(7 years, 3 months ago)
Commons ChamberIt is always the case that people will leave an organisation voluntarily or due to retirement or—[Interruption.] May I finish my point? In some cases, people may leave because they have not been too happy with what has been happening in our Prison Service. A retention plan is available, but the numbers that I gave earlier—868 net new prison officers so far this year—take account of people leaving the service, so we are actually up on last year’s figures.
Having recently met the governor of Styal prison in my constituency, I know that drones are an increasing problem in prisons, as is the illegal use of mobile phones. The two are linked because mobile phones allow for greater frequency and accuracy of drone activity. Does the Minister agree that the way to curb drone activity and stop illegal mobile phone use is to block phone signals in prison? Will he support my private Member’s Bill to do that? The Second Reading is on 1 December.
(11 years, 3 months ago)
Commons Chamber5. What recent progress she has made on promoting equality for disabled people.
Recent progress includes our cross-Government disability strategy, “Fulfilling Potential—Making it Happen”, which was published on 2 July, and the launch of our two-year Disability Confident campaign on 18 July, engaging employers and giving disabled people more opportunities in business. I am pleased to say that key measures and indicators show reduced inequalities and improvements in key outcomes.
In recent years, I have on three occasions stepped in when disabled people were on the receiving end of verbal abuse. Recent polling indicates that 17% of disabled people have had such an experience, and that 7% have been physically abused or attacked. What are the Government doing to tackle disability hate crime?
The hon. Gentleman is right to raise this important issue. The Government are doing a lot to enable people to understand what a disability hate crime is and to make it easier to report. We are doing a lot in this area.
In July, Ministers said that the London Paralympic games had improved attitudes to disabled people. However, a recent report from Scope says that their legacy hangs in the balance. Some 22% of disabled people say that public attitudes have got worse, and 17% say that they have experienced hostile behaviour, or even been attacked. That is not surprising when Ministers abuse statistics about disabled people and benefits. The Hardest Hit campaign shows that disabled people have been hit nine times as hard as non-disabled people by austerity cuts. Is it not time that the Minister got her Government colleagues into line? Disabled people are equal and valued participants in society. When will the Government start to deliver positive messages about the contribution they make and give them the support they need to participate in society?
What I would like to do is paint the correct picture, which the hon. Lady is not doing. I can give her either the latest international statistics, which show that out of 55 countries the UK is leading in all 23 indicators, or the latest national statistics, from 2 July, which show that the gap closed in nine out of 14 headline indicators. In 2005-06 and 2009-10, that was true of only seven categories. I can therefore tell the hon. Lady that, on the very latest statistics from 2 July this year, inequalities have reduced and equalities have increased in education, employment and social inclusion, and we also have lower rates of relative poverty. Please get the facts right.
6. What recent representations she has received from the women’s sector on tackling violence against women.
(11 years, 8 months ago)
Commons Chamber5. What assessment she has made of the cumulative effect of the Government’s policies on disabled people.
The Government provide equality analysis of policy changes routinely, as required by the Equality Act 2010. It is not possible to publish a robust cumulative impact assessment separately for disabled people because a number of overlapping reforms are continuing until 2017-18. The caseload is dynamic, and, as under the previous Government, the data are limited. The previous Government did not do it because they did not want to put out incorrect information, and neither do we.
Let me tell the Minister about a constituent of mine. He was assessed as fit for work after being disabled for 12 years as a result of a degenerative disease. While he appeals, he loses £25 a week in benefits. He has now lost a further £14.71 a week through the bedroom tax and £34 a month as a result of the council tax reduction scheme. That is over £200 a month in total. Like thousands of people with disabilities—
Does not my constituent’s example show that it is time the Government admitted they have got it wrong about the impact on disabled people?
I would like to refresh the hon. Gentleman’s memory about a couple of points. The work capability assessment was brought in under the previous Government, and we are trying to get it right. Equally, the cumulative impact on housing under the previous Government shows that 1.8 million people were left on waiting lists, a quarter of a million people were in overcrowded housing, and the housing bill doubled. The intention of our cumulative impact is to get it right.
Virtue is not found solely in the amount of money that is spent. Does the Minister agree that it is as important to enable disabled people to fulfil their aspirations and live fully in society as it is to focus on financial payments to a proportion of them?
I completely agree with my hon. Friend, who does so much in this area. This is about fulfilling potential, protecting the most vulnerable, and helping those who would like to get into work. The budget remains at £50 billion, which is a fifth higher than the average in Europe, over double that in America, and six times more than in Japan. We are world leaders and I am proud of our record.
The Minister’s answer to the question illustrates why we need a cumulative impact assessment. She said that it is a dynamic, changing situation. A huge amount of reform is coming in, and that is exactly why we must have a cumulative impact assessment.
I agree on certain points, but I want to ensure that correct and robust information is handed out and, for the reasons I have given, that is not possible. We do not want to trade in inaccurate information. Our intention is to ensure that we support the most vulnerable people, and that is exactly what we are doing.
Two thirds of families hit by the bedroom tax are disabled, according to the Minister’s own figures, and for many of them there is nowhere to move to. In Wakefield district, 5,600 households are being hit by the bedroom tax, there are fewer than 200 smaller homes available, and Wakefield and District Housing estimates that it will take seven years to re-house everyone. It is even more difficult for disabled families, because most of the homes do not have disabled access. The discretionary housing fund will not help all of those families. Why do not the Minister and all her colleagues stop hiding behind the nonsense in their briefing papers and go out and hear from the families who are being hit? They have nowhere to go and no way to pay. What does she tell them to do now?
I listened carefully to the right hon. Lady. The discretionary payments, which we have trebled, are going to the right people. We need to make sure that local authorities are very clear in what they do. We have also exempted pensioners, and if a disabled child cannot sleep in the same room as another child, that room will be exempted. Rather than making inaccurate comments and perpetuating myths, the right hon. Lady should get her facts right and get behind the reforms that we are making to replace the mess that she left behind.
(12 years, 9 months ago)
Commons Chamber4. What plans he has to promote work in prisons.
9. What plans he has to promote work in prisons.
One of the things about which we try to be scrupulous is ensuring that work in prisons does not undercut the work done by businesses employing honest employees outside. We would not be able to persuade organisations such as the CBI and our private sector partners to work with us if they thought that we were undercutting British competitors. We will not pay the minimum wage, because the taxpayer would find that he or she was footing the bill for it all. However, the costs of running a business in prison are considerable because of the security that is imposed. We intend to ensure, by means of a code of practice, that fair and proper competition is maintained and that we do not undercut ordinary honest businesses.
Given that, at present, 47% of offenders are receiving out-of-work benefits two years after their release from prison, I fully support what the Secretary of State is doing. What plans has he to ensure that there is a smooth transition from work preparation in prison to actual work outside prison?
Along with the Department for Work and Pensions, we have just embarked on a system whereby people who are released from prison go straight on to the Work programme. Their receipt of benefits is tied to a programme aimed at getting them back to work if that is at all possible, as it would be for anyone else. I entirely agree with my hon. Friend: all the evidence shows that having a job is one of the main factors that determine whether someone stops returning to crime, and it also stops the taxpayer having to pay benefits to such a high proportion of ex-prisoners.
(12 years, 10 months ago)
Commons ChamberIf my hon. Friend does not mind, I will make some progress, because many other Members wish to speak and I want to draw my remarks to a close.
My final point is on the automatic release of offenders halfway through their sentence, which is one of the shameful things the previous Government sneaked through in the last Parliament. Prisoners are now not just eligible for release halfway through their sentence; they are automatically released. I think that that is a terrible situation. When I visited Denmark, whose criminal justice system is always seen as very liberal, I found that they do not have that system. They have the system we used to have, whereby prisoners became eligible for release halfway through their sentence. In fact, 30% of their prisoners were refused parole altogether and served the full sentence handed down by the courts, and they think that that is one of the major reasons why they had such low reoffending rates. I urge the Secretary of State not to have a system where we automatically release prisoners willy-nilly halfway through their sentence and irrespective of their behaviour in prison or their risk of reoffending. We should make proper judgments about people’s fitness for release before we agree to release them. I think that we can learn from Denmark in that regard.
Having worked with and represented many victims of crime and their families, I know that what they find most upsetting and offensive is when a sentence that they feel is just or suitable for the perpetrator of a crime is halved, which they say is an extra insult. In the case of a family I represent, the halving of a sentence is a double blow on top of the murder of their child.
(13 years ago)
Commons ChamberI will make announcements on what we propose to do for the victims of terrorism when we produce our package on victim support generally. We will certainly produce a package, and we will respect the previous Government’s proposal of an interim award for those injured in incidents such as that in Mumbai.
Delays to cases caused by defendants not appearing in court can be very distressing for victims. What guidance is given to the court to continue with the trial in the absence of the defendant?
This is the second reference in questions to delays in court, which cause immense inconvenience and sometimes considerable distress to witnesses and others, as well as to the victims of crime. We are looking urgently at how to improve the efficiency of the system and how best to proceed if people fail to co-operate. It is always possible to proceed with a trial in the absence of the defendant, but only once the judge is satisfied that the interests of justice will not be prejudiced. There is no point in starting a trial only for it to have to be started a week or two later when it is challenged.
(13 years, 5 months ago)
Commons ChamberI can confirm that I have had discussions, correspondence and a meeting with the devolved Administration to discuss the implications for legal aid and to ensure that we are all moving in the same direction.
Following the Milly Dowler trial, does the Secretary of State agree that measures need to be taken to protect the families of the victims of crime from intensive questioning in court? If a footballer can be afforded privacy from the public arena, cannot the father of a murdered child?
It is obvious that members of the public generally were appalled by the experience through which that family were put as a result of that criminal trial going ahead and the nature of the defence. Such cases are exceedingly difficult, because any defendant has the right to put forward a defence, however distasteful or distressing that may be to the victims. That sometimes happens. The straightforward process of calling the victim a liar can be extremely offensive to someone who has suffered grievously at the hands of the accused.
The judge has a discretion to cut out all irrelevant and unnecessary lines of questioning. I have no reason to doubt that the judge considered his discretion in that case. The Crown Prosecution Service actually applied for an order to ban the reporting of the relevant pieces of the cross-examination. I respect the decision of the judge, who decided that the principle of open justice should prevail. It was therefore all reported. The newspapers made their own judgments on the extent to which they reported those incidents.
In that case, which was exceedingly distressing, there was never a question of an early guilty plea, but it is useful to remind ourselves of just what an ordeal it can be when victims and witnesses have to go to a court to face someone who is denying the crime.
(14 years, 2 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I start by welcoming everybody to what I hope will be a constructive and informative debate. As the title suggests, its main purpose is to discuss the rights of victims and their families in the judicial system. I want to look at that especially, although not exclusively, in the context of violent and serious crimes such as murder and manslaughter.
Let me begin by familiarising everyone with the current support for victims, before presenting some facts and case studies to highlight the problems in the judicial system. In a written answer, the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly), explained that, under the current system,
“The Government ensure practical and emotional support to victims through Victim Support and other voluntary sector providers. Through the Criminal Injuries Compensation Scheme, it also provides financial compensation to blameless victims of violent and sexual crime. Bereaved relatives of homicide victims are also able to access free legal advice using a specialised helpline established in 2009. Any victim or witness can access free legal advice through the Legal Services Commission's Community Legal Advice website and helpline.”
He continued, noting that the Ministry of Justice
“currently funds Victim Support on an annual basis and they received £38.2 million in the last financial year…This year Victim Support are testing a model of working that has seen the development of enhanced support services for the most vulnerable victims of crime and in particular families bereaved by homicide. Other specialist providers of services to victims are funded by the victims’ fund, comprised of money collected through the Victims’ Surcharge which is levied on all fines and ring-fenced for spending on services to victims. In 2010-11 £2.25 million has been made available to fund third-sector services for victims of sexual violence, £270,000 to fund third-sector services for families bereaved through homicide and £250,000 has been made available to third-sector services for hate crime.”—[Official Report, 21 July 2010; Vol. 514, c. 323W.]
The National Victims Service would support the details that I have just read out. It highlights the fact that support for victims has dramatically improved in recent years and that crime levels are at their lowest since the war. The British crime survey has reported that all crime rates are falling and have been in steady decline since 2002. It also tells us that there has been an overall reduction in violent crime, and the number of violent incidents has fallen by half since 1995. Those statistics are certainly encouraging, and I welcome the recent announcement by the Ministry of Justice that it intends to get prisoners to work, with some of their earnings being set aside for victims of crime.
There are, however, two sides to every story. Jean Taylor, whose name I have mentioned before in the House of Commons in reference to victims of crime, is a courageous lady. She established the Merseyside charity Families Fighting For Justice, which is now spreading across the country at a rapid pace and becoming a national charity because her words ring true and resonate with people countrywide. This is what she has said:
“What I learnt after the murders of my sister and my son and daughter was there is nothing out there for us victims and their families. But there is plenty out there regarding support and funding for the murderers and their families, while we are left in the dark to cope with the loss of our loved ones.”
Unfortunately, those feelings are echoed elsewhere. Discussing its 2009 report “Order in the Courts: Restoring trust through local justice”, the Centre for Social Justice states:
“The courts are supposed to pursue justice, and discipline and rehabilitate law-breakers. But there is a widespread loss of faith in the sentencing process. Citizens do not believe that the courts punish appropriately. Sentences often fail to reflect the crime and appear opaque…Criminal activity and punishment are too distantly linked in the minds of many criminals because of a cumbersome and bureaucratic trials and sentencing process.”
What the facts do not illustrate are the failings of the current judicial system. The criminal justice system needs better to take into account some of the impacts that current procedures have on victims and their families. Such procedures include lenient sentencing for a guilty plea, lesser sentences for manslaughter, life not meaning life and the right to appeal, when some appeals are malicious. We should also consider some of the very real situations that I am about to explain, which demonstrate why victims’ families find themselves in a lesser position than perpetrators.
Perhaps hon. Members can imagine for a moment being a member of a victim’s family. There is a knock on the door, usually in the middle to the night, to say that their child has been murdered. The family are left dealing with the shock and grieving the sudden and tragic death of a loved one. They then have to arrange the burial while attending court.
There are stark differences between the treatment of the perpetrators and the victims and their families. The victims I have met, and who I know all too well, have to travel to court by bus, whereas the murderers are driven to and from court and are protected. Once in court, the perpetrator’s family is given a room in the court away from the media and the victim’s family. However, the victim’s family is frequently left to sit in corridors.
I congratulate my hon. Friend on securing the debate. I know that she feels particularly strongly about this issue, and she has raised some important issues. Far too often, particularly in youth courts, which are closed courts, victims and their families are wrongly excluded from attending the public gallery to watch the proceedings. There are also issues about access to the new virtual courts. I hope that we can ensure that access to courts is improved for those victims and families who wish to watch the proceedings, as in the cases that my hon. Friend outlined.
My hon. Friend raises some pertinent points, and he is very experienced in this area, having spent 20 years working in the justice system.
To continue the list of differences, the perpetrator is provided with medical and professional psychiatric help, whereas victims and their families must go on a lengthy national health service waiting list just to see a counsellor. If a murderer dies in prison, his family will get up to £3,000 to bury the body, while victims get a tiny percentage of that and have to wait many months to be paid.
I congratulate my hon. Friend on securing a debate on such an important and emotive topic. Judges currently have access to victim impact statements before passing sentences. Does that adequately reflect the impact on victims and their families in the judicial system?
It goes some way, but many of the thousands of victims who have linked up across the country tell me that it does not go all the way. Again, more needs to be done.
All the differences that I have outlined are plain wrong. The inequality in the system is wrong and so, too, is the message that it sends to society and the local community where many of the victims and perpetrators live side by side in adjacent streets.
May I add to that on behalf of a constituent whose daughter was murdered? The family were forced to wait to bury their daughter while the defence team went through two post mortems over a very long period, with all the delays involved in finding legal aid. Surely it would be better in the case of murder to have two post mortems in the first place so that there could be no doubt about the cause of death.
My hon. Friend raises a point that is made time and again: the pain and suffering caused to people when there must be a further autopsy on a body—once, twice or three times. In those instances it is felt that the perpetrators of the crime get a better deal, and the victims’ families are often left without adequate help and support. Such help and support are vital to enable them to come to terms with the horrific crimes, the loss of loved ones and the complicated, drawn-out and distressing process that follows.
The impact can be felt in many areas. It can be financial, as family members may need breaks from employment so that they can recover. Some need extensive medical treatment, and some have to repair damage to homes and property as well. For others the cost is emotional. Many victims suffer from anxiety, the threat of victimisation, and deteriorating mental health. For some the cost is physical. Many people in society, including me, question the leniency shown towards the perpetrators of crime, which is juxtaposed to the psychological and financial cost that the victims and families must deal with. Jean Taylor will tell you that Governments have failed to do their job of supporting victims of crime and their families.
Order. May I gently remind the hon. Lady that when she says “you” she is referring to the occupant of the Chair.
I apologise, Mrs Main.
It is often charities and voluntary organisations that provide help and support to victims—often with no funding.
So far I have discussed procedural inequalities that need to be addressed, but I want to move now to consider policy areas. As times change, so must laws, to reflect the society and times we live in. I fully appreciate the delicate balance of laws, and the process of cause and effect involved in every situation when changes are made to them, but I do not believe that fear of upsetting the balance is reason not to change them. To the contrary, I believe that our society, with the increase in gang culture and antisocial behaviour, needs law that reflects our times and the changes that have come about. I have three examples.
First, when the body of a murder victim is not discovered, despite a guilty plea, and the perpetrator never reveals its location, the family are deprived of a proper funeral, which leaves them unable to grieve properly; or they are left with the prospect of being confronted with the finding of the body in the future. I know that very few suspects have been convicted of murder in the absence of a body, but some have, and have never revealed where the body is. Would it be possible to charge someone with an extra offence of non-disclosure of the whereabouts of the body? Otherwise the coroner is deprived of the opportunity to do his job properly, and the family are deprived of the opportunity to mourn the loss of a loved one.
Secondly, a person who has been found guilty of a crime can be given the option to appeal against conviction or against the length of sentence, although the grounds for appeal may be arguable. I recognise that the appeal process is an important part of the judicial system, but I do not believe that victims’ rights in that situation are given enough consideration. Not only do they go through a distressing, lengthy process; they may go through a second. I wonder whether we could have a law of malicious appeal, to extend the sentence for people who have been found undeniably guilty and who raise an appeal that will fail, to focus the mind of anyone who brings such an appeal. Thus real appeals would go forward, but appeals that would not be deemed so would not.
Thirdly, there are cases when a gang has killed a person—and I want to refer to Andrew Jones, the young boy murdered by a group of teenagers, none of whom has ever been sentenced. I want law makers to think seriously about increasing the use of joint enterprise sentences, by which a group could be sentenced, rather than all walking free. The law exists, and could be extended. At the same time, there is a need for education in schools on joint enterprise, and a clear understanding that, should anyone participate in crime in a gang, with the intention to act as a gang, those involved would be sentenced as a gang and held responsible for their joint actions. I appreciate that we do not want miscarriages of justice, but the law needs to be modernised to accommodate the culture and climate in which we live.
I congratulate my hon. Friend on securing the debate. She talked briefly about the role of education. Does she agree that there is a broader issue about how young people interact with the criminal justice system? In my previous profession I saw many young people come into contact with the system at a young age, but they ended up on a kind of rollercoaster or in a revolving door, as nothing was ever done, so their behaviour got progressively worse.
I thank my hon. Friend and entirely believe that that is the case. There is a need for education about responsibilities and the consequences of actions. Something that is frequently highlighted is the fact that the kids of the street know their rights but do not take care of their responsibilities to themselves or their community. We need to tell them that brutal, marauding gangs will not go unpunished. A clear message needs to go out that silence and non-co-operation, so that an ultimate perpetrator cannot be found, will not preclude a conviction.
So why are we here today? I acknowledge the current support systems, but the Government can and should do more to help the victims of crime, and their families. The effect of a loved one dying can be devastating for a family. It can be worse if the person’s life is taken suddenly, by a member of the public, who might be known to the family and live close by. It can be made much worse when the convicted prisoner is released from prison early, or when they can appeal against the court’s decision, or plead guilty for a lenient sentence. Not only do victims’ families go through an ordeal in coming to terms with their bereavement; they are often let down by the judicial system, which adds further to their pain and suffering. A life has still been taken, and a sentence should reflect that, guilty plea or no guilty plea.
The British crime survey reports that provisional data show that police recorded 615 incidents of homicide in 2009-10, and 588 attempted murders, which is a 2% increase on the previous year’s figures. According to the figures I read out earlier, provided by the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon, the amount allocated to fund third sector services for families bereaved by homicide is £270,000. If that sum is divided by the number of homicides for 2009-10 it gives £439.02 for each family. If that is divided between an average family of four, it means each member would get just £109 for the loss of a loved one. That is without the extended family. That seems a very small sum of money, especially as many family members need time to come to terms with the loss. It is no wonder that the British crime survey found that only 59.4% of people thought that the criminal justice system was, as a whole, fair. Even more worrying is the fact that only 40.7% believed that the criminal justice system as a whole was effective.
The perpetrators of crime should not be allowed to get away with those procedural differences and to capitalise on policy differences. We need a law that reflects the society we live in today.
I know that we are in the closing minutes of this debate, but may I ask that the procedural and policy changes mentioned today are considered in your review of the justice system?
Order. I remind the hon. Lady that it is not my review of the criminal justice system but the Minister’s.
(14 years, 6 months ago)
Commons ChamberYes, but I do not entirely recognise the hon. Gentleman’s presentation of my right hon. and learned Friend the Justice Secretary’s comments over the weekend. The hon. Gentleman is right to say that the first objective is public protection, and if we are to protect the public of tomorrow, so that there are fewer victims, we have to ensure that we have a justice service that will deliver a reduction in reoffending rates and can divert people from offending in the first place.
19. What steps he is taking to ensure that the interests of victims of crime are effectively represented in the criminal justice system; and if he will make a statement.
The coalition Government’s aim is to establish a criminal justice system that rebuilds public confidence in the system and ensures that our streets are safe. The rights and welfare of the victim are vital to this. The Government are dedicated to ensuring support for victims and witnesses. We want to involve voluntary sector victims groups more and harness their ideas and innovation to help us to improve support.
A constituent of mine, Jean Taylor, set up the charity, Families Fighting for Justice, after the murder of her son and daughter. Can the Minister assure her, and many others in similar situations, that these charities, which are filling the gaps in the justice system to provide support for victims of crime, will have sufficient transparency and lines of communication open to his Department in order to carry out their work?
I am happy to assure my hon. Friend of that. Charities and voluntary groups set up to promote the interests of victims are immensely important, and I would be delighted to meet the group concerned. Consistent with the proposals for a big society that we have been setting out for some time, we want to find ways to ensure that such groups have a voice, and give victims a voice, in the criminal justice system.