Psychoactive Substances Bill [Lords]

James Berry Excerpts

Wednesday 20th January 2016 Commons Chamber

I am very conscious that you have set us a timescale, Madam Deputy Speaker, and I will keep to it. This is my last point. The shadow Minister said that although it is good to have the legislation, people can still purchase drugs, legal highs and the like online. Many of us feel that the legislation will be strong, which is exactly what we want, and I thank the Government for that. What my constituents and people from across the whole of Northern Ireland want is to ensure that local councils and police can stop the manufacture and sale of such products.

[James Berry (Kingston and Surbiton) (Con)]

Is the hon. Gentleman aware that in Ireland, after the introduction of legislation very similar to the Bill, not only did every one of the 102 head shops close, but no Irish domain websites now sell such substances? We obviously hope that there will be the same effect in England and Wales.

[Jim Shannon]

I mentioned the closure of the head shops, which is really good news—good stuff. I also referred to the detective sergeant in the Drugs and Organised Crime Bureau. He outlined an issue that the Irish are now trying to address. It is good to be able to refer to other examples of hard and fast legislative change to address such issues. In the Republic of Ireland, they have been partially successful in relation to online sales—they are almost there—but we must also do that.

I commend the Minister and the Government on what they have introduced. This is the sort of legislation that I and my constituents, as well as people from across the whole of Northern Ireland, want. I look forward to supporting the Minister when it comes to a vote—if it comes to a vote.

Safer Neighbourhood Policing: London

James Berry Excerpts

Tuesday 5th January 2016 Westminster Hall

[Ms Buck]

I hope that my hon. Friend is able to catch your eye, Mr Evans, and to develop that theme, because it is a real concern. I suspect that he will also want to discuss the theme of leadership that I am developing. Borough leadership is important, but neighbourhood leadership, which was defined for neighbourhood policing team purposes as being ward-based, is also important. Relationships do not happen by themselves; they happen because people in leadership roles are equipped and skilled to build them.

We have already seen a dramatic reduction in police numbers. Underneath that and within a reduced total, we then saw a reclassification of what a neighbourhood police officer is. We have also seen a fundamental dilution of the original model of ward-based safer neighbourhood policing. The combined impact of that led the MOPAC review of the local policing model to conclude that the

“visibility of officers within neighbourhoods remains an issue raised by communities and key stakeholders”.

Well, it can say that again. As Commissioner Hogan-Howe told the GLA:

“The irony was…that we put more officers into neighbourhoods but people saw fewer people dedicated to their area.”

That is central to the point, and it happened because additional duties were given to safer neighbourhood police officers under the LPM. The MOPAC review states:

“Although the LPM has allocated… additional police officers to”—

the new definition of—

“Neighbourhood Policing, with a greater ability to flex resources, to realise the crime and ASB reduction, and respond effectively to community concerns, it has at the same time allocated additional functionality previously undertaken elsewhere.”

The review continues:

“There are a number of functions within the neighbourhood policing strand of the LPM which are required but which impact on the opportunities for officers to be visible within the…MPS Neighbourhoods.”

Those functions included the investigation of neighbourhood crime, appointment cars, e-graded calls, hospital guards, crime scene management, custody constant watches, and aid, all of which were not previously undertaken by neighbourhood police teams.

Since that initial review was carried out, I am aware that some areas of additional functionality have been moved back to response teams, which has had a marginal impact, but additional functionality still remains a problem. We need only to talk, as I am sure all my hon. Friends here are doing, to local police teams to hear why they are unable to undertake the visibility policing or the relationship building and community work that they used to do. It is because they have additional policing duties to undertake.

The other critical change that took place under the LPM was to aid. One of the most important strengths of the SNT model was its ring-fencing, but the abstraction of staff from neighbourhood teams to other duties is now a constant element. According to MOPAC, neighbourhood officers undertook some 102,000 hours of aid over the 12-month period prior to the review. Assembly Member Andrew Dismore, the former Member for Hendon, obtained figures for the two boroughs that he represents. In just three months over last summer, Camden lost a total of 1,293 officer shifts to other boroughs, averaging 99 shifts a week, and Barnet lost a total of 951 officer shifts, averaging 73 shifts a week. I can also speak from local experience: I will not name the ward because I do not want to get the officers in trouble, but when trying to solve neighbourhood problems and talking to the police about dedicating some resources to help, I have been told:

“No joy this weekend as I was on my own. I had planned to be with 3 other PCs but they got put on AID at short notice.”

That is a regular refrain. Problem-solving work is often taken away.

[James Berry (Kingston and Surbiton) (Con)]

Is the hon. Lady aware that the National Audit Office has produced a report highlighting that several police forces are not actually aware of the demand on their service and that replicating a model across every ward in London may not be the best way to carry out policing? It also states that if a local authority wants to continue with the model to which she refers, they are able to purchase extra police officers from the Mayor of London and avail themselves of the buy-one-get-one-free offer, which we have done in Kingston town centre to tackle crime and antisocial behaviour.

[Ms Buck]

I have a terribly old-fashioned attitude: the police should police and the local authorities should run libraries and children’s and other such services. I am struck by the fact that a few weeks ago in Westminster the leader of the council said at a staff conference that the local authority was on the path of having its total funding reduced from £390 million to £90 million over the course of the two spending review periods, so I am afraid that it is facile to say that the local authorities, which are being slashed to ribbons, are the ones to take on additional policing roles.

Aid has increased and the continuity of relationships built up by neighbourhood policing teams has been undermined. The impact, according to the MOPAC review, has been that public awareness of police visibility in London has faltered; the neighbourhood confidence comparator shows that over the previous year, on average, it has reduced from an already low 53% to 51%. MOPAC challenged the Met to increase public confidence in the police by 20%, but levels remain broadly unchanged from the March 2012 baseline. The Mayor also set a target for public confidence in the police of 75%, but it is 67%. A review into safer neighbourhood boards by the London Assembly police and crime committee received evidence from those SNBs that some police safer neighbourhood ward panels were meeting infrequently or not at all, so the community relationship was not being sustained evenly simply because the police were unable to find the resources to continue their work. I have found, as I am sure colleagues have, that concerns have bubbled up in the neighbourhoods about the kind of problem-solving work that safer neighbourhood police were so good at doing.

I want to make a few remarks about three particular areas that reflect our priorities at the moment, the first being counter-terrorism. In particular since Paris, we are acutely aware of the critical importance of counter-terrorism work. We should all pay tribute, as I do in heartfelt manner, to the work of the intelligence and security services in keeping us safe. In that context too, however, the local knowledge and relationships built up by neighbourhood policing are absolutely irreplaceable. I can state with certainty that the local officers I know knew exactly who the families and where the areas to focus on were. Such officers were a source of information on and of trust in the police in the community, vital not only to help counter-terrorism work, but in reassurance and community confidence building. Immediately after Paris we, the police teams and the local authority were called together by our excellent borough commander in Westminster, Peter Ayling, to talk about exactly that—higher visibility for our neighbourhood police teams in London in order to reassure our communities.

The second area is hate crime, of which sadly there is soaring incidence in the aftermath of Paris. It has also increased over the course of the past two years, notably anti-Semitic hate crime given a couple of flashpoints, as well as the spike in Islamophobia after Paris. Again, the relationships built by our neighbourhood police with our mosques, churches and synagogues are irreplaceable. Such efforts need to be well led.

The third area is serious youth violence: last year 19 teenagers were killed, which sadly is a dramatic increase on the figure for 2014 and the highest figure for seven years. According to Scotland Yard, nearly 20% of all murders in London now have gang associations. Trident, as with our security services, is a critical specialist service, but I can also state from personal experience that the knowledge built up by my safer neighbourhood team sergeants on gang membership or the risk of that is totally irreplaceable, as are their relationships and their work on the ground, often directly with troubled young individuals. If we are to make serious progress in tackling serious youth violence and gang violence, we have to review urgently what has been done to our local teams.

I am delighted to see that others are present to speak. In conclusion, I want to reinforce the fact that our model of safer neighbourhood policing is not now what it was originally envisaged to be. It was always intended to be at the core of policing. I had a number of enhanced teams in my most deprived areas, I am pleased to say, but the model was never only about total resource, but about leadership—for community relationship building, networking, developing local knowledge and providing continuity. That has been diluted, the model has been changed and we have lost the previous safer neighbourhood model. I am relieved that we do not face further cuts to or the loss of our PCSOs, but I hope that the local commander, MOPAC and the Minister will hear a plea from the Opposition: we need to return to the core of a ward-based and, ideally, sergeant-led neighbourhood police team to restore public confidence in community policing, which was so valuable and hard won and is in danger of being lost.

West London Coroner’s Court

James Berry Excerpts

Wednesday 16th December 2015 Westminster Hall

[James Berry (Kingston and Surbiton) (Con)]

I beg to move,

That this House has considered standards of service at West London Coroner’s Court.

It is a pleasure to serve under your chairmanship, Sir Roger, and to see so many colleagues here who have been so vocal on this important issue for their constituents and mine. Two years ago tomorrow, my father died unexpectedly. It was a devastating experience for my family, as death is for every family, but the seamless service from the local council and the coroner made the whole experience just that bit more bearable. Although the registration process itself was clinical, because it was efficient it did not compound our distress as a family. Sadly, the same cannot be said for the experiences of many bereaved relatives of those living in Kingston, Richmond, Hounslow, Ealing, Hillingdon, and Hammersmith and Fulham, which are the boroughs that comprise the jurisdiction of West London coroner’s court.

Since I was elected in May, I have received numerous complaints about the standards of service at West London coroner’s court and about the senior coroner there. Those complaints come not only from bereaved constituents, but from the council itself and, indeed, from our local newspaper, the Surrey Comet. The complaints include: long delays in issuing death certificates; inordinate delays in bringing on inquests; a telephone service that is never answered when relatives call for advice; crass errors on death certificates, such as getting the age or sex of the deceased wrong; and general rudeness to boot.

It is important to note at the outset—I note your guidance, Sir Roger—that I do not intend to criticise the senior coroner personally, because I know that there is a complaint against him by a number of councils, and that that is under investigation. I would not want to impede that investigation, but there are three issues that I would like to consider in some detail: delays, burials for certain faiths, and deprivation of liberty safeguards.

West London coroner’s court has one of the worst records for delays in the country. It takes almost double the national average time to process inquests. The delays are a shocking abrogation of the state’s responsibility to bereaved families, including those in my constituency. The estimated average time taken to process an inquest in England in 2014 was 28 weeks—a figure that has been effectively stable over the past five years. However, in west London and in inner south London, the average time taken to process an inquest is 50 to 53 weeks. The figure of 53 weeks is the worst in the country. In West London coroner’s court, the figure is 50 weeks—the second worst in the country.

In my borough, Kingston upon Thames, the target for registering a death is five days from the date of death, or seven days in a case where a post mortem is required. In 2013-14—the period during which the coroner was appointed, as he was appointed in November 2013—Kingston was meeting that target in 70% of cases. In this year, 2015-16, if we continue on the current trajectory, Kingston Council will meet its target in only 11% of cases, and that is because of delays at West London coroner’s court.

In terms of post mortems, prior to the appointment of the current senior coroner in November 2013, the waiting time in Kingston from a death to a post mortem was two to five days, yet between June and September 2015, the average waiting time was four to six weeks. I understand that the situation has since improved somewhat. Those statistics speak for themselves and do not need labouring, so I will return to the bereaved families who are at the heart of the debate.

For most people, an inquest is a new and somewhat unsettling experience at a very vulnerable time in their life. In most cases, bereaved relatives simply want to bury their dead as soon as possible. In a small number of cases, they want answers or an inquest is required by law, but in all cases, they want to have the system explained to them, and to be kept informed of the reason for and the length of any delays.

Ronke Phillips from “ITV News London” has done a lot of work exposing the problems at West London coroner’s court. In October, ITV London brought a number of families affected by services at West London coroner’s court to Parliament to speak to their MPs, a number of whom are here today. The accounts those families gave of the distress they had been caused were quite moving. There were unexplained delays, no updates, and a telephone service that was never answered and turned out not to be manned at all.

[Mr Dominic Grieve (Beaconsfield) (Con)]

I am sorry to interrupt my hon. Friend’s flow, but I do not want to take up the House’s time by making a speech. He highlights some of the issues very well. My constituent, Mrs Doreen Garcia, had what was essentially a completely straightforward issue in relation to her husband’s death. She needed to get a death certificate because it was essential for the administration of the estate, yet she had to wait more than a year for an inquest that, in the end, was a hearing on the papers because of the complete inefficiency of West London coroner’s court.

[James Berry]

That experience is by no means unique. In terms of the telephone service, when I called up on behalf of a constituent very early on in my role as a new MP, I had to wait on the telephone for more than 45 minutes, and then it became clear that the call was never going to be answered. Frankly, that plumbs the depth of poor service for bereaved families. As I understand it, the senior coroner’s position is that he inherited a backlog from his predecessor in 2013. Be that as it may, he has not cleared that backlog since November 2013, and has compounded the situation with an ill-conceived staff reorganisation and shocking failures to communicate with bereaved families.

[Dr Tania Mathias (Twickenham) (Con)]

On the point about the attitude towards bereaved families, I would like to put on the record that twice I have had people in tears in my constituency surgery over inaccuracies on post mortem certificates, as my hon. Friend the Member for Kingston and Surbiton (James Berry) described. It is extremely distressing for MPs not to be able to improve the situation. I absolutely agree with everything he said.

[James Berry]

Finally on the delays at West London coroner’s court, it would be easy to blame the situation on cuts, but they are not to blame. I wrote to the chief executive of Hammersmith and Fulham Council, which is responsible for funding the coroner service in west London. He made it clear that although the council has had to make cuts to various areas, the coroner service has been protected from those cuts. The responsibility for sorting out this shambles lays squarely with the senior coroner for west London. He needs to get his house in order for the sake of bereaved families living across the boroughs represented here.

[Andy Slaughter (Hammersmith) (Lab)]

I am grateful for the comment that the hon. Gentleman just made. I have been copied into the letter that he received from the chief executive of Hammersmith and Fulham Council, dated yesterday, which points that out. I am sure it was done in good faith, but on the hon. Gentleman’s website, he has said that the situation could be the council’s fault. I hope that he will correct that. One of the issues that we will deal with is putting blame for this matter where it lies.

[James Berry]

I do not intend to go into the technicalities of the Coroners and Justice Act 2009, but it is a matter of interpretation as to whether the local council or the police are responsible for providing administrative staff. However, the council is quite clear that there have been no cuts to the funding that it believes it ought to be providing.

Moving on to the subject of religious burials, Jewish and Muslim families have to bury their dead in a matter of days, and the pressure on those doing so is compounded by the situation at West London coroner’s court. I need not say any more about that, because I can simply welcome the Minister’s recent announcement of a review into the interaction that some faiths have with the coroner service across the whole country. I simply observe that in diverse communities, such as those served by the West London coroner’s court and by MPs here, a reliable out-of-hours process for death certificates that are required over the weekend would seem to be the most sensible way forward.

The third point I would like to make is on the matter of national application—the requirement to hold an inquest when someone dies while subject to deprivation of liberty safeguards. Section 1 of the Coroners and Justice Act 2009 requires that a coroner holds an inquest in certain defined circumstances such as a death in state detention, or a violent or unnatural death. In other cases, the coroner has discretion as to whether to open an inquest, depending on the facts.

Since the Mental Capacity Act 2005 came into force, the definition of whether someone is detained or deprived of their liberty has been tested in the courts on numerous times. In March 2014, the Court of Appeal considered the cases of P v. Cheshire West and Cheshire Council, and P and Q v. Surrey County Council. In those cases, the Court of Appeal gave a very broad definition of deprivation of liberty. The result of that decision has been that authorisations now have to be sought for deprivation of liberty in many more cases than they used to. That includes most cases where a person suffering from dementia lives in a care home and would be prevented from leaving if they attempted to. An inquest must be held in each of those cases because the individual is deemed to be in state detention. In my constituency, we have a nursing home in which 90% of the residents are subject to the deprivation of liberty safeguards. On the current interpretation of the law, there would have to be an inquest into each and every one of those individuals’ death, even if they died entirely predictably in their sleep.

I am not saying that there should be no inquests at all into deaths where the deceased is subject to the deprivation of liberty safeguards—far from it. I am arguing that inquests should be opened at the coroner’s discretion; they should not be mandatory. It was certainly not the intention of this House in passing the Coroners and Justice Act or the Mental Capacity Act to mandate an inquest in every case in which the deprivation of liberty safeguards apply, nor was it the Court of Appeal’s intention in the P and Q cases, so far as I can work out; the issue was not canvassed before the Court at all because the case did not concern inquests.

In support of my point, the Chief Coroner of England and Wales highlighted the problem in his 2014 annual report to the Government, and highlighted the massive increase in the number of deprivation of liberty safeguards from 11,300 in 2013-14 to some 83,000 in the first three quarters of 2014-15, which will inevitably lead to a huge number of additional inquests. I ask the Minister to find legislative time, as a matter of real priority, to exempt people who die while they are subject to deprivation of liberty safeguards from the mandatory requirement to hold an inquest. That change would reduce the pressure that is building on coroners across the country. It would help, but by no means resolve, the problems at the West London coroner’s court, to which I return in closing. It is clear that something must be done to improve the terrible standards of service in that coroner’s court.

[Boris Johnson (Uxbridge and South Ruislip) (Con)]

I congratulate my hon. Friend on securing this debate and on what he is saying. In the few months that I have been back in this House, I have received an amazing volume of complaints about the West London coroner’s court. Can the issues regarding the role of the West London coroner be properly remedied by the Chief Coroner, or should there be a formal investigation by the Ministry of Justice? We need to get to the bottom of what is going on.

[James Berry]

That encapsulates the sentiment of many MPs on this subject. I am pleased to have received reports that the telephone service at West London coroner’s court has improved—that has been confirmed by the leader of Hammersmith and Fulham Council—but the inordinate delays in issuing interim and final death certificates and in bringing on inquests must be addressed now. If that means sitting at the weekend, as judges did after the riots, or if it means appointing additional assistant coroners to help clear the backlog, so be it. By whatever means, the senior coroner, for the sake of bereaved families in our constituencies, must get a grip of the situation now.

Criminal Cases Review Commission (Information) Bill

James Berry Excerpts

Friday 4th December 2015 Commons Chamber

[James Berry (Kingston and Surbiton) (Con)]

The rule of law is the bedrock of our society. Relied on at home and aspired to abroad, it is one of the things that defines what it is to live in this great country: to be free under the law. But even in the UK the rule of law can be undermined, and the principal way in which that can happen is through miscarriages of justice. The most famous among them trip off the tongue of any student of criminal law: the Guildford Four, the Birmingham Six, the Maguire Seven and Judith Ward. It is inevitable in a justice system that relies on humans—police officers, prosecutors, judges and juries—that human error and improper motive will creep in. Thankfully, that is rare, but the risk cannot be eliminated in every case.

We maintain the integrity of the justice system as a whole by having a robust system for dealing with miscarriages of justice. There can be no doubt that our Criminal Cases Review Commission does vital work, but it needs tools to do its job, key among which is the power to obtain disclosure. Under section 17 of the Criminal Appeal Act 1995, the commission has the power of disclosure against public bodies. The Bill seeks a modest extension of that power to private bodies and individuals. Quite why private bodies and individuals were not included in section 17 is a mystery. Even to the extent that there were ever a justification for that limitation, it has long ceased to hold good. The exclusion of private bodies is an anomaly that is neither justified nor justifiable today. The Bill promoted by my hon. Friend the Member for Hazel Grove (William Wragg) provides a modest extension to end that anomaly and make sure that the CCRC can, with the consent of a Crown court judge, obtain all the disclosure it needs.

The absence of that power is no imagined difficulty. The briefing note provided by the commission for this debate gives a number of examples of situations where it has not been able to obtain disclosure, and a number of examples of private organisations that it would wish at times to obtain disclosures from. Banks, shops, news agencies, private health clinics, charities, campaign groups and law firms are all private bodies.

[Julian Knight]

Does my hon. Friend agree that, should this Bill be enacted, its very existence will make it more likely that private companies and individuals will co-operate fully and without delay when they receive a request for information from the CCRC?

[James Berry]

My hon. Friend is right. The knowledge that the CCRC will obtain a court order if a request for voluntary disclosure is refused will certainly provide encouragement where needed. All the private bodies I have listed may have that one piece of information that will establish that someone serving a prison sentence has been wrongly convicted. The chairman of the CCRC himself has said that

“you can be confident that there are miscarriages of justice that have gone unremedied because of the lack of that power”

to obtain disclosure from private bodies. My hon. Friend the Member for Hazel Grove has promoted this Bill to end that unacceptable situation and I thank him for doing so. The Bill deserves the unanimous support of this House.

British Airways (Pensions Uprating)

James Berry Excerpts

Monday 14th September 2015 Commons Chamber

[Mr Vara]

I fully appreciate the frustration—indeed, anger—of people who were expecting something on their retirement but who will no longer receive it. I hope, however, that colleagues will recognise that the pension scheme was set up in 1948, at a time of nationalised industries when nationalisation was the norm, and we now live in a totally different climate with a totally different economy where the industry is not nationalised any more. We have to abide by the rules of the set-up of that pension scheme. As a trust, it is at arm’s-length from anything that the Government can do. People here who know trust law will appreciate that.

Legislation provides for a minimum level of indexation that applies to certain pensions. Currently, schemes must increase defined-benefit pensions that are in payment and were accrued between April 1997 and March 2006 by inflation capped at 5%. Pensions accrued from April 2006 onwards must be increased by inflation capped at 2.5%. The exact measure of inflation is not defined in legislation. It is for the Secretary of State to make a judgment each year on the measure to be used from those available.

The rules of an occupational pension scheme may make more generous provision than is required in legislation, either regarding pre-1997 accruals or providing for increases above the level of the statutory minimum. However, these are matters for schemes and the trustees; the scheme will have met its obligations under pension law by paying the statutory minimum.

I understand that the APS rules provide for the rate of increase to be the same as those specified in orders issued under section 59 of the Social Security Pensions Act 1975, which provides for public sector pension increases. Every year, public service pension increases are set out in an order issued by Treasury Ministers under section 59, which requires the Treasury to provide the same level of increase as the additional state pension that is set out in the social security benefits uprating order made by the Secretary of State under the Social Security Administration Act 1992.

The legislation, however, does not specify a particular index as the appropriate measure of price increases. The increase in the general level of prices has always been a matter for the Secretary of State to decide every year, and to help him make that decision he will look at the various indices of price increases. However, he only has to choose a suitable index—he does not have to choose the index that gives the highest possible increase.

In the past, the Government used the retail prices index as the measure of inflation. However, as the hon. Member for Stretford and Urmston has said, in 2010 the Government decided that the consumer prices index is a more appropriate measure of changes in the cost of living than the RPI for public service pensions, certain state pensions and benefits, and the statutory minimum increases for occupational pensions. Therefore, if the Secretary of State decides to use CPI as the measure of the general increase in prices, as is currently the case and has been since 2010, any scheme whose rules required increases under section 59 would find itself making increases on the same basis. I must emphasise that any payments in addition to that level will depend on scheme rules and the powers available to the trustees.

[James Berry (Kingston and Surbiton) (Con)]

Will the Minister give way?

[Mr Vara]

I will, but it will have to be brief and it will have to be the last intervention.

[James Berry]

Does the Minister agree that, while there is little the Government can do in a private trust matter that is currently before the High Court, there is much that British Airways could do for its 28,000 pensioners on the APS scheme, including my constituents, by facing up to either the letter or the spirit of its responsibilities?

[Mr Vara]

I am sure that British Airways is keeping a watchful eye on the Chamber and has noted the presence of not only those who have had the opportunity to speak, but the many others who support them.

Having explained the switch to CPI, I would like to return to the role of trustees in running pension schemes, including setting pension increases. I have explained that any increases above the statutory minimum are a matter for scheme rules and the trustees. In some cases, the increases will be at the discretion of the trustees; in others, the rate will be written into the rules. The House will appreciate, however, that in view of the issues in the ongoing High Court proceedings, I cannot comment on either the ambit or use of powers by the APS trustees.

Trustees of pension schemes are the same as those of any other trust, and much of what they do is governed by trust law. They have to act in line with the trust deed and scheme rules and they have to act impartially, prudently, responsibly and honestly, and in the best interests of beneficiaries. Those obligations apply regardless of whether trustees are nominated by the employer or by members. That means that trustees may have a potential conflict of interest, and the Pensions Regulator issues guidance on how trustees should manage them should they arise.

Trustees are also required, under pensions legislation, to undertake certain actions to ensure that the scheme is funded to meet its liabilities and that it can pay the right amount of benefits to the right people at the right time. Having set those parameters, the Government do not interfere in the running of individual schemes. Regulation of occupational schemes is undertaken by the Pensions Regulator. If it appears that trustees are not carrying out their duties correctly, the regulator may intervene. Alternatively, members may have recourse to the pensions ombudsman or the courts, which is the route being taken at present.

However, another party is involved: the sponsoring employer. The employer is ultimately responsible for putting enough money into the scheme to pay the benefits due under its rules, which is why it is essential for trustees and sponsoring employers to work together when agreeing the level of employer contributions—even more so if the scheme is in deficit and the employer has to pay in extra contributions to make good the shortfall. Inevitably, employers and trustees sometimes cannot resolve disputes, so it falls to the courts to determine the outcome. Sadly, that is the case here.

Assisted Dying (No. 2) Bill

James Berry Excerpts

Friday 11th September 2015 Commons Chamber

[Nadine Dorries]

rose—

[James Berry (Kingston and Surbiton) (Con)]

rose—

[Keir Starmer]

I do just want to complete this exercise—

Oral Answers to Questions

James Berry Excerpts

Tuesday 8th September 2015 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

1. What steps he is taking to improve the provision of education in prisons; and if he will make a statement. [R]

[James Berry (Kingston and Surbiton) (Con)]

6. What steps he is taking to improve the provision of education in prisons; and if he will make a statement.

[Pauline Latham (Mid Derbyshire) (Con)]

7. What steps he is taking to improve the provision of education in prisons; and if he will make a statement.

--- Later in debate ---

[Michael Gove]

My hon. Friend is absolutely right. The levels of literacy and numeracy of many offenders in the system are far too low. If we can transform that and provide them with the skills to hold down a meaningful job, they can be genuine assets to our society rather than liabilities.

[James Berry]

What role does my right hon. Friend think that new and outside providers could play in improving educational opportunities and outcomes in our prisons?

[Michael Gove]

There are some formidable organisations that want to improve the quality of education in our prisons. In my previous role as Education Secretary, I saw how a wider diversity of education suppliers can help to raise standards for all, and particularly for the most disadvantaged. I would like to see the same reforming vigour applied to the education of offenders.