Oral Answers to Questions

Laura Smith Excerpts

Tuesday 13th November 2018 Commons Chamber

[Mr Gauke]

We always seek to find new opportunities to improve the system, and we will continue to do so.

[Laura Smith (Crewe and Nantwich) (Lab)]

What conclusions did the Minister draw from any recent discussions with police and crime commissioners about their future role in our probation service?

Justice

Laura Smith Excerpts

Monday 22nd October 2018 Ministerial Corrections

[Rory Stewart]

We take the report very seriously, as we take all reports, including the recent report on domestic violence. It is absolutely right to say that we need to improve the risk assessment, the programme plans and the frequency of meeting. We have recently conducted a consultation on exactly what we can do to tighten up procedures for the CRCs. They have reduced reoffending by 2%, but there is much more that we can do on the quality of delivery.

Topical Questions

The following is an extract from topical questions to the Secretary of State for Justice on 9 October 2018.

[Laura Smith (Crewe and Nantwich) (Lab)]

T5. Given the criticisms contained in the report produced recently by Her Majesty’s inspectorate of probation, what assurances can the Minister give that all community rehabilitation companies’ contracts will stipulate that the probation officer qualification is absolutely necessary for the safe supervision of cases in which domestic violence is a factor?

[Rory Stewart]

As I have said, we have looked very seriously at the inspectorate’s domestic violence report. It is worth bearing in mind that this has been a problem in many probation services across the world, and that it was, in fact, a problem before the CRCs were introduced. We are looking closely at the question of qualification during the current consultation, which will run for a further six months.

[Official Report, 9 October 2018, Vol. 647, c. 23.]

Letter of correction from the Minister of State, Ministry of Justice, the hon. Member for Penrith and The Border (Rory Stewart):

An error has been identified in the response that I gave to the hon. Member for Crewe and Nantwich (Laura Smith).

The correct response should have been:

Oral Answers to Questions

Laura Smith Excerpts

Tuesday 9th October 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

I am very happy to give the assurance that I will meet my hon. Friend.

[Laura Smith (Crewe and Nantwich) (Lab)]

T5. Given the criticisms contained in the report produced recently by Her Majesty’s inspectorate of probation, what assurances can the Minister give that all community rehabilitation companies’ contracts will stipulate that the probation officer qualification is absolutely necessary for the safe supervision of cases in which domestic violence is a factor?

[Rory Stewart]

As I have said, we have looked very seriously at the inspectorate’s domestic violence report. It is worth bearing in mind that this has been a problem in many probation services across the world, and that it was, in fact, a problem before the CRCs were introduced. We are looking closely at the question of qualification during the current consultation, which will run for a further six months.[Official Report, 22 October 2018, Vol. 648, c. 4MC.]

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

Laura Smith Excerpts

Tuesday 10th July 2018 Public Bill Committees

[Ross Thomson]

Q In terms of ensuring we close this particular loophole in the law, which you have rightly exposed, do you think we need to keep the focus particularly on the issue of upskirting, to ensure that we can get the Bill passed as quickly as possible and also send out a clear message that this type of behaviour is unacceptable?

Gina Martin: That is incredibly important to me. I think it has to be focused, it has to be simple and it has to focus on this one issue. We all know there are other broader issues that we want to focus on, but this is an upskirting Bill and it has to focus on just that.

[Laura Smith (Crewe and Nantwich) (Lab)]

Q Women’s Aid and Professor Clare McGlynn have argued that the Bill’s scope needs to be extended so that victims of all image-based sexual offences have the right of anonymity in court. What are your views on this?

Gina Martin: Again, we need to deal with a lot of valuable issues. Do I think this Bill needs to cover all of them now? No, I think this is an upskirting Bill and the most important thing is that we cover this problem quickly and simply, and afford women the protection they deserve as soon as possible. I would argue that this is a Bill about upskirting and that those issues that Clare has brought forward should be dealt with properly and with scrutiny at a later date.

[Mary Robinson (Cheadle) (Con)]

Q It was really disturbing when we discussed this and you relayed how it had happened to you. Part of this was the pressure of people around you. It was quite a physical event for you. There seem to be two elements to this: the upskirting and the taking of the photograph to humiliate you and the passing around. How do you view those two incidents in terms of the humiliation aspect, or is there no difference at all?

Gina Martin: It is very difficult. I think the feeling of harassment was compounded. I have not separated out in my mind which I think was worse, because it was just a very horrible blurry event. I just hated all of it, if I am being totally honest. That is my very human response to it.

Oral Answers to Questions

Laura Smith Excerpts

Tuesday 24th April 2018 Commons Chamber

[Lucy Frazer]

My hon. Friend is right to identify that Scotland has a distinct legal system that should be respected. It is important that we engage fully with the devolved Administrations to ensure that we get the best and the right deal throughout the United Kingdom. The Secretary of State will be speaking this afternoon to the Scottish Justice Minister and my officials speak regularly with their counterparts in Scotland to ensure that we will get the best deal for the UK.

[Laura Smith (Crewe and Nantwich) (Lab)]

Given the uncertainty surrounding Brexit, it is important that the Government do not add to the worries of businesses, especially those that would otherwise be in a position to invest and grow. Will the Secretary of State end the uncertainty in the credit market and release the response to part 2 of the soft tissue injury claims process consultation immediately?

[Lucy Frazer]

The hon. Lady raises an interesting issue that I am happy to look into. More generally, legal certainty is incredibly important, which is why it is so good that we have agreed the implementation period, which gives us a period of certainty.

Legal Aid

Laura Smith Excerpts

Wednesday 29th November 2017 Westminster Hall

[Laura Smith (Crewe and Nantwich) (Lab)]

It is an honour to serve under your chairmanship, Mr Robertson.

Today’s debate cuts right to the heart of what we mean by justice. Legal aid has been a crucial instrument in ensuring that equal access to justice is attainable. After all, if access to justice is not equal, can we call it justice at all? My surgeries, like those of my hon. Friend the Member for Westminster North (Ms Buck), are full of people seeking legal advice. Unlike many hon. Members here today, I do not have a legal background.

The exact meaning of justice may be contested, but it should be quite clear to us all that a society that allows for adequate legal representation for those who can afford it while denying the same opportunities for those who cannot is not a just society. As we have heard, the Law Society has reported on the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Its findings are stark and paint a picture of a Government prioritising savings for the Exchequer over basic legal rights for our citizens. It makes 25 recommendations to improve the provision of legal advice and representation. It will be interesting to see whether this Government will actually implement the recommendations of one of our foremost legal organisations.

The 2012 Act has significantly reduced the number of areas of law in which legal aid applies, while at the same time tightening the criteria for qualification. Among the findings of the Law Society report is one that

“Large numbers of people, including children and those on low incomes, are now excluded from whole areas of free or subsidised legal advice”.

It describes changes to means testing as “counter-intuitive”, and even where people qualify for legal aid, they often struggle to access it due to inadequate provision of services, resulting in “legal aid deserts”.

Reductions in central Government funds have forced many high street legal aid firms and third sector providers to go under. The increase in legal aid deserts has resulted in many people who qualify for legal aid not being able to access it. Almost a third of the legal aid areas in England and Wales have one or no legal aid housing advice providers. Neither Shropshire nor Suffolk has a housing legal aid advice provider. Children, people with mental health issues and people with low levels of literacy and numeracy are now excluded as a result of changes to legal aid provision.

The Joint Committee on Human Rights condemned the lack of access to justice for children back in 2015 and called on the Government to correct that astonishing situation. Those calls were not heeded. The Act prevents the maximum income cap for legal aid qualification from increasing with inflation, while capital eligibility rules mean there are many benefit claimants who do not qualify for legal aid. The Justice Committee has argued that a lack of sufficient advertising of the mandatory telephone gateway has resulted in its underuse, although it is intended to be the initial point of contact for legal advice on debt, special educational needs and discrimination law.

At every turn the Government have sought to cut public services, but equal access to justice must be one of the fundamental tenets of a healthy democracy. That the Government so wilfully undermine that principle tells us all we need to know about their priorities: not ensuring fairness, not ensuring the preservation of basic rights and not ensuring a good society—social security for the rich, economic insecurity for the rest. Without legal representation being available to all, we no longer have a system of justice, but a system of privilege.