Victims and Prisoners Bill

Debate between Rachael Maskell and Edward Argar

Report stage
Monday 4th December 2023 Commons Chamber

[Edward Argar]

I am grateful to my hon. Friend for his engagement on this issue. Thanks to his intervention and those of campaigners, and his tireless work to ensure that victims are given the right opportunities to participate in restorative justice, I am pleased today, at the Dispatch Box, to commit to the following changes. I will ensure that our new commissioning guidance for police and crime commissioners due to be published next year will include specific information on restorative justice services so that those responsible for funding services understand these services when considering how best to address local need. I will also consult on a new entitlement in the victims code for victims to be given information about restorative justice services at the point of sentence, rather than the point of reporting, which I appreciate may not be the right time for consideration by either the victims or offenders. I hope that those additional measures will improve awareness and provision of restorative justice, which I recognise can be extremely valuable for victims and offenders in appropriate cases. I am grateful to my hon. Friend for his work in driving forward this change.

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

On the issue of pre-trial therapy, will the Minister be taking on board the recommendations from the Bluestar Project, which has been working to ensure that the victims code is up to date and that pre-trial therapy is readily accessible to all survivors of child sexual abuse?

[Edward Argar]

In respect of pre-trial therapy, and in addition to what I said, we will be bringing forward a revised victims code and consulting on the detail of it. I am happy to look into the specifics of what she proposes, but I do not want to pre-judge that consultation. I appreciate that on some occasions people may think that the consultations are pre-determined, but I want this to be genuine engagement and consultation. I am happy to read anything that she wants to send me, as always.

I also put on record my thanks to the hon. Member for Richmond Park (Sarah Olney) for raising the important issue of court transcripts. I recognise the cost challenge posed by transcription of every aspect of a case, and the full details of the case and all its proceedings. What I am happy to announce today is that, from next spring, we will run a one-year trial pilot that will enable victims of rape and other serious sexual offences to request Crown court sentencing remarks, which contain a summary of the case and the points that have been made, free of charge. We believe that this approach strikes the right balance between supporting victims of these horrific crimes and providing something that is affordable and achievable, and I am grateful to the hon. Lady for her work on this issue.

I thank the hon. Member for Westmorland and Lonsdale (Tim Farron) for his amendments and for raising the issue of criminal conduct relating to sewage and wastewater. Like every Member of the House, I have every sympathy with those who are affected by these offences, and I have made it clear that individuals who have been harmed or impacted by these offences can access support services where the issue for which they are seeking support fits their eligibility. I will say no more than that at the moment, because I want to hear what he says when he speaks to his amendments. I will seek to address them in more detail in my winding-up speech, if that is acceptable to him, because I want to hear what he has to say.

I turn now to part 2 of the Bill, “Victims of Major Incidents,” on which the Government will table a number of amendments relating to the Independent Public Advocate. Before turning to those amendments, I wish to put on the record my thanks for the time and dedication of Bishop James Jones, my right hon. Friend the Member for Maidenhead (Mrs May), the right hon. Lord Wills and, of course, the right hon. Member for Garston and Halewood (Maria Eagle), who is in her place and who has been phenomenally pragmatic throughout the process. While pushing for what she believes to be the right outcome, she has engaged constructively and pragmatically to try to make improvements, and I am very grateful for the way she has done that. In what I am about to say, she will see some of the fruits of what she has done in that space.

We have engaged with victims directly, we have heard from them about what they most need after a major incident, and we have sought to listen. First, we will establish a permanent Independent Public Advocate for victims of major incidents, who is referred to in the Bill as the standing advocate. This standing advocate will advise the Secretary of State on the interests of victims of major incidents and their treatment by public authorities in response to those major incidents. A major incident will still be declared by the Secretary of State, and I appreciate that some have called for the IPA to be self-deploying. However, we do not believe that would necessarily be the most appropriate or sustainable approach. The Secretary of State is accountable to Parliament, is responsible for spending public money, and can be challenged on their decisions in the courts.

Secondly, our amendments will allow the standing advocate to advise relevant Secretaries of State on the appropriate Government review mechanisms following a major incident. These could include a statutory inquiry or a non-statutory panel model, such as the Hillsborough independent model. Such advice can also cover the scope of any review, and the advocate will make representations for the questions to which victims want answers. Crucially, this advice will be informed by the views and needs of victims themselves, and it will place their voice at the heart of the process.

Continuing with the IPA, Government amendments 76 to 82 will introduce significant changes to the advocate’s reporting function and abilities. They will place a duty on the standing advocate to report annually, and confer a discretion on an advocate to report on their own initiative, once appointed, in respect of a major incident. The amendments also make provision for the publication and laying of reports before Parliament.

The amendments will also clarify the grounds on which the Secretary of State can omit material from reports. I am aware that the ability of the Secretary of State to omit material from a report was a cause of concern for some, and I particularly appreciate this given the context of the IPA’s establishment. For the avoidance of doubt, we have carefully considered the feedback and have brought forward measures to be more explicit about when a Secretary of State may omit material, and to be more specific than something simply being in the “public interest”. We have used the Inquiries Act 2005 as our touchstone. The ability to omit material in certain circumstances is vital to ensure that sensitive materials, such as those relating to national security, are protected.

Amendment 64 will ensure that a lead advocate is appointed if more than one advocate is appointed for the same major incident, and I have reflected on the very helpful and constructive feedback from Lord Wills about the importance of having a clear structure in the Bill. Amendments 84 to 86 allow for the disclosure of information by an advocate, where appropriate, to any person exercising functions of a public nature, or by a person exercising functions of a public nature to an advocate, subject to the Data Protection Act 2018. This two-way flow of information is crucial to ensuring that advocates are able to support victims properly.

I want to make it clear that that does not provide the advocates with any data-compelling powers. We expect strong co-operation between public authorities and the advocates, and an advocate can report to the Secretary of State if they believe there has been a lack of co-operation. I appreciate that the right hon. Member for Garston and Halewood may try to nudge me to go a little further, but I note that the Hillsborough independent panel, which was rightly credited with securing disclosure of information that showed that fans were not responsible for the disaster, likewise did not have those data-compelling powers.

The final change that the amendments make is to remove the current restriction in the Bill whereby the advocate could share personal data only with the consent of the data subject. By removing that, the advocate now has greater freedom and can rely on a wider range of legal bases to process personal data, as outlined in data protection legislation.

I want to acknowledge the important issue raised by the Manchester Arena families and the hon. Member for—[Hon. Members: “South Shields.”] I should have known that, because we have met on a number of occasions, although we may have called each other by our first names on those occasions. I am grateful to the hon. Member for South Shields (Mrs Lewell-Buck) and those families for their tireless campaigning. In respect of having a role for the bereaved in the registration of their loved one’s death following an inquest, I will say a little more on this in my closing remarks, once the hon. Lady has had an opportunity to speak to her amendment in the course of this debate, but I want to reassure the House that I am sympathetic and understand what sits behind what the hon. Lady is campaigning for and seeking to do.

I turn to the final part of the Bill, part 3. The measures in respect of parole reforms are designed to protect the public and maintain confidence in the parole system by enabling the Secretary of State to intervene in the release of the most serious offenders. The first duty of any Government is to protect the public, and although the Parole Board has a very good record of assessing risk, this power will give the public additional confidence that when it comes to the release of those who have committed the gravest of crimes, there is an extra safeguard to ensure that prisoners are released only when it is safe to do so and that dangerous offenders remain behind bars.

During the passage of the Bill, I have heard support for that important principle, but I have also heard concerns from parliamentary colleagues and other stakeholders about how the proposed reform will be implemented, and from victims’ representatives about the potential for unnecessary delay in the process. I have therefore tabled amendments that will streamline the process to ensure that cases are dealt with as quickly and efficiently as possible, while still guaranteeing that the Secretary of State retains a power to intervene on behalf of the public whenever necessary to do so.

The amendments mean that instead of Ministers being required to carry out the full assessment as to whether a prisoner meets the release test, which will be an onerous process requiring a full review of hundreds of pages of evidence, only for a prisoner to almost certainly challenge that decision in court, Ministers will now be able to send a case directly to a superior court for a judicial decision. In most cases, it will be the upper tribunal. We are also making it clear that the Secretary of State will refer cases that particularly affect public confidence, and where they believe that the court may reach different decisions from those of the board. The amendments will make the exercising of the power quicker and more cost-effective, removing the need to create a shadow Parole Board within the Ministry of Justice and providing swifter certainty for victims and the public.

We are also proposing two further minor changes to the measures. Clause 36 enables the Parole Board to refer cases to the Secretary of State for a decision where it is unable to reach a decision itself. We have listened carefully to suggestions that this provision may not be required, as it is not easy to envisage the circumstances in which it might apply. We have listened and will remove the clause from the Bill. Secondly, there are a small number of parole cases—usually those where the index offence is terrorism—that involve the consideration of sensitive material relating to national security or closed material. It is usual for legal matters involving closed materials to be heard in the High Court, so we are amending the Bill to enable the Secretary of State to refer any such specific parole cases, which we would expect to be few in number, to that court rather than the upper tribunal. I hope that the changes will be well received and demonstrate our commitment to ensuring swifter outcomes for victims.

Oral Answers to Questions

Debate between Rachael Maskell and Edward Argar

Tuesday 21st November 2023 Commons Chamber

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

11. What assessment he has made of the adequacy of the conditions in the prison estate for the rehabilitation of offenders.

[The Minister of State, Ministry of Justice (Edward Argar)]

By the end of the spending review period, we will have invested nearly £4 billion to deliver an additional 20,000 modern prison places and ensure that the right conditions are in place to rehabilitate prisoners, cut crime and protect the public. The key to effective rehabilitation is the provision of education and skills training, to increase a prisoner’s employability and ensure that they can access employment upon release, alongside providing support for substance misuse, treatment and so on. We are also investing to improve rehabilitative spaces in prison, having delivered our employment hubs, where prisoners can access job vacancies. We will renovate prison workshops through our HMP academies programme.

[Rachael Maskell]

No glass, just bars at the window; mice and rats; faeces in the gravy; and sewage overflows regularly in his cell. This is not the start of a Victorian novel, but the disgrace experienced by my young constituent, who was locked in his shared cell for 23 and a half hours a day, having never received the vital specialist mental health support that he needed. When can we expect such draconian conditions at HMP Hull to end? What appropriate steps will the Minister take to ensure that people in prison experience rehabilitation, not the conditions that my constituent faced?

Health and Care Bill

Debate between Rachael Maskell and Edward Argar

Consideration of Lords amendments
Wednesday 30th March 2022 Commons Chamber

[Edward Argar]

I hope the hon. Lady will forgive me, because I will finish discussing the workforce amendments before I turn to the so-called genocide amendments and the organ sales amendments. I will come to her point, but I hope she will allow me to do it in that way; I have heard what she has said.

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

Will the Minister give way?

[Edward Argar]

I will make a little progress, then I will give way to the hon. Lady, as I tend to do. She is a regular participant in health debates.

We are already committed to improving workforce planning. In July 2021, as I said, we commissioned that important work with partners to review long-term strategic trends. It is also important to note in that context that my right hon. Friend the Secretary of State announced that we are merging NHS England and Health Education England, which is a hugely important move that brings together the workforce planning and the provision of places and of new members of the workforce with the funding available for that and the understanding of what is needed in the workforce. It brings supply and demand considerations together.

[Edward Argar]

I will make a little more progress, then I will give way to the hon. Member for York Central (Rachael Maskell) and then, if I have time, I will give way to her. I want to address the points of the hon. Member for Lewisham East (Janet Daby) in good time and I am conscious that the votes took up a chunk of the time allowed for this group of amendments.

We are also committed to increasing transparency and accountability. The unamended clause already increases transparency and accountability on the roles of the various actors within the NHS workforce planning system.

[Rachael Maskell]

When looking at workforce planning, it is really important not only that the Government depend on NHS professionals trained overseas, but that they look at commissioning more training places here. In particular, I would point to the dentistry profession, as the Government are currently waiting for 700 dentists to pass their exams. It really does highlight the shortage of training for our own dentists when one in three dentists practising has trained overseas. Will the Government look at the commissioning of more training places so that we can grow our own workforce?

[Edward Argar]

The hon. Lady will be pleased to know, or will I hope be reassured to a degree to know, that underpinning our strategy to grow the workforce—for example, the nursing workforce or other specialisms—is the fact that we have multiple strands to the strategy. Those coming from overseas who wish to work in the NHS are always going to be an important and valued part of our NHS workforce, but of course we are also committed to growing the number, for want of a better way of putting it, that we grow at home through training places and medical schools. Crucially, however, a key element here is retention of our existing staff, so that we are not simply recruiting and training lots more staff to replace those who are leaving. All of those factors are important.

Elective Care Recovery in England

Debate between Rachael Maskell and Edward Argar

Monday 7th February 2022 Commons Chamber

[Edward Argar]

I can give my hon. Friend that reassurance. The clinical decision making will rightly inform the approach we adopt to the diagnosis and treatment of cancers, as my hon. Friend would expect, but he is absolutely right that we cannot neglect blood cancer in that context, and nor will we.

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

The elective recovery fund had perverse thresholds written into it, so those hospitals that really struggled and battled with the pandemic were the very ones that did not get any money. Will the Minister ensure a fair distribution of funding in his plan, so that hospitals such as my local one in York that are still battling with very high levels of covid get the resources they need?

[Edward Argar]

I am happy to reassure the hon. Lady that our approach, and that of NHS England and Improvement, is designed to ensure that all hospital trusts can make progress—hopefully rapid progress—in tackling their waiting lists and get the resources they need to do that.

Health and Care Bill

Debate between Rachael Maskell and Edward Argar

Report stage
Tuesday 23rd November 2021 Commons Chamber

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

Fifteen years is a long time in workforce planning. The make-up of the workforce could change significantly over that time, not least as we are trying to address some real workforce crises now. Will the Minister put in place a road map to fill those vacancies over that time, and interim reports so that we can review progress?

[Edward Argar]

I set out the commissioning of the 15-year framework to look at need. Within that, the House will be regularly updated, as happens now—not least in oral questions, as we saw in the session preceding this debate—with plenty of opportunities for Members to challenge the Government and to see updates. There is also the regular publication of figures and workforce statistics, which will continue. Once we have that 15-year framework back and see what HEE says, we will be able to look at how best that might be interrogated by Members of the House and the wider public. I am hopeful that it will report back in the spring, and I suspect that that may well occasion a debate in this House. If not, I suspect that it may well occasion an urgent question from the hon. Lady or the hon. Member for Ellesmere Port and Neston.

Let me turn to new clause 29, which also addresses the issue of workforce planning. This new clause would place a duty on the Secretary of State to report on workforce planning and safe staffing. I have just elaborated at some length on the substantial work that my Department is doing to improve workforce planning. It remains the responsibility of local clinical and other leaders to ensure safe staffing, supported by guidance and regulated by the Care Quality Commission. The ultimate outcome of good-quality care is influenced by a far greater range of issues than how many of each particular staff group are on any particular shift at any one time, even though that is clearly important, which is why the Government are committed to growing the health workforce. It is also important that local clinical leads can make decisions based on the circumstances in their own particular clinical setting, utilising their expertise and knowledge.

The amendment would also require the report to contain a review of lessons learnt. In the last decade, the Government have introduced significant measures to support the NHS to learn from things that go wrong, reduce patient harm and improve the response to harmed patients, such as: a regulated duty of candour that requires trusts to tell patients if their safety has been compromised and apologise; protections for whistleblowers when they raise safety concerns; the Healthcare Safety Investigation Branch, which we are building on and establishing as a separate statutory body through the Bill; and the first-ever NHS patient safety strategy, with substantial programmes planned and under way to create a safety and learning culture in the NHS.

I hope I have given the House some reassurance that we are doing substantive work to improve safe staffing and workforce planning. Again, I encourage the shadow Minister—perhaps it will be unsuccessful, but it is always worth trying—to consider withdrawing his amendment.

NHS England Funding: Announcement to Media

Debate between Rachael Maskell and Edward Argar

Monday 25th October 2021 Commons Chamber

[Edward Argar]

For a brief moment, I thought my hon. Friend was not going to mention the new hospital at Kettering. Yes, I am very happy to have that conversation with NHS England colleagues as I continue to discuss the new hospital in his constituency with them at regular intervals.

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

Workforce planning failures have brought us to this point, but many of the patients on the elective waiting lists will be showing up in primary care, and with greater acuity as they wait longer for their treatments. What additional support will the Minister give primary care to manage people on all these waiting lists?

[Edward Argar]

The hon. Lady is right to highlight that primary care and GP practices are often the front door for the vast majority of these people on the waiting lists, and I pay tribute to the hard work of GPs up and down the country over the past year and a half to two years. She will have seen the announcement a few weeks ago by my right hon. Friend the Secretary of State, in which he set out further support that would be made available to help GP practices.

Oral Answers to Questions

Debate between Rachael Maskell and Edward Argar

Tuesday 19th October 2021 Commons Chamber

[Edward Argar]

I have known my right hon. Friend for a long time and he is eternally youthful. As my right hon. Friend the Secretary of State set out, the record investment that we are putting into our NHS, particularly to address the elective procedure backlogs, goes hand in hand with innovation and reform.

To the specific point of my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), the NHS is utilising the independent and private sector to carry out procedures for NHS patients. As he would expect me to say, however, tax breaks or similar are matters for the Chancellor, not me.

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

The thresholds of the elective recovery fund have a perverse impact, so hospitals with the least capacity are more unlikely to have the money to build their capacity. What steps will the Minister take to ensure that my constituents in York have funding from the Government to help build that capacity and have the elective surgery they need?

[Edward Argar]

In respect of the elective recovery fund and the thresholds, the hon. Lady recognised that they are an additionality alongside the record extra investment that we are putting into our NHS. We are putting more resources in, alongside reform and innovation, to deliver that increased capacity. The elective recovery fund is also designed to stimulate activity and to reward additional costs over and above that activity. We believe it is the right approach to generate that increased activity.

Oral Answers to Questions

Debate between Rachael Maskell and Edward Argar

Tuesday 12th January 2021 Commons Chamber

[Edward Argar]

I reiterate, as I did earlier, my thanks to the hon. Lady and all her colleagues in the NHS for everything they are doing. I reassure her, as I do and as my right hon. Friend the Secretary of State does at every opportunity, just how valued and supported our NHS is. We have put in place just over 1,000 additional critical care bed capacity at this time—the right thing to do. In addition, in respect of supporting staff, we are investing about £15 million—just one example—for mental health hubs and mental health support for staff. I saw, from the hospital that she works in, or has worked in, in her constituency, a number of staff—it was on the BBC recently—setting out just how flat out they are. The best way we can thank them, alongside what we are doing—I make no apologies for reiterating it, Mr Speaker—is by all following the rules to stay at home to help to ease the pressure on those phenomenally hard-working and valued staff in our NHS hospitals.

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

If he will make a statement on his departmental responsibilities.

Covid-19 Restrictions: South Yorkshire

Debate between Rachael Maskell and Edward Argar

Wednesday 21st October 2020 Commons Chamber

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

I note the agreement reached in South Yorkshire, and I fear that York is rapidly heading in the same direction, with a sharp increase in infection. Does the Minister recognise that each local authority has different economies, different complexities and different vulnerabilities, and therefore it is really important to start dialogue early with local political leaders as well as ourselves to get the right deal to prevent an escalation in tiers, but also to ensure that we get on top of the Track and Trace system to make sure that that is done locally and is effective?

[Edward Argar]

I am grateful to the hon. Lady. I think she actually made the case very well for the approach that the Government are adopting, which is local tiering, rather than a blanket national approach, because she is absolutely right that different areas of the country are different and have different circumstances. To her substantive point about early engagement and continued engagement, I am very happy to say that I am very happy to work with her. We can start that off, if she wants, with a conversation about the data and so on. I am very happy to ensure that those channels of communication are open.