Oral Answers to Questions

Nigel Mills Excerpts

Tuesday 20th February 2024 Commons Chamber

[Alex Chalk]

It is important to note that reoffending is down compared with under the last Labour Government. The hon. Lady shakes her head, but one can dispute opinions in this House, but not facts. The reoffending rate in 2010 was around 31%; it is 25% now. That means fewer people falling victim to crime.

The hon. Lady refers to accommodation, and she is right to do so. What she did not advert to is this Government’s decision to provide 12 weeks’ guaranteed accommodation, which did not happen under a Labour Government. When I went to Luton and Dunstable, I spoke to a probation officer who has done the job for 30 years, and do you know what he said? It is the single most effective measure to drive down reoffending. Who did that? Not the Labour party, but us.

[Nigel Mills (Amber Valley) (Con)]

2. What steps he is taking to increase sentences for dangerous offenders.

[The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)]

Measures in the Sentencing Bill will ensure that those who commit the worst crimes will receive the most severe punishment. The Bill creates a duty for the court to impose a whole life order for murders currently subject to a whole life order starting point and for those that involve sexual or sadistic conduct, unless there are exceptional circumstances. The Bill will also ensure that convicted rapists must serve 100% of their custodial term in prison, followed by a licence period.

[Nigel Mills]

I thank the Minister for his answer and welcome those measures. The two worst cases I have had to deal with as an MP was where women were brutally murdered by a partner or ex-partner. What are the Government going to do in response to the Clare Wade review to increase sentences for people who commit those awful, vile offences?

Oral Answers to Questions

Nigel Mills Excerpts

Tuesday 18th December 2018 Commons Chamber

[Lucy Frazer]

My Department is making a lot of efforts to ensure we have the right deal. We have received £17 million for EU Brexit preparations. We have over 110 full-time employees, including newly recruited employees, working across deal and no deal. I would say, as the Lord Chancellor said in his FT article at the weekend, that the Conservative party is ensuring the future of our country, whereas the leader of the Labour party is just trying to make political points to ensure a general election.

[Nigel Mills (Amber Valley) (Con)]

5. What steps the Government are taking to make it easier for people to initiate legal proceedings.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

The Government are simplifying many application processes, making it much easier to initiate proceedings. Once a decision to get divorced has been made, one can now petition for a divorce online. Probate can be applied for online and a money claim can be issued, for up to £10,000, using our online courts process.

[Nigel Mills]

Will the Minister go a little further and say how she can make it easier for people to participate in proceedings once they have initiated them?

[Lucy Frazer]

My hon. Friend makes an incredibly important point. It is important not only to be able to initiate proceedings easily, but participate in them. Recently, we had early testing of full video hearings held in a tax tribunal, enabling the applicant and the respondent to not have to travel to court or take any time off work. In fact, Her Majesty’s Revenue and Customs was based in Belfast in those cases and the applicants were elsewhere in the country—and, in one case, in Greece. That small scale evaluation shows that participants found them convenient and easy to understand. They will not be appropriate for every case, but this is technology we need to consider.

Draft Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2016

Nigel Mills Excerpts

Wednesday 16th March 2016 General Committees

[Nigel Mills (Amber Valley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Percy.

I wonder whether the Minister would care to answer a few questions about how we should take this policy forward in the light of the Budget announcement, which appears to have been trailed, that the Government will introduce a help to save scheme. Effectively, the scheme will give those who are on a pretty low income a 50% bonus if they save a certain amount each month over a certain period. The existing automatic enrolment schemes give people who save into them a 25% taxpayer contribution. People who are pretty short of money and who want to save for their future would perhaps be better off saving with the new help to save scheme, because they would get a 50% taxpayer bonus and would perhaps have the money available to them if they needed it before they retired. Automatic enrolment effectively compels them to join a pension scheme, where they may suffer the downside and the costs of having their money locked away for a long period.

I am a little intrigued, so I wonder whether the Minister would care to say a few words about the direction of savings policy, because it seems a little unreasonable effectively to force people into a savings vehicle that now looks to be a little less attractive than going into a help to save scheme that has a bigger bonus and that would give them more ready access to and control of their money.

I suspect that the answer will be, “Until the Chancellor of the Exchequer announces it, we cannot speculate.” The other answer might be that the pension scheme at least has an employer contribution, but that is effectively a cost to the employer that does not go into the wage pot. I wonder whether this is a sign that the Chancellor wishes he had gone for a tax-exempt pension route and that he is trying to recreate it for the very lowest level of savers, perhaps in a more flexible way.

Police Funding Formula

Nigel Mills Excerpts

Monday 9th November 2015 Commons Chamber

[Mike Penning]

That is part of the review. We will ensure that we look carefully at what the hon. Gentleman has said, but, at the moment, Cardiff has not lost anything because I have suspended the review and the changes.

[Nigel Mills (Amber Valley) (Con)]

I am not sure what was the worst news for Derbyshire. First, there was the news that the proposed new formula was unduly generous to Derbyshire; now there is the news that we are stuck with the outdated, unfair existing formula for at least another year. May I urge the Minister to stick to his guns and press ahead and get a new formula in place as soon as he possibly can?

[Mike Penning]

So many Committees and so many experts outside this House and inside this House—I have met lots of them in the past couple of weeks—believe that we need a new funding formula. There is cross-party agreement on that, so that is what we need to do. I did say that there would be winners and losers, and I apologise to Derbyshire for the delay.

Oral Answers to Questions

Nigel Mills Excerpts

Tuesday 12th November 2013 Commons Chamber

[Chris Grayling]

In normal circumstances in a serious further offence the family will see the report that is carried out. I will happily meet my hon. Friend to discuss the issue. He rightly highlights the very real challenge we face with reoffending in this country, because when it does take place, families are the victims of what happens and sometimes go through terrible circumstances. Some 3,000 very serious crimes committed by offenders who get no supervision is something that we all need to stop.

[Nigel Mills (Amber Valley) (Con)]

3. What steps he has taken to reduce reoffending and relieve pressure on the courts system.

[Glyn Davies (Montgomeryshire) (Con)]

15. What steps he has taken to reduce reoffending and relieve pressure on the courts system.

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

The best way to reduce pressure on the criminal justice system is to reduce reoffending and we seek to achieve this in prisons and in the community. For example, under our transforming rehabilitation reforms every offender released from custody, including those sentenced to less than 12 months, will receive statutory supervision and rehabilitation in the community. This is a step towards reducing high reoffending rates which is widely welcomed, including by the Labour party, though I note that Labour Members voted against it last night.

[Nigel Mills]

With employment being key to preventing reoffending, what steps is my hon. Friend taking to ensure that offenders in prison are engaged in purposeful work or learning new skills that they can use on the outside?

[Jeremy Wright]

My hon. Friend is entirely right to say that work plays a crucial part in the task of reducing reoffending. He will be reassured to know that we are having considerable success in raising the number of prisoners who are working and the number of hours that they are working too. We have already achieved a 25% increase in the hours worked in prison since we came to power.

Oral Answers to Questions

Nigel Mills Excerpts

Tuesday 8th October 2013 Commons Chamber

[Chris Grayling]

We have done equality work, and the changes announced in September will mean that there should be no reason for any BAME specialist firm to have to change what it does.

[Nigel Mills (Amber Valley) (Con)]

18. Will the Secretary of State confirm that the revised proposals have been agreed with the Law Society, and that small, local law firms will have continuing access to get that work?

[Chris Grayling]

I can give that confirmation. We have tried to ensure that through a contracting structure for duty work, we can guarantee that anybody who is arrested and taken to a police station will always have access to a lawyer. At the same time, we recognise the point about small firms in my hon. Friend’s constituency, and those in Liverpool mentioned by the hon. Member for Liverpool, Wavertree (Luciana Berger). Such firms can continue to do their own client work, albeit in a tough financial environment, so that the choice that has been enjoyed in the past will continue.

Oral Answers to Questions

Nigel Mills Excerpts

Tuesday 18th September 2012 Commons Chamber

[Grahame M. Morris (Easington) (Lab)]

3. What assessment he has made of the effect on victims’ services of the work of police and crime commissioners.

[Nigel Mills (Amber Valley) (Con)]

13. What assessment he has made of the effect on victims’ services of the work of police and crime commissioners.

[The Minister for Policing and Criminal Justice (Damian Green)]

We expect that the needs of victims will be one of the key priorities for police and crime commissioners and that the effect on victims’ services will be a positive one. PCCs will be ideally placed to commission the most appropriate services to support victims in their area.

--- Later in debate ---

[Damian Green]

Central Government currently spend about £66 million a year on supporting witnesses and victims of crime, and we aim to raise up to an additional £50 million a year from offenders, through the victims surcharge and other financial impositions, to be used for support services for victims and witnesses. The police and crime commissioners will therefore have sufficient budget to enable them to make their own judgments on how best to support victims in their area.

[Nigel Mills]

Many victims feel let down by the whole process. Does the Minister agree that the police and crime commissioners, with their local knowledge, will be able to ensure that victims get a fair deal throughout the investigation and sentencing processes?

[Damian Green]

My hon. Friend is right. Individual PCCs in specific areas will be the best placed to understand the needs of the local community and to commission the services to meet those needs, as they will be taking those decisions closer to the people who will be most affected by them. That is the whole thrust of this important reform.

Oral Answers to Questions

Nigel Mills Excerpts

Tuesday 13th December 2011 Commons Chamber

[Mr Clarke]

I think there have been one or two colourful occasions when I have helped to dispel some of the misconceptions about the Human Rights Act, but I of course await the advice of the commission, which the Government have set up to advise us on those matters, so that we can decide whether a better way of complying with our obligations under the convention might be a Bill of Rights rather than the Human Rights Act. But there is no doubt: this Government will seek to abide by their full obligations under the convention on human rights.

[Nigel Mills (Amber Valley) (Con)]

T4. I am sure the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly), will join me in paying tribute to the work of the citizens advice bureau in Amber Valley. What progress has he made in his discussions with the Cabinet Office to secure future funding for such centres?

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

The Cabinet Office is working on two fronts: first, in relation to an immediate payment to not-for-profit organisations; and, secondly, in relation to a longer-term proposal to look at transitional arrangements for those bodies. The MOJ supports both.

Police Reform and Social Responsibility Bill

Nigel Mills Excerpts

Monday 12th September 2011 Commons Chamber

[Mr Burley]

My hon. Friend makes a good point. For me, the natural corollary of that frustration at not seeing police on the streets or feeling that there are too many in back and middle offices, is that the public feel that they have no one to complain to. People do not know how to complain. They do not know who their police authority is—we have seen that from the surveys—and there is no single, high-profile, accountable individual to whom they can complain. That compounds the frustration that my hon. Friend talks about. They do not know to whom to go to say, “We want more police on the streets and we are going to hold you to account at the ballot box unless you deliver it.”

[Nigel Mills (Amber Valley) (Con)]

Perhaps I can help my hon. Friend with his argument. A person who is minded to complain about Derbyshire police might try to find the police authority link on the front page of the Derbyshire police website, but they will find it right down in the bottom left—it has about the same significance as the link to the male voice choir.

[Mr Burley]

My hon. Friend makes my point for me. I would be fascinated to know whether any of the 43 police and crime commissioners elected next year will have such low visibility on their websites for people who want to contact them or complain about the police. All those points show why the introduction of police and crime commissioners is so important. They are a key element of the Government’s programme of decentralisation, where power is returned to people and communities.

I want the new commissioners to be big local figures with a powerful local mandate to drive the fight against crime and antisocial behaviour. After all, they will decide policing strategy; set the force budget and the local council tax precept; and appoint, and if necessary dismiss, the chief constable—that point has been made throughout the debate. They will do those things on behalf of the public who elected them, and who will then hold them to account at the ballot box.

A key point is that the role of commissioners will also be greater than that of the police authorities that they replace. That is the significance of the words “and crime” in their title. Police and crime commissioners will have a broad remit to ensure community safety within their budgets, and to prevent crime and tackle drugs. They will work with local authorities, community safety partnerships and local criminal justice boards, helping to bring a strategic coherence to the actions of those organisations at force level. In future, their role could be extended to other elements of the local criminal justice system, ensuring that the police and those who manage offenders operate together, working to break the cycle of crime.

In short, police and crime commissioners will be big beasts: highly visible, highly accountable and highly effective. The contrast between them and today’s police authorities could hardly be greater.

Police (Detention and Bail) Bill

Nigel Mills Excerpts

Thursday 7th July 2011 Commons Chamber

The Minister has dealt with the issue of retrospection. I think that all hon. Members are concerned about retrospective legislation, and that concern is understandable in this regard. Will the Minister confirm that the Bill will apply only to cases after 19 May—I think he said that it restores the law to what it was before the judgment—or will it impact on anything that happened before that judgment? We should be sure that we understand the extent to which the Bill will act retrospectively, so it would help the Committee if the Minister confirmed that point.

[Nigel Mills (Amber Valley) (Con)]

One of my concerns is that the decision might mean that the rule was ineffective going back 25 years and that a collection of people who believe that they were wrongly treated during that period might bring claims for compensation. There is some detail about that in the explanatory note and my reading of the clause is that the retrospective effect rules out any such potential issue. Does the hon. Gentleman agree with that and welcome it?

[Vernon Coaker]

I think so, but we are in Committee and I would need the detail in order to understand what legal advice the Government have had about retrospective effect before I could properly answer the hon. Gentleman. I thought that either the Minister or the Home Secretary had said that all this will apply only as far back as 19 May, when the initial judgment was made. I seek to clarify whether it is possible to apply such provision to cases from the past 25 years. There will be a legal opinion on that and I suppose it will be either one thing or the other.

I have only a few brief points to make, because of course we all agree with the Bill. Clearly, we all want the Bill to become law as soon as possible and certainly before Parliament goes into recess. In answer to the very important question about Royal Assent, the Minister said that the Government aim for the Bill to become law on completion of its passage through the House of Lords, which is on Tuesday. Will he confirm that what he actually means is that Royal Assent will be given at the end of that day? Are the Government aiming for that, or will it definitely be given then? We all want absolute and firm assurance on that, because every Member of the House supports the Bill and will want to know, 100%, that Royal Assent will definitely be in place before the House rises for the summer recess. Of course, that is assuming that the Bill is passed by both Houses.

With those few brief comments and detailed points I will sit down and wait for the Minister’s response or to hear what other Members have to say.

[Nigel Mills]

It is a pleasure to serve under your chairmanship, Mr Evans. I should like simply to expand a little further on the point I made in my intervention on the hon. Member for Gedling (Vernon Coaker) about the potential for retrospective effect. We have seen, in relation to other issues earlier this year, how concerned the public are about any possibility of compensation being paid to people who are guilty of offences and are, perhaps, now being denied their right to vote. I expect the public would be incredibly concerned if people who have been through what was thought to be due legal process now had some chance of compensation, no matter how little, because that process, despite having been believed by everyone to be right, might have been ruled technically out of order by one judge in a verdict with which no one seems to agree. I accept the fact that, as is made clear in the explanatory notes, making the Bill’s provisions retrospective, right back to 1984, is an attempt to address that.

My concern is that to some extent we are in this mess because Parliament was not clear enough about its intentions when it passed the 1984 Act. It would be helpful if Parliament was entirely clear about what we mean when we give retrospective effect and if the Minister made explicit the intention, as set out in the explanatory notes, that these powers will be restored to what we all understood them to be for 25 years so that the courts will not allow any compensation claims. The explanatory notes are clear that that is what the Bill is attempting to do.

To try to clarify the point that the hon. Member for Gedling made, if he looks at page 9 of the explanatory notes, he will see that paragraph 36(c) states:

“Unless the Bill is given retrospective effect, it is possible that a very large number of people could bring claims for damages for detention occurring before the judgment, even though that detention was in accordance with what was honestly thought to be a long-understood legal position.”

There could be a huge number of claims and a large amount of money at stake, and it would be very generous to think that some claims-handling firms would not go around trying to find people to make those claims and test the process.

I want to ask the Minister two questions. First, will he make it absolutely clear that the Government’s view, and Parliament’s intention, is that no compensation would be due? Secondly, will he address the point about whether it would be wise to add a separate subsection to the Bill that makes that absolutely explicit so that if and when such claims are brought there is no doubt that our intention is that no compensation should be due?

[Nick Herbert]

The hon. Member for Gedling (Vernon Coaker) and my hon. Friend the Member for Amber Valley (Nigel Mills) have raised a number of concerns that I will try to answer, but first I wish to return to the Opposition’s general allegation about delay. It is simply not the view of senior police officers that there has been inappropriate delay in the matter. The Opposition are claiming something that does not have the support of those most affected by the judgment’s implications.

I attended the ACPO conference in Harrogate this week, which the hon. Gentleman joined for the last day, and talked with the chief constable of Greater Manchester police, the force originally affected. He said that at the time of the oral judgment his force could not believe that a single judgment in Salford could affect all the cases across the country and overturn something that had been operating since 1986. The police force affected did not appreciate at that stage the potential wider implications of the court’s decision. The High Court judge, Mr Justice McCombe, said that the consequences would not be

“as severe as might be feared”,

a view with which the shadow Home Secretary disagrees. As I noted earlier, the ACPO lead on the issue, the chief constable of Essex police, Jim Barker-McCardle, has said:

“It was only when ACPO received the written judgment on 17 June…that the seriousness of the issue became apparent.”

The chief constable of the force concerned did not appreciate the wider implications, the High Court judge said that the consequences were not severe and the ACPO lead said that their seriousness was not appreciated until 17 June, and yet the Opposition appear to know differently and apparently, with astonishing clairvoyance, saw the need for action in May. Neither the police, nor the High Court judge saw the need for action, but the Opposition apparently did. This simply is not a credible position for the Opposition to take. I repeat that the Government acted as fast as we could. In particular, once we received formal advice from ACPO that it believed that emergency legislation was necessary, we acted very fast indeed.

I say to the hon. Member for Gedling—this is an important point—that the Opposition could take a different approach. He may remember that, in 2008, when the Supreme Court ruled on witness anonymity and against the common law understanding of the issue, the then Government decided to introduce emergency legislation and we supported them. I know that we did so because I led for the then Opposition. I did not claim that the Government of the day had in any way delayed, yet that emergency legislation was introduced to almost exactly the same timetable as this legislation after the written judgment had been received. We also hope that this legislation will be on the statute books sooner than that one was, so there is no need to strike such a partisan stance on the matter, given the cross-party agreement that it is necessary to do something. I am sorry that, when we need to consider the substance of the issue, the Opposition have continued to make political points, but I hope that deals with the issue of delay.

The hon. Gentleman also asked whether the Government felt there should be a debate about time limits. My point on Second Reading was that, if there are believed to be problems with the operation of police bail, and if the suggestion is that bail is being extended for too long a period or over-used, those who believe that to be the case should assemble their evidence and present a serious case, at which point I am sure that hon. Members on both sides will debate and consider it carefully.

Such points were made, it seems to the Government, at a very late stage and only when the High Court judgment came in, so we do not think it appropriate to amend the emergency legislation. That does not preclude sensible debate about the matter in future, but I gently point out to the hon. Gentleman that the Opposition did not raise them before that point, either. The House did not appear to be aware of a concern—if, indeed, there is widespread concern, and I do not presume that there is—about the operation of police bail.

The Government certainly do not have a closed mind to the issue, and of course we should pay the closest attention to a proper case, should one be made to us, but we will not arbitrarily and in a rushed manner set limits on the operation of police bail without proper evidence, proper understanding of the problem, proper consultation and proper consideration of the impact of such limits. That is a responsible position to take.

The hon. Gentleman asked also about the Government’s response to the Lords Constitution Committee report, which he correctly said we received just this morning, and in particular our response to its conclusion that there is an issue of constitutional principle regarding the separation of powers and the rule of law, because Parliament is introducing emergency legislation when an appeal is pending to the Supreme Court.

The Government do not see that the decision to legislate in advance of an outcome to that appeal raises any constitutional issues. The sovereignty of Parliament means that it is entirely open to Parliament to legislate at any time in response to a court judgment, and that is what we are doing.

The hon. Gentleman also raised the important issue of retrospection, about which my hon. Friend the Member for Amber Valley (Nigel Mills) was also concerned in relation to compensation claims. The hon. Member for Gedling wanted in particular to know whether the retrospective nature of the Bill meant it went back only to the original judgment on 19 May. That is not the case, because the High Court judgment itself applied to all cases going back to 1986. The Court, owing to its different understanding of the Bail Act, stated that any cases prior to 1986 may have involved unlawful detention, so this legislation must go all the way back as well. That is why if hon. Members read clause 1(3) they will see the following wording:

“The amendments made by subsections (1) and (2) are deemed always to have had effect.”

That is particularly important because we need to create legal certainty. As I said on Second Reading, it is important that we do not permit what might otherwise be the bringing of a rash of legal cases.