Oral Answers to Questions

Kate Hollern Excerpts

Tuesday 12th September 2023 Commons Chamber

[Mike Freer]

The time taken once all required documents are received is between six and nine weeks. We always advise that no one should take a decision on the sale of a property until probate is granted, but I can reassure my hon. Friend that despite a significant increase in applications, the service is recruiting and training up more than 100 new caseworkers to ensure that it delivers the service that my hon. Friend wants, as do I.

[Kate Hollern (Blackburn) (Lab)]

Last month the United Nations called for an urgent Government review of sentences of imprisonment for public protection. Will the Secretary of State listen to the UN? Can he explain why the number of people with an IPP sentence recalled to prison without committing any further offence has soared in recent years?

[Damian Hinds]

I can confirm that the Lord Chancellor and I—and us all—are very conscious of the difficulties around IPP sentences, which would not be introduced today. We abolished them, as the hon. Lady knows, but there are people in prison who have been recalled or not released by the parole board because they have not been considered safe for release. Our objective is to help to manage people towards safe release into the community. To that end, our recently announced action plan is central.

Oral Answers to Questions

Kate Hollern Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Mike Freer]

My hon. Friend is spot on: it is not acceptable that his area is going backwards. I have commissioned officials to report in detail on the exact problems affecting his area, and I will report to him in the next four to six weeks.

[Kate Hollern (Blackburn) (Lab)]

2. What assessment he has made of the potential impact of the Common Platform on the delivery of justice by HM Courts and Tribunals Service.

[Rachel Hopkins (Luton South) (Lab)]

13. What steps he is taking to improve the performance of the Common Platform.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

We have rolled out the Common Platform at 173 criminal courts in England and Wales and 76% of courts are now live. It has improved the format and timeliness of outcomes of hearings generated and shared with our criminal justice partner agencies and removed the need for staff to re-key information across different IT systems. If we are to reform the criminal justice system, we need to press ahead and reform the IT that underpins it.

[Kate Hollern]

The Common Platform has been nothing short of a disaster—one quarter of a billion wasted on a project that was fundamentally flawed from the start and designed primarily to slash thousands of highly skilled legal jobs. Even the Lord Chief Justice has raised serious concerns recently to the Justice Committee. Is it not time the Minister held up his hands, admitted this was a mistake and told His Majesty’s Courts and Tribunals Service to build a better system that focuses on delivering justice instead of wasting money in such a damaging and short-sighted way?

[Mike Freer]

The simple answer to that question is no.

Voyeurism (Offences) (No. 2) Bill (First sitting)

Kate Hollern Excerpts

Tuesday 10th July 2018 Public Bill Committees

[Yasmin Qureshi]

Q What impact do you think the Bill will have on the resources of those working in the criminal justice system, including the police?

Assistant Commissioner Hewitt: There would clearly be an impact if this legislation were enacted because it would create a new offence. It would fill a gap that exists currently in the legislation to deal with this type of offence. I do not think it would be a massively impactive issue for us and the subsequent services. You would have to think about police resourcing.

Clearly, any legislation would inevitably and quite properly lead to publicity about that legislation, which would be a positive thing. It would be an important element of any legislation to make it very clear to anybody who was thinking of perpetrating the crime that there would be a law that would deal directly with it. That would have a positive impact in terms of prevention. It would clearly lead to an increase in reporting but I do not think that level of increase would be so significant that it would outweigh the benefits of being able to deal with this crime effectively.

You would obviously have the knock-on when individuals were charged in the Crown prosecution and courts system. The other end that we would have to consider is the impact of people who would potentially be placed on the sex offenders register. That is a list that grows. To give the example from my own force in London, we have seen an increase of about 8% or 9% per annum over the past few years in London of those who are on the sex offenders register. Clearly, there is a monitoring regime around those individuals based on the risk element. There would properly and obviously be an impact on resources, but I guess that is weighed against the necessity we have to be able to deal effectively with what is a newish crime and a crime that is quite impactive.

[Kate Hollern (Blackburn) (Lab)]

Q Clause 2 of the Bill includes motives, such as obtaining sexual gratification and causing humiliation, alarm and distress. How difficult will it be for the police to secure a prosecution by establishing the motives?

Assistant Commissioner Hewitt: Establishing motive is always a challenge in any sort of crime. You will clearly have the digital evidence—that is, whatever photograph was taken. That will take you some way towards motive. Adding the element of alarm and distress is important, because the legislation should be very victim focused. Clearly, I would suggest, any person who realised or became aware that someone had taken a photograph in those circumstances would be distressed by it, so you would be able to use that.

Equally, one of the other factors we have to consider is that, often, these photographs find their way on to websites. There are websites where people will upload these kinds of photographs. Again, there is a further trail that takes you towards motivation on behalf of the person who has committed the offence.

We will always have to prove motivation, but the alarm and distress element is very strong. I suggest that, with the right kind of questioning, the right approach to interviewing and the digital evidence you would have, you would be in a reasonable place to assert the motivation.

[Mary Robinson]

Q When Gina Martin brought this to the police in the first place, she was able to get somebody on to it straight away, because there was a police officer there. The first thought was that it would be treated through the Offences Against the Person Act 1861 more generally, yet that did not come to anything. Is that because it was not previously covered or because it is difficult to prove a case? Are we going to have to guard against simply getting into another piece of legislation where it is difficult to prove the case again?

Assistant Commissioner Hewitt: I don’t think it is about difficulty. For me, that is the gap this legislation can potentially fill. The two pieces of legislation that you would most likely try to use as it currently stands are, first, outraging public decency legislation, which—let’s be honest—even with the language used in that you realise it is not necessarily fit for the time that we are now. In the first instance, that has to happen in a public place. It also requires witnesses to have been present at the time where the offence took place. An important point coming from my sexual offences lead is that it is not, per se, a sexual offence, and I think these should be treated as a sexual offence. We also have the voyeurism legislation, which has been used, but again, that requires a private setting and seeing and filming a private act.

I do not think the legislative framework as it stands is adequate for the issue that we have. It is another example where the advances and availability of technology—let’s be clear, I would guess that everyone at secondary school probably has a smartphone with them all of the time, which means they have a camera with them all of the time. This means they have the opportunity to commit an offence, amongst others. There are a number of what I believe are sexual offences that are image-based—the so-called sexting and the revenge porn as it is popularly called—all of these offences where the ability for people, universally, to take quality images quickly and potentially share those images takes us to a place where, at the moment, the legislative framework does not give us the ability to deal with that effectively. That is the gap. You always have to prove a crime and there will be always be occasions when that can be challenging. We can deal with it much more effectively with clauses that are specifically focussed on this type of offending.

Oral Answers to Questions

Kate Hollern Excerpts

Tuesday 24th January 2017 Commons Chamber

[Elizabeth Truss]

As I said, the Prime Minister and the Secretary of State for Exiting the EU are working closely with the Scottish Government, and the Government have been clear that they will respect the decision of the Court this morning.

[Kate Hollern (Blackburn) (Lab)]

8. What recent assessment she has made of the effect of the volume of probation officer caseloads on the effectiveness of the probation service.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

We are currently conducting a comprehensive review of the probation system so that it reduces reoffending, cuts crime and prevents future victims. A wide range of factors impacts on the effectiveness of probation services, including not only caseloads but the nature of supervision and rehabilitative support.

[Kate Hollern]

In October, a joint report by the prisons and probations inspectorates found that

“high workloads meant that there was no time to think about cases in prison”

and that

“workload for resettlement workers meant that they spent very little time working with individual prisoners”.

Is not that evidence that the Government’s mistaken privatisation of the probation service is failing prisoners, failing to prevent reoffending and therefore failing to protect the wider community?

[Mr Gyimah]

Our ambition for the probation system review, due out at the beginning of April, is clear. We want a simple probation system with clear outcome measures, such as getting offenders into employment and housing. Outcomes, rather than inputs, are the best way to judge our probation service across the board.

Oral Answers to Questions

Kate Hollern Excerpts

Tuesday 6th September 2016 Commons Chamber

[Mr Speaker]

Order. We are running late, so extreme brevity is now required.

[Kate Hollern (Blackburn) (Lab)]

13. What steps her Department is taking to ensure access to justice regardless of ability to pay.

[The Minister for Courts and Justice (Sir Oliver Heald)]

The Government’s reform programme is intended to deliver a simpler modern justice system that is available to everyone.

[Kate Hollern]

East Lancashire, which includes my constituency and up to five other constituencies, has only one legal aid solicitors firm to deal with housing. What is the Minister going to do about that legal advice centre desert?

[Sir Oliver Heald]

It is important for legal aid to be available, and it is, in housing cases. It is also available in the most vital cases, in which people’s lives, liberty or homes are at stake. It is available in domestic violence cases, and cases in which children may be taken into care. I am, of course, grateful to the hon. Lady for highlighting the issue, but let us be clear about the fact that legal aid in housing cases is available, as is a national helpline, as well as the services of lawyers throughout the country.

Transitional State Pension Arrangements for Women

Kate Hollern Excerpts

Wednesday 24th February 2016 Commons Chamber

[Kate Hollern (Blackburn) (Lab)]

It has been interesting to hear the passionate arguments on this issue. The first thing we have to point out is that this is a political decision: “You guys in government decided where the cuts would come.” We are not asking Ministers to put £39 billion in; we are saying, “Don’t take it out. Have a transitional arrangement.”

Over the last few months, people have been queuing up at my surgery. The 3,800 in Blackburn affected by this change feel that the Government have moved the goalposts; they thought they had a contract with the Government, but it seems not. These are the same women who had to give up their jobs in their early working lives. There was no such thing as maternity pay; women gave up their job and applied for it when they were ready to go back and if one was available. These are the same women who were not protected by equal pay—who earned a lot less than their male counterparts—and who were less able to join a private pension scheme. Nevertheless, these women recognised the problem and tried to fill the gap. They did not want to be a burden on society, so they made arrangements. After working 45 years, they are entitled to a pension they were promised—but it seems the Government do not think so.

The people I have spoken to feel they have been misled, misinformed and, in a number of cases, not informed at all. They feel the Government are forcing changes on them. As everyone else has said, nobody is objecting to equality. What we are objecting to is thousands of people having difficult financial circumstances imposed on them.

One of my constituents, Kath, came to see me. She was very upset. She felt frustrated that the Minister did not understand the impact the changes would have on her life. She said:

“Had I been born 12 months earlier my retirement age would have been 4 years sooner. Can that be right?”

Why is the burden of the increase falling over such a short period? That cannot be right and it is unfair—surely any intelligent person can see that. Kath has an additional problem: the DWP cannot predict her pension because for a number of years she was in an opt-out situation. Is that fair? Kath is a widow and has worked all her life in a range of jobs, from the NHS to the banking sector to self-employment. She now finds that everything she has worked for has been put on hold and she will have to struggle on for a few more years. She feels that this is a very sad state of affairs and wants to know why this Government are penalising her for working hard all her life.

Some transitional arrangements must be put in place, because women all over the country have been put in the same difficult circumstances as those in Blackburn. It is not too late for these women; it is not too late to right the wrong. Transitional arrangements should be made, and should be made now.

Oral Answers to Questions

Kate Hollern Excerpts

Tuesday 8th September 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I agree with my right hon. Friend that what took place was completely unacceptable. I can tell him that very thorough investigations are currently taking place. They have not yet been concluded, although some staff have been suspended. I can also tell him that every governor has been written to in the strongest possible terms and told to take immediate action to ensure all escorts and bed watches are properly conducted.

[Kate Hollern (Blackburn) (Lab)]

T7. When the criminal courts charge was introduced, Labour warned that the lack of judicial discretion would result in miscarriages of justice, with people pleading guilty to avoid additional cost. It concerns me that people may be pleading guilty to save money in the short term. That will have a longer term impact on employment opportunities. Does the Minister think that is right and fair?

[Mr Vara]

I very much hope that if people are innocent, they will plead innocent. It is important to remember that the charge is levied at the end of all the other charges—costs, compensation, victims’ surcharge and so on. The charge is also based on ability to pay, so if people are having difficulty, they will not be forced to pay. If they do keep to their payments, no matter how minimal they are, then after two years the rest of the sum is actually scrapped.