Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 6th March 2018 Commons Chamber

[Lucy Frazer]

The hon. Gentleman is absolutely right that we need to be extremely careful with vulnerable witnesses and witnesses in sex cases and ensure that they get justice. We are bringing in and rolling out measures on the taking of their evidence to ensure that they can do that pre-trial and therefore safely, which will speed up justice. As the hon. Gentleman knows and as the Secretary of State has mentioned, we are hoping to introduce the courts Bill, which will ensure the streamlining of justice and do away with unnecessary hearings. Hopefully, that will speed up access to justice.

[Jim Shannon (Strangford) (DUP)]

Will the Minister further outline what training lawyers receive in the handling of vulnerable witnesses? Does the Department intend to make updates to such training compulsory?

[Lucy Frazer]

In the family court, all judges have training on dealing with vulnerable witnesses. I am sure that the Crown Prosecution Service has training as well.

Death by Dangerous Driving: Sentencing

Jim Shannon Excerpts

Wednesday 28th February 2018 Westminster Hall

[Eddie Hughes]

I completely concur with my hon. Friend, and I will touch partly on that issue later in my speech.

It was also argued that an increased maximum penalty would better reflect the culpability of dangerous driving behaviours and the disregard that some motorists had for others. A number of respondents also suggested that deliberate driving actions directed at other road users should be charged as murder or manslaughter. Under the current law, the Crown Prosecution Service can, and will, charge a person with manslaughter where the evidence supports that charge. However, as many of those who did not agree with an increase commented, in many driving cases the offending behaviour, which may be highly irresponsible, does not suggest that the vehicle was intentionally used as a weapon to kill or commit grievous bodily harm, so it would not amount to murder or manslaughter.

It was also suggested that causing death by dangerous driving should attract the same sentence as murder or manslaughter because the harm caused—the death of the victim—is the same in all three offences. Increasing the maximum penalty for this offence would enable the courts to impose a life sentence or any lesser sentence, including a determinate sentence of any length. However, increasing the maximum penalty does not guarantee sentence length, as decisions on sentencing remain with the independent courts and are made on a case-by-case basis.

Some also suggested that consecutive sentences should be imposed for each death caused. It is an established principle of law that sentences are served concurrently when they relate to the same course of events, and consecutively when they relate to separate incidents. The court will impose a sentence length that reflects the seriousness of the offending behaviour. Therefore, in circumstances where multiple deaths were the result of a single incident, concurrent sentences will be imposed by the court, but it will take account of the number of victims when setting the overall length of the sentence.

Where are we today, and why are we still debating this subject in Westminster Hall, rather than the Chamber of the House of Commons? Four months after the publication of the consultation findings, the law remains unchanged and, as of today, no Government time has been allocated to implement those changes. That can be of no comfort to the family of John Hickinbottom, whose killer recently received a seven-year sentence for killing John in Walsall while speeding. The court heard that on Friday 9 June 2017, Craig Edwards got behind the wheel, despite pleas from his mother to hand over the keys to his BMW because he was drunk. He travelled just a quarter of a mile before losing control of the car as it sped at almost twice the 30 mph limit along Bentley Road North in Walsall.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on bringing up this issue for consideration by the House. In Northern Ireland, the reduction of the drink-driving limit has reduced deaths and accidents significantly. Importantly, it has also reduced the police’s workload. Does he agree that liaising with the devolved Administrations to ascertain their direction would be helpful, and that reducing the drink-driving limit to 50 mg in England and on the mainland would be a step in the right direction?

[Eddie Hughes]

That is an interesting suggestion. Perhaps the Minister will comment on that when he replies to the debate.

Taking a right-hand turn, Craig Edwards careered on to the pavement, hitting Mr Hickinbottom, a retired builder from Bentley, who died three days later last June. Mr Howard Searle, prosecuting, said that Edwards left the wrecked BMW clutching a bottle of Baileys and, when told by an eyewitness that he had knocked down a pedestrian, replied, “So?”

The 29-year-old defendant from Walsall had 15 previous convictions for 34 offences, including two previous cases of dangerous driving. He was jailed for just seven years after admitting causing death by dangerous driving, failing to stop at the scene of an accident, driving when disqualified, drink-driving and having no insurance. He was also banned from driving for four and a half years on release from prison.

Private Probation Services

Jim Shannon Excerpts

Tuesday 27th February 2018 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. I apologise to the hon. Member for Darlington (Jenny Chapman), who I thought would have been called before me. We will hear her comments later on.

We do not have private probation services in Northern Ireland, but I have been sent some information and I want to add constructively to the debate if I can. I will focus on the individuals and how they can be rehabilitated in prison, as well as the family units. It is important that we focus on the effects on all the people.

I thank the hon. Member for Lewisham West and Penge (Ellie Reeves) for securing this debate and for setting the scene so well, as she always does. The issue does not directly affect Northern Ireland, yet there are lessons to be learned for all the regions of the United Kingdom of Great Britain and Northern Ireland. We have a prison system groaning under the weight of the pressures on it. We have a judicial system that is extremely aware that it can imprison only if it is essential, because there is no room. We have a probation system that is still failing to rehabilitate prisoners, to the detriment of every member of society. I am not here to point the finger at the Department or the Minister. That is not my form; but neither is it my form to ignore issues that have been raised. That is why we are all here today, and Members have put forward pertinent points in their contributions and interventions.

There is an issue with the new system that needs to be addressed. I say that not to score political points or to demonstrate that my ideas are better than those of others; we simply have to do the best we can by offenders. We need to put in place structures that support them. Through that, we can help to prevent reoffending. The issues with reoffending are important.

[Dr Drew]

Would the hon. Gentleman accept that one of the fundamental failings is the lack of continuity between what happens in prison, where there is a need for people to be properly rehabilitated and prepared for release, and what happens afterwards? If my area is anything to go by, there is no overlap; things have to start again as soon as people are released. That means that offenders and ex-offenders feel completely let down.

[Jim Shannon]

I thank the hon. Gentleman for his intervention. I will touch on that issue, because it is important that we have that follow on. What happens next after someone gets out of prison is a clear issue.

It is sometimes easy to fall into a mentality of seeing those in prison as lost causes, but that is not something I believe at all. I believe that all people can make mistakes and that they can put right those mistakes and become contributors to their communities again. The hon. Gentleman and others have referred to that. I know a few good men who society washed their hands of during the troubles in Northern Ireland, yet they were given the opportunity by one tender-hearted person and are now upstanding pillars of the community. People can change, and we have a responsibility to enable that change to take place. It may not work for every individual, but it can work for a great many. I know people who have changed. That is the reality. We need to focus on what can be achieved and how we can achieve it. That has to be our goal and purpose.

I was surprised to learn that one in 10 people in England and Wales are released back to their community without a roof over their head. That simply should not be. They should not be released with a metaphorical boot to the backside, without so much as a by-your-leave. In some cases, that seems to be the way it is, and it is hard to understand why. We must ensure that they not only have somewhere to sleep the day they come home, but that they have something meaningful to achieve the next morning. We have a rehabilitation process for people to go through when they are in prison and when they get out. If they are going home to nothing, it is little wonder that it is so easy to get into the same routine. We must ask how we can do things differently. How can we get these men and women involved in our society in a meaningful and helpful way?

Thus far, the private probation services have been unable to make a difference. I do not want to be unduly critical, but that is what the evidential base indicates. Indeed, some reports indicate that incidences of reoccurrence have intensified. If they are intensifying, as was referred to in an intervention, that may be because a phone call does not achieve what a meeting or appointment can. I suggest to the Minister that it should be a meeting or appointment. That is more constructive and face-to-face, and it can make changes. Printing off a housing form does not achieve the results that attending the housing executive—in England, it is the local council—does. We should not mollycoddle these people, but if we believe in the justice system at all, we believe they have paid their debt to society and deserve help to find their way in a different world. We should encourage them to do so.

I also think of the children and families of offenders. It is essential that follow-up services are provided for the sake of those nearest and dearest to them. A report by the Joseph Rowntree Foundation highlighted that prisoners’ families were vulnerable to financial instability, poverty, debt and potential housing disruption following the imprisonment of a family member. It can be easy to forget that these issues affect not just the individual, but the whole family unit. The report found that families subsidised imprisonment by sending prisoners money, clothing and electronic goods. The responsibility to help those in prison financially often falls to a great extent on families. Disadvantage associated with imprisonment includes high rates of depression—sometimes the health spin-offs are not taken on board—physical illness, housing disruption and, for families of foreign national prisoners, permanent separation after deportation. Again, that is perhaps not an issue for this debate, but it is certainly something that the system should address.

The report also highlighted how prisoners’ partners and mothers prioritised the care needs of children above household income, and there is an impact on children at school, where we know that peer pressure can be difficult. Barriers to employment were magnified for those caring for prisoners’ children. The complications are enormous. When someone comes out of prison to a family under such strain and pressure, it is easy to see how they could go back to their old ways, not understanding that breaking the cycle will help to heal the hurt that their family is going through. That should be taken into consideration and should be a priority for the Government when discussing how to rehabilitate prisoners successfully. That should be our goal. I know the Minister wants that, as we all do in this House.

To conclude, I cannot say how the shortfall has come about, but we must all acknowledge—as Members who have contributed so far have indicated—that there is a definite shortfall that we must address for our communities. I hope the Minister, whom we all respect highly, will tell us how he intends to do that, either in the new private system or by taking back the reins, which is what I think the Members here want. Decisions need to be made, and for the sake of our family units we must ensure that changes are made as a matter of urgency.

Prisoners: Outdoors Endurance Activities

Jim Shannon Excerpts

Wednesday 31st January 2018 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to speak in debates such as this. I congratulate the hon. Member for South Dorset (Richard Drax) on bringing this issue to us today. When I saw this debate announced last week, I said to myself, “Here is a scheme that I am interested in.” This year, in just the past few weeks, we have initiated a similar scheme in Northern Ireland through the Department of Justice, which has responsibility for prisoners. I want to use this opportunity to explain how that scheme works and to support the hon. Gentleman’s proposal.

After hearing the hon. Gentleman’s speech, I will say something quickly that is not directly relevant to this debate, although the analogy could be considered so. In 2016, I read about a survey of 2,000 parents of five to 12-year-olds in a nationally representative sample, which found that 74% of the children spent less than 16 minutes playing outside each day. The UN guidelines on the treatment of prisoners require at least one hour of suitable exercise in the open air daily. The headline read, “Prisoners receive more exercise than children”, which is the media doing what they always do—looking for a headline that skews what the issue is. That is for another day’s debate, but it is worth highlighting in this one to flag up that we need a sea change when it comes to the physical activity of our children. We also need it for prisoners and those in prison.

We all know the saying, “If you do the crime, you do the time”, and we understand that. At the same time, however, we can rehabilitate prisoners to grow away from their past and go to their future, where they will have learned, been trained and be associating themselves with new opportunities, not going back to the past they once had. We are all familiar with TV programmes about prisons—this week, the Piers Morgan one comes to mind—and in the USA prisoners might be indoors for 23 out of 24 hours, in a lockdown. The impact of that is great, as it would be here back at home. Another TV programme—again, not one I often watch, but I see the previews—is that one on Channel 4: “Hunted”. Some people go on the run by choice and other people try to catch them. I am very aware of some of the analogies in the world outside.

I turn directly to the debate. We have recently had a pilot of outdoor activity for prisoners at Magilligan Prison in Northern Ireland—perhaps the Minister and the shadow Minister are aware of it. Those prisoners were the first in Northern Ireland to take part in what was called the “parkrun behind bars”. I saw it on the TV news a few weeks ago, on 6 January or thereabouts, and thought, “What’s this about?” The scheme illustrates well what can be done.

The UK-wide parkrun initiative was piloted at Magilligan on 6 January, with 15 inmates and 12 staff out on a five-kilometre run. That was possible there because of the nature of Magilligan. Perhaps it is not for other prisons—I cannot speak for everyone because I do not have that knowledge—but at Magilligan it is possible to have the parkrun within the walls of the prison. In an intervention on the hon. Member for South Dorset, the hon. Member for North Herefordshire (Bill Wiggin), who has just left the Chamber, mentioned the notion of people going on a run outside the prison—but in this case they were not: they were on a run physically within the walls of Magilligan.

The pilot was set within the confines of that low-security prison. The scheme, barring any issues, could be a regular way of inmates getting exercise in controlled settings and yet outdoors. I have no doubt that the ability to enjoy the fresh air and perhaps have a bit of freedom readies prisoners’ mindset for what they would rather be doing when they are eventually released and get outside prison. The news reports were that up to 412 prisoners could get involved as two-kilometre walkers, as runners in the five-kilometre race or as volunteer organisers.

People from outside were brought in to participate, which brings a certain level of normality into the project. The parkrun scheme helps with not only the physical needs of inmates but—this is so important—their mental health, which we need to focus on. It is well known that those who exercise regularly are better equipped to deal with high-stress situations; I am sure that every MP is very athletic, because they deal with high-stress situations each and every day.

The organiser of the parkrun, Matt Shields, said:

“We believe prisoners have a lot to gain from parkrun, not only because of the obvious benefits of physical activity and volunteering, but also because of the ties it will foster with their families on the outside.”

A certain mindset is needed, which is the focus of the parkrun strategy and what it is trying to achieve. I do not know this scheme intimately, as others might, but from watching the TV and news excerpts, it seems to me that it is an opportunity to do just what the hon. Member for South Dorset was talking about in Dorset and elsewhere, as well as in Northern Ireland. Perhaps the Minister and the shadow Minister will comment on the scheme. I am sure that the Minister will do so.

Matt Shields went on:

“They can share experiences by taking part in parkruns simultaneously, meaning families can share results weekly and compare improvement and feel part of a common activity.”

So while prisoners are practising and training inside, their families and those outside can be doing similar things, which is almost an interactivity between two different locations, bringing people together. Parkruns have other things apart from physical activity—lessening mental stress and keeping focused mind-wise and body-wise for the outside.

As an activity that prisoners and staff can do together, parkruns also break down barriers and build cohesion among the prison warders and prison officers and the inmates. We are all aware of some places where conflict and aggression happen sometimes because of where people are, but this is a way we can do things better. I again quote parkrun organiser Matt Shields:

“For everyone involved we feel this is a win, win”.

That is surely a win, win, and one that could be replicated across the whole of the United Kingdom of Great Britain and Northern Ireland. The parkrun at Magilligan is certainly a start, and other parkruns are being looked at, including in other prison settings.

To conclude, I certainly support a scheme that may—not even may, but does—help to provide benefit to the rehabilitation and mental health of prisoners in a low-risk category, such as category D, which many of those prisoners are, as long as there is no chance of putting the public into danger or harm’s way. Let us remember that we have a responsibility for the general public and to ensure that their safety is in place—that is our paramount opportunity and responsibility. However, we also have a duty of care even to those who have done wrong and are repaying their debt to society—I believe that in my heart—and there is a safer and better way for them to do that than with weights in a gym.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 23rd January 2018 Commons Chamber

[Mr Gauke]

I thank my hon. Friend for his remarks. The safety of the public is the Parole Board’s overriding concern in considering whether a prisoner should be released, and that will be the Board’s concern when it comes to reviewing Pitchfork’s detention. I can confirm that the families of Pitchfork’s victims are receiving regular contact under the Probation Service Victim Contact Scheme. Specifically, they have been given the opportunity to submit a victim personal statement to the Parole Board and to make representations regarding licence conditions for any upcoming parole hearing.

[Jim Shannon (Strangford) (DUP)]

On the special protections in place for the release of sex offenders, does the Minister believe that releasing them to the same area that the attacks took place re-traumatises the victims and stirs up community anxiety?

[Mr Gauke]

Ultimately, these are operational decisions. A number of factors have to be taken into account in deciding what licensed conditions exist, but, clearly, the views and concerns of victims are an important part of that process.

Prisoners: Parental Rights

Jim Shannon Excerpts

Wednesday 13th December 2017 Westminster Hall

[Carolyn Harris (Swansea East) (Lab)]

I beg to move,

That this House has considered parental rights of prisoners.

It is a pleasure to serve under your excellent chairmanship, Mr Hosie.

A parent’s involvement in a child’s life is nearly always a positive thing that will enhance the child’s welfare, so long as the parent can be involved in a way that does not put the child or the other parent at risk of harm. I thank Women’s Aid and the NSPCC for the attentive and tireless work that they have done on the subject of this debate.

I want to make it clear that, generally, I see no problem with people who are in prison having a relationship with their children; in fact, I believe that contact is a healthy and sustainable way to ensure that a child is not affected by enforced separation. However, when I see that parental rights harm a child, I have to speak up. I am talking about someone being able to control their child’s life after committing the most obscene crimes against them. It cannot be right that the mother of children whose own father has sexually abused them has to fight for years just to change her children’s last name because they do not want to share it with their abuser. It cannot be right that she has to seek permission from that man, who stole her children’s childhood, to take them abroad.

When a person commits such horrendous crimes against their own children, that person cannot be allowed to pull the strings from inside a prison cell. I have seen cases in which a convicted child sex offender has the rights of a father and influences the lives of the children who were his victims. I have spoken to mothers whose husbands have abused their children, and I was left speechless and emotionally drained by their harrowing stories. They told me how their children’s right to be free from their abuser is being ignored. Those occasions are rare, but when children are the victim of a parent, the parent should lose the right to be just that—a parent.

When a child is taken into care as a result of a crime that a parent has committed against them, the state assumes responsibility of those children and the offending parent’s parental rights would be removed. However, when a parent abuses a child and the child stays in the custody of the other parent, the offending parent is allowed to exercise parental control over the child. Even though access to their children would be limited, supervised or even banned, the convicted sex offender can still have a say in their upbringing. A fundamental flaw in the criminal justice system allows that to happen, and it needs to be amended. Parental rights must be challenged when they have a damaging effect on a child.

The hurdles that parents face just to protect their children and move on to a safe and happy life are unbelievable. We have heard of children who have been ordered to have contact with the parent who has committed offences against them, even though in some cases children have been killed as a result of contact or residential arrangements. The family courts are left to decide whether the abuser having an input in the child’s life would benefit the child. The objective of family courts is to treat parents in exactly the same way and to get cases over with rapidly. That blinds them to the consequences of unsafe child contact—consequences that can be damaging and even fatal.

That brings me to domestic violence and its impact on children. The routine granting of direct, unsupervised contact, even when concerns about abuse are prevalent, reveals a pronounced lack of understanding about the effects of domestic violence on women and children. The point at which a survivor leaves an abusive partner is well recognised as a highly dangerous time for her and her children. Parental separation is often mistaken as equating to the end of the abuse and reduced risk for the mother and children; in fact, the risks are intensified. Around one in five children has been exposed to domestic violence, and 62% of children in households where domestic violence is present are also directly harmed. Children are being killed by violent fathers who have been allowed to see them through formal and informal child contact arrangements.

Further avoidable child deaths must be prevented by putting children first in the family courts, as the legal framework and guidance state. Only 10% of legal professionals say that judges fully comply with the judicial guidance for dealing with child contact cases where domestic violence is an issue. Most women want their children to have a relationship with their father, despite the violence that the women have experienced, but they want to ensure that any contact would be physically and emotionally safe for them and their children. Some 45% of women experience violence after making a contact order, most commonly in the form of threats and harassment.

The culture of “contact with the child, no matter what” needs to be reviewed. Less than 1% of child contact applications are refused, but domestic abuse features in around 70% of the Children and Family Court Advisory and Support Service’s cases, and in around 90% of cases that go to the family courts.

The system is failing children’s safety and wellbeing. The best interests of children should be the overriding principle of the family courts, but far too often that is simply not the case. I am calling on the Government to ensure that the family courts put the safety of children back at the heart of all decisions made by the family court judiciary. I welcome the revised version of practice direction 12J, which was adopted in October. It sets out new requirements for judges, including that they explain why contact will not expose the child to further harm and how it is in the child’s best interest. The practice direction requires the court to ensure that, when domestic abuse has occurred, any child arrangements ordered protect the safety and wellbeing of the child and the parent with care, and are in the child’s best interests.

The revised practice direction is a critical step forward but sadly, all too often, the guidance is not followed in such cases and children’s safety is put at risk. It is critical that all judges, magistrates, court staff and CAFCASS officers know about the new guidance and how to use it. I hope that the debate raises awareness of the new guidance and of how important it is to ensure children’s safety.

Although the revised practice direction is a step forward and places new requirements on judges, significant challenges to effective implementation remain. Training is critical to ensure that all judges, magistrates and staff involved know about the new guidance and, more importantly, how to use it. Mandatory training for judges, magistrates and all staff on all aspects of abuse and coercive, controlling behaviour should be part of a non-legislative package of measures. The training should be face to face, delivered by specialists and supported by ongoing professional development. It should cover the nature of coercive and controlling behaviour, the frequency and nature of post-separation abuse and, most importantly, the impact of abuse on victims. Training is vital to ensure that judicial guidance is implemented and that it informs safe contact arrangements for children in domestic and all abuse cases.

No child should have their life left in the hands of evil. No child should be harmed in an act of revenge or rage against the other parent. The impact of unsafe child contact can be devastating.

[Jim Shannon (Strangford) (DUP)]

It is nice to serve under your chairmanship, Mr Hosie, for the first time, I think. I thank the hon. Lady for securing the debate. In her speech so far, she has not mentioned the parental right of women prisoners to have their children visit them. It is important to have that in place, as well as a dedicated strategy for dealing with children’s access to their mothers in prison. I am ever mindful that in Northern Ireland, two thirds of women inmates are mothers. Of those, nine tenths have little or no access to their children. Has the hon. Lady given that consideration in preparing for her speech?

[Carolyn Harris]

I certainly have. I have just put a line through a large portion of my speech, because I totally agree with everything the hon. Gentleman says. I firmly believe that, in a healthy situation, it is vital for a child to have contact with their parent. However, I was recently contacted by a mum whose children were grotesquely abused by their father—a man who, in my opinion, does not deserve to be called their father. When someone is capable of stealing their own child’s life through sexual manipulation, their right to have a say about the future of that child should not mean that they are able to drag the mother to court at any opportunity. Such a man should not be allowed to have any influence or impact on his children’s lives, not just from the day he is convicted but from the day he takes their childhood away from them.

There is an urgent need for independent national oversight of the implementation of practice direction 12J. The Government and senior leaders in the family courts and CAFCASS need to bring about a cultural change in the family court system to ensure that the safety and wellbeing of children and non-abusive parents—parents who are left to pick up the pieces after such a terrible situation arises—are understood and constantly prioritised. That family—and that mother—have every right to get on with their lives, and the perpetrator of that crime needs to be removed from the situation.

All members of the family court judiciary and CAFCASS should have specialist training so that they understand the dynamics of domestic and sexual abuse and can recognise coercive control and the tactics used by abusive parents to manipulate their children’s lives from inside prison walls. The Ministry of Justice must ensure that safety and risk assessments are carried out in child contact and parental rights cases, especially when an abusive parent is involved. Assessments should be carried out by dedicated abuse practitioners who work for agencies that are dedicated to working with victims of abuse and adhere to a nationally recognised standard for responding to abuse cases.

When will we see the draft domestic violence and abuse Bill? I am interested in whether we can amend that Bill to take account of the cases of the parents I have talked to, including the one I mentioned whose life is being destroyed by a man in a prison cell who still tries to control the lives of her children. I thank the Minister for listening, and I hope that we can work together to try to find a solution that works for all. That would certainly give the children and the mothers and fathers who have been affected by this terrible crime some peace of mind.

Prison Reform and Safety

Jim Shannon Excerpts

Thursday 7th December 2017 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Bromley and Chislehurst (Robert Neill) on setting the scene so well. We have heard constructive contributions from Members on both sides of the Chamber. It is always good to have a Northern Ireland contribution in a debate on a matter that, to be honest, is devolved. It is good to hear observations from us in Northern Ireland; we encourage some of the recommendations that have been made, and have some suggestions that the Minister could perhaps look into.

I am very much of the school of thought that prisons play a key part in the structure of the nation in a twofold manner. I am thinking of the three Rs. The first is clearly retribution, which happens because the prisoner has done wrong and the courts have decided on a jail sentence. But alongside that, we need the other Rs: rehabilitation and retraining. If those elements are part of the process, we have a genuine chance of turning people around. I want that to be part of what we are trying to achieve through legislation and through the Select Committee.

We cannot ignore the rising number of suicides in our prisons. I think every hon. Member who has spoken today has mentioned this, and it is important to do so. Although the number of suicides in prison has doubled since 2013, the prison population has also doubled over the same time. But the number of suicides in prison is still higher than the average in the general populace. In prison, 120 people per 100,000 commit suicide, which compares with 10.8 people per 100,000 outside prison. I hope that the Minister will respond to that point and see what we can do.

The Prison Reform Trust has stated that prisons in the UK are currently holding 7,300 people more than capacity. The hon. Member for North West Durham (Laura Pidcock) mentioned assaults on prison officers. I am very aware of that issue because a lot of people working in prisons in my constituency—this is not a point for the Minister to respond to—are subject to assaults on a regular basis. There has been a 27% increase in assaults compared with last year, and reports say that officers are outnumbered three to one in some prisons. We must consider the need to develop inmates into efficient and beneficial members of society, including those who have unfortunately been involved in assaulting prison officers. We need to turn this situation around.

The hon. Member for Taunton Deane (Rebecca Pow), who is no longer in her place, mentioned gardening and the other work that has been done in some prisons. The Minister responded by giving her the opportunity to be the judge of the prisons’ gardening competition. There are things that can be done, but we are not seeing enough of them. We need more to happen. We must work our hardest to prevent those who have served their time from becoming repeat offenders. It is so important to address that issue compassionately, directly, efficiently and in a way that actually works.

The fact that 26% of those who serve their time reoffend within the next six months provides us with a clear example of how the prison system has—I say this gently—failed them. Only one in four prisoners has a job to go to on release from prison, and one in five employers says they would exclude or would likely exclude former prisoners from the recruitment process. Some 11% of those released from prison cannot get accommodation. It is important that we address these issues.

We are witnessing a dramatic change in the operation of our prisons, with fewer staff being responsible. We have not seen—again, I say this gently and graciously—the increase in the number of staff in prisons that perhaps we should have seen. I understand that only 75 members of staff have been recruited this year, when there is a dearth of more than 2,000. I also believe that 27% of frontline staff leave the role before two years of service. What are we doing to keep staff on board and not to lose them? We must establish a support system that helps new staff to acclimatise and adjust, not simply leave the service.

There are significantly high levels of mental health issues within our prisons. An unbelievable 26% of women and 16% of men in prison have received treatment or are currently receiving treatment for a mental health problem in the first year of their sentence. Everyone in this Chamber wants the same thing; it is about how we achieve it. I look to the Minister for his response; we are all here to support him. I hope we can get the results that we want.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Before I call the spokesman for the Scottish National party, the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), I am sure that it does not compromise my impartiality in the Chair if I wish him and his colleagues in Paisley the best of luck for the exciting announcement in about four and a half hours’ time of which town or city will be the city of culture 2021. I hope it is going to be Paisley—good luck.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 5th December 2017 Commons Chamber

[Amanda Milling (Cannock Chase) (Con)]

3. What steps he is taking to improve the court experience for victims and witnesses.

[Jim Shannon (Strangford) (DUP)]

13. What steps he is taking to improve the court experience for victims and witnesses.

[The Minister of State, Ministry of Justice (Dominic Raab)]

We are investing more than £1 billion in our court reform programme to make our justice system more sensitive to victims and witnesses and more accessible to the average citizen.

[Dominic Raab]

I pay tribute to my hon. Friend for the way in which she has championed this issue and to Jill Saward for her campaigning work. As part of our reform programme, we are rolling out section 28 pre-recorded cross-examination for vulnerable witnesses in the Crown courts. That will be rolled out initially in Leeds, Liverpool and Kingston upon Thames from next year, but the plan is for a national roll-out. We are also committed to extending section 28 to family law cases and we have announced legislation for that purpose in the Queen’s Speech.

[Jim Shannon]

The Minister is right that the victims should be central to Government policy. What support is available for both adult and child rape victims after the verdict, and will he outline the process whereby support is offered, regardless of the verdict?

[Dominic Raab]

In 2017-18, the Ministry of Justice allocated around £7 million as a contribution to 97 rape support centres across England and Wales to provide independent specialist support. In the same year, we allocated £68 million to police and crime commissioners. The hon. Gentleman raised an important aspect of the support, which remains available to victims after as well as before the conclusion of a trial, regardless of the verdict.

Legal Aid

Jim Shannon Excerpts

Wednesday 29th November 2017 Westminster Hall

[Mr Sweeney]

I think we both recognise that the situation in England and Wales is much more acute than it is in Scotland, but none the less, there are challenges facing the legal system in Scotland. I welcome that review and I hope it will take into consideration the financial constraints that legal aid provision in Scotland has faced in recent years, and take heed of what the Law Society of Scotland has urged.

To look back at the wider issue, an increasing lack of funds across the UK means that a growing number of solicitors will be unable to take on legal aid cases. The report “The financial health of legal aid firms in Scotland” of February this year found that those relying on legal aid might soon be unable to find a solicitor because many law firms simply cannot afford to carry out legal aid work.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on securing the debate and giving us a chance to intervene or speak on the subject. On average, since 2011, Northern Ireland’s annual bill for legal aid has been in excess of £102 million. Does he agree that, as we live in an increasingly litigious world, legal aid must be available to support those who have been wronged and cannot afford redress? Does he further agree that we must ensure they have protection? Protection is what they need, which is why they need legal aid.

[Mr Sweeney]

I agree. The fundamental, critical point of judgment on this is equality of access, not necessarily cost. Cost is a secondary consideration. Access is the fundamental right that all should be entitled to. That is the challenge we face, whereby some of the smallest legal aid firms are carrying out legal aid work at a loss and are at serious risk of not being able to offer legal aid work at all. Civil legal aid solicitors are paid for only approximately two thirds of the work they carry out, and criminal legal aid solicitors are paid for only three quarters of the work they carry out.

As if that were not bad enough, we have seen even greater ravages to the system in England and Wales following the cuts made by the Tory Government. That has taught us what happens when access to justice is removed from people in our democracy: further inequality, marginalisation of the most vulnerable, a self-defeating increased cost to the public purse and a fundamental impact on our society.

Access to justice has been seriously undermined by the Conservative Government, with hundreds of thousands of people unable to afford to defend their rights following savage cuts to the legal aid budget as part of the 2012 reforms, where the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—LASPO—left many vulnerable people unable to defend themselves in areas as fundamental as housing, employment, immigration and welfare benefits. We have seen not only a decline in access to legal aid providers, but, as mentioned by my hon. Friend the Member for Barnsley East (Stephanie Peacock), the number of providers cut by a shocking 20% in just five years, and a limiting of the scope of legal aid itself. It has been an all-out assault on justice.

This summer’s Supreme Court ruling that the Government acted unlawfully by imposing employment tribunal fees underlines just how far they have gone in restricting people’s access to justice. We have a Tory Government attacking people’s living standards and, at the same time, deliberately undermining their ability to defend themselves from those very attacks. It is a cynical, Kafkaesque nightmare perpetrated on the poorest. Britain’s most senior judge, Lord Thomas, has said:

“Our justice system has become unaffordable to most.”

Amnesty International’s 2016 report, “Cuts that hurt: the impact of legal aid cuts in England on access to justice”, states:

“Cuts to legal aid imposed by this Government have decimated access to justice and left thousands of the most vulnerable without essential legal advice and support. We are in danger of creating a two-tier civil justice system, open to those who can afford it, but increasingly closed to the poorest and most in need of its protection. From parents fighting for access to their children, to those trying to stay in the country they have grown up in, and to people with mental health problems at risk of homelessness, these cuts have hit the most vulnerable, the most.”

LASPO removed whole areas of law from the scope of legal aid and drastically reduced the percentage of the population eligible for the legal advice service and representation that still exists. Spending has fallen from £2.2 billion to £1.62 billion per year. As a result, the number of civil legal aid cases, which was 573,744 in the year to April 2013, has now fallen to a shocking 146,618 in the year to April 2017. In some regions the fall was even greater. For example, in October The Independent reported:

“Legal aid cuts have triggered a staggering 99.5 per cent collapse in the number of people receiving state help in benefits cases”

with just 440 claimants given assistance in the last financial year, down from a massive 83,000 before the £1 billion of cuts imposed by the Tories. That is absolutely shocking.

One of the Government’s stated aims in no longer funding lawyers for low-income couples arguing over divorce or child arrangements was that that would encourage them to seek mediation instead, but the Government have acknowledged that the opposite has happened, with mediation numbers falling off a cliff and a huge rise in people attempting to navigate the family courts with no lawyer or legal representation. Even more appallingly, not a single person with a discrimination complaint was referred to see a legal aid lawyer in the last year, as BuzzFeed News revealed just last week.

During a time of austerity, it is fanciful to believe that the decline in numbers reflects reduced demand. This is a deliberate effort to exploit the weakest in our society and deny their access to justice.

Family Justice Reform

Jim Shannon Excerpts

Wednesday 15th November 2017 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Fareham (Suella Fernandes) on setting out such an effective case. When researching this subject, I was very conscious of its complexity—she referred to that—and I want to look at a couple of points in particular. The scope of the debate far outweighs the allocation of time that we have to explore, discuss and come to conclusions, but it is an opportunity to put down some markers on constituency cases that need consideration. I am pleased to see the Minister in his place and, as always, I look forward to his comprehensive reply.

I mainly work in my Ards constituency office, with four female members of staff. There is one male and another female staff member in one of my other offices. It is hard to believe that there are so many women in what the media has made out to be a male-dominated world—in my office, they outnumber us by three to one, and that is the way life is. During a recent coffee break conversation, some of my staff highlighted to me a legal issue they had dealt with, which I want to put on record—it is one of two things I want to put on record in Hansard today.

Northern Ireland, and I suspect other parts of the country, has very little legal protection or standing for those who are common-law partners. A lot of people have the perception that common law gives the same protection as a marriage licence, but that is not the case. It was only when that came to my attention through my constituency office that I recognised that this is an anomaly that needs to be addressed, and I want to present that case today. What I found surprised me, but it is certainly the case, and the Northern Ireland Direct website provides further information:

“Most people think that after they’ve been living with their partner for a couple of years, they become ‘common law husband and wife’ with the same rights as married couples. This is not the case. There is no such thing as ‘common law marriage’. In fact, couples who live together, also called co-habitants, have hardly any of the same rights as married couples or civil partners. Legal and financial problems can arise if you decide to separate, or if one of you dies. And while you do have legal protection in some areas, you should take steps to protect yourself and your partner.”

The website is clear and makes people aware of that, but the fact is that people do not look at those things unless the need arises.

In my office, we have had a couple of examples of people who have been together for a long time, and I would like to give an example without mentioning any names or circumstances. Let us take a couple who have lived together for 10 years. The lady moves into the man’s home and begins to pay into the house. Her name is not on the deed, and therefore there is little protection. I put it to the Minister that that should not be the case. I can understand that when there is a short-term relationship that does not work out, but not in cases where partners are co-habiting for years. They have no legal protection whatever. It is up to us to step up and put in place those protections.

[Tim Loughton]

The hon. Gentleman is making a very good point, which I make in my forthcoming private Member’s Bill about extending civil partnerships to opposite-sex couples. There are 3 million couples in this country living in the circumstances he describes, more than half of whom have children, who have no rights—financial, tax or inheritance, and so on. I hope he will support my Bill, which would extend the rights that married couples have to couples who do not want to enter a formal marriage. That relationship could be recognised by the state and they could be given all those rights through extending civil partnerships.

[Jim Shannon]

I thank the hon. Gentleman for his intervention and explanation. There is no reason why we cannot support that—indeed, I am going to say those things right now. I fully support what he has put forward.

In the example of the lady who moved in and paid into a mortgage, everything in her relationship was in the name of her partner—their house, their car and every other loan they took out. At the end of the relationship, which ended through no fault of her own, she ended up with absolutely nothing. I find that quite annoying, and I want to put that on record. There should be no young woman or man who has paid off someone else’s mortgage, only to receive marching orders because the grass is greener on the other side.

I ask the Minister to consider working with all the devolved Assemblies—as long as we have a Northern Ireland Assembly, of course—to tighten up protection and responsibilities for long-term co-habiting partners. At the very least, people should be made aware that the common-law principle is a myth. When they chose to move in with someone rather than to formalise their choice, they are left open, and legal redress is a long and drawn-out process. There is a process, but it is laborious, convoluted and difficult to see through. In my introduction, I said how complex the situation is; the stories of the people who come to tell me what they have had to go through to try to get to the end of the road are quite unbelievable.

People can prove they have lived in a house through direct debits and other bills that they pay, but that process should not be difficult or open to badness—if I can use that terminology—from one partner, leaving the other partner homeless and hopeless.

[Ian C. Lucas]

The hon. Gentleman is making a compelling case. There is a horrible consensus emerging in the debate, particularly on common-law marriage. The idea emerged from I know not where, but it has never ever existed. The other important aspect is that the whole process is hideously expensive. For someone to establish their rights through the courts, which may be possible through a resulting trust or a constructive trust, is impossibly expensive for most ordinary people.

--- Later in debate ---

[Jim Shannon]

I am glad that the hon. Gentleman made that intervention, because that is something I had not focused on and it is good to have it on record. The process is hideously expensive, and prohibitive, by the very nature of the costs involved.

I am very conscious of the time, so I shall fire on, but another issue I wanted to focus on is reform of grandparents’ rights, which the hon. Member for Mid Worcestershire (Nigel Huddleston) commented on. I have dealt with a number of cases in my office where this problem arises. Grandparents have no special right to see their grandchildren in England, Wales and Northern Ireland, but can ask for contact, just like any other interested party. I tell you what, Ms Ryan, people go through that process only because they love their grandchildren and would do everything they can to try to see them; the process would put people off.

Winning contact through the court system is, at best, a two-step process. The first step is to ask for leave from the court—in other words, grandparents must ask the court for permission to petition. If the first step is successfully negotiated, grandparents must ask for a contact order. Contact orders specify direct or indirect contact. I am a doting grandparent of two young girls, and I would find it impossible to comprehend being kept from them. Grandparents come to me and tell me about their cases, and I understand the heartache and pain they feel if, perhaps due to the actions of their child, they are prevented from seeing their grandchild. To petition the court is onerous and frightening. For cases in which the behaviour of the grandparents is not an issue, I say respectfully to the Minister that he should implement a new system, whereby access is expected unless there is a reason not to grant it.

I do not pretend to be a legal expert. When legal issues are referred to me in my office, I always seek a legal opinion from those who know best, as I should. I believe that it would be a worthwhile use of the Department’s time to give grandparents the knowledge that, no matter what the circumstances of the familial breakdown are, they have a legal right to see their grandchild for a set amount of time. That should be there for them. I ask the Minister to take that into consideration when undertaking a review of family law.

Families exist in many different forms, and the law must be fluid and capable of changing to best meet their needs. It is impossible to legislate to cover every eventuality, but we can and must offer more help and protection. I say respectfully that the Government need to do that. I ask the Minister to consider those two examples, which I have been directly involved with through my office, in looking at how we can have better laws.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Before my hon. Friend concludes, does he agree that, although mediation does not always end up in a happy place, if it is entered into amicably by both sides, it can assist in resolving matters at an early stage or in making the separation much less distressing, particularly for the children?

[Jim Shannon]

Yes, mediation can help. In many cases in which I have suggested it, there has been a successful conclusion. That does not happen in every case, but it is good to have a mediation process in place so that we can negate the negative and problematic conclusions.

I look to the Minister for support and advice about how best we can address these examples—I gave two, and other hon. Members will put forward many others. We need better laws and better protection.

--- Later in debate ---

[Dr Lee]

I thank my hon. Friend for his intervention. As a constituency MP, of course I recognise examples of the situation he describes. I assure him that I will pass on his concerns to the Minister responsible.

[Jim Shannon]

I think the Minister said he was about to conclude, but I wanted to intervene before he did. I know he is not the Minister directly responsible, but individuals in the Chamber have brought some things to his attention. May I request a response from him on each of those individual issues—a comprehensive response, I hope? I certainly wish for a response on the two examples that I brought to his attention.

[Dr Lee]

I thank the hon. Gentleman for his intervention, but I will come on shortly to questions asked in speeches and interventions. If I fail to answer all the questions, of course a response will be arranged.

My hon. Friend the Member for Fareham is not alone in calling for greater transparency in family proceedings. Openness can lead to greater accountability and improve public understanding of the decisions of the court. The Government therefore fully recognise that family proceedings should be as transparent as possible. That is why we welcome the progress that has been made in this area in recent years. Since 2009, accredited media have been allowed access to certain hearings in the family courts, and in 2014 the president of the family division introduced judicial guidance that has resulted in the publication of more judgments than ever.

Arguments in favour of greater transparency, however, must of course be weighed against the need to safeguard children and their family’s privacy. The family courts often consider extremely sensitive information about individuals which should not become public. They must be cautious about putting information in the public domain that, even if anonymised, could lead to the inappropriate identification of vulnerable parties. We continue to work with senior judiciary to ensure that the right balance is struck between transparency and privacy.

I will now respond to some of the specific points made by hon. Members during the debate. The hon. Member for Strangford (Jim Shannon) raised the role of grandparents. We recognise the important role that grandparents can play in a child’s upbringing. It is obviously preferable to reach an informal agreement on contact with the family, and we encourage families to consider the role that mediation can play. If that fails, grandparents can apply to the court for an order. In answer to the question on cohabitation and civil partnerships, cohabitants have some legal protections under the general law. Parents who have cohabited also have access to the court for orders relating to children. The Government Equalities Office is evaluating the impact that the marriage of same-sex couples has on the take-up of civil partnerships. It will also carefully consider the Court of Appeal judgment before the Government decide on their next steps.

The hon. Member for Wrexham (Ian C. Lucas) raised the question of access to justice and support for litigants. The Government have taken action to improve support for litigants in person, including sponsorship of plain English guidance. The Family Justice Council has produced a range of accessible guides for separating couples, which are available on the advicenow website. In answer to his earlier intervention with regards to legal aid cuts destroying access to justice, I respond on behalf of the Government that that is not the case. Legal aid is a vital part of our justice system but we must ensure that it is sustainable and fair for those who need it, for those who provide legal services as part of it, and fair for the taxpayer who ultimately pays for it. We have made sure that legal aid continues to be available in the highest priority cases, for example where people’s life or liberty is at stake, or where their children may be taken into care.

My hon. Friend the Member for Wells (James Heappey) raised the challenges of potential vexatious use of the family courts. We have been working closely with the judiciary to improve in-court protections for vulnerable court users. New court rules and a practice direction come into force this month with the same aim. We are determined also to give family courts power to prevent unrepresented abusers from cross-examining their victims and the court has powers to manage cases appropriately and to prevent vexatious litigation.

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) raised the question of the Government agreeing to introduce 50:50 parenting. The Government are aware of the difficulties that non-resident parents can face when attempting to spend meaningful time with their child following separation or divorce. However, introducing an automatic presumption of shared parenting in all cases would not always be in the best interests of the children involved.

I will turn to the first question raised by the shadow Minister, that too many children are taken into care for inadequate reasons. The law is clear that local authorities must first consider placing a child with relatives or friends. A loving, supportive family is the best place to bring up children. The Government have always been clear that the right to permanence option—whether adoption, special guardianship, kinship care or foster care—will always depend on a child’s individual needs and circumstances. The ultimate decision to remove children from their families rests with the court.

With regards to legal aid for private family law proceedings, we have made sure that such aid remains available for victims of domestic abuse. We have reviewed the arrangements for making legal aid available to victims of domestic abuse in private family cases, and we will announce further improvements shortly.

We have had a fantastic debate, with contributions from my hon. Friend the Member for Fareham, the hon. Member for Strangford, my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont)—who contributed to my belief that the Conservatives should look north of the border for sensible solutions on so many things, including family law—the hon. Member for Wrexham, my hon. Friends the Members for Henley (John Howell) and for Wells, and the hon. Member for Lanark and Hamilton East (Angela Crawley). I am hopeful that we can work across the House and beyond as we continue efforts to improve the family justice system.