(9 years ago)
Written StatementsThe courts take money from offenders in a number of ways, including fines, the victim surcharge, compensation orders, prosecution costs and the criminal courts charge.
This array of penalties, fines and charges is complex and confusing. I have therefore asked my Department to review the entire structure, and purpose, of court-ordered financial impositions for offenders, in order to bring greater simplicity and clarity to the system.
This review will seek to achieve three goals: giving the judiciary greater discretion in setting financial impositions; making financial penalties a more effective tool in delivering improved noncustodial sentences; and ensuring that money raised through financial penalties plays an appropriate—and sustainable—role in supporting taxpayers to meet the costs of running the courts.
The review will consider how to ensure offenders make a fair contribution. The criminal courts charge was introduced in order to ensure that those who break the law make a financial contribution to the costs of seeing justice done.
The basic principle behind the policy—that those who have broken the law should bear some of the costs of running the criminal courts—is right. However, as the Justice Select Committee set out in its recent report, there have been concerns raised about how this has worked in practice.
I am today laying in Parliament an amending statutory instrument which will mean that, as of 24 December, the criminal courts charge will no longer be imposed. Our review will consider alternative ways of ensuring that criminals pay their fair share.
[HCWS355]
(9 years ago)
Written StatementsSocial reform is at the heart of this Government’s programme, and nowhere is that more true than in criminal justice.
We are embarking on a radical reform of our prisons to rehabilitate offenders, cut crime and enhance public safety. Investment for nine new prisons, which will have better facilities for work and education, has already been announced.
Today I can also announce a new beginning for female offenders with women prisoners serving their sentences in more humane surroundings better designed to keep them out of crime. We will close the inadequate and antiquated Holloway prison and invest in 21st-century solutions to the problems of criminality.
For women offenders in London, we are now in a position to hold them on remand in the more modern facilities at HMP Bronzefield. We will also reopen newly refurbished facilities at HMP Downview as a women’s prison later next year. This will allow sentenced women to be held in an environment that is more appropriate for many of those currently sent to Holloway. Both provide a better setting for children visiting their mothers. Both are well located with good transport links to London.
I am very grateful to the hard-working staff in the prison who have deservedly won praise for their work. Despite their inspirational efforts, Holloway’s design and physical state do not provide the best environment for the rehabilitation of women offenders. Her Majesty’s chief inspector of prisons last published inspection of Holloway noted that the
“size and poor design make it a very difficult establishment to run”.
I am extremely mindful that Holloway holds many vulnerable women. For that reason, no one will be moved immediately and we will not close the prison until services similar to those currently provided for women offenders are in place elsewhere. We expect the prison to close by summer next year.
The closure of Holloway underlines our determination to invest in a high-quality, modern prison estate with better facilities to help prisoners turn away from crime.
[HCWS326]
(9 years, 1 month ago)
Commons Chamber1. What his policy is on the level of autonomy provided to prison governors; and if he will make a statement.
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.
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?
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.
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?
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.
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?
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.
Given the rising trend of suicide in prisons, what advice is being given to governors to allay this serious problem?
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.
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.
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.
2. When he plans to launch his consultation on plans to repeal the Human Rights Act 1998.
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.
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?
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.
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.
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.
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?
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.]
T1. If he will make a statement on his departmental responsibilities.
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.
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?
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.
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?
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?
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.
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?
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.
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?
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?
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.
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?
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?
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.
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?
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?
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.
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?
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?
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.
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?
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?
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.
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?
(9 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
(Urgent Question): To ask the Secretary of State if he will withdraw from the contract for training needs analysis with the Saudi penal system in the light of recent concerns, particularly the cases of Mohammed al-Nimr, Raif Badawi and Karl Andree?
I thank the hon. Gentleman for his question. It is important that the resources of the Ministry of Justice are targeted at our programme of domestic public service reform, so, as has previously been announced, we have wound up the work that Just Solutions International, the commercial arm of the National Offender Management Service, has been engaged in. This is in line with our ambition to ensure that the Department’s resources are firmly focused on our domestic priorities. On the commercial work that Just Solutions International had been engaged in with Saudi Arabia, as the House is aware, the final bid was submitted this April, but discussions have been going on since then. We have now reviewed the issue further and decided to withdraw our bid.
The power of the urgent question. What a pity, though, that once again a Secretary of State has to be dragged before the House and that what he said was not volunteered by way of ministerial statement. The Secretary of State is trying to establish a reputation as a prison reformer, and now perhaps as a champion of human rights as well. That would be highly commendable and would be better if our prisons were not in a downward spiral of violence, idleness and despair and if the right hon. Gentleman were not intent on repealing the Human Rights Act.
On 25 September, the Leader of the Opposition wrote to the Prime Minister, raising the case of Mohammed al-Nimr. The Secretary of State will be aware that Mr al-Nimr was 17 when he was arrested for peaceful protest and sentenced to death by beheading and then crucifixion. Three weeks later, the Leader of the Opposition is yet to receive a response. That letter also asked for the ending of the contract, so perhaps that response could now be forthcoming. More importantly, Mr al-Nimr remains in solitary confinement, awaiting execution.
The case of Raif Badawi—a blogger sentenced to 1,000 lashes and 10 years in prison for criticising the Saudi regime—is similarly shocking, and today we add to the list the case of Mr Karl Andree. Mr Andree is a 74-year-old British citizen from south London who has been sentenced to 350 lashes by the Saudi Government after spending more than a year in custody. I do not know whether the Secretary of State heard the interview on the “Today” programme this morning with Mr Andree’s youngest son, Simon, which was all the more powerful for being rational and understated. He said there was no doubt in the family’s mind that 350 lashes would kill his father, who needs medical care for his cancer, which he has had three times, and his asthma. Simon said:
“I think my father is at the bottom of the list and the bottom of the pecking order”,
when it comes to the Government. He continued:
“I feel that all the business dealings with Saudi Arabia and the UK are probably taking priority over it. All I can say is that the primary responsibility of the British Government is to their citizens. He is a British citizen and I ask the Government to plead for clemency, for him to be released.”
Will the Secretary of State therefore go further—welcome though his comments were—and explain why the Government ever contemplated entering such a contract; why the reasons for continuing the contract were initially given as “commercial considerations”, subsequently corrected to the “wider interests” of Her Majesty’s Government; why the Prime Minister has not responded to the letter from the Leader of the Opposition; and what is being done in each of the three specific cases I have raised?
We know that these are not isolated cases. Indeed, guidance given to British prisoners in Saudi says that the death penalty can be imposed for a wide range of offences,
“including murder, rape, armed robbery, repeated drug use, apostasy, adultery, witchcraft and sorcery and can be carried out by beheading with a sword, stoning or firing squad, followed by crucifixion.”
Amnesty International says that at least 175 people have been executed in the last year. It is simply not good enough that human rights get no regard. Of course this is a balancing act, but in the end, the Secretary of State has to take responsibility and he needs to answer the further questions I have put to him today.
I thank the hon. Gentleman for raising these serious issues and for the appropriately sombre and serious way in which he couched his questions. First, this Government take very seriously questions of human rights, and in particular the obligation to protect the human rights of British citizens abroad. That is why the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East (Mr Ellwood), who has responsibility for the middle east, has been talking to Mr Andree’s family, and it is also why the Government have been interceding at the highest level in all three of the cases that the hon. Gentleman raises.
It is important that that sensitive and diplomatic work is carried on in circumstances that ensure that we can influence not just the Saudi Government, but other Governments, in a way that allows them to make progress in a manner consistent with ensuring that our case can be made effectively. That is why I believe that the actions of the Minister for the middle east—and indeed those of the Foreign Secretary and the diplomatic service—in ensuring that human rights considerations can be carried forward have been right and wise.
It is also important to bear in mind that there is security co-operation between Britain and Saudi Arabia, which has, as the Prime Minister and others have pointed out, saved British lives in the past. We would never compromise our commitment to human rights, but we must also recognise that it is in the interests of the most important human right of all—the right to live in safety and security—that we should continue with necessary security co-operation with the Saudi and other Governments.
The hon. Gentleman asks why no letter of reply was written to the Leader of the Opposition. I can only apologise for any delay in writing to him, and I hope that today’s statement goes some way to raising the concerns that he understandably raised in his party conference speech and in correspondence. More broadly, I want to assure the hon. Gentleman and the House that the whole focus of the Ministry of Justice will be on maintaining the rule of law, upholding human rights and making sure that our citizens are protected effectively with a justice system in which all can take pride and have confidence.
The Lord Chancellor is to be congratulated on his decision. I and fellow members of the Justice Committee welcome it warmly. It reinforces Britain’s status on justice and human rights matters. It also proportionately and sensibly continues the necessary work that we need to do on security matters with Saudi Arabia. My right hon. Friend has got the balance right, which some Opposition Members did not do when they were in office.
I am grateful to the Chairman of the Select Committee for making that point. Governments always have to balance the vital importance of upholding human rights with necessary security considerations, and I am grateful to my hon. Friend for the confidence he places in the Government’s decision in this case.
The power of the urgent question indeed. This is a victory, if we believe press reports, for the Secretary of State himself, but also for the Gulf Centre for Human Rights, which has been vociferous in challenging the decision.
This is not, of course, an easy issue. The contract was being negotiated against a backdrop of a Government who have beheaded more people than Daesh, who are about to lash a British pensioner 350 times, potentially crucify a teenager and have sentenced a blogger to a slow death sentence, so I can genuinely understand why a Government would seek to involve themselves in changing how they manage the justice system. However, questions need to be asked about the whole approach to and relationship with Saudi Arabia, and about why the Government have dropped abolishing the death penalty as a priority in their international work abroad. What assistance did this Government give to the Government of Saudi Arabia so that they could chair a committee on human rights within the United Nations? Why did the British Government sanction flags flying at half-mast when the King of Saudi Arabia died—something that the Scottish Conservative leader Ruth Davidson called
“a steaming pile of nonsense”?
I welcome today’s move, but this cannot be the end of our examination of our relationship with Saudi Arabia. One thing the Justice Secretary could do would be to place all papers relating to this deal in the public domain, so that Parliament can examine them retrospectively.
I am grateful to the hon. Gentleman for his detailed questions. Some, of course, strayed into diplomatic matters, which are not the responsibility of the Ministry of Justice, but I can confirm that whenever any monarch of any country dies, the flag is flown at half-mast. It is a long-standing convention—one that has been honoured in the past and continues to be honoured.
The hon. Gentleman’s broader point about the administration of justice within Saudi Arabia was well made. We have profound concerns about the respect accorded to human rights within Saudi Arabia, but it is also the case—I must stress this—that the most effective way of ensuring that human rights progress can be made in Saudi Arabia, both for its citizens and for others, is to allow the Foreign Office to continue its diplomatic work, which balances the strong relationships built up over time with an absolute insistence that in all countries and at all times, we oppose the death penalty. We will never resile from that.
Deny it though he might, many are left with the impression that this decision has been guided more by my right hon. Friend’s rather caustic personal view of Saudi Arabia than by any legitimate concerns of his Department’s policy on justice. Is it not the case that when we look at a country’s judicial system of which we do not in many respects approve, engagement is far better than disengagement, and that disengagement may be a comfortable moral position, but can lead to no progress whatsoever?
I take my right hon. Friend’s comments very seriously. He is absolutely right to say that constructive engagement with Governments like Saudi Arabia’s is always the wisest course. However, it is also the case that there is always a balance to be struck in the nature of the engagement that we make. The decision was made across Government that the Just Solutions International branch of the National Offender Management Service should be wound up, and this decision is consequent on that cross-Government decision.
As I have said before at the Dispatch Box, it is vital that we support the Foreign Office, its skilled diplomats and its excellent Ministers in the work that they continue to do to influence not just the Saudi Government, but other Governments who are considering how they can improve their own domestic human rights record and, indeed, promote the rule of law.
Is it not almost farcical that the Saudi ambassador to the United Nations is actually chairing a panel that selects officials to decide on human rights violations? I am not aware that the United Kingdom has protested about that; it was probably a party to the appointment.
Is it not also the case that the Saudi Government do not take too seriously the various disapprovals expressed occasionally by Ministers, because they know that Britain will continue to sell arms on a substantial scale to a country where executions occur, as we heard from my hon. Friend the Member for Hammersmith (Andy Slaughter)? Britain’s dealings with that state do not present a very pretty picture.
The hon. Gentleman has made two points. The first relates to the involvement of Saudi Arabia in the United Nations. Again, I should stress that this is a matter for another Department. However, I think that we should encourage the involvement of countries in international institutions when we can bring pressure and influence to bear on them to meet higher standards when it comes to the rule of law and human rights. That is an ongoing process; it is a dialogue.
In the same spirit, I should also stress that there are, of course, individual British companies that do business in Saudi Arabia, and there are shared security interests as well. Any responsible Government will always want to balance those interests with standing up for and making the case for progress in the realm of human rights, and that has been the consistent policy of this Government.
I congratulate my right hon. Friend on being an example of a Secretary of State who has made a decision because, quite simply, it was the right thing to do. Can he reassure the House that in future, when that difficult balance is being struck between our legitimate security and foreign policy considerations and the needs of human rights, those human rights needs may be placed slightly higher in the mix than they have been in the past under Governments of all colours?
My right hon. Friend has made a characteristically wise point, and I absolutely agree with him. It is important that we put the interests of advancing human rights at the heart of everything that the Government do, and that is one of the reasons why I am pleased that my hon. Friend the Member for Esher and Walton (Mr Raab), is the Minister responsible for civil liberties, has revised the way in which the Ministry of Justice engages internationally in order to ensure that human rights enjoy greater prominence.
The Secretary of State has made exactly the right decision today. He has done the right thing, and I think it important for him, in particular, to be given credit for having done it. In order better to inform the debate about the very difficult balancing act that he has had to perform—along with his ministerial colleagues—will he now consider publishing the documents behind this deal? In particular, will he publish the memorandum of understanding that was signed by his Ministry and the Home Office with Saudi authorities in March this year?
I am grateful to the right hon. Gentleman for his generous words, but I must stress that this is a cross-Government decision. It was reached after discussion across Government, and it is a shared, collective decision of the whole Government. It is, of course, in that spirit that I entirely understand why the right hon. Gentleman would like further and better particulars. However, I must also respect the nature of diplomatic engagement. It is necessarily the case, and understandable, that when we are seeking to influence countries to act in a way which we believe to be in their interests but which may ultimately involve a change of policy at any given point, we wish to maintain confidence in the nature of that relationship, and that means that such conversations must sometimes remain confidential.
I warmly congratulate my right hon. Friend. I think that he speaks for the House when he articulates the reasons for this decision. As he will know, the United Kingdom was recently voted the No. 1 nation in the world for “soft power”, partly owing to an acceptance across the world that we are not willing to be complicit in, or tacitly support, egregious abuses of human rights, including those perpetrated by the Wahhabi-dominated Saudi regime. Will my right hon. Friend confirm that we will keep under review all actions to signal our disapproval of its conduct, including the most robust actions in the future?
Let me absolutely emphasise that the Minister for the middle east and the Foreign Secretary make representations regularly not just to the Saudi Government, but to other Governments whose behaviour gives us cause for concern in respect of human rights matters. However, as my hon. Friend acknowledged in his question, there is always a balance to be struck by the Government between—quite rightly—standing up for human rights, and recognising our broader security and other relationships which help to keep British citizens safe.
When answering questions put by the Foreign Affairs Committee the other week, the permanent secretary to the Foreign Office said that human rights were fairly low down in the list of priorities, or certainly not as far up as the Secretary of State suggests. The UK’s College of Policing provides training courses for Saudi police. What training is being given, and at what price?
The right hon. Lady’s record of commitment in advancing human rights globally is second to none in this place. I should stress that I am not a Foreign Office Minister, but it is clear to me from all my dealings with the Foreign Office that it places advancing the cause of human rights and protecting fundamental freedoms at the heart of British diplomacy. We are guided by our values first. However, when we are co-operating with countries across the world, it is important for us to recognise—even as we argue first and foremost for respect for human rights—that there are shared security concerns. I think that the particular work that is undertaken in relation to policing, although another Government Department is responsible for it, falls fairly and squarely into that category.
I am sure that everyone in the Chamber would agree that the Saudi penal system needs reform. Having made his decision, will the Secretary of State outline what he thinks the Government’s future strategy should be in relation to improving that penal system, and, indeed, other similar systems around the world?
I think it important that we continue to work diplomatically to encourage countries not only to improve their penal systems, but to improve their respect for the rule of law. One of the activities in which the Foreign Office is most energetic is ensuring that the strong relationships that have been nurtured over years by our diplomats and Ministers are used to reinforce and encourage progress and reform in all the countries with which we have relationships.
I welcome the Secretary of State’s decision, but will he also have discussions with the Foreign Secretary? I listened to Karl Andree’s son on the “Today” programme this morning, and it was clear from what he said that the Foreign Office’s interpretation of “regular visits” was not what he thought his father was receiving. Can we take greater care that our prisoners abroad are looked after properly?
I understand from my hon. Friend the Minister for the middle east, who has taken a very close personal interest in this case, that he has been and will continue to be in touch with the family, and I know that every resource that we have to help Mr Andree is being deployed.
We rightly condemn barbaric regimes with which we have no relationship whatsoever, but Saudi Arabia is clearly a key ally in the middle east. As a friend, we have more influence. Will my right hon. Friend ensure that the House sends the message that the barbaric treatment of British people in Saudi prisons is unacceptable, and that he uses his influence to improve the prison system in Saudi Arabia?
Our diplomats, operating in our embassy in Saudi Arabia, regularly visit any British citizens who may find themselves caught up in conflict or in the Saudi Arabia criminal justice system, and, as well as providing that consular support, we obviously exercise whatever diplomatic influence we can. However, my hon. Friend is right to stress that the broader security co-operation between Saudi Arabia and the United Kingdom is friendly, and that it is in the interests of our citizens for it to be maintained so that we can safeguard their security.
The Secretary of State has taken a sensible decision today. He also rightly pointed out that Britain’s role internationally is to encourage other countries to respect the rule of law and that our diplomats spend a lot of time campaigning against the death penalty. However, the rule of law in Saudi Arabia includes amputations and floggings. What will Britain do to try to encourage those countries whose law permits cruel and unusual punishment as part of their justice system to stop it, because that is not justice?
The right hon. Lady makes a powerful point. It is important to recognise that Saudi Arabia is a deeply conservative country and is going through a period of transition. We want to encourage that transition and modernisation within that country while at the same time respecting the nature of any diplomatic conversation and any diplomatic relationship. That is why it is right that the Foreign Office—its diplomats and Ministers—continue the good work they are doing in encouraging the Saudi regime to adopt a more modern approach.
The Secretary of State has explained very clearly this difficult balancing act. I want to know how it works in practice, because we have to work with countries whose human rights records we not approve of, but how do we actually approach this? Do we talk one to one? How is this actually done?
We engage with the Saudi Government on every level. Of course it is the case that we have regular daily diplomatic contact. Consular support is given to British citizens in Saudi Arabia, too. It is also the case that there is contact at ministerial level and head of Government level. As my hon. Friend recognised, there is a balance to be struck, and it must be guided first of all by Britain’s national interest, which resides in keeping our citizens safe, but also in standing up for the values our citizens believe in and would like us to promote.
The Justice Secretary says the Government were interceding in the cases raised by my hon. Friend the Member for Hammersmith (Andy Slaughter). In the case of Raif Badawi, could the Secretary of State find out why the prosecutors are now asking for a retrial with a possible death sentence?
That is a very important point, and the Foreign Office are in discussions with the Saudi Government about precisely that case.
The Telegraph has reported in the last few minutes that the Foreign Office has been assured that the flogging will not be carried out. Can the Secretary of State clarify matters in that regard?
It was always the case that our Foreign Office was seeking to ensure that no flogging would be carried out, and it is also important to stress that, understandably, press and media reporting of these events can sometimes be affected by strong emotional feelings, but it is also the case that even as these strong emotional feelings and powerful voices are raised, quietly and behind the scenes our diplomats and Foreign Ministers are working hard to safeguard the interests of British citizens, and we should be glad that the skills of our diplomats are being deployed in order to safeguard our citizens’ interests.
I have made several representations to both the Prime Minister and the Foreign Office—I am glad to see the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for Bournemouth East (Mr Ellwood), in the Chamber—over the case of Ali Mohammed al-Nimr. I have yet to receive a reply. This young man is still due to be brutally executed by beheading and crucifixion. Would the Secretary of State perhaps like to comment on this case now within the context of the Saudi prison contract, and also in light of numerous brutal and repeated human rights abuses within Saudi, such as that of Mohammed al-Nimr, not to mention the fact that one person is executed every two days, often by gruesome and medieval methods? There is also the growing number of civilian deaths in Yemen by air strikes conducted by the Saudi Arabia-led coalition. I am wondering—and others will be as well—how the Government can continue to have such a close, intertwined relationship with the Saudis. [Interruption.] What can the Secretary of State tell us today to reassure people that the Government will not continue to support and facilitate human rights abuses? I have heard in the Chamber as well that safety and security—[Interruption.]
Order. I have been very fair—some would say indulgent—to the hon. Lady. She must accept that her oration—it was more of an oration than a question—is, for now, over, but we thank her for what she said.
We both know, Mr Speaker, that the hon. Lady feels very strongly about this issue and has raised it on a number of occasions. I am glad to say that my hon. Friend the Minister for the middle east would be delighted to talk to her outside the Chamber to update her. There have been specific domestic reasons why, in Saudi Arabia, we have not had all the conversations we might have wanted to, but we continue at every point to ensure we make the case that we believe the death penalty is wrong.
If I and the House heard the hon. Member for Corby (Tom Pursglove) correctly, and if he is correct in his understanding, the barbaric flogging which has occasioned much interest today will not now take place, and I do not think the Secretary of State demurred from that observation.
My hon. Friend the Member for Corby (Tom Pursglove) is at an advantage in that he has information that I do not have, but that is my understanding and that was what the Government were working towards.
I am most grateful to the Secretary of State for what he has said and to colleagues for participating in this exchange.
Bills presented
Housing and Planning
Presentation and First Reading (Standing Order No. 57)
Mr Secretary Greg Clark, supported by the Prime Minister, Mr Chancellor of the Exchequer, Secretary Theresa May, Secretary Michael Gove, Secretary Sajid Javid, Secretary Iain Duncan Smith, Secretary Patrick McLoughlin, Secretary Elizabeth Truss, Mr Marcus Jones and Brandon Lewis, presented a Bill to make provision about housing, estate agents, rent charges, planning and compulsory purchase.
Bill read the First time; to be read a Second time tomorrow; and to be printed (Bill 75) with explanatory notes (Bill 75—EN).
Negligence and Damages
Presentation and First Reading (Standing Order No. 57)
Mr Andy McDonald presented a Bill to make provision about liability for negligence in relation to psychiatric illness; to amend the law relating to damages in respect of personal injuries and death; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 4 December; and to be printed (Bill 76).
(9 years, 3 months ago)
Written StatementsIn recent years we have seen a significant and welcome reduction in the number of young people entering the youth justice system. However, little progress has been made in reducing reoffending, with 67% of young people leaving custody reoffending within a year.
The time is right to examine our approach to tackling youth offending. We need to consider whether the current system, which was created in 2000, remains able to meet the challenges we face in 2015.
It is vital that we seize the opportunity to rehabilitate young people who have offended, to steer them away from a life of crime, and to set them on a more positive course which will benefit both them and society.
For this reason Charlie Taylor will lead a departmental review of the youth justice system. Charlie is the former Chief Executive of the National College of Teaching and Leadership, the former head teacher of an outstanding school for children with complex behavioural, emotional and social difficulties, and an expert in managing young people’s behaviour. His experience and expertise in working with children with severe behavioural difficulties give him a real understanding of the wider challenges in preventing youth offending, and I am confident he will bring a fresh perspective and energy to the task.
As part of the review Charlie will look at the evidence and current practice in preventing youth crime and rehabilitating young offenders; he will explore how the youth justice system can most effectively interact with wider services for children and young people; and he will consider whether the current arrangements are fit for purpose.
The review will report in the summer of next year.
The terms of reference for the review will be placed in the Libraries of both Houses.
[HCWS190]
(9 years, 3 months ago)
Written StatementsWe have more than 80,000 adults in our custody. One of the most important things we can do once they are inside the prison walls is to make sure that they get the literacy and numeracy skills they need to make them employable and positive contributors to society once released. For those serving longer sentences, education and training is a key part of their rehabilitation.
We must have the right incentives for prisoners to learn and for prison staff to make sure that education is properly prioritised. I want to see prisoners motivated to engage in their own learning and Governors with the right tools to be more demanding and creative about the education provided in the prisons they run.
I have seen some excellent examples of innovation and visionary organisations providing prisoners with education opportunities and qualifications they actually need to help secure a job on release. But I want to see more.
That is why I have asked Dame Sally Coates to lead a review of the provision of education in prisons.
Dame Sally has a wealth of experience in working with pupils in inner-city schools and in taking decisive action to improve schools’ performance. She took charge of Burlington Danes Academy when it became an Ark school, leading it from special measures to outstanding in all areas. In her current role as Director of Academies South for United Learning she oversees the provision of education in 16 academies and seven independent schools. She recently carried out a review of teaching standards for the Department for Education and I know she will inject fresh thinking into the neglected area of prison education so that many more offenders’ lives can be turned around.
Dame Sally will be supported by a panel of people who have delivered outstanding secondary education, experts in further and higher education, employers, representatives from Ofsted, senior officials from the Ministry of Justice, the National Offender Management Service and the Department for Business, Innovation and Skills as well as experienced frontline prison staff. Together they will work with Dame Sally to explore how we can significantly improve education for all prisoners.
They will also investigate how the quality and methods of prison teaching can be improved including in classrooms and workshops, how prisoners can be encouraged to positively engage with learning and the potential for employers to advise on the curriculum to ensure that prisons offer the right courses and qualifications to enable prisoners to secure jobs on release.
I want this review to happen at pace so I have asked Dame Sally to make recommendations by spring next year.
A copy of the terms of reference for the review will be placed in the Libraries of both Houses.
[HCWS178]
(9 years, 3 months ago)
Commons Chamber17. What recent steps he has taken to improve the provision of education in prisons; and if he will make a statement.
Improving the education of prisoners is key to rehabilitation, but Ofsted inspections have revealed that one in five prisons has an inadequate standard of education provision, and that another two fifths require improvement. That is why, as we announced in this morning’s written ministerial statement, I have asked Dame Sally Coates to chair a review of the quality of education in prisons. The review will report in March 2016.
Does my right hon. Friend agree that improving the literacy and numeracy of offenders is vital to increasing their employability and, with that, their opportunity to make a contribution to society?
My hon. Friend is absolutely right. The levels of literacy and numeracy of many offenders in the system are far too low. If we can transform that and provide them with the skills to hold down a meaningful job, they can be genuine assets to our society rather than liabilities.
What role does my right hon. Friend think that new and outside providers could play in improving educational opportunities and outcomes in our prisons?
There are some formidable organisations that want to improve the quality of education in our prisons. In my previous role as Education Secretary, I saw how a wider diversity of education suppliers can help to raise standards for all, and particularly for the most disadvantaged. I would like to see the same reforming vigour applied to the education of offenders.
I welcome the written ministerial statement that the Secretary of State mentioned earlier. He will be aware that some prisons, in addition to educating their inmates, provide educational opportunities whereby outside people come into the prison to help and give ex-offenders jobs when they leave. That is a way of preventing prisoners from reoffending, but the practice is declining. Will my right hon. Friend look into this, please?
My hon. Friend makes a good point. One aspect of Dame Sally’s critically important review will cover engagement with employers. I am delighted that the chief executive of Timpson, one of the most inspirational organisations employing ex-offenders, is part of the team that will help Dame Sally to ensure that education, employability and rehabilitation are all operating together.
I thank my right hon. Friend for his answers so far. Does he agree that the current provision of education in prisons, which seems to centre on the awarding of certificates, is insufficient and that we need to move towards a system in which the curriculum is written jointly with employers and focused on employment? Will he therefore consider connecting education in Her Majesty’s prisons to Lord Baker’s career colleges initiative?
My hon. Friend is absolutely right. Offenders often feel that they have to complete courses in order to secure release, and that those courses are simply boxes to be ticked and do not contribute to their employability. He is right to suggest that the visionary work carried out by Lord Baker to improve the quality of vocational education more broadly can help to inform what we give to offenders to give them a second chance.
In a Prisoners Education Trust survey, 83% of prisoners said that access to the virtual campus was poor. That is hardly surprising, given that prison staffing levels have fallen almost 30% since 2010. If the Secretary of State really wants to improve education provision in prisons, what is he going to do address that?
The hon. Lady makes an important point about access to the virtual campus facilities. One of the reasons for the reduction in prison staff is that a number of prisons have been closed as part of the modernisation programme that took place under my predecessor. I had the opportunity yesterday to talk to the governor of a young offenders institution who is taking steps to ensure that all the young offenders for whom he is responsible have access to virtual learning platforms. I would like to see how we can more effectively integrate cutting-edge technology with the provision of education for offenders.
21. The Secretary of State is right to stress the importance of education in helping to stop reoffending, but he seems to be completely unaware that classes are frequently cancelled and that wings are closed and locked down because of the shortage of prison officers. Will he now accept that the Government were wrong to cut the number of prison officers in the way that they have?
A significant number of new and talented entrants to the Prison Service have been recruited. I am confident that if we give governors, in particular, a greater degree of operational flexibility, we will be able to tackle some of the problems that the hon. Lady rightly identifies.
Does the Minister agree that all Governments, all Ministers and all parties have failed to do very much of significance in prison education? When I chaired the Select Committee on Education and Skills, we looked at this issue. I hope the new inquiry, which I welcome, will look at that because our recommendations are still relevant today. Is he aware that children with special educational needs, and particularly those with autism, often end up in prison? Will he examine the work of the Shannon Trust, which tackles the issue of literacy in prisons and gets prisoners teaching prisoners?
The Shannon Trust work is excellent and I am happy to commend it to the House. The work it does—its Toe by Toe programme—ensuring that prisoners can mentor others and help them to read is exemplary. The hon. Gentleman’s broader point is right; if we look back at the past, we see that we have not placed sufficient emphasis on ensuring that when prisoners are in custody we give them the tools to transform their lives for the better. That is absolutely vital and I know that he agrees with me on treating offenders as potential assets—as people who can contribute—rather than concentrating exclusively on the mistakes they have made in the past.
I very much welcome Sally Coates’s review and look forward to its findings. The Secretary of State will know that Ofsted says that outstanding learning cannot possibly be provided in prisons that are dangerous, violent and not safe. He needs to think about the fact that serious attacks on prison officers have risen by a third in the past year, with many prison officers working day in, day out in fear. I am talking about inexperienced staff; he has recruited many, but they are unencumbered by experience. Drugs and understaffing are endemic in the system. He mind find those issues trickier to deal with, but what is he doing urgently to address them? Without addressing them, he will not achieve his aim of improving education.
Those are very fair points from the hon. Lady. She is absolutely right about the increase in the number of incidents of violence in our jails. One factor driving that is the presence of new psychoactive substances—what have sometimes been called “legal highs” but are more properly, as the Under-Secretary of State for Justice, my hon. Friend the Member for South West Bedfordshire (Andrew Selous) has pointed out, called lethal highs. One thing that my right hon. Friend the Minister for Policing, Crime and Criminal Justice has done is introduce legislation in the Psychoactive Substances Bill, which I know has cross-party support and will help to deal with that. She is also right in saying that we need to ensure that the appropriate training and support is in place for prison officers. They put their security on the line every day to keep the rest of us safe, and everything we can do—for example, extending the roll-out of body-worn cameras—to ensure that their security is at the heart of our prison estate is worthwhile.
That is probably the best answer I have had from a Secretary of State on the issue of prison officer safety, on what must be the 20th time of raising it, and we will hold him to the moves he has promised to make. But what happens inside prisons is only half the story. Will he ensure that the review examines continuity of learning on release? I ask that because I am concerned that, following the chaotic sell-off of probation, offenders are not being adequately supervised, risk-assessed or monitored. He knows that Sodexo has already laid off 600 staff, many of whom had good experience in providing offenders with suitable skills and learning placements.
The hon. Lady is absolutely right to say that the transforming rehabilitation programme needs to be scrutinised very closely. I have had the benefit of talking to the trade unions that represent not just Sodexo employees but employees from across probation, and they have raised a number of genuine concerns, which I hope we can meet. More broadly, the opportunity to appoint a new chief inspector of probation, and indeed a new chief inspector of prisons, arises—the closing date for applications is this Friday. The current incumbents of both posts have done an excellent job, but it is really important that we have high-quality people who will hold to account the organisations responsible for the fate of offenders and ex-offenders.
I welcome the appointment of Dame Sally and her review, and the emphasis that the Secretary of State placed upon rehabilitation in prison when he appeared before the Select Committee on Justice. Will he ensure not only that Dame Sally’s work is linked in with the work done by Lord Harris of Haringey in his excellent report on the philosophy, in effect, of rehabilitation in prisons, but that we look at the expertise of not only the Prison Service, but those outside it in dealing with the raft of multiple issues that these offenders suffer?
I absolutely agree. Lord Harris’s report was a sobering reminder of the problems we face in our prison estate in managing some very vulnerable people who engage in self-harm and, in some cases, suicide. The recommendations that he made are receiving proper consideration in our Department. More broadly, the point that the Chair of the Select Committee makes about engaging outside organisations is at the heart of the transforming rehabilitation programme. The extension of new powers to community rehabilitation companies, which my predecessor introduced, will increasingly bear fruit in the months to come.
Seventy-one per cent of women entering prison do not have any qualifications, so what assessment has the Secretary of State made of the tailored curriculum plan that was introduced in October 2014?
The hon. Lady is absolutely right. One of my principal concerns is that far too often the courses that have been offered and the qualifications that have been available to women in prison have not reflected the genuine needs—the circumstances that led them into offending in the first place or the needs that they have when they leave custody. One thing that Dame Sally will be looking at is exactly what needs to change, and there are no options off the table.
In the days of the coalition I discovered as prisons Minister that the budget for prison education was held in a Department led by our coalition ally. The result was that it became very difficult to achieve the objective of getting the commissioning of education in prisons into the hands of prison governors. Does the Secretary of State now have sufficient control to achieve that objective?
My hon. Friend was an excellent prisons Minister, and he is absolutely right that we need to give the governors greater control. The response that I have received both from the Secretary of State at the Department for Business, Innovation and Skills and the Minister for Skills, the hon. Member for Grantham and Stamford (Nick Boles), has been hugely encouraging. Obviously, we have Offenders’ Learning and Skills Service contracts—the contracts that govern spending in prisons at the moment—which need to be honoured, but I hope that we might be able to move at pace to devolving responsibility to individual governors.
2. When he plans to open a consultation on proposals for a British Bill of Rights.
T2. If he will make a statement on his departmental responsibilities.
I wanted to take this opportunity to thank the leadership of the criminal solicitors profession and the criminal Bar in England and Wales. Over the course of the summer, they felt it necessary to take action to show that they had legitimate concerns about the operation of reforms to legal aid. Thanks to the constructive dialogue that we have had with them and with Ministry of Justice civil servants, we are now in talks to ensure that access to justice can be enhanced and, at the same time, that the quality of advocacy improves.
According to newspaper reports, people recently subjected to the £150 basic criminal courts charge, which was introduced by the Secretary of State’s predecessor, on top of other penalties included a man who stole three bottles of baby milk and a homeless man who stole a bottle of Red Bull. Will the Secretary of State agree to an urgent review of the effect of that ludicrous charge on the recovery of compensation for victims, the pressure it puts on people to plead guilty, and its straightforward iniquity?
I have been made aware of widespread concern about the operation of the criminal courts charge, but it is important to stress that the charge is levied or taken from the offender only after other fines have been paid. It is important that the legislation is understood as having made it clear that the charge should be linked to ability to pay—the payment of that charge in due course should be linked to the offender’s means. We are going to review the criminal courts charge, but it is important not to rush to judgment, because we have to ensure that a change that was made and approved by the House in order to ensure that our justice system is fair, and that those who offended pay their way, is given time to bed in, so that we can form an appropriate judgment in due course.
T3. Skegness court is one of the most underused in the country and one of the least able to cope with vulnerable prisoners. I am not sentimental about the building, but will the Minister assure me that we can still dispense justice locally in Skegness, perhaps in another facility?
T4. The National Audit Office has estimated that between 160,000 and 220,000 careworkers are illegally paid below the national minimum wage, but if they seek redress, those workers, without money, are expected to pay hundreds of pounds in employment tribunal fees. Does the Secretary of State accept that his Department’s tribunal fee policy makes a mockery of the Prime Minister talking tough on poverty pay?
I take the hon. Gentleman’s concerns very seriously. The Prime Minister last month made it clear that we will put in place new enforcement mechanisms to ensure that all employers live up to their responsibility to pay an appropriate wage for the job. That enforcement mechanism and that investigatory mechanism will ensure that those people, whom the hon. Gentleman and I both care about, are paid the right rate for the job.
T5. Will the Minister with responsibility for prisons tell the House when the inquiry that is currently being held into allegations of a prisoner from Chelmsford prison engaging in sexual activity in an NHS hospital will be concluded? If the allegations, which were published in The Sun newspaper, are proved to be true, what action will be taken against the prison officers who were meant to be keeping an eye on that prisoner?
The Secretary of State will no doubt be aware that in their programme for government 2015-16 the Scottish Government said that they would abolish employment tribunal fees using powers to be devolved under the Scotland Bill. Will he now recognise that the introduction of those fees has prevented access to justice and follow the Scottish Government’s lead by abolishing those fees across the UK so that all workers in the UK can afford to have their cases heard?
I look forward to seeing what happens in Scotland as a result of devolution. One of the great things about devolution is that different parts of the UK have the opportunity to do different things and we can all learn from one another. For that reason, I was absolutely delighted when the First Minister of Scotland just last week adopted our policy on primary and secondary school testing after years when the gap between rich and poor in Scotland had grown wider and the gap between rich and poor elsewhere had narrowed. At last the SNP are learning from what this Government have achieved.
The National Audit Office, the Public Accounts Committee and the Select Committee on Justice have been critical of the Government’s lack of understanding of the knock-on costs of their reforms to legal aid. Is it not now time that the Government reviewed them to ensure that cost shunting does not happen and that effective justice is available to those who need it?
Let me take this opportunity to congratulate the hon. Lady on her election as Chairman of the Public Accounts Committee. I know she will do that job brilliantly. She is absolutely right: changes to legal aid touch on the very heart of the principles of equal access to justice that we all hold dear. That is why I have been in intense talks with representatives from both the Bar and the solicitors’ profession in order to ensure that we can maintain access to justice and enhance the quality of advocacy in our courts.
(9 years, 5 months ago)
Written StatementsWith the concurrence of the Lord Chief Justice, I will today publish the second annual report of the Judicial Conduct Investigations Office (JCIO). The JCIO provides support to the Lord Chief Justice and myself in our joint responsibility for the system of judicial complaints and discipline.
Over the past year the JCIO received 2432 complaints and 613 written enquiries, with 75 complaints resulting in disciplinary action. A first substantive response was provided within 15 working days in 98% of all cases and regular monthly updates given to all parties in 97% of cases.
Copies of the report are available in the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies of the report are also available on the internet at:
http://www.gov.uk/publications/judicialcomplaints. judiciary.htm.
[HCWS140]
(9 years, 5 months ago)
Written StatementsWe are today publishing the independent review report into self-inflicted deaths of young adults aged 18 to 24 in National Offender Management Service (NOMS) prison custody. The review, announced to this House on 6 February 2014 by the coalition Government, was carried out by the Independent Advisory Panel on Deaths in Custody under the leadership of Lord Harris of Haringey.
I wish to thank Lord Harris of Haringey and the independent advisory panel for their work on this important review. Every death in custody is a tragedy. I thank the families of those who have taken their own lives, who gave evidence to this review in order to help avoid this happening to another family.
The independent report makes wide-ranging recommendations about the care and management of vulnerable young adults in custody to reduce the risk of future deaths. We will consider these carefully and respond to the report in the autumn.
[HCWS75]
(9 years, 5 months ago)
Commons Chamber14. What his plans are for the future of rehabilitation services for prisoners; and if he will make a statement.
May I begin by praising the work of my predecessor to improve the rehabilitation of offenders? Thanks to his reforming zeal, we have broadened the range of people providing and benefiting from rehabilitation, but there is still much more to do.
I thank the Secretary of State for his reply and for the great work to support the rehabilitation of offenders to give them a second chance. Will he assure me that that rehabilitation will never be appropriate in cases such as the brutal murder of Telford teenager Georgia Williams?
Absolutely. May I emphasise that, with heinous crimes such as the appalling murder of Georgia Williams, judges have the freedom to impose whole-life orders? One was imposed on the killer in that terrible case.
Clean Sheet and Footprints are two charities in Dorset supporting ex-offenders into work and reducing the risk of reoffending. What steps is my right hon. Friend taking to support such charities and to ensure that offenders leave prison ready to face the world of work?
I commend my hon. Friend for raising the work of those two voluntary sector organisations. Without the work of voluntary and third sector organisations, we would not be able to provide the educational and rehabilitative services that enable people who are currently in our prisons to have a second chance.
It is not just voluntary services that have a role to play, but private businesses such as Marks & Spencer, and indeed other well known department stores. Does my right hon. Friend agree that we should encourage private enterprise to help in the rehabilitation of offenders to get them back to work?
I absolutely agree—that is a very good point. May I single out for praise the John Lewis Partnership, which does such a fantastic job in helping people from a variety of backgrounds to be all they can be? I stress that there are other organisations, such as Greggs the bakers and, of course, Timpson, the shoe and key repair firm. John Timpson’s leadership in providing ex-offenders with a second chance is exemplary.
Given that 12% of the prison population are sex offenders, including many in the prison in Stafford, what specific rehabilitation work is being done for sex offenders?
The excellent work that is done in Stafford prison is close to my hon. Friend’s heart, and he is absolutely right. We need to make use of the most sophisticated means that psychologists can devise to help people to tackle the problems that led them to offend. I had the opportunity earlier this week to talk to the psychologist in charge of that work at the National Offender Management Service, and to guarantee her all support in the weeks and months ahead in dealing with those terrible crimes.
23. Lord Laming is inquiring into looked-after children and the criminal justice system. As well as rehabilitation, what is the Justice Secretary doing to help youngsters who have been in care to avoid a life in crime?
I welcome Herbert Laming’s work. He has been an inspirational figure in social work. He is right to draw attention to the high number of male and particularly female offenders in our jails who spent their lives in care. Working with the Education Secretary and the Minister for Children and Families, who has responsibility for children in care, I hope we can work on the reforms of the coalition Government to ensure that more children in dysfunctional homes can be adopted and fostered quickly, and that there are better educational outcomes for children who have to spend their lives in care.
Does the Secretary of State agree that central to reducing crime rates overall is reducing the rate of reoffending? Does he therefore also agree that to cut rehabilitative services, and funding for them, ultimately would be counter- productive in the long term?
The hon. Gentleman is a distinguished barrister and historian and is absolutely right, because the historical record shows that, overall as a country, we have been very poor at reducing the rate of recidivism. We need to ensure that, both in our prisons and afterwards, we have high-quality services provided by professionals who know how to change the behaviour of individuals who deserve a second chance.
I congratulate the Lord Chancellor on his recent appointment. He looked very impressive in his new robes, if I may say so.
Thirty-five per cent. of prisoners have a drug addiction and 6% acquire that addiction while in prison. What specific help is being given to those with a drug addiction when they come out of prison?
I congratulate the right hon. Gentleman on his re-election as Chairman of the Home Affairs Committee. He did an exemplary job in the previous Parliament and I know he will do a very good job in this Parliament. May I also thank him for his kind words about my dress sense? When it comes to cutting a sartorial dash, there are few who can match him.
The right hon. Gentleman is absolutely right that drug addiction is one of the principal factors that lead individuals to commit crime. It is also the case that there is an unacceptable level of drug use, both of illegal drugs and so-called legal highs, in our prisons. We are determined to ensure that the psychological support currently available in prison, and the support rehabilitation companies can provide for individuals who are drug-addicted, is enhanced so that individuals can be weaned off a habit that brings misery to themselves and to their victims.
Does the Secretary of State agree that an important part of rehabilitation is the nature of the custodial arrangements we make for our prisoners? He will have seen yesterday’s announcement by the Scottish Government on their plans to reform the custodial arrangements for female offenders in Scotland. Will he commit to considering a similar approach as he reforms the prison estate in England and Wales?
Both our jurisdictions have a great deal to learn from one another. I am very grateful to the hon. and learned Lady for mentioning that, and for the very constructive tone she took in last week’s Westminster Hall debate on these issues. I hope to have the chance to visit prisons in Scotland soon and to talk to the Scottish Justice Minister about some of these issues.
3. What plans he has for the future of the court estate in Gloucestershire.
9. What plans he has for reform of the youth justice system; and if he will make a statement.
There has been a welcome decline over the past few years in the number of young offenders, but we know that more needs to be done to prevent young people being drawn into crime. We are committed to preventing youth offending and supporting young people to turn their back on crime.
The number of young people behind bars is indeed falling, but the latest figures show that the number of white children in custody has fallen at twice the rate of that for those from ethnic minorities. What is the Justice Secretary doing to ensure that we help all young people to turn their lives around, regardless of race or background?
The hon. Lady makes a very important point. As we discussed earlier in this questions session, there is often a link between circumstances of deprivation and a propensity to offend among young people. Sadly, far too many people from black and minority ethnic backgrounds grow up in homes where they do not have the stability, support and love that all of us think every young person should have. We need to do more to intervene long before young people fall into the hands of the justice system. Working with the Department for Education, I hope we can improve the way in which we support families, support the family courts and support the care system to look after damaged and fragile young people.
Consistently, Labour Members, along with charities such as the National Society for the Prevention of Cruelty to Children, have argued that the idea of a secure college for young offenders is fundamentally wrong. Will the Justice Secretary indicate whether he has yet decided to drop his plans?
An interesting and pithy response, but it does not take us forward, does it? We all agree that education should play a central role in rehabilitation, but spending £85 million on a new prison of this kind is not the best way to help young offenders. The Chancellor of the Exchequer has expressed misgivings about these plans, so will the Justice Secretary tell us, here and now, whether the project will be cancelled?
The hon. Gentleman makes some characteristically effective points, and of course I was listening very carefully.
11. What progress he has made on reform of the courts system.
Thanks to the leadership shown by our judiciary—in particular, by Sir Brian Leveson—we are now in a position to reform access to justice comprehensively.
I am grateful to the Secretary of State for that answer. Lowestoft magistrates court plays an important role in providing local access to justice in north-east Suffolk. Will he meet local users and me to agree on the steps that need to be taken to ensure that the court continues to play that role into the long term?
I would be delighted to meet my hon. Friend and those who have benefited from the administration of justice in the part of Suffolk he represents, but it is important to recognise that a third of our courts and tribunals are used less than 50% of the time. We do need to reform our court estate, but we can do so and improve access to justice by taking a 21st-century approach to ensuring that justice is served.
Cuts to legal aid have meant that lots of our constituents are finding it even more difficult to access justice, and often they are the most vulnerable constituents who come to see us at our surgeries as a result. What is the new Justice Secretary going to do to make sure that those individuals get access to justice?
We are going to review the operation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Act that transformed and reformed our legal aid landscape. We are also, as I have today, going to ask the very richest in the justice system to do a little bit more. One thing that struck me is that there are people in senior solicitors’ firms and in our best chambers who are not doing enough, given how well they have done out of the legal system, to support the very poorest—they need to do more.
Does my right hon. Friend agree that to have a more efficient courts service we need a more efficient listing system, and that to get that we need to take more of our existing courts and put them into fewer buildings and to have more efficiency in the use of technology?
My hon. Friend is, not for the first or for the last time, absolutely right. He was a great Justice Minister and he is absolutely on the button when he makes the point that we need a more efficient administration of justice in the interests of victims, witnesses and taxpayers.
The Lord Chancellor has indeed had something to say about the reform of the court system this morning. May I say “Well done” for spotting the gaping inequality in the justice system that his predecessor has created? Did he have in mind the 89% fall in social welfare legal aid cases under the previous Government—legal aid for the very poorest—or his own further cut in criminal legal aid announced last week? The president of the Law Society said that that cut could
“undermine the criminal justice system to the point that it may no longer deliver fair outcomes.”
As usual, I am grateful to the hon. Gentleman for the generous and bipartisan tone in which he conducts these exchanges. I am also grateful to him for drawing attention to some of the reforms that we have made to reduce the amount spent on legal aid. When his colleague and friend the right hon. Member for Tooting (Sadiq Khan) was the shadow Justice Secretary, he made the point that the amount that the previous Labour Government spent on legal aid was unsustainable. We will review the reforms that we have made to ensure that we can maintain access to justice and also safeguard the interests of victims, witnesses and taxpayers.
12. What recent discussions he has had on the treatment of people with mental health issues in the criminal justice system.
16. What discussions he has had with the Scottish Government on the future of the Human Rights Act 1998.
I am due to meet the Justice Minister in the Scottish Government next week.
I welcome that news. The Minister will be aware that the Scottish Parliament voted by 100 votes to 10 to endorse the Human Rights Act last year, and that parties representing 58 of the 59 Scottish Westminster seats are against the repeal. Will the Minister make a commitment to not imposing the repeal on Scotland against the will of our people?
I welcome the hon. Lady to her place, not just as the Member of Parliament who represents my parents, but as a Member of Parliament who was educated at the same school as me. She makes a very powerful point about the range of opinions in support of safeguarding, enhancing and indeed modernising our human rights in this country. I shall look forward to engaging with the Scottish National party and others, but I think it is important to stress that in this United Kingdom Parliament, human rights are a reserved matter, and parties that support reform of the Human Rights Act secured more than 50% of the votes at the last general election.
T1. If he will make a statement on his departmental responsibilities.
Today I was able to confirm that the Ministry of Justice will throw its full weight behind the reform programme for Her Majesty’s Courts and Tribunals Service, led so ably by the Lord Chief Justice and supported by Sir Brian Leveson and the whole Judicial Executive Board.
I welcome the news that my right hon. Friend the Lord Chancellor shares my concern about issues in our courts that could lead to a two-tier justice system. As he will be aware, in Devon insufficient bids were received for the new legal aid contract for advice at police stations. Will he agree to meet me and representatives of the profession to discuss the specific issues that have led to that situation, such as the geography of the area, and how they can be resolved?
I would be delighted to meet my hon. Friend. It is very important that we ensure that in rural areas such as Devon everyone has access to the justice they deserve.
T2. In Lancashire almost one third of domestic abuse victims at multi-agency risk assessment conferences are repeat victims. Anecdotally, many perpetrators are repeat offenders, but no statistics are available on that. What action is the Minister taking to identify repeat and serious perpetrators of domestic abuse?
Will my right hon. Friend look carefully again at the workings of the European arrest warrant following the announcements last night from London and from Kigali, Rwanda, and the misuse of the process by a junior Spanish judge for political rather than judicial purposes?
Few people know more about, or are more committed to, the welfare of the Rwandan people than my right hon. Friend, and few Members of this House are more committed to due process and human rights, so I take very seriously the points that he raises. I will look very closely at this case and report back to him.
T4. Could the Secretary of State explain exactly what is his policy towards the European convention on human rights and the European Court of Human Rights? On the one hand, he says that he supports the convention; on the other, he says that all decisions must be made in British courts. If all decisions are made in British courts, then the role of the European Court of Human Rights will be an utter irrelevance to Britain, and British people will therefore be denied the right of access to a treaty obligation that we signed in 1948.
May I, on behalf of everyone on the Government Benches, congratulate the hon. Gentleman on making it on to the ballot for the Labour leadership? Had he required any more signatures, I would have been happy to defect in order to ensure that a full spectrum of views was behind him. He makes a very important point. We want to ensure that people’s access to human rights is enhanced as a result of legislative changes that we make.
T6. Yesterday it emerged that the Secretary of State was considering making it more difficult to get hold of official documents under freedom of information rules. I recall that the previous Cabinet Minister, the now noble Lord Maude, suggested that open data should replace freedom of information. Will the Secretary of State clarify whether he has any plans whatsoever to amend the Freedom of Information Act 2000, and if so, what he has to hide?
I think we do need to revisit the Freedom of Information Act. It is absolutely vital that we ensure that the advice that civil servants give to Ministers of whatever Government is protected so that civil servants can speak candidly and offer advice in order to ensure that Ministers do not make mistakes. There has been a worrying tendency in our courts and elsewhere to erode the protections for that safe space for policy advice, and I think it absolutely needs to be asserted. There is no contradiction between making sure that we give civil servants the protection they deserve and also ensuring that the data—for example, the amount we spend in any Government Department—are more transparent than ever.
I welcome the Under-Secretary of State for Women and Equalities and Family Justice, my hon. Friend the Member for Gosport (Caroline Dinenage) to her new position. Does she agree about the importance of maintaining family ties and ensuring the rehabilitation of female offenders, as exemplified by the hard work undertaken at Foston Hall ladies prison in my constituency?
T8. Following the question asked by the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) on freedom of information, does the Secretary of State intend to introduce legislation on proposals to price out FOI requests and extend the ministerial veto, which my party would oppose, and will he give us a timetable for that?
We want to review the operation of the original Freedom of Information Act. Some of the judgments that have been made have actually run contrary to the spirit of the original Act, and some of those behind the original Act, including former Prime Minister Tony Blair and the Home Secretary who introduced the legislation, Jack Straw, have been very clear about the defects in the way in which the Act has operated. It is vital that we get back to the founding principles of freedom of information. Citizens should have access to data and they should know what is done in their name and about the money that is spent in their name, but it is also vital that the conversations between Ministers and civil servants are protected in the interests of good government.
Do Ministers agree that a British Bill of Rights is an important step towards ensuring that the matter of votes for prisoners remains a matter for this House to decide, and that the best way of rehabilitating offenders is through a good job and education, not political gimmicks?
Does the Secretary of State’s apparent commitment to access to justice for everybody in this country mean that he will reverse the cuts made by the previous Government to that very same access to justice?
We are committed to reviewing the reforms to legal aid, but I have to stress that it was the Labour party’s former justice spokesman, the right hon. Member for Tooting (Sadiq Khan), who made it clear during the last Parliament that levels of spending on legal aid were unsustainable under the last Government and we needed to reform. After all, as the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) told us, there was no money left.
In March I brought the families of Ross and Claire Simons, who were horrifically killed in my constituency by a dangerous driver, to meet the Prime Minister to discuss the maximum sentence for death by dangerous driving, which is currently 14 years. In this particular case, the dangerous driver was given 11 years, which could be brought down to five years as a result of good behaviour. The Prime Minister made a commitment to the families to contact the then Justice Secretary to ensure that the Government looked seriously at extending the maximum sentence. Will the Secretary of State please look at this case once more?
The Lord Chancellor has suggested that there will be a further reorganisation of the court estate. How many courts does he anticipate being included, and given the number of courts that the coalition Government closed that are still lying empty and costing the taxpayer millions of pounds, can he assure us that there will be better value for the taxpayer this time round?
We suspect that a significant number of additional courts will have to close, and I will make sure that Parliament is fully informed about that process in due course. The hon. Gentleman makes a good point. We need to make sure that we get value for money from the disposal of those buildings, and decisions that have been made in the past suggest that the Ministry of Justice has not always done the right thing when investing in the court estate.
All the statistics demonstrate that a significant number of people with mental health needs end up in prison. Is the Minister really content that there is sufficient treatment for those in prison? She has said that she is in dialogue with the Department of Health. Does she not have the same suspicion as me that if we had more effective treatment in the general community, fewer people with mental health problems would end up in prison?
The coalition Government increased the transparency of government by requiring Ministers to report on their meetings with outside organisations. Is the Justice Secretary not embarrassed that he now wants to reduce Government transparency by strengthening the ministerial veto on freedom of information requests?
I enjoyed serving in the coalition Government alongside the right hon. Gentleman, and I welcome him back to the House.
It is absolutely right that people should know who Ministers meet and which lobby groups and others take up ministerial time, but I hope the right hon. Gentleman would agree that it is vital that we protect civil servants by making sure that they can give full and frank advice. Sometimes, as well as respecting transparency, we have to respect confidentiality. We have a duty of care towards those in the civil service who do such a good job of supporting Ministers.
Ministers will be aware of the incident last week at Killingholme, in my constituency, when 51 illegal immigrants were apprehended following a successful operation by Border Force. They were dispersed to detention centres throughout the country. Can the Secretary of State assure me that adequate provision will be made for future incidents of this type, and that the legal process will not in any way hinder their speedy deportation?
I am grateful to my hon. Friend for raising that case. It is vital that we ensure that there is appropriate provision for people who have been taking advantage of our generosity. I will therefore work with the Home Secretary to ensure that we have the facilities necessary to deal with situations such as the one that my hon. Friend’s constituents have had to face.
The Government recently announced that they were going ahead with a further 8.75% fee cut to criminal legal aid, the second in a year. The existing system, especially the online Crown Commercial Service system, is already wholly inadequate. What justification is there for further cuts, other than to further reduce access to justice for those most in need?