Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 16th March 2021 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

What steps he is taking to tackle legal aid advice deserts.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

The Legal Aid Agency is currently acting to fill any gaps in the market, and it frequently renews capacity, to ensure adequate provision. We are currently considering civil legal aid market sustainability, and I have provided £5.4 million in emergency funding for not-for-profit legal advice providers during covid-19.

[Imran Hussain [V]]

Bradford’s community advice centres that provide legal support have been devastated by the Government’s funding cuts and preference for bigger providers. As a result, some of our excellent, hard-working, local grassroot community advice centres have been run into the ground, creating legal aid and advice deserts in some of our most vulnerable communities that need the greatest support. Will the Justice Secretary commit to a “local first” policy, to ensure that community advice centres get the funding they need to help some of society’s most vulnerable people, who cannot afford help elsewhere? Will he commit to ensuring an increase in the number of grassroot community advice centres in Bradford?

[Robert Buckland]

The hon. Gentleman is right to talk about the importance of community provision. Indeed, among those sectors that were helped by the £5.4 million funding during covid was the Law Centres Network, which plays an invaluable role. He will be glad to know that the Legal Aid Agency has launched a procurement process to identify new providers in the areas of housing and debt, where there is currently little or no provision, to help citizens get that advice. It will shortly announce a positive outcome to that process.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 14th July 2020 Commons Chamber

[Lilian Greenwood (Nottingham South) (Lab)]

What progress he has made on implementing the recommendations of the Lammy review, “An independent review into the treatment of, and outcomes for, Black, Asian and Minority Ethnic individuals in the Criminal Justice System”, published in September 2017.

[Imran Hussain (Bradford East) (Lab)]

What progress he has made on implementing the recommendations of the Lammy Review, “An independent review into the treatment of, and outcomes for, Black, Asian and Minority Ethnic individuals in the Criminal Justice System”, published in September 2017.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

We remain absolutely committed to taking forward every recommendation that falls to Government and to completing the action on all those within our responsibility over the next 12 months. Recently, in February, we provided a further progress report in which we describe the undertakings to which we have committed the Department in relation to the recommendations.

[Robert Buckland]

I am grateful to the hon. Lady for that question. She will be glad to know that only last Thursday the relevant statutory instrument was laid before the House to remove both the requirement for automatic disclosure of youth cautions and the multiple conviction rule, which cause problems for people who have old convictions, regardless of their nature or the sentence. I want to go further. I have considered carefully the recommendation of the right hon. Member for Tottenham (Mr Lammy), and the sentencing White Paper later this year will have further proposals for reform of the Rehabilitation of Offenders Act 1974.

[Imran Hussain [V]]

Stop-and-search is a misused, overused and discriminatory police tactic disproportionately applied to black, Asian and other minority communities, which results in deep resentment and distrust towards the police and the Government. Will the Government, at the very least, hold their hands up and accept that many black, Asian and other minority men, women and children are stopped and searched not on the grounds of evidence or reasonable belief but because of the colour of their skin?

[Robert Buckland]

I share with the hon. Gentleman a deep abhorrence of arbitrary use of police powers, including stop-and-search. We have committed—as we should—to a principle of intelligence-led policing. That means police officers acting lawfully, on reasonable grounds, and not profiling or stereotyping any person because of the colour of their skin. There should be no place for that in our society.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 25th February 2020 Commons Chamber

[Lucy Frazer]

I am looking forward to visiting the prison in the hon. Member’s constituency tomorrow and to speaking to the governor this afternoon. I recognise that the prison has some challenges, but I have heard that it is making real progress. I look forward to discussing the measures being taken in Bedford and talking about how we can support the prison to improve morale and the work of prison officers and to rehabilitate the prisoners.

[Imran Hussain (Bradford East) (Lab)]

This afternoon, trade unions representing the wide variety of staff working in our prisons to keep us safe will meet to finalise the safe prisons charter, which has been drawn up by those facing violence in prisons first hand on a daily basis. Will the Minister adopt the charter and put the safety of staff first—yes or no?

[Lucy Frazer]

I very much look forward to seeing the charter. It is difficult to commit to it until I have seen it, but I am pleased to have met regularly with the unions to discuss general issues relating to their members. When I met prison officers at HMP Whitemoor after they experienced a terrible incident in their prison, I was bowled over to see their determination, resilience and stoicism at first hand and to hear about the amazing work they do every day and the support they give each other. I will look closely at the document the hon. Gentleman mentions.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 14th January 2020 Commons Chamber

[Robert Buckland]

I pay tribute to my hon. Friend’s work when he was courts Minister. As he knows, the programme that he helped to spearhead is already improving both access to justice and efficiency. More than 300,000 people have now used new online services established to enhance access, such as to make civil money claims, to apply for divorce or to make a plea to low-level criminal offences. Last year alone, more than 65,000 civil money claims were made online, with nine out of 10 users saying they were satisfied or very satisfied with the service.

[Imran Hussain (Bradford East) (Lab)]

I, too, welcome you to your place, Mr Speaker. Let me also align myself with the comments of both the Secretary of State and the shadow Secretary of State about staff at HMP Whitemoor.

Our probation service should keep us all safe, but this morning another damning report said that understaffing in a national probation service that is dealing with the most serious offenders is putting public safety at risk. Those shortages leave staff overworked and unable to conduct due diligence, force them to take on too many cases, and are a direct consequence of the Government’s decision to break up the probation service, so will the Minister commit herself to returning staffing across the service to safe levels in order to undo the serious damage they have caused?

[The Minister of State, Ministry of Justice (Lucy Frazer)]

I welcome this morning’s report from the inspectorate of probation. Its publication is timely, given the changes that we are making to create a more unified probation service. That transition has already taken place in Wales.

Having read the report, I am pleased to note that it says that leadership is good throughout the service. Of course we need to recruit more probation officers, and we are doing that—800 officers who are currently being trained will come on board imminently—but we also recognise that as we recruit more police officers, we need to recruit more prison and probation officers as well, and we are taking steps to do so.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 8th October 2019 Commons Chamber

[Lucy Frazer]

I thank my hon. Friend for raising the profile of the work of prison officers in his Westminster Hall debate last year, as well as this morning in questions, and for participating and promoting the excellent Prison Service parliamentary scheme. He is right to refer to prison officers as “brave public servants”, and the Secretary of State referred to them in his conference speech as “unsung heroes”. We made offers to staff to reduce the pension age in 2013 and 2017, but both offers were rejected by the Prison Officers Association.

[Imran Hussain (Bradford East) (Lab)]

I welcome the Minister back to the Ministry of Justice in her new role. Like her predecessors, she comes to this House triumphant about the Government’s recruitment campaign. However, the reality is that we just have to look at the breakdown in the number of prison officers to see that it is far from the truth. Some 80,000 years of cumulative prison officer experience have been lost, a third of officers have less than two years’ experience and the number of officers is now falling again—still lagging 2,500 behind 2010 levels. Will the Minister in her new role simply commit to bringing prison officer numbers back to 2010 levels?

[Lucy Frazer]

We have made a significant breakthrough in the number of prison officers. We have introduced the key worker scheme, which allows prison officers to build relationships with the prisoners, and during my visits to prisons I have heard that the scheme is extremely popular among prisoners and prison officers. We are professionalising our workforce in the youth estate, providing all frontline officers with a foundation degree—

Prison Officers: Pension Age

Imran Hussain Excerpts

Tuesday 8th October 2019 Westminster Hall

[Imran Hussain (Bradford East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hanson. In the brief time I have, I will start by thanking the hon. Member for Sittingbourne and Sheppey (Gordon Henderson) for securing such an important debate. I think the whole House can agree that he made a powerful speech, much of which hon. Members across the House will agree with. I have to say that I disagree with him on the points he made about the privatisation of probation, but that is a debate for another day; I will park that for today.

My hon. Friend the Member for Easington (Grahame Morris) also made a powerful speech. In particular, he gave accounts of some horrific assaults and attacks against our hard-working prison officers. Many other hon. Members contributed through interventions. The theme of much of the debate was that 68 is too late, and I will come to that shortly.

I thank our prison officers for the hard work that they do, often unseen and behind the scenes, to keep us safe. The job that they do on a daily basis is one of the most difficult, and in one of the most dangerous settings imaginable. Yet rather than treating them with the respect and dignity they deserve, for almost a decade this Government have treated them with anything but. Instead of overseeing a highly motivated and trained workforce on the frontline of reforming offenders, the Government have overseen years of declining morale, declining working conditions and declining numbers among our prison officer workforce. The raising of a prison officer’s retirement age is one part of that. It is an important one, but it is not the whole picture.

Last week, in a debate secured by the Select Committee on Justice, we heard how the Ministry of Justice budget has been savaged in the name of the Government’s ideological austerity agenda. Thousands of prison officers and tens of thousands of years of irreplaceable experience have been lost as a result. Between 2010 and 2015, close to 7,000 frontline prison officers were lost. Despite a recruitment drive once the Government realised the terrible damage they were causing to the prison system, we are still well short of 2010 numbers.

[Mr Jim Cunningham (Coventry South) (Lab)]

It is very interesting that the Government have now decided to replace the numbers of police officers that they lost over the eight or nine-year period, but they cannot do the same for prison officers. I agree with the hon. Member for Motherwell and Wishaw (Marion Fellows) that a prison officer’s job is just as dangerous in some ways as that of a policeman or a fireman, but there is this disparity. Does my hon. Friend agree that public services over the last eight or nine years have been the recipients of some of the most vicious cuts that have been implemented by this Government?

[Imran Hussain]

I absolutely agree. Given the frontline work that our hard-working prison officers do, they should be an emergency service—a frontline uniformed service—as our other services are, and they should be rewarded and treated exactly the same. I have made that point before.

Like many other public sector professionals on the frontline of vital services, prison officers were also subject to the Government’s harsh pay freeze and public sector pay cap for many years. Even though the pay cap has now been lifted, prison officers are unfairly disadvantaged when compared with their public sector counterparts. For too many prison officers, it is too late. They still feel inadequately rewarded for the important work that they do.

Safety for prison officers has also declined dramatically, with a quadrupling of assaults against prison officers since 2010 and an alarming number of serious injuries, as found in the recent response to my written question, rising from 160 in 2010 to 850 last year. A number of examples have been given by hon. Members; time not permitting, I cannot go through them all, but the reality is that prison officers now go to work fearing for their safety—expecting to be assaulted, beaten or abused. It is truly horrific that they feel that way while this Government do little to address the underlying issues. Those are not the actions of a Government who respect prison officers or treat them with the dignity that they deserve, and nor is raising the retirement age of prison officers to 68.

The job of a prison officer is physically demanding and requires the satisfactory completion of a demanding fitness test. It requires fully fit personnel who are able to perform control and restraint techniques, exercise strength, maintain their fitness and stamina over long periods and react with agility in demanding and quickly changing environments, as alluded to by several Members. The public would not expect anything less from those who keep them safe—and neither, it seems, would the Ministry of Justice, which stated in its submission to the Cabinet Office that the changes were unacceptable. However, the Government have ignored serious concerns about prison officers’ ability to carry out their roles effectively as they get older, despite the Ministry of Justice’s own admissions.

The Government have repeatedly refused to engage with the Prison Officers Association and the prison officers that it represents. Instead of getting around the table to work with the POA to seek a solution, and to look for ways to resolve prison officers’ serious concerns about the retirement age, the Government have sought to pin the blame on it. I am deeply disappointed that Ministers—I appreciate that this Minister is new in her role and is not the Minister responsible for prisons and probation—have failed, quite frankly, to show the leadership needed. They have put the health and safety of prison staff at risk and made it clear that the Government see prison officers not as a vital workforce worthy of investment and support, but as a dispensable commodity.

Because of the way they have been treated by the Government, and with horrendous and dangerous conditions on the balconies and in the wings, many prison officers no longer see their role as a long-term career. It is little wonder that prison officers—both those who have served for years and those in their first year of service—are leaving at such a pronounced rate, creating a retention crisis and worsening the huge problems in our prison system that are of the Government’s making. That is why the next Labour Government will address this issue, and we will work with the POA and prison officers to make sure that they are properly trained and rewarded, and that they are physically capable of doing their jobs. Only then can we deliver a prison system that provides us with security and rehabilitation.

--- Later in debate ---

[Gordon Henderson]

I will make just a few points, if I may. We have had consensus today, but I have to say to the Opposition spokesperson, the hon. Member for Bradford East (Imran Hussain), that the last Labour Government did not cover themselves with glory in the eyes of the POA. Talk to my prison officers: they remember vividly how the Labour party embraced the privatisation of prisons with great enthusiasm. But that was then.

[Imran Hussain]

Will the hon. Gentleman give way?

[Gordon Henderson]

I do not have time.

With regard to what the Minister said about the difference between prison officers and police officers, I revert to section 8 of the Prison Act 1952, which states that prison officers

“shall have all the powers, authority, protection and privileges of a constable.”

Yet because prison officers happen to be part of the civil service pension scheme, they have to work until they are 68 when the police do not. The Government might have to look at whether prison officers should be part of the civil service, or whether they should be a separate entity again.

The Minister mentioned that staff on Sheppey are getting enhanced pay, and that it is up to £27,000 for new staff. I accept that, but it creates another anomaly in the system: the existing staff do not get that enhancement, so there will be some instances of new staff actually earning more than existing staff. Once again, that is something that we need to look at.

I will end with a little advert. I urge all Members present who have shown an interest in the debate to get involved in the Prison Service parliamentary scheme.

Question put and agreed to.

Resolved,

That this House has considered the pension age of prison officers.

Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019

Imran Hussain Excerpts

Tuesday 8th October 2019 General Committees

[Imran Hussain (Bradford East) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Roger. This is the first time that the Minister and I have been together in Committee, and I welcome her to her new role.

The plight of vulnerable unaccompanied and separated children—many fleeing truly desperate and dangerous situations around the world—who have sought safety, refuge and sanctuary in the UK should alarm us all and induce us to action. The Opposition unreservedly support today’s measure to bring those cases involving separated children back into the scope of legal aid. However, we must note not only that access to legal aid should never have been taken from this vulnerable group, but that the Government never intended to introduce today’s measure, and would never have done so if left to their own devices.

We must be clear that we are here this morning to consider the order not because the Government have, all of a sudden, had a change of heart and realised that the misery, pain and suffering that they imposed upon the children affected was too great, but because, as my hon. Friend the Member for Cardiff Central alluded to, of a legal challenge to their decision under the 2012 LASPO legislation to remove separated children from the scope of legal aid by the Children’s Society, an independent, third-sector charity, supported by lawyers, barristers and other legal professionals.

The Government have not introduced the draft order willingly and out of their own compassion; they did so because they have conceded to the legal case that was brought against them, fearing another damning defeat. Migrant children are among society’s most vulnerable groups, and unaccompanied children are even more so given the unique migratory factors at play and the particular vulnerabilities that they have as children without caregivers. Indeed, the Government’s own impact assessment for this statutory instrument states that these children have “distinct vulnerabilities” and needs. According to the previous special rapporteur on human rights of migrants, writing in his final report to the United Nations Human Rights Council in 2011, children who are unaccompanied or separated from their parents are “particularly vulnerable” to human rights violations and abuses at all stages of the migration process. Even the Children’s Commissioner for England has stated that children arriving unaccompanied in the UK are some of the most vulnerable that they deal with, due to the triple vulnerabilities they face.

Yet despite that, and despite the fact that children need access to high-quality immigration advice to regularise their status and protect themselves while being unable to properly represent themselves, the Government have kept unaccompanied migrant children out of the scope of legal aid for six years. Consequently, vulnerable children have been forced to represent themselves in legal cases, even though representing themselves properly is impossible due to their age, language barriers and vulnerability. That is a complex enough cocktail of factors before we even get on to the myriad immigration rules and the intricate nature of immigration law.

That has led to unaccompanied children now being at a heightened risk of having to support and represent themselves through legal processes and procedures, being more likely to receive an unfavourable legal outcome, being less likely than other children to be able to fund and apply for legal advice, and also being at increased risk of exploitation through the need to fund legal services, as the Children’s Commissioner for England has found. This is damming. It is no way to treat vulnerable children. It is no wonder that the Joint Committee on Human Rights has declared that

“the Government’s reforms to legal aid have been a significant black mark on its human rights record”

and that children more generally are being denied the use of the law to assert their rights and legal needs following the changes under LASPO.

Where free legal support does exist, many children are also restricted and frozen out of it due to the postcode lottery of legal support that sees most free legal advice concentrated in certain areas such as London and the south-east, while the number of law centres and other advice services is in decline across the whole country.

Together with the scale of the challenge faced by these unaccompanied children and the urgency of the need to address their inability to access legal aid in order to prevent abuses of their human rights, we are also deeply critical of the length of time it has taken the Government to lay the order before the House. A year went by between a Minister making a written statement conceding that removing separated children from the scope of legal aid was a reprehensible decision and the order being laid in order to reverse the changes under LASPO. Yet the Minister responsible at the time had declared in her written statement:

“The amendment will be laid in due course”.

When dealing with such sensitive issues and such vulnerable children, we should expect a speedier response, particularly considering that the Government are doing nothing new; they are simply restoring what had been taken away by LASPO. Will the Minister identify just how many separated children have been unable to access legal aid support to bring their cases to court since July 2018, when that written statement was published?

I expect that the Minister will response to that question by repeating the words of her predecessor, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), in that written ministerial statement:

“Legal aid for other immigration matters is available via the Exceptional Case Funding (ECF) scheme”—

something to which this Minister has also alluded today—

“which is intended to ensure legal aid is accessible in all cases where there is a risk of a breach of human rights.”—[Official Report, 12 July 2018; Vol. 644, c. 47WS.]

However, if the Government were anticipating breaches of human rights as a result of their changes under LASPO, why did they enact those changes in the first place? Is the ECF scheme sufficient, and has it been so, given that the Children’s Society and the review of the Bach commission on access to justice found that it had failed to provide a safety net and still left children vulnerable? The Government’s own figures show that thousands of children and young people would have been helped through the exceptional case funding. The reality is that the number helped through that fund is in the tens, not the thousands. Again, the Government have some serious questions to answer on that.

Although we will not oppose the order—

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Well, no; you have just spoken in favour of it.

[Imran Hussain]

We will certainly not pat the Minister on the back and congratulate the Government, given that it has taken them more than a year to lay the order before the House after conceding defeat in the legal case, and almost a further three months to bring it forward for debate. During that time, inevitably, many more children have been unable to access the legal aid support that they have a right to, and many more children will have suffered as a result by being removed from the UK and returned to the desperate and dangerous conditions that they escaped from.

By putting off and delaying the order, the Government have neglected their duty of care to those vulnerable children and discarded their own humanity. We must never forget that, just as we must never forget that the Government removed those children’s access to legal aid to begin with, which put us in this sorry and deplorable situation. They cannot be proud of correcting such a colossal mistake and they must hang their head in shame that it has taken them so long to bring the matter back to the House.

Female Offender Strategy: One Year On

Imran Hussain Excerpts

Wednesday 24th July 2019 Westminster Hall

[Imran Hussain (Bradford East) (Lab)]

It is a pleasure to serve under your chairship, Ms Ryan, and I thank my hon. Friend the Member for Stretford and Urmston (Kate Green) for securing this important debate on the first anniversary of the Government’s female offender strategy. She and other members of the all-party group for women in the penal system do excellent work in this field. They are tireless campaigners for a better, fairer, justice system, and I pay tribute to them.

I suspect that my neighbour, the hon. Member for Shipley (Philip Davies), will disagree with a lot of my speech, but as the hon. and learned Member for Edinburgh South West (Joanna Cherry) pointed out, numerous reports and studies recognise that female offenders face several additional complex challenges that are separate to those faced by men and that act as drivers of offending and reoffending. Those drivers are key to understanding how we can deliver a criminal justice system that is fair and just and that acts in the best interests of society.

As Members have said, both today and in the past, a woman in prison is more likely to have experienced domestic abuse or to be homeless before entering custody and after leaving. She is more likely to suffer from substance misuse and to experience mental health issues. She is also more likely to have committed a non-violent offence—most probably an offence due to poverty, where meeting a need rather than material gain was the objective—and to be serving a short sentence. The vast majority of those women are not dangerous. They are deeply troubled, and it is clear that, for many, prison is not the best place to address their needs and challenges or the drivers of offending. That is particularly clear considering the high level of reoffending by women released from prison compared with those serving sentences in the community.

[Philip Davies]

Will the hon. Gentleman give way?

[Imran Hussain]

I have some stuff to put on the record, so on this occasion I will not.

The Corston report and others have stated that prison is rarely a necessary, appropriate or proportionate response to women who offend, and I completely agree. There is no reason why we should be locking up so many vulnerable women who have committed non-violent offences that are, in many cases, crimes of poverty.

Prison, regardless of the length of sentence, even if it is just a matter of weeks, takes away a woman’s job, home and family—everything that has been proven time and time again to reduce the likelihood of reoffending. For those who have committed dangerous offences that leave them a danger to the public, of course, custody is still necessary, but for many, many women, that is simply not the case. Indeed, the Government themselves have recognised the complex challenges that women face and acknowledged the need for change, setting out in their much-delayed female offender strategy that criminalising vulnerable individuals has broader negative social impacts, that short custodial sentences do not deliver the best results for female offenders and that good community management works.

To address those issues, the Government set out three main objectives in the strategy: fewer women coming into the criminal justice system; fewer women in custody, especially on short-term sentences, and a greater proportion of women managed in the community successfully; and better conditions for those in custody. However, despite their warm words in the female offender strategy, we have seen little from the Government about turning vision into reality.

At the end of June, the Under-Secretary of State for Justice, the hon. Member for Charnwood (Edward Argar), who is not here today, issued a written statement on the progress that the Government had made. While he stated that he wishes to celebrate what he calls “improvements”, he should be doing anything but celebrating. What the Ministry of Justice has achieved is simply unacceptable for a year’s worth of work. It just is not good enough.

The first problem that the strategy encounters is woeful underfunding, setting out just £5 million over two years in community provision for women, including an initial £3.5 million grant. Not only is that money already earmarked and allocated elsewhere as part of the violence against women and girls funding, but it is well short of what experts have said is needed.

The Government’s own Advisory Board on Female Offenders told the Justice Secretary that the strategy requires at least £20 million, a view shared by the hon. Member for Bracknell (Dr Lee), himself a former Minister, who has confirmed that the strategy is £15 million short. We often disagreed on things when he was my opposite number, but on this issue he had passion and vision, and I thank him for that.

Nor have we seen any progress on the development of the promised residential women’s centres, despite their forming a core part of the female offender strategy. The hon. Member for Charnwood told the House in his written statement that the Ministry of Justice has

“recently concluded our first phase of consultation with local voluntary and statutory agencies”,

but added:

“We will continue to consult with partners as we refine…the pilot.”—[Official Report, 27 June 2019; Vol. 662, cols 54-55WS.]

That is far from good enough.

The Corston report of 2007 made the recommendation to deliver the first network of women’s centres, and the Labour Government delivered it. We acted. We helped to develop and nurture that network, which has proven itself time and time again as a real, productive alternative to custody and has been met with praise by all those working with it.

Yet despite this body of evidence and the fact that their proposals are just a revision of the last Labour Government’s policy, the Government still feel that there is a need for an extended trial. They do not need to conduct a trial. We know that women’s centres work. Instead, they should either be getting on with their residential centres, or investing back into existing women’s centres and those who operate them to expand the network. Over recent years, it has been devastated following a series of cuts imposed by the Government’s reforms to probation, which led private probation providers to see their obligation to women as a requirement not to provide holistic support, but just to provide the option of a female supervisor.

Despite their stated desire to see fewer women in custody and on short-term sentences, the Government have also made little progress on reforming sentencing for female offenders. Women are still being sent to prison for non-violent offences where they are absolutely no danger to the public. They are still being sent to prison for poverty-related offences such as shoplifting or, quite disturbingly, for petty offences such as TV licence evasion—a point made earlier. The hon. Member for Shipley will want to know that women are sent to prison for that at a greater rate than men are.

Is that the society we want, where vulnerable women are sent to prison for petty offences such as TV licences? The Government are also still locking up vulnerable women whose needs and challenges cannot be addressed in prison. In particular, they are still locking up women who are homeless, and at a greater rate, with the number of homeless women sent to prison rising 71% from the 2015 figure.

In conclusion, last year we were promised a strategy that we were told would change the way women are treated in the criminal justice system, building on the highly influential Corston report. But a year on—a year in which the MOJ could have radically transformed the criminal justice landscape for female offenders—we have seen nothing of the sort. The Government should be ashamed of the lack of progress that they have made in the past 12 months. There is an overwhelming consensus among those who work with women and among hon. Members here today that we should be doing more to help female offenders. If this Government will not do it, a Labour Government will.

[Joan Ryan (in the Chair)]

Minister, could you wind up your speech a few minutes before 4 pm, to allow the mover to wind up?

Courts and Tribunals (Online Procedure) Bill [Lords]

Imran Hussain Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Tuesday 16th July 2019 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

Let me begin by drawing attention to my registered interest as a member of the Bar.

As the House heard from my hon. Friend the Member for Bolton South East (Yasmin Qureshi), we support the establishment of an online procedure rules committee and the goal of modernising our courts and tribunals. However, we believe that new technologies must be used in our courts only when they have been proved to improve access to justice and engagement with the courts system, and we are concerned about a number of other issues raised by the Bill.

Concerns have been expressed by my hon. Friends the Members for Bolton South East, for Enfield, Southgate (Bambos Charalambous) and for Coventry South (Mr Cunningham) and by the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Robert Neill), who, in his usual fashion, has been very fair in his analysis of the Bill and highlighted and accepted that we in the Opposition will have natural and genuine concerns.

There has not been as much participation in the debate on the Bill today as we might have expected so my task in summing up the debate has been made slightly easier, but none the less I shall seek to go through our main concerns. I reiterate that we support an online procedure rule committee and the goal of modernising our courts and tribunals, but we do have concerns.

First, digital exclusion has been referred to by a number of Members, and we are concerned that the measures in this Bill could without proper protections exclude those with poor digital literacy from our justice system. Vulnerable people in particular and those with English as a second language are disproportionately represented among defendants, and the Law Society has stated that insufficient weight and prominence will be given to the need for legal advice and representation. Further stoking these fears is the catastrophic failure of the MOJ IT system earlier this year, which, in the words of the Criminal Bar Association put our courts “on their knees” by locking legal practitioners out of their secure email services, leaving them unable to access wi-fi and forcing the adjournment of trials. This is an illustration of technology taking a turn for the worse and how that can impact our justice system.

We are also clear that those using the courts must be able to opt out of a digital proceeding and instead choose a traditional court procedure to prevent them from being digitally excluded, particularly in the light of the fact that there is little research into the different justice outcomes of different procedures and the Government’s record of lacking research, piloting or consultation, which has meant that many of their existing digital reforms have led to delays, a worsening experience for court users and reduced access to justice.

The make-up of the OPRC must be representative; that point was also made by a number of speakers. Its make-up must be representative in particular of the legal profession, as it has the power to dramatically alter the processes in court. It should therefore include at least one representative from each of the solicitor, barrister, legal executive and magistrate professions. Only through this can the committee access the experience of the different legal professional users; only they can see the system as professionals and through the eyes of the client to deliver the best result when creating new rules. While the Government have ceded ground on this issue in the Lords by increasing the number of representatives, which we welcome, they must not seek to reverse this position in Committee, and they must go further to ensure better legal representation on the committee.

Finally, we are concerned about the way in which the Justice Secretary as Lord Chancellor sought to exercise his powers, as the Bill entered the Lords without any real safeguards on his powers in what are now clauses 9 and 10. The Lords Constitution Committee declared its own fears that the Bill conferred broad powers on the Lord Chancellor, and while the Government were defeated and these powers were curbed, we are clear that they must not seek to roll back this progress in Committee. It is right to involve the Lord Chief Justice or Senior President of Tribunals, as the Constitution Committee also states, to ensure fair and efficient administration of the justice system for which they are responsible.

Dramatically reducing the content of my speech in the light of the debate today, I say in conclusion that, while we support the creation of an online procedure rule committee and support the goal of modernising our courts and tribunals system to bring it into the 21st century, we still have some concerns about the Bill, as I have outlined. I hope that the Minister will address those points, so we will not seek a Division today. However, we will in Committee push for amendments to ensure that hard-won rights are protected, that the OPRC is representative of the legal profession and that, in the 70th year of Labour’s landmark introduction of legal aid that made access to justice an achievable goal for everyone, the ability to access justice is not further eroded by measures in the Bill.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 9th July 2019 Commons Chamber

[Robert Buckland]

My hon. Friend raises an important point. Indeed, the service has started research on the effects on prison staff of second-hand exposure to psychoactive substances, in particular across 10 prisons. That testing programme will be extended. We have also established a drugs taskforce, because the best way to deal with the risk is to minimise the use of drugs in prisons. That is a tough challenge, but one that the whole service is working towards.

[Imran Hussain (Bradford East) (Lab)]

Teachers, nurses, cleaners and many others are a vital part of our prison workforce. However, alongside prison officers, they are exposed to the dangers of the prison estate, which the prisons inspector just today has stated contains too much violence, drug use and inactivity, and frankly remains in a state of emergency. Staff have the right to work in a safe environment that is free from violence, abuse and danger, but violence against staff is reaching record highs. Will the Justice Secretary commit today to meeting the teachers I met earlier, and who are in the Gallery to hear his answers, to ensure the safety of all our staff in our prisons?

[Robert Buckland]

I am always interested in meeting staff from across the prison estate, and that includes the teachers who are here today. The hon. Gentleman is right to highlight Peter Clarke’s important report. That report contains significant findings relating to the ongoing challenges, but it also celebrates the professionalism, the caring and the well-run safe, calm parts of our prison estate that exemplify a successful history and pattern of working. I was delighted to be able to attend the prison officer of the year awards last week to acknowledge some of the outstanding service given by prison officers and other employees in HMPPS.