(9 years, 8 months ago)
Commons ChamberThe Justice Secretary has confirmed that he will plough on with his barmy idea for two-tier contracts for criminal solicitors, so it will fall to either the Court of Appeal or my right hon. Friend the Member for Tooting (Sadiq Khan) to kick this barmy idea into touch forever after we win the election. How does the Justice Secretary expect criminal firms and solicitors to give up 50% of their client work voluntarily? We have asked that lots of times, but we have never had an answer.
The important thing for any Lord Chancellor is to ensure that if somebody is arrested and taken to a police station, there will be a lawyer to represent them. These reforms will ensure that that happens, even in difficult times financially, when fee levels have to be cut. My disappointment is that although these reforms were agreed by the previous leadership of the Law Society, the current leadership has taken a rather different view.
(9 years, 10 months ago)
Commons ChamberThat is absolutely the case, but on more than one occasion in my ministerial time, and the same applies to Ministers in other Departments, I have faced cases that were brought on matters of public policy but were based on relatively minor procedural defects in a process of consultation, for example. Minor breaches should not automatically lead to a case being brought, with the taxpayer facing a bill of tens of thousands of pounds, when it was highly likely that the decision taken would have been completely unaffected by that procedural defect. That is what these proposals are all about.
Will the Lord Chancellor give us an example of one of those minor cases to which he refers?
I have experienced at least two examples of third-party groups seeking to argue that a form of consultation was not absolutely accurate and that it should have been done slightly differently, when it made no difference to the eventual decision. In one case, it was clearly a delaying tactic to avoid a necessary change. A judicial review should be brought when it is a matter of genuine material error or failure by the Department concerned, not a minor technicality. That is what this measure is all about. I believe that it is necessary. Ministers in the last Government regularly argued for change because judicial review was being used inappropriately. This reform will bring a degree of common sense to the system without undermining the core purpose of allowing people who are wronged by public bodies to challenge the decisions taken about them in the courts. That is why I commend our amendments to the House.
(9 years, 11 months ago)
Commons ChamberIn his drive to make savings in his Department, does the Secretary of State think it is time to start listening to legal advice that would save his Department an awful lot of money in lost cases in judicial review proceedings?
The hon. Gentleman talks about saving money, but I have waited in vain to hear how Labour would address the spending challenge. Last week, Labour Members said that they would deliver a spending reduction in this and other Departments year on year, but as of today we have no idea how they would do it.
(10 years ago)
Commons ChamberOn 19 September, Mr Justice Burnett ruled in the High Court that the consultation on criminal legal aid was so unfair as to amount to illegality. The entire criminal justice system is in chaos. What is the Lord Chancellor doing about it?
If the hon. Gentleman reads the details of that judgment carefully, he will see that it required us to carry out a short further consultation, which we have done. We will introduce our updated proposals very shortly.
(10 years, 9 months ago)
Commons ChamberThe cost will build up over the next five or 10 years because, as my hon. and learned Friend knows, one cannot apply sentencing rules retrospectively. The proposals on automatic release for the most serious offences are containable comfortably within the existing prison budget and within the expected resources of the Department. Only a relatively small number of people commit the most serious and brutal offences, and those are precisely the people whom we do not want to release automatically halfway through their sentences because of the risk that they pose to the public. I am therefore confident not only that this is containable comfortably within the departmental budget, but that it is the right thing to do.
On part 2, I believe that it is right that young people who commit crimes should face appropriate punishments. That is and always should be a matter for the courts. When young people commit serious or persistent offences and there is a need to protect the public, custody is a necessary option. However, we have taken positive steps over the past three years to ensure that we deal better with young offenders who do not pose an immediate risk to society.
On becoming Justice Secretary, I was appalled to discover that so many young offenders who are released from custody go on to reoffend within a year. Currently, the rate stands at 69%. That is an astounding percentage that far exceeds the reoffending rate for adults on leaving custody. It is simply too high. We spend as much as £200,000 a year per place in some institutions, but the reoffending rate is consistently around 70%. That cannot be right, it cannot be sensible and we have to do something about it.
We must do more to help young offenders back on to the straight and narrow and ready for adult life, and high-quality education is a key part of that. Most young people who end up in our youth offender institutions or secure training centres have dropped out of school, have few or no qualifications, and do not have the skill foundations they need to leave and get into work. We must address that and do more to help them back into having real prospects of an apprenticeship or work. Otherwise, the danger of reoffending will be ever great.
At present, young people in young offenders institutions spend on average just 12 hours a week in the classroom, and latest figures suggest that more than half of 15 to 17-year-olds in YOIs have literacy and numeracy levels expected of seven to 11-year-olds. The Bill contains provisions to create what we are dubbing “secure colleges” so that we can trial a new approach to youth custody, with a stronger focus on the education and rehabilitation of young offenders, equipping them with the skills they need to stop reoffending and become law-abiding members of our society.
I am grateful to the Lord Chancellor for giving way and I am interested in where the £85 million for his secure college is coming from, and from which year’s budget?
It comes from my Department’s capital budget and it will lead to a reduction in the annual running costs of institutions. We are creating an institution that provides both high-quality education and better value than we get from the current system, which underperforms and is excessively expensive because of the nature of the provision out there. I believe this institution will be a major step forward and deliver high-quality education in a modern environment and campus setting, with the focus on education rather than simply detention. That is a key difference.
(10 years, 9 months ago)
Commons ChamberWhy is the Legal Aid Agency expanding the public defender service and recruiting barristers when reports from as far back as 2007 have found that it is between 40% and 90% more expensive than the independent professions? Furthermore, it cannot act in cases of conflict.
The public defender service was, of course, set up by the previous Labour Government, and it is always important to ensure that it is staffed properly.
(11 years, 1 month ago)
Commons ChamberMy hon. Friend is absolutely right, and if particular issues emerge in Worcester, I shall ask the Minister for Policing and Criminal Justice to take a look at them with her. We obviously do not want inappropriate and unnecessary delays in bringing young people in particular to justice.
10. When he expects to put out to tender contracts for privatising probation.
(11 years, 2 months ago)
Commons ChamberI can give my right hon. Friend that assurance. I have listened to the representations made to me by members of the JCHR and privately by members of the judiciary about some of the more specialist situations—where people have been trafficked, where there is a child aged under 12 months, and other similar cases—and we have sought to identify cases where there are individual special needs that need to be met. That is reflected in the proposed changes—to the residence test, for example. When my right hon. Friend reads the detail of what we are proposing, I hope he will see that we have made modifications designed to reflect the concerns he and others have raised.
I cautiously welcome the Lord Chancellor’s U-turn on price competitive tendering, but the devil is in the detail and I still have some reservations that this might well be PCT through the back door. What will be the criteria for obtaining a duty contract? Will it be about price or quality of service?
As I said in my statement, it will be based on quality and capacity. What has always mattered to me is that we can guarantee coverage around the country, but without some form of contractual mechanism to ensure we secure the supply of duty legal aid services at the very least, we will always risk the availability of a law firm that does legal aid in a particular area being at the whim of the market. I think that this set of compromise proposals will deliver the certainty we need, and that it will do so in a way that is much more acceptable to the legal profession. I am delighted that we have worked together with the legal profession to reach a point on which I think we can all agree and that is good for the country.
(11 years, 4 months ago)
Commons ChamberMy right hon. Friend makes an important point. Over the past few weeks, I have had very constructive engagement with the Law Society and I welcome the counter-proposals it has put to us. We have recognised many shared objectives in that and it has behaved with professionalism over this matter. I was very disappointed that when the Bar Council submitted its report and recommendations to us in response to our consultation it did not contain the same degree of constructive engagement. I am due to meet the Bar Council later today and I hope we will see that change.
Now that the Lord Chancellor concedes that client choice is integral to the criminal justice system, when will he announce that price-competitive tendering has been dumped once and for all?
The hon. Gentleman needs to realise that the concept of competitive tendering in criminal legal aid was originated by his own party. Now we are hearing the Labour party oppose the things for which it argued for years, and it is typical of this Opposition that they will say one thing when in government, and when in opposition will say something completely different. I am proud to be part of a party that is defending health budgets and taking tough decisions in other areas; the hon. Gentleman is part of a party doing the opposite.
One of the comments from colleagues in the House and elsewhere, which we must clearly factor in when developing the next stage of the proposals, is what we will do in areas that are rural or have particular geographical issues. That is something I am very mindful of—
(11 years, 6 months ago)
Commons ChamberWe have taken care with these proposals to put together a package based on our statistical analysis which we think will protect incomes at the lower end of the Bar particularly. It is my intention that where we have to impose changes on the profession, they come through either the reorganisation of businesses or income changes at the top end of the income scale.
The Justice Secretary knows full well that his plans for price competitive tendering in criminal legal aid are completely opposed by the profession. They are unworkable. Will he now sit down with the chairman of the Criminal Bar Association and discuss a way forward out of this mess?
As the hon. Gentleman will know, the principle of price competitive tendering was first proposed in a report commissioned by the last Government eight years ago. We have looked carefully at the best way in which we can deliver better value in our legal aid system, which we have to do to meet financial targets. We will do so in a way that protects the interests of the justice system, but no change is simply not an option.
(11 years, 6 months ago)
Commons ChamberI can reassure my hon. Friend that the issue unites the coalition—there has been a lot of talk of the coalition parties having differences on policy, but let us champion a policy on which we are united on the need for change. As hon. Members will see when they read the document, one thing that is different in the package I have announced is that we are building rehabilitation support into community sentences. Clearly, the aim is to ensure that people do not get to prison in the first place. My goal is to see prison numbers fall steadily not because we want to close prisons for its own sake, but because fewer people reoffend, and we therefore do not need to put them in jail in future.
When probation officers dared to criticise the Secretary of State’s bonkers plans, he put a gagging order on them. When the chairman of the Criminal Bar Association criticised the Secretary of State’s bonkers ideas for criminal legal aid, he refused to meet him. Is it criticism he cannot stand, or engaging with the professions within the justice system?
The hon. Gentleman needs to stop believing everything he reads in the papers.
My ministerial and I colleagues have regular meetings with leading figures in the legal profession and with leading probation staff, and will continue to do so. I most recently had meetings with both the Bar Council and the Law Society within the past couple of weeks.
(11 years, 9 months ago)
Commons ChamberAs I indicated earlier, I intend to bring forward shortly a consultation paper on the youth estate. Our challenge at the moment is that across the youth estate we are detaining a small number of young people at a very high cost and with an unacceptably high reoffending rate—something like 70%. I want to see whether there is a better way of doing things to reduce that reoffending rate and help turn the lives of those children around.
T5. This morning I met Bill Waddington, chairman of the Criminal Law Solicitors Association. Despite what the Minister said in response to an earlier question, I was assured that there has been a sharp increase in cautions for serious offences, including sexual offences and violent assault. That is soft on criminals and harsh on victims. Will the Secretary of State meet me and Bill Waddington to discuss the issue?
I take seriously the issue of cautions being administered for serious offences. Indeed, one of the first things I did as Justice Secretary was commission work on the issue, and I am due to meet senior police officers to discuss it in the next few days. I do, however, caution the House to be careful. For example, we would all view a caution for rape as completely unacceptable, but in some cases where the victim is absolutely unwilling to give evidence it may be the only way to get something on the record about an offender. We must be careful about this issue and try to get it right.
(13 years ago)
Commons ChamberIn researching for this debate, I found an Office for National Statistics summary of labour market statistics. In one of the columns dealing with youth unemployment figures, under the heading “Last time higher”, I found, in bold writing, the word “Never”. That figure has never been higher.
When we exclude full-time students in colleges of higher and further education, the level of youth unemployment today is not the highest on record. I reiterate, however, that I regard any level of youth unemployment as unacceptable. It is a challenge and a priority for the Government. We have to remember that the problem goes back a decade. Youth unemployment started to rise in 2003-04, and it has been rising steadily since. Even in good years, the previous Government’s policies failed to deliver solutions. Eighteen months ago, we inherited a series of failed programmes that had failed to deliver real solutions for young people, and we are trying to turn that round.
(14 years, 1 month ago)
Commons ChamberI absolutely agree with my hon. Friend. That is why I have said to leading mental health charities that I actively seek their input on how we can improve, in particular, the wording of the different elements of the assessment. Equally, however, I stand by my view that, where we can, it is better to help people with mental health challenges into work than to leave them on benefits long term, doing nothing.
T1. If he will make a statement on his departmental responsibilities.