Oral Answers to Questions

Helen Grant Excerpts

Tuesday 13th November 2012 Commons Chamber

[Priti Patel (Witham) (Con)]

2. If he will bring forward proposals to ensure that victims of crime receive compensation from those who committed the crime.

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

Courts have the power to require offenders to pay compensation to their victims for any injury, loss or damage caused by the offence. Courts also have robust powers to recover unpaid compensation orders and other financial penalties.

[Priti Patel]

Does the Minister agree that there should be a presumption in favour of the victims of crime receiving compensation from offenders? Will she be issuing any guidance to the courts to ensure that that happens?

[Mrs Grant]

The Government are committed to ensuring that as many victims as possible receive compensation from offenders. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 places a new duty on courts to consider imposing compensation in any case where the victim has suffered injury, loss or damage. Issuing guidance to courts is a matter for the independent Sentencing Council, not for the Government, but the council’s guidelines already draw the courts’ attention to their powers to impose compensation.

[John Cryer (Leyton and Wanstead) (Lab)]

To what extent is this form of compensation a substitute for the criminal injuries compensation scheme, which has been cut to ribbons by the order laid in July this year?

[Mrs Grant]

Criminal injuries compensation is state-funded compensation. This is offender-funded compensation; it is completely different.

[Mr James Clappison (Hertsmere) (Con)]

Would the Minister be open to fresh thinking on this? If, for example, prisoners were given the opportunity to work, earn and keep money for themselves and their families, perhaps they could pay back some of that money to the victims of their crime and also pay tax on it, which would be of benefit to the public, as well as having a rehabilitative effect.

[Mrs Grant]

I am happy to look at that if my hon. Friend writes to me.

[Mr Andy Slaughter (Hammersmith) (Lab)]

On 11 October 2011, when Louise Casey, the first victims commissioner, resigned, the former Lord Chancellor said that he was urgently considering the future of the role. Thirteen months on—yesterday, in fact—was the closing date for applications to be Ms Casey’s 10-day-a-month replacement. What signal does it send to victims that this Government first doubt the need for a commissioner, then delay appointing one for more than a year, and finally make it a half-hearted, part-time job?

[Mrs Grant]

For a long time, victims have felt completely unsupported by the criminal justice system, and it is my job, as victims Minister, to try and put that right. I am glad to have the opportunity to do so. We are raising money for victims through the victims surcharge and the Prisoners’ Earnings Act 1996, and we are giving victims a louder voice through the appointment of a victims’ commissioner. I look forward to making that appointment, and meeting and working with the commissioner.

[Mr David Ruffley (Bury St Edmunds) (Con)]

3. What plans he has to increase public confidence in community sentences.

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[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

The criminal injuries compensation scheme 2012 was approved by the House yesterday. Having already been approved by the other place, it now has the approval of Parliament and will be implemented by the Criminal Injuries Compensation Authority on 27 November this year.

[Julie Hilling]

Given that the scheme will no longer pay out for criminal injuries such as a broken jaw, and that the awards for more serious injuries are not being increased, will the Minister confirm that the spin is just not true and that the changes represent a cut of £50 million for innocent victims?

[Mrs Grant]

Absolutely not. The aim is to provide proper compensation for those who have suffered serious criminal injuries. When the injuries are less serious, prompt, practical victim service provision will be provided, which is what victims say that they need. In addition to that, up to £50 million will be provided for victims from the victim surcharge.

[Rosie Cooper]

In the consultation on the cuts to the criminal injuries compensation scheme, the Ministry of Justice promised to protect payments to the most vulnerable and seriously injured victims of crime. Why, then, will the most severe cuts affecting compensation for loss of earnings fall on more than 1,000 of the most seriously injured victims of crime and on the dependants of murder victims? Have not the innocent victims of crime suffered enough?

[Mrs Grant]

We are of course concerned about all victims. The scheme provides some payment in recognition of loss of earnings, but it was never designed to compensate for a full lifetime’s loss of earnings. Eligible applicants will receive a clear, predictable sum that will supplement other amounts that they may receive from other sources, such as state benefits. Our changes to the scheme should also allow victims to receive payments in a much speedier manner.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Do not the changes confirm the important principle that, although the state is not liable for compensating for the criminal actions of others, it has a particular responsibility for the victims of serious crime, to ensure that they do not have to wait months or even years for compensation from an unsustainable scheme?

[Mrs Grant]

Yes, I agree completely with my hon. Friend. Our reforms have put the criminal injuries compensation scheme on to a sustainable footing, which will enable future generations of victims to benefit.

[Dr William McCrea (South Antrim) (DUP)]

Will the Minister tell the House what consultations on the matter of the reform of the criminal injuries compensation scheme were held with the devolved Administrations?

[Mrs Grant]

We talked to them as a matter of routine. I will write to the hon. Gentleman with further details.

[Robert Flello (Stoke-on-Trent South) (Lab)]

Having butchered the criminal injuries compensation scheme by £50 million, starving blameless victims of financial redress, will the Minister tell us when we will see the details of the hastily cobbled-together hardship fund? Will she also tell us whether the fund will be topped up when those in hardship exceed the mere 700 or so whom the scheme is likely to cover, instead of the 30,000 who will lose out as a result of these changes?

[Mrs Grant]

I am not going to take any lessons from a party that put this country in the most awful financial difficulties—[Interruption.] Absolutely not. The current system is not sustainable or sensible, and it needs to be simplified. As I have already said, the new victim surcharge will raise up to £50 million for victims services.

[Mr Marcus Jones (Nuneaton) (Con)]

7. What plans he has to review prisoners’ entitlement to privileges.

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[Sheila Gilmore (Edinburgh East) (Lab)]

10. What progress he has made in encouraging tribunal judges to supply feedback to Department for Work and Pensions decision-makers on the reasons for successful employment and support allowance appeals.

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

The provision of feedback on tribunals’ decisions is a matter for the judiciary, but new arrangements were introduced in July. They were agreed by the chamber president and the Department for Work and Pensions, and allow judges to select reasons for their decisions from an agreed list.

[Sheila Gilmore]

At the weekend, I spoke to a constituent who was making her second appeal in a year. She was told that there would not be a decision for four months, although the number of tribunal members appointed in Scotland has doubled in the last year. Does her experience not illustrate the huge importance of ensuring that proper reasons for decisions are given to DWP decision-makers, so that the decisions are right in the first place? That would be better than the provision of a drop-down menu or a very limited selection of reasons.

[Mrs Grant]

Her Majesty’s Courts and Tribunals Service is working closely with the DWP to improve the quality of the original decisions and also the reconsideration process, so that only appropriate appeals reach the tribunal. As for waiting times, dealing with matters in a timely fashion is of course very important. I am pleased to announce that the waiting time between the receipt of an appeal to disposal has fallen from 22 weeks to 19.3 weeks, and that in Scotland it is down to 12.6 weeks.

[Nick Smith (Blaenau Gwent) (Lab)]

11. How many foreign national prisoners were repatriated to their home country to serve their custodial sentence in 2011.

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[David Mowat (Warrington South) (Con)]

17. Whether he has made a comparative assessment of the number of claims for compensation for whiplash injuries in courts in (a) the UK, (b) France and (c) Germany.

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

We have not conducted comparative assessments, but we know that whiplash claims are higher in England and Wales than elsewhere. The increase in whiplash claims at a time when there are fewer reported road traffic accidents is unacceptable. The Government will consult shortly on measures to tackle the cost of whiplash claims.

[David Mowat]

The very high level of claims in the UK pushes up insurance premiums for ordinary people by hundreds of pounds a year. In Germany, two medical opinions are required before claims go forward. Are we considering introducing that here, and what other measures are we considering to sort out this industry?

[Mrs Grant]

The Government are committed to finding ways of tackling fraudulent whiplash claims. We are about to consult on increasing the small claims threshold for personal injury claims arising from road traffic accidents from £1,000 to £5,000. We are also about to consult on the creation of independent medical panels, which could improve diagnosis, transparency, consistency and identification in respect of exaggerated injuries.

[Steve Brine (Winchester) (Con)]

18. What plans he has to reduce the number of young people within the criminal justice system.

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[Grahame M. Morris]

May I refer the Under-Secretary of State for Justice, the hon. Member for Maidstone and The Weald (Mrs Grant) back to the answer she gave a few moments ago in response to the hon. Member for Warrington South (David Mowat)? Given the importance of this to victims of workplace accidents and industrial diseases, will the Minister meet a small delegation of Labour MPs to receive representations on the implications of the proposal to amend the ceiling on small claims compensation?

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

Yes, I would be happy to meet the hon. Gentleman and the delegation.

[Mr Edward Leigh (Gainsborough) (Con)]

T3. Is it not rather counter-intuitive, given the Secretary of State’s excellent views, to be closing rather than opening prisons? Why then are the Government consulting on closing Lincoln prison, which, as far as I know, has caused no trouble to the community since Eamon de Valera escaped from it during the first world war, and which provides 400 jobs, and humanely and safely locks our local villains away?

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[Mark Durkan (Foyle) (SDLP)]

Has the Secretary of State any concerns that the provisions in the criminal injuries compensation scheme voted on by the House last night in terms of sex abuse victims aged between 13 and 15 are a dangerous and dubious legislative signal to be sent by this Parliament as its first legislative signal in the wake of the scandal concerning Jimmy Savile?

[Mrs Grant]

I hear what the hon. Gentleman says, but would point out that our reforms have led to no changes to the 2008 scheme in respect of certain sexual abuse issues. Further guidance has been given on other particular matters. Victims coming forward in the Jimmy Savile case should certainly be able to make applications for compensation.

[Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)]

When innocent people can be framed on social media sites will the Government consider, with some urgency, looking at a certain part of the libel laws? Innocent people do not deserve to be named; they certainly do not deserve to be put through the grilling that certain people have faced. Would the Secretary of State and the Government look at that as a matter of urgency?

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[Rosie Cooper (West Lancashire) (Lab)]

Will the Minister give an indication of the cut-off date for claims under the criminal injuries compensation scheme? Victims of crime and their representatives need to know that date. Will it be Friday 23 November? Will it be Monday 26 November?

[Mrs Grant]

It will be 27 November this year.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Does the Minister have an assessment of how curfew orders have been working since their hours and length were increased last year?