Missing Persons Guardianship

Julian Sturdy Excerpts

Tuesday 12th February 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank and congratulate the hon. Member for Enfield, Southgate (Bambos Charalambous), who brought the matter forward, as well as the hon. Member for Thirsk and Malton (Kevin Hollinrake) and other Members who have attended to speak. I look forward to hearing the speeches of the shadow Minister, the hon. Member for Ashfield (Gloria De Piero), and the Minister. He is of course ably supported by his Parliamentary Private Secretary, the hon. Member for Angus (Kirstene Hair), who will keep him right—although that will not be hard to do.

The issue is important, and that is why I am here to give support. It is always good to speak on issues that affect our constituents. I am sure that I am not the only person who was touched by the Missing People choir in “Britain’s Got Talent”, when TV gave an insight into the issue. That was in 2017, which is not that long ago. As we get older, the years go by more quickly than we would ever have imagined. I admit that, like others, I shed a tear as the photos flashed up showing clearly how many people there are in this country every minute of whose days is affected by a missing person. That made it clear that there is a real issue. The pain of not knowing—rooms that remain untouched and lives that are unled—lost in the realm of waiting, is nothing short of heartbreaking. I rejoiced when I learned that one of the missing persons linked to the choir had been found. Yet that happy ending is not a normal ending in such cases; that is a fact. The 2017 Act was passed to help families and enable them to deal with financial and other issues that arise when someone has gone missing, although it will never help to ease the pain and suffering.

The Police Service of Northern Ireland has a website that displays photos of those who are missing, in an attempt to enable people to give others peace of mind. However, I believe that we must have a UK-wide national register of missing persons to provide a snapshot of live missing persons incidents across police forces throughout the UK, as a way of finding missing people if possible.

In the provincial papers back home, such as Sunday Life, there are unfortunately regular stories about people who have been missing over the years, with a renewed plea for people with evidence to come forward. It is always good to publish such information. I do not go to America every year, but I recall seeing, when I was there on holiday, that Walmart stores had pictures up of children who had gone missing. There were pictures galore on the wall—a wee timely reminder of the losses that happen. The children in those pictures are always smiling. Each missing person case is a story of loss and heartache, and the pictures resonate with everyone who looks at them.

I support legislation to make life easier for the families of missing people. I should make it clear that it is not an issue that affects only a small number of people. In the United Kingdom there is a report of someone going missing every 90 seconds, and 180,000 people are reported missing every year. There are 340,000 missing person incidents every year. Children are more likely to go missing than adults—that really creates grief and strain. One in 200 children and one in 500 adults go missing each year. Research has shown that stress is one of the most common reasons for adults to go missing. In up to eight out of 10 cases of missing adults, diagnosed or undiagnosed mental health issues are the reason. Relationship breakdown is responsible in three out of 10 cases. Dementia is another cause, in one in 10 cases. Four in every 10 people with dementia will go missing at some point. Those people do not intend to go missing, but they do. That has happened in my constituency in the past couple of years. Both people were found in time, thank goodness, and had no knowledge of where they were or recollection of how they got there.

Whatever the reason for someone going missing, the pain is the same. The Government were right to pass the legislation and now, at the close of the consultation period, it is time to implement the measure that will make so many things easier for waiting families to deal with.

[Julian Sturdy (York Outer) (Con)]

The hon. Gentleman is making a powerful argument about the ways that people go missing. Does he agree that it is positive that we are moving towards the endgame, in July, for this important Act? However, as my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) mentioned, 2,500 people are still waiting for the measure to be implemented. A thousand people go missing every year and, as has been said, they all have families. Must we not use the debate to make sure that the timescales for implementing the Act do not slip further?

[Jim Shannon]

I agree wholeheartedly. We look to the Minister now to encapsulate our thoughts and give us reasons why we are having this debate. Now is the time. We cannot wait longer. The hon. Member for Enfield, Southgate mentioned that it is the last day of the consultation, and we look to the Minister for reassurance.

Every one of us can understand the families’ uncertainty. I agree that there must be a long waiting period before a declaration of presumed death can be made; yet there are issues that should not have to wait that long to be discharged. That is what this legislation is about, and it is on that matter that we want the Minister’s reassurance. It will be helpful if a path can be set out for family members left without the financial support they need and expected, or unpaid creditors who must turn to insolvency procedures. It will be helpful also in the case of mortgages and repossession procedures. It is relevant to problems that arise when banks and other financial institutions are unable to release the missing person’s assets, or even information about them, to those left behind. In such cases the missing person’s money can be wasted by automated payments. Direct debits go out every month with no control and cannot be stopped. The person’s assets decay for want of repair. Those things happen at the moment, and that is why the urgency of the matter cannot be emphasised enough.

There has been much consideration and the time has come to implement the law right away. Many hon. Members realise that there is a need to fill a void, and to look after those who have lost loved ones, so that they can continue their lives in a way that enables them to remember. The pain of families left behind will of course never go away, but the Act will enable us to look after them.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Enfield, Southgate (Bambos Charalambous) on securing a debate on this important subject. He and many other Members of both Houses, some of whom are here today, have campaigned long and hard for the implementation of the Guardianship (Missing Persons) Act 2017. The hon. Gentleman spoke very movingly, with his customary decency and power, on behalf of his constituent, whose brother went missing in the Galapagos.

I also pay tribute to my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), who is my friend, for his work on and success with his private Member’s Bill. He mentioned that parliamentary time is hard to come by and that getting a private Member’s Bill through is harder still. I have to say that he has exceptional skill in doing so, having done it not once but twice. I commend any colleague wishing to succeed with a private Member’s Bill to seek his wise counsel and guidance, or indeed his golden touch, in this space.

My hon. Friend rightly highlighted not only the support for the 2017 Act across the House, but how he got it across the line just in time. I have to declare an interest: I was proud to be in the Chamber that day to hear his speech. On that occasion he highlighted the case of Claudia Lawrence, who has been missing since 2009. Her father, Peter, is here today. While tributes to colleagues are important, I must pay the greatest tribute to him for his bravery and dedication in securing action by Parliament on this important issue.

The shadow Minister, the hon. Member for Ashfield (Gloria De Piero), made a powerful speech, as ever. It is always a pleasure to work with her. As she knows, when I say that I will do something, I tend to stick to that, and I intend to do so today. I know that she, with her customary courtesy but firmness, will hold me to account on that—she has today administered polite but firm prods to Her Majesty’s Government along those lines.

I am conscious that Members are frustrated, as they have expressed courteously but clearly, that the Act has not yet come into effect. As a Member who was in the Chamber that day, I share that frustration. I am pleased to reaffirm on the record the commitment made by my ministerial colleague, Lord Keen, that the Government are determined to implement the Act in July this year. The hon. Member for Enfield, Southgate asked what will happen should there be any delays or problems. First, should there be any, I will ensure that Parliament is fully informed. However, it is my determination to make sure that there are none and that we bring the Act into operation in July.

[Julian Sturdy]

The Minister is making a genuine point, and I know from speaking to him and from asking questions of him in the House that he is determined to drive this forward. I am absolutely delighted about that, but will he give a commitment to all Members in the debate—looking around, they are the same ones who have been involved in these debates for years—that he will write to us to keep us updated and to make sure we deliver on that July timetable?

[Edward Argar]

I am very happy to give that assurance and to write to all Members who have participated in the debate, as well as to others who could not be here today but who have taken a close interest in this issue. My hon. Friend pre-empts my mentioning him, but I put on the record my appreciation and, I know, everyone else’s, for his work in furthering this important cause.

Today is a significant marker on the route to implementation, not only because of our debate, but because it is the end of the consultation period, which began on 19 December last year with the publication of our consultation paper on the implementation of the Act. While I hear the shadow Minister’s points on that, I think it was right that we consulted. We are taking a novel approach to a new area of law, and it is important that we get it right.

I emphasise that the Government recognise and fully support the need for this legislation. I think it was the hon. Member for Islwyn (Chris Evans) who put it very clearly, saying that, prior to the Act, the law and provisions in this area were essentially a bit like crazy paving. He is absolutely right. The need for the legislation was therefore clear.

We understood that several families each year had no legal process to turn to in order to resolve urgent property or financial affairs for a family member or friend who had gone missing with no evidence of what had happened to them. That was set out by the hon. Member for Enfield, Southgate and, indeed, by my friend, the hon. Member for Strangford (Jim Shannon), who set out with his customary passion, determination and detailed research the vital need for this legislation to come into force. As ever, his constituents and the House are lucky to have him.

We understand that the terrible emotional distress and anxiety that families are already going through is increased as they seek to deal with everyday financial issues regarding their missing loved one. They cannot access bank accounts, savings or property transactions to intervene as they see those financial affairs potentially spiralling out of control. The creation of the new legal status of guardian of the property and financial affairs of a missing person will provide a structured way of dealing with financial affairs and property in the missing person’s best interests, under a legal process that builds in safeguards for all involved.

The consultation paper, to which I referred, set out the Ministry of Justice’s proposals for implementation of the Act. The Government are grateful for the comments we have received—both formally, in writing, and in numerous meetings that officials have convened in the past few months with a wide range of interested parties, following the commitment in the consultation paper to engage fully with stakeholders. Of course, we must now consider the views expressed to us. We intend to do that quickly and to publish the Government’s response to the consultation in early April, setting out the detail of the proposals for implementation.

As the consultation paper set out, there are several aspects to implementation of the Act, and all of them need to be completed successfully for it to come into force and work as intended. As I have mentioned, guardianship in this context is fairly novel; indeed, it is a significant change, so it is important that we get it right, with safeguards, but also ensure that the raft of complex legal and regulatory changes work as intended.

The first aspect is developing the rules of court and related practice directions for guardianship proceedings. Guardians can be appointed only by the High Court. Their appointment will be by a court order setting out the scope of their authority in relation to the property and financial affairs of the missing person. As I have said, the court to be designated for the process is the High Court. The decision on the court was made by the Lord Chancellor, following the required statutory consultation with the Lord Chief Justice.

Our intention is that applications to the High Court for a guardianship order will be made to the chancery division or the family division. This arrangement is modelled on the Inheritance (Provision for Family and Dependants) Act 1975 and the Presumption of Death Act 2013. This approach enables many of the existing rules of court and practice directions to be followed, so guardianship proceedings can be commenced under existing part 8 of the civil procedure rules, and applications after a case has started can be made via part 23. We will decide where to draw the line between the different rules over the coming months in considering the response to the consultation. However, although we can follow precedent, we are not obliged to do so, and if there are good reasons to create a new provision to cater for a particular feature of guardianship—for example, its limited duration—we are willing to look at that.

I can give an update: the work on the draft rules of court and practice directions is progressing well and efficiently, particularly through consultation with members of the judiciary and court officials who will be handling cases. The draft rules and practice directions will of course have to be considered and approved by the Civil Procedure Rule Committee. We intend to submit the drafts to the meetings of the committee in April and May. Once the committee has signed off the rules, they will be made and laid before Parliament for approval under the negative resolution procedure. The rules will be given effect through administrative procedures that will have to be created by Her Majesty’s Courts and Tribunals Service. Work is already under way in preparation for that.

The second major aspect of implementation is the making of regulations to enable the Public Guardian to register and supervise guardians. These regulations will be made under section 58 of the Mental Capacity Act 2005. We expect that they will be similar to those applying to deputies who are appointed by the Court of Protection to manage the property and financial affairs of individuals who lack the mental capacity to do so themselves. These regulations will provide a legal framework, but the Public Guardian will also have to develop procedures to provide a supervisory and registration service. That work is also well under way, and good progress is being made.

This Act provides for the Public Guardian to establish and maintain a register of guardianship orders. The Public Guardian will also be responsible for supervision of guardians. We propose that a guardianship order will specify when the guardian is to report to the Public Guardian. The Public Guardian will deal with complaints about the conduct of guardians, including safeguarding concerns, but will also be able to offer advice and guidance, which we think will provide considerable assistance to guardians, as the equivalent advice and guidance does for deputies at the moment.

Deputies usually have to provide a security or surety bond or proof of adequate professional indemnity insurance to the Public Guardian. We anticipate that there will be similar arrangements for guardians under this Act. The Public Guardian will receive the bond and hold it against any risk of a missing person’s estate being misused and facing financial loss through the actions of the guardian.

I would like to take this opportunity to pay tribute to the Public Guardian and his office for their work to date in preparing for implementation of the Act. More broadly, ahead of his retirement later this year, I pay tribute to the Public Guardian, Alan Eccles, as an exemplary public servant who has done much to bring this issue to the fore and into greater public consciousness during his term of office.

The third aspect on which we have consulted is the fees for the new service. These are of two types. The first is court fees, and the proposal in the consultation is to adopt the existing fees in the High Court’s two divisions for the procedures concerned. This mirrors the approach taken for fees under the Presumption of Death Act 2013. The second type of fee is that levied by the Public Guardian for registration and supervision of guardians. These will be new fees, but the expectation in the consultation is that the approach will follow that taken by the Public Guardian in relation to existing fees for deputies. For both these types of fees, we expect that there will be the usual exemptions and remissions.

I have to say that this is not a simple process, because the fees are currently calculated to strike a balance between being affordable and covering the costs of operating the system. Obviously, for something new, it is difficult to estimate both what the costs will be and what the volume of cases will be, but it is important that we strike the right balance between ensuring that costs are covered and not allowing a situation whereby, in the initial months, when there may be only a few applications, people face a prohibitive fee. We need to strike an appropriate balance.

The fourth and final aspect on which we have consulted is the content of a draft code of practice offering guidance to guardians and those considering whether to make a guardianship application. The Act requires the Lord Chancellor to issue a code of practice, and we intend to do that when the Act comes into force. In drawing up the draft code, we have been at pains to make it as accessible as possible to the layperson, and it features a glossary of terms and a number of examples of scenarios that may be faced by the family and friends of missing people. However, we know from the comments that we have received that we can make further progress towards that objective.

The draft code explains key concepts underpinning the Act and goes into some detail on the broad range of duties that guardians will carry out. The aim is that it will assist guardians to understand their responsibilities and equip them to meet their duties. It also aims to explain their powers and the limitations of those powers, as well as where guardians can turn for help. Once the content of the rules and regulations has been settled in the light of the consultation responses, we will include them in the code of practice. The code will be an important resource for guardians and people dealing with them. We intend to lay a draft before Parliament at least 40 days before it is issued, but in the meantime we intend to publish a revised draft in response to the consultation.

I will now address one of the points made by the hon. Member for Islwyn—my pronunciation of the name of his constituency will get better one of these days—in respect of relationships with financial institutions, both in the lead-up to the Act and once the Act is fully in force. Financial institutions are already getting engaged with this process and getting on board with these changes. Officials are ensuring that there is strong engagement directly with financial institutions to discuss setting up new systems for the process in guardianship cases, to ensure that it is as simple and efficient as possible for those who have to go through the pain of this situation.

The designation of the High Court, which I mentioned, will require a statutory instrument.

Oral Answers to Questions

Julian Sturdy Excerpts

Tuesday 10th July 2018 Commons Chamber

[Mr Gauke]

There has been no reorganisation of responsibilities. There is no conflict of interest here at all. The suggestion that because somebody has worked in the private sector for such a company, there is a conflict of interest is not accurate. The hon. Gentleman’s hostility to the private sector, in this sector and across the piece, is symptomatic of why the Labour party should be kept as far away from the Government Benches as possible.

[Julian Sturdy (York Outer) (Con)]

T6. Although the Guardianship (Missing Persons) Act 2017 has received Royal Assent, families of missing people are still unable to make applications to become guardians of their loved ones’ affairs. Will they be able to do so before the end of this calendar year?

[Edward Argar]

My hon. Friend is right to highlight this important issue, and I pay tribute to my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for successfully piloting the 2017 Act on to the statute book. Department officials are currently drafting rules of court regulations and a code of practice, so that those drafts can be finalised and consulted on. I am keen that we make as rapid progress as possible.

Legal Guardianship and Missing People

Julian Sturdy Excerpts

Wednesday 23rd March 2016 Westminster Hall

[Julian Sturdy (York Outer) (Con)]

I beg to move,

That this House has considered legal guardianship and missing people.

It is a pleasure to serve under your chairmanship, Mr Owen. I want to put on the record that all our prayers and thoughts across the House are with those affected by the horrific events in Brussels yesterday morning.

It must be devastating when a loved one goes missing without any explanation or reason. We can only imagine the trauma and turmoil that brings to their families and friends. It is the sort of life-changing event that can be truly understood only by those unfortunate enough to experience it first hand, like my constituent, Peter Lawrence, whose daughter, Claudia, went missing on her way to work in York way back in 2009.

The uncertainty of a loved one going missing for weeks, months or even years on end is in itself devastating, but the practical implications cause unnecessary stress and challenges to their families. At present, when someone goes missing there is no legal authority in place to support families in dealing with their loved one’s affairs. Ownership and control of their property is effectively left in limbo until they are found or declared presumed dead, which happens only after seven long years.

In its current form, the law dictates that a person is presumed alive until proven otherwise and they retain direct accountability for all their property and affairs as if they were not missing. There is no assumption that they have lost capacity to manage their estate. Clearly and sadly, this is not the case in reality. As it stands, the law has some very serious consequences when it comes to managing a missing person’s financial affairs. For example, families are left unable to make mortgage payments, risking repossession, and cannot cancel direct debits or ensure that creditors are paid.

If the missing person has dependents, this further complicates the matter and, as I am sure you can appreciate, Mr Owen, it is incredibly distressing to watch helplessly as the financial affairs of a friend or family member are ruined. That happens at a time of complete turmoil for the family. Understandably, third parties such as banks and other financial institutions require direct consent from their customers before they will act on their behalf. The fact that someone is missing clearly makes this impossible. We need greater clarity for families and third parties in managing these issues. I am pleased that this view is widely accepted by all parties and the Government.

Many people will be aware that last week marked the seventh anniversary of Claudia Lawrence’s disappearance, making this debate timely and an occasion to remember her and the thousands of other missing people in the UK. Claudia’s father, Peter Lawrence, has campaigned tirelessly on behalf of all families who suffer from having a mother, father, daughter or son go missing, and I think his work should be commended.

We still do not know what happened to Claudia, but Peter’s campaign to change the law to help families who find themselves in such an incredibly difficult situation is inspirational. He is in London again today, campaigning for the change. With the assistance of the Missing People charity, Peter played a key role in pressing the Government to consult on creating a new legal status of guardian of the property and affairs of missing people back in August 2014. I, with other Members of Parliament, interested groups and members of the public, contributed to the consultation.

Exactly a year ago, in March 2015, the Government published their response to the consultation. They expressed their strong support for this new legal status and committed to introducing primary legislation as soon as possible. That was welcomed by all at the time and was seen as a huge step forward in the campaign. None of us thought in March 2015 that we would be at the same point a year on. It is deeply disappointing that no significant progress has been made.

In January, I received a letter from Lord Faulks informing me that

“work is progressing on developing the draft legislation”.

That is all we have been told and we are not seeing any action.

[Rachael Maskell (York Central) (Lab/Co-op)]

Claudia Lawrence lived in the hon. Gentleman’s constituency. As the Member for York Central, I am pleased to see her father in the Chamber today. He has been a real campaigner for missing people.

Would it not be expedient, as the forthcoming Queen’s Speech is so imminent, to bring in legislation on guardianship? We would love to see that in the Queen’s Speech to bring relief to families in sorting out the financial and property affairs of missing people.

[Julian Sturdy]

I agree entirely with my honourable neighbour, who is absolutely right. The debate is timely because we are six or eight weeks away from a Queen’s Speech, and that would be an ideal opportunity to see some progress on this important legislation.

[Mr James Gray in the Chair]

It is simply not good enough that, a year after promising action as soon as possible, we still have nothing to show the families who desperately need our help. Families continue to be unable to protect their missing loved one’s finances and property. It is unacceptable that no action is forthcoming and I call on the Minister today to commit to a clear parliamentary timetable for introducing this Bill.

When Claudia went missing in 2009, Peter soon discovered that he was powerless to act on behalf of his daughter. He was defeated by needless obstacles at every turn. The creation of a new legal guardianship status would allow families to act in the best interests of the missing person and give third parties the legal assurance that they need to help to resolve ongoing issues that are currently constrained by contract and data protection. The consultation paper proposed a system that is overseen by the Office of the Public Guardian and administered by the courts. Clearly, that will require detailed legislation that will need proper scrutiny before the House.

[Chris Evans (Islwyn) (Lab/Co-op)]

I thank the hon. Gentleman for raising this important issue, which is very close to my heart. Richey Edwards of Manic Street Preachers fame disappeared and his sister, Rachel Elias, campaigned extensively for the Presumption of Death Act 2013, which was passed by the coalition Government. I am delighted to see Peter Lawrence, Claudia’s father, sitting here today, and I pay tribute to him for all the work he has done.

Has the hon. Member for York Outer (Julian Sturdy) studied the Australian model of the Guardianship and Management of Property Act 1991? The legislation allows for an application to be lodged to the guardianship and management of property tribunal of the magistrates court to have someone appointed a manager to the property of a missing person. Has he thought about whether that type of legislation could be implemented here in the UK?

[Julian Sturdy]

The hon. Gentleman is absolutely right to raise the Australian model, and that should form part of the process that I hope the Minister will follow. For me, we must ensure that we see progress—and quick progress—on the measures now. We have had the consultation. We have cross-party support. We need action.

Families have been waiting for years for protection, and the unnecessary delay in implementing the legislation will only prevent yet more families from doing what is right for their loved ones’ estates. I accept that parliamentary time can be in short supply and that many important Bills are currently progressing through the House. However, the fact remains that the Government promised to act as soon as possible. A year on, they have failed to deliver on that promise.

I quote from the Government’s own response to the consultation last year, which stated,

“given the importance of this measure and the strong support from all sides, legislation will be brought forward as soon as possible in the new Parliament.”

The proposals also have the support of the Justice Committee and the all-party group on runaway and missing children and adults.

According to figures from Missing People, currently 2,215 adults across the country have been missing for more than three months. It is expected that between 50 and 300 applications for guardianship for missing people would be made each year under the new legislation. However, discussing the crisis in numbers overlooks the important impact—that behind each and every person are families and friendship groups suffering from uncertainty and the sad realisation that they are powerless to act.

It is next to impossible for me to comprehend what Peter has been through for the past seven years, as well as other families right across the country, as has been highlighted in the debate. I hope that we can all agree that it is essential that we offer every assistance we can. Disappearance can affect any family at any time across the country. It could be my family. It could be the Minister’s family. Any family in this room could go through this at some point in their lives. We all have a duty to ensure that the families of missing people do not have to deal with the additional stress and worry of not being able to protect their loved one’s property.

A year has now passed since the Government committed to creating a new legal status of guardian of the property and affairs of missing persons, yet we are no further forward in the process. The Government must now commit to a clear parliamentary timetable for delivering the changes, to help those families at a time when their world has simply been turned upside down. There is, as has been expressed, strong cross-party support for the measures, so there are no excuses. I am resolute in my view and will continue to lobby the Minister and the Government until families such as Peter’s get the change that is so desperately needed.

Psychoactive Substances Bill [Lords]

Julian Sturdy Excerpts

Monday 19th October 2015 Commons Chamber

[Julian Sturdy (York Outer) (Con)]

It is a privilege to be called to speak in this important debate. I join many right hon. and hon. Members from across the House in congratulating the Government on introducing this long-awaited Bill.

We have already heard some powerful speeches on why the Bill is so important, none more so than that from my hon. Friend the Member for Winchester (Steve Brine). I agree entirely with the Minister, who began by saying that we have been chasing the chemist for far too long. For far too long, York, along with other cities and towns across the country, has been on the front line in the fight against legal highs. Only by making it an offence to produce or supply these drugs, and by imposing a blanket ban on psychoactive substances, can we be sure to clamp down on this dangerous trade once and for all.

It has been well publicised in both local and national media that NPSs can be purchased on York’s bustling high street. The fact that such dangerous substances can be purchased in the centre of an historic city that welcomes thousands of tourists every year demonstrates the scale of the problem. Furthermore, the ease with which these drugs can be bought for as little as £7 should be at the centre of the debate. It is for those reasons that many impressionable young people have failed to appreciate the dangers of such substances. Even the name, legal highs, gives a misleading impression of safety. Sadly, too many families up and down the country have first-hand experience of the problem, and know that that is not the case, having seen their loved ones suffer the devastating consequences of taking such drugs.

Simply stamping “not fit for human consumption” on a brightly coloured packet that claims that its contents mimic the effects of illegal drugs is not enough to keep people safe. Those who sell such substances know that, yet they are happy to let their customers play a highly dangerous game of Russian roulette in exchange for a quick profit. More needs to be done to establish the impact of NPSs on crime rates. This summer, the shop in York to which I referred was broken into late at night as a result of one man’s unquenchable addiction to legal highs. On his arrest, he told police officers that when he took the substances something changed in his mind. It emerged that because of NPSs he had tried to commit suicide and had spent time as an in-patient in a psychiatric hospital. That frightened him so much that, thankfully, he no longer takes those substances, but he is one of the lucky ones.

North Yorkshire police are not alone in experiencing a growing problem with NPSs and the practice of double dosing. People, often recovering drug addicts, use legal highs alongside prescription drugs. They mistakenly believe that legal highs are less harmful because they are sold on the high street. That is the essence of today’s debate. Selling such dangerous substances in a highly appealing way in shops gives the illusion that this trade is in some way acceptable. It is simply not. The sale of legal highs is a trade in human misery. While legal highs have brought out the worst in some, the issue has thankfully brought out the best in others. Voluntary groups such as York against Legal Highs have sprung up across the city, providing valuable information on social media to those who need it. Furthermore, York’s premier newspaper, The Press, has consistently reported on the problem in a responsible and commendable manner. The daily publication deliberately decided against revealing the name of the shop that sold NPSs so as not to provide it with additional publicity. It has also printed many articles highlighting the dangers of consuming legal highs.

That may have saved lives, and it is my sincere hope that the Bill will do the same by clamping down on the trade in these drugs once and for all. However, successful prosecution is vital under the legislation, which means closing all the loopholes. I look forward to seeing further details as the Bill proceeds through Parliament.

Oral Answers to Questions

Julian Sturdy Excerpts

Tuesday 4th February 2014 Commons Chamber

[Simon Hughes]

It is certainly not all in the press, and the Bill might be much more encouraging to people than the hon. Member for Hammersmith (Mr Slaughter) might wish it to be. On the take-up of mediation, we do not have the figure for a full year but it is unarguable that figures have gone down. We are making sure, and we are hoping, that when we have the full-year figures, we will see that we have reversed that. I will keep the House and the hon. Gentleman updated about those figures over the year ahead.

[Julian Sturdy (York Outer) (Con)]

3. What plans he has to ensure that young offenders leave custody better equipped to avoid a life of crime.

[Karl MᶜCartney (Lincoln) (Con)]

5. What plans he has to ensure that young offenders leave custody better equipped to avoid a life of crime.

--- Later in debate ---

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

The Government will introduce a new pathfinder secure college in 2017, which will equip young offenders with the skills and qualifications they need to pursue a life free from crime. We are also enhancing education provision in young offenders institutions, and taking steps to improve the resettlement of young people leaving custody.

[Julian Sturdy]

Last year the York and North Yorkshire Probation Trust community payback team joined forces with local residents to carry out a spring-clean in York. Graffiti was painted over, broken fences fixed, and public spaces brought back to life. Will the Minister join me in encouraging more initiatives of that kind, which provide young offenders not only with valuable skills, but also a sense of community responsibility?

Offender Rehabilitation Bill [Lords]

Julian Sturdy Excerpts

Monday 11th November 2013 Commons Chamber

[Gareth Johnson]

It is a pleasure to follow the right hon. Member for Wentworth and Dearne (John Healey).

As a practising solicitor, I accept that a very good relationship exists between the probation service and defence solicitors, for example—I have been privy to that on many occasions—but it would be wrong to suggest that a very good relationship does not also exist between defence solicitors and private companies, such as Serco, which often run the jailing operations within our magistrates courts. I submit that, yes, there is a very good relationship between the probation service and other organisations, but there is no reason on God’s earth why there cannot also be a very good relationship between private companies and other organisations.

I want to move on to the meat of the debate. The current system of tackling reoffending is not working, and we all need to accept that it requires fundamental change. The reforms represent one of the most important and effective developments in the drive to reduce reoffending that we have seen in this country. It has been fundamentally wrong to leave those on short-term sentences without support for so long, and I am delighted that we will see changes in that area. For years, people have claimed that short terms of imprisonment do not work, and they have held up reoffending rates as proof of that assertion. The reality, however, is that short terms of imprisonment can work, but they are less effective if there is no support for the prisoner on release.

The probation service does some fantastic work. I have worked with it on many occasions and observed at first hand its dedication to the job. Its members work particularly hard to try to rehabilitate offenders, whom they refer to as clients. They do all that they can to ensure that those individuals are rehabilitated back into society. That does not mean, however, that they are the only people who can help to reduce offending, and it is right that we are going to open up this work to others, bring in other expertise and allow other people to assist in the battle against reoffending.

[Julian Sturdy (York Outer) (Con)]

I pay tribute to the probation service in my patch, in York and North Yorkshire. Is it not right to ensure that the expertise and skills in the existing probation service are fed into and used in any new system that we put in place?

[Gareth Johnson]

My hon. Friend makes an important point.

The right hon. Member for Tooting (Sadiq Khan) mentioned the fact that charities were already working hard to help to reduce reoffending. That illustrates the kind of excellent work that is being done by others working with probation officers. No one is trying to remove probation officers from the job of helping offenders. We are trying to enhance the present system to ensure that more people benefit and get the support that they need.

Reburial of King Richard III

Julian Sturdy Excerpts

Tuesday 12th March 2013 Westminster Hall

[Julian Sturdy (York Outer) (Con)]

I will certainly try to keep my remarks brief. It is a pleasure to serve under your chairmanship, Mr Leigh. I congratulate the hon. Member for York Central (Hugh Bayley) on securing an undoubtedly important debate, not only for hon. Members here from the great county of Yorkshire, but for those from across the country as well.

The controversy surrounding the decision to bury Richard III at Leicester cathedral, as the hon. Member for York Central said, stems from the fact that there has been little public consultation on the issue. The people of York are profoundly grateful to the university of Leicester and its archaeologists for their efforts in recovering and identifying the body of Richard III, but they remain frustrated that they were not able to put forward their views on where he should be interred.

What is even more frustrating for them is that Richard III’s own views have not been consulted either. Historians widely believe that while he was alive he expressed a desire to be buried in York. Indeed, he spent the best part of his childhood at Middleham castle in the Yorkshire dales. Richard also spent some of the best years of his life as his elder brother’s lieutenant in Yorkshire, and he clearly identified himself with the city of York and its minster. He drew much of his support and power base from York and Yorkshire. In return, York clearly held a very special position in his heart, and that was reflected in his plans for a chantry of 100 priests in York minster, where he wished to be buried.

[Jonathan Ashworth]

I will be brief, Mr Leigh. It is certainly true that Richard planned the extension to York minster that the hon. Gentleman referred to, but there is no evidence that he said he wanted to be buried there, is there?

[Julian Sturdy]

The evidence comes from the city of York and Richard’s living descendants, who were mentioned by the hon. Member for Selby and Ainsty (Nigel Adams). The call is strong from the great county of Yorkshire that Richard III wanted to be buried where he was loved and supported.

The decision to allow the university of Leicester to have a free rein over King Richard’s final resting place flies in the face of the wishes of tens of thousands of people who have added their support to the campaign for him to be buried in York, as well as those of his remaining descendants, as I have said. It is true that Westminster abbey, Leicester cathedral and York minster all have claims as suitable locations to bury Richard III—I do not doubt that at all—but instead of allowing campaigners on all three sides to debate this issue in a democratic fashion, the Government and the university of Leicester have hashed out an important decision behind closed doors and concluded a finders and keepers agreement. I will finish on this point: I entirely back the call from the hon. Member for York Central for an independent body to make the final decision over the resting place of Richard III.

Oral Answers to Questions

Julian Sturdy Excerpts

Thursday 10th January 2013 Commons Chamber

[Hugh Robertson]

As I have said on a number of occasions today, I recognise the issue that the hon. Lady raises. I assure her that once we have sufficient evidence, if action needs to be taken, it will be, but it has to be taken on the basis of national evidence, not just evidence from individual constituencies.

[Julian Sturdy (York Outer) (Con)]

T8. Given that the grand départ of the Tour de France is coming to God’s own county—namely Yorkshire—in 2014, may I ask the Minister to say what pressure the Government are bringing to bear on UK Sport to support fully Yorkshire’s successful bid to host the start of the world’s biggest annual sporting event?

[Hugh Robertson]

The Government have to be careful about this, because the money used to support such bids is national lottery funding and so is not open to the Government to direct. My hon. Friend will also be aware that despite the excellence of Yorkshire’s bid, it chose not to be in a position to share the commercial details of the bid with UK Sport before it made it. Now that Yorkshire has won, it is meeting UK Sport. I very much hope that a way will be found to achieve precisely the end that he is advocating.