Oral Answers to Questions

Michael Gove Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Andrew Rosindell (Romford) (Con)]

1. What his policy is on the level of autonomy provided to prison governors; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Michael Gove)]

I believe that prisons need a new and unremitting emphasis on rehabilitation and redemption. The best way to secure that is to give greater freedoms to prison governors. I would like to give governors more flexibility in managing their budgets and overseeing work and education in custody. With greater freedom must come sharper accountability, so that governors are held to account for their prison’s performance.

[Andrew Rosindell]

Does the Secretary of State agree that a central cause of criminal behaviour and violence within prisons is an inherent sense of disfranchisement from society? What steps will he take in implementing his reforms to encourage prison governors to instil a sense of British pride, national belonging and responsibility to the wider nation?

[Michael Gove]

My hon. Friend makes a characteristically acute point. It is vital that prison governors are given the right tools, particularly the capacity to play a greater role in deciding what curriculum prisoners follow, to ensure that prisoners, like any school student, have the chance, through the provision of great education, to appreciate the history of liberties that is so important to our country and our criminal justice system.

[Mr David Hanson (Delyn) (Lab)]

I am pleased that the Justice Secretary has said that accountability remains important. Will he consider how we can strengthen prison boards through more community involvement to give local direction to local decisions, while retaining accountability to the director general of the Prison Service and to Ministers?

[Michael Gove]

The right hon. Gentleman makes a very good point. It is not only independent monitoring boards that are vital; a strong inspectorate is vital too. He is absolutely right that accountability to the local community matters. Only when prisons are rooted in their communities and forge the sorts of links that ensure that offenders go on to work and contribute to their communities on release can we make sure that prisons fulfil their task of rehabilitation effectively.

[Philip Davies (Shipley) (Con)]

Prison governors already have a great role to play in deciding whether somebody should be released on parole, yet nothing is ever fed back to the governors, or anybody else for that matter, to determine whether their judgment was good or flawed. How can we give prison governors more discretion in decisions over whether prisoners should be released when we have no idea whether those prisoners go on to reoffend?

[Michael Gove]

My hon. Friend will be aware that there is a vacancy for the chair of the Parole Board. I would encourage him to—[Interruption.] I encourage others to apply for that post who can ensure that we have a much more rigorous and evidence-led approach to reviewing the grant of parole.

[John Pugh (Southport) (LD)]

Given the rising trend of suicide in prisons, what advice is being given to governors to allay this serious problem?

[Michael Gove]

This is a very serious problem and the hon. Gentleman is right to raise it. The work that Lord Harris of Haringey has done on self-inflicted deaths in prison has provided a series of recommendations that we are considering as part of our prison reform programme. More broadly, we are aware that the increased use of psychoactive substances in prison is leading to increased levels of self-harm and harm to others. The Psychoactive Substances Bill, which is being taken forward by my right hon. Friend the Minister for Policing, Crime and Criminal Justice, will play a considerable part in ensuring that our prisons are safer places.

[Jenny Chapman (Darlington) (Lab)]

Having listened carefully to the last reply, I should say that psychoactive substances are not the only factor. We broadly support the Secretary of State’s aim to increase governor autonomy. I have long believed that governors are the best at finding new ways to reduce reoffending. The big problem that he has—he cannot just blame it on psychoactive substances—is that prisons are becoming very dangerous. So far this year, there have been 95 suicides and seven murders in our prisons. Is it not time that he took a fundamentally new approach? Have not the last six years been a wasted opportunity, dogged by petty interference from the centre? We look forward to him changing that.

[Michael Gove]

The hon. Lady is right to raise that point. One of the ministerial team’s biggest concerns is the incidence of violence and disorder in many prisons. As she acknowledges, giving prison governors a greater degree of autonomy is critical to changing things, as is a proper understanding of the mix of offenders in our prisons. As the balance of traffic through the courts has changed, a number of offenders who have violent pasts pose particular risks in prison, and we must ensure that prison officers are provided with the tools that they need to keep themselves and others safe. Those will sometimes be technical tools such as body-worn cameras, which are supported by my ministerial colleagues, but sometimes it is about ensuring that people have the support and training that they need to do their job well.

[Callum McCaig (Aberdeen South) (SNP)]

2. When he plans to launch his consultation on plans to repeal the Human Rights Act 1998.

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[The Lord Chancellor and Secretary of State for Justice (Michael Gove)]

It is right that we find better ways to pay the costs of running our criminal courts, and the introduction of this charge has made it possible to recover some of the costs from offenders, which reduces the burden on taxpayers. The Government are, of course, keeping the operation of the criminal courts charge under review.

[Tulip Siddiq]

The Secretary of State will be aware of disturbing case studies highlighted by campaigners such as the Howard League showing that this charge is putting pressure on people to plead guilty in order to avoid legal costs, thereby restricting access to a free trial. I am pleased to hear that he is reviewing the charge, but will he admit that signing off such an absurd policy should not have happened in the first place?

[Michael Gove]

I am grateful to the hon. Lady for raising this issue, because I know that concerns have been expressed across the House and, indeed, by members of the magistracy and the judiciary, as well as by pressure groups such as the Howard League. That is why we are reviewing the operation of the charge. It is important to stress, however, that our justice system already creates a number of incentives for those who enter early guilty pleas, in order to ensure that the wheels of justice can run more smoothly, but I will continue to listen to the points that the hon. Lady and others make.

[Craig Mackinlay (South Thanet) (Con)]

Has my right hon. Friend had the opportunity to review collection rates of the criminal court charge, a system that is wholly despised by the lay magistracy? The concerns go beyond inherent unfairness; there are worries that bailiffs will chase debts that will simply be written off and never collected.

[Michael Gove]

My hon. Friend makes a characteristically pungent point. He is right to say that we have listened to a number of representations from representatives of the magistracy, but we have to balance those concerns against other judgments as well.

[Andy Slaughter (Hammersmith) (Lab)]

May I help the Secretary of State on the issue of collection? Earlier this year, the courts Minister told me that the minimum net sum that would be raised by the criminal courts charge in this Parliament would be £265 million. Last night, the Chair of the Justice Committee told the BBC that, as well as distorting the criminal justice system for most defendants and sentences, it may well run at a loss. The Secretary of State does not need to review the charge; it is worthless as well as dangerous. Should he not just scrap it now?

[Michael Gove]

I believe in evidence-led policy and it is important that we should look at not just the evidence from the magistracy, but, as the hon. Gentleman points out, the collection rate. The criminal courts charge is generating revenue, which helps ensure that the taxpayer is not the first port of call for supporting the way in which our courts operate, but it is important that we balance all the criteria in making a judgment on the review of the charge. [Interruption.]

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

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Michael Gove)]

As this is national pro bono week, may I take this opportunity to congratulate and applaud the solicitors and barristers who do so much to represent individuals for free? In particular, may I draw attention to the fact that Baroness Lawrence is paying tribute this week to the lawyers who acted for her pro bono in securing justice for her son Stephen? They have proved that the law is not just a profession, but a vocation for justice.

[Susan Elan Jones]

Many of us were very pleased when, 546 days ago, the Government announced a full review of driving offences and penalties, but we were rather less pleased that it was 546 days ago, and we still have not seen the results of the review. May we please have a date on which we will be able to receive them?

[Michael Gove]

The hon. Lady makes an important point, but it is vital that we look at sentencing in the round to make sure that we make balanced judgments. One of the problems we have sometimes had in the past is that new offences have been created and new sentencing frameworks have been laid down that have led to confusion rather than clarity, and we want to ensure we have swift and certain justice.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T2. What safeguards and guidelines are in place for the probation service regarding the category of residents at approved premises or bail hostels that are located within residential areas and within one mile of a school?

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[Andy Slaughter (Hammersmith) (Lab)]

It looks likely that by the end of today 90 solicitor firms and 70 of the 85 bidding areas across the country will have started proceedings against the Legal Aid Agency over the award of criminal legal aid contracts. Given that we know, thanks to a whistleblower, that the tendering process was run by junior temporary staff with “very limited” legal training, does the Secretary of State agree with the Criminal Law Solicitors Association chair that if the Government

“were trying to handle it badly”,

they

“couldn’t have done a better job”,

and what chance does he think he has of winning those cases?

[Michael Gove]

It is rare that I ever disagree with the CLSA, but on this occasion I have to differ. The individual referred to as a whistleblower is merely one voice. The voices I have heard from many others, including those who have received their contracts, is that this was a well-run process in the tradition that the LAA has upheld for many years now.

[Andy Slaughter]

Turning from the chaos in the courts to the chaos in our prisons, the Secretary of State will agree with me that prison officers are doing an exceptional job in the most difficult of circumstances. Yesterday I met officers here who told me that, as one put it, as a result of the cuts in funding imposed so far,

“prison officer numbers have been cut to levels where prisoners are taking over the prisons.”

When we see that serious assaults on staff have risen by 42% in the last year, is he not right?

[Michael Gove]

I find myself distressingly often these days agreeing with the hon. Gentleman that our prison officers do a fantastic job. I value the meetings I have with them and the feedback they give me. We have recruited 420 new prison officers in the last 12 months. Of course we keep safety and security in our establishments under review, but as I explained earlier we are taking steps on the use of technology and also on the increased powers that governors will have which I hope will make our prison estate safer and more secure for everyone.

[Alberto Costa (South Leicestershire) (Con)]

T4. In evidence to the Justice Committee in July, the Secretary of State confirmed that his Department would be undertaking a review of the Legal Services Act 2007. Can he please confirm today if a date has been set for that review, and if not when the date of the review will be set?

[Mr Douglas Carswell (Clacton) (UKIP)]

T3. Yesterday the Prime Minister announced changes to Government policy regarding the use of special guardianship orders. What assurances can the Minister give that this will not inhibit the ability of loving grandparents to assume legal responsibility for their grandchildren?

[Michael Gove]

I am grateful to the hon. Gentleman for that question. I know he has been campaigning very effectively on increased transparency in the family courts. One of the points the Prime Minister sought to make yesterday is that sometimes special guardianship or other kinship choices will be absolutely right, but there have been cases where special guardianship orders have been granted to grandparents and others who have had limited, and in some cases no, contact beforehand with the child placed in their care, so we do need to keep the system under review.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

T6. Does the Minister agree that specialist courts for crimes with high reoffending rates like drugs and sexual offences can offer a number of benefits if implemented correctly, not only by reducing those reoffending rates but also by more sensitive handling of vulnerable witnesses, which can lead to better evidence and fewer cases collapsing?

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[Neil Carmichael (Stroud) (Con)]

T7. Rehabilitation is likely to be on a smoother path if prisoners have access to good education in custody. What steps is the Department taking, in conjunction with the Department for Business, Innovation and Skills, to ensure that maths and English are promoted within prisons?

[Michael Gove]

My hon. Friend makes a good point. I am inclined to take a leaf out of the Education Secretary’s book here. In a speech she is making today, she is making the point that we need to reform our testing system to know how well children are performing when they enter school and when they leave primary school. In our prison estate, we should have tighter monitoring of the educational attainment of prisoners when they arrive in custody and when they leave. I am delighted that we are ad idem.

[Anne McLaughlin (Glasgow North East) (SNP)]

T9. Legal aid was withdrawn from refugees who safely reached these shores and needed to be reunited with their families because this was deemed to be a straightforward process. The British Red Cross report entitled “Not So Straightforward” indicates that that is not the case. Has the Secretary of State read the report? Will the Government reintroduce legal aid or will they simplify the process so that legal aid is not required and the process in in fact straightforward?

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[Chris Skidmore (Kingswood) (Con)]

T10. The Secretary of State has spoken about achieving swift and certain justice for the families of the victims of dangerous driving. Along with the families of Ross and Clare Simons, who were tragically killed in an incident in my constituency in January 2013, I have been campaigning for the maximum sentence to be raised from 14 years to life imprisonment. Will the Secretary of State meet my constituents and a delegation of interested MPs to discuss this issue?

[Michael Gove]

My hon. Friend has been a particularly assiduous campaigner in respect of this heartbreaking case, and of course I would be delighted to meet him and other colleagues who want to make sure that the law can be changed appropriately.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

The Minister will be aware of the case of Tara Hudson, the transgender woman who was placed in a men’s prison and then moved to a women’s prison on Friday. Can he explain why it has taken so long to get Tara moved? Will he clarify the guidelines for sentencing procedures for transgender prisoners?

[Mark Menzies (Fylde) (Con)]

Jobs, Friends and Houses is an award-winning initiative on the Fylde coast, which provides ex-offenders with real opportunities to work in the building trade. Will the Secretary of State join me in congratulating it on its excellent work and seek to support it and other such endeavours in the future?

[Michael Gove]

I am grateful to my hon. Friend for bringing that fantastic campaign to the attention of the House. In three simple phrases, he and the organisation sum up what ex-offenders need: work, strong relationships and a place to live.

[John Cryer (Leyton and Wanstead) (Lab)]

Earlier, the Secretary of State mentioned the recruitment of prison officers. I think that the figure of 420 was used, but that is against a background of a 25% cut in prison officers in the previous Parliament. What is the current shortfall?

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[Alex Chalk (Cheltenham) (Con)]

Whether or not the criminal courts charge survives in the long term, will the Secretary of State give the most careful and timely consideration in the short term to giving discretion to judges and magistrates as to whether it should be imposed so that they can do justice in the instant case?

[Michael Gove]

As I acknowledged earlier, the criminal courts charge is a cause of concern across the House, but it is also important that we maintain a balance between the funding of our courts coming from the taxpayer and that coming from those who use our courts. My hon. Friend makes a valuable submission on which I shall reflect.

[Ian Lavery (Wansbeck) (Lab)]

HMP Northumberland, like many other prisons, is awash with the legal high, spice. It is creating a really dangerous environment for prison officers and offenders alike. What action is the Minister taking to tackle that very dangerous situation?