(13 years, 9 months ago)
Commons ChamberWhat my two right hon. colleagues agreed on in the coalition agreement was to establish a commission to investigate the case for a Bill of Rights. I am now discussing that with the Deputy Prime Minister and, as I have said, we will announce in due course the terms of reference for the commission that is to resolve the issue.
Yet again, the coalition Government are doing the right thing by looking at a Bill of Rights. The Secretary of State never wastes any time, so will he tell me when the commission is going to report and when we are going to get some action?
(13 years, 11 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
My hon. Friend is absolutely right. The previous Government made an almighty mess of this. Even though I disagree with the main thrust of this Green Paper, I commend the coalition Government for taking an organised and proactive interest in trying to address this issue sensibly, which the previous Government did not do.
My hon. Friend has been extremely generous in giving way. The fact that four Members have already contributed to this debate from the Back Benches shows how important the issue is. Prison officers came to my surgery and said, “What we need, Mr Bone, is not these short sentences of a year. We put them on community service for a couple of occasions, but when they come back the third time, we should put them away for five years so that they can get the proper training and education that they need in prison.” What would my hon. Friend say to that?
I would say that my hon. Friend is spot on. He has provided me with a helpful link to the next part of my speech which is about the length of sentences. In 2006, the Home Office report “Re-offending of adults” concluded that
“re-offending rates are lower among offenders discharged from a custodial sentence of at least a year (49 per cent.) than among those discharged from a shorter custodial sentence (70 per cent.)...This suggests that custodial sentences of at least a year are more effective in reducing re-offending.”
It is worth repeating those figures; prisoners with sentences of up to one year had a reoffending rate of 70%, while in the case of prisoners with sentences of more than two years the reoffending rate dropped to 49%. The report also showed that for people who had spent more than four years in prison, the reoffending rate was merely 35%. Looking at those figures, my constituents would say, “Well, that says to us that we need to put these nasty people behind bars for longer, so that they can be rehabilitated properly before being released and being at large again”.
I also want to address this myth that we have too many people in prison in this country. In terms of absolute numbers, yes, we have a relatively high prison population, but we are a relatively highly populated country. If we look at the number of prisoners that we have for every 100,000 people, we are nearer the average but still quite high. However, the only meaningful measure of the size of the prison population is how many prisoners there are in relation to the number of crimes committed. On that measure, I would suggest that the evidence is startling—we do not have the highest prison population in the western world, but the lowest. Compared with the US, Canada, Australia and the EU as a whole, the UK has the lowest prison population of all. For every 1,000 crimes committed in the UK, we have approximately 13 prisoners, compared with approximately 15 in Canada and Australia, well over 20 for the EU as a whole and a whopping 166 in the US.
That is the very point that I wanted to address today. My constituency neighbours my hon. Friend’s and it contains Her Majesty’s Prison Wellingborough, which now appears to be under threat of closure. HMP Wellingborough is under market testing. However, the market testing has been abandoned or put back. HMP Wellingborough has gone from being a rather poor prison to being the best category C prison in the east midlands. Does my hon. Friend agree that we should not be considering closing that type of prison?
I agree with my hon. Friend. However, prison conditions are far too luxurious. I think that it is 1,500 prisoners who have Sky TV in their cells. I have lots of constituents in Kettering who cannot afford Sky TV. It is a scandal that prisoners receive a bigger allowance for their daily meals than our troops in Afghanistan. In many cases, prison accommodation is too comfortable.
On the other hand, I accept that when a prison is overcrowded it makes rehabilitation more difficult and it is appropriate that we have the right number of cells for the prisoners whom we need to house. However, there must be a limit on the quality of the accommodation on which we are currently spending lots of money.
The other point that I wanted to draw to the House’s attention is the fact that the country with the lowest prison rate—the UK—has the highest crime rate. Is that a coincidence? I do not think so. We have more than 10,000 crimes for every 100,000 people. The country with the highest prison rate, which is the US, has the lowest crime rate; it has about 4,500 crimes for every 100,000 people. Canada, which is the country with the second lowest prison rate, has the second highest crime rate. The EU has the second highest prison rate and the second lowest crime rate. That is not a coincidence. My hon. Friend the Member for Shipley (Philip Davies) has done a lot of very good work in this House in highlighting these statistics, which I think blow apart this namby-pamby approach to having soft community sentences to tackle the behaviour of some very nasty people.
(14 years, 2 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I recognise that the Government must find £2 billion out of a budget of £9 billion, but I ask them to recognise that the Labour Government imposed 13.5% in cuts over the next three years, against a background of consistent reductions in remuneration over the previous seven years.
I say to the Government—I was careful to word my question as accurately as I could—that any burden sustained by the criminal Bar should be proportionate and take into account the measures already passed. I have not asked for the Bar to be excluded from the exercise of necessary retrenchment, nor does the Bar ask it. It asks for fairness and proportionality. It asks for what has gone before—recently, and as a result of the Government to which the right hon. Member for Delyn (Mr Hanson) belonged; the statutory instrument was laid on 6 April—to be taken properly into account.
Thirdly, will the Minister accept that the Bar must be afforded adequate time to adapt its systems? That is crucial, as I said, if the Bar is to enter the commissioning process. It is also important that the means of entry should be facilitated so that it can do so from a standing start.
Finally, will the Minister accept that it is fundamentally in the public interest that the Bar should be able to enter the competitive market for legal aid contracts? If so, although the profession is deeply uneasy about the revolutionary changes that it would impose, as I think he knows, the Bar and its leadership are prepared to work with him and this Government to find new structures and new savings in the criminal legal aid budget. That answers the question asked by the right hon. Member for Delyn.
I hope and believe that in partnership and amity, and above all with a respect for the professional skill, expertise, quality and values represented by the criminal Bar—a novel departure from the attitude of the past decade—solutions can be found, and the vital public interest represented by the criminal Bar can be preserved in its continuing prosperous existence.
It might be helpful for Members to know that I intend to start the winding-up speeches no later than 20 minutes to 11. Before I call Mr Turner, I remind Members that it is normal practice to be here at the start of debates.
It is always a pleasure to follow my hon. Friend the Member for Enfield, Southgate (Mr Burrowes); as a young barrister it was always a pleasure to receive instructions from him in chambers. I must declare that for the past seven years I was a member of the junior Bar, practising first in London and then in-house for a firm in Kent before coming to this place.
The key point for me, having been through the system—practising, not going through the criminal justice system in another way—is that we have in our society a great belief in our liberty and freedom. The criminal justice system and the legal profession might not be perfect, but when one looks around the world one sees that it is one of the finest. It is the front-line professionals—those at the Bar, in-house barristers and High Court advocates—who ensure that people’s liberty is preserved. If there is any chance that people’s liberty may be put in danger, we must consider seriously, in terms of the whole concept of our society, how to preserve that liberty and freedom.
On the point about criminal legal aid and the criminal Bar, the people on the front line are those at the junior Bar. For a case in the magistrates court, it will be a member of the criminal Bar who will have to travel to the court, take instructions, give advice and, after that, pass the case on to the more experienced member, if so be, of Queen’s counsel.
It was a real pleasure to listen to my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox), and I fully agreed with his eloquent speech. If there are drastic cuts in legal aid, the junior members of the Bar will be most affected. Over the past 20 years, the Bar has worked hard to ensure that it is diverse, that it is not simply people with independent means who can come to the Bar, and that people from all different backgrounds are able to come to the Bar on merit. If there are drastic cuts, there will be an element of going back 20 years, and that cannot in any way, shape or form be right.
People often equate barristers with high earnings, but there is a key difference for members of the Bar: income tax is linked to earnings. They have to pay tax on their earnings, not their receipts. Legal aid is already at difficult levels; any further reduction would mean that if there was a delay in money coming in, those who could carry on in fair weather, and who have been there for a long time, would no longer be able to do so. The taxation system must take into account the fact that members of the Bar pay tax on earnings, not receipts.
It is accepted that the monitoring and regulation work of the Legal Services Commission over the past number of years has been absolutely awful. We hear stories—and facts, such as those that are set out in the report that I have here—of lawyers being overpaid by £25 million. When the person in the street hears that, they say, “Lawyers are paid a lot.” We must ensure proper regulation and monitoring of the current system, to see whether it is having an adverse effect on criminal justice, and to see how the current means-testing approach, brought in by the previous Government, is being applied.
I spoke to a practitioner on the front line—a solicitor in Kent—who said that there is a four-week delay in legal aid. Then, when the case goes to the Crown court, there could be a situation at a preliminary hearing, or a plea and case management hearing, where someone turns up without a representative, and the case has to be adjourned. Adjourning the case takes us back to a position where taxpayers’ money is wasted. We are far from having an efficient, well-run and proper system, but that is what must be put into practice.
We have at present a means-tested system that leads to scenarios in which people act either pro bono or under fixed-fee rates, and they may not be of the quality or have the expertise that the independent Bar can provide. Defendants may decide that they are better off just pleading guilty because, at the end of the day, they do not have the means. That goes against our fundamental principles. If someone is innocent, they should be able to fight their case all the way. We should go back to a position that this country can be proud of, in which innocent people have the means to fight for their freedom.
I know that other hon. Members wish to come into the debate. I was taught at the Bar that brevity is a virtue, not a vice, and I am very much going to apply that advice. My hon. and learned Friend the Member for Torridge and West Devon discussed independent commissioning by the Bar, direct access, and regulatory caveats in respect of quality assurance. At this time, when there are difficulties, we must consider carefully how we can move forward and preserve the Bar’s independence. That is one of the best ways, at this difficult time, to move forward and preserve the Bar’s identity.
Before calling the last Back-Bench speaker, I would like to remind Members, especially the new Members here, that it is normal practice for the Chairman to be notified in advance that a Member wants to speak in a one-and-a-half-hour debate.
I am grateful for the hon. Gentleman’s analysis of the problem of funding criminal legal aid cases, but does he accept that one problem is whether it is right to make people of means who are acquitted pay for their legal representation when they emerge from the court free and not guilty? We have to grapple with that question. Ultimately, although van Hoogstraten was convicted by a jury, the Court of Appeal ordered a retrial and, for legal reasons, it was adjudged that there could be no further trial, so he is not, perhaps, the best example. We should focus on people of means who have been convicted. Finally, and I do not want to take up too much time, one problem is—
It is difficult when we have a room of lawyers, but interventions are supposed to be short.
May I apologise to the hon. Gentleman for not giving way earlier? I was not aware that he was rising until I caught sight of him in the corner of my eye. He makes a valid point, and I was going to come on to financial contributions and to what extent people should be willing to contribute to support their case. I am interested to hear what the Minister has to say. The hon. Gentleman is right in relation to Mr van Hoogstraten: he was eventually acquitted in the criminal case. As I understand it, however, he was found guilty in a civil case, although he has stated that he will not be handing over a single penny in relation to the outcome of that case. The hon. Gentleman has raised important points for the Minister to respond to.
On the CPS, if cases are adjourned unnecessarily, costs are incurred, and there may be scope for improving on that. Clearly, this would not assist the legal profession, but it would be interesting to hear from the Minister what success he is having in stopping cases going to court through the use of virtual courts, and the extent to which they can contribute to the process. As someone who is not legally qualified, in any shape or form, I hope that my few comments still inform today’s debate, and that we hear some convincing responses from the Minister shortly.
My point is not directly related to the debate, but I would like to raise a point with the Minister about legal aid, particularly the availability of legal aid to British citizens in foreign countries and the extent to which the Government are able to publicise its availability.
Order. It does not help when the hon. Gentleman starts by saying that his point is not relevant to the debate.
As I have said, the cost of the legal aid system has risen over time. The problems were well recognised by the previous Administration, but their piecemeal attempts at reform often served only to add to the upward pressures on cost, and they did little to address the underlying causes of cost or to look at the situation in the round; they found it too complicated to deal with. We want to take a different approach and look at the whole legal aid system and the wider justice system. With respect to my hon. and learned Friend the Member for Torridge and West Devon, legal aid is not only about the fees paid to lawyers; that is the wrong starting point. The starting point should be more fundamental questions, such as: what is legal aid for? What is the role of the state in legal aid? Who needs access to legal aid? How should we fund legal aid? What are the alternatives, in civil cases, for resolving disputes in a way that avoids expensive court processes and the need for lawyers? How should we set the price we pay when legal aid is required? Importantly, what can be done to encourage the resolution of legal problems, both criminal and civil, in a timely and proportionate way?
My hon. and learned Friend asked about timing. We have been assessing such questions over the summer as part of our consideration of legal aid, and I can confirm to him, and to the right hon. Member for Delyn, that by autumn we will be in a position to seek views on our emerging proposals in a full consultation. I also confirm that the resulting Green Paper will outline our proposals for the way forward for criminal legal aid.
I will now look specifically at issues of criminal advocacy. The world is changing in a number of ways. I have already mentioned the need to reduce public spending, and my hon. and learned Friend the Member for Torridge and West Devon has rightly highlighted the fact that in the dying days of the last Parliament, the previous Administration decided to reduce advocate fees by 13.5% over three years, with the first stage of that cut coming into effect last April, and he provided details of those statements. Although we have no plans to reverse that decision, I confirm to my hon. and learned Friend that we want to look at the efficiency of the whole legal aid system, which I agree will go beyond the criminal Bar. At this stage, however, I am not prepared to rule out any specific types of reform.
Another change in the landscape is the increasing number of higher court advocates competing for work with the criminal Bar. I understand that there are now at least 2,500 solicitor-advocates in practice in the higher courts. That means that the Bar no longer has exclusive access to Crown court work. I know that the Bar welcomes healthy competition and believes that it is well placed to offer specialist expertise in advocacy, particularly in more complex cases. Equally, the Bar has grown over time. Thirty years ago, there were just over 4,500 barristers in self-employed practice. Twenty years ago there were more than 6,500, and today the number of barristers in private practice is greater than 12,000. Taken together, the changes mean that it is unlikely that there will be enough publicly funded criminal case work to support the number of people who wish to earn a living from publicly funded practice at the criminal Bar. That is a simple economic fact of life.
My hon. Friend the Member for Gillingham and Rainham spoke about the need to recognise and protect the diversity of the Bar. I agree with his sentiments and it is an important issue. However, the numbers of black, minority ethnic and women barristers are affected by issues other than simply fees. As I have already argued, legal aid exists to provide help for those who need it. In criminal cases, that means the defendant who cannot afford to pay for representation in cases that pass the “interests of justice” test, which in practice tends to exclude the more minor criminal cases. Let me be clear: it is not the purpose of legal aid to provide a living for any particular number of lawyers. Instead, taxpayers’ money should be targeted at those who cannot afford to pay for their own defence, when that is required in the interests of justice.
My hon. and learned Friend the Member for Torridge and West Devon raised the issue of a single fee for Crown court litigation and advocacy. Given the likelihood that a single fee for Crown court cases covering litigation and advocacy would encourage greater efficiency between litigator and advocate, one should expect that point to be considered carefully, among other options for reform. That point was also raised by my hon. Friend the Member for Carshalton and Wallington.
As a point of principle, the so-called VHCCs—very high-cost cases—consume a disproportionate amount of the legal aid budget. Half the Crown court legal aid budget is now swallowed up by fewer than 1% of cases. I am keen to do all that we can to reduce the number and costs of long, complex cases that are bad for the justice system. We will look at that issue in the Green Paper but to clarify, contributions are returned to acquitted defendants, although means-tested contributions now mean that those who can afford to do so pay towards the cost of their representation.
Earnings at the criminal Bar vary enormously. We know that some barristers at the most junior end are far from fully occupied, and as a result their earnings are low. However, at the more senior end of the Bar, earnings can be high. My hon. Friend the Member for Carshalton and Wallington asked about fee levels. The previous Administration published information on that, which showed that for 2008-09, the highest-paid barristers took £928,000 from the criminal legal aid budget. One hundred and twenty barristers were paid more than £250,000 in criminal legal aid, and a total of 416 were paid more than £150,000. I accept that those figures are subject to a number of caveats. In particular, those fees include VAT and do not take into account chamber expenses.
(14 years, 4 months ago)
Commons ChamberOf course, we keep under review the very careful guidance about the use of restraint techniques in those circumstances, and it is a matter of regret that such guidance has to be issued. However, the hon. Lady should bear it in mind that we are talking about children and young people, some of whom are much bigger than I am and who probably have a problem with drug abuse and a history of violent crime. The completely unarmed staff have to be given some instructions in how to control those young people when they are getting out of control and it is not always easy or possible to use totally restrained methods.
T7. All members of the European Union have signed the Council of Europe convention on the transfer of sentenced persons, yet we still have 3,100 EU nationals in our jails. The Secretary of State and I share an enthusiasm for the European Union, so will he co-operate with the EU and repatriate those prisoners?
Unfortunately for my hon. Friend, I am afraid that that agreement does not come into force until December 2011. I note that the Irish apparently have an opt-out on it and that it will take five years for the Poles to make it fully applicable, but with those exceptions aside, I assure him that we will implement that agreement absolutely as soon as it comes into force.
(14 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I welcome you to the Chair, Mr Weir. I thank Mr Speaker for allowing me to have the debate and I congratulate the new Justice Minister on his well deserved appointment.
I have come here today, on behalf of my constituents in Kettering, to advance a proposal that would save Her Majesty’s Government quite a substantial sum of money and free up quite a large amount of prison space, and that would enable us to advance a sensible policy on law and order—putting criminals behind bars so that they cause less crime. The proposal is basically that we should send back to secure detention in their own countries the 11,500 foreign national prisoners in our jails.
Those 11,500 foreign nationals make up some 13% of the present prison population. It is a staggeringly large figure, and I understand that it has more than doubled in the past 15 years. The figures available to me show that in England and Wales, as of 30 June 1995, there were just over 4,000 foreign nationals in our jails. I believe that the latest figure is some 11,500. I should be grateful for the Minister’s confirmation of what the most up-to-date figure is.
I also understand that, on average, foreign national prisoners serve nine to 10 months in jail, including for some extremely serious offences, and that the numbers of foreign national prisoners are now so large that we have dedicated whole prisons to holding just them. I should welcome the Minister’s confirmation that HMP Canterbury, HMP Bullwood Hall and HMP Morton Hall are reserved, either entirely or almost entirely, for foreign nationals. This is a national disgrace. We cannot go on like this. We should arrive at a sensible situation in which we can return these people, who have done very bad things in our country and abused our trust, to serve out their sentences in their own countries.
It is no exaggeration to say that Britain has become the “United Nations of crime”. I understand that we are now paying for the board and lodging of criminals from some 160 countries, out of only 192 recognised countries; 80% of the world’s nations are represented in our jails, and there are some pretty nasty people. Apparently, one third have been convicted of violence or sexual offences and almost one fifth are guilty of drug crimes. Other offences include robbery, burglary and fraud. They come from some pretty exotic places. Apparently, 10 countries account for almost half these foreign offenders, with the leading countries in the league of shame, according to the numbers as of 18 December 2009, being Jamaica with 963, Nigeria with 752, the Republic of Ireland with 647, Vietnam with 620 and Poland with 617. By my reckoning, those top five countries as of last December accounted for 3,599 foreign national prisoners—one third of the total.
My contention is that we ought to send these people back to their country of origin. I am not a lawyer, and I am rather pleased that I am not a lawyer, but I understand that there are weighted meanings to words that most of us would regard as meaning the same thing. Repatriation, I understand, is different from deportation, which is different from removal, but to my constituents in Kettering, they all basically mean the same thing. We want these nasty people back in their countries of origin. I am not particularly fussed as to whether they are repatriated, deported or removed—I just want them there, not here.
I understand that until very recently, we did not really have any kind of prisoner transfer arrangements with any countries in the world. We then established some voluntary agreements so that prisoners could be transferred if they volunteered, and very recently we have just begun to look at compulsory transfer agreements. I would like to see more of those. I was pursuing the matter with the previous Government and not getting very far. I hope that with the enlightened good offices of the new and far-sighted Minister, we shall make rather better progress.
In the questions that I have asked so far, I have concentrated on the countries at the top of the list of shame, because that seemed a sensible place to start. I asked whether there were agreements in place with Jamaica. That is a Commonwealth country, to which we send very large amounts of development aid each year. My understanding is that a transfer agreement is in place. It was signed in 2007. However, it is still subject to ratification and also requires legislation in the Jamaican Parliament. I am unclear about whether it is a compulsory transfer agreement or just a voluntary one.
I am grateful to my hon. Friend for securing such an important debate. Does he know that our coalition partners were far ahead of us on this issue? In their wonderful manifesto, “change that works for you”, they say on page 76 that they will
“Prioritise deportation efforts on criminals”.
Our coalition partners should be congratulated on that, and we should follow their lead.
I am grateful for that most helpful intervention from my hon. Friend, who I know has a prison in his constituency. I am sure that there are foreign nationals there as well. Of course, that is not the only policy from which we should learn a lesson from our coalition partners. It is a very helpful move forward.
Nigeria is second in the list of shame, with 752 prisoners as of December. I understand that we are looking for a compulsory transfer agreement with that country. Again, it is in the Commonwealth. I understand that a Bill is before the Nigerian National Assembly. I hope that we are using our diplomatic efforts abroad to encourage these countries to get a move on.
I also understand that at the end of last year, the United Kingdom brought into force the additional protocol to the Council of Europe convention on the transfer of sentenced persons. That took place on 1 November. Under the additional protocol, the United Kingdom can transfer prisoners, without their consent, to 34 signatory countries, provided that the prisoner is subject to a deportation order. The consent of the receiving state is required in each case. However, the written answer that I received on 1 February 2010 stated:
“To date no prisoners have been transferred under these arrangements.”—[Official Report, 1 February 2010; Vol. 505, c. 115W.]
Thirty-five countries are affected by compulsory prisoner transfer agreements, and of those 35, most are in Europe. There are 3,069 foreign national prisoners from the 35 countries in British jails, which is 28% of the total. The list of shame in this case is headed by the Republic of Ireland, with 647; Poland has 617; in third place is Romania with 357; Lithuania comes in fourth at 330; France is number five with 163—and so the list goes on. I also understand that we have an agreement for compulsory transfer with Libya but, to date, no prisoners have been transferred under those arrangements, although I understand that Scotland has been involved in sending prisoners back to that country even if England and Wales have not.
I should very much like to find out from the Minister the cost of keeping a prisoner in jail for a year; I understand that it is about £30,000 to £40,000. Given that there are 11,500 foreign national prisoners—again, the number is to be confirmed by my hon. Friend—that would imply that the cost to this country of keeping those nasty people in British jails is something between £300 million and £400 million a year. That is a substantial amount.
My hon. Friend is being extremely generous in giving way. Matters go further than he has described. Wellingborough prison is in my constituency, and it is overcrowded all the time. Its prison officers, who do a wonderful job, tell me that they never have enough time to work with prisoners and get them educated, so that when they go back on the streets, they reoffend instead of being model citizens. That is partly due to the overcrowding, which is caused by there being so many foreign national prisoners.
My hon. Friend makes an excellent point. The purpose of prison, in denying people their liberty, is to be a punishment, but it is also to rehabilitate them so that, when they go back into the real world, they do not reoffend. If we are having to spend such a length of time dealing with people, many of whom do not speak English and do not understand our customs and how we do things in this country, it makes prison officers’ jobs, which are already very difficult, far more difficult and challenging. That will have an impact on the rehabilitation of British prisoners, who are likely to stay in this country for a long time.