(6 years, 5 months ago)
Commons ChamberI look forward very much to meeting my hon. Friend to hear more about ONE3ONE Solutions.
If a super-prison is built in Port Talbot, there will up to 1,000 more prison places in Wales than there are currently prisoners from Wales. Does the Minister share the Howard League’s concern that Wales is set to become Westminster’s penal colony?
I think we ought to be very careful with that kind of language. There are currently about 85,000 prisoners within the estate, so having 1,000 extra prisoners in Wales is not the creation of England’s penal colony.
(6 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I agree with that assessment and there is now a situation where there have been substantial job losses, so that a lot of very experienced probation officers are no longer in post. The system is one where staff are overworked and do not necessarily have the skills and equipment that they need.
I will come on to some of the findings of a Unison survey. Unison has 3,500 members working across CRCs and the National Probation Service. It carried out a survey of members who work for CRCs and the 215 responses that it received make for really shocking reading. Twenty-five per cent. of staff said that they only occasionally had the equipment, resources or systems they needed to do their jobs properly; 41% said that they never experienced a manageable case load; 25% said that their CRC never or only occasionally completed community orders within the required time; and 43% said they never felt valued by their CRC.
Does the hon. Lady share my concern that CRCs received extra funding from the Government that was worth £37.15 million in the 2016-17 financial year, but because of the secrecy of the contracts between the Government and CRCs we cannot break that down to the level of individual companies or even receive the details of those contracts?
I thank the hon. Lady for making that point. After I have said a little bit about staff and morale, I will go on to talk a little bit about the financial bailout of CRCs, because it is really important that we recognise the additional money that has gone into propping up these failing companies. However, I will complete my points about staff morale and then move on to that issue.
I want to flag up some of the things that probation staff said in response to the Unison survey. One said:
“Chaotic, frustrating and exhausting. Caseloads are too high and I don’t feel as if I do anything to protect the public anymore, I simply process people. Service users…often comment as to how impersonal our service is now and that they feel telephone contact with offender managers is inadequate. Very sad knowing that I used to do good work.”
Another said:
“I have inherited a new caseload since early 2017—many cases have not been contacted for months—one case today I managed to contact had not heard from anyone at Probation for 16 months in a 24-month suspended sentence. It is not good enough.”
Perhaps the most damning response was this one:
“I feel stressed, de-professionalised and ready to give it up. This government have transformed rehabilitation alright. They have ruined it.”
Probation is ultimately a caring profession and it should be viewed as being a bit like teaching or social work. However, it is clear that those who work within the service are being hugely let down by privatised and profit-driven CRCs. That is summed up by the underlying tension between CRCs meeting contractual obligations and their responding to the needs of offenders, with the latter receiving much less attention than the former. Shockingly the Government are now in a position where, as has already been said, they are bailing out CRCs at a cost of millions of pounds. As things stand, CRCs are paid for the volume of rehabilitation activity.
It is a pleasure to serve under your chairmanship, Ms McDonagh. I thank the hon. Member for Lewisham West and Penge (Ellie Reeves) for securing this important debate and introducing it excellently. I declare an interest as co-chair of the justice unions and family courts parliamentary group.
In the 2010 coalition agreement, the Government promised a rehabilitation revolution, but with the privatisation of probation companies, we have instead had a fundamental erosion of the humanitarian principles that underpin meaningful rehabilitation. The Government refuse to acknowledge that their blinkered ideology of privatisation has failed and, in so doing, they are failing with regard to the basic premise of justice as a common good for all of society.
Good offender management is inseparable from quality probation supervision. In its most recent report, Her Majesty’s inspectorate of probation warns that it had found
“CRCs stretched beyond their capacity”
and that, in many CRCs,
“case management itself is insufficient to enable good enforcement decisions”,
which statistics in the report confirm—only 37% of CRC enforcement cases sampled involved good-quality assessment of the likelihood of reoffending, compared with 83% in the public sector national probation service. It is said that we should not compare CRCs with the NPS, but the most serious crimes lie with the NPS, and when we see figures of 37% versus 83%, there are questions to be answered.
That is wholly unsurprising when we look at how CRCs supervise people, with infrequent meetings, and sometimes only by phone, which breaks the face-to-face relationships that are vital to successful probation work. That lack of meaningful engagement has led to poor decisions in managing breaches of orders. The recent HMIP report also reveals that, in more than half of all inspected cases in which CRCs had returned service users to court, the decision to enforce was not appropriate, compared with just 14% of NPS cases. It appears that CRCs were “seldom” making such decisions on the risk of harm posed or the likelihood of reoffending.
CRCs are private companies. At best, they are motivated by the detail of contract compliance, rather than by the true quality of supervision. The ethos of public service and motivation of care are not their primary drivers. Does the Minister finally recognise that dismantling the probation service and replacing it with a part-privatised model has failed, and will he commit his Government to listening to the professionals when they call for an end to profiting from probation?
It is all very well to talk in statistics, but the failings have real consequences for real families. Almost three years ago, in March 2015, an innocent young man was murdered by an offender who was meant to be under the supervision of Working Links, the CRC operating in Wales. Conner Marshall, an 18-year-old, was staying with friends at a caravan site in Porthcawl, Bridgend when he was attacked in a case of mistaken identity. High on a cocktail of alcohol and drugs, his killer stamped on his face, kicked him in the ribs, stripped him naked and hit him repeatedly with a metal pole. The individual has been jailed for life after having been found guilty of murder. Conner’s killer was on community probation for a string of offences, including domestic violence and animal cruelty. He was on curfew and ordered to attend anti-drugs and alcohol meetings, but failed to turn up to several of them. Procedures were not followed. There were eight missed appointments, six of which were without valid reason. That was eight missed opportunities to rein in the murderer and implement the breach conditions. The opportunities were never taken, and he was not stopped. On behalf of Conner’s mother, Nadine Marshall, I emphasise that at present there are no representation policies for the families of victims in such horrific and tragic circumstances.
The system as it currently operates is not fit for purpose. Less than a decade ago, we were promised a rehabilitation revolution. Will the Minister confirm whether, and if so when, the wheel will finally turn beyond this failed revolution?
It is good to see you in the Chair, Ms McDonagh, and it is a pleasure to follow the hon. Member for Strangford (Jim Shannon), who made interesting points. I welcome his comment about taking back the reins, because that gets to the heart of the matter. Because of the fragmentation of the system, nobody is holding the reins in the way that they once did when looking at the rehabilitation of offenders outside of prison. I congratulate my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) on securing this debate. This area of justice policy has never had the scrutiny and interest that it deserves from Members or the media, or from anywhere. It is good to see Members in this place taking a lead and putting the spotlight on this issue, because it is so important.
Sadly, the situation today was entirely predictable. It has been a disaster and it was avoidable, but it could be remedied. I know that the Minister was not in the Ministry of Justice when the decisions were taken, so we do not blame him, but he now has the opportunity to reverse some of the decisions that have led to the catastrophe in the service. If he does not take that opportunity, he will be responsible for that and we will hold him to it. If he were to indicate that he might review the system or look at reunifying probation services, I am sure—although I cannot speak for my Front-Bench colleague, my hon. Friend the Member for Bradford East (Imran Hussain)—that he would have the wholehearted support of Opposition parties across the House.
The warnings about the Government’s mistake came not only from the Labour party, but from staff, the unions and academics, and from people from other jurisdictions where similar things had been attempted. Nobody that I could find thought the Government were taking the right approach.
There was not much scrutiny at the time of how the changes would affect probation staff—the professionals who had decided to dedicate their working lives to working with some of the most incredibly difficult people in society. I have had limited experience of working with offenders, and they are flippin’ difficult. They do not always tell you the truth, so the idea of assessing what they are doing with their lives, what they intend to do next or what control they have over their own decision making, all on the basis of a phone call, is completely implausible to most people with any experience of working with such individuals. We have separated not only offenders, but a group of professionals who were very good at sharing knowledge, supporting one another and working with a mix of offenders. Working with serious offenders all the time is difficult, stressful and emotionally hard work.
The Minister needs to read some of the court reports that detail some of the offences committed by offenders to see how that affects him. I do not think the supervision needed when working with such groups of offenders has ever really been properly provided, but it is even more difficult now, when individuals work with those types of offenders all the time. It is incredibly difficult work. Previously, someone might go into probation and work with some low or medium-risk offenders for a while and gradually take on higher-risk individuals under supervision. That progression and development in practice and that knowledge and understanding have been lost. That is a real loss to the service. We might not be seeing the impact just yet, but we will increasingly see it over time.
The Government have argued in the past that we had not allowed enough time to review the performance of CRCs, but we are now more than two years after payment by results was brought in, so it is time to review whether it is working effectively or not.
I agree: now is the moment. It would have been better to run a pilot, but the Government were determined to embark on a mission that was so fundamentally flawed it was never going to work. Had they been so minded, they could have piloted the approach and gathered evidence of the problems. That would have caused far less damage than selling off half the service in 35 different trust areas in one go and thinking that everything would go smoothly. They removed any opportunity for learning in the process, and that was reckless. It is something that the Government, even if they will not say so publicly, really ought to reflect on and probably should regret.
Selling off all the areas at once was incredibly high risk. The then Secretary of State, the Member for Epsom and Ewell (Chris Grayling), was asked at the time why he was so determined to do it. I remember this clearly and was quite shocked. He was asked for any evidence from anywhere to justify such a reckless move, and he simply said that he had inner belief that it would work. He was determined to prove it, and then he went off to run the trains. What the Government did was a mistake. It was stupid and is not something that this Minister would want to repeat. I am sure he is somebody who will look at evidence and take into account the track record of CRCs. He needs to make decisions that will change the current structures.
The whole thing has been based on the flawed premise that offenders fall neatly into two separate groups, but they do not. Risk fluctuates constantly. It takes experienced probation officers to assess that—to notice it, to know what they are supposed to look for and then to know what to do when they suspect the risk might be about to change.
We are talking about an incredibly difficult group of people. Probably everybody here has heard this, but I want to get some characteristics of offenders on the record—27% having been taken into care, compared with 2% of the general population; 49% having been excluded from school, compared with 2%; numeracy and literary levels of an 11-year-old or below at 65% and 48% respectively; 72% of men and 70% of women with two or more mental disorders; 83% of men with a history of hazardous drinking; drug misuse at 66%. We are not talking about people who have just got themselves on the earliest steps to a life of criminality. These are chaotic, confused people, with very little control over what they do. In the sector, they would probably say they are bang at it and are only getting lifted for a proportion of what they are up to. Probation work is incredibly difficult and it relies on the good will, professionalism and experience of an outstanding workforce. To be successful, we need to harness the very best practice in the profession and make that available to all offenders.
The trusts could have delivered that. They were doing a good job and met all the targets they were set by successive Governments. They were independently assessed at the time as excellent. Had the Government wanted them to behave in a different way, such as to work more collaboratively with voluntary and community sector organisations, they should have made that clear to trusts and made that a target. I am confident that the trusts would have been able to deliver on the objectives set them by the Government, even the ambition of wanting to supervise those being released from a prison sentence of less than 12 months. That was one of the objectives the Government set at the time. I do not deny that it was a good objective, but there was no attempt at all to try to achieve it within the existing arrangements. That was negligent and arrogant. It was a bullish approach from Ministers at the time, and it was a real mistake.
This is a complex issue, but it is incredibly high stakes. Splitting the service has been an error. I urge Ministers to listen now in a way that they did not at that time, and to take whatever steps are necessary to reverse the decision and keep the public safe.
That is a very good challenge, and I will move on to the question of the voluntary sector and how to take good small examples to a bigger scale.
The challenge is what on earth to do about that. How do we address the problems? The fundamental thing is to get back to the basics, which are exactly what hon. Members in the Chamber have discussed. Basics include ensuring that people have a manageable case load, which means not going beyond 50 to 55 cases. They must meet the people in the cases regularly; they must ensure that they not only meet them but put in place a good assessment of the needs of the individual and of public protection; and they must come up with a plan linking that assessment to action. That is before we go on to the other things that we have been discussing, which is how we work with the voluntary sector and wider society. The basics need to happen first.
Around the country we can see that some people are delivering those basics well. Cumbria, for example, which has a CRC, has a good report from the inspectors for doing that. London, as the hon. Member for Lewisham West and Penge knows well, got a negative report from the inspectors exactly about some of those areas. We will not go into the details and explanations for some of that today. Some are about transition and inheriting a difficult situation, and London has always been difficult for probation services and has more than 30 different boroughs. There are complexities with IT systems and so on. However, we do not want to make excuses. The fundamental question is: can we sort those things out? I believe we can.
I am very confident that we can get to a situation, even in London, which is probably the most difficult area in the country, where we can have manageable case loads, where people can be met regularly, where there is good tracking of offenders—we know where they are and take good enforcement action if they do not turn up to appointments—and where the assessment and the plan are in place. I am very hopeful that, when the next inspection report comes out from the probation inspectorate, we will see those improvements even in London. I expect to be held accountable if those improvements are not recorded in the next report.
I am interested in what the Minister is saying. Will he commit to ensure proper parliamentary scrutiny of how those organisations operate, whatever their name in future? That is not the case at present.
It would be interesting to know what kind of parliamentary scrutiny the hon. Lady means. There are some pretty good examples of scrutiny—the Justice Committee is doing a report on the probation service and we have an incredibly active, energetic and highly critical chief inspector of probation who is doing an enormously good job which is drawn on by everyone around the Chamber—but I am open to more. Debates such as this one are very powerful ways to hold us to account.
The next issue, as we move on from addressing the basics, is to look at some of the questions the hon. Member for Darlington talked about, in particular how we scale up pockets of really good small practice in individual local areas. That seems to be a huge challenge for everything—not just probation but everything we do with the voluntary sector. It is infuriating to find in most of our constituencies good local providers being pushed out either by contractors coming in from elsewhere or by large charities and voluntary sector organisations. In my case, in Cumbria, they appear to come up from London with hundreds of proposal writers to take over a local council contract, but lack the local skills and knowledge to deliver.
We need to find ways to encourage CRCs to provide both the money that could go to those voluntary organisations—for example, in housing—and the cultural change, as the hon. Member for Darlington is aware, which is to encourage probation officers to let go of the cases to let specialist providers in mental health or housing take over their clients. That can be done but it must be driven through individual CRC by individual CRC. However, that is just the beginning. The big aim is to move from what happens with the individual in the probation office to what happens in broader society.
The real reason we have faced reoffending rates stubbornly stuck at 50% for nearly 40 years is that, in the end, the behaviour of someone coming out of prison is not controlled simply by what happens in the interaction with the probation officer or, when in prison, the prison officer. That is a very individual psychological engagement. What tends to happen is that the probation officer tries to change the behaviour of the individual in the room. However, that individual exists not only in the room but in a broader society. Unless such individuals can repair their relationships with family, society and the state, we will not get into a cycle in which they offend less or, eventually, do not offend at all.
That involves difficult things, with the individual feeling a sense of hope and agency; and that they can take control of their lives and have a sense of dignified participation, not as a labelled criminal but as a citizen in the fullest sense in society. No one in the Chamber has easy answers to how to achieve those things, but we must focus on ensuring that we get everything right, from the basics of meeting, assessment and planning, right through to the broader engagement with society to make that citizen function. We must recognise that the idea of desistance is not a linear path, but it is a path to reduce reoffending and protect the public.
I will conclude with three remarks. First, I pay tribute to the very hard work of probation officers. They are some of our most dedicated and serious professionals. Yesterday in Nottingham Prison I was lucky enough to see the Derbyshire, Leicestershire, Nottinghamshire and Rutland CRC—people who have worked in probation trusts for nearly 30 years. They are based in the prison, telling very powerful stories about the assistance they provide in housing, and they represent exactly why we should be so proud of the work that probation officers do. They have difficult work which, as hon. Members have pointed out, combines the work of a social worker with that of someone who has to implement a court order and protect the public.
Secondly, I pay tribute to Members of Parliament. Their work in this area is often ignored by the public and, sometimes, too much ignored by Parliament. Such work matters deeply, as the hon. Member for Strangford pointed out, both for the individuals themselves on their journey towards improvement, and for the public.
Finally, I undertake to the House that we must focus. The results that we are getting from the inspectors are simply not good enough. I wish to be judged on driving the CRCs back to the very basics of their task, and on opening up to all the innovations and new ideas shared around the Chamber, to ensure that 40 years of stubborn rates of reoffending begin to be addressed, for the sake of individual offenders and the public as a whole.
(6 years, 6 months ago)
Commons ChamberI am grateful to the Minister for that response. He is very much on the case in recognising that we must get basic things: cleanliness, decency, the maintenance of the establishment, and the ability to run a regime where people can get out to healthcare appointments and rehabilitative work. All that is critical. Unless we turn the existing problems around, we will face a real crisis in our prisons.
I look forward to working with the Minister on those matters. In particular, I hope that he will take up our recommendations on the inspectorate and the constructive role that it can play. I can honestly say that this is a case of a small investment being likely to pay off in the long term.
As co-chair of the justice unions and family courts parliamentary group, I welcome the report, but it is amiss that the Justice Committee did not take evidence from unions representing frontline professionals. I understand from the Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers that the maintenance contractor, Amey, refused to undertake pest control at HMP Liverpool, and the previous governor—who was also not called to give evidence—had to use his already hard-pressed budget. I wonder whether the Chair would agree that governors’ autonomy is convenient cover for the Government’s failure to be accountable for the dire condition of the prison estate.
Let me say first that the Committee engaged with the POA on a number of occasions, and on an ongoing basis. Secondly, the issues relating to facilities maintenance were examined in some detail. We said in our report that we were not satisfied with the outcomes and intended to return to the issue. Thirdly, it was specifically not our role to examine the position of the previous governor in terms of the future. We heard evidence from the inspectorate about the position at that stage, and we heard evidence from the current governor about what is happening now, which is an improvement, but we did not think that going into further past history would be constructive. Our recommendations are for ways to try to ensure that this state of affairs does not occur again.
(6 years, 7 months ago)
Commons ChamberI would like to put on record my role as co-chair of the justice unions parliamentary group.
When north Wales’s only prison, HMP Berwyn, partially opened on 28 February last year, its regime of skills development and rehabilitation was lauded as pioneering, yet we now learn that, in its first six months, 27 staff members left, and I am told by the Prison Officers Association that morale is at rock bottom. I understand that, in the early months, prisoners assaulted staff on nine occasions, and only one was referred to police. How will the Minister improve offenders’ rehabilitation when recruitment, retention and, critically, staff safety at HMP Berwyn are in crisis?
I am very happy to speak in detail with the hon. Lady, who has put an enormous amount of passion and energy into studying issues in prisons in Wales. We believe there are some very positive signs now at HMP Berwyn, but we can talk those through. Recruitment figures have actually been very positive—we are ahead on the recruitment of 2,500 people across England and Wales—but I am very happy to sit down and talk about Berwyn in particular.
(6 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Howarth.
I thank the hon. Member for St Helens South and Whiston (Ms Rimmer) for calling this important debate, and I concur with what the hon. Member for Henley (John Howell) just said about purposeful imprisonment. Before I begin, I must declare my interest as a co-chair of the justice unions and family courts parliamentary group, and I apologise that I have an unavoidable commitment that means I will have to leave before the close of the debate.
A civilised society with a functioning criminal justice system cannot tolerate the present level of self-harm and suicide among inmates. That, and the doubling of the prison population over the past 30 years, is symptomatic: the prison regime of England and Wales is fundamentally unfit for purpose. There is no doubt that our penal system needs reform. The outdated principles of reprimand and revenge must now be tempered by the 21st-century ethics of rehabilitation and repair. I will focus on that second principle of repair in terms of mental health, and I will also touch on the importance of Welsh- language provision in that process of repair.
The prison environment provides an opportunity to control most aspects of inmates’ day-to-day lives. The state should grasp the chance to reduce long-term social costs and improve public safety by addressing such issues as skills deficits and physical and mental health, yet we see unprecedented levels of self-harm and suicide in prisons. It recently emerged that in the past four years four inmates took their own lives within a week of arriving at HMP Swansea.
Extreme overcrowding, harsh budget cuts and severe staff shortages mean that it is increasingly common for inmates to be locked in their cells for up to 23 hours a day. I have seen the cells myself at HMP Liverpool. They were described by the chief inspector of prisons as “squalid, dirty and disgraceful”, with water running down the walls, broken Victorian windows and electricity wires pulled out. I understand that they were pulled out so that people could then use them for attempts at suicide. We can all agree that subjecting anyone, regardless of their offence, to inhumane conditions clearly obstructs any attempt at rehabilitation and can only exacerbate the mental health problems from which so many prisoners suffer.
The Public and Commercial Services Union has considerable experience in this area, representing 2,500 staff working in the HM Prison and Probation Service. In its alternative vision for prisons, it calls for them to be
“a place of genuine reform where people are treated in a way as to generate mutual respect and genuine rehabilitation”.
The PCS, with its substantial expertise, proposes a number of important recommendations; most notably, it suggests that the Prison Service’s policy statement should be revised so that its main aim is that
“rehabilitation and the avoidance of recidivism is the focus of…the prison service”.
To improve the system, the Government must first recognise that they cannot do this alone. They must engage with those who work tirelessly in the sector, and seriously consider their recommendations for improvements. I approached the previous Minister about this matter and I ask the Minister present in the Chamber whether he will agree to meet the PCS and representatives of the justice unions parliamentary group to discuss that new initiative. I am sure we agree that there is real value in working together.
In addition to providing adequate mental healthcare, it is important to create environments in which inmates feel comfortable in which to facilitate repair. One important example is the provision of services in Welsh for Welsh speakers. The Welsh Language Commissioner found the provision of Welsh language services in prisons to be “very, very patchy”. I am aware of that problem from HMP Berwyn, which is the nearest prison to my constituency. When it was set up, we were promised that there would be specific Welsh-language services, but it is very difficult to get information about exactly what those services are. I have constituents who are first- language Welsh speakers who are still being sent to prisons in England when there is space in HMP Berwyn. I ask for that to be addressed as soon as possible. The Welsh Language Commissioner also describes efforts to meet Welsh-language demands as “not very effective” and “not consistent”. I remind the Minister that the Welsh Language Act 1993 is applicable to offender management.
I am interested in what the hon. Lady is saying about Welsh-language provision in prisons for Welsh speakers. Does she agree that there is a need for British Sign Language provision for deaf prisoners who are BSL users?
I do. It is evident to me that means of communication and respect are fundamental to how we address mental health and issues of self-esteem. All methods of communication that are more effective for prisoners should be addressed.
I hope the Minister agrees that denying an offender language rights only heightens feelings of isolation and segregation. I ask him to commit to ensuring that Welsh-language provision is strengthened in the prison sector across England and Wales.
Many other Members wish to speak in this important debate, so I will conclude. To truly make prisons a place of rehabilitation and repair, the Minister faces a challenge. I beg of him to approach this challenge innovatively and in the spirit of co-operation. The reality is that by failing to act on the horrifying number of cases of self-harm and suicide in prisons, we are to all effects and purposes condoning haphazard and extrajudicial capital punishment.
(6 years, 7 months ago)
Commons ChamberThe public need to be confident that the Parole Board is making a balanced assessment of risk. Will the Lord Chancellor commit himself to reviewing how the board assesses the risk presented by offenders? Will he also undertake to consider the role of independent psychologists in advising on offender risk, especially when their advice conflicts with that of probation and prison professionals?
(6 years, 8 months ago)
Commons ChamberThe announcement was made in the Queen’s Speech. We are looking at the parliamentary timetable and we will be able to say something about that shortly.
Perpetrators of domestic violence can currently commit abuse of process by bringing vexatious court actions against their victims, often cross-examining them in person in civil and family courts. Will the Minister consider introducing legislation on that? When will he do it?
As I have just said, the legislation was announced in the Queen’s Speech. Obviously, we have a packed parliamentary timetable at the moment, with the EU measure and other aspects of that, but we are committed to introducing legislation and we will announce details soon.
(6 years, 9 months ago)
Commons ChamberI rise to speak in support of amendment 46 in the name of my right hon. Friend the Leader of the Opposition; amendment 8 in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve); and new clause 16 in the name of my hon. Friend the Member for Nottingham East (Mr Leslie).
The charter of fundamental rights is the most up to date, and therefore, in many respects, the most fit for purpose framework for the protection of human rights that UK citizens currently enjoy. It is broad based and comprehensive in its coverage but also specific in many aspects of its scope. Although the charter of fundamental rights draws together many rights and principles that are to be found elsewhere in legislation and case law, it also augments the legislation that predated it, and in doing so provides additional rights and protections to UK citizens that are not found anywhere else. It is not simply an amalgam of rights legislation that exists elsewhere in UK law, as the Government would have us believe.
The history of human rights legislation is cumulative. It has developed over centuries. Since Magna Carta, our understanding of the inalienable rights of all human beings has been growing, expanding and evolving, and legislation has been fought for and established in response. The charter of fundamental rights is the clearest articulation that we have of a 21st century commitment to human rights. It was developed painstakingly and collaboratively by all EU member states prior to its ratification in the Lisbon treaty, and it is therefore also a clear statement of our shared values and the aspects of our common humanity that bind us together and underpin the respect that we have for each other both within and across national borders.
The charter of fundamental rights is a deeply practical framework, which UK citizens rely on for protection every day. Article 1 enshrines human dignity as a right. Few would disagree that human dignity is a right, but the charter of fundamental rights is the only place in legislation that enshrines that right, affording the most basic protection to people in receipt of social care or medical treatment, among many other circumstances.
Article 8, the protection of personal data, is a new 21st century right, which provides a foundation of principle for the development of further specific legislation to protect the privacy of individuals and to regulate the use of data. Indeed, the right hon. Member for Haltemprice and Howden (Mr Davis) made use of that provision when making his case against the Data Retention and Investigatory Powers Act 2014, and I would therefore hope that he has no wish for this provision to be rescinded and for others to be denied this opportunity.
Article 21(1) is of particular importance for LGBT people as it is the only provision in international law ratified by the UK that expressly protects people from discrimination on the basis of their sexual orientation. It adds a layer of protection over and above the provisions contained in the Equality Act 2010 and the Human Rights Act, and that protection would therefore be diminished without it.
Article 28, the right of collective bargaining and action, establishes the right of workers and employers to negotiate and conclude collective agreements and to take collective action to defend their interests, including strike action. Workers can also rely on the charter to challenge laws that breach fundamental rights. For example, individuals working in the Sudanese embassy in the UK used the charter to successfully enforce their employment rights in the UK courts. There are countless such examples and workers would lose such powers if the charter no longer applied in the UK. This Government have already proved their commitment to weakening workers’ rights in their pernicious Trade Union Act 2016, so I am afraid we can have no confidence that the protection of such rights can be taken on trust for the future.
There are many other provisions that are unique to the charter of fundamental rights and without which the human rights protections afforded to UK citizens will be weakened. The charter applies to EU law, and the Government say that the Bill places all EU law on the UK statue book, but if the Government have their will, and the charter is not part of domestic law after exit day, the important additional rights it affords the British public will be lost. It is therefore simply not the case that this Bill is the simple cut-and-paste job the Government would have us believe it is.
Stronger children’s rights protections exist in the devolved nations, and Ministers in Wales are statutorily obliged to have due regard to children’s rights, as expressed in the UN convention on the rights of the child, when exercising any of their functions, unlike in England. Does the hon. Lady share my concern that the Bill as it stands will remove the basic children’s rights safeguards offered by the EU charter of fundamental rights and prevent devolved nations from upholding the present arrangements and commitments to children’s rights into the future?
I thank the hon. Lady for her intervention, and she cites yet another powerful example of the extension of rights that is afforded by the charter to all our constituents, including those in the devolved nations.
I want to say a word now about the views of my constituents and to represent their views. My constituents voted overwhelmingly—by more than 75%—to remain in the EU. They did so for many reasons—some very practical, and others deeply principled—but in all of the many conversations I have had with my constituents since the referendum, the word they have used most often is “values”. My constituents voted to remain in the EU because the EU represents their values of tolerance, diversity and internationalism, and there is no clearer articulation of these values than the charter of fundamental rights.
Many of my constituents are deeply distressed by the EU referendum result, and they have been looking to the Government for comfort and for a negotiated Brexit deal based on the values we share with the EU. Adopting the charter of fundamental rights into UK law would send a strong signal about a continued basis of shared values with the EU and a commitment to uphold the highest standards of human rights protections as the foundation for any future trade deal with the EU. Without this commitment and this level of protection, the Government demonstrate once again that they have no commitment to high standards and that the UK’s relationship with the rest of the world risks being based on a race to the bottom in terms of protections for UK citizens.
(6 years, 10 months ago)
Commons ChamberIf it were even a slap on the wrist, that would be nice, but sometimes the punishment is absolutely minimal. It is intrinsic to justice that it has to be seen to be done, and I will come on later to why I think my Bill will make a difference. I know there are people at the criminal Bar who—perhaps out of an excessive loyalty to other lawyers—dislike it whenever we introduce a new offence, but I hope the Bill will make a difference.
Incidentally, it is worth bearing in mind the fact that this year the Welsh ambulance service has listed 114 properties as housing potentially violent people, while another 320 were listed as potentially dangerous. That is this year; in January 2016, only 50 properties were flagged up. In other words, there has been a dramatic increase in the number of places where paramedics feel they are unable to go without police support. That is truly worrying for our society.
It is important to emphasise, as the hon. Gentleman just did, that assaults on emergency workers are not solely an urban problem. Given the chronic reduction in police numbers, in particular, I hope this legislation will offer greater protection for officers in rural areas, who often respond to calls with insufficient back-up and bad communications.
The hon. Lady is absolutely right, and I can only praise her for being here today, when she could have been at the Plaid Cymru party conference. That is a phenomenal act of dedication.
(6 years, 10 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The 868 net new prison officers is not an aim: these are people who have been trained, who are on the payroll and who are being deployed on wings as we speak. We are on track to deliver the target of 2,500; the commitment is do that by the end of next year. We are making rapid progress, but there is still a long way to go in bringing stability and order to our prisons overall.
I rise as co-chair of the justice unions cross-party group. We all know that the numbers of assaults on prison staff have reached an all-time high in recent months. The Minister has sung the praises of the recruitment drive for new prison officers, but will he explain how new raw recruits are being prepared to cope with the frankly lethal results of long-term cuts in English and Welsh prisons?