Parc Prison

Richard Foord Excerpts

Monday 13th May 2024 Commons Chamber

[Edward Argar]

I can offer the hon. Lady reassurance that the regime for time out of cell at Parc is one of the most effective in the prison system, with extensive periods out of cell being facilitated. She quite rightly talks about mental health; it is important in this context to remember, as she does, the mental health not only of those prisoners, but of the prison staff and prison officers who are impacted by a death in custody. We are working closely with the prison, and the prison is working closely with the health board, to ensure that that, among other things, is addressed.

[Richard Foord (Tiverton and Honiton) (LD)]

One inmate at HMP Parc is reported to have been moved there from HMP Exeter. Devon Live reported on a dangerous inmate who was moved to Parc after he threw boiling water in the face of an officer and attacked another prisoner with a tin opener without any warning or provocation. Does the Minister feel satisfied that officers and inmates will be safe from prisoners at HMP Parc?

[Edward Argar]

As I set out earlier, although I consider assault rates still to be too high, they are lower than they were in 2015-16 and similar years. It is clear that any assault on a member of staff is one too many. Sadly, assaults occur across the estate, and that is why we are backing our staff with body-worn cameras, and why they have PAVA, for example, which they can deploy when they are at imminent risk.

Oral Answers to Questions

Richard Foord Excerpts

Tuesday 26th March 2024 Commons Chamber

[Alex Chalk]

My right hon. and learned Friend is absolutely right to say that it is a sensitive issue. As he knows from practice, those who commit the offence of murder outside, using a knife that is brought to the scene, can expect a starting point of 25 years. However, as the Gould and Devey families have made so powerfully clear, where the crime takes place inside the home, there are very difficult sentencing decisions for judges. The consultation has ended, and I pay tribute to the Under-Secretary of State for Justice, my hon. Friend the Member for Orpington (Gareth Bacon), who has spoken to a number of people about it, as indeed have I. We will respond in the coming weeks, but this matter requires careful thought. I pay tribute to my right hon. and learned Friend for his work on it.

[Richard Foord (Tiverton and Honiton) (LD)]

Barnaby Webber from Taunton was described by his family as an “extraordinary ordinary person”. His killer was found guilty of manslaughter, rather than murder, on the basis of being subject to paranoid schizophrenia. Barnaby’s mother, Emma Webber, says it is “abhorrent” that murder charges were not pursued against her son’s killer. Will the Secretary of State consider re-categorising homicide laws to introduce first-degree and second-degree murder?

Social Media Access in Prisons

Richard Foord Excerpts

Monday 26th February 2024 Commons Chamber

[Paul Howell]

I could not agree more, and I will cover some of those points as I continue. The closest those inside are meant to come to electronic communication is the Email a Prisoner service, which allows those outside prison to send a prisoner an email; it is printed out and delivered on paper. Some prisons will allow photos to be attached, but that is all. I suspect that if prisoners were actually limited to that form of communication, prisons and the wider community would be better for it.

Nevertheless, as a Ministry of Justice report from 2018 recognised,

“Mobile phones in prisons are used for a range of purposes, both social and criminal, and would appear to have become a significant feature of prison life.”

Since that report, the Prison Service has undertaken the long-term project of installing landlines in cells in closed public-sector prisons. That began before the pandemic. The last installations are due to be completed shortly. These phones work the same way as the payphones on landings that were previously used by prisoners. The prisoner uses a PIN to access their account, and must purchase credit. The calls are restricted to cleared numbers and are outgoing only.

This innovation prevents the issues that often occurred with landing payphones, such as a lack of privacy and fights breaking out in the queue. As Julie Brett, deputy director of innovation and business change at His Majesty’s Prison and Probation Service, told Inside Time:

“Feedback from people in prison has consistently identified that in-cell PIN phones improve the quantity and quality of contact with their family and friends thanks to the opportunities they provide. These include being able to make calls at a time to suit everyone in a more private setting away from busy landings, and removing the need to queue to use a phone during brief unlock periods.”

That seems to me to be well in excess of what prisoners should have, but it also removes any argument about the need for them to have access to a mobile phone. I therefore believe that prisoners have no legitimate reason to possess a mobile phone, since a desire to contact their family is probably the only reason for a prisoner having a phone that most people could possibly sympathise with. Instead, prisoners look for mobile phones to continue their criminal activity, to harass victims and their families, or to remain in connection with the lifestyle that got them into prison in the first place. It must stop.

I draw attention to the work that my hon. Friend the Member for South Ribble (Katherine Fletcher) has done on phones in prison, particularly though her private Member’s Bill. It is already an offence to make video recordings in prison, but the Prison Media Bill seeks to close a loophole that allows third parties outside a prison to upload an illegal recording made inside a prison, or of prison workers on prison land. The Bill also specifies that the location of a recording device is not relevant, so recording a prison from a drone outside would still be an offence. The Bill will clarify existing legislation, which makes no specific provision for drones flying above prison land or recording images of the inside of an open prison. It is hoped that it will increase the security of prisons and those who work there; they would also be protected from unauthorised recordings. Moreover, the Bill would likely cause social media companies to remove images and videos that violate those conditions. Such a step would make all the difference to people like Zoey, who continues to be harassed by her son’s murderers and their families via social media and images taken in prison.

One can debate whether the primary purpose of prison sentences is to rehabilitate the prisoner with a view to reintegrating them in society, or to punish them for their crimes, but a denial of liberty, and therefore of social media, is necessary in both cases.

[Richard Foord (Tiverton and Honiton) (LD)]

I am grateful to the hon. Member for securing this Adjournment debate. It is awful to hear about the appalling experience of his constituent, a victim of knife crime. Her campaign on access to social media is brave. In 2013, the Government sought to take from prisoners the right to access and read books. The Howard League for Penal Reform fought against that in its successful 2014 campaign, which was all about education and rehabilitation. Does the hon. Member believe as I do that prisoners ought to have access to books?

[Paul Howell]

It is like anything else: it depends which books we are talking about. If it is books about how to develop a new gun, the answer is no, but if you are talking about—[Interruption.] My apologies, Madam Deputy Speaker. We could, however, be talking about educational books about the world prisoners want to go into. As with everything else in this place, the devil is in the detail of what we do.

A question in this case is: how can a person be rehabilitated if they still participate in the same social groups as before? They may do so virtually, but for many young people, their virtual activities are as real and meaningful as their physical ones. We would not allow prisoners serving time for murder to leave for the evening and have a drink with their friends, so why should we tolerate them having unmonitored video calls with the same people?

The purpose of prison—especially for serious crimes—ought to be punishment. It is no bad thing if prisoners are sat in their cells, sadly wondering what is going on with their old friends and feeling out of touch with the outside world. The denial of liberty and restricted access to the world outside prison is exactly the point of being locked up. The rules are clear: mobile phones are not allowed among prisoners. Jack’s killer should never have been able to make or post a video. I also question why the murderer should be dressed in a designer T-shirt, looking to all and sundry as though he is about to go on a night out.

In response to Zoey’s complaint, the Prison Service said that mobile phones are not tolerated, and that those who have them face extra time in prison. May I ask the Minister what is happening in this case, and what steps are being taken to prevent something like this from happening again? What repercussions have followed for this individual? We must demonstrate that actions have consequences; otherwise, we give the impression that the justice system thinks it is acceptable to show off contraband such as mobile phones in prison, and to use it to harass a victim’s family.

Steps such as airport-style security are taken to prevent contraband, but whatever the current approach is, it needs more energy, because this is not an isolated case of a prisoner possessing a phone. I acknowledge that we are taking steps in the right direction. Legislation was passed last October to crack down on the use of drones in prison. Previously, bizarrely, police could act on drone sightings near prisons only if there was evidence that drones were being used to smuggle contraband. Why else would a person fly a drone above a prison? To admire the architecture? I think not.

Since last month, it has become an offence to fly a drone within 400 metres of closed prisons and young offenders’ institutes in England and Wales. A fine of £2,500 could be issued for flying a drone, but, importantly, for those who deliver the goods, the punishment could be up to 10 years in prison. We have seen intercepted drone deliveries carrying more than £35,000 of banned goods, but some of that was before the law changed. I am delighted to see that change in law.

On contraband in prison, it seems to me that mobile phones should be the easiest to find and remove from the prison estate. The technology to find them exists, and it would make a significant difference in the behaviour of prisoners if used widely. For example, the company Unify offers a “detect” service that provides constant mobile detection and sends real-time alerts when it picks up unauthorised use of mobile phones. Using Bluetooth and wi-fi signals, it can locate the precise location of the phone, down to the cell. Can the Minister tell me how widely such technology is used in prisons to combat the use of mobile phones? Would his Department consider expanding its use?

With phones come social media. I do not need to tell hon. Members about the harm that social media can cause, even among users who have not been convicted of murder. In a place like prison, social media can be even more influential, as it is one of the few forms of contact used to get to the outside world. We know that it amplifies the peer pressure that young people already face, and it has been linked to poor mental health in teenagers.

Technology and social media can also be used positively to address issues such as knife crime. We have seen many examples of social media pressure being a key part of driving young people to action that results in them being in prison. Some exciting technology is being worked on—particularly in virtual reality—which could help. The EdTech company Round Midnight has done pioneering work, using art and technology, to engage young people in discussions on many sensitive topics. It offers a range of virtual reality workshops, and creates curriculums designed to transform students’ learning experience while tackling important social issues.

The company’s youth engagement programmes promote mental wellbeing and social responsibility, and address critical issues such as knife crime. I have seen an example of its work, in which it uses people who have been involved in knife crime as actors, and the person having the virtual experience is left to make decisions at various stages, based on questions they are asked. It is interactive, and something that they can learn from; they can see the consequences without being in a real world scenario.

The pressure that social media can put on people absorbed in that world is intense. The company I mentioned is the leading provider of virtual reality workshops. It creates bespoke programmes and trains teachers in schools across the country. Most importantly, its approach works, because it focuses on areas that the target audience cares about. The recent North East Knife Crime Taskforce event, led by The Northern Echo, allowed participants to use a virtual reality headset to explore the potential consequences of carrying a knife. The video was created with funding from the Home Office and West Midlands police, based on a similar tool that focused on gangs. They believe that it can be an important preventive tool for people who are not involved in crime but could be pressured into it or tempted by it.

The headset demonstrates how social media is used to pressure people to commit crime. I am interested in whether it can be developed as a tool for people who are in prison to understand how they got there, and how the outcome could have been different for them and their family. The virtual reality video is followed by a creative workshop that encourages participants to explore the issues in more depth. Young people can reflect on their journey through the video, and compare their experience with that of other participants. The session is not a lecture about the dangers of carrying a knife but a user-led experience.

When I was working on left-behind neighbourhoods, we talked initially about trying to help communities, then about helping them to help themselves, and finally about enabling them to help themselves without us being there in any way, shape or from. The same applies here: we are trying to create a situation in which the people who are engaging in the process feel that it is their space and they can learn from it.

Innovative approaches involving virtual reality could be used to prepare inmates for reintegration in society, with a view to reducing reoffending. There are examples around the world: in the United States, Colorado has implemented a three-year juveniles and young adults convicted as adults programme, for those who committed serious offences at a young age. Since those people often entered prison before they developed life skills such as shopping for food, the virtual reality programme allows them to practise tasks in a safe and controlled environment. Knife crime is a much bigger issue, but the principle is the same. Other states use virtual reality to help offenders develop empathy for their victims or to reduce aggressive behaviour. A pilot programme in Alaska used virtual reality to incorporate mindfulness practices; the pilot resulted in a decrease in disciplinary write-ups and fewer reports of depression and anxiety. Those processes can move people to a better place.

We know that employment can be a problem. In Michigan, there is a virtual reality programme that helps people practise for a job interview. There are many examples of people running prisons and similar services using the tool to get people to a better place. The hon. Member for Tiverton and Honiton (Richard Foord) mentioned the opportunity for books; I want people to get to a better place by the time they are released, but if they are not, they must understand that there are consequences of what they have done.

The professor who led the study I just referred to commented:

“Above just the employment rate, those that interviewed with Molly”—

the virtual hiring manager—

“had stronger interview skills…greater reductions in interview anxiety”.

I am absolutely sure that such organisations can develop programmes that will deliver much better outcomes for repeat offenders and an appreciation of the impact of social media on others. Social media can be such a positive or negative experience, depending on how people engage with it, and such tools can get us to that place.

Music videos on social media can also influence people in a way that is difficult to imagine for those of us who did not grow up with social media. Many videos glamorise a life of crime, treating serious offences as proof of strength and encouraging others to follow suit. It is the lyrics of these songs that are the problem, not the music style itself. A number of organisations have used the same type of music, such as rap and hip-hop, as a way to access young people and give them a positive message. For example, Scotland’s largest prison, Barlinnie, has begun offering a programme that gives inmates an opportunity to change their lives through hip-hop music. The label Conviction Records supports ex-offenders by running a programme that culminates in a performance of their pieces. The workshops allow prisoners to express themselves and envisage a better life outside, at the end of their sentence. One participant said that it had given him such a sense of purpose it motivated him to avoid reoffending. That is what we want for people coming out—we do not want them to reoffend. The programme was funded by Creative Scotland. Does the Minister know of any similar plans for prisons in England and Wales, and, if not, whether we could look at similar initiatives?

Speaking with Zoey recently, she was quick to emphasise the benefits of social media, along with the horrendous damage it can do. She spoke about how last week would have been Jack’s 21st birthday. In honour of him—how brave is this?—she posted a video of their final moments together, when it was clear he was about to pass away. She said it has since been viewed nearly 2 million times and the feedback has been almost universally positive. In particular, a man contacted her to say that he used to be in a gang and had lost his best friend to knife crime. He now educates young people about the dangers of that life to help them to make better decisions. It is about getting the tools that have been used against people turned around and moving in the right direction. If rap is the thing that people engage with, then fine—but let us find rap people who are positive to this agenda. Zoey has found people like that, and I really do applaud them.

The problem we have is that the work of people involved in The Northern Echo’s North East Knife Crime Taskforce can so easily be undermined by posts such as the one by Jack’s killer, which give the impression that knife crime is not serious and prison is not a punishment. That is just so wrong. We cannot force a person to feel remorse for what they have done—that man clearly does not—but we can take steps to prevent them from influencing others to do the same. To do that effectively, crimes involving social media have to be taken more seriously. Zoey is still trying to get the police to deal with her son’s murderers and their families, who have been posting confidential documents about Jack on TikTok and Facebook which they obtained during the trial. She has found the process to be tortuously slow.

I would like the Minister to affirm that prison needs to be a deterrent and needs to be seen to be so. We need consequences of actions to be publicised, not hidden. We need education for those in prison on how they could react differently given their time again. We need victims like Zoey, Theresa, Samantha, Tanya, and the far too many others impacted, to have the protection of the system to prevent further distress from those convicted, and the belief that the lessons from each of their experiences are being applied far and wide to reduce occurrences of these shattering crimes.

I would like to understand what is being done to frustrate access to tools that enable social media access. What is being done to stop victims like Zoey suffering further? I would like to see that we can use tools to educate and inform those who have made mistakes, but we must also ensure that those who do not recognise their errors are not given platforms to promote their actions.

Strategic Litigation Against Public Participation Bill

Richard Foord Excerpts

2nd reading
Friday 23rd February 2024 Commons Chamber

[Wayne David (Caerphilly) (Lab)]

I beg to move, That the Bill be now read the Second time.

I have been a Member of Parliament for nearly 23 years. [Hon. Members: “No!] I know it is difficult to believe for some, but it is true. This is the first occasion on which my name has been drawn in the private Member’s Bill ballot; I am pleased to say my name was drawn fourth. I thought long and hard about the most appropriate and best piece of draft legislation to bring forward. I decided on this Bill, because I genuinely think it is incredibly important, and I will set out to the House why that is.

The Bill tackles strategic litigation against public participation cases, widely known as SLAPPs, in all their forms. Last year, I and the Labour Opposition welcomed the measures enacted in the Economic Crime and Corporate Transparency Act 2023 that ensured that SLAPPs relating to economic crime can be tackled. I am pleased to bring forward a Bill to expand on that. Reform to protect freedom of speech and the public interest is something that all parties in Parliament hold dear. In all debates in this House and the other place there has been a broad consensus about the need for reform to tackle the pernicious effect of SLAPPs. However, in both Houses it has been clear that the Economic Crime and Corporate Transparency Act does not go far enough.

SLAPPs have taken and do take many forms. It is vital to bring forward legislation that genuinely tackles the issue in a holistic and rounded sense. There are many examples of SLAPPs. I will refer to a few high-profile cases that have reached court and received some publicity, and to others that have not received that much publicity.

I begin with a case that I am sure hon. Members will be aware of, because it has attracted a great deal of attention. In 2022, a defamation case was reportedly brought against the journalist Tom Burgis, the Financial Times and publishers HarperCollins by a Kazakh mining company. The case concerned a book by Burgis entitled “Kleptopia: How Dirty Money is Conquering the World”.

A defamation case was brought by Roman Abramovich against journalist Catherine Belton and HarperCollins regarding her book “Putin’s People”. It is an excellent book and well worth reading. There was a legal assault on the book through a number of lawsuits in quick succession, justifiably provoking a group of campaigners for free expression to state that London’s courts were becoming the venue of choice for legal action designed to “quash critical journalism”. Catherine Belton, the author of “Putin’s People”, has called for the introduction of reforms to tackle this global industry, based here in London. Hopefully, the Bill will begin to address this significant problem seriously.

Then there is the case of Amersi v. Leslie. A British business owner, Mohamed Amersi, brought a defamation case against Charlotte Leslie, a former Conservative MP and managing director of the Conservative Middle East Council. I am familiar with the case, because I am the shadow Minister for the middle east and north Africa. The case concerned a memo on Amersi’s background and dealings with Russia. It was put together in response to his attempt to become the chair of CMEC. The claim by Amersi was struck out, because he had failed to show how the memo caused serious harm to his reputation.

It is not only high-profile cases that involve SLAPPs. There is the case of Nina Cresswell who named a person who violently sexually assaulted her after her original report was dismissed by the police. She commendably wanted to alert other women who may become victims of sexual assault. The man who was named sued her for defamation. Ms Cresswell won a landmark judgment last year, but the very fact that she had to fight the case at all demonstrates the huge gaps that SLAPP claimants are only too ready to exploit, and we need to address that fact.

I have also heard stories of patients who have left negative reviews for botched plastic surgeries being issued with SLAPP claims by the surgeons. I have heard of tenants who have spoken out about their uninhabitable housing being issued with SLAPP claims by their landlords. That is wrong and it must be stopped.

I have given a few examples of relatively high-profile cases, and also of some that are not so well known. There are many cases that do not attract any attention in court and there are many more that we do not know about because individuals are intimidated before legal proceedings actually commence. The data that the Government have is only the tip of the iceberg. As I have suggested, SLAPPs are extremely pernicious before any action reaches court. Pre-action letters and legal pressure are applied well before proceedings are initiated. This often results in the search or the investigation being withdrawn before publication, or, in some cases, in a whole variety of different areas, the effectiveness of threats and intimidation are such that the cases never see the light of day. Accordingly, that will never be reflected in available data.

Then we come to the press in this country. Let us remember that, as a country that champions freedoms both here and abroad, we must ensure that our free press, which is a real pillar of our democracy, never feels so vulnerable that it self-censors on vital matters in the public interest. No one in the United Kingdom is above the law. Furthermore, no one should be above proper scrutiny on a matter of public interest.

As to the data we have, the provision of figures from the Coalition Against SLAPPs in Europe are deeply concerning in themselves. It estimates that there were 29 SLAPPs in England and Wales in 2022. That is up from 25 in 2021 and 11 in 2020. CASE’s August 2023 report recorded that the total figure in Europe over the past decade was 793.

[Richard Foord (Tiverton and Honiton) (LD)]

The hon. Member mentions the Coalition Against SLAPPs in Europe. I wonder whether he agrees with the Anti- SLAPP Coalition that the proposed Bill, as drafted, would introduce a subjective test, requiring a court to infer the state of mind and purpose of the filer. Does he agree with me that that would create complexity, costs and delay, which would potentially make the Bill ineffective?

[Wayne David]

It is an issue that has to be considered carefully, and, indeed, it has been given a great deal of consideration and much debate.

--- Later in debate ---

[Andy Slaughter (Hammersmith) (Lab)]

It is a pleasure to take part in the debate, particularly with you in the Chair, Mr Speaker. This is essentially a debate about free speech, which I know is of great concern to you not only in this Chamber but outside it. It is also of particular concern to my hon. Friend the Member for Caerphilly (Wayne David), and I congratulate him on bringing the Bill forward. He is quite busy with his other hat on, as the shadow Minister for the Middle East, so it is good that he has time to be here on a Friday to promote his Bill. I hope he has the Government’s support.

I would say that this became a live issue for the House when the right hon. Member for Haltemprice and Howden (Sir David Davis) held his January 2022 debate on lawfare and the UK court system; as with everything American, the terms “SLAPPs” has taken over the language here, but lawfare is effectively the same thing. On that day, which was really the issue’s first run-out, I replied for the Opposition. There were many strong contributions, and the debate put the issue on the map, including on the Government’s map.

Let us give the Government a little bit of credit, although not too much; there has been some progress. We have heard about what is in the Economic Crime and Corporate Transparency Act 2023, dealing with the issue of SLAPPs, but in a particular way and for a particular type of offence—that is, around economic crime—and the anti-SLAPPs taskforce also meets, but it is somewhat disappointing that the Government have not brought forward their own comprehensive legislation on the issue. I hope they will use the agency of my hon. Friend the Member for Caerphilly to get something on the books in the time available in this Parliament. Nevertheless, we have not done the entire job. That is no criticism at all of my hon. Friend, and I do not know whether that is an invitation for me to be on the Bill Committee as well.

I will deal with three points that need slightly further attention. The first, which my hon. Friend mentioned, is the issue of SLAPPs taking place in the dark—pre-issue, as it were. There has been some attention by the Solicitors Regulation Authority to that in issuing guidelines, but there is still quite a strong feeling that many SLAPPs were effective long before getting to the courtroom because of the intimidation—which we should not underemphasise—placed on individuals. They may be authors or journalists, but they may just be individual members of the public. The intimidation may even be of corporations, and yet they cannot take the risk because they are up against people with not just deep, but bottomless, pockets. We heard about the £1.5 million cost for Catherine Belton in relation to “Putin’s People”. That was pocket money for Abramovich, but for a publisher—let alone a journalist—it is a significant sum of money. A more comprehensive view of how SLAPPs act is important in relation to resources.

I do not want to disagree with my hon. Friend, but we need to look at the point that the Anti-SLAPP Coalition and the NUJ have raised—and the hon. Member for Tiverton and Honiton (Richard Foord)—about a subjective or objective test. That is not easy. Obviously, there are subjective as well as objective tests throughout the legal system. Nevertheless, there is a real fear that the need for a defendant to show subjective elements will be a path for the claimant to tie proceedings up in knots, complicate things and drag them out. I do not know what the solution is, but we should at least explore that and listen to the expert organisations, particularly the National Union of Journalists and the Anti-SLAPP Coalition, which are urging us to take that course.

[Richard Foord]

Does the hon. Member think that a minor amendment could be introduced to add an objective test based on observable features of abuse, to help prevent litigation from being misused to suppress freedom of speech?

[Andy Slaughter]

It sounds like the hon. Member wants to be on the Bill Committee and is drafting his amendments in his head. I have never known a private Member’s Bill Committee to be so popular. I am not a legal draftsman and I do not know the answer to his question, but we need to bottom out this issue, because it seems to be attracting the most attention.

Other issues have been raised about overlaps with the Defamation Act, and costs. There are provisions on costs in the Bill, but it is about whether they are driving down costs as far as they can, and about public interest. A number of areas could be further explored, even in this short Bill. Costs are a vital but often neglected part of the legal process. This is a hobby-horse of mine. We have just discussed the Media Bill in the House, and the repeal of section 40 of the Crime and Courts Act 2013, which in effect takes Leveson part 1 out of the equation with regard to having a level playing field for victims of press abuse—if I can put it that way.

On SLAPPs, the Government appear to support legislation such as this to prevent costs being used as a weapon to prevent people getting their just deserts and their day in court, but there is a different situation when it comes to the media itself—I cannot for the life of me see the difference. Of course, Leveson cuts both ways; Leveson also provided a formula for protecting small publishers against exactly the sort of people who take part in SLAPPs—indeed, he could have used the word “SLAPPs” in his report. It also protects the innocent victims of press abuse because the press magnates—not journalists and small publishers but major publishers—also have bottomless pockets.

In his response or during the passage of the Bill, could the Minister think again, at the very least, about how the Government will approach the issue of small publishers and journalists being sued in order to protect the so-called privacy—often the nefarious activities—of very wealthy individuals and corporations. This can affect anyone, including journalists like Tom Burgis, who won his case. The experience did not discourage him, because next week I am hoping to go to the launch of his latest book, “Cuckooland: Where the Rich Own the Truth”. Let me give him a little plug—it will soon be available from all good bookshops. It takes huge courage for someone to risk everything simply in the course of prosecuting their employment, when there is the risk of bankruptcy or being dropped by their publisher—although that was not at risk, I have to say, in Tom’s case.

We heard about the case of Charlotte Leslie, a former colleague of ours, who was effectively persecuted through the courts. We are lucky; we have the protection of privilege here. However, when we step outside this place, we can become a victim in that way, just like anybody else who is, with good intent, simply trying to tell the truth.

This even affects organisations such as the Serious Fraud Office, which is still being prosecuted through the courts by the Eurasian Natural Resources Corporation. The Serious Fraud Office launched the action in good faith, and there was what I would call retaliatory SLAPP action. Although the original action by the SFO has been discontinued, the SLAPP continues. It really does look like a topsy-turvy world when organisations that we should rely on to regulate society—in which I include investigative journalists, Members of Parliament, and certainly criminal investigation organisations—themselves become the victims of those they wish to call out.

That is why we urgently need a much more comprehensive approach to SLAPPs, and that is why I fully welcome the Bill and will support it today. However, I think we can do more work on this. In responding today, I hope the Government will express their strong support and their desire to go further.

Oral Answers to Questions

Richard Foord Excerpts

Tuesday 21st November 2023 Commons Chamber

[Gareth Bacon]

The unduly lenient sentence scheme is intended for use in serious cases for offenders sentenced in the Crown court. The Attorney General has the power to refer a sentence to the Court of Appeal for review if they believe it is unduly lenient. A youth court can sentence a child to up to two years of detention only. Where a child’s offence is likely to attract a sentence of more than two years, the case must be passed to the Crown court for sentencing, where the scheme therefore applies.

[Richard Foord (Tiverton and Honiton) (LD)]

Stiffening unduly lenient Crown court sentences is all very well, but there will still be delays in the system if there are backlogs in prosecuting in the courts. Up to 25% of criminal barristers have left the profession over the past five years, so what action are the Government taking to address the exodus of criminal barristers?

[Gareth Bacon]

In recent years the Government have invested an extra £141 million in criminal legal aid, which should expedite a solution to the situation.

Prison Capacity

Richard Foord Excerpts

Monday 16th October 2023 Commons Chamber

[Alex Chalk]

I thank my right hon. Friend; no one did more in government to ensure that serious foreign national offenders were on planes getting out of the country. She did an exceptional job and I pay tribute to her for that.

On public protection, the whole point of the suspended sentence order is that the magistrate will say to the individual, “The crime that you’ve committed crosses the custody threshold. I am going to impose a suspended sentence order, potentially with a curfew and unpaid work”—or whatever the other conditions are. That order is then a sword of Damocles hanging over the person. If they do not comply, they are brought back before the court and they serve that sentence in custody. The choice for that offender is very clear: do what they should and abide by the order of the court, or they will hear the clang of the prison gates.

[Richard Foord (Tiverton and Honiton) (LD)]

As Home Secretary, Lord David Blunkett introduced indeterminate imprisonment for public protection sentences. Lord Blunkett has since said that he regrets injustices caused by the awarding of those IPP sentences. In February this year, 372 of the 2,456 women serving sentences in prison were serving indeterminate sentences. How many women are still serving IPP sentences who have already served their full tariff?

[Alex Chalk]

The hon. Gentleman is right, and I remember when IPPs came in; they were created by the Criminal Justice Act 2003. I was a barrister at the time and I remember that under the legislation we were required effectively to apply for them and that judges were required to hand them down. There has been an understanding, in the intervening 20 years, that they have not operated as they should. They have created a sense of total despair, hopelessness and, most importantly of all, injustice.

How we deal with this issue is difficult in circumstances where the Parole Board has judged that people remain a danger to society. That is the issue. There is no easy solution where we say simply, “Let people out”, because we know in doing so that they could commit crimes and harm our fellow citizens. So we cannot do that, but what we will do is take every step, including providing additional psychological support so that individuals can prepare for parole hearings, and we will look at the issue of licences. We will not compromise on public safety, but we will do everything we can to scrub out the stain of those misguided sentences.

Victims and Prisoners Bill

Richard Foord Excerpts

2nd reading
Monday 15th May 2023 Commons Chamber

[Richard Foord (Tiverton and Honiton) (LD)]

On the hon. Member’s point about victims of rape who have been let down, does he consider that the Bill could protect child victims of rape from alleged child perpetrators where both the victim and the accused are due to attend the same school?

[Steve Reed]

I am grateful to the hon. Member for his intervention. He makes an important point. That is one of so many important ways in which the Bill could do more for victims. I hope that we will get the chance to make some changes to it and strengthen it as it passes through Committee and during the rest of its journey before it becomes an Act of Parliament.

Labour will table an amendment offering free legal advice for rape survivors. We want to ensure that survivors are supported every single step of the way from first reporting a rape at a police station right through to trial. It cannot be right that so many rape survivors describe their experience in court as so traumatising that it feels like they are the ones who are on trial. Labour has been calling for some time now for the protection of third-party material, such as counselling or therapy records, for rape and sexual violence victims. It is welcome that the Government are proposing some changes on that, but victims want more detail, and we will seek that as the Bill progresses. We need to support victims of crime throughout the justice system if we want to reduce victim dropout rates, which deny them justice and let criminals get away with their crimes.

There has, quite rightly, been a great deal of attention in recent years on victims of state failure that have led to major tragedies: Hillsborough, Grenfell and the Manchester Arena to name just three. Tragically, the Bill lets them down, too. Victims of major tragedies deserve the same legal representation as the authorities that fail them in the first place, but that does not happen, and the Bill does not put it right. Labour stands unequivocally with the families and survivors of those tragedies. Giving them proper legal representation is not only a matter of justice for them but helps the system learn from when went wrong, so that future tragedies can be prevented.

We will table amendments to establish a fully independent legal advocate accountable to families, as the Hillsborough families and campaigners have demanded; an advocate with the power to access documents and data not only to expose the full extent of failure but to prevent the possibility of cover-ups, such as those that denied families justice immediately after Hillsborough.

The Bill also lets down victims of antisocial behaviour. Those crimes can leave communities feeling broken and powerless, and lead to a spiral of social and economic decline that we should not tolerate. Whether it is gangs trashing local buildings, offenders intimidating local residents or selfish individuals dumping their rubbish on local streets and green spaces, we must support the law-abiding majority who deserve to feel proud of where they live.