Domestic Abuse Bill

Madeleine Moon Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Carolyn Harris]

I will talk about housing later in my speech, as it is an issue that is very important to the Labour party.

This is our golden opportunity as parliamentarians to transform the domestic abuse agenda in this country. We have a duty to survivors, victims and their dependants —and to generations to come—to get this right.

[Mrs Madeleine Moon (Bridgend) (Lab)]

I thank my hon. Friend for the amazing work that she has been doing in this field; she is one of our champions for victims of domestic abuse.

One of the things that has always been missing is the relationships education so that young people understand that abusive relationships often do not start with the first slap or the first thump. They can start with criticism, undermining and isolation—with perpetrators moving people away from their support network, and causing them to lack belief in themselves and believe that they have created the violence that is inflicted on them. Do we not need to tackle that problem, as well as addressing the issue when it gets to the point at which people report the crime?

[Carolyn Harris]

I could not agree more. This is something that we all see every day when we talk to people who have experienced or witnessed domestic violence. In many cases, it is learned behaviour and we really need to look at that.

As it stands, although there are some welcome and vital changes in the Bill, it is too narrow. There are many areas that are crying out for wider scope. I hope that this can and will be addressed and incorporated through amendments in Committee.

--- Later in debate ---

[Mrs Theresa May (Maidenhead) (Con)]

I am grateful for the opportunity to speak in this debate. I am pleased that my first speech on my return to the Back Benches should be on this topic—a topic on which I have worked both in opposition and in government. It is an issue on which I am pleased to say that the Government of which I was a member, both as Home Secretary and Prime Minister, took forward action, building on work that had been taken by previous Governments—and crucially, of course, a topic that is of such importance and significance to our society. Domestic abuse blights lives; it can destroy lives, and not just the life of the immediate victim but of the children and other family members as well.

I believe that this is a landmark piece of legislation. I am very pleased that we have seen, I think, more than 40 Members of this House wishing to speak in this debate. That shows the degree of seriousness with which the issue is taken by Members across this House. That view is shared across all parties in this House. It is good to hear of the co-operation and collaboration that there has been, and I am sure will continue to be, to make sure that we get this legislation right. But of course passing the legislation is only one step. This is about changing the attitude that people take to domestic abuse. The challenge for Members of this House, the challenge for the Government and the challenge for us all is to make sure that the whole of society takes this issue as seriously as those who wish to contribute to this debate today are taking it.

As I say, I think this is a landmark piece of legislation. This Bill has been described by Government—and, indeed, by charities and others involved in working with the victims of domestic abuse—as a once-in-a-generation opportunity to make sure that we make a step change in the approach we take to supporting victims and to dealing with domestic abuse. I would like to thank my right hon. Friend the Member for Basingstoke (Mrs Miller) for the work that she and all the members of her Committee did in pre-legislative scrutiny. They did that assiduously, with great care and with great commitment. That was a very important part of the process of making sure that we get this legislation right. I would also like to thank the charities and organisations that contributed to that and have continued to push us all on this issue to make sure that we are doing more for the victims and survivors of domestic abuse.

I thank my right hon. and learned Friend the Lord Chancellor and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), who have championed this issue and continue to do so, and have worked so hard to ensure that this legislation comes forward and will be carried forward. It is imperative that this Bill is not lost and that we are able to see it go on to the statute book, because it will affect people’s lives—it will improve people’s lives.

The Lord Chancellor himself referred to the figure of 2 million adults experiencing domestic abuse in the last year for which there are figures. Two thirds of those, of course, were women. Domestic abuse accounts for a third of violent crime and, as we heard earlier, it is estimated to cost our society £66 billion a year. This is not something that simply takes place behind closed doors and that others can ignore; it is something that affects us all. It affects our economy, it affects our society, and it affects our young people as they are growing up. We have heard various comments about experiences that people have had. Reference was made from the Opposition Benches to the issue of young people and their understanding of relationships. I remember as Home Secretary initiating a campaign of advertisements about what a good relationship was. The saddest thing was reading some of the comments that young people, particularly young women, made when they had seen those adverts in cinemas and elsewhere: comments like, “I didn’t know it was wrong for him to hit me.” This is the sadness in our society of so many people who do not know what a good relationship is, who suffer from their bad relationship, and who suffer in silence—too many, as we have heard, suffer in silence for many years before any action is taken.

[Mrs Moon]

I thank the right hon. Lady—I am awfully sorry, but I am still tempted to refer to her as the Prime Minister.

When I worked in child protection, I worked with a young mother in a second marriage. She said to me: “We all expect to be hit by our husbands, don’t we? It’s just this one is so violent.” That was absolutely shocking, but not half as shocking as when we were later in court, where we were taking wardship proceedings to protect the children. The husband informed the court that I was lying—there was nothing wrong with their family or their relationship, and I was just prejudiced. The judge asked him: “Are you saying that you have never struck your wife?” After a pause, he said: “Obviously I’ve given her the odd backhander to keep her in line, but no, I’ve never been violent.” That is what we have to combat and deal with, and that is part of what this debate and the Bill must tackle.

[Mrs May]

I absolutely agree with the hon. Lady. That is why I trust that we will pass this legislation. We will pass it in good shape, and it will make a difference, but it is only one step. It is about getting that recognition out there of what is right and what is wrong. It is very simple: it is not right to hit somebody in a relationship. But it is more than that, which I will come on to in a minute—conscious as I am of the number of Members who wish to speak, I will touch on a small number of issues very briefly.

The first issue is one that many people looking at this legislation might feel was insignificant, but it is hugely significant—the inclusion in statute of a definition of domestic abuse. Not that long ago, a number of Government Departments were working to different definitions of domestic violence and abuse. I recall that, as Home Secretary, I tried to ensure that we could at least try to get an agreement among Departments as to what a definition might be. Having it in statute is hugely important, as is having a definition that goes beyond what most people would answer if you asked them what domestic abuse or domestic violence was, which is physical violence, and recognises all the other types of abuse that take place.

It is chilling to sit and hear a woman who has been controlled by her other half for a period of time—often for years—say how it happened slowly, and that it was difficult to recognise when it started. Little by little, however, that control was exercised until that individual’s rights as an individual human being were taken away from them. That is what we are talking about when we talk about domestic abuse, so getting that definition right are incredibly important. As the Lord Chancellor said, I hope that others will use the definition in the Bill. It is referred to as the underpinning of this Bill, but I hope that others will use that definition and recognise it.

The second issue I will touch on was referred to earlier, and that is the courts. I am sure that every Member is aware of cases—indeed, the Lord Chancellor started his speech with a reference to his case 25 years ago—in which a victim of domestic abuse has not felt able to pursue, to give evidence and to go through the steps necessary to see the perpetrator brought to justice. Fear of what will happen in court often drives people, and there is also the fact that the perpetrator might well use and manipulate them to ensure that they do not give evidence in court.

I remember when I was Home Secretary talking about one case in the west midlands. An independent domestic violence advocate was describing how a woman almost did not turn up at court, even though they had done a lot of work for her to turn up. The IDVA had gone to the home to see what the problem was, and it was very simple: the perpetrator had locked the woman in a cupboard, so that she physically could not get to court to give evidence. We have to recognise the problems that victims face.

Another issue, which has been referred to by the president of the family division of the High Court, is the question of cross-examination by perpetrators. That can be an extension—in some cases, deliberately so—of the abuse that the victim has suffered. Having the prohibition of that on the face of the Bill is incredibly important.

I want to touch on the issue of children. For far too long in this country, we thought that if a child was in the room next door when someone was being hit or coerced, that child would not be affected. Nothing could be further from the truth. I think the figure for children who have been in a home where there has been domestic abuse is that they are 50% more likely to endure such abuse in a relationship later in their lives. That is why I said earlier that domestic abuse does not just blight or destroy the life of the victim, but does so for those around the victim too.

This is important. I recognise the pros and cons when looking at the issue, but I do not want us to miss this opportunity to ensure that we properly look after the needs of children in a home where domestic violence is being experienced. I ask the Government to look very seriously at recommendations to do with children, to ensure that we do not pass a Bill into statute only for people to ask, six months down the line, “Why didn’t you?” It is imperative to look at that.

I will touch briefly on two other issues, one of which is the question of perpetrators. This is a hugely difficult topic to talk about. I am sure that we would all prefer not to have the necessity of talking about domestic abuse legislation, because we want to eradicate domestic abuse—we are very far from doing that—but, if we are to get to that point, we have to deal with perpetrators. We talk a lot about supporting victims, and that is absolutely right, but finding a way to ensure that people do not become perpetrators in the first place or, where they are perpetrators, that they cannot continue to perpetrate domestic abuse, is hugely important too. It is difficult. From talking to organisations that work with perpetrators, I know that finding the interventions that will have the best impact is hard.

Criminal Justice System: Veterans

Madeleine Moon Excerpts

Wednesday 12th September 2018 Westminster Hall

[Mrs Madeleine Moon (Bridgend) (Lab)]

I beg to move,

That this House has considered veterans in the criminal justice system.

It is good to be holding this debate under your chairmanship, Mr Hollobone. I thank you for the support I know you will give me throughout the debate. On several occasions, I have had the opportunity here in Westminster Hall to highlight the amazing, innovative work with offenders at Her Majesty’s prison Parc in my constituency. The Parc Supporting Families initiative has changed lives. It has brought a focus on being alcohol and drug free and on the impact on families, friends and communities. It has built relationships with families and taught prisoners parenting skills. It includes substance misuse programmes, prisoners reading with their children and making visits more family friendly, as well as building links between the schools of prisoners’ children and the prisoners, so that the children are largely protected from the impact of their parents’ sentences.

Many of the ideas successfully launched at Parc were picked up by the Farmer report and have been applied elsewhere. This new holistic approach to offending, which places increasing responsibility on the offender to address their behaviour while professional staff support and enable change, has had a radical impact on offending. Parc has built on that and in 2015 opened the first ever ex-military offenders unit, Endeavour. I visited just before the recess and promised the staff and prisoners I met that I would seek a Westminster Hall debate to emphasise the impact of the work they are doing on themselves and the wider community.

I commend the work of the staff at the unit. They go beyond just going in to do their job. It is their whole focus, knowing the change that they can bring across Wales. I also emphasise the eagerness I felt from the veterans and their willingness to tackle the issues that had led to their offences, and I pay tribute to the wide range of partner agencies involved. The work has had a huge impact on the lives and futures of the 270 men who have passed through the unit since it was opened. I urge the Minister or someone from the Ministry of Justice to visit and see the work, and the leadership that the unit has from Janet Wallsgrove, the director of Parc, and Corin Morgan-Armstrong, the inspirational head of family intervention, custody and community—does that not just say exactly what prisons should be about?

We have to recognise the task the staff, the volunteers and the inmates at Parc are trying to do. They are tackling years of failure—failure of families and of the state, particularly the education system and the way in which, in this country, we do not teach emotional and relationship education. They are tackling quite a high degree of failure from the Ministry of Defence to address not only the problems that military personnel bring with them into the military, but the negative experiences that they may have had while serving that leave them ill-equipped to deal with life back in the civilian world. Those problems are then left for the criminal justice system to deal with. Quite honestly, society has for far too long dealt with those problems by locking them and the people away.

[Susan Elan Jones (Clwyd South) (Lab)]

I am grateful to my hon. Friend and pay tribute to her considerable experience in this area. Does she not think this is part of a wider problem in terms of society supporting, or rather not supporting, our military veterans? That is why it is vital that there is a question on this subject in the next census.

[Mrs Moon]

It is absolutely vital that we know how many veterans we have and where they are, but many veterans do not want to self-identify. There is a question of shame and not wanting to be identified, so there would have to be some nuancing around that whole question.

We are failing people who have served their country and that cannot be acceptable to anyone. Let us be clear: not every service leaver is likely to end up in prison, in the same way that not every service leaver will end up with mental health problems—I am deeply concerned that that image is being allowed to grow. For many, the transition to civilian life, while challenging, is successful. The MOD has improved its programmes, although it still lacks anything more than a one-size-fits-all approach.

A recent report from the Forces in Mind Trust and King’s College London looked at data held by liaison and diversion services, and shows that we do not even really know how many offenders have served in the armed forces. I have seen figures for the last five years that vary from 2% to 9%. That has to change; we need better, more effective statistics, so that we know the problem we are dealing with.

Military life provides structure and comradeship, which many may have lacked in their lives before they joined the services. That comradeship and structure might not equip people with the education, skills and coping mechanisms that they need for transitioning into civilian life. Some may not have the emotional skills to cope with relationship issues or their change of status. Emotional issues had played a part in almost all of the cases of men that I spoke to, but all also talked of the trauma of going from hero to zero. One minute they are heroes, respected by family and community, and the next minute, they are nothing and nobody. For many of them, that trauma led in some part to their offending, which exacerbated the feeling of zero-ness, because they were totally rejected by family and community after offending.

Like many MPs, I have dealt with numerous cases of veterans who have hit hard times. In the majority of cases, it was not the veteran who approached me—it was their family and friends. Ex-service personnel are not good at asking for help. They are used to being problem solvers—indeed, that is what they are taught to be—but many also need training in seeking and accepting help. One of the men had been offered help and had turned it down because it was not exactly what he was looking for and he did not want to compromise. He made his life harder as a result.

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

The hon. Lady has mentioned HMP Parc and the excellent work done there. I have also visited the prison. Would it not be a proposal to have armed services support officers in every prison and every probation area?

--- Later in debate ---

[Mrs Moon]

Certainly, the military covenant has meant that individuals with an armed forces focus are spreading out across services. Among the prison service, there is definitely a wider acceptance and recognition of the need to look at ex-service personnel. That awareness is growing, but we do always need to do more.

We all know about post-traumatic stress disorder and mental health problems within the military and I do not intend to go through that again. We are seeing increasing numbers. We need to examine how many of those who are in our prison system and are exhibiting signs of mental health problems and post-traumatic stress have served, and where they have served. We need to do that research as we cannot work just on the basis of “we think”.

I appreciate that the Minister is having to respond to other Department’s failures, but that goes with the job. The Forces in Mind Trust has summed the situation up well:

“more efforts could be made upstream of the”

criminal justice system,

“for example during transition out of the military, when some of the risk factors for offending behaviour may be targeted. Interventions to improve employment, housing”—

a big issue, fundamentally important—

“mental health and alcohol and substance misuse outcomes could reduce the rates of offending following transition.”

Identifying veterans in prisons is not straightforward, as I said. Since January 2015, new arrivals in prison have been asked to self-identify themselves, but that relies on people being willing to do so, and not everyone is. The feeling of letting others down is significant, and they might not want that identification. Consequently, numbers vary. Before 2015, estimates of the number of veterans in prison varied between 3% and 9% of the prison population, as I said, but now we simply do not know. Will the Minister look again at how offenders who are ex-military are identified, and work with the Ministry of Defence to improve identification?

Identifying individuals is only valid, however, if we provide the right kind of help, so that veterans are not failed again. To quote the Forces in Mind Trust report again,

“veterans have a different profile of welfare, mental health, alcohol- and substance-misuse, and general health needs than general population offenders.”

We therefore have to produce a different form of response.

Parc prison provides a good place for such work to start. In the past 18 months, 207 veterans have been identified, 153 of whom served in the Army—but there are likely to be more—19 were ex-Navy, 18 were ex-Royal Air Force and 17 would not disclose their service. Those in the group are serving sentences for a wide range of different offences but, among them, a disproportionate number have been sentenced for sex offences, 89; violence offences, 35; and drugs, or drugs and violence, offences, 24.

The role of the unit for the ex-military, as for other programmes at Parc, is to prepare prisoners to rejoin society successfully. That is what prison should be about. Considerable thought went into establishing the unit: 160 Brigade visited Parc to discuss the idea beforehand, and General Nick Carter visited and talked to the people in the unit, including the prison officers who support it, and I cannot begin to tell the House the boost that that gave to ex-service personnel.

Great efforts have been made to build partnership links with organisations appropriate to work with ex-military. There is a steering group and it provides a comprehensive programme to address everything from employment to housing. There are too many organisations to mention—although I have a list for the Minister—but they include SSAFA; the Royal British Legion, as one might expect; SToMP, or Support Transition of Military Personnel; Care after Combat; and Emmaus.

The practical aspects of civilian life are not the only ones that need to be addressed. Emphasis needs to be put on tackling relationship issues, and prisoners’ personal lack of self-respect—low self-esteem was very apparent among the ex-military personnel I spoke to, with that sense of going from hero to zero. The partner organisations carry on the work started in the unit, providing vital continuity once a veteran is released. We cannot allow that transition from prison into the civilian world to fail, because if it does it is devastating for the ex-service personnel.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

My hon. Friend lists myriad organisations that do excellent work in support of our veterans, but availability is scattergun, and it is almost a postcode lottery for many parts of the UK. Does she agree that the unit at Parc offers a national benchmark, the basis for a national programme?

[Mrs Moon]

That is exactly why I secured the debate. Prisons other than Parc are doing such work, but I have to say—with a sense of pride—that Wales is doing the best work in the UK with offenders who are ex-military. We are leading the way. Parc is an exemplar that I hope the Minister will look at to see how we can roll it out across the UK.

Not every veteran at Parc is in the Endeavour unit— 39 ex-military sex offenders are in the vulnerable persons unit, and initially charities were reluctant to work with this group, but that has now changed, which I am pleased about—but its results are encouraging. In the unit, veterans look after each other. Interestingly, the old ethos of respect between prisoners and prison officers is back—it is like stepping back in time, say officers who served then—and there is a real sense of trust and looking out for each other. Individuals I spoke to during a visit said that they feel safe. Cells are left open, there are no thefts and there is a sense of working together to overcome problems. Comradeship is key to people feeling that they can keep working to confront some quite difficult things that have happened in their lives, and to deal with the tensions and fractures within their families.

Emmaus, for example, rehomed three ex-military offenders from the unit, with one of them gaining full-time employment as a store manager. Two veterans secured full-time employment following release from the unit, one of whom now even employs others.

All of the prisoners I spoke to were eager to re-enlist. All of them wanted to know something, and this was the big message that they wanted me to tell, although I appreciate that it is not the Minister’s responsibility: they wanted an opportunity to serve. They wanted to make good on their failures. Somehow we need to look at whether there is an opportunity, case by case, for individuals who have offended to re-enlist in the regulars or the reserves.

The MOD needs to work with the Minister to address when and where people served, and when and how they transitioned out. An awful lot of them seem to have been discharged from the military and so re-entered society with no support, so they moved into the criminal justice system, and wider society had to pick up the risks and the problems. A review of the military justice system needs to look at how we can make that process more effective.

Parc has a wraparound service, as is needed at the point of transition. Will the Minister look at what is being done at Parc? I also recommend that he looks at the excellent work at HMP Oakwood on peer-led veterans’ life skills and support training. In brief, therefore, the issues are employment and employability; housing and support; capacity to re-enlist; relationship education; transitional issues to be addressed before leaving the services; and moving from hero to zero, or self-worth and self-esteem. May we have research into whether there is any correlation between those who have suddenly moved into our criminal justice system and those who formed part of the sudden reduction in the size of our armed forces in 2010 and 2011? There are concerns that that might be part of the issue, as well as Iraq and Afghanistan. There also needs to be a greater effort to tackle sexual offences in the military, and domestic violence.

The military justice system of course has a responsibility, and I appreciate that I have given the Minister a lot to think about that is not within his brief, but if we as part of wider society do not tackle the problem, we will only see it grow and continue.

Mental Health in Prisons

Madeleine Moon Excerpts

Wednesday 10th January 2018 Westminster Hall

[Ms Rimmer]

I apologise.

The Government’s own prisons and probation information states:

“Prisoners get the same healthcare and treatment as anyone outside of prison.”

That is demonstrably not the case in our prisons at present. In reality it is clear that our prisoners are struggling with ever-increasing levels of poor mental health and are actively let down by the system. It is impossible to reach any conclusion other than that the Government’s failure to act adequately is exacerbating what is approaching a mental health emergency in our prisons.

The Joint Committee on Human Rights inquiry last year noted that the body of research in the last three decades has overwhelmingly found that the common feature of deaths in custody is a prisoner’s mental health. Figures published by the Ministry of Justice in November of last year confirm that it will have received a “real-terms cumulative decrease”—in other words, a savage cut—of 40% in funding. That is £3.7 billion in a decade by the end of 2019-20. Who is suffering most as budgets are cut to the bare bones? It is prison staff on the ground, working in unsafe conditions and at increased risk of attack; the prisoners in their care; and society as a whole. The cuts have led to dangerous situations in our prisons and have cost lives.

The Howard League report of 2016, “Preventing prison suicide,” damningly concluded that

“Staff shortages have increased the risk of suicide”

in our prisons. There was a cut of almost 7,000 frontline officers—austerity measures. Was there a risk assessment prior to the prison officer reduction of 7,000? I very much doubt it. I would like to see it, if there was one.

I welcome the Government’s pledge to recruit an additional 2,500 staff by the end of 2018. Unfortunately, only half of these have been recruited so far. I believe this promise will not be sufficient to tackle the issue at hand—the facts speak for themselves. There is a serious retention problem: loss of prison staff is outstripping recruitment at a quarter of prisons, often the most dangerous ones. It has been found that prisoners now miss an average of 15% of medical appointments, due to a lack of staff to escort them. The sheer lack of prison staff at present means that prisoners’ physical activity is greatly restricted as their safety outside cells cannot be guaranteed. Some 31% of prisoners at local prisons report spending at least 22 hours a day cooped up in their cells as a result of inadequate staffing and this surely must affect their mental health.

The Howard League reported last year that two children and young people a week call its advice line stating that they have problems accessing prison healthcare. I am advised of two shocking cases. One example was a child who was kept in isolation at a children’s prison for months awaiting transfer, despite prolific self-harm. He was kept in a bare cell with a transparent door for observation. He was judged by a psychiatrist as not medically fit to be segregated, but was kept in almost total isolation for several months before finally being transferred to hospital. Another child, a 15-year-old with attention deficit hyperactivity disorder, was not consistently given his medication. He was isolated and self-harming, even attempting suicide. It was only after the Howard League raised concerns on multiple occasions about his self-harm and severe needs that his pills were consistently given to him, and it was only when he made a suicide attempt that any action was taken to move him to a more suitable placement. I consider that an inhuman and barbaric way to treat two of our children. Suffer not little children: surely the fifth richest country in the developed world could and must care for such children better and work to rehabilitate them.

Prison psychiatrists overwhelmingly feel that service cuts have adversely affected their ability to provide care for prisoners, which is particularly concerning when there are such inadequacies in transferring acutely unwell prisoners out of these establishments. There are cases where the contractors employed by NHS England failed to carry out the services they were obliged to. In two cases, their costs were not recouped—how damning. These are people denied their care, and public funds gifted. The Government target of 14 days for eligible prisoners to be admitted to a secure hospital from prison was met only 34% of the time in 2016-17, 7% waited for more than 140 days, and one person waited for more than a year in misery. This is cruelty.

The staff are inadequately trained and only 40% receive refresher training. The importance of the screening process has not been sufficiently emphasised to staff. Staff do not always enter data on the “risk of suicide” and “risk of self-harm” of prisoners in their records of these screenings. How can needs be spotted if they are not identified and recorded? As my hon. Friend the Member for Stretford and Urmston mentioned earlier, this should take place at the police station. Even when the details are recorded, there simply are not enough prison officers to monitor this adequately.

Evidence received by the Public Accounts Committee bears testimony to the fact that the increase in suicide and self-harm in our prisons is in part due to the use of drugs. I acknowledge the work of Her Majesty’s Prisons and Probation Service—the number of drug seizures has increased rapidly with nearly 3,500 services in our prisons in 2016, following the legislation making spice illegal, and a new test has been introduced to detect psychoactive drugs with trained dogs to sniff out these substances.

The prison estate itself is also in a deplorable condition. Over a quarter of it was built before 1900 and the majority was not built with healthcare in mind. We have all seen the case of HMP Liverpool in recent weeks. Some of the estate there was in such bad condition—dirty, rat-infested and hazardous—that it could not be cleaned at all. The state of that prison was described as one of squalor, in 21st-century Britain. It is not right that we house prisoners in such horrendous conditions. Surely the mental health of anyone living in such unsanitary circumstances would suffer.

With the Government’s brutal cuts showing no sign of slowing down, and the need for staff still outstripping supply in many places, what will this mean for prisoners with mental ill health in the future? I fear there will be no substantial improvement for prisoners facing this plight any time soon. It is in everyone’s interest to improve this situation, not least because effectively treating prisoners with poor mental health is essential to reducing reoffending and ensuring that those who live with mental health problems can do so more cohesively in our society and communities.

We have a fine example of where decency works, and works well: HMP Askham Grange operates on this principle. It refers to prisoners as residents, and has built an atmosphere of respectful relationships. Its reoffending rate is 6%, while latest Ministry of Justice figures show a national average of a 29.6% reoffending rate within a year. There are six prisons with executive governors. Is there any improvement in mental health outcomes in these prisons? But a bigger question remains: should people with mental health conditions be in our prisons at all? Is it as simple as a psychiatrist making a judgment that someone is, as it is sometimes said, “bad, not mad,” and should therefore be incarcerated?

[Mrs Madeleine Moon (Bridgend) (Lab)]

Is it not also true that prisons have sometimes become dumping grounds for NHS failure, that sometimes in the NHS it is cheaper to let the person go to prison than to take responsibility for their treatment and that that is part of the problem we face?

[Ms Rimmer]

Sadly, I accept my hon. Friend’s point.

It is clear that when people who are already prisoners are acutely mentally unwell, they are being kept in situations that are doubtless of further detriment to them and brutalise them. Evidence obtained by the Joint Committee on Human Rights made clear that acutely mentally unwell people are too often

“inappropriately being sent to prison as a ‘place of safety’”,

and stated that there is an

“urgent need to resource and make better use of community alternatives to prison for offenders with mental health conditions, particularly those who are currently given short sentences”.

I hope that the Minister heeds the points I have made and I am sure that hon. Members will add to them, as the interventions have done. I ask him to commit to looking into the recommendations made by the Joint Committee on Human Rights and the Public Accounts Committee. We are at a crisis point in our prisoners’ mental health, and Government should not neglect their duty of care for those who are incarcerated in our prisons.

I welcome the steps taken by the Government to address the issue of spice in prisons, but that is just one component of the mental health emergency and does not tackle the root problems. The Ministry of Justice needs to review policy and commissioning, HMPPS to review the management and operation and NHS England to review the whole system of collating data on health, including mental health needs, and the provision of support. These citizens are owed parity of esteem, quality healthcare and the opportunity for the greatest possible mental health wellbeing both in and out of prison. I call on the Minister to address this as a matter of urgency. The Government have a legal obligation, a moral responsibility and a financial duty to treat these mentally ill people with respect, dignity and humanity.

--- Later in debate ---

[Mrs Madeleine Moon (Bridgend) (Lab)]

Thank you, Mr Howarth. It is a pleasure to serve under your chairmanship and to take part in this excellent debate, secured by my hon. Friend the Member for St Helens South and Whiston (Ms Rimmer).

We know what the problem is—people are coming into prison with mental health problems or, because of the circumstances they encounter in prison, they develop mental health problems, but we are still not being honest in how we tackle those problems. We put society at risk, including the prison officers within the prison system who have to deal with those people. They are behaving in an aggressive, difficult or dysfunctional way not because they are difficult individuals, but because their mental health problems are driving them to express their frustration, anger and psychosis in ways that are difficult to manage. Those same individuals then return to society posing a greater risk than they did when they entered prison. We know the problem—we have known it for a long time and yet we are still not dealing with it.

Recent Ministry of Justice statistics on self-harm among prisoners showed a record high of 41,103 incidents in the 12 months leading up to June 2017, which was a 12% increase on the previous year. This year, self-harm incidents have risen by 10,850, which is up a further 10%. We know that self-harm, which is often a manifestation of fear and frustration, is a major problem. It is also often a precursor to suicide.

We know what the problems are and we know who the experts are in this field. Professor Keith Hawton, the director of the Centre for Suicide Research at Oxford, has done a lot of work in this field. He has shown that both males and females often enter prison with psychiatric disorders, sometimes with multiple disorders, especially depression, anxiety, personality disorders and post-traumatic stress disorder. We know the problems but are not looking at the answers.

May I again draw the Minister’s attention to the excellent work being carried out at Parc Prison under the directorship of Janet Wallsgrove and by Corin Morgan-Armstrong in the Parc Supporting Families scheme? The scheme works very closely with prisoners to maintain their family links, which is such an important thing to do. It also deals with dysfunctionality within the family and relationships with children, so that we do not have the multigenerational problems of people carrying on almost as if there is a family history of prison.

We all know that there is a problem for people in accessing mental health support in prison, and accessing it when they leave. A young girl in my constituency has been in prison almost 30 times and she is not yet 30 years old. Her problems are mental health problems, but each time she has accessed mental health services, the people involved have given up and thought, “Let the prison establishment deal with her problems”. That is an absolutely criminal indictment of the support we give to vulnerable young people.

I will conclude, Mr Howarth, because I am very aware of the time constraints, by commending the work of the Samaritans and its listening scheme, which is such an important source of support for prisoners, allowing them to talk to someone in total confidentiality and to express their frustrations and distress, knowing that someone is listening. It is an important point of access for the person who is suffering from a mental health problem, but learning to listen is also an important skill for the prisoners who take part in the scheme.

We know we have a problem and we know how to deal with it. I appreciate that there are problems in wider society, such that we do not have enough people with the skills to deal with mental health issues, but if we do not tackle this problem in our prison system, it will get worse.

Finally, it is important to train prison officers, to have the right numbers of prison officers who have the right skills, and to recognise that prison officers are no longer just the containers of prisoners. Instead, they are part of the therapeutic environment that prisons must become if we are to tackle these problems.

Prison Reform and Safety

Madeleine Moon Excerpts

Thursday 7th December 2017 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

I beg to move,

That this House takes note of the Justice Committee’s Twelfth and Fourteenth Reports of Session 2016-17, on Prison reform and the Government Responses to them; notes with concern the continuing crisis in prisons in England and Wales, with an historically high prison population and unacceptably high levels of violence, drug availability and use, disturbances and self-harm and self-inflicted deaths in the adult and youth custodial estate; further notes the critical reports by HM Chief Inspector of Prisons on individual establishments and thematic issues; welcomes the Government’s intention to proceed with a programme of prison reform and to produce a prison safety and reform action plan as recommended by the Committee, and the publication of performance data on each prison from 26 October 2017; regrets the fact that the Government does not intend to bring forward legislation to establish a statutory purpose for prisons, enhance the powers of HM Chief Inspector of Prisons, and place the Prisons and Probation Ombudsman (PPO) and the UK’s National Preventive Mechanism on a statutory basis; further regrets the Government’s rejection of the Committee’s recommendation that it should report at six-monthly intervals on the impact of governor empowerment on complaints made to the PPO and Independent Monitoring Boards; and calls on the Government to ensure that information on prison performance and safety is published regularly, and with sufficient detail and timeliness to enable the effective scrutiny of the management of prisons by the Ministry of Justice and HM Prison and Probation Service.

Let me begin by thanking the Backbench Business Committee for giving us the opportunity to debate this very important topic. I thank the co-sponsor of the motion, the right hon. Member for Delyn (David Hanson), and other members of the Justice Committee from both sides of the House who have contributed to our work over the last two years or more, both in this Parliament and in the previous one. I thank the many organisations involved in prison reform and other prison issues that have assisted us with their advice and experience. I also thank officials in Her Majesty’s Prison and Probation Service, and many prison officers across the country, for their co-operation. They all deserve our thanks.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Will the hon. Gentleman give way?

[Robert Neill]

I will, but I hope that the hon. Lady will bear in mind that I should like to make a bit of progress.

[Mrs Moon]

Did the hon. Gentleman visit Parc prison during the Committee’s investigation? Its fantastic work with Invisible Walls Wales is making a huge difference to people’s attitudes to prison, as it shows that prison can change the lives of prisoners and their families, and prevent reoffending.

[Robert Neill]

We regularly visit a number of prisons. We are indeed aware of the very good work done at Parc, and we will continue our visits.

Let me explain why we tabled the motion and did so in these terms. We cannot avoid the reality that our prison system has reached a stage at which we have to use the phrase “a crisis”. I do not do so lightly. More than 30 years’ experience of practising criminal law and visiting prisons to advise prisoners, and subsequently, since coming to the House, working with the criminal justice sector, have led me inevitably to the conclusion that the system is under unprecedented strain.

I do not for one second doubt the good intentions of the Minister or his predecessors, the Secretary of State or his predecessors, or the management of Her Majesty’s Prison and Probation Service. I also acknowledge the good work that we see carried out by many individual members of that service as we travel around the country. However, the fact is that despite the extra money that has been invested in the system over the past year or so following one of our reports, and despite all that good work, all the indicators were going in the wrong direction at the time of our two reports—one on prison safety and one on governor empowerment and reform, which were produced in the 2015-16 and 2016-17 Sessions respectively—and they are still going in the wrong direction.

Prisons and Courts Bill

Madeleine Moon Excerpts

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Elizabeth Truss]

My hon. Friend is right. I represent a rural constituency, and I understand people’s concerns about having to travel far. Virtual hearings will enable people to do more online so that they do not need to travel to court, and to use virtual videos. That is already reducing travel needs throughout the country. If people want to observe a case in another part of the country, they will be able to go into their court to do so, with special permission. Victims and witnesses will have more access to the justice process.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Transferred online communications are wonderful if people have access to quality broadband, but communities in parts of my constituency have broadband that is as slow as 25% of capability. How on earth will people be able to gain access to justice when they cannot possibly do anything online because of appalling broadband?

[Elizabeth Truss]

We are doing a lot to improve broadband across the country. The online system is not mandatory; the paper process will be available. I have been looking recently at virtual hearings that are taking place across the country. In some areas, such as the south-west of England, there is very high take-up of these hearings, because being able to use broadband helps people in rural areas, who have long distances to travel to get to court.

--- Later in debate ---

[Richard Burgon]

Of course we have considered the White Paper but, as I said, we will be returning to these practical proposals in Committee as we attempt to improve the Bill.

Did Ministers consider that the resettlement of prisoners might be a worthy aim to set out in the Bill? Too many prisoners leave prison without a home to go to, and that is a barrier to many things, including getting a job. It hampers rehabilitation and increases—

[Mrs Moon]

Is my hon. Friend aware of the Emmaus project? It will offer a prisoner who is ready to take the step of moving away from drugs and offending and into work the chance to become a companion. People will prepare goods for sale in the Emmaus shop, and restore and repair other goods. Those people claim no benefits other than housing benefit, so there is no real cost for the state, but they are supported in changing their lives absolutely and getting back into work. Should we not encourage that?

[Richard Burgon]

Fantastic work such as that of the Emmaus project helps not only to turn around the lives of inmates, but to protect society, because the majority of people who go into our prisons will come out and live next door to us. The project helps to give people a stake in society and to reduce reoffending, and the Government can learn much from it. Leaving prison without a home to go to creates a barrier to many things, including getting a job, and that hampers people’s reintegration into society.

--- Later in debate ---

[Robert Neill]

My right hon. and learned Friend is absolutely right, and he moves me neatly on to the next thing I was going to say. That political will does sometimes require us to stand up against the writers of the lurid headlines and those who pose as the voices of public opinion but in fact seek to be manipulators of it, and to say the truth—that it is in everybody’s interest that we reduce reoffending because the more we do so, the fewer victims of crime there are, and that is in everybody’s interest. That is a good right-of-centre, as well as left-of-centre, case for undertaking prison reform, and we should make it across the House.

[Mrs Moon]

Does the hon. Gentleman agree that one of the ways in which we could dramatically cut reoffending would be to look at how many people are revolving-door entrants and leavers of prison, not because of criminal intent but because their mental health condition drives them to behave in a way that leads them, inevitably, into the arms of the police—the police are becoming social workers for the mentally ill—and into the criminal justice system rather than into our psychiatric hospitals, which are massively overcrowded and underfunded?

[Robert Neill]

The hon. Lady, who follows these issues closely, makes a very fair and reasonable point. That is a significant factor.

I practised as a criminal lawyer for the better part of 30 years. I both prosecuted and defended, so I have had no compunction about sending away people who have committed serious crimes. Equally, when I defended people and when I looked at some of those whom I prosecuted during that career, I saw some who were dangerous, unpleasant and, frankly, in some cases downright evil. They deserved to go to prison, and some of them deserved to go to prison for a very long time.

There were others who were weak and stupid, and some who were greedy. Sometimes—particularly for those who were greedy—that, too, deserved punishment, and prison was an apposite and appropriate punishment. There were also those who were weak or vulnerable, or who found themselves in situations where they were easily coerced. There were people who had made a series of errors in their lives, and others who suffered from physical or mental illnesses or from real social pressures around them.

We have to be much more discriminating and sophisticated in how we deal with defendants in our justice system. Prison does not always work. It works for some people, but not for everybody all the time, and we need to be brave enough to say that in political debate. As my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier), the former Solicitor General, rightly says, the public are much more alert to and realistic about that, and much more willing to buy that argument. We simply need to have the courage to make it.

--- Later in debate ---

[Mr Jonathan Djanogly (Huntingdon) (Con)]

I congratulate Justice Ministers on bringing forward this very competent Bill. I very much appreciated the helpful and informative briefings on, and technology demonstrations for, the proposed court reforms that were organised by my right hon. and learned Friend the Minister for Courts and Justice. In many aspects of prisons, court and litigation policy, the Bill moves the debate forward in a generally pragmatic and rational way. If I have any overall concerns, they relate not so much to the Bill’s general content, but to the need to give fuller context to some of its clauses. This I intend to do in relation to a few of its measures.

On whiplash, we need to keep in mind that the proposals in part 5 are a continuation of the policy held since 2010 to reduce a compensation culture that has had a detrimental impact on our society. In Justice questions on 7 March and again in this debate, the shadow Minister, the hon. Member for Leeds East (Richard Burgon), seemed to question the existence of a compensation culture. Frankly, I thought that we had positively proven that that was an issue at the time of our consideration of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, but it seems that the situation now needs to be re-explained. Before LASPO we noticed, as my hon. Friend the Member for North West Cambridgeshire (Mr Vara) pointed out, that although accidents had fallen by a quarter, claims had increased by a third. That unacceptable position led us to instigate a series of incremental measures with the aim of reversing that trend.

The key problem originated from the dynamic created by the no win, no fee provisions of Labour’s Access to Justice Act 1999, which had put in place an unreal marketplace. To cut a very long story short, due to the workings of Labour’s Act, the interest of the client in their advocate’s fees had become detached. That was because the client would never directly have to pay any of the fees, so it followed that they would not care what those fees were. The situation was stoked by claims farmers and aggressive cold callers. This was a further example of Labour supporting a something-for-nothing system, and that system put constant upward pressure on fees and thereby insurance premiums.

In LASPO, to counter that, we ended the recoverability of success fees and after-the-event insurance premiums from the losing defendant. We then moved on to ban referral fees, and to address spam texting and cold calling by claims handlers and their agents. We also toughened up the regulation of claims handlers. The overall impact of the changes was considered to have reduced insurance premiums by some 25%. However, it is vital to keep an overall picture of what is a complicated situation. For instance, the Association of British Insurers considers that some 1% of whiplash claims are fraudulent, meaning that criminal sanctions also play a part in dealing with this issue. The fraud figure used at the time of LASPO was over 5%, so I will be interested to hear from the Minister whether he believes that insurers and prosecutors have now got the message and upped their game by taking more fraudsters to court. However, I am not convinced that the problem of illegal cold calling has yet been resolved, and I would be interested to hear whether the Minister has any further proposals in this regard.

Another important aspect is the small claims limit for personal injury cases, which is frankly well out of date. To those who are complaining about the proposals, I would say that the fact that this measure is being taken up now, rather than when it was first considered in around 2012, shows how cautious the Government have been to take one step at a time. I fully support the Government’s proposal to increase the road traffic accident-related personal injury small claims limit to £5,000, which will encourage more thought before cases are taken. Will the Minister please confirm whether mediation will be a requirement for consideration, as it is for general small claims, or will the use of a tariff not require this?

I am surprised that the Government propose to increase the limit for all other personal injury claims from £1,000 to only £2,000, rather than £5,000. My understanding was that if only inflation were taken into account, the limit would increase to above £3,000. I appreciate that the change to the small claims limit is a matter for secondary legislation rather than the Bill, so I hope that the Government might reconsider this level. I recall putting up the general small claims limit from £5,000 to £10,000, and what was generally seen by lawyers at that time as something that would hurt their businesses has been very successful in practice.

The compensation culture tag is not one that I would attach to seriously injured accident survivors who need complicated legal help, but rather more to the mass of whiplash claims that involve an injury duration of less than two years and are currently waved through to settlement by insurers who do not want the cost or bother of dealing with each small claim. The average compensation for a six-month injury duration is £1,850. This is why I fully support the Bill’s proposal that the tariff should be based on injury duration, but if that proposal is not to be taken advantage of, a better system for organising medical reports is needed. At the moment, offers to settle can be made without medical reports, even though changes were made in 2014 to discourage that practice. From now on, there will be a ban on settling without medical evidence, which I certainly think is to be welcomed.

A related area that I understand is contributing to the increase in insurance premiums relates to the cost of so-called free hire cars for accident victims. Is the Department looking at that?

The overall insurance premium saving attributed by the Government to these proposals is £40 per year. However, I agree that that message has been somewhat diluted by insurers, who are saying that the proposed reduction of the discount rate applicable to personal injury lump sum compensation payments to minus 0.75% will result in a significant increase in premiums of up to £75. I appreciate that the law, not the Lord Chancellor, sets the discount rate, and I am pleased that the Government are consulting on an alternative framework, but one wonders why the consultation could not have been handled with the Bill. Having said that, it is certainly the case that, through this Bill, the Government are continuing the incremental fightback against the compensation culture, which I think is a very good thing.

[Mrs Moon]

I understand the hon. Gentleman’s points about the whiplash culture, but does he appreciate that the Bill does not cover the ability of rogue solicitors to pursue false claims against individuals who have not been involved in car accidents? Those solicitors claim that they have, and that people have been injured. An elderly couple in my constituency were harassed terribly, and although there was no evidence of injury, the solicitor pursued the claim. The court threw it out, but the Solicitors Regulation Authority would not look at the matter at all.

[Mr Djanogly]

I totally agree with the hon. Lady. Fraud is an important part of the overall situation, but the criminal side is not dealt with in the Bill. I asked the Minister earlier if he would address that issue. At the time of LASPO, it was considered that 5% to 7% of claims were fraudulent. The latest ABI information I have seen is 1% or perhaps less, which would suggest that there has been a dramatic improvement, but I will be interested to hear whether the Government accept that and what they are going to do about the 1%, if that figure is accurate.

The Bill also sets out a wide variety of proposals for case management and the operation of the courts, all of which will, taken together, make for a much more effective, modern and technology-friendly system. Of course, the fact that the Government propose to invest £1 billion in the courts will do much to ensure that they remain world class. There will be fewer courts, but a much better service—by 2022, I understand. I hope that some of the money will be used to simplify processes and facilitate non-lawyers’ ability to navigate the system. Will the Minister indicate where the Department has got to on using technology to assist litigants in person?

Technology was often disregarded in the past because people did not think that its use would deliver justice as effectively as turning up in person. I would suggest that that view is very out of date, particularly with respect to younger people. Indeed, we are moving to a situation in which most crime is likely to be carried out online, so I welcome proposals such as having automatic online convictions with statutory standard penalties for a few criminal offences. I hope that that will shortly be reviewed with the aim of extending the range of offences. Likewise, enabling claimants to recover money owed up to £25,000 entirely online will save time and will certainly help small businesses.

The extension of the use of virtual hearings is to be commended in terms of not only protecting the vulnerable from those accused of certain crimes, including rape, but making justice cheaper and more efficient. How much better will it be to have the police brought in online from their stations, rather than their hanging round the court waiting for cases with nothing else to do? Having said that, I appreciate that we will need good procedural rules so that trials are kept fair.

In some ways, the technology is still being developed. I spoke recently to a criminal district judge who said that he was all in favour of court cameras, except when they did not work, which was all too frequently for his liking. Apparently, private companies that deal with bridging link-ups act strictly to timetables that sometimes do not tie in with those of the courts. Will such practical issues now be ironed out? Of course, that will become even more relevant because the Bill proposes that criminal cases could be conducted virtually, whereby all court participants join the hearing through a live link. The proposal to balance tech developments with the ability for the public and media to view virtual courts online is a good safeguard and a modern re-assertion of the old principle that justice needs to be seen to be done.

I note the proposal to reorganise the magistracy and make it a unified judiciary. It is exactly right, and will provide an adaptability similar to that given when the county courts were unified. It will actually enhance the concept of the magistrate as a nationally qualified judge rather than as a person tied to a particular bench.

This is a worthy Bill. It will do much to move our justice system into modern ways of organisation and efficiency.

--- Later in debate ---

[Kate Green (Stretford and Urmston) (Lab)]

I, too, welcome much of the Bill. I am pleased to follow the hon. Member for North West Cambridgeshire (Mr Vara), and I particularly endorse his comments about judicial diversity. This is a far-reaching Bill, although we have to infer quite a lot of the detail from the White Paper, particularly in relation to prison reform. As others have said, the Bill is relatively thin on detail.

I welcome the establishment of a new statutory purpose for prisons, but I also hope that there will be opportunities to strengthen and extend it as we take the Bill through this House and the other place. The Prison Reform Trust has suggested that the statutory purpose should make exclusive reference to standards of fairness and decency. Given the problems in our prisons today, including the exceptional amount of time that prisoners are spending in cells and not engaged in purposeful activity, the disturbances that have put prisoner and staff safety at risk, and the appalling mental health of many of those in our prisons, I strongly endorse the need for a purpose that captures those elements of fairness and decency.

Like many hon. Members who have spoken today, I want to talk about the need for good mental healthcare in prisons. According to the Royal College of Psychiatrists, at least 3% to 4% of prisoners have a psychotic illness; 10% to 14% have a major depressive illness; and up to two thirds have a personality disorder. Many prisoners are so unwell that prison is utterly the wrong place to treat them. This has been starkly brought home to me when handling a constituency case over the past few months. That case has really shown that the system is not working to ensure that prisoners’ mental health is paramount. It involves a young man accused of very serious offences who has been on remand in Manchester prison since before Christmas. He is seriously psychotic, and prison is not the right place for him to have been sent to, yet still, four months on, no secure hospital bed has been found where he can be securely and appropriately cared for. I therefore strongly endorse the call by my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) for statutory time limits in the Bill for the length of time that someone who is so unwell can be kept in prison. We need to take that important measure to ensure that parity of esteem between mental health and physical health exists in our prisons as it does in the wider healthcare system.

We also know that women in custody have a high incidence of mental health problems. This year, we mark the 10th anniversary of Baroness Corston’s seminal report on women in custody, and this is a real opportunity for us to make a step change in the way in which we deal with women in the penal system. The Justice Secretary has said that she intends to bring forward a strategy in relation to women in the next few weeks, and I very much look forward to debating it with the Government. I hope that Ministers will take this opportunity, and not simply build more new women’s prisons that are far from home and too large to provide the right regime for their particular needs. Baroness Corston identified the need for small, local, secure units—not prisons—that specifically cater for the needs of women. This is a once-in-a-generation chance for Ministers to transform the nature of the women’s prison estate, and I really hope that they will not miss the opportunity.

I am also concerned that the Government seem intent on building new large male prisons, such as Berwyn, which I understand is to have a population of 2,000 prisoners. However, there is a lot of evidence of smaller prisons doing better, according to the Centre for Social Justice, the Prison Reform Trust—which found that prisons with fewer than 400 prisoners were more likely to perform well than those with more than 800—and the National Audit Office, whose 2013 report showed that the smaller prisons achieved better internal performance ratings. We do not know whether there is a difference in reoffending rates for small and larger prisons, and I would be grateful if anyone in the House enlightened me on that. If we do not have the information, however, I strongly urge Ministers to conduct a programme of research to help us to understand that.

My right hon. Friend the Member for Delyn (Mr Hanson) went into some detail about the importance of family contact, which incarceration a long way from home naturally makes more difficult. According to a 2008 study for the Ministry of Justice, family contact reduces recidivism by 39%, which is a substantial reduction. A joint report by Her Majesty’s inspectorate of prisons and the Youth Justice Board found that boys who suffered from emotional or mental health problems were less likely usually to have a visit at least once a week from family or friends than those without mental health problems, yet half of women and a quarter of men on remand receive no family visits. Concentrating prisoners in larger prisons, further from home and covering large geographical areas, is going to work against the family contact that can make such a difference.

[Mrs Moon]

I totally endorse everything that my hon. Friend says. She sets out the tragedy of the difficulties that women in prison face in maintaining family contact. Their children often end up in care or being farmed out to family members who cannot travel long distances. In particular, for Welsh women, children have to travel to England to see their mum in prison. This damages the family cohesion that is so vital to rehabilitation.

[Kate Green]

I completely agree with my hon. Friend. Women are usually the main carers of children, and the consequences of their being in custody can be devastating not only for the women but for the children, who ought to be our paramount consideration. I support the calls from the Prison Advice and Care Trust, among others, for a requirement on sentencers specifically to ask about the provision for the children of parents who are about to be given a custodial sentence, and particularly to know where they will spend that first night as their parent faces incarceration.

If we are serious about prison reform, we have to face the fact that our fundamental problem is sentencing policy. We incarcerate too many people who do not need to be there, which costs a great deal of money, and too many of them resume offending on release. I could not agree more with the Lord Chief Justice, who told the Justice Committee last November that the focus needs to be on rigorous, demanding and effective community penalties. However, that requires those penalties to be available and it requires sentencers to have knowledge of and confidence in them. This cuts to magistrates’ training budgets, the lack of full pre-sentence reports because of pressures on the National Probation Service, and problems with community rehabilitation companies.

I want to comment briefly on the Bill’s extensive court reform proposals, and in that regard I declare my interest as a life member of the Magistrates Association. While I recognise the opportunities that modern technology can offer to an efficient court system, I echo the concerns about how vulnerable users will fare in a virtual system. The virtual courts pilot of several years ago offers little reassurance and this Bill’s impact assessment frankly tells us nearly nothing. However, there are concerns, as highlighted by Transform Justice and others, about the lack of access to legal advice, the impact on lawyer-client relationships, the impact on sentencing—the virtual courts pilot suggested that there may be some inflationary impact—the fairness of the process, public perception, and the cost to the public purse, about which the impact assessment is quite vague. I share the concerns of the Magistrates Association and others about the use of online courts in relation to pleas, remand, sentencing and vulnerable young people. Significant numbers of prisoners have low levels of literacy and numeracy or suffer from learning disabilities and may struggle to present their case in the best possible light. They may agree to their case being dealt with in writing or online because it is quicker, it gets things over with, or because it is suggested to them by a police officer in a police station, but that does not necessarily serve the best interests of justice.

I understand the argument made by the hon. Member for Huntingdon (Mr Djanogly) about the loss of the local justice area being an opportunity for a unified magistracy and judiciary, but there are advantages to local justice. As the Justice Committee identified in its report on the magistracy last year, the loss of local justice must not mean losing the leadership and peer support that helps a bench to function collectively more effectively and efficiently. I hope that the Minister will be able to reassure us on that.

On the other proposed reforms to civil justice, I endorse the concerns expressed about the proposals on whiplash and the small claims route, and I regret that the Government have not taken the opportunity to be more assertive in their tackling of the aggressive marketing practices of some claims management companies. I also endorse the concerns of my right hon. Friend the Member for Delyn about the rise in the small claims limit and the impact that that may have. Workers in relatively low-paid employment with modest claims for accidents at work may find themselves unable to access the legal advice that enables them to make claims successfully. USDAW, a trade union of which I am a member, offers several examples of where relatively minor accidents that are significant to those in minimum wage jobs would not have secured compensation under the Government’s proposed changes due to the lack of access to legal help for workers to pursue their cases.

Finally, I am also concerned about one aspect of the proposal to move responsibility for employment tribunals to the Ministry of Justice. In doing so, I hope that we will not lose the real value that comes from having expert tribunals made up of representatives of both employers and trade unions, employees and the trained judiciary.

Like others, I welcome the Bill, much of which I look forward to seeing develop, but I hope that Ministers will take seriously the concerns that are being expressed and ensure that the justice system, of which this country is so proud, remains the best and most modern in the world as result of the reforms.

--- Later in debate ---

[Mrs Madeleine Moon (Bridgend) (Lab)]

I hope to bring great cheer to the right hon. and learned Member for Harborough (Sir Edward Garnier), because I am proud to say that one prison that has developed a world-class suite of rehabilitation interventions to reduce reoffending is Parc prison in my Bridgend constituency. Those interventions are largely thanks to the leadership of the prison’s director Janet Wallsgrove as well as Corin Morgan-Armstrong, the head of its family intervention unit and his team of staff and volunteers. Most importantly, the prison has clear partnerships with numerous local organisations within the community, which has led to rehabilitation work with families being not only possible but successful.

The Invisible Walls Wales programme was set up in 2012 and funded for four years by the Big Lottery Fund, Bridgend County Borough Council, Barnardo’s Wales, Gwalia housing and the Welsh Centre for Crime and Social Justice—money not from the Ministry of Justice but from organisations within Wales that are worried about reoffending.

The three core aims of Invisible Walls Wales meet all four of the aims of this Bill. Parc is a 62-bed family intervention unit aimed at reducing reoffending, reducing intergenerational offending and encouraging community cohesion. The funding has transformed family engagement at Parc prison. The environment of prison visits has been fundamentally revamped and, in a bold step, the prison’s visit hall feels more like a community centre than a prison.

Across the prison estate, 48% of prisoners receive regular family contact, but at Parc, thanks to a small change, the proportion has now risen to 69%. As we all know, evidence shows that people in prison who maintain links with their family are 52% less likely to reoffend. Some 90% of prisoners were misusing drugs and alcohol at the start of the Invisible Walls Wales programme, but that fell to 24% by the end of the project. There were particular benefits for the children of prisoners—by the end of the project there was a 30% reduction in the number of children assessed as having school attainment and attendance issues, and 91% of the children had appropriate peer relationships.

In June 2016, Her Majesty’s inspectorate of prisons declared that the children and families work at Parc was “innovative and radical” and “probably the best” it has seen in the UK. The work has been exported internationally to prisons in the Netherlands, Uganda and Australia. The President of Malta has visited to see what can be learned from Parc, the first prison in the EU to achieve an “Investors in Families” charter mark. This week, Parc’s head of family interventions, Corin Morgan-Armstrong, is to speak at the International Coalition for Children with Incarcerated Parents conference in New Zealand.

Parc represents a global hub of excellence, especially given that we are expecting evidence to show that the reoffending rate among 80 high-risk families is to reduce to about 10%. The results speak for themselves: before the changes, physical altercations in the visit halls were witnessed by family members and children once a week, whereas since the revamp Parc has had just one incident in the past six years. Facilitating positive family engagements becomes all the more important when, as we have discussed, six out of 10 boys with fathers in prison will end up incarcerated themselves. We need to place more emphasis on family engagement as a tool for reform. We have all said that, but Parc actually makes it possible.

I cannot tell Members how many ways Parc has changed lives. For example, Mark won the platinum award—the highest possible award—in the 2016 Koestler Trust prison art awards, which attract entries from prisoners from around the UK and abroad. Parc is among the top three establishments to have submitted the most entries to the trust, whose chief executive, Tim Robertson, said:

“HMP & YOI Parc’s outstanding record of success in the Koestler Awards is a testament to the excellent education staff and facilities at the prison: they turn prisoners’ latent potential into concrete positive achievement. It also reflects the fact that G4S, across all its establishments, takes the arts seriously as a means of learning and rehabilitation.”

Many Members will know of the Hay literary festival in Wales, but they may not know of “Hay in the Parc”, which takes place at the same time. This literary and arts festival encourages prisoners to write and to present their artworks, and sometimes the presenters at the Hay literary festival go to “Hay in the Parc” to talk to prisoners.

Schools now go into the prison to work with dads, helping with their reading and understanding of educational jargon, and with developing their listening and reading skills, so that they can engage in their children’s education. Schools are provided with the information they need to support children affected by parental imprisonment. Contact details are provided to schools so that if issues arise they can go to the prison to ask for information and advice. Prisoners are helped to improve their children’s literacy and numeracy, while also building their own literacy and numeracy skills. Building a parent’s confidence in parenting and teaching them how to do it while incarcerated really makes a difference in the life of that family and of that prisoner once they leave prison. The “Fathers Inside” scheme focuses on intensive group work on parental responsibility for a child’s education, development and wellbeing, using drama, fiction, games and written portfolios. A Duke of Edinburgh leadership pilot at the prison gives fathers the opportunity to gain a Duke of Edinburgh leadership qualification while mentoring their children or siblings through different sections of the bronze award. The prison also has a beaver scouts group, the first in the UK for prisoners and their children, while the “Baby Steps” programme provides innovative antenatal education to parents so that they know how to parent.

The prison has developed an introductory booklet that enables a robust risk assessment to be made, so that prisoners who may be violent are identified and measures can then be put in place immediately to reduce that violence. New arrivals are screened for discriminatory views, and prisoners found to have contravened the prison’s community inclusion policy are required to attend a diversity training programme, whereby set actions are fed into their sentence plan.

I talked earlier about the work of Emmaus with Parc, but this works only if Parc prison works in advance of a prisoner’s discharge to make sure that they are ready: ready for the change; ready for the responsibility; ready to move into work; ready to build a new life; and ready to change and move away from the old patterns, the old friendship group, the old offending and the behaviour that led to it, before moving towards becoming a “companion” in one of the Emmaus homes. I ask the Secretary of State also to work with the Department for Work and Pensions, because the new proposals on changes to access to housing benefit will damage the Emmaus scheme; the only income companions have is that housing benefit, and that makes it possible for Emmaus to continue its work.

I know that time is running short, but I must say that money is not everything; skilled and dedicated prison officers, partnership working outside the prison and maintaining the family link are vital to rehabilitation, but so, too, are taking risks and trying new, innovative ideas which do not fit the traditional view of punitive sentencing. It is not a soft option for someone to know that they will lose contact with their children if they take drugs; to have their child tell them about their bed-wetting and about the bullying they face because their father is in prison; or to have to face their own illiteracy and innumeracy, and the way in which their offending has damaged their community and family life. I hope that the Secretary of State will visit Parc to see the work that has been done there. I hope she will have the same kind of look on her face as the previous Justice Secretary did when he came to Parc and spoke to one of the prisoners about their educational experience there. This young man told him that he had dropped out of education because it was not for him and it was not going to take him anywhere, but Parc had given him a chance, not only to do his GCSEs, but to do a degree. He was asked, “In what?” He replied, “Philosophy.” If prison can take people through degrees in philosophy, that is the sort of rehabilitation and changes in people’s lives that I hope this Bill will be able to produce.

--- Later in debate ---

[Mrs Moon]

I thank the hon. Gentleman, whom I consider my friend, for giving way. I suggest that the Justice Committee does visit Parc prison, because the leadership from the director there is essential. These things work only with leadership, quality staff, a whole organisational approach and a commitment to change. I am sure the Chair of the Select Committee would be delighted at what he finds there. I must admit that my staff and I can take no responsibility for the wonderful work there; we can only support it.

[Richard Arkless]

I reciprocate the hon. Lady’s views on our friendship, for various reasons. I would of course be delighted if the Chair of the Select Committee agreed to visit Parc prison, and I would be even more delighted if the hon. Member for Shipley was with us so that I could take photographs of his ever-changing complexion as he saw the progressive benefits.

Domestic Violence Victims: Cross-Examination

Madeleine Moon Excerpts

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

The hon. Lady makes an important point, and the courts are clearly alive to this matter. We have to give some discretion, however, because family cases involve a wide range of factors. I think that the judges do a good job. I want to put on record that these are not easy cases and that our judges have to have an element of discretion. I would like to ensure that that remains the case, although I acknowledge that she makes a good point.

[Mrs Madeleine Moon (Bridgend) (Lab)]

A constituent who came to see me was extremely distressed because her husband was repeatedly taking her back to the family court over access issues. She was not only undergoing cross-examination but being driven into financial poverty through constantly having to fund her own defence. Will the Minister look at how the courts can deal with the vexatious, repeated requests relating to access that are behind a lot of coercive behaviour and at the financial poverty that families find themselves in as a result?

[Sir Oliver Heald]

The hon. Lady makes an important point, and I should like to pay tribute to the work that she does in this area. I am more than happy to raise that point in the Family Justice Board and to look at the matter, but it is not part of the important work that we are doing to deal urgently with the question of cross-examination. Her point bears on that work, but it is not the focus of what we are doing at the moment. We will, however, look into it.

Prison Officers Association: Protest Action

Madeleine Moon Excerpts

Tuesday 15th November 2016 Commons Chamber

[Elizabeth Truss]

I completely agree with my hon. Friend. We are giving prison governors power over their education budgets, so that they can ensure that the offenders in their institutions are getting the skills they need to secure a job on release. We are enabling them to work with local employers and also to co-commission health services, so that there is closer work towards getting prisoners off drugs, which is a major cause of reoffending.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Parc prison in Bridgend has an enviable record of successful work in cutting intergenerational reoffending, reducing reoffending and of family intervention, which makes a difference. Does the Secretary of State understand the importance not just of staff numbers, but of appropriately skilled and trained officers, and, once we get them, of retaining them, because her record to date does not show that she does?

[Elizabeth Truss]

I completely agree that retaining staff is vital, which is why we have given these additional freedoms to governors. We are also recruiting more staff to the frontline so that staff feel safer, which is a very important part of the job. By having more staff on the frontline, we will enable more time to be spent turning offenders’ lives around, which is why the prison officers to whom I speak wanted to go into the service in the first place. What is important is getting offenders into jobs and off drugs.

Domestic Abuse Victims in Family Law Courts

Madeleine Moon Excerpts

Thursday 15th September 2016 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

I would very much like to pay tribute to the hon. Member for Penistone and Stocksbridge (Angela Smith), whose powerful testimony really set the context of this debate. I thank the Backbench Business Committee for granting the debate, and Women’s Aid for its tireless work in championing the rights of domestic abuse victims.

The basis for this debate is the findings of the Women’s Aid report, which are very disturbing indeed. The Government and the judiciary have to listen and act. Every single recommendation in the report needs to be considered. Further child deaths, such as those in the tragic case that we have just heard about, have to be prevented. The courts need to challenge themselves on their attitudes, their culture, and their practices in all domestic violence cases. We have to be clear that priority should be given to tackling domestic abuse. I think that the Government feel that it is a priority—and they have not only spoken, but acted. Coercive control is now an offence under the Serious Crime Act 2015. It is important that, as is recommended in the report, all members of the family court, the judiciary and the Children and Family Court Advisory and Support Service have specialist training so that they understand the reality of what that new law means.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Does the right hon. Lady agree that sometimes family courts mistake fathers’ persistence over access, and their going through the courts time and again, for their taking an interest in their children, when it is intimidation and bullying of their former partner? Frighteningly, in my constituency, I have had a CAFCASS worker tell children who were afraid of their father and did not want to visit him that if they did not go, their mother would be in deep trouble, so they had to go and see him. That is shocking behaviour from any professional.

[Mrs Miller]

The hon. Lady makes a powerful point, and she is right to pick up on the complexities of coercive control. None of us should underestimate how difficult it will be for professionals truly to understand the complexities of this behaviour, but understand it they must if we are to make sure that the law is put into practice.

The House has thought long and hard about the other ways in which the Government have shown their commitment to tackling domestic violence. In particular, the Government have supported the Istanbul convention, which sets out a clear commitment to tackling domestic violence through legislation, training, and awareness-raising campaigns such as “This is abuse”. I applaud them for signing up to the convention, but when he responds, will the Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), clarify when the Istanbul convention will be ratified—not just by the UK, but by other countries, such as Germany, Norway and Ireland, which, although signatories, are not ratifying the treaty? That would be an important statement of the fact that combating violence against women and domestic violence needs to be on all Governments’ agendas. We need that ratification as a way of making sure that that message is sent out, both to members of the Council of Europe and to non-members.

To tackle domestic abuse, we need victims to feel confident in our legal system, and confident that reports made will be successfully taken forward to prosecution. Those who have been abused should feel safe in making those reports. That is why I want to make two points. The first is that the Government need to be clear, and perhaps reiterate in this debate, that they support legal aid remaining in place for victims of domestic abuse and child abuse. Perhaps the Minister can update us on the Government’s work in that area, and particularly around the domestic violence gateway, which requires victims to provide objective evidence of abuse to qualify for legal aid. Ministers have made their intentions clear, in terms of the support that should be there, but in practice, some women have found it difficult to get the prescribed forms of evidence that are required in order to access the gateway. The Ministry of Justice has a review of the domestic violence gateway under way. Perhaps the Minister can say a little bit more about where we are with that review, which was urgently needed.

The all-party parliamentary group on domestic violence, of which I am vice-chair and the hon. Member for Birmingham, Yardley (Jess Phillips) is chair, has looked at the impact of court proceedings on women and children. I draw the House’s attention to our recent report, which followed a number of parliamentary hearings in which we heard from expert witnesses and individuals with personal experience of the family court system. We heard in evidence that more victims—not just women but children—are now being cross-examined by perpetrators of abuse in family court proceedings. Women’s Aid estimates that one in four women are directly questioned by a perpetrator, and the same can happen to children.

Victims should be protected when giving evidence in court. Few Members in this place can be content to see alleged abusers cross-examine those affected by domestic violence. This has to be re-examined urgently. We need to put an end to survivors of domestic abuse being cross-examined by their alleged abusers in court.

My second point is on special measures, which have already been mentioned in an intervention. In our all-party parliamentary group hearings, we heard evidence about the traumatic impact on survivors of domestic abuse of coming face to face with the perpetrator in court, yet half of all women who experience domestic violence and use the family court system have no specific protection measures available to them when they attend court. As a result, more than one in three have been verbally or physically abused by their former partner in court buildings. I find those figures shocking, given the nature of the crimes and the situations that we are talking about.

I welcome today’s announcement by my right hon. Friend the Lord Chancellor of additional support for vulnerable witnesses. My understanding is that victims of domestic abuse are treated as vulnerable witnesses. I hope that the Under-Secretary will confirm that those very welcome announcements will cover those who have suffered domestic abuse and violence. Specifically, an increase has been announced in the number of locations where victims and witnesses can give evidence remotely. Even more welcome are the measures allowing the pre-recording of evidence from 2017. Those measures are a real step forward, but we need to make sure that they are available not just to some victims, but to all. I am sure that Members of the House would want those reassurances today, because we need all the family courts to give witnesses and victims the support that they need. Two other important special measures in family courts are the ability to give victims and witnesses separate waiting rooms, and their ability to leave the court by separate exits. That is particularly vital for women living in refuges.

It is clear that family courts are regularly not protecting women and children in the way that we all want them to, and the way that the Government want them to. We need an end to the cross-examination of survivors of domestic violence by their alleged abusers. We need assurances that special measures will routinely be available in family court proceedings.

--- Later in debate ---

[Jess Phillips]

I agree entirely with my hon. Friend. Actually, in this place, we have some reasons to be really proud of the efforts that have been made by successive Governments, year in, year out. The laws in this country are relatively good when it comes to domestic violence. Where we fail, time and again, is in how we implement those laws. We do not need to look much further than very many reports assessing how the police handle cases of domestic violence to see that we need to do more. Sometimes, in this place, we make up laws that open an enormous door into an empty room. That is a problem for victims.

I want to say something to the victims who may be watching this. Lots of them have been in touch with me to say that they want their stories to be told and heard. The most important message, which I am sure that everybody in this place wants to say and which victims of domestic and sexual violence rarely hear, is, “We believe you.” If every single one of us could tell everybody to stand up and say those three words—“We believe you”—we could change things for victims of domestic violence, who are frequently disbelieved by every agency they are put in front of.

The second reason this debate is so important is to educate ourselves as legislators. My hon. and very dear Friend the Member for Hove and I have chatted about this subject many times over the past six months. On many occasions, he has bounded up to me and said that he has been stunned by a case that he has, as though it is the worst case in the whole world. I am sure that he will give voice to some examples of those very shocking stories. He is always so shocked, horrified and angry about every case. For me, these cases have become more expected. My years of working with victims of violence have in many ways numbed me to some of them—although I am only human.

[Mrs Moon]

My hon. Friend talks about her years of working with victims of domestic violence. I, too, worked in that field, and one of the things that I found most frightening was that courts tend to think of domestic violence only in terms of bruises or injury. “The Archers” has been brilliant at showing the impact of coercive and abusive behaviour, but there is an incredible naivety in believing that coercive and abusive behaviour to mothers would not also happen to children. If legal aid were available, it would be huge help to those women in protecting themselves.

[Jess Phillips]

I could not agree more. I will come on to the legal aid issues in a minute.

The Government have tried, through the law, to address coercive control, but we are not far enough down the line with that legislation to see whether it can deal with something so complex. To me, it is actually not that complex. We are always making the excuse that it is difficult to understand, but I do not find it difficult, so I am not sure why I am constantly cutting everybody some slack on this. We should be able to understand the constant gaslighting that goes on. “The Archers” has definitely achieved something. In the case of Henry, the small boy in “The Archers”, there is no doubt that that child has been coerced and controlled. It is harrowing; I feel chills even thinking about it.

Going back to my lovely hon. Friend the Member for Hove, on one occasion he ran up to me and said, “Jess, I just don’t understand why people are still walking around in the street. How can they carry on with their lives when this is happening? Why are they not screaming out about the awful family court system?” Today, in this place, we have a chance to help colleagues, and, most importantly, Government Members, to see what we—all of us as a country—are sanctioning in our court system. Here, in this place, we have the power and agency to change this, for every victim in the country and especially for all the victims whose children have died. We must use our agency to do what they would do in a heartbeat if they were any near as privileged as every single one of us.

On our agency to change this, I turn to the report of the all-party parliamentary group on domestic violence, in conjunction with the report from Women’s Aid cited in the motion. I ask the Minister to give us some assurances about what we are going to do about this. I love warm words—I say them myself—but I want hard actions. The right hon. Member for Basingstoke and I had attempted to begin this conversation with the previous Justice Secretary. However, politics is a fickle game, and so it now falls to a fresh Justice Secretary to make her mark on the job.

It is important to state that we could be considered to be breaking the law on these issues in the UK. As a member—for now—of the European Union, we signed up to specific directives on protecting victims. One directive explicitly states that we must uphold the protection of victims within our court system and contact with offenders must be avoided. For example, all new court buildings that are built—chance would be a fine thing at the moment—must have separate waiting areas. Every day in the UK, we are breaching that law. We will hear today about victims who are not just in the same waiting area but are allowed to be cross-examined, even bullied, by the very people who have abused them for years. In the criminal courts, this would be considered a severe breach of human rights. It would also completely fly in the face of the “achieving best evidence” standards, and most likely the evidence would be thrown out.

For years, people in this place, before they came here, campaigned to have children taken into video rooms. We got partitions and separate waiting rooms: those things have all happened. A quarter of the women surveyed by Women’s Aid were found to have been directly cross-examined in the family courts by their abuser. This is increasing as a direct result of the cessation of legal aid and the rising number of citizens acting as litigants in person. When, a number of months ago, I asked the Justice Department for figures on the number of litigants in person in the civil and family courts, I was told that it does not monitor that information. Might I gently suggest to Ministers—I am in a good mood because they have done something good today—that that is simply not good enough. We have to look at the trends in what is happening in our courts.

There is a pervasive myth that family courts are unfairly biased towards mothers. I think we will hear today all sorts of examples of why that is not the case. It does not matter how many times people scale buildings dressed as Spider-Man—women are still badly treated in our family courts system. This is especially pertinent with regard to those with a history of domestic violence. The domestic violence APPG inquiry found that there is no evidence to suggest that women are favoured. On average, only 1% of applicants to family courts have access refused: only 1% are told that they can no longer see their children. Seventy per cent. of all cases in front of the family courts are victims of domestic violence. So, in 1% of 70% of all cases, people are told that they cannot see their children. In three quarters of cases where courts have ordered contact with an abusive parent, children suffer further abuse. Some children have even been ordered to have contact with a parent who has committed offences against the children themselves. As we have heard, children have even been killed as a result of residency arrangements.

I want to stress that an abusive partner can force a victim into the family court, or in fact any civil court in the UK, as many times as they like. This is not a judgment that they get handed down, their case falls, and then they do not get another bite at the cherry—they can go to court as many times as they like. They can chase a woman around the country making the same claim against her, and nothing will stop that. There is no doubt that in many cases violent perpetrators use the family court system not to get their children back but to continue stalking and continue a reign of terror.

The domestic violence APPG has seven recommendations that would dramatically improve the lives of women. They fall almost exclusively in line with the report from Women’s Aid. We want to see victims and children protected and respected in our courts—at the very least to the same level that we have in our criminal courts. I have a copy of the recommendations that I can hand over to Ministers today. I really hope that they will listen to what they are hearing and act, as some of their colleagues have today, to do the right thing.

--- Later in debate ---

[Peter Kyle (Hove) (Lab)]

May I join the chorus of approval and gratitude expressed to my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) for securing this debate? Not only did she give a voice so effectively to a family who so desperately wanted that to be done, but she set a tone for this debate that is very much appreciated by all of us following her. I thank the right hon. Member for Basingstoke (Mrs Miller), who spoke brilliantly. She joined in making a pitch for this debate. I also thank my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), who was present for the pitch for this debate. As a member of the Backbench Business Committee, she could not join in with it, but I could tell from her unrestrained facial expressions that she was offering support in many other ways during the process. Those Members and others in the Chamber today have championed victims of domestic abuse in Parliament, in Government and on the front line respectively. Together, they bring a wealth of advocacy experience to this debate.

I must admit, with some shame, that I came to realise the true brutal horror of domestic violence only relatively recently, when I became a Member of Parliament. Shortly after the election last year, I was in my office sifting through the rubble of my campaign, when a women walked in and asked if I was her new Member of Parliament. When I said yes, she told me that she had just fled her partner, after suffering the latest in a long series of very brutal attacks. She sat, bruised and shaking, and said that she was ready to move on, but that she needed help. She did not trust the police, so she had turned to me. That was my first experience of someone turning to me for help as an MP, and it was the first time I had sat down with a survivor of domestic abuse.

Since that time, I have got to know many women who have survived violent relationships, and I have tried my best to be the best advocate I can for them. It is through meeting and listening to survivors that I first came to understand how our family courts are being used to perpetuate abuse against extremely vulnerable women. Eighteen months ago, I did not know that a convicted criminal could represent himself and cross-examine the victims of his crimes over and over again by using the family courts. How could I get to this age and not know that? Why is it that so few people I talk to have the faintest idea this is going on daily in the British legal system?

One constituent I am in regular contact with has been cross-examined by her former partner on three separate occasions. The man who beat her, broke her bones, battered her unconscious and hospitalised her, and who was convicted for his crimes, still has the right to summon his victim to court for a spurious custody hearing. He will never win the case, but that is not the point—he is victorious the second he steps into the courtroom, because in that instant he gets exactly what he wants, which is to continue to inflict violence and abuse on a woman who has already suffered more than most of us could ever imagine.

[Mrs Moon]

Is it not important for the courts to understand that they are being manipulated in that way? The courts ought to record how often an abuser deliberately uses the courts to inflict further abuse. Concentrix should also be aware that when it receives reports of an unreported adult being in the home, it may well be the abuser carrying on the abuse by making false reports. It should take action to investigate that before it cuts off the benefits.

[Peter Kyle]

My hon. Friend makes an incredibly important point. The fact that many of the men who inflict this violence are not only extremely manipulative, but extremely careful in the way they manipulate people and systems, means that far more effort should be put into understanding the victims, who can explain the type of behaviour the courts are dealing with. If we did that, a lot of heartbreak and violence would be avoided.

Another constituent told me that she was shaking so violently after a family court hearing that she had to be assisted to the taxi. Soon after leaving, the taxi had to stop to allow her to open a door and vomit.

Those of us who have not experienced it cannot comprehend the fear that survivors suffer. It is all-encompassing and ever present. The prospect of seeing the man who reigned with such terror causes paralysis. The faintest possibility that the abuser could get access to personal details—addresses, bank account numbers or even medical records—is overwhelming. What is most grotesque is that abusers know this. They know that the family courts can be used to torment their victims, and in some cases they do so with unrelenting brutality. When one listens to survivors describing their experiences of being summonsed, approaching the hearing date, being cross-examined by their abuser and dealing with the aftermath, one simple truth is inescapable: the language and vocabulary with which they describe their family court experience is identical to how they describe the violence they experienced in the relationship they bravely escaped.

It should shock everyone that the family courts are being used in a way that inflicts, not ends, violence against women. Worst of all, from the abuser’s perspective, it works. One constituent told me last month that she was dropping harassment charges because there was a good chance that her abuser would gain access to her mental health files because he had chosen to represent himself. She could not bear the thought of him reading, and being gratified by, such intimate and personal information. Another told me that she simply could not face another cross-examination by her convicted abuser. She had been medicated in order to endure her last experience, and the recovery from it took weeks. She told me that if he tried again, she would capitulate and give him whatever he demanded simply to avoid the experience. She said:

“I simply do not have it in me to survive another cross examination”.

If there is one example that sums up the sheer horror of abuse and its continuation in the family court, it is that of Jane Clough. Jane was in an abusive and violent relationship until she finally took action and went to the police. Her ex-partner, Jonathan Vass, appeared in court charged with nine counts of rape, one of sexual assault and three counts of common assault. Some of this had taken place while Jane was heavily pregnant with his child. Inexplicably, Judge Simon Newell decided that Vass was not a threat and freed him on bail.

Jane lived in so much fear that she moved in with her parents for comfort and protection. Vass eventually found out where Jane was working and, in July 2010, he attacked her as she headed home from work. He stabbed her 19 times and then slashed her throat—wounds from which she died. The next day, he was arrested approaching Jane’s parents’ home. He was on his way to murder either his baby child or Jane’s parents, or both.

I have had the honour of talking to Jane’s parents and sister. They are a family whose grace and dignity shine above the horror they have endured. However, there is more to this terrible episode and they are desperate for people to hear about it and learn from it. Once in prison, Vass began demanding parental rights over his child. This was the child whose mother he had beaten and murdered, and the child he would, in all likelihood, have murdered if only he had had the opportunity. None of us can imagine the pain this caused Jane’s family, but it gets worse still.

Jane’s sister began adoption proceedings in order to break the link with Vass. From that moment onwards, the family experienced a legal system that was stacked in his favour, rather than the baby he had tried to kill. Without access to financial support or legal aid, the family had to find separate representation for the baby and the rest of the family. Had a legal firm not donated pro bono representation, they would have had to sell their house to cover the costs.

A five-day hearing was scheduled in the family court, and the family were informed that Vass had exercised his right to self-representation. The man who had brutally murdered their sister and daughter would be cross-examining them. Jane’s sister told me that she simply cannot find the words to do justice to the brutalising effect this had on her as the court date approached. On the day of the hearing, they were informed that he would be appearing by video link, but they were stunned to discover that this was because of concerns for his safety and had nothing at all to do with the wellbeing of the family. As Jane’s sister told me,

“It was so shocking. It was all about him—what was best for him, how best to protect his rights. Nothing was balanced against our rights.”

During the cross-examination, Vass asked personal questions of the family members. He asked Jane’s sister, in reference to the baby,

“What will you tell her about me?”.

He asked her husband:

“What makes you think you can be a dad to my daughter?”.

The trauma meted out by the family court process is simply inhuman. This family had suffered enough.

The family have asked me to pass on their thanks to two advocates who have made a difference to them during and since these terrible events. The first is Dame Louise Casey who, as Victims Commissioner, learned from their experiences and took steps towards greater recognition for victims in the family court. The second is my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), who joins us here today. As Director of Public Prosecutions, he got to know the family well and they speak in the highest possible terms of him and his advocacy for them.

Progress has been made, but it has been glacial. We have not seen the transformation that is desperately needed. The abuse and brutalisation of women and families is being perpetuated via our legal system. To abusers, the family court is simply another tool through which to extend their hate, their violence and their control of extremely vulnerable women—exactly the kind of people the state exists to protect. Every day that these practices are allowed to continue, shame is heaped on our system of justice, on this House and on our Government, because we have the power to stop this happening and yet it continues.

Safety in Custody and Violence in Prisons

Madeleine Moon Excerpts

Monday 9th May 2016 Commons Chamber

[Andrew Selous]

Decisions about who goes to prison are obviously for our independent judiciary, but the hon. Lady is absolutely right about the need for better rehabilitation. We are determined that time in prison is not wasted but is productive, relevant and beneficial to prisoners and to the wider community in terms of keeping us all safe when they come out.

[Mrs Madeleine Moon (Bridgend) (Lab)]

Parc prison in Bridgend has an excellent reputation for its rehabilitation work, including its drug rehabilitation work, but it needs the support of the local police force, South Wales police, if it is to tackle the smuggling in of drugs and the throwing of drugs over the wall. It gets that help. What is the Minister doing to make sure that police forces across the UK work with their prison forces and officers? The number of attacks on prison officers and by prisoners on prisoners is increasing, and unless prisons work with police forces to arrest those guilty of smuggling drugs into prisons, we will be wasting our time.

[Andrew Selous]

I thank the hon. Lady for praising the work of HMP Parc in her constituency—in particular, I would praise the outstanding family work done by Corin Morgan-Armstrong—and I am grateful to her for raising the issue of good co-operation with the local police. I am pleased it is working well in her area, but she is right that it varies across the country. It is an issue that I take extremely seriously and about which I have regular conversations with the policing Minister.

Court Closures

Madeleine Moon Excerpts

Thursday 24th March 2016 Commons Chamber

[Mrs Madeleine Moon (Bridgend) (Lab)]

Like the hon. Member for High Peak (Andrew Bingham), I commend my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) for calling this debate. I also agree with him that this was a flawed consultation and decision, particularly in relation to Bridgend magistrates court and law courts, which house state-of-the-art court facilities in which the public purse has invested hundreds of thousands of pounds for repairs, modernisation and renovation. That is all to be thrown away.

Following the closure, the court’s civil, family and tribunal work will got to Port Talbot justice centre and the magistrates work to Cardiff and the Vale court. I hope that this local example will illustrate the appalling consequences of the Government’s irresponsible decision to close 86 courts and tribunals across England and Wales, as well as their total failure to understand the geography of Wales.

[Mary Creagh (Wakefield) (Lab)]

No surprise there.

[Mrs Moon]

Indeed, no surprise.

Realistically in south Wales, one has to move north or south to the M4 before travelling east or west. Before reaching the M4, there are very few chances of moving east or west, so the movement of these courts will cause huge problems for people’s capacity to reach the new venues.

[Mr Kevan Jones]

Does my hon. Friend also agree that the consultation and decisions, certainly in County Durham, assume that everyone has access to a private car and take no account of the time it will take to get to court—or the impossibility, in some case, of doing so—by public transport?

[Mrs Moon]

My hon. Friend makes the most valid of points. Yet again, the Government have failed to recognise the needs of the poor and the disadvantaged, particularly those who are victims or witnesses of crime, and their capacity to access the justice system.

By car, the journey from Bridgend to Cardiff can take an hour. Parking is a nightmare at many times of the day and is very expensive. Port Talbot justice centre is just under 15 miles away, but, depending on where someone lives in my constituency, it can take a minimum of 30 minutes to get there by car. For people on low incomes, who disproportionately depend on court and tribunal services, access to these sites will take longer and be more expensive. Car ownership in poor communities in Wales is particularly low: two thirds of those on working-age benefits do not have daily access to a car. I hope the Minister is listening to this. The majority of people travelling from Bridgend to Cardiff or Port Talbot to access legal services will therefore depend on expensive public transport links, but the timetables are a nightmare, especially if someone has to be in court by 9 o’clock or 10 o’clock and has childcare or caring commitments or a disability or if—God forbid—they miss the bus.

[Mary Creagh]

Or the bus doesn’t turn up.

[Mrs Moon]

Or, indeed, if the bus doesn’t turn up.

The bus journey from rural areas in my constituency to Cardiff is indirect and can take over two hours, and that is before getting to the bus station in Cardiff, which is a considerable distance from the court. The need to travel such long distances on a regular basis will disrupt the work of local police, as well as of probation, rehabilitation and child protection officers. It will also inconvenience the many local groups that offer services to people involved in the court system, including witnesses. We ought to be thinking far more carefully about protecting and supporting witnesses accessing courts. It is one thing to say, “Well, I don’t mind inconveniencing defendants”—even though these are people who still have not been found guilty—but what about people attending court to support the criminal justice service? We have to make it easy for people to come forward as witnesses, not introduce an additional burden into their daily lives.

It will be expensive and administratively burdensome to transport defendants from custody in the brand-new, state-of-the-art police station at Bridewell in Bridgend. The police there will be spending hours transporting people up and down the M4, when they could have accessed the local court in Bridgend. Parc prison in Bridgend will have to transport prisoners up and down the M4, instead of taking the 10-minute journey into the centre of Bridgend. The transport costs will be ridiculous. The Ministry of Justice is transporting the costs from its own budget to another budget.

The integrity of the British justice system is at stake here. It has evolved over the centuries and has remained remarkably sensitive to the distinctive formulations and priorities of local communities. The close proximity of the magistrates system to people’s daily lives is at the root of the legitimacy and authority of the system. No attempt seems to have been made to ascertain whether the magistrates in Bridgend will continue to serve in their posts when closures go ahead. I have to tell the Minister that local magistrates contacted me to say that they do not think they will be able to carry on—because of health, work commitments and family issues. The additional travelling time and the additional commitment in hours of work is going to make it impossible for many of them to continue. I think that is a huge loss to the local community’s sense of engagement with the criminal justice system and the civil justice system. The quality of justice as administered and implemented in local communities is also threatened by the decision, because the additional caseloads at both Bridgend and Caerphilly will push Cardiff court’s capacity to the limit. The closure could lead to a heavy reliance on electronic communication.

I know some people view electronic communications as the way forward, but I would have to say again that they do not live in Wales. For people living in the Welsh valleys, broadband communication is a nightmare. I live on the coast in Porthcawl, and my Skype communication is frequently not good throughout the day; with 180° of sea in front of us, broadband communication is not at its best. These technologies are untested, unreliable and their use in court challenges the important principle of our justice system—the right to a fair trial and the right to face our accusers. Clear communication is integral to the smooth and upright administration of justice, and there is no substitute for face-to-face dialogue. Where it is desired, it should be the first option available to individuals entering court.

The Law Society of England and Wales has registered serious concerns about the use of video-link technology in magistrates court trials. Magistrates have voiced the concern that it will be difficult for the judge to maintain order in the court if defendants and witnesses are not present in person. There are also doubts about whether the broadband connection in Bridgend is of sufficient quality to sustain a video link. As I have said, the region suffers from notoriously poor broadband connectivity.

I fear that for some of my constituents, the cheapest and simplest option will be to plead guilty rather than face the difficulties of navigating the complexities of the local transport and electronic communication systems and the destruction to their daily lives and to their family lives and commitments. When witnessing a crime, many people will say, “I don’t know whether I want to come forward as a witness when it is going to mean additional time and cost burdens to me.”

The courts alone do not deliver justice. Orbiting courts are networks of organisations that provide integrated probation, rehabilitation and victim support services. Before the trial opens, they do the hard work of preparing people who are unfamiliar with the courts system to stand as witnesses or defendants. After the case has closed, they help to translate, implement rulings and monitor their impact within the community. The key to their success is local knowledge and the close working relationship they have with other service providers. Removing courts from communities will fragment and weaken these complex and closely knit networks, with serious implications for the quality of local justice and the cohesion and safety of local communities.

I have grave concerns about the serious impact of closure on my local solicitor firms. Many are based in my constituency because of the Bridgend law courts and the whole network of courts in Bridgend, and I fear that many will close, further reducing access to legal advice for many people living across my constituency. The town will lose many high-paid and skilled jobs, and the courts bring people from the surrounding area into the town. The closure will affect the retail and service sectors of the local economy and contribute to the degeneration of the town centre.

In short, the relocation of the court services and the subsequent breakdown in Bridgend’s legal infrastructure will destabilise the community and undermine local confidence in the justice system for a generation. The court closure decision reflects the priorities of a Department isolated in Westminster that fails to take into account the geographic and the social mix of Wales. With so little understanding of how local communities work, public trust in our legal and political institutions will be further eroded. I urge the Minister to reverse the decision on Bridgend. I am sure it is not too late. I hope he has been listening.

--- Later in debate ---

[Robert Neill]

I understand the hon. Gentleman’s point, particularly in respect of rural areas. In fairness, though, there were court closure programmes under Labour Governments just as much as there were under Conservative Governments, so it is not an issue over which any one party can claim advantage. The hon. Gentleman made a very fair point about access to justice, but it is not the case that one particular party is more or less committed to it. The issue is how to balance what is largely a centrally funded service with local needs. That is what we need to deal with, and it has been raised as an issue in the Justice Committee.

It is fair to acknowledge that the hon. Member for Dulwich and West Norwood was quite right when she referred to the comments of Lord Bingham of Cornhill. I have often thought that his book, “The Rule of Law”, should be made compulsory reading for Members of both Houses, not least because, although written by a distinguished lawyer, it is remarkably concise. It is worth bearing in mind that the common law doctrine of accessibility, to which the hon. Lady referred, grew up at a time when there were far fewer courts, distances between them were much greater, public transport was virtually non-existent and journeys took much longer. Everything has to be put into context; it is not a matter of absolutes; it is all about getting the balance right, as some hon. Members have said.

I repeat that there were court closures under Labour Governments, and the most recent set of closures occurred during the Parliament of 2010 to 2015. The Justice Committee was interested in the effect, because part of the argument has been the need at a time of pressure on the public finances to get maximum value for money. That is understandable, as is the fact that there has been a decline in the use of courts, particularly magistrates courts, because of the reduction in crime. I am told that use across the magistrates courts estate decreased by something in the order of 43% during that previous Parliament. That is not the whole picture, but it is fair to put it into the balance. I remember some magistrates courts being in poor condition—old, ill equipped and without the facilities to deal with the necessary separation of witnesses, victims and legal advisers, to which the hon. Member for Bridgend (Mrs Moon) referred. So not all closures are bad. There has to be a process of renewal and, sometimes, of consolidation.

[Mrs Moon]

Will the hon. Gentleman give way?

[Robert Neill]

I will, just this once.

[Mrs Moon]

I am sorry to intervene on the hon. Gentleman, but my point is this. We have spent hundreds of thousands of pounds on the project, and on making it viable for the future. Is it not nonsensical, having spent that money, to waste it by closing courts?

[Robert Neill]

I understand the point that the hon. Lady is making, but I will not go into individual cases, because that is not the job that the Select Committee has sought to take on.

In October 2015, following the 2010 to 2014 closure programme—the court estate reform programme, as it was described—during the previous Parliament, the Committee took evidence from Natalie Ceeney, chief executive of HM Courts and Tribunals Service. We asked, in particular, what progress had been made—[Interruption.] I hope that that is not my clerk or someone ringing me up. I think it is worse when it happens in court, Madam Deputy Speaker. I can only apologise.