Lindsay Hoyle
Main Page: Lindsay Hoyle (Speaker - Chorley)Department Debates - View all Lindsay Hoyle's debates with the Ministry of Justice
(1 year, 1 month ago)
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Andrew Western (Stretford and Urmston) (Lab)
The Parliamentary Under-Secretary of State for Justice (Laura Farris)
Thank you, Mr Speaker.
Since 2010, this Government have transformed the legislative landscape on tackling violence against women. We have created new criminal offences of stalking, non-fatal strangulation and coercive control, recognising that the most pernicious abuse is not always physical. We have implemented comprehensive modern slavery and domestic abuse laws, and outlawed insidious harms, such as revenge porn and the so-called “rough sex” defence to murder. We are prosecuting more rape cases today than in 2010, with sentences that are about 50% longer. But we are going further still, in our Sentencing Bill, our Criminal Justice Bill and our Victims and Prisoners Bill.
Laura Farris
The hon. Lady makes an excellent point. There is no doubt that some of the toxic content, including violent pornography, has a serious impact on the way that women and girls are treated and the attitudes that certain men have towards them. As she will know, the Online Safety Act 2023 only received Royal Assent a month ago, and there is an extended implementation period. She will also know, I hope, that one of the later amendments to the Bill accepted by the Government placed a statutory obligation on Ofcom to publish guidance which summarises the measures that all online services need to take to reduce the risk of violence to women and girls. That is not on its own, but in consultation with the Domestic Abuse Commissioner, the Victims Commissioner and other experts. The Act also places an obligation on social media and pornography providers to prevent children from being exposed to harmful content through new and robust age verification exercises—
Laura Farris
This is an issue that the Law Commission is looking into, and it already appears in our Victims and Prisoners Bill, so that such requests will never be more than necessary and proportionate. On the subject of whether there should be a dedicated legal adviser, I respectfully draw the hon. Gentleman’s attention to the fact that since 2010, there are now 950 dedicated independent sexual violence advisers, who can support victims of rape and serious sexual abuse every step of the way. We have quadrupled victims funding to ensure that we continue to grow that cohort.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I warmly welcome my hon. Friend to her place on the Treasury Bench; it is much deserved, and she was a distinguished member of the Justice Committee. She will know from that time that much work has already been done, following on from Operation Soteria, to improve investigation, conviction and prosecution rates and the victim experience in relation to rape and serious sexual offences. Will she also bear in mind that there are further opportunities, which we highlighted as a Committee in our scrutiny of the victims element of the Victims and Prisoners Bill, to improve the victim experience and ensure that it is consistent across the whole country?
Laura Farris
I thank my right hon. Friend for his question. The David Fuller case is appalling, and I send my deepest sympathies to the families of his victims. It is unbelievably dispiriting that we are even having to talk about these acts, and of extending the definition of abuse to meet the width and depravity of his crimes.
As my right hon. Friend will know, the offence he is referring to is dealt with in section 70 of the Sexual Offences Act 2003. As a result of the David Fuller case, the Ministry of Justice is now reviewing both the maximum penalty and the scope of the law to ensure that what my right hon. Friend describes is adequately captured. Of course, I will have a meeting with both him and my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) in due course.
Chris Stephens (Glasgow South West) (SNP)
I join others in welcoming the Minister to her place. A victims Bill has been promised by the Conservatives since 2016, but while the UK Government have dithered, the Scottish Government have introduced the Victims, Witnesses, and Justice Reform (Scotland) Bill, which seeks to put victims and witnesses at the heart of the justice system. It ensures that a range of trauma-informed support is available to child victims of violent and sexual abuse crimes, allowing them to give pre-recorded evidence without needing to go to a police station or a court. Have the Minister and the Government considered adopting that approach?
Mike Freer
The question about the Home Office is one the hon. Member may want to raise with Home Office Ministers themselves. On access to legal aid, I would not say that £2 billion of legal aid means this is under-resourced. This year alone, we have continued to increase levels of legal aid across the board, and specifically in specialist areas such as immigration, so I reject the notion that it is underfunded.
Chris Stephens (Glasgow South West) (SNP)
The Lord Chancellor is currently facing a judicial review over the failure to ensure that immigration legal aid is available to those who need it. For example, the south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm has capacity for almost 500. Is this not an abject failure of the legal aid system? It is operating exactly how the Government have designed it to: abandoning the most vulnerable to navigate a complex and hostile environment without any recourse to legal representation. Is this moral bankruptcy or incompetence, or is it a combination of both?
Alex Chalk
I am proud of the fact that, unlike the previous Government, we are rolling out a prison expansion programme—something that entirely defeated the Labour party when it was in office. Labour said it was going to roll out three Titan prisons. How many did it produce? Absolutely none. On bail, it is the case that the number of those awaiting trial is higher, and up by 6,000 compared with the pre-covid period. That is why this Government are expanding capacity on the estate. We have 1,000 more judges, we are increasing the amount of legal aid, and we are ensuring that when people come to be sentenced, unlike under the Labour Government, they are going to prison for longer.
Kevin Brennan (Cardiff West) (Lab)
The Secretary of State’s emergency early release scheme is meant to tackle a capacity crisis that is entirely of this Government’s making, and it excludes only serious violence. Surely domestic abuse and stalking are serious offences, yet they are not excluded from early release. What kind of signal does that give to victims, the public, and indeed perpetrators of violence against women and girls?
Alex Chalk
We will make whatever appropriate announcements in due course; we will not demur from that. We will also not apologise for having, under this Government, a higher custodial population than before. We are taking robust steps to ensure that the public are protected, which means unashamedly that those who commit the most serious offences—those such as murder in the context of sexual or sadistic conduct—go to prison for the rest of their lives. Will the hon. Member support that? I wonder. We are also using the evidence so that those capable of rehabilitation are rehabilitated. One thing that we will not ever put at risk is the threat to women and girls. As the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury (Laura Farris), indicated, we have taken steps to ensure that victims of domestic abuse will be properly protected under the Government.
Sir Desmond Swayne (New Forest West) (Con)
Edward Argar
In a previous life as a Minister, as it were, I had youth justice in my portfolio back in 2018-19, and I had the opportunity to visit Feltham at that time. I worked with Charlie Taylor on delivering those recommendations into practice. I am pleased to tell the hon. Lady that we anticipate the first secure school opening in 2024.
Janet Daby (Lewisham East) (Lab)
Thank you, Mr Speaker. Education is vital to reduce violence, especially on the youth estate. However, violence on the youth estate is skyrocketing. Since last year, assaults on staff have increased by 33%. That puts prison staff at risk in their workplace and increases the trauma experienced by children and young people. It can also prolong their rehabilitation. How will the Minister use education and other methods available to him to reduce that violence?
Alex Chalk
Those who behave in such an appalling way should expect to feel exactly that: the full force of the law. Let me be crystal clear: those who pose a particular threat to individuals can expect to hear the clang of the prison gate. Those who commit offences while subject to an order—be it, for instance, a community order, a stalking prevention order or a domestic abuse protection order—can also expect to be outwith the presumption. Through the use of tags, we can ensure that people who do not abide by stringent requirements—which, by the way, could include not going to a particular shopping precinct—can expect one outcome, and one outcome only: prison.
Ruth Cadbury (Brentford and Isleworth) (Lab)
In response to the question from my hon. Friend the Member for Cambridge (Daniel Zeichner), the Secretary of State said that he had recruited 1,000 additional probation officers, but in fact that recruitment campaign has resulted in 76 fewer probation officers between March last year and March this year. Owing to the excessive workload, staff are leaving in droves. The proposed new presumption in favour of extended sentences and the extension of electronic monitoring will simply offload more pressure from prisons on to the probation service, will it not? What are the Government doing to address these issues of excessive workload and the loss of probation staff?
Alex Chalk
My hon. Friend speaks with great authority as a magistrate, and I know from my own experience as a practitioner how important stand-down reports are. They provide the bench with information about the offender—their relationship situation, their record of previous convictions, their mental health problems and so on—so that the court can tailor a disposal that punishes the offender but also progresses their rehabilitation. We are working closely with the probation service to ensure that that resource is properly allocated so that we can have more stand-down reports to ensure better justice on the facts of each case.
Alex Cunningham (Stockton North) (Lab)
Contrary to the claims of Ministers at every Question Time that they are getting the courts backlog sorted out, they are not, and the pain just drags on for victims. The Crown court backlog reached a record 65,000 cases at the end of June. Nearly 5,000 of them have been waiting for two years and 36,000 cases have defendants on bail. Why are things still getting worse?
Sir Michael Ellis (Northampton North) (Con)
Does my right hon. and learned Friend agree that the judiciary must not make incendiary comments about Israel? At Walsall magistrates court, a district judge recently acquitted defendants who had vandalised a factory, believing it to be supplying Israel, and is reported to have told them their action was
“proportionate in comparison to the crimes against humanity which they were acting to stop.”
Does he agree that judges are supposed to uphold the law, not encourage its breach? This brings our legal system into ill-repute, so will he take this from me as a complaint to the Judicial Conduct Investigations Office?
Mr Speaker
Order. We are not meant to criticise the courts, and I know that such a learned Gentleman will know better; I am sure we can avoid any criticism.
Alex Chalk
I simply note the question. Plainly, I make no comment on the specifics. I have heard my right hon. and learned Friend’s point, and I will happily take it up with him subsequently.