Female Offender Strategy: One Year On

Phillip Lee Excerpts

Wednesday 24th July 2019 Westminster Hall

[Dr Phillip Lee (Bracknell) (Con)]

It is a pleasure to serve under your chairmanship, Ms Ryan. It is a pleasure to follow the hon. Member for Stretford and Urmston (Kate Green), who has long had a passionate interest in the area of women’s justice. I lost count of the number of times that I sat in the Minister’s position listening to her make as good a contribution as she has just made.

For those who do not know, I was the Minister responsible for commissioning the women’s justice strategy. I held on to that position as long as I could, to see the strategy published before resigning over Brexit. In the end, I could not hold on any longer and it was published two weeks after I resigned. It had been ready for a few months. I was fighting hard—I lost the fight—internally for the funding that the hon. Lady alluded to. I do not blame anyone in particular for that; I blame the broader political scene and its short-termism, in which it is believed to be better to fix a few toilets in a prison than to invest long term to try to reduce the number of women in prison.

In response to likely challenges from my hon. Friend the Member for Shipley (Philip Davies), I viewed the women’s justice strategy as a Trojan horse. The principles underpinning it are applicable to men, but the political reality is that doing it for men is much more difficult, because there are more prisoners in the male estate, and given the types of crimes that men are committing, with a few obvious notable exceptions, managing the media and public opinion is more of a challenge, so I thought it was sensible to concentrate on women first.

In the main Chamber there is currently an urgent question on a youth institution for which I was responsible for two years. The youth justice system is also crying out for a revolution in the way it manages people in custody. I tried to do that, too. I have a deep understanding and respect for the Minister, who faces challenges of trying to reform this area. It is difficult, because it only takes one headline in the newspaper for everyone to get the jitters. As a consequence, it is a tough Department to work in and in which to bring about reform.

This strategy went quite some way towards achieving reform. I would like to put on record my huge admiration for the civil servants involved in the process. We worked extremely hard on this. I view this as the biggest piece of work that I achieved in two years. It involved a hell of a lot of evidence gathering, and I had to visit every women’s prison and a number of women’s centres across the country. The strategy, which was published last year, was the culmination of a sizeable piece of work and everyone involved in writing it should be congratulated.

When I became a Minister in 2016, the first thing I read was the Corston report. I had already booked a summer holiday when I was appointed Justice Minister. I did not expect to be a Justice Minister, although I am glad that I was, because I think a doctor in the Ministry of Justice was exactly what was required. I took away a lot of things to read that summer. Most people are currently looking at their phones waiting for news of ministerial appointments; I am sure that my hon. Friend the Member for Shipley is doing so. Those who are appointed should go away and think, and spend two to three weeks reading before immersing themselves in the Department. The problem for Ministers is—with the greatest respect to the civil servants present—that the Department sucks them in and they cannot think, and work out what they want to do and what should be a priority.

When I came back after that summer recess, I decided on three priorities, including women’s justice. I inherited a challenged relationship with the women’s justice lobby. It took time to work on that. Everyone in that group, which used to meet quarterly, worked extremely hard, because we could see that this was the right thing to do on a number of levels. Anyone who visits a women’s prison and speaks to prisoners—whatever they have done—is immediately struck by how often they are vulnerable. They often have tell-tale signs of self-harm on their wrists, poor eye contact and a history of coercive relationships, domestic abuse and drug use. Often, as has been alluded to, they tend to be those who are charged for not paying utility bills because they are the homemaker, so their name is on the account and they are disproportionately affected when those bills are not paid.

Visiting those institutions, one thinks, “If they have done things wrong, there needs to be a punitive element.” In fact, I have never met a female prisoner who has not admitted that they have done something wrong and accepted that there should be a punitive element to their sentence. However, prison and custody must be a road back to not offending, and that is quite clearly where we fall down, not just in the women’s system but in the men’s and, particularly, the youth system. Every time I came away from visits to those institutions, I thought to myself, “Continuing to do the same thing is the definition of madness.” We have to try to find a way of making these women law-abiding citizens, supporting them in that process and breaking the cycle that means their children are disproportionately likely to become offenders too.

The idea that came about was residential women’s centres, which is within the strategy; suffice it to say that it was going to have a more prominent place there. The original plan was to build 10 women’s centres, including one in Wales—I say that for all the Welsh Members of Parliament who are present. We recognised that there were some regional disparities in the provision of services for women offenders, which the strategy sought to address.

We also wanted to explore a different way of funding public services, and we got some way with that idea, but it never made it into the strategy. I think private finance initiatives are a disgrace. I was responsible for one particular PFI contract as a Minister—there is a former Minister present who knows which contract I am referring to—which was signed under the Labour Government 12 or 13 years ago. I did not want to go down that path of a quick fix and building some new buildings. Rather, I wanted to put in place something that was sustainable. I had some pretty detailed conversations with charities and philanthropic donors about them covering the capital investment, while the Government would have been responsible for the revenue costs. The idea was that if I could persuade various institutions to build or to extend existing institutions that are often charitable, the Government could step in and guarantee the maintenance costs. I think the idea has merit across Government and I was frustrated at how difficult it was to get people in the room to discuss the concept. The original plan was to do some match funding across the country and to commit revenue. We thought we could create a virtuous circle—starting with 10, moving on to 15 buildings—and, at the same time, selling off prisons that would have been released, as the number of people in prison was going to fall away.

[Joan Ryan (in the Chair)]

Order. May I remind the hon. Gentleman that six other Members have applied to speak in this debate? If he speaks for much longer, they will have less than four minutes each to speak.

[Dr Lee]

Okay. Forgive me; I was not aware of that fact. My point is that a hell of a lot of thought went into the strategy, most of which made it to publication.

If we could make progress in this space with women—reducing the prison population by half by 2030 was my internal private target—and if we could make a success of it, we could move into the male estate and apply exactly the same approach and principles and reduce our prison population across the board. That requires some thought on sentencing, tagging and various other punitive in-the-community options. It is difficult because of an uptick in violent and sexual crimes among men and women in recent years, which we obviously must address, but if we were to do this, we would get to a situation where our prison system, for men, women and young people, would be functioning, and doing what it should be doing—rehabilitating. Then we would get to a society with reduced crime and, more broadly, a society that we could all be proud of.

[Joan Ryan (in the Chair)]

Hon. Members have roughly four minutes each to speak. I call Chris Ruane.

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[Dr Lee]

Scotland is down the road on this. Can the hon. and learned Lady assure me that the Government in Scotland are auditing everything and building an evidence base for doing this? If one thing might move the dial south of the border, it is if the Ministry of Justice reads the evidence. I looked at this issue in Scotland when I was a Minister, and I was deeply impressed. Is it possible to guarantee that we collect the right evidence so that we can change things in England and Wales?

[Joanna Cherry]

I have no doubt that my colleagues in the Scottish Government are doing that, and I know that in his former role the Minister visited the prison service in Scotland. We have done some things well in Scotland. I do not say it is perfect or that we have got everything right, but it is internationally recognised that the presumption against short sentences in Scotland is changing patterns of reoffending.

I have dealt briefly with the profile of women offenders, but the predictors of reoffending for women are different. For example, research shows that certain factors are much stronger predictors of reoffending for women than for men, such as dysfunctional family relationships—especially family or marital conflict—and poor parent-child attachment, especially for young people. Poverty, deprivation and debt are also bigger reoffending predictors for women than they are for men.

The Angiolini commission found that to improve outcomes for women offenders it is crucial to understand what works to reduce reoffending. Although at the time, due to methodological constraints and the small numbers of subjects, there were few rigorous outcome evaluations of interventions in Scotland, international evidence showed that a number of factors were critical to reducing reoffending by women. One of those was effective intervention, including the thinking skills that need to be in place to challenge antisocial attitudes among women. Another was empathetic practitioners who develop good relationships with women offenders and provide practical and emotional support. The evidence base also supported holistic, rather than stand-alone interventions, and basic services to address women’s needs while in prison. That is just a taste of the international evidence base. It is not discrimination to treat women offenders differently; it is a recognition of the different factors that contribute to women ending up in prison, and that is my answer to what the hon. Member for Shipley had to say.

I look forward to the position in Scotland developing and improving. It is good to know that the Government for England and Wales and the Scottish Government are on a similar track and recognise the clear evidential basis for a different approach to dealing with women offenders.

Oral Answers to Questions

Phillip Lee Excerpts

Tuesday 5th June 2018 Commons Chamber

[Eddie Hughes (Walsall North) (Con)]

4. What steps the Government are taking to reform the youth justice system.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

We are increasing the frontline staff numbers in youth offending institutions by 20%. We have introduced enhanced support units at one location—soon to be two—to improve the behavioural management of very difficult children. We are also introducing secure schools, to fundamentally change the environment in which young people in custody are held.

[Eddie Hughes]

I thank the Minister for his answer. Perhaps he could tell us what role sport could play in helping to work with people in the youth justice system?

[Dr Lee]

It is interesting to note that the average person in youth custody spends more time in the classroom per week than I did at grammar school. I am firmly of the opinion that sport should play a bigger part in the typical day of those in the youth system, which is why I have commissioned Professor Rosie Meek to provide a report on the benefits of sport, both in custody and in the community. We should be publishing the report shortly.

[Mr Speaker]

That insight into the Lee biography was of great interest and enlightenment to the House.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

Worryingly, among young offenders, those aged 10 to 14 have the highest reoffending rate—a rate of 42.7%. Overall reoffending rates among the youth prison population are up between three and four percentage points since 2005. What steps is the Minister going to take to reduce reoffending among young offenders?

[Dr Lee]

In the past 10 years, the number of young people we have been locking up has decreased from more than 3,000 to under 1,000. As a consequence, we have been left with young people who are quite difficult to manage, which is why we are introducing secure schools to improve the recidivism rates to which the hon. Lady refers.

[Robert Neill (Bromley and Chislehurst) (Con)]

I welcome the work that the Minister has done in this field, but does he agree with the Justice Committee’s report published a year or so back, which found that a number of the drivers involve many agencies outside the traditional criminal justice system, including education and health, and that they extend beyond the current statutory definitions of young people and youth justice? Does he agree that we therefore need a much more holistic strategy for young people, from the moment they enter the criminal justice system up to around the age of 25, at which point all the evidence suggests that maturity tends to have reached its full development?

[Dr Lee]

My hon. Friend asks a telling question, as ever. Yes, I am persuaded on the question of maturity, and this is something that the system currently reflects. We have youth offender institutions for those aged up to 18, and for those aged 18 to 21. Beyond 21, offenders enter the adult estate. Yes, we need to adopt a more holistic approach to the management of young people. That is why, since I have been in post, I have had meetings with Education Ministers, with Health Ministers and with Ministers in the Ministry of Housing, Communities and Local Government. I continue to pursue this actively.

[Richard Burgon (Leeds East) (Lab)]

Youth offending teams have a crucial role to play in preventing our young people from becoming offenders or victims of crime, but the Ministry of Justice has halved the funding for those teams since 2010. We have now found out that they are facing another real-terms cut this year, despite the spate of knife and gun attacks. Does the Minister believe that the Government’s cuts to youth offending budgets leave us more safe or less safe?

[Dr Lee]

The youth offending team budgets are the same in cash terms this year as they were last year. The issue of ghastly knife crime to which the hon. Gentleman refers is clearly serious and, sadly, it is occupying the news headlines almost on a daily basis. Our approach to this is not just about youth offending teams; there is also a broader issue with regard to serious violence. We need to address the motivation of young people to use those knives. Going back to the previous question, dealing with this will require a cross-Government approach.

[Mr Philip Hollobone (Kettering) (Con)]

What proportion of youth offenders become adult offenders, and is that figure going up or down?

[Dr Lee]

I do not have the exact figure, but I am pretty sure that it is a large proportion and I wish that it was smaller. We recognise that the performance of the youth system in improving reoffending is not good enough, which is why we are introducing new ways of holding young people, through secure schools. I am under no illusion about how difficult this is, but it is better that we intervene early in a young offender’s “career” than letting them go on to have a lifetime of offending.

[Mr Speaker]

My antennae tell me that the Minister will be writing to the hon. Member for Kettering (Mr Hollobone) with further and better particulars, and I am sure that hundreds of colleagues will eagerly await a copy of that letter finding its way into the Library of the House.

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[Jo Platt (Leigh) (Lab/Co-op)]

18. What progress is being made on introducing a victims law.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

Supporting victims is a key priority for the Government, which is why we are bringing forward a victims strategy this summer. In compiling the strategy, we have consulted victims groups and academics, and across Government. In doing so, we have concluded that we will need legislative and non-legislative measures to ensure that the strategy works for victims.

[Sarah Champion]

I hear what the Minister says, but Rotherham Council is today debating the support available to adults who survive child abuse in my constituency. I have now spoken to two Home Secretaries, two Prime Ministers and countless Ministers, and the Ministry of Justice was in Rotherham last week. Still we are not getting the cash we need to enable 1,520 victims—at the current count—to turn into survivors. Will the Minister please give us the cash we need?

[Dr Lee]

The dreadful incidents in Rotherham, which sadly have been replicated across the country, have proved a challenge both to local government and to the national Government. The ongoing independent inquiry into child sexual abuse—IICSA—is throwing up a significant level of incidents. The Government are clearly engaged with the process of trying to assess what is needed to help these victims of child sex abuse, both as children and as adults. I am under no illusions that this concerns not only the Ministry of Justice but the Department of Health and Social Care and the Ministry of Housing, Communities and Local Government. All Government Departments are going to have to wrestle with this issue in the coming years because there has been significant child sex abuse over recent decades.

[Jo Platt]

Further to the question of my hon. Friend the Member for Rotherham (Sarah Champion), a new victims law would ensure that victims of crime are supported and can seek closure on their ordeal. Most importantly, it may encourage more people to come forward and report crime safely. Why, therefore, three years on from the Government’s manifesto commitment to introduce this important law, are we without any legislation in this House?

[Dr Lee]

I have just said that the strategy is going to include legislative measures to underpin the victims code. I am interested in legislation that is going to work, not legislation for legislation’s sake. Be in no doubt of my determination to improve the offering to victims both at the time of their abuse and in subsequent decades.

[Rachel Maclean (Redditch) (Con)]

Two of my constituents have experienced tragic cases. They have been bereaved after the loss of a close relative, and their distress has been added to by the length of time that they have had to wait for the body to be released for a second post-mortem decision. The Minister has been very sympathetic, but will he commit to reviewing the law and raising this issue again with coroners on behalf of my constituents?

[Dr Lee]

My hon. Friend and I met to discuss these cases recently. The challenge is that coroners hold an independent judicial position, which is important and invaluable. It is their responsibility to determine the cause of death. I clearly cannot talk about individual cases. The responsibility ultimately rests with the chief coroner. I do understand the deep distress that can be caused by any unnecessary delay, and I have passed this on to the chief coroner.

[Lee Rowley (North East Derbyshire) (Con)]

15. What steps the Government plans to take to ensure that the UK legal system operates effectively after the UK leaves the EU.

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[Tonia Antoniazzi (Gower) (Lab)]

T8. One of the most upsetting cases I have dealt with over the past 12 months was where my constituent’s children were sexually abused by their father. I would like to thank the Under-Secretary of State for Justice, the hon. and learned Member for South East Cambridgeshire (Lucy Frazer), for her co-operation thus far. However, can the Minister explain why the victim’s criminal injuries compensation claim was originally turned down due to a lack of evidence, when the father is currently serving a lengthy prison sentence? How many children are facing that situation?

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

I thank the hon. Lady for her question. I met Hannah Jones at a Westminster Hall debate organised by the hon. Member for Swansea East (Carolyn Harris). That is a dreadful case. I gather that the Criminal Injuries Compensation Authority is reviewing it and that that information will be transmitted to Hannah this afternoon.

[Craig Tracey (North Warwickshire) (Con)]

T7. Does the Minister agree that greater use of release on temporary licence for work placements can play a significant role in helping inmates to transition back into society and, crucially, reduce reoffending rates?

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[Helen Whately (Faversham and Mid Kent) (Con)]

“This prison gives you the chance to reassess and rebuild your life.” Those are the words of one of the women at East Sutton Park Prison in my constituency. I thank the Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), who is responsible for female offenders, for his recent visit to the prison. Will he do all that he can to secure the future of that prison, so that it can continue its good work in preparing female offenders for life after prison?

[Dr Phillip Lee]

Yes, I was very impressed by East Sutton Park. I have now visited virtually every women’s prison in the country, and the response from the women themselves is what I took away from that visit. They had a hope for the future that I had not encountered very much elsewhere. I will be doing my best to go into bat for East Sutton Park.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Given that the Lord Chancellor has said that the timetable for the review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is likely to slip, and the fact that, in giving evidence to the Justice Committee, the Law Society and the Criminal Law Solicitors Association praised as refreshing the whole independent review of Scottish legal aid, is this an opportunity to pause and commission an independent review in England and Wales?

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[Mrs Emma Lewell-Buck (South Shields) (Lab)]

Will the Secretary of State clarify whether, under the Department’s vision for secure schools, Ministers will close existing penal facilities, or is this yet another way of incarcerating our children?

[Dr Phillip Lee]

There is no intention, in the longer term, to increase the number of young people we lock up. Indeed, our intention is to reduce the number of young people we lock up, and that is why we are changing the environment with the introduction of secure schools.

[Andrew Selous (South West Bedfordshire) (Con)]

While we regularly praise the likes of Greggs, Timpson and Halfords for the great work they do in employing ex-offenders, do Ministers agree that the time has now come no longer to allow employers that have made a blanket refusal to employ any ex-offenders to carry on such an approach in secret?

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[Mr Speaker]

I call the Minister—a Minister.

[Dr Lee]

rose—

[Mr Speaker]

I call Dr Lee.

[Dr Lee]

If this is my responsibility, the hon. Gentleman can by all means write to me about the details of his case.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

rose—

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[Mr Sheerman]

Is the ministerial team aware of the growing concern in some women’s prisons about the placement of transgender people in those prisons? What is the Minister going to do about it?

[Dr Lee]

I am fully aware, and I recognise that I have a significant responsibility for the majority of the women in those prisons, so that they are safe and secure. This is a difficult issue to manage, but I am persuaded that robust guidelines are in place, so that nothing untoward would happen.

[Chris Bryant]

Will the Secretary of State also look at the issue of acquired brain injury in the youth justice system? One of the most interesting pieces of work being done at the moment shows that we can divert some of the most difficult, troubled children if we bring together psychologists, psychiatrists and prison and probation officers—all the different teams—to transform individual lives.

Justice

Phillip Lee Excerpts

Friday 11th May 2018 Ministerial Corrections

[Robert Halfon]

16. What steps he is taking with Cabinet colleagues to provide a more efficient and accountable criminal justice system for victims of domestic abuse.

[Dr Lee]

Since 2010, the Government have made tackling domestic abuse an absolute priority. Last month, the Prime Minister launched the violence against women and girls strategy at No. 10, and following on from that I attended the first roadshow event, at Edgbaston cricket ground in Birmingham, to meet victims of domestic abuse and campaigners. [Official Report, 24 April 2018, Vol. 639, c. 727.]

Letter of correction from Dr Lee:

An error has been identified in the response I gave to my right hon. Friend the Member for Harlow (Robert Halfon).

The correct response should have been:

[Dr Lee]

Since 2010, the Government have made tackling domestic abuse an absolute priority. Last month, the Prime Minister launched the transforming the response to domestic abuse consultation at No. 10, and following on from that I attended the first roadshow event, at Edgbaston cricket ground in Birmingham, to meet victims of domestic abuse and campaigners.

Solitary Confinement (Children and Young People)

Phillip Lee Excerpts

Tuesday 1st May 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Feltham and Heston (Seema Malhotra) on securing this important debate on a difficult issue that is worthy of further discussion after today. I am grateful for the opportunity to respond.

The number of children entering the youth justice system has continued to decrease in recent years. In 2016-17, juvenile convictions and cautions were down by 83% since 2006-2007, with first-time entries down by 85% in the same period. The number of under-18s in custody also fell by 70% during that time, and in February stood at 870. That represents a success story, and everyone involved in youth justice should be pleased by those figures. However, the decline in overall numbers has resulted in a concentrated cohort of young people in the secure estate, many of whom demonstrate complex and challenging behaviour.

[Mr Lord]

I am pleased about the overall reduction but, as the Minister says, there is now a cohort of perhaps more difficult offenders. I admired the eloquence of the hon. Member for Feltham and Heston (Seema Malhotra), but I do not think that she was able to answer my earlier question. If someone in a young offenders institution is a danger to themselves and others, what alternatives are there to removal from association?

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[Dr Lee]

I thank my hon. Friend for his question. Staff in young offenders institutions up and down the country are sometimes confronted with extremely difficult circumstances, with particularly troubled and violent young people. We have introduced an enhanced support unit at Feltham, and we are hoping to bring another on-stream elsewhere. We have found that the use of such units, where there is a higher staff-to-offender ratio, has worked in managing behaviour. Ultimately, the removal from association of a troublesome, very difficult young person is often the only course of action that a responsible governor can take.

The safety and welfare of children held in custody is one of my highest priorities. The hon. Member for Feltham and Heston alluded to the fact that there are definitions of solitary confinement internationally, but there is not a sole definition. There are the Mandela rules, the Istanbul convention and a variety of others, but there is not one clear definition, but I would like to be clear from the outset that I have been assured that young people are never subject to solitary confinement in this country. When a child in custody is putting themselves or others at risk, segregation can be used as a last resort for limited periods of time and under regular review, when no other form of intervention is suitable to protect both the child and others. Segregation should never be used as a punishment for young people.

When a young person is removed from association, they will be given as much access as possible to the usual regime, including education and healthcare. That is monitored on a regular basis by the youth offenders institute and the independent monitoring board, in order to protect the young person.

[Ruth Cadbury]

I welcome the Minister’s statement that solitary confinement is a last resort, but a very high number of young people and children in the criminal justice system have one or more mental health illnesses, learning disabilities, ADHD, autism spectrum disorders, addiction and probably other conditions. Once those children are being punished in the criminal justice system, surely they need proper specialist medical care therapy, as happens in most other countries.

[Dr Lee]

I acknowledge that the youth justice population has an over-representation of the issues that the hon. Lady has just outlined, although the diagnosis of each of those is broad and, in and of itself, not straightforward. I know that the appropriate care is made available to individuals who particularly need psychiatric input. I look at that on a regular basis, and I personally see it as my responsibility to ensure that that is the case. If the hon. Lady would like to write to me with evidence of where that is not the case, I would be more than happy to receive such a letter.

At an absolute minimum, young people in segregation in young offenders institutions will be given time in the open air, outreach education provision, healthcare, physical education and access to legal advice. Individual regime plans are agreed for each young person by a multi-disciplinary team, taking account of all those issues and any other relevant information. They are reviewed frequently on an individual basis—again, in the interest of the young person. All under-18 young offenders institutions have been given additional training on the use of segregation and the rules governing it.

I note with interest the recent inspection report from the independent monitoring board for Feltham YOI, which is of course located in the constituency of the hon. Member for Feltham and Heston. The report noted that significant improvements have been made in addressing violence and praised the dedication and commitment of staff within the establishment. I take this opportunity to reiterate my thanks to staff at Feltham and across the youth secure estate for their continued hard work in looking after the young people in their care.

The report also noted, however, that too frequently staffing levels within the establishment affected the daily regime and the ability to provide sufficient purposeful activity and time out of room. I share those concerns and am encouraged that, across both sites at Feltham, recruitment is swiftly improving. As of the end of March, there were 105 prison officers booked on to entry-level training. I believe that every child and young person should have access to and be engaged in meaningful activities, including education and physical activities. The regime should be purposeful, meet the needs of the cohort, keep young people occupied and active all day and deliver the highest quality education. That needs to sit alongside effective behaviour management, so that young people can be out of their rooms and able to participate safely in the regimes and activities provided.

That is why we have developed a new approach to behaviour management, which includes the roll-out of the custody support plan, to provide each young person with a personalised officer to work with on a weekly basis in order to build trust and consistency. We are also implementing a conflict resolution strategy, applying restorative justice principles to help resolve conflict. However, while acknowledging the work that is continuing to be progressed to address safety in youth custody, as demonstrated in the latest inspection reports from Her Majesty’s inspectorate of prisons for Werrington and Parc young offenders institutions, I am clear that levels of violence within the youth estate are too great, which is why we are reforming youth custody to reduce violence and improve outcomes for young people.

Investing in our workforce is a cornerstone of those reforms. We continue to be impressed by the dedication and pride that our staff show in their work with young people, as evidenced by the fact that more than 200 frontline staff have voluntarily enrolled on a youth justice foundation degree funded by the Ministry of Justice. We want to build on that success and ensure that working in youth justice continues to be seen as the respected and rewarding profession that it is.

We know that many establishments have struggled with staffing, especially in the south-east, which is why we are increasing frontline capacity in public sector young offenders institutions by bringing in more than 100 new recruits and introducing a new youth justice specialist role. We have started recruitment for those additional frontline posts in order to relieve the immediate operational pressures, alongside additional psychology roles in the YOIs. In addition, we are developing a bespoke recruitment campaign and process for the youth custody service, to target those with a passion to work with young people. The first phase of this—a new website and targeted marketing material—was launched last week.

We will develop strong leaders, building the workforce required to create a therapeutic and aspirational culture in our establishments. Our reforms will empower the leaders, giving them the freedom to deliver the right suite of services to meet the needs of the young people in their care. We are working closely with NHS England to implement Secure STAIRS, a framework for integrated care in the youth secure estate, which aims to co-ordinate the services of health and non-health providers into a coherent package, supporting trauma-informed care and a whole-system approach.

I am a strong believer in the benefit that sport and physical activity can provide to children in custody. As well as the obvious health benefits, it can provide young people with a sense of achievement, enhancing self-esteem and transforming lives. For those reasons, I commissioned Professor Rosie Meek of Royal Holloway, University of London to conduct an independent review into the role of sport in the justice system, to identify best practice and make recommendations for improvement. Professor Meek’s report will be published shortly and I await its findings with interest.

We are also looking to support organisations that want to work with young people in the youth justice system and seek opportunities to build on existing collaborations between establishments, sports clubs and providers. For example, Saracens rugby club’s Get Onside programme, which runs at Feltham for young adults, is a shining example of how sport can engage young people. The young adults who have been through this 10-week programme, which uses the ethos of rugby to teach skills such as leadership and teamwork, have shown notably lower rates of reoffending than their peers. That is just one example of how sport can help young people lead a better, more productive life, away from crime.

Finally, we continue to work on our proposal to develop secure schools. Our model will be informed by best practice from outstanding alternative provision schools, and secure schools will be set up, run and managed in a similar way to free schools.

[Mr Lord]

I am encouraged by a lot of what the Minister has said and I urge him to keep up the good work in his Department and with these institutions. Does he agree that, given that solitary confinement has a clear definition in this space, and no young people are subject to solitary confinement in the UK, that pejorative phrase should not be used in such debates? Where removal from association is used as a last resort, we obviously urge that those young people benefit in the future from the sort of regime that the Minister is outlining.

[Dr Lee]

Yes, it is always important to use language appropriately. As I tried to point out at the start, use of the term is difficult when internationally no clear definition is agreed upon. The hon. Member for Feltham and Heston can be assured that I look at this issue all the time. I cannot talk about individual cases, because one is still running with the courts, but we consider the issue all the time. There have been other cases where difficult decisions have to be made. I am assured that at all times we are thinking about the child at the centre of the case, and the children being held with the child who is showing such troubling behaviour.

Secure schools will be operated on a not-for-profit basis by child-focused providers with strong leaders who will have the freedom to provide integrated services based on individual need, with education and healthcare and, if I get my way, sport at its heart.

I am under no illusions about the challenge we face. We are talking about some of the most challenging, often damaged young people in the country. However, our reforms will support establishments to provide better levels of care and enable more young people to engage in purposeful activities, outside their rooms, and work towards a brighter future.

I congratulate the hon. Member for Feltham and Heston on her speech, and thank my hon. Friends the Members for Henley (John Howell) and for Woking (Mr Lord) and the hon. Members for Slough (Mr Dhesi) and for Brentford and Isleworth (Ruth Cadbury) for their contributions. I will take away the points about the collection of data and the numbers of children who could be affected in this way, and I will be happy to receive any correspondence on the issue from any parliamentary colleague.

Question put and agreed to.

Oral Answers to Questions

Phillip Lee Excerpts

Tuesday 24th April 2018 Commons Chamber

[Nick Smith (Blaenau Gwent) (Lab)]

5. What his policy is on introducing a victims law.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

Supporting victims of crime is a priority for the Government and we have made a commitment to publish a victims strategy by this summer. The strategy will set out our cross-Government approach to make fundamental improvements for victims. It will also consider how compliance with the entitlements in the victims code might be improved and better monitored, and how criminal justice agencies responsible for the delivery of entitlements might be better held to account.

[Nick Smith]

The Minister has promised us a strategy by the summer, but a victims law was offered in the 2015 Conservative manifesto and included in the following Queen’s Speech and reiterated in the 2017 general election. When will this long-promised law finally see the light of day?

[Dr Lee]

We are considering both legislative and non-legislative measures. If any legislation is required to underpin the victims code, we will bring it forward when parliamentary time allows.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

With respect to victims of domestic abuse, will the Minister consider women who are not eligible for legal aid to help with their divorce after domestic abuse, including women who currently fail the means test due to their having a share in a valuable family home? Will he meet me to discuss the problems that such women face in paying for basic legal advice?

[Dr Lee]

I thank the right hon. Gentleman for the question. Yes, he has a point with regard to the funding of domestic abuse cases from legal aid. My ministerial colleagues are fully aware of this issue, and I am more than happy to meet him.

[Gloria De Piero (Ashfield) (Lab)]

Mr Speaker,

“Why should victims always have to be fighting their corner? That’s why we need a victims’ law.”

They are not my words, but the words of the Government’s Victims’ Commissioner. Can we be clear: will she and all the other people who are calling for it get a victims law?

[Dr Lee]

My intention in the strategy is to outline the legislative requirements needed to underpin the victims code. By definition, that is a victims law.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

7. What steps the Government are taking to ensure that the UK legal system continues to operate effectively after the UK leaves the EU.

--- Later in debate ---

[Christine Jardine (Edinburgh West) (LD)]

10. What steps his Department is taking to improve mental health support for prisoners.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

We are committed to improving the provision of and access to mental health services for those in the justice system. We continue to roll out the keyworker role across the closed male estate so that all prisoners will have a named officer to provide them with dedicated support during their sentence. As the Minister of State, Ministry of Justice, my hon. Friend the Member for Penrith and The Border (Rory Stewart), said earlier, 14,600 prison staff have now completed at least one module of this training.

[Christine Jardine]

Figures show that, in March 2017, 75% of prisoners in England and Wales with serious mental health problems experienced significant delays in their transfer to hospital for treatment. Last month, an independent review of mental health assessment reported delays to transfer, with one of the reasons being the delay by the Ministry of Justice in sanctioning transfers. Given the pressure on those suffering poor mental health, surely this is important enough to require swifter action. What steps is the Minister taking to address the problem?

[Dr Lee]

I became responsible last September for the unit in the Ministry of Justice that authorises the transfer of patients from the criminal justice system into secure accommodation. We have had some internal difficulties, which I inherited, with the staffing of the unit, but things are improving. I get a weekly update on the number of people in the system who need to be transferred. I am under no illusions about the need to expedite those transfers, and I am in weekly contact with the Department of Health and Social Care about the need to assess the capacity at low, medium and high-security levels in the secure accommodation network.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

11. What assessment he has made of reoffending rates since the part-privatisation of probation services.

--- Later in debate ---

[Robert Halfon (Harlow) (Con)]

16. What steps he is taking with Cabinet colleagues to provide a more efficient and accountable criminal justice system for victims of domestic abuse.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

Since 2010, the Government have made tackling domestic abuse an absolute priority. Last month, the Prime Minister launched the violence against women and girls strategy at No. 10, and following on from that I attended the first roadshow event, at Edgbaston cricket ground in Birmingham, to meet victims of domestic abuse and campaigners.[Official Report, 11 May 2018, Vol. 640, c. 12MC.]

[Robert Halfon]

Safer Places is a remarkable and extraordinary domestic violence charity in my constituency. It has highlighted the problem of the delay between domestic violence incidents being reported and finally getting to court. What are the Government doing to reduce the time between the incidents being reported and getting to court, so that the perpetrators of this evil abuse can be brought to trial more quickly?

[Dr Lee]

The police response to domestic abuse has improved in recent years, and action has been taken to address the inspector of constabulary’s recommendation that domestic abuse should be a force-wide priority. The police are referring over 19,000 more cases to the Crown Prosecution Service than they were in 2010. In the courts, the listing of cases is a judicial function, and they have a responsibility to ensure that all cases are heard by an appropriate judge with the minimum of delay.

[Richard Burden (Birmingham, Northfield) (Lab)]

17. What recent representations he has received on legal aid for families of the victims of the 1974 Birmingham pub bombings.

--- Later in debate ---

[Kevin Hollinrake (Thirsk and Malton) (Con)]

One of my constituents is fighting for justice, having suffered horrific physical and sexual abuse at Medomsley youth detention centre in the 1970s. Will my hon. Friend please update the House on the likely timescales for compensation and further convictions?

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

I thank my hon. Friend for the question. The case that he refers to is a tragedy, and I am aware of it. We are in the middle of the independent inquiry into child sex abuse, and the interim report is out this week. Officials from my Department are fully engaged with that, and we are conscious that in some institutions that the Department is responsible for allegations have been made that child abuse has taken place in the past. Once we have a handle on that totally, we can start talking about the possibility of compensation.

[Chris Law (Dundee West) (SNP)]

A failure to agree on arrangements in international family law risks leaving a serious gap in the legal framework for proceedings involving children with family connections to the UK. Can the Secretary of State confirm what contingency planning is being undertaken to deal with that risk?

Victims of Crime: Rights

Phillip Lee Excerpts

Tuesday 13th March 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

It is a pleasure to serve under your chairmanship, Mrs Main. It has been a pleasure to hear all the contributions this afternoon, especially that of my hon. Friend the Member for Telford (Lucy Allan). I hope I can go some way to answer all the questions, including the battery of questions that the shadow Minister just posed. If I do not answer the questions appropriately, hon. Members will get correspondence following the debate.

I thank the hon. Member for Leeds North West (Alex Sobel) for securing this debate on the rights of victims of crime. It is particularly timely given the recent focus on such matters in a number of high-profile cases. I know through my own personal experience of meeting victims of crime, speaking with support organisations and meeting many of the hon. Members present, exactly how important such rights are in the lives of victims. I am therefore grateful for the opportunity to discuss them with you today.

Victims’ rights are now a fundamental part of our justice system, and ensuring that victims receive the rights they are entitled to is a priority for this Government. That is essential if we are to enable victims to cope with and recover from crime. We must also continue to drive improvement in the broader experience of victims, which involves ensuring that criminal justice agencies provide victims with a service appropriate to their needs and respectful of them as individuals. That also requires focus on the wider performance of agencies. Victims want cases to be well managed and dealt with swiftly. Beyond the criminal justice agencies, it is important that victim support services are in a position to offer victims the sorts of support they may need to aid their long-term recovery.

Turning to the current framework of victims’ rights, we look first to the statutory victims code, which does two fundamentally important things. First, it sets out for victims exactly what they are entitled to receive from the criminal justice system. Secondly, it makes clear to the criminal justice agencies the services that they are expected to provide.

The Government want to make sure that the entitlements in the code keep pace with the changing needs of victims. After publicly consulting on the proposed changes, we revised the victims code in 2015. The revised code transposes part of the EU victims directive, which lays down the minimum standards of support that member states must provide to victims of crime.

The 2015 revision of the code broadened the definition of a victim so that victims of all criminal offences are entitled to receive support and information under the code. It also required relevant agencies outside the core criminal justice system that provide services to victims of crime to apply the victims code. Most crimes are dealt with by the police and Crown Prosecution Service, but there are other organisations with powers to investigate and prosecute. Finally, the revision entitled all victims who report a crime to receive a written acknowledgment, stating the basic elements of the criminal offence concerned.

As important as the code is, it will only deliver for victims if criminal justice agencies give effect to it on the ground. Victims’ rights must be a practical reality within the justice system, rather than just words on a page. This Government are committed to ensuring that the rights of victims are delivered throughout the criminal justice process. We have done that by improving the practical support on offer for vulnerable and intimidated victims of crime, such as protective screens in court and a video link, to ensure they are able to give their best evidence and to reduce the anxiety caused. We want to help victims provide evidence in a way that will prevent retraumatisation.

We are also determined to make the process of attending court less daunting for victims. We have established model waiting rooms at five sites in England and Wales, and are using them, and the results of a detailed audit of facilities for victims in all criminal courts, to provide the template for nationwide improvements.

More widely, we have radically transformed the way support services are delivered to victims to ensure that they reflect the needs of victims in local areas. Following consultation, the Government empowered police and crime commissioners to deliver services tailored to the needs of victims in their areas. We are allocating about £68 million to police and crime commissioners this year to provide emotional and practical support services for victims of crime.

Our enduring commitment to victims has seen the wider victim support services budget increase significantly, from around £50 million in 2012-13 to around £96 million in the current financial year. The direct benefit to victims of our support can be seen in the services now available for victims of sexual violence. Since 2010, central Government funding has enabled 15 new rape support centres to open. There are now 89 centres that the Government support directly. The centres provide counselling, support and advocacy to help victims—men and women, boys and girls—recover, as far as possible, from the effect of those terrible crimes. As part of the violence against women and girls 2020 strategy, we have made a commitment to maintain funding for rape support services at 2016-17 levels for the remainder of the spending review period.

We also know that when someone is the victim of, or bereaved by, the most traumatic crimes, they will need support from enhanced services. This year, we are providing just over £3 million to support families bereaved by murder or manslaughter. The Government have also provided specific funding to meet the needs of the victims of large-scale crimes, as we did following last year’s appalling attacks in Manchester and London.

Victims also have the right to apply for compensation under the criminal injuries compensation scheme if they are victims of violent crime. I sympathise deeply with anyone who has been caused injury by such a crime and we are determined to make sure that every victim gets the compensation to which they are entitled. To that end, in 2016-17, the Criminal Injuries Compensation Authority, which administers the scheme independently of Government, paid out around £143 million in compensation to victims of violent crime.

Despite all that has been achieved in recent years, we must never stop endeavouring to deliver support to victims more effectively. The challenge is ongoing—the needs of victims change over time, and crime itself evolves. As well as considering the development of victims’ entitlements, we need to ensure that agencies deliver those entitlements that are already in place. That is why we are exploring ways to strengthen victims’ rights through the victims strategy, which we will publish by the summer of 2018. It will consider how compliance with the entitlements in the victims code might be improved and better monitored.

We are also examining how criminal justice agencies responsible for delivery of entitlements might be better held to account. We are currently considering the legislative and non-legislative routes to delivering effective compliance for victims, and we are engaging widely as we develop the strategy, to make certain that the needs of victims are properly considered. As part of that work, we are exploring how victim support services can better reflect the changing nature of crime. Although the crime survey of England and Wales shows considerable falls in overall estimated crime, police recorded crime for violence against the person offences has increased 20%. For sexual offences, it has increased by 23%. Those figures give a valuable insight into the changing case load of the police. It is important that the services we provide reflect those changes, in order that the police are best able to help victims to cope and recover. We must keep the whole criminal justice process in mind, end to end. The issues raised in the Worboys case highlight that point. In the light of those issues, the Justice Secretary has ordered a review of parole processes, transparency and engagement with victims. A crucial part of that involves considering how we can better support and empower victims going through parole processes. We will bring forward proposals in that area shortly.

We are also looking to address the needs of victims who have to engage with other parts of the justice system. We accept that the family and civil courts can learn valuable lessons from the progress that has been made in criminal justice. We are working closely with senior judges and relevant agencies to consider how best to improve support and protections in other parts of the system. As recently as November 2017, new court rules were introduced requiring family courts to consider whether someone involved in proceedings is vulnerable, and if so, take steps to enable them to participate or give evidence.

Just last week, on International Women’s Day, the Government launched a consultation on domestic abuse. We want to hear people’s experiences to ensure that the system reflects victims’ needs. We hope to hear from a wide range of stakeholders, including survivors of domestic abuse and the organisations that support them. The consultation will shape our response to this terrible crime, which affects some 2 million victims each year. In addition to introducing a domestic violence and abuse Bill, we want to ensure a comprehensive response that not only involves all parts of Government, but builds on charities’ expertise. That is one reason why we have committed to invest a further £20 million in frontline groups.

We heard from a number of colleagues this afternoon, including my hon. Friend the Member for Torbay (Kevin Foster), the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy), my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), the hon. Member for Strangford (Jim Shannon), my hon. Friend the Member for Telford, the hon. Member for Rochdale (Tony Lloyd), and the Opposition spokespeople, the hon. Members for Paisley and Renfrewshire North (Gavin Newlands) and for Ashfield (Gloria De Piero). There were also interventions from my right hon. Friend the Member for East Yorkshire (Sir Greg Knight), the hon. Member for Rotherham (Sarah Champion), my hon. Friend the Member for Banbury (Victoria Prentis) and the hon. Member for Ealing Central and Acton (Dr Huq).

The hon. Member for Leeds North West mentioned the victims of terrorism. The unit sits with the Home Office, but the funding sits with us—the complexity of the Government is always somewhat beyond me. The Government are committed to ensuring that victims of recent terrorist attacks receive the help and support they need. This year, we are providing £3.1 million for the homicide service, which supports those bereaved by murder or manslaughter, including terrorist attacks.

My hon. Friend the Member for Torbay mentioned restorative justice, in which I am a strong believer. One of the reasons I am going to Brighton on Thursday afternoon is to support the work of the Restorative Justice Council. He also mentioned domestic abuse. As I said, dealing with domestic abuse is a key priority for the Government. I am very pleased about that and am proud to be playing my small part in it, not least because I have had a number of patients in the past who suffered from that dreadful crime.

The hon. Member for Kingston upon Hull West and Hessle talked about victims of antisocial behaviour. I suspect that that issue blights every single constituency in the country. She also mentioned some awful cases of hate crime. I share her abhorrence of such crimes.

I am flattered that the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst, has joined us. He always makes fantastic contributions based on his deep knowledge of the area. He mentioned a series of issues—in particular the registered intermediaries scheme, which actually sits with the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer). It is a vital part of supporting vulnerable victims and witnesses when they give evidence. We are currently recruiting more intermediaries, improving the training available to them and working closely with the police and prosecutors to ensure that witnesses are matched to an intermediary as swiftly as possible.

My hon. Friend also spoke about courts. He is aware of section 28 and our pre-trial evidence measures for vulnerable victims who do not want to go through the court process. He also mentioned restorative justice and the need for a victims’ law. I hope I have assured him and others, including the hon. Member for Ashfield, about the victims’ law. There is no backtracking from our commitment. My understanding is that we will have some form of legislative underpinning of the victims code. The detail is yet to be fully worked through, but it will be in the strategy that will be published by the summer.

The hon. Member for Strangford spoke passionately—particularly about victims of terrorism. He always speaks well in such debates, sadly drawing on his recent experience of the troubles. He should be listened to carefully.

My hon. Friend the Member for Telford made a memorable speech. I think child sexual abuse is the worst of all crimes. Her sterling work and her obvious passion in that area is to be commended. In my nine-year tenure in university, one of my theses—I think it was in about 1992—was on the psychology of the child sex offender. I remember that in 1992 I was sceptical about the academic literature’s claims about the incidence of physical, emotional and sexual abuse of children in our society. Sadly, it turned out to be more accurate than I could ever have imagined. The independent inquiry on child sex abuse is now encountering the scale of the problem. The Government recognise that the inquiry is going to take a long time. If there are incidents where we can intervene to try to prevent sexual exploitation, we should. It is notable that two women made speeches on that issue, and the hon. Member for Rotherham made an intervention. Having strong women in this space is a good thing. We must empower women in the communities where sexual exploitation is taking place. If those women see strong women in action, they will step forward and offer the leadership that is desperately required.

The hon. Member for Rochdale is well-known to have deep experience of criminal justice, and I respect him for that. He mentioned restorative justice. I agree with him about the importance of high-quality training, which is why I am supporting the Restorative Justice Council’s work as much as possible. He mentioned the failure of prosecution, which sits outside my brief, but his comments were well made.

Finally—I have managed to get to the end in the required time—I thank the hon. Member for Leeds North West for organising the debate and all hon. Members for their outstanding contributions. I hope we can work across the House and beyond as we continue our efforts to support the victims of crime.

[Alex Sobel]

I thank all hon. Members who took part in the debate. There were many notable contributions. The hon. Members for Torbay (Kevin Foster) and for Bromley and Chislehurst (Robert Neill), and my hon. Friend the Member for Rochdale (Tony Lloyd) all spoke about restorative justice. I thank the hon. Member for Bromley and Chislehurst for asking for a statutory right to access restorative justice. That is hugely important, and I fully support that call. The hon. Member for Strangford (Jim Shannon) supported my call for a new victims’ law. My hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) asked for statutory youth provision. My hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle) supported that proposal and is leading the fight for it.

I pay particular tribute to the hon. Member for Telford (Lucy Allan), who raised the issue of child sexual exploitation. She bravely raised publicly the particular issues in Telford. I support her call for an independent investigation inquiry into Telford. She is surely on the side of the righteous in taking that issue forward. The shadow Minister, my hon. Friend the Member for Ashfield (Gloria De Piero), made some excellent points.

The need for a victims’ law is irrefutable. I was disappointed by the Minister’s response. He talked about physical measures, such as protective screens and video links, and £68 million of additional funding. They are welcome but not sufficient. We continually talk about a victims’ law but do not enact it, although it has been in two manifestos and the Queen’s Speech. Now is the time to move forward and set out the legislative underpinning we need for a victims’ law.

I was disappointed that the Minister did not seem to listen to the issues I raised about my constituent who, nine months since the Manchester bombing, still has not had support. The Minister suggested that that was perhaps partly due to the fact that the issue fell between the stools of two Departments. I hope those Departments get together to ensure that victims are supported.

[Dr Lee]

I will by all means write to the hon. Gentleman on that issue. I will be very happy to provide a response.

[Alex Sobel]

I thank the Minister. I surely will write to him on behalf of my constituent.

Let us move forward. Let us work together to try to get a victims’ law on the statute book.

Question put and agreed to.

Resolved,

That this House has considered the rights of victims of crime.

Oral Answers to Questions

Phillip Lee Excerpts

Tuesday 6th March 2018 Commons Chamber

[Alan Mak (Havant) (Con)]

4. What steps his Department is taking to improve the court experience for victims and witnesses.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

We are committed to improving the experiences of those who have become victims of crime, which is why, by the summer, we will publish our victims strategy, a key aspect of which is how we can improve support for victims as they interact with the criminal justice system.

[Alan Mak]

I welcome the steps the Government have taken. Does my hon. Friend agree that the video hearing system and other new technologies have the potential not only to improve victims’ experience in court but to increase court capacity?

[Dr Lee]

My hon. Friend is right. Ensuring that victims of crime are able to give evidence in the easiest possible way is among our highest priorities. The roll-out of new video and audio technology will ensure that courts and their work loads are managed more efficiently.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

The serious case review of the appalling sexual abuse of girls and vulnerable adults in Newcastle was published last month. Although it generally praised the actions of local authorities, the police and so on, it also raised significant concerns about how the victims of these appalling crimes were supported and the way they were made to relive harrowing experiences. Will the Minister be responding directly to the Spicer review’s recommendations?

[Dr Lee]

I thank the hon. Lady for her question. The Department is of course aware of that serious case review of the sexual exploitation of children. The details are shocking. Like all the agencies involved, we are looking into ways to continuously improve our service. I shall write to the hon. Lady about whether we will respond directly to that review.

[Patrick Grady (Glasgow North) (SNP)]

Is the Minister aware of new regulations that the Scottish Government are introducing to exempt domestic abuse victims, recipients of crisis welfare support and those on low incomes from civil court fees? What discussions is he having with the Scottish Government about what lessons he might learn from that process?

[Dr Lee]

We have plenty to learn from what is happening in Scotland with regard to the way we deal with women who are victims of domestic abuse, and indeed offenders who have been victims of domestic abuse. As the Justice Minister with responsibility for the devolved Administrations, my discussions continue regularly. I look forward to learning from Scotland in future.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

The Government had plans to legislate to ban alleged domestic abusers from cross-examining their victims in the family courts. Is that still Government policy? If so, when will such a provision be put before the House? Every day that there is a delay, more vulnerable people get tormented in court.

[Dr Lee]

The right hon. Gentleman is spot on in his analysis. The abuse and coercion of females, invariably by males, through the court process is wrong and not acceptable. We will bring forward details on how we intend to address that in the Bill that is coming later this year.

[Gloria De Piero (Ashfield) (Lab)]

The court experience can be a bewildering one—it can often feel like a different planet. That is not helped by the fact that 72% of court judges are men. It is International Women’s Day on Thursday; will the Government commit to a timetable to ensure that 50% of court judges are women?

[Dr Lee]

The hon. Lady points to something with which I would agree. It would be appropriate if the number of women in that position in our society was greater. I am supporting International Women’s Day by visiting HMP Bronzefield on Thursday evening. I cannot commit to a timetable—the hon. Lady knows that—but I will certainly take away her suggestion.

[Philip Davies (Shipley) (Con)]

5. If he will extend the range of offences that can be appealed for being unduly lenient.

--- Later in debate ---

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

16. What recent assessment he has made of trends in the levels of violence and self-harm in prisons.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

Health services are commissioned by NHS England, which is responsible for assessing provision of mental health treatment in prisons in England. In Wales, health is devolved to the Welsh Government and separate arrangements are made for assessment.

[Mr Speaker]

I think the Minister might be a bit confused. I have the impression that he is answering a question that would have been put if the hon. Member for Coventry South (Mr Cunningham) had not been called earlier on a different question. The question with which we are now dealing is Question 16, on levels of violence and self-harm.

--- Later in debate ---

[Diana Johnson (Kingston upon Hull North) (Lab)]

With the support of Co-op Funeralcare, Dignity plc, the National Association of Funeral Directors, the bereavement charity Cruse and the all-party group on baby loss, 50 bereaved parents in Hull are still seeking an independent inquiry into what happened to their babies’ ashes. Does the Minister still stand by Hull City Council, which has refused to have that independent inquiry?

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

This situation was truly appalling—the hon. Lady knows that I think that. The review was comprehensive, so I will not be changing any decisions any time soon. My heart goes out to all those involved, as clearly this was very traumatic, but the review was comprehensive.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Instead of carrying out their in-house review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, should Ministers not follow the excellent example of the Scottish Government by having an independent review of legal aid, and perhaps looking at how the Scottish scheme has managed to achieve greater scope and eligibility but with lower costs?

Oral Answers to Questions

Phillip Lee Excerpts

Tuesday 23rd January 2018 Commons Chamber

[Iain Stewart (Milton Keynes South) (Con)]

5. What recent assessment he has made of standards at Oakhill secure training centre in Milton Keynes.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

The findings of a recent Ofsted inspection report on Oakhill secure training centre are completely unacceptable. We took urgent action to address Ofsted’s concerns. The Ministry of Justice’s monitoring team has been carrying out further scrutiny to investigate Ofsted’s findings.

[Iain Stewart]

The young people held in the centre often have complex, challenging needs and require considerable intervention to help their rehabilitation. By when can we hope to see some tangible improvement in that intervention?

[Dr Lee]

My hon. Friend is spot on. These vulnerable children require the very best care, particularly for their mental health. In negotiations with the main contractor, I rule out absolutely nothing if the contract obligations are not being met.

[David Hanson (Delyn) (Lab)]

rose—

--- Later in debate ---

[David Hanson]

Absolutely, Mr Speaker. Has the Minister taken any view on reducing the financial arrangements with G4S for running Oakhill or imposed any sanctions? What does it take to lose a contract?

[Dr Lee]

The right hon. Gentleman, as a previous Minister responsible for the institution, will acknowledge that the contract is subject to a series of obligations. It was signed in 2004 and lasts for 25 years. I am fully aware of the need to improve standards at Oakhill. I rule absolutely nothing out, and I have already met senior people at G4S to point that out.

[Imran Hussain (Bradford East) (Lab)]

Oakhill, which is run by G4S, was found last year to make use of high levels of force, but G4S is not the only private security company using high levels of force against vulnerable groups. Today’s report into the Sodexo-run Peterborough Prison shows that it has become the first women’s prison in years to be deemed not safe enough, with high levels of force and the overuse of strip searching, so is the Minister worried that profit is being put before prisoner safety?

[Dr Lee]

The children being held at Oakhill can sometimes be extremely challenging, and the staff have to be able to control them to protect not only themselves, but other children and staff. With reference to Sodexo and the report into Peterborough Prison, the situation is not acceptable. We have already engaged with Sodexo, particularly around strip searching, and I expect and have demanded improvements.

[Tom Pursglove (Corby) (Con)]

6. What steps he is taking to support people who make a victim impact statement.

--- Later in debate ---

[Gareth Johnson (Dartford) (Con)]

15. What steps his Department is taking to support victims of crime.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

The Government want victims to get the support they need to cope with, and as far as possible recover from, the effects of crime. We are spending £96 million in 2017-18 to fund critical support services for victims of crime. That includes £7.2 million for nationally commissioned rape support services.

[Neil Coyle]

John Worboys lived in Rotherhithe in my constituency and is not welcome back. He has not served the sentence he was given and was not prosecuted for the vast majority of his crimes. How are the Government working with victims, police authorities and the Crown Prosecution Service to ensure that sex attackers are prosecuted for their crimes, and how is the Ministry of Justice better ensuring that victims’ rights are upheld in future parole decisions?

[Dr Lee]

The case of Worboys has troubled us all; it has troubled me personally—of course it has. In this particular case, Dame Glenys Stacey is investigating the review from a probation point of view. As the Secretary of State has already said, there are operational responsibilities with regard to where he is transferred to and the directions when he is released and where he can go. The Department is engaged with that on a daily basis.

[Gareth Johnson]

The biggest insult that can be given to a victim of crime is the imposition of a derisory sentence on the offender. Will my hon. Friend update the House on his plans to widen the scope of the unduly lenient sentence scheme, as set out in the Conservative party manifesto?

[Dr Lee]

As I am sure my hon. Friend is aware, the Government committed in their manifesto to consider the extension of the scope of the unduly lenient sentence scheme. My right hon. and learned Friend the Attorney General is reviewing that.

[Gloria De Piero (Ashfield) (Lab)]

We all know that, too often, victims are failed by the criminal justice system. That is presumably why, in 2015, the Conservatives matched Labour’s manifesto commitment to enshrine victims’ rights in a victims law. It is three years on. Can Ministers give me a single good reason why it has not happened?

[Dr Lee]

After Easter my victims strategy will be published, as promised, and within it there will be recommendations on legislative and non-legislative measures, part of which will be the legislative underpinning of the victims code.

[Jeremy Quin (Horsham) (Con)]

11. What steps the Government are taking to stop the use of drones over prisons.

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[Mrs Emma Lewell-Buck (South Shields) (Lab)]

T2. My constituent Kim Mitchell was the victim of child sexual abuse in 1990 when she was only eight years old. Kim had to suffer the trauma of growing up with the authorities not believing her, yet after a long battle her abuser was eventually charged just last year. Sadly, Kim has been denied criminal injuries compensation due to a minor unspent criminal conviction. Does the Secretary of State think this is fair?

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

It sounds like an appalling case. I ask the hon. Lady to write to me about it and I am happy to meet her.

[Martin Vickers (Cleethorpes) (Con)]

T4. Constituents repeatedly complain to me that dangerous criminals do not as a matter of course serve the sentence given by the courts. What action is the Department taking to ensure that sufficient prison places are available so that dangerous criminals can serve the sentence deemed appropriate by the courts?

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[Dr Matthew Offord (Hendon) (Con)]

T8. Islamic and Jewish religious traditions insist that bodies be buried as soon as possible after death, so does the Minister agree with me that it is reprehensible for the north London coroner, Mary Hassell, independently to insist on a policy in which“no death will be prioritised in any way over any other because of the religion of the deceased or family”?

[Dr Phillip Lee]

I thank my hon. Friend for his question. I am aware of the situation, having met representatives of the Board of Deputies of British Jews and Muslim burial representatives in October 2016. Coroners are independent of the Government, but I do recognise that there are some sensitivities around this issue and that there have been some difficulties in communication between the coroner and certain parties. That is why I would be very happy to meet my hon. Friend and, indeed, those representatives again in the Department.

[Ruth George (High Peak) (Lab)]

T5. Does the Secretary of State think it right that the number of women experiencing domestic violence who are forced to represent themselves in court has doubled since 2012, and what steps is he taking to give them better access to legal representation?

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[Eleanor Smith (Wolverhampton South West) (Lab)]

T6. Does the Minister believe that the funding gap in the NHS is having an impact on healthcare provision in our prisons?

[Dr Phillip Lee]

Healthcare in prisons was a priority for me when I took over in July 2016: it was the first thing I started to ask about. The Ministry of Justice now has a much closer relationship with the Department of Health with regard to the provision of healthcare. We have made advances in the transfer of patients’ information—when prisoners come in, their patient data follow them—which was a problem in the past. I am under no illusions about the healthcare challenges still faced within the prison system, and that is why I will continue to work actively with the Department of Health, which is ultimately the Department responsible for the provision of those services.

[Mr Philip Dunne (Ludlow) (Con)]

I was pleased, along with other Shropshire and Telford MPs, to see last Friday that Telford magistrates court was not included in the list of courts to be consulted on, but will the Minister meet me and other Shropshire MPs to understand how important it is to retain the last magistrates court in our county?

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[Layla Moran (Oxford West and Abingdon) (LD)]

In the 18 months prior to May 2017, three openly transgender women took their own lives while they were in custody in England. What is being done to ensure that staff have the right training and, critically, that prisoners have the right mental health support to head off such tragic events?

[Dr Phillip Lee]

The hon. Lady is right that such events are tragic. We are working extremely hard on training staff to recognise the particular needs of transgender offenders. The challenge for the system is that they are a relatively small number of people spread across a number of prisons. We are making some progress, but there is more to do.

[Paul Scully (Sutton and Cheam) (Con)]

It is good to hear the Minister offer to speak to Members around the House about the courts in their patch. When she does so, will she explain to them about modernisation and digitisation, and how those changes may improve access to courts?

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[Chris Ruane (Vale of Clwyd) (Lab)]

The number and percentage of women given custodial sentences has dropped in many areas of the country. In north Wales, the figure has increased by 57%. Will the Minister look into the reasons for this huge increase?

[Dr Phillip Lee]

I am very happy to. Will the hon. Gentleman please send me the information?

[Rachael Maskell (York Central) (Lab/Co-op)]

Some women in York have been taken to the family courts on multiple occasions by former partners. This process is clearly being used as a form of emotional abuse, and is highly costly to constituents and the state. What steps is the Minister taking to recognise court abuse, and what actions will she take now?

Mental Health in Prisons

Phillip Lee Excerpts

Wednesday 10th January 2018 Westminster Hall

[Ms Rimmer]

I absolutely do. The institute of psychiatry, psychology and neuroscience at King’s College London estimates that more than half of prisoners may have common mental disorders, including depression, post-traumatic stress disorder and anxiety, and believes that 15% of prisoners have more specialist needs. Those are significant figures, but guesstimates are not good enough. The most commonly used estimate, which is that 90% of prisoners have mental health issues, dates from 1998— 20 years ago. The Government have no idea of the scale of the problem. The Ministry of Justice must address that to plan services and meet needs.

The National Audit Office has recently stated:

“Government does not collect enough, or good enough, data about mental health in prisons, which makes it hard to plan services and monitor outcomes.”

It particularly criticised NHS England for the data collected, which

“do not measure outcomes for prisoners, continuity of care or service quality.”

How damning! This failure to monitor poor mental health levels and the mental health services provided in prison simply would not happen in the outside world. It is costing our citizens their wellbeing and sometimes their lives. Let us remember, it is also costing the taxpayer.

The lack of knowledge about prisoners’ mental health exists at all stages of the cycle: on entry to prison, a point raised by my hon. Friend the Member for Stretford and Urmston (Kate Green); during their stay in prison; and after they leave. This means that future prison needs, present prison needs and community needs, and consequently budget requirements, cannot possibly be accurately planned for. For instance, what consideration was given, and finance afforded, to the detained historical sexual abusers? These are elderly people with age-related health needs, such as heart conditions, dementia, diabetes and cancer. The money came from the prison health budget and the issue occurred at the same time as spice arrived. Consequently, there was less money for mental health drug treatment at the most crucial time.

NHS England does not even know what it spends on mental health in prisons. Perhaps the Minister could enlighten us—although I know he is a new Minister.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

No, I am not. I am the last man standing.

[Ms Rimmer]

I apologise.

The Government’s own prisons and probation information states:

“Prisoners get the same healthcare and treatment as anyone outside of prison.”

That is demonstrably not the case in our prisons at present. In reality it is clear that our prisoners are struggling with ever-increasing levels of poor mental health and are actively let down by the system. It is impossible to reach any conclusion other than that the Government’s failure to act adequately is exacerbating what is approaching a mental health emergency in our prisons.

The Joint Committee on Human Rights inquiry last year noted that the body of research in the last three decades has overwhelmingly found that the common feature of deaths in custody is a prisoner’s mental health. Figures published by the Ministry of Justice in November of last year confirm that it will have received a “real-terms cumulative decrease”—in other words, a savage cut—of 40% in funding. That is £3.7 billion in a decade by the end of 2019-20. Who is suffering most as budgets are cut to the bare bones? It is prison staff on the ground, working in unsafe conditions and at increased risk of attack; the prisoners in their care; and society as a whole. The cuts have led to dangerous situations in our prisons and have cost lives.

The Howard League report of 2016, “Preventing prison suicide,” damningly concluded that

“Staff shortages have increased the risk of suicide”

in our prisons. There was a cut of almost 7,000 frontline officers—austerity measures. Was there a risk assessment prior to the prison officer reduction of 7,000? I very much doubt it. I would like to see it, if there was one.

I welcome the Government’s pledge to recruit an additional 2,500 staff by the end of 2018. Unfortunately, only half of these have been recruited so far. I believe this promise will not be sufficient to tackle the issue at hand—the facts speak for themselves. There is a serious retention problem: loss of prison staff is outstripping recruitment at a quarter of prisons, often the most dangerous ones. It has been found that prisoners now miss an average of 15% of medical appointments, due to a lack of staff to escort them. The sheer lack of prison staff at present means that prisoners’ physical activity is greatly restricted as their safety outside cells cannot be guaranteed. Some 31% of prisoners at local prisons report spending at least 22 hours a day cooped up in their cells as a result of inadequate staffing and this surely must affect their mental health.

The Howard League reported last year that two children and young people a week call its advice line stating that they have problems accessing prison healthcare. I am advised of two shocking cases. One example was a child who was kept in isolation at a children’s prison for months awaiting transfer, despite prolific self-harm. He was kept in a bare cell with a transparent door for observation. He was judged by a psychiatrist as not medically fit to be segregated, but was kept in almost total isolation for several months before finally being transferred to hospital. Another child, a 15-year-old with attention deficit hyperactivity disorder, was not consistently given his medication. He was isolated and self-harming, even attempting suicide. It was only after the Howard League raised concerns on multiple occasions about his self-harm and severe needs that his pills were consistently given to him, and it was only when he made a suicide attempt that any action was taken to move him to a more suitable placement. I consider that an inhuman and barbaric way to treat two of our children. Suffer not little children: surely the fifth richest country in the developed world could and must care for such children better and work to rehabilitate them.

Prison psychiatrists overwhelmingly feel that service cuts have adversely affected their ability to provide care for prisoners, which is particularly concerning when there are such inadequacies in transferring acutely unwell prisoners out of these establishments. There are cases where the contractors employed by NHS England failed to carry out the services they were obliged to. In two cases, their costs were not recouped—how damning. These are people denied their care, and public funds gifted. The Government target of 14 days for eligible prisoners to be admitted to a secure hospital from prison was met only 34% of the time in 2016-17, 7% waited for more than 140 days, and one person waited for more than a year in misery. This is cruelty.

The staff are inadequately trained and only 40% receive refresher training. The importance of the screening process has not been sufficiently emphasised to staff. Staff do not always enter data on the “risk of suicide” and “risk of self-harm” of prisoners in their records of these screenings. How can needs be spotted if they are not identified and recorded? As my hon. Friend the Member for Stretford and Urmston mentioned earlier, this should take place at the police station. Even when the details are recorded, there simply are not enough prison officers to monitor this adequately.

Evidence received by the Public Accounts Committee bears testimony to the fact that the increase in suicide and self-harm in our prisons is in part due to the use of drugs. I acknowledge the work of Her Majesty’s Prisons and Probation Service—the number of drug seizures has increased rapidly with nearly 3,500 services in our prisons in 2016, following the legislation making spice illegal, and a new test has been introduced to detect psychoactive drugs with trained dogs to sniff out these substances.

The prison estate itself is also in a deplorable condition. Over a quarter of it was built before 1900 and the majority was not built with healthcare in mind. We have all seen the case of HMP Liverpool in recent weeks. Some of the estate there was in such bad condition—dirty, rat-infested and hazardous—that it could not be cleaned at all. The state of that prison was described as one of squalor, in 21st-century Britain. It is not right that we house prisoners in such horrendous conditions. Surely the mental health of anyone living in such unsanitary circumstances would suffer.

With the Government’s brutal cuts showing no sign of slowing down, and the need for staff still outstripping supply in many places, what will this mean for prisoners with mental ill health in the future? I fear there will be no substantial improvement for prisoners facing this plight any time soon. It is in everyone’s interest to improve this situation, not least because effectively treating prisoners with poor mental health is essential to reducing reoffending and ensuring that those who live with mental health problems can do so more cohesively in our society and communities.

We have a fine example of where decency works, and works well: HMP Askham Grange operates on this principle. It refers to prisoners as residents, and has built an atmosphere of respectful relationships. Its reoffending rate is 6%, while latest Ministry of Justice figures show a national average of a 29.6% reoffending rate within a year. There are six prisons with executive governors. Is there any improvement in mental health outcomes in these prisons? But a bigger question remains: should people with mental health conditions be in our prisons at all? Is it as simple as a psychiatrist making a judgment that someone is, as it is sometimes said, “bad, not mad,” and should therefore be incarcerated?

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[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

It is a pleasure to serve under your chairmanship, Mr Howarth. Although I am the most experienced Justice Minister standing, it is going to be a bit of a challenge for me to answer all the questions in nine minutes, but I will do my very best.

I congratulate the hon. Member for St Helens South and Whiston (Ms Rimmer) on securing this debate on such an important issue. I also thank right hon. and hon. Members for their passionate and knowledgeable contributions to the debate. As well as the hon. Member for St Helens South and Whiston, we heard from my hon. Friend the Member for Henley (John Howell), the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) and my hon. Friend the Member for Taunton Deane (Rebecca Pow). I recognise the value of gardening —in all the prison visits I have made, the pride taken in the prison gardens and the therapeutic benefits garnered as a result are striking.

I will of course meet the right hon. Member for North Norfolk (Norman Lamb) to discuss the distressing case he mentioned. The hon. Member for Bridgend (Mrs Moon) mentioned Parc. I recently visited the young offenders institution at Parc and was impressed with the environment for young people. The hon. Member for Islwyn (Chris Evans) was very generous in his comments, as ever. I thank him. Yes, I am the continuity man—I am on my third Secretary of State. I also thank the shadow Front-Bench spokespeople for their contributions—the hon. Members for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) and for Bradford East (Imran Hussain).

The Government committed to reforming our prisons and prison culture in the “Prison Safety and Reform” White Paper of November 2016. Since then, we have delivered changes that will help prisoners to receive the mental health support they need to engage positively with society, but I am clear that more can be done to improve access to services and support for prisoners, who are some of the most vulnerable people in our society.

First, I am clear that appropriate interventions and treatments at the right time and in the right place are vital to improving outcomes for those with mental health issues and other vulnerabilities. We are working across Government to help people access the services they need from their first contact with the criminal justice system. In England, liaison and diversion services have been rolled out in police stations and courts, covering more than 70% of the country. Those services, commissioned by NHS England, will be rolled out to cover 90% of England by the end of April 2019 and will be nationwide by April 2021. In Wales, where health is devolved, there is a separate but similar criminal justice liaison service.

We are building on services that divert those with mental health problems away from custody by increasing access to treatment for offenders in the community. Courts are already able to include mental health and substance misuse treatment as part of a community sentence, but often do not do so because of the barriers that offenders can face in getting the help that they need.

In 2016, only 669 mental health treatment requirements were given, which is approximately 0.5% of all community sentences. To tackle that, along with the Department of Health and Social Care, NHS England and Public Health England, we have been working to develop a protocol for community sentence treatment requirements. It will set out what action is required by health and justice staff to ensure that pathways into timely and appropriate treatment are in place, and that greater use is made of mental health and substance misuse treatment requirements as part of community sentences. The protocol, which includes a new maximum waiting time from date of sentence, will provide quicker access to mental health treatment, giving offenders the right support to keep them out of prison where appropriate, and breaking the cycle of reoffending.

In Wales, a project team is working on mental health treatment requirements, and the goal to improve MHTR is captured in the Welsh Government’s “Together for Mental Health” delivery plan. A similar protocol is being considered to cover devolved health services in Wales.

We have made good progress in diverting those with mental health needs away from prison, but many offenders with poor mental health are still being placed in a custodial setting, which brings me to my second point: we need to do more to make sure that these men and women receive the help they need. We know that we need the right staffing levels to provide a safe and secure regime that engages with prisoners with poor mental health in a supportive and rehabilitative way. That is why we committed to an increase of 2,500 prison officers by the end of 2018. Since we published the White Paper, we have recruited a net extra 1,255 prison officers over the last year, which puts us on track to meet the target, and means that officer numbers are now at their highest since August 2013.

We also know that the relationship between staff and prisoners is fundamental in supporting their wellbeing and reducing their risk of self-harm. Our offender management in custody model will see every person in closed conditions being assigned a key worker to motivate support and signpost them to the most appropriate services to help them to reform. Prisoners will be supported to attend scheduled health and mental health appointments. Their dedicated officer will be in a better position to respond to changes in their behaviour or mental wellbeing. The offender management in custody model has been rolled out in eight pathfinder prisons, and our aim is to introduce it into all other establishments by March 2019.

Last but not least, we need to ensure that our staff have the right skills to identify prisoners’ needs and risks, and provide them with the appropriate support. All staff in prisons, whether they are prison officers or staff in any other organisation working in a prison, receive mental health awareness training as part of the introduction to suicide and self-harm prevention course. It is also included in entry-level training for our new prison officers. Since April, 11,000 members of staff have started that training. The mental health awareness module informs staff of the most prevalent mental health issues in prison, including how poor mental health might affect behaviour and how officers can interact positively with prisoners presenting with mental health needs.

I acknowledge the concerns raised about how the age and condition of some parts of the estate might impact on the mental health and wellbeing of prisoners. I assure hon. Members that the Government are committed to transforming the prison estate in England and Wales and will be investing in the estate to deliver up to 10,000 new places. That includes pushing ahead with plans to close older prisons and open new accommodation during this Parliament.

I am aware of concerns about the amount of time that prisoners spend in cell rather than in activities that would support their mental health and reduce reoffending. We are committed to providing a supportive and rehabilitative regime with which prisoners can engage positively. In 2016-17, offenders completed 16 million hours of work and there were on average 11,200 offenders working in prison workshops.

For those prisoners who are seriously ill and require transfer to secure hospital to meet their care needs, we are considering ways in which we can best support them while they are awaiting transfer—we are working closely with NHS colleagues on how we can improve the transfer process. Her Majesty’s Prison and Probation Service has issued a learning bulletin aimed at senior management and staff that provides guidance on the transfer process, managing risk and supporting individuals prior to and following transfer.

To support those in crisis we have worked with the Samaritans to produce a new digital suicide prevention learning tool, which is designed to give staff more confidence to engage with prisoners who may be at risk of suicide. We continue to support the Samaritans’ Listener scheme and are funding a new initiative designed to build emotional resilience in prisoners in their early days in custody.

We are exploring with probation colleagues how to ensure better continuity of the work being done to improve mental health in prisons through to the community to provide ongoing support and help reduce reoffending on release. Since 1 July 2017, prisoners can now register with a GP prior to their release. That will facilitate a quicker transfer of patient and treatment information from prison to GP, supporting prisoners to access community healthcare services on release.

Hon. Members raised a number of questions, including on the level of self-inflicted deaths. I am responsible for women’s prisons. When I took over in July 2016, I inherited a situation in which there was a suicide every month on the women’s estate. We have had only one suicide since January 2017. Every self-inflicted death is a tragedy and I want to be cautious in publicising those figures, but I am hoping that there is a trend in place and we are improving the situation in the women’s estate. There has also been a similar decline in the number of self-inflicted deaths in male prisons, although there were still 77 up to September 2017, which is obviously too many.

Spice is a particular problem, and increasingly so in broader society. We have introduced dogs to detect spice coming into prisons. I am under no illusions about how difficult this is, nor about the challenges of spice and the impact it might have on people’s psychiatric health. This is a work in progress and it will remain challenging, but we are determined to do better.

We recognise the value of employment on release. I recall going to HMP Drake Hall, where I met a young lady who was working for Halfords and was already placed into the job on release. I want to see more of that.

Transfer times for secure hospital placement is a particular concern to me. I get regular updates and have done ever since I started in the post. We have made some progress but we need to make more.

The report for the Joint Committee is currently with the new Secretary of State. Once he has read it, signed off and gone through the process, it will be published as promised.

I apologise for not being able to answer all the other questions. Finally, I thank all colleagues. This is an important issue and we need to continue to work hard to make things better for prisoners.

Shoreham Air Show Crash: Access to Justice

Phillip Lee Excerpts

Tuesday 9th January 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I begin by paying tribute to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) for his tireless and tenacious efforts and for securing this debate. I am grateful for the opportunity to respond on behalf of the Ministry of Justice.

The Shoreham air disaster was an appalling tragedy. My heart goes out to all those affected. My hon. Friend has spoken movingly about that tragedy, both today and in the past in the House. The inquest is a distinct judicial process. It can be a traumatic ordeal for the bereaved, both in hearing how their loved ones died and through the frustration in the search for answers. That search for the truth, the answers to the unknown questions, is important in helping the bereaved to understand and make sense of tragedies such as this. It is also important for ensuring we have proper accountability for what happened, and thereby enable the families affected to move on with their lives, even though, of course, it can never compensate for their loss.

The inquest process comes on top of the independent review that was commissioned by the Department for Transport, working with the air accidents investigation branch, which reported last year. I note that the Civil Aviation Authority has accepted all the air accidents investigation branch’s recommendations. I mention this because of its importance in the search for all of the answers that the families quite understandably want.

The inquest itself is meant to be an inquisitorial process. It should not be an adversarial court proceeding. Participants are not required to present legal arguments, and they can ask coroners to question witnesses on their behalf. Inquests are about fact finding. They seek to establish the truth. Most inquest hearings are conducted without the need for publicly funded representation. That must be right to ensure they are as accessible as possible to both the bereaved and the wider public.

The specific process for the coroner will be unfamiliar to most people and it is important that the bereaved are properly supported, as they navigate an unfamiliar judicial procedure at such a heart-rending time for them. That is why the coroner reforms we implemented in 2013 were designed to put bereaved people at the very heart of the process. For example, families now have the right to request most of the documents in the case, and they can expect the coroner’s office to update them at regular intervals, and explain each stage of the process. The bereaved should be treated with compassion and respect, and their needs should be central to the coroner’s investigation and inquest.

The crucial point is that inquests should be more sensitive and more accessible to the citizens they are there to serve. Of course, early legal advice may sometimes be needed and helpful. That is why we have protected early legal advice to support the bereaved in preparing inquests, ensuring that it remains within the scope of legal aid. It may also be that publicly funded representation at the inquest hearing itself is necessary in certain exceptional circumstances, and if that is the case it should be provided. This was the position prior to the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and it remains the position today.

I know criticisms have been made of the exceptional case funding scheme, and how it operates in respect of inquests, but it is important to note that, in the last two years, 328 applications for publicly funded representation at an inquest were granted. That is 62% of all applications, so the scheme does work. It does support families. I appreciate that this will be scant solace in my hon. Friend’s case, or in any other case where legal aid was not granted, but my hon. Friend also knows that Ministers cannot intervene in the decision-making process in individual cases, nor should that be possible. Individual decisions are made independently by the Legal Aid Agency, and it is important that these decisions are, and are seen to be, free from political interference.

At a human level, of course I appreciate the frustration in this case, but it was an independent decision made by the LAA. If an applicant disagrees with a funding decision taken by the agency, they have a right to an internal review, and to make further representations. I understand that the application for review in this case was not accepted, but that does not preclude further representations being submitted. My understanding is that so far none have been made.

More broadly, last year the Ministry of Justice spent £1.6 billion on legal aid in England and Wales, which accounts for more than one fifth of the Department’s budget. The Government have a responsibility to ensure that those in the greatest hardship, those in greatest need, can secure access to justice. Our job is to make sure that the most vulnerable have the support they need, and that precious and finite resources are made available to that end. That is a responsibility that we take very seriously.

Our approach is not set in stone. We keep it under constant review. For example, Dame Elish Angiolini’s important report on deaths in custody highlighted that there are issues in the system relating to public participation in the inquest process. The report was reviewed in the Department and we are updating the former Lord Chancellor’s guidance, so that it is clear that the starting presumption is that legal aid should be awarded for representation of the families at an inquest that follows the non-natural death or suicide of a person detained in custody.

We have a wider review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the legal aid reforms introduced then, which is under way and will report by the summer recess. The former Lord Chancellor has made it clear that we will look at the legal aid provision in inquests alongside the LASPO review. But I have to say that we must grapple with a more fundamental point about the accessibility of inquests. It is absolutely crucial that we consider the experiences of the bereaved during the entire process, and explore ways in which we can make inquests more sensitive at such a traumatic time. It is important to consider carefully when legal representation is necessary in what is intended to be an inquisitorial, fact-finding hearing.

The Department basically accepts my hon. Friend’s fundamental contention, which he made at Prime Minister’s questions back in November, around the equality of arms at inquests. In recent years, more and more interested persons, including public organisations, are deploying lawyers at inquests and this can create an unfair imbalance for ordinary families. But the Department does not believe the right public policy response is to engage in a legal arms race. The Department believes that we must make sure the inquest process retains its inquisitorial rather than an adversarial character and quality. I do not mind saying that overall we need to try to reduce the number of lawyers involved, where it can be responsibly done, if our aim is to make inquests more accessible, and meet the needs of the bereaved, without compromising fairness to anyone involved.

We will look at that in detail over the coming months, including the scope for reducing the number of lawyers on all sides, making the procedure more accessible, and improving the guidance available to support the bereaved. At the same time, we are already investing over £1 billion to transform our courts and tribunals, building on the worldwide reputation of our justice system, so that it is more sensitive to victims, more modern, more efficient, and more accessible. This will provide swifter and simpler justice for everyone, especially those at their time of greatest need. The justice system, and the inquest process in particular, must have due process, but it also needs to be sensitive to the needs of bereaved people at times of their greatest anxiety and indeed even suffering. Legal aid is, no doubt, one piece in that jigsaw, but we must look more widely at the system if we are going to deliver even better access to justice in the 21st century.

I conclude by congratulating my hon. Friend again on his comprehensive and, perhaps more importantly, passionate presentation on behalf of his constituency and constituents. I welcome the other thoughtful contributions, and I will ensure that the new ministerial team at the Ministry of Justice reflects further on them, as we take forward the Ministry of Justice’s vital reform agenda.

Question put and agreed to.