Civil Procedure (Amendment No. 4) Rules 2023

Gerald Jones Excerpts

Monday 29th January 2024 General Committees

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

It is a pleasure to serve under your chairmanship this evening, Mrs Cummins—I do not believe it will be necessary to detain you for long. Apologies that my hon. Friend the Member for Stockton North could not be here.

I am grateful to the Minister for outlining the purpose of the SI. As he said, it amends the Civil Procedures Rules 1998 and includes provision for a closed material procedure for core proceedings relating to STPIMs, which were established under the National Security Act 2023. Our first duty in this place is to ensure that we keep our people across the country safe. The measures proposed today assist with that by ensuring that the law is amended appropriately to facilitate proceedings undertaken in relation to the 2023 measures relating to states as well as individuals.

The National Security Act provides a major update in legislation to counter state threats. Before it was passed, there was no available measure tailored to the specific terrorist threats posed by foreign state activity, and TPIMs were available only in relation to individuals. It is therefore clear that, without the measures in this SI, the purpose of the changes to the National Security Act would not be achieved.

The instrument also relates to High Court STPIM procedures and the use of closed material—material the disclosure of which it is believed would be contrary to the national interest. Just as there has to be caution in the use of the power relating to both TPIMs and STPIMs, there must be caution around withholding information that may be in the public interest. I note that the Secretary of State is required to disclose all the material that is relevant to proceedings but, with the permission of the court, may withhold closed material from the individual, although such material must be disclosed to the court and the special advocate.

We must be nervous about any action in this area that could prejudice a fair trial, which the Minister touched on. How will the Government ensure that we do not get into that situation, and is there any provision to avoid that? The explanatory memorandum outlines the procedure for the imposition of an STPIM notice, the need for a directions hearing and for a substantive review, and appeal arrangements. Is the Minister content that the courts have the necessary powers to ensure that the Secretary of State deals with these notices in the most appropriate and transparent way possible, given the likely need for some information to be withheld?

Overall, we are content that the measures before us are necessary in the national interest. For that reason, we will not oppose them.

Violence Reduction, Policing and Criminal Justice

Gerald Jones Excerpts

Wednesday 15th November 2023 Commons Chamber

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

I will focus on a few key issues as we debate the first Gracious Speech of His Majesty’s reign. First, I agree wholeheartedly with the Government on one issue: the country needs change. However, I disagree that the solution is a fifth Tory term. My constituents in Merthyr Tydfil and Rhymney have been hit hard by the Tory failures of the past 13 years, and they want and need the change that only a Labour Government can bring.

In the past two years, British households were the worst hit in western Europe by the energy crisis, due to our high dependency on gas. It is shocking to note that during the worst energy bills crisis in generations, we have an energy policy in the King’s Speech that will not even take a penny off energy bills. It begs the question: have the Conservatives given up on bringing down energy bills for British families? The King’s Speech is more notable, unfortunately, for what is not included than what is.

Focusing on today’s theme, Labour will rebuild public confidence in policing and the criminal justice system, and restore the rule of law on Britain’s streets. Thirteen years of Tory Government have seen over 90% of crimes going unsolved, meaning that criminals are less than half as likely to be caught now compared with under the last Labour Government. In our town centres, police patrols have been reduced, and there are still 10,000 fewer neighbourhood police than in 2015. There was nothing in the King’s Speech to turn that around.

Near-record numbers of victims are dropping out of criminal proceedings—1.6 million last year alone. Record numbers of crimes have been dropped—2.3 million last year—due to no suspect having been identified. The proportion of crimes charged has dropped by 60% since 2015, and the average time it takes for a crime to be charged has trebled since 2016 from 14 days to 42. Many of us receive feedback from our constituents that they never see a bobby on the beat. Labour will restore neighbourhood policing, putting 13,000 more officers and police community support officers on our streets, and introducing a new community policing guarantee to make Britain’s streets safer.

Labour is already leading the way in Wales. Despite not having responsibility for policing, the Welsh Labour Government have provided funding for more than 500 PCSOs across Wales. Labour’s plan will bring back proper neighbourhood policing by ensuring that every part of the country has more local officers and PCSOs, with guaranteed town centre patrols giving every community a named officer they can get in touch with, so that policing gets back to doing what it is supposed to do. I know that many in my constituency and across the country will welcome that. There will also be a dedicated lead focus specifically on tackling antisocial behaviour in local areas. In south Wales, under the leadership of our police and crime commissioner Alun Michael, we are already seeing a greater focus on tackling antisocial behaviour, despite strained resources. It is important that that focus provides an opportunity to work alongside partners in local authorities, the voluntary sector and elsewhere. That work is all the more important against a backdrop of significant financial pressures.

Another issue I want to focus on is the huge variance in fuel costs. Despite words from Ministers, motorists in Merthyr Tydfil and Rhymney continue to be ripped off at the petrol pumps. Just on Monday this week, petrol was 10p per litre more expensive in Merthyr Tydfil than in neighbouring areas. In Merthyr Tydfil drivers paid 155.9p per litre, while motorists filling up in neighbouring towns paid just 145.7p. National retailer Asda charged drivers at their Merthyr Tydfil store 8p per litre more than in the neighbouring Aberdare store. The Government should be looking at regulation to ensure that drivers right across the country get a better deal when filling up.

It is hard to understand why, after countless promises, there is no legislation to ban conversion therapy in this Parliament. That is an absolute betrayal of the LGBT+ community and people at risk of such abhorrent treatment. We know that conversion practices are abuse and should be outlawed, but the Conservatives have failed on that, as they have on so many other issues. Countless Conservative MPs and Ministers have promised to bring in a ban, and they should apologise for yet another failure. To be clear, Labour would bring in a full, no-loopholes ban on such practices.

No one could fail to be moved by the harrowing scenes on our TV screens coming from the middle east, and I am sure that everyone wants this horror to end. I am supporting the amendment from my right hon. and learned Friend the Leader of the Opposition and will be voting for it later this evening.

Finally, despite all the Government’s talk on creating good secure jobs, it is very disappointing yet again this year not to hear any measures to outlaw “fire and rehire” practices in the Gracious Speech, especially since those tactics were used by companies throughout the covid pandemic and the Prime Minister himself said that they were unacceptable. On that issue, as on so many others, we hear rhetoric where we need action—not just weak words from a Government on their last legs.

Police Grant Report

Gerald Jones Excerpts

Wednesday 9th February 2022 Commons Chamber

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

I want to start by paying tribute to the officers and civilian staff in both police forces that cover my constituency: South Wales police and Gwent police. I also pay tribute to the wider police family. I was fortunate enough a few years ago to take part in the police parliamentary scheme, and I did some shifts with the Met here in London. I know that we are all grateful for the dedication and professionalism of all our police officers right across the country.

I obviously welcome any new officers, but it is important to remember that the increase in the number of officers is merely replacing the 20,000 police officers that have been cut since 2010. It is also important to remember, as my right hon. Friend the Member for North Durham (Mr Jones) has highlighted, that the significant resource is now being put on the council tax payer and that in areas such as his and mine that will have a detrimental impact on council tax payers.

[Mr Kevan Jones]

I know that my hon. Friend’s area is similar to mine, in that it has a low council tax base. This is also unequal because, as council tax is a regressive tax, we are asking the poorest people to pay the most.

[Gerald Jones]

I absolutely agree. I do not have the exact figures, but the number of properties in band A in my constituency, and in his, is significant compared with other parts of the country.

I want to talk about neighbourhood policing, because its decimation has been felt acutely across the country. Neighbourhood policing is a key foundation of policing, and it has two major benefits: providing reassurance and building a rapport across communities; and providing a deterrent against what is often low-level disorder before it becomes a bigger issue. As the shadow Policing Minister, my hon. Friend the Member for Croydon Central (Sarah Jones), has highlighted, it seems that only 400 of the first 6,000 officers were deployed to neighbourhood roles. I am pleased that in Wales, thanks to the Welsh Labour Government, we have had significant financial support to employ 500 additional police community support officers, with an additional 100 being added during this current term of the Senedd. These officers support the police and the local authority community safety officers in helping to provide reassurance to residents and to act as a deterrent. Labour’s plan for the new community safety hubs will be a huge step forward.

This takes me back to the early 2000s, when I was a county councillor under the last Labour Government. In my ward we had a policing team of four officers—two constables and two PCSOs—who worked closely with the council community safety wardens, youth workers and local councillors. In fact, we carried out monthly door-to-door community safety surgeries with police officers, so that local authority issues and policing issues could be tackled jointly. That certainly had the impact of driving down antisocial behaviour. Sadly, that style of policing has been decimated across the country. We know that total crime is up 14%, not down, as the Prime Minister wrongly claimed. Over the past two years, the reduction in the number of officers has clearly had an effect on that increase in crime, and it is still having an impact now.

Finally, will the Minister consider the unfair position of Welsh police forces in respect of the apprenticeship levy? I understand that Welsh forces are around £6 million worse off compared with English forces due to the Home Office’s funding formula. Despite ongoing discussions between the four police forces, the Home Office and the Welsh Government, the matter remains unresolved, so I ask the Minister to examine that issue again because the situation is unacceptable and unsustainable.

Domestic Abuse Bill

Gerald Jones Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

I thank my hon. Friend for the passionate case that she is outlining. One of my local forces, Gwent police, have played a considerable role in pioneering Operation Encompass. Will she join me in congratulating and thanking not only Gwent police but forces across the country for the important work that they have done in rolling out that initiative?

[Carolyn Harris]

I am delighted to congratulate Gwent police. On Monday, my hon. Friend the Member for Gower (Tonia Antoniazzi) and I visited the Liberty stadium in my constituency, where South Wales police launched their Operation Encompass. I pay particular tribute to Russell Dwyer, the head of St Thomas Primary School, who was a pioneer in ensuring that it came to Swansea.

Recall of Women to Prisons

Gerald Jones Excerpts

Wednesday 20th February 2019 Westminster Hall

[Carolyn Harris (Swansea East) (Lab)]

I beg to move,

That this House has considered the recall of women to prisons.

It is a pleasure to serve under your chairmanship, Mr Hollobone. During my time as MP for Swansea East, I have engaged with many women in the criminal justice system by visiting prisons up and down the country and mother-and-baby units in them, and it has always been made clear to me that the reasons why women are in the criminal justice system are multifaceted and complex.

The Prison Reform Trust’s report “Broken Trust: The rising numbers of women recalled to prison” illustrates the fact that the reasons for that are also multifaceted and complex, and the number of women being recalled is rising quickly. Of course, it is right that women are recalled to prison in some instances—if they are at imminent risk of causing harm to the public or of reoffending, for example—but this debate is not about that; it is about the huge increase in the number of women being recalled to prison and whether that increase is helping women to break their cycle of criminality and creating safer communities and opportunities for the women themselves.

The “Broken Trust” report points to a number of reasons for the steep rise in the number of women being recalled. I will cover those in more detail later. I think that it will be useful now to make clear the current situation regarding the recall of women to prison. An individual can be recalled to prison if they have served a sentence of more than a day. A probation officer will normally initiate the recall. About 3,800 women are currently in prison in the UK—we have one of the highest female imprisonment rates in western Europe. The female offender strategy states that about nine in 10 women in prison on remand or serving 12 months or less pose a low or medium risk of serious harm to the public. In the year ending September 2018, there were 1,846 recalls of women to custody while on licence.

One significant contributory factor in the steep rise in the number of such recalls is the Offender Rehabilitation Act 2014—affectionately known as the ORA. It introduced a provision whereby everyone sentenced to a day or more in prison would be supervised by probation services on their release. Before the ORA, those sentenced to a term of imprisonment of less than 12 months were not supervised on release. In 2017, 72% of women sentenced to custody were sentenced to six months or less, compared with 56% of men. That demonstrates how the change brought in under the ORA disproportionately affects women. As the “Broken Trust” report states, on page 3:

“From the moment it was announced that post-custody supervision would be extended to people sentenced to less than 12 months, two things were obvious: this would result in the imprisonment of large numbers of people; and the impact would fall disproportionately upon women.”

Reforms that are meant to be supporting individuals are having the opposite effect and keeping them trapped in cycles of the criminal justice system, rather than allowing them to take positive steps in their lives. That is a direct result of the changes brought about under a previous Secretary of State for Justice. Previously, anyone sentenced to a short period in prison served their term and on release that was it. Putting in place a year of additional supervision—in addition to the prison term—with recalls if people fail to comply, is largely responsible for the huge increase in recalls.

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

I congratulate my hon. Friend on securing the debate and on the powerful case she is making. Does she agree that the lack of housing available to women after leaving prison contributes to their vulnerability?

[Carolyn Harris]

I most certainly do, and I am just coming on to housing, so I thank my hon. Friend for his astute intervention.

The report from the Prison Reform Trust makes it clear that there is a lack of services available to women on leaving prison, which contributes to their being recalled. A lack of secure housing for women when they leave prison is a significant factor leading to the recall of female offenders. Of the 24 women interviewed for the report, 22 said that they required help with housing on leaving prison.

If women leave prison and do not successfully secure somewhere to live, they are more likely to be recalled to prison. The female offender strategy highlights that from April to December 2017, 39% of women allocated to community rehabilitation companies and the national probation service were released into unsettled accommodation, with 18% released into homelessness. That not only puts women in a dangerous and vulnerable situation, but directly leads to them being recalled to prison. “Broken Trust” cites the example of a female offender released from prison without secure accommodation to go to, only to be recalled for breach of an antisocial behaviour order because she slept in a park. She was then released homeless for a second time.

How do we expect women to take positive steps to rebuild their lives after leaving prison if they are not given adequate support services such as secure housing? The relentless cuts made to local authorities by the Tory Government have resulted in a dangerous lack of housing for such women. Furthermore, without a secure home, women will find it more difficult to engage successfully with employment opportunities or maintain a healthy lifestyle. With 60% of female prisoners not having a home to go to on release, we know that is a real issue when they leave prison.

Data secured under a freedom of information request made by The Guardian demonstrates that between October 2016 and June 2018 there was a 25-fold increase in rough sleeping in England and Wales among those who have served sentences of less than six months. It is an absolute scandal that women are released home- less anyway, but even if a woman is found secure accommodation, it must be suitable and provide a safe environment in order to help her rebuild her life. Otherwise, female prisoners are likely to return to the potentially toxic settings that led to their arrest in the first place, such as environments with negative influences, including being surrounded by drugs and alcohol, which often leads them to a breach of their licence conditions and recall to prison. Using drugs is one of the six categories that the National Probation Service data present for recall of an individual to prison. In the “Broken Trust” report, an interviewee shared her experience of becoming homeless once she was released from prison:

“By the third night of my release, I was street homeless. My using got worse, I fell off my script even quicker this time. My life was just chaotic. I was doing whatever I could to survive.”

Earlier this week, the Secretary of State for Justice said in a speech that, as part of the Government’s rough sleeping agenda, they will invest £6.4 million in a pilot scheme to help individuals released from three prisons—Bristol, Leeds and Pentonville—into settled accommodation. However, I want to know what the Government will invest specifically in accommodation suitable for female offenders and their complex needs. If support services in the community to help such women find secure housing continue to be inadequate, women will be less likely to be able to break the cycle of criminality.

Another contributing factor to the high recall rate among female offenders is the high rate of complex needs and problems. Women under community supervision and in custody with an assessment are twice as likely as the men to have a mental health need, and 60% of women in the criminal justice system have experienced domestic violence. “Broken Trust” found that a third of those interviewed needed help with mental health, drug misuse and domestic violence. The report also showed that the relevant probation officers were unable to support them adequately, given their complex needs. Female offenders are much more likely to be vulnerable, so we need to ensure that there are services to assist them in rebuilding their lives, not only to help them but to make the community they live in safer.

Another issue that distinctly affects women recalled to prison is that female offenders are more likely than male offenders to be carers for children or other family relatives, and their recall therefore affects not only them, but their dependants. The length of time for which a woman can be recalled to prison can be just a number of days, but it will cause huge disruption to her and her family. Therefore, what provision is being made to ensure that the lives of those family members and dependants are not thrown into chaos?

The female offender strategy is clear that short custodial sentences are less effective in reducing offending than community orders, and that early intervention is key to reducing the number of women entering the criminal justice system.

Oral Answers to Questions

Gerald Jones Excerpts

Tuesday 18th December 2018 Commons Chamber

The Secretary of State was asked—

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

1. What steps the Government are taking to ensure that workers can access legal advice on workplace injuries.

[Jo Stevens (Cardiff Central) (Lab)]

4. What steps the Government are taking to ensure that workers can access legal advice on workplace injuries. [R]

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

I believe that the hon. Gentleman is referring to our proposal to raise the small claims limit for employees’ personal injury claims to £2,000. That change is not only in line with inflation, but will give those affected the opportunity to be heard in an uncomplicated, accessible court, without the need for a lawyer if they so choose.

[Gerald Jones]

I thank the Minister for that answer. Could she inform the House why the Government are avoiding full parliamentary scrutiny by putting the most damaging part of the Civil Liability Bill, which raises the small claims limit, in a statutory instrument, rather than on the face of the Bill, where it could be properly scrutinised by the House?

[Lucy Frazer]

The Ministry of Justice always ensures that it brings measures to the House in a way that is appropriate for them. Of course this measure will have scrutiny; statutory instrument procedure involves the scrutiny of the House. This measure will ensure that people can access the courts in an accessible way, without the need to spend excessive amounts of money.

--- Later in debate ---

[Rory Stewart]

I could not agree more. One of the best ways to prevent reoffending and therefore protect the public is to help people into employment. Ex-prisoners can be some of the most loyal and hard-working employees one can find. We encourage all employers to take a realistic, pragmatic approach. Many convictions are absolutely irrelevant to the work that the person is doing or to public protection. The best way to protect the public is to provide a job.

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

T6. My constituents Gemma and Paul Black were devastated last year when their 22-month-old daughter, Pearl Melody Black, was killed by a runaway car. I understand that the police and Crown Prosecution Service have been unable to bring charges because of a loophole in the law. Will the Secretary of State or a Minister meet me, possibly with Department for Transport colleagues, to discuss how we can avoid having other parents facing this suffering?

[Rory Stewart]

First, let me share our very sincere condolences. It is the most horrifying thing to lose a 22-month-old in that way. Secondly, we are currently consulting on changing the law to have a life sentence for causing death by dangerous driving or by careless driving under the influence. We can do an enormous amount more, both legally and in terms of road safety and driving tests. We must bring down the number of people who are killed. The hon. Gentleman raises a particularly tragic incident, and I would be delighted to meet him to discuss it.

Oral Answers to Questions

Gerald Jones Excerpts

Tuesday 10th July 2018 Commons Chamber

[Mr Gauke]

My hon. Friend is absolutely right to highlight this point. Indeed, many parts of the public sector are stepping up and doing that—the Prison Service itself takes people on. We have a pilot programme in north-west England that is focused on this. My hon. Friend is tireless in campaigning for employers to take on ex-offenders, and I commend him on his activity.

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

T8. Family drug and alcohol courts have widespread support among lawyers, judges and policy makers, and they deliver far better outcomes for children and families than other options do. Despite that, the service faces closure because of funding cuts. Can the Secretary of State guarantee funding today to safeguard this vital service?

[Lucy Frazer]

The hon. Gentleman is absolutely right that the family drug and alcohol courts do great work. The fact that the Tavistock and Portman Trust is not going forward with the programme will not affect any of the existing courts. It is disappointing that the trust has chosen not to continue with the programme, and we will continue to look at the provision of this important service.

Assaults on Emergency Workers (Offences) Bill

Gerald Jones Excerpts

2nd reading: House of Commons
Friday 20th October 2017 Commons Chamber

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

My contribution to this important debate will be brief.

I congratulate my hon. Friend the Member for Rhondda (Chris Bryant), as others have, on introducing this Bill and on his work to raise awareness of it. I also congratulate my hon. Friend the Member for Halifax (Holly Lynch) on her work in last year’s ten-minute rule Bill and her wider “Protect the Protectors” campaign.

We all know that our emergency service workers put themselves in harm's way every single day. They have no idea what they will face when they turn up for work. They take whatever comes, and they deal with it professionally in the true sense of public service. Our emergency service workers work hard to keep our communities safe and to look after people when they are ill or in danger. Those hugely important tasks are the bedrock of any society, and they do it on our behalf. They therefore deserve our full support and whatever protection we can provide.

Last year I took part in the police service parliamentary scheme, which gave me a small glimpse of the commitment and dedication of police officers, and of the pressure and difficult circumstances they have to deal with on a daily basis. On the scheme I spent some time with special constables. My dad was a special constable with South Wales police when I was young. He was seriously attacked in that role, and it is important that we remember the role of special constables and remember that they are an essential part of the police family. We must also remember that, ultimately, they are volunteers.

[Jim Fitzpatrick]

The police service parliamentary scheme is run by Sir Neil Thorne, and I was on the pilot scheme back in 1998. There is also now a fire service parliamentary scheme. I am sure that, like me, my hon. Friend would commend the schemes to all colleagues so that they can get a better understanding of how the police and fire services work. I am grateful that he has mentioned the police service parliamentary scheme, which will raise awareness of it among colleagues.

[Gerald Jones]

The police service, fire service and armed forces parliamentary schemes give parliamentarians a small but important glimpse of those services at the grassroots and of the daily pressures they deal with on our behalf.

Attacking a police officer is already an offence but, as things currently stand, the legislation is not effective and sentences are not fit for purpose. No specific protection exists for workers in the health service. We know from the Police Federation of England and Wales that the rate of attacks on police officers is unacceptably high—one every 15 seconds according to the latest estimates.

A third of my constituency is within the Gwent police force area, and its records show that 103 police officers have been assaulted since 2015, an average of one a week, 24 of which were assaults on detention staff in custody suites. The larger part of my constituency lies in the South Wales police area, and there, on average, nine officers are assaulted in any given week. Assaults often mean that officers are absent from their duties, which means that police resources are further depleted at a time when police numbers are significantly down owing to cuts.

The actual figures might be much higher, as there is evidence to suggest that officers report only the most serious cases, while the rest go unreported. That is replicated across our emergency services, as we have heard this morning.

We also know from figures released by South Wales fire and rescue service in June that there has been a 158% increase in the number of attacks against its crews in the past 12 months. Fire crews have been subjected to verbal and physical abuse and have had objects such as bricks and fireworks thrown at them as they respond to incidents, which is clearly unacceptable. Figures released in December 2016 show that NHS staff in Wales have been physically attacked more than 18,000 times over the last five years.

The evidence is there. Society supports our emergency services and the Bill, as highlighted by the survey of my hon. Friend the Member for Rhondda. Parliament must act and send the strongest possible message that attacks on people working on behalf of the public will not be tolerated. One of the most effective ways to do that is to create a new aggravated offence of assaulting an emergency service worker and to make it an offence for a person who has spat at or bitten an officer not to supply an appropriate sample.

I fully support the Bill and urge others to do likewise. There seems to be a sense of unity across the House on this issue, which is entirely appropriate and very welcome.

Criminal Justice System: Equality of Access

Gerald Jones Excerpts

Wednesday 30th November 2016 Westminster Hall

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

I beg to move,

That this House has considered equality of access to justice in the criminal justice system.

It is a pleasure to serve under your chairmanship, Mr Gapes. I am pleased to have the opportunity to discuss this important topic. In the past six years, many lawyers have spoken of their fears about access to justice. When they do, they are often accused of special pleading, as if only lawyers care about people being able to use the protection our laws afford us.

There is a problem in this country with the debate about access to the courts and the provision of legal aid. The Government say that our legal aid budget is generous. The Government speak about court users, who must contribute to the running of the courts, as if most people have nothing better to do than spend their lives in court or as if people relish rushing off to court as often as they can. The truth of people’s attitude is, of course, quite different. I can do no better than quote a giant of the Labour movement and labour law, Lord Bill Wedderburn. In his seminal 1965 book “The Worker and the Law”, he wrote that

“most people want nothing more from the law than that it should leave them alone”.

The truth is that most people would hope never to have to use the courts—the employee who is being underpaid or unfairly treated, the businessperson owed money by a customer who will not pay or the mother who is injured in a car accident on the school run. For those who commit criminal offences, the situation is very different, but no doubt many of them wish the law would leave them alone.

There have been cuts to legal aid funding in many areas of law since 2010. It would be wrong to suggest that cuts have been visited only on criminal legal aid, and it is important to put things in context. First came the Legal Aid, Sentencing and Punishment of Offenders Act 2012. At that time, the right hon. and learned Member for Rushcliffe (Mr Clarke) was the Justice Secretary and Lord Chancellor. The Act removed eligibility for publicly funded legal assistance from a raft of areas of social welfare law. For those seeking legal help with debt advice, there is no support—no support for housing advice, unless someone faces being made homeless, and no support for welfare benefits advice; the latter is particularly troubling. Past figures show that many appeals against the Department for Work and Pensions are successful. Between December 2014 and June 2015, 53% of those who appealed against fit-for-work decisions had that decision reversed. People would have to go to court far less if the decisions of Government Departments were better.

The cuts have given rise to a geographical concept I have never heard of before: a legal aid advice desert. The Law Society has a campaign devoted to the eradication of the cuts. There are areas of the England and Wales jurisdiction where legal aid advice for housing cases is disappearing. My constituency of Merthyr Tydfil and Rhymney shares with the neighbouring area of Rhondda Cynon Taf just a single provider of legal aid housing advice.

The figures show that civil legal aid cases have decreased dramatically since LASPO became law. In July this year, Young Legal Aid Lawyers, along with the Legal Action Group and the Legal Aid Practitioners Group, wrote to the Prime Minister. They explained that in 2012-13, before LASPO, there were 724,243 civil law cases funded by legal aid. By 2015-16, that figure had plummeted to just 258,460. As they told the Prime Minister, that is a picture of justice denied. The Act removed most private family law matters from the scope of legal aid. Divorce proceedings, child contact arrangements and financial and property disputes are no longer eligible, save where there is evidence of domestic violence.

At the time of LASPO coming into force, the Government made a commitment to review the effects of the Act within three to five years. We are squarely in that timescale now. The calls for that review to start have reached a crescendo. In recent months, the Trades Union Congress and Amnesty International have produced reports highlighting the scale of the problem. I pay tribute to both organisations for their work. It is surely time that the Justice Secretary set that review in motion. Perhaps her reason for not acting is that she is in possession of another review—a review of the effect of employment tribunal fees—that the Ministry of Justice appears to be sitting on, which we strongly suspect is because that review is critical of the fees.

In 2013, the then Justice Secretary, the right hon. Member for Epsom and Ewell (Chris Grayling), introduced more reforms. He sought to impose restrictions on the availability of judicial review; to restrict the ability of foreign nationals to receive publicly funded legal assistance; to remove publicly funded legal assistance for nearly every area of prison law; and to make further cuts to immigration law and to family law. A proposal for competitive tendering for criminal legal aid fees was also floated, but later abandoned.

The right hon. Member for Epsom and Ewell asserted, without providing evidence, that the legal aid bill was spiralling. He also asserted, without providing evidence, that the public had lost confidence in the legal aid system and that campaigners were using judicial review as a tool to block his Government’s unimpeachable legislative programme. We can debate whether the economic argument was ever really made out. However, those reforms were a further restriction on access to justice. Worse still are the restrictions on judicial review, which can only be characterised as a flagrant set of measures to reduce Government’s accountability to the people.

During the past six years, we have witnessed a curious sight little seen before. Outside the Old Bailey here in London and outside courts across the country, we have seen the strange sight of gowned and bewigged lawyers protesting against cuts to legal aid. That, in turn, gave rise to more curious sights still: a huge and grotesque papier mâché likeness of the right hon. Member for Epsom and Ewell being carried aloft around Parliament Square, and the barrister and former Tory MP Sir Ivan Lawrence taking to a platform erected in Old Palace Yard to call on the legal profession to strike. If 2016 has been the year that saw old certainties undermined, perhaps we should have seen it coming from that moment alone.

The question is, what brought criminal lawyers to that point? The profession has not seen a rise in fees for more than 20 years. While it is abundantly clear that many QCs have done and continue to do well from legal aid, the position is very different for the majority of junior barristers. Some reported at the time not being paid for their work or paying more in travel to get to court than they would receive for the court appearance itself. Solicitors firms throughout that time have had to do much more with much less.

The profession told of a real and present fear that it simply could not take more cuts. Diminishing fees would mean greater case loads and pressure to accumulate more clients and devote less time to those cases, all in order to stay afloat. For some professionals, that would mean compromises in quality and integrity that were a bridge too far, and they feared that firms willing to stack ’em high and sell ’em cheap would prevail.

It was rumoured that long-established and trusted law firms would disappear and that those that had been a presence on the local high street and had served their local communities for decades would be replaced by warehouses of inexperienced and exploited paralegals. It was also rumoured that removing those firms from the high street would leave no physical presence, which would be replaced with a faceless website and call centre run by G4S, Tesco or even Eddie Stobart.

The Government abandoned their restructuring of criminal legal aid and opted for more cuts. Mr Grayling imposed a reduction of 17.5% on solicitors’ fees, a huge reduction in resources that would have serious implications for any business. The cut was to be introduced in two stages: an initial 8.75% reduction last year with a planned further cut of 8.75% cut in April this year. The second cut was postponed for one year by Mr Grayling’s successor, Mr Gove.

[Mike Gapes (in the Chair)]

Order. The hon. Gentleman is aware that we normally refer to hon. Members by their constituencies, not their names.

[Gerald Jones]

I am sorry, Mr Gapes.

It is hoped that the new Justice Secretary will shortly confirm that there will be no further reduction, but the warnings from lawyers to the Government have continued. They have warned about the future of the justice system, miscarriages of justice, and two-tier justice with one law for the rich and another for the poor. That is the peril we risk creating if ordinary people are denied proper legal representation.

Wealthy defendants in criminal cases sometimes seem to have unlimited resources and create the mistaken impression that justice can be easily bought or easily evaded. That may be unpopular. People convicted of the most serious offences may have benefited from legal aid. Newspapers often howl with outrage at the sums involved, but such cases are often the longest and most complex. The answer is not to deprive people of representation. If the state and the public choose and demand that certain activities are to be criminalised, a cost is involved. It is the mark of a civilised society.

We must ensure that those who want representation are represented. Only then can we be confident they are properly tried, and properly acquitted or convicted. A proper trial means competent prosecution and defence, and since 2010, the Crown Prosecution Service too has seen significant restraint. Its budget has been cut by around 25% and its staff has been reduced by 2,500. The Government will say this has not led to any problems and cannot be blamed for trials collapsing, cases being dropped or disclosure of important evidence being missed, but the truth is that the service is stretched and that has implications for access to justice.

Access to justice does not apply only to those accused. Victims of crime also need access to justice. They must be confident that their case receives the attention it deserves, that it is adequately resourced and that it is handled with care and expertise. Austerity has made access to justice more difficult for thousands of people, not just for the reasons I have given. Yes, the Government have cut legal aid and the budget for the Crown Prosecution Service, but they have also closed courts around the country. In February, it was announced that 86 courts and tribunals would be closed, but it was reckoned that 97% of citizens would be able to reach their required court within an hour by car. That is fine for those who have a car and drive, but what about those who do not? Many people rely on public transport and for them the journey time is greater. With those closures and greater travelling times comes a diminution in the principle of local justice.

[Holly Lynch (Halifax) (Lab)]

My hon. Friend is making a powerful speech. Two of the courts that were closed across the country were in my constituency. Some of the reasoning was that the closures would facilitate a roll-out of technology and that access to justice would be more available than ever, but nothing has replaced the closure of those courts. There has been no technology, no hubs and no additional video link technology. We are left with a significant deficit in access to justice.

[Gerald Jones]

My hon. Friend makes an interesting and correct point, which underlines the position across the country where access to justice has been denied to too many people. It has been replaced not with an improved service, but with a diminution in the principle of local justice.

The Government have rightly looked at technology to ameliorate some of the problems. Trials have been launched with greater use of video links, including for defendants who need not appear in court unless necessary. Mobile vans have been parked near witnesses’ homes to allow them to give evidence without going to court. However, there are other examples, to which my hon. Friend alluded. Solicitors in Exeter were left frustrated by a new court system enabling all defendants to appear over a video link from local police stations to Plymouth magistrates court but which, however, denied them proper and private consultations with their clients. Technology must be utilised, but it must not be assumed to be good in and of itself. It must not be adopted without allowing defendants a proper defence—there must be no compromise on that.

We are worried about access to justice. One of the first acts of my right hon. Friend the Member for Islington North (Jeremy Corbyn) on becoming leader of the Labour party was to ask Lord Bach to convene a commission to assess access to justice in our system, and it is considering what can be done to improve the current situation. An independent group of commissioners is looking at the whole system. They have been invited not for their party sympathies, but for their expertise. An interim report was recently launched and is already a great piece of work with innovative and exciting ideas. It is hoped that it will be finalised next year.

Lord Chief Justice Thomas observed earlier this year that

“our justice system has become unaffordable to most”.

There can be no greater indictment of the position we find ourselves in today. I hope the Minister can offer some reassurance but, sadly, I do not hold out much hope.

Policing and Crime Bill

Gerald Jones Excerpts

Report stage: House of Commons
Tuesday 26th April 2016 Commons Chamber

In conclusion, it is important that the offence we are talking about is fit for the modern-day purposes of online sales. Often, we are talking about not just the sale of a knife but the supply of a knife. I would therefore welcome the Government considering whether a tweak needs to happen so that the sale of knives also encompasses the supply of knives. A wider understanding of sale and supply would ensure that we allow for the purchase of a knife by an adult who then passes it on to a youngster. We would then have full coverage. We should make the most of the opportunity provided by the Bill, whether that is today or later, when we come back to it here or in another place.

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

According to the National Audit Office, police forces saw their funding from central Government fall by 25% in the previous Parliament. The Chancellor and the Home Secretary have been rebuked by the statistics watchdog for claiming in the November spending review that police funding would be protected in this Parliament. As my hon. Friend the shadow Policing Minister said, Sir Andrew Dilnot, chair of the UK Statistics Authority, noted that the budgets would be cut by £160 million in real terms between 2015-16 and 2016-17. The result is that 18,000 officers have been cut by this Government, 12,000 from the frontline. This has led to police forces being overstretched and struggling with the challenges that they face. In many areas, specialist teams are stretched, and sometimes being merged, leading to even more pressure on the frontline.

I oppose the Government’s attempts in this Bill to plug the holes that they have created in the workforce with volunteers. I recognise the excellent work done by special constables, as highlighted by many right hon. and hon. Members. Some weeks ago, I had the privilege of spending some night shifts with the Lambeth division as part of the police service parliamentary scheme. I was absolutely impressed by the dedication, commitment and professionalism of all the specials I met in having to deal with fighting, robbery, assault and a range of all sorts of offences during those shifts. For many years, my own father was a special constable in south Wales, so I absolutely appreciate the role played within the policing family by special constables, as well as the other volunteers who work to support the police through neighbourhood watch, police and crime panels, and a range of other roles. However, there is a big difference between volunteers bringing additionality to the police workforce and volunteers acting as replacements for paid police staff.

One of the most concerning results of police cuts has been the reduction of in the number of neighbourhood policing teams. Under the Labour Government, we saw significant investment in local policing teams. That had a really positive impact in reducing crime, building rapport with local communities, and raising awareness and visibility. Sadly, we are witnessing the loss of local neighbourhood policing, and that is a huge backward step.

[Peter Kyle (Hove) (Lab)]

My hon. Friend is making an incredibly powerful point about the importance of neighbourhood and community policing. Does he agree that the other important aspect is stability for our economy? Increasingly, particularly in constituencies such as mine in the far south of England, high numbers of self-employed people are working at home and therefore need stability in order to boost our economy and retain economic growth within the community where a lot of our economic activity now takes place. It is not just about personal harm; it is about economic stability as well.

[Gerald Jones]

My hon. Friend makes a good point that I fully agree with. Unfortunately, across the country we are seeing the loss of the neighbourhood policing that has grown over the past 10 or15 years or so. That is a very retrograde step.

[Jim McMahon (Oldham West and Royton) (Lab)]

Failsworth in the borough of Oldham had one of the borough’s reassurance projects, which were the forerunners of the model of neighbourhood policing that we all see and respect today. The police station in that area is now closed. There is not a single custody cell in the whole borough of Oldham, and there are only two PCSOs left in the township, one of whom is likely not to be there if the cuts continue. The seven neighbourhoods that were in the borough of Oldham have now changed so that they stretch from Manchester’s city boundaries all the way through to Saddleworth and towards Huddersfield. That is not a neighbourhood, by anybody’s standards.

[Gerald Jones]

My hon. Friend makes a good point. As a local councillor, I spent many years working with the neighbourhood policing team in my communities, organising monthly advice surgeries and working with the team to resolve issues that were brought up. Cases that we as local councillors come across often have a two-pronged effect: are they a policing issue or a council issue? Very often, issues cut across both. The ability of elected local councillors to work with local neighbourhood policing teams has had a positive impact on solving crime that was, in some cases, low level, but that often led to bigger issues brewing if it was not resolved at an early stage. Local neighbourhood policing is essential to resolve community tensions, bring communities together and act as that visible part of policing that, unfortunately, we came to take for granted but that is no longer there in the way it once was. The Government should fund police forces properly and allow police and crime commissioners and chief constables to recruit more police officers to be visible on our streets, and to have the positive impact on crime that we became used to under the previous Labour Government.

--- Later in debate ---

[Antoinette Sandbach]

In fact, those people are community support officers, not police community support officers. Policing is not devolved to the Welsh Assembly Government, so the position is that they are community support officers. [Interruption.] The hon. Member for Swansea East (Carolyn Harris), who is speaking from a sedentary position, might want to check that. The Welsh Assembly Government do not have devolved powers over policing or justice.

[Gerald Jones]

I accept that the Welsh Assembly Government do not have power over policing, but there is no difference between the 500 PCSOs that the Welsh Government fund—they are part of the policing family—and other PCSOs. They are certainly not what is being proposed in the Bill; they are paid police community support officers who work in communities across Wales. Sadly, because of the Conservative cuts, the number of PCSOs has been drastically reduced elsewhere. Wales is the only area where PCSO numbers have increased, and I am thankful that I represent a Welsh constituency where that is the case. I close by asking the Minister to confirm whether she expects the volunteers to plug the gap that the Government have created by cutting the number of PCSOs.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I call Geoffrey Clifton-Brown.