Access to Justice

Liz Saville Roberts Excerpts

Wednesday 11th January 2017 Westminster Hall

[Rob Marris]

My hon. Friend is entirely right and anticipates what I am going to say. There is, as he will know as a distinguished lawyer, an exceptional case fund, which was established to help people such as survivors of domestic violence to get free legal assistance. The Independent, which admittedly is a newspaper and not the Ministry of Justice, reported in 2015 that from April to December 2013 there were 617 applications to the exceptional case fund—that will be for all of England and Wales—and eight were successful. In the three-month period from April to June 2015, five out of 125 applications were successful. The people applying are some of the most disadvantaged in society and face some of the most grievous personal circumstances.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Legal aid has been eroded particularly, perhaps, for victims of domestic abuse, and many now have to present their cases in the family court. Regardless of recently announced Government proposals in relation to abuse of process, surely domestic abuse victims must have their own lawyers in family courts to avoid abuse by proxy.

[Rob Marris]

The hon. Lady is—

Oral Answers to Questions

Liz Saville Roberts Excerpts

Tuesday 1st November 2016 Commons Chamber

[Dr Lee]

I recall answering the hon. Lady’s question at the last Justice Question Time, and my point was that the cause of this is very complex. I am very much aware of the suicide list, and we know that we have had an increase in the number of suicides this year, particularly in the women’s system. One case in the north-east, that of Michelle Barnes, is particularly shocking. The hon. Lady can be assured that I am looking closely at it, but there have been others. In dealing with this, I am not only trying to work on a women’s strategy that can be brought forward in the new year, but looking at offender mental health across the entire prisons system.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Will the Minister commit to work with devolved Governments to ensure funding for third sector organisations such as the North Wales Women’s Centre, which supports women in the criminal justice system as an alternative to prison?

[Dr Lee]

I have already met Claire Sugden, Northern Ireland’s Justice Minister, and I intend to meet Justice Ministers from the other devolved regions. I am very happy to discuss those issues with them.

Policing and Crime Bill

Liz Saville Roberts Excerpts

Monday 13th June 2016 Commons Chamber

Brought up, and read the First time.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Government new clause 54—Powers to seize invalid travel documents.

Government new clause 55—Anonymity of victims of forced marriage.

Government new clause 56—Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults.

Government new clause 57—Powers of litter authorities in Scotland.

New clause 3—Digital Crime Review—

“(1) The Secretary of State shall have a duty to provide for a review of legislation which contains powers to prosecute individuals who may have been involved in the commission of digital crime in order to consolidate such powers in a single statute.

(2) In the conduct of the review under subsection (1), the Secretary of State must have regard to the statutes and measures that he deems appropriate, including but not limited to—

(a) Malicious Communications Act 1988, section 1,

(b) Protection from Harassment Act 1997, section 2, 2a, 4, 4a,

(c) Offences against the Person Act 1861, section 16, 20, 39, 47,

(d) Data Protection Act 1998, section 10, 13 and 55,

(e) Criminal Justice Act 1998, section 160,

(f) Regulation of Investigatory Powers Act 2000, section 30(1), (3),(5),(6), 78(5),

(g) Computer Misuse Act 1990, as amended by Serious Crime Act 2015 and Police and Justice Act 2006,

(h) Contempt of Court Act 1981,

(i) Human Rights Act 1998,

(j) Public Order Act 1986, section 4, 4a, 5, 16(b), 18,

(k) Serious Organised Crime Act 2005, section 145, 46,

(l) Wireless Telegraphy Act 2006, section 48,

(m) Criminal Justice and Courts Act 2014, section 32, 34, 35, 36, 37,

(n) Protection of Children Act 1978,

(o) Obscene Publications Act 1959,

(p) Crime and Disorder Act 1998, section 28, 29-32,

(q) Criminal Justice Act 2003, section 145, 146,

(r) Communications Act 2003, section 127, 128-131,

(s) Data retention and Investigatory Powers Act 2014, section 4,

(t) Sexual Offences Amendment Act 1992, section 5,

(u) Counter Terrorism and Security Act 2015,

(v) Protection of Freedoms Act 2012, section 33(5), 29(6),

(w) Criminal Damage Act 1971, section 2,

(x) Sexual Offences Act 2003, section 4, 8, 10, 62,

(y) Criminal Justice and Police Act 2001, section 43,

(z) Magistrates Court Act 1980, section 127,

() Suicide Act 1961, section 2(1) as amended by Coroners and Justice Act 2009,

() Criminal Justice and Immigration Act 2008, section 63,

() Theft Act 1968, section 21, and

() Criminal Law Act 1977, section 51(2)

(3) It shall be a duty of the Secretary of State to determine for the review any other statute under which persons have been prosecuted for a crime falling under section 1 of this Act.

(4) In the conduct of the review under subsection (1), the Secretary of State must consult with any person or body he deems appropriate, including but not limited to—

(a) the Police,

(b) Crown Prosecution Service,

(c) judiciary, and

(d) relevant community organisations.”

New clause 4—Surveillance and monitoring: offences—

“(1) A person commits an offence if the person—

(a) uses a digital device to repeatedly locate, listen to or watch a person without legitimate purpose,

(b) installs spyware, a webcam or any other device or software on another person’s property or digital device without the user’s agreement or without legitimate reason,

(c) takes multiple images of an individual unless it is in the public interest to do so without that individual’s permission and where the intent was not legitimate nor lawful,

(d) repeatedly orders goods or services for another person if the purpose of such actions is to cause distress, anxiety or to disrupt that person’s daily life,

(e) erases data remotely whilst a digital device is being examined by the police or any other lawful investigation,

(f) monitors a digital device registered to a person aged 17 or less if the purpose of that monitoring is to obtain information about a third person,

(g) monitors any other person’s digital device if the intent of the monitor is either to damage or steal data from that person, or

(h) creates a false persona on line without lawful reason if the purpose of such a creation is to intend to attempt to defraud, groom, impersonate or seriously damage the reputation of any other person.

(2) A person guilty of an offence under subsections (1)(a) or (b) is liable on conviction to a term of imprisonment not exceeding 12 months or a fine.

(3) For the purpose of subsection (1)(a) “repeatedly” shall be deemed as on two occasions or more.

(4) A person guilty of an offence under subsection (1)(d) is liable on conviction to a fine not exceeding the statutory limit.

(5) A person guilty of an offence under subsections (1)(e), (f), (g) or (h) is liable on conviction to a term of imprisonment not exceeding 12 months.

(6) The Secretary of State shall introduce restrictions on the sale of spyware to persons under the age of 16 and requests all persons who are purchasing such equipment to state their intended use of such equipment.”

New clause 5—Digital crime training and education—

‘(1) It shall be the responsibility of the Home Department to ensure that each Police Service shall invest in training on the prioritisation, investigation and evidence gathering in respect of digital crime and abuse.

(2) It shall be the responsibility of the Home Department to ensure that all Police services record complaints and outcomes of complaints of digital crime and abuse.

(3) It shall be the responsibility of the Secretary of State for the Home Department to publish annual statistics on complaints and outcomes of digital crime and abuse.”

New clause 6—Offence of abduction of a vulnerable child aged 16 or 17—

“(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he or she—

(a) takes a child to whom this section applies away from the responsible person; or

(b) keeps such a child away from the responsible person; or

(c) induces, assists or incites such a child to run away or stay away from the responsible person or from a child’s place of residence.

(2) This section applies in relation to a child aged 16 or 17 who is—

(a) a child in need as defined in section 17 of the Children Act 1989; or

(b) a child looked after under section 20 of the Children Act 1989; or

(c) a child housed alone under part 7 of the Housing Act 1996; or

(d) a child who is suffering or is likely to suffer significant harm subject to section 47 1(b) of the Children Act 1989.

(3) In this section “the responsible person” is—

(a) a person with a parental responsibility as defined in the Children Act 1989; or

(b) a person who for the time being has care of a vulnerable child aged 16 and 17 by virtue of a care order, an emergency protection order, or protection from section 46 of the Children Act 1989; or

(c) any other person as defined in regulations for the purposes of this section.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both such imprisonment and fine; or

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years.

(5) No prosecution for an offence above shall be instituted except by or with the consent of the Director of Public Prosecutions.”

New clause 10—Prevention of child sexual exploitation and private hire vehicles—

“(1) The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.

(2) After section 47(1) insert—

“(1A) A district council must carry out its functions under this section with a view to preventing child sexual exploitation”.

(3) At end of section 48 (1) insert—

“(c) a district council must carry out its functions under this section with a view to preventing child sexual exploitation”.

(4) Section 7 of the London Cab Order 1934 is amended as follows.

(5) After section 7(2) insert—

“(2A) Transport for London must carry out its functions under this section with a view to preventing child sexual exploitation.””

(6) Section 7 of the Private Hire Vehicles (London) Act 1998 is amended as follows.

(7) After section 7(2) insert—

“(3) The licensing authority must carry out its functions under this section with a view to preventing child sexual exploitation.””

This new clause would place local authorities under a duty to consider how they can prevent child sexual exploitation when they issue licences for taxis and private hire vehicles.

New clause 13—Grooming for criminal behaviour: offence—

“(1) A person aged 18 or over (A) commits an offence if—

(a) A has met or communicated with another person (B) on at least two occasions and subsequently—

(i) A intentionally meets B,

(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or

(iii) B travels with the intention of meeting A in any part of the world,

(b) A intends to say or do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will—

(i) encourage,

(ii) persuade, or

(iii) intimidate

B with the effect that B commits a criminal offence from which A will,

or intends to, profit.

(c) B is under 16, and

(d) A does not reasonably believe that B is 16 or over.

(2) For subsection (1)(b)(iii) to apply, A does not have to profit directly nor be the sole beneficiary of a criminal offence committed by B.

(3) In subsection (1) the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both,

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.”

New clause 14—Grooming for criminal behaviour: prevention orders—

“(1) A court may make an order under this section in respect of a person aged 18 or over (A) where—

(a) A has committed an offence under section (Grooming for criminal behaviour); or

(b) the court is satisfied that A’s behaviour makes it necessary to make such an order, for the purpose of protecting one or more persons aged 16 or under from being encouraged, persuaded or intimidated by A into committing a crime from which A intends to profit.

(2) A chief officer of police may by complaint to a magistrates’ court apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area if it appears to the chief officer that—

(a) the person has committed an offence under section (Grooming for criminal behaviour); or

(b) the person’s behaviour makes it reasonable to make such an order, for the purpose of protecting one or more other persons aged 16 or under from being encouraged, persuaded, facilitated or intimidated into committing a crime from which others will, or intend to, profit.

(c) the person has acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.

(3) An application under subsection (2) may be made to any magistrates’ court whose commission area includes—

(a) any part of the applicant’s police area, or

(b) any place where it is alleged that the person acted in a way mentioned in subsection (2)(b).

(4) A grooming for criminal behaviour prevention order (GCBPO) that includes one or more requirements must specify the person who is to be responsible for supervising compliance with the requirement who may be an individual or an organisation.

(5) Before including a requirement, the court must receive evidence about its suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to be specified;

(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

(6) Before including two or more requirements, the court must consider their compatibility with each other.

(7) It is the duty of a person specified under subsection (4)—

(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b) to promote the compliance of the GCBPO subject with the relevant requirements;

(c) if the person considers that the GCBPO subject—

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

to inform the prosecution and the appropriate chief officer of police.

(8) In subsection (7)(c) “the appropriate chief officer of police” means—

(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that—

(i) the GCBRO subject lives, or

(ii) one or more persons aged 16 or under as mentioned in subsection (1)(b) lives;

(b) if it appears to a person specified under subsection (4) that the GCBPO subject lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.

(9) The subject of a GCBPO, in addition to any specific restrictions and requirements detailed within the order, must—

(a) keep in touch with the person specified under subsection (4) in relation to that requirement, in accordance with any instructions given by that person from time to time; and

(b) notify the person of any change of address.

These obligations have effect as requirements of the order.”

New clause 15—Sentencing guidelines review: children—

“(1) With an year of the day on which this Act is passed the Sentencing Council must conduct a review of it sentencing guidelines as they relate to crime against children and crimes where the victim is a child.

(2) The Sentencing Council must publish the findings of its review and lay a copy of that report before Parliament.

(3) In conducting this review the Sentencing Council must consult—

(a) the Secretary of State for Justice,

(b) and any other bodies it thinks relevant.

(4) For the purpose of this section “child” has the same meaning as in section 105 of the Children Act 1989.”

This new clause would require the Sentencing Council to review the sentencing guideline for offences committed against children.

New clause 16—Soliciting via telecommunications order: applications, grounds and effect—

“(1) A chief officer of police may by complaint to a magistrates’ court apply for an order under this section (a “soliciting via telecommunication order“) in respect of a telecommunications service provider if it appears to the chief officer that a phone number (“the relevant phone number”) administered by a telecommunications service provider is being used for the purposes of advertising a person’s services as a prostitute.

(2) The chief office of police may make an application under subsection (1) only if the relevant phone number has been advertised in the chief officer‘s police area.

(3) Such an order requires the telecommunications service provider to take all reasonable steps to prevent calls to the relevant phone number being connected.

(4) It shall be an offence for a telecommunication service provider to fail to comply with terms of an order issued under this section.

(5) An organisation found guilty of an offence under subsection (5) shall be liable on summary conviction to a fine no greater than £50,000.”

This new clause would enable the police to request that a magistrate issues an order to mobile phone providers that they block a number if that number is on cards advertising prostitution and create an offence if they fail to comply with a fine of up to £50,000.

New clause 18—Cruelty to persons under sixteen: penalty—

“(1) The Children and Young Persons Act 1933 is amended as follows.

(2) In section 1(1)(a) leave out the words “ten” and insert “fourteen.””

To increase the maximum tariff for child cruelty from 10 years imprisonment to 14 years.

New clause 33—Police observance of the Victims’ Code: enforcement—

“(1) The Parliamentary Commissioner Act 1967 is amended as follows.

(2) In section 5(1B) omit paragraph (a) together with the final “or”.

(3) After section 5(1B) insert—

“(1BA) Subsection (1C) of this section applies if a written complaint is made to the Commissioner by a member of the public who claims that—

(a) a police officer

(b) a police service employee other than a police officer

(c) another person determined under section (1BC)

has failed to perform a Code duty owed by him to the member of the public.

(1BB) For the purposes of subsection (1BA) a Code duty is a duty imposed by a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims).

(1BC) The Secretary of State may by regulation amend the categories of person identified in subsection (1BA) as the Secretary of State thinks fit.”

(4) In section 5(4A), after “(1A)”, insert “or (1BA)”.

(5) In section 6(3), at the beginning insert “Except as provided in subsection (3A)”.

(6) After section 6(3), insert—

“(3A) Subsection (3) shall apply in relation to a complaint under section 5(1BA) as if for “a member of the House of Commons” there were substituted “the Commissioner”.”

(7) In section 7(1A), after “5(1A)”, insert “or 5(1BA)”.

(8) In section 8(1A), after “5(1A)”, insert “or 5(1BA)”.

(9) After section 10(2A), insert—

“(2B) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1BA) of this Act, he shall send a report of the results of the investigation to—

(a) the person to whom the complaint relates,

(b) the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of, and

(c) the Commissioner for Victims and Witnesses appointed under section 48 of the Domestic Violence, Crime and Victims Act 2004.”

(10) After section 10(3B) insert—

“(3C) If, after conducting an investigation pursuant to a complaint under section 5(1BA) of this Act, it appears to the Commissioner that—

(a) the person to whom the complaint relates has failed to perform a Code duty owed by him to the person aggrieved, and

(b) the failure has not been, or will not be, remedied, the Commissioner shall lay before each House of Parliament a special report upon the case.

(3D) If the Commissioner lays a special report before each House of Parliament pursuant to subsection (3C) the Commissioner may also send a copy of the report to any person as the Commissioner thinks appropriate.

(3E) For the purposes of subsection (3C) “Code duty” has the meaning given by section 5(1BB) of this Act.”

(11) In section 10(5)(d), for “or (2A)” substitute “, (2A) or (2B)”.

(12) In section 12(1), after paragraph (b) of the definition of “person aggrieved”, insert—

“(c) in relation to a complaint under section 5(1BA) of this Act, means the person to whom the duty referred to in section 5 (1BA) of this Act is or is alleged to be owed;”.”

New clause 34—Police, etc. provision for victims’ entitlement: framework—

“(1) The Victims’ Code (a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims)) shall include, but not be limited to, the entitlement of victims to receive as follows.

(2) A victim of crime shall be entitled to receive—

(a) accurate and timely information from—

(i) the police

(ii) such other agencies of the criminal justice system concerned with the detection and prosecution of the relevant crime and with the support of victims of crime as the Secretary of State deems fit;

(b) The police must ensure provision to victims of adequate notice of all relevant court and other legal proceedings, including information about decisions by and discussions between the police and other agencies of the criminal justice system relating to the person convicted of the crime concerned (“the perpetrator”), including—

(i) information about any prison sentence previously served by the perpetrator,

(ii) information about relevant changes to the perpetrator’s circumstances whilst on parole or in custody,

(iii) information about any crimes committed by the perpetrator outside the UK where the victim of the crime concerned is a British national,

(iv) access, where required, to adequate interpretation and translation services, and

(v) information about the direct contact details of the criminal justice agencies and individuals involved in the court or other legal proceedings concerned.

(3) During criminal justice proceedings, the police and other relevant agencies and authorities of the criminal justice system must ensure that victims of crime—

(a) are not subjected to unnecessary delay by any other party to the proceedings;

(b) are treated with dignity and respect by all parties involved; and

(c) do not experience discriminatory behaviour from any other party to the proceedings.

(4) Children and vulnerable adults must be able to give evidence to a court secure location away from that court or from behind a protective screen.

(5) The investigating police force concerned must ensure the safety and protection of victims of crime during proceedings, including but not restricted to—

(a) a presumption that victims of crime may remain domiciled at their home with adequate police protection if required; and

(b) ensuring that the victim and those accompanying them are provided with access to discreet waiting areas during the relevant court proceedings.

(6) All victims of crime shall have access to an appropriate person to liaise with relevant agencies on their behalf and to inform them about, and explain the progress, outcomes and impact of, their case.

(7) Witnesses under the age of 18 shall have access to a trained communications expert, to be known as a Registered Intermediary, to help them understand as necessary what is happening in the criminal proceedings.

(8) Victims of crime shall have access to transcripts of any relevant legal proceedings at no cost to themselves.

(9) Victims of crime shall have the right to attend and make representations to a pre-court hearing to determine the nature of the court proceedings.

(10) The Secretary of State must take steps to ensure that victims of crime—

(a) have access to financial compensation from public funds for any detriment arising from the criminal case concerned;

(b) are given the right to approve or refuse the payment of any compensation order made by a court against a person convicted of a crime against them;

(c) have reimbursed to them, from public funds, any expenses incurred by them in attending in court and in any related legal process, whether in the UK or overseas;

(d) have available to them legal advice where considered necessary by a judge in court proceedings; and

(e) are not required to disclose personal data in legal proceedings which puts their safety at risk unless specifically ordered to do so by a judge.”

New clause 35—Police etc. training: treatment of victims—

“(1) The Secretary of State shall publish and implement a strategy for providing training on the impact of crime on victims and victims’ rights for staff of the following organisations—

(a) the police

(b) the Crown Prosecution Service, and

(c) any other public agency or authority that the Secretary of State deems appropriate.

(2) The Secretary of State may also by regulation make provision for judges, barristers and solicitors involved in criminal cases involving sexual and domestic violence undertake specialist training.

(3) The Secretary of State shall publish an agreed timetable for the delivery and completion of the training required by this section.”

New clause 36—Establishment and conduct of homicide reviews—

“(1) In this section “homicide review” means a review of the circumstances a person aged 16 or over has, or appears to have, died as the result of a homicide and—

(a) no one has been charged with the homicide, or

(b) the person(s) charged has been acquitted.

(2) The Secretary of State may in a particular case direct a police force or other specified person or body or a person or body within subsection (5) to establish, or to participate in, a homicide review.

(3) It is the duty of any person or body within subsection (5) establishing or participating in a homicide review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance and standards issued by the Commissioner for Victims and Witnesses as to the establishment and conduct of such reviews.

(4) Any reference in subsection (2) to the Secretary of State shall, in relation to persons and bodies within subsection (5)(b), be construed as a reference to the PSNI or Department of Justice in Northern Ireland as may be appropriate.

(5) The persons and bodies within this subsection are—

(a) in relation to England and Wales—chief officers of police for police areas in England and Wales; local authorities; local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 (c 43); the National Health Service Commissioning Board; clinical commissioning groups established under section 14D of the National Health Service Act 2006; providers of probation services; Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006; NHS trusts established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006;

(b) in relation to Northern Ireland—the Chief Constable of the Police Service of Northern Ireland; the Probation Board for Northern Ireland; Health and Social Services Boards established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (SI 1972/1265 (NI 14)); Health and Social Services trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).

(6) In subsection (5)(a) “local authority” means—

(a) in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;

(b) in relation to Wales, the council of a county or county borough.”

New clause 37—Statutory duty on elected local policing bodies—

“(1) An elected local policing body must assess—

(a) the needs of victims in each elected local policing body’s police area, and

(b) the adequacy and effectiveness of the available victims’ services in that area.

(2) An elected local policing body must—

(a) prepare and consult upon an Area Victims’ Plan for its police area,

(b) having taken account of any responses to its consultation and any Quality Standard, publish the Plan in such a manner as sets out clearly how the identified victim needs will be met by the available victims’ services, and

(c) submit its Area Victims’ Plan to the Commissioner for Victims and Witnesses on an annual basis.

(3) In this section—

“elected local policing body” and “police area” have the same meaning as in Part 1 of the Police Reform and Social Responsibility Act 2011, and “Quality Standard” means the standard published under section 49(1)(f) of the Domestic Violence, Crime and Victims Act 2004.”

New clause 38—Duties of the Commissioner for Victims and Witnesses—

“(1) Section 49 of the Domestic Violence, Crime and Victims Act 2004 (general functions of Commissioner) is amended as follows.

(2) In subsection (1), after paragraph (c) insert—

“(d) assess the adequacy of each elected local policing body’s Area Victims’ Plans submitted to the Commissioner under section (Statutory duty on elected local policing bodies) of the Policing and Crime Act 2016,

(e) make to elected local policing bodies such recommendations about submitted Area Victims’ Plans as the Commissioner considers necessary and appropriate;

(f) prepare a statement of standards (the “Quality Standard”) in relation to the provision of victims’ services;

(g) publish the Quality Standard in such manner as the Commissioner considers appropriate;

(h) review the Quality Standard at intervals of not more than five years;

(i) in preparing or reviewing a Quality Standard, consult the public, and for that purpose may publish drafts of the standard;

(j) assess the steps taken to support victims and witnesses in giving evidence;

(k) make such recommendations in relation to that assessment as the Commissioner considers necessary and appropriate;

(l) issue guidance and standards for the establishment and conduct of homicide reviews under section (Establishment and conduct of homicide reviews) of the Policing and Crime Act 2016.””

New clause 39—National anti-doping provisions—

“(1) Subsections (2) and (3) apply to—

(a) all athletes participating in sport in the UK who are members of a governing body of sport or an affiliate organisation or licensee of a governing body of sport (including any clubs, teams, associations or leagues);

(b) all athletes participating in such capacity in sporting events, competitions or other activities in the UK organised, convened, authorised or recognised by a governing body of sport or any of its member or affiliate organisations or licensees (including any clubs, teams, associations or leagues), wherever held;

(c) any other athlete participating in sport in the UK who, by virtue of a contractual arrangement or otherwise, is subject to the jurisdiction of a governing body of sport for purposes of anti-doping; and

(d) any person belonging to the entourage of an athlete, whether or not such person is a citizen of, or resident in, the United Kingdom.

(2) An athlete is guilty of an offence if he or she knowingly takes a prohibited substance with the intention, or one of the intentions, of enhancing his or her performance.

(3) A person belonging to the entourage of an athlete is guilty of an offence if he or she encourages or assists or hides awareness of the relevant athlete taking a prohibited substance with the intention, or one of the intentions, of enhancing such athlete’s performance.

(4) A medical professional commits an offence if they proscribe a prohibited substance to an athlete and believe, or ought reasonably to believe, that the substance will be used by the athlete to enhance their performance.

(5) For the purposes of this section a “prohibited substance” is as defined by the World Anti-Doping Agency.

(6) Any person guilty of an offence under subsection (2), (3) or (4) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months, or to both; or

(b) On conviction on indictment, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding two years, or to both.

(7) UK Anti-Doping shall discuss the following issues with the World Anti-Doping Agency annually—

(a) the effectiveness of section 11 of the International Standard for Testing (athlete whereabouts requirements) and its harmonisation with EU privacy and working time rules and the European Convention on Human Rights;

(b) the effectiveness of the international work of the World Anti-Doping Agency; and

(c) progress on the development of a universal rollout of athlete biological passports.

(8) UK Anti-Doping shall submit the results of the annual discussions referred to in subsection (7) to the Secretary of State, who shall in turn—

(a) lay before both Houses of Parliament an annual report documenting—

(i) whether the athlete whereabouts requirements are effective in combating the abuse of drug-taking and in compliance with EU privacy and working time rules and the European Convention on Human Rights, and

(ii) the performance of the World Anti-Doping Agency in general; and

(b) determine whether the Government should remain a member and continue to support the World Anti-Doping Agency.”

New clause 41—Local Safeguarding Children Board: prevention of child sexual exploitation—

“(1) The Children Act 2004 is amended as follows.

(2) In section 14 after “children”, insert “and preventing child sexual exploitation, child abuse and child neglect.””

New clause 44—Modern technology: specialist digital unit (child abuse)—

“(1) The chief officer of each police force in Wales and England must ensure that within their force there is a unit that specialises in analysing and investigating allegations of online offences against children and young people.

(2) The chief officer must ensure that such a unit has access to sufficient digital forensic science resource to enable it to perform this function effectively and efficiently.”

New clause 46—Anonymity for victims who have private sexual photographs and films disclosed without their consent with intent to cause distress—

“(1) Section 2 of the Sexual Offences (Amendment) Act 1992 is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

(c) an offence under section 33 of the Criminal Courts and Justice Act 2015.”

New clause 47—Compensation for victims who have private sexual photographs and films disclosed without their consent with intent to cause distress—

“(1) Section 33 of the Criminal Justice and Courts Act 2015 is amended as follows.

(2) After subsection (9), insert—

“(9A) The court may order a person guilty of an offence under this section to pay compensation to the victim of the offence, under sections 130 to 132 of the Powers of Criminal Courts (Sentencing) Act 2000.

(9B) Compensation under subsection (9A) may be awarded for (among other things) any anxiety caused by the offence and any financial loss resulting from the offence.”

New clause 60—Duty to report on Child Abduction Warning Notices—

“(1) Each police force in England and Wales must report to the Secretary of State each year on—

(a) the number of Child Abduction Warning Notices issued;

(b) the number of Child Abduction Warning Notices breached; and

(c) the number of Sexual Risk Orders and Sexual Harm Prevention Orders issued following the breach of a Child Abduction Warning Notice.

(2) The Secretary of State must prepare and publish a report each year on—

(a) the number of Child Abduction Warning Notices issued in each police force in England and Wales;

(b) the number of Child Abduction Warning Notices breached in each police force in England and Wales; and

(c) the number of Sexual Risk Orders and Sexual Harm Prevention Orders issued following the breach of a Child Abduction Warning Notice in each police force in England and Wales

and must lay a copy of the report before Parliament.”

New clause 61—Disclosure of private sexual photographs and films without consent and with the intent to cause distress, fear or alarm, or recklessness as to distress, fear or alarm being caused—

“(1) Section 33 of the Criminal Justice and Courts Act 2015 is amended as follows.

(2) In subsection (1) after “disclose” insert “or threaten to disclose”.

(3) In subsection (1)(b) after “distress” insert “fear or alarm or recklessness as to distress, fear or alarm being caused”.

(4) After subsection (1) insert—

“(1A) It is also an offence to knowingly promote, solicit or profit from private photographs and films that are reasonably believed to have been disclosed without consent and with the intent to cause distress, fear or alarm, or recklessness as to distress, fear or alarm being caused”.

(5) Leave out subsection (8).”

This new clause clarifies and expands the definition of the offence of disclosing private sexual photographs and films without consent and with the intent to cause distress, also known as revenge pornography, so that it includes reckless intent. This new clause also makes it an offence to knowingly promote, solicit or profit from private photographs and films that are reasonably believed to have been disclosed without consent.

New clause 62—Meaning of “private” and “sexual”—

“(1) Section 35 of the Criminal Justice and Courts Act 2015 is amended as follows.

(2) In subsection (3)(a) after “exposed genitals” insert “breasts, buttocks,”.

(3) Leave out subsection 4.

(4) Leave out subsection 5.”

This new clause expands the definition of “sexual” and ensures the disclosure of pornographic photoshopped images, posted with the intent to cause distress, fear or alarm or recklessness as to distress, fear or alarm being caused, are covered by the law.

New clause 67—Misconduct in public office—

“(1) A person commits an offence if—

(a) the person is a public officer,

(b) the person wilfully neglects to perform their duty or wilfully misconducts themselves in the performance of their public duty to such a degree as to amount to an abuse of the public‘s trust in the office holder, and

(c) the person acts without reasonable excuse or justification.

(2) A person guilty of an offence under subsection (1) is liable—

(a) in England and Wales, to imprisonment for a term not exceeding 12 months or, in relation to offences committed, to a fine, or to both;

(b) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

(c) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both.

(3) For the purposes of this section, a public officer is an officer who discharges any duty in the discharge of which the public are interested and includes, but is not limited to—

(a) executive or ministerial officers,

(b) police officer, including a police officer in a period of suspension and a former police officer doing part-time police work,

(c) constable,

(d) special constable,

(e) community support officer,

(f) employee of a police force with responsibility for the computer system of that police force,

(g) prison officer,

(h) Independent Monitoring Board member,

(i) nurse working within a prison,

(j) coroner,

(k) army officer,

(l) accountant in the office of the Paymaster General,

(m) Justice of the Peace

(n) magistrate,

(o) district judge,

(p) clergy of the Church of England,

(q) mayor,

(r) local councillor,

(s) employee of a local authority, and

(t) civil servant or other employee of a public body.”

This new clause seeks to codify the common law offence of misconduct in public office and prescribes a list of ‘public officers’ to which this offence shall apply

Government amendments 107, 108, 111 to 116 and 119 to 122.

[Liz Saville Roberts]

I intend to speak to new clauses 2, 3, 4, 5, and 44, and I intend to press new clause 2 to a Division. The other new clauses are intended to test discussions that took place in Committee.

I note what the Minister said earlier in support of localism, but would cautiously remind him if he were still in the Chamber that although Wales is one of the four nations of the United Kingdom, it is the only one that has no responsibility for its police forces. The Governments of both Scotland and Northern Ireland are able to acknowledge the specific needs of their communities and direct their police forces to work effectively in response to those needs, but Wales must follow the policing priorities of England.

The four police forces of Wales are unique in the United Kingdom in that they are non-devolved bodies operating within a largely devolved public services landscape. They are thus required to respond to the agendas of two Governments, and to serve a nation whose people have the right to use either the English or the Welsh language. It should be noted that the Assembly’s budget already funds 500 extra police community support officers.

[Hywel Williams (Arfon) (PC)]

Does my hon. Friend, like me, find it peculiar that other services that are vital to Welsh communities, such as social services, education, economic and health—including mental health—are all devolved? Would it not greatly aid the coherence of public policy in Wales if this particular service were also devolved?

[Liz Saville Roberts]

I understand that the very fact of having to work to, and be answerable to, two agendas is the reason our colleagues in the Assembly, and the four police and crime commissioners in Wales, are calling for the devolution of policing.

What I am describing contrasts starkly with the situation in Wales. Power over policing is due to be devolved to English city regions: Manchester and Liverpool, for example. The present approach to devolution has been criticised in a House of Lords Constitutional Committee report, published last month, which described it as piecemeal and lacking a coherent vision. I would strongly argue that the devolution of policing to Wales would benefit the people of Wales, and that they are ill served by the antiquated England and Wales arrangement, which, inevitably, is designed with the priorities of English cities in mind.

Our demographics are different in Wales. The need to maintain effective services in rural areas with scattered populations cries out for better consideration. The impact of tourism—populations rocket at bank holidays and in summer months—stretches resources to the limit. Abersoch, in my constituency, has 1,000 year-round residents, yet North Wales police have to deal with an influx of 20,000 visitors in the summer season. I went on patrol with officers last August, and saw that drunken behaviour meant that police officers had to focus attention on that one community, travelling for hours back and forth along country roads to the nearest custody cells 30 miles away. The current arrangement of policing in England and Wales is dominated by English metropolitan concerns, and fails to provide for Wales's needs.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

My hon. Friend is making very strong points. Only recently, the UK Government introduced centralised helicopter services for the police in England and Wales. That did not affect Scotland and Northern Ireland, because their police forces were decentralised. They kept their helicopters, but we lost ours in Dyfed-Powys. Ministers should not smirk; this affects lives in my constituency. The police force in Dyfed-Powys called out the helicopter on more than 40 occasions, and it was sent out on only a handful of them.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. This is not like you, Mr Edwards. If you want to speak, you are allowed to speak, but you cannot make a speech and get carried away and start pointing at the Minister. Let us try to keep it calm. If you want to raise any points, there will certainly be time for you to do so. We will not miss you out.

[Liz Saville Roberts]

But the question of resources and how those priorities direct them does indeed highlight again the fact that Wales has different needs, and those resources from central Government do get directed to those priorities which best serve England.

When devolution of policing to Wales was discussed in Committee, the Minister present referred to the Silk commission on devolution in Wales, which was established by his party in 2011 with cross-party membership. Part 2 was published in 2014 and recommended devolution. He made much at the time of the fact that there was no consensus on this recommendation as a result of the St David’s day process and “Powers for a purpose”.

Those involved in that process have told me it was little more than a tick-box exercise: if all party representatives liked it, the power was in the bag; if not, chuck it out, regardless of the implications for the governance and needs and, indeed, people of Wales. I note that in Committee Labour indicated a grudging support for devolving policing, albeit in the distant future: 10 years away. It seems pressure from Plaid is driving the accelerator. This is not a matter of jam tomorrow; we are living in hope of this today.

This opportunity is before the House here and now. The contents of future legislation and future amendments lack this certainty. If this House votes for devolution today, policing will be devolved to Wales, and the Government will then have to amend the Wales Bill accordingly at the very start of its journey. Indeed, surely, the Wales Bill deals first and foremost with constitutional matters, but here is our opportunity to make sure. I urge Labour to grasp the opportunity and support the National Assembly for Wales and all four police and crime commissioners in Wales and vote for the devolution of policing today.

New clauses 3, 4 and 5 relate to aspects of digital crime. I would note that these and new clause 44 are probing amendments. The Government state that resources are already provided to counter digital crime in the form of the National Cyber Crime Unit. I would respond that the National Cyber Crime Unit is relatively small, and that the national cyber security programme concentrates primarily on the security of businesses and infrastructure. Action Fraud addresses crime in relation to online fraud. The priorities are business, financial and serious crime, and do not cover the safeguarding of victims of abuse crimes such as domestic violence, stalking, harassment or hate crime.

The first of the new clauses proposes a review of legislation relating to digital crime and to consolidate the numerous Acts into a single statute. There are now over 30 statutes that cover online crime. Criminal justice professionals, including the police and CPS, believe this to be confusing at best and overwhelming at worst. Victims’ complaints are sometimes subject to delay, and there are times when officers are uncertain whether specific activities are criminal or not. The law has developed incrementally as technology advances, and there is an urgent need to codify and clarify the current situation. Consolidation will save police time and money. It will avoid duplication of officers on cases. Swifter action on victims’ complaints will reduce distress and anxiety.

As regards new clause 4, surveillance and monitoring highlights further issues against which there is currently no redress. The identification of these actions as offences will enable the police to counter activities that are evidently related to surveillance with intention to cause distress, and the law should respond appropriately.

New clause 5 addresses the need for training that is fit for purpose. Even in large police areas, fewer than 5% of officers and staff, including call and first response personnel, are trained in cyber-crime. Victims report being advised to go offline and not to use social media by officers. This defies modern communication media. It is equivalent to telling victims of harassment not to venture outside their own homes. The Home Office believes that training is a matter for individual forces, but in the absence of strong central leadership, this can only perpetuate present inconsistencies and variations from force to force. National training would help to raise the status of victims.

Finally, I turn to new clause 44, which calls for the establishment of a specialist digital unit to investigate online offences against children and young people. As I mentioned earlier, there is a real risk intrinsic in dependency on central units, although I acknowledge the work done by the Child Exploitation and Online Protection Centre. But, once again, children’s charities report to us that the scale of abuse of children online in terms of offenders, devices and images is leaving police swamped. There are delays in forensic analysis of devices—delays in some cases of up to 12 months. These delays pose risks to the safeguarding of children.

In Committee, the Minister mentioned the child abuse image database, and praised the accuracy of imagery interpretation and how it aids identification. It is of course to be commended that this database will take some of the load from individual forces. I would argue, none the less, that there is precedent for digital units on a similar model to domestic violence units as a means to ensure that all forces direct proper resources to this serious issue.

[Mrs Maria Miller (Basingstoke) (Con)]

I commend the hon. Lady for tabling these amendments. Importantly, she talked about the idea of a specialist digital unit within each police force. Does she agree that, if that were to happen, it would be imperative that this would feed back to some central database to ensure the work that was done in each of those individual units had read-across across the country?

[Liz Saville Roberts]

Of course, what we need is the expertise of a central unit alongside the work on the ground that individual forces can do, and to ensure that we avoid the risk that the presence of a central unit results in a tendency to treat certain crimes as another agency’s problem. There is also—this is important at individual force-level—a need for specialist approaches to support child victims and their families.

Those are the amendments that I have chosen to discuss, and I reiterate that they are probing amendments, but in closing I repeat my intention to press a Division on new clause 2.

[Mrs Miller]

I rise to speak particularly on new clauses 3, 5, 44, 46 and 47, and note the advisement of the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) that her amendments are set out as probing amendments. Those five amendments tabled by both Liberal Democrat Members and Plaid Cymru Members all have a common theme: to call for reform in connection with the internet and the digital online world.

We all need to get our Government and Governments around the world to wake up to the extent to which crime and criminal activity has now moved online. Our laws are not giving victims the protection they need and our police forces face a revolution if they are to tackle the crime that they face now effectively in the future.

There has been a significant shift in the way people experience harm in this world. New clause 44, as the hon. Lady has set out, calls for the police to have special digital units to deal particularly with child abuse images. Many police forces in this country, including my own in Hampshire, have gone a long way to building up this sort of specialist expertise, but the new clause is an interesting piece of advice on which I will be interested to hear the Minister’s response, as well as the response on police training.

There are serious questions to ask as to whether the providers of online space are doing what they need to do to keep their communities safe. They have not only a corporate social responsibility to do that, but I also think an economic imperative, because it is their brand names that are tarnished, and rightly so, when their products are used for illegal purposes.

Another aspect is not particularly brought up in the amendments today, but I will mention it: the importance of the international implications of all these things. If we are to get a solution to the sorts of crimes that are being committed online in this new digital world that does not respect country boundaries, we need to have some buy-in from international Governments, too. I myself have met companies in the US, but we need to go further than that and see whether we can actually get the sort of action that we need on an international basis by perhaps looking to the United Nations, or indeed the youth part of the UN, to explore how we can get more effective laws in the future that are not constricted by international boundaries.

Our law is struggling to cope. These amendments recognise that. The real need to recognise that online crime is different is a battle that was won when this Government put in place the revenge pornography law a year or so ago. We have already seen 1,000 reports to the police and thousands more people using the revenge pornography helpline, yet two-thirds of those cases that have been reported to the police have seen no action because of problems of the evidence that victims have been able to give or indeed because the victims have withdrawn it. Again, the new clauses are picking up those issues and calling on the Government to consider again. New clause 46 calls for anonymity of victims. That was considered at the time the law was put in place, but the advice then was to wait to see how things progressed. The statistics suggest that now is a time to think again, as new clause 41, which also deals with compensation, also seeks to do.

The myriad amendments before us today show the level of complexity involved and the level of concern among hon. Members from at least three parties represented in the Chamber tonight—I am sure Labour Front Benchers would share in this, too—but I worry that they offer a piecemeal set of solutions. The hon. Member for Dwyfor Meirionnydd picked up on that. Surely what is needed is a wholesale review of the law, police training and the development of international support for digital providers to take seriously the importance of keeping their communities safe online. I support the spirit of these amendments, but I am struck by the need for a more comprehensive review, perhaps in the form of the digital economy Bill, which Her Gracious Majesty announced in the Gracious Speech only last month.

--- Later in debate ---

[Karen Bradley]

My right hon. Friend will understand that conviction is not just about the offence in legislation or the precedent in case law; it is about the evidence that can be gathered and presenting that evidence to a jury. I am not in any way saying that we are perfect in this regard, and we could have many debates about how best to get convictions. As I said earlier, I would very much like to meet her, together with my noble Friend Baroness Shields, who has responsibility for the digital Bill in the Department for Culture, Media and Sport, because I want to make sure that we are covering these issues and that we make it as easy as possible for the courts to get convictions. I do not accept that the answer is simply to create a whole new suite of offences that may confuse the law enforcement agencies and prosecutors. I want to discuss this with her and others to make sure we address these points.

New clause 44—I realise that I am darting about, but I am doing my best to get through my speech—is about a specialist digital unit. Again, we discussed this in Committee. The way operational policing decisions are taken is a matter for chief officers; it is not something on which the Home Office should legislate to say that every force should operate in such a way. That is down to chief officers locally and, of course, police and crime commissioners. [Interruption.] I am now coming to the new clauses tabled by the hon. Member for Rotherham.

I want to take new clause 6 and all the points about child protection together. We have had many debates about the issue of vulnerable young people and children, how best we can protect them and how to stop their going missing. I pay tribute to the hon. Member for Stockport (Ann Coffey), who, as her Front-Bench colleague said, has been such a pioneer in this area. When she talks, I know that she is talking common sense. The hon. Member for Rotherham and other Members will know that I am determined to tackle this issue, but I think we need to do it in the right way. That is why I have convened the round table in a couple of weeks’ time to look at the overall issue of child abduction warning notices. I am not convinced that a warning notice from the police in relation to a child abduction offence is necessarily the right way to make sure we protect such vulnerable young people. I want to consider all issues relating to child abduction warning notices—I think the hon. Member for Stockport has been invited to the round table, but if not, I now extend an invitation to her—and to look at everything we are doing in this area and at ensuring we have the right tools in the armoury for the law enforcement agencies, because it is so important that the police are able to use those tools and to protect young people with the right tools for those young people.

I am extremely conscious of the time and that I need to leave a moment before 9 o’clock, so I will now sit down. I hope that right hon. and hon. Members will agree the Government new clauses and amendments, and that they will not press their own.

[Liz Saville Roberts]

Just to close the debate, I must first ask why, given that we have had devolution in Wales for 17 years, Wales is being treated differently in terms of policing from the other nations of the United Kingdom and, indeed, from the English cities? Secondly, the policing needs of Wales are different. Our experience of centralising and sharing specialised services, such as the police helicopter, has shown that such services are drawn inevitably eastwards and away from the rural areas where we most need them. Finally, I would strongly argue that the absence of consensus is now a historical issue. There is consensus in Wales for Wales policing—for policing to be devolved to Wales. There was consensus on Silk, then not on “Powers for a Purpose”, but there is consensus in the Welsh Assembly and among all four police and crime commissioners.

Question put, That the clause be read a Second time.

Court Closures

Liz Saville Roberts Excerpts

Thursday 24th March 2016 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I congratulate the hon. Member for Dulwich and West Norwood (Helen Hayes) on securing the debate and echo the comments of many colleagues today, especially those made by the hon. Member for Ynys Môn (Albert Owen). This is a particularly significant issue for Wales and for my constituents in what is a largely rural constituency. I want to put on record that I am the co-chair of the justice unions and family courts parliamentary group.

Wales is witnessing a gradual yet steep decline in access to justice. Fifteen courts were closed across Wales during the 2010 to 2015 Parliament, and since the 2015 election a further 14 have either closed or are under discussion today. The closure of Dolgellau magistrates court in my constituency, for example, means that cases will need to be transferred to Caernarfon or Aberystwyth. The issue of inadequate public transport in Wales is well documented, but Members will understand that a journey from Dolgellau to Caernarfon or out of county to Aberystwyth is not simply a matter of waiting for the next bus to turn up. Of course, who would not be concerned at the prospect of defendants and witnesses travelling to court together on the same bus, possibly for a matter of hours? For my constituents in Dwyfor Meirionnydd and many people across Wales, it would become impossible to reach any magistrates court for a 9.30 am start. Closures will also have a severe impact on staff, who face either redundancy or significantly longer journeys to work. Consideration must be given in these circumstances to staff who have caring responsibilities, or to those who are disabled, for whom continued employment could well become untenable.

The Government defend themselves by claiming that courts are underused, but I have been told by credible sources that court cases are being moved to skew the figures and justify closing some courts. If the justification is not the lack of demand, it is the need to save money, which will effectively result in the cost of providing justice being passed from the state on to the individual engaging with the justice system, whether as an offender, a witness or a victim.

In fact, such a transfer of burden is a long-running strategy for the UK Government. Most notable and, arguably, most controversial are the restrictions on legal aid. When Sir Hartley Shawcross opened the Second Reading debate on the Legal Aid and Advice Bill in December 1948, he said that it would

“open the doors of the courts freely to all persons who may wish to avail themselves of British justice without regard to the question of their wealth or ability to pay.”—[Official Report, 15 December 1948; Vol. 459, c. 1221.]

Legal aid was meant to put an end to legal rights being luxuries beyond the reach of ordinary citizens. The UK Government’s restrictions roll back those important steps towards social justice. The new restrictions pass on the cost of justice from the state to the individual and, unfortunately, that means that many people simply cannot afford to access justice, whether their court is within geographical reach or not.

The closure of courts in rural Wales will also have a profound impact on a person’s ability to conduct their business through the medium of Welsh. The consequence of court closures and the reduced availability of legal aid, including the reduction in legal aid contracts awarded to local solicitors, will continue the trend of small independent legal firms becoming unviable and subsequently being forced to relocate or close down altogether. In strong Welsh-speaking parts of Wales, that will make it impossible for residents to access legal services, obtain advice or legal counsel, or conduct their business in the language of their choice—which, I remind the House, is their right.

The Welsh language should be an essential consideration in deciding whether to close courts and I am pleased that the Government belatedly agreed to carry out their duty of completing a Welsh language impact assessment. However, Welsh speakers should not be forced to mount campaigns to ensure that these assessments, which the Government are legally required to carry out, are completed. I regret that it took so long for the Government to do that in this case, although I am glad that it has been done.

Returning to the issue of court access in rural areas, I have a background in teaching through video conferencing. I used to be the director in charge of teaching through video at Grwp Llandrillo Menai and we talked to a number of secondary schools throughout Wales. I have a particular interest, therefore, in efforts to increase access to justice through the use of technology, particularly video technology. Given the swathes of court closures and the particular problems they will cause in rural parts of Wales, allowing hearings to take place remotely might well be welcome.

Technology has great potential if its strengths and weaknesses are properly considered. I note, however, the eight conditions set out by Lord Leveson’s review of efficiency in criminal proceedings in January 2015. He considered those conditions to be prerequisites for remote hearings. The first seems obvious, but is in fact crucial: the equipment used and the audio and visual quality should be of a high standard. Given that the connectivity infrastructure in my constituency, along with that in vast swathes of rural Wales, is even poorer than the transport infrastructure, will the Minister outline what consideration is to be given to the quality and reliability of that infrastructure in those areas where courts are to be closed?

I hope especially that proper attention is given to Lord Leveson’s recommendation that a committee of criminal justice professionals be charged with identifying best practice for hearings conducted via video link, not only to maintain the gravitas of the court environment but, more importantly, to ensure that justice outcomes via communications technology are consistent with those in a conventional face-to-face environment. That is very important; one would be very concerned if the use of different means of communication produced inconsistency of results.

I recognise that there are general and serious concerns around the use of alternative buildings to ensure that access to justice is maintained, even if we may on occasion be able to use video technology. There are particular concerns about the Lord Chief Justice’s suggestion that pubs and hotels could be used; proper consideration must be given to the nature of the issues being discussed and resolved. I am of the view that when concerns about suitability can be tackled, and if certain criteria can be met, the use of alternative public buildings should certainly be considered before the closure and removal of courts to distant locations. In the case of Dolgellau, the Meirionnydd council chamber would require little adaptation, and offers such facilities as parking and translation equipment. It is also nearer the police station, whose cells are used for court purposes when necessary, than the present grade II-listed court building. I strongly urge the Minister to consider that alternative as a physical court location, rather than leave my constituency, which covers 843 square miles and includes eight sizeable towns, with no court facilities whatever.

I remind the Minister that since 2010 the UK Government have already closed 15 courts across Wales, and a further 14 courts are now to close their doors. I urge the Minister to listen to what is said today, and to reconsider the proposal to close these further courts, especially if we can find alternative sites in those areas where public transport militates against defendants, witnesses and victims’ travelling elsewhere with any sort of ease. I would strongly urge that alternative arrangements are made.

I will close by quoting Jeremy Bentham, who in 1795 said:

“The statesman who contributes to put justice out of reach…is an accessory after the fact to every crime”.

--- Later in debate ---

[Mr Vara]

What I can say is that the 10 has now been reduced to nine, and there are offers in place for some of the remaining courts. Others have had genuine difficulties because of joint occupation with other parties. We hope to transfer the remaining courts to the Homes and Communities Agency, which is dealt with by the Department for Communities and Local Government.

The hon. Member for Wakefield (Mary Creagh) spoke about her personal experience. I was sorry, as I am sure were other colleagues, to hear about the assault that had taken place on her. I very much take on board the points she makes about domestic violence. I emphasise that we are improving the system by which witnesses and victims give evidence. At the moment, they have to go to court and go through a terrifying experience. With a video conferencing facility, they can go to a place that is closer to their home and in much more pleasant surroundings, rather than the awesome and austere environment of a court.

I am grateful to my hon. Friend the Member for Hazel Grove (William Wragg) for his comments confirming that this has been a genuine consultation. The hon. Member for Ynys Môn (Albert Owen) made a very powerful speech, raising an important point about digital infrastructure. I take on board what he says. We will certainly be making sure that the infrastructure is in place to support the court reform programme.

My hon. Friend the Member for Torbay (Kevin Foster) spoke about low-level offences, such as TV licence offences. He sought assurances that perhaps they could be dealt with in courts that are closer to the area. Our thinking is that such low-level offences can probably be dealt with online where people plead guilty, which is the majority of cases.

The hon. Member for Dwyfor Meirionnydd gave a very powerful speech, raising concerns about access to justice. I assure her that we are very mindful of rural areas and want to make sure we get this right. My constituency has a rural element to it, so I know where she is coming from.

[Liz Saville Roberts]

The Minister mentioned alternative arrangements for eight courts. Can he provide more detail on that?

[Mr Vara]

The hon. Lady will forgive me if I do not provide detail on the provisions for eight separate courts at the Dispatch Box now, as time is pressing. I am happy to write to her later in more detail and I will certainly do that.

The hon. Member for Hartlepool (Mr Wright), a very good friend of mine, made a passionate speech. He wanted an assurance that justice would not become more stressful. As I said in relation to the comments made by the hon. Member for Wakefield, we hope the experience will be a lot better for people. We hope they will not have to travel as far and that modern technology will assist them in giving evidence in a closer and more convenient location.

The hon. Member for Halifax (Holly Lynch) made a heartfelt speech, in which she referred to technology. I assure her we will deal with the £700 million in a very careful way and make sure we get it right.

The hon. Member for Bermondsey and Old Southwark (Neil Coyle) raised concerns, in particular in relation to his local court. He has been passionate in defending his local court, but the consultation received only three responses about it from his local community. I give him credit for wanting to keep the court open, but the fact that there were three responses speaks for itself. I am pleased that the hon. Member for North Durham (Mr Jones) welcomed the need for reform, and I take on board what he said, but we will have to agree to disagree, as I said.

In conclusion, I thank all hon. Members, particularly the two who secured this debate. This is a major undertaking by the MOJ, and we will do our best to ensure we have a fit-for-purpose justice system. Mr Deputy Speaker, I wish you, hon. Members, the Clerks and, most importantly, all the people who ensure that this place continues to operate, especially the security services, a happy Easter.

Policing and Crime Bill (Third sitting)

Liz Saville Roberts Excerpts

Tuesday 22nd March 2016 Public Bill Committees

[Mike Penning]

Nothing would happen if we were not doing this. I thank the hon. Gentleman for his kind comments. We are starting to drive this. An inter-ministerial group on that specific issue was formed during the last Government. It still sits and it will push on with this. I do not think that the amendment is necessarily the right vehicle, but I agree that we must push it forward. Otherwise, the health and social services will be knocking at the door, saying, “We’ve got nowhere else to go,” as we often hear.

I used to experience that when I was in the fire service, and it still goes on. I have been stationed with the police when it has happened. It is usually at 4 o’clock on a Friday afternoon. Social services phone up saying, “We haven’t seen Mary or Johnny. Would you go round and check on them over the weekend?” The answer must be “No, that is your legal responsibility, not ours.” I know that that is a development of what we were talking about, but it is exactly what goes on: “Would you go in and open up for them?”. It is a difficult area, but one that we must touch on.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

All the areas in which we are talking about collaborating with police forces are devolved in Wales. I suggest that somewhere along the line, thought needs to be given to how such collaboration will work in that unique situation.

[Mike Penning]

We have discussed that with all the devolved Administrations. This proposal refers to the concordat within England, because obviously that is devolved, but I do not think that any devolved Administration would not want to do what we are discussing. They might have a different mechanism for implementing it, but nobody wants somebody with a mental illness episode to be treated any differently from someone with a broken leg or other physical injury; hopefully we have moved on from that. That is what we are trying to do.

The shadow Minister has made a point on a couple of occasions about co-responding. This is not just about rural communities—thank goodness London is now doing co-responding through a pilot. I served in areas that were quite rural areas and in areas, like the M25, that could not be described as rural—it is more like a giant car park at most times. For one reason or another, the other emergency services often did not arrive for some time.

We want to save lives. That is part and parcel of what the emergency services do. Co-responding is critical to that, as is moving on, in training terms, way beyond some of the things that we have discussed today. For instance, in Hampshire, the service was desperate to get the necessary qualifications to give fluids by IV. We know from Afghanistan and Iraq that that saves lives.

I understand the theme, but I do not agree with the amendments, because I think that they are unnecessary. Sadly, yet again, I will oppose them.

Policing and Crime Bill (First sitting)

Liz Saville Roberts Excerpts

Tuesday 15th March 2016 Public Bill Committees

[The Chair]

Before you answer that, there are two further questions on this area. I will take those and then, once we have responses, we can move on to another theme.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Q I have a very specific question, given that this part of the Bill applies only to England, and policing in Wales is not a devolved matter. Are there any implications for Wales and are there any cross-border implications of this proposal for collaboration?

[Craig Whittaker (Calder Valley) (Con)]

Q It pains me a little to hear words such as “there is no evidence” of collaboration work. I think it was mentioned “as we are approaching it at present”. We have seen examples from fire and ambulance services around the country, where they use first responders incredibly well, and it increases the level of service at little extra cost. Is this not about a culture and an ethos? In fact, is it not empire building and something that you guys need to sort out, rather than our having to legislate for?

International Women’s Day 2016

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Tuesday 8th March 2016 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I speak today as my party’s first female MP and the first woman to represent to Dwyfor Meirionnydd—and proudly so. I am a member of a party that elected its first female leader, Leanne Wood, four years ago almost to the day. I thank the hon. Member for Eastleigh (Mims Davies) for securing this debate, and hon. Members for all the extraordinary speeches we have heard so far—I am very much enjoying them.

[Patrick Grady (Glasgow North) (SNP)]

The hon. Lady notes that her party is now led by a woman. As has probably been said, the devolved Administrations in Scotland and Northern Ireland are led by women. Will she accept the hopes of SNP Members that that will also be true of Wales come the elections in May?

[Liz Saville Roberts]

I do, of course, agree with the hon. Gentleman very sincerely.

I speak as a Member of an institution that is still heavily male-dominated, in a profession that is still male-dominated. As others have said, although men are still in a minority in the Chamber today, it is easy to see why women might feel excluded from politics. A woman watching recent debates about increasing the state pension age for women would have seen a Chamber dominated by men arguing that women did not need to be given more notice that they would need to work longer before retirement, and that that somehow did not count as discrimination.

It is with this awareness that I firmly support means to propel us towards a fairer society and a fairer economy. We still live in a society where the important workplaces—the boardrooms, the debating chambers, the engineering consoles and the fighter jets—are dominated by men. It is in those places that are considered insignificant to society—the nurseries and the nursing homes—where we find that poorly paid women make up the great majority of the workforce doing the things that do not really matter, such as looking after their fellow human beings. Surely the time has come for us as a society to adjust our values. Why is it that those spheres of activities that are traditionally women’s work are so undervalued? Why should maintaining machinery and playing tricks with money have such high status, and thus be better paid, than caring for people in their old age?

While girls have traditionally been directed towards certain careers, equally boys have grown up thinking that caring for their fellow human beings is not for them. In activities such as politics, taking risks is valued and respected, but girls are still conditioned to tread carefully and live carefully—not causing offence, not drawing attention to their intelligence and not being adversarial. To describe a man as ambitious is complimentary, but to describe a woman as ambitious implies criticism. That is why we must lead by example.

The National Assembly for Wales became in 2003 the first gender-balanced national legislature in the world, helped in part by positive discrimination towards women. Plaid Cymru leader Leanne Wood became a Member of the National Assembly in 2003 under Plaid Cymru’s positive discrimination policy for regional list nomination. At my party’s spring conference this weekend, four years after she was made leader, Leanne was introduced to the stage by 17-year-old Lucie Wiltshire, who got involved in politics after meeting Leanne.

I think that we would all agree that no young person should ever be prevented from reaching their goals because of their gender. What is equally important, however, is how society enables girls to imagine their goals. As a former teacher, I urge us to encourage others —girls and women—to take risks, to be fearless and to embrace ambition. As always, we are limited only by our imaginations.

Police Funding Formula

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Tuesday 1st March 2016 Commons Chamber

[Keith Vaz]

The hon. Gentleman is right, and he made that point when we took evidence from various chief constables and police and crime commissioners. It is vital to have proper accountability during this process, and I will come on to what the Committee agreed should be the best way forward.

The Home Affairs Committee made a number of recommendations on factors that must be included in the new funding review. We must recognise that although policing has changed fundamentally over the past 10 years, funding has never adjusted to it. PCCs from Leicestershire, Sir Clive Loader, from Hampshire, Simon Hayes, from South Wales, Alun Michael, and from West Yorkshire, Mark Burns-Williamson, are among those who have identified the growing level of non-crime demand on police time. Almost all police forces can point to a range of modern demands on police time, including terrorism, cybercrime, modern slavery and child exploitation. The Committee also considered it inexplicable that diversity is not one of the categories and criteria in the funding formula.

Chief Constable Simon Cole, the national lead on Prevent, highlights factors such as required language skills, translation services and the resources required in emerging communities. In Leicester, we could have the happy added burden of European football next season, subject to the outcome of the match at 7.45 pm today and the 10 other remaining matches. It is quite clear that the additional demands on policing in Leicester will be profound.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Does the right hon. Gentleman agree that Wales has specific policing needs? He mentioned diversity and language, but language explicitly springs to mind. The growing powers for the Welsh Assembly call out for policing to be devolved. That is particularly pertinent because Secretary of State for Wales committed yesterday, I believe, to a thorough overhaul of the draft Wales Bill.

[Keith Vaz]

The hon. Lady is right. That is the point the Committee makes in our report. Different areas have different demands. Policing has changed. It is not as it was 20 years ago or even 10 years ago. Therefore, the police must say what they are doing now, and the Government must say what they want to fund. Of course, the situation in Wales requires special attention.

The indicators proposed by the Home Office in determining funding—there are only four—fail to take into account many of the points raised in the report, and thus miss 70% to 80% of police demand that is not linked to volume crime. The Home Office needs to make absolutely clear what tasks 21st-century policing is expected to take on, and then decide how much it is prepared to fund.

It is of course important that police forces work in a collaborative way. Indeed, the Government are working in a collaborative way. When the Minister came before the House in November to tell us that the police funding formula review was being suspended, he was not then the Minister with responsibility for the fire services. The Government have decided to look across the Government and ensure that they collaborate properly. If they can do so, so can local police forces. If that happens, it must be part of the funding review formula.

One key Committee recommendation was the appointment of an independent panel to assist the Home Office in formulating the revised proposals. That is not because we do not trust Home Office officials to add up. We need a robust and defensible way of looking at the formula and it needs to be independent. Therefore, the Committee went to the trouble of suggesting the kinds of organisations that should sit on the panel: the Chartered Institute of Public Finance and Accountancy, the College of Policing, the Institute for Fiscal Studies and the Royal Statistical Society. You will notice, Madam Deputy Speaker, an emphasis on those who can add and therefore crunch statistics. There is an ongoing project between the London School of Economics and Her Majesty’s inspectorate of constabulary to provide a sound academic basis for identifying the underlying demands on police time. Let us use the expertise of our academic institutions. Such work, when led by the independent panel, could make the Minister’s job even easier.

Prisons and Probation

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Wednesday 27th January 2016 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The prison system is a source of much frustration for many people involved in justice in Wales, and I welcome this opportunity to raise a number of specific issues. Despite recommendations from the police, unions and independent commissions, as well as from a cross-section of politicians, this remains a reserved matter for the UK Government, and the consequences for Wales are clear. In spite of the excellent work done by many justice officers, our prisons are neither located nor designed with the needs of Welsh citizens in mind. We still do not have a women’s prison in Wales—

[Jenny Chapman]

We don’t want one.

[Liz Saville Roberts]

I will return to that.

There is nowhere in Wales for women prisoners to go. Young offenders from the north must also be housed in England, as there is no facility in the north of Wales. What we do have is a plan from the UK Government to build a so-called super-prison in the north, but it is not being built to serve the needs of Wales. It is a priority for an England-centred justice system—a monolithic pack-them-in-and-pile-them-high type of prison to house offenders from all over the north-west of England. There will be around 700 prisoners from Wales, but double that number will be transported in. Its raison d’être is to meet the needs of north-west England, not those of north Wales. This is about overcrowding in English prisons. The prison happens to be in Wales as a matter of convenience, rather than being for Wales as a matter of strategic design.

This is not just nation-building from Plaid Cymru. This is about ensuring that young people can be housed in their own country, and that women do not have to cross the border into England, far away from the stability of their families and loved ones, as they will surely have to do if we do not have a women’s prison in our own country. Has there been a cold evaluation of the wider cost to Wales, especially to the Betsi Cadwaladr University Health Board, which will carry the cost of providing healthcare to 2,100 prisoners? If healthcare at HMP Cardiff costs £2.24 million, has any estimate been made of the Wrexham care costs, as that prison is set to house two and a half times more prisoners? How much additional money will be made available to the health board by the UK Government via the Welsh Government? What are the wider costs of housing released prisoners, especially those deemed vulnerable and thus with priority housing status, and what indeed of the additional policing costs?

[Ian C. Lucas (Wrexham) (Lab)]

I represent the constituency in which Wrexham prison is being built. Does the hon. Lady not welcome the fact that there will be a prison in north Wales for the first time? I am as conscious as she is of the pressure on resources. I know that it is vital, and I will hold the Minister’s feet to the fire on the matter of resources for health and for other services for my constituents.

[Liz Saville Roberts]

I welcome the presence of a prison, but the size of this prison is over and above the needs of Wales, and it will bring with it many social problems as well as the costs that I have outlined.

We know that the demand for prison places in the north of Wales is around 700, not more than 2,000. If we are to have a new prison, it would surely make more sense to have a conventional prison that responds to the needs of north Wales, with places for 700 prisoners and separate wings for women and young offenders.

Provision for women who commit crimes in Wales needs to be overhauled to become fit for the 21st century. I support the campaign of the former MP for Swansea East, Siân James, to seek restorative methods that recognise that women’s criminal behaviour has often different motivations to that of men. Too often these women are the victims of the toxic trio of domestic abuse, mental health problems and substance misuse. Female criminals need different solutions to break the patterns of criminal behaviour.

Society needs not just a roll-call of ever-increasing prisoner numbers, but results. We need a justice system that reforms criminals, not one that merely holds them in captivity and out of sight.

The probation system in Wales is facing extreme pressure at present. The probation service was underfunded and did not have the resources that it needed, and yet it showed itself to be far more effective than short-term prison sentences in rehabilitating offenders. The service has met almost all the targets it has been set in recent years and was even awarded a British quality gold award for excellence, and yet, even though it was not broken, we have seen the changes that it has suffered. It did not need fixing. There was no need for privatisation. It was an ideological choice by the Tories, who have scant interest in results, value for money or public safety. Their interest lies in lining private sector pockets.

We firmly believe that the Welsh Government are in the best place to make decisions for the justice system in Wales. Plaid Cymru is not alone in calling for the devolution of justice. There has been an almost unanimous call from legal experts, who have been giving evidence to the Welsh Affairs Committee during the pre-legislative procedures of the draft Wales Bill, that a distinct legal jurisdiction in Wales should be established, which would, in turn, pave the way for the devolution of justice, including policing, prisons and probation.

I reiterate that Plaid Cymru opposes entirely the building of a super-prison but, in the interests of improving access to justice in Wales, if it is to go ahead, the recommendations and the adaptations that have been suggested, particularly to provide separate wings for women and young people, must be considered.

State Pension Age (Women)

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Thursday 7th January 2016 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I congratulate my hon. Friend the Member for Paisley and Renfrewshire South (Mhairi Black) on bringing this important issue to the House today and thank her for articulating this inequality so passionately. I am glad that Women Against State Pension Inequality is holding us to account, in spite of the problems I understand it has had in reaching some MPs.

This is a concern for millions of people across the UK, one that continues to gain momentum as the impact on women’s lives looms larger. It is important to stress that Plaid Cymru supports the principle of equalising the state pension age. I note that Lloyd George, who brought in the original state pension, represented part of my constituency.

There is no reason why a woman should be expected to retire earlier than a man. Originally, it was put in place to reflect the age at which husbands retired and the discrepancy between the ages of husbands and their wives. That is not appropriate in an age of modern equality.

I speak today in opposition not to the purpose of equalisation but to the process. The accelerated timetable simply does not give women sufficient time to prepare for retirement.

I want to concentrate on the situation in Wales. The Government claim to be making the changes in response to an increase in life expectancy, but both life experience and life expectancy vary significantly depending on which part of the UK we look at. Unfortunately, this means that Wales will be hit particularly hard by the changes. For example, a new-born baby could expect to live to the age of 87 in parts of England, but just 76 in parts of Wales. At 71.4% of the UK average, income per head in Wales is the lowest in all the UK nations and regions. The average gross salary for a Welshman is £25,200, but a woman in Wales earns on average just £20,500—a fact that this Government and the Welsh Government should be ashamed of.

I reiterate that Plaid Cymru welcomes the equal treatment of women with regard to the state pension age, but this also requires the equal treatment of women in other spheres, such as the workplace, earnings and life opportunities. The UK Government are keen to push ahead with the former as a way to cut social protection budgets, but they are doing precious little fully to secure the latter. I urge the Government to phase in the equalisation of the state pension age over a longer timeframe to give women nearing retirement adequate time to prepare. The current timeframe is too fast and will cause undue hardship. These women cannot go back and live their lives again, and they deserve better treatment from the Government. I urge them to rethink. In a case of such fundamental inequality, and given that these people vote, none of us can afford not to consider this matter in detail and to end this inequality.