Criminal Justice and Courts Bill

Lee Scott Excerpts

Monday 1st December 2014 Commons Chamber

[Chris Grayling]

Before I move on to the detail of the amendments, it might be helpful to remind the House why these reforms are so important. Judicial review was developed as a tool for citizens to challenge decisions taken by public bodies that unlawfully and adversely affect their lives. That remains as important today as ever, and nothing in these reforms will prevent those citizens from using judicial review in the future. As Lord Chancellor I take my responsibility to uphold the rule of law very seriously, but I do not believe that the way in which it has evolved in relation to the current use of judicial review is consistent with or necessary to uphold the rule of law, and I believe the time has clearly come to set some limits to prevent misuse.

Judicial review was never intended to be a tool for pressure groups to seek to disrupt perfectly lawful decision making in Government and Parliament, it was never designed to be used as a political campaigning tool, and it was never intended to put the courts above the elected Government in taking decisions over the essential interests of this country. Yet, in far too many examples, that is precisely what it has become and it is why reform is necessary. It is also why the three areas of our proposed reforms covered by this debate tonight are so important.

[Mr Lee Scott (Ilford North) (Con)]

Does my right hon. Friend agree that although the judicial process must be robust and fair, it must not be open to constant abuse?

[Chris Grayling]

Indeed. I am genuinely baffled as to why the Opposition are so set against many of these reforms when many of their predecessors as shadow Ministers or in government raised many of the same concerns. I will challenge them over one or two of the issues later, because I find their position inexplicable.

Whoever wins the general election will have to take some very difficult decisions in the next Parliament. Those decisions are not ones that any of us would wish to have to take, any more than we in government wanted to take some of the difficult decisions that we have faced in this Parliament, but tough times mean tough decisions—decisions in the interests of this country. And yet, whichever party is in government after next May will face a wave of pressure groups trying to use judicial review to delay decisions, to avoid spending reductions, and to generate publicity for their own cause.

If a group can find a clever enough lawyer, almost any Government decision can be judicially reviewed, and very many are, not necessarily on the basis of specific breaches of specific laws, but far too often on a loose argument that something was not quite right with the consultation paper, that there should have been a bit more consultation, or that a tough decision seen in isolation was irrational. Without undermining the essential core of judicial review, we need to restore common sense to the way in which the judicial review system works, and that is what we are working to do.

Education and Training (Young People with Autism)

Lee Scott Excerpts

Tuesday 1st November 2011 Commons Chamber

[Mr Lee Scott (Ilford North) (Con)]

I beg to move,

That leave be given to bring in a Bill to require the Secretary of State to make provision for the education and training of young people with autism and Asperger’s syndrome; to ensure that work opportunities are provided for those young people; and for connected purposes.

One of the biggest worries for parents who have children with autism, Asperger’s or any other special needs is what will happen when they are no longer here. Will the young person, when they become an adult, be able to look after themselves? Will they have gainful employment? I pay tribute both to my own Government and to the previous Government for the work that has been done to try to make headway on employment for young people suffering with autism, Asperger’s and any other special needs.

According to the National Autistic Society,

“There are more than 350,000 working age adults with autism in the UK. NAS research has found that, whilst many people with autism want to work, just 15% of adults with autism are in full-time paid employment and 9% are in part-time employment.”

Research shows that 79% of people with autism on incapacity benefit want to work, but need some support to get into work and retain employment. One in three people with autism is without any financial support from employment or through the benefits system, with many reliant on their families for such support. In a study carried out by Research Autism in 2008 for NAS Prospects London on the experiences of employing people with autism, seven in 10 employers questioned had had a very positive experience of employing people with autism, Asperger’s or other related conditions, and said that they would recommend it to others.

BBC Radio York contacted me this morning about the parent of a young son with autism. The parent filled out an application form for a job and filled out another for the son. The application form requested that a box be ticked if the applicant had a disability: the form indicating no disability got the applicant an interview, whereas the applicant whose form indicated there was a disability did not. Whatever the employment climate is, and however difficult things are, people with autism are not getting a fair chance.

I want to praise an organisation called Kisharon, which runs a printers and a bicycle repair shop staffed solely by young people with autism, Asperger’s or other special needs. Together with a group called Interface, which is one of my local groups serving young people with autism, Asperger’s or any special needs, and the London borough of Redbridge, with private backing—I am sure the Treasury will be pleased to hear that, as there will be no financial impact on the Treasury—they are looking at how we take matters forward.

I have had meetings with leading companies where we plan to run a pilot scheme that will allow them to employ young people and for the young people to have training through local authorities so that they can achieve what they deserve—the best possible future. Obviously, I am not a professional and could not decide who would be suitable for what role.

I came into contact with one young man who found it difficult to interact in the workplace. An employer took this young man on, although there were difficulties. There were days when perhaps the young man took offence or had a problem with things that others may not have, but that firm took that into account and worked with that young man and he has now been there for some three years and is a valued employee. For obvious reasons, I do not intend naming him.

I also want to consider how this scheme can be rolled out. At the outset, these young people need to be assessed. We need to know what skills they have. We know only too well that many young people with autism or Asperger’s syndrome are brilliant with computers and IT, but may not have great communication skills in the workplace. There is no reason why they cannot work from a satellite centre or from home.

The scheme must be overseen, because people have to be put forward as mentors in companies to work with young people and make sure that it works out. I hope to work with my Government and with charities such as the National Autistic Society, Kisharon, Interface and many others to take this forward and to run a pilot to get young people into employment and achieving as much as possible.

I return to the point about where such people might live. Many parents are concerned about what will happen to their child when they are no longer around. I have visited many small houses where four or five young people live with a housekeeper but look after themselves and go out to employment and to courses. That is the way forward for people in this group. We then need to analyse the programme’s outcomes over the years. I know from my conversations with the National Autistic Society and others that they want to see it rolled out throughout the country, so that the young man in York can find employment just as easily as the young man living in Ilford North or Redbridge.

Lord Freud has taken this matter forward in the other place and is meeting businesses, and I look forward to working with him on this. If we do not take this forward and get involved in helping, we will truly be letting down some of the most vulnerable people in our society. We all have concerns about youth unemployment. We heard them during the statement on gang crime and we have heard them in various debates, but I do not believe that anyone is happy with the present situation. I know that my Government want to take action on this. Words from me are not enough and I sincerely hope that I will receive the backing of every Member in the House today and can then return in a year’s time and say that this is working for the young people who have autism, Asperger’s and other special needs. I hope that I will be able to work with everyone in the House to achieve it and show that it is a success.

Question put and agreed to.

Ordered,

That Mr Lee Scott, Jon Cruddas, Dr Sarah Wollaston, Mike Gapes, Mr Brian Binley, John Cryer, Simon Kirby, Mr John Leech, Robert Halfon, Paul Maynard, Dr Julian Huppert and Mr. Robert Buckland present the Bill.

Mr Lee Scott accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 20 January 2012, and to be printed (Bill 242).

[Mr Speaker]

Before we come to the main business of the day—the Legal Aid, Sentencing and Punishment of Offenders Bill—we have a point of order.

Victim Support

Lee Scott Excerpts

Wednesday 8th June 2011 Westminster Hall

[Tom Brake (Carshalton and Wallington) (LD)]

It is a pleasure to serve under your chairmanship, Mr Scott. I congratulate my hon. Friend the Member for St Ives (Andrew George) on securing the debate. He set out the tragic case of his constituent, Claire Oldfield-Hampson, which he has clearly pursued relentlessly over the past 10 years.

I thank my hon. Friend for drawing my attention, and possibly that of other Members, to a number of issues. For example, when the defendant attacks the victim’s character or reputation, the victim or their family should have the opportunity to defend it. Defendants should also be made fully aware of the fact that if they accede to a guilty plea, any claims they make against their victims will be open to full and proper scrutiny. My hon. Friend also made a number of points about who can control the estate. All of them are strong points, and I am sure that the Minister will give them detailed consideration when he responds. Incidentally, it is one of the strengths of this Chamber that Members have time to raise such issues in detail, given that the time to do so is often not available to us on the Floor of the House.

I welcome the steps that the Government have taken so far to support victims, such as their proposals to ensure that the victims fund is supported through deductions made from prisoners’ earnings while they are working in prison. At the beginning of this year, the Secretary of State also announced funding that organisations such as Victim Support could bid for, and that is very welcome.

I want to raise a couple of cases that are relevant in general terms. They involve victims of crime abroad, although not victims of terrorism, which was the issue raised by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Gregg McClymont). I understand that this is the responsibility not of the Minister, but of the Foreign and Commonwealth Office, but I hope that he will be able to respond, because the issues are pertinent to victims. There are also issues about whether UK victims of crime abroad could access victim support services here, so these things have a UK bearing.

I shall refer to two cases, which I have raised previously in this Chamber, most recently on 3 November 2010, when the Minister of State, Foreign and Commonwealth Office, my hon. Friend the Member for Taunton Deane (Mr Browne), responded. The first involves Robbie Hughes, who is a British citizen. He was on holiday in Malia, in Crete, when he was allegedly attacked by a group of British tourists, and left severely brain-damaged as a result. The second involves Neil Juwaheer, the son of a constituent, who died in suspicious circumstances in a Brazilian police station. According to the autopsy carried out by the family, he had been bound with cable and had suffered serious injuries, including head injuries. The police allege that he had drugs on him, but the evidence they say they had went missing and suspiciously turned up a number of months, if not years, later. The family have been trying to have DNA tests made on the package of alleged evidence, about which they are very suspicious, to see whether it was ever inside Neil Juwaheer, as the police allege, or whether the police in fact produced it subsequently because they thought they needed evidence to substantiate their allegations about what happened, which seemed to be in direct contrast to the family’s autopsy.

I know that at least one other Member is seeking to get into the debate, so I will make just two points. First, the Minister may not be aware that work is going on at European level on victim support systems. The European Justice Commissioner, Viviane Reding, is looking at new laws to require victim support systems in every EU country. This is the sort of thing the hon. Member for Shipley (Philip Davies) might be inclined to intervene on, so before he does, let me just say—he might be surprised to hear this—that I do not support the initiative. I do not think the EU should set EU-wide laws on the victim support systems that should be required in every country. However, the EU may have a role in trying to ensure that other European partners learn from best practice here. As I understand it, victim support in the UK is indeed very good, compared with virtually anything else that is happening in Europe.

The Minister may want to take the issue up with the FCO to see what discussions have taken place on the initiative. It has been pushed by Maggie Hughes, the mother of Robbie, my constituent, and it has received a lot of interest around Europe, including in Germany, where it is likely to feature shortly in a television programme. As a result of Maggie’s work, the victims commissioner in this country has looked at the support that could be provided to UK victims of crime abroad, and the FCO website has certainly been improved as a result. I hope the Minister will want to pursue that matter with colleagues.

On the second case, undertakings were made in a previous debate in response to a number of queries that I raised. I asked about the information that can be provided to UK victims of crime abroad, the support that can be given to them and members of their family and the help that can be given to ensure that crimes are properly reported. One of the biggest problems for victims of crime abroad is getting the crime recorded in the first place. If the police abroad are not willing to register the crime, the FCO might need to ensure that it is properly registered. I also mentioned the need to tackle police corruption, as and when it is encountered, and the need for additional support for victims of crime who are seriously injured.

The Government are improving services for those who are killed, which I welcome, but they are not improving them for those who are seriously injured. In the Neil Juwaheer case, the Government could argue that he was, perhaps, a criminal and therefore not entitled to support; but, first, that has never been proven in the eyes of the family and they are pursuing the matter, and, secondly, even if it were true, the family need support, because there is no suggestion that they are involved in any criminal activity and they are UK citizens.

Those are the two points that I leave with the Minister. My hon. Friend the Member for St Ives made some very strong points about support for victims of crime in the UK. Equally, we heard about victims of terrorism abroad, but the Government could be more proactive in supporting the large group of UK citizens who experience other crimes abroad.

[Mr Lee Scott (in the Chair)]

It is my intention to call the shadow Minister and the Minister to speak at approximately 3.40 pm.

Young Offenders

Lee Scott Excerpts

Tuesday 8th March 2011 Westminster Hall

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

It is a pleasure to serve under your chairmanship, Mr Streeter, and it is a great honour to speak about this important issue. This debate is informed by my visit during recess week to Barton Moss secure children’s home and Hindley young offenders institution. I pay full tribute to their work and to the obvious dedication and humanity of all the staff whom I met in both institutions. The Prison Reform Trust has also been invaluable in helping me think through what I intend to say.

It is fair to say that in few areas of public policy is the research more voluminous, more detailed or more comprehensive than in youth justice. There is always one more report to be read, one more document to be studied in detail or one more set of figures. I welcome the fact that the coalition Government and the Opposition have stressed their commitment to the principle of early intervention during the foundation years from nought to five, but I am concerned that a cohort of young people out there are already on the conveyor belt to crime, as it has been termed.

In preparing for this debate, I was pleased to reread the pamphlet issued in 2002 by my right hon. Friend the Member for West Dorset (Mr Letwin) that first set out the idea of a conveyor belt to crime. I was working in the Conservative research department when it was published, and it is a useful reminder that those were not the wilderness years we often felt them to be at the time. The pamphlet indicated to me that the conveyor belt does not stop at age five but runs right through to age 17.

Although much good work is being done on early intervention and preventing children from stepping on to the conveyor belt to crime, we must recognise that there is a significant policy challenge in what is almost a lost generation—those aged between four and 17 who may already be on that conveyor belt and who have already missed the benefits of Sure Start, family nurse partnerships and other initiatives. It was stressed to me at Barton Moss secure children’s home that the four to 10 age group is particularly important for policy makers to grapple with. We concentrate on the foundation years and the 15 to 18 age group, but a great deal does not always happen in between. I urge Government and think tanks to address the four to 10 age group.

Whenever we discuss criminal justice, we must ask big questions. What is the criminal justice system for? What is the relative balance between punishment and rehabilitation? Crucially, where is the victim in all this? Although it is tempting to embark on a great philosophical exploration of criminal justice, I will focus on a slightly narrower field of play, starting from shorter sentences.

I was struck when one of the professionals whom I met the week before last said to me, “Well, if they are in for eight weeks, at least we can sort out their teeth.” That might seem a slightly odd thing to say—surely the purpose of incarceration is not to address issues of oral hygiene—but the point is much more fundamental. Many of the people who enter the youth justice system have had chaotic lifestyles; many have never seen a dentist or engaged with health services; and many have dropped out of the education system. Even a short sentence can offer a brief opportunity to address some of those underlying problems.

It might be argued that many in the youth justice system have experienced a perfect storm. According to the Prison Reform Trust, 76% of those in the criminal justice system have an absent father, 51% come from deprived households, 39% have appeared on the child protection register, 28% have witnessed domestic violence, 14% have a parent with a physical, mental health or learning disability, 48% have been excluded from school, 31% engage in substance use, 20% engage in self-harm, 17% have a formal mental health diagnosis and 11% have attempted suicide.

I read out that litany not merely to emphasise the relative disadvantage faced by those in the youth justice system but to make a more fundamental and frightening point. The structure of our youth justice system seems to make it more likely that the most troubled in our society will be given custodial sentences, because their needs are thought to be far too complex to be dealt with in the community.

[Mr Lee Scott (Ilford North) (Con)]

I congratulate my hon. Friend on securing this important debate. Does he share my concern that some young people suffering from Asperger’s syndrome do not necessarily get the treatment and diagnosis that they need, but are simply put down as mischievous, badly behaved troublemakers?

[Paul Maynard]

My hon. Friend anticipates much of my speech. We certainly lack a fundamental ability to assess the needs of young offenders when they enter the youth justice system and determine how best to address those needs. They therefore end up in the secure estate without having been assessed properly, because the tools are not present in the system, which is a great worry that I shall discuss later. The conveyor belt appears to be constructed almost to minimise effective exit points before reaching the secure estate. That should be of great concern, because disadvantaged children face particular problems in both the courts and custody.

It goes without saying that reoffending by juvenile offenders is extremely high. Some 75% of those released from custody and 68% of those given community sentences or other disposals in the community reoffend within a year. Why is that? Undoubtedly, some of them commit crimes and are bad people, but for a significant number, the ineffective screening process and lack of appropriate tools for identifying behavioural and communication difficulties almost set them up to fail.

I welcome, for example, the Minister’s proposed amendments to the Bail Act 1976, which would remove the option of remand for young people who were unlikely to receive a custodial sentence, but I would also welcome an assurance from him that the alternatives will adequately protect vulnerable children. When I visited Barton Moss secure children’s home, I was struck by the fact that many children are remanded there on bail for their own protection and welfare, even though they might not end up receiving a custodial sentence. There must be no presumption against a custodial remand.

Equally, when offenders reach the youth court, they find disadvantage once again. Little is done to screen young offenders for mental illness, learning disability or speech, language and communication difficulties. It is no use imposing a disposal of any sort if the young person cannot comprehend the punishment or interpret what is occurring to them in what can be a very off-putting setting. I admit that I have never visited a youth court, but I can imagine the feelings of a nervous child entering that formal situation, uncertain of the process and of what is occurring.

I welcome the previous Government’s introduction of a witness intermediary scheme to help witnesses with speech and language problems or communication difficulties better to present their case in court, but I must ask why such assistance is not also afforded to defendants suffering from similar problems. Does a child’s impairment increase the possibility of custody, because it makes it more likely that they will fail to comply with a youth rehabilitation order, or because there is a lack of an appropriate youth justice programme that might enable compliance? If so, it is a damning indictment of the system. Is it really the aim of our society that eloquent children should be more able to plead for one last chance?

When children get to custody, they have what is called the Asset form, which is the primary document for interpreting children’s needs. Those forms are critical to the development of appropriate care and sentence plans, but they are structurally flawed, because they fail to identify speech, language and communication difficulties. They impair identification of individual problems and make it harder to address those difficulties during the time in custody, however short or long it may be. The inadequacy of Asset means under-reporting of those problems, and I believe that they are taken insufficiently seriously within public policy circles.

We should recognise that, thanks to Lord Bradley’s report, improvements have been made to the way in which mental health is addressed, but the situation is by no means perfect. Indeed, it is a success only relative to the absolute failure in terms of other needs. The consequences of that failure in screening and appropriate identification are severe. As I have said, we are setting young offenders up to fail, which manifests itself in the rapid increase in the numbers of young offenders who are returned to remand for breach of conditions. For example, someone might be given what is still called an ASBO—an antisocial behaviour order—and told that they cannot enter a particular road. However, their grandmother might live on the other side of that road and, if they cross it to see her and somebody spots them and reports them for it, that is a breach. It might get them sent back to a young offenders institution, but it seems to me to be a technical breach. It might even be that the young person cannot comprehend that to get to their grandmother’s house, they would be breaching an ASBO in the first place. If they do not receive appropriate care and an appropriate sentence plan, and if they have a basic lack of understanding of the process in which they are engaged and are incapable of engaging with the interventions provided for them, we are setting them up to fail.

The story is the same when they get to custody. Nick Hardwick, the chief inspector of prisons, has said:

“Prisons can offer a short window of opportunity for the majority of young people who end up in custody…That is an opportunity that must not be wasted.”

I am concerned that it is being wasted in some instances. For example, it is critical that children who might have dropped out of the education system and have not acquired the basic skills of literacy and numeracy are re-equipped with them, if they are to fulfil a purposeful life once they are released. However, it is clear from written answers provided to me by the Minister that the number of such young people achieving literacy qualifications dropped from 2,104 in 2006-07 to just 1,350 in 2009-10. Similarly, the number completing numeracy courses dropped from 2,680 in 2006-07 to 1,813 in 2009-10. I doubt that that is simply because of a decrease in the numbers in those institutions. There is clearly something more structural going on, and I would welcome some more information on why it might be occurring.