Oral Answers to Questions

Emma Hardy Excerpts

Tuesday 26th March 2024 Commons Chamber

[Mike Freer]

My hon. Friend makes a very good point. The Department has already started work on a call for evidence on where we go with the regulation of the funeral director sector; that will be issued shortly. I am more than happy to ensure that the views of any funeral director are fed in, and, of course, to meet with the firm in his constituency.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I thank the Minister for the productive and supportive way that he has engaged with me on the appalling situation with Legacy funeral directors in Hull. I am utterly committed to regulating this industry and never again allowing that appalling, heartbreaking situation to be repeated. I have heard the Minister’s response to the hon. Member for Bosworth (Dr Evans), but could he speak a little bit more about timeframes? Does he agree that in the interval before statutory regulation comes in, we should encourage all funeral directors to subject themselves to voluntary regulation by one of the trade bodies, and to do everything they can to reassure the public that not all funeral directors are in a situation like the appalling situation that we have had in my constituency?

Rape and Sexual Violence

Emma Hardy Excerpts

Tuesday 8th March 2022 Commons Chamber

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I thank my hon. Friend for giving way and hope the Minister is able to respond to this point as well. I have previously mentioned that women who are subjected to rape are not entitled to criminal injuries compensation if they have had a prior conviction, whatever that conviction might be. That means that if they are then a victim of rape they are entitled to no compensation. Does my hon. Friend agree that this is completely unfair, and that just because someone may have a committed a crime in the past, that does not mean that when they are raped they should not have some compensation for the suffering they faced?

[Ellie Reeves]

I thank my hon. Friend for making that point so passionately. She is absolutely right, and of course this needs to be looked at and changed.

The impact of these failings in the criminal justice system is all too real for many of those with lived experience of it. One survivor at a recent roundtable I held along with my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) told us that while they had come to terms with what had happened to them, they could not come to terms with how they had been treated by the criminal justice system. Survivors continually tell us that they often feel as though they are the ones being investigated or standing trial, and that lengthy court delays compound and extend their trauma. One survivor said:

“I still have flashbacks to the whole process and ask myself what I could have done differently. The defendant had help on what to expect in court, but all I had was someone saying ‘if you tell the truth then that’s enough’—well I did tell the truth but it wasn’t enough.”

Another said:

“It was my belief that all of this extra pain and suffering being endured by myself in order to go through the investigation with only a slight chance of it going to court wasn’t worth it in my opinion. Especially since I would have had to face my perpetrator in court and I was told it most likely wouldn’t end up with a prosecution anyway.”

--- Later in debate ---

[The Minister of State, Ministry of Justice (Victoria Atkins)]

I have had the privilege of debating International Women’s Day for several years, but never has one been set in such an atmosphere or against such an international backdrop as the horrific invasion of Ukraine. We are incredibly honoured to have heard moments ago from President Zelensky, who is facing enormous threats to his personal safety and that of his country and fellow citizens. I will address the debate in the same spirit of international unity on this great day when we celebrate and mark our hopes and aspirations for women around the world.

The last 13 days have shown how precious democracy is across the world. We in the United Kingdom have a long and proud history of democracy, but it is something that we must protect, cherish and nurture. We in this Chamber are the personification of the importance of democracy in our country. It is through contributions made here, and through the work of Back-Bench MPs and Ministers, that we deliver change through democratic processes in our great country.

We are already hearing of terrifying incidents of violence against women and girls in Ukraine. Of course, we have seen the absolutely heart-rending experiences of women and girls fleeing their home and their country to seek safety and sanctuary elsewhere in Europe. We stand with them and with all women and girls who are living through conflict in this terrible time. I take in genuine spirit the tone in which the debate has been raised and I invite, as we have as a Government, scrutiny of the measures that we are taking to address violence against women and girls.

We have taken a hard and honest look at how the entire criminal justice system deals with rape and serious sexual violence. We have acknowledged that in too many instances, it has simply not been good enough. Since the publication of the rape review last year, however, we have learned lessons and we have brought and are bringing measures into place to build change.

When these devastating crimes happen, we want victims to come forward and feel confident to report them and to seek justice. That involves many stages of the criminal justice process from the moment a report is made to the police to the conclusion of the case. On the global stage and on British streets, we are working tirelessly every day to ensure that women and girls feel safe and that they know that they can trust the criminal justice system to punish perpetrators. We are breaking biases, supporting victims and making the changes that the public expect.

[Emma Hardy]

As I raised with my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves), when rape convictions are completed and somebody is found guilty, the victim is sometimes unable to get criminal injuries compensation because she may have prior convictions that are unrelated to sexual assault, as happened to my constituent. I have raised that in Parliament before and I was promised a meeting with a Minister, which has not yet been forthcoming. In the spirit of co-operation, I hope that on the issue of sexual violence, the Minister will look again at eligibility for criminal injuries compensation.

[Victoria Atkins]

The hon. Lady has raised an important point and I undertake myself to meet her to discuss this—very much so.

This Government have taken decisive and measurable action in the last 12 months to make our system stronger. I stress the word “measurable” because this is how we are going to drive change across agencies over the coming months and years to address the issues highlighted in today’s debate. We are focusing on preventing these horrendous crimes from taking place in the first place. We published the tackling violence against women and girls strategy last year very much in response to the 180,000 accounts that we received from women and girls, and men, who wanted to share their thoughts and experiences of violence against women and girls.

We have already put a range of practical steps in place, including, only last week, the public communications campaign “Enough”, which I encourage all Members across the House to share on their social media channels and networks to get the message out about the unacceptable attitudes that we do not want to see in our country in the 2020s.

We have also funded local projects and initiatives across England and Wales to the tune of more than £27 million to improve the safety of women in public spaces through the safer streets fund. I know this is a matter of interest to various colleagues. We, of course, have the roll-out of statutory relationships, sex and health education in schools, because we understand that we need to ensure that children and young people are taught at the earliest age possible and in an age-appropriate way what healthy and respectful love looks like.

In the last year, we have also published the end-to-end rape review report and action plan and we have looked at every stage of the criminal justice system. The hon. Member for Lewisham West and Penge (Ellie Reeves), understandably, says it took a long time. It did, because this is such a complex area, and everybody in the House will appreciate that we do not want to suffer unintended consequences, no matter how well meaning measures may be in the first place. With that approach, we outlined in the action plan a robust and ambitious programme of work.

In December, precisely because we are determined to have an attitude of non-defensive transparency about what is happening at various stages across the criminal justice system, we published our first six-monthly progress report and quarterly scorecard for adult rape cases. I am never very sure about that precise word, but it is the word we have come up with for the time being. It is about increasing public transparency of performance across the criminal justice system at every stage by grabbing data from the system from the moment a crime is recorded by the police to the completion of a case in court. The metrics have been selected to cover priority areas such as victim engagement, timeliness and the volume of cases reaching court.

The hon. Lady raised the point about equalities. Believe you me, this is something we are very conscious of. She will, I hope, understand—I do not say this by way of complaint; it is just a fact—that, because different parts of the CJS collect their data in different ways and measure different things, we have had to group together. She will have seen from the scorecards how carefully we have had to use the measures in various parts, because there is not a single line of measurement that runs through every stage of the CJS. We will get there, but at the moment it is taking a bit of time to collect that data. On the point about equalities, it is one of those measurements that we do not have yet. That is not for want of attention or effort, but it is taking a bit of time to try to address some of the very real equalities measurements. She will know, I hope, that, as part of the scorecard process, I personally not just chair meetings with leaders across the CJS, but listen to survivors groups, because they are the people who can very much guide us on some of this work.

Oral Answers to Questions

Emma Hardy Excerpts

Tuesday 14th September 2021 Commons Chamber

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

My constituent had a successful career until addiction took control and she ended up in prison for crimes related to her addiction. She is out of prison, she is not reoffending and she is clean. She is getting her life back. Last year, however, she was raped. The rapist has been convicted, but she has been told that she is not entitled to criminal injury compensation because she has a prior conviction. Is that fair?

[Kit Malthouse]

I am not aware of the specifics of that particular case. I am happy to meet or correspond with the hon. Lady if she wishes, but it is the case that people who have been convicted of a prior criminal offence are not entitled to compensation through the criminal injuries compensation scheme.

Police, Crime, Sentencing and Courts Bill

Emma Hardy Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab) [V]]

My hon. Friend the Member for Wallasey (Dame Angela Eagle) summarised the Bill perfectly: it contains the good, the bad and the ugly. There is some good in it, and I pay tribute to Labour colleagues who have campaigned to protect the protectors and for increased sentences for dangerous driving, which are in the Bill among some other stuff. However, I find some aspects of it deeply worrying for the future of our democracy, particularly clauses 54 to 60. I cannot comprehend how a Government who, on 16 February, declared that they were so concerned about free speech that they were introducing a duty for universities to

“stamp out unlawful ‘silencing’ on campuses”,

can then introduce a Bill that will damage the right to protest, because freedom to protest is part of our freedom of speech. The Government need to make up their mind: they either support free speech or they do not. Fully free speech does not mean just supporting the newspaper columnists and outspoken TV presenters that they agree with; it means supporting it for all.

I do not agree with every protest I see, and, yes, some are really annoying and some are really noisy, but I support the right for people to have that protest. I supported the coach industry with its noisy, inconvenient “Honk for Hope” protest. It is crucial that everyone understands that when someone loses the right to protest, everyone loses it; we cannot pick and choose. There have been people protesting outside Parliament for centuries. What makes this Government so precious that they are the Government who suddenly cannot cope with it? I will not support the silencing of people, for the Labour party stands for freedom for everybody, and that freedom includes, yes, even the Members on the Government Benches.

I will quickly turn to what else is missing. On 22 September 2020, I raised directly with the Lord Chancellor the increased abuse that shop workers were facing during the pandemic. He replied that it was

“incumbent on all of us to make sure that sentencing guidelines properly reflect the role that they play.”—[Official Report, 22 September 2020; Vol. 680, c. 793.]

I hope everybody can therefore understand why I was disappointed to see no specific reference to retail staff in the Bill. On 10 March, retail trade union USDAW renewed a call for legislation to protect retail staff after it released new statistics showing that 79% of shop workers said that abuse was worse than last year. I pay tribute to my hon. Friend the Member for Nottingham North (Alex Norris), who tried to bring in a private Member’s Bill on assaults on retail workers, but unfortunately the Government objected to it. One shop worker living in Hull West and Hessle stated some of the issues that they had faced, including bad language, spitting, throwing items at staff and verbal abuse, which had caused anxiety and depression. Unlike some Conservative MPs, I care about people more than I care about statues. People come first, and no one should face abuse for just doing their job.

Oral Answers to Questions

Emma Hardy Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I have been contacted by a local resident who works in a shop and who told me about the increase in abuse that she has faced during covid-19. She said that she has managed to get a full-time guard and body cameras but still the abuse continues. Further to the question from my hon. Friend the Member for Harrow West (Gareth Thomas), will the Government support the trade unions and the British Retail Consortium in their call for tougher action on those who assault retail staff?

[Robert Buckland]

The hon. Lady raises a very disturbing case, and sadly, it is not alone. Many shop workers have been at the frontline of providing vital services through the intensity of the lockdown and continue to do so. It is incumbent on all of us to make sure that sentencing guidelines properly reflect the role that they play. There is helpful reference in the sentencing guidelines, of course, to people in that line of service, but if there is more that we can do to draw the courts’ attention to the particular importance of shopworkers, we should do so.

Youth Inmates: Solitary Confinement

Emma Hardy Excerpts

Tuesday 2nd April 2019 Westminster Hall

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I beg to move,

That this House has considered youth inmates in solitary confinement.

It is a pleasure to serve under your chairmanship, Mr Hollobone. I am pleased to lead this extremely important debate. Much of the focus in our criminal justice system is rightly on our failing probation system following privatisation and the rising violence in our prisons, but worryingly little attention is paid to what is going on in our youth estate—particularly to the children and young people detained there—and to the concerning use of solitary confinement.

It may come as a surprise to some people listening to our debate who know me well that I became interested in this issue, but it links closely to work we have been doing in the Education Committee on exclusions, children with special needs and disabilities, and the link between children who have undiagnosed special needs, disabilities and emotional problems being excluded and then ending up in our prison system.

What is happening to those children and young people is extremely worrying. Just before the debate started, I was saying to a colleague who sits on the Government Benches that the issue forms part of a wider picture. Although it is one for the Justice team, I hope the Minister talks closely to the Education team, as well as to social services and local government teams, about how money can be invested in our vulnerable children as early as possible to give them the best possible chance in life so that they do not end up in the criminal justice system.

No one wants to see a child sent to prison. That is a failure on the part of our societal infrastructure. Everyone would agree that, for any young child to go to prison, there must have been a failure somewhere in the support given to that child—at school or on the part of society or social services. We have failed a young person who ends up in our criminal justice system.

Young offenders institutions must balance punishing a child for committing a crime—there should of course be consequences for criminal behaviour—with the need for rehabilitation and the need to assist the child to go on to become a productive member of society who will not offend again. Having been a teacher for 11 years, I know that we should never give up on children, even when our patience has been tested to the absolute limit. I am sure that parents agree—we do not give up. If we have a child who has reached the point of being involved in criminal activity and is being rightly punished for it, youth offenders institutions should be the opportunity to turn that around and to start again.

Getting the correct balance between those goals should be the guiding principle of youth justice. Falling too far towards punishment and not addressing the problems that caused a child to offend in the first place—perhaps undiagnosed special needs or disabilities, or social and emotional problems—means that the child will reoffend immediately on release. All that we would have created is an older criminal. Falling too far towards rehabilitation means that the victims of the crime will feel let down by the system. The use of segregation in young offenders institutions does not create the right balance between those goals—between giving young people a consequence for their actions and an opportunity to set themselves on the right path for the future.

Let me be clear about what I mean by segregation. I do not mean time out as an immediate response to violent or disruptive behaviour, or situations in which children must be physically isolated for their own protection or the protection of others. Solitary confinement—segregation, isolation or whatever else we might call it—is the deliberate removal of an individual from association with others. It was defined by the prison and probation ombudsman in a 2015 “Learning lessons bulletin” as

“an extreme and isolating form of custody”.

Whatever the Minister might say in his remarks about solitary confinement and segregation—that children are not subject to solitary confinement—the Children’s Commissioner has been clear, as have the current and the previous chief inspector of prisons, that the conditions to which children are exposed fit the definition of solitary confinement.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Lady on securing the debate. On the important point about a precise definition, or otherwise, does she agree that we need to get it fully and fairly established in the public mind so that we can determine year on year whether the problem is getting worse or improving? It does not help things if the goalposts change slightly, depending on the administration in place and how it does isolation or segregation.

[Emma Hardy]

I completely agree. That seems to be a sensible way to go forward with the problem. If we are to look at whether the use of solitary confinement is increasing, it makes sense to have a clear definition that everyone understands.

Most adult prisons have a dedicated segregation wing or unit, sometimes known as a care and separation unit, which allows prisoners to be moved off the main residential wings. That is mirrored in young offenders institutions, despite the fact that they hold much younger people. The conditions and rules for secure training centres, which hold even younger children, are a little better—children there are isolated in their own rooms or cells, or in empty classrooms or spaces, for shorter spans of time. We cannot escape the fact, however, that some children and young people are being held in conditions of isolation that are comparable to those for adults.

When assessing whether our existing segregation rules are fit for purpose, it makes sense to look first at the international rules setting out standards for the use of solitary confinement. The UN standard minimum rules for the treatment of prisoners, also known as the Mandela rules, state that given the devastating effect of solitary confinement on physical and mental health, it should be used only in exceptional cases, as a last resort, for as short a time as possible, after authorisation by a competent authority and subject to independent review.

The Mandela rules prohibit entirely the use of indefinite and prolonged solitary confinement—lasting more than 15 days—alongside its use for particularly vulnerable groups. Rule 45 explicitly states:

“The imposition of solitary confinement should be prohibited in the case of prisoners with mental or physical disabilities when their conditions would be exacerbated by such measures.”

Given that prohibition of solitary confinement for more than 15 days and for those with mental health disabilities whose conditions would be exacerbated by solitary, among whom we could reasonably include children, the UK clearly and worryingly appears to be straying into territory that might violate the Mandela rules.

[Victoria Prentis (Banbury) (Con)]

Does the hon. Lady agree not only that children of themselves are obviously vulnerable, but that the children she is talking about are particularly vulnerable? A disproportionate number of children with autistic spectrum disorder are in prison, as are many children with mental health issues and many who have been in care.

[Emma Hardy]

I absolutely agree with the hon. Lady. We know that from overwhelming evidence. So many children in our prison system have undiagnosed special educational needs and disabilities. As I said, what motivated my interest in this issue was all the work we are doing on children with special needs and disabilities, as well as the desperate need for early intervention and early support. When these children finally get to the point at which we as a society have failed them—when they are in prison—we should be pouring in money and resources, because how else will they ever have a chance to have some sort of effective life?

There are concerns right across the board about how segregation is used in the youth estate. Last October, after investigating those concerns, the Children’s Commissioner published her report on the use of segregation in youth custody. In it, she found excessive use of segregation in the youth estate, with children locked up and isolated in greater numbers, despite the overall numbers of those in custody falling at the same time—we are sending fewer children to prison, but those we are sending are more likely to end up in solitary confinement.

The Children’s Commissioner also found that the average length of segregation had doubled, with about 70% of episodes of segregation believed to have lasted more than a week, and many of those episodes involving the repeated segregation of the same children and young people. Again coming at that from an education point of view, I would say that any behaviour consequence that just results in the same behaviour over and over again is failing—it is not working, and it is time to try something else.

While the Children’s Commissioner notes that some children choose to self-isolate for a variety of reasons, which may be behind some rise in the figures, that does not account for all of it. If individuals self-isolate on a regular basis, surely that is an indication of serious problems with that young person. By self-isolating, they choose not to be part of the collective society of the institution, which is bad for their wellbeing, increases loneliness and isolation, and hampers their safety and mental wellness.

The Children’s Commissioner is not the only one who has raised concerns; many others have done so for a considerable time. The Howard League for Penal Reform, the Prison Reform Trust, the British Medical Association, the Royal College of Psychiatrists and the Royal College of Paediatricians and Child Health all condemn the use of segregation and its impact on young people. They criticise the Ministry of Justice’s continued use of the practice. The Royal College of Psychiatrists recently argued that punishment for punishment’s sake brings out the worst in some young people, and does nothing to help them become positive members of society.

Rather than improving behaviour, solitary confinement fails to address the underlying causes, and creates problems with reintegration. I return to my previous point: what is the purpose of putting people in prison? Surely, it is twofold: it is punishment and consequence for their behaviour, and it is a chance for them to rehabilitate to become productive members of society. If we make that behaviour even worse by putting them in solitary, we are failing, because all they will do is leave prison, return to society, reoffend and cause grief and hassle for the people living in their areas.

The Howard League for Penal Reform, which does some excellent work in this area and provides legal advice and support to children in custody, reported more requests for assistance in respect of isolation than use of force. More people go to it upset about their child being isolated than about force, despite the fact that the media tend to cover the use of force more than they do isolation. In the written evidence submitted to the Joint Committee on Human Rights during its inquiry, a number of cases were highlighted, all of which make worrying reading and show that the numbers highlighted by the Children’s Commissioner are not just statistics but represent real children being harmed by segregation, who will go on to commit crimes again in their local area.

The evidence included a 16-year-old white British boy who was placed in isolation, locked in his cell for 23 hours a day for days on end and allowed out only for 30 minutes of solitary exercise. A 16-year-old black British boy was placed in a segregation unit, locked in his cell all day for 37 days and allowed out only with three members of staff. A 15-year-old Asian boy with attention deficit hyperactivity disorder was segregated while his mental health deteriorated. A 17-year-old black British girl with a history of trauma was forced on to a behavioural management plan that was reportedly not compliant with the Secure Training Centre Rules 1998, and was threatened with segregation if she did not comply. The mother of a 17-year-old black British boy said he spent over a month in segregation, and reported significant mental confusion in her son afterwards. Just as worryingly, the Howard League has reported that young people who experience solitary confinement often have their access to legal advice and support denied or restricted. Will the Minister look into this issue urgently?

Some might say, “It may be slightly excessive, but these children committed crimes and deserve to be punished.” They may say, “If the prison needs to segregate them to keep order, it should be allowed to.” But we have to look back to our guiding principle of balancing punishment and rehabilitation. It is undoubtable from the evidence I mentioned that the balance is wrong; if we had struck the right balance, incidents of segregation would be going down, not up. It is vital that we design our system to address the underlying issues that led to the young person being sent to prison in the first place if we want to prevent future crime.

The biggest effect that segregation has on young people is on their mental health, contributing to what is already a severe and dangerous mental health epidemic right across our prison system. According to a survey by Her Majesty’s inspectorate of prisons, more than 30,000 people in the whole prison system are reported to have a mental health or wellbeing issue at any one time. That is around one in three of the average monthly prison population, which is a higher rate than in the general population, where one in four people are believed to have a mental health issue. However, given the poor screening and under-resourcing in relation to prisoner mental health, the widely held belief is that the rate is much higher.

The Howard League’s work on segregation—particularly its legal work to represent offenders who are subject to segregation—found that many prisoners who are removed from association are disturbed or damaged individuals who have behaved in a particular way as a result of their vulnerabilities, and who present no risk to security. Research published by the Prison Reform Trust into segregation units found that segregation was harmful to health and wellbeing, as over half of segregated prisoners said they had problems with three or more of the following: anger, anxiety, insomnia, depression, concentration and self-harm.

I keep making the same point: the problems will not go away by isolating children and young people—they will only get worse, which means these people will go out and reoffend. The Prison Reform Trust’s “Deep Custody” report found that more than two thirds of the 49 officers interviewed in segregation units said that most or the vast majority of segregated prisoners had mental health needs. Many offenders said they believed their mental health was a factor in the decision to segregate them.

Not only is the Ministry of Justice segregating people excessively, but it is doing it to those who are already dangerously at risk. The reason why that is so unhealthy and why we should be so appalled at the segregation of vulnerable young people is that a wealth of evidence shows that segregation has an adverse effect on anyone, let alone someone already with a mental health condition. The keys aspects of segregation noted by the Prison Reform Trust—social isolation, limited sensory stimulation, enforced idleness and increased, continuous control—are known factors in damaging an individual’s health and wellbeing.

[Victoria Prentis]

I do not know the answer to this question and I wonder if the hon. Lady does: is there a proven link between segregation and suicide risk?

[Emma Hardy]

I would not want to say so without having the facts in front of me, but that is an interesting question, and I hope the Minister will pick it up in his remarks. There is certainly a link through the effect on children’s mental health problems. We will have to see what the evidence says, but it would suggest there is a link.

Symptoms found in children who have been segregated include anxiety, depression, unprovoked anger, lack of impulse control, cognitive disturbances, hypersensitivity, paranoia and full-blown psychosis—to name just a handful. Those are not just minor issues. Indeed, the Prison Service’s own guidance on segregation shows that it recognises the potentially damaging effect of segregation on mental health and on those who may be at risk of suicide and self-harm. Prison Service Order 1700 states:

“research into the mental health of prisoners held in solitary confinement indicates that for most prisoners, there is a negative effect on their mental well-being and that in some cases the effect can be serious.”

Not only does solitary confinement have a detrimental impact on the mental health of the children, but it increases their chances of harm to themselves and others and makes them much more vulnerable to reoffending when they are released.

Those reports and findings relate to investigations and studies in the adult estate, but considering the widespread problems in the youth estate, it is more than reasonable to assume that the same issues are present in the youth estate too. It is certainly reasonable to accept that the proven negative impact on adults applies more so to children and young people, particularly when it is a widely accepted medical opinion that mental development, during which individuals are more susceptible to mental harm, does not cease until around the age of 25. Children who are more susceptible and more likely to be influenced are at risk of greatest harm.

The impact of segregation on children and young people goes beyond just the medical, because of its widespread use to restrict the ability of a child or young person to be part of purposeful activity in the institution holding them. That restricts their ability to take part in classes, studies, workshops or training that helps them increase their chances of not reoffending and of achieving a better life on the outside after their release, compared with when they went in. The Minister will know how desperately low literacy and numeracy levels are among children in prison, and how that limits their ability and chances when they are released. Surely, taking them away from study would have a further negative effect when they are released.

In theory, removal from free association, through segregation, should not prohibit access to education, but in many cases children are in their cells all day and allowed out for only 30 minutes. They do not always have access to education packs while in their cells. That has a negative mental impact. If they had something to do, and something to keep them occupied and busy in a constructive way, it would help to stave off the damaging effects of isolation on their mental health.

When the child comes out, they are further behind their peers, have even lower prospects and become vulnerable to reoffending. These children will not leave prison to go on to become productive members of society; they will leave and reoffend. That is failing children, it is failing victims of crime and it is failing society. The only thing that is changing is that young offenders are becoming adult offenders, so it is time for the Ministry of Justice to think again.

[Mr Philip Hollobone (in the Chair)]

The debate can last until 4 pm. We have time for Back-Bench speeches until 3.37 pm, when we will go on to the Front-Bench spokespeople. The guideline limits are 10 minutes for Her Majesty’s Opposition, 10 minutes for the Minister and the three minutes at the end for Emma Hardy to sum up the debate.

--- Later in debate ---

[Emma Hardy]

I thank the hon. Member for Henley (John Howell), the shadow Minister, my hon. Friend the Member for Bradford East (Imran Hussain), and the Minister for their contributions. I echo the point made by the hon. Member for Henley about the need to look at the risk assessments for isolation, ensure that they are routine and enforced, and to keep monitoring that closely.

I welcome many of the points that the Minister made, including his reluctance about the idea of having children in prison. He said it was a sign that society had failed. I totally accept his point about the concentrated cohort with extremely complex needs. I welcome his offer to talk to me on the education side and to look again at investing money further upstream, because the figures that the hon. Member for Henley highlighted relating to children with communication difficulties, children with ADHD and children who are autistic ending up in our prison service are shocking.

As my hon. Friend mentioned, we need to look at staff experience and staff ratios to see why so many more children are being isolated, because only so much can be explained by their having special needs and disabilities, or undiagnosed needs. Perhaps we need to look at having more staff trained in mental health in our youth service, or specialists who know how to address and work with these young people. We also need a more joined-up approach with education and social services to prevent children from ending up in prison.

I thank the hon. Member for Henley for contributing, as well as the shadow Minister and the Minister. I hope that we will continue to have this conversation as we do not give up on any child. I hope that they can eventually become productive members of society again.

Question put and agreed to.

Resolved,

That this House has considered youth inmates in solitary confinement.

[Mr Philip Hollobone (in the Chair)]

Order. The sitting will be suspended until 4 o’clock. If a Division is called during that time, we will meet back here as soon after the vote as the mover of the motion and the Minister can make it.

Oral Answers to Questions

Emma Hardy Excerpts

Tuesday 12th March 2019 Commons Chamber

[Lucy Frazer]

The hon. Gentleman makes an important point about the importance of all cases that come to court. Obviously, for those who have been the victim of horrific sexual crimes, including domestic violence, we are committed to ensuring that those crimes come to court and are dealt with swiftly. There are a number of ways to do that, including by using judicial resource. We recently saw a significant increase in the number of hours allocated to judicial sittings in the family court. Listing is a judicial matter, but in some courts those trials are fixed for particular days, whereas other cases float and and may come on that day or be adjourned to a later date.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

7. If he will make it his policy to pay the staff in his Department the living wage.

[Grahame Morris (Easington) (Lab)]

10. If he will make it his policy to pay the staff in his Department the living wage.

[The Minister of State, Ministry of Justice (Rory Stewart)]

We pay, both directly as the Ministry of Justice and indirectly through our suppliers, the national living wage in line with legislation.

[Emma Hardy]

I thank the Minister for his answer. I hope he is aware that I have previously raised in the House the problems relating to procurement and ensuring that every subcontractor adheres to the same rules as the people directly employed by the Department. Will the Minister ensure that subcontractors also pay all their staff the real living wage?

[Rory Stewart]

The point, which is an important one, is that we have to ensure that our subcontractors follow exactly the same rules as Ministry of Justice direct employees. We insist that the national living wage should be paid both to Ministry of Justice employees and to our subcontractors.

--- Later in debate ---

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

I pay tribute to Fern Champion, who has been incredibly courageous in speaking out recently about this hugely important issue. We provide funding for 89 rape support centres. From April, we will increase funding by 10% for them all, with a 30% increase in London, and move to a three-year funding settlement.[Official Report, 21 March 2019, Vol. 656, c. 12MC.]

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

T8. My constituent Phil suffered from addiction, became homeless and then became involved in criminal activity. Because he was given a suspended sentence, he was released from court with no money, no support and nowhere to live, and he spent the night on the streets. If he had been released from serving a sentence, there would have been support in place. Do the Government have a plan to address that disparity, to give people like Phil the best possible chance of rehabilitation?

[Rory Stewart]

It is absolutely true that we need to look not just at convicted prisoners but at people with suspended sentences. That is something we are looking at in reforming probation, and the pilots on homelessness will also seek to address it.

Upskirting

Emma Hardy Excerpts

Monday 18th June 2018 Commons Chamber

[Lucy Frazer]

There is already a panoply of offences on the statute book to protect children and women. The Bill will add to the portfolio available to the CPS to bring the most appropriate punishment for offenders. As I mentioned earlier, there is also the ability to put people on the sex offenders register when that is appropriate.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

One of my constituents, Leah, summed it up best when she said that this abhorrent act could happen to any woman, regardless of age, class, race or sexual orientation. Will the Minister please ensure that the new legislation on upskirting will grant anonymity in any criminal case to protect the women who suffer from this disgusting practice?

Victims of Crime: Rights

Emma Hardy Excerpts

Tuesday 13th March 2018 Westminster Hall

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I am sure all Members will recognise the feeling I am about to describe, although perhaps with a different landmark in mind: when I travel home after a long week here, I see the Humber bridge and know that that means home—I am nearly there; it is not far to go. Home should be the place where we feel the safest, where we feel secure, but sadly, for many of my constituents and many others around the country, crime and antisocial behaviour are hitting them right in the heart of their lives—in their home. I will use my speech today to raise my constituents’ concerns about antisocial behaviour. Sometimes it is dismissed as not really a big deal, but in reality it affects the lives of many people.

My constituency is a wonderful place to live and grow up in, but sadly many areas are now blighted by antisocial behaviour. In the Hessle part of the constituency, I hear many reports of children creating lots of difficulties—for example, running in front of buses and making them do emergency stops with the passengers still on them, upsetting people in the street, throwing dog dirt through pub doors, damaging car park fences, standing on signs, climbing on to walls and generally making people feel unsafe and unhappy in what is a wonderful community and place to live. An elderly lady told me that as she was walking down the street, groups of young people passing on their bikes shouted abuse at her; she is now worried about what might happen when she goes out to do her shopping.

Sadly, that is not the only area of my constituency where there are problems. I have been contacted by residents of the Great Thornton Street flats, an inner-city tower block, who are being subjected to hate crime. Some of them are having their scarves pulled off their heads. They are witnessing drug abuse and violence and even finding human faeces in the corners outside their homes. The situation is no better in Bean Street, where there is much public drug taking and antisocial behaviour. I have been told that on more than one occasion a nearby park has attracted drinkers and drug users shooting up in broad daylight.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

I apologise for not being here at the start of the debate, Mrs Main. My hon. Friend refers to hate crime and I wondered whether she was aware that some of us Muslim Members of Parliament have been victims of a hate crime on the parliamentary estate today and yesterday. I could not be here at 2.30 pm because I was dealing with the aftermath of a suspicious package intended for me, which was opened by one of my staff.

My hon. Friend talks about crime at home. Does she not agree that thousands of British people abroad who are victims of crime need a better support system? My constituent Susan Sutovic—

[Mrs Anne Main (in the Chair)]

Order. The hon. Lady was late. I have allowed the explanation but she is making an extremely long intervention. Perhaps the speaker will reply.

[Emma Hardy]

Yes, I would support that. I am so sorry to hear about the incident that my hon. Friend mentions and I sincerely hope that she and her staff are okay. It is sad to hear about the increasing amount of hate crime.

I am trying to arrange residents meetings with the police on the issues in Hessle, Bean Street and Great Thornton Street. Previously, we had success when there were problems with an awful lot of street drinkers in Spring Bank. We removed the bench where they were sitting and there have been 46 move-ons for people drinking when they should not be and creating antisocial behaviour problems. The police have been fantastic, but my fear is that all we are doing by going in with this intensive support from the police and the community is relocating the problem around the city. We never deal with the root cause of the problem or provide a long-term solution; we just move it to another place. Yes, the work on Spring Bank has been successful, but now we have a problem on Bean Street and Great Thornton Street.

Some people dismiss antisocial behaviour. While it may be a different category of crime from some of the others we are discussing, it has a massive effect on people’s lives. It is sad, because often those most in need of help are those least able to seek it. Crime and antisocial behaviour affect people of all incomes and backgrounds, but it seems that the poorest and most vulnerable are disproportionately affected. Sad to say, I do not see the situation changing; because of the cuts to the police service, dealing with the problem will only get much harder.

One of the easiest ways to help victims of crime is to stop crime and antisocial behaviour happening in the first place. A long-term solution needs investment in education, community support and youth provision. I was pleased to hear the hon. Member for Torbay (Kevin Foster) talk about the use of restorative justice. Instead of taking a one-size-fits-all approach, it looks at the individuals and the best method to stop them reoffending. More things like that should be happening, especially for younger people committing crimes. I hope that the whole House will therefore join me and my hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle) as we push to make youth provision statutory, which would force all councils to establish youth provision.

One parent of a child who has been involved in some of the antisocial behaviour contacted me, asking for my help. She said, “Where can my child go? What services are out there? What support can I have?” When family support services have been cut, when youth provision has been cut, and when those families are not getting the support they need when they need it, we cannot be surprised when we see an increase in antisocial behaviour. I am sorry to say that schools are facing the same cuts as well. Perhaps they cannot give as much support as they used to. From the inquiry we are doing in the Education Committee, the hon. Member for Telford (Lucy Allan) will know about the increased number of children going into alternative provision and being moved on. We need to look at the problem holistically.

Even with more action taken to prevent crime, we still need to protect and promote the rights of victims of crime and ensure that there are minimum standards a victim can expect once they report a crime or antisocial behaviour. Those standards should include a single point of contact and a single complaints system where someone can go if they want to make a complaint. One of my constituents’ main complaints is that they want the phone answered quickly when they ring 101. Too many people hang up because they are waiting 20 minutes to get through. They get so fed up that the crimes are never accurately recorded.

We need to ensure better communication with victims about the outcome of their cases. A lot of people say, “What happened? I reported this and nothing happened.” We look into it, and actually something did happen, but no one thought to tell the victims about it. We need a more powerful Victims’ Commissioner to ensure that victims can make their voices heard. For too long, victims of crime have been left without a voice. By listening to those proposals and acting proactively to prevent crime and promote victims’ rights, the Government have a chance to end the merry-go-round of constantly shifting crime hotspots.

[Mrs Anne Main (in the Chair)]

Before I call Bob Neill, I ask that Members are mindful that a lot of Members wish to speak in this debate.

Oral Answers to Questions

Emma Hardy Excerpts

Tuesday 5th December 2017 Commons Chamber

[Dominic Raab]

My hon. Friend makes a powerful point. We have a rather different legal system, through our common law, and we have variations across the UK, but I think that we should have the courage of our convictions and confidence in our democracy. When it comes to the judiciary, of course, we want the UK Supreme Court to have the last word on the laws of the land.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

2. What assessment his Department has made of the cost-effectiveness of legal aid for early legal help.

[The Minister of State, Ministry of Justice (Dominic Raab)]

The Government have published a post-legislative memorandum on the legal aid reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. We have launched a review of the operation of that Act, which will be thorough and will report by the summer recess.

[Emma Hardy]

I recently visited Hull chamber of commerce, where a solicitor explained to me that the cuts in legal aid are actually costing the courts so much more money, because so many people in Hull are trying to represent themselves, and the President of the Supreme Court has said that the legal aid reforms are actually a false economy. Does the Minister agree that restoring early legal advice would not only help solve some legal problems, but save taxpayers’ money?

[Dominic Raab]

I understand the point that the hon. Lady is trying to make, and she has done so in a constructive way, but I am not sure that the evidence is there to back up her assertion. We provide a wide range of legal help, for example in civil and family cases. Last year we spent £100 million on legal help, including practical support and telephone helplines that provided advice on 20,000 occasions last year. There are also online tools to make it clear to people when legal aid is available, but other sources of legal advice are also available.