Oral Answers to Questions

Janet Daby Excerpts

Tuesday 5th July 2022 Commons Chamber

[Kim Johnson (Liverpool, Riverside) (Lab)]

11. What assessment he has made of the effect of availability of duty solicitors in England on access to justice.

[Janet Daby (Lewisham East) (Lab)]

13. What assessment he has made of the effect of availability of duty solicitors in England on access to justice.

[The Parliamentary Under-Secretary of State for Justice (James Cartlidge)]

The Legal Aid Agency keeps market capacity, including the number of duty solicitors on each local duty scheme, under constant review, to ensure that there is adequate provision of legal aid throughout England and Wales. The LAA is satisfied that there continues to be sufficient duty solicitor coverage across all duty schemes in England and Wales, and it moves quickly where issues arise to secure additional provision and ensure continuity of legal aid services. Provision under the duty scheme is demand led, so there may be variations in numbers across each local rota, or other fluctuations in numbers. A procurement exercise for new criminal legal aid contracts commenced on 1 October and is currently under way. The LAA will publish lists of providers and duty solicitors under those contracts, once the contract has commenced.

[James Cartlidge]

The hon. Lady says that she stands in solidarity with the striking barristers. I remind her that back in February, before the publication of our response to the independent review of criminal legal aid, she attended a debate on legal aid in the north-west. Every Labour MP who spoke supported a 15% increase in fees, including three Labour MPs who would subsequently go out with the RMT. They supported 15% then, as did those on the Opposition Front Bench. Do they still support 15% now? If they do, they should not be supporting the strike action when we have that offer on the table. By the way, that 15% increase includes duty solicitors. It will increase the police station scheme funding. That is why it is good news for the criminal legal aid solicitors the hon. Lady is talking about.

[Janet Daby]

Last week I visited Boothroyd Solicitors, who provide legal aid services in my constituency. They told me that despite being very busy, the business costs of their work, mixed with cuts to criminal legal aid, mean that they and many other criminal duty solicitors are in financial difficulties. They are receiving promises from the Government, but no action. Boothroyd Solicitors warns that access to an availability of duty solicitors will be severely impacted in the years ahead, if it is not tackled now. Will the Government urgently address that?

[James Cartlidge]

We all want to see thriving duty rotas in our police stations, and it is incredibly important that we support funding for criminal legal aid for the police station scheme. That is why we are increasing those fees by 15%. Indeed, I confirm that in relation to police station fees, the actual increase overall is 18%, as that will include expected additional expenditure, including pre-charge engagement. In total it is an 18% increase for police station duty solicitors. In addition, we want to see a new generation coming through, so we will also be ensuring that those with Chartered Institute of Legal Executives qualifications can more easily participate in the duty solicitor scheme.

Police, Crime, Sentencing and Courts Bill

Janet Daby Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Kit Malthouse]

We do believe that the online harms Bill will cover the vast majority of the offending where this is advertised, and I have to say that the vast majority of that these days does seem to be online. However, the hon. Member raises a very good point, and I will make sure that the team putting the consultation together consider whether we should include that in the scope of the consultation and if a further offence is needed.

[Janet Daby (Lewisham East) (Lab)]

Will the Minister give way?

[Kit Malthouse]

And finally!

[Janet Daby]

I thank the Minister for giving way on that point. Shelter states that over 30,000 women since the beginning of the pandemic have been pestered by landlords to exchange sex for a roof over their heads. Does the Minister not think that there is more the Government should be doing to move this forward? How long is the consultation period, and what will happen in the meantime?

[Kit Malthouse]

As I say, there are already offences being committed in those circumstances, and we have had successful prosecutions in exactly the circumstances the hon. Member outlines. Anybody who has been subjected to that kind of criminality should, I hope, feel in a position to report it. However, we need to look at whether there is scope for a more specific offence in this area, because at the moment some of the offending is dealt with through the prostitution legislation, which may not be entirely appropriate. The consultation that we will undertake before the summer recess will run for the normal period, and I hope we will then bring forward expedited legislation, possibly in the same vehicle in which we bring forward the further offences on street harassment. Let us see how we get on.

The other place has proposed some welcome improvements to the Bill, but it has also put forward some amendments that, while often well meaning and extremely well motivated, I am afraid we cannot commend to the House for the various reasons I have set out. I hope that the House will join me, as we support these various amendments, in sorting out what works and what does not, so that we can all move forward in this important area of policy.

--- Later in debate ---

[Sarah Jones (Croydon Central) (Lab)]

I thank the Minister for his speech. He comes late to this party—he was not part of the Committee stage—and he has done well to catch up at this point.

We believe parts 3 and 4 of the Bill represent a power grab that bans peaceful protests and compounds inequalities, which is why we voted against the Bill in its entirety on Third Reading, but we also think that this Bill is a huge wasted opportunity. With crime up, prosecutions down, victims losing faith and criminals getting away with their crimes, there has never been a more crucial time to get to grips with law and order. Throughout the passage of the Bill, we have urged the Government to use this opportunity to move further and faster to tackle the epidemic of violence against women and girls.

Time and again, however, this Government have failed to act with the urgency that this epidemic requires. During the passage of the Bill, the Government have already rejected minimum sentences for rape and stalking, our plan to make street harassment a crime and our plans to protect victims with proper legal advice, but we still have time tonight, thanks to our friends in the other place, to make some changes. I urge the House to consider two Lords amendments in this group that the Government are rejecting that would make a real different to women’s lives.

I will start with sex for rent. Lords amendment 141 introduces a new offence of requiring or accepting sexual relations as a condition of accommodation. There are few things more horrific than someone using their power as a landlord or an agent to get sex. Predators advertise sex for rent blatantly. We can see in internet searches hundreds of adverts offering rooms or beds for free to young people, usually women, in return for sex. I understand the Government saying that they are going to look at this and potentially act at some point in the future, but women are being exploited all over the UK now and they cannot wait for another long Government consultation. As my hon. Friend the Member for Lewisham East (Janet Daby) has pointed out—the Minister needs to talk to Shelter to understand this better—the impact of the pandemic means that more people, especially women, are facing financial hardship, which is making them vulnerable to this vile exploitation.

[Janet Daby]

I thank my hon. Friend for making such a fantastic speech. Does she agree with me that there needs to be a specific offence to punish landlords who engage in this awful practice of exploitation through sex for rent?

[Sarah Jones]

I absolutely do agree with my hon. Friend, and that is what we are trying to achieve tonight. This is not overly complicated, and I think it is staggering, when the Government are introducing legislation far faster in other cases, that they will not support the Lords amendment—and women—in this way.

The second opportunity we have, thanks to the Lords, is Lords amendment 72, which would add prejudice based on sex and gender to hate crime legislation. This would make misogyny a hate crime, which we have talked about so much already tonight. I know that the Law Commission has some concerns, but this is a simple and straightforward step that will increase public awareness, improve victims’ confidence—crucially—in reporting, and enhance the way the police respond to violence against women and misogyny. The symbolism of this is so important. We were all so shocked by the Independent Office for Police Conduct report into Charing Cross station and the misogyny in those messages that we never thought we would see in the police.

Sexual Misconduct in the Police

Janet Daby Excerpts

Wednesday 20th October 2021 Commons Chamber

[Kit Malthouse]

The hon. Lady has stated a number of matters as fact that may not be the case. I do not want to prejudge the conclusions, certainly of part 1 of the inquiry. The whole idea of that inquiry is to look at exactly the entire career of that monstrous individual to learn lessons about what may or may not have happened—for example, what previous forces knew about him, and whether he did have that nickname in the previous force—and what lessons we should learn from that about wider policy in maintaining the integrity of the police.

[Janet Daby (Lewisham East) (Lab)]

I am grateful to my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) for giving us the chance again to discuss this essential issue, which cannot leave our radar. I was astonished when a female criminal solicitor recently told me that she and her female colleagues often experience ongoing ridicule and belittling from male custody officers at my local police station. I find this outrageous. Does the Minister agree with me that this disrespect towards female solicitors is very much part of the culture of misogyny within the police force, and that these disgraceful attitudes and behaviours must be tackled and rooted out of our police force?

[Kit Malthouse]

I certainly agree that those disgraceful attitudes should be rooted out, and I would urge the individuals affected to make a report and a complaint to the police force concerned.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Robert Buckland]

I pay warm tribute to my right hon. Friend. Indeed, I met her recently in connection with her important work, which she has championed for many years. She will be glad to know that women on mother and baby units are supported by multidisciplinary teams to enable mothers to have the positive experience with their babies that she passionately believes in, and I share that belief. We still apply covid compassionate leave, the most recent release having taken place last month. There are individual care management plans for all pregnant women as well. We are in the process of a fundamental review of all policy here to make sure that we are getting it right for as many women as possible.

[Janet Daby (Lewisham East) (Lab) [V]]

During the pandemic, women in prison have experienced an intensified lockdown. Many women are permitted only 30 minutes outside their cell a day and 30 minutes every other day for exercise. Alongside this and many other restrictions, the Ministry of Justice’s most recent safety in custody statistics showed that incidents of self-harm and suicide in women’s prisons have increased by 8% in 2020. I and the public need to know what the Government are going to do to protect these women from having a mental health crisis in prison and to ensure that transformative rehabilitation is effective.

[Robert Buckland]

The hon. Lady is right to raise the particular challenges facing women prisoners. There does seem to be a different effect of the current restrictions on women prisoners as opposed to the male estate. Sadly, we have seen rates of self-harm and, indeed, repeated self-harm from individual prisoners increase. I assure her that the female offender strategy that we launched two years ago is at the heart of our considerations. It is all about understanding why a lot of women not just self-harm, but end up in the custodial estate in the first place. We continue with work on that. More investment is coming, with the creation of secure centres. We will continue to look at ways in which we can reimagine and redesign how women are incarcerated. She will be glad to note that overall numbers in the custodial estate remain quite low compared with recent years as a result of covid and, indeed, the approach that the courts have been taking.

Lammy Review

Janet Daby Excerpts

Tuesday 30th June 2020 Commons Chamber

[Alex Chalk]

One of the really valuable things that emerged from the Lammy review was the point that many of the issues that lead to people being in the criminal justice are upstream. So when we look at how to try to address the issues my hon. Friend refers to, it is not purely about this Department; it is also about this Government. So when we talk about the levelling-up agenda, this has to be levelling up across demographics as well as across the country.

[Janet Daby (Lewisham East) (Lab) [V]]

Thank you, Madam Deputy Speaker, for granting this urgent question to my right hon. Friend the Member for Tottenham (Mr Lammy). I was disappointed to find out that the Prime Minister’s response to my question last week turned out not to be quite as it seemed, and now he is not here to clarify his own statement. So can the Minister explain why only 1% of full-time police officers in 2019 were black and why this has not been improved since the implementation of the Lammy review?

[Alex Chalk]

Overall, diversity is improving. I do not know the specific figures on the police—I apologise, but that is a Home Office matter. For example, the Parole Board did not have a single black member, yet, as a result of the Lammy review, in recent recruitment 35% of new recruits were BAME. That is great news, but there is more to do.

Domestic Abuse Bill

Janet Daby Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Robert Buckland]

I am grateful to the hon. Lady for raising that matter. Of course that issue is subject to a current review. I do not just want to park it there, as an excuse to do nothing, as we are looking at it carefully and it may well be that we can take action other than via primary legislation.

While I remember, let me answer the point made by the hon. Member for Totnes (Dr Wollaston): the proposal is to bring the law she mentioned into force early next year. We are talking about a matter of a few months. I know she will hold me to “early” meaning truly early, as opposed to civil service-speak. I get that, with respect to the wonderful civil servants who serve this Government well and who are dedicated and working hard to eradicate domestic abuse.

[Janet Daby (Lewisham East) (Lab)]

I thank the right hon. and learned Gentleman for making such a passionate speech. Does he agree that a mother of two children fleeing domestic abuse should not be living in a one-bedroom hostel for more than a year? Women who have experienced domestic violence need priority housing, and reasons such as I have mentioned force some women to remain with their abusers.

[Robert Buckland]

The hon. Lady is right about that. I am very hopeful that this Bill will allow us to tease out these issues and address the issue of secure accommodation for victims in abusive relationships. I will take a moment to pay tribute to the network of organisations such as Swindon Women’s Aid, in my constituency, which provides a gold standard service. She would agree that this is about not just the accommodation, but the wraparound support that women need—the advice, counselling and trauma counselling—to try to rebuild their lives. She is right to talk about the effect on the children of the relationship, too.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 9th July 2019 Commons Chamber

[Mr Speaker]

“What does that mean?”, the hon. Gentleman chunters from a sedentary position. He is not in a minority of one in posing that question, but the Secretary of State’s reply was delphic.

[Janet Daby (Lewisham East) (Lab)]

T7. Youth offending teams are struggling to provide their services for young people and the public as the result of year-on-year cuts to those services. This has meant highly complex case loads for staff, meaning that they can only respond through crisis intervention work. What are the Government going to do to help councils provide the sustained preventive interventions that are desperately needed in this sector?

[Edward Argar]

We, like the hon. Lady, value the work that youth offending teams do with children who have offended and the work they do to prevent offending. The Youth Justice Board’s total funding this year for frontline services, including youth offending teams, is £72.2 million, which is an increase on last year. We continue to invest in youth offending teams, but it is also important that we encourage innovations such as I saw when I visited Lewisham’s youth offending team earlier this year.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Teresa Pearce (Erith and Thamesmead) (Lab)]

7. What steps he is taking to increase access to the criminal justice system.

[Janet Daby (Lewisham East) (Lab)]

20. What steps he is taking to increase access to the criminal justice system.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is vital that our criminal justice system remains fair and accessible, and we are taking a number of steps to ensure justice within it. Legal aid is a very important part of that process, and last year we spent almost £900 million on criminal legal aid alone. However, our court system also needs to be modern and up to date, so we are spending £1 billion on technology to bring our court system up to date for the 21st century.

--- Later in debate ---

[Lucy Frazer]

Doing a review and putting in £23 million are specific steps to ensure that we get better justice. I am very grateful to the Law Society, which the hon. Lady and the hon. Member for Ealing, Southall (Mr Sharma) mentioned, because it is actively engaged in our review, as are the Bar Council and the Criminal Bar Association.

[Janet Daby]

It is really good to hear that the Law Society is having such an impact on the Government. However, the Law Society has also published research that shows that the criminal legal aid means test is preventing families living in poverty from accessing justice. Although the Government will eventually review this, the review will not conclude until 2020, and it will be even further down the line when any changes come into place. Will the Minister therefore commit to taking action now to ensure that vulnerable people are still able to access justice?

[Lucy Frazer]

I am very pleased that the hon. Lady has highlighted that we have already committed to doing a review of the threshold for legal aid across the board, not just in relation to criminal law but civil law as well. It is very important that we get that review right. Legal aid has not been uprated for a number of years. We have committed to doing that, but not only that—we have already started the review.

Knife Crime

Janet Daby Excerpts

Monday 25th March 2019 Westminster Hall

[Mike Hill]

I absolutely agree, and I will come to those points later.

Ministry of Justice figures released recently show that 21,484 people, including 4,686 here in the capital, were prosecuted or cautioned for knife offences in England and Wales last year. That is 2,000 up on 2016, 5,000 more than in 2013, and the highest number of arrests and prosecutions since 2009. No wonder people are beginning to describe the situation as an epidemic.

Whether or not they agree with that description, the Government have had to concede that there is a problem. Less than two weeks ago, in his spring statement, the Chancellor announced that the Government will award police forces an extra £100 million over the next year to pay for overtime and to support reductions in knife crime and violent crime.

[Janet Daby (Lewisham East) (Lab)]

I thank my hon. Friend for giving way; he is making a significant start to the debate. Does he agree that, although investment in the police is good and well meaning, we need investment in other areas, such as youth services, schools and councils? We also need to invest in building relationships with parents and in working with them and their young people.

[Mike Hill]

I absolutely agree. In fact, part of the Petitions Committee system is outreach work, and on Friday last we went to a school in Hartlepool, where the young people repeated much of that argument.

Many will agree that that £100 million is too little, too late and compare it with the £2.7 billion that has been taken out of the policing system since 2010, but any money targeted at tackling and preventing knife crime is welcome. For the record, my police force, Cleveland police, has had its number of police officers reduced by 500-a 37% reduction in staffing, following cuts of £25.5 million since 2010. The Prime Minister may be of the opinion that there is no correlation between police cuts and knife crime, but senior figures in the policing community, such as Cressida Dick, disagree. Considering that officer ranks have depleted by 20,000 across England, small wonder that people make that link.

The net effect of policing cuts was writ large when my constituency became the focus of a BBC film, which was broadcast on the national news, exposing that, in a town with a population of 92,028 at the last census, only 10 police officers were on duty on a Saturday night. Such a lack of visible police on the streets has resulted in our communities feeling less safe and more under threat. There is a real perception that crime will rise unless the police are better resourced. Cleveland police saw an increase in cautions and convictions for knife crime last year, and there has been a 4% rise since 2015. The police and crime commissioner, Barry Coppinger, is doing excellent work on crime prevention and intervention, but without the necessary resources he is swimming against the tide.

There truly is an argument not only for resourcing the police better but for increasing the tariff on custodial sentences. Clearly, in the mind of the public, current tariffs are not sufficient to act as a deterrent to criminals. The petition reflects that. The fact that the maximum penalty of four years applies only to reoffenders and not to first offenders is deeply worrying.

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[Andrew Rosindell]

I could not agree more. That is the route into much of the crime. There is a drug and gang culture. We see that across London, and although the right hon. Gentleman is not a London MP, I am sure similar cultures are building up in other parts of the country. As I said on the London section of “Daily Politics”, we have to crush that culture, no matter what community, town or borough we come from. If young people get into that culture, that leads to violence and ruins lives. We need to get underneath the problem and ensure that it is curtailed and stopped.

Although I hope that the serious violence strategy will deliver on its promise to provide more funds for such activities, we must provide legal powers to tackle this issue. The policies we put in place for knife crime prevention must not simply paper over the cracks.

I frequently request updates from my local police on Operation Venice, the operation launched to tackle moped-related crime. Naturally, I sought clarification on whether it was true that police were not giving chase to suspects on two-wheeled vehicles. I received countless reports from my constituents that the police were not being allowed to do their job and apprehend those hooligans.

I must tell the Minister that I was dumbfounded by the blame game that ensued. The Government said that guidance is provided by the College of Policing, yet police on the ground simply did not have comfort in the protections given to them. Eventually sense prevailed, and last November saw a massive crackdown on moped thieves, who were regularly threatening innocent people. Alongside the new confidence given to the police in using tactical contacts, the media covered the new approach widely. The result is that we have now seen moped-enabled crimes in the capital fall by 47% in the space of a few months.

A strategy such as that shows that we can tackle crime; where it is evolving and getting out of control, a strategy can be put in place and crime can be knocked on the head. A similar, much more radical strategy is needed to tackle knife crime in London.

[Janet Daby]

When we talk about knife crime among young people, we are talking about people who are often quite vulnerable. One of the things the hon. Gentleman mentioned was getting underneath the problem. In some cases, the problem is due to coercion, bullying and threats, which lead some young people to get involved in carrying knives. Does he agree?

[Andrew Rosindell]

I agree. There needs to be a restoration of police in schools; there are still police going into schools, but nothing like so many as there used to be. That has been reduced. Stop and search is also something that my constituents and I fully support. I do not think that any law-abiding person need fear. We all get stopped and searched at the airport, and members of the public are stopped and searched when they come in here. When we are seeing knife crime in our communities I think that, provided the police show respect and do it in a way that does not offend people—I am sure they are able to—knives can be found and confiscated, which will make our communities safer.

Oral Answers to Questions

Janet Daby Excerpts

Tuesday 12th March 2019 Commons Chamber

[Rory Stewart]

Body scanners can be very useful, particularly in local prisons where prisoners are coming in and out a great deal. They are very expensive bits of kit to not only install but manage, and they have medical implications; they can be used safely perhaps 50 times in a year. We are conducting a pilot with 14 X-ray scanners across the estate. Once we have looked at the evidence and convinced ourselves that that is the best way of doing it, we will move forward and prioritise local prisons in that roll-out.

[Janet Daby (Lewisham East) (Lab)]

Inexperienced prison officers, poor conditions and more time being spent in cells contribute to violence in prisons. What steps are being taken to address those factors?

[Rory Stewart]

In terms of inexperienced prison officers, it is about longer training courses and better mentoring on the wings, with band 4 officers in particular working day in, day out with new staff. In terms of time out of cells, this is why having 4,700 more staff is really important—it allows us to unlock people more and get back to a regime that allows people to get into education and work and protects the public.