Draft Immigration Skills Charge (Amendment) Regulations 2022
Sarah Dines Excerpts(1 year, 7 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)
I beg to move,
That the Committee has considered the draft Immigration Skills Charge (Amendment) Regulations 2022.
The immigration skills charge was introduced in April 2017. Its aim is to incentivise businesses in the UK to take a long-term view of investment and training in the domestic workforce. It is designed to address historical under-investment in the training of domestic workers by UK employers, and to deter some from turning to immigration as a cheaper alternative.
The charge is paid by employers seeking to sponsor migrants on a skilled worker visa or a global business mobility visa as a senior or specialist worker. The charge is paid up front when the employer sponsors a worker’s visa, and is automatically calculated based on the dates provided by the employer. It applies at a rate of £1,000 per migrant per year for large businesses, with a reduced rate of £364 for small businesses and charities.
In the last fiscal year, the charge raised approximately £349 million. Although the income raised is not additional funding for skills, it helps to maintain the existing skills budgets across the United Kingdom, and is consistent with the Government’s view that immigration must not be seen as a silver bullet to deal with skills needs in our economy. As education and skills are devolved matters, the income raised also helps to maintain funding levels for each of the devolved nations. It is distributed between England, Scotland, Wales and Northern Ireland using the formula devised by Lord Barnett.
Let us turn to the purpose of these technical regulations. Although it remains important that the charge be applied to most employers who use labour from outside the UK to fill their skills needs, there are good reasons to make specific exceptions. For example, workers are exempt if they are entering the UK for under six months, because they are then unlikely to be filling a job arising from a skills shortage.
These regulations will make two new cohorts exempt from the charge. The first of these is scale-up workers. In August this year, we launched the new scale-up visa. This enables UK businesses experiencing sustained high growth to attract top international talent and enhance the wider skills ecosystem. That visa was never intended to be subject to the immigration skills charge, as it focused on facilitating rapid recruitment and reducing the burden for UK businesses undergoing sustained high growth. This route provides workers with highly flexible conditions, including access to the wider labour market without sponsorship after six months. Consequently, the initial sponsoring employer should not be subject to the charge. As things stand, however, the route falls within the scope of the charge due to the wording of the current legislation. Sponsors of scale-up workers currently benefit from a waiver of the charge, but these regulations will codify the position by formally exempting them.
Secondly, I shall deal with the EU intra-company worker exemption. The second cohort to be exempt from the charge is EU workers who are undertaking intra-company assignments under the terms of the UK-EU trade and co-operation agreement. That agreement was ratified by Parliament on 30 December 2020. It secured preferential trading arrangements between the UK and the EU. One such accord was that neither party would apply taxes or charges, of a type such as the immigration skills charge, to workers undertaking intra-company assignments within the terms of the agreement. Both parties committed to dropping such taxes and charges no later than 1 January 2023. This is a legal requirement that is enforceable under international law. Accordingly, these regulations make the appropriate exemption for EU businesses sponsoring such workers.
Shailesh Vara (North West Cambridgeshire) (Con)
Can the Minister assure us that the EU is complying with its obligations?
Miss Dines
I understand that there is regular discussion on the issue and we are being afforded the same treatment. It is quite right to look at that, because we must make sure that this agreement is enforced equally, and that the UK and the EU are in equal partnership.
In conclusion, the immigration skills charge plays a valuable role in our immigration system. It encourages UK businesses to use domestic labour where they can, and to invest in skills when they are in short supply, but it is important that we make exemptions to the charge when there are sufficiently good reasons to do so. The regulations will support UK scale-up businesses in competing in the global market for the skills needed to continue their rapid growth. They will ensure that we deliver on an important trade commitment to our partners in the EU, and thereby secure reciprocal treatment for British workers undertaking business assignments throughout Europe. I commend the regulations to the Committee.
Miss Dines
I thank the hon. Gentleman for his submission. I remind him and the Committee that the UK economy is vibrant, and attracts lots of investment and, necessarily, business from abroad. There needs to be a careful balance. This is a very well thought-out change in regulations. On the money that has been raised, as I mentioned earlier, the skills charge has raised £349 million. That goes directly to supporting domestic training across the country, throughout the four nations.
It is welcome that the Opposition will not oppose these measures. The changes should not really come as a surprise, because one of the waivers granted is already being informally implemented. This is just carrying on with the status quo; there is no huge change. I am surprised that the Opposition might have wanted to oppose the regulations— and am grateful that they will not—because the second cohort is exempted to allow us to fulfil an international legal obligation; it must be right that the House does that.
We are asked, “What is the purpose of this?”. It is to stimulate Britain as a global magnet for international trade—that is quite a straightforward purpose. It is also to raise revenue, as I have said, and to support the United Kingdom in its international efforts to secure a strong growth economy. For all those reasons, I suggest that this is a relatively straightforward and technical change, and I ask the Committee to support it. There will continue to be a need for employers to recruit skilled workers from overseas where there are no such workers in the UK.
Miss Dines
I am grateful for the hon. Lady’s speech, although it may not be on the point of this technical change. I try my best not to be negative. This country is a magnet for businesses from across the world, and those who come under the skills schemes have very high-level skills. It is only right that the company sponsoring them pays into the kitty to promote our home development and training, which is exactly what the schemes will do. It is positives all round.
I know that the hon. Member for Glasgow North East would not want to be seen to be playing party politics on this matter. On Scotland moving away from the United Kingdom and becoming independent, she knows that the Government are committed to the Union. Although I am impressed by her fortitude in trying to make independence relevant to almost any issue, this is a technical regulation change. None the less, I thank her for her support, in that she is not opposing the regulations.
Miss Dines
Of course, although we really must conclude, rather than having a wide-ranging debate on everything to do with immigration. The regulations are about two exemptions that allow us to fulfil our legal obligations under our treaty with the EU.
Stephen Kinnock
I thank the Minister for giving way. My intervention is absolutely related to the regulations. I asked why there was no impact assessment. For the record, will she confirm that she does not think that there should be one, because she does not believe that the regulations could have a significant impact on the labour market? On cost, we are clearly reducing the number of employers that will pay the surcharge, so the changes will not increase revenue to the Exchequer as she says they will; they will do precisely the opposite. What will the cost to the Exchequer be? If there is to be no impact assessment, may I urge her to agree to keep the impact of this legislation under review, and will the Government make a statement on it within 12 months, so we can assess its impact on opportunities for our home-grown talent?
Miss Dines
I admire the hon. Gentleman’s ingenuity in asking for impact assessments; he has asked for one on almost everything that I have heard him speak about. However, the immigration skills charge is a tax, so an impact assessment is not required. If we had all the impact assessments that he has asked for, there would not be time in government to do much else.
I will conclude; the hon. Gentleman is always at liberty to write to me. The immigration skills charge is a financial tax through which the Government provide employers with vital funding that supports them in recruiting and training domestically. The regulations will not fundamentally change the operation of the charge; they simply create additional limited exemptions for highly skilled international workers recruited by UK scale-ups, and allow us to fulfil our legal obligations under our trade agreement with the EU relating to EU workers undertaking intra-company assignments in the UK. The exemptions will support our country’s economic recovery by supporting high-growth business in the UK and strengthening trade and investment to and from Europe. I commend the regulations to the Committee.
Question put and agreed to.
Oral Answers to Questions
Sarah Dines Excerpts(1 year, 7 months ago)
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Afzal Khan (Manchester, Gorton) (Lab)
The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)
Hate crime is a scourge on communities across the country. We expect the police to fully investigate hateful attacks and ensure that the cowards who commit them feel the full force of the law.
Afzal Khan
The Home Secretary said that the public want the police to tackle crime, yet the Home Office cut the number of police officers and left Islamophobia to increase over the last five years. Year after year, Home Office figures show that British Muslims are the victims of the highest number of hate crimes. This Islamophobia Awareness Month, will the Home Secretary take any steps to root out this insidious hatred, which impacts our British Muslim community?
Miss Dines
There is a cheeky two-part question there. In relation to police numbers, I remind the hon. Gentleman that in his own area we have already recruited 804 new officers and there will be lots more coming in that space. On religious hate crimes against Muslims, my right hon. and learned Friend the Home Secretary is working hard in this area. I remind him that this Government have done more than any other to tackle anti-Muslim hatred. We have provided extra money—over £4 million between 2016 and 2022—to monitor and combat anti-Muslim hatred. I remind him that, in addition, the Home Office allocated £24.5 million to protect mosques and Muslim faith schools through the Places of Worship: Protective Security Funding Scheme in May 2022. A new Muslim faith schools protective security scheme will also be delivered this year. The Government are thoroughly committed to stamping out this evil crime.
Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
James Daly (Bury North) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)
I thank my hon. Friend for his serious question, and I know he works hard in Bury North to talk about the issue. The Government are committed to tackling violence against women and girls. We are taking action through the rape review and the tackling violence against women and girls strategy and tackling domestic abuse to improve the police’s response to these crimes. Charge volumes for rapes are up 8%. It is not enough, and there is a lot more to do, and we are working hard with schemes such as Operation Soteria in the hope that these good practices will progress throughout the country.
Chris Stephens (Glasgow South West) (SNP)
Sajid Javid (Bromsgrove) (Con)
Of all the issues that the Home Secretary has to deal with, few are more harrowing than child sexual abuse. The independent inquiry into child sexual abuse recently reported that there were 8.8 million attempts to access such imagery online in the UK in a single month. May I ask my right hon. Friend whether the Online Safety Bill will include a provision for UK companies to report such content to the National Crime Agency? Will she work with her colleagues to bring forward the Bill this year?
Miss Dines
This issue is very close to my right hon. Friend’s heart and to mine. The Government are committed to tackling all forms of child sexual abuse to keep children safe at home, outside and online. There is a lot of good work being done by the NCA and GCHQ. In relation to timing, I am hopeful that we will have some news imminently.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
When it comes to immigration policy, it is “Oui, oui, oui” to working with the French Republic, but when it comes to bespoke policies for Scotland, Wales and Northern Ireland to deal with demographics and labour shortages, it is “Non, non, non.” What is the difference? Why are we not allowed bespoke policies in his Government, working with the Scottish Parliament, to enable us to do that?
Marsha De Cordova (Battersea) (Lab)
There is a huge problem with the over-policing of black children due to adultification, which is where minors are treated as adults. Some 799 children aged between 10 and 17 were strip-searched by the Met between 2019 and 2021 without any being arrested. We need an urgent independent investigation into the over-policing of black children. Will the Minister commit to one?
Miss Dines
I know this issue is dear to the hon. Member’s heart. The police must use their powers carefully to target the right sort of offenders. It is of concern that that can sometimes appear to be disproportionate. Nobody should be stopped and searched because of their age, race or ethnicity. There are codes of conduct in the Police and Criminal Evidence Act 1984 and there is the use of body-worn video data. About 40% of stop-and-searches that take place in London are of young men—
Draft Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022
Sarah Dines Excerpts(1 year, 7 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)
I beg to move,
That the Committee has considered the draft Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022.
It is a pleasure to appear under your chairmanship, Ms Cummins.
The draft regulations were laid before the House on 13 October 2022. Maintaining our national security and keeping the public safe is a top priority for the Government. That is why deprivation of citizenship where it is conducive to the public good is reserved for those who pose a threat to the United Kingdom or whose conduct involves very high harm. When passing deprivation measures in the Nationality and Borders Act 2022, the House agreed that in cases where the Secretary of State intends to make a deprivation order on the ground that it is conducive to the public good without prior notification, an application must be made to the Special Immigration Appeals Commission, which will consider the Secretary of State’s reasons for not giving notice.
To implement that process, we must first amend the Special Immigration Appeals Commission (Procedure) Rules 2003, which are made and amended by the Lord Chancellor, but to create the necessary power to amend those rules we must first amend the Special Immigration Appeals Commission Act 1997, which is the purpose of this technical instrument. Today, we take a significant step towards implementing the safeguards that the House has agreed to. I therefore commend the regulations to the Committee.
Miss Dines
I am pleased by the welcome for the measures. They were carefully thought out and have been considered by both Houses now.
To set out the historical context, which is always interesting, the powers have existed for over 100 years. It is only right that we modernise and make sure that the powers are subject to rigorous scrutiny. There are safeguards of course, and lots of checks and balances along the way.
The hon. Gentleman spoke about secret decision making, and I want to be clear that there is to be no secret decision making in deprivation cases. Appeals against deprivation of citizenship are heard by the Special Immigration Appeals Commission where there is reliance on sensitive material that could harm the public or individuals if it were revealed in open court. However, appellants are appointed special security-cleared lawyers for the task, so their interests are appropriately represented. The process is robust, as we would all expect. The changes made by the regulations strike just the right balance to protect the security of the nation and the rights of those going through this process.
On the question of timing, I will write to the hon. Member for Aberavon to say when the measures will be introduced. As usual, we are grateful for the co-operation to protect national security that we have received from the Opposition.
Question put and agreed to.
Oral Answers to Questions
Sarah Dines Excerpts(1 year, 9 months ago)
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Gareth Bacon (Orpington) (Con)
The Parliamentary Under-Secretary of State for Justice (Miss Sarah Dines)
As of June 2022, the latest data for hospital admissions for under-25s for assault with a sharp object—our primary metric for measuring serious violence—was down 17% in London compared to June 2021. This financial year, we have provided £12 million of funding to the London violence reduction unit, which brings together key partners to tackle violence, and £8 million in Grip funding for the Metropolitan police service’s response to violence.
Chris Stephens (Glasgow South West) (SNP)
Remote Observation and Recording (Courts and Tribunals) Regulations 2022
Sarah Dines Excerpts(1 year, 11 months ago)
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The Chair
Members are free to remove their jackets and ties, but we will leave it there for the time being.
The Parliamentary Under-Secretary of State for Justice (Miss Sarah Dines)
I beg to move,
That the Committee has considered the Remote Observation and Recording (Courts and Tribunals) Regulations 2022 (S.I., 2022, No. 705).
It is a pleasure to serve under your chairmanship, Mr Davies. The statutory instrument regulates the ability of our courts and tribunals to allow the remote observation of proceedings across our justice system, subject to judicial discretion. The instrument provides the initial regulations for the power contained in the new section 85A of the Courts Act 2003, as inserted into the Act—together with new section 85B—by section 198 of the Police, Crime, Sentencing and Courts Act 2022. It was made using the made affirmative procedure on 28 June 2022 by the Lord Chancellor, with the concurrence of the Lord Chief Justice and the Senior President of Tribunals. I will come on to why the use of the made affirmative procedure was appropriate.
New sections 85A and 85B of the Courts Act 2003 replace the legislation contained in section 55 and schedule 25 of the Coronavirus Act 2020. That coronavirus legislation was repealed on 28 June 2022, save for a very minor purpose relating to three measures in tribunal rules, in order to give the tribunals in question time to amend or replace the measures, which will expire on or before 24 December 2022. The new legislation became effective on the same date as today’s instrument was made.
For Members who are not familiar with it, I will briefly outline the history of the legislation. At the outset of the pandemic, our courts and tribunals moved swiftly to temporarily hold all hearings remotely, using audio and video technology. To ensure that legal proceedings remained appropriately public and transparent, temporary and emergency legislation in the Coronavirus Act allowed most courts and tribunals to transmit audio or video footage of their proceedings to remote observers who had specifically requested access. Thus our courts were able to satisfy their obligations for publicity under the common law principle of open justice and article 6 of the European convention on human rights.
The legislation was very well received, especially by court reporters and legal bloggers, who do valiant work reporting what happens in our justice system to the wider public. It allowed courts and tribunals to offer a digital equivalent to the public gallery where they saw fit, thereby improving the transparency of our justice system, while maintaining the necessary safeguards for court users and controls on privacy. Consequently, the Government decided to make the option for remote observation a permanent feature of our justice system. The necessary primary legislation was enacted as part of the Police, Crime, Sentencing and Courts Act, and initial regulations for that legislation are contained in today’s instrument.
The regulations, which have been scrutinised and approved by the Lord Chief Justice and the Senior President of Tribunals, allow the recently enacted remote observation powers to be utilised by our judiciary when they see fit in a far wider set of scenarios than before. It allows the powers to be used with judicial discretion in all of our courts and tribunals, and any bodies that exercise the judicial power of the state, except for the Supreme Court and devolved courts and tribunals.
Mr Jonathan Djanogly (Huntingdon) (Con)
Will the Minister explain the wider purpose? She gave a good reason why the powers are needed for the administration of the court process, but am I right in thinking that they could also be used to, in effect, have more US-type show trials, such as the OJ Simpson trial, whereby the public could look at the trial conducted, as well as the people involved in the trial itself?
Miss Dines
That is a very useful point, which shows some misunderstanding by the public, not by my hon. Friend, regarding what the SI is about. Remote observation is distinct from broadcasting. It certainly would not be US-style broadcasting; this is remote observation only, following an application by somebody who would ordinarily be able to watch the proceedings physically in a gallery. There needs to be a prior application with name and address supplied. It is not open broadcasting. If I can make a little progress—
Mr Djanogly
If the public gallery has 20 members, is the Minister saying that 20 people would be given remote access?
Miss Dines
Those who apply for remote access would need to apply before the hearing in the normal way to ask for permission and a link would be sent. It is certainly very distinct from broadcasting.
Valerie Vaz (Walsall South) (Lab)
If I heard the Minister correctly, she said “name and address”, but the regulations state “name and email address”. I would say that it is important for someone to give their address. Who will do due diligence on who applies? I know that the admin staff at the court—if there are any left—are overworked, so will there be any due diligence on the email addresses, which could be out of the jurisdiction?
Miss Dines
In the usual way, there is a prior application. Each application is considered properly by the court and the judiciary. It is not the case that there will be a blanket allowing of everyone who applies to have that observation. However, the right hon. Lady is right: it is “name and email address”, and there will be sufficient time for proper research to look into that. I am sure that, as time goes on, due diligence will be put in place. Extra funding has been made available to facilitate that, and it is open to the judge, as in the normal situation, to refuse any application if there is uncertainty.
Lilian Greenwood (Nottingham South) (Lab)
I do not think that the Minister has properly addressed the questions asked by the hon. Member for Huntingdon (Mr Djanogly) and my right hon. Friend the Member for Walsall South (Valerie Vaz). If there is a trial of significant public interest, what is to prevent large numbers of the public, who would be entitled to be in the public gallery, asking for observer status? How can she be certain that there are sufficient resources to undertake the due diligence that my right hon. Friend mentioned?
Miss Dines
It is little different from what would happen under the old system, where people present themselves at court and try to get in the public gallery. There might be a limit of 20, 30 or 50 people, depending on the size of the court. There needs to be a prior application so that the court system would not be surprised by it, and there would be sufficient time. Funds are being set aside to implement it. If there is an unusual administrative burden, it is open to the court, as it always has been, to refuse an application or physical entry. It is exactly the same principle, and there will be time for that to be considered. I am grateful for the intervention, but I will move on.
Importantly, the regulations ensure that the powers to admit remote observers may be used in jurisdictions that were previously not within the scope of the Coronavirus Act, such as the Court of Protection, coroner’s proceedings, and all tribunals outside the unified system, such as employment tribunals. Making the legislation permanent and expanding it in two important ways will strengthen open justice and the transparency and accessibility of our justice system. It supports the recommendations of the Cairncross review on the future of journalism, and report by the Digital, Culture, Media and Sport Committee in November 2020 on the same topic, by offering modern digital solutions to facilitate journalists’ access to court. It will improve court access for members of the public who are perhaps less physically able to attend court hearings and buildings to observe the proceedings, as well as those who might feel intimidated or uncomfortable in a physical public gallery.
Public galleries will continue to be available in our courtrooms, as they are now. The enabling provisions, new sections 85A and 85B of the Courts Act 2003, inserted by the Police, Crime, Sentencing and Courts Act, contain the necessary safeguards to ensure that remote observers and participants in a hearing cannot make an unauthorised recording or transmission of the proceedings. Transgressors would be subject on conviction to a £1,000 fine or, if found in contempt of court, they would face up to two years in prison. Those safeguards replicate in a digital sense existing prohibitions that have long applied to traditional courtrooms.
It is important to note that the provisions retain at their heart the principle of judicial discretion. It will be for judges, magistrates, coroners and tribunal panel members to decide on a case-by-case basis whether to provide transmissions of proceedings to members of the public.
Valerie Vaz
I thank the Minister for giving way. We understand that this is her first outing and we wish her well. It is right to explain what judges need to take into account, as set out in regulation 4. Given the policy behind the regulation, will there be a practice direction, and will she encourage the Lord Chancellor to issue a practice direction so that there is consistency across all the courts and tribunals?
Miss Dines
The Lord Chief Justice and Senior President of Tribunals have issued joint guidance already on how the remote observation should be facilitated across our courts and tribunals. The President of the Queen’s Bench Division has issued specific guidance in relation to criminal proceedings. The Chief Coroner has issued guidance for coroners courts, which are very different, of course. Her Majesty’s Courts and Tribunals Service has issued guidance to all its staff on how to implement the regulations, and its gov.uk pages have been updated so that the general public and media may better understand the regulations.
The policy of allowing remote observers at court and tribunal hearings is often confused with the use of remote hearings more generally. To be clear, how a hearing is to be heard—in-person, remote or hybrid—is a matter for the judge, magistrate, coroner or tribunal panel to decide on a case-by-case basis. They are best placed to decide in each case how a hearing is to be heard, whether it should be in public or private, and whether remote observation is permissible.
I should also make it clear that the legislation does not allow indiscriminate broadcasting. It will only allow the transmission of proceedings to made either to individuals who have identified themselves to the court or to designated live-streaming premises. The regulations prescribe that, when deciding to allow remote observation, the court must be satisfied that that is in the interests of justice, and that doing so does not create an unreasonable administrative burden on judges and court staff. For example, judges will be under no obligation to allow transmissions to be made to remote observers during a traditional in-party hearing where a public gallery is available if the necessary technology or staff are not readily obtainable.
Finally, I said I would outline why it is appropriate to use the affirmative procedure for this instrument. I fully understand that the procedure should be used only with good reason, and the Government considered it to be appropriate so that the temporary and emergency coronavirus legislation which the regulations replace could be removed from the statute book as soon as possible. The slow progress of the Police, Crime Sentencing and Courts Act through Parliament necessitated the extension of those temporary powers beyond their original term.
It was also vital to enable this new remote observation framework expeditiously to resolve some known issues within the emergency Coronavirus Act powers. That will ensure that several important jurisdictions that were neglected in the previous legislation—notably the Court of Protection, coroners courts, and tribunals outside the unified structure, including employment tribunals—are now explicitly legislated for. Those jurisdictions may now allow remote observation proceedings safely and efficiently and within the appropriate safeguards in the new legislation.
As of June 2022, around 7,000 hearings a week rely on audio and video technology. The use of such technologies is an important component of our court recovery efforts, and remote observation helps to ensure that open justice is maintained.
Valerie Vaz
The Minister is being generous with her time. She mentions the interests of justice and transparency, so I wonder whether she has considered the publication of the names of remote observers at the time a direction is made. How will Parliament know how many people have applied for remote observer status? For example, who are these legal bloggers who are entitled to be part of youth court proceedings? Could she name one of them?
Miss Dines
The Department will consider the publication of names in due course. From my own experience, I can say that it is not usual, and the regulations bring in a way of observing digitally, continuing the system as it has evolved.
In relation to youth courts, there has always been and will continue to be applications in the public interest for various observers to observe. They may be relatively small in number—I do not have the numbers to hand—but it is not perceived to be in any way an opening up or broadcasting of any proceedings that are inappropriate. We must not forget that the discretion remains with the trial judge or head of tribunal who is intimately experienced with that particular matter.
These remote observation regulations ensure that all our courts and tribunals can rely on audio and video technology to hear cases wherever it is determined to be in the interests of justice to do so. Given the considerations I have mentioned, the Government consider the use of affirmative procedures appropriate. In this instance, it has ensured that our courts and tribunals have an expanded, permanent and reliable legislative framework that more closely fits its needs during a critical time as we work hard to deliver justice and recover from the negative impacts of the pandemic. This instrument will therefore support and strengthen the principle of open justice and increase the accessibility and transparency of our justice system as the Government seek to modernise it.
Miss Dines
In relation to the finances, a great deal of money has been put aside by the Government to fund the infrastructure and technology generally, and for the draft regulations. In 2021, we spent £15.8 million on audio and video technology in our courtrooms. The Government are investing more than £1.3 billion to transform HM Courts and Tribunals Service, and invested a further £142 million during the pandemic to upgrade court buildings to ensure that they are digitally enabled. On the specific costs, digitally enabling Crown courtrooms costs £90,000 and magistrates courtrooms £70,000. About 70% of courts and tribunals have audio and video technology in place, and for Crown courts the figure jumps to more than 90%.
There have been extensive informal consultations. Judges and tribunal leaders have discussed implementation regularly. I stress that we do not in any way find that the draft regulations impose any fettering of the already wide discretion of every judge to have control of his or her court. There is nothing new here.
In relation to the protection of witnesses and other participants, exactly the same principles are in place. Judges, being in charge of their courts, look very carefully at each and every application for somebody to observe, whether it is remote or in person. The general nature of the draft regulations is to make observation more transparent and to make it more possible, including for those whom I mentioned earlier who might not find it physically easy to attend. I hope that responds to most of the points made by the hon. Member for Stockton North.
Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
I welcome the Minister to her position. I have two questions. First, when we looked at the issue in the Public Accounts Committee—at all issues around remote proceedings—no proper evaluation was planned by the Ministry of Justice for the impacts on how justice is done, in particular with regards to witnesses. Secondly, while people have to give their name, address and details to the judge before any agreement for them to watch something remotely, what safeguards are in place to ensure that they are not doing so in an open environment? That might be against the law, but it is very easy for someone, whether a journalist or another, to be watching, or for someone even just to wander through the space in which it is being watched. There are sanctions in law, but what safeguards are in place to prevent that happening inadvertently or deliberately?
Miss Dines
As I mentioned earlier, under section 199 of the Police, Crime, Sentencing and Courts Act, it is an offence punishable by a fine of £1,000 and up to two years in prison if found to be a contempt. That is a high level of punishment for any unexpected forward transmission, which would be against the law. The courts take this extremely seriously. The hon. Member will probably recall from newspapers and the media that contempt of court has been dealt with extremely seriously by judges. I have no doubt that this would be dealt with in the same way. I emphasise that the measure is to create more open justice, but in a safe way, where there has been proper evaluation.
Alex Cunningham
May I invite the Minister to address the question about whether or what consultations took place with the various organisations outlined by her predecessor?
Miss Dines
I do not have chapter and verse on the consultations, but I am advised that there have been substantive consultation, including at a very high level. The judiciary and the chairmen of tribunals have been very much involved. We have seen from how things worked during coronavirus, it is possible and appropriate to police the arrangements as set out in the draft regulations.
Question put and agreed to.
Police, Crime, Sentencing and Courts Bill
Sarah Dines ExcerptsMonday 5th July 2021
(2 years, 12 months ago)
Commons ChamberRead Full debate Police, Crime, Sentencing and Courts Act 2022 View all Police, Crime, Sentencing and Courts Act 2022 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 5 July 2021 - (5 Jul 2021)
Miss Sarah Dines (Derbyshire Dales) (Con)
It is a pleasure to follow the right hon. Member for Orkney and Shetland (Mr Carmichael), albeit after rather a long break. I declare my interest as a barrister.
I am pleased to contribute to the debate on Report. During and since my election campaign, and particularly during the recent election campaign for our new police and crime commissioner, I have had the opportunity to speak to many constituents in Derbyshire Dales about law and order generally. I am a firm believer in listening to my constituents: they are hard-working and law-abiding, and I respect what they are telling me. They tell me that they want to feel safe and feel protected in their own homes and in the areas in which they live. There is much to offer them in this excellent Bill.
Two aspects of the Bill particularly interest my constituents. First, they want to see tougher sentences for convicted criminals, and this Bill delivers that. I particularly support two proposals: tougher community sentences doubling the time for which offenders will be subject to overnight curfews, rising from 12 months to two years; and the ending of the automatic early release of dangerous criminals. I am pleased to say that the Bill firmly delivers on what my constituents are requesting—tougher sentences—and I wholeheartedly support it.
Secondly, I receive a lot of correspondence from constituents whose lives are disrupted by unauthorised and illegal encampments that cause alarm and distress to local residents. This Government are the first of many Governments to have the courage to address these long-standing issues. I welcome the provisions that will give the police the power to seize vehicles and arrest or fine trespassers who are intent on residing on private or public land without permission while ensuring that they will not be able to return for 12 months. This is long overdue. I have many constituents who write to me regularly in towns such as Matlock, Bakewell and Ashbourne whose lives have been very badly affected by illegal encampments, and this must stop. It is of course very important to make sure that local authorities fulfil their statutory duty to provide permanent sites for groups such as Travellers so that they can stay within the law and enjoy their traditional life, but illegal encampments must stop.
I commend the huge breadth of provisions in this Bill. I am so pleased that the Government have had the courage to address so many different areas in such a relatively short space of time.
Mary Kelly Foy (City of Durham) (Lab) [V]
Although I have grave concerns about many aspects of this Bill, I will limit my remarks to the amendments in my name, those of my hon. Friend the Member for Liverpool, West Derby (Ian Byrne), and new clause 102.
This Bill needlessly criminalises Gypsy, Roma and Traveller communities. It will turn civil offences into criminal ones and punish littering and inconvenience with prison and homelessness. The Bill does not target a problem; it targets minority and ethnic communities. It is driven by hatred and division and will serve only to fuel hatred and division. Only last month, the hon. Member for Ashfield (Lee Anderson) demonstrated this by saying:
“The Travellers I am talking about are more likely to be seen leaving your garden shed at 3 o’clock in the morning, probably with your lawnmower and half of your tools.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 8 June 2021; c. 410.]
Those words racially stereotype Travellers and paint an entire community as criminals. They were racist and repugnant and show the bigotry that this Bill promotes.
On top of this, the draconian powers included in the Bill are being pushed upon police despite their insistence that they do not want or need them. The National Police Chiefs Council and the Association of Police and Crime Commissioners have said that
“trespass is a civil offence and our view is that it should remain so”,
while 93.7% of police bodies support increased site provision as the solution to unauthorised encampments. Both the police and the travelling communities are in agreement on this. I urge the Government to listen and to support new clause 102 and the amendments in the name of my hon. Friend the Member for Liverpool, West Derby. The Government should be focused on improving society for everyone, yet they have become fixated on attacking an already much persecuted minority at the expense of many and to the benefit of none. In doing so, they are ignoring ready-made solutions. Organisations such as Friends, Families and Travellers have called for increased and improved site provision while highlighting the value of negotiated stopping, because the reality is that if Travellers cannot stop with authorisation, then they must stop without it.
I tabled my amendments because I believe that it is the role of politicians to protect minorities, not persecute them. New clause 51 seeks to address the racism that GRT communities face every day by forcing the Government to review the prevention, investigation and prosecution of crimes against these communities, while new clause 52 would require the Government to provide proper training for the relevant public bodies. Although valuable amendments to this dystopic Bill will undoubtedly fall today, I would like to reassure my constituents that the fight against legislation is not the end—
Police, Crime, Sentencing and Courts Bill
Sarah Dines ExcerptsMonday 15th March 2021
(3 years, 3 months ago)
Commons ChamberRead Full debate Police, Crime, Sentencing and Courts Act 2022 View all Police, Crime, Sentencing and Courts Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts
Miss Sarah Dines (Derbyshire Dales) (Con)
I welcome the Bill and the extensive improvements that it will make to the justice and policing systems. I will mention just a few of the many new provisions that have been the subject of much correspondence to me as the Member of Parliament for Derbyshire Dales.
I am pleased that the Government have been prepared to deliver on their manifesto commitments as opposed to changing them as they go along, as those on the Opposition Benches often do. This is what the majority of my constituents voted for. I was pleased to hear from a fellow MP for Derbyshire, the hon. Member for Chesterfield (Mr Perkins). I am disappointed that he will not be supporting the Bill, because I fear that he may well be out of tune with his constituents.
Over decades, the people of Derbyshire Dales have been plagued by illegal encampments. The disruption and damage caused by these illegal encampments have hugely distressed my constituents who have often taken months to resolve these issues only for them literally to appear again up the road. There have been substantial issues in Ashbourne, Matlock and Bakewell, which have caused huge upset, mess, and expense to Derbyshire Dales District Council and its good residents.
The Bill criminalises trespass and strengthens police powers to tackle unauthorised encampments. Under the new legislation, the police will have the power to seize vehicles, at last and to arrest or fine trespassers who intend to reside on public and private land without permission, while ensuring that they are not able to return for at least 12 months. The new criminal offence is much to be welcomed—up to three months in prison or £2,500. That is what my constituents, and people across most of the country, have been demanding.
I support the provisions to double the maximum sentence for assaulting an emergency worker from 12 months to two years. It is ironic that Labour Members wish to increase sentences for offences such as rape, but are intent on voting against those provisions. It makes no sense whatsoever. I fully support the extension of the law on positions of trust. As a mother of four young men who were once young teenagers, I am reassured that the Government are at last prepared to do something regarding sports coaches and religious leaders, and ensure that our children are safe. It is a landmark step forward and I am grateful for it.
On war memorials, I felt sick to the pit of my stomach to see Churchill’s statue jeered at and sprayed with cans of paint, and I take my hat off to my hon. Friends, some of whom are in the Chamber, who cleared it up. I am surprised that Labour Members will oppose some of these common-sense measures, and it is a testament to just how out of touch they are, and how difficult it will be for them to win the trust of voters. Conservative Members will fulfil our promises, and ensure that the manifesto pledges are kept.
Policing and Prevention of Violence against Women
Sarah Dines Excerpts(3 years, 3 months ago)
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Miss Sarah Dines (Derbyshire Dales) (Con)
May I also offer my condolences to the friends and family of Sarah Everard? Does my right hon. Friend agree that it is absurd to hear this afternoon that the Opposition are actually opposing the provisions of the Police, Crime, Sentencing and Courts Bill, which wants to increase sentences for rapists? There is a dichotomy there that is a bit absurd, is it not?
Priti Patel
My hon. Friend is absolutely right. To be very frank, I was quite surprised when I heard that was the position that the Opposition were taking. This is a criminal justice Bill. It will increase sentences for individuals and perpetrators who perpetrate the most horrendous, appalling sexual offences and crimes against women, children and citizens. It is an important Bill, as I have already said. It was key to our manifesto, and the British public voted for it. This Government and our party in government are absolutely determined to strengthen our laws and the criminal justice system so that we can put away those individuals who cause harm to individuals and increase sentences.
Serious Criminal Cases Backlog
Sarah Dines Excerpts(3 years, 5 months ago)
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Chris Philp
We are as keen as the hon. and learned Member is and everyone is to make sure that these very sensitive cases involving rape or similar offences get heard quickly, but of course it is a matter for the judiciary to decide when they are listed and sometimes there are reasons to do with case management why a case may get adjourned while things are dealt with. But we have, for example, now rolled out the section 28 evidence provisions that I mentioned, so sensitive evidence can be given by recorded video, which can be taken well in advance of a trial—designed to help exactly what she is describing—and we have made large amounts of money available, with the extra £25 million next year and £32 million this year, to support and help witnesses and victims.
I was slightly concerned to read a remark by the Lord President in Scotland saying that during lockdown criminal cases in Scotland would be down by 75%. I am sure the hon. and learned Member shares my concern about that, and anything we can do to exchange ideas in our mutual interests I am sure we will be very happy to do.
Miss Sarah Dines (Derbyshire Dales) (Con) [V]
Around the world, the United Kingdom rightly has a reputation of having a first-class criminal justice system. The present large backlog in criminal trials due to the pandemic is of immense concern to me in terms of the rights of victims, witnesses and defendants and the need for a timely trial. Can my hon. Friend assure me that sufficient resources are going to be forthcoming to resolve the present backlog within a proper timeframe?
Chris Philp
My hon. Friend is right to raise this question. As I said in my opening remarks, the pandemic—the global pandemic—has had a huge impact on public services not just in this country but across the world, and the court system is not immune from that. That is why we have seen the additional cases that we have discussed this afternoon.
My hon. Friend asked about resources. The Government are categorically committed to putting in the resources necessary to facilitate the recovery of the courts. I mentioned earlier that this year alone we have invested an extra £143 million in court buildings and technology to make our courts covid-safe and an extra £110 million in increasing our courts capacity. That is an investment of an extra quarter of a billion pounds this year alone to make sure that the court recovery not just gets started, but continues in the current vein. So I can give my hon. Friend the assurance that she is quite rightly asking for.
Oral Answers to Questions
Sarah Dines Excerpts(3 years, 7 months ago)
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Chris Philp
Given that the problems posed by cross-channel small boat crossings, as we discussed earlier, are unique, serious, dangerous—as we have tragically seen—and facilitated by ruthless criminals, the Home Secretary and I felt it was important to have a dedicated person with proper experience. He is a former Royal Marine and can work on completely stopping these crossings. That is the safe thing to do, the humanitarian thing to do, and the right thing to do legally.
Miss Sarah Dines (Derbyshire Dales) (Con)
Katherine Fletcher (South Ribble) (Con)
The Secretary of State for the Home Department (Priti Patel)
This Government are committed to increasing the number of police officers by 20,000 over the next three years, and I am delighted to say, as the Minister for Crime and Policing has already this afternoon, that we have made a great start on that thanks to the commitment of all forces across England and Wales. In recent weeks, we have announced that so far we have recruited 5,824 additional officers, and they have all joined the police force as part of our uplift programme as of the end of September.
Miss Dines
Will my right hon. Friend confirm that the Government not only are committed to increasing police officers, including in rural areas, but will look at increasing the number of police stations in rural areas, such as reopening Bakewell police station in my constituency of Derbyshire Dales?
Priti Patel
I thank my hon. Friend not only for her question, but for her commitment to law and order in her constituency. She is indeed a strong champion of that, including with her representation for getting more police stations opened in her constituency. We have already recruited 72 additional officers for her local area, and her chief constable and police and crime commissioner should be equally as receptive to not only receiving new officers, but the additional resources that would lead to more police stations being opened.