Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 16th March 2021 Commons Chamber

[Robert Buckland]

The hon. Lady will be glad to know that I regularly engage with the Welsh Government, Her Majesty’s Courts and Tribunals Service, and Her Majesty’s Prisons and Probation Service in Wales to ensure that the prison estate is safe, and the probation service is delivering. We have heard about the sobriety tags that have been piloted in Wales, and our courts are working well. I am glad that in Wales the management of cases has demonstrated that, now that there is no backlog. In particular, Newport Crown court was home to a multi-handed murder trial, which was dealt with successfully in recent weeks. A lot of good work is going on in Wales. Wales is leading the way, and I am proud of that.

[Kerry McCarthy (Bristol East) (Lab)]

What funding his Department has provided for technology to support prison education programmes.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

Education helps prisoners to boost their employability, build their self-esteem, and make a law-abiding contribution to society post release. Since April 2019, we have invested more than £20 million in improving technology in prisons, including investing in infrastructure that will support educational delivery.

[Kerry McCarthy [V]]

I thank the Minister for that answer. As he says, prison education programmes can be hugely beneficial, in terms of rehabilitation and preventing reoffending; future employability, life skills and literacy; or simply, as he says, boosting self-esteem. However, despite the figures that he mentions, there has been a dire lack of investment over the years. Can he tell us why the Government’s promised prison education service, which was in last year’s sentencing White Paper and, indeed, the Government’s 2019 manifesto, is completely absent from the Bill that we will vote on later today?

[Alex Chalk]

We do not need to legislate for that. We are absolutely committed to an enhanced prison education service, and I am pleased to be able to say that, in a prison close to the hon. Lady’s constituency, we are rolling out additional curriculum and neurodiversity specialists to drive reform. We absolutely believe in education and we are putting in the resources to ensure that it gets better every day.

Police, Crime, Sentencing and Courts Bill

Kerry McCarthy Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab) [V]]

I want to start by remembering Sarah Everard and all women who have died at the hands of violent men. Like all women, I have known what it is like to be scared when you are wondering whether you will make it home—taking the long way round to avoid dark places, moving carriages on the train to avoid men, and hearing footsteps behind you and then being hugely relieved when they pass by. I have also known what it is like to be subjected to abuse and assaults and to not bother reporting them, because those things are so much part of the everyday experience of being a woman. I also know what it is like not to be taken seriously when you do report them.

This Bill does not take violence against women and girls seriously either. I simply cannot imagine any scenario where an attack on a statue could be more serious than a rape, no matter how important the man it commemorates —and let’s face it: it will be a man. Yet that is exactly what this Bill suggests, with a 10-year maximum sentence for harming statues and a five-year minimum sentence for rape. Rape and sexual violence prosecutions are at their lowest ever level in England and Wales, and domestic abuse prosecutions are down 19%, yet the Government are worried about statues.

In Bristol, of course, we know all about statues. When Colston fell, I called out the Home Secretary for her completely unwarranted attack on Avon and Somerset police over their policing of the protests. Now, the independent report that the Home Secretary herself commissioned has praised the decisions that the police made at the time and said that her criticisms of them were misguided. Last summer, we showed how protests could and should be policed. The city and our Mayor responded with dignity and maturity in the aftermath, setting up the We Are Bristol history commission and starting a city-wide conversation. We used that moment to bring the city together.

The Government are now doing the exact opposite. The Communities Secretary wrote an op-ed for The Telegraph, saying:

“We will save Britain's statues from the woke militants who want to censor our past”.

We know what that is about: stoking social and cultural anxieties to win votes, seeking out not what we have in common but what divides us, and fanning the flames. Now, whether it is Black Lives Matter, Reclaim the Streets, the school climate strikes or just someone who wants to pay tribute to a murdered woman by lighting a candle and holding a vigil, people are all collateral damage in the Government’s trumped-up war on woke. That is why I will be voting against the Bill tonight.

It is not just what is in the Bill; it is also what is missing. Labour’s proposals to increase minimum sentences for rapists and stalkers, to make misogyny a hate crime and to create a new street harassment law are not in the Bill. Nor is our proposal that someone convicted of the abduction, sexual assault and murder of a stranger should be eligible for a whole-life order. The Bill could have sent out a strong signal that the Government do take women’s safety seriously. It could have been so much better. I urge the Government to stop playing politics and to start protecting women.

Courts and Tribunals: Recovery

Kerry McCarthy Excerpts

Thursday 3rd December 2020 Commons Chamber

[Robert Buckland]

I am grateful to my hon. Friend for her concern about children in the system. She will know that there are existing protocols applied by the courts to ensure that cases involving children are heard as early as possible, which is particularly important when it comes to the Crown court. The overall number of children in a secure setting, whether it is a young offenders institution or other secure accommodation, has continued to fall. It is now around 600. The numbers on remand remain about the same as they did before the pandemic but are proportionately higher because of the overall reduction in the sentenced population. We have been dealing as carefully as possible with the regime that is applied to ensure that young people are safe but that their frustrations when it comes to exercise and activity, which are natural, are dealt with. I am particularly interested in ensuring that education and skills training is improved during the pandemic, bearing in mind that in the first wave, apart from one institution, we were not able to run those programmes. I will keep her updated.

[Kerry McCarthy (Bristol East) (Lab)]

As I understand it, the independent review of administrative law panel was due to report this year. I hope the Secretary of State can give us an update on that and on whether it has looked at the fact that the number of successful environmental claims for judicial review fell by two thirds from 2016 to 2019, despite a tougher test for granted permission to proceed to the final stage. Does he agree that it is really important that access to judicial review is protected, even during difficult times like these?

[Robert Buckland]

I can assure the hon. Lady that, as set out in the terms of reference for the independent review of administrative law, the principle of judicial review and its importance in our system is something that we all believe in. The Aarhus convention will continue to apply with regard to environmental cases. The review is, as she would expect, independent. It has embarked on a large call for evidence, which has been completed. I anticipate a report soon. I will then consider the matter carefully and come back with a full response, and I will keep the House updated on progress once I receive the initial report.

Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Stephanie Peacock (Barnsley East) (Lab)]

What assessment he has made of the effect of the backlog of cases in HM Courts and Tribunals Service on access to justice.

[Kerry McCarthy (Bristol East) (Lab)]

What assessment he has made of the effect of the backlog of cases in HM Courts and Tribunals Service on access to justice.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

What assessment he has made of the effect of the backlog of cases in HM Courts and Tribunals Service on access to justice.

--- Later in debate ---

[Chris Philp]

Drastic measures are being taken. We have recently invested £153 million to improve court buildings. We have just invested, in the past few weeks, an extra £80 million to support criminal courts, including the recruitment of 1,600 extra HMCTS staff. In addition to that, we have opened 10 emergency Nightingale courts with 16 courtrooms, and a further eight such Nightingale courts with 13 courtrooms will be opened in the course of September and October. The steps that that hon. Lady is calling for have been and are being taken.

[Kerry McCarthy]

From next week, the maximum period that someone can spend in pre-trial custody for Crown court cases will be increased to 238 days. I am particularly concerned that this includes children, as well as adults, on remand. At the moment in the prison estate, there is a higher proportion of children on remand among children in custody than there has been for a decade. What can we do to make sure that juveniles, in particular, get a speedy hearing and do not spend so much time in custody when they may very well be innocent?

[Chris Philp]

The hon. Lady is quite right to draw attention to custody time limits. Of course we want to get cases heard as quickly as possible because people on remand may well be found not guilty subsequently. I do agree with her sentiments about children. I know that when judges look at listing cases, they are very mindful of that. By the end of October, we will have 250 Crown court jury trial rooms operating, which will enable us to really get through these cases as quickly as we possibly can.

Probation Services

Kerry McCarthy Excerpts

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

I think it is morally right to harness whatever we can to help us deal with not only offenders, but the causes of offending. That will often be Government-led and state-led, and that is right—we have a duty under law to do that—but there will be plenty of occasions when the genius and talent that might be in the voluntary and private sectors should also be harnessed. So I do not accept this suggestion that somehow there is a moral difference between the mixed approach that I want to take and one that rigidly sticks to an ideological position that I do not really think the hon. Gentleman believes in.

[Kerry McCarthy (Bristol East) (Lab)]

Places such as Eden House in Bristol provided an important alternative to custody for vulnerable female offenders, but the services were slashed under privatisation. Will the Minister commit, based on the work of my predecessor in this place, Baroness Corston, to making sure that services such as Eden House are returned to full capacity, so that we can fulfil that agenda of trying to keep women out of prison and providing a safe alternative for them?

[Robert Buckland]

I pay tribute to the work of Baroness Corston, which has informed policy over many years. I know that she would welcome the female offenders strategy, which enjoyed cross-party support in 2018. We are now putting that into implementation. I have announced a centre in Wales, which will really help to provide that small-scale residential but secure environment. I am keen to try to replicate that wherever possible. I have to work within a budget, but, as I have announced, it has seen an overall increase, and I want to make sure we can drive that forward in a way that I think the hon. Lady will applaud.

Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 9th June 2020 Commons Chamber

[Robert Buckland]

Your non-intervention, Mr Speaker, shows how ingenious Members of Parliament can be in weaving in themes to questions. I admire my hon. Friend’s tenacity. He will be glad to know that we will shortly be consulting on the retirement age not just for magistrates but for the judiciary in general. I am grateful to him.

[Kerry McCarthy (Bristol East) (Lab)]

What steps his Department is taking to reduce the backlog of court cases that has accumulated as a result of the covid-19 outbreak.

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

As I have suggested already, we are currently engaged in a herculean national effort to get our courts back up and running, starting with the use of remote technology, which I talked about a few moments ago. Beyond that, we are reopening courts that have been closed. We are now up to 168 courts opened as of 3 June, and we intend to open many more in the weeks ahead. We are also working to make sure those courts are used to their maximum safe capacity. Survey work is under way and has been completed in many cases so that we can understand the safe socially distanced capacity in those 168 open courts to make sure we use it fully, but the herculean national effort continues.

[Kerry McCarthy]

There was already a huge backlog of Crown court cases before the coronavirus outbreak. My concern is that many people will be remanded in custody without having been convicted of any offences. Technically they are innocent until proven guilty. What impact has the outbreak had on the time they are having to spend time remanded in custody without having been convicted of an offence? Does he have numbers?

[Chris Philp]

Custody limits do still apply as they did before, and I know that as judges make their individual listing decisions, they have regard to custody time limits approaching. I imagine that individual judges as a matter of practice would seek to prioritise cases where custody time limits are being approached. Where someone has been convicted but awaits sentence, we have been working very actively with the judiciary to prioritise having those cases heard, because if upon sentence there is not a custodial sentence, obviously the person is then free to go. Those cases are being prioritised through the system, but in particular by judges in the way they take their listing decisions.

Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 8th October 2019 Commons Chamber

[Lucy Frazer]

We are working hard to ensure that we succeed in Wales. As the right hon. Lady mentioned, it is the first of our operations. I met representatives of Napo, GMB and Unison at the end of last month to discuss that very issue, and we are working hard to ensure that matters are in place by the end of the year.

[Kerry McCarthy (Bristol East) (Lab)]

10. What support his Department provides to help prison leavers secure appropriate accommodation on release.

[The Minister of State, Ministry of Justice (Lucy Frazer)]

I absolutely agree with the hon. Lady that finding accommodation for prisoners at the end of their sentence is vital. That is why we have already started pilots to help offenders released from three prisons—Bristol, Pentonville and Leeds—to secure and maintain accommodation, with £6.4 million from the Government’s rough sleeping strategy.

[Kerry McCarthy]

My hon. Friend the Member for Sheffield, Heeley (Louise Haigh) mentioned today’s report which says that young offenders are being set up to fail when they are released. One concern raised in the report is about the quality of unregulated supported living, which is a real concern in Bristol. May I urge the Minister to talk to her counterparts in the Ministry of Housing, Communities and Local Government to see how we can regulate supported housing?

[Lucy Frazer]

The hon. Lady makes an interesting point. I would like to assure her that we do liaise with MHCLG. In fact, on Thursday I am going with my counterpart from MHCLG to visit one of the pilots in Leeds, and I will raise that point with him.

Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 18th December 2018 Commons Chamber

[Matt Western (Warwick and Leamington) (Lab)]

2. What estimate he has made of the number of people who become homeless immediately after being released from short prison sentences.

[Kerry McCarthy (Bristol East) (Lab)]

11. What estimate he has made of the number of people who become homeless immediately after being released from short prison sentences.

[The Minister of State, Ministry of Justice (Rory Stewart)]

Far too many people on short sentences—almost 35%—struggle to find suitable accommodation. That is why we are now focusing on a pilot in Bristol, Pentonville and Leeds. We not only want to get ex-offenders into accommodation, but are putting £6.4 million into ensuring that they have right kind of support, with up to five hours a week on life skills and financial management skills, and access the right services.

--- Later in debate ---

[Rory Stewart]

First, I pay tribute to Revolving Doors, which is a very impressive charity. I am afraid those are not the figures we have in the MOJ, but I am very happy to sit down with Revolving Doors and understand how it is arriving as such figures. Broadly speaking, sadly, the level of homelessness among people on short sentences has remained, in our terms, relatively static over the past decade, but I respect Revolving Doors, and I am very happy to look at that evidence with it.

[Kerry McCarthy]

When prisoners fall on that fine line between being criminals and actually being victims of crime themselves—I am particularly thinking of young people who are caught up in gangs and county lines-type drug dealing—what support is being given to them to make sure that if they are rehoused, they are rehoused away from the scene from their offending, so they are in a safe place and do not get dragged back into gang activity?

[Rory Stewart]

This is a very good challenge. We can use licence conditions to try to ensure that somebody does not return to the scene of their offending. The problem, as the hon. Lady will be aware, is that we of course have to balance that against the importance of family relationships for rehabilitation. We want to try to locate someone in a place where they will not be tempting into further reoffending, but we do not want to locate them in a place where they lose all contact with family and community.

Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 13th November 2018 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

T6. Today’s Financial Times cites Bristol Citizens Advice as saying that many more people are now getting into problem debt because of household bills rather than, for example, overspending on their credit cards. Will the Minister urge councils to follow the example of Bristol City Council which, led by Councillors Craig Cheney and Paul Goggin, is introducing an ethical collection policy, rather than deploying bailiffs to collect what are sometimes very small debts from people who have got into debt through no fault of their own? We have already heard today about some of the problems involving intimidation by rogue bailiffs.

[Mr Gauke]

I am very happy to look at what is happening in Bristol. Clearly it is right that debt collection measures are proportionate, and the hon. Lady raises an important point about that. One of the best ways to ensure that living standards increase and debt levels do not rise is by making sure that we get more people into work, and we are succeeding in that.

Oral Answers to Questions

Kerry McCarthy Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

As the hon. Lady mentions, the situation at Liverpool Prison was very disturbing. I have visited Liverpool Prison, and mental health provision is now significantly better than it was at the time of the inspection—I spent quite a lot of time with the mental health staff there—but there is a broader issue. Although we are reducing suicide, there is still far too much of it happening. A lot of this will be about making sure not only that we deal with drugs, but that we have the right kind of purposeful activity in prisons, so that prisoners do not feel the temptation to take their own life.

[Kerry McCarthy (Bristol East) (Lab)]

17. What research his Department has conducted on the cost-effectiveness of providing legal aid for early legal help.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

The hon. Lady is absolutely right to highlight the value of early legal advice, which is why the Department spent £100 million in legal aid on early legal advice for civil cases last year.

[Kerry McCarthy]

Citizens Advice has estimated that for every £1 of legal aid spending on housing advice the state would save over £2, and that if the advice was on debt and housing, it would save even more. Will the Minister commit to commissioning research into the cost-effectiveness of reintroducing early legal advice in the housing sector, so that we can save money in the long run?

[Lucy Frazer]

Advice can already be taken through a telephone hotline in relation to housing. Legal aid is available where homelessness is a risk, and debt leads to homelessness. A whole variety of early legal advice is available through legal aid at the moment, but as the hon. Lady will know, we are conducting a review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and this issue will be considered.