Points of Order

Jeremy Wright Excerpts

Tuesday 5th February 2013 Commons Chamber

[Mr Speaker]

Even if something is extraordinary, that does not necessarily render it disorderly. It is not a matter for the Chair; it is a matter between the Minister and the Member. The hon. Gentleman has made his point. If the Minister wants briefly to respond, he can.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

I am very grateful, Mr Speaker, because I want to ensure, in the interests of clarity, that the hon. Gentleman understands what I have just said: once he and his colleagues have worked out what it is they want, I am very happy to meet them.

[Mr Speaker]

I hope there is just a possibility of an outbreak of harmony, but as the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) is on his feet I somewhat doubt it.

Youth Justice Board Triennial Review

Jeremy Wright Excerpts

Tuesday 8th January 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

In March 2011 the Government responded to the Public Administration Select Committee report “Smaller Government: Shrinking the Quango state” setting out the coalition’s plans for reforming the public bodies sector. It includes the requirement to undertake triennial reviews of Executive and advisory non-departmental public bodies (NDPBs).

The Youth Justice Board is an Executive non-departmental public body of the Ministry of Justice established in 2000 by the Crime and Disorder Act 1998. Its principal aims are: monitoring the operation of the youth justice system in England and Wales; advising the Secretary of State for Justice on the operation of the youth justice system, national standards, and on how to prevent offending by children and young people; making grants to youth offending teams and other organisations to support development and delivery of good practice; placing young people in custody; and providing secure accommodation for both remanded and sentenced children and young persons.

To deliver the coalition Government’s commitment to transparency and accountability the Youth Justice Board will be subject to a triennial review. As part of the triennial review process, the Ministry of Justice, as the sponsoring Department, has today launched a consultation which will last until 15 February 2013 inviting views. The review will be conducted fully in line with Cabinet Office guidance: “Guidance on Reviews of Non Departmental Public Bodies” and will consider the following:

the continuing need for the Youth Justice Board to carry out each of its functions in their current form; and

where it is agreed that the individual functions should remain, to review the control and governance arrangements in place to ensure that the public body is complying with recognised principles of good corporate governance.

In conducting the triennial review, officials will be engaging with a range of stakeholders of the Youth Justice Board. In addition, the triennial review will take into account evidence collated during previous reviews where still relevant.

In 2011, the Government decided not to pursue abolition of the Youth Justice Board as part of the Public Bodies Act 2011, re-stating their commitment to maintaining a distinct focus on the needs of children and young people in the youth justice system. It is against this backdrop that this triennial review is taking place.

The final report and findings will be laid in this House.

Oral Answers to Questions

Jeremy Wright Excerpts

Tuesday 18th December 2012 Commons Chamber

[Roberta Blackman-Woods (City of Durham) (Lab)]

4. What recent assessment he has made of the effectiveness of the probation service.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

As Minister with responsibility for probation, I have had the opportunity to see the hard work and dedication of many probation officers and I do not think the probation service always gets the credit it deserves for helping to keep the public safe. Probation officers will continue to have a key role. However, reoffending rates are still too high and we need to explore new ways of delivering rehabilitation and reducing reoffending.

[Roberta Blackman-Woods]

I am sure that the Minister is aware of the most recent report from the inspectorate of probation, published today, which shows that vulnerable and troubled young people are not being adequately supported by the care or probation system. How will the Minister respond to the serious resource issues raised in that report?

[Jeremy Wright]

The hon. Lady is right to draw attention to that report, which deals with the interests of children who have been in care. We will study it in detail and respond accordingly, but the report makes the point that this is not simply about money—it is also about attitudes. A great deal of work needs to be done to ensure that we meet our very important responsibility to those children who have been in care, who have particular requirements. We will consider the report and respond accordingly.

[Mr Crispin Blunt (Reigate) (Con)]

One of the particular pleasures that I had as Minister with responsibility for probation was to attend the awarding by the British Quality Foundation of the gold medal to the probation service. I know that the Minister and his colleagues are preparing exciting proposals with great opportunities for the development of probation as a profession, but further measures will be needed to support that, which I hope he will consider alongside the proposals that he will announce in due course.

[Jeremy Wright]

I am grateful to my hon. Friend, who knows of what he speaks. The important point is that we need to recognise the achievements and the contribution of probation officers, alongside making sure that we introduce new and good ideas into the process of rehabilitating offenders. I will consider carefully what he has said and we will look at what we can do along the lines that he suggests.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

Will the Minister confirm that it is his Department’s intention to brief the press this afternoon at 4 o’clock on possible privatisation of the probation service, a day in advance of advising the House?

[Jeremy Wright]

The right hon. Gentleman will have to wait and see exactly what we propose and exactly when we propose it, but what he has just described is not going to happen.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Does the Minister agree that the new court and probation service delivery model, by which probation staff have to provide a statement on the day that a plea is taken, ensures that we get a swift, transparent response on the day?

[Jeremy Wright]

I certainly agree that we want to ensure that justice is swifter and that where possible the probation service produces reports as quickly as it can. My hon. Friend will know from his experience of practising in the courts that probation officers often produce reports in very short time frames, which I am sure is of great assistance to the courts and to be commended.

[Sadiq Khan (Tooting) (Lab)]

I echo the words of the hon. Member for Reigate (Mr Blunt)—there cannot be many times when I have said that—and the Minister who commended the probation service for its fantastic work, which was recognised last year by the British Quality Foundation gold medal for excellence. Can the Minister confirm that the much delayed probation review will not be announced this week, as mentioned by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd), and will not lead to the break-up of the excellent probation service or its privatisation?

[Jeremy Wright]

This is a good time of the year for patience and I urge the right hon. Gentleman to be patient. It will be important in what we do, first, to recognise the key role of the probation service, as he says, and secondly, to do better than we have done on reoffending. When, as now, 50% of those released from prison reoffend within 12 months and a third of those on community orders do the same, we must look at ways of doing better.

[Henry Smith (Crawley) (Con)]

5. If he will make it his policy that courts will continue to have the power to impose whole-life tariffs for the most serious offences.

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[Mr David Amess (Southend West) (Con)]

19. If he will make it his policy that courts will continue to have the power to impose whole-life tariffs for the most serious offences.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

There is settled policy in England and Wales that some offences are so grave that they are deserving of imprisonment for the rest of the offender’s life for the purposes of punishment and deterrence. The Secretary of State and I take the view that whole-life tariffs should remain an option for sentences in appropriate cases.

[Henry Smith]

What other measures has my hon. Friend taken to ensure that appropriately long sentences can be given by the courts, particularly for violent and serious sexual offences?

[Jeremy Wright]

My hon. Friend is right to be concerned, particularly about those types of offences; they give the public a good deal of concern, too. That is why this month we have implemented new sentences, which will allow for a mandatory life sentence for a second serious violent or sexual offence, and for extended determinate sentences for the first or the second offence which is a serious offence and merits it. Those are new sentencing proposals produced by this Government to reflect exactly what my hon. Friend has identified.

[Mr Leigh]

There was some concern that the measure might be struck down by human rights legislation. One of the reasons for all the alienation of people from politics is that they feel that we are no longer in control of our destiny. Will the Minister today proclaim that we are the free Parliament of a free people and it is here that the liberty of the individual is determined, not by some foreign court?

[Jeremy Wright]

The good news for my hon. Friend is that on this issue at least we are in agreement with the European Court of Human Rights, because it has upheld our view that whole-life tariffs are an appropriate disposal in the right cases. Let me make it clear to him—I think that I also speak for the Secretary of State—that for as long as we are Ministers in the Department, its policy will remain that whole-life tariffs should be available.

[Mr David Amess (Southend West) (Con)]

In the light of what my hon. Friend has said, will he reassure me and the British public that under this Government the criminal justice system will treat convicted criminals in a firm but fair way?

[Jeremy Wright]

Yes, I can give my hon. Friend that assurance. We are doing two important things in that regard: first, toughening up the sentencing regime so that the right people go to prison for the right length of time; and secondly, ensuring that there is more emphasis on rehabilitation and reducing reoffending. That is the way to avoid the misery that communities incur as a result of reoffending, to avoid making more victims and to avoid extra cost to the taxpayer.

[Jenny Chapman (Darlington) (Lab)]

Simon Crisp groomed boys on the internet and possessed and distributed indecent images of children, and earlier this year he was sentenced to an indeterminate sentence. However, had he been sentenced after 3 December, he would not have received an indeterminate sentence, because the Government have abolished them. Does the Secretary of State think that it is right that, thanks to the Government’s decision, there will no longer be anything anyone can do to keep an offender in prison at the end of their sentence even if they are still a risk to children?

[Jeremy Wright]

Extended determinate sentences, which we have brought in to replace IPPs, can include an extended period of supervision at the conclusion of a custodial period. We have done that to deal specifically with cases that cause great concern, such as sexual and violent offences. The hon. Lady is right to be worried, but she is wrong to suggest that no provision has been made to replace what IPPs did.

[Mr Marcus Jones (Nuneaton) (Con)]

6. What steps he is taking to reform the rehabilitation of offenders by supporting people leaving prison who have served less than 12 months.

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[Philip Davies (Shipley) (Con)]

9. If he will take steps to ensure that prisoners serve full sentences as handed down by the courts.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

As my hon. Friend knows, prisoners are released in accordance with the legislation laid down by Parliament, and Parliament has consistently taken the view that most custodial sentences should be served part in custody and part under supervision in the community. Sentencers are fully aware of this when determining the appropriate length of sentence in each case. However, the good news for my hon. Friend is that on 3 December the Government implemented changes which will mean that some of the most dangerous offenders may serve their custodial terms in full.

[Philip Davies]

I am grateful to my hon. Friend for small mercies. However, according to the Ministry of Justice, somebody sentenced to prison for six months can be released within six weeks, somebody sentenced to prison for a year can be released within three months, and somebody sentenced to prison for two years can be released after just seven months. Does my hon. Friend think that that carries the confidence of the public at large, and if not, what does he intend to do about it?

[Jeremy Wright]

The principle of some of a sentence being served in the community is, as we have discussed before, in my view a good one, because it enables us to have a hold over the individual when they come back out into the community. However, my hon. Friend will be pleased to learn that I am looking at ways in which early release in certain circumstances can be earned rather than automatically granted.

[Geraint Davies (Swansea West) (Lab/Co-op)]

11. What his policy is on sentencing guidelines for the most serious and violent offenders.

[Emma Reynolds (Wolverhampton North East) (Lab)]

18. What his policy is on sentencing guidelines for the most serious and violent offenders.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Severe maximum penalties are available for the most serious and violent offenders. Sentencing guidelines are a matter for the independent Sentencing Council. Guidelines provide non-exhaustive lists of common aggravating and mitigating factors, and courts retain discretion to treat the particular circumstances of individual cases.

[Geraint Davies]

There is significant concern in Swansea about violent offenders being let off lightly, because the prisons are over-full with people who do not pose a significant risk to the community and because magistrates and judges are being pressurised to reduce costs. Will the Minister ensure that enough investment and priority is given to keeping violent offenders in jail for long enough that they are rehabilitated and do not go out and reoffend?

[Jeremy Wright]

I can assure the hon. Gentleman that we are very keen to see that violent offenders serve appropriate sentences. The length of sentences is going up and not down. He is not right to suggest that prisons are over-full. There is still capacity within the prison system to take those who ought to be there. I remind him that the only Government in recent history who had to let offenders out of prison because they ran out of space were the previous Labour Government whom he supported.

[Emma Reynolds]

In July, a young constituent of mine tragically lost his life when he was fatally stabbed outside a nightclub in Wolverhampton. Although I understand that the Government have introduced minimum sentences for those who threaten people with knives, will the Minister consider introducing tougher and clearer sentences for those criminals who maim and kill people with knives?

[Jeremy Wright]

I understand exactly what the hon. Lady has said and my sympathies go to her constituent’s family. It is right that we look again at the range of sentencing options available for offences involving knives. This is an endemic problem and one that we need to tackle, particularly among young people who persist in the wrong belief that they are safer carrying a knife than being without one. We have to look at this again and we will.

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[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

14. What progress he is making on providing work for prisoners.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Getting more prisoners working longer hours is a key priority for the Government. Enforced idleness does nothing to help prisoners lead law-abiding lives on release. The hon. Gentleman will be pleased to hear that we are making good progress. Last year, public sector prisons delivered more than 11.4 million hours of work in production and service areas—an increase of 800,000 hours on the previous year’s figures.

[Jonathan Reynolds]

PVC Recycling in my constituency runs a groundbreaking scheme in conjunction with the Prison Service and provides offenders with paid work for sorting through plastic composites. I am told that those skills are much in demand in the private sector when people finish their sentences. The work stops a huge amount of material going to landfill or being exported to the developing world. Will the Minister look at whether that scheme can be expanded, because I am told that there is considerable scope for expansion to prisons across the country?

[Jeremy Wright]

Yes, I will certainly look at that. We are keen to see the expansion of exactly that kind of work, for the reasons the hon. Gentleman gives. It is good for prisoners because they learn the hard skills of a trade and the softer skills of going to work in the morning and working a proper day, and we all benefit if offenders have the skills they need to ensure that they do not reoffend on release. I will look at what he has described. If we can find a way of expanding it, we will.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

Does my hon. Friend agree that it is entirely right to make prisoners work, and that the enforced idleness that there has been in prisons has to be reversed because that will lead to prisoners getting gainful employment on release?

[Jeremy Wright]

I agree entirely with my hon. Friend. It is right, and it is what the public expect, that prisoners do something productive while they are in custody, rather than simply sitting around in their cells. That could involve a range of things such as work, education or drug treatment, but he is right that his constituents and mine would expect them to be doing something.

[Mrs Mary Glindon (North Tyneside) (Lab)]

15. When he expects to announce the Government’s response to the consultation on the future of the probation service.

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[Simon Wright (Norwich South) (LD)]

T3. Will the Secretary of State seek to make an example of some of the best practice work experience schemes for serving prisoners such as the big society award-winning custody and community project at Norwich’s Chapelfield shopping centre, which is highly effective in cutting reoffending?

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

I certainly agree with my hon. Friend that we want more prisoners to have experiences, such as the one he mentions, in the right controlled conditions, and we want to make sure, as I said, that prisoners have experience of work as well as of work experience.

[Ian Lucas (Wrexham) (Lab)]

T6. The prisons Minister recently met council leaders from north Wales to discuss the long-standing issue of a prison in the area. Will he meet north Wales Members of Parliament to keep them in the loop on his thinking, or does he intend not to keep them informed?

[Jeremy Wright]

As I recall, almost all the council leaders who came to see me on that occasion were Labour council leaders, so I am not sure whether the hon. Gentleman has a communication problem with his own councillors. This is going to be part of a much wider consideration of the prison estate that we will undertake. As soon as we are in a position to make decisions we will attempt to keep informed all those who need to be informed.

[Jessica Lee (Erewash) (Con)]

T4. At this time of year, our thoughts often turn to those who are living on their own and are more vulnerable. Will my right hon. Friend set out what support is being offered to groups such as the Erewash community safety partnership in their fight against antisocial behaviour and to the efforts of all to bring the perpetrators of antisocial behaviour to the justice they deserve?

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

T8. I know that the Minister responsible for probation has had the opportunity to visit Manchester and see for himself the intensive alternative to custody programme, which is co-ordinated by the Greater Manchester probation service and has achieved significant reductions in the rate and seriousness of offending. Will he and the Secretary of State make a clear commitment that, under the new commissioning arrangements, whenever they are announced, that tremendously important initiative will continue?

[Jeremy Wright]

I am grateful to the right hon. Gentleman for raising that, and I certainly enjoyed my visit to Manchester, where I could see that a great deal of good work was being done. He can take reassurance from the fact that the system we will roll out will reward those things that work. If the intensive alternative to custody programme is as effective as it appears to be, it will work and it will be rewarded.

[Mr Dominic Raab (Esher and Walton) (Con)]

T5. The Bill of Rights commission report that has just been published has split views on many issues, but a majority think that the status quo is unstable and, interestingly, a majority want further reform of the Strasbourg Court. What reassurance can the Secretary of State give us that he remains committed to defending the House from the creeping usurpation of democratic power by the Strasbourg Court?

[Jim Shannon (Strangford) (DUP)]

Does the Minister agree that an essential part of probation for reoffenders is monitored interaction within the community, and that community service can be a useful tool for reintegration in society?

[Jeremy Wright]

I agree with the hon. Gentleman that we must ensure that prisoners reintegrate. That work should start when prisoners are still in custody and continue through the gate into the community. We want to see more of that and will encourage it in any new system that we design.

[Stephen Mosley (City of Chester) (Con)]

T7. The Under-Secretary of State for Justice, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) mentioned the victims commissioner. Will she update the House on what progress has been made towards the appointment of a victims commissioner, and when that appointment is likely to take place?

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[Andrew Jones (Harrogate and Knaresborough) (Con)]

Will the Secretary of State ensure that charities and voluntary organisations can continue to provide their services for the rehabilitation of offenders?

[Jeremy Wright]

I can certainly give my hon. Friend that assurance. We want to encourage the good work that is already being done by a large number of voluntary and community sector organisations to provide the expertise that all hon. Members want incorporated into the rehabilitation revolution. Yes, we want to see more of that.

[Mr George Howarth (Knowsley) (Lab)]

The Secretary of State seemed to confirm a moment ago in a reply to the hon. Member for Witham (Priti Patel) that the legal aid bill for Abu Qatada came to half a million pounds, as has been reported in the newspapers. Will he therefore explain why he refused to provide that figure in a written answer to me last week?

Literacy and Drugs (Custodial Sentences)

Jeremy Wright Excerpts

Wednesday 12th December 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

It is a great pleasure to respond to the debate, and I congratulate my hon. Friend the Member for Hexham (Guy Opperman) on securing it.

The debate is not only important but timely, because the Government will soon be publishing our plans to make a radical change in how we support the rehabilitation of offenders. My hon. Friend is rightly concerned with that new focus on rehabilitation both in this debate and in his excellent book “Doing Time: Prisons in the 21st Century”—no doubt available in all good booksellers and an excellent stocking filler. I congratulate him. He has eloquently set out today the issues that face us in tackling offenders’ problems with literacy and substance misuse. Both are significant causes of offending and reoffending.

I agree with much of what my hon. Friend suggests, but let me respond in detail to some of the specific issues that he and others have raised in this debate and elsewhere. Let me start with his suggestion that the courts should mandate participation in literacy programmes and drug treatment. The courts already play an important role in framing the content of community orders and suspended sentences. Informed by pre-sentence reports and medical evidence, the courts can use treatment requirements to address drug addiction. They can also impose programme or activity requirements that might involve literacy courses. My hon. Friend suggests that offenders sentenced to custody should be compelled into education, that early release could provide an incentive for completing courses and that offenders entering custody with drug problems should be compelled to receive treatment.

In his book, my hon. Friend acknowledges—I agree with him—that using sentencing in that way is “admittedly difficult”. It is important to remember that drug treatment ordered by a court would be lawful, or effective, only if it happened with the offender’s consent. That is how drug rehabilitation requirements work at present.

Equally, we need a release framework that operates fairly for all offenders, whether or not they are literate on arrival in prison. That said, I want to ensure that prisoners have incentives to engage in positive and constructive activity during their time in custody. For example, I am reviewing privileges in prison and the rules that currently apply to them. In this and other areas of policy, I want to ensure that we have a system that encourages offenders to engage with the support we offer, as my hon. Friend said.

On literacy, my hon. Friend mentioned his experience as a barrister dealing in criminal law—an experience I share, so I ought to declare my interest as everyone else in the debate has, although the last time I received any legal aid fees was even longer ago than he did. From my experience, I am aware, as he is, of the difficulties that many prisoners have with basic reading and writing. Many prisoners also experience a range of other barriers to learning, whether they be mental illness, poor thinking skills, communication difficulties, sight and hearing problems or previous negative experiences.

We are placing a strong focus on assessing prisoners’ learning needs and when a literacy need is identified, it will be addressed as a matter of priority. My hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) mentioned other learning difficulties, dyslexia among them, and was right to identify that as a significant issue among the prison population. We make every effort to identify that as early as possible, and learning providers in particular have a responsibility to do so.

Other things are being done to target prisoners with literacy problems, and to incentivise them to address those issues. We are working with education providers to develop engaging and motivating courses to target resistant learners particularly. Those courses will be marketed by prison staff as part of the prison induction process.

My hon. Friend the Member for Hexham talked about the Shannon Trust, and he is right to recognise its significant contribution. I fully support its work, and have met its staff for discussions, and I am sure I will do so again. We are committed to the use of peer mentors to support reading schemes such as its Toe by Toe project, and my officials are looking at how prison staff can better support its work. My hon. Friend is right to identify peer mentors as a significant step forward in dealing with prisoners who do not, as he said, want to admit their literacy problems.

[Guy Opperman]

Does the Minister accept that there is a potential role for long-term prison inmates—prisoners in prison—to be peer mentors to other prisoners who have just arrived and need literacy or other courses? Clearly, the people prisoners trust most are other prisoners, and that is no disrespect to individual staff.

[Jeremy Wright]

Yes, I agree. That is absolutely right, and it is very much what happens now, although we would like it to happen a lot more. The Toe by Toe project particularly is a good example, but there is considerable scope for more peer mentoring, and for more established prisoners helping those who are newly arrived—not only with reading and literacy, but across a whole range of other things. I have seen very good examples of that, and I want to see more. Prisoners often find that working with carefully selected and trained peer mentors—they must be that—can be much less threatening than the classroom environment.

There is a problem, as my hon. Friend said, with shorter sentences, and the difficulty of addressing such problems over a short time frame. That is why we are piloting intensive maths and English courses in prisons, similar to those used by the Army, particularly to address the needs of prisoners serving short sentences.

We have also focused on vocational training and preparing prisoners for employment during their final year in prison. Those courses are closely linked to developing the skills needed by employers in the areas in which offenders will be released.

[Guy Opperman]

May I take the Minister back to consent? He said that it would be difficult to impose conditions on a judicial sentence attached to custody without consent. Indeterminate sentences for public protection were introduced in that way, and it is also the case with community orders, so there is no fundamental principle between a community sentence and a sentence on licence, both of which exist with a condition attached, and a sentence of custody with an imposition of a requirement to carry out these matters. Does he accept that?

[Jeremy Wright]

The issue is practical rather than legal. My hon. Friend will recognise that to get an offender to engage properly, whether they have a drug addiction or literacy problems, they must do so voluntarily, because a compulsory arrangement will not deliver the results that we all want. That is very much the message that I have heard from the Shannon Trust, as he has.

I recognise that there are always opportunities to impose restrictions on offenders, whether in the context of community sentences or licence conditions, but we must seek to incentivise prisoners to do what we know they need to do to minimise their risk of reoffending. That will be partly by persuasion, and partly by ensuring that they are prepared to engage with the provision so that they get out of it what they need. I understand my hon. Friend’s point.

[Rehman Chishti]

Does the Minister have an assessment of how many drug treatment and testing orders were given in the last two years, and how many were successfully completed?

[Jeremy Wright]

My hon. Friend will not be surprised to hear that I do not have the figures immediately to hand, but I am sure that we can get them to him. Inevitably with the regime for drug treatment, which I will come to in a moment, we need greater engagement and better results. We are working as hard as we can to achieve that.

I have talked a little about education. We are doing other things, which I do not have much time to go through, but I draw attention to the virtual campuses in 101 prisons, which provide an opportunity for prisoners to learn with carefully controlled access to a suite of web-based education and employment materials. We must recognise that we need greater scope to broaden the learning offer, to alert prisoners to job vacancies in their release area, to make the process of learning much more akin to that experienced in the outside world, and to give prisoners the experience of using IT.

My hon. Friend the Member for Hexham referred to drugs, and I agree that there are two priorities for the Government and the National Offender Management Service. First, we must stop drugs from entering prisons and secondly we must get offenders off drugs and keep them off drugs. He is right to highlight the fact that the demand for drugs in prisons is far greater and more concentrated than anywhere else in society. The high demand and limited supply of drugs creates prices five to six times higher than in the community and represents a lucrative market. That is why prisons are targeted by organised crime groups using sophisticated smuggling methods. Despite rigorous prison security measures, drugs can penetrate prison walls.

I acknowledge that, as my hon. Friend said, some prisoners will try a drug in prison that they have not used before, but they may have been using other drugs in the community—perhaps they have been taking crack cocaine or heavily abusing alcohol—that they substitute with that new drug.

I assure my hon. Friend that we are committed to improving the situation, and we are making progress. Particular initiatives have included an increase in drug-free prison wings where increased security measures prevent access to drugs. I am pleased that my hon. Friend, as he says in his book, supports these measures.

We are trialling drug detection technology and using technology to deny signals to illegal mobile phones in prisons, which are often associated with drug supply. We are also pursuing the roll-out of a networked prison intelligence system to help prisons to stay one step ahead of those seeking to breach prison security. As a result, fewer prisoners are testing positive for drugs than at any time since 1996. Around 7% of prisoners test positive for drug misuse when they are in custody, which is a considerable fall from the 64% who used drugs in the four weeks before custody.

My hon. Friend talked about the opportunity to test when someone goes into custody and comes out. Those are fixed points, and I understand their significance, but he will recognise that we must make sure that prisoners do not use drugs at any time throughout their sentence, and mandatory, random drug testing is useful in that.

As well as keeping drugs out of prison, we want to deliver a rehabilitation revolution that helps to transform the lives of offenders and ensures that they do not return to a life of crime after their sentence. Reshaping treatment services in prisons and the community is at the heart of the Government’s intention to get more people free of their dependence, ready for work, and with somewhere to live. Our objective is to move towards a fully integrated, recovery-orientated system that supports continuity of treatment within and between custody and community. That includes piloting 11 drug recovery wings focused on abstinence, and connecting offenders with community drug recovery services on release.

My hon. Friend will recognise the importance of ensuring that whatever is done with drug treatment in prison, it is important to have continuity through the gate to what goes on in the community. That is also the case for prisoner education. We want to ensure that all our plans recognise that through-the-gate facility.

I thank my hon. Friend for his contribution not only to today’s debate, but to the more general discussions of these issues. I look forward to engaging further with him and others, and I hope that he will be encouraged by the plans we are developing and will shortly introduce.

[Sir Alan Meale (in the Chair)]

I congratulate the hon. Member for Hexham (Guy Opperman) on using not only his time, but the time left over from the previous debate.

Question put and agreed to.

Prison Service Pay Review Body

Jeremy Wright Excerpts

Wednesday 5th December 2012 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

The Prison Service Pay Review Body (PSPRB) report on local pay 2012 (Cm 8488) has been laid before Parliament today. The PSPRB makes recommendations on remuneration for governing governors and other operational managers, prison officers and unified support grades within its remit in the England and Wales Prison Service.

This report is in response to the Chancellor of the Exchequer’s request for the PSPRB to consider how to make pay more market-facing in local areas for staff within its remit group. Copies of the report have been placed in the Vote Office, the Printed Paper Office and the Libraries of both Houses. I am grateful to the chair and members of the PSPRB for their hard work in producing this report.

The PSPRB recommendation on local market-facing pay is as follows:

The reforms as set out in “Fair and Sustainable” should be implemented in full before consideration of any additional local pay flexibilities.

The Government have accepted the review body’s recommendation, which is consistent with Government proposals, that the new pay arrangements in “Fair and Sustainable” should be given time to “bed in” before consideration of any further local pay flexibilities.

Dyslexia (Prisons)

Jeremy Wright Excerpts

Wednesday 21st November 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

I congratulate my hon. Friend the Member for Castle Point (Rebecca Harris) on securing this debate on a very important subject. I am grateful to her, too, for introducing me to the work of her constituent, Jackie Hewitt-Main. I look forward to meeting her and my hon. Friend on 5 December to discuss this matter further.

It is clear that Ms Hewitt-Main’s project, “Dyslexia Behind Bars” contains some interesting approaches to a substantial problem. Using a multi-sensory and mentoring approach, she has offered a great deal to the inmates of Chelmsford prison, and there is a great deal there that we will wish to explore. As far as I know, this work has not yet been assessed or reviewed by an independent organisation and although its initial results are promising, further work will be necessary to ensure that they are as good as they appear to be. It seems sensible to explore with my hon. Friend the ways in which we can change things to improve what is on offer.

It is also worth saying that the National Offender Management Service is considering a review of the evidence on effective working with offenders with learning difficulties and disabilities, and I will come back to what is already being done in a moment.

The particular areas of Ms Hewitt-Main’s work that my hon. Friend highlighted, and that are particularly interesting in the context of what my hon. Friend said we are doing more generally in the Justice Department, include peer mentoring. I have seen very good examples of peer mentoring in the prison system, with older, more established prisoners assisting younger and newer prisoners in a variety of ways. The work that my hon. Friend described is only one of those ways.

As my hon. Friend also said, teaching and learning in a non-classroom environment are important. We must recognise that the classroom environment did not work for a great many of the prisoners we are talking about at school, and it probably will not work for them in custody either, so we have to find new and imaginative approaches that, as she said, involve the whole prison.

It is also worth noting that, as I understand it, Ms Hewitt-Main’s programme involved some mentoring of people after they leave prison. As my hon. Friend will have picked up from the speech yesterday by my right hon. Friend the Secretary of State for Justice, that is also an area on which we wish to focus.

It may be helpful if I set out some of the work that is already being done, at which we are having another look to ensure that it is being done in the best possible way. Since taking up this post, I have been very keen to ensure that the importance of learning and skills within the prison estate and beyond is high on the agenda. Indeed, my hon. Friend will have noted that the Prime Minister also mentioned learning and skills in his recent speech on offenders.

In particular, of course, the low levels of literacy and numeracy among prisoners as a group should concern us all, not only because of the impact on those individuals and their ability to function in a world where reading and writing are essential skills, but because a lack of sufficient literacy and numeracy skills excludes people from the vast majority of employment opportunities. I am sure, as are many others, that having a job can make a significant impact on reducing reoffending, and that skills such as organisation, communication, teamwork, writing, speaking and listening are necessary to perform effectively in most, if not all, work roles.

Prisoners with dyslexia are, of course, disadvantaged in that respect, not only because dyslexia presents them with particular issues in terms of competence in reading and writing, but because dyslexia is recognised as impairing organisational skills. My hon. Friend obviously has a clear personal perspective on dyslexia and its effects, which has been extremely valuable in the debate.

Of course, engaging with prisoners on learning and skills can be difficult, as my hon. Friend recognised. Some prisoners may have had negative experiences in their education and even been excluded, and consequently they see little value in education. Statistics that I have seen recently suggest that nearly half of prisoners identified themselves as having left education with no qualifications at all. Dyslexia magnifies that problem. It can be very difficult to recognise and is often masked. Not all schools will have had the specialist provision to support children and young people who have this difficulty.

Since reading and writing are “gateway” skills that enable children and young people to engage confidently with their wider educational experience, as well as in many basic social relationships, poor educational experiences can create reluctant learners. The experience of being excluded from positive experiences of learning to read, write and communicate more widely remains with many prisoners into adulthood. That presents an additional challenge in custody, where engaging with reluctant learners can be particularly difficult if memories of the classroom act as a barrier to taking the opportunities that education can provide.

Dyslexia is only one condition in a range of learning difficulties and disabilities that prisoners may present with, and that require specialist and systematic approaches. We need to provide as much support as we can to prisoners with LDDs, to improve their chances in the workplace as well as their confidence, self-esteem and social skills. Without dedicated input, the impact of much learning support in reading and writing may be reduced or lost.

The NOMS learning disabilities and difficulties working group exists to oversee the national implementation of an LDD screening process for prisoners, and to develop a broader LDD strategy across prisons. Apart from various officials from NOMS, membership of the group includes officials from the Department of Health, the Department for Business, Innovation and Skills, and the Prison Reform Trust. I welcome, as I am sure my hon. Friend does, the contribution made by the group, as these issues can be resolved only by partners across Government and the voluntary sector working together. The group is involved in the development of NOMS guidance for better outcomes for offenders with LDDs. It is also developing guidance on reasonable adjustments for prisoners with LDDs, to ensure that they are integrated into the prison community and that they have the best opportunity to participate in activities that support their rehabilitation. Further commitments for the current year include improving staff awareness, as well as prisoner and peer training.

Returning to a point that my hon. Friend made about the crucial importance of our knowing how many people in prison have dyslexia and other learning disabilities, a learning disability screening questionnaire has been piloted on three sites, and NOMS is considering whether it should be used across the prison estate. The Youth Justice Board is using a similar tool—the comprehensive health assessment tool—with young offenders. That will go some way towards addressing the point that she raised and on which my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) focused: identifying the number of people we are dealing with.

My hon. Friend and also mentioned the Skills Funding Agency and its hidden disabilities screening tool, which of course identifies issues wider than LDDs. It has been used by all the SFA’s custodial Offender Learning and Skills Service providers since August 2009. Our aim is that this tool will eventually be adopted and used by all OLASS providers, both in custody and in the community, and ultimately by all mainstream providers.

We are also making radical changes to the way that learning and skills are delivered in prisons, which will encompass the support that we want to be made available to all prisoners with LDDs. As part of that radical programme of change, we have published a document that my hon. Friend the Member for Castle Point may have seen—if she has not seen it, I commend it to her—called “Making prisons work: skills for rehabilitation”. That is the new offender learning strategy, which was published jointly with BIS. The strategy recognised that improving prisoners’ literacy skills was central to rehabilitation, as we have discussed today, and we are taking steps to ensure the implementation of the report’s recommendations.

To give an idea of the scale of the problem that literacy and numeracy difficulties present in prisons, in the academic year 2010-11 almost 30% of prisoners had such low levels of reading and writing skills that, in order to bring them up to a basic functional level, individual learning aims for literacy and numeracy had to be set for them. Overall, 65% of prisoners enrolled on literacy and numeracy programmes were successful in achieving the literacy and numeracy functional skills goals that had been set as part of their individual learning plans. For some, it meant learning to read and write, while for others it meant improving their basic literacy and numeracy so that they could operate with more confidence and competence.

The revised Offender Learning and Skills Service, which is OLASS 4, was implemented as a result of the “Making prisons work” strategy, and it will make additional provision against assessed need. OLASS 4 requires education providers to identify the support needs of offenders with LDDs or special educational needs through a learning difficulty assessment, or LDA. Requirements identified through the assessment should be addressed through personalised, customised programmes delivered by specialist qualified staff. My hon. Friend will recognise the importance of that approach, because not all offenders have identical needs. OLASS 4 providers understand, and are able to deliver, the specific and systematic approaches to learning that are required by prisoners with such difficulties.

Crucially, however, through OLASS 4 and the work that we are doing more widely with other Departments, we are more strongly linking skills to employment, and I believe that there is still more work to do in that regard. Arrangements are also in place to allow OLASS 4 providers to draw together funding to support prisoners with LDDs, through a specific adult learning support allocation that is designed to match the support that mainstream learners in colleges or training organisations receive. A budget for additional learning support of £7.1 million is available to the OLASS 4 providers, to enable the introduction of specific assessment processes to identify offenders with LDD needs and to provide those offenders with the expert teaching and support that they require.

In addition, my hon. Friend may be aware of the work of the Shannon Trust’s “Toe by Toe” reading scheme, which is also available in prisons. Again, this scheme uses peer mentors, supported by volunteers, teaching staff and prison officers, and it is based on best practice developed through teachers’ experiences of enabling children with dyslexia to read. That is enormously beneficial to many offenders.

In conclusion, I welcome today’s debate, and I thank my hon. Friend for raising this issue. I assure her that, although we believe that much good work is being done already, there is still a great deal more to do, and we are certainly open to new and good ideas, including those that I look forward to discussing with her and her constituent.

Oral Answers to Questions

Jeremy Wright Excerpts

Tuesday 13th November 2012 Commons Chamber

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

14. What plans he has to increase public confidence in community sentences.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

The Government are determined to ensure that community sentences deliver punishment, rehabilitation and reparation. We are legislating to require courts to include a punitive element in every community order, as the public would expect, and to enable the electronic tracking of offenders.

[Mr Ruffley]

I hope that Justice Ministers will not go soft on introducing an element of shame and real punishment in these new community penalties. I am told that under community payback offenders might wear a yellow vest with the words “community payback” on the back, and that these can be removed if the probation staff think it appropriate. What we need are community punishments where offenders are in the community with orange dayglo boiler suits with the word “offender” on the back to inculcate some sense of shame and to make these tough sentences, not the soft ones we have had up until now.

[Jeremy Wright]

I have a good deal of sympathy with my hon. Friend. When I have seen community payback in the community, it has been evident that those carrying it out are offenders. They are easily identifiable. That is partly for the reasons he gives, but it is also to ensure that people in the community understand that work is being done to repair some of the damage that these offenders have done in the communities where they are working.

[Andrew Jones]

I have seen work done in my constituency as part of community sentences tackling projects that would otherwise not have been done, thus benefiting communities and, in particular, reinforcing the merits of work. Does my hon. Friend have any plans to extend the element of work in community sentences?

[Jeremy Wright]

As I said, we will ensure that, whenever a community order is passed, the sentencer will impose at least one element of punishment. That is what the public would expect. One element of punishment could be community work of the sort my hon. Friend described. It is important that there is a good channel of communication between the community and the organisations within it, and the probation service and those administering community payback in order to ensure that the work is done where people want it done.

[Christopher Pincher]

Tamworth police, led by Chief Inspector Coxhead, are clear about the potential power of community sentencing and restorative justice, so may I echo my hon. Friend the Member for South Swindon (Mr Buckland) in calling on those on the Treasury Bench to implement with full speed neighbourhood resolution panels, so that communities themselves feel that they have a hand in community sentencing?

[Jeremy Wright]

I am disappointed not to receive an invitation to Tamworth. None the less, my hon. Friend is absolutely right. It is important that we move forward with the work being done in Staffordshire and elsewhere with neighbourhood justice panels. We want to see what work can be done by and in communities to ensure that low-level offences are dealt with appropriately. The broader point about restorative justice is also right. This is an important innovation, and we can get a great deal out of it—mostly for victims, although there are reoffending benefits as well.

[Jack Lopresti]

Can my hon. Friend assure me that community orders will continue to address the problems that have caused—or at least contributed to—offending behaviour in the first place, such as drug abuse, alcoholism and mental health problems?

[Jeremy Wright]

Yes, I can. We are saying that there should be an element of punishment in every community order, unless there are exceptional circumstances, but that does not prevent a sentencer from passing whatever other measures in the order they believe appropriate for the purposes of rehabilitation. My hon. Friend is right to identify some of those, but there are of course many more. This is all about reducing reoffending. That is partly about punishment, but it is also about ensuring that someone does not go right back to the same cycle of offending.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

Work in the community is obviously a valuable element of punishment, but it is quite a crowded field, with various voluntary youth organisations and the unemployed also jostling for that work. What other specific types of punishment does the Minister have in mind? Will he give us a flavour of what will happen?

[Jeremy Wright]

It is first worth pointing out that we have toughened up the work requirement, so we will now expect people sentenced to community payback to go and do it very soon afterwards. We expect them to do it for four days a week and we expect them to do it properly. If they do not, they will have breached the order and there will be consequences. The answer to the hon. Gentleman’s question is that there will be other elements to a community order which can properly be seen as punitive, whether it is a restriction on movement, an exclusion order from certain places or a financial penalty. There is a range of options available to the court, but we think—and I think his constituents would think—that each order should include a punitive element.

[Alison Seabeck (Plymouth, Moor View) (Lab)]

The Minister has talked about potential breaches if—as we would probably expect—an increased number of orders are made. What risk assessment has his Department carried out to determine the likely percentage of breaches, and what would be the impact on the Prison Service of having to find additional places?

[Jeremy Wright]

It does not follow automatically that if someone breaches an order, the penalty would be a period of imprisonment, although that is possible. I think the right thing is to say to people: “If you receive a period of unpaid work as a punishment, we expect you to do it and to do it properly. If you don’t do it properly, you will find yourself back in court, and you may find yourself going to prison.” That is absolutely the right approach.

[Sadiq Khan (Tooting) (Lab)]

I welcome much of what the Minister has said this morning, and I am sure there will be support for it in all parts of the Chamber. The key to effective community sentences is also proper supervision. How will he address the legitimate concern, which many people have, that increasing the use of community sentences at the same time as making cuts in probation could lead to less effective community sentences, with offenders being neither properly reformed nor punished?

[Jeremy Wright]

The right hon. Gentleman will know that we are looking at ways in which we can deliver a better probation service, more rehabilitation for offenders across the board and better outcomes, because this is the key. It is not just about the processes we go through; it is about the outcomes we achieve. We are seeking to reward those who provide rehabilitative services in a way that also reduces reoffending. Doing that will help the offender and the wider community. It is also, incidentally, a good deal for the taxpayer.

[Roberta Blackman-Woods (City of Durham) (Lab)]

4. What progress he has made in developing an evidence-based policy to reduce reoffending.

--- Later in debate ---

[Bob Blackman (Harrow East) (Con)]

16. What steps he plans to take to reduce the number of offenders serving repeated short sentences.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

We recognise that those sentenced to short custodial sentences have high reoffending rates and we are looking to see how best to deliver rehabilitation for this group. By the end of 2015 we intend to apply the payment-by-results approach right across our rehabilitation work with offenders, so that fewer of them, including those who have been sentenced to short terms, return to prison.

[Bob Blackman]

One of the concerns in the wider community is that people get into a cycle of offending, prison and then reoffending. One problem is that the courts are so slow in processing their cases that they cannot be punished in time and be kept inside when they deserve imprisonment. What is the Minister going to do about reducing the time it takes the courts to process reoffenders, and what will he do, too, about extending their sentences?

[Jeremy Wright]

We are keen to see greater efficiencies throughout the criminal justice system, which will assist in addressing the problem my hon. Friend describes. The other issue, of course, is that those sentenced to very short terms—12 months or shorter—have very little assistance or intervention when their period of custodial imprisonment has ended. There is no period of licence, and we want to look at ways in which we can ensure that people in that group, who do offend at very high rates, receive the intervention they need to reduce their reoffending rates.

[David Mowat (Warrington South) (Con)]

17. Whether he has made a comparative assessment of the number of claims for compensation for whiplash injuries in courts in (a) the UK, (b) France and (c) Germany.

--- Later in debate ---

[Andrew Jones (Harrogate and Knaresborough) (Con)]

T4. Does my right hon. Friend have plans to use the opportunities provided by new technology in tracking offenders?

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Yes, we do. It will be important to consider the opportunities that GPS-based technology, in particular, gives us in the monitoring of offenders not just to enforce elements of a community order, such as an exclusion order, but to act as a deterrent for those offenders who might be minded to reoffend.

[Kelvin Hopkins (Luton North) (Lab)]

T2. The Association of Child Abuse Lawyers has expressed great concern about drastic changes to the rules on legal costs that are due in April next year. They believe that those changes could have serious implications for the victims of childhood abuse. Is the Secretary of State aware of those concerns and what does he propose to do about them, especially in view of recent events?

--- Later in debate ---

[Helen Goodman (Bishop Auckland) (Lab)]

Harassment, threatening behaviour and bullying on social media are all increasing. What training has the Department put in place to enable probation officers, magistrates, judges and the court services to deal with that?

[Jeremy Wright]

The hon. Lady is right that it is an increasing problem, and we will want to ensure that all those who have responsibility in this area understand it, and understand the reach of it. Of course, she will be aware that it is a problem that has, sadly, found its way into prisons also, so we want to ensure that we do everything we can to stamp it out, as she says.

[Mr Mark Spencer (Sherwood) (Con)]

T8. I wonder whether the Secretary of State might update the House on discussions he has had with the Home Office about deporting foreign national prisoners straight away when they complete their sentence in the UK.

--- Later in debate ---

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Does the prisons Minister realise that staff at HM Prison Northumberland, who have successfully merged two prisons and earned a positive report from the inspector, are sickened and infuriated that the public sector bid will not go through to the final market testing round because of promises from private sector providers that the Department might lack the capacity to verify?

[Jeremy Wright]

I understand the disappointment that will be felt by those who put in the public sector bid at HM Prison Northumberland but, as I have explained to my right hon. Friend, the difficulty is that the difference between the public sector bid and those we are taking forward to the next round of the competition was substantial, and it would not have been responsible to ignore that gap. However, I also say to him that this is a two-stage process. It will be important that the Government are satisfied that those who go through to the next round of the competition have the capacity to deliver what they say they can deliver, and we will look carefully at the bids in that context.

[Kevin Brennan (Cardiff West) (Lab)]

When my constituent Michael Dye was killed following a single blow at a football match between Wales and England last year, his family expected justice, but when they got to court the sentence that was given came as a complete surprise to them. What more can be done to ensure that the families of victims of crime have a better awareness of the likely sentence the perpetrators will receive in court?

--- Later in debate ---

[Rehman Chishti (Gillingham and Rainham) (Con)]

Does the Minister have an assessment of how curfew orders have been working since their hours and length were increased last year?

[Jeremy Wright]

I will have to check to be certain, but I think that the changes made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have not yet come into force. However, my hon. Friend puts his finger on the opportunity for us to have available not only more hours spent under curfew but curfew orders that last for a longer time. In addition to new technology that will enable us better to monitor offenders, this can be a very effective means of keeping track of those who have committed offences.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Does the Lord Chancellor recall that in the reign of Henry VIII it was made high treason to take an appeal outside this kingdom? Has not the time come for this Parliament once more to legislate to prohibit appeals to foreign courts and to prohibit the judgments of foreign courts leading our judiciary?

--- Later in debate ---

[Jeremy Lefroy (Stafford) (Con)]

Stafford prison was built in 1794 and is one of the cheapest prisons in the country to run. Will my hon. Friend visit Stafford with builders of new prisons to see how it is done?

[Jeremy Wright]

I am sure that those responsible for the building of prisons will always understand that they have more to learn. We all want to learn whatever lessons we can from the excellent construction of Victorian prisons, in particular, as I have discovered in my time touring the estate.

[Bob Blackman (Harrow East) (Con)]

In London, a third of people sent to prison for criminal offences are foreign nationals, yet we have the scandalous position whereby they can apply for British citizenship, while no attempt is made for them to serve their sentences in their countries of origin. What is my hon. Friend doing to remedy this, particularly given that many of those who are finally freed after their prison sentences are then free to come and go?

[Jeremy Wright]

I do not think it is fair to say that nothing is being done about ensuring that foreign national offenders leave the country. As my right hon. Friend the Secretary of State said earlier, we are making considerable efforts to negotiate compulsory prison transfer agreements so that these prisoners do not have the choice of staying in this country. We are also working as closely as we can with the Home Office to ensure that people who have completed sentences leave this country as soon as possible.

Family Justice (Transparency, Accountability and Cost of Living) Bill

Jeremy Wright Excerpts

Friday 26th October 2012 Commons Chamber

[Mr Slaughter]

I see the hon. Gentleman’s point, and no one would disagree that it might be important to have someone to give emotional support to litigants in a time of great stress—most litigation is a time of great stress, but particularly family litigation. I understand the examples he gives, but he does not deal with the problem that occurs in many cases, namely the inequality and imbalance of arms in private family law, let alone in public family law. That problem is not addressed in the Bill.

The third theme is costs. I noticed with interest clause 8(3), on the risk of costs in judicial review proceedings. The hon. Gentleman will be aware that, as a consequence of part 2 of the 2012 Act, no win, no fee agreements will not be available in all cases—they will not be available in judicial review, and nor will qualified one-way cost-shifting. It is therefore very likely that judicial review will be restricted for persons who do not qualify for legal aid. I suggest he looks at draft regulations on the future provision of legal aid, which suggest that all other remedies will need to be exhausted before legal aid is available in public law proceedings in judicial review cases. The Minister is looking up and showing some interest—

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

indicated dissent.

[Mr Slaughter]

Perhaps it was just an involuntary reaction. The Minister might want to consider that point, because those regulations are likely to be debated in Committee within the next few weeks. If we are to have a wholesale restriction not only on those who do not qualify for legal aid, but on those who do, the availability of public law remedies will be severely curtailed. In that respect, the hon. Member for Birmingham, Yardley could have gone some way further on how litigants in family proceedings—we are talking about family proceedings, but it will apply to proceedings more widely—could ensure that they can get access to justice and some protection in costs, particularly when they are up against public authorities.

On the detail of the Bill, the points in part 1 are well made, but I somewhat doubt that the hon. Gentleman’s remedies, which in most cases are statutory requirements on the courts and the fettering of the discretion of the courts, are the right way to proceed. We probably disagree on the family justice review. David Norgrove’s review, which was commissioned under the previous Government but published by and responded to by this Government, is an impressive piece of work. On family group conferences, which are dealt with in clause 1, the review said that

“the benefits of family group conferences should be more widely recognised and their use should be considered before proceedings”.

Separately, the family justice review found that both children and adults are “confused” about the family justice system—a point the hon. Gentleman made well. He and I would agree that family group conferences have an important role, and perhaps a bigger role, to play, but whether there should be a requirement is another matter.

On clause 2, more was said about grandparents than about any other single issue. I suspect there will be very little dissent from any party from the point that the role of grandparents in both contact and proceedings can be important. However, the family justice review and the Government’s response say that the leave requirement should remain, because it acts as an important safeguard for children and their families, and that that is consistent with the principle that the court’s paramount consideration must be the welfare of the child.

The Government said that they were

“committed to ensuring that children have meaningful relationships with family members who are important to them”,

including grandparents. That really moves us on to the issue of sheer parenting, and the balance between the rights of family members and the rights of the child. The hon. Gentleman will be well aware of what the final report of the family justice review said on that:

“the core principle of the paramountcy of the welfare of the child is sufficient and…to insert any additional statements brings with it unnecessary risk for little gain.”

That is a point on which the Government disagreed, but with which we find ourselves broadly in sympathy.

Clause 2 raises the issue of academic research. All that I would say on that—this point was raised by other hon. Members—is that there is a will in the courts to move away from a proliferation of expert reports. The hon. Gentleman says that those will not necessarily be reports given in evidence; I am therefore not entirely sure what the role of additional experts will be, or, if the reports are not given in evidence, how the provenance and authority of experts’ opinions will be judged. I agree with the point made by, I think, the hon. Member for North East Cambridgeshire (Stephen Barclay), who said that we would be better employed in ensuring that a single expert gave good advice than in looking to second-guess or challenge that advice in a variety of perhaps only semi-formal ways.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

It is a great pleasure to respond to what the hon. Member for Hammersmith (Mr Slaughter) rightly described as a wide-ranging debate. Any debate that gets us from thermodynamics to Jeremy Kyle by way of “The Waltons” cannot really be described in any other way. I am very grateful, too, for the contributions made by hon. Members, including the hon. Gentleman, the hon. Member for Heywood and Middleton (Jim Dobbin) and my hon. Friends the Members for North East Cambridgeshire (Stephen Barclay), for Solihull (Lorely Burt), for Bracknell (Dr Lee) and for Bournemouth East (Mr Ellwood), all of whom spoke a good deal of common sense. They have had the opportunity to do so because of this Bill, presented by my hon. Friend the Member for Birmingham, Yardley (John Hemming). I again agree with the hon. Member for Hammersmith that we should pay tribute to my hon. Friend, whose commitment and experience, certainly in the area of family justice, are hard to beat. He has long demonstrated a real interest in improving the lives of the most vulnerable children in this country. I hope all of us have addressed this debate in a manner in keeping with that.

I have to disappoint my hon. Friend the Member for Birmingham, Yardley, however, because I agree with my hon. Friend the Member for Bracknell that we should not create too much legislation, especially where there is no need to do so. If we were operating in a vacuum—with the Government taking no interest in the reform of the family justice system, putting forward no proposals, commissioning no research—my hon. Friend’s arguments would have more force, but that is not the case. As he knows, a substantial amount of effort has been put into reviewing the family justice system, and I am disappointed to learn that he is not a supporter of that. He knows that, with cross-party support, a review panel independently chaired by David Norgrove was set up in 2010 to look at all aspects of the family justice system, from court decisions on taking children into care through to disputes over children when parents divorce. The panel gathered evidence from hundreds of people and groups with a personal and professional interest, and conducted two public consultations. I do not know whether my hon. Friend contributed to that, but many people did. As my hon. Friend the Member for Bournemouth East pointed out to us, the final report of the family justice review was published in November 2011, with over 130 recommendations to improve the way public and private law disputes are dealt with and to reform the structures and governance of the family justice system.

The Government published their response in February 2012. The Government accepted that the family justice system was too often characterised by delay, expense, bureaucracy and lack of trust—many of the issues that my hon. Friend the Member for Birmingham, Yardley and others mentioned today. My hon. Friend is right, and those who have been involved in the review are right, that the public have the right to expect much more. The Government accepted the majority of the panel’s recommendations, including putting children at the heart of the process, creating a single family court to make the system more effective and easier to navigate, reducing unnecessary delays in care proceedings and providing for expert evidence to be commissioned only where necessary, and establishing a family justice board to drive improvements in the system and improve management information. I would hope that my hon. Friend supported those provisions.

A programme of reform addressing the findings is already under way, and it is of vital importance. I am pleased to say that, despite what my hon. Friend said, the reforms were welcomed by users and professionals alike, and there is now a sense that all the key stakeholders—possibly excluding my hon. Friend—from Government to the judiciary and from social workers to lawyers, are absolutely committed to working together to achieve the changes that the system so badly needs.

I know that my hon. Friend has not had an opportunity to consider fully the draft legislation that is now receiving pre-legislative review, but I hope very much that he will take the trouble to look at it carefully, because I imagine that he will see a great deal that he can agree with. Because that material is being presented for pre-legislative review, and also because the matter is being investigated by the Justice Committee, there will be opportunities for him and others to influence the way in which the Government’s thinking develops. If the Bill then comes before the House, as I hope it will early next year, there will be opportunities for my hon. Friend and others to influence things at that stage. It is in that environment that I hope my hon. Friend will take the view that, worth while though many of the contents of the Bill are, and valuable though many of his ideas are, he will be prepared to withdraw it and wait until that legislation comes forward, and improve it if he believes that is necessary.

The Association of Directors of Children’s Services has come in for some harsh words in the course of the debate, and people have wondered why it does not support my hon. Friend’s Bill. It has made it very clear that it does not support the Bill because it does support the way in which the Government are going about reforming the family justice system more broadly. Whereas I am sure that the Bill has elements that it would agree with, the association believes, as I do, that we should be doing this in a much more holistic way, by virtue of the family justice review and the legislation that we expect to follow it.

It is worth saying that the Government have already made good progress in delivering these reforms and have been working with the judiciary to create a more effective court system. As a first step, we have introduced legislation through the Crime and Courts Bill to create a single family court. Once implemented, this new court structure will allow for the more efficient and flexible deployment of judicial resources. It will also be easier to understand and to navigate for court users.

Something that has not been touched on in great detail but is worth mentioning is that a key element of the draft legislation on family justice is the proposal to introduce a 26-week time limit for care proceedings. That is supported by a number of other reforms, including those on experts, to which I will return. The expectation is that it will be possible to complete cases sooner than 26 weeks while retaining the flexibility to extend complex cases where that is necessary to conclude the case justly. That is against the background that at the moment the average length of time it takes to complete such a case is over a year.

It is also right to focus on the quality of submissions made to courts by local authorities; that needs improvement. In many areas, poor-quality or late submissions delay cases and lead to too great a reliance on time-consuming expert reports. The Department for Education is working closely with the sector and the Association of Directors of Children’s Services on a new programme of work to strengthen court-related skills among social workers and to ensure that evidence submitted to the courts is robust and of high quality.

There has been substantial progress in setting up new governance structures for the family justice system. The Family Justice Board has now been established, and we have appointed David Norgrove, who chaired the family justice review, as its independent chair. The board has developed a system-wide action plan that sets out the contribution that it and its partners will make to the family justice reform agenda. This represents a big step in cementing the inter-agency co-operation that will be required to achieve our reforms. The Government are extremely encouraged by the progress that has been made in setting up local family justice boards, many of which are now up and running. That is testimony to the commitment and energy that exists to bring forward the improvements that we all agree the system so badly needs. The boards bring together individuals from agencies from across the system working together to provide locally tailored, system-wide solutions.

It is the Government’s view that a number of the proposals in the Bill are already addressed in the reform programme that I have outlined via legislation, guidance or best practice, while others are under consideration or in draft legislation as part of the widespread changes to the family justice system, or subject to consultation. I say again that the Government should not legislate on matters where legislation covering the issues already exists or non-legislative solutions are available to address the problems. We all agree that the child’s safety and welfare must come first, and we must encourage committed professionals to follow that line.

The Bill does share many of the high-level goals we are seeking to attain, but introducing them through this route, at this point in time, has the potential to confuse and complicate an already ambitious reform agenda that has been arrived at following extensive and intensive dialogue with the key stakeholders and users over the past two years. Adding complexity at this point not only risks our losing the broad consensus that has been established but could ultimately jeopardise successful implementation as resources become stretched in adopting a less coherent and focused reform agenda. Clearly, however well intentioned—I accept, of course, that my hon. Friend’s intentions are very good indeed—such a scenario would not be of benefit to children.

Let me turn to the contents of the Bill. I hope that I will be able to set out for my hon. Friend why the Government in part accept the intentions that he has set out, but in other parts do not accept that the methods he has chosen will be effective. Let me start at the beginning, with clause 1. My hon. Friend’s Bill seeks to make the use of family group conferences mandatory, subject to limited exceptions. The Government fully support the use of family group conferences where they are appropriate. Their use was strongly endorsed by the family justice review, and the Government have already funded the development and dissemination of a toolkit to ensure that family group conferences are used in the best possible way. In addition, the Government are currently funding the development of a framework of accreditation. The statutory guidance that accompanies the Children Act 1989 already highlights the importance of the use of family group conferences at key stages in the decision-making process for children, but they are a complement to, rather than a substitute for, other statutory meetings.

The Government’s support for family group conferences where they are appropriate could therefore not be clearer. However, we are of the view that making them compulsory would be a step too far. Family group conferences are not always suitable for all families in all circumstances. Families also have to agree to a family group conference in order for it to happen, not least to ensure a realistic prospect of a successful outcome. The toolkit to which I have referred sets out best practice in running the conferences. It also sets a clear expectation that the plans should be completed and agreed within six weeks, and that this will be agreed by the referrer as long as it addresses the issues of concern. That is what is called for in the Bill. Many of the proposals in clause 1 are therefore already covered by existing guidelines and good practice. However, although we want to encourage the use of family group conferences more widely when any decision needs to be made about a child’s future, we do not believe that legislation to make them compulsory is appropriate at this point.

My hon. Friend also raised the importance of parents having simple information to support them through the court process. Again, we agree, and various forms of guidance are currently available to assist parents involved with child protection services or entering the family justice system. In addition, a great deal of work is ongoing to improve the provision of information more generally for families before they enter the system. Parents will also continue to receive legal aid for public law cases, and work is under way to assist litigants in person in other cases. In the private law context, that includes the provision of an online hub, and telephone and face-to-face services for users, together with guidance for litigants in person and for practitioners, including the judiciary, on dealing with litigants in person.

The creation of a single family court is a key step in making the family courts easier for users to understand. Furthermore, a guiding principle of the 1989 Act is that local authorities must work in partnership with families when making any decisions about their children. The social worker has the primary responsibility to engage with family members to assess the overall capacity of the family to safeguard the child, as well as ascertaining the facts of the situation causing concern and the strengths in the family. Support is also available from other sources, such as the Family Rights Group, which receives funding from the Department for Education and produces advice sheets and free telephone and e-mail advice for parents and families involved with children’s social care about the care and protection of their children.

Clause 2 deals with proceedings in the family court. My hon. Friend’s support for the use of McKenzie friends to help parties put across their case is welcomed. The support for attendance by observers is also welcomed. Both McKenzie friends and observers are, of course, already a feature of the family courts, and courts take seriously the need of litigants to have such support. As my hon. Friend will know, McKenzie friends are already subject to rules of confidentiality regarding their work in court. The Government agree with my hon. Friend that there is a need to improve the quality of some expert reports in family proceedings, a question to which many other hon. Members have referred in this debate. We are working with the Family Justice Council to develop quality standards, on which we intend to consult later this year. Those standards will build on the existing framework of accountability set by the family procedure rules.

The family procedure rules make it clear that an expert’s overriding duty is to the court, regardless of who instructs or pays the experts. Experts are under a duty to provide an independent opinion that conforms to the best practice of their profession. In addition, experts are subject to the standards and codes set by their profession, and many are subject to statutory regulation. Imminent changes in secondary legislation and proposals for changes in primary legislation in the slightly longer term will reduce and focus the use of experts in family proceedings generally. Experts can, of course, play an important part in proceedings by providing an expert opinion about a question that is not within the skill and experience of the court. For example, an expert might be needed to determine whether the cause of an injury to a child is likely to be accidental, or to determine whether a parent is continuing to abuse illegal drugs.

Expert reports take up precious time, however. We agree with the family justice review’s conclusion that experts should be used only when they are necessary to determine a case justly, and that expert reports should not duplicate evidence available from other sources. We also agree that the court should ensure that such evidence is properly focused on the key questions that the court needs to have answered. Changes to the family procedure rules to bring that into effect are under consideration, and we hope to implement them early next year.

I understand that my hon. Friend is keen for researchers to have access to court records, including experts’ reports. Provisions are already in place in the family procedure rules—in practice direction 12G, should he wish to check—that enable any person lawfully in receipt of information relating to children proceedings to pass that information to researchers conducting an approved research project, including expert evidence.

However, as Members will be aware, the issue of how to open up the family courts further, and how to balance access with proper controls to prevent the disclosure of sensitive information that might be harmful to parties in the proceedings if released, remains a difficult and controversial issue which merits more serious consideration in the round. In this context, I draw my hon. Friend’s attention to the Family Justice Board, whose remit includes general improvements to the family justice system. It might well be profitable for him to have conversations with the board on how those matters could be taken forward.

Turning to the interests of grandparents and other members of a child’s family, let me start by reassuring my hon. Friend and others who have spoken today that the Government recognise that grandparents and other relatives can play an important role in children’s lives, and that those relationships are important. Grandparents and other relatives provide support for families in many different ways, including child care, support when things are difficult, and full-time care of the child.

The 1989 Act already requires local authorities to seek to place looked-after children with their wider family first if it is not possible for them to return to their birth family. The revised statutory guidance to the Act requires local authorities to demonstrate that they have considered family members and friends as potential carers at each stage of the decision-making process, before and during proceedings, and the family group conferences that we have already mentioned are an important way of involving family members.

The child and any person with parental responsibility for the child are party to proceedings. The court may at any time direct that any person be made a party to the proceedings, and that can include grandparents, family or friends. The local authority does not have a duty to assess informal family and friends care arrangements, unless it appears to the authority that services might be necessary to safeguard or promote the welfare of a child. In such circumstances, the framework for the assessment of children in need and their families provides a suitable model by which local authorities can satisfy themselves that the proposed carers have the capacity to meet the child’s needs.

Section 22C of the 1989 Act requires consideration to be given to the most appropriate placement that will safeguard and promote the child’s welfare. When return home to a birth parent is not possible, consideration must be given to placement with a relative or other connected person who is approved as a foster carer. When the arrangements involve private fostering arrangements, the carer is not approved as a local authority foster carer. However, the private fostering arrangement may be prohibited if assessed by the local authority as unsuitable.

For those family and friends carers involved when the child is looked after—and when a child is the subject of care proceedings—the regulatory framework sets out the required processes to be followed when the most appropriate placement for a looked-after child is with a connected person. When an immediate placement for a looked-after child with a relative or other connected person is required, and it is not possible to fulfil the requirements of the full approval process, the 2010 regulations set out the arrangements for the temporary approval of a connected person, to ensure that the child does not have to be placed with a stranger in the meantime.

The Department for Education’s consultation on a proposed redraft of the “Working Together” package, including new statutory guidance on serious case reviews and statutory guidance on undertaking assessments, concluded on 4 September. As part of the consultation, we sought views on replacing nationally prescribed timetables for assessment with local frameworks. The assessment process for individual children and families should be timely, transparent and proportionate to their needs. Social workers will determine what is timely and proportionate by using their knowledge, expertise and judgment. We are currently analysing the responses and the final guidance on assessment will be published by the end of the year.

On contact for grandparents, in cases where parents separate, no individual has an automatic right to any particular level or type of contact with the child. Such arrangements, if they cannot be resolved by the family members concerned, are referred to courts for a decision. Grandparents and other relatives may apply for contact through the courts, whose decision will take into account all the circumstances of each individual case, although in certain circumstances the permission of the court may be required. The Children Act is clear that the welfare of the child must be the court’s paramount consideration in such decisions. It will make a contact order if it decides that it is in the child’s best interests to have contact with the applicant. Any legislation that granted an automatic right to specific individuals to have contact with the child would, potentially, not be consistent with that principle.

As my hon. Friend knows, however, the Government are clear that the importance of children’s relationships with other family members should be taken into account during dispute resolution processes. Children’s relationships with family members who are important to them will, therefore, feature prominently in the creation of parenting agreements where appropriate and in the bespoke parenting programmes that will be available to support parents in reaching agreement out of court. If my hon. Friend looks again at the draft measures, which are currently subject to pre-legislative scrutiny, he will see that they propose a child arrangement order whereby many of the issues may most sensibly be addressed.

Clause 2(5) proposes to change the wording of section 22C(7)(c) of the Children Act, which requires the local authority, in determining the most appropriate placement for the child, to ensure that the placement is such that the child is provided with accommodation within the local authority’s area, unless that is not reasonably practicable. The amendment would remove the reasonable practicability test in favour of a best interests test, but section 22C(7) already places local authorities under an overarching duty to safeguard and promote the welfare of looked-after children. The section’s qualification of reasonable practicability ensures that, in a situation where the child should be placed within the local authority’s area but it is not possible to provide such accommodation—there might not, for example, be a suitable children’s home placement in the area—the child may be safely accommodated elsewhere. We cannot place an unqualified duty on local authorities in a situation where they may not be in a position to fulfil that duty.

On children in care, my hon. Friend’s concerns are reasonable and entirely understood. Putting children at the centre of the care planning process, whereby their wishes and feelings are always considered, is the underpinning principle of the Children Act.

[Mr Leigh]

Will the Minister give my hon. Friend the Member for Clacton (Mr Carswell) a chance to get to his Bill?

[Jeremy Wright]

I am sure that my hon. Friend, who is an assiduous parliamentarian and familiar with how things work, will accept that, if a Bill is as wide-ranging as this one and if it has taken as long to debate as this one has, it deserves a proper response, which is what it will get from me.

As I was saying, the underpinning principle of the Children Act, which is in question here, is reflected throughout the regulations and guidance on care planning and reviews. Each child is allocated an independent reviewing officer and the regulations and guidance that came into force last year strengthen further the independence of that role by clarifying that they cannot be involved with the management or resource of that case. All local authorities with children’s services responsibilities must ensure that independent advocacy services are provided for children and young people making or intending to make a complaint through the complaints procedures and the processes that are already required to be in place. We are currently exploring what more the Government might be able to do to support those processes.

Under the Children Act, local authorities also have a duty to appoint a person to be a child’s independent visitor where it appears to them to be in the child’s best interests. Decisions about whether to appoint an independent visitor should be about the needs of the child, which are determined by examining a range of factors such as the distance from home of where they are placed and whether having an independent visitor will make a positive contribution to promoting their education and health. The independent visitor’s functions are to visit, advise and befriend the child.

In relation to my hon. Friend’s proposal that looked-after children should be treated the same as other children with regard to criminal records, I simply say to him that that should be the case now. Enforcing that does not require a change in the law, but if there are difficulties, we will of course work with him to address them.

I turn to the Bill’s suggested amendments to the Adoption and Children Act 2002. It may be helpful if I set out in a little more detail the effect that clause 4 would have. It would amend section 52 of the Act, which makes it clear that the court can dispense with the need for parental consent only where it is satisfied that the parents cannot be found or lack mental capacity, or that the child’s welfare requires it. As my hon. Friend will know, a placement order authorises a local authority to place the child for adoption by prospective adopters. The effect of an adoption order is that the parental responsibility of the birth parents is extinguished, and that only the child’s adopted parents have parental responsibility. Neither a placement order nor an adoption order has the effect of putting a child in the care of a local authority.

There would be two distinct effects of clause 4. First, it would require the court to give in its written judgment a full explanation of how it reached its conclusion on each aspect of the welfare checklist. Secondly, it would place a duty on the court to consider

“whether it is possible and in the interest of the welfare of the child to place the child with one of his relatives”

before making an order placing a child in the care of a local authority. I understand my hon. Friend’s underlying concerns, but I do not think it is sensible to amend the law in that way.

The clause would place a statutory duty on the court to give a fully reasoned judgment for a decision to dispense with parental consent when the court makes a placement order or adoption order. The court is, however, already under a statutory duty to consider the welfare checklist, and that duty applies to any decision of the court relating to the adoption of a child, not just to a decision to dispense with parental consent. Furthermore, the 2002 Act requires the court to do more than just consider the welfare checklist when making an order. It must consider the child’s welfare and the whole range of powers available to it under that Act and the Children Act 1989. Current legislation already requires the family proceedings court to give its reasons for decisions. In addition, domestic law already makes it clear that the judge must go through, analyse and balance each factor in the welfare checklist in order to justify his conclusions.

The clause would also place a duty on the court to consider whether it is both possible and in the interests of the welfare of the child to place him with one of his relatives before making an order placing him in the care of a local authority. However, section 52 of the 2002 Act is not about placing children in the care of a local authority. It is about parental consent for the adoption of a child. I and the Government share my hon. Friend’s central concern for the welfare of children and the need to keep them in their families wherever possible. We understand his intention in setting out his proposals, but we simply do not think that they are the best way of achieving what he wants.

I would wish to cover a number of other matters in detail, but I am conscious of the other business to be discussed today, and I would not wish to deny my hon. Friends who are in their places the opportunity to discuss it. However, I need to say one or two things about other areas that my hon. Friend the Member for Birmingham, Yardley has covered in the Bill.

In relation to the duties of local authorities and other bodies, it is worth pointing out that, as I said earlier, when making any decision about a looked-after child a local authority must be satisfied that it is the most appropriate way to safeguard and promote the child’s welfare. Under the 2002 Act, when the court or an adoption agency makes a decision about the adoption of a child, the child’s welfare must be the paramount consideration. Existing legislation covers a great deal of the ground that my hon. Friend wishes his Bill to cover. The Government are currently considering whether to amend the law on contact for children in care, following their recent call for views on giving greater flexibility to local authorities when making contact arrangements.

I agree with the reservations held by the hon. Member for Hammersmith about the definitions in clause 7 and the right to report wrongdoing, and a great deal of work would be required on that. The hon. Gentleman was also right when he spoke about the proposal to abolish the offence of scandalising the court, and the Government are currently considering that matter. In response to a debate in the other place during Committee stage of the Crime and Courts Bill, my noble friend Lord McNally undertook to consider the matter further in consultation with the judiciary and the devolved Administrations and return to it on Report, and that is what we will do.

The proposal by my hon. Friend the Member for Birmingham, Yardley to publish contempt of court details would be difficult because of the impact it may have on innocent third parties. Were we to do so, the risk is that it would be possible to identify the child involved, which is obviously of concern. We must remember that cost liability in judicial reviews is an important deterrent to unmeritorious litigation. Legal aid remains available for judicial review, however, and legal aid clients have cost protection and are not usually required to pay the other side’s costs if they fail.

The law already contains provisions to deal with complaints about the Official Solicitor. I do not have time to go into those now, but I am sure that my hon. Friend can consider the matter at greater length if he wishes.

On the recording of hearings, parties already receive transcripts of court hearings and, as other hon. Members have said, it is not sensible to set up a competing process. Other transcripts may be produced, and if they did not match a further layer of complexity would be required to resolve any conflict. I understand my hon. Friend’s concern, but he does not go about resolving it in the right way in the Bill.

The right to assert litigation capacity is also covered by existing law. Courts are required to investigate capacity when that issue is raised, carefully and on the available evidence, and even if there seems to be no dispute, medical evidence is invariably required as a minimum before holding that a party lacks capacity. A person interested in the protected party for whom the Official Solicitor has been appointed by the court as litigation friend, can apply to the court and seek to have the Official Solicitor discharged as litigation friend, and that person—or somebody else—appointed in their place.

I do not believe that my hon. Friend is being too radical and progressive for the Government on the ambit of reasonableness in capacity, but the measure he suggests is not necessary because it is already covered by the Mental Capacity Act 2005. Existing legislation already prioritises and protects capacity to the furthest extent that a person is able to exercise it, and without using the reasonableness of the person’s proposed decision as the criterion for capacity.

Finally let me turn in the last few minutes to energy and fuel justice. The majority of today’s debate has focused on the family justice parts of my hon. Friend’s Bill, and I hope he will forgive me if I deal with other areas in a little less time. Clause 13 introduces a strategy to achieve lower bills and a more efficient use of fuels, and my hon. Friend will be aware of what the Government are already doing in that area, led by the Department of Energy and Climate Change and the Department for Communities and Local Government. My colleagues in both Departments, and the Government as a whole, are supportive of the aims in that section of the Bill.

My hon. Friend’s proposal to ensure that all new homes comply with level 6 of the code for sustainable homes is admirable but, as my hon. Friend the Member for Bournemouth East said, potentially an expensive ambition. Building regulations already require high levels of energy efficiency in all new homes—socially or privately owned—and a home built to current building regulations, which were introduced only in 2010, is well insulated and much easier and cheaper to heat than a typical older house. The Government recently consulted on proposals to tighten further the carbon and energy performance of new homes in 2013, and they have committed to introducing a zero-carbon requirement for all new homes from 2016. Because of that, separate legislation to improve energy efficiency for new homes is not necessary.

Requiring level 6 of the code for all social homes would be disproportionate, and could add as much as £30,000 to the construction cost of each home. Alongside the regulations and the code, it is also worth noting that a national review of locally applicable standards for new housing is now under way to reduce the burden of red tape.

My right hon. Friend the Secretary of State for Energy and Climate Change is especially interested in the ideas in the Bill on heating. That is because we as a Government are interested in the question of how to drive the long-term changes to heating systems in millions of domestic homes. We will need to do that if we wish to reduce emissions on the scale needed to avoid damaging climate change. My hon. Friend makes an interesting suggestion about the use of building regulations, and he may know that the Department of Energy and Climate Change will publish a heat policy options paper next year. Use of regulation is one of the options that the Department’s officials are exploring, in consultation with others. The Government are, therefore, already considering policy options that will seek to increase take-up of low carbon and renewable energy in buildings.

Clause 13(2)(c) of the Bill makes specific reference to microgeneration measures having access to the green deal and financial incentives. That is something that we will look at and, in addition, we think that in a small number of cases consumers may be able to get green deal finance to help fund a part of the cost of installing renewable heating. We need to do more work over the coming months to ensure that this interaction is as smooth, as joined-up and as consumer friendly as possible. Ministers will say more about those proposals in coming months.

On fuel poverty, we have concerns, as my hon. Friend will know, about the way in which fuel poverty is being measured, and we are looking again at that measurement mechanism. He will be pleased to hear that we have already announced that next year we will publish a refreshed strategy for tackling fuel poverty—the first such strategy since 2001. So we are already undertaking the work needed to ensure that we have the right framework in place for measuring fuel poverty, which will in turn allow us to target our resources on those whom we need to help most.

My hon. Friend has put in front of us a very wide-ranging Bill, and the spirit of much of it is something that the Government entirely support. But I urge my hon. Friend to look again at the measures that are already in draft from the Government, which we believe address many of the problems that he has rightly identified. In that light, I ask him to withdraw his Bill and work with us to improve the legislation that the Government have put forward and give it his full support.

Legal Aid Reform

Jeremy Wright Excerpts

Tuesday 18th September 2012 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

During Commons consideration of Lords amendments stage of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill, the Government undertook (17 April 2012: column 226)¹ to consider whether to extend legal aid for advice and assistance to welfare benefits cases in the first-tier tribunal where these involved a point of law. The vast majority of tribunal appeals do not involve points of law, but the Government said that where these could be identified by an independent person they would consider making legal aid available.

Having considered the matter carefully, the Government consider that a system of independent verification is not feasible. But they will make available, subject to merits and means tests being satisfied, legal aid in the form of advice and assistance for those welfare benefit cases in the first-tier tribunal where the first-tier tribunal has itself identified an error of law in its own decision.

Under tribunal rules, when the first-tier tribunal receives an application for permission to appeal, it must first consider whether to review its own decision. The tribunal may only undertake a review of its decision if it is satisfied that there was an error of law in the decision. If the tribunal reviews its decision, it may invite representations from parties as part of that review. Alternatively, it may take action as a result of the review (in effect, to change its earlier decision) without first giving every party an opportunity to make representations; in that case any party that did not have an opportunity to make representations may apply for such action to be set aside and for the decision to be reviewed again.

Legal aid will be available to assist appellants in these two situations: to make representations when invited by the tribunal, and in relation to an application for action to be set aside and for the decision to be reviewed again where representations were not sought. We intend in due course to lay an order under section 9 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, for approval by each House, to reflect this position.

The Legal Services Commission intends to begin a tender for welfare benefits work in 2013. The tender will cover the work described above, and advice and assistance for onward appeals on a point of law in the Upper Tribunal, Court of Appeal and Supreme Court as described in paragraph 8 of part 1 of schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. One of the criteria for awarding contracts in this tender will be price competition.

The indicative timetable for the welfare benefits contract is:

Oral Answers to Questions

Jeremy Wright Excerpts

Tuesday 18th September 2012 Commons Chamber

[Gavin Williamson (South Staffordshire) (Con)]

4. What steps he plans to take to reduce the number of foreign nationals in prisons.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

The UK Border Agency removed 4,649 foreign national offenders from this country in 2011, but there is, of course, much more to do, so we are seeking to negotiate more compulsory prisoner transfer agreements and to improve administrative processes so that foreign national offenders are removed at the earliest opportunity. We also hope to reduce the flow into the criminal justice system through conditional cautions and to reduce the number already serving prison sentences through the early removal scheme and the tariff-expired removal scheme.

[Gavin Williamson]

We would all like to welcome my hon. Friend to his new position and wish him the very best.

Over the last decade, we have seen a dramatic increase in the number of foreign prisoners detained in our prisons. Many people in South Staffordshire feel that we are having greater trouble deporting these prisoners because of the European convention on human rights. What my constituents want to know is: what is my hon. Friend going to do to reverse that trend?

[Jeremy Wright]

My hon. Friend and his constituents are right to be worried. It is true that foreign national offenders will continue to challenge deportation under article 8 of the ECHR, but he will be pleased to know that this Government have changed the immigration rules. New rules came into force in July this year so that only in exceptional circumstances will family life, the best interests of a child or private life outweigh criminality and the public interest in seeing foreign national offenders deported where they have received a substantial sentence. That is a better balance between the interests of foreign criminals and the interests of the British public in being protected from them, which have been neglected for far too long.

[Sadiq Khan (Tooting) (Lab)]

May I, too, congratulate and welcome the entire Justice team on their elevation, and wish well those right hon. and hon. Members who have been relieved of their duties?

The Prime Minister said in 2010 that he would

“personally intervene to send back thousands of foreign prisoners”

and alleviate the strain on our overcrowded and overstretched prisons. The last Government negotiated prisoner transfer agreements with more than 75 countries. I know that the Justice team and the Prime Minister believe in taking personal responsibility, so will the Minister tell us with how many countries this Government have finalised a prisoner transfer agreement over the last 28 months, and how many thousands of prisoners have been transferred during that period?

[Jeremy Wright]

I think that the right hon. Gentleman knows how difficult this exercise is. He knows perfectly well that prisoner transfer agreements are a matter of negotiation, and he also knows that compulsory transfer agreements are much more valuable than voluntary ones. Most of the agreements that he has described his Government as having achieved are voluntary, not compulsory. This Government will attempt to negotiate more compulsory agreements, so that we can continue to send home foreign offenders whom we do not want in our prisons.

[Mr Philip Hollobone (Kettering) (Con)]

Now that we have a fresh, dynamic new regime at the Ministry of Justice, may we please move the subject of foreign national offenders to the top of the Ministry’s agenda? There are more than 10,000 foreign nationals in our jails, and that is far too many. Jamaica, Poland and Ireland are the three countries that send most foreign nationals to our jails, but we have compulsory transfer agreements with none of them. Please will the Ministry get on with negotiating compulsory transfer agreements, so that these people can be sent back to their countries of origin?

[Jeremy Wright]

Let me say again that I entirely understand my hon. Friend’s concern. He has spoken out about this a number of times. However, I have at least some good news for him. European Union nationals account for about a third of foreign national prisoners. A European Union prisoner transfer agreement came into force in December last year, and EU countries are implementing it this year. I hope that that will not only help to remove foreign national offenders, but rank as one of the very few measures coming out of Brussels of which my hon. Friend wholly approves.

--- Later in debate ---

[Lindsay Roy (Glenrothes) (Lab)]

7. How many staff posts have been abolished in youth offending teams in the last 12 months.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Staffing of youth offending teams is decided by local authorities and their partner agencies, but I can tell the hon. Gentleman that between 2009-10 and 2010-11 there were 835 fewer posts, which includes volunteers, part-time and temporary staff. That amounts to a 4% reduction. Over the same period, the number of young people supervised by youth offending teams dropped by 20%

[Lindsay Roy]

I thank the Minister for his answer. Over the last 10 years we have seen a 25% reduction in the number of young people on the secure estate or in prison, and over the same period youth crime dropped by almost a third. The Youth Justice Board’s focus on young people has been a remarkable success and, thankfully, the board has been retained. Can the Minister explain why his predecessor tried to abolish it?

[Jeremy Wright]

I entirely agree with the hon. Gentleman about the success of youth offending teams. It is the people on those teams—a mix from different agencies and organisations, working together—who are delivering the improvements he describes. It is not the case that the Government tried to abolish the youth offending teams. The Youth Justice Board is something different, but in any event the Youth Justice Board will stay, and we hope to work very closely with it to ensure that all the good things he has described continue.

[Steve Rotheram (Liverpool, Walton) (Lab)]

8. What assessment he has made of the adequacy of staffing levels in the probation service.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Individual probation trusts determine their staffing requirements. The contracts negotiated and agreed with the trusts take account of the need to ensure that services are delivered effectively, efficiently and economically within the resources available. The performance data we collect indicate that probation trusts are making effective use of their resources to protect the public.

[Steve Rotheram]

Many will recall that the Deputy Prime Minister said before the last election that he wanted to stop prisons turning into “colleges of crime”. Last week, the Minister revealed in a written answer to me that 4,175 offenders in England and Wales had been recalled to prison in the first three months of 2012 and that the rate is actually rising under this coalition, to more than 16,000 a year. Is that happening because the Government are failing on reoffending or because the probation service is totally understaffed?

[Jeremy Wright]

I do not think it is either of those two things. It is right to be concerned about the rate of recall to prison; the hon. Gentleman is perfectly right to say that. It is also right that I put on the record, because this is my first opportunity to do so, that the probation service comes in for a great deal of criticism but does excellent work. It looks very hard at risk when it releases prisoners from custody and it does its very best to minimise that risk. Where we find that reoffending or breaches of licence resulting in returns to custody occur, we will work hard with the probation service to learn the necessary lessons.

[Peter Luff (Mid Worcestershire) (Con)]

9. What assessment he has made of the need to review the law on chancel repair liability; and if he will make a statement.

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[Philip Davies (Shipley) (Con)]

16. If he will take steps to ensure that time served in prison by a prisoner reflects the sentence handed down to that prisoner by the court.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Prisoners must be released in accordance with the legislation laid down by Parliament. Parliament has consistently maintained the view that custodial sentences should be served in part in custody and in part in the community. Sentencers take that into account when determining the appropriate sentence in each case.

[Philip Davies]

I warmly welcome the Minister and the Secretary of State to their roles, particularly given that I tried over the past couple of years to get their predecessors sacked. The Labour Government left us with a situation in which prisoners now have to be released halfway through their sentences, irrespective of how they behave in prison. Does the Minister think that is an acceptable state of affairs and, if not, what does he intend to do about it?

[Jeremy Wright]

I am grateful to be in line for the same kind of treatment as my predecessor. My hon. Friend will find that I agree with him on many things, but I do not entirely agree with him on this. I think that there is merit in having a period, after a custodial sentence has been served in custody, when we can supervise and monitor offenders and send them back if they misbehave, so I am not in favour, as I know he is, of an entire sentence being served in custody. However, I think that there is scope for reform in sentencing, and we shall certainly look at those opportunities carefully.

[Priti Patel (Witham) (Con)]

17. What steps he plans to take to ensure that home owners have the right to protect their property from intruders.

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[Helen Goodman (Bishop Auckland) (Lab)]

18. If he will assess the effectiveness of the fitness tests that prisoner officers are required to take.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Prison Service fitness assessments test whether prison officers are capable of safely and competently carrying out control and restraint procedures on prisoners when necessary. The assessment has been validated by academic study. As with all Prison Service policies, it will be kept under review.

[Helen Goodman]

I am sure that the Minister has not yet had time to do the test, but it already means that a large number of prison officers are retired every year. Does he think that it is realistic for people to pass the test when he is raising the retirement age to 68?

[Jeremy Wright]

The hon. Lady is right; I have not yet had the chance to do the test, but I have to tell her that I fancy my chances, because I understand that the pass rate is something like 99%. For her reassurance, the pass rate for those prison officers who are over 60 is something like 98%. It is worth making the point that most of our constituents would regard it as sensible that prison officers, who have to do difficult, challenging and sometimes very physical work, are fit enough to do it.

[Amber Rudd (Hastings and Rye) (Con)]

T1. If he will make a statement on his departmental responsibilities.

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[Steve Rotheram (Liverpool, Walton) (Lab)]

T5. Her Majesty’s inspectorate of prisons recently said of HMP Liverpool that“resettlement resources were not adequate to meet the needs of the population held, with backlogs of the reviews necessary to address offending behaviour and little planning for short-term prisoners.”Given that HMIP report, what comfort can the Minister provide to my constituents that he is taking seriously the important issue of an overstretched service?

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

I hope that the hon. Gentleman will forgive me, but I have not had a chance to look at that report yet. I will look at it and come back to him. Generally, resettlement is hugely important. We are keen to see offenders get back into the community and straight into productive work, which is one reason we want offenders to be admitted quickly on to the Work programme that my right hon. Friend the Secretary of State introduced so successfully in his last job.

[Chris Heaton-Harris (Daventry) (Con)]

T4. In welcoming the Secretary of State to his role, may I ask what are his initial impressions of how his Department’s relationship with the European Court of Human Rights will evolve?

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[Sir Bob Russell (Colchester) (LD)]

T6. Does the Minister agree that it is perverse that someone who was on probation and had funding for a course, so that he could get the qualifications to get a job, has had that funding withdrawn halfway through the course because he has been taken off probation for complying with everything that the probation service asked of him?

[Jeremy Wright]

I am sure that hon. Gentleman will accept that I do not know the details of the case that he is raising. If he lets me have them, I will look into the matter and come back to him.

[John Cryer (Leyton and Wanstead) (Lab)]

Further to Question 6, is there any indication that any prisoner has received an inappropriate sentence because of the failings of Applied Language Solutions, given that, as the Under-Secretary of State for Justice, the hon. Member for Maidstone and The Weald (Mrs Grant), said, it has failed to fulfil 5% of its bookings even after the improvements that she talked about?

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[Stuart Andrew (Pudsey) (Con)]

My constituent, Lorraine Fraser, tragically lost her son who was brutally murdered by a gang of 30. Four of the murderers received life sentences, but two have been moved to an open prison under the Guittard arrangement, thereby depriving my constituent of the opportunity to attend the parole board, or present a victim impact statement. That has obviously had a devastating impact. Will the Minister agree to meet me and my constituent to discuss that worrying development?

[Jeremy Wright]

Yes, I will happily meet my hon. Friend. What he describes sounds concerning, but we will obviously need to look into the details of the case.

[Jim Shannon (Strangford) (DUP)]

The recent decision by the European Court of Human Rights ruled against Christians who were penalised for wearing a cross at work or taking a stand for their religious beliefs. That has caused great concern, and many people are asking where is the protection and religious freedom for Christians. What steps will be taken to prevent the erosion of justice for those with Christian beliefs, and to provide people with the protection that they should—and must—have?

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[Duncan Hames (Chippenham) (LD)]

The previous ministerial team offered the astonishing innovation of drug-free wings in prisons. What progress is being made to ensure that prisoners returning to society are not burdened with an addiction to illegal drugs?

[Jeremy Wright]

I understand my hon. Friend’s point, and of course the situation is worse than that because some prisoners actually gain a drug habit while in custody. There is a great deal of work to do, not only with drug-free wings but in reducing drug addiction across the prison estate. We will continue to work on that.

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

In his previous job, the Secretary of State responded to a debate in Westminster Hall on work capacity assessments, and one issue raised concerned the long backlog in dealing with appeals against decisions made in the Department for Work and Pensions. In his new role, what is the Justice Secretary doing to deal with the backlog of cases in the Ministry of Justice?

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[Jeremy Wright]

I am grateful to my hon. and learned Friend and congratulate him on receiving his knighthood. I will certainly look into the matter that he raises.

[Julie Hilling (Bolton West) (Lab)]

I, too, welcome the new ministerial team, because I am ever hopeful that, unlike his predecessor, the Secretary of State or a relevant Minister will meet me to discuss the scandal of 10,000 people driving legally with more than 12 points on their licences. Will he do so?