(3 years ago)
Commons ChamberFundamentally, the judiciary and magistrates should be trusted in their sentencing decisions. We need to provide alternatives for people who should rightly be sentenced to alternatives, but that must be a matter for the judiciary. On the question of prison places, this is precisely why we are investing nearly £4 billion in new prisons as well as having a vast programme of work to reshape existing accommodation and put in temporary accommodation so that prisoners are treated safely and decently inside.
I welcome what my hon. Friend has said, particularly about digital technology. I know she will agree that one of its benefits will be to enable prisoners to communicate with their families in a safe and secure way. That is good for the prisoners’ rehabilitation and also good for the families, particularly the children. May I ask her one specific question? In relation to league tables, which are part of this statement, can she tell us how the Government will be able to make allowances for the very different kinds of prisons with very different types of inmates, so that the comparisons can be fair?
I can reassure my right hon. and learned Friend that we of course recognise those differences. We recognise the challenges that, let us say, a local prison faces, compared with those faced by an open prison or one that accommodates prisoners for many years. That will be taken into consideration. We want these key performance indicators to tell the truth about what is happening in our prisons in a fair way, but also in a way that shares best practice around the country.
(3 years, 6 months ago)
Commons ChamberThe hon. Gentleman is right to press me on speed. I remind him that the decision to publish the rape review now was made in the light of a very important judicial review that was mounted by representatives of the sector; I listened to their representations and quite rightly waited for the outcome of that important case before publishing. However, I take the point. I am as anxious as he is to get on with things, but in respect of the section 28 roll-out I have to work hand in glove with the judiciary, who are operationally responsible: for example, a listing of a section 28 remote cross-examination will take some time in the court day. We have seen some really good examples in which it is working well, but I am listening very carefully to the judiciary’s observations about how it can be rolled out fully. I will push as hard as I can to achieve my personal ambition to see section 28 become the norm. Through the scorecard mechanism that we are introducing, we will be held accountable at regular intervals and he will have an opportunity to press me if he does not think that it is going fast enough.
I welcome what my right hon. and learned Friend has said. As he recognises, what is done in the preparation of a case matters at least as much as what is said in court, so I urge him to link closely the work that the Government are already doing on disclosure with the work that he has described this afternoon. However, as he also knows, what is said in court matters too. To reinforce the point that the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) made, if we are to ensure that rape myths are properly challenged, will the Justice Secretary make sure that in his conversations with the judiciary he looks carefully at the judicial directions given to juries, and that if they need further refinement, they get it?
I pay tribute to my right hon. and learned Friend, who as Attorney General worked very hard with me on the issue of disclosure and started the process that resulted in the revised Attorney General’s guidelines issued last year. He and I both know from our professional experience that a badly prepared and badly run case, in terms of disclosure, can be extremely destructive and frankly a miserable experience for those involved. He will be glad to know that we are not only pledging to ensure that victims’ phones are returned after no more than 24 hours, but working on new technology to ensure that analysis of data can happen that much more quickly. We want to ensure that 10,000 devices are examined through the year, rather than being left for months and months before the investigation can be taken further. On the court process, he will be glad to know of my decision to ask the Law Commission to look at some of the enduring issues surrounding the trial process, which I think will address many of his observations.
(4 years, 3 months ago)
Commons ChamberI am grateful to the right hon. Lady for taking up the baton on that issue from her predecessor in Dwyfor Meirionnydd. She is absolutely right to draw me back to a campaign that I helped to champion in order to criminalise stalking and to enhance and improve the law further. I will look at that case more carefully, if I may. I am sure that more work can be done, particularly with regard to awareness and training of police and prosecutors with regard to the true seriousness and invidious nature of stalking and what it can lead to.
I congratulate my right hon. and learned Friend on this White Paper, which reflects what he has long argued: an intelligent criminal justice policy requires provision to promote both punishment and rehabilitation. I particularly welcome what he said about sentencing code consolidation, which will not just reduce the number of mistakes made in sentencing but help victims to understand the system better. May I urge him to turn his mind urgently to the practicalities of the interesting proposal to keep offenders in custody for longer if they are radicalised in prison, particularly with a view to giving the Parole Board the tools it needs to make judgments on intelligence material that they will not be familiar with dealing with?
My right hon. and learned Friend and I toiled in the vineyard with regard to criminal sentencing procedure. He did not quite write the book, but he certainly read it. I am grateful to him for his warm support and for the excellent work of the Law Commission now being enshrined in law by this Government. That is the bedrock of what we are doing, and we are going to build on it in an intelligent way. He is absolutely right to talk about the role of the Parole Board. I have taken a particular interest in making sure that sensitive intelligence material is indeed released to it in the most proper way. I pay tribute to the former vice-chairman of the Parole Board, Sir John Saunders, who my right hon. and learned Friend will know from his days as a Birmingham practitioner, and who made those points very cogently. We have acted on them, but we are going to go further with a root-and-branch review of the Parole Board to make sure that it and other mechanisms are truly working in such a way that it makes fully informed risk assessment decisions.
(4 years, 5 months ago)
Commons ChamberI am grateful to the hon. and learned Lady, for whom I also have a great deal of respect. In December 2017, the Government response to the Lammy review said, at paragraph 8:
“We have…sought to mirror the pragmatic, ‘doable’ tone of the Review by setting out how we will address the underlying issues behind recommendations where there are real constraints that prevent us from following it to the letter.”
If the statement was in isolation—for example, “Have you implemented the change in the name of the Youth Justice Board?”—then, yes, the hon. and learned Lady would have a point, but what was made clear throughout was that the Government were determined to implement the policy objective even if doing things to the absolute letter would not necessarily be the best way of achieving that. I am proud of the fact that we have gone beyond a lot of what was stated in the Lammy review, so we have more data, more transparency, and a better way of drilling down on manifest injustices. Of course there is more to do, and this report has set us on a much better path.
The Lammy review was an important piece of work and it was also a wide-ranging one. As my hon. Friend knows, chapter 2 of the review deals with the Crown Prosecution Service. The right hon. Member for Tottenham (Mr Lammy) sensibly made some proposals for improvement within the CPS, but he also said this:
“Other CJS institutions should learn lessons from the CPS, including openness to external scrutiny, systems of internal oversight, and an unusually diverse workforce within the wider CJS.”
My hon. Friend knows that the criminal justice system is an ecosystem and it is important that all parts work with the others, so will he do what he can to make sure that those lessons are learned within the system?
I thank my right hon. and learned Friend, who makes a characteristically pertinent point. If we want people to have confidence in the criminal justice system, they need to have confidence in the people who are bringing forward the prosecutions. That means that we need to make sure that it is diverse and representative. I must say that I know it is sometimes fashionable to kick the CPS—I am not suggesting he is doing this—but overall it does an excellent job and takes the issue of diversity extremely seriously. We want to empower it with the tools through the data to promote, entrench and enhance diversity.
(4 years, 6 months ago)
Commons ChamberThe hon. Lady makes a very good point. She will be glad to know that last year we invested a further £22 million in through-the-gate services in England and Wales. I have seen for myself how probation officers working in prison on offender management in custody really creates a cohesive approach where the prison officers, together with the probation service, are working weeks or even months in advance of release. That is very much part of our ethos. We are going to increase our emphasis on that and use tools such as release on temporary licence in order to make the transition as smooth and as safe as possible, not just for the offender but for the public.
I very much welcome what my right hon. and learned Friend has said about the involvement of voluntary sector organisations in the delivery of rehabilitation. As he has recognised, private sector organisations have played a role in the criminal justice system and its central challenge of reducing reoffending over many years, under Conservative Governments and Labour Governments. Does he agree that it is important now not to denigrate the efforts of anyone who has worked hard to reduce reoffending, whatever the correct shape of probation services in future, just because they have a private sector employer?
I am very grateful to my right hon. and learned Friend, who served with distinction in the Department I now lead. He is right to make that point that this is not about blind ideology, but about people and the shared values we have across the sector. That is very much within the CRC. I will make this point, and he will remember this: it was this Government who finally created licence and supervision periods for people on short-term prison sentences. That was a singular omission from the system that the previous Government failed to address.
(4 years, 10 months ago)
Commons ChamberI am very grateful to the hon. Gentleman. In fact, I think it is right to say, in the context of Northern Ireland, that we have given such careful consideration to the engagement of article 7 that we have chosen not to extend the legislation to Northern Ireland. The way in which the sentence is calculated and put together by the Northern Ireland courts does cause potential issues with regard to engagement and therefore potential interference with the nature of the penalty itself. I think that is actually very important in this context: it is real evidence of the fact that the British Government have thought very carefully about the engagement of article 7, and have not sought to take a blanket approach to all the various jurisdictions within the United Kingdom.
I hear what the hon. Gentleman says about a review mechanism. He will be reassured to know that a counter-terrorism Bill is coming forward that will cover all parts of the United Kingdom. There will be an opportunity on that Bill to debate and analyse further long-term proposals. Inevitably, the status and provisions of this Bill—I hope, by then, an Act of Parliament—will be part of that ongoing debate. I am confident that, through the mechanisms of this House, we will be able to subject these provisions to post-legislative scrutiny in the way that he would expect.
My right hon. and learned Friend has mentioned the effect of this legislation that will keep terrorist prisoners in custody for longer, and he has rightly paid tribute to prison imams, who maintain religious interventions for those whose motivation for their terrorist offending is at least claimed to be religious. Can he reassure us that, given the extra time in custody that many of these prisoners will now serve, such effective and in many cases very brave interventions by prison imams will be given the extra time available to take further effect?
My right hon. and learned Friend the former Attorney General speaks with great experience and knowledge of these matters. He is absolutely right to focus on the specialist intervention of our imams. I think I referred to the fact that we are going to increase resources and increase the number available within our prisons. Both the Home Secretary and I have seen at first hand the partnership working that goes on within the high-security estate when it comes to dealing with these particular challenges. It is precisely that type of specialist intervention that he and others can be confident we will be supporting in the years ahead.
I was going on to explain the extension of parole release to those who serve standard determinate sentences and other transitional cases currently subject to automatic release. In line with the normal arrangements for prisoners released by the Parole Board, the board will set the conditions of an offender’s licence for this cohort when they are released before the end of their sentence. The Parole Board, as I outlined earlier, has the necessary powers and indeed the expertise to make risk-based release decisions for terrorist offenders. The board currently deals with terrorists who serve indeterminate sentences, extended sentences and sentences for offenders of particular concern—the “SPOCs”, as they are colloquially referred to.
There is a cohort of specialist Parole Board members who are trained specifically to deal with terrorist and extremist offenders. They are, in effect, the specialised branch of the board that will be used to handle these additional cases. They include retired High Court judges, retired police officers and other experts in the field, all of whom have extensive experience of dealing with the most sensitive and difficult terrorist cases. Due to the nature of the emergency legislation, I have proposed that the provisions cover England, Wales and Scotland.
The justification for this emergency, retrospective legislation—out of the ordinary though I accept it is—is to prevent the automatic release of terrorist offenders in the coming weeks and months. Given the risk that this cohort has already shown they pose to the public, it is vital that we pass this legislation rapidly before any more terrorists are automatically released from custody at the halfway point. Therefore, we are aiming for this legislation to receive Royal Assent before the end of the month. With the support of this House, I am confident that we can do that. I commend the Bill to the House.
(5 years, 2 months ago)
Commons ChamberMy hon. Friend has coined a very powerful phrase—psychological hostage—which is the right characterisation of the relationship he describes. I welcome his support and observations, and I am truly grateful to him.
I will give way to my right hon. and learned Friend, the former Attorney General.
I am very grateful to my right hon. and learned Friend and I congratulate him on the way in which he is making the case for this very important Bill.
My right hon. and learned Friend has talked about the confidence that we need to give domestic abuse victims in the experience they are likely to have within the criminal justice system. He is right to highlight special measures, and I know he will also talk about preventing defendants from cross-examining complainants.
In relation to special measures, may I ask him to consider something that he and I know has worked well elsewhere—not just pre-recorded examination in chief but pre-recorded cross-examination? The benefit, as we know, is not just the complainant’s ability to get their part in the case out of the way altogether—dealing with the point about delay that the right hon. Member for Broxtowe (Anna Soubry) made—but that it very often causes the defendant to recognise the position that he, and it often is he, is in and to plead guilty early.
My right hon. and learned Friend speaks with immense experience. He is absolutely right about what we call the section 28 roll-out, which proved in the pilot to be a really successful scheme whereby victims of sexual abuse—child victims—are both examined in chief and cross-examined on video. It is an immensely sensible use of resources. It saves time for the victims. It is all done much more quickly and, as he said, it often leads to a much more sensible resolution in terms of the admission of guilt.
I am very interested in taking that concept further. That does require discussions about resource, and requires me to consult fully with the Lord Chief Justice and the judiciary, as I am constitutionally obliged to do, on its impact. I will obviously have further discussions on that matter and I will discuss it with my right hon. and learned Friend and other hon. and right hon. Members who have both a knowledge of and a commitment to this important issue.
Finally, Mr Deputy Speaker—[Interruption.] Well, I will go on if Members want. I could talk all day about this topic—[Interruption.] Oh, forgive me, Mr Speaker, I demoted you.
The hon. Member for Walthamstow (Stella Creasy) mentioned the Istanbul convention and made a very proper point about the need to fill the gaps, which is why it is important not only to emphasise what the Bill is already doing but to remind ourselves what the convention requires us to do. We have to criminalise psychological violence and to take extraterritorial jurisdiction over that and certain other violent and sexual offences. This Bill, of course, gives effect to that.
(10 years, 5 months ago)
Written Statements Tameside metropolitan borough council, the operator of the Greater Manchester pension fund, has asked that we provide a guarantee that the Department will meet employer or employee pension contributions for employees that were former probation trust employees who have been transferred or are recruited to community rehabilitation companies while in ownership of the Secretary of State. The guarantee will be limited to where a community rehabilitation company becomes insolvent. I can inform the House today that we will provide such a guarantee in respect of each community rehabilitation company and a parliamentary minute, which sets out the detail of the guarantee, has been laid in both Houses.
The provision of the guarantee ensures continued pension provision in the local government pension scheme for staff following the sale of shares in community rehabilitation companies as part of a public procurement exercise.
The provision of the guarantee is considered to be value for money for the taxpayer as it will avoid community rehabilitation companies having to obtain appropriate security in relation to their pension obligations which would have been funded by the Secretary of State. Further, in some cases the inability to obtain the appropriate security may have prevented some companies from participating in the tender process.
I have placed copies of the associated documents in the Libraries of both Houses.
(10 years, 5 months ago)
Commons Chamber2. What factors the Parole Board took into account in deciding to release on parole Keith Williams who was convicted of rape in 1999.
As my hon. Friend knows, the Parole Board is independent of Government, but in all cases where the board has the power to direct release it issues guidance to its members on the range of factors to be taken into account in making an assessment of risk.
Why was it that after his first Parole Board hearing, Keith Williams was denied parole, and after his second hearing, armed with the same facts, he was given it? Is it not worrying that two different groups of people can come to completely polar-opposite conclusions?
I understand entirely my hon. Friend’s concerns about the case, and my sympathy and, I know, hers goes to the victim of Keith Williams who is her constituent. I understand the position in this case to be that a mistake was made in the first instance by those within the Ministry of Justice, for which I apologise, regarding the disclosure of the victim impact statement to the defendant and his solicitors; but the second time the matter was considered by the Parole Board, the board received different information, including a psychological report it had not seen before. My hon. Friend will understand that, because the board is independent and reaches its own conclusions, I cannot undo what it has decided. What I will do is make sure that the maximum reassurance over the licence conditions that were imposed is provided to her constituent.
3. What the Government’s strategy is for the future of the probation service.
8. How many people are in prison in England and Wales.
As of today, there are 85,542 prisoners in England and Wales, and capacity for 86,489, providing headroom of 947 spaces. We are changing the role of prisons that we do not need for their original purpose, bringing back into use capacity we did not need in the past, and building new accommodation at four existing prisons. As a result, 2,000 additional places will have been opened by April 2015, and we will have more adult male prison places at the end of this Parliament than we inherited. In the next Parliament, we will open a new prison in Wrexham, providing a further 2,000 places.
Nineteen-year-old Craig Hepburn from Scotland was visiting Marsden in my constituency in 2012 when he was killed. One of Craig’s killers, Anthony Driver, was out on licence at the time of the offence. Anthony Driver may be able to apply for early release in November 2019, which means that he will have served only six and a half years for Craig’s manslaughter. A sheriff commented at the trial that the community was safe only when Anthony Driver was behind bars. What consideration is there of the danger prisoners pose to their local community when they are considered for early release?
I entirely understand my hon. Friend’s concern. Of course, from what he says, the individual in question was sentenced for manslaughter. That would be a determinate sentence. The courts will decide how long the sentence should be, and the release date comes automatically, as the law stands. He will know that this Government have legislated for extended determinate sentences, where people can spend the entirety of their sentence in custody. He will also know that we are keen to reduce the incidence of automatic early release. We have already done so for very serious violent offences—for child sex offenders, for instance—but we are keen to go further.
Under this Government, the use of the emergency gold command has doubled in two years, and the riot squad has been called out 60% more times. Is this not an inefficient use of resources, which is dangerous for prisoners and prison staff?
The hon. Gentleman needs to look carefully at the figures. He is right that there have been significant increases in the number of times that help has been asked for in prisons, but the majority of those incidents are not serious. When the Tornado team is called out to serious incidents, that too is registered. That is at half the level it was in 2007 when his party was in power.
What is my hon. Friend doing to ensure that there are sufficient prison places to allow prisoners with families to be close to them, given the proven benefits for reintegration and the preservation of family life?
My hon. Friend is right about that. That is why we are pursuing a model of resettlement prisons so that in the closing months of the custodial part of a prisoner’s sentence, which is when resettlement is uppermost in their mind, they are in a prison close to the area into which they will be released. That is a fundamental part of the reforms we are introducing to ensure that people have the support and supervision they ought to have when they go through the prison gate and into the community so that we can reduce reoffending.
From the Minister’s earlier response, one might think that everything in the Prison Service is fine, so how many prison officers short is the system?
We always try to provide the right number of prison officers at any given moment, and we are going through a process of what is called benchmarking to ensure that we have the right number to deliver the regime we need. It is true, of course, that there is a short-term problem following an increase in the prison population that nobody saw coming, including the hon. Gentleman and his colleagues. We are dealing with that problem by seeking to recruit prison officers who have recently left the service. That is the responsible thing to do, and we will carry on doing the responsible thing.
Can the Minister tell us how many people are currently at large, having escaped or absconded from our prisons, and how many are currently sunbathing on the roofs of our prisons? On that point, will he give us an assurance that the next time prisoners escape on to the roofs, prison officers will not hand out sun lotion as they did last week?
I will deal with my hon. Friend’s second point first. The answer is yes; that will not happen again. We have looked very carefully at that incident to ensure that there are no so-called health and safety policies that encourage such behaviour. As he knows, I made my views about it quite clear last week. On his first point, every incident of absconding is troubling and we need to crack down on it. That is why we are increasing the penalties for those who abscond and ensuring that only the right people find themselves in open conditions in the first place. He might be reassured to know that the level of absconding is 80% lower than it was under the previous Labour Government.
The Minister is a nice bloke, but he is giving the impression of being both complacent and out of touch. He will be aware that governors of overcrowded public prisons are being told to squeeze in more offenders without any additional resources or help. Can he confirm whether privately run prisons are taking on additional prisoners and, if so, how many, and what premium will they be charging the Government to get them out of their hole?
Let me try to help the right hon. Gentleman with some facts. First, we certainly are asking private sector prisons to take some additional places. That is part of a contractual arrangement that is very similar to the one that was in place under his Government, which is perfectly standard business. Secondly, we are asking some prisons to take additional prisoners and asking some prisoners to share cells, which we do not think is unreasonable, in order to deal with the short-term spike that nobody anticipated. I suggest that the wrong thing would be to do as his Government did, which was to run out of prison places, then run out of police cell places, let thousands of people out early and then deal with the consequences. That is not a path we intend to take.
When assessing the number of prison places, will my hon. Friend ensure that prison places in open prisons, such as Ford in my constituency, are filled only by prisoners who have been rigorously risk-assessed? Does he understand that when prisoners abscond from Ford prison and the police warn the public not to approach them because they are dangerous, that undermines confidence in that risk-assessment process?
I do understand that, and of course it is important that we stand behind the principle of open prisons assisting in the rehabilitation of prisoners and making it less risky for the public when they are finally released, but my hon. Friend is right that only the right people should be in open prisons. We are tightening up the rules on how people move through the system into open prisons. We are sending the clearest possible message that prisoners who abscond from their sentence and abuse the trust they were given in an open prison will not get a second chance.
10. If he will take steps to ensure that mesothelioma victims do not have to pay legal costs from their damages. When the Government’s no win, no fee reforms apply to mesothelioma claims, it will be up to claimants’ lawyers whether they wish to charge their clients a success fee. There is no requirement for them to do so.
12. What steps his Department is taking to return foreign national prisoners to their home countries to serve their sentences. 15. What steps he is taking to increase the number of convicted foreign prisoners returned to their home country.
We are working hard to negotiate compulsory prisoner transfer arrangements with high-volume countries and have recently signed agreements with Albania and Nigeria and a memorandum of understanding with Somaliland.
Progress in transferring prisoners under the European Union prisoner transfer agreement is slower than I would like but we are starting to see the number of transfers increase as more countries implement the agreement. All foreign national offenders sentenced to custody are referred to the Home Office for it to consider deportation at the earliest possible opportunity.
Does the Minister share my concern that there are 10,695 foreign nationals in our prisoners, costing the taxpayer almost a third of a billion pounds a year? The top three countries are Poland, Jamaica and Ireland. Will he outline to the House what the difficulties are in convincing our allies to take back their own citizens? Would it help to speed up the process if nationality was declared at sentence?
On the last point, we are in favour of all process improvements we can make, starting at sentence and working on through the system. The right hon. Gentleman is right that we face many difficulties. One of the most significant that we have discovered is that individual prisoners make legal challenges to deportation and transfer, many of which are based on human rights legislation. We therefore need to look again at that legislation to determine what we might be able to do to move things along more quickly.
The right hon. Gentleman will know that the Immigration Act 2014 gives us more opportunities to do that. It restricts the number of challenges individual foreign national offenders have and ensures that in some cases they can register their appeal and have it dealt with after being deported, not before. There are a number of measures that we can pursue.
My constituents in Bury, Ramsbottom and Tottington will be pleased to hear of the action the Minister has taken, but with one in eight prisoners a convicted foreign criminal we still need to do a lot more, particularly about those prisoners who refuse to be returned because of human rights claims. What more can be done to get robbers, rapist and murderers, who have shown no respect for the rights of their victims, returned to their home country without claiming that their own human rights are being violated?
I agree with my hon. Friend. It is important to look at what the Immigration Act will do. It will enable a better balance between the interests of the general public and the interests of the individual who is claiming, for example, that they have a right to a private and family life under article 8 of the European convention on human rights. As I said a moment ago, the Act will also restrict the number of appeals that individual has. But I think we can do more, and, as he knows, if the country has a Conservative Government after the next general election we will see further changes to our human rights legislation.
If these countries will not take their nationals back why can we not send them the bill?
As my hon. Friend knows, I think that the best thing for us to do is to send them back, but inevitably the difficulties that we have spoken of this morning will get in the way. That is why we are doing what we are. He is well aware that this Government are utterly committed on this issue. We would certainly like there to be more removals under compulsory prisoner transfer agreements. He may know, as may the House, that the number achieved under those agreements by the previous Government was not high, although it was at least a round number.
13. If he will meet hon. Members and civic and Church leaders from Leicester and York to discuss how the reburial of the mortal remains of King Richard III can be done in a way which acknowledges King Richard’s close association with Yorkshire.
T7. Will my hon. Friend the Prisons Minister update my constituents on his Department’s success or otherwise in regard to the sale of Reading prison?
As my hon. Friend knows, we do not decide what the future use of the site will be as that will be a matter for the local authority. I am always keen, however, to keep parliamentary colleagues updated at key points in the process, such as when a site goes on the market and when we have reached the point of negotiating successfully with a preferred bidder. I will of course do the same for him, and if I can give him any more information I will seek to do so.
T4. In a written answer on 6 May, the Minister of State, Ministry of Justice, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) listed several domestic violence programmes for women in prison. His answer included some programmes that I am told do not actually exist. Can he tell me how many women are waiting, or being transferred to other prisons, to get the programmes they need? If he does not know now, will he write to me with the answer?
I cannot do so off the top of my head, but of course I will write to my hon. Friend and give him that information. As he heard my right hon. Friend the Lord Chancellor say earlier, the number of hours worked by prisoners has increased considerably under this Government. We have made sure not just that they have more work to do, but that they are given every incentive to do that work. They will need to work or engage in other types of productive activity if they want to earn their privileges, and they will no longer be able to sit in their cells and watch television all day.
T6. The director of Ministry of Justice Shared Services has said that any proposals to offshore MOJ work in the future would need specific agreement from the Ministry. Can the Minister confirm today, for the benefit of staff in Newport and Bootle, that he will give no such agreement?
T9. Stafford prison has a very good record in securing paid work for prisoners to carry out, including reshoring work from the far east. What support is he providing to others across the estate to continue that good progress?
My hon. Friend is right. Reshoring is an effective way to provide more commercial work for prisoners to do, giving them not just purposeful activity but some of the skills and training they will need to earn a law-abiding life outside prison. In terms of what more we can do, he may know that in 2012 we set up an organisation called ONE3ONE Solutions which assists us to negotiate more commercial contracts and provide more work in prisons.
Staff at the Ministry of Justice Shared Services department in Bootle face privatisation, as do those in the constituencies of my hon. Friends the Members for Newport East (Jessica Morden) and for Newport West (Paul Flynn). Given the shambolic write-off of £56 million on a previous Steria contract and the job cuts that followed the last privatisation the minute the 12-month moratorium ran out, what confidence can my constituents and those of my hon. Friends have that the privatisation of Shared Services will not cost them not only their civil servant status, but their jobs?
I thank the Prisons Minister for meeting me and Billy Bragg recently to discuss the issue of guitars in prisoners’ cells. I welcome the fact that the Minister confirmed that his decision will be taken on the security advice that he receives. Has he had that advice, has it told him that this is a manageable risk, and when does he expect to be able to make an announcement?
May I, in turn, thank the hon. Gentleman for the way in which he conducted that meeting and for the very helpful information he was able to provide to me on that occasion? I am doing what I said to him that I would do, which is to look carefully at the security advice to ensure that it is robust, and that we make a sensible decision on the point he has asked me to consider. I will do that as quickly as I can.
Posting revenge pornography on the internet is an appalling crime. Does the Secretary of State agree that the law needs to change to ensure that perpetrators are properly punished, and that the Criminal Justice and Courts Bill, which is currently being considered in the other place, could provide the Government with an opportunity to do just that?
As was said by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), meaningful work and training has an important role to play in reducing recidivism and encouraging rehabilitation. In developing future policy, will the Minister consider the success of the social investment bond at Her Majesty’s prison Peterborough?
The answer to that is yes. As my hon. Friend knows, the excellent work in Peterborough has formed a large part of our thinking in rolling out our transforming rehabilitation reforms across the country. What is being done there is a very good example of what can be achieved if rehabilitation is followed through out of the gate and into the community.
The Minister will know I have grave concerns, which are shared by the chief inspector of prisons, about the negative impact of overcrowding in Durham and in other prisons in my constituency. What specific steps is the Minister taking to alleviate this problem?
(10 years, 6 months ago)
Commons ChamberI was not going to speak in this debate, but we have heard some powerful arguments. I support the new clause because we have made a distinction in law between crimes that involve guns and crimes that involve knives. I know that there are certain arguments for that—some will say that we were right to draw that distinction—but at the end of the day it makes precious little difference to families whether their teenage child is maimed by a gun or a knife. It is important that we reflect on the seriousness of crimes involving knives.
There is a specific liberal school of thought on the issue. I believe that many arguments could be made with greater force if new clause 6 related to a first offence with a knife, but that is not what it is about. A very important message is being sent.
From my personal experience as a councillor in Peckham, I know how seriously knife crime was viewed there. It concerns me that parts of the country that are many miles removed—culturally, economically and socially—from our inner cities now face crimes that 20 years ago would have been viewed as inner-city crimes. That is why it is important to send this message.
Those are some brief observations, but this is an important crime. This is not about not tokenism; it is about getting it right. If this country’s prison system is worth anything, we must also address rehabilitation so that the people who commit these crimes are put back on the right path. Let us not kid ourselves by arguing about abstract things. Knife crime is a cause of concern and I agree with the new clause.
This group covers several issues, but let me start with the Government new clauses and amendments. New clause 44 creates a new offence of police corruption. Police officers ensure our safety in the Palace of Westminster, and they put their lives on the line every time they go out on patrol. Many police officers regularly serve the public bravely up and down the country, but as my right hon. Friend the Home Secretary said on 6 March, the findings of Mark Ellison’s review of the investigation of the murder of Stephen Lawrence are “profoundly shocking” and
“will be of grave concern to everyone in the House and beyond”.—[Official Report, 6 March 2014; Vol. 576, c. 1063.]
The public expect the police to act with honesty and integrity at all times, which is why the Government are introducing a range of measures to improve both the integrity and the transparency of the police. In the small number of cases where police officers fall short of the high standards we expect, it is right that the full force of the criminal law is available to punish and deter acts of corruption or other improper exercise of power.
Police corruption is currently dealt with in the criminal law as part of the common law offence of misconduct in public office. Although the number of prosecutions for misconduct in public office has increased in recent years, they have spanned a range of occupations, not just police officers. This Government believe that the British public expect on-duty police officers, as the guardians of the law and the Queen’s peace, to conduct themselves to a higher standard than other public servants. If police officers fail to conduct themselves to those high standards, it is right that we should seek to uphold that higher standard by means of the criminal law.
We believe that the best way to do that is to create a new offence of police corruption that applies solely to police officers, alongside the existing broader common law offence. The new offence will be triable only in the Crown court, and it will carry a maximum sentence of 14 years’ imprisonment. It will send a clear message that police corruption is serious, and that Parliament has expressly set a high maximum sentence for those convicted.
We have deliberately cast the behaviour covered by the new offence more broadly than the existing common law offence to ensure that it catches all acts of corrupt or other improper exercise of police powers and privileges. For example, were an officer deliberately to focus lines of inquiry away from a suspect with whom he had a corrupt relationship, such as by arresting a person they knew to be innocent, they would commit the offence. The offence applies whether or not the benefit or detriment came about, and regardless of whether the officer was on duty at the time of the corrupt behaviour. It covers cases where an officer fails to act for a purpose that is improper, such as if the officer knows that a suspect did not commit a crime, but conceals that knowledge because of an improper relationship with the person who committed it. It also applies where an officer threatens to act or not to act, and that threat is made for an improper purpose.
Amendments 45 and 46 are minor consequential amendments to the Bill’s extent and long title that arise from new clause 44.
New clauses 45 to 50 and new schedule 2 introduce new criminal offences of ill-treatment or wilful neglect by an individual care worker, and ill-treatment or wilful neglect of someone following a gross breach of a relevant duty of care by a care provider. The House will well remember the appalling events that occurred at Mid Staffordshire NHS Foundation Trust. Much work has been put in train since February last year, when Sir Robert Francis published the final report of the public inquiry into those events, including the establishment of several reviews into specific issues.
The inquiry on patient safety, led by Professor Don Berwick, identified a small but significant gap in the existing legislation. It recommended the creation of a new offence of ill-treatment or wilful neglect to fill that gap. Of course, no sort of ill-treatment or wilful neglect of patients or those receiving social care is ever acceptable. Yet at the moment, no matter how egregious the conduct, prosecutions are difficult to pursue unless the victim either lacks capacity, is subject to the provisions of the Mental Health Act 1983, or is a child to whom section 1 of the Children and Young Persons Act 1933 applies. That means that a significant group of patients and service users are denied the protection of an offence directed explicitly at ill-treatment or wilful neglect by those entrusted with their care, both individuals and organisations. There is a range of existing legislative and regulatory safeguards that may apply in some cases, but we share the view that they are not sufficient to cover all the situations that might arise from ill-treatment or wilful neglect.
Will the Minister take account of the one new element in the situation, the development of social media, which makes it possible for a large crowd to be assembled for an illegal rave in a property that has been taken over for that purpose? That causes great problems for the neighbours.
I am grateful to my right hon. Friend. He makes a very good point. That is one of the things that we need to look at carefully in considering whether to pursue the ideas that my hon. Friends the Members for Shipley and for Bury North are putting forward in new clause 34. We will continue to do that work and to keep the legal framework under careful review. However, I hope that my hon. Friends will understand that, for the reasons I have given, I cannot accept the new clause today.
New clause 35 seeks to extend the offence in section 5 of the Domestic Violence, Crime and Victims Act 2004—causing or allowing a child or vulnerable adult to die or suffer serious physical harm—so that it applies to causing or allowing any person to die or suffer serious physical harm. I understand that the intention of my hon. Friends is to create a new form of joint enterprise offence. As they will readily recognise, the law on joint enterprise is complex. It forms part of the common law on secondary liability and requires a common purpose between two or more people, resulting in each of them being liable for any offences which might be committed in pursuit of, or as a consequence of, that common purpose.
The offence under section 5 of the 2004 Act, by contrast, is not an offence of joint enterprise. Under the section 5 offence, the person who allows the death or serious physical harm is liable on the basis that he or she failed to take such steps as he or she could reasonably be expected to take to protect the victim from a foreseeable risk of serious physical harm, and not necessarily because he or she shared some common purpose with the person who caused the death or serious physical harm.
The important point about the section 5 offence is that it applies only to members of a victim’s household who had frequent contact with the victim, and could therefore reasonably be expected to have been aware of a risk of serious physical harm to the victim, and to have protected the victim from such harm. The offence therefore covers domestic situations in which members of the household may feel under pressure to remain silent to protect themselves and other members of the household.
I am not persuaded that it would be right to extend section 5 in the way that is suggested, not least because it is not an offence of joint enterprise. Moreover, the Government in 2004 deliberately limited the section 5 offence to the special circumstances that pertain when a person, whether a child or a vulnerable adult, who particularly needs the protection of the law is within the sanctuary of their own home. It has been used successfully in a number of cases, most notably that of baby Peter Connelly. We believe that such circumstances deserve special and extraordinary measures that are separate from the norm.
In addition, the section 5 offence does not require the person who allowed the death or serious physical harm to have been present at the time of the unlawful act, but simply to have been a member of the same household who had frequent contact with the victim, and could therefore reasonably be expected to have been aware of a risk of serious physical harm to the victim. If the allower had to be present at the time of the unlawful act, as the new clause requires, it would raise more difficult evidential requirements for the prosecution in a baby P-type case. My hon. Friends’ new clause would therefore detract from the usefulness of the offence in the specific circumstance at which it is aimed, and it would not necessarily be workable in a wider context. For that reason, I am afraid I cannot accept it.
New clause 36 would change the scope of the offence under section 4A of the Public Order Act 1986 of intentionally causing harassment, alarm or distress to others by using
“threatening, abusive or insulting words or behaviour,”
meaning that “insulting” words or behaviour are no longer captured. My hon. Friends’ intention may be to bring that section of the 1986 Act in line with a similar amendment to section 5 of that Act, which came into effect earlier this year. There are, however, significant differences between the section 5 offence and the more serious and deliberate offence made out under section 4A. The latter requires proof of intent to cause harm to another person, and proof that such harassment, alarm and distress were actually caused to another person. Those differentiating features make it much more serious and significantly raise the threshold of what must be proved. In the light of that higher threshold, the Government do not agree that excluding “insulting” words or behaviour is justified.
Furthermore, during the long-running campaign that culminated in the change to section 5, one key argument put forward by those seeking to remove “insulting” was that removal would not have a negative impact on minority groups because the police had more appropriate powers available to deal with such unacceptable behaviour under section 4A of the 1986 Act. Having accepted that argument as part of the reasoning behind the removal of “insulting” from section 5, it does not seem sensible to remove the protections provided by retaining “insulting” in relation to words and behaviour in section 4A.
For new clauses 6 and 7 I pay tribute not just to my hon. Friend the Member for Enfield, Southgate (Mr Burrowes)—to whom generous tribute was paid by my hon. Friend the Member for Enfield North (Nick de Bois)—but, preventing his modesty from excluding the facts, to my hon. Friend the Member for Enfield North. He has done a huge amount to raise awareness of knife crime concerns, and few people in this place have done more to enhance the safety of the communities they represent, and indeed other communities, by a single-minded focus on this issue.
As my hon. Friend knows, the Government have done their bit on this subject. We have a comprehensive plan in place under the ending gang and youth violence programme, and—in no small measure down to his efforts—we extended new offences of threatening with a knife or offensive weapon in a public place or a school to young people as well as adults, and introduced a minimum sentence for those offences. We have stopped simple cautions being used for possession of a knife in the absence of exceptional circumstances, and as he knows, we are legislating further on cautioning in the Bill. We have taken this issue seriously throughout, and will continue to do so.
When some of those measures were passed, full consideration was given to their consequences. What would be the consequences for the prison population of accepting new clauses 6 and 7?
As my hon. Friend and distinguished predecessor will understand better than most, these are not Government new clauses and therefore they do not come with the same assessments. He will appreciate that the two different new clauses would have different effects, but if the House of Commons decides that those changes should play a part in the Bill, we will make all the necessary assessments. He will also understand that the Government’s clear policy is to ensure that the right people are in prison and that the courts have the opportunity to send the right people to prison whenever they deem that appropriate. The way to deal with and reduce the prison population is, very straightforwardly, to ensure that reoffending is reduced and that people do not continue to return to custody. My hon. Friend began the good work in that regard.
The Minister, quite rightly, is using his words carefully. Following the intervention from my hon. Friend the Member for Reigate (Crispin Blunt), would the sentence be mandatory, or would judges still have an element of discretion?
My hon. Friend the Member for Enfield North made the position very clear. It is a mandatory sentence in the absence of exceptional circumstances. The courts would have the opportunity to say that in those exceptional circumstances the penalty should not apply, but that is standard practice for mandatory sentencing across the criminal law, and entirely appropriate.
I do not understand how my hon. Friend can vigorously oppose new clause 34, despite its evident merits—and on which I unusually agree with my hon. Friend the Member for Shipley (Philip Davies)—because it has not been fully considered, and not come out with a similar line about the cost of the measures before us, which ought to be part of our full consideration before we make our decision.
My hon. Friend is right that if he is in agreement with my hon. Friend the Member for Shipley (Philip Davies), he does have me worried. He will appreciate that the arguments on new clause 34 are rather broader than its cost implications. As I have set out already, we cannot accept it at this stage for several reasons, and that is different from a specifically cost-related calculation.
I note that new clauses 6 and 7 contain some minor, technical flaws that would need to be addressed if either were to receive the approval of the House today. As my hon. Friend the Member for Enfield North knows, his objectives have considerable support among Conservative Members. However, as he also knows, although both coalition parties are fully committed to protecting the public, policy agreement has not been reached on these new clauses, so it will be for the whole House to decide on the conclusion to this debate. So that that debate may continue, I shall finally say that I hope that the House will support—
The Minister coyly described flaws in the new clauses. Would he care to list them so that the House may know exactly what they are?
I am not sure that this is the appropriate time. There are some minor and technical flaws, but my hon. Friend the Member for Enfield North has made his case and the House will have to consider what he has said and decide what it wishes to do. Regardless of the fate of my hon. Friend’s new clauses, I hope that the Government’s new clauses, new schedule and amendments will find favour with the House.
I will take a different approach from the Minister’s and address the majority of my remarks to new clauses 6 and 7; I shall discuss the Government’s clauses at the end of my speech. I welcome this debate and the chance to discuss a subject important to all hon. Members—perhaps particularly to those with constituencies in London, where almost half of knife-related offences take place. Knife crime is one of the most serious and intractable criminal justice issues, and one that often leaves irrevocable damage in its wake.
In my own borough of Hammersmith and Fulham, we have seen more than 800 knife crime incidents since 2010, with tragic consequences for the victims and their families. In London as a whole, that figure is closer to 40,000. In 2013-14, more than 50% of all murders in London were committed with a knife. Knife crime is not just an issue for London and other major cities: it is a national menace. Nearly a third of adult offenders currently receive an immediate custodial sentence. New clauses 6 and 7 would impose what has been referred to as a mandatory minimum custodial sentence on those convicted of a second knife possession offence. For those aged 18 and over, it would be six months; for those aged 16 to 18, it would be a four-month detention and training order.
Contrary to press reports, and statements made by the Deputy Prime Minister, the new clauses would permit judicial discretion, and that is key to our support. Subsection (2B) of new clause 6 states that
“the court must impose an appropriate custodial sentence…unless…there are particular circumstances”—
those are the words, rather than “exceptional circumstances”—
“which…relate to the offence or to the offender and…would make it unjust…in all the circumstances.”
It would also be a defence to the new offences if possession were with lawful authority or reasonable excuse. This measure should not be seen as a catch-all solution.
In light of the current overcrowding crisis in the prison system, The Guardian reported today that the Lord Chancellor will be unable to implement his legislation, if passed, for at least a year; his reverse King Midas touch extends, it seems, to all areas of the criminal justice system.
As the hon. Lady will understand, I will not have a chance to sum up this debate, so I will respond now, if she will forgive me. I hope that she will look carefully at our “Transforming Rehabilitation” proposals. Part and parcel of those proposals is that young and older people should have support that starts before they leave custody and sees them through the prison gate and out into the community. Many people who receive sentences for the knife crime offences that she is describing have custodial sentences of less than 12 months. As she will appreciate, no licence or rehabilitation automatically applies to such sentences at the moment. We have already changed that and the “Transforming Rehabilitation” proposals will support that.
I am grateful to the Minister for those remarks. However, most people would still agree that the level of reoffending in our society is too high. I am pleased that the Government are taking those positive steps, but I know that he will agree that there is still much more to do.
To conclude, this is a difficult issue but, on balance, I believe that the new clauses tabled by the hon. Member for Enfield North should be supported in the Division Lobby this evening. I will certainly support them.
I do not doubt for a moment the sincerity of the hon. Gentleman’s objectives. He may well have a very good point on the deficiencies in joint enterprise law. But the point I was trying to make to him earlier—perhaps in too Sir Humphrey-ish a way—was that what he would actually achieve with new clause 35 is almost the direct opposite of what he wants. The problem he will face, if this were to become the law, is that people who can be prosecuted now under the Act will not be able to be prosecuted because he is replacing a requirement that someone knew what was going on but did not need to be there with a requirement that they were there at the time. That is the problem.
If the Minister had listened when I explained the case of Donald Banfield, he would know that it was pretty obvious that the mother and daughter were there. Everybody accepts that, yet those women are still walking free, and it seems that the Minister is not prepared to do anything about it.
Finally, new clause 36 would decriminalise insulting words and behaviour. Courtesy of the Crime and Courts Act 2013, section 5 of the Public Order Act 1986 was amended to remove the word “insulting”. As of 1 February this year, it has not been an offence to use insulting words or behaviour contained within a section 5 charge. The law change did not, however, affect sections 4 and 4A of the same Act. I was delighted that the word “insulting” was removed from section 5 of the 1986 Act, but I think it must follow that it should be removed from all sections of it. If we are to be consistent, why not? Section 4A is very similar to section 5, and I would like to see all references to “insulting” removed from the legislation. I have focused on this particular issue for the purpose of today’s debate on the amendments. The word “offensive” would remain; only the word “insulting” would be removed. As the Minister said, section 4 needs to be coupled with the threat of violence, whereas someone can be found guilty of an offence by intentionally insulting someone under section 4A and could be sent to prison for six months.
I am not alone in wanting this change. The Joint Committee on Human Rights said in its report of October 2011:
“We also support the amendment of the Public Order Act to remove all reference to offences based on insulting words and behaviour. This would enhance human rights and remove the possible incompatibility with the right to freedom of expression.”
Peter Tatchell—an unlikely ally of mine, Madam Deputy Speaker—said:
“Section 4A of the Public Order Act is sufficient to convey all the exceptional circumstances requiring prosecution (although its criminalisation of mere insults should also be repealed for the afore-mentioned reasons).”
I believe that it is totally unacceptable in a supposedly free country with alleged free speech that we should have any reference to the term “insulting” in the laws of our land. I think most people are fed up with political correctness, so abolishing any further criminalisation of insults would be a great step to restoring faith in this place, showing that Britain is a country where free speech is cherished. A ComRes poll showed that 62% of people did not believe that the state should ever criminalise insults—a viewpoint supported by Liberty and the National Secular Society.
I think these are important matters, but I do not intend to press the new clauses to a vote. I am appalled and depressed, however, that the shadow Minister thinks all of these issues that affect people’s lives are not even worthy of consideration. He should be ashamed of himself; I look forward to his apology at some future point.