Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Imran Hussain Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 12th December 2018 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I, too, thank all hon. Members who have participated in the proceedings on the Bill today and throughout its passage for the considered and learned contributions they have made. I also thank the Public Bill Office, as well as organisations such as the Law Society, the Bar Council and Justice for the expertise and support that they have provided throughout these proceedings.

From the outset, we have made clear our reservations about the measures contained in the Bill: the fact that there is no proper parliamentary scrutiny of the delegation of powers to non-judicial staff; the fact that there are no minimum qualifications and experience for staff to whom powers are delegated; and the fact that there is no statutory right to reconsideration by a judge of the decisions made by authorised staff. We have been clear that we are not opposed to the principle of reform and change to our courts system. However, we cannot support the changes in this Bill without the protections that we, the Bar Council and the Law Society, among other organisations, and legal professionals have called for. Unfortunately, on these matters, we feel that we have been ignored, and therefore we will oppose the Bill on Third Reading today.

Judges hold considerable power in our courts system. They have the power to commit individuals to prison, to detain, to repossess, to grant injunctions and to issue search orders, among many others, and it takes judges years to develop the experience and qualifications necessary to wield these powers. That is why we should not take the handling of powers given to them lightly, yet that is precisely what the Government are doing in this Bill. They are passing powers currently exercised by the judiciary to authorised court staff and, most crucially, they are doing so without sufficient scrutiny. The delegation of powers exercised by the procedure rule committees will be done under delegated legislation, with no more safeguards than using a motion under the negative procedure. This is not simply a procedural matter, as the Government have stated today, but one that has the potential to change the nature of our justice system.

Under the Bill, authorised staff will find themselves able to wield considerable power. Although some decisions might seem insignificant, no court decision is small or inconsequential. The smallest decision’s implications can reach far beyond the here and now, well into the advanced stages of a case. We can easily see authorised staff making decisions that are contested because the procedure rule committees, not Parliament, are granting them the power and functions. The Government should have accepted our amendment today to require that when statutory instruments delegating judicial functions to authorised persons are introduced, they are subject to the affirmative procedure, allowing Parliament the necessary scrutiny, but they chose not to do so.

The lack of scrutiny of delegated powers and functions is even more worrying considering the lack of qualifications and experience that the Bill requires to wield them. We rightly expect a minimum standard of our judges, and so do the public. We expect that decisions in our courts are made by those with experience and the necessary qualifications, which is why we have restrictions and a thorough vetting process for those who wish to become members of our judiciary. Justices of the peace—magistrates who do not hold a legal qualification—nevertheless have considerable life experience and are still advised by trained, experienced and qualified legal staff. The Government, however, have imposed none of these requirements of experience and qualification on authorised staff.

In the Public Bill Committee in the Lords, the Minister responsible stated that the minimum standards we sought to impose then, and sought to impose in the Public Bill Committee in this House and again earlier today, would be more restrictive than those that are currently imposed on people providing legal advice in magistrates and family courts. However, that is no excuse and there is no reason why, when authorised staff are making decisions that were previously made by trained and experienced judges, we should not be upholding a higher standard. The Government counter that the decisions being made by authorised staff will be limited and that they will not be contested, but they cannot give that guarantee here today, for even the most basic decisions—extending time for service and taking pleas—may give rise to contention.

Even if we were to provide tight restrictions in the Bill for decisions that were delegated to ensure that they were not contested, that would not alter the fact that even non-contested elements of cases require experience—a view supported by Sir Brian Leveson in his review of the efficiency of criminal proceedings. Furthermore, if staff were legally trained and qualified, they would still be without the benefit of the experience that our judges hold through their many years of service in our legal system. That is why experience is just as crucial here as qualifications, as shown by our amendments and by the support that they received from the Bar Council. There was no reason why the Government could not accept the amendments on this issue, and no reason for them not to hold authorised staff to a higher standard when they are granted the power to make decisions. Clearly, however, the Government thought otherwise of the Bar Council’s expertise.

Our final point is that the Bill fails to provide sufficient safeguards for the decisions that are made by authorised staff, with no statutory right to judicial reconsideration. Clearly, the Government have not taken heed of the warning to be vigilant when judicial powers are being exercised by non-members of the judiciary. The explanations that they have provided in their factsheets—that delegated decisions will not be contested—are insufficient, as are the safeguards provided by the procedure rule committees, which are too open to pressure to reduce the right to reconsideration to ease pressures and backlogs in the courts.

Any legal decision made in our courts must be open to review and appeal. It is a fundamental principle of the rule of law, and the decisions made by authorised staff should be no different, yet the Bill does not uphold that spirit by failing to make available a statutory right to reconsideration. In failing to provide that statutory right, the Government have undermined the expectation of the public that legal decisions will be made by a judge or can be reviewed by a judge, and they have undermined our courts and judicial system in the process.

The Bill is a poor replacement for what should have been a thorough Bill filled with real courts reform. We are disappointed that the Government have failed to take up the baton of reform and to change their punitive legal aid cuts, which have left thousands unable to exercise their right to access to justice, created barren legal aid deserts and allowed legal rights to degrade to the point where they are no longer worth the paper they are written on. They have failed to change course on a courts closure programme that forces people to travel miles, at great cost and difficulty, to get to their closest courts and uphold their rights, and they have failed to address the urgent need for protection for domestic violence victims being cross-examined and questioned in the family courts by the very same people who subjected them to the abuse.

[Keith Vaz (Leicester East) (Lab)]

My hon. Friend is making a powerful speech, and I agree with everything he has said. There is one other aspect that I am sure he as a constituency MP, like me and others, has faced, which is the delays experienced by our constituents in the immigration tribunal, some having to wait up to two years for a decision on whether they can bring spouses into the country. Does he agree that the Government have failed to act to clear the backlog?

[Imran Hussain]

My right hon. Friend is a distinguished parliamentarian and, as ever, makes a really important point. It is not within the remit of the Bill—one of the problems with the Bill is that its narrow scope prevents important issues such as the one he raises from being discussed—but I absolutely agree with him.

The Bill is a shadow of what it could and should have been and fails to provide protections and safeguards on the changes the Government have introduced. It is on these grounds—the lack of protections for courts, judges and people seeking justice—that we will oppose the Bill today.

[Robert Neill]

It is a pleasure to follow the hon. Member for Bradford East (Imran Hussain). We have had a constructive and civilised debate on both sides. I do not agree with all his conclusions, but none the less it has been a good debate. I particularly congratulate my hon. and learned Friend the Minister on the stellar way in which she has taken the Bill through all its stages. I am sure that it will not be the last time she does that.

I support the Bill. I would have liked a bigger Bill, and I would like not to have lost the Prisons and Courts Bill in the 2017 Dissolution, but we are where we are, and this is a valuable step forward. I particularly welcome my hon. and learned Friend’s commitment to introducing further legislation. As she and the House know, this is part of the very important courts modernisation programme, particularly on the civil side, and builds on the work of Lord Briggs of Westbourne. I know that those involved in his review are most anxious that the remaining statutory underpinnings for the updating of procedure rules and other matters be introduced as a matter of urgency, and I urge her to do that as soon as the legislative timetable permits.

I think that the Bill strikes the right balance. I would take issue with the hon. Member for Bradford East over the suggestion that the judges, exercising their oath of office on the procedure rule committees, would allow themselves to be swayed by considerations of convenience or financial matters in deciding upon the appropriate scheme of delegation. There is not a shred of evidence in the history of our modern judiciary to suggest such a thing, and it does a disservice to the judiciary. We should trust the judges.

[Imran Hussain]

I want to make it absolutely clear that—as I am sure the hon. Gentleman, who is Chair of the Justice Committee, will accept—no one in the Opposition is challenging in any way, shape or form the good standing of the judiciary. The point, which has been made time and again, is that certain matters are within the remit of the procedure rule committees, but there are others that this House and the other place should have scrutiny of.

[Robert Neill]

I thank the hon. Gentleman for what he has said, and I entirely accept the intentions behind it. We will have to differ on the question where the line should be drawn between which decisions are appropriate for Parliament to decide and which are appropriate for the judiciary, but I am grateful for the sentiments that he has expressed, which I am sure have reassured us all.

I am happy to proceed on the basis of recent advice from senior judges who have been referred to in the debate and on the basis of what is in the Bill. It will make savings, and at this point perhaps I can put in a plug to the Minister. It might be appropriate, for example, to use that £6 million-plus to restore the funding for the Family Drug and Alcohol Court National Unit. I particularly regret that we have lost some of the emphasis on problem-solving courts following the loss of the Prisons and Courts Bill. Perhaps, given that we now have a unified planning court, we could also consider the Lord Flight’s suggestion in the other place for the establishment of a unified housing court.

Having made those suggestions for what might happen in future, I will end by saying that I welcome the Bill and will support it today.

Courts and Tribunals (Judiciary and Functions of Staff) Bill [Lords]

Imran Hussain Excerpts

2nd reading: House of Commons
Tuesday 27th November 2018 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I draw hon. Members’ attention to my entry in the Register of Members’ Financial Interests, and I start by acknowledging some of the excellent contributions from Members across the House. My hon. Friend the Member for Bristol West (Thangam Debbonaire) passionately made a plea, and a very important point, on the impact on some of the most deprived and how we should always mitigate that. The hon. Member for Bromley and Chislehurst (Robert Neill), the much respected Chair of the Justice Committee, made a very important point about the right to reconsideration, which I will come on to in greater depth.

[Robert Neill]

I am grateful to the hon. Gentleman for giving way, because it gives me the chance to do justice to his hon. Friend the hon. Member for Bolton South East (Yasmin Qureshi), and to remind the House of my entries in the Register of Members’ Financial Interests, which I should have done before. The hon. Lady and I had a minor debate about whether Lord Judge or Lord Marks quoted Joshua Rozenberg. We have now worked out between us that Lord Marks quoted him in a debate on this Bill, but that Lord Judge quoted him in a debate on another occasion—so they both quoted him, and he has been quoted twice here.

[Imran Hussain]

I am grateful to the Chair of the Justice Committee; he has saved me some time, because my hon. Friend the Member for Bolton South East (Yasmin Qureshi) asked me to clarify that matter in my speech.

I also acknowledge the contribution from the hon. Member for Henley (John Howell), who rightly made the point about a consistency in approach across the judiciary and did so very well. The hon. Member for Stoke-on-Trent South (Jack Brereton) spoke passionately about making our justice system the best in the world—which it already is, although we can improve it through further and better technology.

When the Government brought the Prisons and Courts Bill to the House, they declared an intention to reform our courts and judicial system. When that Bill fell because of the Prime Minister’s ill-fated decision to call a general election, they restated their intention for reform and brought this Bill before us. In opening the debate today, the Lord Chancellor spoke about court reform, new and innovative technology, and sweeping modernisation, yet the content of the Bill does not match his words. It is devoid of any substantial change that will encourage greater access to justice, and it wilfully omits—and even seeks to avoid—debate on the huge, pressing concerns present in our courts system. When seen in the wider context of the Government’s austerity agenda and cuts to the justice system, it seems to be less about reform and more about squeezing as much money as possible from the courts.

Even at first glance, this is a minimal, even empty, Bill—a view that is vindicated upon reading it in more detail. It contains provisions to extend the redeployment of judges, to rename some of the judiciary and to allow an increased use of the delegation of judicial functions to non-judicial staff. While all those measures have value, in no way do they capture all that is needed to reform our courts and judiciary. They are measures taken by a Government intent on introducing a drip-feed of legislation in the absence of their parliamentary majority, avoiding scrutiny. Not only have they omitted anything substantial, but they have drafted the Bill to avoid some of the most pressing issues facing the justice system. It makes no mention of measures to address legal aid cuts, court closures, judicial vacancies or the protection of domestic abuse victims. It is here where the real failures of reform lie.

On legal aid cuts, access to justice has been decimated. Spending has fallen by one third from £2.5 billion to £1.6 billion per year, and the number of civil legal aid cases has fallen from more than 500,000 in the year to April 2013 to just under 150,000 in the year to April 2017. Vulnerable people are being left unable to defend themselves in areas as fundamental as housing, employment, immigration and welfare benefits, and unnecessary costs are being created for the taxpayer as cases are going to court that could have been resolved earlier. Further costs for the public purse arising from cuts are causing issues such as poor health, homelessness and debt. When people lack the money or knowledge to enforce their rights, those rights are worth nothing more than the paper they are written on, yet the Bill fails to mention legal aid or the urgent need to reverse the changes imposed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

On court closures, the Bill is silent and has closed down discussion on this equally vital issue for people’s access to justice. It fails to address the significant £1 billion-plus courts reform programme that is being pushed through, as the Lord Chancellor stated earlier—but without any proper scrutiny. Since 2010, the courts and tribunals estate has changed significantly, with hundreds of courts having been closed in the name of austerity, and that has hampered people’s ability to access justice.

Many claimants and defendants must now travel miles to access justice and uphold their rights, the Government having closed their local courts, but many lack either the transport or the finances needed to do so and as a result have lost what should be their guaranteed right to justice. The Government argue that their modernisation programme reduces the need for an expansive courts estate, but we are clear that courts reform should increase access to justice, not ignore its erosion, and that any modernisation of our courts system must not be a smokescreen for cuts and closures that will cause long-term damage to access to justice.

As mentioned earlier, the Bill should have done much more to address the appalling situation of victims of domestic violence being subjected to questioning by those who assaulted them. Women’s Aid found that almost one in four of survey respondents had been cross-examined in this way. That unacceptable situation puts the victims of abuse through yet more torment and hardship, for no conceivable reason. It is cruel and barbaric. Measures to prevent it from happening and protect victims are supported by campaign groups on women’s rights and domestic violence, including Women’s Aid, but yet again such measures are absent from the Bill, despite having been in the Prisons and Courts Bill. There is no excuse for the Government’s not having included such measures in the Bill: that should shame them. I hope they can explain when such measures will be introduced to rectify the situation.

Where there is change, it is change that the Government have failed to impose with sufficient protection, and it is here that we will seek to amend the Bill. On a point of clarification, I should say that my hon. Friend the Member for Bolton South East did not mean to say earlier that we opposed the Bill: we will be abstaining today and tabling amendments in Committee. We are determined to deliver change and reform to the courts and judiciary, even if through the Government’s piecemeal efforts, but we are equally determined that it not be done at the expense of the judiciary, legal protections or judicial independence.

As the Government seek to delegate judicial functions to non-judicial staff, they must be careful of their use; they must not overuse non-judicial staff or use them as substitute judges to fill the significant number of judicial vacancies, which have risen to critical levels on their watch. Judges must absolutely remain at the top of their hierarchy in the courts, and their position must not be undermined by non-judicial staff assuming more and more of their functions. Granting further powers to non-judicial staff not only risks undermining the judiciary, but runs the even more dangerous risk of delegating serious judicial functions to unqualified staff.

It is important for the Bill to contain provisions that prevent excessive delegation, protect the reputation of the judiciary, and protect claimants, prosecutors and defendants from unqualified decisions. The Government ceded amendments to impose in primary legislation some restrictions on the type of judicial functions that authorised staff can discharge, but we need a strong further commitment; I hope that the Lord Chancellor and the Minister will strengthen their stance in that regard.

There are also insufficient protections for the expertise of our judiciary. Those would be provided through the imposition of a minimum standard on staff to whom decisions are delegated. The Government argue that authorised staff will not be making substantial decisions, but in his review of efficiency in criminal proceedings Sir Brian Leveson states that even non-contested elements of cases require experience, and Lord Briggs has said in his report that even if authorised staff are legally trained and qualified, they will not benefit from years of judicial experience in delivering the quality of services that is currently delivered by judges.

It is therefore extremely important that the decisions being delegated to authorised staff are appropriate to their experience and qualifications, as the prospect of non-qualified, inexperienced staff carrying out judicial functions is all too real and worrisome. When such staff make decisions, it is also vital for those decisions to be subject to a statutory right to judicial reconsideration.

The Government state in their factsheet that the functions and responsibilities delegated to authorised staff will be uncontested, but it is easy to see how that could shift in the future to authorised staff making contested decisions, particularly in the absence of a clear definition of what delegation can be given. Justice has said that some of the functions anticipated for authorised staff, such as extending time for service and taking pleas, may well give rise to contested matters and have consequences for cases. It is therefore essential for the Government to impose a statutory right to reconsideration for decisions taken by authorised staff—a view supported by the Bar Council. In not imposing such measures when the public have a real and reasonable expectation that significant contested decisions in a court will be made by a judge—or, if not, that there will at least be a right of appeal or review before a judge—the Government are also playing fast and loose with the public’s trust in the judiciary and the rule of law.

The Government may claim that the procedure rule committees could and would impose similar safeguards in any rules that they produce, but that is simply not good enough, given that their amendments fail to offer sufficient guarantees of a right of review. We think that, and so does the Bar Council, which believes that a further amendment is necessary to abate its concern that the Government could exert pressure on the PRCs to reduce the right of reconsideration to increase the turnover of cases and clear the backlog. We are adamant that any backlog must not be cleared through the removal of a fundamental legal right of reconsideration.

Let me end by confirming that we will abstain today, but look forward to the Government’s seriously considering our amendments in Committee. The Lord Chancellor opened the debate in a spirit of collaboration. I assure him that all our amendments are very reasonable, and I am sure that he is an amiable chap who will view them in the same light. If the Government want to deliver a worthwhile Bill, they must listen to these arguments, not throw them aside. They must consider them in Committee before returning the Bill to the House.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 9th October 2018 Commons Chamber

[Mr Gauke]

My hon. Friend, the Chairman of the Select Committee on Justice, raises an interesting point. The point I make to him is that we need to make sure that this system is working. There is scope for improvement, and, as I say, we have announced additional expenditure in this area, but he is right to say that this is not about who does it, but how it is done. There are steps we can take to improve it.

[Imran Hussain (Bradford East) (Lab)]

Prison officers play a vital role in equipping offenders for their release, including by helping them prepare for work or education on the outside. In his speech to the Tory party conference, the Justice Secretary committed to recruiting more prison officers to fill the huge gap created by his Government’s austerity cuts. So can he guarantee that by the end of this Parliament there will be the same number of frontline officers in our prisons as there were in 2010?

[Mr Gauke]

What I can guarantee is that we are increasing the numbers—they have gone up by 3,500 in the past two years. That is enabling us to implement a key worker strategy, so that prison officers have the ability to spend more time with prisoners and can build that personal relationship, providing the support and advice necessary. That is an important step forward and I am pleased we are able to do it.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 10th July 2018 Commons Chamber

[Edward Argar]

The hon. Gentleman is right to highlight that safety should be at the heart of everything we do in our custodial estate, be that for female prisoners, male prisoners or young offenders. That is safety for the prisoners, safety for their fellow prisoners and safety for the prison officers who are looking after them. It remains a priority for me.

[Imran Hussain (Bradford East) (Lab)]

The Government’s Advisory Board for Female Offenders identified £50 million that had been earmarked for building women’s prisons. Can the Minister guarantee today that all of that £50 million will be reinvested in the female offender strategy, or is this just another example of the Government’s refusal to properly fund that strategy?

[Edward Argar]

First, I pay tribute to the work of that panel and those on it. Although I have not yet had the opportunity to formally chair a meeting of the panel, I met a number of panel members at an informal meeting. The Ministry and this Government have never put a figure on the prison building programme. That is not a figure that I recognise. We have been very clear that our priority is investing in the strategy that the Secretary of State launched. We have already set out £5 million for that and made it clear that it is only the first step.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 5th June 2018 Commons Chamber

[Rory Stewart]

The right hon. Gentleman is a very experienced predecessor in my job. Clearly there is a strong correlation with these new psychoactive substances; it is difficult otherwise to account for the huge rise in violence. The substances seem to drive both self-harming behaviour and extreme violent behaviour. I will give a written answer on exactly when we will fulfil the body-worn camera programme.

[Imran Hussain (Bradford East) (Lab)]

The Minister can dress it up however he wants, but the bottom line is that cutting 7,000 frontline prison officers between 2010 and 2016 has caused prison safety to plummet. Will he tell the House how many more officers are needed to end this emergency in our prisons and when he will recruit them by?

[Rory Stewart]

This is a very good challenge. Numbers are clearly one of the issues, but there are others, such as psychoactive substances, which have been mentioned. That is why we have recruited an extra 2,500 prison officers. We believe that that gives us the right numbers, because it allows us to have one prison officer for six prisoners to run our keyworker scheme. We see already in key prisons that that is beginning to have a real impact on violence.

--- Later in debate ---

[Mr Gauke]

We do want to encourage employers to get into prisons to work with prisoners before they are released. It is important that there is not a huge cliff edge from being in prison to then being released. We need to look at the best ways in which we can do that.

[Imran Hussain (Bradford East) (Lab)]

We welcome the Government’s emphasis on education and employment skills, as they are the best route out of poverty and the cycle of reoffending, but when the Secretary of State made the announcement, he forgot that he had scrapped the National Careers Service in prisons, and presented an employment strategy that omitted to mention the provision of employment and careers advice. Why was that absent from the strategy?

[Mr Gauke]

I welcome the Opposition’s support for our focus on education and employment, but may I say to the House that Dame Sally Coates noted in her 2016 review of prison education that the National Careers Service was delivering a service in an increasingly crowded environment, with multiple employment advice and support services operating in custody and through the gate? That was why the decision was made to reform this area. It is right that we do so, but I am determined to ensure that we provide the right support to prisoners so that they can get a job when they are released.

Prisons (Interference with Wireless Telegraphy) Bill

Imran Hussain Excerpts

Committee Debate: 1st sitting: House of Commons
Wednesday 9th May 2018 Public Bill Committees

[Andrew Selous (South West Bedfordshire) (Con)]

I will not detain the Committee long, but I want to add my wholehearted support to my hon. Friend in introducing this important Bill. Having had the privilege of being the Minister responsible for prisons, probation and rehabilitation for two years, I am particularly aware of how necessary these provisions are.

We very much want prisoners to use telephones legitimately, and to stay in touch with their families and children in the approved manner and under the control of the prison authorities. That is a good thing that we want to encourage, and nothing in the Bill will prevent that. However, we must also be aware that prisoners have used mobile phones to carry on a life of crime in a truly shocking and appalling way, to the extent that they may as well not even have been in prison. Murders have been arranged and organised from within prisons, and drugs rings and even arms importation schemes have carried on because prisoners have had the use of illegal mobile phones.

There is also the issue of the intimidation of victims by perpetrators who have been sent to prison. When someone has been sent to prison, at least for that period of time the victim should not be afraid of being confronted by the person who attacked or raped them or whatever. Such intimidation is truly shocking, and the Bill will go a long way towards preventing it.

I remember that there are some prisons—HMP Brixton, for example—where people live right next to the prison wall. If memory serves me right, HMP Cardiff is another example of a built-up area where people live right next to the prison. In the past, mobile phone companies were obviously wary about that, and Members of Parliament would not want their constituents who live lawfully next to a prison to have their mobile phone usage interfered with. I believe the Ministry of Justice and my hon. Friend the Member for Lewes have come up with a solution that means that that will not be a problem, and that we will not affect the legal use of mobile phones by law-abiding constituents who happen to live next to but outside a prison. Perhaps my hon. Friend or the Minister will provide clarification on that point.

I offer my wholehearted support to this important Bill. We want phones to be used to help prisoners stay in touch with their families, because we know that that aids rehabilitation and helps to reduce crime, which is a good thing. However, phones are absolutely not to be used for ongoing criminal purposes, and that is why I support the Bill so strongly.

[Imran Hussain (Bradford East) (Lab)]

I start by thanking the hon. Member for Lewes for bringing in this important Bill. I will not rehearse many of the points that other hon. Members have made, but I put on record that the Opposition have supported the Bill’s passage through Parliament and continue to support it. We think it is rather unfortunate that this change has to be made via a private Member’s Bill—it should have been forthcoming from the Government—and equally we must put on record that it is not a silver bullet that will resolve the issues in our prison system. I look forward to the Minister’s coming back with a more substantial plan for reform, but in essence, this Bill strengthens the 2012 Act, which we support.

[The Minister of State, Ministry of Justice (Rory Stewart)]

It is a great pleasure to serve under your chairmanship, Mrs Moon. My hon. Friend the Member for Lewes has very powerfully explained the legal necessity for the Bill and exactly how it will work in law. My hon. Friend the Member for South West Bedfordshire, my distinguished predecessor, has pointed out some of the challenges in balancing the need of prisoners to remain in contact with their families and retain a connection to broader society with the dangers posed by illegal phones. The hon. Member for Bradford East has pointed out that, of course, the Bill is just one element in what must be a much bigger strategy. As he says, it is not a silver bullet on its own.

We face an interesting and tricky problem. Those who remember reading “The Man in the Iron Mask” will remember that in 17th century France the only way of communicating out of a prison was to throw a silver plate, with some words scratched on it, out of the window. Today the prison walls are, in some senses, not really walls in the way they were in the 17th century. Modern mobile communication allows criminals, in the worst situations, to continue criminal activities from within those walls, to threaten or abuse people, to harass partners who do not wish to be harassed, or in the most dramatic cases, as my hon. Friend the Member for South West Bedfordshire pointed out, even to organise drug importations or contract killings from a prison.

Dealing with that has been difficult for the Department, because there are very strong human rights protections in article 8 of the European convention on human rights around the right to a private life, which protect citizens’ rights to communication and prevent interference with communication. Ofcom polices that very strictly. Therefore there were two legal issues that needed to be dealt with. The first was whether a private prison governor could be exempt from the article 8 restrictions and the Ofcom regulations on interference. The Crown is usually exempt, but the question was whether a private prison governor could be exempt. That was largely dealt with in 2012.

Secondly, there was the question of instructing the mobile phone companies to work with the Government on interfering with communications out of a prison. The reason why that is important, as my hon. Friend pointed out, is that without the co-operation of the mobile telephone companies, we would get into a very strange war where we would end up broadcasting signals aggressively against those companies, which could potentially compromise the mobile phone signals of other citizens going about their normal life outside the prison walls.

This law will give much more certainty to the mobile phone companies and governors that there is proper, legal, proportionate and reasonable interference with illegal communication. However, we must bear in mind that we are now pushing ahead with in-cell telephony, which will allow controlled legal conversations between prisoners and their families. All of that is vital, because we face a big problem of violence and crime in prisons and driven from prisons. Tapping the almost 10,000 mobile phones that were seized in a single year and interfering with their ability to communicate is not a silver bullet, but it should help to make prisons a safer and more orderly place in which we can begin to address some of the underlying drivers of violence and crime.

I conclude with great thanks to my hon. Friend the Member for Lewes for bringing forward a very useful, practical step toward improving our prisons.

Prisons (Interference with Wireless Telegraphy) Bill (Money)

Imran Hussain Excerpts

Money resolution: House of Commons
Tuesday 1st May 2018 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I shall not be opposing the motion. As the hon. Member for Lewes (Maria Caulfield) and the Minister know, the Opposition did not oppose the Bill on Second Reading. However, we do challenge the careless attitude that the Government have displayed towards it and wider issues of prison reform. Prisons are in a worse condition now than they were under the Victorians. They are home to a dangerous level of violence and abuse, and are in nothing less than a state of emergency.

The Bill received its Second Reading on 1 December last year—it had cross-party support and passed without a vote—and Members on both sides of the House recognised the need to take steps on its explicit purpose of degrading prisoners’ ability to use mobile phones in prison. They also recognised the importance of its underlying purpose of restricting the supply of drugs to prisons and tackling the growing violence within them. Yet it is only now, five months later, that a money resolution is being considered.

We might be dealing with a private Member’s Bill, but if the Government were serious about tackling the use of mobile phones, and the supply of drugs and the dangers they pose, they would be acting quicker. They should be bringing these measures to the House in a Bill of their own, not relying on Back Benchers or delaying the Bill, thereby putting the safety of prisoners and prison staff at risk. The Government control time in the House, so there is no reason for delay when they have support. What has taken the Minister so long to reach the point at which the Bill can go into Committee? The Labour party is anxious to get on with reform because every delayed day is another day of violence. Will the Minister assure us now that there will be no undue delays, and tell us whether he has plans for a broader reform Bill?

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 24th April 2018 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I am astonished that the Secretary of State can come here and appear somewhat triumphant. Let us be absolutely clear: this Government cut 7,000 prisoner officers, so there are still 4,000 fewer than there were in 2010. When does he expect prison staff numbers to return to 2010 levels?

[Mr Gauke]

I suspect that you, Mr Speaker, would stop me if we started a debate on the state of the public finances in 2010 and the difficult decisions that had to be taken as a result of the situation we inherited. The reality is that since October 2016 we have been recruiting more prison officers, we are ahead of what we said we would do and we are continuing to recruit prison officers. That is really important to ensure that prisons operate as they should.

Oral Answers to Questions

Imran Hussain Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

The hon. Gentleman is a Nottingham Member, and I had a very interesting meeting with the CRC last week on my visit to Nottingham Prison, where the CRC is providing very good Through The Gate services—in fact, services for prisoners in prison that did not exist before the transformation reforms. Before, they were outside the prisons. I do not believe this is a question whether it is done by the private sector, the public sector or the voluntary sector, but it is a question of getting the basic standards right. As I say, that is exactly what we will be assessing the London CRC on on Thursday.

[Imran Hussain (Bradford East) (Lab)]

Putting it bluntly, probation privatisation has been a disaster. Despite that, the Government are still pursuing their privatisation agenda. Last week, the Government outsourced night staff in probation hostels. Given that those hostels house some of the most dangerous ex-offenders, will the Minister accept full responsibility for any impact on public safety resulting from that ideological outsourcing?

[Rory Stewart]

The shadow Minister refers to a decision by the National Probation Service—which is a Government- run service, so it is not a CRC service—to bring in additional contracted staff to provide double night duty in the hostels. That has been done because it is not work that is traditionally done by trained probation officers, but by contracted staff. Of course I will accept full responsibility for that decision.

Private Probation Services

Imran Hussain Excerpts

Tuesday 27th February 2018 Westminster Hall

[Imran Hussain (Bradford East) (Lab)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. I begin by joining other hon. Members in congratulating my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) on securing this debate. Hon. Members are absolutely right that this issue does not get the airtime that it deserves. It needs discussion. My hon. Friend made a powerful speech, comprehensively setting out the factual background to the formation of the community rehabilitation companies and setting out the failures with great clarity, as did many other hon. Members. I thank all hon. Members who have taken part in this important debate.

It is clear from listening to the contributions that—let us be clear and frank—the state of probation is dire. Although there were problems back in 2015, probation never used to look like this. The Government’s ill-fated reform agenda, “Transforming Rehabilitation”, has been nothing short of a failure. It has failed offender rehabilitation, with many left ill-equipped for life on the outside. It has failed prison officers and governors, who are seeing their prisons pushed to breaking point by overcrowding, and it has failed the public, who are bearing the financial and safety brunt of the failures. The only group that it has not failed, as has quite rightly been pointed out, are the private companies that are lining their pockets.

When reforming probation, the Government had the opportunity to make things better, transform rehabilitation, improve the prospects of offenders and slash reoffending, which is costing the country £15 billion a year. What they delivered was not so much transforming rehabilitation as privatising rehabilitation, weakening rehabilitation and ultimately destroying rehabilitation. By almost every metric and every means by which to measure its effectiveness and its success, it has failed, and some aspects have failed spectacularly.

Hon. Members have quite rightly mentioned the failures of the Through the Gate services, which have been a complete disaster. In 2015, the then Prisons Minister stated that those services would provide

“support to offenders for accommodation needs, employment brokerage and retention, finance and debt advice”.

I have seen very little evidence that that support is being provided and no sign of real, joined-up services to support offender rehabilitation.

The HMIP report and its conclusions on Through the Gate services have been referred to. What it found was startling, particularly in the areas of support the Ministry of Justice identified. Of its sample of short-term prisoners, just 31% had sufficient work done with them to meet their accommodation needs, just 33% their education and training needs, and just 12% their finance, benefit and debt advice needs. Some 10% of the sample found themselves homeless on release. Another report by HMIP found, quite worryingly, that not one offender had been helped by Through the Gate services to enter education, training or employment after release.

[Siobhain McDonagh (in the Chair)]

Order. For the benefit of the Chair and for Hansard, it might be better if the shadow Minister swivelled round a little and spoke into the microphone.

[Imran Hussain]

My apologies, Ms McDonagh. End-to-end offender management is vital to stop reoffending, and HMIP has set out a minimum level of requirements for resettlement. However, it is clear that Through the Gate services, when provided by private probation companies, cannot deliver. They cannot support offender rehabilitation and they cannot prepare them for life on the outside after release. It is that inability to support offenders that ensures that a privatised probation system can do nothing to stop reoffending.

Currently, around two in three prisoners serving sentences of less than 12 months reoffend. One in three prisoners on longer sentences reoffend. Stopping reoffending is the very core of a probation company’s goal. It is its purpose, yet 19 out of 21 private probation companies have seen an increase in reoffending because they are treating probation not as an important service but as a box-ticking exercise. There is little to no meaningful engagement, with supervision of offenders taking place over the phone, as has been pointed out. If they do meet face-to-face, it is sometimes in a very public space with no privacy, such as in a library.

The MOJ stated that the “Transforming Rehabilitation” programme would allow providers to focus relentlessly on driving down reoffending, but that has clearly not happened, as if they are not properly supported, offenders cannot be helped in not reoffending. That does not just impact on offender rehabilitation. It has knock-on effects for prisons, as those reoffending are sent back to an overcrowded prison system, which in 2015-16 saw, on average, almost 21,000 prisoners held in overcrowded accommodation. That in turn affects prison safety, as fewer prison officers are dealing with more prisoners. The rampant and increasing violence we are seeing in prisons is just one by-product of overcrowding, putting prison officers and prisoner safety at risk.

Probation failures are not just failing those criminal justice professionals by putting their safety at risk; they are failing the judicial system, which finds itself with fewer options for sentencing. An independent judiciary that can use its discretion to a degree is an important pillar of justice, but as there is increasing distrust of CRCs to deliver community sentences, it finds itself with fewer options.

However far removed all this might be perceived to be from many people’s lives, with many of them never having an interaction with prison and probation services, the Government’s changes to probation have also failed the public. People expect safety and security in the knowledge that we have a criminal justice system that works; they expect judges to have a range of options open to them; they expect offenders to be punished when they go to prison; to be rehabilitated while there; and to be released back into the community as changed persons ready to contribute to society. But prison is not working, with increasing violence and persistent overcrowding, and neither is probation. Offenders are released back into communities without proper reform, as we see from the failure of Through the Gate services, and without proper supervision, as we see with private probation companies supervising them by phone.

The decision to privatise night-waking watch staff and replace them with minimum-wage staff at probation hostels, which house the most dangerous ex-offenders, further threatens safety and shows that the Government have not learned the lessons from privatising justice. Two people have been killed at probation hostels in the past year. The cost of reoffending totals about £15 billion a year, according to the Work and Pensions Committee. The public are footing the bill for overcrowding and reoffending, and their safety is being compromised.

The Government’s probation privatisation is failing offender rehabilitation, criminal justice professionals and the public, but not private companies, which, in fact, have quite a comfortable life. They have taken on contracts over which the MOJ has little oversight. They have failed in their goal of reducing reoffending, and there have been numerous critical reports from the probation inspector, yet no sanctions have been applied to them. If any other organisation failed in its objectives, its contracts would be wound up, so why not probation companies? They have not received the financial benefits they expected, but all they have to do is cry about falling profits and the Government bail them out. Some £22 million was handed over before any changes were made. No questions were asked, and there was no scrutiny of the private probation companies to prevent future failings. Instead, the Government changed the contracts afterwards to make things easier. The private probation companies are getting away with failure and are frankly being rewarded for it.

The creation of private probation companies has been a disaster, and the reform of probation has been an extraordinary failure. The companies have let down everyone they have come across and are not fit for purpose. I have a number of questions for the Minister. He and I have worked together on other policy areas, and I know that he is quite an amiable, reasonable chap. He has the opportunity today to really listen, to address this issue and to start afresh. Nobody will accept that the privatisation of probation has not been a failure.

My asks of the Minister are these. Will he accept that Through the Gate services have failed, and will he put in place changes in conjunction with other Departments to deliver joined-up services so that offenders are given every opportunity to be rehabilitated on release? What is the contingency plan in the event of the collapse of Interserve, which, as I am sure he will agree, is increasingly likely? Has his Department learned lessons from this disaster, and will it keep people safe by abandoning its plans to privatise the night-waking watch in probation hostels? Finally, will he accept that transforming rehabilitation has been a failure, and will he commit to take probation back in-house to deliver a probation service that works for offender rehabilitation, the criminal justice system and the public, not for private, profit-making companies?