Oral Answers to Questions

Paul Blomfield Excerpts

Tuesday 18th March 2014 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

1. What his future plans for legal aid are.

[Paul Blomfield (Sheffield Central) (Lab)]

3. What his future plans for legal aid are.

[Andy McDonald (Middlesbrough) (Lab)]

11. What his future plans for legal aid are.

--- Later in debate ---

[Mr Vara]

We need to look at the bigger picture and recognise that legal aid expenditure in this country—for England and Wales—is some £2 billion, which makes our system one of the most expensive in the world. Even after the reductions have gone through, the bill will still be one of the most generous in the world. We have to ensure that these reductions go through so that the legal aid budget remains sustainable.

[Paul Blomfield]

After a legal aid-funded judicial review of a negative reasonable grounds decision, the Home Office agreed that a Sheffield resident was a victim of trafficking. Under the new regime she would not pass the residence test for legal aid. The Government have been making much recently of their commitment to tackle human trafficking, so will they now reconsider their decision to reject the recommendation by the Joint Committee on Human Rights to exempt from the residence test all cases where the status of a trafficking victim is contested?

[Mr Vara]

We have made it absolutely clear that for the residence test it is important that they are our people—that they have some link to this country. We have set out where there are exceptions, and that has been made abundantly clear.

Oral Answers to Questions

Paul Blomfield Excerpts

Tuesday 17th December 2013 Commons Chamber

[Mr Gerry Sutcliffe (Bradford South) (Lab)]

13. What steps he plans to take to ensure access to justice regardless of ability to pay.

[Paul Blomfield (Sheffield Central) (Lab)]

14. What steps he plans to take to ensure access to justice regardless of ability to pay.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The fee remissions scheme was updated on 7 October this year. It provides for court and tribunal fees to be waived in whole or in part based on an assessment of the user’s disposable capital and gross monthly income. The scheme ensures that access to justice is protected for those who cannot afford to pay court or tribunal fees. Legal aid also remains available in many cases, and those granted legal aid will have their court fees paid.

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[Paul Blomfield]

The Secretary of State’s justification for the legal aid residence test is contribution, particularly through tax. Can he therefore explain his decision to exempt only certain categories of children from the test? If he fails to broaden the exemption, is he not in danger of falling into the trap that the Joint Committee on Human Rights described last week as

“knowing the price of everything but the value of nothing”?

[Chris Grayling]

I might be a bit old-fashioned, but I do not think that we should give civil legal aid to people who have just arrived in the country. However, I recognise some of the issues raised in the consultation and I have listened. The change with regard to very young children under 12 months old was specifically requested by people in the judiciary. I listened and I introduced it.

Oral Answers to Questions

Paul Blomfield Excerpts

Tuesday 12th November 2013 Commons Chamber

[Jeremy Wright]

I can reassure my hon. Friend that it is important that when we look at the disposal of these sites, we work together with the local authority and other key stakeholders to make sure that that is done properly. As he will appreciate, what happens to the site now is predominantly a matter for the local planning authority, not for us, but we will co-operate in any way we can.

[Paul Blomfield (Sheffield Central) (Lab)]

2. What assessment he has made of the potential effect of his planned probation reforms on the rate of reoffending.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Extending statutory supervision and rehabilitation to every offender released from custody, introducing an unprecedented nationwide through-the-gate prison service, and bringing in innovation of a diverse range of providers will help to reduce stubbornly high and rising reoffending rates.

[Paul Blomfield]

The Secretary of State will know that South Yorkshire probation trust is a high-performing organisation that has delivered five years of significant reductions in reoffending against predicted rates. Its performance is described as excellent by his Department. He also knows that his Department’s internal risk register warns that there is a more than 80% chance that his proposals to privatise the probation service will lead to an unacceptable drop in operational performance. Will he recognise the risk, face the facts, put public safety first and think again?

[Chris Grayling]

The real risk would be not to accept the fact that reoffending is rising in this country, and that each year thousands of people are victims of crime committed by people who leave prison unsupervised and unguided. That is what this Government intend to change.

Transforming Legal Aid

Paul Blomfield Excerpts

Thursday 5th September 2013 Commons Chamber

[Chris Grayling]

My hon. Friend is right; we have focused the majority of our changes relating to the Bar on those at the upper end of the income scale. I know that this is difficult and that these are painful decisions for some people, but there will be a limit to what we can afford to pay someone who is living off public funds entirely or almost entirely.

[Paul Blomfield (Sheffield Central) (Lab)]

While welcoming the Justice Secretary’s statement, made in the face of the enormous opposition that his original proposals generated, may I press him further on one of the earlier answers he gave? Will his new proposals still mean that not only trafficked people, but separated children, survivors of domestic violence, detainees and children under 12 months will have reduced eligibility for legal aid?

[Chris Grayling]

We have made exceptions to that test with our modifications relating to the residency test, particularly for very young children and victims of domestic violence and of trafficking, and in one or two other cases where we have international obligations, but the vast majority of people who come to this country have to expect to be here for a while before they can access civil legal aid. That is right and proper, and it is what the public would expect.

Legal Aid Reform

Paul Blomfield Excerpts

Thursday 27th June 2013 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

I am pleased to be able to contribute to a debate in which we have heard many thoughtful contributions from both sides of the House. The number of speakers clearly illustrates the concerns on this issue, but time does not permit us to do justice to them all or me to reflect all the detailed representations I have received from my constituents. I shall therefore focus on the main ones.

The first concern is about price competitive tendering. To demonstrate the breadth and depth of concern, let me refer the Minister to his more senior colleague, the Attorney-General, who told The Law Society Gazette:

“I cannot see that competitive tendering in criminal legal aid makes sense—legal aid contracts do not pay market rates. If firms want to win a competitive tender, the only way they will be able to undercut each other is by steps that could open them up to potential allegations of incompetence”.

He continued:

“There are ideas creeping into the system that treat legal aid as if it is just about the economic provision of a service. That approach will lead to problems with lowered standards”.

Those comments were made in 2004, but are even more pertinent to today’s proposals. Furthermore, they were made by someone who not only is the Government’s chief Law Officer, but has considerable personal experience of the criminal justice system, and he clearly understands not only how the legal system works, but how markets work, so as Eddie Stobart prepares to dispense justice off the back of a lorry and G4S prepares to bring its expertise from the Olympics to the criminal justice system, we need to ask what the legal landscape will look like if these proposals are forced through.

As hon. Members have said, in the three months that businesses have in which to bid, small legal practices will be squeezed out of the system. It is deeply ironic that the Government are proposing a system so damaging to small businesses. Unable to grow to the scale needed to compete for contracts and unable to offer the loss leaders of the big companies that want to get into the market, hundreds of firms will go to the wall, and as was pointed out, this will affect not fat-cat lawyers, but many honest, hard-working and often poorly remunerated solicitors, who, with their modest earnings, make a real commitment to justice in this country.

Our bigger concern, however, should be about the impact on justice. We are looking at a cost-driven race to the bottom, with firms competing simply on price and, as was pointed out, being incentivised to cut corners and find the innocent guilty. As the consultation document makes clear, lawyers will receive the same fee for entering a swift guilty plea as for providing several days’ legal defence. Constituents have also made the point to me that losing the opportunity to choose a lawyer is a fundamental breach of rights. I am disappointed that the hon. Member for Bromley and Chislehurst (Robert Neill) minimised the importance of that. On that issue, the Justice Secretary’s own comments are as enlightening as they are shocking. He gave a real insight into his thinking when he said:

“I don't believe that most people who find themselves in our criminal justice system are great connoisseurs of legal skills”—

as they—

“often come from the most difficult and challenged backgrounds”.

He seemed to suggest that wisdom comes only with someone’s position in society, and that only those who can afford it should have a choice of representation.

Throughout the proposals, the same casual disregard is shown for those who are not considered worthy of justice. They include survivors of domestic violence—whose position was raised with me by the local medical committee in Sheffield—trafficked people, separated children who fail the residency test, prisoners whose cases cannot be addressed through the complaints system, legitimate asylum seekers wishing to challenge decisions, and those seeking access to judicial review.

Bargain basement representation will damage this country’s reputation for justice. I urge the Justice Secretary to listen to the wise counsel of the Attorney-General back in 2004. He should also listen to the widespread concern being expressed throughout the country and to the views being expressed on both sides of the House, and he should go back to the drawing board.

Oral Answers to Questions

Paul Blomfield Excerpts

Tuesday 19th March 2013 Commons Chamber

[Pat Glass (North West Durham) (Lab)]

11. What plans he has for the future of the probation service; and if he will make a statement.

[Paul Blomfield (Sheffield Central) (Lab)]

12. What plans he has for the future of the probation service; and if he will make a statement.

[Jeremy Wright]

The transforming rehabilitation consultation closed on 22 February 2013. Our proposed reforms will help reduce reoffending by opening up the provision of probation services to a wider range of providers and by extending rehabilitative provision to those serving less than 12 months in prison. We will respond to the consultation and bring forward detailed plans in due course.

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[Paul Blomfield]

My probation trust in south Yorkshire is not alone in being concerned about the proposal to split responsibility for offenders between public and private providers, depending on the level of risk, as that introduces a dangerous artificial divide that fails to take account of the way in which risk fluctuates. Will the Minister tell the House how many offenders on licence saw their risk level change between medium and high over the past 12 months, and how many of them committed serious offences in that period?

[Jeremy Wright]

The hon. Gentleman is right that one of the major issues that has arisen through this process is the dynamic nature of risk, and we fully appreciate that that is an important subject. None the less, it is important to look at the need to make the best use of the skills of the probation service. There are considerable skills within the probation service in managing the risk of serious harm, which is why we propose that those offenders who pose the highest risk should be managed directly. We also think that it would be good to bring in new ideas from those who work in the voluntary and private sectors to manage the reoffending rates of medium and low-risk offenders. As to the point he makes, it will be clearly crucial for good relationships to exist between the public sector probation service and those providing work for medium and lower-risk offenders, and we will build into the system those safeguards.

Probation Service

Paul Blomfield Excerpts

Wednesday 13th March 2013 Westminster Hall

[Paul Blomfield (Sheffield Central) (Lab)]

It is a pleasure to be able to take part in the debate under your chairmanship, Mr Crausby. I congratulate my hon. Friend the Member for Leeds East (Mr Mudie) on securing this important debate and on his comprehensive critique of the Government’s proposals. I am sorry that several pages of his speech were lost, owing to interventions, but that shows the strength of concern about the proposals.

My speech will be relatively brief, and I want to focus on some of the concerns of the South Yorkshire. Without wanting to compete with those of my hon. Friends who commented on the trusts in their areas, I will mention the fact that it recently received a five-star accreditation in the British Quality Foundation’s Recognised for Excellence programme, on the strength of its organisational performance. I hope therefore that regard will be paid to its views. We can all agree that we need to increase rehabilitation levels, to support a reduction in reoffending, but the South Yorkshire probation trust’s concerns deserve proper consideration.

The trust points out that although the Justice Secretary is looking for improvements in the reoffending rate, such improvements are already being achieved by the probation service. According to the Ministry’s figures, performance in relation to offenders under statutory supervision has improved year on year over the past decade. The data show that adult proven reoffending was 3.1 percentage points lower in 2010 than in 2000; 66% of offenders subject to statutory supervision by the probation service do not go on to reoffend. Those include a range of offenders with a mixture of complex and demanding needs who are assessed as being at low, medium or high risk of both harm and reoffending. Conversely, according to National Audit Office figures, 60% of offenders who are not subject to statutory supervision by the probation service—those who receive a prison sentence of less than 12 months—go on to reoffend.

A key concern of the South Yorkshire probation trust about the new proposals is the proposal to split responsibility for offenders between public and private providers, depending on the level of risk. Its concern is that that could introduce a dangerous, artificial divide, which would fail to take account of how risk levels fluctuate. It sees the management of medium-risk cases in particular as a “fundamental threat” and points out that there seems to be a belief that medium-risk cases are assessed as such on the basis of the seriousness of the current offence. However, that is not always the case. Medium-risk offenders have already caused, or are assessed as having the potential to cause, “serious harm”. They can include those on life sentences, individuals who have a history of domestic abuse, members of gangs, and individuals who pose a risk to children.

The proposed model fails to recognise that circumstances can change abruptly. Thus, someone who is deemed to be of low or medium risk could subsequently become high risk, and the staff in the contracted organisation might not be equipped to recognise that. Even if they did, they would then presumably need to arrange a hurried transfer back into the public sector. That would clearly be nonsense, and a bureaucratic nightmare.

[Kate Green]

Does my hon. Friend agree that as well as being nonsense and a bureaucratic nightmare it would be a financial disincentive for a private provider?

[Paul Blomfield]

My hon. Friend makes a good point. It is a significant financial disincentive, which underlines what nonsense the proposal is at every level.

The South Yorkshire probation trust also considers that the proposals show a failure to understand the complexities of accountability in the criminal justice system. If a judge or magistrate has concerns about the supervision of a contracted-out court order, with one or more organisations involved, whom should they ask to appear before them? Information sharing, particularly with the police, will become complicated and relevant information in relation to risk issues will be lost. Only a qualified probation officer should be the offender manager of medium-risk cases: that is how the trust operates, and it believes it is a reason for its high performance. I would underline the importance of learning from high performance to reduce reoffending. The model that the trust believes fully supports the Government’s plans to bring other sectors together is based on the approach of the offender manager and offender supervisor relationship; it builds on current successful practice in working with many agencies from the public, private and third sectors, often in the same premises, to manage difficult and dangerous offenders in the community.

Like many of my hon. Friends, I am concerned about the proposal to reduce the number of trusts. South Yorkshire had also raised that matter. My hon. Friend the Member for Scunthorpe (Nic Dakin), who is no longer in his place, talked about the importance of local anchorage. The proposals for a reduced number of trusts would make it more difficult for the probation service to retain local links and a local profile, and what my hon. Friend called anchorage. Those changes to structures, coming at the same time as changes to who provides services, and how they provide them, will be such an upheaval that it will put the success of the Government’s scheme at significant additional risk. I ask the Minister to listen not only to all my hon. Friends but to the professionals in the field; to take account of the responses to the consultation; and not to rush through changes that would increase the risks to public safety.

Oral Answers to Questions

Paul Blomfield Excerpts

Tuesday 13th December 2011 Commons Chamber

[Mr Blunt]

My hon. Friend has alighted on a particular problem. We need a policy of social justice and early intervention that begins to address such problems before people in that situation turn to crime and end up in the criminal justice system.

[Paul Blomfield (Sheffield Central) (Lab)]

Last Friday, the Government equality unit announced that the Equality and Human Rights Commission funding for discrimination casework in law centres would end in March 2012 and that discussions would begin for replacement arrangements from April 2013. How do the Government plan to support victims of discrimination in the intervening 16 months and thereafter?

[Mr Djanogly]

I assure the hon. Gentleman that there are no proposals to end legal aid for discrimination cases. I think he is confusing that with the Government’s wider decision to delay the legal aid changes by six months.

Police Detention

Paul Blomfield Excerpts

Thursday 30th June 2011 Commons Chamber

[Nick Herbert]

For the third time, I say to the hon. Gentleman that I have explained the timeline in detail. When he looks at the record, he will see that I said—I am happy to repeat this—that Greater Manchester police approached the Home Office in May, but we received the written judgment from the court only on 17 June. Therefore, action was taken as soon as possible to understand the effects and seek advice once that written judgment was taken.

[Paul Blomfield (Sheffield Central) (Lab)]

This is an important point, and information from the House of Commons Library suggests that Home Office officials did know in May. Will the Minister give a clear answer to the House on whether that is the case, yes or no?

[Nick Herbert]

I do not understand why Labour Members are trying to pursue a point that I have already answered on a number of occasions. I am happy to repeat that officials were informed in May about the oral judgment, but it was only in June that we received the written judgment of the High Court judge. Officials then began to appreciate that the implications extended beyond that which was originally understood from the oral judgment. I am happy to go on repeating that timeline to hon. Members for as long as they seek to ask these questions.