(10 years, 10 months ago)
Commons ChamberObviously that will be a decision for individual police and crime commissioners, but they will all be very aware of the need to help, in particular, the most vulnerable victims. As I have said, not only will the total budget available be greater than ever before—[Interruption.] The hon. Lady says that I am not deciding how the budget is distributed. No, I am not: the decision is being made by elected people at local level, and I think that that is more likely to provide locally sensitive and tailored services than a decision made by someone sitting in London.
Local commissioning of victim support will start in October. Will the Minister reject the proposal to base the funding on population rather than on the number of victims, so that police authority areas such as Cleveland do not lose out?
I do not agree with my hon. Friend. In particular, I do not agree with his suggestion that his area will lose out. The fact is that every area in the country will receive more money under our proposed system than it was receiving under the previous system, so no one will lose out.
As the hon. Lady acknowledges, we have had a meeting, and I can assure her that of the 500 buildings the court estate encompasses, the ones to which she refers are very much at the forefront. She will appreciate, however, that we have a large estate and we keep matters under review, and we will keep her and her colleagues informed as soon as we are able to do so.
T5. More than half of the prisoners serving indeterminate prison sentences have passed their tariff date. Will the Secretary of State look at the parole and risk assessment process and review all cases where prisoners have complied with their sentence conditions but significantly exceeded their tariff?
As my hon. Friend knows, we have abolished those particular sentences because we do not believe they are the best way to deal with such serious offenders. However, that is not a retrospective change, and a number of prisoners in the estate are still serving such sentences. He will also appreciate that the decision on whether someone is released from such a sentence is to be taken by the independent Parole Board, not by Ministers. He must also recognise that the tariff is the minimum period to be served in custody, not the maximum. None the less, we will do everything we can to ensure that the process of these sentences is as efficient as it can be.
(11 years, 5 months ago)
Commons ChamberI do not believe that anyone should just be able to make a case, find a lawyer and have the initial application paid for. That is what we are going to change.
T9. In its court translation services, Capita is delivering only 90% compliance against a contract level of 98%. Will the Minister tell the House the overall cost of that failure to the Courts Service and the total amount of the penalties that have been levied on Capita?
The were difficulties and teething problems at the beginning, but the contract is now running at a very good success rate. The contract saved the taxpayer £15 million in the first year. I believe that it will be more effective, accountable and transparent than the previous version.
(11 years, 5 months ago)
Commons ChamberI rise to speak as a member of the Public Accounts Committee who is concerned about the effectiveness of the proposed measures, and as a constituency MP who is concerned about access to justice for my constituents.
We are told we have the most expensive system in the world, but only last year the National Audit Office found that the cost of our system was average, after accounting for variances in the role of the civil service and the judiciary, and the costs have been reduced since that finding. As a previous speaker said, 48% of our criminal legal aid costs are for 1% of cases, so why does the Ministry of Justice not look specifically at those cases in order to save money?
One of the misunderstandings in the mind of the public is that legal aid is a principal cost. In fact, our legal system costs half that of the Swiss and three quarters of the system in the other major European countries, and it delivers better results. Surely we should be proud of that?
I am proud of that, and I am surprised by some of the comments from Front Benchers that seem to contradict what the right hon. Gentleman just said.
We also have a system in which tariffs vary widely across the country, sometimes paying twice as much for the same activity. Why does the Ministry of Justice not look into that? We often criticise the Ministry for not piloting its ideas, but they have tested this one by setting up five public defender services. They are proving to be three to four times as expensive as present local arrangements, and the one near me in Middlesbrough has already closed down. What has the Ministry learned and why is it planning to protect those offices from competitive tendering?
The Crown Prosecution Service now has a lot of in-house lawyers, who are expensive and who have pensions, significant overheads and so on. Does the hon. Gentleman agree that going back to instructing the independent Bar, as used to happen, would result in savings and that the MOJ should look at that quite urgently?
The hon. Gentleman has made his point fluently. I am not a lawyer and am unable to comment on those details, but I am sure that Ministers heard his point.
Looking at the effect on justice first, the evidence from the USA, where the MOJ’s planned approach is already in place, will give the public little comfort. Even people who are charged with the most serious crimes, including murder, are given low-cost lawyers and scant attention. Among the most serious duties a Government can have are to prevent people from dying in hospital and to prevent them from being wrongfully imprisoned. Why do we believe so strongly in choice in the first case while seeking to eliminate it in the second? Only through choice can standards be maintained and competitive pressures take effect. Yesterday, the Chancellor said:
“Our philosophy is simple: trust people to make their own decisions and they will usually make better decisions.”—[Official Report, 26 June 2013; Vol. 565, c. 306.]
I urge the Minister to follow that approach.
I also urge the Minister to look carefully at the financial incentives in the proposed contracts. As we on the Public Accounts Committee know, there is touching faith in most Departments that their private sector partners will “do the right thing”. They will—but it will be the right thing to maximise their profits. It beggars belief that firms might get the same fee for a quick guilty plea as they get for a trial lasting days or even weeks. I know that the Secretary of State is a great believer in payment by results, but is he really looking for justice through short trials with few witnesses, or for innocent, vulnerable people to be locked up through a quick guilty plea? That is what his system will encourage.
Does my hon. Friend acknowledge the serious concern that there will be an incentive for legal representatives to encourage clients to plead guilty, because the fee will be the same? That is deeply worrying.
I agree with my hon. Friend. I repeat: private companies will seek to maximise their profits. I advise anyone who doubts that to check the financial incentives in the GP out-of-hours contracts and then look at what has happened to the number of people attending hospital accident and emergency centres.
I will now deal with contracting. This time last week, I was in Westminster Hall discussing the court translation services debacle—a true horror story. The response from the Under-Secretary of State for Justice, the hon. Member for Maidstone and The Weald (Mrs Grant), showed breathtaking complacency about the overall effect on and cost to the courts system. She even seemed to be content with a present failure rate that is five times greater than the one contracted for. In addition, as has been noted, early results coming in on the new civil legal aid arrangements show more court cases, not fewer, and many cases doubling in length owing to inadequate representation. Again, I ask whether the Ministry is counting the full costs.
The most lucrative business in this country now seems to be winning Government bidding rounds, then—ideally—selling the contract for a quick profit, as we saw with the court translation service, or taking fat fees and getting other people to do the work, as we see in the Work programme.
I am running out of time.
The Ministry has touching faith that many groups of lawyers will come together to bid; in fact, it will be largely the same magic circle of outsourcers, who hover like vultures around the award of almost every public contract—with the rumoured addition this time of a supermarket and a haulage company. One company likely to win work, of course, is G4S, with which the Secretary of State will be familiar from his previous job. G4S’s success in winning work in this sector raises the spectre that a person could be arrested, then have G4S legally representing them at the police station; providing the civilian staff processing them there; transporting them to court; representing them there; owning the court in which that person is tried; tagging them if they are on bail; and, if they are found guilty, transporting them to a G4S prison—oh, and it is quite possible that when they are released, G4S will be in charge of their rehabilitation. The potential perverse incentives in that chain are mind-boggling. I urge the Ministry of Justice to ensure that its contract packages meet its stated aims. The Ministry’s record on contracting is appalling. How will it be different this time?
I end with two questions for the Minister. First, if he or a member of his family were arrested, would he be happy with the new arrangements? Secondly, has he heard the right hon. Member for Sutton Coldfield (Mr Mitchell) express delight that he has just found the cheapest lawyer to fight his case against the Metropolitan police? I doubt it. Equal access to justice is a cornerstone of our society. The Minister has a lot to do to convince this House that that remains an objective of his Department and that it is competent to deliver it.
(11 years, 6 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
It is a pleasure, Mr Pritchard, to serve under your chairmanship. I congratulate my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) not only on his diligent chairmanship of his Committee but on his comprehensive introduction to the subject today. I am a member of the Public Accounts Committee, which considered the matter on 6 December 2012 and drew some shocking conclusions.
Life on the Public Accounts Committee involves meeting twice a week and each time hearing about very different situations, usually a litany of failure or ineffectiveness. As a result, we become a little cynical or even punch drunk. However, even by those standards, the hearing on 6 December 2012 was appalling. I am reminded by the large number of people in the Public Gallery today—no doubt some of them are personally interested in the matter—that we had a large attendance in the Public Gallery on that day. It was one of the few hearings I remember when there was shaking of heads in the Public Gallery as Ministry officials responded to the Committee. That is rare, but it happened repeatedly on that day, which says something about the officials’ complacency,
Our Committee found, not surprisingly given what we have heard, that the outsourcing of interpreter services was terribly mismanaged. We concluded that the Ministry lacked management information on the previous use of interpreters and therefore did not have a clear understanding of the requirements when contracting out the service. It did not know how much it was already spending on interpreters, or even how many interpreters were required or in what languages. As a result, the system it selected was driven by bidders’ proposals rather than the actual requirements.
Applied Language Solutions, the company that was awarded the contract, was clearly incapable of delivering on such a large contract, yet it was handed £42 million a year to cover the whole country, despite a credit rating report to the Ministry recommending that ALS should not have been awarded a contract of more than £l million. Departmental officials could not adequately explain to the Committee why it had ignored that advice. It is one thing to make such a striking error in the first place, but the Committee also found that the Ministry failed to penalise ALS effectively under the contract. Its penalty was only £2,200, and there was no penalty for the first four months when its performance was at its worst. Risible levels of penalties and low expectations of performance obviously allow private companies to get away with over-promising and under-delivering.
The Ministry should draft and implement future contracts to minimise transitional problems by piloting and rolling out new systems gradually, and incentivising contractors to meet contractual requirements from the outset—for example, through the robust use of penalties. Will the Minister tell us what penalties have been levied on Capita for failure to deliver since it took over the contract? ALS, of course, was handsomely rewarded for its failure. It sold the business on to Capita for £7.5 million only 10 months after winning the contract. As we often find on our Committee, the public sector had no say in that reassignment and certainly got no financial benefit from the on-selling. That is something we see constantly in the public sector: it is now a business to win a public sector bid or a PFI contract and then trade it on. That is how companies really make money, and ALS is a good example of it.
The Ministry estimated that it would need access to 1,200 interpreters to meet its requirements. However, it allowed the contract to go live when the supplier had only 280 interpreters ready to work under the terms of the contract. The Ministry believed that many more interpreters were available to work, in line with contractual obligations, than was actually the case, because it received over-optimistic assurances from ALS and there was confusion over definitions of what important terms such as “registered” actually meant. The Ministry was also unable to confirm that all interpreters working under the contract had the required qualifications, experience and enhanced Criminal Records Bureau checks.
The company was only able to meet 58% of its bookings, initially, against a target of 98%, which is entirely unacceptable. As previous speakers have said, it is not only about the mechanics of the contract; we are talking about people’s lives and life-changing decisions that may be made on their behalf. People who needed the services have paid a heavy price for the Ministry’s incompetence. We have seen a sharp rise in the number of ineffective trials, as others have said. A trial was recently cancelled in my area because, unbelievably, the chosen interpreter was on trial in a neighbouring court at the same time. Extra costs for the Ministry are then incurred by unnecessary trial postponements and delays. Those costs have not been revealed but they will almost certainly be far more than the money saved on the contract, and I urge the Ministry to measure the waste in the courts system caused by the problem.
Whatever value-for-money considerations drove the original decision will now bear little relation to what has actually happened. It seems certain that there has been a net cost rather than a net benefit to the justice system. In short, the Public Accounts Committee found that the process descended into total chaos, and that almost everything that could go wrong, did go wrong. I hope that the Ministry will follow up the recommendations of the PAC, the Justice Committee and the National Audit Office in order to clean up the mess. Given the large potential contracts that the Ministry is looking to award, it has a lot to do to convince the public that it has learnt the lessons, and that contracts such as those involving legal aid and rehabilitation—
Before my hon. Friend concludes, I wanted to put this point to him, which is not always recognised or understood by people. What has happened in this case, as is proposed in the case of legal aid, is that instead of outsourcing to a very large number of small, usually one-person businesses and making an assessment as to whether they are capable of doing it, the whole process of obtaining interpreters has been outsourced. It has been done on such a large scale that few organisations in the country would be able to do it.
My right hon. Friend makes a valuable point, which is of great concern to the Public Accounts Committee. We seem to have a number of Government Departments that—I suppose it is belt and braces—are making the outsourcing, or contracting-out process, so complicated that now only four or five companies can win the bid. The whole job is how a bid is won and not what the service is, because frequently the people who win the bids do not do the work. Eddie Stobart will not be providing legal aid; its expertise is winning a Government bid. That is the almost farcical situation that we have now got into. The Ministry needs to learn the lessons from that process, particularly as it seems to be about to do some very similar things on a much bigger scale.
One of the other issues that we have—we use the expression on our Committee “following the public pound” —is that the more this type of thing happens, the less access the National Audit Office has to the people who are doing the work. If the services are run by the Department, the NAO can be all over them, but typically, the contracts do not provide transparency or access, so our auditors are unable to get into the key providers.
In summary, the Minister needs to convince us about the lessons learnt, and about what improvement actions will be taken. I feel—not my Committee but I, personally—that a lot of scrutiny by a lot of people should take place before we walk into the same trap again, and I fear that the Public Accounts Committee may have a lot more work coming down the road towards it.
Before I call John Mann, to be helpful, I just say that I intend to start the wind-ups at 2.30 pm.
Let me make some progress, and I will give way later.
Remuneration now more closely reflects the work being undertaken and is more closely aligned to the rates on offer for similarly qualified people in other public services. We do not deny that there were teething problems during the early stages of the new contract, and as the Ministry said in its response to the Justice Committee’s report, the initial performance was not satisfactory. Contingency plans were put in place quickly and had a direct effect. Disruption was kept to a minimum; we pushed Capita to improve matters urgently; and there was a significant outlay of investment on its part to improve services.
In the year 30 January 2012 to 31 January 2013, there were more than 131,000 requests for language services, covering 259 different languages, and the overall success rate was at 90%. That is a significant improvement on the 67% successful booking rate in February 2012. The number of complaints received, as against the number of bookings made, has fallen significantly. From February 2012 to August 2012, complaints fell from 10.6% to 1.7% in criminal courts; from 6.3% to 0.8% in civil and family courts; and from 19.2% to 5.6% in tribunals.
We take our responsibilities seriously, and we have ensured that each complaint is investigated. As has been said during the debate, lessons must be learned. I can assure hon. Members that lessons truly are being learned.
A 90% success rate can also be described as a 10% failure rate. Can the Minister remind the House what success percentage was expected in the contract? On the point I made in my speech, what fines have Capita had for failing to meet the standards of the contract?
The ideal success rate is 98% and I believe the fines were approximately £1,400 or £1,500. I can get that figure for my hon. Friend, but 98% is what we are aiming at and what we are determined to achieve. I am confident that we will.
We have acknowledged and acted on many of the points rightly raised by the Justice Committee, the National Audit Office and the Public Accounts Committee, and we have genuinely gone right back to the contract to see where changes could benefit performance. We are not complacent; we continue to meet the challenges head on. For the first time, we can honestly say that we have a system that delivers a sustainable service and includes easily quantifiable standards—a system in which people in the justice sector can have confidence. Improvements have been made, but we have more work to do and we will endeavour to do it.
I would like to respond to some of the key aspects of the Justice Committee’s report. Many questions have been asked of the Government today, but I will do my best to respond to a number of the specific issues raised, starting with remuneration. The framework agreement between the Ministry and Capita has allowed us to make significant savings of some £16.7 million in the first year. Such savings are much needed in the current financial climate, but I recognised that the savings were affecting performance and we therefore ploughed an estimated £2.9 million of them back into the system. As I announced in the House on 25 April, the Department has amended the terms of the contract with Capita to increase remuneration for interpreters. The terms now include cancellation fees and greater rewards for more highly qualified interpreters.
(11 years, 7 months ago)
Commons ChamberI think that it is fair to say that the Churches are not displaying tremendous enthusiasm for this proposal. I am sure the hon. Gentleman will appreciate that it is not easy for the official Opposition to carry out extensive consultations, but the issue was raised in Committee, when we took evidence from some of the Churches, and I detected no great appetite or enthusiasm from them for further discussion of this kind of proposal.
Of course, we would like the Government to adopt this proposal and take it forward wholeheartedly and in a way that delivers a robust and settled legal right to humanist weddings. In the absence of that, we simply need to take the evidence of the number of people who are coming forward asking for a humanist ceremony, the number of humanist ceremonies that are taking place and the very high popularity they enjoy both among those who participate in them and those who attend them.
Let me read the remarks of one couple:
“A humanist wedding offered us the chance to make the wedding ‘ours’, it enabled us to construct our own vows and create a ceremony that felt immediately very personal to both us and our guests, it also portrayed exactly what marriage meant to us and how we see our marriage growing in the future.”
We should be celebrating that in the context of this Bill, and I greatly regret that a sense of celebration is being lost as a result of the way that this afternoon’s debate is proceeding.
I should declare an interest: I am a member of the BHA. Is the hon. Lady aware that civil registrars are increasingly offering full ceremonies, so we already have a secular alternative, and this proposal does not make a new one but just adds one that a lot of people want?
I am disappointed in that question. Secular and humanist are not the same. I am not a humanist. I would want a purely secular ceremony were I to be marrying, but others want a ceremony that reflects their beliefs. Humanism is recognised as a strand of belief. A ceremony to accommodate that deep-held feeling has to be organised and provided if we are to meet the legitimate desires of our humanist friends and neighbours.
Hon. Members are calling out numbers to me—600 in England and 2,500 in Scotland. Why something is so easy in Scotland and so difficult in England is beyond me to imagine.
One point that the hon. Member for Banbury (Sir Tony Baldry) made quite strongly concerned democracy. Democracy is not dictatorship of the majority. Our kind of democracy accepts freedoms for minorities as well. The humanists are a substantial and significant minority, of whom I am proud to be one. Over the past decade, between the past two censuses, there has been a substantial increase in those professing no religion, and a significant proportion of those people have become humanists. If a number of those professing no faith understood that there was an alternative way of living according to some strong ethical beliefs, they could become humanists themselves. They would only need to find out more about humanism, and they might well become humanists and want a humanist marriage.
In the 2011 census, 25% professed no religion. That is more than 14 million people. Does the hon. Gentleman believe that they should have the opportunity to celebrate their marriages?
I thank the hon. Gentleman for those figures, which had escaped me for the moment. Indeed, 25% is a substantial number. I do not want to oppress any minorities, or majorities, but I do not want my minority to be oppressed by anyone else.
(12 years, 7 months ago)
Commons ChamberThe Government understand that it could be seen as unfair for compensation to be available in one part of the UK but not in another, but the civil legal systems in Scotland and Northern Ireland and that in England and Wales are separate and there will inevitably be differences in the law.
My constituent, Janet Jeffrey, lost her father in 2003 to pneumoconiosis after working at Shaw’s foundry in Middlesbrough. Can the Minister assure me that any compensation arrangements will include all those whose families are affected and will not be restricted only to miners?
I can say that in light of the medical evidence, the Government do not consider it appropriate to overturn the House of Lords’ judgment that the condition of pleural plaques is not compensable under the civil law. However, I would point out to my hon. Friend that the law does not prevent a person with pleural plaques who goes on to develop any recognised asbestos-related disease in the future from bringing a claim in relation to that disease.
(13 years ago)
Commons Chamber1. What assessment he has made of whether there should be a compulsory retirement age for coroners.
The Coroners and Justice Act 2009 requires a senior coroner, area coroner or assistant coroner to vacate office on reaching the age of 70. The Government intend to implement this provision as soon as is practicable, although the retirement age will not apply to those in post immediately before the change comes into effect.
I thank the Minister for that answer. The Teesside coroner is used as a bad example nationally by charities such as Cardiac Risk in the Young and the Royal British Legion. It is led by 81-year-old Michael Sheffield. Will the Minister meet a delegation of local MPs to discuss how the performance of the Teesside service could be improved?
I am happy to meet to discuss the Teesside service, but not the coroner per se. The Lord Chief Justice and the Lord Chancellor are aware of the concerns that have been expressed about the Teesside coroner and have asked the Office for Judicial Complaints to investigate. I cannot comment any further while that investigation is ongoing.
(13 years, 1 month ago)
Commons ChamberT1. If he will make a statement on his departmental responsibilities.
Yesterday, the UK took over the chairmanship of the Council of Europe. Our key priority is reform of the European Court of Human Rights, for which there is widespread support. We are pressing for consensus among all 47 member states on a package of reforms that will make the Court more effective. The Court is struggling under a growing backlog of almost 160,000 cases, which is undermining its authority. The aim will be for the Court to concentrate on the most serious issues of alleged failure to comply with the convention by a member state. The primary duty of compliance with the convention in individual cases should rest with democratic Parliaments and national courts.
Teesside suffers from arguably the worst coroner service in the country, with families now waiting an average of 43 weeks for a verdict. How is the coroner service held accountable, and what can the Minister do to ensure that my constituents get the service they deserve?
Ultimately, coroners are independent judicial appointments, and as such, complaints must be made through the judicial appointments service. Having said that, I have been in contact with people in Teesside and I shall continue to take an interest in this matter.
(14 years, 5 months ago)
Commons ChamberI do not think that there is anybody in this House—and there has not been for as long as I can remember—who is not in favour of anonymity for people who make complaints of rape and who does not think it extremely important to encourage women to come forward on all proper occasions to press complaints about the serious criminal offence of rape. The issues surrounding anonymity for the person accused are quite different from that, and the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), has just addressed those questions. This is a matter of how far we can protect those people, and others accused of criminal offences, up to the time of charge. That approach was agreed by those on both sides of this House in the not-too-distant past—in the previous Parliament—and it probably will eventually be agreed in this Parliament too.
15. What mechanism he plans to introduce to reduce the use of short prison sentences; and if he will make a statement.
We are conducting a full assessment of sentencing policy to ensure that it is effective in deterring crime, protecting the public, punishing offenders and cutting reoffending. Short custodial sentences will be considered as part of that assessment, and we will be asking judges and magistrates for their views on these sentences and on community sentences.
I thank the Secretary of State for that answer. In the case of non-violent young offenders, will he support restorative justice programmes, such as neighbourhood justice panels, which are much more successful in reducing crime than traditional forms of punishment?
We are very interested in taking further the idea of restorative justice. Some very interesting experiments in youth restorative justice are under way and they will be carefully evaluated. In all these matters, evaluation is extremely important. People come forward with extremely enlightened and attractive views on how reoffending might be reduced or on how youth offenders might be diverted from the prison system, some of which work and some of which, alas, do not. One has to take a realistic look at them and evaluate them after a sufficient experiment to decide what works. On rehabilitation generally, that is one of the main reasons why we will concentrate on paying by results, wherever possible.