(2 days, 8 hours ago)
Public Bill Committees
Joe Robertson (Isle of Wight East) (Con)
Q
Sir Brian Leveson: There are lots of reasons.
Joe Robertson
But jury trials are not the principal reason.
Sir Brian Leveson: No, no, I do not and have never blamed jury trials at all. The reason is that the complexity has changed. Pace, disclosure of unused material, special measures, bad character, hearsay and data—cell site data, which is now critical to almost every single prosecution, and data taken from phones—have all added to the complexity and length of trials. I am not criticising juries at all, and I welcome jury trials, but the threshold must now be adjusted if we are to get justice for everybody in good time.
The Chair
That brings us to the end of the time allocated for the Committee to ask questions during this panel. Thank you very much for coming to give evidence, Sir Brian. We would have liked to have longer with you, but we have many witnesses to question. On behalf of the Committee, I thank you for coming and for giving evidence.
Sir Brian Leveson: You are very welcome, Sir John. If I can help in any other way, I will. I am happy to meet parliamentarians: I have offered to meet the Conservative party and the Liberal Democrats, and I am happy to meet anybody to talk about this on a cross-party basis.
Joe Robertson
Q
Dame Vera Baird: Is it your only point? The answer would be that judges are not as diverse as juries.
Joe Robertson
Q
Dame Vera Baird: Not in the slightest. I assume you know that 73% of people who are entitled to a jury trial do not elect it and choose to stay in the magistrates court. That is men, women and black people. Black people and women disproportionately elect trial because they clearly feel that they will get a fairer trial with a diverse jury, but who says that is right? On the day, if you were a sex offender with some nasty allegations, for instance, you would have a better chance of acquittal in front of a judge than you ever would in front of a jury. It is just an opportunity to try to pick the best trial for yourself, but it is a punt in the dark. It is a go on the wheel of fortune. Sometimes it will work and sometimes it will not.
Joe Robertson
Q
Dame Vera Baird: Seventy-three per cent of people offered jury trials do not take the offer up. Are you sure that the term “elect” is correct? Is it not “demand”?
John Slinger (Rugby) (Lab)
Q
Professor Hohl: This is an unanswerable question. What is fairness? [Interruption.] Well, it is an answerable question, but not a black and white one. We have heard this morning about a separation between the speediness of justice and the fairness of justice, as if they were two different things, when all the research shows that, for both defendants and victims, the time taken is part of justice. To artificially separate them does not work.
The way we measure the fairness of the system is about due process, not about outcomes. We cannot measure fairness through conviction and acquittal rates. The way our system is set up is about due process. Due process is not taking place when the system is on its knees, so getting the system to function better, so that due process can take place, should lead to a fairer system—provided that the Bill functions as intended.
Joe Robertson
Q
Dame Vera Baird: Of course not, and I did not intend to say that. I have been trying to think, since we discussed it, about how I would feel if my experience were being used for a political cause, and it had been a very nasty experience. I might feel the same sort of—I do not know whether it is resentment or disappointment, or whether it is that it was inappropriate. I can well understand that, but many other victims do not agree that this will not help.
Women are waking up every morning, for three or four years, dreading the day when they will have to relive what happened to them in rape cases, or a man who has been very badly beaten up might wake every morning, worrying that he will have to relive it. It goes on and on like that, because there is a right to demand—as, I am afraid, I would phrase it—a trial for relatively small offences. I do not make little of them, but those will be in the queue. If Charlotte’s case is coming up next Monday, all the cases that have elected for trial before hers will be in the queue in front of it.
indicated dissent.
Dame Vera Baird: I see Kieran shaking his head, but there is no other way. There is a limited opportunity to give priority to cases. Obviously a very important point is whether the defendant is in custody. Most rape defendants are not in custody, because it is a “one word against the other” case, so they cannot be given any real priority for that reason. We end up very regularly with cases that took as long as Charlotte’s. That is really awful for a large number of victims. It also gives very little to the people who want this right: 64% of people who elect for trial plead guilty before they get to trial. You have to ask why they are electing for trial if they are going to plead guilty, but they have blocked up the jury list all of that time. This is about freeing up the jury list.
Amanda Hack
Q
Jade Blue McCrossen-Nethercott: I guess there is the hope of fewer adjournments and fewer last-minute changes, which we hear about quite a lot. Any measure that could increase capacity for these kinds of cases is a measure we could get behind. Just having that—being able to plan your life and have reassurances that it will be going ahead—is important.
In the past, one of us mentioned floating trials for rape cases, which is, quite frankly, just absurd. Being able to have dedicated time to ensure that these cases do not become floating trials and that there is capacity for them to be seen in a prompt and timely manner would be welcome.
Morwenna Loughman: The first time my trial was listed, unbeknown to me and the rest of my family, it was listed as a floating trial, which means that two or more cases—in this instance, rape cases—are scheduled for the same time, on the same date and in the same court, on the assumption that at least two of you will drop over the course because it is so harrowing and re-traumatising. That is why mine got delayed right at the last minute.
We have talked a lot about the education of judges, which is absolutely essential, but we must also consider the education of juries. As I have said, they are not bastions of infallibility. The man who raped me was convicted. He was found guilty, but not unanimously. He was sentenced to 15 years, which gives an indication as to the level of injury that I sustained.
Two members of the jury found him not guilty and acquitted him of all charges. It was a majority vote; there was no unanimity, and it took them three and a half days to deliberate, even though I had received 48 injuries and he was arrested on the scene. I could go on about the extenuating circumstances. In every sense, how did it take them three and a half days to not even conclusively decide that this man had raped me?
Charlotte Meijer: I will add to that. The removal in the Bill of the defendant’s right to elect will make the victim feel empowered, knowing that the perpetrator is not in control. As I have said, there is the recording of magistrates courts, and the Bill is our hope that the waiting time will go down. That is the core reason why we are doing this. The system cannot get any worse than it is, so the waiting going down will be a significant change.
Joe Robertson
Q
I turn specifically to the removal of the presumption that a child should have involvement from both parents. What do you say to the overwhelming body of evidence that for most children—not all, but most—it is in their best interests to have some contact with both parents?
Farah Nazeer: The point is about abusive relationships. If the court is set up to look at the welfare of the child primarily, if there is not a history of abuse or domestic abuse in that setting, that will invariably be the outcome. This is to protect those cases where there is abuse within the context of the relationship, so it is not a case of one thing or another thing; it clears the path so a court can look objectively at whether or not there is a safeguarding issue there for the child without the burden of the presumption of contact. You start with the welfare of the child.
Joe Robertson
Q
“the child’s welfare shall be the court’s paramount consideration.”
That is already there. Section 1(3)(e) says that the court must have regard to harm that a child
“has suffered or is at risk of suffering”.
Those two provisions will instantly knock out any presumption that it is in the child’s best interest to have some involvement—that does not even mean contact—of both parents. I am just trying to understand why you think this change is needed, given that those provisions are already in the law.
Farah Nazeer: Primarily because those provisions have not saved the lives of the 63 children who have died since Women’s Aid has been working on this. In spite of known abuse, the court has granted unsafe contact, primarily to abusive fathers, and those children have died as a result.
Last year we published a report called “Nineteen More Child Homicides”. Those child homicides were as a result of known perpetrators having unsafe child contact in spite of the court hearing about abuse by those fathers, predominantly—18 were fathers, one was a mother—who then murdered their children. The previous report some four years before also saw 19 children murdered in exactly the same set of circumstances. The report before that saw significantly more children murdered. What this does is set a very clear bar that you start with the welfare of the child. This is a response to the failure of that culture. That is why it is so important.
Joe Robertson
Q
Farah Nazeer: Absolutely. The presumption is a really important first step because without the presumption, we will automatically default to the status quo. That is where the training and an understanding of domestic abuse and coercive control come in. As you can hear, we are not in a situation where safeguarding is applied consistently or domestic abuse or sexual violence are understood consistently. That is where the mandatory training piece has to come in to accompany the change to the law.
Linsey Farnsworth
Q
As a former Crown prosecutor, one aspect of the criminal justice system that concerned me was the appeals process from the magistrates court to the Crown court. As you all know, if somebody is convicted in the magistrates court, they have an automatic right to a retrial at the Crown court without having to give any reasons, regardless of whether there was a fair trial in the magistrates court or otherwise. If the victims and witnesses want to continue the process, they have to give evidence all over again through that appeal, otherwise the appeal is successful.
The Bill seeks to get rid of that automatic right and put the process more in line with the Crown court appeals process. There will have to be grounds to suggest that the original trial was unfair. As victims and survivors who have had access to the criminal justice system, what is your view on the current system of retrials and appeals from the magistrates court in terms of fairness to victims and the likelihood of victims attending to give evidence and being re-traumatised? I am also interested in whether the automatic right to appeal and have a retrial is used as coercive control in the current justice system. There is a lot to unpack there, I grant you.
Charlotte Meijer: There are a lot of questions there. From my experience, we will never know whether my perpetrator picked a magistrates court because he knew that, if he was found guilty, he could have then dragged me on to a Crown court case—we do not know.
It is absolutely terrifying because, as we all know, going through a trial for the first time is horrific—it is something that I never want to do in my life again. I had the ability to go to court again for rape, and I declined it; if there had been an appeal and I had to go again to a Crown court, I probably would have dropped out. It is not something that I would want to experience twice.
There is also a really interesting thing there. What does that say about our magistrates courts? Are we basically saying that they cannot do what they should be doing? I think that changing the system strengthens the trials and credibility of magistrates courts—they should be credible, given that 90% of cases go there. It also shows that it is the final choice; the decision will be made there, unless more evidence comes forward.
On what you said about fairness to the victim, there is obviously no right to appeal for a victim if there is a not guilty verdict. I know there is a tiny bit of legislation to say that, if there is a huge amount of new evidence, they could reopen a case. However, that barely happens. You are basically told no, so how come a perpetrator can just appeal without any reason? From victims’ perspectives, and from my perspective, it is an absolute no-brainer.
(2 weeks, 3 days ago)
Commons ChamberThe number of outstanding cases in the Crown court is 79,619. The outgoing Conservative Government promised to reduce the backlog; it should have been 53,000 by April last year. Their abject failures led the present Government to ask one of the country’s most foremost experts on the criminal courts, Sir Brian Leveson, to propose comprehensive court reforms—reforms without precedent in half a century. Sir Brian produced his review in two parts, totalling over 1,000 pages and 180 recommendations. The Bill legislates where legislation is necessary to implement parts of Sir Brian’s review.
Given the current dire situation, with many victims waiting two or more years for their cases to be resolved and defendants spending far too long in custodial remand, the Government are right to propose structural change; otherwise, they would be endorsing perpetual delay.
Not yet; I am conscious of the time.
The removal of the right to elect for either way offences in clause 1 is the single most significant measure in reducing the caseload of the Crown court, with the Bill’s impact assessment indicating that that change will see 16,000 fewer sitting days in the Crown court each year.
In clause 6, the Government propose to increase the maximum sentencing power of the magistrates court to 18 months. We are told that will save a further 8,000 sitting days in the Crown court. Taken together, those two measures—ending election and extending magistrates’ powers—represent a sizeable shift of the caseload out of the Crown court and into the magistrates court. That will deliver on the main objective of these reforms, which is to ensure the capacity of the Crown court to try the most serious criminal cases in a fair and timely manner. There has been less scrutiny on how magistrates will cope with their new responsibilities; I will deal with that in a moment.
Clauses 3 to 5—the provisions that have attracted the most debate—will establish the Crown court bench division to enable cases with a likely sentence of three years or less to be tried on indictment without a jury. Clause 4 will allow trial by judge alone for some complex and lengthy cases. Compared to the other measures in part 1 of the Bill, those will have a less significant effect on the backlog, but a still substantial 5,000 Crown court days will be saved.
I accept the Government’s argument that there is a strong case for modernising how the Crown court operates. Some improvement will be achieved through adopting the measures on efficiency set out in part 2 of Sir Brian Leveson’s review, or the additional resources promised under the concordat with the Lady Chief Justice that will remove restrictions on court sitting days, but those are unlikely to be enough on their own. Given the crisis that the criminal courts are facing, I am willing to support the creation of the Crown court bench division and the other measures in part 1 of the Bill.
I do not accept the case made by some that the proposals represent the end for jury trial and that the Bill should be opposed on that basis. Of the 3% of criminal cases that currently go before a jury, about a third—some 4,000—of the less serious of those offences, such as possession of class A drugs, car theft, affray and large-scale waste dumping, will now go before a judge alone. I do not believe that undermines the jury system, although it will undoubtedly change how some cases are tried. Therefore, arrangements for judge-only trials in the Crown court need to be carefully reviewed once they are in force to test whether they deliver the time saving promised without undermining the right to a fair trial.
I turn to my reservations on the proposals. I am concerned that magistrates courts will not be able to cope with the increase in caseload envisaged by the Bill. The work of the magistrates court is delivered by a range of dedicated public servants: magistrates, district judges, legal advisers, His Majesty’s Courts and Tribunals Service staff, probation, the Crown Prosecution Service and legal aid lawyers. However, we know that recruiting and retaining many of those key personnel are long-standing problems.
The Lord Chancellor wrote to the Justice Committee last week and told us that the Ministry of Justice hopes to recruit thousands of magistrates and hundreds of legal advisers and district judges over the next year or two. I am concerned that those are very ambitious targets, and that even if the recruitment bear fruit, they will not meet the challenge of diverting 24,000 days of complex hearings from the Crown court each year while dealing with the existing problems in the magistrates court, which has its own backlog.
Clause 7, which seeks to reform appeals from the magistrates court, will require electronic recording of proceedings. That strikes me as a significant change. The impact assessment is not clear about how much that will cost, but I doubt whether it can be delivered either quickly or cheaply.
Another area of concern is the process for allocating cases for judge-only trials. Prosecution and defence lawyers will wish to make written and oral submissions, and some may seek to challenge decisions on allocation by judicial review. To those concerns should be added the differing eligibility for legal aid in the Crown and magistrates courts and concerns that the loss of a lay presence in determining innocence or guilt risks losing diversity and adding unconscious bias.
(3 months, 3 weeks ago)
Commons ChamberThe day I was called to the Bar, back in the mid-1990s, was a huge moment in my life. I came from a working-class, poorer background, raised by a single mother, and I am deeply saddened that over the last few years young people from all backgrounds have been put off from becoming criminal legal aid solicitors or barristers. We must do something about that, and I have found the money not only to raise fees for barristers and other lawyers in this area, but also to ensure that the next generation of lawyers comes through. I hope that is not lost in some of the misconceptions about jury trials.
Joe Robertson (Isle of Wight East) (Con)
The Justice Secretary blames the court backlog on a reduction in funding by the past Government, yet he plans to reduce access to jury trials permanently. Is not the truth of it that he does not want to fund courts because his Government have prioritised welfare for the few over justice for the many?
(8 months, 2 weeks ago)
Commons Chamber
Sarah Sackman
I welcome my hon. Friend’s question and I am grateful to him for raising the pathfinder court. These pilots are proving incredibly successful. They front-load a lot of the evidence gathering, they put the safety of children and family arrangements right at their heart, and they are proving a really successful model, which is why we plan to roll them out further. As part of that, as he has heard, we will be publishing our response to the presumption review very shortly.
Joe Robertson (Isle of Wight East) (Con)
The backlog of cases in the Isle of Wight coroner service is the worst in the country, causing pain and distress to too many families, some of whom are waiting 800 days to find out what is happening to their loved ones. Will the Minister offer any comment or support to those families, and will she agree to meet me to discuss how we deal with the problem of the Isle of Wight coroner?
I thank the hon. Member for his engagement on this issue. He has written to me and we have had quite productive conversations about it. I recently met the chief coroner to discuss the specific issue on the Isle of Wight, because we know that the delays are causing untold turmoil to families in an already awful, traumatic process. I will happily meet the hon. Member to discuss a way forward, but I am reassured by the action being taken by the chief coroner to address the issue in the Isle of Wight directly.
(9 months ago)
Commons Chamber
Sir Ashley Fox (Bridgwater) (Con)
The Chancellor substantially increased the budget of the Ministry of Justice in the spending review from £11.9 billion in 2023-24 to £15.6 billion in 2028-29. We are told that that is a real-terms increase of 3.1% over five years. It is our duty in this place not just to applaud ever larger sums of money being spent, but to scrutinise whether that money is spent well and to ensure it represents good value for money for the taxpayer. There is no question but that the criminal justice system is under strain. I trust the Lord Chancellor will do her best to ensure that she uses the money wisely to fix the various problems the Chairman of the Select Committee has described.
One of the biggest problems facing the criminal justice system is the Crown court backlog. As of the end of 2024, almost 75,000 cases were awaiting trial. That is an increase on the figure when the Lord Chancellor took office and it is projected to rise further. Justice delayed is justice denied. Witnesses’ memories fade and victims feel that they have been forgotten. I appreciate that much of that rise was caused by the pandemic, and we are still dealing with the fallout, but the Lord Chancellor must do more to reduce that backlog.
Although there is more money for the courts as part of the spending review, we need to ensure it is effectively deployed. The Government say it is a priority, yet we still have empty courtrooms. When the Lady Chief Justice came to Parliament last November, she offered 6,500 additional sitting days. Will the Minister explain why the Lord Chancellor did not accept every single one of the extra days offered? The Lord Chancellor must use the additional money she has been given to improve the efficiency and effectiveness of both the Crown and magistrates courts, and to reduce the backlogs.
The justice system also faces a lack of prison spaces. The Gauke review, commissioned by the Lord Chancellor, has effectively recommended the ending of short prison sentences in favour of community sentences. About half of admissions to prison are for sentences of less than 12 months. The Howard League says that about 30,000 people a year are sentenced to six months or less. Setting aside for one moment whether that is the right policy, which I doubt, if it is implemented by the Government it will require a very large increase in the number of probation officers.
Joe Robertson (Isle of Wight East) (Con)
My hon. Friend talks about probation and prison places. Does he share my concern that it is all very well for the Government to announce £7 billion to deliver prison places by 2031, which is six years away, while 16,000 prisoners are walking the streets because they were released earlier by this Government? What will happen in the next six years? Will more prisoners be released early while we wait for those prison places?
Sir Ashley Fox
The danger is that the public lose confidence in the criminal justice system if prisoners are released so early. As I mentioned, there is already a shortfall of nearly 2,000 probation officers. In fact, there are now 200 fewer probation officers than when Labour took office. If the Government intend to go ahead with this plan, we need to know how they plan to recruit the additional probation officers that they will need. What is their plan? If they go ahead with abolishing short sentences, those community sentences will have to be seen by the public to be really tough and worthwhile if the criminal justice system is to retain confidence. I fear that the Government do not have a plan for that. Although we see more money allocated in the budget for prison and probation services, we do not get any detail about what that means for the recruitment of those extra probation officers. I would be grateful if the Minister could address that point.
I also ask the Government to look at other methods of alleviating the strain on prison places that do not involve additional expenditure—for example, deporting foreign national offenders. There are currently 11,000 foreign offenders in our prisons, but our record on deporting them remains poor. Only 3,500 were deported last year, and too many are still able to avoid deportation by using the European convention on human rights. This needs to change. The Government have said that they will review the right to family life being used in appeals in serious cases related to asylum seekers who have been convicted of sexual offences. I welcome that, but we need to go much further. We should deport all foreign national offenders at the end of their sentences and disapply the Human Rights Act.
The obvious way to ensure that we have enough prison spaces in the longer term is to build more prisons. During the general election campaign, Labour promised to build 20,000 additional places, but in the year since the Government took office, little progress has been made, and it was recently revealed that they have actually cut hundreds of millions of pounds from the capital budget to cover the cost of pay increases for staff and the imposition of the Chancellor’s jobs tax.
It is always tempting to welcome an increase to a Department’s budget, but we need to ensure that the spending is matched by proper accountability and planning. We cannot afford for this new funding to be simply absorbed by justice bureaucracy. Will the Minister explain how much of the extra money that his Department has been allocated will go in additional national insurance charges, wage rises and inflation? It is simply not credible to make countless promises in opposition or on the campaign trail, only to quietly shelve them when in office. The Opposition will hold the Government to account for the commitments they have given.
Linsey Farnsworth (Amber Valley) (Lab)
I, too, am a member of the Justice Committee. I am also a former prosecutor who worked in the criminal justice system.
Today is an opportunity not only to examine the Ministry of Justice’s estimates for the coming year, but to assess whether our criminal justice system is being resourced to meet the scale of the challenges it faces and to make our communities safer. I want to talk about the sentencing review and its impact on resourcing, especially for the Probation Service.
We inherited a system that was on the brink of collapse. The 2024 report on prison population growth revealed that England and Wales had the highest per capita prison population in western Europe. Our Government had to respond to that crisis immediately on entering into office. My right hon. Friend the Justice Secretary’s temporary early release scheme was a difficult but necessary decision to protect the justice system from breaking altogether, and to ensure that dangerous offenders were not turned away from the courts due to lack of space.
Joe Robertson
The hon. Member referred to the early release scheme as temporary. Is she 100% confident that it is a temporary scheme, and that the Government will not release more prisoners over the next few years?
Linsey Farnsworth
We inherited a particularly drastic situation, which will not be turned around overnight. The Minister will speak on behalf of the Government, but I expect the Government to make these difficult decisions until we are in a better position. That may have to be reviewed in due course. I do not speak for the Government, but I trust them to ensure that the public are safe and that there are places available, by whatever means, so that dangerous criminals can be put in jail.
We must move beyond crisis management. This mission-driven Labour Government are investing to deliver 14,000 new prison places by 2031. My hon. Friend the Member for Colchester (Pam Cox) was right to point out that that contrasts starkly with the 500 prison places that the previous Government created in 14 years. However, it is clear that the solution to overcrowding cannot simply be to build more prisons, but instead lies in breaking the cycle of reoffending.
(9 months, 1 week ago)
Commons ChamberI rise to speak in support of the Bill on Third Reading, because at its very heart are terminally ill adults: people who are dying; people who have less than six months to live; people who have tried to stay alive, to beat a terrible disease with expert medical treatment, but to no avail. Now they face the inevitable: that they will die. In fact, that is the only thing any of us know we will ever do, really.
I am sure that most of us think about and desire a peaceful, pain-free death where we slip off in our sleep at a ripe old age, having lived a good life, but the reality is that all of us and all our citizens—those for whom we legislate in this place—could face a painful and undignified death. That is why I believe that in the 21st century, like a growing number of other countries, we should change the law to permit choice at the end of life—or rather, choice towards the end of death—so that dying people can opt to have a death in the manner of their choosing and have an element of control over those last days.
YouGov polling published yesterday again showed that the public—the citizens we serve—back it too, with 75% supporting assisted dying in principle and 73% supporting the Bill as it stands. As a co-sponsor of the Bill, and having served on the Bill Committee, I am pleased that it is had more scrutiny, challenge and debate than almost any other piece of legislation—over 100 hours, in fact.
I am sorry, but we are short of time.
The changes that have been made, including many proposed by Members who do not support a change in the law but which have been adopted by the promoter of the Bill, my hon. Friend the Member for Spen Valley (Kim Leadbeater), as well as those proposed during the process she has led in response to evidence submitted during the scrutiny process have led to a better Bill. The Bill has greater safeguards for more vulnerable people, with mandatory training requirements, including in relation to coercion and capacity. The Bill ensures judicial oversight of decision making by a range of experts, including psychiatrists, social workers and senior legal professionals. The Bill will set out statutory protections for those workers who do not wish to take part in the assisted dying process on the basis of conscience, and quite right too.
The Bill will provide for one of the tightest, safest assisted dying laws in the world. Importantly, the Bill has compassion at its core by affording dying people choice at the end of life. I thank every one of my constituents who shared their views with me, whether for or against a change in the law. I particularly thank all those who have disagreed with me, because good democracy and the right to disagree respectfully is hugely important; perhaps it is a debate for another time.
I also thank all those who have shared their personal stories of loved ones’ deaths, some brutal, painful and traumatic—a stark reminder that the status quo is simply unacceptable. Others have shared experiences with loved ones who, in other jurisdictions, such as Australia, were able to have a peaceful death, surrounded by loved ones and at a time of their choosing.
As I come to a close, although not everyone would want to choose an assisted death, I believe that everyone should have the opportunity to choose one if they so wish. It really is time that this House takes the important, compassionate and humane step towards making that a reality by voting for the Terminally Ill Adults (End of Life) Bill.
(1 year ago)
Commons ChamberI certainly share my hon. Friend’s deep concern about that issue, which she is right to raise. Good relationships between staff and prisoners are essential in our efforts to identify and manage the risks of suicide and self-harm. We are providing specialist support to establishments rolling out tailored investments, including specialised training for new officers, recruiting psychologists to support women, and piloting a compassion-focused therapy group designed for women.
Joe Robertson (Isle of Wight East) (Con)
I will not pre-empt the final report of the sentencing review, but let us remember the crisis that we are dealing with. The previous Government ramped up sentences but added just 500 cells throughout the entire time they were in office. Just today, we have heard examples of Members who do not want any prison building in their areas. This Government will build 14,000 new prison places, but even that will not be enough to get us out of the mess left by the previous Administration. That is why I have asked the independent sentencing review to recommend sentencing policies that will ensure that we never again run out of space.
Joe Robertson
The Government will consider alternatives to prison and early release, but how are the public to have any confidence whatsoever when the Government released prisoners early and left them to roam the streets for eight weeks before fixing tags?
As I said in answer to an earlier question, we are holding Serco to account, and we ensured that the tagging backlog from the changes to SDS40—standard determinate sentences—was cleared as quickly as possible. We have levied financial penalties against that company. We continue to monitor performance and will not hesitate to take further action if we need to. Conservative Members have to wake up to the reality of their own track record in government: they failed to build the prison places that we needed to keep up with the sentences that they kept imposing, which has left us with an almighty mess to clear up. We are getting on with the job.
(1 year, 3 months ago)
Commons Chamber
Sir Ashley Fox (Bridgwater) (Con)
Joe Robertson (Isle of Wight East) (Con)
We know that prolific offenders represent only 10% of offenders but account for nearly 50% of all sentences. That clearly cannot continue, which is why I have specifically asked David Gauke to look at this issue in the independent sentencing review, to ensure that we have fewer crimes committed by prolific criminals.
The hon. Member will know that we retain data on foreign national offenders, and this Government are on track to remove more foreign national offenders this year than in the previous year. I obviously want to make further progress on this issue, and I hope that there will be consensus across the House so that we remove those who commit crimes in this country and who have no right to be here.
Joe Robertson
The Government’s early release scheme has an impact assessment for it to run for 10 years. For however long it does run, will the Government confirm that no prolific offenders will be released early?
The impact assessment is done over the usual period of time, but I have committed to review the policy 18 months from the moment it was brought in, which is a commitment that we will keep. I recognise that we have a problem with prolific offending. It has gone up over the last decade or so, which is why I have specifically asked the sentencing review panel to consider the interventions that we should make to cut the cycle of prolific offending.
(1 year, 3 months ago)
Commons Chamber
Dr Simon Opher (Stroud) (Lab)
I am one of those medical practitioners, sometimes known as a doctor. I have been a GP for 30 years, and every year I look after four or five cases related to palliative and terminal care, so I have a lot of experience in this area.
I would like to make some quick observations. First, a lot of patients who are dying of cancer ask whether we can curtail their life and finish it a bit early. That is a very common thing that they ask. I have had two patients go to Dignitas on their own, without family members, because the family members were fearful that they would be arrested on their return. We have been discussing giving a double dose of morphine. I think that almost all doctors in terminal care have probably done this—doubled the dose of morphine knowing that it might curtail the patient’s life. That is a big fudge. It puts me in a very vulnerable position. We need to resolve that.
I think we are getting a bit confused between palliative care and assisted dying. A lot of people who receive excellent palliative care still request assisted dying. They are not mutually exclusive. I totally support what everyone is saying about developing palliative care, because that is really important, but that should not go instead of assisted dying. The things go together. Assisted dying is one of our tools in palliative care, as I see it going into the future.
I have a couple of points about coercion, which people like me need to assess. If someone says that they feel like a burden, that is immediately not a good reason to approve assisted dying. Doctors are trained in assessing capacity, as has been said, but we are also trained in trying to find out the reasons someone wants to end their life. I think it is judging doctors harshly to say that they will not spot coercion. Interestingly, the only change in Australia was that they found that the judiciary review did not add much to the process. Otherwise, there does not seem to be a slippery slope, as long as the legislation is carefully done.
Joe Robertson (Isle of Wight East) (Con)
The hon. Member opened by referring to himself as a doctor and medical practitioner. Perhaps he could help with the difficulty I have with the Bill, which I would dearly like to support. There are provisions in it that allow the Secretary of State to bring forward regulations so that the independent doctor can be an alternative medical practitioner. There is also a section that makes the court look like an optional process, so I do worry that there are not protections in the Bill for two doctors. Perhaps he could help with that.
Dr Opher
I do think it is right for this Bill to require two doctors and a judiciary review, because this is new legislation and we must be sure that it is safe. These safeguards are incredibly important.
I will finish simply by saying that having been a doctor all my life, I have tried to empower patients to make their own decisions over their healthcare, and this is a great opportunity to do that. I had one patient who had a terminal diagnosis and hanged himself. The family were devastated. It was a horrible way to die. I felt that we had failed as a medical profession. Let us not fail as a Government, a judiciary and the Houses of Parliament. Please support the Bill.