Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 14th July 2020 Commons Chamber

[Christian Wakeford (Bury South) (Con)]

What discussions he has had with Cabinet colleagues on supporting victims of domestic abuse.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

My Ministers and I are in regular contact with our counterparts across Government and the sector to ensure the smooth passage of the Domestic Abuse Bill and to provide timely support for victims at this difficult time. We announced £76 million to support the most vulnerable during the pandemic, including survivors of domestic abuse and sexual violence.

[Andrea Jenkyns [V]]

One in six crimes in West Yorkshire are linked to domestic abuse. Lifting the lockdown restrictions may lead to an increase in reporting of this type of crime. What plans are in place to enable courts to deal with these cases swiftly?

[Robert Buckland]

My hon. Friend is right to talk about a local aspect to what is a national issue. The courts continue to prioritise cases of the utmost seriousness, which include domestic abuse. On 1 July we published a courts recovery plan, setting out how we are preparing to operate courts and tribunals after the pandemic, which includes priority being given to domestic abuse cases.

[Mark Pawsey]

I welcome the Secretary of State’s remarks about priorities. The fact that courts have not been able to sit because of the covid-19 emergency has led to some hearings relating to domestic abuse being delayed, which is particularly damaging where child custody is contested and access to children is involved. What steps is he taking to ensure that these cases are heard at the earliest opportunity?

[Robert Buckland]

I thank my hon. Friend for that question. He will be glad to know that we are promoting access to the family courts via video or telephone, as well as through the 157 priority courts that remained open throughout the pandemic for essential face-to-face hearings. Domestic violence protection orders and non-molestation orders continue to be listed for urgent hearings, despite the current restrictions.

[Suzanne Webb]

On Black Country Day, it is fitting that I pay tribute to Sam Billingham, a constituent of mine who, necessitated by her experience, founded her own domestic violence charity in the west midlands called SODA, which offers support for domestic abuse survivors. What is the Ministry doing to ensure that domestic violence survivors who do not have access to a lawyer can apply for domestic abuse injunctions?

[Robert Buckland]

I readily join my hon. Friend in paying tribute to the work of local campaigners such as the ones in her constituency. She will be pleased to know that we are providing £800,000 of funding to the FLOWS—Finding Legal Options for Women Survivors—project run by RCJ Advice, which provides free legal support to victims of domestic abuse who wish to apply for an emergency protective order from the courts. That funding is used to provide a helpline and email service, where victims can be referred to a legal aid solicitor or receive free advice directly.

[Mr Speaker]

The hon. Member for Wakefield (Imran Ahmad Khan) is not online, so we will go to Ben Everitt.

[Ben Everitt]

Will my right and learned hon. Friend join me in paying tribute to grassroots organisations such as MK Act in my constituency, which has worked tirelessly to assist victims of domestic abuse throughout the lockdown? I would like to make the House aware of the Open University open justice team, who have collaborated with the charity Support Through Court to launch free online resources to support those dealing with domestic abuse.

[Robert Buckland]

I am delighted to hear of the excellent work done by those organisations in Milton Keynes. We fully recognise the role that charities across the country play in providing vital services, which is why we announced £28 million of funding across Government to support domestic abuse charities providing services in safe accommodation and in the community. I am aware of the collaborative work done between the Open University and Support Through Court. That work was funded, in part, by a Ministry of Justice grant.

[Christian Wakeford]

I was proud to support the Domestic Abuse Bill in this place last week, which shows that we are tackling this serious crime and protecting victims. Most domestic abuse charities reported an increase in cases during the lockdown and fear a further surge in cases as restrictions are lifted. While I appreciate the money that the Government have made available for charities during lockdown, will my right hon. and learned Friend fight for additional funding to support the expected surge in demand from domestic abuse survivors?

[Robert Buckland]

I pay tribute to my hon. Friend’s diligence in this area, and I am grateful to him for high- lighting the challenges. He will be glad to know that of the £76 million that we announced in May to help the most vulnerable people in society, £10 million has been allocated for charities providing safe accommodation, such as refuges; £2 million has been allocated for national and other non-local charities providing support to victims of domestic abuse in the community; and £25 million is already being allocated via police and crime commissioners for support services for victims of domestic abuse and sexual violence. Finally, there is an additional £3 million specifically to fund independent sexual violence advisers for the next two years.

[Sarah Jones (Croydon Central) (Lab)]

What steps his Department is taking to support children and young people who come into contact with the criminal justice system.

--- Later in debate ---

[Imran Hussain (Bradford East) (Lab)]

What progress he has made on implementing the recommendations of the Lammy Review, “An independent review into the treatment of, and outcomes for, Black, Asian and Minority Ethnic individuals in the Criminal Justice System”, published in September 2017.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

We remain absolutely committed to taking forward every recommendation that falls to Government and to completing the action on all those within our responsibility over the next 12 months. Recently, in February, we provided a further progress report in which we describe the undertakings to which we have committed the Department in relation to the recommendations.

[Lilian Greenwood]

Black and minority ethnic young people already face discrimination in the jobs market, and those with a criminal record are doubly disadvantaged. By putting barriers in the way of young people who have changed and present no significant risk to others, the criminal records system traps them in their past. The Taylor review recommended reform to ensure that young people are not unnecessarily held back by childhood offences, but my right hon. Friend the Member for Tottenham (Mr Lammy) called for a new approach, learning from the system for sealing criminal records adopted in many US states. When will the Government implement Lammy review recommendation 34 and allow young people to demonstrate that they are more than their past?

[Robert Buckland]

I am grateful to the hon. Lady for that question. She will be glad to know that only last Thursday the relevant statutory instrument was laid before the House to remove both the requirement for automatic disclosure of youth cautions and the multiple conviction rule, which cause problems for people who have old convictions, regardless of their nature or the sentence. I want to go further. I have considered carefully the recommendation of the right hon. Member for Tottenham (Mr Lammy), and the sentencing White Paper later this year will have further proposals for reform of the Rehabilitation of Offenders Act 1974.

[Imran Hussain [V]]

Stop-and-search is a misused, overused and discriminatory police tactic disproportionately applied to black, Asian and other minority communities, which results in deep resentment and distrust towards the police and the Government. Will the Government, at the very least, hold their hands up and accept that many black, Asian and other minority men, women and children are stopped and searched not on the grounds of evidence or reasonable belief but because of the colour of their skin?

[Robert Buckland]

I share with the hon. Gentleman a deep abhorrence of arbitrary use of police powers, including stop-and-search. We have committed—as we should—to a principle of intelligence-led policing. That means police officers acting lawfully, on reasonable grounds, and not profiling or stereotyping any person because of the colour of their skin. There should be no place for that in our society.

[Mr David Lammy (Tottenham) (Lab)]

As we have heard, recommendation 34 of the Lammy review said that the criminal justice system

“should learn from the system for sealing criminal records employed in many US states.”

I welcome the Government’s finally responding last week, after 18 months, with plans to comply with the major Supreme Court decision on filtering youth cautions, and the indication that I think the Secretary of State has given on meeting recommendation 34. Will he undertake to consult with Unlock and other groups who have campaigned long on this issue and speak to me in preparation for bringing forward those planned guidelines?

[Robert Buckland]

I am grateful to the right hon. Gentleman, who has always come to this matter with great responsibility and constructive engagement. In that spirit, I am more than happy to continue engaging with him. I will, of course, speak to the charities he mentioned, whom I know well, and other major stakeholders such as Lord Ramsbotham, in pursuance of preparation of a policy that I very much hope will command the support of all corners of the Chamber.

[Sir David Evennett (Bexleyheath and Crayford) (Con)]

What steps his Department has taken to protect prison staff during the covid-19 outbreak.

--- Later in debate ---

[Matt Vickers (Stockton South) (Con)]

If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

Covid-19 presents one of the greatest peacetime challenges that the United Kingdom and the justice system have ever faced, but throughout the crisis, we have kept courts open, we have kept cases flowing through the system and justice has been delivered, especially for the most vulnerable victims and with regard to dangerous offenders. We are ahead of comparable systems around the world and we should recognise the hard work that has allowed that to happen. Technological innovation has accelerated throughout the system, with over 14,000 cases heard remotely. Jury trials have safely restarted, with 48 Crown court centres now hearing trials, and Her Majesty’s Courts and Tribunals Service has published a plan that clearly outlines the next steps. We are not there yet and we are continuing to work on increasing available court capacity, ensuring that technology can be more effectively used throughout the system and exploring all necessary and appropriate options. This comes together with the biggest increase in the court maintenance funding structure for over 20 years.

[Matt Vickers]

In green spaces across my constituency, litter picks used to result in us picking up cans, bottles and crisp packets, but now, more and more, we are finding numbers of nitrous oxide canisters. There is an increasing number of youngsters putting their health and lives at risk using this psychoactive substance. Will my right hon. and learned Friend look at this with colleagues across Government so that we can get a grip of this growing and dangerous issue?

[Robert Buckland]

I am grateful to my hon. Friend for that question. He can be reassured, first of all, that nitrous oxide is a psychoactive substance classified under the Psychoactive Substances Act 2016, and it is an offence to supply it if someone knows, or is reckless as to whether, it will be used for its psychoactive effect. The most recent assessment of the drug was in 2015, when the Advisory Council on the Misuse of Drugs concluded that there is evidence that the use of the drug can cause harm, but I would be more than happy to discuss the matter further with him.

[Mr David Lammy (Tottenham) (Lab)]

A decade of underinvestment and savage cuts to legal aid critically weakened the criminal justice system long before coronavirus. Time and again, month after month, the Bar Council, the Law Society and so many others have warned the Government about the dire predicament faced by legal aid practitioners up and down the country, but the Government’s much delayed review of criminal legal aid is nowhere in sight. Will the Secretary of State commit to expediting the criminal legal aid review and provide a deadline by which it will report?

[Robert Buckland]

I am surprised by the right hon. Gentleman’s characterisation of the criminal legal aid review. Indeed, we have completed part 1 and the consultation has been completed, and we are proceeding with all expedition to implement the accelerated requests of the Bar and the solicitors’ professions. We are moving into part 2 and I want to get on with it. The right hon. Gentleman knows that I had over 20 years as a legal aid criminal practitioner; and I saw, shall we say, a Government of which he was a member sometimes revelling in cuts to legal aid. We need to work constructively together on this now to help the professions that we both support.

[Mike Wood (Dudley South) (Con)]

May I wish you a very happy Black Country Day, Mr Speaker?Our prisons are primarily a place of punishment and deprivation of liberty, but maintaining and supporting family links are important for rehabilitation and for offenders’ lives after release. What progress is being taken on allowing prison visits to start again so that those links can be preserved?

[Robert Buckland]

My hon. Friend is right to ask about the plan that we issued in June to clear a pathway for the easing of restrictions in our prisons gradually and cautiously, always guided by public health advice and designed to keep staff and prisoners safe. We are now seeing prisons start to open up, including prison visits in places such as HMP Humber. I pay tribute to everybody who has worked so hard to make that experience a safe one. So far, around half of all our prisons have begun to ease some restrictions. Progress is being made.

[Wera Hobhouse (Bath) (LD)]

We have already heard a response on legal aid, but may I push the Lord Chancellor a little further? Restoring legal aid for early legal advice from a solicitor would help to resolve more cases before they reach court, speed up cases that proceed to trial and get rid of the backlog. As we have just heard, our justice system is only as good as the access to it for everybody. Will the Secretary of State please consider restoring legal aid, at least for early advice?

[Robert Buckland]

The hon. Lady brings together two issues. With regard to criminal trials and the like, of course legal aid remains available, subject to the means test. That is absolutely essential—from the police station onwards. With regard to more general legal advice, she will be glad to know that £5 million was allocated for the extra provision of early legal advice. That is a deep commitment of both me and the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk). We are working with our officials to ensure that that is applied intelligently, in a way that diverts and prevents litigation, rather than exposing people to what can be a lengthy and burdensome process.

[Scott Mann (North Cornwall) (Con)]

Meur ras, Mr Speaker. What steps is the Department taking to support victims of crime specifically in Cornwall?

[Robert Buckland]

My hon. Friend always speaks with passion on behalf of victims of crime in North Cornwall. He knows that the county of the Duchy sits within the Devon and Cornwall police and crime commissioner area, which has received over £2 million of funding to support victims of crime this financial year. The Ministry of Justice provides £510,000 of funding directly to five sexual violence support providers in the PCC area through the rape support fund. We have allocated another £439,000, which has been distributed to local providers via the PCC, to support victims of domestic and sexual violence. An additional £195,000 of covid-19 extraordinary funding has been distributed to rape support centres in the Devon and Cornwall PCC area through the rape support fund.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

Kinship carers ensure that children who cannot live with their parents can stay safely within the family network. They are nothing short of heroes, yet many end up paying thousands in legal fees just to secure the right to look after those vulnerable children. Will the Lord Chancellor pledge urgently to bring forward legal aid reforms for special guardians in private law cases, and go further to ensure that kinship carers are not left out of pocket for doing the right thing?

[Robert Buckland]

I am grateful to the hon. Lady for raising that specific point. It deserves closer scrutiny, and I would be happy to engage directly with her on the issue.

[Suzanne Webb (Stourbridge) (Con)]

On Black Country Day, what measures is my right hon. Friend taking to reduce the backlog of court hearings that have arisen from covid-19?

[Robert Buckland]

I am very grateful to my hon. Friend for that nudge. I apologise to my hon. Friend the Member for Dudley South (Mike Wood) for not joining in the celebrations for Black Country Day. I will not attempt the accent. Some people think I am not a bad impersonator, but we will move on swiftly.

Recovery continues each week thanks to the hard work of professionals right across the system. More than 150 courts remained fully open throughout the pandemic and we now have over 300 courts and tribunals fully open. As I said in my initial remarks, we are developing and opening new court capacity. I urge providers and interested parties in the Black Country area to come forward and make suggestions to Her Majesty’s Courts and Tribunals Service for suitable buildings we can use to ensure that we ramp up court capacity and deal with the caseload.

[Daniel Zeichner (Cambridge) (Lab)]

People working in the criminal justice system in Cambridge tell me that because of the current measures there is limited court time available and backlogs are building up. However, when they suggest moving to available suitable premises—nearby arts premises and so on—they get very little response. Will the Secretary of State talk to the Her Majesty’s Courts and Tribunals Service to get some action on this and get justice moving in Cambridgeshire?

[Robert Buckland]

I listen with interest to the hon. Gentleman’s observations. I am extremely keen for local initiative to flourish. We are seeing that in other court centres right across the country. If there are further blockages, please come to me directly, because I am champing at the bit to make sure we can expand capacity as quickly as possible.

[Fiona Bruce (Congleton) (Con)]

What initial response do Ministers have to the latest report from the Joint Committee on Human Rights on children whose mothers are in prison? What progress has been made in accordance with the Government’s announcements of March and April this year for the early or temporary release of some low risk mothers during the corona- virus crisis while visiting restrictions are in place?

[Robert Buckland]

I am very grateful to my hon. Friend, who is a member of the Joint Committee on which I served in a previous Parliament. I am grateful to the Committee for its report on human rights and the Government’s response to covid-19 in that respect. We will respond very shortly. The early release processes continue, with Her Majesty’s Prison and Probation Service continuing to consider eligible women for release on a rolling basis. A number have been released. In response to an earlier JCHR report about mothers and babies, we began a fundamental review of the operational policy with regard to mother and baby units. A report summarising our key policy reforms will be published in due course.

[David Linden (Glasgow East) (SNP)]

As we heard earlier, the Scottish Government plan to legislate to secure economic, social, cultural and environmental rights in devolved areas. Will the Lord Chancellor commit to match that legislation with a Bill that would take those rights right across the UK?

[Robert Buckland]

I think it would perhaps be a little reckless of me to commit to more legislation. I already have a very full legislative agenda, but I am certainly happy to engage further with the hon. Gentleman on that specific issue. I want to make sure that our great four nations stay as one undivided Union wherever possible.

[Rob Butler (Aylesbury) (Con)]

Children do not instantly turn into adults on their 18th birthday, yet our justice system often treats them as though they do, despite a huge amount of evidence that neuro- logical development continues well into the 20s. Will my right hon. and learned Friend look into ways the entire criminal justice system can better reflect the increased knowledge about maturity, perhaps starting with the sentencing Bill his Department is currently working on?

[Robert Buckland]

I pay tribute to my hon. Friend for his previous service as a member of the Sentencing Council and his work in the youth justice sphere. He is right to recognise that the 18 to 25 cohort have distinct needs relating to maturity and development. In his constituency, excellent work goes on with regard to the neurological challenges that he mentions at Her Majesty’s Young Offender Institution Aylesbury. I will, of course, further engage with him and others on this issue as we develop the White Paper.

[Alex Norris (Nottingham North) (Lab/Co-op)]

Ministry guidance is clear that a positive whistleblowing culture can save lives, jobs, money and more, yet unions consider the current procedures to be unfit for purpose and are calling for urgent changes, starting with a single dedicated hotline for reporting concerns. Will the Secretary of State listen to his staff and take action to protect them?

[Robert Buckland]

I am very grateful to the hon. Gentleman. We already have the reporting wrongdoing integrity hotline, which is in place to allow HMPPS staff to raise any concerns they may have. Relevant guidance for employees and managers is available through the internet and the myHub service. HMPPS is reviewing and updating the policy. We very much hope it will be published later this year, following close liaison with the trade unions.

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

Following on from that answer, does my right hon. Friend accept that there are grave concerns among prison staff about the inadequacies of the current whistle- blowing system? Will he undertake an urgent review to satisfy himself that it is fit for purpose? If it is not, will he set up a new whistleblower hotline which staff can use with the confidence that it is truly confidential?

[Robert Buckland]

I pay tribute to my hon. Friend for his assiduous representation of the many hundreds of prison officers in his constituency, and he is right to draw my attention to those concerns. I repeat the assurance that we are reviewing that policy. I want to get it right; I want whistleblowing to be a safe and meaningful exercise for all staff, and I am happy to undertake that review, which will be completed later in the year.

[Fleur Anderson (Putney) (Lab)]

The new Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June, set a standard fixed fee that will make legally aided complex asylum and immigration work financially unviable. Will the Secretary of State commit urgently to assessing the impact of that fixed fee and to funding a system that pays a fair wage to legal aid lawyers, to ensure that access to justice is not denied to some of the most disadvantaged people in our communities?

[Robert Buckland]

The hon. Lady will be glad to know that I have already committed to the second stage of the consultation to do that, to reflect fully the nature of the work undertaken by immigration practitioners. Our aim in the first stage was to quickly bring forward increases to reflect important work on skeleton arguments —it was always a first stage. I have made that commitment and we are going to get on with the consultation, as we always planned.

[Paul Bristow (Peterborough) (Con)]

My constituency contains HMP Peterborough, a privately operated prison. What reassurances has my right hon. and learned Friend been given by prison operators about their handling of covid-19, and what support is available from the Ministry?

[Robert Buckland]

I know that my hon. Friend takes a great interest in the work of the staff at HMP Peterborough. It has been a difficult time for all prisons, whether publicly or privately managed. The staff are hidden heroes, and I know he would join me in applauding their dedication to public service. We have worked closely with our privately managed prisons throughout this period. As with the public sector, the staff have responded with care and compassion to support prisoners through the pandemic, helping them to maintain family ties and providing them with in-cell materials, exercise, distraction, activity packs and reading matter.

[Sarah Jones (Croydon Central) (Lab)]

We have the lowest rates of children in custody for years, which is great, but nine of the 10 children currently in custody in Croydon are black. That is a small statistic, but I suspect there is underlying discrimination and racism. One month on from the Prime Minister’s announcement of a commission to investigate racial inequality, can the Secretary of State give us any intelligence as to when it will be set up, who will chair it, what its terms of reference will be and whether we will see some action?

[Robert Buckland]

I am grateful to the hon. Lady for her question. She is right to highlight the tremendous success in the reduction of the number of children in custody, but the disproportionate number of black, Asian and minority ethnic children is of real concern. There are issues, identified in the Lammy review, among other things, relating to how legal advice is tendered and to engagement with the system. She will know that already, as a result of that review, we have started the “Chance to Change” pilots on different ways of dealing with allegations against black and minority ethnic youngsters. As for the wider work of government, I do not have those details at the moment, but I will make sure she is furnished with them as soon as possible.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.