(1 day, 9 hours ago)
Commons Chamber
Jake Richards
This is utter nonsense, Mr Speaker—the hon. Gentleman completely misunderstands how our legal system works. The Government understand that lawyers have to represent all sorts of people all the time, and we will stand by that. I gently say to the hon. Gentleman that the shadow Attorney General, while serving on the Tory Front Bench, is currently representing Roman Abramovich, a sanctioned Russian oligarch. There is no word from the Opposition Benches on that issue at all.
I very much welcome the fact that Llanelli, along with the rest of Wales, will be in the pilot expansion of the victims’ right to review scheme. However, as the Minister will know, it is often very difficult for children who have suffered neglect and abuse, or adults who suffered it as children, to report such incidents. Will the Minister agree to meet me to look again at extending the six-month time limit for summary offences, which leaves survivors with no redress and allows abuse and neglect to go unpunished?
I welcome this question from my hon. Friend, who is right to highlight the expansion of the victims’ right to review scheme throughout Wales so that Welsh victims have the right to review their cases. I would be delighted to meet her to discuss what more we can do for Welsh victims across the criminal justice system.
(2 weeks, 2 days ago)
Commons ChamberI thank the hon. Gentleman for his question and comments. I pay tribute to him for his collaborative work, collegiate tone and all his constructive work in the Bill Committee—the Bill is better for it. The Bill is and always has been above party politics. For anyone to seek to use it for political gain is truly shameful and disgraceful. It is all about the victims and their families, and it always will be. I will ensure that we continue to work with him and the rest of the SNP, the Liberal Democrats and any party that chooses to work collaboratively as the Bill progresses. I can assure him that there will be a role for the ISC; we will work with all partners and agencies to ensure that we get the Bill right.
I thank the Minister for her update and her acknowledgment of how important it is that the families who have suffered so much and campaigned so hard are satisfied by the final wording of the Bill. What assurances can she give us that the Government will provide the leadership, training and resources to change the culture of cover-up and minimalist responses, and ensure that people get the full truth the first time around?
I welcome my hon. Friend’s important question, which goes to the heart of exactly what the Bill is about. It is all very well for us to write fancy words on goatskin and ermine, but if we do not change the culture—the aim at the heart of the Bill—this process will have been pointless. We must change the culture, and the legislation is partly about that, but it is also about ensuring that we get the implementation right. My right hon. Friend the Minister for the Cabinet Office and I are heading to Liverpool next week to see how we can learn from the world-leading work of the University of Liverpool on changing the culture through a duty of candour for public authorities. We are continuing that work at pace; none of it is stopping. We are continuing to work jointly on the Bill’s implementation, and on getting it right once it becomes law, while simultaneously developing the policy. I look forward to updating the House on that work.
(1 year, 8 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
I am grateful to the hon. Lady for articulating the understandable concerns of parents, family and others in a typically sensitive and measured way. It is right that those voices are heard in this Chamber. I hope that some of what I have said today will provide a little more clarity and reassurance, but the other reassurance I can offer is that I will continue to take a close, direct and personal interest in the ongoing work to resolve issues that may remain in Parc.
We have all been saddened by events at Parc. What assessment has the Minister made of the impact on the mental health of prisoners, both in Parc and elsewhere, of staffing shortages that force prisoners to spend 23 hours each day in their cells and leave them without access to appropriate rehabilitation courses? What steps will he take to remedy the situation?
(2 years, 4 months ago)
Commons ChamberThe women’s population in prison has come down, and sentencing is a matter for the judiciary and not something in which the Government intervene. It is important that suitable alternatives to custody are available, and I join the right hon. Lady in paying tribute to the people running women’s centres, for example, which do a fantastic job specifically for women, as well as to the broader set of alternative and community sentence options. It is important that we make sure we continue to work on those, including working together with the Welsh Government.
I have been asked to reply on behalf of the Lord Chancellor, who has been in Riga attending a Council of Europe meeting, where a political declaration was signed on support for the Ukrainian justice system. He is sorry not to be here for these oral questions, and he has asked me to convey to the House his thanks to the Metropolitan police for their quick work in finding and returning Daniel Khalife to custody. The independent investigation that the Lord Chancellor commissioned must now get to the bottom of this serious breach. Since the last oral questions, the Government have also announced that we will make whole life orders the expectation in sentencing where they can be applied. We have also outlined plans to order the worst offenders to attend court for their sentencing hearings. We want to ensure that the worst offenders receive their sentences in the full glare of the courtroom, and that victims have the opportunity to set out the impact the crime has had on them.
With Government spending for housing legal aid falling in the past decade from £44 million to £20 million and the spending for disrepair cases falling from nearly £4 million to just over £1 million, it is not a moment too soon that the Government have begun to restore some legal aid with the housing loss prevention advice service. Due to the Government’s disastrous Legal Aid, Sentencing and Punishment of Offenders Act 2012, many housing legal aid providers shut up shop, leaving 42% of the population of England and Wales without a single provider in their local authority area and 84% with no access to welfare legal aid. What recent analysis has the Minister made of legal aid deserts, and what steps is he taking to remedy the situation?
We are putting more money into legal aid and criminal legal aid following the independent review. Specifically on housing, which the hon. Lady mentioned, we are injecting an additional £10 million from 1 August.
(3 years, 2 months ago)
Commons ChamberI will indeed. I take this extremely seriously, as my hon. Friend knows. This is the first time that we have had two consecutive urgent notifications about the same prison. The Department will come forward with a full action plan within 28 days. As he rightly says, this is a very serious matter.
My constituents Mr and Mrs Amner sustained horrific, life-changing injuries when their motorbike was hit by a car driver under the influence of drugs overtaking a van. They are understandably extremely distressed that while they will live with the consequences of that accident for the rest of their lives, the perpetrator was sentenced to just 30 months. As the Secretary of State will know, although there has been a recent consultation on sentencing, the guideline sentence cannot be raised above five years without primary legislation. Has he any plans for a Government Bill with a clause to raise the maximum sentence for drink and drug driving?
We have relatively recently increased the sentences in relation to driving offences, but if the hon. Lady writes to me again about this harrowing case, I will look at it very carefully and write back to her with the detail.
(4 years, 1 month ago)
Commons ChamberObviously there is a strong role for specialist officers in particular aspects of investigation or in investigations that have particular characteristics. The key thing is that those officers work hand in glove with other officers, particularly those based in a borough, who very often are able to piece together the investigation in a way that a specialist officer is not. One of the improvements the Metropolitan police are putting in place is better training for frontline response officers to make sure that they are able to follow an investigation from start to finish, basically, much more and that only the most serious of crimes are handed off to the specialists, in a way that is co-ordinated. Therefore, the chain in intelligence and the appreciation of the full picture, if you like, of what has happened in a related set of offences will not be lost to the organisation.
It has been a terribly sad few days. As my right hon. Friend the Member for Exeter (Mr Bradshaw) said, we did not expect in this day and age for a partner of a gay man to be treated in this way. Although progress has been made, it can still be extremely difficult for members of the LGBT+ community to speak confidently about partners or relationships. What protocols has the Minister put in place since these tragic events, not just in the Met but across all police forces, to ensure that friends, partners and families of those in the LGBT community are treated effectively and sensitively in any form of investigation? What will he do to ensure that those protocols are implemented effectively, and are not just a piece of paper?
As I hope the hon. Lady knows, the Police, Crime, Sentencing and Courts Bill, which is currently in the other place and is due to return to us in the new year, will place in law the provision of a police covenant, one of the key themes of which is family support and welfare. As part of our engagement to build that picture, I was very pleased to participate with a number of groups on different aspects of policing. As I say, there is a great tapestry these days; there is not just a monoculture in British policing. I spoke to those who are in an LGBT+ relationship, a key group, to understand the particular relationship they have with policing and the particular support they may need for the future. I hope that, as the covenant lands, we will be able to flesh out more widely what that support looks like, and that she will be able to support us in doing so.
(10 years, 10 months ago)
Commons ChamberIt is very much my hope that we will achieve two things. The event enabled contacts to be made around the world. That will enable law firms, our barristers and others who took part, to find new business opportunities to help enhance the economy of this country and the legal services sector and boost our long-term economic plan. In addition, I hope we have set a foundation that will allow the event to be held again in future and that we will continue to make London the centre of legal services internationally.
People with asbestos-related diseases not only have to cope with their illness, but often have a difficult court battle to get compensation. With the proposed rise in court fees, which are totally disproportionate—for example, going from £1,300 to £10,000—many claimants will be deterred. Will the Minister look again at the scale of those rises to see if they can be reduced to a more reasonable level?
Some 90% of people will not be affected by the enhanced fees, and we have waivers for people who do not qualify on financial grounds. The fees will apply only to a relatively small number of people, and even for them we have the waivers.
(11 years, 2 months ago)
Commons ChamberMy hon. Friend has taken a long-standing and serious interest in this issue. Fixed-term recalls can be used only when the offender does not pose a risk of serious harm to the public. When recall prisoners are assessed to pose a risk of serious harm to the public, they are given standard recalls to serve the remainder of their sentence in prison, and will be released earlier only if it is safe to do so. Under the Criminal Justice and Courts Bill, offenders who do not comply with their licence and are highly likely to commit further breaches if released are deemed unsuitable for fixed-term recall. We therefore have measures either in place or in the pipeline to exclude high-risk and prolific offenders from fixed-term recalls.
The Minister of State, Ministry of Justice (Simon Hughes)
As the hon. Lady will know, this Government are the first ever to have addressed the question of humanist weddings in England and Wales. Following the passage of the Marriage (Same Sex Couples) Act 2013, the Government are honouring their commitment to hold a review. That review finished in September, and more than 1,900 people responded. We will honour our commitment to produce a report following that review by the end of the year.
It is ironic that humanists, who have been celebrating same-sex weddings for three decades, are the one group that has not yet achieved equality through the recent Marriage (Same Sex Couples) Act 2013. Will the Minister make a firm commitment that before the general election he will lay the necessary orders to ensure full equality, so that people can have a humanist celebration without also having to hold a civil ceremony?
Simon Hughes
The Government have legislated for same-sex marriages and were the first Government ever to address that question. I cannot anticipate the announcement at the end of the review. We are currently assessing the many responses to the consultation, as the hon. Lady would expect. We are committed to producing the report, and after that I will be happy to go into details of what the Government plan to do next.
(11 years, 7 months ago)
Commons ChamberI understand entirely my hon. Friend’s concerns about the case, and my sympathy and, I know, hers goes to the victim of Keith Williams who is her constituent. I understand the position in this case to be that a mistake was made in the first instance by those within the Ministry of Justice, for which I apologise, regarding the disclosure of the victim impact statement to the defendant and his solicitors; but the second time the matter was considered by the Parole Board, the board received different information, including a psychological report it had not seen before. My hon. Friend will understand that, because the board is independent and reaches its own conclusions, I cannot undo what it has decided. What I will do is make sure that the maximum reassurance over the licence conditions that were imposed is provided to her constituent.
3. What the Government’s strategy is for the future of the probation service.
19. What progress he has made on changes to the provision of probation services.
Reoffending rates remain unacceptably high, particularly among short-sentenced offenders. By bringing in a diverse market of providers, paying by results for reductions in reoffending, and extending rehabilitation to all offenders leaving custody, we can bring down these reoffending rates. We are on track to deliver these essential reforms by 2015.
What reports has the Secretary of State received of cases going unsupervised since the 21 community rehabilitation companies were formed on 1 June? If he has received any such reports, what does he intend to do about them?
We have been bedding in the new system over the past month. I have been monitoring carefully what is happening. For example, the level of recalls has not changed significantly as a result of the changes. We are pushing ahead with the changes, and the organisational changes in particular, while the probation service is in the public sector to ensure that we can iron out the inevitable teething problems that accompany such a change. I am confident that good progress is being made, and public safety remains our No. 1 priority.
(12 years, 7 months ago)
Commons ChamberRightly, a lot of attention has been given to the changes to legal aid for criminal law and the removal of choice of solicitor, and those are serious matters, but I will focus on the cuts to legal aid for judicial review. I do not speak as a legal expert—I am not a solicitor or a barrister—but I will illustrate how judicial review has worked in the past and how the proposed changes will militate against good outcomes.
A 12-year-old boy was excluded from school and his local authority placed him in the pupil referral unit. After a couple of days he stopped going, because the PRU was in an area where a different gang was based and he was scared. For two years, the boy received no education: the local authority occasionally organised meetings with the family and occasionally threatened to take his mother to court. Understandably, she wanted her son to be educated, but she understood his fears.
A local charity recommended a solicitor, who made repeated attempts to resolve the problem with the local authority. They were ignored. Eventually, the mother issued judicial review proceedings. They were ignored. An order was made for the matter to be expedited, with a date for the authority to set out what it steps it was taking to provide the boy with an education. That order finally galvanised the authority into action to avoid judicial review. A package was worked out, with good will, between the council, the PRU and the local college—a right and welcome outcome. Under the Government’s proposals, the case would not have received legal aid, as it was settled before the permission stage.
There are other cases that illustrate my worries about the future, such as the woman receiving treatment for cancer who was evicted because the landlord wanted to sell the property unoccupied. She would no longer be able to challenge the council’s decision not to provide her with emergency accommodation. A 16-year-old girl fleeing the physical abuse of her alcoholic mother and stepfather was living on the streets until the threat of judicial review convinced the council to find her accommodation. Shelter, which represented the girl, would not have been paid for the case because the local authority acted after it was threatened but before the case got to court.
What do those case studies tell us? They tell us that under the new regime, lawyers are unlikely to take on a case where there is a likelihood that it will be settled before permission stage, as they will not be paid. Perversely, the strongest cases will not be funded and taken up. People on low incomes will have much less chance of getting access to judicial review and to justice. We are told that cases such as the ones I have described are less likely to have a good outcome. The young man whose case I described is now enjoying learning and, hopefully, he will grow up to have a decent job and contribute positively to society. Imagine what might have happened if that intervention had not occurred early enough.
Does my hon. Friend agree that when changes are so far reaching, there really ought to be some sort of pilot scheme and evaluation before anyone takes any steps any further to try to implement any changes of this nature?
I absolutely agree. In the examples I gave, if the outcomes that were, in effect, negotiated before the cases got to court had not been achieved, the costs of the alternatives in terms of alienation, unemployment, ill-health, petty crime and worse, replicated across the country, would far outweigh the £1 million that I understand the change is designed to save. How much more would it cost us to keep that young man in the criminal justice system and to replicate that across the country?
It is a disgrace that the Secretary of State is not here, but hon. Members should count themselves lucky that there is a Minister here at all, because in yesterday’s Westminster Hall debate on legal aid in Wales, secured by the hon. Member for Ceredigion (Mr Williams), we had a Whip replying, rather than a Justice Minister.
I hope that today the Minister will be able to respond to two very important points. One concerns a pilot. It seems that the idea of firms having to tender will be rolled out across the whole country without even first trying a simple pilot. A pilot scheme is absolutely essential. The other issue is the time scale. The way the proposals are being brought forward is so rushed.
I will not, because of the time available.
There seems to be absolutely no time to consider the proposals, certainly for small firms. If they are to contemplate trying to work together, they will need far more time to put together their tender and fully understand how it would work.
I come from the Dyfed Powys area, which is the largest police force area in England and Wales. It takes three and a half hours, for those who know the roads well, to drive from Llanelli to Machynlleth. The idea that only four firms could provide for that vast rural area is complete nonsense. Many local solicitors will be unable to participate and will effectively lose all the business. That means the clients will be unable to access the justice they need, never mind access to specialised areas or in the Welsh language. Even one of the larger firms in the area, which is obviously very small by national standards, has said that it cannot see itself tendering through the process. It is absolutely essential that clients have a choice. As many Conservative Members have pointed out, it is quite ironic that a Conservative Government are proposing to eliminate choice. Many clients have problematic backgrounds. They want to go to somebody they know who may also know their family, their circumstances and the community they come from.
We hear about all the stereotypes of clients who need legal aid, but Thompsons Solicitors has pointed out that it will often be used by someone to clear their name, such as a paramedic or teaching assistant who has been wrongly accused of assault or suchlike. My hon. Friend the Member for West Ham (Lyn Brown) made an extremely compelling case for the use of legal aid not only for judicial review but for the preparations leading up to it. JR is vital in holding our public services to account and avoiding many other complications for the clients involved further down the line.
The real threat that these proposals pose to justice is that people may be tempted to plead guilty rather than innocent. That is extremely worrying; it really is a recipe for miscarriages of justice. As for people trying to represent themselves, we should think about how that will clog up our courts, which will be completely overwhelmed. With the current staffing levels in courts, people already have difficulties in trying to get information, and they will not be able to cope.
Absolutely fundamental in all this is the fact that there is no redress for the ordinary person. We have seen this time and again with this Government, whether it is in trying to damage the employment tribunal system or trying to drive down wages in the context of rising prices. Every which way we look, it is the poor and the vulnerable who suffer. I very much hope that the Government will look again at these proposals.