(5 years, 6 months ago)
Commons ChamberAccess to justice was denied to a constituent of mine who had a child taken away from her, after birth, by social services. She has struggled find legal representation because lawyers refuse to take on a local authority with huge financial resources. How will the Government help constituents such as mine?
My right hon. Friend makes an important point. Care proceedings are incredibly important, and when a child is taken away from their parent, it is a tragic matter that affects them for a long time. My right hon. Friend should be aware that legal aid is available for public law cases. I am very happy to discuss that particular matter with her.
(6 years, 5 months ago)
Commons ChamberAbsolutely. Getting that family relationship right and embedding people properly with their family is vital to reducing reoffending, along with many of the measures we take on education.
For prisons to be effective, we must get the basics right. This means creating prisons that are safe, secure and decent. It also means tackling the ringleaders of serious organised crime, so that they cannot continue to profit from their crimes and ruin people’s lives through drugs, deaths and violence from behind bars. I can announce that we are investing an extra £14 million to tackle serious organised crime. This includes creating new intelligence and serious organised crime teams to support work with the National Crime Agency, and enhancing our intelligence and information-gathering capacity across the country. I will also look at how we categorise prisoners to make sure that we are using our most secure prisons to tackle ongoing criminality behind bars. At the same time, we will reset the system of incentives in our prisons, so that they work much more in the favour of prisoners who play by the rules and want to turn their lives around, while coming down harder on those who show no intention of doing so.
The number of foreign national offenders from EU countries in our prisons remains at around 4,000. As part of the negotiations on leaving the EU, is my right hon. Friend liaising with other Government Departments, including the Home Office and the Department for Exiting the European Union, to ensure that we can deport more of the thousands of EU nationals who are in our prisons and remove these dangerous people from Britain?
Since 2010 we have removed more than 40,000 foreign national offenders from our prisons, immigration removal centres and the community. A range of removal mechanisms exist that enable foreign offenders to be returned to their home countries, and we are working closely with the Department for Exiting the European Union and the Home Office as we consider our future criminal justice arrangements with the EU, with the aim of carrying on our close working relationship.
(6 years, 7 months ago)
Commons ChamberLast year, nationally, court and tribunal services were used at only 58% of their available hearing capacity. Moreover, as I have outlined, we are planning to spend £1 billion on modernising the courts service by using technology to put some processes online and employ video evidence more effectively. In those circumstances, it is appropriate to consider the best use of the money that we spend on the legal services system, as we are doing through a consultation that will include the hon. Lady’s local magistrates court. We will listen closely. It is important to remember, however, that all the money saved through any court closures will be put back into the justice system, making sure that it works effectively for everybody in it.
The Worboys case has made it clear to me that there are some aspects of the Parole Board’s decision-making process that need to be examined and improved. It is crucial that we preserve the independence of the Parole Board, but equally important that these decisions can be scrutinised and, in some circumstances, reconsidered. That is why I announced on Friday the expansion of the scope of the review of the Parole Board to include not just transparency of decision making, but whether, in what circumstances, and how outcomes can be challenged. I will not rush to conclusions. This is a complex area where the rightful concerns of victims will be considered but also balanced with the legal rights of offenders. We will have completed the review by Easter, and I will report thereafter.
The Lord Chancellor will be aware of the case of my constituent who was left blinded in one eye and unable to work because of her abusive ex-partner. The offender was sentenced by our court to a pathetically small 22 months and released early, and the Crown Prosecution Service could not be bothered to pursue a compensation order. Will he personally review how this case has been handled, the soft sentence given, and the failures of the criminal justice system to support the victim?
(8 years, 10 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship this afternoon, Mr Owen.
The amendments are about fairness for taxpayers. Currently the Government divert benefit payments to Motability Operations Ltd on behalf of claimants who participate in the Motability scheme. That is of direct benefit to Motability Operations Limited, but the cost of doing it is borne by the taxpayer. The new clause seeks to rectify that by granting the Government the power to recover the expenses incurred in the administration of that arrangement and any similar future arrangement in respect of benefit diversion to an organisation that leases or sells motor vehicles to disabled persons.
Amendment 130 will enable the Government to exercise the power in England, Wales and Scotland. The power will not have an impact on customers. It will merely allow the Government to recover the expenses incurred in diverting the benefit. It has the support of Motability.
I have a number of points, and I will come back to the hon. Lady specifically on quantity information and data. The measure has the support of Motability, and working with Motability is the right thing to do because Motability Operations Ltd provides great support for claimants. She makes it abundantly clear that a great deal of vital and valuable support is provided. This is a valuable lifeline to claimants.
The hon. Lady mentioned costs. I have some figures. The measure costs less than £1 million a year, and Motability has confirmed that it is affordable and will not have an impact on its users. She has specifically asked for further information, and I will ask officials in the Department to get back to her.
I welcome the Minister to her place. It is interesting to hear that Motability supports the amendment. Does the amendment arise from the expectation advertised by Motability that it will be forced to withdraw vehicles from disabled people as a result of the transition from disability living allowance to the personal independence payment?
My understanding is that there will be no impact on claimants who participate in the scheme. The measures are about ensuring the service and reclaiming costs in a fair way for taxpayers, as I explained in my initial comments. This is not about service provision changes. I hope that answers the hon. Gentleman’s question.
Question put and agreed to.
Question put, That the clause be added to the Bill.
That is a well-made point. The more we get into this debate, the more we have to move from the philosophical and the abstract to the practical. This is a practical example of where we can say to people, “You’ve got so many pressures on your life at the moment, the least we can do is try to take away just a little of the pressure on you and your family.” If we can just do that, it would be a small step, but a great achievement.
Let me start by thanking the hon. Members for Bermondsey and Old Southwark and for Bootle for their contributions, and particularly the hon. Member for Bermondsey and Old Southwark, who has experience in this area from his professional background. For the record, I also thank the third party organisations that have submitted written statements to the Committee and its members. The hon. Gentleman gave some examples—not attributable ones—but I repeat my offer to the Committee: if there are cases that he or any other member would like me to look at, I would be happy to do that and to meet them to give support and assurance.
New clause 18 seeks to create a duty to increase the rates of disability living allowance and PIP by the highest of the CPI, the rise in average earnings or 2.5%. DLA and PIP are benefits that offer support, as we have heard, for those needing care or supervision as a result of their disability. New clause 18 would require the Secretary of State to review those rates every tax year, considering the effect on them if they were increased by earnings, prices or 2.5%, and, within three months of concluding that review, to lay an order increasing them by the highest of earnings, prices or 2.5%.
Making this change to the Welfare Reform Act 2012, rather than to the Social Security Administration Act 1992, would create a second review process of DLA and PIP rates, which would overlap with the general review of benefits conducted by the Secretary of State every tax year. That would create uncertainty for benefit recipients, who may find their benefit rates reviewed and announced at different times. Furthermore, the change would remove the alignment between the rates of the care components of DLA and the daily living components of PIP, and those of the attendance allowance, causing further confusion for recipients between working and pensioner age.
This discussion has been highly relevant, however, because we all understand and share the desire of hon. Members who have contributed to the debate to protect and to support those in receipt of DLA and PIP. That is why we have in place many protections, which I would like to set out. We already continue to uprate DLA and PIP by price inflation; specifically, we have exempted certain benefits relating to the additional costs of disability and care from the benefits freeze. Those include DLA and PIP, as well as carer’s allowance, attendance allowance and the support group component of ESA. We have also exempted recipients of DLA and PIP from the benefits cap. The welfare system continues to provide support and to protect those recipients. As we have heard, there are families who cannot work and require the support of DLA and PIP, which is why we have these exemptions. We have also ensured that both DLA and PIP remain universally accessible benefits and have committed not to means-test either. We have also committed to keep them non-taxable. We have built extra protections into the system for claimants who may need extra support.
That brings me on to new clause 4. During the course of our welfare reform programme, the Government have always made it clear that, in our steps to achieve a higher-wage, low-tax and low-welfare society, we will always provide support for those with the greatest needs. In particular, PIP recognises the unique challenges of claimants who are terminally ill. Special rules and criteria for the terminally ill have been introduced to ensure that the PIP system handles such cases both efficiently and sensitively to reduce burdens on individuals and their families at what is inevitably a difficult time. PIP has a fast-track system to allow us to process special rules claims more quickly, with claims, on average, being cleared within six working days. Some 99% of those who apply under the special rules are awarded the benefit, and we have ensured that each of those individuals is guaranteed the enhanced rate of the daily living component.
Evidence for special rules cases is reviewed on a paper basis, and we do not expect individuals applying in such circumstances to undertake any face-to-face assessments. We have worked closely with stakeholder organisations to design a system that allows us to make the correct decisions in such instances without the need for a face-to-face assessment, thereby reducing intrusion and stress for claimants and families. It also helps us to deliver vital support for claimants in the most practical way as soon as possible.
In many cases where an individual may not be aware of their prognosis, or where that might be a particularly distressing subject to discuss, we have worked to design the system to support family members, or representative third party organisations, through the claims process to ensure that individuals can still access the support to which they are rightly entitled in a way that is sensitive to their needs. Through those steps, we have a clear focus on delivery for the individual. It is also important that case managers still have sufficient time in which to consider an individual’s case to ensure that they are being awarded the correct level of support and benefits. Reducing that time, as suggested, would potentially increase the risk of an incorrect payment being made. In such cases, the claimant would either be left with less support or little support. Obviously, we want to ensure that we are not creating any arduous or difficult processes. We are focused on supporting individuals.
Will the Minister clarify that point? My hon. Friend the Member for Bermondsey and Old Southwark has said that that happens automatically in the current DLA system. It happens in the DLA system, but not in the PIP system. Why would there be an issue if it is transferred to the PIP system?
As I have just said, that would undermine its value. The best way to put this is that, importantly, it is about the individual and ensuring that we have the right rules so that we can support the individual in the right way.
It is a bit disturbing to hear the Minister worrying about an inappropriate payment, because she is suggesting that the Department cannot handle this issue. It already handles the issue through disability living allowance so that people get the support when they need it. A very small number of people are moving from disability living allowance to the personal independence payment—we are talking about a maximum of 800 people a year, according to the Department’s figures. We are talking about a very small number of people and a change that aligns the support with DLA for those people in the DLA to PIP transition areas.
I completely understand those points. The focus is on ensuring that PIP is delivered in the right way and providing the right support. Having listened to the debate today, I will happily consider the views expressed. We are working with stakeholders under the independent reviews, as well. That is important for the efficacy of the delivery and roll-out of PIP. I will take the views and representations made by the Committee into consideration, and we will work with hon. Members, as well. I will be happy to discuss this matter further outside the Committee.
The hon. Gentleman touched on the issue of how frequently claimants who are terminally ill receive their DLA or PIP. Those claimants receive their benefit payment weekly in advance, as opposed to four weeks in arrears, the normal payment cycle for PIP. As I said, I am happy to discuss the matter further and take on board hon. Members’ considerations and representations. I therefore urge the hon. Gentleman to withdraw the new clause.
I thank the Minister for her response. It is good to know that there is a window of opportunity to explore this issue in a bit more detail. As I mentioned at the beginning of my remarks on the new clause, I hope that my hon. Friend the Member for Sheffield Central and the organisations in his constituency can be included in the discussions.
The fast-track system the Minister mentioned is there not out of the goodness of the Department’s heart; it reflects the fact that these people have only six months to live from diagnosis. Looking to have equivalent support for those on disability living allowance who are transitioning to the personal independence payment gives us a small window of opportunity to make sure that there is no time lapse and that people do not end up out of pocket purely because of a postcode lottery.
I welcome the Minister’s commitment and hope the discussions she mentioned are fruitful. If things are not as clear as we would like before Report, there will be the opportunity to discuss the provisions in the new clause at that stage.
To come back to the earlier point about taxpayers, there are many disabled people who use DLA and PIP to support themselves in work. In-work costs are higher for many disabled people—public transport costs, different work uniforms or whatever it might be. We should not lose sight of that. It would be useful if the Government could give a stronger indication that they would be willing to consider having higher payments, which the triple lock would achieve.
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
(8 years, 11 months ago)
Public Bill CommitteesQ 22 One of the interesting things about this discussion in the context of the Bill is the Government’s objective to halve the disability employment gap. Is it not clear that we would have to do much better than the 10% that has come out of the Work programme if we were to get anywhere close to halving that gap?
Kirsty McHugh: It is a hugely positive move from the Government to say that they want to do that. It is hugely ambitious. At the moment that means an additional 1.1 million people with disabilities into work. That means looking at the assessment regime, the interaction of the assessment regime with the employment support regime and the finances. It also means looking at the demand side from employers. There is some interesting work going on with the behavioural insights unit and others about how we actually change the mindset and de-risk it, potentially, in their minds—it should not be risky but sometimes it is perceived as being so—so that they are more likely to take on people with disabilities. It is not just one thing, but a whole series of things. It is a huge cultural shift but I am very pleased that the Government have said that they want to do it.
Q 23 Kirsty, you have touched on a broad range of themes, in particular on the Work programme and ESA. I know from discussions within the Department and, you will be aware, with Work programme providers, that this is a challenging area but one that we are ambitious about. Do you have any learnings or thoughts from the providers that your organisation represents? For ESA claimants in particular, what are those game-changing interventions? What else do you think the Government could focus on in terms of spending for support—bringing people closer to the labour market but, importantly, helping them to continue their journey of long-term sustained employment, not just getting them into work? What kind of health interventions could we look into? Do you have any insight or experience of seeing fruitful outcomes?
Kirsty McHugh: We did a piece of work for the Department bringing together a range of our members looking at ESA. We have actually done that more than once over the course of the past few years, as you can imagine. We have a lot of the big disability charities in membership—last year it was two-thirds not-for-profit—but we also have all the Work programme primes and Work Choice primes. A lot of the best practice comes from the other programmes, not just the Work programme.
The big thing is staff skills and confidence. For somebody who is presenting to them, it is them knowing about that right mix of support and challenge as a front-line adviser. They may have been out of work for 11 or 12 years so their confidence is on the floor. They have a huge gap in their CV and the mindset is not there in terms of, “I want to work and I can work.” Often, the providers say that once you switch that mindset it is almost job done.
How do you get to that attitudinal change so that people feel really positive about themselves and want to change their lives and those of their families and communities? It takes a while. It is about one-to-one relationships with front-line staff—none of this is rocket science. It is about long-term relationships and trust. Therefore, lower case load is really important for people with disability and health conditions. There has been a lot of investment in cognitive behavioural therapy-type approaches and talking support. Group therapy seems to work very well. There is never one magic bullet. A lot of this will be quite familiar to you. The good adviser will have a personalised referral to a range of different services in that area but staff skills are more important than anything else.
It is then about selling in—a horrible term—that individual to an employer. If somebody has a big gap in their work history, that can be quite an ask of an employer. Therefore, getting them work experience, or something that fills the hole in the CV that proves to them and to the employer that maybe they are a bit less of a risk, is really important. We know a lot now about the prevalence of mental health difficulties, which often co-exist with other physical conditions. It is often not just one condition. Often, the barrier to work is not health but the fact that they have got a lack of work history and a lack of skills.
I think there is a good consensus between the officials and the sector about what has worked and what has not worked and what we want to do going forward. As I said, there is quite a lot of evidence that the sustainment rates for people on ESA who get into work are high. What we definitely need to do is bring more money up front, which then means the specialist providers, charities and so on can do more up front with that individual and maybe we will have less on sustainment payments than we have currently. It is not about increasing the overall unit cost but about remodelling it.
Q 24 You gave a long, interesting and detailed answer to the question asked, which is essentially about how we get people on ESA into work. You have not said—I wonder if you overlooked this—that it might be an incentive and make it more likely for those on ESA in the support group to get into work if their benefits are cut by £36.20 a week, which is what is said in the Bill.
Kirsty McHugh: You are talking about the work-related activity group changes at this point in time. Again, to be up front, we are concerned about that. One of the issues is that if somebody has been through the work capability assessment and they have been put into WRAG, often they appeal. When they are going through the appeal, they are not actually engaging with the Work programme or Work Choice or whatever they have been put on. We have got to get to the stage where, actually, it is a really positive thing for somebody to think, “Work is an option for me.” If they are worried about their benefit levels, often that can get in the way of having that discussion. I understand that there are macro issues that the Government are facing in relation to that and we do not know quite what the impact of the measure will be at this point in time, but it is a concern.
(10 years, 6 months ago)
Commons Chamber8. What recent steps he has taken to support victims of crime.
The Government are giving more support to victims, and giving them a louder voice in the criminal justice system. We have introduced a new victims code, which gives victims more help throughout the criminal justice process. We are also exploring ways of reducing the distress caused to victims of sexual violence by cross-examination in court, and we aim to provide up to £100 million—more money than ever before—to help victims to cope and recover from crime.
My right hon. Friend is aware of my long-standing support for victims of crime. He is also aware that my constituent Marie Heath lost her job because she had to take time off work to attend the trial of criminals who murdered her son in Frankfurt. Does he agree that employers should show sympathy to employees who are bereaved in such horrific cases?
The whole House will sympathise with my hon. Friend’s view, and, in particular, with her constituent Marie Heath. The Government fund a national homicide service which supports bereaved people by, for instance, giving them access to support and guidance, helping them to explain their position to their employers, and enabling them to gain access to legal advice.
(10 years, 8 months ago)
Commons ChamberClearly, we want to sell an unused property as soon as we can, and we are working to do so, but we of course need to have a buyer before we can sell it, and we are constantly looking for buyers.
T3. Will the Secretary of State provide the House with an update on when he intends to stop child sex offenders and terrorists being automatically released from prison early?
(10 years, 9 months ago)
Commons ChamberMr Anabah’s first application was made only one year after sentencing, and each year the family face the prospect of yet another hearing. They are rightly outraged by this. They were also outraged when they learned that the purpose of the tribunal was simply to decide whether the offender was better.
The latest shocking development is that although the tribunal has so far refused to discharge Mr Anabah from hospital, he has managed to get escorted leave, allowing him out on to the streets, presumably of my constituency. It appears that he has had weekly leave between May and August, but the victim’s family were not notified. This is particularly worrying, because the victim’s mother still lives in my constituency. I am sure the Minister did not mean it, but I was misled on this point. He wrote to me on 13 June:
“In March of this year a request for permission for unescorted community leave was made by the Responsible Clinician. On behalf of the Secretary of State, officials in the Mental Health Casework Section refused permission for this leave on the grounds that Mr Anabah was not sufficiently engaged in his treatment plan and lacked insight into his illness, and that he posed a risk of abscond as a result of his immigration status and liability for deportation.”
We thought, therefore, that he was going to stay where he was. Instead, we learned that although he had not been out on unescorted leave, he had been out on escorted leave. That is wrong, and it is wrong that the family did not know it was happening.
Why should leave ever be appropriate in such a case? Surely hospital leave is intended to help patients shortly to be released. Why would a patient who has killed someone fewer than five years before be eligible for release, and how could a restricted foreign national patient with a recommendation for deportation also be eligible for release, or even be considered for release? The family do not understand that, and neither do my constituents.
Although Mr Anabah’s leave was suspended following my complaint, the Ilumoka family feel that it cannot be right that a man who killed their sister only five years ago is already permitted to be out in the community. They feel that changes should be made to how the criminal justice system works to ensure that any mentally disordered offender who kills cannot be released within only a few years of their crime.
The problem might well be the interpretation of section 45A of the Mental Health Act, which allows a judge to impose a hybrid hospital order/prison sentence, the scope of which was extended in 2008 to include all those with a mental disorder. It seems to me that this option should always be considered whenever the prosecution accepts a plea of guilty to manslaughter owing to diminished responsibility. Having read the judgment in this case, I am concerned that the judge might not have turned his mind to that section. Such an order would at least give a family some certainty that the person who killed their relative will not released in the near future if they make a speedy recovery from mental illness.
I have looked at the guidance for prosecutors of diminished responsibility manslaughter cases, and it seems that it is not as clear as it could be. The Minister knows it is the responsibility of prosecutors to give advice, if asked, to the judge about their sentencing powers. One would hope, therefore, that section 45A would have a prominent place in the guidance, but it does not. The guidance does not mention the possibility of a mixed order. Indeed, it refers to an earlier case when such an order was not an option. This must be changed. I recommend that reference be made to a more recent case, such as the Court of Appeal’s decision in the Cooper case in 2010. I simply suggest that we change the guidance to prosecutors.
However, it goes further than that, because judges also rely on guidelines from the Sentencing Council. Again, there are no sentencing guidelines specifically about this issue. No such cases are included in the Sentencing Council’s case compendium, which sets out sentencing options for manslaughter by reason of diminished responsibility with reference to older cases, but not the latest cases. Therefore, the option of the mixed sentence is not foremost in judges’ minds when making decisions. I accept that additional guidelines from the Ministry of Justice would be available, but they are not in the main guide that a judge would have when sentencing an individual.
I have met the hon. Lady’s constituents, Yemi and her siblings, through my all-party group on victims and witnesses of crime when I published my recent report. Their case is distressing—indeed, it is absolutely harrowing—but it is worth putting it on record that it also shows the challenge we face in supporting victims in such cases. The system needs to support them when they go through such trauma and also give them clarity and certainty about sentencing and how the judgment is reached.
I thank the hon. Lady for her intervention. I know that the family greatly appreciate the support she has given them and other victims through her all-party group. While we are putting matters on the record, it is only right to say that 90% of homicides are not perpetrated by people with mental illness. Indeed, the number of homicides perpetrated by people with mental illness is going down, as are all homicides. However, for the tiny minority of cases where the perpetrator is suffering from a mental illness, we need to ensure that the sentencing guidelines and the law are tight and clear, so that families such as the Ilumoka family do not face, frankly, the injustice and uncertainty that they are currently facing.
I would like to touch briefly on the broader issues raised by this case. It is clear that if Mr Anabah had not been mentally ill, he would have been given a life sentence for killing Abiodun Ilumoka and her unborn child, and when he reached the end of his sentence he would have been detained pending deportation, alongside other foreign nationals who had committed crimes. The disparity between a life sentence and deportation and escorted leave four years after sentencing is huge. I understand that other people who have killed while mentally ill have been freed in even shorter times. I can see why victims would feel that to be fundamentally unjust. The lack of information provided to victims about applications for hospital leave, coupled with the lack of opportunity for relatives to have an input into applications for release when cases come before the Mental Health Tribunal, must cause us all concern.
I appreciate that this is my personal view, but having had experience of such cases, I believe that judges should impose a minimum detention time in all cases where there is a homicide conviction. It appears that the power to impose a prison/hospital order already exists, but it needs to be more prominent, so that mentally ill offenders can have access to treatment and bereaved relatives can be provided with some certainty. Judges and prosecutors should be considering the victim when looking at sentencing. I hope that the Minister has taken on board the points I have raised today and that the family will see the changes they are campaigning for.
(10 years, 10 months ago)
Commons ChamberI welcome my hon. Friend the Minister to his new position and I look forward to working with him in the future on some key issues.
Government amendment 4 would replace the amendments to the Bill that I tabled and that were passed in Committee. I am grateful for Opposition support for the amendments and for the support of my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) and the Under-Secretary of State for Justice, my hon. Friend the Member for North West Cambridgeshire (Mr Vara). It is important to set out in context the reasons why I pressed those amendments to a vote in Committee and the background to the issue.
When we came to discuss the issue of antisocial behaviour and the new injunctions, it was clear that this was a perfect opportunity to talk about the vitally important issue of bullying. It is a key issue for many children and their parents. The statistics speak for themselves. Research now shows that one in three children have experienced bullying, with some suggesting that 70% of young people have at some point experienced some form of bullying. One million kids are being bullied every week, both in and out of school. It is one of the greatest concerns for children as they grow up and their parents. Beat Bullying research found that 44% of suicides among ten to 14-year-olds were explicitly linked to bullying, and at least 20 children every year commit suicide because they are being bullied.
I wish to pay tribute to the work of my hon. Friend the Member for Witham (Priti Patel) who, like me, has met the family of Ayden Olson, who unfortunately committed suicide as a consequence of bullying. Politicians need to take notice of such stories and try to make a difference to them.
I felt that the new injunctions were a really good opportunity to bring bullying back to the forefront of public debate, not least because in the past people have been concerned about criminalising bullies. Under previous legislation, bullying could lead to some sort of criminal sanction. The change to injunctions requiring instead a civil punishment meant this was the perfect opportunity to require them to include a positive requirement as well as the punishment of the injunction.
I am grateful to my hon. Friend for mentioning my constituent, who was involved in a horrific bullying case that led to his suicide. Does she agree that the Bill is a good opportunity to find a way in which to protect vulnerable children and to punish bullies in the right way, as in the case of my constituent that she has highlighted?
My hon. Friend makes a very good point, and that is exactly why it is important to add to the Bill the requirements to deal with bullying. We can deal with the bullies as well as the victims, because bullies are often victims of wider bullying, perhaps at home. The positive requirements would enable all sorts of agencies to intervene at an early stage and protect not just the victims, but the bullies themselves.
Bullying is not just face to face any more. Cyber-bullying is a massive problem, and it is certainly something that Ayden experienced. We are seeing increasing numbers of cyber-bullied victims. Some 63% say that the bullying started offline and then continued online. Bullying is not the same as it was when I was at school, when it was people being mean to each other in the playground. It is now persistent bullying on and offline. That is why I am pleased that the Government accepted the need to put bullying back into the guidance on the injunctions. It was originally in the guidance on the 1999 Act that introduced ASBOs. The subsequent review of ASBOs in 2002 also included persistent bullying, but the 2006 guidance—which until recently was the current Home Office guidance—did not mention bullying. I was grateful therefore for the commitment in Committee, from the former Minister, that bullying would be included in the guidance. Having seen an early draft of that, I am content with the guidance that will be issued.
If we are including bullying within the guidance of the injunction, it is logical to give those who primarily have responsibility for dealing with bullying—mainly schools, which unfortunately retain most of the responsibility—the tools to deal with it. That is why in Committee I pressed for head teachers and principals to be given the opportunity to apply for the injunctions. That would have been a permissive power that I thought would be a logical step. Unfortunately, that view is not shared by the teaching unions, all of which I have subsequently consulted, so I am reluctantly resigned to the removal of heads and further education principals from the Bill and I accept Government amendment 4.
I hope that bullying is not taken off the agenda. I hope that it is recognised as an extremely important issue for both children and parents, and that we recognise that further steps need to be taken to protect our children. We must ensure that perpetrators of bullying are dealt with in a way that helps them in their family and in society, and that they can have the positive requirements that the injunctions will give, despite the teachers and principals not applying for them. I am pleased that the Government continue to recognise the importance of bullying by keeping it in the guidance on the injunction, but I am sad that the teachers did not feel that they wanted the power to apply for it.
(11 years, 1 month ago)
Commons ChamberWe think that a combination of approaches will work best. We think that the probation service has particular skills in dealing with the most dangerous and high-risk offenders, so we want to give it the opportunity to concentrate on those offenders. We also think that there is a huge range of innovation and good ideas among bodies of all sorts, in the voluntary sector as well as in the private sector, and we want to bring those ideas to bear on what has been an extremely intractable problem—driving down reoffending rates.
Despite record spending on prison and probation services, reoffending rates are still far too high. Will the Minister give an assurance that the new probation reforms will seek to address that issue, while also delivering value for money for the taxpayer?
I can give my hon. Friend that assurance. She is right to say that reoffending rates are far too high; 50% of those released from custody reoffend within 12 months. That is unacceptable, and people within the probation service know that. We need to bring those rates down, and the best way to do so is to unlock the innovation I spoke about a moment ago and to have a system where, if people succeed in driving down reoffending rates, they receive the maximum reward and if they do not, they will not.