactaggart (Slough) (Lab)
Ministers have praised the Corston report on women in the criminal justice system and yet are currently planning, I hear, to open specialist units for women as adjuncts to men’s prisons, going in the opposite direction to the Corston report. Can they reassure me that I am wrong?
Elizabeth Truss
I can reassure the right hon. Lady that she is wrong and we are not doing that. In fact, I will be giving a speech this afternoon on the 10th anniversary of the Corston report, and she is very welcome to come along.
Mr Speaker
Put a copy in the Library of the House and we will all be blessed.
Richard Arkless (Dumfries and Galloway) (SNP)
Despite the Government’s attempt to recruit more prison officers, staff rolls at many prisons continue to fall—High Down’s went down by 30. Is this recruitment drive working, or are demoralised prison officers leaving before they can recruit more?
Elizabeth Truss
We have launched a very important prison officer recruitment programme, and we have a record number of officers currently in training. However, we need to recognise that it takes time to recruit and train these officers. That is why we are also making sure that we pay our experienced officers at the right level and creating new, more senior roles for experienced officers as well as getting new recruits in.
Several hon. Members rose—
Louise Haigh (Sheffield, Heeley) (Lab)
I am afraid that the Secretary of State’s answer to my hon. Friend the Member for Chesterfield (Toby Perkins) was simply not good enough. Can she explain why, after two years, she still has not commenced the law to protect our children from sexual predators?
Elizabeth Truss
I assure the hon. Lady, as I assured the hon. Member for Chesterfield (Toby Perkins), that this is imminent.
Rachael Maskell (York Central) (Lab/Co-op)
With cuts to local government funding and other sources, access to advice on civil matters is being squeezed harder than ever. There are cuts of 50% in York. What is the Justice Secretary doing about this?
Justice Update
Elizabeth Truss Excerpts(7 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
Earlier today, I notified the market via the London Stock Exchange group that I would today lay a statutory instrument to change the discount rate applicable to personal injury lump sum compensation payments, to minus 0.75%.
Under the Damages Act 1996, I, as Lord Chancellor, have the power to set a discount rate which courts must consider when awarding compensation for future financial losses in the form of a lump sum in personal injury cases.
The current legal framework makes it clear that claimants must be treated as risk averse investors, reflecting the fact that they may be financially dependent on this lump sum, often for long periods or the duration of their life.
The discount rate was last set in 2001, when the then Lord Chancellor, Lord Irvine of Lairg, set the rate at 2.5%. This was based on a three year average of real yields on index-linked gilts. Since 2001, the real yields on index-linked gilts has fallen, so I have decided to take action.
Having completed the process of statutory consultation, I am satisfied that the rate should be based on a three year average of real returns on index-linked gilts. Therefore I am setting it at minus 0.75%. A full statement of reasons, explaining how I have decided upon this rate, will be placed in the Libraries of both Houses. The statutory instrument to effect this change has been laid today, and will become effective on 20 March 2017.
There will clearly be significant implications across the public and private sectors. The Government are committed to ensuring that the NHS Litigation Authority has appropriate funding to cover changes to hospitals’ clinical negligence costs. The Department of Health will also work closely with general practitioners (GPs) and medical defence organisations to ensure that appropriate funding is available to meet additional costs to GPs, recognising the crucial role they play in the delivery of NHS care.
The Government will review the framework under which I have set the rate today to ensure that it remains fit for purpose in the future. I will bring forward a consultation before Easter that will consider options for reform including: whether the rate should in future be set by an independent body; whether more frequent reviews would improve predictability and certainty for all parties; and whether the methodology—which in effect assumes that claimants would invest only in index-linked gilts—is appropriate for the future. Following the consultation, which will consider whether there is a better or fairer framework for claimants and defendants, the Government will bring forward any necessary legislation at an early stage.
I recognise the impact this decision will have on the insurance industry. My right hon. Friend the Chancellor will meet with insurance industry representatives to discuss the situation.
[HCWS503]
Youth Justice
Elizabeth Truss Excerpts(7 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
In December 2016, we set out our plans to reform our approach to youth justice, which will help drive forward improved outcomes for young offenders both in custody and in the community.
We are today announcing the next steps of our reforms with a package of measures which will create stronger, clearer governance for the youth justice system.
I have appointed Charlie Taylor as the new chair of the youth justice board. He is uniquely well placed to take on this role: he has led changes in Government policy on the education of children who have been excluded from school, is a former head teacher of an outstanding school for children with complex behavioural, emotional and social difficulties, and his youth justice review set out a compelling vision for reform. As the chair of the board, it is this vision that he will work with my Department to drive forward.
We will create a new Youth Custody Service as a distinct arm of HM Prison and Probation Service, with a dedicated director accountable directly to the chief executive and working closely with the chair of the youth justice board. The director will have operational responsibility for the day-to-day running of the youth estate, will keep a firm grip on performance, and will be a board-level member of HM Prison and Probation Service. The Youth Custody Service will have its own workforce separately recruited and trained to work in the youth estate, and we will create distinct career pathways for those wanting to work with children and young people in the secure estate, including a new youth justice specialist worker role.
We will bring responsibility and accountability for commissioning youth custody services into the Ministry of Justice. Working closely with the chair of the youth justice board, the Department will be responsible for setting clear standards for the provision of youth justice and will be responsible for intervening decisively to address poor performance.
These changes will enable the youth justice board to build on its strong track-record and focus on its statutory function of providing vital independent advice on, and scrutiny of, the whole system, advising the Government on what standards to set for the youth justice system and monitoring delivery of those standards. It will continue to work closely with youth offending teams to promote early intervention in the community and share best practice across the system.
The youth justice system covers England and Wales and the majority of services for children and young people in Wales are devolved. We will continue our collaborative approach with the youth justice board Cymru and the Welsh Government under these new arrangements.
We are very grateful to Lord McNally, whose term as chair ends shortly, for his dedicated leadership of the youth justice board over the past three years, and thank him for the drive and passion he has shown.
Charlie Taylor will become the new chair of the youth justice board when Lord McNally’s term ends. Under the Governance Code on Public Appointments, which came into effect on 1 January this year, Ministers can, in exceptional circumstances, make an appointment without a competition. I have decided to appoint Charlie Taylor as the new chair of the youth justice board on these terms and, in accordance with the Code, have consulted the Commissioner for Public Appointments who has accepted the decision.
We are also publishing today the findings and recommendations of the youth custody improvement board. The board was set up to explore and report on the current state of the youth custodial estate and recommend how the system could be improved, particularly focusing on any current risks to safety and well-being. We are very grateful to its members for their work. The board’s report underlines the importance of reforming the youth custody system. Many of their recommendations are reflected in our plans, and we will consider all their recommendations as we implement our reforms.
[HCWS502]
Prison Governors
Elizabeth Truss Excerpts(7 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
I have today introduced the Prisons and Courts Bill, which will create a new statutory framework to support the Government’s plans to make prisons places of safety and reform. The measures in the Bill are a vital part of the wider structural reforms announced in the Prison Safety and Reform White Paper published on 3 November 2016.
The right framework and standards for improvement
In the White Paper we committed to reforming how the prison system is structured in order to make lines of accountability clear and create sharper and more transparent scrutiny.
To deliver this, the Prisons and Courts Bill will enshrine in statute the purpose of prison, setting out for the first time that reform of offenders is a key aim for prisons. The Bill makes clear how the Secretary of State for Justice will account to Parliament for progress in reforming offenders.
The Bill also provides strengthened powers to Her Majesty’s inspectorate of prisons, including enabling the chief inspector to trigger an urgent response from the Secretary of State where they have significant concerns about a particular prison that need to be addressed as a matter of urgency. It puts the prisons and probation ombudsman on a statutory footing, giving them greater permanence and powers.
The White Paper set out how this new framework will be underpinned by new standards, a new commissioning structure and new powers for governors. This will create a more focused prison system where governors are clear what they need to deliver and are empowered to do so.
To deliver this, we will create new, three-year performance agreements signed by the Secretary of State and the governor of each prison. The agreements will be phased in over the next two years: the first third of prisons will sign the new agreements on 1 April, with the other two thirds moving to this approach by 1 April 2019. The agreements will include the following standards, based on the aims for prisons set out in the Bill, which governors will be held to account for:
Protecting the public. We will do this by measuring, from April 2017:
The number of escapes from closed prisons;
The number of absconds from open prisons; and
Compliance with key security processes such as searching.
Reforming offenders. We will do this by measuring:
Time spent out of cell, starting from April 2017 in the prisons where the technology to track this has been introduced;
Progress made in getting offenders off drugs. Prisoners will be tested on entry and exit with a phased roll-out beginning in 2017;
Progress made in health, starting with a measure of medical appointments attended by prisoners starting in England from April 2017;
Progress made in maths and English, starting with qualifications gained from April 2017 and introducing testing on entry and exit in the longer term; and
Progress in maintaining or developing family relationships. This will be a new measure which we are currently developing.
Preparing prisoners for life on release. We will do this by measuring, from April 2017:
Rate of prisoners being released to suitable accommodation;
Rates of sustainable employment, including apprenticeships, and education in the period following release.
Improving safety. We will do this by measuring, from April 2017:
Assaults on prison staff and prisoners;
Disorder and self-harm; and
Staff and prisoner perceptions of safety.
We want the public to understand what progress is being made in our prisons, so we will publish data setting out how prisons are performing. We will collect the data from April 2017 and begin publishing official statistics regularly from October 2017.
To support delivery of these reforms on the ground, on 1 April we are creating a new, operationally focused executive agency, Her Majesty’s Prison and Probation Service, which will be responsible for all operations across prison and probation and will refocus headquarters on supporting, not micro-managing, governors. The Secretary of State will set standards, commission services, and hold them to account.
Empowering governors to deliver
If we are to hold governors to account for meeting this new standards, they must be given the power to deliver change. We are devolving key operational policies to give governors greater flexibility, and have already cancelled 101 policies to help reduce bureaucracy for prisons. We will also remove current restrictions so that from 1 April 2017, governors have the freedom to:
Design their regime to meet local delivery needs and target training and work in prisons to match the local labour market. Prisoners could, for example, work shift patterns to deliver new commercial contracts. This would help them to meet the standards to reform offenders and prepare prisoners for life on release.
Decide their workforce strategy, including their staffing structure, to support meeting the standards. They could bring in specialists to work with particular types of prisoners, and tailor their staffing to support the prison regime they have designed.
Control how they spend their resource budget. They could choose, for example, to pay for increased dedicated police officer time to reduce criminal activity in prison to improve safety and protect the public.
Plan and take decisions about health services jointly with local health commissioners, through a co-commissioning framework.
Over the coming months, we will build on these essential freedoms even further by giving governors additional scope to:
Decide what education opportunities they offer. Over 2017 and 2018, we will give governors control of the education budget, so that they can overhaul education and training to match the skills and qualifications prisoners need in the local labour market.
Control how family support services work. From autumn 2017, governors will control budgets for family services, like visitors’ centres and parenting skills classes, so they can choose the right way to support family relationships.
Have more say on the goods and services in their prison. As each national contract ends, for example on food or equipment, we will determine how to devolve responsibility to governors.
This process of devolution and deregulation is being supported by learning from the work of the six reform prisons. These prisons will continue to explore and identify options for devolution across the estate as wider reforms are implemented. We have commissioned a formal evaluation to support this with regular feedback being provided to inform policy development ahead of the final report in early 2018.
These reforms are major changes that will result in sustained improvement over a decade. By the end of this Parliament this strategy will have delivered much needed new facilities, empowered governors and introduced modern technology to improve regimes, support reform and combat security threats.
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Prisons and Probation
Elizabeth Truss Excerpts(7 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Elizabeth Truss)
A new Executive agency of the Ministry of Justice, called Her Majesty’s Prison and Probation Service, will replace the National Offender Management Service from 1 April 2017. The service will be responsible for the roll out of the Government’s programme to improve the way we reform offenders to protect the public and tackle the unacceptable levels of reoffending. Michael Spurr will become the Chief Executive of the new HM Prison and Probation Service from 1 April 2017.
HM Prison and Probation Service will have full responsibility for all operations across prison and probation. The Ministry of Justice will take charge of commissioning services, future policy development and be accountable for setting standards and scrutinising prison and probation performance.
The creation of HM Prison and Probation Service will build a world-leading, specialist agency, dedicated to professionalising the prison and probation workforce, backed by an additional £100 million a year and 2,500 additional prison officers. The service will be a place that staff are proud to work, attracting the brightest and best talent to deliver modernised offender reform, strengthened security, counter-terrorism and intelligence capability.
In recognition of the vital work carried out by prison and probation staff, new schemes to improve promotion opportunities have been launched, including enhanced professional qualifications for probation officers, a new leadership programme, an apprenticeship scheme to launch in April and higher pay and recognition for specialist skilled officers dealing with complex issues such as counter-terrorism, suicide and self-harm support and assessment.
This forms part of our far-reaching organisational reforms to the system, which will make services more accountable to Ministers for delivery and performance. This will be further supported by measures within the prison and courts Bill, which will create a new framework and clear system of accountability for prisons.
Probation services will also offer improved training and learning opportunities for offenders to ensure they do not return to a life of crime, working hand in glove with prisons to ensure a more integrated approach. We will set out more details later this spring.
A key priority of HM Prison and Probation Service will be to focus on the particular needs of offenders. To meet the needs of women offenders across the whole system, for the first time there will be a board director responsible for women across custody and community. Sonia Crozier, Director of Probation, will take on this responsibility (reporting directly to the CEO) from 1 April 2017. We set out also in December 2016 the Government’s plans for the youth justice system, putting education and training at the heart of youth custody. We are working closely with the Youth Justice Board to review existing governance arrangements and will set out changes in due course.
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