Serious Disturbance at HM Prison Birmingham

Debate between Lord Beith and Lord Beecham

Monday 19th December 2016 Lords Chamber

[Lord Beecham (Lab)]

My Lords, another week, another crisis for our underfunded, understaffed Prison Service, this time of a magnitude unmatched since the Strangeways riots 26 years ago. They prompted the seminal Woolf report. Last week I suggested that we needed another Woolf Report and I repeat the suggestion today. Thankfully, we still have the noble and learned Lord, Lord Woolf, among us, although I am unsure whether he would be willing to undertake the task, especially if there is to be no commitment by the Government to implement any recommendations which might emerge.

As matters stand, we have an unprecedented level of violence, self-harm and drug abuse, and several riots or near-riots occurring in what should be and must be quintessential places of safety. We are told that the Secretary of State was warned two months ago of the risk of a riot at Birmingham. Was she, and if so what action if any was taken to forestall trouble? For that matter what is the Government’s response to the charge of Nick Hardwick, the former Chief Inspector of Prisons and now chair of the Parole Board, that:

“Successive ministers cannot say they weren’t warned about this”,

adding that he had been sounding warnings for several years?

Birmingham, a once renowned establishment, has been made a dangerous laughing-stock by the vacuous ineptitude of G4S, fully illustrated by the removal of a third of the prison population back to a state-controlled establishment away from the indiscipline and naive ideology of G4S and its hopelessly over-promoted and inexperienced management structures. These are not my words, but those of Michael Kelly, a retired senior manager who worked at Birmingham for nearly 30 years.

Last week I commended the Secretary of State for her presentation of a White Paper on prison reform, but voiced regret over her stubborn failure to acknowledge that at the heart of the problem lies the fact that we have far too many people in prison and too many of those are jailed for too long. We need to reduce our prison numbers—the fourth highest, in proportion of population, in Europe. This should include reviewing the length of sentences.

Several Members, across the House, have tried to pursue this issue. My noble friend Lady Smith, for example, tabled two Written Questions on 22 November, respectively on drug use and violence, and on the ratio of staff to prisoners. She should have had an answer by 7 December. She has not. There are seven other MoJ Questions beyond their reply date. Nor can the adequacy of any reply be taken for granted. I asked about the number of prisoners on remand and how many of them ultimately did not receive custodial sentences, only to be told that the information was not available and would be too expensive to collect. There remains, of course, the oft-challenged failure of the Government to deal with the vexed question of IPP prisoners held long after the tariff for their sentence has been exceeded. Both these groups contribute to the overcrowding which places such enormous pressure on prisoners.

There is widespread scepticism about the Government’s plan to recruit extra staff. Some 2,500 are promised, but this would still leave the workforce down 4,500 from what it was just a few years ago. In addition, it is estimated that some 5,000 more will have to be recruited to replace officers retiring or securing jobs outside the service—numbers which may well be enhanced by recent events.

Pay for the men and women willing to work in this challenging environment clearly needs to be reviewed. New starters can expect to earn all of £20,544 and qualified officers £21,166. G4S, I understand, recruits on a weekly basis from the jobcentre. In these circumstances, the Secretary of State’s call for officers to be recruited might be compared to the captain of the “Titanic” telegraphing the ship’s owners for additional crew members after the iceberg has struck.

We need to reduce prison numbers. This means looking at sentencing policy with a view to reducing the length of sentences, and investing in well-run probation services—where there are also signs of growing pressures—and health, especially mental health, services. We need the Secretary of State and the Ministry of Justice to exercise greater oversight of the system, listen to the advice of the Chief Inspector of Prisons and the Parole Board and cease to rely so heavily on providers such G4S, with a reputation as providers of everything and masters of next to nothing.

[Lord Beith (LD)]

My Lords, in thanking the noble and learned Lord for repeating the Statement I ask him to recognise that, but for the skill, courage and day-to-day resourcefulness of prison officers and governors across the prison system, there would have been even more serious and violent incidents than have occurred. The prison system is holding far more prisoners than it is resourced to manage. As a result, rehabilitation programmes are disrupted or not in place at all. To make matters worse, when there are riots those prisoners who want to do their time peaceably, take the courses and train for a job are prevented from doing so and therefore more likely to reoffend when released.

I put two questions to the noble and learned Lord. First, will he say whether G4S had fallen short of its contracted staff numbers at Birmingham? Then, on the wider question, when will Ministers accept and cease to deny that there are offenders in prisons who could be better dealt with by tough community sentences? Unless we use the expensive resources required for prison places more sensibly, as most other European countries do, and unless we address sentence inflation we will build up even more potential for future violence in prisons. Getting the numbers down is not a quick solution to the immediate crisis, but if Ministers do not begin to deal with it now the problems in our prisons and outcomes on release will just get worse.

Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016

Debate between Lord Beith and Lord Beecham

Tuesday 25th October 2016 Lords Chamber

[Lord Beecham (Lab)]

My Lords, I begin my response to the noble and learned Lord’s address by doing something quite unprecedented in my brief parliamentary lifetime. I offer twofold congratulations to the Government, first on winning a case in the Court of Appeal when they had been challenged and, secondly on their very constructive response to the situation by making adjustments to the system which had been subject to challenge in the way that the noble and learned Lord has described. It is a sensitive and sensible move and I congratulate the Government on it. I suspect that the hand of the Minister was very much involved in achieving that result.

In the course of the short debate in the House of Commons, the Solicitor-General remarked on the question of reviewing LASPO, as the noble and learned Lord did when I asked a Question this afternoon. The Solicitor-General, Sir Oliver Heald, confirmed what the noble and learned Lord said this afternoon: there is to be a review, given that we are now four and a half years after Royal Assent, but he was not tempted to announce its date today. The noble and learned Lord indicated earlier that he is not in a position to do that either at this stage. Nevertheless, it would elicit further compliments from the Opposition Front Bench if we had an indication, as soon as is reasonably feasible, of the date of commencement of such a review. It would do so even more if the Minister could indicate that the review will look as sympathetically as it has on this issue on others affecting access to justice, such as the difficult areas to contend with if you are not represented —debt, welfare, housing and family law—and equally on the impact of the Act and its restrictions to legal aid on the operation of the Courts and Tribunal Service, given the significant increase in the number of litigants in person.

I do not expect the noble and learned Lord to comment on that tonight, because I guess he is not in a position to do so, but I hope he will use his influence on his colleagues in the department to ensure that these things are taken into account when the review is launched and conducted.

[Lord Beith (LD)]

My Lords, I hesitated to rise before the noble Lord, Lord Beecham, because I was sure he would have found there was something wrong with this instrument that I had not managed to discover. I am quite touched to find that he agrees with it as much as I do. It is a small but welcome improvement in the legal aid situation which has caused many people a great deal of anxiety. Although I fully recognise that legal aid resources are not—and cannot be— unlimited, their application was not always to the public good. There were many situations in which one party had the benefit of legal aid and the other party could not really afford the costs of privately financing the case. So the position is more complex than it sometimes appears.

The effect of this instrument, as I understand it from the Government’s memorandum, is that about 70 cases a year will attract legal aid which would not otherwise have done so, and about £250,000 has been found from somewhere to ensure that this can be financed. That is welcome news, and it opens up the possibility that there will occasionally be a case which is of real public value—because ultimately it will affect cases brought by other people—or is of fundamental importance to an individual, which would not have got legal aid and would not have been proceeded with, but which will now be satisfactorily dealt with by the courts system. That has to be an improvement, so I welcome the instrument. I also, of course, welcome the review—to which the noble Lord, Lord Beecham, referred, and which the House of Commons Justice Committee, which I then chaired, was particularly keen to see—of a piece of legislation that had such far-reaching effects on access to justice.

Legal Services Act 2007 (Claims Management Complaints) (Fees) (Amendment) Regulations 2016

Debate between Lord Beith and Lord Beecham

Monday 18th January 2016 Grand Committee

[Lord Beecham (Lab)]

My Lords, the Government are right to take action in this matter, and I certainly endorse the new arrangements that have been laid out, but it has a rather curious history. Looking at paragraph 4.2 of the Explanatory Note, I can see that it was some seven years after the passage of the 2007 Act before steps were taken to deal with this issue. The paragraph contains this rather curious sentence:

“This provision treats the designated Claims Management Regulator as an approved regulator to be levied in the same way as other approved regulators for the costs of the Legal Ombudsman”.

It goes on to say:

“However, there is currently no designated Claims Management Regulator and the function is fulfilled by the Secretary of State”.

One might have thought that he had more important things to do. Obviously, Mr Gove and his predecessor will not have been involved in this personally, but it is a curious situation that for some years there apparently was no functioning regulator in post.

The position appears to be, as the Minister has indicated, that a £500,000 shortfall has occurred in a very short period. I do not know whether he is able to indicate how many cases there were. He said that there were not many, but £500,000 is a reasonably large amount of money. It will be interesting to know how many cases there were and how many of those were from small companies, which appear to be leaving the market. But the very fact that after all these years there are clear deficiencies in how some of those providing this service are operating raises questions about the degree to which their activities are regulated in advance of the unfortunate outcome, which sometimes leads them to be subject to charges for maladministration or their conduct. Does the review to which the Minister referred encompass looking at the qualitative regulation of the industry? Should there not be a floor above which the resources of these companies should be fixed? If not, we will continue to have a situation in which, quite apart from the financial implications for the Government, people who have consulted these companies presumably are being short-changed. One wonders what has happened to valid claims that have gone astray as a result of maladministration. That side of it does not seem to be touched on at all in relation to this order, but it may be encompassed within the review. I certainly hope that that is the case, but if it is not, perhaps the Minister could undertake to look into the nature and quality of the supervision that ought to be exercised and, if necessary, what improvements should be made to what has gone on recently.

[Lord Beith (LD)]

My Lords, I very much agree with the noble Lord, Lord Beecham, about the rather curious nature of the regulatory arrangements for claims management companies. The Lord Chancellor left himself holding the baby when the original legislation was taken through. I never thought that this arrangement would last as long as it has. It is quite right that it should be subject to review. It is obviously right that the costs of dealing with what the noble Lord called the maladministration in the industry is visited upon the industry and not the taxpayer. Therefore, I support the order and the principle behind it.

The history of claims management companies has been one of things that go beyond individual complaints. There have been systemic changes to the way the legal system operates and attempts to turn it into an ambulance-chasing activity. We all have some worries about whether, in another area, the necessary referral fee bands have actually brought some of the claims management activities in-house, into some solicitors’ practices, where once they were precluded. This is a very difficult area and the regulatory problems that it generates are not just individual cases being badly dealt with but systemic weaknesses. I hope that when we dispatch this order successfully as an appropriate means of dealing with the costs arising from individual claims, we will not neglect some of the wider issues that this industry has generated.