Joint Enterprise (Significant Contribution) Bill

Richard Fuller Excerpts

2nd reading
Friday 2nd February 2024 Commons Chamber

[Kim Johnson]

I thank my hon. Friend for raising that point and particularly for raising the Justice for Jay Abatan campaign, which is very similar to the Stephen Lawrence campaign.

The Centre for Crime and Justice Studies suggests that the 2016 judgment had little to no effect on the number of joint enterprise charges or convictions. Indeed, since 2016 there has been a new legal problem, whereby juries are deliberately not directed to consider the contribution that a person made to a crime, as in the case of Faisal Fiaz, who was in a parked car that was streets away from where the murder for which he was convicted occurred. Only Parliament can fix this.

A charge of joint enterprise too often leads to an assumption of guilt in the courtroom, with the defendant having to prove their innocence, turning our justice system on its head. This is a failure of our justice system, which is supposedly the best in the world, and an affront to the taxpayer, who is left footing the bill for sloppy sentencing. To quote Jimmy McGovern’s “Common”,

“joint enterprise might allow it, natural justice does not.”

If passed, my Bill will fix this wrong turn and help to return the law to its original intention.

Joint enterprise is currently wielded as a blunt instrument by the courts, allowing people who have not made a significant contribution to a murder to receive a mandatory life sentence. Lawyers and campaigners often describe the decision to prosecute or sentence someone to life as Russian roulette. My Bill seeks to enshrine in law the condition that a person can be prosecuted under joint enterprise only where they are proven to have significantly contributed to a crime. This would raise the bar for prosecution and provide the jury with the tools to differentiate between defendants who deserve to face a mandatory life sentence for the role they played in a serious crime and those who do not. There are countless cases where it is clear that we need a change in the law to provide juries with the basic legal test contained in my Bill.

[Richard Fuller (North East Bedfordshire) (Con)]

May I compliment the hon. Lady on bringing forward this Bill? I am very grateful to her, because it has enabled me to look at some of the background information in the note that she sent and at some of the judgments that the Supreme Court made, which I would not have been aware of. I am grateful to her for pointing out at the start of her speech that there are victims involved. We have to make sure that we protect them and their feelings, and that justice is seen to be done.

One of the concerns that we on the Government side of the House have is that, in the past, people who were given life sentences for serious crimes would have been out after six or seven years—life sentences did not mean life sentences. I want to make sure that when judges hand down a life sentence, it really is a life sentence. However, that intent stands directly at odds with the rules on joint enterprise. When someone who has committed a crime is sentenced, I would not want to be in the position of seeing someone who was there but who had not played, in the hon. Lady’s words, a significant part in the perpetration of that crime getting caught up in that. Does she not see that, without some of the changes that she is making with the Bill, the intentions of those of us who want life sentences to mean life would fall into an even greater sense of legal jeopardy?

[Kim Johnson]

The hon. Member makes some valid points, and these issues have been raised by the campaign groups. Life has meant life for people prosecuted under joint enterprise—often 27 years and upwards, but starting with 14 years. This is the miscarriage that we are looking at.

I want to give some examples. Jordan Cunliffe was 15 years old and awaiting a double eye transplant at the time he was accused of complicity in a joint enterprise murder. His mum Jan is in the Gallery today. Jordan was nearly totally blind and unable to see the incident or to run away. Despite the confession of two boys who were directly involved in the struggle that led to the death of the victim, the judge charged Jordan along with four others, leading to a life sentence for a crime he did not commit.

When Tommy was sentenced for life for joint enterprise murder, the judge told the courtroom, including his mum Lisa, who is in the Gallery today:

“remarkably there is no evidence. I can’t say you were at the scene or you carried a knife. There’s no DNA, no eyewitnesses. I don’t have a role for you. But I’m going to sentence you on a secondary role and give you an 18-year mandatory sentence”.

At the time of his conviction, Tommy was 20 years old.

Dean Winston was sentenced to life in 2014 for joint enterprise murder. His mum, Bee, is also in the Public Gallery today. Dean was 19 when he was sent to prison for 24 and a half years. Despite the confession of his co-defendant, Dean received a longer sentence than the man who committed and admitted to the murder.

Those are just snapshots of wrongful joint enterprise convictions, from JENGbA families who have campaigned for well over a decade to bring to light this grey area of the law. In their own words, this is a miscarriage of justice on the same scale as the Post Office Horizon scandal. People are being sent to prison for crimes they did not commit.

Victims and Prisoners Bill

Richard Fuller Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

[Tim Farron (Westmorland and Lonsdale) (LD)]

I will restrict my remarks to speaking in favour of new clause 10, which stands in my name, which would create a new sewage illness compensation scheme to allow anyone who has been made ill as a direct result of criminal conduct by water companies to claim compensation.

I am indebted to Surfers Against Sewage, whose recent report found that, between October 2022 and September 2023, 1,924 water users reported illness after being in the water. This is just a glimpse of the true number of unreported illnesses. The amendment calls for these victims to receive some justice for the recklessness of water companies and other polluters. It would ensure that the profits of water companies pay for compensation for people who are made ill after bathing in water illegally contaminated by sewage. It would also make provision to pay for the medical evidence required to support a claim for compensation.

Of course, much of my motivation comes from the fact that it is my privilege to speak for the communities around the English Lake district. Indeed, at first glance, the latest Windermere bathing water results are positive, as all sites are classed as excellent. We are also encouraged by the progress made on Coniston becoming designated bathing water. Yet, as the report shows, 60% of all sickness reports were submitted from bathing waters judged to be excellent. This undermines people’s confidence in the ratings. Communities like mine, particularly those around Windermere, rely on visitors coming to enjoy the beautiful landscapes, as well as for swimming and other water sports. Even with the best ratings possible, there will be a detrimental effect on people’s livelihoods in our communities if a reputation is tarnished.

The report cites Steve Crawford from Scarborough, who was forced to close his surf shop for the whole summer because the water at South Bay beach was deemed to be too poor in quality to surf in. Steve could not give any surfing lessons because no one would go into the sea. His livelihood was ruined by that sewage spill.

In the past, the great north swim at Windermere has been cancelled because of algal blooms, and there are countless other stories of businesses struggling to stay afloat as visitor numbers drop. The report shows that when quality improves on beaches, visitor numbers can rise by up to 52%. In August this year, swimmers in the world triathlon championship series fell ill with E. coli after competing in the sea event off Roker beach in Sunderland. A chance for the world to see the UK as a sporting host was ruined by our inability to keep our waters clean.

The threat of sewage spills does lasting damage to the viability of many businesses but, more importantly, there is enormous personal damage to people’s health and wellbeing. Peter, a visitor to Windermere earlier this year, contracted a campylobacter infection after swimming in the lake. In the report, I refer to Robbie Bowman, who went into the sea in south Wales with a cut on his leg, which became infected by sewage in the water and he was hospitalised for a week. I also refer to Reuben, who had to give up his job as a teacher because he caught the incurable labyrinthitis after surfing in sewage-infested waters off Saunton beach in Devon.

In my own community, swimmers have come forward with parasitic infections and Weil’s disease in the past year. All of these shocking examples of sewage in waterways causing illness point to the reality of what chief medical officer Chris Whitty calls

“a serious public health issue”.

He is clear that the water companies are not doing enough, and that

“where people swim or children play, they should not expect significant doses of human coliforms if they ingest water”.

He says it will inevitably require investment, but it is not just a question of money; it needs

“preventive engineering, better sewer management, innovation, and commitment.”

The amendment should be the first in a series of measures to force the water companies to take responsibility for the decades of neglect they have overseen. Some 7.5 million hours of sewage have been dumped into our waterways over the last three years, and 450,000 hours of sewage have been dumped into designated bathing waters in England. What were the consequences? The top water executives in England were paid £73 million, including £41 million in bonuses, benefits and incentives. It is clear to anyone that these grotesque bonuses and payouts must be stopped until there is sufficient investment in our sewage system, and results are consistently seen in the improvement of the health of our seas, lakes and rivers. In most industries, bonuses are given out for doing a good job. For the water bosses, the opposite is clearly true and that must end.

Speaking on behalf of communities around Windermere, Coniston and Ullswater, the rivers Eden, Kent and Aire, and all the other wonderful waterways it is my privilege to represent, this issue is deeply personal. We should deliver justice for victims and ensure that there is an incentive for the water companies to clean up their act. I commend this amendment to the House.

[Richard Fuller (North East Bedfordshire) (Con)]

I commend the Minister for the excellent Bill and join Opposition Front Benchers in thanking him for bringing forward substantive amendments at this stage, rather than waiting to bring them forward in the other place. This is a good Bill. I will focus on victims of violent sexual crime and talk to my new clause 41, but first I will speak briefly in support of other amendments that I have signed.

New clause 19, proposed by my right hon. Friend the Member for Basingstoke (Dame Maria Miller), provides for a presumption of non-disclosure of counselling records for victims of rape and sexual assault, and it makes it clear, for the first time, that counselling is there to explore feelings, not as a source for revealing or investigating facts.

Four amendments are proposed by the hon. Member for Rotherham (Sarah Champion): amendment 15 would include in the victims code a requirement to inform all victims of their right to access pre-trial therapy; new clause 4 would place a statutory duty on the Parole Board to enable victims to make a personal statement; new clause 5 would require the compilation of single core data sets on victims of child sexual abuse, a crucial first step in promoting consistency and enabling a greater degree of insight into that terrible crime; and new clause 6 would require the Secretary of State to assess the adequacy of the number of independent domestic violence and sexual violence advisers. I do not normally support amendments that look for a report in six months, but in this case that is warranted to help give us, here in Parliament, confidence that the right priority is being afforded to such victims.

Taken together, the amendments proposed by the hon. Member for Rotherham would provide a significant strengthening of the rights of victims of sexual violence. I hope that the Minister will reflect positively on her intentions and ours, because they have cross-party support, even if he is not minded to accept them today. Given his earlier comments, I think he has some positive views about them.

I hope that extends to my new clause 41, which would, for the first time across the UK, provide for independent legal advice and representation for victims of rape and sexual assault. My new clause builds on the findings from the scheme trialled in Northumbria, under the leadership of the police and crime commissioners Dame Vera Baird and Kim McGuinness. The findings demonstrate that a significant proportion of requests for information for rape complainants’ private data were excessive; that those excessive requests had a significant impact on the wellbeing of victims; and that the legal guidance on the matter was not clearly understood, which led to wide variations in approach.

I believe a national version of the scheme, which could be created at reasonable cost to the taxpayer, would provide for greater confidence for victims as they go through what can be a highly intrusive and painful evidence-gathering process. There are international examples—this path has been trodden by others. There is guidance for it in Australia—in New South Wales—Ireland and, in total, in eight of 14 of the adversarial legal systems. I strongly urge the Minister to look at ways in which that could be put into the Bill.

Under my proposal, this access to independent legal advice would be provided to victims in six specified situations, so we are not creating an open door or a difference that would occur in other cases. That is important because decisions about how credible the victim is deemed to be are often what drive the decision to continue with a criminal case. That is not the case in many other sources of crimes. A national scheme providing victims of rape and sexual assault with independent legal advice and representation will ensure that victims’ rights are respected where their interests diverge from those of the police, the CPS and other criminal agencies.

My new clause 41 would ensure that victims, where appropriate, have access to legal advice that will give them the confidence that all that is being sought is all that is needed to enable a fair prosecution, and no more. The clause would provide a mechanism for accessibility and improve the quality, efficiency and consistency of investigations. I hope the Minister will look positively on this initiative.

[Maria Eagle]

I rise to speak in respect of some of the amendments and new clauses in part two: specifically, Government new clauses 22 and 23; Government amendment 60; Government new clause 24; Government amendments 76 to 82; and new clause 14, introduced by my hon. Friend the Member for Cardiff West (Kevin Brennan) on behalf of the Opposition, on the Hillsborough law duty of candour.

If these new clauses and amendments are agreed to tonight, the Bill will be better than it was when it began its life at Second Reading, and it will be better than it was even after it had been through a monumental Committee stage. However, the Minister will not be surprised to hear me say that it will not be perfect, and it will not be all that I hoped for in my Public Advocate Bill or my Public Advocate (No. 2) Bill—I have been introducing such legislation since 2016, and my hon. Friend the noble Lord Wills has been introducing similar measures in the other place since 2014—but it will be better than originally drafted.

I welcome the fact that the Minister has conceded that the Independent Public Advocate will be established as a standing appointment on a full-time basis. It is a shame that he has not seen fit to go a little further to enable the families affected to be the people who call upon the public advocate to act, rather than the Secretary of State. One of the points of my legislation, and that introduced by my noble friend in the other place, was to give the families some agency—some power to act in the earlier stages of the aftermath of a public disaster and affect the way the aftermath is dealt with.

The whole purpose of the legislation that Lord Wills and I proposed was to ensure that things do not go wrong in the aftermath of public disasters, as they have done after Hillsborough and other disasters. One ends up with years and years—sometimes decades and decades—of subsequent campaigns, fights and proceedings, legal and otherwise, that end up costing society millions and costing the families their health and often their lives. Stopping things going wrong in the immediate aftermath of disasters is a good aim for public policy.

Police, Crime, Sentencing and Courts Bill

Richard Fuller Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Mr Dhesi]

I completely agree with the hon. Lady. As she says, the damage from the many things being combined by the Government will have a devastating impact on our democracy.

The measures proposed by the Government to tackle crime are also deeply worrying. They are failing to tackle the roots of crime and antisocial behaviour, and yet I am hardly surprised. Their record is of taking more than 20,000 police officers off our streets and ceding ground to criminals, and even now they have not made up for the numbers of police, civilian staff and police community and support officers that they cut. When people do not see police in their communities, as has been the case in my constituency, they feel less safe and secure, and crime goes up. In actual fact it is up 14%, according to the Office for National Statistics—not to mention the huge reduction in convictions for rape and domestic abuse. Why are the Government, through the Bill, making such an appalling attack against the Gypsy, Roma and Traveller communities even though the police do not want the extra powers?

There is chaos in the criminal justice system with a backlog of years for cases. Victims and witnesses are simply giving up and criminals are laughing up their sleeves. The Government’s response is to close courts, with 300 closed since 2010. They simply do not get it. We must defend the right to protest, to picket and to make a racket when we feel that we are not being listened to.

[Richard Fuller (North East Bedfordshire) (Con)]

I rise to speak to the amendments on noise and protest. Frankly, I should not have to. At the beginning of the Bill process, I was discussing the Bill with a friend of mine who said, “This is a ridiculous thing to put in the Bill.” I said, “Don’t worry—the Government will accept amendments in Committee.” They did not. Then I said, “Don’t worry—if they do not do it in Committee, they will surely accept their lordships’ amendments.” I have certainly yet to see the Government make enough concessions on that. That has led me to worry.

I worry that at a time when Conservatives should be promoting freedom of speech, we have created a weapon for our opponents to say that we oppose it. We should not be doing that. I worry that Government Members give the impression that we think that demonstrations are okay as long as they are nicely decorous, barely audible and easy to miss, and we forget that anger and frustration are natural human emotions that find their expression in a democratic society through the ability to protest and, yes, make a noise. I worry that, while Opposition Members have talked about the concern regarding large protests, the measures will actually have more effect on more marginal issues and smaller groups. I think back to the 1980s and the group AIDS Coalition to Unleash Power, which was protesting to provide AIDS treatment to people. There was never a noisier, more active, disruptive group than ACT UP in my memory. They were representing a group that was marginalised, so they could only make a noise to make their voice heard. I worry that the Bill will have an undue impact on marginal groups.

I worry that, at a time when we need clarity so much in the way in which the law affects people’s lives, the Bill is so vague that people will say, “Why are we ‘noisy’ and not them?” How on earth does that help us to create a calmer discourse between those who have different opinions? I worry that we are asking the police to make too many judgments at a time when the police themselves want clarity, and not to be put into the mix. I love the fact that the British police do not care what people are protesting about, so why are we creating something where, in the moment, they have to make a judgment? I worry ultimately that, at a time when in our society we need trust between people with profoundly different opinions, the provisions in the Bill do nothing at all to help in that regard.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Recent days have indeed underlined the importance of peaceful protest and freedom of expression. Only this weekend I helped to organise, alongside my hon. Friend the Member for Arfon (Hywel Williams), a rally for solidarity in Caernarfon for the people of Ukraine against the illegal invasion of their country. We joined, of course, a wave of demonstrations that have been sweeping across Europe. Meanwhile, the whole world is witnessing the bravery of protestors in Russia, who are defying Putin’s authoritarian regime to take to the streets against the illegal invasion of Ukraine. Thousands of Russians have been arrested, some simply for holding up anti-war signs—a clear violation of people’s right to peacefully protest. Yet what do we find ourselves discussing here?

While the UK Government are quick to denounce the authoritarianism of Putin’s Russia, they are set on implementing part 3 of the Bill, which is a direct threat to people’s right to protest in Wales—a right that is integral to the history of Wales as a nation. From protests against the enclosure of land in Gwynedd in the 1810s, the Chartist uprising in Newport in the 1830s, the Rebecca riots by tenant farmers against the payment of tolls in the 1840s, language rights—the very essence of noise—protests in the 1960s, and the miners’ strikes in the 1980s, to recent protests on racial injustice and the cost-of-living crisis, it is clear that the act of protest is woven through the past and present of Wales.

I welcome the changes to part 3 in the other place to remove the limits on our protest rights, such as Lords amendment 30, which removes new restrictions from public assemblies, but the Government have made it clear that they have no intention whatsoever of listening to the overwhelming cross-party opposition on these issues. Not content with clamping down on our right to protest, the UK Government have launched a new attack on Welsh Gypsies, Romas and Travellers through part 4 of the Bill. Despite already being marginalised by society, it will criminalise their way of life and allow for the confiscation of their homes. Importantly, it will directly undermine existing devolved Welsh legislation.

The criminalisation of Gypsy, Roma and Traveller adults will have a knock-on effect for their children, who are at greater risk of being taken into care, directly undermining the Rights of Children and Young Persons (Wales) Measure 2011, which places a duty on Welsh Ministers to have due regard for the rights of children as set out under the United Nations convention on the rights of the child. Criminalisation contravenes part 3 of the Housing (Wales) Act 2014, which places a legal obligation on local authorities in Wales to both assess and provide for residential and transit provision for Gypsies and Travellers. Our Senedd rightly refused to grant consent for the changes to part 4. It would therefore be wrong to apply it in Wales. That is just one example of the creeping effect of this place on devolved legislation. We must stand firm against it; otherwise, our Senedd in Wales will be being ignored.

Police Grant Report

Richard Fuller Excerpts

Wednesday 9th February 2022 Commons Chamber

[Richard Fuller (North East Bedfordshire) (Con)]

It is a pleasure to join my hon. Friend the Member for South West Bedfordshire (Andrew Selous) in paying tribute to the officers and staff of Bedfordshire police, who keep our county and its residents safe.

Crime remains a serious and major concern for many of my constituents, but my contribution will focus on 10 pieces of good news on crime. First, there is the news about the funding formula, an issue that has cross-party support in Bedfordshire. I am so pleased that the Minister has now brought forward that review and that, as he said, the train has left the station.

Secondly, the Minister will know that funding is a partnership between the national funding formula and local councillors. I am sure he will be pleased to learn that the cross-party police and crime panel agreed unanimously, with no abstentions or votes against, an increase in the local precept to support the local policing plan. I pay tribute in particular to the chair of that committee, Councillor Ian Dalgarno.

Thirdly, there is the leadership of our police and crime commissioner, Festus Akinbusoye, and the programme he has put in place to direct those resources in the most effective way. He has said that the funding he is receiving locally will pay for 72 additional police officers and that he will focus them on rural crime teams, which are so important in my constituency. As my piece of good news 5(a), I also commend the Minister on taking forward the hare coursing legislation that is so important for so many rural constituents. Festus has also paid due attention to the responsibility to get the security and policing right at Luton airport—another important issue locally.

Festus has also paid due attention to the responsibility to get the security and policing right at Luton airport—another important local issue. Following the inspiring leadership of the Prime Minister, knife crime reduction—a crucial issue across the country—is now a priority in Bedfordshire. On prosecuting serious sexual violence, Bedfordshire was in the lowest quartile a few years ago but is now the sixth best, which is a tribute to our chief constable. Burglary and detection rates have trebled in the past year, and the rates of solving burglary have doubled.

My tenth and final piece of good news is the strength, confidence and hard work of the officers of Bedfordshire police who, through the covid period, continued to keep us safe, and continue today to provide that quality of service that the British public have every right to expect.

Oral Answers to Questions

Richard Fuller Excerpts

Tuesday 18th May 2021 Commons Chamber

[Robert Buckland]

I remind the hon. Gentleman that in the context of those recommendations, prison officers received rises of between 2.5% and 7.5%. It is right to say that in one specific instance the recommendations of the body were not accepted—we are mindful of our overall duties with regard to the public purse—but I assure the hon. Gentleman that in terms of the recruitment, support and promotion of the vital role of prison officers, the Government will not stint in their unwavering support and encouragement.

[Richard Fuller (North East Bedfordshire) (Con)]

Festus Akinbusoye, the inspirational police and crime commissioner for Bedfordshire, has championed the use of addiction recovery programmes for low-risk offenders. Will the Minister tell the House what encouragement he is likely to give to police and crime commissioners to expand the role of such programmes? In particular, what encouragement will he give to Festus for his campaigns?

[Kit Malthouse]

I join my hon. Friend in celebrating the election of Commissioner Akinbusoye, who is one of the 29 Conservative police and crime commissioners—a full 70% of the available slots were secured by the Conservative party at the elections two weeks ago. My hon. Friend is quite right that police and crime commissioners have a critical role to play in offender management, given that more than half of crime is committed by reoffenders. At the severe end in particular, we know that, on average, all murderers in the country have committed at least seven previous offences. In my role as Policing Minister, I will work closely with police and crime commissioners to make sure that not only as chairs of their local criminal justice board but more widely they can play an important role in driving down reoffending.

Divorce, Dissolution and Separation Bill [Lords]

Richard Fuller Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Wednesday 17th June 2020 Commons Chamber

[Richard Fuller (North East Bedfordshire) (Con)]

I am learning a lot from my hon. Friend, and I am grateful for her contribution. She will be able to inform me better, but one thing that occurred to me is that in the process of divorce—I am talking about friends of mine who have been through this—all the voices are about separation. That could come from the legal profession, to which I mean no disrespect, or from friends who get drawn into separate camps, but there does not seem to be much space for conciliation in the most important contract that two people will ever make. Does new clause 1 seek to address that disparity, and the way that such forces work in those difficult circumstances?

[Fiona Bruce]

That is exactly its point—very much so. That goes to the heart of the key purpose of new clause 1. Relationship support for couples in difficulty can help them to work together, so that the roots of their conflict can be addressed and terminated, rather than the relationship itself. Investment in relationship counselling would help not just the parties, but their children and wider society. Strikingly, the one provision of the Family Law Act 1996 that was retained is section 22, which enables the Government to provide funding for marriage support services, research into the causes of marital breakdown, and research into ways of preventing marital breakdown. Sadly, in recent years it seems that those provisions have not been used, and no funding has been provided specifically for marriage support. In February 2020 the Government said that between 2014 and 2019 they had invested £46.9 million in relationship support services. With family breakdown costing the UK at least £51 billion each year, surely it is now time to increase support specifically for marriage with this new clause.

On Second Reading, the Lord Chancellor said that he is a supporter of the institution of marriage. I encourage him to take a leaf out of the forward to the consultation response written by his predecessor, who stated:

“I believe that we should do everything we can to try to rebuild relationships before they become irretrievably broken down…This includes, where possible, helping to ensure that relationships can be saved before they are legally ended.”

Will my right hon. and learned Friend pass what might be called the “Gauke test”, by doing everything he can to support saveable marriages and support new clause 1?

Let me turn to amendments 2 and 4. Amendment 2 would define the start of divorce proceedings, so that it is clear when the 20-week period would start. This is an important concern about the Bill. Amendment 2, and amendment 4 with regard to civil partnerships, seek to deal with a serious defect of the Bill. At present, the petitioner for a divorce must prove service on the other party before proceedings get under way. That means that they must prove, on the record, that the other party has received notice and knows that they are being divorced. This Bill contains no such requirement. The applicant can simply lodge his application at court and the 20-week clock referred to in the Bill for proceedings to commence starts ticking.

The Bill needs amending to provide for the 20-week period not to start until the application for a divorce has been received by the other party to the marriage and this has been confirmed at court. Otherwise, as the Bill now reads, one party to the marriage could have far less than 20 weeks’ notice—if, for example, they are away from home, ill, or for some other reason the notice is not effectively served on them—prior to a court making a conditional order, leaving only six weeks left before a final order. Worse still, the Bill, as currently worded, gives a green light to unscrupulous petitioners to ambush their spouse by ensuring that by one means or another, their spouse does not receive the notice of claim filed at court promptly—so-called bombshell applications—because proposed new section 1(3)(b) of the Matrimonial Causes Act 1973 says that if the 20-week clock has ticked, the court

“must…make a divorce order”.

That can leave as little as only six weeks, or a few days more. It is possible for a devious partner to give a vulnerable spouse little over six weeks’ notice that they are being divorced—as I have said, a petitioner’s charter. That mischief needs correcting.

The Government will say that the Bill limits the opportunity for respondents to delay, control or frustrate the divorce application, and I should be grateful if the Minister would clarify where in the Bill it states that.

Prisons and Courts Bill

Richard Fuller Excerpts

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Elizabeth Truss]

My right hon. and learned Friend has made the important point that a fair trial is at the heart of our justice system. We already have rules committees, and we are establishing a new online rules committee which will be managed by the judiciary. They will look at the issues in detail to ensure that a fair trial is always paramount.

The Bill will enable screens to be installed in courts across England and Wales to allow the public to observe virtual hearings from court buildings anywhere in the country. Lists of all open cases will be published online, and results will be made available digitally. That will ensure that justice is done and seen to be done.

The Bill will streamline the pre-trial process, and will make changes in the way in which cases are allocated in the Crown and magistrates courts. Defendants will be able to indicate a plea online in all cases, allowing the courts to make administrative decisions without the need for a hearing. We are also stripping out nearly 30,000 unnecessary first hearings for the most serious offences in the magistrates courts each year.

The Bill will abolish local justice areas, simplifying the structure of our magistrates courts and removing the bureaucracy and geographical constraints that cause inefficiencies and delays. It will allow those who are charged with some of the most straightforward, non-imprisonable offences to resolve their cases entirely online. For example, a commuter charged with failure to produce a ticket can log on to a website, have all the options clearly explained, and accept a conviction and pay a set penalty instantly online without waiting for a magistrate to process the case.

[Richard Fuller (Bedford) (Con)]

My right hon. Friend will be aware that a number of magistrates courts—including the court in Bedford—were closed in past years by the justices themselves, despite the best efforts of my hon. Friend the Member for North West Cambridgeshire (Mr Vara), whose hands were tied. Will these measures help to allay my constituents’ concern about the difficulties of additional travel in the case of some offences? Will the Bill give them some comfort by ensuring that the problems involved in having to go to Luton will be allayed?

[Elizabeth Truss]

My hon. Friend is right. I represent a rural constituency, and I understand people’s concerns about having to travel far. Virtual hearings will enable people to do more online so that they do not need to travel to court, and to use virtual videos. That is already reducing travel needs throughout the country. If people want to observe a case in another part of the country, they will be able to go into their court to do so, with special permission. Victims and witnesses will have more access to the justice process.

Prisons

Richard Fuller Excerpts

Wednesday 25th January 2017 Commons Chamber

[Elizabeth Truss]

My right hon. Friend’s assessment is absolutely right and we are, indeed, bringing back former prison officers on a temporary basis.

I will move on to what we are doing on recruitment and retention, because that is the most important issue we face as a Prison Service. We will not achieve our aims of reform if we do not have enough officers and if we do not train them properly and have proper career development to make the most of our workforce. In October, we started by announcing our plans to recruit an extra 400 staff in 10 of our most challenging prisons. I am pleased to say that we have so far made 389 job offers. We were due to do that by the end of March, so we are ahead of target. We recently launched a graduate scheme called Unlocked, which is like Teach First for prisons, to attract the top talented graduates. We had more than 1,000 expressions of interest in the scheme and within 24 hours, we had 350 graduates from Russell Group universities applying for it.

The idea that people do not want to do the job is not right. There are a lot of people out there who want to reform offenders and to get involved in helping us turn around our Prison Service. We need to talk up the job of being a prison officer, because it is incredibly important. One prison officer described themselves to me as a parent, a social worker and a teacher. What could be more important than turning somebody who lives a life of crime into somebody who contributes to society? We find that when we go out and recruit, a lot of people are interested in the role.

Of course we have to retain our fantastic existing prison officers, but I want to correct the hon. Member for Leeds East. In fact, 80% of our staff have been with us for longer than five years, so the idea that we do not have a strong depth of prison officers is wrong. However, we do need to ensure that they have career and promotion opportunities. That is why we are looking to expand the senior grades in the service and to promote our existing staff. We want to give them a career ladder so that they have opportunities to train on the job and get the additional skills they need.

We are giving prison governors the opportunity to recruit locally for the first time. We have launched that in 30 of our most hard-to-recruit prisons. That means that the governor can build much more of a relationship with the local community, get people involved, show people what life is really like inside prison and encourage people to work there. The local recruitment and job fairs have been really successful.

Of course this is challenging. Recruiting 4,000 people in one year is challenging, but I think we can do it. We have the opportunity to do it, we are enthusiastic about it and we have the budget to do it for the first time in a number of years.

[Richard Fuller (Bedford) (Con)]

My right hon. Friend is absolutely right. The opportunity for the governor to do more proactive recruitment has been welcomed in Bedford. In the amendment, she talks about decentralising authority to prison governors to enable them to make their own decisions. Does she find it interesting that that idea has been missed completely by the Labour party?

[Elizabeth Truss]

I agree with my hon. Friend that we need to give prison governors power over what happens in their own prison. They should decide what regimes to operate and what staffing structures to have. They should motivate and recruit their own team. They should also have more say over how lives are turned around. For example, we are giving them the power over their own education providers. We will hold prison governors to account for how people are improving in English and maths; how successful they are at getting offenders off drugs, which we know can lead to rehabilitation; and how successful they are at getting people into work when they leave prison, which will encourage them to work with local employers and set up apprenticeships. However, we need to give governors the levers and the responsibility that will enable them to do those things. We are also working on leadership training so that governors have the skills and capabilities to take on those extra responsibilities.

That is the only way we will turn lives around. Whatever I and my civil servants do in the Ministry of Justice, we are not the people on the ground in the wings who are talking to prisoners day in, day out. It is those people who will turn lives around. That is why we need motivated staff and governors who are empowered to do that job. That is what our reforms will achieve.

--- Later in debate ---

[Richard Fuller (Bedford) (Con)]

It is a pleasure to follow my hon. Friend the Member for Salisbury (John Glen). With the House’s permission, I will be very parochial and focus on Bedford prison, given that it is mentioned in the motion. I commend the Minister, because on the afternoon and evening of 6 November, following the disturbances in the prison, he managed, notwithstanding his responsibilities to recover the situation, to keep me fully informed throughout. As my hon. Friend the Member for Reigate (Crispin Blunt) said, that is a hallmark of this particular Minister, and I am very grateful to him. Since the disturbances, the prison has been recovered and rebuilt. As I have been nice to the Minister, I would ask him to meet me to discuss the possibility of a very small investment that has been pending for Bedford prison, which could make a substantial difference.

I want to talk about accountability. One of the issues leading up to the problems at Bedford prison was that 72 recommendations for change and improvement had been made by the inspectorate, but only 12 had been enacted two years later. I have every confidence that the governor, who has recently returned to her position, will find remedies to those problems. However, as governors are given more accountability, how does the Minister think that they themselves will be held to account? Bedford prison has an excellent independent monitoring board. What will be the role of IMBs across the country with regard to accountability?

Prison officers have been mentioned frequently with regard both to numbers and to pay. Having spoken to a number of members of staff at Bedford prison anonymously after the disturbances, it is clear to me that two other issues ought to be addressed. First, this is not just about pay; it is also about the prestige of the profession. Many Members have paid strong compliments to the profession today. Too often prison officers are seen as the “nearly force”—they are not quite held in the same regard as the police. There are a number of things that the Minister could do on prestige as well as pay that could make a difference.

Prison officers also talked to me about the importance of experience. There has been a downgrading of the age range at which people can be brought into the prison officer corps, but that does have a knock-on effect for confidence and teamwork when people are put in very difficult situations.

Finally, given that last year was the 150th anniversary of the Howard League—it is named after a former high sheriff, John Howard—may I reinforce the comments that have been made about the attention that needs to be paid to suicides in prison? I will be interested to hear what the Minister has to say about that. At its 150th anniversary, I said that the Howard League was the essential irritant to Governments on prison reform.

Having listened to the Opposition today, I have to say that, unfortunately, the Labour party has absolutely no positive suggestions. I expect the Minister to do much better in his contribution.

Prison Officers Association: Protest Action

Richard Fuller Excerpts

Tuesday 15th November 2016 Commons Chamber

[Elizabeth Truss]

It is disgraceful that the hon. Gentleman refuses to condemn illegal industrial action that is putting our hard-working front-line prison staff at risk—it is completely irresponsible. I have made it absolutely clear ever since I was appointed to this role that safety is my No. 1 priority. That is why we are rolling out new tests for psychoactive substances and making sure that all staff have body-worn cameras. It is also why we are already recruiting new staff, for which we have announced a £100 million increase in the prison budget. The hon. Gentleman needs to act more responsibly. He needs to work with me, as does the Prison Officers Association, to make sure that our prisons are safer. Sanctioning illegal industrial action in our prison estate is actively putting people at risk of harm, and I ask him to reconsider his disgraceful stance.

[Richard Fuller (Bedford) (Con)]

Following the recent disturbances at Bedford prison, I put on record my thanks to the prison officers and members of the Tornado force for restoring order so rapidly and carefully, and to the prisons Minister for keeping me in touch with affairs throughout the evening a week last Sunday. It is a great shame that prison officers have been led into unlawful action today, but does my right hon. Friend the Secretary of State not recognise that in addition to adding staff, she needs to look urgently at the retention of existing staff and the reasons for their disquiet? Please will she do so as part of her ongoing review?

[Elizabeth Truss]

I thank my hon. Friend for his question. He is absolutely right about the importance of retaining our valuable officers with experience in our prisons, which is why we have given governors extra freedoms to take the measures they need to take, and why we need to increase safety across our prison estate. I have made that a clear priority, and we have already put in place a number of measures to improve security and safety. Unlawful industrial action is not the way to improve the situation. We had been in discussions with the POA—I met its representatives on 2 November—but it has walked away from talks that were designed to deal with some of the issues. I urge the POA to come back to the negotiating table, to stop putting its members at risk and to work with us to make our prisons safer.

Police Funding Formula

Richard Fuller Excerpts

Tuesday 1st March 2016 Commons Chamber

[Mr Gavin Shuker (Luton South) (Lab/Co-op)]

I am grateful for the opportunity to speak in this important debate and it is not lost on me that quite a self-selecting group of MPs has turned out today, all of whom will probably try to follow a similar formula of saying that the funding formula does not respond well to the challenges of their communities. The cumulative nature of the speeches, however, should not necessarily detract from the veracity of their argument. Clearly, across this House, many of us have deep concerns about our police forces and about how they are treated under the current regime. There are winners and losers and, dare I say it, in the Chamber today there are more losers than usual.

I am no different from other Members. For me, the acid test of whether a funding formula is truly fair is Bedfordshire. We have lost 171 officers since 2010, and the number of police community support officers has halved from 108 to 53 in that period. In my community in Luton, where we face all sorts of challenges, the effect of those cuts is that neighbourhood policing is practically non-existent. In 2012 we had PCs working alongside PCSOs in Luton. In other words, we had proper neighbourhood policing. That was true of many other parts of the county too.

The old police authority, looking at the scale of cuts coming through, proposed to remove those officers and to cut PCSOs. When the police and crime commissioner was elected in 2012 he put a halt to that process and protected numbers, but, with £20 million of cuts defined, they had to go. The police and crime commissioner in Bedfordshire has said:

“The impact in Luton is no different from the rest of the county. We’ve had no choice other than to strip away preventative, problem-solving neighbourhood policing everywhere to the barest minimum because the alternative is even worse. But current projections mean we need to find £11 million savings and this may mean reducing the establishment by 44”

in the next three years.

The chief constable, Jon Boutcher, estimates that Bedfordshire needs another 300 officers even to reach the average number in police forces in the country. Why? We are the county with the fourth highest gun crime, the fifth highest serious acquisitive crime and the seventh highest knife crime figures in the country, but we get by on just 169 officers per 100,000 population. To put that in context, the average is 232 across all forces, rural and urban, and the Metropolitan police, about which we have already heard, has 388 officers per 100,000. In simple terms—it is easy to get lost in the numbers—the residents in Luton whom I represent, if treated as though they were, say, 20 minutes down the train line in north London, could expect an additional 482 officers protecting them. That is the scale of the gap.

[Richard Fuller (Bedford) (Con)]

Will the hon. Gentleman echo the fact that the demand for policing in Luton is not restricted to the people of Luton? It is felt by the rest of the people of Bedfordshire, including in my town, Bedford. Bedfordshire is just not large enough for the rest of the county to chip in for those additional requirements in Luton, as the hon. Gentleman is so clearly outlining. Will he emphasise to the Minister, who I am sure is hearing this, that this is not a partisan view of the funding for Bedfordshire police; this is a cross-party view of the specific needs of Bedfordshire police in the future.

[Mr Shuker]

I am extremely glad I took the intervention, because the hon. Gentleman makes an excellent point, which he has made alongside me and the four other Bedfordshire MPs, both Conservative and Labour, to the Policing Minister, who has kindly given us an audience in the past and, I hope, will do so in the future to make the point that ours is essentially an urban force that is funded as a rural one. The nature of Luton in particular and of Bedford and some of the smaller areas to the north of the county, means that there is a huge disparity in levels of crime, especially the crimes that I mentioned. I will continue to make this point.

This is not a dry argument about formulae. Last week I sat in the house of my constituent Mrs Patel. She is a shop owner. Just before Christmas she was attacked, dragged to the back of her shop and cut by a man wielding a knife. That vicious attack has robbed her of her work and her confidence, and has left deep scars not just mentally but physically. There is only one thing more horrendous than the attack on Mrs Patel in her shop: it is the fact that just a few short years ago, in the same shop and in the same way, her husband was violently attacked and stabbed to death. She wants to know why the officers who used to patrol the area where her shop is and where she lives are not patrolling any more. Her son wants to know why it took so long during this violent attack for a police car to respond. He wants to know why the man who subjected her to such a terrifying attack—who put a knife against her throat and who, it was clear to her, was attempting to send her to the same place as her husband—was not apprehended in the midst of it. The debate is not, therefore, just about a formulae; it is about my constituents’ safety and their ability to live their lives without fear of threat.

The argument I advance—that fair funding for Bedfordshire is the acid test for the new police funding formula—is backed up by the context. As I said in response to the hon. Member for Bedford (Richard Fuller), Bedfordshire is an urban force funded in a rural way. Luton and, to a lesser extent, Bedford face vastly different challenges from the rest of this rural county. Despite the obvious electoral benefit of moving significant resources into urban areas, it is to the credit of the Labour police and crime commissioner, Olly Martins, that he has, given the challenges, been able to move forward with plans that still provide for a significant rural presence.

As a community, we face all sorts of challenges. We face down extremism daily. The far right—the English Defence League, Britain First and associated groups—regularly target our town. At just one protest last year, a group of about 150 or 200 drunken men led to a policing bill of £320,000, which had to be picked up locally. Of course, there is also the ongoing challenge of infiltration by extremists of the Muslim community.

We also have to defend major transport infrastructure, with London Luton airport, which is in my constituency, carrying upwards of 10 million passengers a year. The east midlands and west coast main lines pass through the constituency, as do the two principal roads between London and the north. Despite all that, Bedfordshire has to get by on similar police funding and, therefore, with similar police strength as Dorset—we have heard about that already—Sussex and Hertfordshire.

Only one thing that could undermine my argument, so let me pre-empt it: a failure since 2010 to make significant changes, efficiencies and innovations in the way in which Bedfordshire operates. In other words, we could have buried our heads in the sand and said, “The problem is purely the Government cutting spending.” However, that is simply not true.

The force has already made £25 million of savings, and it expects to make another £11 million in the coming three years. Under the leadership of the police and crime commissioner, the tri-force alliance between Hertfordshire, Cambridgeshire and Bedfordshire should produce about £10 million of savings for Bedfordshire alone. A bid is in with the Home Office police innovation fund to support blue-light collaboration with fire and ambulance services. There is increased use of special constables to support Community Watch, and new technology, including smartphones, slate personal computers, automotive telematics and even drones is being rolled out to save money and police time.

At the same time, we have seen increased transparency—for example, through the use of body-worn cameras—which is vital to maintain the community’s involvement and the sense in which they are protected by the police.

[Richard Fuller]

The hon. Gentleman talked about the cost savings between Bedfordshire, Hertfordshire and Cambridgeshire. That is about cost sharing, but does he agree that there is still the revenue that accrues to Hertfordshire and Cambridgeshire, which is significantly in excess of the financial resources that come into Bedfordshire? It is such a pity that we are not able to encourage those counties to draw together with us. Would he like to hear the Minister’s thoughts on whether there could be Home Office proposals to push forward greater collaboration and greater sharing of revenue as well as costs?

[Mr Shuker]

Absolutely. There is far greater space for collaboration. Equally, however, there are challenges for a force such as Bedfordshire, and I have not painted a particularly rosy picture of our finances and the challenges we face. There needs to be Government influence over these measures—these things cannot just be left at local level. Cambridgeshire and Hertfordshire have had two good police and crime commissioners who have been keen to work with Bedfordshire and have made really decent strides in doing so. Ultimately, however, they are accountable to their own residents for making sure that they get the best deal possible.

I want to signal not only the innovation that has gone on in Bedfordshire but my own willingness to explore innovation on, dare I say it, a statesmanlike basis rather than merely withdrawing into oppositional politics. It is important that through this process we get the funding of Bedfordshire right, first and foremost, and then we can look at further collaboration down the line. The police and crime commissioner in this area has the third cheapest operation in the country. In his first three years in office, he saved more than £200,000 in comparison with the old police authority. This is not a case of a profligate police and crime commissioner trying to make a particular case to Government.

This issue has spanned the terms of Labour and Conservative Governments. Like the Home Affairs Committee, we welcome the Minister’s willingness to engage to get the funding formula right. We are doing all the things that we are being asked to do, and doing the right thing by our residents. Everything that would be expected of Bedfordshire is being done. The acid test of this police formula is whether Bedfordshire and other significantly disadvantaged forces are properly funded, alongside other police forces. It is now time for the formula, the Minister and the Government to do right by us.