Violence Reduction, Policing and Criminal Justice

Matt Western Excerpts

Wednesday 15th November 2023 Commons Chamber

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I will address two issues in my response to the King’s Speech, both of which relate to violence.

In my constituency, we have lost far too many young lives to serious violence, including, since the start of September, Ronaldo Scott and Keelen Morris Wong. Both were brutally murdered in broad daylight with huge knives of the kind known as “Rambo knives” or “zombie knives.” They both leave a community of family, friends and neighbours utterly devastated.

Our communities are playing their part, with support from our local councils and the Mayor of London, in tackling the complex problem of serious violence, but the Government have not been playing their part. A ban on Rambo and zombie knives was promised in 2016, but in response to my recent written question, the Minister said that it would be done “when parliamentary time allows.” The King’s Speech is the moment in our calendar when the Government set out how they will allocate parliamentary time, so I am dismayed that it contains no specific mention of a ban on the largest and most brutal of knives. No one has a legitimate need for a hunting knife in London. By failing to bring forward the ban, the Government are signalling that they simply do not care about the violence being perpetrated in constituencies such as mine.

The second issue I will address is the horror that we are witnessing in Israel and Gaza. The terror attack perpetrated by Hamas on 7 October was an unspeakable violation, the largest slaughter of Jewish people since the holocaust, and the largest terror attack since 9/11. We stand in solidarity with all those affected: the injured, the hostages and the families who are bereaved or desperately worried about loved ones held captive in Gaza. Israel has the right to defend itself—as would any country in the face of such an horrific attack—but that right is not without limit. It is constrained by international law, which protects civilians, critical infrastructure such as hospitals, and critical supplies such as food, water, medicines and energy.

We have witnessed a month of unrelenting bombardment of Gaza. More than 11,000 people have been killed, homes and whole neighbourhoods have been destroyed, hospitals have been left unable to function, and a whole population is being denied access to food, water, energy and medicines. We cannot look at the horror and suffering on our TV screens and conclude that the scale of destruction we are witnessing is proportionate, or that denying aid from entering Gaza is within international law. Again, we must stand in solidarity with all those affected: the injured, the families who are bereaved and those desperately worried about their loved ones in Gaza.

I have heard from thousands of my constituents who have been in contact with me over the past month to share their views. They, too, are completely horrified by what they are seeing, and they want every possible effort to be made to stop the conflict. They understand that that is what is signalled by the word “ceasefire.”

In calling for a ceasefire, no one is suggesting that the cessation should be unilateral or without conditions: Hamas must release the hostages. In war, ceasefires do not always hold, and we must all be realistic about the intensity of this conflict, but a bilateral humanitarian cessation of the violence—a ceasefire—is surely the minimum we should be demanding in the face of such horrific suffering. This is not a minority view, but the view of Oxfam, Medical Aid for Palestinians, Islamic Relief, the Red Crescent, Christian Aid, and all of the major aid agencies with a presence in the region. It is the view of the United Nations and all of its aid agencies. It is the view of our former colleague in this place, David Miliband, as well as of President Macron, the Archbishop of Canterbury and the Pope.

On this issue, the overwhelming, prevailing view of my constituents is that where we have an opportunity to call for an end to the horrific suffering in Gaza, we must do so. “Ceasefire” is the word that they understand to mean an end to that horrific suffering.

[Matt Western (Warwick and Leamington) (Lab)]

My hon. Friend is making an incredibly powerful speech, and I am sure my constituents feel very similarly to hers. I think we all want to see a ceasefire—a cessation of hostilities—and we need to have the steps to bring that about. However, does my hon. Friend agree that we need to see not only the release of hostages, but an agreement between these two warring factions and the release of prisoners from the other side?

[Helen Hayes]

I thank my hon. Friend for his intervention, and he is right. This process is not easy—nobody is saying that it is—but my conscience tells me that calling for a ceasefire is the right thing to do. That is not a unilateral laying-down of arms, but a bilateral humanitarian ceasefire predicated on the release of hostages and leading to an internationally brokered peace process and a two-state solution, with a secure Israel living alongside a sovereign, viable Palestine.

I fully understand that colleagues will have different views from those of their constituents, and there is no easy response to this appalling conflict. We must all treat each other with respect at this time, but we must all be able to stand in front of our own constituents with integrity, and at peace with our own consciences on the issues that matter most to them. My conscience tells me that I must call for a ceasefire today—a halt to this dreadful destruction and conflict. Far too many have already died on both sides, and more will continue to die if the violence does not cease. We must call for a ceasefire.

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[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

In speaking to amendments (h) and (r), the House will be aware that I have openly called for a negotiated ceasefire on both sides, along with the release of all hostages. However, neither the Israeli Government nor Hamas have agreed to an immediate ceasefire. Hamas have stated that they will continue with their strikes against Israel, and they have not heeded repeated calls by the UN and others for an unconditional release of all hostages. Likewise, the Israeli Government have rejected growing international calls for a ceasefire and have continued with their relentless bombing. Israeli Prime Minister Netanyahu has stated that a ceasefire would be possible only if all 239 hostages were released.

Who is suffering intolerably in the meanwhile? The Palestinian people. After the Hamas terror strikes that tragically resulted in the killing of well over 1,000 Israelis, I told the Prime Minister on the Floor of the House that, while Israel has a right to defend its citizens and rescue its hostages, its response must be proportionate and submit to international law. However, over 11,000 Palestinians—and rising—have been killed.

Shockingly, in just 40 days, one in every 200 people living in Gaza is no more. I have been particularly horrified by the killing of more than 4,600 innocent children. That is one child dying every 12 minutes. The number of children killed in just over four weeks of Israeli bombardment has surpassed the number killed in conflict zones across the globe every year since 2019. As a parent of two children, I cannot imagine what their parents are going through, if indeed they are still alive.

Whether or not the Israeli Government and Hamas listen to our pleas, I believe we must call for an end to the violence to save lives. The Netanyahu Government must be made to realise that razing Gaza to the ground and indiscriminately killing Palestinians will not lead to safety and security for people living in the region. It will merely fuel more anger and resentment, taking us further away from peace and prosperity for all and from a viable two-state solution. I have always spoken up for human rights, and in the past six years I have often spoken up for innocent Palestinians, who have suffered decades of injustice, occupation and forceful removal from their homes. They are now facing an atrocious siege and further bloodshed.

[Matt Western]

My hon. Friend is making some important points. Does he agree that we need a ceasefire or a cessation of hostilities—we can use whichever words we choose? I sense he does agree with that or certainly with the sentiment. Does he also have a frustration that the Scottish National party amendment before us tonight is designed as a political ploy, and therefore we will not be voting for it and will vote instead for the Labour amendment?

[Mr Dhesi]

I thank my hon. Friend, who is correct in what he says. A lot of our constituents will not be aware of the procedures and protocols of Parliament, and how Labour Members hardly, if ever, vote for any SNP amendments. This raises another important point that my constituents have been emailing me about: signing early-day motions. I have been trying to explain to constituents, on the doorstep and elsewhere, that hundreds of early-day motions are in circulation at any given time and that shadow Ministers, such as myself, and Ministers never sign them and they do not have the requisite power. Those are some of the protocols that my constituents and others will not be aware of.

I wish to thank the Labour Front-Bench team, who have listened patiently to the passionate arguments of Members such as myself and tabled a comprehensive amendment last night addressing our concerns. First, it calls for

“an end to the violence in Israel and Palestine.”

That is what we all want to see. Secondly, it reaffirms

“the jurisdiction of the ICC to address the conduct of all parties”,

so that we can ascertain what war crimes have occurred. Thirdly, it calls on Israel to

“lift the siege conditions allowing food, water, electricity, medicine and fuel into Gaza”.

Fourthly, it calls on us to

“guarantee that people in Gaza who are forced to flee during this conflict can return to their homes and seek an end to the expansion of illegal settlements and settler violence in the West Bank”.

Fifthly, it addresses the road map and how we can get

“an enduring cessation of fighting—

basically, a ceasefire—

“as soon as possible and a credible, diplomatic and political process to deliver the lasting peace of a two-state solution.”

Rape: Criminal Prosecutions

Matt Western Excerpts

Tuesday 28th June 2022 Commons Chamber

[Victoria Atkins]

I thank my hon. Friend, who brings his professional expertise into this Chamber. He is right to say that the focus on a victim’s credibility has in the past meant that too many cases are dropped when they should not be. We have therefore had the roll-out of this suspect-focused investigation technique, Operation Soteria, across the first five forces, and that learning is being shared nationally ahead of the national roll-out next year. This is what will make the real difference, both to the police and to the CPS.

[Matt Western (Warwick and Leamington) (Lab)]

The Minister will be aware that Warwickshire has the lowest conviction rate in the country and was one of the first forces to close its rape and serious sexual offences unit, doing so back in 2014. I have a case where an individual has been charged with two counts of rape. Originally, the plea hearing was back in December 2021. The court date was set for this August, but that has now been put back to May 2023, causing great distress to the victims, as the Minister can imagine. Beyond the dashboard she mentions, what is she doing specifically to address the issues in Warwickshire?

[Victoria Atkins]

I hope the hon. Gentleman will appreciate that I cannot comment on an individual case. On local policing, the local CPS and the application of all the measures we have talked about in this urgent question so far, the point of the dashboards is precisely to give him, me and others that data, which otherwise has not been collated, so that we can start asking those questions about individual areas. For example, we know that West Yorkshire is doing better than the national average on the police referring cases to the CPS. My question is: why can we not replicate that nationally? We are having those sorts of conversations, with non-defensive transparency, which, I hope, will really begin to see results for victims.

Rape and Sexual Violence

Matt Western Excerpts

Tuesday 8th March 2022 Commons Chamber

[Victoria Atkins]

May I correct the hon. Lady on that point about repeat offenders? People are managing it and monitoring it, albeit not through the scorecard. She will know of the offender management systems in place and the ViSOR—violent and sex offender register—system. She will also know, because we discussed it at great length during the passage of the Domestic Abuse Act 2021, of our programme to revolutionise the way the current system, MAPPA—the multi-agency public protection arrangements—works into MAPPS—the multi-agency public protection system—which will be able to track the most dangerous offenders in the ways both she and I want. We are offering these metrics precisely so that there can be scrutiny of the stages at which things are going right, or indeed wrong. Having produced national scorecards, we will soon produce local scorecards so we can look locally to see where good practice is happening and where other areas need to follow suit.

On the criminal justice system, we have recruited, as I hope the House knows, more than 11,000 police officers as part of our commitment to recruit 20,000 officers, and more than 100 prosecutors in the Crown Prosecution Service have already undertaken induction training on rape and serious sexual offences. On the point raised about mobile phones and the data strip search, again, having listened to victims, charities that support survivors and the Domestic Abuse Commissioner and the Victims’ Commissioner, we have in the Police, Crime, Sentencing and Courts Bill set out the legal framework for digital data downloads. We understand how that can be so terribly difficult for victims and their willingness, frankly, to go along with a case.

The issue of specialism has been raised. That is why we are supporting Operation Soteria, a joint police and CPS programme of work whereby they turn the investigation on its head, from looking at the victim to looking at the suspect. That is clearly the way forward and we have committed to expanding the initial work from five areas to, in the next tranche, 14. We will be rolling this out nationally, but we have to do it through the staged approach because one can imagine, I hope, the differences between a huge metropolitan force and a much smaller, more rural force in terms of economies of scale and ways of working. We are doing it in an iterative, careful way so that when we make change we make effective change that has meaningful and positive consequences for victims.

We are focusing even more on victim support, too. We are putting victims at the heart of the system so that they get the support they need to continue with such cases. We are providing an unprecedented £150 million to victims support services this year, an increase of over £100 million on the budget in 2010-11, and we have committed to increasing funding for all victims support services to £185 million by 2024-25, including increasing the number of independent sexual and domestic violence advisers, because we know that victims who have access to IDVAs and ISVAs are nearly 50% more likely to stay engaged with the criminal justice process.

We are also commissioning a new national helpline and online services for victims of rape and sexual violence, which will be available 24/7. This is a real step forward. We want victims to be able to get help when they need it. We have seen the huge successes of the national domestic abuse helpline and I want to replicate that for victims of sexual violence.

[Matt Western (Warwick and Leamington) (Lab)]

Does the Minister agree that many police forces no longer have RASSO—rape and serious sexual offences—units? Does she think they should have them?

[Victoria Atkins]

We have different agencies involved in the criminal justice system. Sometimes, there is an understandable wish in the Chamber for us to be able to control everything from the Dispatch Box, but we have a strong tradition of chief constables directing their personnel, training and so on. I have to say that the reaction of the police to Operation Soteria has been truly committed. They want to make the sort of changes we are already beginning to see with Op Soteria. I genuinely believe that, through Soteria, we will begin to see real change in policing. With the roll-out of that in the pilot areas, national learning is already being shared and that will roll through forces—even those not in the next tranche of 14.

I am conscious about giving Back Benchers time, so I will pick up just a couple more points. I hope that the House supports our decision to include violence against women and girls in the strategic policing requirement, which means that it must be prioritised as other serious crimes such as homicide, serious and organised crime and terrorism are prioritised. Of course, through the Domestic Abuse Act 2021 and previous measures, this place has strengthened the law on things such as the so-called rough sex defence and the new offence of non-fatal strangulation. Indeed, the police Bill, which is in the other place, will increase the time that sexual offenders serving sentences for offences of particular concern must spend in prison from half their custodial term to two thirds.

We have heard about the roll-out of section 28, which, in fairness, I think the Opposition welcome. That is one of the levers by which we will really make progress on the timing of cases. If we can persuade the CPS and judges to permit victims to give their pre-recorded evidence at a very early stage in a case after investigation, that will help with timeliness. There is hope and expectation that that will increase guilty pleas, but also it will help victims to give their best evidence in a timely fashion, and juries will, in due course, be able to consider it. We will roll that out as soon as is practicable.

My hon. Friend the Member for Newbury (Laura Farris) highlighted the issue of cases being knocked off the list, floaters and so on. Again, we expect that section 28 will be able to deal with some of listing issues that she rightly raised..

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[Matt Western (Warwick and Leamington) (Lab)]

I rise to speak in favour of this motion, on International Women’s Day. I recently held a summit on this issue, and the public made it clear to me that the Conservative Government are failing women. The consequence of this failure is felt on a personal level by women and girls. It erodes their confidence to be alone in public, in the dark, and it instils a fear that I find it hard to imagine many men would be able to comprehend.

Last autumn, I conducted a survey in my constituency on rape and sexual violence. Several hundred people responded and I was shocked to learn that 69% of respondents carried their keys in their hands on their way home; that 45% sent their current location to a friend or loved one; and that 66% would call someone while walking along. Although small in scale, these acts are, unfortunately, increasingly necessary, due to a rise in violence against women and girls; this is not helped by the flattening of rape prosecution rates, high-profile murders such as that of Sarah Everard and the cuts that have decimated our public services.

On a local level, Warwickshire police abolished their specialist RASSO unit nine years ago, in 2013. On a national level, the number of staff at the Crown Prosecution Service fell by a third between 2010 and 2019. Successive Conservative Governments have presided over a series of cuts at both ends of the national-local spectrum, which has eroded this country’s ability to counter VAWG. With two out of five police forces lacking a RASSO unit—I referred to that in my point to the Minister—these cuts have made securing justice for gender-based violence and sexual assault, in effect, a postcode lottery.

The results of the cuts make for grim reading. As we have heard, a mere 1.3% of rape cases are prosecuted, despite the number of rapes reported to the police being at record highs. I am appalled to confirm that Warwickshire is reported as having the lowest rape conviction rate of any county in England and Wales, with only seven of just 15 cases pursued by Warwickshire police resulting in conviction. It is no surprise that we see a strong correlative link between cuts to local services and stark decreases in prosecution and conviction rates. It has led to what the Victims’ Commissioner, Dame Vera Baird QC, has described as the “effective decriminalisation of rape.” That is a shameful record by any standard.

With a policing culture now accustomed to the effective decriminalisation of rape, it is particularly grotesque to see the ways in which certain elements in police forces perceive themselves to be above the law. A year after the tragic murder of Sarah Everard at the hands of the Met police officer Wayne Couzens, we are reminded of it by the revelations at Charing Cross police station and others. Indeed, a Warwickshire police officer currently faces allegations of inappropriate contact with a domestic abuse victim.

This matter needs to be treated with the urgency it deserves. It is unfathomable that the Government are preparing to close down the Nightingale courts, including the one in my constituency, when the average time taken in the courts to deal with a crime rose by 15% in the three months up to September 2021, to 620 days. This matter needs to be addressed through the education of boys and young men, but I do not have the time to develop that theme now. The Minister may well justify the backlog because of the temporary closure of many courts during the covid-19 pandemic, but the Government’s savage cuts between 2010 and 2019, when half of all courts in England and Wales were closed, allowed for 27,000 fewer sitting days than there were in 2016. The blame lies clearly at the door of successive Conservative Governments.

Labour would extend the use of Nightingale courts beyond April 2022, to begin to reduce the court delays and guarantee 33,000 extra sitting days to get the case loads down. To spur this initiative on, we would appoint a specific Minister for rape and sexual violence survivors. If victims have a specific voice in Government, fighting for their interests and turbocharging the required reforms, they will hopefully begin to feel that the law and the state are on their side.

In a victims-led approach to reform, we would introduce a victims Bill to establish the victims code in law. We would increase sentences for rapists and stalkers and create specific new offences for street sexual harassment and sex for rent. Making legal aid available to victims and fast-tracking rape and serious sexual assault cases through the court system would bring about much-needed justice—and fast. These are the elements for which the public are calling and the points that were fed back to me at my recent summit.

Having promised to introduce a victims Bill in 2016, the Government seem to have lost their grip on law and order, and in particular on violence against women and girls, which is increasingly endemic. The Government have had more than six years to bring a Bill forward, but it seems clear that only Labour has the drive, ambition and impetus to deliver justice for the victims of sexual assault and violence against women.

Protecting the Public and Justice for Victims

Matt Western Excerpts

Wednesday 9th June 2021 Commons Chamber

[Matt Western (Warwick and Leamington) (Lab)]

Justice cannot be brought without first apprehension, then investigation and finally resolution. What we have witnessed over the past decade has been the considerable dismantling and diminution of our criminal justice system—the loss of 22,000 police from our streets; the closure of hundreds of police stations such as in Warwick, Hartlepool and elsewhere, making access to the police more difficult and meaning that more crimes go unrecorded; and the closure of half the courts between 2010 and 2019.

Across the country, as a proportion of all crime recorded by the police, violence reached its highest level in 2019-20 since comparative records began. Violence against the person increased in every police force across the country, and overall only one in 14 crimes led to a charge. Locally in Warwickshire, knife crime has quadrupled since 2013-14—a 300% increase in just seven years.

I want to focus on the failures of justice in relation to sexual violence and harassment and child abuse, as shared with me by constituents. Let me start with sexual violence and harassment. We see this Government failing to protect women and girls from violent criminals, which should be one of the first duties of any Government. With record low conviction rates of perpetrators of sexual violence and an epidemic of misogyny that makes women and girls feel unsafe, the Government are treating victims of violence as an afterthought. New research has found that seven in 10 women say that the Government’s efforts to make the UK safer for women are not working and consider Government action to be inadequate. Victims are losing faith that the justice system will be there for them.

In Warwickshire, there were 1,600 arrests for domestic abuse-related crimes between 1 April and 30 June, and 15% of all recorded crime is domestic abuse-related, yet still the police and crime commissioner is replacing all nine staff from its domestic abuse unit with police constables, who should be out on the street.

The crime survey of England and Wales estimates that 3.1 million adults were victims and survivors of child sexual abuse before they turned 16, which is likely to be a highly conservative estimate. Cases brought before courts are too few, and convictions are even fewer.

Tackling gender-based violence is at the very top of Labour’s agenda, by making misogyny a hate crime, increasing sentences for rapists and stalkers and creating new specific offences for street sexual harassment and sex for rent; time prevents me from going through all the details. With record low conviction rates for perpetrators of sexual violence and the epidemic of misogyny against women and girls, which makes them feel so unsafe, this Government are treating victims of violence as an afterthought. That is why I will be voting for our motion.

Oral Answers to Questions

Matt Western Excerpts

Tuesday 8th December 2020 Commons Chamber

[Kit Malthouse]

My hon. Friend raises an extremely important point. When I was on the other side of the table as an eager recipient of Whitehall largesse, it long frustrated me that I had to spend six months spending the money and then six months planning to bid for the next round of money. She will know that in particular in this area, where we want to build resilience, out of the hidden harms summit earlier this year came a commitment to create a victims funding strategy, which is currently under way, but she will also know that we have awarded three-year funding through to 2022 via the rape support fund, to give sexual violence services greater stability in the future. I hope that will progress into all the areas that are concerned with this particular offence.

[Matt Western (Warwick and Leamington) (Lab)]

  According to solicitors in Warwick and Leamington, the court system dealing with criminals is at breaking point. They see it as being completely chaotic. I appreciate that in the spending review the Government have announced additional money—£337 million—but the Law Society is calling for more. Will the Government actually accept what the Law Society is calling for and give additional funding to break the backlog?

[Robert Buckland]

The hon. Gentleman will be glad to know that both the Law Society and the Bar Council agree that this year’s settlement was encouraging. Of course, it is not the end of the story, and I have talked about us beginning to turn a corner. The good news in the magistrates courts is that receipts are now behind disposals, so we are dealing with the overall number of cases in the magistrates system. In the Crown court, we continue to scale up the number of trials being heard. In fact, in the past week or so, I have been looking at figures of effective trials, crack trials and trials that have been dealt with by way of a guilty plea: the numbers are now in the high 300s. We need to get that up, and I am confident that we can do that in the new year to return us to the pre-covid levels, and then work even harder.

Domestic Abuse Bill

Matt Western Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Carolyn Harris]

I agree that we need to look at the definition and the impact on children. That is something that we can look at closely in Committee, and we would welcome amendments guided in that direction.

It is not just the courts that we need to look at; we also need to look at housing, which is another thing that currently allows perpetrators to control their victims. In cases of joint tenancy, only one tenant needs to end the lease, effectively allowing abusers to leave their victims homeless. The Bill needs to adopt changes to that law that would require both parties to end the tenancy and, in cases where perpetrators are convicted of domestic violence, automatically transfer the tenancy to the name of the victim. For victims who leave their accommodation by choice due to violence, the Bill needs to legislate to ensure that they automatically become a priority need for housing, irrespective of whether they have moved to emergency refuge accommodation.

[Matt Western (Warwick and Leamington) (Lab)]

My hon. Friend is making an important point, which I welcome. I have had a couple of cases in surgery of people in that very situation, whether in a housing association or whatever, who cannot get out and who are struggling because of the threat they face every day from having to stay in the same place. I very much endorse what my hon. Friend is saying and would like to hear more.

[Carolyn Harris]

My hon. Friend makes a powerful point about housing. We have grave concerns about the housing of victims, which is another issue that we will pursue in Committee.

Reforms are also needed in the benefits system to ensure that survivors do not suffer further financially when escaping domestic abuse. The introduction of separate universal credit payments by default and the abolition of the five-week payment delay for all survivors will prevent abusers from using the welfare system as a means of continued economic abuse.

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[Alex Norris (Nottingham North) (Lab/Co-op)]

It has been a privilege even to sit and listen to the debate, never mind to contribute to it, particularly given the contributions from my hon. Friends the Members for Canterbury (Rosie Duffield) and for Bradford West (Naz Shah). It took extraordinary personal courage to make such contributions, and I know that they will resonate with the individual experiences of a lot of people watching at home and make a real difference to their lives.

Like many colleagues present today, I have been waiting eagerly for this debate over the last couple of years, since the Queen’s Speech in 2017. We thought for a while that we might not see the Bill in this Session, but happily we are here today. That is a testament to the lobbying and campaigning efforts inside and outside this place; and, I have no doubt, to the persuasive efforts of Ministers too. I think it is important to recognise the extraordinary leadership of the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), and the now Minister for Health, the hon. Member for Charnwood (Edward Argar), in getting us to this point. I hope that the Minister will take my comments today in that spirit as we seek to build on this work.

If we rewind the clock seven days to pretty much exactly this time last Wednesday, hon. Members will remember that we had a very difficult session in this place. We all have our version of events and our reasons why we think it was as it was. But collectively we know that, whatever those reasons, we all left with our reputations diminished. More importantly, the reputation of this place was diminished, and that is bigger than all of us. It is therefore really good and important that a week later, we have shown that when we come together in a spirit of co-operation and compromise, sharing our mixed and diverse experiences, we truly make an impact. It shows that the best days for this place are truly ahead—no more so than with this Bill.

This Bill will stand up for thousands of people across the country who are currently suffering abuse, and will hopefully avert it for many thousands of others. My views on the Bill are a matter of public record. I was lucky enough to serve on both the Home Affairs Committee when we had an inquiry on the Bill, and on the Joint Committee so ably chaired by the right hon. Member for Basingstoke (Mrs Miller), so it is pretty clear what I think about the Bill and where we should go next, but today I want to focus briefly on three things.

Refuges are a precious national asset, and we ought to think about them as such. They are literally the difference between life and death for a vulnerable individual. High-quality, accessible provision is critical, but it needs to be a national network too, because a woman in my community in Nottingham is as likely to need a refuge in Birmingham tonight as they are to need a refuge close to home. But at the moment there is a toxic combination of a reduction in support—Refuge reports cuts to 80% of its services since 2011, at an average of 50%—and significant demand, with almost 60% of all refuge referrals being declined. This does not and will not work, and the Bill is a golden opportunity to get us to a position where we have a fully funded national network underpinned by statutory status. It is therefore disappointing that the Bill does not have a legal duty to provide. I hope that the Minister will expand a little on the thinking behind that, because both the pre-legislative Committee and the Home Affairs Committee majored on the value of this duty, which I believe is shown by the evidence.

There is also scope to be clear about the need for specialist services. I was lead councillor for commissioning in my local authority for three years. Local authority commissioners are under extraordinary financial pressures, which pushes councils to more generic commissioning, which is cheaper and more flexible. That will not work for refuges, so we should be clear in the Bill about our expectations.

[Matt Western]

rose—

[Mr Speaker]

Order. From now on, if we have interventions, it will mean that other people will not get in, which would be a great pity, so it would be better not to intervene at this stage. If the hon. Gentleman insists, he will of course be in order, but he will be stopping other people speaking.

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[Catherine West (Hornsey and Wood Green) (Lab)]

It is a pleasure to be the final contributor from the Back Benches in this amazing debate. It has been a fantastic debate in which we have heard the personal stories of my hon. Friends the Members for Bradford West (Naz Shah) and for Canterbury (Rosie Duffield)—and how moving were their accounts.

I want briefly to pay tribute to three of my constituents who are experts in this field. The first is Harriet Wistrich, a barrister from the Centre for Women’s Justice, who led the work on the Sally Challen case. I am sure that my hon. Friend the Member for Bradford West will appreciate the work that Harriet has done in driving forward legal change so that other women who have been forced into a situation in which they have killed their husbands or partners receive a fair trial and access to the law.

The second person I briefly wish to mention is the outgoing chief executive of Solace Women’s Aid, Mary Mason, a constituent of mine and an expert in her field. Her life has been dedicated to improving the situation for women, and I am sure everyone in this House would like to thank her for the years and years she has given to women who have been facing violence.

The final person I wish to mention is a woman who has tragically passed away but who also did an amazing amount of work. I understand that she worked closely with the right hon. Member for Maidenhead (Mrs May) in developing not only the beginnings of this Bill but the Modern Slavery Act 2015. I refer to Denise Marshall, who tragically passed away due to cancer a couple of years ago but who did an incredible amount for Eaves, a fantastic charity that works closely with government to promote better services for women.

Each of us will have a domestic violence charity or statutory sector service in our constituency, and mine is Hearthstone. What is wonderful about it is that it is based in the local authority but it has its hands on the allocation of housing. Before, when best practice was considered to be in the voluntary sector or civic society, it could be an advocate, but being based within the council allows Hearthstone to keep a close eye on allocations. It is therefore in a great position to assist women who are escaping domestic violence.

I wish to make two quick points that we have to consider when we finalise the Bill. The first relates to women and families who have no recourse to public funds and the second relates to women on different spousal visas. A number of Members have mentioned that today, and I want to mention it so that we can be assured that it is looked at once again before Third Reading. I would be grateful if the Minister clarified what view she is taking on different immigration arrangements, as there are women who are trapped in violent relationships because of their spousal visa arrangements. We desperately need that element of the Bill to be sharpened up before it goes to Third Reading.

[Matt Western]

My hon. Friend is making some extremely important points. Does she agree that there are two issues here? The first is about access to accommodation, particularly for women who have been in refuges. There is a lack of capacity in council house provision, so authorities are struggling to place women out of refuges and those women are then spending considerably longer than expected in refuges. The second issue is the lack of provision within local police forces of specialist officers who can deal with victims of domestic abuse.

[Catherine West]

I thank my hon. Friend for that intervention. The right hon. Member for Maidenhead put it well in her good speech: this is not just about the legislation. We have to have resources, more police and more services at local level. We can have the best legislation in the world, but if we cannot enforce and we cannot prevent, what is the point of our sitting here and having beautiful legislation?

Draft Non-Contentious Probate (Fees) Order 2018

Matt Western Excerpts

Thursday 7th February 2019 General Committees

[Lucy Frazer]

As I mentioned, the changes that the Government are making were considered previously in Committee and were well documented in the press, and points on the matter have been put to me in the Chamber. We have the power to pass the legislation by way of statutory instrument, and that is how we are doing so.

It is important to have a fair and functioning justice system. I will touch on the service that HMCTS provides. The decisions that are made in courts and tribunals convict the guilty, protect the innocent and help ordinary people take back their lives. The Government are committed to providing a world-class courts and tribunals system that supports vulnerable people. We are investing £1 billion to modernise and upgrade the courts system but, as is obvious, an effective and efficient justice system requires proper funding and it has long been the case that users of our courts contribute towards the costs, reducing the burden on taxpayers. We believe that remains relevant and reasonable.

By asking those who use the courts to pay more, where they can afford to do so, we are able to fund areas where we charge no fees to vulnerable victims and users. That includes, for example, domestic violence protection orders, non-molestation orders and cases before the first-tier tribunal concerning mental health, where applicants do not have to pay a fee at all. In 2017-18, the running costs of HMCTS were £1.8 billion, but we recovered only £710 million of that—less than 40%—in fee income. That position is unsustainable, and it is right that we look to users of the service to contribute more. We anticipate that the new fees will bring in additional income of £145 million in the next financial year, helping to fund our courts and tribunals by reducing the burden on the taxpayer.

[Matt Western (Warwick and Leamington) (Lab)]

I can see a lot of positives in what is proposed. However, given the funding gap between the actual costs of running the service and what is earned, as the Minister has described, is there not an enormous opportunity to charge even more for estates worth over £2 million? The cap seems to be unnecessarily low.

[Lucy Frazer]

That is an interesting point. The figure was higher the last time the proposal was before Parliament—£20,000 for the top fee, rather than the current proposal of £6,000—but the response was that it was too much, and we agree. The £6,000 is more proportionate. It still brings in an income of £145 million, which is essential to fund the Courts Service. Parliament has understood the importance and value of our justice system, and the financial pressures on HMCTS, which is why in the Anti-social Behaviour, Crime and Policing Act 2014 it empowered the Lord Chancellor to charge enhanced fees.

I wish to deal with some of the concerns expressed by the JCSI and the SLSC. They reported the draft statutory instrument for doubtful vires and unexpected use of powers. They felt that the new fees amounted to a tax and questioned whether the imposition of such levels of fees was anticipated when the primary power was approved. We disagree with those Committees.

The new fees come under the category of “enhanced” fees. As Members are aware, Parliament has expressly given power to the Lord Chancellor to set certain court and tribunal fees above the cost of providing the service, under section 180 of the 2014 Act. The Act gives the Lord Chancellor the explicit authority to impose enhanced fees in order to

“prescribe a fee of an amount which is intended to exceed the cost of anything in respect of which the fee is charged.”

That is what the draft order seeks to do.

In doing so, the Lord Chancellor must have regard to, among other factors, the financial position of the courts and tribunals for which he or she is responsible, including, in particular, any costs incurred by those courts and tribunals that are not met by the existing fee income. The Act is also clear that any income from the fees must be used to finance an efficient and effective system of courts and tribunals. Those provisions clearly demonstrate Parliament’s intention that the Lord Chancellor should be able to set fees above cost in one part of the system in order to subsidise other parts, in order to maintain effective operation of the system as a whole.

The JCSI went on to argue that the basic premise of the fee is that it should be directly related to the cost of the service. We do not accept that. The specific legislative provision in section 180 of the 2014 Act breaks the link between the cost of the service and the fee that may be charged. That was clearly the intention of Parliament. The proposals in the draft order are consistent with the primary power and with the assurances given to Parliament when the Bill was considered. This is not the first time the Government have sought to introduce enhanced fees, or fees that relate to the value of the issues at stake—it has been done for certain civil money claims, for example. We therefore do not consider the draft order to be an unexpected use of the section 180 power.

The SLSC further argued that—

Oral Answers to Questions

Matt Western Excerpts

Tuesday 18th December 2018 Commons Chamber

[Lucy Frazer]

We are concerned about the injury that is suffered, not the person’s profession. As I said, this measure will help people to access courts. The small claims limit for other money claims is £10,000, not £2,000, and people will still be able to get justice.

[Matt Western (Warwick and Leamington) (Lab)]

2. What estimate he has made of the number of people who become homeless immediately after being released from short prison sentences.

[Kerry McCarthy (Bristol East) (Lab)]

11. What estimate he has made of the number of people who become homeless immediately after being released from short prison sentences.

[The Minister of State, Ministry of Justice (Rory Stewart)]

Far too many people on short sentences—almost 35%—struggle to find suitable accommodation. That is why we are now focusing on a pilot in Bristol, Pentonville and Leeds. We not only want to get ex-offenders into accommodation, but are putting £6.4 million into ensuring that they have right kind of support, with up to five hours a week on life skills and financial management skills, and access the right services.

[Matt Western]

I thank the Minister for his response. A study done by the charity Revolving Doors estimates that there was a 25-fold increase between October 2016 and June 2018 in the number of prisoners sleeping rough who have served less than six months. Does that information embarrass the Government and the Minister?

Road Safety and the Legal Framework

Matt Western Excerpts

Tuesday 20th November 2018 Westminster Hall

[Ruth Cadbury]

I hope to be able to, but I realise that time is short, so I might not be able to go into the detail that my hon. Friend mentioned. He has just stepped down as chair of PACTS. I am also a member of PACTS, which has done an awful lot of excellent work in this place on road safety.

Due to the subjective nature of the definitions, too often we see the downgrading of cases from causing death by dangerous driving to other charges, simply because they are easier to prove. Using the term “careless” undermines and trivialises the gravitas of the offence and its impact on victims and their families. Cycling UK has done an excellent study called “Failure to see”, which expresses that stark difference in a range of different cases. I recommend that study to those involved in this subject.

[Matt Western (Warwick and Leamington) (Lab)]

Does my hon. Friend agree that there is increasing concern among road users, particularly cyclists and pedestrians, that greater numbers of cars are being fitted with tinted or almost smoked glass? That makes it incredibly difficult for other road users to see the face of the driver and know whether they have been seen and the driver is aware of the potential danger.

[Ruth Cadbury]

That is clearly of concern. My understanding is that there are standards for tinted glass, but whether all vehicle owners are abiding by those standards is an issue. Those cases need to be prosecuted, and we all know that the resources for finding those offences are declining.

The Government have said that they will create a new offence of causing serious injury by careless driving, and Ministers have said they will introduce new legislation as soon as parliamentary time allows. We look forward to that Bill. The charges and penalties for causing death or serious injury should be overhauled to ensure that prosecutors are not incentivised to opt for an easier won charge. We look to the Sentencing Council for that work, for which I believe the Ministry of Justice has responsibility. Overall, we ask for closer collaboration between the Ministry of Justice and the Department for Transport to ensure joined-up thinking on the definition of offences, with each consulted on the other’s work. I do not mind which Department leads; I just want to see action.

Finally, I will talk about driving bans. I agree with Brake that driving is a privilege, not a right, and that those who have shown disregard for the law should not be allowed to drive. We have a well-respected system of penalty points in this country, based on the expectation that people lose their licence when they reach 12 penalty points as they clearly have too often been driving dangerously, usually with speed violations. However, there is a loophole whereby many drivers who claim exceptional hardship in court manage to avoid losing their licence. That right is not accorded to most other offences with a risk to life, so the loophole should be closed. These people have already had a second chance in totting up points. The guidelines for magistrates need to be looked at in that respect.

In most high-risk occupations, someone’s licence to operate is removed immediately if there is a suspicion that they were responsible for an offence that causes death or serious injury. The same should occur for driving offences. Anyone arrested on suspicion of an offence that carries a mandatory driving ban should have their driving licence temporarily suspended until the case reaches a conclusion or is dropped. The advantages are that it keeps the issue out of court, is understandable, is instant and avoids the “innocent until proven guilty” problem. It would also have a deterrent effect. An alternative would be for anyone charged after killing or seriously injuring another to have their licence removed as a condition of bail. In the time it takes for a case to come to court, the driver charged can continue driving, potentially putting others in danger. The first option is the better one.

Thank you, Mr Betts. My colleague the hon. Member for Berwickshire, Roxburgh and Selkirk will cover the other issues.

--- Later in debate ---

[John Lamont]

My hon. Friend makes an excellent point. There are too many tragic cases like that involving our constituents. I will come to that point later in my contribution.

Failure to stop means a motorist was involved in an accident with another vehicle or person and was aware of the incident, but drove off anyway, with no thought about the damage or hurt caused. However, it can also be used as a means to escape a more serious punishment, such as if a drunk driver fails to stop in order to sober up. Failure to stop is a serious offence that should be treated seriously. It needs to end and we need to increase the maximum penalty to be in line with the maximum penalty for dangerous driving.

Another relatively simple measure to improve road safety would be to look at car-dooring. I think most cyclists are aware of the danger or have had to swerve to avoid a door opening in their path. I have had to do that on a number of occasions. I welcome the Government’s announcement that The Highway Code will be reviewed to include the so-called Dutch reach, where people open a car door with the hand furthest from the door. I hope that that will be included as a requirement so that learner drivers are taught it as a standard part of their lessons and test.

[Matt Western]

I congratulate the hon. Gentleman and my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) on securing this important debate this morning. Does the hon. Gentleman agree that the standardisation of helmet cams for cyclists and dashboard-mounted cams would provide the sort of evidence that could help bring to justice cases such as he has described in his speech?

[John Lamont]

I am grateful for that intervention. We should look at anything that can gather more evidence to help prosecutors. Ultimately we want to make our roads as safe as possible for all road users and deter irresponsible behaviour. If cameras contribute towards that, they would be beneficial.

However, we need to also look at whether a new offence needs to be created. Between 2011 and 2015, more than 3,100 people were recorded as being injured or killed as a result of a vehicle door being opened negligently, including cyclist Sam Harding, who was killed in August 2012 when a driver opened his plastic-tinted door in Sam’s path, knocking him under a bus. The maximum penalty for opening a car door negligently was a £1,000 fine, so the Crown Prosecution Service tried, unsuccessfully, to prosecute for manslaughter. The driver responsible received only a £200 fine. Clearly, this area of the law might not be working and needs to be reviewed.

--- Later in debate ---

[Matt Western (Warwick and Leamington) (Lab)]

I congratulate my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) on securing this debate. As we have heard, this is an increasing problem and an ever present danger on our roads. Just two months ago in my constituency, over a four-week period there were three deaths on our streets—Emscote Road, Radford Road and Banbury Road—and numerous road traffic accidents.

We have to change attitudes on how we view and use road space. As was mentioned by the hon. Member for Totnes (Dr Wollaston), we need to encourage more people to use the road space, while making provision for the safety of all users. These are not motorways; they are roads for all to use. Alongside introducing changes to the legal framework, we need to ensure that we are changing behaviour at the same time.

Clearly, there are many causes. There are increasing pressures in modern life—pressures to get to work and to get the kids to school, and so on—but there are also a greater number of delivery drivers. More and more people are using the internet to shop and there are more and more deliveries to home and so on. Many of those delivery drivers, in the new gig economy, are being forced to work at such a pace that they are perhaps less observant of regulations and other road users than they might ordinarily be. They are under more and more pressure. Likewise, new housing developments around our towns put more pressure on the central town area infrastructure, with insufficient capacity to deal with the additional road use.

We also see a lack of enforcement of speed limits on our streets, with fewer police and the removal of cameras. When I served on the county council, I and other Labour councillors introduced a speed watch programme. It was great, but wearing high visibility jackets was hardly a deterrent to people speeding in our towns.

I would welcome more 20 mph zones in our town centres, which would send out a very clear message for more measured speeds in our town centres. I would like to see tougher sentences on people who fail to stop—the existing six months for leaving the scene of a crime is ridiculous. Likewise, the loophole for those who have 12 points on their licence is quite ridiculous, given the seriousness of their convictions. Finally, is it acceptable to have insurance products that insure someone against losing their licence? I would say not.

Oral Answers to Questions

Matt Western Excerpts

Tuesday 31st October 2017 Commons Chamber

[Mr Lidington]

The Government are preparing their position ahead of the December meeting of the Committee of Ministers of the Council of Europe. We will announce any changes in our position to Parliament in the usual way.

[Matt Western (Warwick and Leamington) (Lab)]

T3. What steps are the Department taking to ensure that there is adequate funding for youth justice services in places such as Warwickshire, which has seen significant funding cuts?

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

We spend more than £200 million a year on youth justice and, as I outlined earlier, we are spending an additional £64 million on the custodial estate. We are conscious of the difficulties within the custodial estate, but this is about not just the estate, but the community, which is why I have commissioned a report on the value of sport to the criminal justice system, and especially young people, which will be published in the new year.