Oral Answers to Questions
Kate Osamor Excerpts(10 months ago)
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Edward Argar
The hon. Lady raises an important point. Although, on partial data for this year, caseloads are going down, she is right to highlight that they are still high. She makes a good point about the post-sentence supervision requirement, which I am happy to reflect on carefully. I understand that the Lord Chancellor and Secretary of State for Justice, the right hon. and learned Member for Cheltenham (Alex Chalk) has met representatives to hear their views on the matter.
Kate Osamor (Edmonton) (Lab/Co-op)
The Minister of State, Ministry of Justice (Edward Argar)
We are committed to improving mental health outcomes for prisoners, including recruiting additional staff, because having adequate staffing in prisons is important; investing £625,000 of funding in the Samaritans each year until March 2025, which includes the delivery of the Listener scheme; and working alongside NHS England, which is responsible for delivering mental health support services in the custodial estate to ensure that they are joined up and effective.
Kate Osamor
I have been working with a constituent whose son sadly took his own life in Pentonville last year. Although it is well established that there is a high rate of mental health problems among prisoners, the provision of support is insufficient and even reliable data on the scale of the issue is lacking. Will the Government commit to a full review of the support and safeguarding for prisoners with mental health problems?
Edward Argar
I am grateful to the hon. Lady, and I hope that through her I can pass on my sympathies and condolences to her constituent. I am not aware of the details of that case, but if she wants to write to me, I would be happy to look at that specific case. Sadly, there are too many deaths in custody and every one is a tragedy, so I am always happy to look at ways in which we can better improve the support available to those with mental health conditions or other health conditions that might make them more vulnerable within a custodial environment.
Mike Freer
My hon. Friend makes a great point. My officials have already met Dr Richards to discuss her work on the tracker and, together with the Chief Coroner’s office, we are exploring with her team how best to share the tracker on the various websites. However, I am more than happy to meet with my hon. Friend and Dr Richards to discuss how we can work together.
Kate Osamor (Edmonton) (Lab/Co-op)
The Minister of State, Ministry of Justice (Edward Argar)
I am grateful to the hon. Lady; she will be aware of the work being done across the criminal justice system through both the race disparity review and the Lammy review in that context. Decisions on remand are taken by the judiciary, so it would be wrong for me to comment on judicial decisions, but I am happy to meet her to discuss this further if that would be helpful, and so is the Minister for disparity in the justice system, my hon. Friend the Member for Finchley and Golders Green (Mike Freer).
Prison Capacity
Kate Osamor Excerpts(1 year ago)
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Alex Chalk
I thank my right hon. Friend for the care and attention he takes in respect of this matter. I will be delighted to write to him in the terms he suggests.
Kate Osamor (Edmonton) (Lab/Co-op)
Earlier this year, I secured a Westminster Hall debate on the criminalisation of ethnic minority and migrant women who are themselves victims of violence. Sadly, 57% of women in prison or under community supervision are victims of domestic violence—a shocking statistic. Will the Lord Chancellor commit to amending the Victims and Prisoners Bill to ensure statutory defences for those victims of domestic violence accused of offending, to prevent more unjust convictions?
Alex Chalk
I thank the hon. Lady for the care and attention she gives to this topic. It is worth reflecting that around 5% of the overall prison population are women, so it is overwhelmingly men who are in custody. On the point she raises, she will be aware that there are already defences available—duress, self-defence and so on—that can be invoked by individuals facing charges. We think that strikes the right balance, but I am of course happy to have a conversation with her about any representation she might wish to make.
Oral Answers to Questions
Kate Osamor Excerpts(1 year, 7 months ago)
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Mike Freer
I am aware of the court case to which the hon. Gentleman refers, and I am always happy to engage with him on his private Member’s Bill.
Kate Osamor (Edmonton) (Lab/Co-op)
The Parliamentary Under-Secretary of State for Justice (Mike Freer)
On 30 November 2022, we published our full response to the criminal legal aid independent review and a consultation on policy proposals. We are boosting the system with up-front investments to address the most urgent concerns, including uplifts of 15% for most legal aid fee schemes. We have also launched a review of civil legal aid to identify options that inform our long-term strategy of improving the sustainability of the civil legal aid system. In March 2022, we published a detailed consultation on legal aid means testing arrangements. The consultation proposes changes that should mean that legal aid is available to 2 million more people in civil cases and 3.5 million more people in magistrates courts.
Kate Osamor
I thank the Minister for his response. My office regularly refers constituents to the local law centre for housing issues relating to disrepair. The law centre is concerned that it is largely not covered by legal aid on damages for clients. Law centres are also not recognised as exempt professional firms so they are unable to purchase after-the-event insurance, meaning that clients are exposed to costs if they lose their case. Will the Minister consider extending access to legal aid in housing cases and recognising law centres as exempt professional firms?
Mike Freer
On the exemption issue, if the hon. Lady would like to write to me, I will certainly investigate that. She will be pleased to know that in the last two months we have invested an additional £10 million to boost the amount of legal aid available on housing matters.
Oral Answers to Questions
Kate Osamor Excerpts(1 year, 11 months ago)
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Mike Freer
I point out that the backlogs were on a downward trajectory until the Criminal Bar Association action. The roll-out of the Common Platform is a necessary part of modernising our systems, and I am confident that we will ensure that the system is delivered for the benefit not just of users, but of everyone who touches our criminal justice system.
Kate Osamor (Edmonton) (Lab/Co-op)
The Minister of State, Ministry of Justice (Edward Argar)
Thank you very much, Mr Speaker—it is nice to be back in the Ministry of Justice after an absence of a little over three years.
Data is collated on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether that crime was part of joint enterprise. We are, however, considering whether such data could be collected as part of the Common Platform programme. The Common Platform aims, as Members will have heard, to provide a single case management system that will enable the sharing of evidence and case information across the criminal justice system.
Kate Osamor
Members have been hearing for nearly a decade that the data will be released soon, but nothing ever comes of it. What possible excuse can there be for not being open about which prisoners have been convicted under this discredited and biased doctrine and which have not? It is that the data would clearly show how joint enterprise has been used to target black people disproportionately, particularly young black men.
Edward Argar
On the hon. Lady’s first point, we are unable at this stage to give a firm timescale for that data because capturing data on joint enterprise will depend on the level of change needed to the Common Platform and on the cost and work required to develop, test and implement it. On her broader point, the Government recognise that convictions based on joint enterprise appear from some studies to affect black, Asian and minority ethnic groups disproportionately. However, I assure her that the Crown Prosecution Service can only apply the law when making decisions, and race or ethnicity should play no part in any such decision making. We recognise the importance of the law of joint enterprise, and the consequences it can have for defendants and their families as well as for victims and their families.
Oral Answers to Questions
Kate Osamor Excerpts(2 years, 4 months ago)
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James Cartlidge
I am grateful, as ever, to the Chair of the Justice Committee. He may have seen that on Friday I published an article in the Law Society Gazette where I said that now that we have confirmed we will be legislating to deliver 15% increases to most criminal legal aid fee schemes by the end of September, I am keen that we move on to the next phase of reform. I am keen to engage with all parties, including the Criminal Bar Association, on how we can deliver that next stage. Everybody, including the CBA and the Bar Council, wanted this to be done in stages so that we could get in the initial increases as fast as possible, and that is what we are committed to.
Kate Osamor (Edmonton) (Lab/Co-op)
The Parliamentary Under-Secretary of State for Justice (James Cartlidge)
We have implemented almost all the actions that we committed to in response to the Lammy review and our work continues on the longer-term recruitment targets for HMPPS. That work is firmly embedded in the HMPPS race action programme: a significant three-year investment to deliver long-term change in inequality. We recognise that the Lammy review was an important start, not a complete solution, and our work has evolved considerably. Central to that are our commitments in the inclusive Britain strategy.
Kate Osamor
The Government’s offensive Sewell report sought to dismiss evidence of institutional racism in Britain, yet we know that systematic discrimination remains rife in the criminal justice system, such as the proportion of prisoners from ethnic minority backgrounds on remand. Will the Minister commit to publishing further progress updates on the Lammy recommendations so that the Government’s progress can be publicly held to account?
James Cartlidge
The hon. Lady makes a fair point. We obviously want to be held to account, and I am more than happy to write to her with further details of the progress that we are making. To give just one example, in our inclusive Britain strategy, we committed to a special pilot in police stations that is ensuring that juveniles receive legal advice. As she knows, many juveniles—and, it must be said, particularly those from ethnic minority backgrounds—were not engaging with the system; in the pilot, they must proactively choose to opt out. I have personally been to Wembley police station and to Brixton, where the trial is happening, and I am pleased to say that so far the results are incredibly encouraging: they suggest less time in custody for those juveniles who are participating. Most importantly, some of them are more likely to have an out-of-court disposal. We are trying to break that chain of getting stuck in the criminal justice—[Interruption.]
Oral Answers to Questions
Kate Osamor Excerpts(3 years, 5 months ago)
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Robert Buckland
My hon. Friend is right to hold the Government to account on these issues. He will recall that the White Paper I issued last year set out our plans for a framework that will do just that, by targeting the most serious violent and sexual offenders, ensuring that they serve longer proportions of their sentences of imprisonment in custody, therefore reflecting more appropriately the severity of their crimes and protecting the public, and ensuring that we introduce robust and effective community options for those who commit less serious offences.
Kate Osamor (Edmonton) (Lab/Co-op) [V]
Robert Buckland
I am grateful to the hon. Lady. She will be encouraged to know that the Judicial Appointments Commission, senior judiciary and I work together on that very issue, to ensure that the professions are doing all they can to encourage and support applicants from a black and minority ethnic background. In particular, I pay tribute to CILEX, the Chartered Institute of Legal Executives, for driving forward that important diversity. There is much more work to be done, and progress for all of us is frustratingly slow, but I will continue to put my shoulder to the wheel to ensure that we see sooner rather than later someone of a black and minority ethnic background sitting in the Supreme Court.
Human Rights in the UK
Kate Osamor Excerpts(5 years, 8 months ago)
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Kate Osamor (Edmonton) (Lab/Co-op)
It is a pleasure to speak under your chairmanship, Mr Gapes. I thank the hon. Member for Edinburgh East (Tommy Sheppard) for bringing this important issue to the House.
I am deeply concerned by the huge hole that will be left in human rights protection after Brexit, especially in the event of a no-deal Brexit. However, even while the UK remains a member of the European Union, human rights have been considerably worn down as a result of austerity policies.
Kate Osamor
No, but only because there is not a lot of time.
Only last year, the UK, according to Professor Alston, the UN rapporteur on extreme poverty and human rights, was found in breach of four UN human rights agreements: those relating to women, children, disabled people and economic and social rights. The critiquing report drew on work by the Institute for Fiscal Studies and the Joseph Rowntree Foundation to highlight predictions that child poverty could rise by 7% by 2022, possibly up to a rate of 40%. Professor Alston declared that such actual and projected levels of child poverty were
“not just a disgrace, but a social calamity and an economic disaster”.
Such reports agree with the experience of my constituents. Enfield Council has already made £178 million-worth of savings since 2010 because of funding cuts from central Government. However, further cuts mean that the council currently has to find another £18 million to draw out of essential services by 2020. That amount of £18 million is more than Enfield’s current net spend on housing services, leisure, culture, libraries, parks and open spaces combined. The impact of cuts on young people is tragic. Youth services have been decimated and young people are abandoned, as essential staff have had to be shed, and what is simply a skeleton service is provided. Austerity in education in Edmonton has created an £8.5 million annual funding shortfall. Every school in my constituency has had funding cuts since 2015. That means, in an already struggling community, that the education of every single pupil in Edmonton has been undermined.
All that and much more has been done while the UK still has the protection of the EU charter of fundamental rights. The Human Rights Act 1998 is woefully insufficient on its own, and I dread what could be done to our communities without the limited protection that the EU charter provides. Does the Minister recognise the limitations of the Human Rights Act without the protections of the EU charter of fundamental rights, and can he explain how his party’s Government are preserving those rights before the UK leaves the EU?
Gender Pricing
Kate Osamor Excerpts(8 years, 9 months ago)
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Kate Osamor (Edmonton) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Sir Edward. This is the first time I have responded from the Front Bench and I am very grateful for the opportunity to do so.
I, too, pay tribute to my hon. Friend the Member for Dewsbury (Paula Sherriff) for securing the debate and for her eloquent and insightful comments. I also thank everyone from all parts of the House—the right hon. Member for Basingstoke (Mrs Miller), the hon. Members for Maidstone and The Weald (Mrs Grant), for South Down (Ms Ritchie) and for Lanark and Hamilton East (Angela Crawley), my hon. Friend the Member for Ealing Central and Acton (Dr Huq) and the hon. Member for Falkirk (John Mc Nally) —who have all contributed to the debate. This is an important, principled debate, and it should not be a party political issue. I congratulate The Times journalists on reporting on this issue and bringing it to the forefront of public and mainstream media attention. Their calculation that gendered products marketed at women are 37% more expensive than their male counterparts reflects a wider reality of how women are expected to engage with the high street.
Women are expected to spend more on their personal hygiene, appearance and presentation than men, which is often reflected in advertising and the everyday pressures that we put on women from a young age to look and dress in a certain way. The overcharging of women for products on the high street is symptomatic of the way in which, more broadly, our economy makes women pay. Women are hit the hardest by austerity, and tampons are taxed as luxury goods.
Our domestic violence rescue services have suffered enormously over the past five years. Ironically, funds were only injected in the spending review through the tampon tax. Like grievances against the tampon tax, this debate is grounded in a principled belief that people should not pay more for products that, beyond the packaging, are identical. High street retailers should not exploit female-marked products in that way. To borrow the title of an article in The Guardian on this issue, women are overcharged every day. Imagine if that happened to men.
I applaud the work of campaigns such as “Let Toys Be Toys” that fight against unnecessarily gendered products. Gendered products on the high street are not only harmful to women in terms of pricing but often impose unnecessary gender stereotypes on to products. The Government must ensure that there is independent analysis to identify the extent of unfair gender pricing and marketing practices in the UK. The full impact of gender differentials in pricing on women must be qualified. I call upon the Government also to look at the United States and the action taken in New York and California to see what more can be done to eliminate unfair practices. Legislation has been passed in those two states to outlaw gendered pricing. An encouraging statement was released by Boots today saying that, following a Change.org petition, it has conducted a review and will be taking immediate action to amend the pricing of certain products.
I finish by expressing support for those who have campaigned on this issue, and I would welcome a meeting on this issue with the Minister and leading retailers in Parliament.
Corporate Economic Crime
Kate Osamor Excerpts(9 years ago)
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Kate Osamor (Edmonton) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Mr Stringer. I thank my hon. Friend the Member for Ealing North (Stephen Pound) for securing the debate.
Like many of my hon. Friends here today, I was disappointed to learn that the Government appear to have dropped their plans to introduce a corporate liability offence. By going back on their manifesto pledge to prosecute economic crime, this Government are pandering to corporations. They are not following through on their promise to tackle tax evasion. They are not adequately holding corporate criminals to account, in the same manner as other criminals. After the crash of 2008, the public have a right to expect those who launder money, defraud or commit other white-collar crimes to be brought to justice. The bail-out cost UK taxpayers was £133 billion—more than £2,000 per person.
As the Attorney General identified in September 2014, in the modern economy, economic crime is more pervasive than ever. According to the Financial Conduct Authority, white-collar crime is estimated to cause the UK losses of more than £40 billion a year. The number of defendants prosecuted by the Serious Fraud Office and the City of London police has fallen by a fifth since 2011, despite an increase in tip-offs. Figures from June 2014 show that the number of leads reported to Action Fraud—a national crime reporting centre that is part of the City of London police force—had jumped 46% year on year. According to Pinsent Masons, the Serious Fraud Office received more than 2,000 reports of suspected white-collar crime from whistleblowers last year.
The clear disparity between the evidence of rising economic crime and rising tip-offs and the falling number of prosecutions highlights the fact that the mechanisms in place are not working. Current legislation is inadequate to prosecute economic crime. That point is acknowledged by the SFO’s director, David Green, who would support extending section 7 of the Bribery Act. The Government’s lack of political will to address this issue is acting against the public interest.
Stephen Pound
My hon. Friend makes an important point when she talks about existing legislation but an absence of will. When deferred prosecution agreements were introduced, as part of the Crime and Courts Act 2013, we could have gone the way of the United States, which uses them with great skill and effectiveness, but for some reason not a single DPA has been signed off in this country. Does she agree that that is an example of where the legislation exists, but the will demonstrably does not?
Kate Osamor
That is a fantastic point, and I totally agree.
I end by urging the Government both to honour their manifesto pledge to tackle economic crime and to reassess their rejection of extending the Bribery Act to cover all kinds of economic crime.
Transforming Rehabilitation Programme
Kate Osamor Excerpts(9 years ago)
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Kate Osamor (Edmonton) (Lab/Co-op)
I thank my hon. Friend the Member for Aberavon (Stephen Kinnock) for bringing this debate to Westminster Hall. Effective rehabilitation must be at the heart of the UK’s prison system. The chief inspector of prisons, Nick Hardwick, said in his most recent report that prisons are in their worst state for 10 years. We lock up more people than any other western European country and have a reoffending rate of more than 50% within a year of release. We need a more effective rehabilitation programme.
The recent changes were a missed opportunity for effective reform. I am deeply concerned about the programme’s implementation, including the fact that the changes were rushed through, the model was untested with no evidence provided to support it, and the service appears fragmented. To quote the probation inspectorate report of December 2014, “Transforming Rehabilitation—Early Implementation”, splitting one organisation into two created
“process, communication and information sharing challenges that did not previously exist.”
Many will remain a challenge for some time to come.
I will focus on staff retention and morale—
Kate Osamor
May I first make a bit of progress, please?
On 8 September 2015 my hon. Friend the Member for Darlington (Jenny Chapman) raised in the House the issue of Sodexo laying off 600 staff, many of whom were experienced in providing offenders with suitable skills and learning placements. I am concerned that offenders are now not being adequately supervised, risk-assessed or monitored. Sodexo is the biggest provider of probation in the privatised service, and has been attacked by Napo for the staffing cuts.
It is not an underestimate to state that staff morale is at an all-time low. There was an overwhelming lack of support for the policy change among staff before its implementation. In September 2014, results from a survey showed that 98% had no confidence in the plans. According to an article published in The Independent, at least 1,200 staff will have left by the end of the year as a result of redundancy, retirement or a career change due to disillusionment. As Frances Crook, chief executive of the Howard League, has stated, there were only 9,000 probation officers to start with, so such a severe reduction in numbers raises important questions about the safety of the public—for example, victims of domestic violence.
Following the changes, I am concerned in particular about the morale of black, Asian and minority ethnic staff, 74% of whom were women. In May 2015 Napo’s national online survey of BAME probation service staff highlighted an alarming fall in confidence levels and morale: 80% of respondents experienced a decrease in their confidence in the probation service and 83% reported a decrease not only in the morale of staff, but in the service. A third of respondents believed that the probation service breached official guidelines during the transforming rehabilitation assignment process.
Radical and effective reform does not come through privatisation and autonomy. To prove that, we only need to look at the state of the national health service and education in this country or at a report by New Philanthropy Capital which shows that 28% of charity projects have reduced reoffending, compared with 19% of private companies.
I am deeply concerned about the impact of the changes on staff morale and the effectiveness of the rehabilitation programme as a whole. I call on the Government to respond to such concerns.
Mr David Nuttall (in the Chair)
For the benefit of new Members, may I say that if they have not written in, it is important for them to rise clearly in their places so that we can see whether they wish to be called? I call Rachael Maskell.