Robert Buckland
Main Page: Robert Buckland (Conservative - South Swindon)Department Debates - View all Robert Buckland's debates with the Ministry of Justice
(3 years, 9 months ago)
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Dr James Davies (Vale of Clwyd) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
We are determined to work across Government to modernise the Mental Health Act 2007 so that it ensures that patients receive the right care in the right setting at the right time. Prison should be a place for rehabilitation, not a convenient holding pen for those people for whom mental health is the primary driver of their offending.
Suzanne Webb
What is the timetable for the Mental Health Act consultation and how can interested parties participate?
Robert Buckland
I am grateful to my hon. Friend for her continuing interest in this important process. We are consulting widely on these proposed reforms, including service users, carers and professionals, to ensure that we get this once-in-a-generation opportunity right. The consultation is now available on the gov.UK website, and will close on 21 April.
Dr Davies [V]
Will the Secretary of State explain how reforms of the Mental Health Act will strengthen the role that the justice system plays in protecting society’s most vulnerable, both in north Wales and across the country?
Robert Buckland
I am very grateful to my hon. Friend who, from his professional experience, has a great deal of expertise and knowledge in this area. Among other reforms, we want, in particular, to increase patient access to the Mental Health Tribunal, which provides vital independent scrutiny of detention orders. We wish to expand its powers so that it plays a greater safeguarding role. Health policy is devolved to Wales, so it will be for the Welsh Government to decide whether they wish to join the UK Government on many of our reforms in the White Paper, and we will continue to work closely with them in order to secure that partnership.
Sarah Olney (Richmond Park) (LD)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
With regard to the legal aid sector during this crisis, we have expanded the scope of and relaxed the evidence requirements for hardship payments in Crown court cases, including reducing the threshold for work done; we have increased opportunities to claim payment on account in civil legal aid cases, as well as increasing the amounts; we have halted the pursuit of outstanding debts owed by providers of legal aid to the Legal Aid Agency; and we have suspended sanctions in relation to mixed deadlines. That is in addition to the range of measures that we have taken in order to support the sector through this crisis.
Sarah Olney [V]
The latest Ministry of Justice figures show that there are 56,544 outstanding Crown court cases at the end of January. Given that defence lawyers are paid for litigation when a case finishes, can the Secretary of State confirm what steps have been taken to assist legal aid lawyers with their cash flow at this time?
Robert Buckland
The hon. Lady will be glad to know that, as I referred to in my initial reply, we have already relaxed the evidence requirements for hardship payments and, importantly, reduced the threshold for work done by criminal lawyers to £450 from the current £5,000. It is absolutely essential that we maintain throughput, and as we move on through this year with the road map out of lockdown, I am confident that the court system will be able to list even more proactively, making sure that there is plenty of work for dedicated criminal legal aid lawyers.
Karl Turner (Kingston upon Hull East) (Lab) [V]
The independent criminal legal aid review is a once-in-a-decade opportunity to fix a vital element of our criminal justice system. There are more than 400 fewer criminal legal aid firms today than in 2015. That means that more than one in four has left the system. When these firms fold, legal aid family law departments often go with them, leaving domestic abuse victims without representation. Does the Secretary of State agree that the Government cannot simply wait for the recommendations of CLAR before taking action and that we must make sure that the number of unrepresented domestic abuse victims does not increase yet further.
Robert Buckland
The hon. Gentleman is right to talk about the need for representation for domestic abuse victims. He knows, of course, that in criminal scenarios the Crown Prosecution Service will act with regard to the prosecution of offences. He will also note that, in phase 1 of the CLAR process, up to £51 million a year has already been injected into criminal legal aid fees. That is the most significant increase in investment in legal aid for a quarter of a century. We are working on the existing body of evidence with the new chair of the criminal legal aid review, Sir Christopher Bellamy QC, who is already engaging with the professions. I am confident that his work will deal not only with the situation with regard to fees in court, but, as he says, the “sustainability” of those criminal legal aid firms that are the lifeblood of representation in that sector.
Cat Smith (Lancaster and Fleetwood) (Lab)
Imran Hussain (Bradford East) (Lab)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Legal Aid Agency is currently acting to fill any gaps in the market, and it frequently renews capacity, to ensure adequate provision. We are currently considering civil legal aid market sustainability, and I have provided £5.4 million in emergency funding for not-for-profit legal advice providers during covid-19.
Imran Hussain [V]
Bradford’s community advice centres that provide legal support have been devastated by the Government’s funding cuts and preference for bigger providers. As a result, some of our excellent, hard-working, local grassroot community advice centres have been run into the ground, creating legal aid and advice deserts in some of our most vulnerable communities that need the greatest support. Will the Justice Secretary commit to a “local first” policy, to ensure that community advice centres get the funding they need to help some of society’s most vulnerable people, who cannot afford help elsewhere? Will he commit to ensuring an increase in the number of grassroot community advice centres in Bradford?
Robert Buckland
The hon. Gentleman is right to talk about the importance of community provision. Indeed, among those sectors that were helped by the £5.4 million funding during covid was the Law Centres Network, which plays an invaluable role. He will be glad to know that the Legal Aid Agency has launched a procurement process to identify new providers in the areas of housing and debt, where there is currently little or no provision, to help citizens get that advice. It will shortly announce a positive outcome to that process.
Ruth Jones (Newport West) (Lab)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
At the beginning of the pandemic, we were guided by public health advice, and we took immediate and decisive action across prison, probation, youth justice and courts services, to implement a range of measures to respond. Our protection of those in prisons, through compartmentalisation, testing, the use of exceptional delivery models and probation services and the creation of Nightingale courts, alongside physical changes to courtrooms and increased video technology, helped to mitigate the severe impact of the pandemic.
Ruth Jones [V]
I am grateful for the Lord Chancellor’s response. We all know the impact that the pandemic has had on life in our country, and I have seen for myself its impact on many communities who live, learn and work across Newport West. What discussions has he had with the Welsh Government about ensuring that those who need justice are able to get it in a timely manner?
Robert Buckland
The hon. Lady will be glad to know that I regularly engage with the Welsh Government, Her Majesty’s Courts and Tribunals Service, and Her Majesty’s Prisons and Probation Service in Wales to ensure that the prison estate is safe, and the probation service is delivering. We have heard about the sobriety tags that have been piloted in Wales, and our courts are working well. I am glad that in Wales the management of cases has demonstrated that, now that there is no backlog. In particular, Newport Crown court was home to a multi-handed murder trial, which was dealt with successfully in recent weeks. A lot of good work is going on in Wales. Wales is leading the way, and I am proud of that.
Kerry McCarthy (Bristol East) (Lab)
Rob Butler (Aylesbury) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Last week, we introduced the Police, Crime, Sentencing and Courts Bill. This landmark piece of legislation will deliver on the commitments that I made in the White Paper to make punishments tougher for the most serious offenders and those who commit crimes against women and girls, and to introduce more effective community sentences. We are working on those non-legislative reforms in the White Paper that aim to tackle the underlying causes of criminal behaviour and to improve the rehabilitation of offenders in our community.
Rob Butler [V]
I thank the Lord Chancellor for that answer. Over the years that I have been involved in the criminal justice system, I have often been struck by the potential for technology to play a greater role in keeping the public safe, punishing criminals and helping to reduce reoffending. I wonder whether my right hon. and learned Friend can tell the House how measures in the White Paper will enable the courts, prisons and probation services to exploit new technology.
Robert Buckland
As ever, I am grateful for my hon. Friend’s continued commitment to this issue. We are expanding the use of electronic monitoring to support robust and responsive community supervision. Following its well-received launch in Wales, as I mentioned, courts in England will shortly be able to impose the alcohol abstinence and monitoring requirement—the sobriety tag—to help tackle offending. We will shortly lay legislation to impose GPS tracking on offenders released from custody who have committed burglary and theft offences. The Bill will extend the maximum length of a curfew from 12 months to two years, making the use of those powers more flexible, and we will use those powers to test the house detention order concept outlined in the White Paper to see how that can contribute to reducing reoffending.
Ms Lyn Brown (West Ham) (Lab) [V]
The Secretary of State’s own strategy says that short prison sentences for women do not work because they fail to tackle the reasons women are there, which is often due to the abuse and trauma caused by the men in their lives. His own strategy says that. When the Government’s neglect of crimes against women is under the spotlight, why is he still insisting on spending another £150 million on ineffective prison places when that money could be spent on action to break the cycle of abuse and reoffending?
Robert Buckland
The hon. Lady is absolutely right to refer to the female offender strategy, which is at the heart of our approach to women offenders—the trauma-informed approach that she knows is so important. I can reassure her that the prison places that we are building will improve and enhance the existing female estate, some of which, frankly, is not fit for purpose. This will replace and revivify the estate and allow women to be in a secure environment where they can do purposeful activity, support each other and, indeed, benefit—[Interruption.] I do not know why Labour Front Benchers think it is so funny, Mr Speaker. I have certainly supported the female offender strategy, and I will repeat the point that what we are doing is improving and enhancing the custodial experience while delivering the strategy and, of course, residential centres such as the one in Wales that will be opening very shortly indeed. [Interruption.] I really fail to see why women offenders are so funny, Mr Speaker.
Mr Speaker
Can I just reassure you, Secretary of State, that they were not laughing at you? I think it was the expressions of the shadow Minister that they were laughing at—and people might think that those on the Government side were, too. I just want to reassure you that nobody was laughing at that situation.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The entire country has been shocked and appalled by the disappearance of Sarah Everard and the discovery of her body last week, and I know the thoughts of the whole House are with Sarah’s family and friends. Our minds are also on our constituents—the women who have shared their own stories of harassment and harm over the last week. After a quarter of a century of working with victims as a criminal practitioner and sitting as a part-time judge, and as someone who has worked with Members of all parties to successfully include stalking offences in our criminal law, and having taken groundbreaking legislation through this House on coercive control, these stories were all too depressingly familiar to me. Our country today should be a place where no woman has to live in fear of men, and I will continue to work tirelessly to build a criminal justice system that is better able to protect women and girls and that, most notably through our landmark Domestic Abuse Bill and the Police, Crime, Sentencing and Courts Bill, delivers more protection. The Government will work across this House to achieve that end.
Stuart C. McDonald [V]
I thank the Justice Secretary and echo the sentiments that he expressed.
It was the Justice Secretary who made the required statutory statement that the Police, Crime, Sentencing and Courts Bill is compatible with convention rights, but given the many voices expressing grave concerns about the impact of that Bill on our human rights —especially rights relating to protest—did he have second thoughts about making that statement and, most importantly, will he listen to those concerns and act on them?
Robert Buckland
I thank the hon. Gentleman for his comments, but no, I do not have any second thoughts. The particular provisions on protests are a reflection of the Law Commission’s 2015 report and of the common law in England and Wales on public nuisance, which refers to, among other things, “annoyance”, “serious annoyance” and other terms that are well known to law. The maximum penalty in common law for public nuisance was life imprisonment. That is being reduced to 10 years. Frankly, I really do not see what the fuss is about. I rather think it is a confection designed to assist an Opposition in difficulty.
Mr Speaker
Let us go to Sir Robert Neill, the Chair of the Justice Committee.
Sir Robert Neill (Bromley and Chislehurst) (Con) [V]
I, and I am sure all the members of the Justice Committee, will also want to associate ourselves with the Secretary of State’s comments. Does he agree that protection of the public is served not only by deterrent sentencing where necessary, but by a much a broader and more nuanced suite of alternatives for less serious offenders? Can he help us, in particular, on the timescale for the roll out of problem-solving courts, which have been called for by the Select Committee and by many other commentators over a number of years, but which, until now, have perhaps not always had the ministerial or governmental impetus behind them that is required to make them succeed as part of that smarter sentencing package?
Robert Buckland
I am grateful to my hon. Friend the Chair of the Justice Committee for raising the important issue of problem-solving courts. This will be an opportunity to bring together not just the courts system but other agencies around the issue in order to deal with the particular challenge being faced by a family or by somebody who has been accused of a criminal offence. The work on this is ongoing, and I want to launch the pilots later this year. This is very much at the heart of the sentencing White Paper that I published last September. It is all about getting smart on sentencing and making sure that we reflect the reality of the challenges that are often faced by our courts.
Mr David Lammy (Tottenham) (Lab)
A study by UN Women UK has shown that 97% of young adult women in the UK have experienced sexual harassment in public places. One in five women will suffer sexual assault in their lifetime. Under the Lord Chancellor’s watch, rape convictions have fallen to an all-time low of just 1.4%. What does he have to say to the 96% of abuse victims who feel it is no longer worth making a complaint? What does he have to say to the 45% who said complaining would make no difference? What does he have to say to all women who have suffered abuse and who have given up hope of this Government’s ability to deliver justice?
Robert Buckland
The right hon. Gentleman is right to raise the worrying statistics about the gap that exists between the system and the confidence of women, in particular, who feel that the system does not work for them. I would remind him that this Government have pioneered important legislation in areas such as coercive control, stalking reform, and the changes in the Domestic Abuse Bill that I know he and his party support and that have been further refined in their lordships’ House to include offences such as non-fatal strangulation, an extension to coercive control, and threats to inflict revenge porn. We are able, in the Bill that we are debating today, to go even further and impose longer sentences for those who commit crimes predominantly against women and girls. He and his party have an opportunity tonight to help the very women that he talks about, but they choose to vote against the Bill and not to support the Government in their fight against crime and in their support for victims such as women and girls.
Mr Lammy
The Secretary of State has got to watch it, because I think he is getting annoyed, and he has made that something that you can go to prison for in the Bill that we are voting on a bit later.
Some 80% in prison of women are there for non-violent offences, serving short sentences that the Government know do not work. Most are themselves victims of crime—often much more serious crimes than those they have been convicted of. Separated from their families, they lose their children, their jobs and their hope. They make up 5% of the prison population, but they account for almost 20% of the self-harm, which has gone up under the Secretary of State’s watch. While he works to save statues and gag protesters, more and more women become victims. When will he admit that his Government just do not care?
Robert Buckland
I think I am entitled to be more than a little annoyed by the refusal of the Opposition to come together to work to achieve a better society for women and girls—[Interruption.] No, they have chosen the path of party politicking, and in an attempt to cover the deep divisions that exist on their side, they are politicising an issue that should rise above politics. I am deeply disappointed and, yes, I am annoyed on behalf of the thousands of women and girls who see this as an opportunity for change. The right hon. Gentleman is rejecting that, he is voting against tougher sentences, and he will have to answer to his constituents and the country.
Laura Trott (Sevenoaks) (Con) [V]
Anne McLaughlin (Glasgow North East) (SNP) [V]
Will the Cabinet Secretary or a Minister welcome the announcement from the Scottish National party Government that while the UK Government seem intent on rolling back human rights in the UK, Scotland will aim to strengthen them in a truly groundbreaking human rights Bill? That Bill will incorporate four United Nations treaties, to further enhance the rights of women, people with disabilities, older people and minority ethnic communities. Does the Minister agree that independence is the only way for the people of Scotland to truly safeguard their fundamental human rights?
Robert Buckland
If the answer to the hon. Lady’s question is separation, it is entirely misconceived. The jurisdictions of England and Wales, Scotland and Northern Ireland should be standing shoulder to shoulder in that fine tradition of the rule of law and respect for human rights. She correctly refers to the Holyrood Parliament’s decisions, and of course we respect that, but across the UK we have world-leading, world-beating laws and provisions relating to the rights of vulnerable people, which she talks about. The job is to make sure that that becomes more of a reality for more and more people, and that is what we should all be working together to achieve.
Joy Morrissey (Beaconsfield) (Con) [V]
Robert Buckland
I will be making announcements on the independent review and the next steps very shortly. Judicial review plays a vital review in upholding the rule of law, and the reason we established the review was that we wanted to look carefully at whether it was running as it needs to or whether changes will be needed. I will make announcements to this House very shortly.
Munira Wilson (Twickenham) (LD)
Robert Buckland
I am grateful to the hon. Lady for raising that question. The primary responsibility for the superintendence of the CPS rests with my right hon. and learned Friend the Attorney General, but the hon. Lady does make an important point about the reputation of the rule of law, and I know that these matters are being looked at carefully. I commend the existing coronavirus legislation to her; it has been carefully sunsetted with review provisions, and I assure her that Ministers, including me, take that responsibility very seriously and will not hesitate to remove provisions that either have not been used or are just not proportionate to deal with the problems we face.
Darren Henry (Broxtowe) (Con) [V]
Robert Buckland
I am delighted to let me hon. Friend know that, as a result of the campaigning that he and other Nottinghamshire colleagues have undertaken, we will be opening a Nightingale court in Nottingham before the end of this month. I agree that adding additional capacity through opening up Nightingales is the key to tackling the higher level of outstanding cases caused by the pandemic. We have now opened Nightingales in every Her Majesty’s Courts and Tribunals Service region, and we are on track to have a total of 60 additional courtrooms by the end of March.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Robert Buckland
I greatly respect the hon. Gentleman, and I am more than happy to have a longer discussion with him in real time about the evolution of the legal aid system, which evolved under Governments of both colours. Civil legal aid was slashed considerably by the Labour Government in 1999. This Government still spend £1.7 billion on legal aid. We are already dealing with criminal legal aid, and have a big review into it. With regard to civil legal aid providers, I have already answered questions about the way we are seeking to procure more housing and debt advice. I assure him that the challenges are great, but my personal commitment to legal aid, having been a practitioner in legal aid in my professional career, is real, sincere and will yield proper results.
Dr Jamie Wallis (Bridgend) (Con)
Robert Buckland
My hon. Friend is a doughty representative of his constituency. Rightly, he has consistently raised those issues with me on behalf of concerned local residents. The Department has already written to residents living near the proposed locations in the options listed. We have advised them of the proposal, and are seeking their views. We also want the views of Senedd Members, local Members of Parliament such as my hon. Friend, and councillors before any final decision is made.
Chris Bryant (Rhondda) (Lab)
Robert Buckland
The hon. Gentleman—I nearly said my hon. Friend—makes a very important point. I am looking very carefully at those provisions. It is important to remember that the magistrates have the power to commit for sentence to the Crown court where they consider their powers to be inadequate. I urge that they do that with regard to particular—[Interruption.] Well, I am listening to him, and I do not want to get into a debate with him, but it is important that that point is strongly made in the guidance issued to legal advisers in magistrates courts. I will look into that point to ensure that the maximum sentence that should be imposed, consistent with the facts in a case, is imposed to meet the justice that this House wanted to achieve for blue light emergency workers.
Mr Speaker
Order. I am suspending the House for three minutes in order for the necessary arrangements to be made for the next business.