(1 year, 2 months ago)
Commons ChamberOn that last point, we have put a great deal of funding into the maintenance of Chelmsford prison, but also HMP Liverpool and Birmingham in particular. On the first point my right hon. Friend raises, about recidivist offenders, it is precisely because we are concerned about people committing so-called low-level offending that we want to ensure that magistrates retain the power to send people to prison. If people show defiance and that they are incapable or unwilling to abide by the terms of the order of the court, there is a simple answer: they will go to prison and they will learn to reflect on their actions in custody.
I welcome some of what the Justice Secretary said in his statement, especially on the implementation of the recommendations of the Justice Committee on IPP sentences. They were always a terrible idea, in my view, and they have been used badly. However, it should not be a surprise to anybody that, after 13 years of deliberate and savage underfunding, the criminal justice system is on its knees and our prisons are full to bursting. If it is right that the senior presiding judge, Lord Justice Edis, is saying to sentencing judges, “Adjourn sentence,” is that his fault, or is it the Justice Secretary’s fault?
(2 years ago)
Commons ChamberI am grateful to the right hon. Lady, and she tempts me a little. I appreciate the point she makes but, as she will appreciate, the English and Welsh justice systems are one justice system, and it is not a simple task to disaggregate the data depending on whether someone is sentenced to imprisonment and serves in England or in Wales. I am happy to meet her to discuss the issue, but I would not underestimate the complexity of what she asks.
In March we consulted on our approach to recommendations made by the independent review of criminal legal aid, and we published our interim response in July. We have introduced a 15% uplift across most free schemes, in line with the recommendations. That means an additional annual benefit of up to £63 million for solicitor firms, and up to £39 million for criminal barristers in a steady state situation. Uplifts for solicitors and barristers have already started being paid, and we have also applied fee uplifts to the vast majority of existing Crown court cases, to address concerns that the uplifted fees did not apply to ongoing work.
Well before the Criminal Bar Association took action to strike, I warned the Lord Chancellor that that was inevitable unless he sat down with the association and worked constructively. He accused me of being its shop steward. Now, criminal defence solicitors’ firms are on their knees. The Justice Secretary is not known for working constructively, but will he sit down with the Law Society and representative groups of criminal solicitors to come to an agreement on parity of funding between the criminal Bar and criminal defence solicitors?
My right hon. Friend the Lord Chancellor meets all stakeholders on a regular basis, and I think he has a meeting coming up to address those very concerns. I am sure that he will sit down and discuss those concerns in the next few weeks.
First, I pay tribute to my hon. Friend’s work on pursuing this important issue. As she said, the law will come into effect in February 2023. I can confirm that cross-departmental work has been taking place to ensure that officials across Government, the College of Policing and the National Police Chiefs’ Council are as up to date as possible. The Home Office has been updating its forced marriage guidance, which provides detailed advice to groups such as Border Force officers, social workers, police and teachers on what to do when faced with a case of forced child marriage. I hope that in swift order the work she has been so passionate about is enforced.
I do not accept the hon. Member’s characterisation. The Government have invested—
The Government have invested significantly in the criminal justice system, not just through the recent settlement with the Criminal Bar Association, but in the run-up to the settlement. There is continued investment in the criminal justice system. He may disagree, but those are other facts.
(2 years, 5 months ago)
Commons ChamberI am very sorry to hear about this particular incident, and I commend, as my hon. Friend did so brilliantly, Sheila’s bravery in stepping in to help the individual affected. The criminal injuries compensation scheme exists to compensate for serious physical or mental injury attributable to being a direct victim of a crime of violence. The scheme is publicly funded, which means that there are strict eligibility criteria. An animal attack will amount to a crime of violence only where the animal was used deliberately to inflict injury. In 2020, we had a consultation on proposals to make claiming compensation simpler for victims of violent crime. We set out that expanding the definition of a crime of violence would go far beyond the original intention of the scheme, but we will be publishing a response in due course.
I am afraid to tell the Minister that victims of crime are being further let down by the Government’s terrible handling of the Criminal Bar Association dispute. I know that a Minister has now finally agreed to meet the Bar Council and the Criminal Bar Association, and I think that meeting is tabled for next week, but what they need to know at that meeting is when the Department will set a timetable for implementing the money that Sir Christopher Bellamy said was needed urgently. Incidentally, Sir Christopher Bellamy, who I have a great deal of respect for, is now a member of the House of Lords. When is that money coming?
(3 years ago)
Commons ChamberI certainly can give that reassurance, and we will stand four-square with the commissioner herself as she seeks to do exactly that. The Met have not stood still in seeking to address this issue. I understand that they have a new LGBTQ organisational improvement group, and that there is a network of 125 volunteer advisers across the whole of the Met. Officers who are posted to particular boroughs or areas are now being trained and briefed much more coherently about the nature of the community with whom they are dealing, including LGBTQ members of that community. They are making big strides. Nevertheless, there will be lessons to be learned, particularly from Louise Casey’s review, and we look forward to seeing its conclusions.
My constituent Sarah Sak, Anthony’s mother, was on holiday in Turkey when the Metropolitan police contacted her to say that her son had been found dead. From that very second, when speaking to me, Sarah has accused the Met of prejudice and throughout all these proceedings she has constantly made the point that there was discrimination. Sadly, the coroner chose not to look at that. I make no criticism of the coroner, but when I spoke to Sarah last night, she asked me, “What can the Home Secretary do to persuade me that this can never, ever happen again?”
Of course I offer my profound condolences to Sarah. As a father myself, I cannot imagine ever having to go through that kind of experience: it must have been terrible. I am aware, in particular, that there were failings in the posture of the family liaison officers who dealt with some of the bereaved, and that is also being addressed by the Metropolitan police.
Those who know Baroness Casey will know that she will be unrelenting and forensic in her examination of the culture of the Metropolitan police. I have confidence in her to do a good job in examining the overall culture in the Met, and an examination of this issue will be part of that. Once she has concluded her examination, we shall be able to draw some lessons about the future.
(3 years, 1 month ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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It is always a pleasure to serve under your chairship, Sir Charles. I congratulate the hon. Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this incredibly important debate. Hull Prison is in my constituency, and I want to thank the prison officers and other staff who serve our community there, as well as the prison governor, Shaun Mycroft.
This issue is a major concern. In my previous job as a criminal lawyer, I was instructed on numerous occasions to represent prisoners for adjudications, and I was always struck by the serious nature of the allegations against prisoners and the degree of serious harm caused to prison officers. To me, the idea of a 68-year-old man or woman wrestling with a prisoner in order to contain a situation is utterly ridiculous.
I will not speak for much longer, but I want to say two things. The Government need to get back to the table and negotiate constructively, with a view to dealing with this incredibly dangerous issue. Having served in the shadow Justice team with the shadow Minister, my hon. Friend the Member for West Ham (Ms Brown), I know how seriously she takes the issue. We regularly discussed the matter in shadow meetings while I was on the team, and I know full well that this party—the Opposition—will deal with it as soon as we get the opportunity, if the Government fail to do so.
(3 years, 3 months ago)
Commons ChamberMy hon. Friend hits the nail on the head. The idea that buying an animal by the side of the road or in a garage forecourt for cash is somehow legitimate trade is clearly wrong. I am grateful to colleagues at the Department for Environment, Food and Rural Affairs for doing important work on promoting safer purchasing through the “Petfished” campaign. We will build on that in the way in which we identify and track cases better, improve the recording of keepership data and deal with through-the-loophole breeders, who are frankly responsible for a lot of cruelty and suffering.
I rarely congratulate the Justice Secretary, but I do on this issue because he has eventually agreed with Her Majesty’s loyal Opposition about making pet theft a specific offence. On a serious note, I congratulate all the campaigners on the issue, particularly John Cooper, QC, who has done an awful lot of work on it.
The Justice Secretary knows that when the shadow Justice Secretary, my right hon. Friend the Member for Tottenham (Mr Lammy), tabled his amendment to the Police, Crime, Sentencing and Courts Bill, the Tories rejected the idea of a specific offence time and again; I think I am right in saying that the Justice Secretary’s argument was that the Theft Act 1968 was sufficient. The taskforce has now reported, but I am not clear on when we expect the legislation to take effect. When can we expect those who are alleged to have stolen pets to face the criminal courts?
I am always grateful for the hon. Gentleman’s words of wisdom, but I will just correct him in this respect: there was a general agreement that the use of theft legislation to deal with what were more than goods and chattels just was not an adequate way to reflect not just the taking of a pet, but the suffering of the pet and of the owner. That is why abduction is a much better read-across, as he knows from the matter of child abduction, for example.
I take issue with the hon. Gentleman on the point and I challenge him and the Opposition: if the matter is brought forward in the Police, Crime, Sentencing and Courts Bill, which they voted against again and again, will they now support it?
(3 years, 7 months ago)
Commons ChamberI am grateful to the hon. Gentleman for his question. Legal aid is essential, which is why I am delighted that when the law centres sought support from the Government, every penny piece requested was provided—including, by the way, to Greater Manchester Law Centre, which received £140,000. We are standing behind excellent legal aid providers, including those who provide it digitally and remotely, because when it comes to legal advice, what matters most is quality, not necessarily geography.
My hon. Friend the Member for Stockport (Navendu Mishra) is spot on, is he not? The Government must address the vast deserts where no legal aid providers exist. The disabled and vulnerable in most of England and Wales have been denied access to justice due to the Government’s inaction. How can the Minister possibly justify a situation where 37 million people in Stockport, Hull and across the rest of England and Wales do not have access to a community care legal aid provider? He talks tough, he promises all sorts; he does nothing. Get on with it!
It is always a pleasure to hear from the hon. Gentleman. What a shame that when there was a Labour Government, he did nothing to stand up to the Labour Prime Minister who decried “fat cat” legal aid lawyers and said that he was going to
“derail the gravy train of legal aid”.
Where was the hon. Gentleman then? Nowhere. This is the Government who are getting behind legal aid and getting behind the civil legal aid service, and who, by the way, funded the community justice fund, which provided support for the Disability Law Service that he wants to see, and so do I.
(3 years, 9 months ago)
Commons ChamberThe hon. Lady will be glad to know that, as I referred to in my initial reply, we have already relaxed the evidence requirements for hardship payments and, importantly, reduced the threshold for work done by criminal lawyers to £450 from the current £5,000. It is absolutely essential that we maintain throughput, and as we move on through this year with the road map out of lockdown, I am confident that the court system will be able to list even more proactively, making sure that there is plenty of work for dedicated criminal legal aid lawyers.
The independent criminal legal aid review is a once-in-a-decade opportunity to fix a vital element of our criminal justice system. There are more than 400 fewer criminal legal aid firms today than in 2015. That means that more than one in four has left the system. When these firms fold, legal aid family law departments often go with them, leaving domestic abuse victims without representation. Does the Secretary of State agree that the Government cannot simply wait for the recommendations of CLAR before taking action and that we must make sure that the number of unrepresented domestic abuse victims does not increase yet further.
The hon. Gentleman is right to talk about the need for representation for domestic abuse victims. He knows, of course, that in criminal scenarios the Crown Prosecution Service will act with regard to the prosecution of offences. He will also note that, in phase 1 of the CLAR process, up to £51 million a year has already been injected into criminal legal aid fees. That is the most significant increase in investment in legal aid for a quarter of a century. We are working on the existing body of evidence with the new chair of the criminal legal aid review, Sir Christopher Bellamy QC, who is already engaging with the professions. I am confident that his work will deal not only with the situation with regard to fees in court, but, as he says, the “sustainability” of those criminal legal aid firms that are the lifeblood of representation in that sector.
(3 years, 10 months ago)
Commons ChamberI thank the hon. Gentleman for his question. It is very important to distinguish between evictions and enforcement. In respect of evictions, the Government have been very clear: people cannot be evicted before 21 February unless arrears are of over six months. In normal circumstances, if someone simply had two months of arrears, they could then be subject to enforcement action. Now there needs to be six months’ notice before possession proceedings even start. This Government are clear that we want to ensure that enforcement agents do not contribute to the spread of this virus, and that is why we have strict regulations in place.
We have, on average, over 20,000 new covid infections each day and, tragically, more than 1,000 deaths, so how can the Minister possibly justify allowing bailiffs to crack on with business as usual in the midst of this deadly pandemic?
I thank the hon. Gentleman for his question, but he knows and I know that it is not business as usual. In making that remark, he has completely disregarded the guidance that is in place. Of course we want to make sure that these proceedings happen safely. That is why Public Health England has considered these matters, and it is satisfied with the situation as it exists. We have to make sure in this Government that we respect all rights, including convention rights—article 1 of protocol 1—and he should be in favour of that too.
(4 years, 1 month ago)
Commons ChamberI pay tribute to the staff of Her Majesty’s Courts and Tribunals Service whom I had the privilege of meeting when I went to Isleworth Crown court. It is the staff who are keeping courts running in extremely difficult circumstances: they are the ones who have ensured that the perspex is there, that the jury retirement rooms are properly socially distanced and that the jury assembly points are well administered. I pay tribute to them for what they are doing, and it is a testament to their achievements that the courts will continue to do what they do best: dispensing justice in our country.
Equality before the law is a fundamental right, but for the vast majority of people in the country who are not eligible for legal aid, that right does not actually exist. Facing a difficult winter, even greater numbers will find themselves trapped in the justice gap of being forced to choose between legal representation and the basic essentials, as 94% of working single parents—mainly women—already do. What is the Minister going to do to ensure that the rights that we hold dear actually exist in practice?
The hon. Gentleman is absolutely right that ensuring access to justice is of fundamental importance, which is why, when we saw that the law centres, for example, were going to have difficulties during this pandemic, we answered the call and provided them with the funding. I was also able to speak to a great number of them to reassure them about the work that they were able to continue doing. That was the right response to take, and we are proud of the actions that we took.