Prisons Strategy
Robert Buckland Excerpts(2 years, 5 months ago)
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Madam Deputy Speaker (Dame Rosie Winterton)
Order. We are not making brilliant progress so far, so if we want to get everybody in, we will need fairly short questions and answers.
Robert Buckland (South Swindon) (Con)
Thank you, Madam Deputy Speaker; I will do my best.
I congratulate my hon. Friend the Minister on bringing forward the White Paper, which has been long in the gestation. I am grateful for her commitment to it. Two things: first, when prisoners come into the estate, the importance of understanding neurodiversity and autism needs is very clear. I urge her to visit HMP Parc, where the unit on autism is breathtaking. Secondly, can she outline how, when prisoners leave, resettlement passports and the community accommodation service will make a transformational difference to cutting crime?
Victoria Atkins
I thank my right hon. and learned Friend for all the work he has done on this issue. We are very appreciative of his commitment to it and of his particular commitment to neurodiverse prisoners. We are considering and learning from the joint inspectorate’s call for evidence, and we will very much take those findings into account when we are designing new prisons. The need for continuity of treatment is also central to the White Paper. We want to ensure that treatment that is given in prison continues beyond the prison gates, so that people have the best chance possible of leading lives that are free from crime and safe for the rest of the community.
Ten-Year Drugs Strategy
Robert Buckland Excerpts(2 years, 5 months ago)
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Mr Deputy Speaker (Mr Nigel Evans)
Order. If everybody could resume their seats. As you can see, there is a lot of interest in this. We still have three other bits of business following this so, please, no statements—just ask questions, so I can get in as many people as I possibly can.
Robert Buckland (South Swindon) (Con)
May I commend my right hon. Friend on his statement and on the drugs strategy that he and I worked on together? In particular, I commend Dame Carol Black’s recommendations 17 to 19 relating to the Ministry of Justice—on the treatment of prisoners in custody, arrangements for release and, indeed, the issue of a co-ordinator role in the probation service to join up those vital support services. Will he make sure that those provisions in particular are carried out as soon as possible?
Kit Malthouse
My right hon. and learned Friend was pivotal in the development and thinking around the plan, particularly from a Ministry of Justice point of view, and I am very grateful that he was, given his wide experience. He is quite right that while we can put in place high-quality treatment, it needs to be consistent across the country, particularly for those leaving the secure estate, but it also needs to be part of a jigsaw of recovery that includes housing and employment. The argument he used to make is that for success we need three pillars—a job, a house and a friend—and for a drug addict, that friend can often be a therapist, and we believe the same.
Oral Answers to Questions
Robert Buckland Excerpts(2 years, 7 months ago)
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Sarah Atherton (Wrexham) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I speak regularly with my right hon. Friend the Home Secretary on the actions our Departments are taking to beat crime. Our joint approach will protect the law-abiding majority, swiftly bring criminals to justice, and ensure that offenders are managed with rigour and discipline. Significant work is already under way to deliver on our beating crime plan, including more joint supervision of offenders by probation and the police, working with other local services.
Antony Higginbotham
I thank my right hon. and learned Friend for his answer. One of the key focuses in the beating crime plan is tackling violent crime, something I wholeheartedly endorse, but we know that this often follows drug offences. Can I urge him to review drug sentencing, because often the sentences that go with drug offences do not act as the real deterrent we need to make sure we do not end up with narco-neighbourhoods across the country?
Robert Buckland
I am grateful to my hon. Friend, who speaks passionately for his community. He knows of course that sentencing guidelines are a matter for the independent Sentencing Council. Indeed, earlier this year it issued revised guidelines for drug offences that reflect many of the issues he raises, including the increased exploitation of children and vulnerable people to facilitate drug offences, changes to drug purity and the types of drugs commonly in circulation. Of course, I will continue to speak with him about these important matters.
Sarah Atherton
As we know, antisocial behaviour blights all our towns and cities, and Wrexham is no exception. I welcome this Government’s strong stance to tackle crime through community sentencing orders. Will my right hon. and learned Friend congratulate Inspector Luke Hughes and the Wrexham town police station on their work, collaboratively with the council and other agencies, to tackle antisocial behaviour as our town has reopened and on championing the sobriety tags?
Robert Buckland
I am more than happy to join in that praise. My hon. Friend is right to highlight the local work that has been going on in Wrexham and in Wales. As announced in our beating crime plan, we are going to be trialling alcohol monitoring tags with prison leavers in Wales later this year. That I think will provide a clear incentive for offenders to control their drinking and ensure swift consequences if their alcohol-related risk is escalating.
Dame Angela Eagle (Wallasey) (Lab)
Surely any beating crime plan worth its name should include fraud. Ministers must be aware that a person is more likely to be victim of fraud than of any other crime, yet according to the Home Affairs Committee, a mere 3% of cases reported to Action Fraud even result in a charge or a summons, let alone a conviction. The system is failing and failing badly. When are Ministers going to do something about it?
Robert Buckland
Well, we are. The announcement of a replacement of the Action Fraud system was made some time ago. That represents just the sharp end of the Government’s response to this growing issue. I can assure the hon. Member that the work that goes on with colleagues in the Home Office on fighting economic crime more generally and fraud is sustained. It involves work with the private sector, particularly the financial services industry, to help to design out fraud. So this is an end-to-end approach, and I can assure her that the work continues apace.
Alex Davies-Jones (Pontypridd) (Lab)
Mr Virendra Sharma (Ealing, Southall) (Lab)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I acknowledge the grave concerns of judges, legal professionals and beyond, both here and in Afghanistan, which are real and present. My Department continues to work urgently to support cross-Government efforts to provide safe passage for judges in Afghanistan, including by ensuring that individual cases that are brought to my attention are immediately lodged with relevant parts of the system.
Paul Holmes
We have seen some of the most talented legal professionals leave Afghanistan and come to the UK, and they should have a valuable place in the UK when they come here. What engagement has the Secretary of State had with the judiciary and legal professionals on supporting Afghan judges and legal professionals who will come to the UK or have already arrived?
Robert Buckland
I can reassure my hon. Friend that I am in daily communication with the judiciary and the wider legal profession—in fact, I am in daily communication with judiciary in Afghanistan—and I commend everyone for their efforts to support those judges and those who have dedicated themselves to building the rule of law and human rights in Afghanistan. As an example, the noble Lord Wolfson and I have been in regular contact with Mrs Justice McGowan, and we have discussed ways in which the legal community might provide support to help resettle Afghan legal professionals here in the UK.
Mr Virendra Sharma
After raising directly with the Government hundreds of separate cases covering thousands of people, I know of only two cases that have been resolved. What are the Government doing to help refugees from Afghanistan who are facing massive delays in the tribunal backlog?
Robert Buckland
Let me deal with the specific issue of judges and other lawyers in Afghanistan, because that is what I am directly involved with. Yesterday, the Afghan citizens resettlement scheme was announced. That provides a clear route to safety for judges, who are one of the groups to be prioritised under the scheme. Some judges have already been resettled here in the UK, and I will not rest until everyone who fits those important criteria and needs the support and safety of the rule of law is accommodated.
Mr David Lammy (Tottenham) (Lab)
Last month, soon after the Foreign Secretary was found topping up his suntan instead of doing his job, Labour worked with the Bar Council to send to the Foreign Office a list of 126 Afghan judges who were at risk. We received no response, and our only update was seeing the Justice Secretary publicly celebrating the fact that just nine of them have been relocated to the UK. Can he confirm whether the number of Afghan judges relocated to the UK remains in single digits, what the number currently is, and how much higher he expects it could have been if the Foreign Secretary had not been missing in action?
Robert Buckland
I am sorry, but the right hon. Gentleman has not been in touch with me once about these matters directly. I have been working directly with the legal sector, the Bar Council and individual leading members of the profession, virtually daily to try to identify particular schemes and approaches we can take to assist judges, prosecutors and other lawyers in Afghanistan. I would love to see the list he talks about, because I can assure him that I will not rest until we do everything we can to help these dedicated professionals. I will, of course, keep the House updated on numbers as and when they are made available to me.
Mr Speaker
We just need to tone it down a little bit on all sides. I am concerned about some of the language that gets used and some of the accusations that are being made. I am sure we will be able to move on in a much more reasonable way.
Karl MᶜCartney (Lincoln) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government recognise the deep distress that is caused when a pet is stolen, and the pet theft taskforce carried out a thorough investigation of this issue. Its excellent report, published earlier this month, contains a comprehensive set of recommendations that will allow us to tackle this issue head on.
Jason McCartney
As a fellow animal lover, Mr Speaker, I know that you, like me, will appreciate the extreme distress that the theft of a much loved family pet can cause, particularly with over 2,000 pet dogs reported as having been stolen last year. These measures cannot come soon enough, so can the Justice Secretary confirm how soon they will be brought forward to tackle pet theft?
Robert Buckland
I reassure my hon. Friend that we are already working on the new proposed offence of pet abduction and that work is already under way with many of the other recommendations stemming from the report, such as the review of microchipping and improvements in the recording of these offences. This will continue and I remind the House that the recommendation of the pet abduction offence is leagues better than the weak amendment proposed by Labour.
Tom Randall
I thank my right hon. and learned Friend for his work on bringing criminals to book with the much needed criminal offence of pet theft. Does he agree that it is important that the sentence for this offence, when determined, will reflect the unique emotional suffering caused by the theft of a beloved pet, and will he ensure that that is reflected?
Robert Buckland
My hon. Friend is absolutely right. The use of the term “abduction” is a crucial reflection of the fact that these are sentient beings; they are not mere chattels or goods. The emotional effect both on the pets and their owners has to be taken into account. I think there is a read-across to animal cruelty and the important reforms that we made recently in increasing maximum sentences.
Karl MᶜCartney
I thank my right hon. and learned Friend for his response and for his recent visit to our Crown court in Lincoln castle, the magistrates court in the city and Her Majesty’s prison Lincoln, none of which are up for sale, Mr Speaker, but the judge’s lodgings are, if you are interested. Pets are not just animals; they are often members of families, and many of my constituents in Lincoln would welcome changes to ensure that we protect our pets to the highest possible degree. As well as strengthening prosecution powers through the pet abduction offence and expanding pet ownership databases, does my right hon. and learned Friend agree that we must educate prospective owners to buy pets only from reputable breeders and potentially encompass farm animals in the same legislation?
Robert Buckland
My hon. Friend hits the nail on the head. The idea that buying an animal by the side of the road or in a garage forecourt for cash is somehow legitimate trade is clearly wrong. I am grateful to colleagues at the Department for Environment, Food and Rural Affairs for doing important work on promoting safer purchasing through the “Petfished” campaign. We will build on that in the way in which we identify and track cases better, improve the recording of keepership data and deal with through-the-loophole breeders, who are frankly responsible for a lot of cruelty and suffering.
Karl Turner (Kingston upon Hull East) (Lab)
I rarely congratulate the Justice Secretary, but I do on this issue because he has eventually agreed with Her Majesty’s loyal Opposition about making pet theft a specific offence. On a serious note, I congratulate all the campaigners on the issue, particularly John Cooper, QC, who has done an awful lot of work on it.
The Justice Secretary knows that when the shadow Justice Secretary, my right hon. Friend the Member for Tottenham (Mr Lammy), tabled his amendment to the Police, Crime, Sentencing and Courts Bill, the Tories rejected the idea of a specific offence time and again; I think I am right in saying that the Justice Secretary’s argument was that the Theft Act 1968 was sufficient. The taskforce has now reported, but I am not clear on when we expect the legislation to take effect. When can we expect those who are alleged to have stolen pets to face the criminal courts?
Robert Buckland
I am always grateful for the hon. Gentleman’s words of wisdom, but I will just correct him in this respect: there was a general agreement that the use of theft legislation to deal with what were more than goods and chattels just was not an adequate way to reflect not just the taking of a pet, but the suffering of the pet and of the owner. That is why abduction is a much better read-across, as he knows from the matter of child abduction, for example.
I take issue with the hon. Gentleman on the point and I challenge him and the Opposition: if the matter is brought forward in the Police, Crime, Sentencing and Courts Bill, which they voted against again and again, will they now support it?
John Penrose (Weston-super-Mare) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government are currently consulting on a range of reforms to competition and policy in order to more effectively and swiftly address anti-competitive behaviour. The consultation includes many of the recommendations that my hon. Friend made in his excellent report. As part of it, we welcome suggestions from small businesses about how the system can be improved.
John Penrose
The Secretary of State understands that anti-competitive behaviour is just as likely among small firms as among big ones. The effects are terrible: fast-growing small firms that are future world beaters get throttled by slightly bigger incumbents, levelling up is slower and less likely because competition and productivity are much lower outside London, and residents are left with less choice and more vulnerability to rip-offs. Does he agree that the justice system plays a central role in tackling the problem and ensuring that small firms have some kind of redress? Will he therefore look closely at the proposal in my Government-commissioned report for a new tier of local county competition courts?
Robert Buckland
I will be as brief as I can, Mr Speaker. We have read my hon. Friend’s paper with great interest. With respect, I do not think that the way forward is to create a further tier of specialist courts. However, there is much that can be done with colleagues in the Department for Business, Energy and Industrial Strategy to make sure that the overall structure of the competition mechanism is reformed and improved. His point about access to justice is absolutely right: it should apply to small and medium-sized enterprises as much as to individuals.
Allan Dorans (Ayr, Carrick and Cumnock) (SNP)
Chris Stephens (Glasgow South West) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Naturally, I do not disclose the details of my private conversations with Cabinet colleagues, but they and everybody else should be in no doubt that I am, and will continue to be, a very active Lord Chancellor in supporting the rule of law. I use the authority of my office to advise, to warn and to encourage. I am absolutely committed, under the oath I took, to my constitutional duty to respect the rule of law.
Allan Dorans
The Secretary of State will no doubt agree that for any Government committed to the rule of law, respect for international law is as important as respect for domestic law. Will he therefore join me in condemning suggestions by the Home Secretary that she is prepared to break international refugee conventions and turn away boats in the channel? Will he meet her to stress how damaging that action would be to the United Kingdom’s international reputation and credibility?
Robert Buckland
I assure the hon. Gentleman that my right hon. Friend the Home Secretary has taken the fullest and most comprehensive advice on these matters. There is an immediate challenge: we face the appalling exploitation of people by gangmasters and traffickers across the English channel every day. It is absolutely right that she and Home Office colleagues explore every possible lawful avenue to deal with that. That is what this Government are committed to, and there is no question that her actions would come close to breaking international law.
Mr Speaker
Chris Stephens is not here, so I call the shadow Justice Secretary, David Lammy.
Mr David Lammy (Tottenham) (Lab)
Thank you very much, Mr Speaker.
In the middle of a pandemic, the Secretary of State’s Government are prioritising attacking the Human Rights Act and judicial review, disenfranchising millions of voters with the Elections Bill on voter ID, and, now, threatening to break international law to make it harder for asylum seekers, including those from Afghanistan, to find sanctuary in Britain. The new president of the Law Society recently warned that those measures put respect for the rule of law in jeopardy in the UK. What does the Secretary of State say to the president of the Law Society?
Robert Buckland
I think the right hon. Gentleman will find that, across the piece, the commentary that has followed my speech and the introduction of the Judicial Review and Courts Bill has reflected the fact that this is a measured and incremental approach to constitutional reform, as, I am sure, will be the work on the independent review of the Human Rights Act. The idea that somehow I am the most dangerous Lord Chancellor in history is risible. [Laughter.]
Anne McLaughlin (Glasgow North East) (SNP)
None of this is funny. This Government’s disregard for the rule of law is wide-ranging, as we have heard. They are reducing access to justice, planning, for instance, to remove Cart judicial reviews; the Nationality and Borders Bill simply ignores the refugee convention, while the Police, Crime, Sentencing and Courts Bill strips away legal certainty; and the Secretary of State’s own comments to me in this place on 18 May demonstrated his disregard for our international obligations. Can he match my necessarily shortened list with examples that demonstrate the opposite?
Robert Buckland
I am afraid that that is emblematic of the problem that we are facing. Dressing up legitimate political debate as somehow a direct criticism of our adherence to the rule of law is, I am afraid, a regular trick of the left, and I am not going to fall for that sanctimonious list of nonsense. This Government are absolutely committed to the rule of law across our United Kingdom.
Anne McLaughlin
The Nationality and Borders Bill also lengthens the time for which those seeking asylum must wait for a decision, while shortening the time that they have in which to appeal. As we have heard, 22 female judges are trapped in Afghanistan, and neither yesterday nor today have we heard any firm plans to get them out. If they manage somehow to make it here without our assistance, how surprised does the Secretary of State think they will be to discover the complete disregard for them and for the rule of law in that Bill?
Robert Buckland
Again, the hon. Lady is way off the mark. The idea that there is not a clear plan was plainly negatived by yesterday’s statement from the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins). We have a very clear plan for Afghan judges. If the Scottish National party wishes to conduct a proper dialogue and a proper debate, I shall be interested to hear it; thus far, I do not hear it.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Robert Buckland
It is for the probation service, through its victim liaison officers, rather than the Parole Board to notify victims of upcoming parole reviews and to ensure that they are able to exercise their statutory rights to make a victim personal statement or request licence conditions. It is understandably distressing when victims are told of an offender’s release, and we are therefore investing heavily in the probation service and its designated professional staff to give them further support.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
My constituent Michael McGrath is battling for justice for his family. His sister Rachel McGrath was murdered in a brutal stranger attack by Nicholas Burton in 1997. The trial judge described Burton as merciless and manipulative, and stated that no Home Secretary—as the arrangement was at the time—would ever be likely to allow his release. Rachel’s elderly parents were recently told that Burton would walk free next year. They have not even been able to make a victim statement, and they believe that correct procedure has not been followed. Will the Secretary of State please agree to a ministerial meeting with the family to help to ensure that they have all the information they need, and that their voice is heard and respected?
Robert Buckland
I thank the right hon. Lady for raising that extremely sensitive, distressing and frankly appalling case. Yes, of course I would be delighted to meet the family. May I also make a general point? We—and, in fairness, I think that this applies across all parties—are very keen for victims to be not spectators but participants in these matters, so their voice shall be heard, and we will continue to do everything possible to strengthen that voice.
Sir David Evennett (Bexleyheath and Crayford) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government have established the independent Human Rights Act review to examine the framework of that Act, how it is operating in practice and whether any change is required. The review is considering the approach taken by our domestic courts to the jurisprudence of the European Court of Human Rights, and it will also examine whether the HRA currently strikes the correct balance between the roles of the courts, the Government and Parliament. It will report back later this year.
Sir David Evennett
I thank my right hon. and learned Friend for that answer and welcome this review, as I think we all do on our side of the Chamber. However, will he commit to an open consultation on any proposed reforms resulting from the independent review of the Human Rights Act?
Robert Buckland
I am happy to commit to that open consultation once we have published the findings of the review.
Patricia Gibson (North Ayrshire and Arran) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
May I take this opportunity to welcome the Minister of State, my right hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), back to her place in the Ministry of Justice? We are grateful to see her back.
Our pets are valuable members of our families, and we rely on their companionship daily. This has been especially true throughout the pandemic. The reported rise in pet thefts throughout this time has being truly shocking, and the Government are not prepared to ignore the growing concern about this issue. The pet theft taskforce published its report this month, and it contains a comprehensive set of recommendations that would allow us to tackle this issue. Chief among them is the creation of a new offence of pet abduction. I agree wholeheartedly that this is the right course of action because it recognises that pets are more than mere property and distinguishes them from inanimate objects that can be replaced. The new offence also acknowledges that when the pet is stolen, there are two victims, not one. We will look to introduce the new offence when parliamentary time allows.
Patricia Gibson
Does the Secretary of State believe that it is safe or appropriate for prison officers—the invisible emergency service—who by definition deal with the most violent and dangerous criminals across the UK, to be expected to do so up to the age of 68, which is their retirement age? Does he not agree that this completely unrealistic retirement age has negatively impacted on retention and recruitment rates?
Robert Buckland
The hon. Lady is right to raise the retirement age issue. Indeed, the Under-Secretary of State, my hon. Friend the Member for Cheltenham (Alex Chalk), rightly pointed out in answer to an earlier question that there had been two attempts in recent years to resolve this issue. No agreement was reached with the Prison Officers Association, but I very much hope that any future discussions will result in some agreement. We continue to look at this issue, and I want to put on record my warm tribute to the prison service and to the much hidden and misunderstood work of jailcraft that prison officers do, day in and day out, in England and Wales, and indeed in Scotland.
John Penrose (Weston-super-Mare) (Con)
Alex Cunningham (Stockton North) (Lab)
At the last Justice questions, I raised the issue of the wrongful prosecution and conviction of British citizens under schedule 22 to the Coronavirus Act 2020, an issue that has been publicised by Big Brother Watch, Fair Trials, and The Guardian newspaper. Sadly, the Minister blamed the Crown Prosecution Service and did not promise to correct this injustice, and more people might have been wrongly convicted since then. That said, following our intervention, the Government have expired the schedule. I am grateful for that, but can the Lord Chancellor tell us what action he is taking to quash all the illegal convictions?
Robert Buckland
With respect to the hon. Gentleman, this is not a question of our blaming the Crown Prosecution Service. There is a constitutional principle here. The Crown Prosecution Service is independent, and the Law Officers are responsible for the superintendence of that service. I am sure that his colleague the shadow Solicitor General will be able to ask the Law Officers these questions in the next few days.
Mr David Davis (Haltemprice and Howden) (Con)
Robert Buckland
My right hon. Friend will appreciate that there are ongoing proceedings, including in the civil courts, and the extradition proceedings may be subject to further appeals, so it would not be right for me to comment directly on that case. The SFO is superintended by the Law Officers. However, I undertake to talk to him about the general issues of concern that he properly raises.
Kevin Brennan (Cardiff West) (Lab)
Robert Buckland
I am always keen, as the hon. Gentleman knows, to make sure that the law in England and Wales is consistent. I will, of course, look carefully at that particular issue. The report is welcome as we particularly looked at a read-across to scrap metal and the way in which we banned cash payments there. The evidence is emerging, and we are gathering it as quickly as possible. We will do everything we can, consistent with an appropriate approach, to deal with this type of illegitimate trade in defenceless animals.
Giles Watling (Clacton) (Con)
Sarah Champion (Rotherham) (Lab)
Robert Buckland
The hon. Lady raises a case that shocks and concerns us all. I would be more than happy to talk to her directly about these issues. As she knows, the law of criminal damage is being reformed in other respects in the Police, Crime, Sentencing and Courts Bill, but I want to make sure that we reflect the often devastating consequences of thoughtless and criminal acts of damage against vital pieces of life-saving equipment such as life belts.
Mark Pawsey (Rugby) (Con)
Alan Brown (Kilmarnock and Loudoun) (SNP)
Robert Buckland
As I said to the House earlier, the Afghan relocations and assistance policy scheme covered the initial flights out. We have now extended and created a new scheme yesterday, which will cover and make a priority those particular judges. The hon. Gentleman knows that the issues in the country are complex and that colleagues across Government are working out ways in which we can facilitate safe passage, but I assure him that everybody who fits that category will get the warmest of welcomes in this country and that that work goes on daily. [Interruption.] I do not know how many times I can explain this: there is a clear plan and we are getting on with it.
Rob Butler (Aylesbury) (Con)
Prison officers and staff have done an amazing, excellent job of keeping prisoners safe during the pandemic, with much lower infection rates in jails than had been feared. That has mainly been achieved by keeping prisoners locked in their cells, but, obviously, we now need to move beyond that so that they can access education, work and other rehabilitation programmes. So will the Minister tell the House what progress has been made on rolling out vaccines in prisons, which would allow this vital work to resume?
Siobhan Baillie (Stroud) (Con)
Last year, the expert Family Solutions Group produced a hard-hitting report called “What about me?”, which focuses on the 280,000 children each year who experience their parents separating. With the divorce Act fast approaching and family courts increasingly stretched, will my right hon. and learned Friend meet me to discuss ideas and some of the report’s identified policy gaps on separating families?
Robert Buckland
My hon. Friend has considerable professional experience as a family lawyer of distinction, and I am more than happy to speak to her. It sounds as if that report complements the family harm report that was published earlier this year and the excellent work that is being done by senior judiciary in the family division to minimise the fight when it comes to the future of our children.
Jeff Smith (Manchester, Withington) (Lab)
Robert Buckland
I am grateful to the hon. Member for raising the Law Commission report. I will write to him to clarify the date by which the commission will publish that clearly important piece of work. There is a shared will throughout the House to take action wherever it is appropriate, and the hon. Member can rest assured that the Government will not slack when it comes to the protection of women and other vulnerable people.
Edward Timpson (Eddisbury) (Con)
I know, Mr Speaker, that you will be exercised by the Public Service Pensions and Judicial Offices Bill that is currently going through the other place, and particularly by clause 103, which will raise the retirement age of magistrates from 70 to 75, thus fulfilling the ambition behind the private Member’s Bill that I introduced in the previous Session. While we wait for that legislation to go through, what other measures is my right hon. and learned Friend taking to get through the backlog of cases in courts, particularly through online cases?
Robert Buckland
My hon. Friend was himself a practitioner of many years’ standing. I assure him that we are using every tool available—including remote hearings, bringing back judges who have recently retired and, indeed, harnessing the entire legal profession—to deal with the number of cases before the courts. The restriction on sitting days has been lifted and colleagues in Her Majesty’s Courts and Tribunals Service are working tirelessly to deal with the case load.
Joanna Cherry (Edinburgh South West) (SNP)
May I return to the case of the female Afghan judges, which I raised yesterday with the Lord Chancellor’s Home Office colleague, the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins)? A female former Afghan judge who escaped two assassination attempts by the Taliban and is now a British citizen contacted me at the weekend to explain the very real and immediate danger that her colleagues face, particularly from dangerous criminals and terrorists who have been released from prison. I am bringing her into Parliament at 5 pm this evening to meet informally with the Justice Committee; will the Lord Chancellor, or perhaps one of his junior colleagues, come to that meeting and meet this lady to hear at first hand how desperate the situation really is?
Robert Buckland
I will of course make sure that my diary is adjusted so that I can do that. The hon. and learned Lady can rest assured that I am getting emails from her colleagues directly to my parliamentary account. These are harrowing tales of harrowing experiences, which is why I meant what I said in my answers earlier. I am very grateful to the hon. and learned Lady.
Mr David Lammy (Tottenham) (Lab)
On a point of order, Mr Speaker.
Mr Lammy
Yes, Mr Speaker.
In oral questions, the whole House expressed tremendous concern about the situation that faces Afghan judges. In response to my question earlier, the Secretary of State for Justice said that he has not been written to by me once about judges in Afghanistan, in reference to my role as shadow Secretary of State for Justice. With all graciousness, I ask the Secretary of State to correct the record: I wrote to him on 16 August—I have the letter in front of me and it is available online—and he replied to me on 25 August.
Robert Buckland
Further to that point of order, Mr Speaker. I am happy to correct the record and, of course, to apologise to the right hon. Gentleman. I remind him that I am more than happy to speak directly to him. He will know that the urgency of this situation means that phone calls and texts are absolutely acceptable, and I would be more than happy to discuss the matter with him in that way. As you know, Mr Speaker, this has been a very busy time, and I hope the House will forgive me if on this occasion I got it wrong. I do apologise to the right hon. Gentleman.
Protecting the Public and Justice for Victims
Robert Buckland Excerpts(2 years, 8 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Today I would like to update the House on how the Government are protecting the public and providing justice for victims following the Opposition day debate of 9 June 2021.
Impact of covid-19
The covid-19 pandemic has had a truly unprecedented effect on our courts system. Bringing people safely into buildings for trials and hearings—especially jury trials—has been challenging. That is why we have done so much to keep delivering justice in these difficult times.
The Government are committed to getting justice firing on all cylinders by ramping up our work to enable judges to safely hold as many hearings as possible over the coming year. In the Crown Court, disposals continue to exceed receipts and we have seen the outstanding caseload stabilise at around 60,000, and hopefully turn a corner, while our outstanding cases in the magistrates’ court are now at the lowest level since the pandemic began.
We will continue to maximise capacity across the system, reopening 60 courtrooms by September 2021, extending 32 Nightingale courtrooms until March 2022, giving judges the option to open courtrooms for longer—sitting a session in the morning and another in the afternoon—and the flexibility to conduct non-trial work, like pre-trial preparation hearings, remotely. We have lifted the limit on sitting days in the Crown Court this year, enabling us to maximise the use of the courts estate, and every available judge. All this activity taken together will help get more cases heard, more quickly, so that there is timely access to justice.
How we supported victims over the last year and through the pandemic
While the impacts of covid-19 on the courts have been profound, supporting victims to seek justice remains a top priority. We are acutely aware of the risk of victims dropping out of the justice process and are monitoring the impact of covid-19. In recognition of the impact of covid-19 on victims, the Ministry of Justice established the Victim and Witness Silver Command Group in March 2020 in order to identify and assess developing risks and issues that may have an impact on victims of crime, including in their journey through the criminal justice system. This group continues to meet on a fortnightly basis and its comprehensive membership consists of representatives from across Government, criminal justice agencies, external stakeholders, and the third sector.
This year has seen record investment across government of over £300 million in specialist victim services and we have made over £92 million available since the start of the pandemic to ensure victims had access to critical support services, including counselling and advice. Independent sexual and domestic violence advisers are a key component in support through the criminal justice system, which is why we have made a £27 million investment over two years, resulting in the recruitment of nearly 700 new posts, an increase of 44% on existing provision.
Earlier this year we also published a new victims’ code focused on 12 key rights for all victims of crime. The new code is the culmination of two years of extensive work, including hearing from victims and the groups that support them, to ensure that we have a clear and comprehensive framework for victims’ rights. This vital work has laid the necessary foundations for effective legislation in this area, and it is our intention to proceed without delay.
Alongside this, the Government have demonstrated their continued commitment to tackling violence against women and girls (VAWG) and domestic abuse. We have published new VAWG and domestic abuse strategies this year to help drive a step-change in the response to these crimes, and we have committed to undertaking a review of sentencing in domestic homicide cases to understand sentencing practice and consider whether there is a need for change. These build on our landmark Domestic Abuse Act, which received Royal Assent in April, and is being brought into force as soon as possible. Measures brought into force since the debate on 9 June include the offence of threatening to disclose private sexual photographs and films; extending the extraterritorial jurisdiction of England and Wales in relation to certain violent and sexual offences; ensuring those who are homeless as a result of domestic abuse and are eligible for local authority accommodation have priority need status; and also to enable a pilot using polygraph tests to protect domestic abuse victims. The vast majority of the remaining measures in the Act will be in force by spring 2022.
How the Government have dealt with rape and serious sexual violence cases through the pandemic
While criminal justice agencies and the judiciary are prioritising serious cases, including rape, to provide certainty to victims and defendants, reducing the outstanding caseload will take several years. We are working to ensure that these cases will continue to be prioritised by all involved while dealing with the impact of the pandemic.
The Government have long recognised that far too few victims of rape are seeing justice and that more must be done to support them to take their case through the criminal justice system. The recently published rape review sets out a robust programme of work to improve how the criminal justice system responds to rape—increasing the number of cases reaching court to 2016 levels, reducing the number of victims withdrawing from the process and ultimately putting more rapists behind bars.
Last year we passed legislation to ensure that serious sexual and violent offenders sentenced to a standard determinate sentence (SDS) of over seven years serve at least two thirds of their sentence in custody. The Police, Crime, Sentencing and Courts Bill will extend this change to more offenders. Those sentenced to an SDS between four and seven years for certain serious sexual or violent offences—where that offence attracts a maximum penalty of life—which includes rape, will serve two thirds of their sentence in custody instead of half. The Government are committed to driving this agenda to give victims confidence in the system.
Wider support for victims
We want to continue transforming the experience of victims in the criminal justice system today. That is why the Government have committed to passing a victims’ law—to put the rights in the victims’ code into statute. This will help to guarantee victims they will be seen, heard and helped at every point in the justice process.
We will consult not only on the rights of victims, but on the provision of community-based domestic abuse and sexual violence services, as well as a statutory underpinning for the roles of independent sexual and domestic violence advisers to ensure that victims receive a high standard of care.
I look forward to setting out a timetable for bringing the victims’ law on to the statute books and working with victims, campaigners, and Members of Parliament from across the political divide to make a success of this landmark piece of legislation.
We know there is further to go, and we should not underestimate the scale of the challenge ahead of us. Victims, witnesses and defendants are still waiting too long and we need to take action to address this.
This year has been incredibly difficult in the courts, as it has in so many areas. But through a monumental collective effort the system is recovering.
[HCWS266]
Civil Cases: Extending Fixed Recoverable Costs
Robert Buckland Excerpts(2 years, 8 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Ministry of Justice is today publishing its consultation response on extending fixed recoverable costs (FRC) in civil law cases in England and Wales. This follows the 2019 consultation paper, Extending Fixed Recoverable Costs in Civil Cases: Implementing Sir Rupert Jackson’s Proposals, which was based on the recommendations in Sir Rupert Jackson’s report on FRC, published on 31 July 2017. This consultation response has been delayed, principally because of the covid-19 pandemic.
As we build back a better justice system, we continue with renewed vigour to modernise the courts and how users interact with them. One area in need of further reform is costs, and particularly those that a losing party must pay the winner. This is especially true in lower value civil claims which people and businesses are most likely to face, either as claimants or defendants. Currently, the costs of these cases are too uncertain. Without being able to predict what the costs may be, it is difficult for either side to take an informed decision on the best way forward. We want cases to be resolved as early as possible, including those that proceed to litigation, with costs that are certain, proportionate, and fair to both sides.
FRC is a way of controlling the legal costs of civil litigation in advance by prescribing the amount of money that can be recovered by the winning party at set stages of litigation. They reduce overall costs, keep them proportionate, and enhance access to justice. FRC is already an important part of our justice system in lower value personal injury cases: their extension will be of particular benefit to those of more modest means, including individuals and small and medium enterprises (SMEs), and those who may otherwise be unable to litigate.
The Ministry of Justice has carefully considered the way forward in the light of responses to the consultation and developments since, including the Government’s desire to extend the use of FRC in other cases not covered in this response, such as clinical negligence claims and immigration and asylum judicial reviews. As is set out in our response, we propose to extend FRC to all cases in the fast track—generally those up to a value of £25,000, and to implement a new regime for ‘intermediate’ cases—simpler cases between £25,000 and £100,000. We will work with the Civil Procedure Rule Committee to ensure the smooth delivery of these reforms, to be implemented over the coming year.
The case for extending FRC remains strong: uncertainty of costs hinders access to justice, whereas certainty of costs set at a proportionate and fair level enhances it.
[HCWS253]
Lasting Powers of Attorney: Consultation
Robert Buckland Excerpts(2 years, 9 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Today I am launching a public consultation on modernising lasting powers of attorney.
There are things we take for granted until we no longer have them—our ability to make decisions, our ability to express ourselves, our ability to choose. The Mental Capacity Act 2005 (MCA) led to the implementation of lasting powers of attorney (LPA) in 2007. An LPA gives people the opportunity to appoint someone they trust to make decisions on their behalf, in the event those abilities are taken from them, whether through accident, disease or illness.
The MCA also created the Office of the Public Guardian (OPG), an executive agency of the Ministry of Justice. The OPG is responsible for registering LPAs. This must be done before an LPA can be used. The OPG is also responsible for taking action where there are concerns about an attorney’s use of the LPA.
When the LPA was introduced in 2007, the safeguards put in place were appropriate for the time, but technology and society have moved on. Society’s attitudes to fraud and abuse, and the expected protections against them, have also changed. Technology now offers new ways for the OPG to protect its users through identity and information verification.
An LPA must be printed out so that it can be signed and witnessed on paper, no matter how the LPA documentation is completed. In the 14 years since LPAs were introduced, technology has advanced and become more widely available. People increasingly expect to be able to access Government services online and many donors and attorneys have told us the paper-based LPA is cumbersome, bureaucratic and complex.
Due to LPAs being paper-based, the OPG is required to handle a large amount of paper, which is costly and inefficient for the organisation, creating an ever-increasing need for staff, equipment and storage. The OPG’s operating costs are funded entirely by the income from the fees it charges. If the LPA service is not made more efficient, either fees will have to increase or the way the OPG is funded will become unsustainable.
We need to respond to these challenges and look at how technology can make it easier for people to make and register an LPA. We must also fully consider concerns about security—finding the right balance between ease of use and protection against abuse. Ease of access and protections must also be ensured for those who cannot use digital services or do not want to.
We believe that a move towards automating the OPG’s services will improve efficiency and reduce costs. It will also allow resources to be moved to improving other OPG services that provide more benefits for users.
It is for these reasons that I am launching this consultation on modernising lasting powers of attorney—to consider how to increase safeguards, while ensuring accessibility and OPG sustainability, and any changes to primary legislation that may be needed to facilitate this.
To develop the proposals put forward in this consultation, we have undertaken user research, interviews and surveys to gather the views of the public and professionals. We have engaged stakeholders from a range of sectors, including finance, legal, charity and social care. We now want to gather evidence from a much wider group and are asking for views on the following:
The role and value of witnessing on LPAs and how to keep that value.
The role of applying to register an LPA and who can apply.
Changes that may be needed to the OPG’s remit.
Changes to how people can object to the registration of an LPA.
Changes to when people can object.
The speed of the LPA service and whether a dedicated faster service should be introduced for people who need an LPA urgently.
How to ensure that solicitors have access to the service.
The consultation is available in full at: https://consult.justice.gov.uk/opg/modernising-lasting-powers-of-attorney and a copy has been presented to Parliament.
[HCWS209]
Justice
Robert Buckland Excerpts(2 years, 10 months ago)
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Robert Buckland
In March 2019, the national criminal justice board commissioned the first ever end-to-end review of how the criminal justice system handles rape cases. The rape review report and action plan outlines how we will act on its findings to deliver much needed improvements, building confidence in the system and encouraging more victims to come forward. That will enable cases that are better prepared from the start, more prosecutions of rapes, greater encouragement of early guilty pleas, and fair and timely trials. This has been a collaborative effort between the Ministry of Justice, the Home Office, the Attorney General’s Office—I am grateful to the Solicitor General for being here today—the police, the Crown Prosecution Service, and Her Majesty’s Courts and Tribunals Service, which is something that we believe will be crucial to its long-term success. Alongside the action plan, a Government social research report outlining the underlying primary research in detail is also being published. I have laid that report before the House.
[Official Report, 21 June 2021, Vol. 697, c. 589.]
Letter of correction from the Lord Chancellor and Secretary of State for Justice, the right hon. and learned Member for South Swindon (Robert Buckland).
An error has been identified in my statement.
The correct statement should have been:
Robert Buckland
In March 2019, the national criminal justice board commissioned the first ever end-to-end review of how the criminal justice system handles rape cases. The rape review report and action plan outlines how we will act on its findings to deliver much needed improvements, building confidence in the system and encouraging more victims to come forward. That will enable cases that are better prepared from the start, more prosecutions of rapes, greater encouragement of early guilty pleas, and fair and timely trials. This has been a collaborative effort between the Ministry of Justice, the Home Office, the Attorney General’s Office—I am grateful to the Solicitor General for being here today—the police, the Crown Prosecution Service, and Her Majesty’s Courts and Tribunals Service, which is something that we believe will be crucial to its long-term success. Alongside the action plan, a Government social research report outlining the underlying primary research in detail is also being published. This report has been published on gov.uk and I will place a copy in the Library of the House.
Oral Answers to Questions
Robert Buckland Excerpts(2 years, 10 months ago)
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Hannah Bardell (Livingston) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government have established the independent Human Rights Act review to examine the framework of the Act, how it is operating in practice and whether any change is required. The review is considering the approach taken by our domestic courts to the jurisprudence of the European Court of Human Rights and whether the HRA currently strikes the correct balance between the roles of the courts, the Government and this place. The report, due this summer, will be published, as will the Government’s response.
Hannah Bardell [V]
Given this Tory Government’s track record of either not consulting or railroading changes without consultation, will the Secretary of State confirm that any proposals to amend the Human Rights Act will be subject to a full public consultation lasting at least three months?
Robert Buckland
The hon. Lady will be glad to know that a wholly independent review reflecting opinion from right across the United Kingdom and beyond was set up and will report in due course. Then, no doubt, there will be a consultation on those issues ahead of any legislative change that the Government might introduce to this place.
Mr David Lammy (Tottenham) (Lab)
This week, the UN’s special rapporteur for human rights said that the Police, Crime, Sentencing and Courts Bill, the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 and the judicial review Bill will all make human rights violations more likely to occur. The Lord Chancellor will be aware of his special responsibilities to defend human rights both in his Department and across Government. As his two-year anniversary as Lord Chancellor arrives next month—I congratulate him on that—will he consider starting to do that part of his job? How will he respond to the UN special rapporteur’s assessment?
Robert Buckland
I am grateful to the right hon. Gentleman for his kind words. With respect to the special rapporteur, I would strongly argue that in everything we do and say in this place and in Government, the necessary checks and balances are carried out to ensure that the human rights that he and I believe in are preserved. I can think of no better example than the Bill currently before the House with regard to the duties that the police will have on the need to balance freedom of expression and the rights of other people. That is a balancing exercise at all times, and I will discharge my duties in the way that I believe I have for the past two years.
Matt Vickers (Stockton South) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government recognise the deep distress that the theft of a much-loved pet can cause, and I have met the Home Secretary and the Environment Secretary to create a taskforce to investigate the problem end to end. That work is under way and it is gathering evidence to understand the factors that may be contributing to any rise in pet theft and to recommend measures to tackle the problem. It will report to Ministers on potential solutions by the summer.
John Lamont
I am grateful for that response. Mandatory microchipping has been a welcome step forward, and I understand that the law is now consistent across all parts of the United Kingdom. What steps have been taken to improve the microchipping process so that owners can know where microchips are being run, when and by whom?
Robert Buckland
My hon. Friend will know that our manifesto pledge is to extend microchipping to cats as well. With regard to dogs, over 90% of them in England are now microchipped. This year, the Department for Environment, Food and Rural Affairs is carrying out a post-implementation review of the regulations that introduced microchipping in 2015, to see how the various databases can operate in a more co-ordinated way, and it will come forward with proposals later in the year.
Alexander Stafford
Pet theft is the most scurrilous crime, and residents have spoken to me about the loss they have felt when their dog or cat has been stolen from them. Does the Minister agree that each local force should have a dedicated dog theft lead? Will he join my calls for the police and crime commissioner to have a dog theft lead for South Yorkshire police, like the one for the Nottinghamshire constabulary?
Robert Buckland
I welcome my hon. Friend’s commitment to this campaign. I am pleased to hear about his energetic efforts in this sphere and I wish him well. Decisions on priorities are, of course, a matter for individual forces, but I am sure he will want to work with his local force to achieve the laudable aims that his campaign represents.
Jonathan Gullis
Pet theft is a shameless and disgusting act that harms families across our country. Scumbag Malachy Doherty of Tunstall was recently sentenced to 27 weeks in prison for stealing Labradors Denzel and Welly. Twenty-seven weeks does not seem long enough to me, so does my right hon. and learned Friend agree with the people of Stoke-on-Trent North, Kidsgrove and Talke that, as part of the pet theft taskforce, firmer punishments and vets checking microchips at the first visit will be ways to help prevent the heartache felt by many victims’ families?
Robert Buckland
My hon. Friend always speaks with vigour on behalf of his constituents, and I wholeheartedly agree with his revulsion at this appalling type of crime. We share his deep concern, which is why the sort of ideas and proposals he outlined are very much at the forefront of Government thinking.
Jane Stevenson
I thank the Secretary of State for speaking to me recently about pet theft. In the recent local election campaign in Wolverhampton, I spoke to several constituents who are now too nervous to go out to walk their dogs, especially in the evening time. Does he recognise that, for their wellbeing, and for that of their dogs, this is an urgent matter? Can he reassure me that as soon as the taskforce reports the Government will take action on pet theft reform?
Robert Buckland
I am grateful to my hon. Friend for her deep commitment to this issue. She is so right to highlight the wellbeing and mental health effects of the loss of a much-loved pet on her local residents in Wolverhampton and more widely. That is precisely why we took action to set up the taskforce, and we will indeed be reporting as soon as possible to address the concerns of her constituents.
Mark Fletcher
Pet theft can be absolutely heartbreaking for families. I have spoken to some of the families in my constituency who have gone through this process and they warmly welcome the establishment of the pet theft taskforce. Can my right hon. and learned Friend outline what kind of solutions the taskforce is looking at?
Robert Buckland
My hon. Friend is right to reflect the views of his constituents in Bolsover and the wider community. We are looking at not just the consequences of pet theft, but ways in which the black market in the trade in animals can be dealt with. Lots of ideas and initiatives merit serious consideration as to how we can prevent the incentives for this sort of despicable crime from occurring in the first place. That is the work that is being carried out now.
Matt Vickers
It is clear today that pet theft is having a huge impact on so many families across the country. Indeed, if my mam had the choice between me and her beloved, slightly obese Bichon, Archie, it would be a close call and I would not fancy my odds. Pet theft is on the rise. The loss of a furry family member is having an impact on so many families. Will my right hon. and learned Friend confirm not if and how, but when we will update the law to tackle this terrible crime?
Robert Buckland
I am glad that my hon. Friend declared his interest, as is appropriate. Many other Members of this House will be dog owners. I am a cat owner, so I declare that interest. Clearly, behind that, there is a very important point about the ways in which we can help to prevent the spread of this crime. As the Prime Minister said, this is often the underbelly of more organised and serious criminality, where profit is being made on the backs of the misery of not just the pets themselves, but their owners, who suffer great distress as a result of the theft.
Alan Brown (Kilmarnock and Loudoun) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The United Kingdom has strong human rights protections within a comprehensive and well-established constitutional and legal system, and a long-standing tradition of ensuring that our rights and liberties are protected domestically and of fulfilling our international human rights obligations. We have put in place a combination of policies and legislation to give effect to the international human rights treaties that we have ratified. We have a strong record before the various UN treaty-monitoring bodies and fully participate in the relevant reporting processes.
Alan Brown
By contrast with what the Secretary of State just said, the Joint Committee on Human Rights recently published a report that concludes that his Department’s Police, Crime, Sentencing and Courts Bill will restrict peaceful protest
“in a way that we believe is inconsistent with our rights.”
The report also singles out the provisions on noisy protests as
“neither necessary nor proportionate”.
With findings like those, will the Secretary of State reconsider his assertion that the Bill is compliant with the European convention on human rights?
Robert Buckland
I am happy to repeat the declaration that I made on the face of the Bill: its provisions are indeed compatible with the convention. As a former member of the Joint Committee, I well appreciate its work, but with respect, I wholly disagree with the analysis that it has produced. The balance between freedom of expression and other fundamental rights and the need to maintain order and protect the rights of other citizens going about their lawful business is properly struck in the Bill, which I commend strongly to the House.
Anne McLaughlin (Glasgow North East) (SNP) [V]
The Secretary of State recently dismissed the relevance of international treaties, so it is interesting that today he is using what he says is compliance with the ECHR to convince us that his Police, Crime, Sentencing and Courts Bill is not, as the Joint Committee said, “inconsistent with our rights.” How relevant, then, is the opinion of the UN special rapporteur on human rights, who said last week that the Bill runs “counter to the” human rights “direction” that the UK
“need to be going in”?
Is the Secretary of State not just a little bit embarrassed about that?
Robert Buckland
Just as the rapporteur is entitled to express, in clear and independent terms, their view, so are we entitled to disagree with it, and we do so very strongly in this instance.
Anne McLaughlin
So the Secretary of State does not respect international treaties and is not listening to Parliament’s Joint Committee on Human Rights; let us see whether he has a little more respect for the UK’s Gypsy, Roma and Traveller communities. Will he join in the condemnation of the hon. Member for Ashfield (Lee Anderson), who branded Travellers as thieves? What does he say to Travellers who described the Bill as
“the single biggest threat to”
their
“traditional way of life”
and said that it may “entirely eradicate nomadic life”. Does the Secretary of State want to eradicate their way of life?
Robert Buckland
I have not seen what was reported to have been said by my hon. Friend the Member for Ashfield (Lee Anderson). I simply say that in everything that we seek to do we uphold the principles of equality, inclusion and diversity in our society, but it is also right to remember that the interests of one group will sometimes conflict with the interests of another. It is important for us to maintain the balance between the rights of, in that instance, local residents and the rights of the Gypsy, Roma and Traveller community. It is all about balance, which is what this Government constantly seek to strike through their legislation.
John Nicolson (Ochil and South Perthshire) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Forgive me, Mr Speaker, I was thinking about the pies at HMP Berwyn.
Robert Buckland
Well, not me. I will leave that to others to answer.
Naturally, I do not disclose the details of private conversations that I have with Cabinet colleagues, but I can say that the Government are thinking very carefully indeed about how to make sure the balance of our constitution is right. In addition to the reviews of administrative law in the Human Rights Act 1998, I am now considering the constitutional settlement that was left by the Constitutional Reform Act 2005. I will say more about that in due course and I will be open and consultative as that work is carried out.
John Nicolson [V]
The Public Law Project requested a breakdown of Government spending on judicial review, but it said that the information received was “barely a fraction of what should have been published. It is not detailed or clear enough to give any meaningful insight as to how judicial review impacts Government departments”.
Why are the Government so reluctant to publish everything requested?
Robert Buckland
The hon. Gentleman has expressed the view of one contributor to the consultation. I would argue on the contrary—that, indeed, we are publishing everything, consistent with our wider public duty and with our duty to maintain collective Cabinet responsibility. The current consultation has been ongoing. We are due to publish a response to that ahead of any potential legislation. That will all be done. Of course, any proposals will have the fullest scrutiny from him and other right hon. and hon. Members in due course.
Stephanie Peacock (Barnsley East) (Lab)
Mr Alistair Carmichael (Orkney and Shetland) (LD)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Since January this year, the review has conducted a public call for evidence, which has received more than 150 submissions, and has engaged with a wide range of interested parties at roundtable meetings and online public roadshow events. The evidence-gathering period has now concluded. The panel is now considering the evidence and will draft its report over the summer. The report will then be published, as will the Government’s response.
Mr Carmichael
What does the Secretary of State want to achieve with his review? He will be aware that as long as we remain a party to the European convention on human rights, the rights that are available to citizens as a consequence cannot be altered. Any changes to the Human Rights Act would just return us to the situation that we had before the Act, when we could only enforce the remedies for these rights by going to Strasbourg. Is that what the Government want to achieve here?
Robert Buckland
I know that the right hon. Gentleman will read the review’s findings with great care. I have been clear that this is not about changing the fundamental rights themselves, as he has quite rightly observed; it is about the way in which the domestic courts implement and interpret those rights. It is about the mechanism, if you like. It is now 20 years since the Act came into force and I think it is right at this juncture to give it a careful examination. That is what the independent review is all about. As he would expect, it will be followed up by the fullest consultation, in which I know he will play a vigorous part.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Fleur Anderson (Putney) (Lab)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Over the weekend, we launched the unified probation service for England and Wales. It was the culmination of huge amounts of preparation over two years, and I am hugely grateful to probation colleagues and frontline staff for making it happen. We have invested £310 million in that time to recruit 1,000 extra probation officers, with 1,500 more on the way, alongside making more use of technology such as GPS and sobriety tags. We are determined to ensure that the millions of hours of unpaid work handed down to offenders every year are served more visibly, keeping our towns, cities and our countryside clean. I have said many times that every Department of Government should be a criminal justice department, and the new probation service will be at the heart of a more joined-up approach with police, health services, local authorities and others to cut crime and keep the public safe from harm.
Fleur Anderson
On 17 June, I wrote to the Justice Secretary about probation services, raising a deeply concerning whistleblower case in the probation service. When my constituent first joined the service, there were 10 members of staff in her team. At the end of 2020, three members of staff had left and a further three were on long-term sick leave, and the case load was overwhelming. Does the Secretary of State accept that the 60% drop in staffing levels presents an unacceptable risk to public safeguarding, the welfare of probation service officers and the rehabilitation of offenders?
Robert Buckland
I will make sure that the hon. Lady’s letter is brought to my attention. She sent it just over a week ago. I will not comment about the individual case, but it will of course be looked at carefully. She will be encouraged to know that as a result of the investment we are making, 1,000 more probation officers have been recruited already. We are going for another 1,500, and that means that, together with the changes to how case loads are managed, probation officers will be supported and encouraged, and the sort of issues that she raises I believe will start to diminish, because that is my determination. I want to sing the praises of an unsung public service.
Felicity Buchan (Kensington) (Con)
Robert Buckland
The right hon. Gentleman raises an issue that I think I can help to clarify for him. With regard to the specific figure, that of course relates to spending during this coming year. We spent another equivalent sum in the previous year on court recovery. Indeed, when you look at the figures that we were spending anyway on new technology in our courts, and indeed the Crown Prosecution Service expenditure as well, then the figure actually is the correct one. He should realise that it is not just the Ministry of Justice that is funding court recovery and the effects of covid; the Attorney General’s Office and indeed the Home Office as well have a responsibility with regard to victims. So I am afraid that fox is well and truly shot.
Mr Lammy
I have to say that the Secretary of State’s verbosity serves him well.
In March, the Lord Chancellor told the Justice Committee that he had been “played for a fool” in relation to improvements at Rainsbrook secure training centre. He was clear that
“this will not happen again. Otherwise, the consequences will be extremely serious for those responsible.”
Yet this did happen again, and only a year and a half later have children been moved out of harm’s way. As the saying goes, “Fool me once, shame on you; fool me twice, shame on me.” Does the Lord Chancellor feel like a fool, and what “extremely serious” consequences will he deliver to ensure that this does not happen again?
Robert Buckland
I am very glad that the right hon. Gentleman asks me that question because I can reassure him that as soon as the particular reports were received from the independent monitors I took swift action to make sure that the safety and wellbeing of children at Rainsbrook was preserved. That is why we ordered that children in the unit were moved. Indeed, work is carrying on with regard to the overall future of Rainsbrook. It would be wrong of me to speculate while discussions with the provider remain ongoing, but I can tell him this: I will do whatever it takes to make sure that the children in our care are protected and that all our institutions, including Rainsbrook, are run properly. I can assure him that the providers have had the message loud and clear from me and that there will be no second chances.
Stephanie Peacock (Barnsley East) (Lab)
Jonathan Gullis (Stoke-on-Trent North) (Con)
Robert Buckland
I thank my hon. Friend for raising an issue of genuine and widespread public concern. He will note that the phraseology in the Bill talks about memorials, which of course would include memorials such as the one to Sir Winston Churchill. The important point is that we can now move away from the court determining on the mere cost of repair to criminal damage to look at the overall cultural and emotional value of statues like that one, and indeed, ordinary “unvisited tombs”, to quote George Eliot, of people who have a great value to the local community and to their loved ones.
Kim Johnson (Liverpool, Riverside) (Lab)
Robert Buckland
My hon. Friend is right to analyse the figures closely. It is interesting to note that some of the assumptions that people make about foreign nationals and where they are from are out of date. My hon. Friend is right to highlight our agreement with Albania, but operationally those issues are difficult because often the individuals whom we have identified, prosecuted and properly incarcerated will not be known to the authorities in the receiving country and there are issues with identity. However, we carry on with our joint work across Government to ensure that as many of those foreign national offenders as possible are repatriated as quickly as possible. I think the latest cumulative figure over the past five years is about 5,000, but of course I will correct the record if that proves to be incorrect.
Peter Kyle (Hove) (Lab)
Robert Buckland
May I put on record my condemnation of the appalling incident involving Professor Whitty in the last few days? With regard to the way in which antisocial behaviour is policed, there have been welcome initiatives and, indeed, changes to the law by Government on preventive measures, particularly for young people and children. Our youth offending teams and other diversionary teams have done a lot to ensure that those issues do not end up before a court, when the damage is already done. I take the strong view that the distinction between crime and antisocial behaviour is artificial. Of course, I will look constructively at anything that we can incorporate in the forthcoming victims consultation and, indeed, the Bill, which, I assure the hon. Gentleman, will come.
Christian Wakeford (Bury South) (Con)
Robert Buckland
My hon. Friend is right to raise on behalf of his constituents in Bury the real damage that can be caused to the community by careless and dangerous driving. Through the Police, Crime, Sentencing and Courts Bill, we will increase the maximum penalties for causing death by careless driving while under the influence of drink and drugs, and for causing death by dangerous driving, from 14 years to life imprisonment. There will also be a new offence of causing serious injury by careless driving, to close a gap in the law.
Dr Luke Evans (Bosworth) (Con)
Robert Buckland
I thank my hon. Friend for speaking so strongly on behalf of his constituents. Colin Pitchfork’s offences were the gravest of crimes, and the families of Lynda Mann and Dawn Ashworth still live with the pain that he caused. The independent Parole Board’s role is to assess whether he is safe for release, rather than whether he has been punished enough. I understand why this decision has affected public confidence. It has been reviewed by officials in my Department, and we found arguable grounds that the decision was irrational, so I have asked the Parole Board to reconsider it using the mechanism that my hon. Friend rightly identified.
Joanna Cherry (Edinburgh South West) (SNP) [V]
Robert Buckland
I am grateful to the hon. and learned Lady for that question. I can absolutely assure her that the rights of LGBTQ+ people will be respected, honoured and celebrated by my Department. We are taking the fullest and most enthusiastic part in Pride Month, which of course is now. The issue with regard to Stonewall was simply this: my officials and I were no longer convinced that the particular scheme that we had taken part in was the right use of public money. There were concerns about the direction of that organisation, which has done so much to advance the cause of people of an LGBT+ orientation. It was with great sorrow and regret that that decision was made, but I assure the hon. and learned Lady that the underlying commitment to and passion for those issues absolutely remains.
Simon Jupp (East Devon) (Con)
Over 8,000 criminal cases are waiting to be resolved in Devon and Cornwall. Many of my constituents in East Devon are anxiously awaiting progress on their cases, and they feel no closer to justice. What steps is my right hon. and learned Friend taking to reducing the backlogs in Devon?
Robert Buckland
My hon. Friend is right to raise issues affecting his constituents. He will be glad to know that in his region, huge strides have been made in magistrates and Crown courts to deal effectively with the case load. Based on the figures I see regularly, I am encouraged by the progress being made in his local courts. That is part of a national drive to deal with capacity, which we have increased through Nightingale courts. There is no limit on sitting days in the Crown court during the year ahead. If all is well with the road map later in July, the further easing of restrictions will allow even more cases to be listed, so that justice can be delivered as quickly as possible, both for my hon. Friend’s constituents and for the wider public.
Probation Reform
Robert Buckland Excerpts(2 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
This Government are committed to cutting crime, by improving how we protect the public from serious offenders and by tackling repeat offending. On 26 June we took a key step forward in delivering those aims with the launch of a new unified probation service for England and Wales. The additional investment of an extra £155 million both last year and this year has been key to making these changes happen.
The new service brings together staff from the previous National Probation Service (NPS) and 21 community rehabilitation companies (CRCs). It will strengthen public protection by bringing together management of offenders of all levels of risk into one organisation. It will deliver visible punishment and reparation to communities through an overhauled approach to unpaid work. And it will strengthen rehabilitation by delivering improved better accredited programmes and other rehabilitative interventions, alongside commissioning specialist services from other organisations. New national standards for probation will set out expectations for how offenders are managed in order to reduce repeat offending and to ensure the public are protected.
I am grateful for the hard work and professionalism of probation staff in supporting the transition to the new service, as a result of which we have successfully transferred nearly 8,000 staff and nearly 200 buildings to the new organisation and rolled out IT equipment for staff transferring.
Investment of £195 million has now been awarded to 26 organisations across England and Wales to provide those specialist services, addressing needs relating to accommodation, education, training and employment, services which help offenders with personal issues such as mental health problems and women’s services.
Having completed the transition to the new organisation, my priority is now to deliver improvements in the services probation delivers. Key work to do so includes improving sentence management by recruiting a record 1,000 new trainees last year and a further 1,500 officers this financial year to supervise offenders and help cut crime. This will reduce the average case load size for probation officers so that the public can be better protected.
Other key work includes ensuring more support for victims of crime by extending and enhancing the service offered to victims. Creating a new framework for unpaid work placements will increase the value they bring to society, by cleaning up the environment and supporting communities, giving back to the communities they live in through litter picking, clearing fly tipping, removing graffiti and maintaining public spaces.
Further investment in digital services will help modernise the service, speeding up processes and helping to underpin and reinforce excellent standards of practice. I will improve support for offenders for issues like education, substance misuse and mental health issues to reduce the risk of them reoffending. Securing additional rehabilitative services to build on the contracts already implemented will help cut crime.
It is particularly impressive that we have been able to ensure readiness for transition, given the pressures faced as a result of the global pandemic. Unification represents an example of excellent delivery—a major, very complex Government project delivered on time, to budget against unprecedented global challenges and we are proud of the scale of that achievement. Our progress in delivering these crucial reforms will ensure a joined-up and improved probation service that is able to make a significant contribution to this Government’s mission to cut crime. We are determined that the probation service will simultaneously offer more support to those turning their backs on crime, while using every available tool to protect the public from those who are intent on continuing to commit crime.
[HCWS126]
End-to-end Rape Review
Robert Buckland Excerpts(2 years, 10 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Thank you, Mr Speaker, for allowing me to make a statement. I want to put on record my thanks to the Opposition Chief Whip, too, for allowing some valuable Opposition day time.
I would like to make a statement on the Government’s end-to-end rape review report on findings and actions. Rape and sexual assault are some of the most horrific offences dealt with by our criminal justice system. They can leave devastating effects on victims for life. While the majority of victims of rape are women, this crime can have a devastating effect on male victims as well. Over the last five years, we have seen an alarming decline in the number of police referrals, charges, prosecutions and convictions for these sorts of crimes—a trend that the Government are determined to reverse with urgency. I want to pay tribute to the bravery of victims and to commend their courage in coming forward to report these crimes. It is crucial that the system gives all victims the reassurance that they will be believed and that they will receive the right support, right from the moment they report their crime through to the conclusion of their case and beyond.
In March 2019, the national criminal justice board commissioned the first ever end-to-end review of how the criminal justice system handles rape cases. The rape review report and action plan outlines how we will act on its findings to deliver much needed improvements, building confidence in the system and encouraging more victims to come forward. That will enable cases that are better prepared from the start, more prosecutions of rapes, greater encouragement of early guilty pleas, and fair and timely trials. This has been a collaborative effort between the Ministry of Justice, the Home Office, the Attorney General’s Office—I am grateful to the Solicitor General for being here today—the police, the Crown Prosecution Service, and Her Majesty’s Courts and Tribunals Service, which is something that we believe will be crucial to its long-term success. Alongside the action plan, a Government social research report outlining the underlying primary research in detail is also being published. I have laid that report before the House.[Official Report, 5 July 2021, Vol. 698, c. 8MC.]
Our action plan sets out a robust and ambitious programme of work to improve the way in which the criminal justice system responds to rape at every stage in the process, so that victims are better supported to get the justice they deserve and so that all our constituents can have confidence that perpetrators of these sickening crimes will be rightly punished. As the House will know, this has been a priority area for Government for some time, and I would like to take this opportunity to highlight some of the work already done, alongside the new actions that we are committed to delivering in the implementation of the review.
We appreciate that this is not the first piece of work in this area of criminal justice, and that both victims and stakeholder groups want change to happen as quickly as possible. The Government could not agree more, which is why the Minister for Crime and Policing will be personally pushing this work forward, and the Government will publish updates every six months detailing progress to ensure clear accountability. That will include scorecards monitoring progress against key metrics, including timeliness and victim engagement in each part of the system, and implementation of the action plan. Our ambition is for the volume of cases referred by the police for charging decisions and reaching court to return to 2016 levels by the end of this Parliament.
One of the key themes of the review is how we can create the conditions that will enable effective joint working between the police and CPS. It launched its joint action plan in January this year. That will enable both the police and CPS to work hand in glove to support rape victims and to secure convictions. In the implementation phase of the review, we plan to introduce joint decision-making guidance for CPS and police investigation teams that will be implemented as part of a necessary culture change. We will also build on the shared learning and development in the form of training and guidance around trauma, to develop understanding of its effect on victims right across the system. In the next 24 months, we will have a framework for a new operating model that can be adopted by forces nationally.
A key plank of our work to transform the way in which cases are dealt with is the pathfinder programme known as Operation Soteria, which is being launched to drive systemic and sustainable transformation in how the police and CPS handle investigations into rape and sexual offences. I am pleased to say that we have already begun to transform the support provided to victims by publishing a revised victims code, which sets out 12 clearly defined rights. We have invested record amounts in support over the last 18 months, including spending more than £70 million on rape and domestic abuse services in 2020-21 and £27 million on the expansion of the independent sexual violence adviser service—the ISVA service.
I accept that more needs to be done to reform support services to meet current and rising demand, and ISVAs play a crucial role. Research suggests that their involvement in the criminal justice system can make a victim 49% more likely to stay engaged and see their complaint through to its conclusions. With that in mind, we will shortly consult on a statutory underpinning for the ISVA role as part of the forthcoming victims Bill consultation. The police and CPS will work together to introduce minimum standards on how to communicate with ISVAs after a complaint is made, throughout the investigation process, through charging decisions and through court proceedings themselves. This will be done through a national framework to ensure that standards improve right across the country.
We are also committed to ensuring that no victim is left without a means of communicating through an extremely traumatic period in their life, which is why we are working to increase the capacity of the frontline technology used to examine digital devices. We will work with the mobile phone technology industry to support police efforts to provide swap-out phones for victims to use when their own devices are unavailable. Our ambition is that no victim will be left without a phone for more than 24 hours.
We recognise that the court experience can be particularly distressing. Last year, we rolled out section 28 of the Youth Justice and Criminal Evidence Act 1999 to help support children and vulnerable adult victims and witnesses to give their evidence and be cross-examined sensitively. We are already piloting the same arrangements for intimidated witnesses and victims in three locations, and plan to increase that pilot to three additional courts. Subject to that evaluation, we aim to commence full roll-out to all Crown courts for this group, and will consider whether any further legislative change is needed. We also plan to test the use of section 28 in the youth court.
We will continue to explore how we can increase the use of special measures in rape trials, and will develop a best practice framework for rape and sexual violence cases during court proceedings. Additionally, we have asked the Law Commission to explore the use of rape myths and evidence about victim credibility at court to see whether there are changes we can make there to improve the experience for victims and give them the opportunity to present their best evidence. In addition, the CPS has updated its legal guidance to address rape myths and stereotypes.
We will go further than the work outlined in the review; later this year, we will publish a new strategy to tackle violence against women and girls, and we will consult on the new victims Bill. I am sure that the whole House will join me in acknowledging the many people and organisations who are working tirelessly to improve the way in which these cases are handled. I thank the organisations in this field. Their expertise, research and challenge is invaluable. I am incredibly grateful to Emily Hunt in particular, who has been working as an expert adviser on the rape review, and ensured that the voice of victims was heard loud and clear as the Government considered their approach.
I reassure the House that if the proposed actions do not yield sufficient change in the timescales that we have set out, the Government are prepared to look at more fundamental changes to the criminal justice system, including measures to strengthen accountability and governance more widely. The review represents just the beginning of this work. We must continue to challenge the entire system to deliver urgent and sustained change. We owe that to every victim of these terrible crimes. Every part of the system can and must do better; now is the time for it to deliver. I commend this statement to the House.
Mr Speaker
This is a very, very important subject and it is quite right that we are having this statement, but there are other Members besides those on the Front Benches whom I need to hear from. It is important to all colleagues to get on the record, so please, whether we are talking about the Minister or the shadow Minister, we must stick to the time that the House has agreed to. It is not what I have agreed to, but what the House and Members have signed up to. Please, let us ensure that everybody gets a fair chance.
Robert Buckland
I am mindful of your stricture, Mr Speaker.
May I remind the right hon. Gentleman very firmly about what I said? I rightly took responsibility and apologised for the overall failure that has led us to this situation. I do that as somebody who is politically responsible; I accept that without any qualification. I accept as well that resources are a matter for the Government, and I explained that, in the context of what we were left with, decisions were made back in 2010 that did indeed result in reductions. None the less, he will know as well that the issue with regard to the prosecution of rapes is not just about resources. It is about culture. It is about the way in which victims have, for far too long, been the focus of all attention. I know he agrees that that is inappropriate and that it is time for a much more perpetrator-focused approach.
When we calmly look at the figures for rape prosecutions over the past 10 or 15 years, we will see an encouraging rise from 2010 to about the middle of the decade, then a sustained improvement until about 2017-18, and then this very concerning decline that I have rightly acknowledged. That in itself tells us that something has happened here with regard to the way in which these cases are approached, and that has caused huge concern. There was a judicial review case about it that we are familiar with, which was hotly disputed between the Crown Prosecution Service and the sector, and, rightly, we waited for that to be concluded before we published this review. I say again to him what I said yesterday, which is that to in any way suggest that an increase in prosecutions and the bringing of cases should be linked to the fate or otherwise of a politician is constitutionally illiterate, dangerous, and the sort of approach that could lead to allegations of improper pressure being put on independent prosecutors.
I wonder whether, before he issued his public pronouncement, the right hon. Gentleman cleared it with his own boss. I can imagine the scene: me, as Lord Chancellor, speaking to the Director of Public Prosecutions in a way that would have crossed the line with regard to his prosecutorial independence; of course, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) was the DPP, and I am pretty sure about the answer that I would have got from him. I think that the silence of the Leader of the Opposition on this matter speaks volumes.
Sir Robert Neill (Bromley and Chislehurst) (Con) [V]
This is a very important statement, and the Lord Chancellor knows that when he makes a bid for further funding for the justice system, there is compelling evidence from the Justice Committee’s evidence sessions to support that. In relation to the current issue, does he agree that one of the most striking figures is that of 52,000 cases reported as rapes or serious sexual offences, only 2,700 found their way to the Crown Prosecution Service, which has a high percentage of then charging? Does he agree that it is critical that the evidence file is available to the Crown Prosecution Service and that victims and complainants are treated sensitively? Can we find out more about what happened to the other 50,000 that never even made it to the stage of being considered by the CPS?
Robert Buckland
My hon. Friend the Chair of the Justice Committee is right to point out the significant difference between the number of complaints that are made and the number of cases that reach their way to court. I have long harboured deep concerns about those early stages in the investigative process when a complainant or a victim comes forward with a complaint and then is made to make some very difficult choices, most notably about handing over a mobile phone. A young woman’s life will be on that phone. What replacement is she going to have, and how is she going to manage without such an important device? Very often that sort of Manichean choice is given, which is wholly wrong. That is why I think at the early stages of the investigation we need to do more to support victims, which is why I regard the investment in ISVAs as key to making sure that we can make a difference and reduce that cliff edge. I want to consult further on other aspects of support that we can give victims at the earliest stage to make sure that, when it comes to disclosure, the rights of victims are protected just as much as the rights of the accused.
Ms Harriet Harman (Camberwell and Peckham) (Lab)
I welcome the fact that the Justice Secretary has acknowledged the woeful failure of the justice system to protect women and girls from the abhorrent crime of rape. Will he recognise that one of the things that deters victims from supporting a prosecution is that, when it comes to trial, it is they who are put in the dock by having their sexual history being dragged out and being made the focus of the trial, instead of the focus being on the defendant and what he actually did? Will he address this by backing the new clauses that have been put forward on a cross-party basis to the Police, Crime, Sentencing and Courts Bill, which will ensure that the defendants’ previous sexual history is only ever brought up in court when there has been a previous application to the judge, who has ruled that it is relevant to the particular issue on trial?
Robert Buckland
May I pay tribute to the right hon. and learned Lady for her tireless work in this area? Indeed, she and I have regular dialogue about these issues and have done in the past. I will say several things in response. First, it is vital that existing protections are properly policed and used by the courts when it comes to restrictions on wholly inappropriate cross-examination. I have in particular asked the Law Commission to look at the whole issue about the trial process, and the rape myth issue that is still a real concern for many people who end up taking part in this process. But I will say this to her: I think it begins much earlier. I think the undue focus on the victim begins right from the initial investigation, and I think that that is wrong. I think that the proper emphasis in this report is about looking at the person who is alleged to have done it, rather than constantly focusing, as she rightly says, on irrelevant previous sexual matters that have nothing to do with the case and are an unwarranted intrusion into the private life of victims.
Sara Britcliffe (Hyndburn) (Con)
It is absolutely vital that there is a focus on offender behaviour rather than victim credibility, which is and will have been a significant factor as to why victims fear coming forward. The steps being taken on ensuring victims and witnesses can pre-record video evidence is welcome, but what will be done to extend this to all the courts so that all victims and witnesses can have access to this?
Robert Buckland
I thank my hon. Friend, and I say this: we have already rolled out the section 28 provisions to cover intimidated witnesses, many of whom will of course themselves have been the victims of sexual offences. We are going further: we are working very hard with the judiciary to pilot more use of the pre-recorded cross-examination technology in the case of intimidated witnesses. I have indicated that I will be prepared to legislate, if necessary, to ensure that we can fulfil the scale of my ambition, but I have to work closely with the judiciary to ensure that the operational realities—listing pressures and the sheer way in which we can accommodate these hearings—are fully taken into account as well.
Wera Hobhouse (Bath) (LD)
It is of course vital that the charging and prosecution of rape cases improves dramatically, so that rapists are put in prison and survivors get justice, but we also need to stop rape and other forms of violence against women and girls happening in the first place, and that requires a cultural change across our society—all men and boys must understand that violence, harassment and abuse of women and girls is unacceptable. Does the Secretary of State agree that that cultural change must include making misogyny a hate crime, so that it is treated as severely as crimes motivated by racial or religious hatred, as well as better age-appropriate relationships and sex education in schools?
Robert Buckland
I am grateful to the hon. Lady, who makes some extremely relevant points and gets to the heart of the issue when it comes to the need to reduce the number of victims in the first place. I was very glad to hear her reference to the curriculum. A lot of work has been done to expand the curriculum on sex education and healthy relationships, and I pay tribute to the work not only of teachers, but of third sector groups that are campaigning actively to improve the quality of that provision. She will be glad to know that the violence against women and girls strategy, which was reopened in the wake of the appalling Sarah Everard killing, has received hundreds of thousands of responses. That is going to be the heart of the Government’s approach to prevention in order to achieve the goal that she and I share.
Mr David Davis (Haltemprice and Howden) (Con)
Most rape victims feel unable to pursue their case because they feel disbelieved or judged. That was highlighted in the DSD and NBV v. Met police in 2018. The words of DSD, who was a victim of John Worboys, were:
“The police made me feel that I’d made it all up.”
It meant that Worboys was able to go on and carry out 100 more rapes of women. The other victim, NBV, said that the police
“asked me whether I’d describe myself as a young lady who would wear red nail polish and red lipstick. They asked me how often I would go out drinking…The way they behaved made me feel like anything that had happened to me was because I deserved it.”
The behaviour of the police in this case is a stark demonstration of why so many victims give up, yet the Metropolitan Police Commissioner rebutted the case, saying that it made their job too difficult. Frankly, unless the senior management of the Met and other large police forces show a willingness to change and learn from these cases, I am afraid we will need to look for new senior management.
Robert Buckland
My right hon. Friend has very graphically illustrated some of the appalling experiences that many complainants and victims have undergone, and that is very much at the core of this review. We need to move away from the fixation with the credibility or believing of the victim and be much more about the perpetrator. If someone’s house is burgled, they do not expect to have a long trawl into their personal history and whether they had left an upstairs window unlocked or whether they had been drinking; it is about trying to find out who did it and who is responsible for the crime. It is that sort of approach that we need in rape and serious sexual offending.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The prevalence of rape myths and the lack of understanding of consent are known to act as barriers to justice for rape victims, and the Lord Chancellor rightly mentions the need for culture change. Will he therefore commit to bringing forward a strategy to provide training for the investigation of rape and alleged rape complaints, not only for the judiciary but for all jury members hearing such prosecutions?
Robert Buckland
The right hon. Lady is quite right to ask about the trial process. I think she knows that my fundamental view about this is that things go wrong well before cases get to court and that the gap between complaint and prosecution is the real problem. However, I fully take on board what she says. She will note that in the review we have committed to look very carefully—in fact, I have already asked the Law Commission to do this—at, to coin a phrase, the rape myth issue, to see whether the existing provisions are strong enough. I know that rape myths are already being challenged daily in our courts, but we want to look at whether more can be done, particularly on issues such as the assumption that a rape victim has to have some injury or bruising, which is clearly a misconception. A lot more can be done to dispel that myth with more comprehensive, perhaps medical evidence from the prosecution, but I look forward to working with the right hon. Lady, as I always do, on these important issues.
Simon Fell (Barrow and Furness) (Con)
We know that all too often rape is committed by someone the victim knows. Because of that, investigations are incredibly hard to progress and are incredibly intrusive for the victim as well. Many victims disengage from the process, which means that we cannot move those cases forward. My right hon. and learned Friend’s announcement on ISVAs is therefore incredibly welcome, but improving criminal justice outcomes will be difficult without a substantial increase in their numbers and their capacity. What measures will he put in place to do that and improve outcomes for victims?
Robert Buckland
My hon. Friend is right to focus on the need for early support for victims. As I said in my statement, the evidence is clear that an ISVA can reduce quite dramatically the number of victims who drop their case. The funding that I have put in place will allow us to recruit an extra 700 ISVAs, and we will go further than that in the victims’ law consultation by creating a statutory framework within which the work of ISVAs can be recognised and a national standard set, to ensure a consistent approach across England and Wales.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Home Affairs Committee will take evidence on the Government’s response from the Victims’ Commissioner, Emily Hunt, who advised the review, Imkaan and Rape Crisis on Wednesday. In 2014-15, I raised serious concerns with the Government about the drop in rape arrests at that time, which were already falling, and also warned about the hollowing out of specialist police teams and specialist prosecution teams working on rape, with fears for the consequences. However, none of us would have anticipated quite how far the numbers of prosecutions would then plummet. Can the Lord Chancellor tell me what assessment he has made of the number of specialist police officers and specialist prosecutors working in specialist rape teams and how it compares with five years ago, and if he has not, why not?
Robert Buckland
I take on board the proper points of the Chair of the Home Affairs Committee. I do not have specific figures to hand, but I can tell her that the RASSO—rape and serious sexual offence—units have been working for a number of years, from right back before 2014, bringing the police and the CPS together. I think a couple of things combined to make the figures so alarming. Most notably, there were a number of cases towards the end of 2017—such as the Liam Allan case, which we remember—where there was a genuine concern on the part of those representing accused people that somehow there was an issue with disclosure and that disclosure was not being done properly and thoroughly. That has long been a concern of mine, and I initiated work as Solicitor General to improve the way in which the disclosure was effected. I think that has had a chilling effect upon the approach to many cases.
I do not think it is right for me to apportion blame to anybody—far from it—but there is no doubt that we need to move away from the swinging pendulum—either the perception that it is swinging too far in the direction of too many cases being brought without evidence, or too far the other way, where only the safest cases are being brought and not enough is being done in respect of the volume.
I will take on board the right hon. Lady’s points about arrests. I think she will be encouraged by the review, which is a clarion call for a change in culture and in a way that the police in particular deal with the early stages of the investigation, but I will be happy to engage further with her on the detail.
Alberto Costa (South Leicestershire) (Con) [V]
Following the John Worboys outrage, the Secretary of State was given the authority, through the reconsideration mechanism, to request that the Parole Board reconsider certain decisions. He does not need to apply the same high threshold as in judicial review grounds of law to deem a case irrational. I welcome the future root-and-branch review of the Parole Board, but will the Secretary of State confirm that he will stand by his welcome numerous references to being firm on those who commit the most egregious sexual offences and murders against women, and will he refer the appalling decision to release double child rapist and killer Colin Pitchfork back to the Parole Board?
Robert Buckland
I pay tribute to my hon. Friend’s assiduous campaigning on this most grave and disturbing case. The decision to reconsider is one that I am looking at very carefully. I am taking the fullest advice and will make an announcement within the 21-day period, which will be very soon.
John Cryer (Leyton and Wanstead) (Lab)
The Justice Secretary’s statement referred to rolling out the pilot to all Crown courts, but we all know that it will be rolled out immediately to only nine Crown courts out of 70-odd. On the basis that during the two years that it took to publish the review, there were 100,000 reported rapes, at what point will he reach every Crown court in the country?
Robert Buckland
The hon. Gentleman is right to press me on speed. I remind him that the decision to publish the rape review now was made in the light of a very important judicial review that was mounted by representatives of the sector; I listened to their representations and quite rightly waited for the outcome of that important case before publishing. However, I take the point. I am as anxious as he is to get on with things, but in respect of the section 28 roll-out I have to work hand in glove with the judiciary, who are operationally responsible: for example, a listing of a section 28 remote cross-examination will take some time in the court day. We have seen some really good examples in which it is working well, but I am listening very carefully to the judiciary’s observations about how it can be rolled out fully. I will push as hard as I can to achieve my personal ambition to see section 28 become the norm. Through the scorecard mechanism that we are introducing, we will be held accountable at regular intervals and he will have an opportunity to press me if he does not think that it is going fast enough.
Jeremy Wright (Kenilworth and Southam) (Con)
I welcome what my right hon. and learned Friend has said. As he recognises, what is done in the preparation of a case matters at least as much as what is said in court, so I urge him to link closely the work that the Government are already doing on disclosure with the work that he has described this afternoon. However, as he also knows, what is said in court matters too. To reinforce the point that the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) made, if we are to ensure that rape myths are properly challenged, will the Justice Secretary make sure that in his conversations with the judiciary he looks carefully at the judicial directions given to juries, and that if they need further refinement, they get it?
Robert Buckland
I pay tribute to my right hon. and learned Friend, who as Attorney General worked very hard with me on the issue of disclosure and started the process that resulted in the revised Attorney General’s guidelines issued last year. He and I both know from our professional experience that a badly prepared and badly run case, in terms of disclosure, can be extremely destructive and frankly a miserable experience for those involved. He will be glad to know that we are not only pledging to ensure that victims’ phones are returned after no more than 24 hours, but working on new technology to ensure that analysis of data can happen that much more quickly. We want to ensure that 10,000 devices are examined through the year, rather than being left for months and months before the investigation can be taken further. On the court process, he will be glad to know of my decision to ask the Law Commission to look at some of the enduring issues surrounding the trial process, which I think will address many of his observations.
Jim Shannon (Strangford) (DUP)
I thank the Secretary of State for his statement. I was disheartened to hear that there are an estimated 128,000 victims of rape a year and that the reason that the figure is estimated is that less than 20% of victims of rape report to the police. Will the Secretary of State outline whether funding will be available to provide greater training for the first port of call in finding justice—the first police officer called to the scene—to help them to have a greater understanding of the needs of a rape victim in the first instance? Does he intend to provide additional funding for police forces throughout the UK to ensure that there are highly trained support-giving officers on every shift in every police district in every part of the United Kingdom?
Robert Buckland
I thank the hon. Gentleman for his question. I rightly have to speak about England and Wales as a jurisdiction, but I know these issues cover all three jurisdictions. There are plenty of examples of good practice where suitably trained police officers do that sort of work. We want to ensure greater consistency, and over and above the combined CPS-police working, I want more external scrutiny, in particular examining and looking at cases to ensure that all necessary evidence has been gathered, rather than the case being dropped. That aspect of challenging and testing the evidence will be an important plank of what I hope will be an increased number of cases. This is about confidence, and all Members of the House want to give those who have suffered at the hands of perpetrators the confidence they need to come forward. I accept that confidence has taken a huge hit in the last few years, and I hope that through my acknowledgement of that, and my willingness to take action—something I know is supported by Members across the House—we can start to grow confidence and improve that vital trust.
Katherine Fletcher (South Ribble) (Con)
I hear many times from friends and constituents the perception that if someone is a victim of crime, a rape, coming forward and reporting that will be painful—the hon. Member for Strangford (Jim Shannon) made that point. People feel they will not be trusted, and there is a barrier because people are not even coming forward to achieve the possibility of justice. How will the Lord Chancellor hold the system to account for the actions to which his Government have committed, to ensure that the report is delivered on, and those barriers broken down?
Robert Buckland
My hon. Friend is right to ask how we will measure this process; the scorecards, the data metrics, that will be published later this year will be a crucial way to do that. They will consider things such as victim engagement, the quality of files being processed, and the overall impact that that is having on the system. Those data will be an invaluable public source of accountability. I am prepared to go further. If we do not see the outcomes that I set out, we will of course have to look again at accountability issues. Given the excellent way that my hon. Friend opened her question, she will be glad to know that the CPS is in the process of developing new guidance for pre-trial therapy, counselling and support, with the aim of ensuring that victims get the support they need in a way that does not undermine or diminish the quality of their evidence. That could be a vital step forward for victims.
Mary Kelly Foy (City of Durham) (Lab) [V]
Darlington and County Durham’s rape and sexual abuse counselling centre is working with around 300 survivors. We know that 44% of rape victims pull out of the justice system before their day in court, and most never come forward to the police at all, with trauma being a major reason for that. What measures has the Secretary of State taken to ensure that sustainable funding for the mental wellbeing and support of victims is available at every point on the pathway to justice, and beyond?
Robert Buckland
I thank the hon. Lady for her question, and I pay tribute to the work being done by agencies in Durham. As she rightly points out, that is an example of the very good practice we see in various parts of our country. She will be glad to note the increased funding that I announced for ISVAs, and our intention to go further in the victims’ law consultation to create a national statutory framework. She is right to press the issue of expenditure and funding, and in the past two years my Department has achieved, year-on-year, 5% increases in revenue funding. In the next spending review I intend to make a strong case for the need to ensure that the rape review, and its ambition, is met with results.
Mark Fletcher (Bolsover) (Con)
I have spoken to victims who were actually treated well by the police—they were looked after—but when the Crown Prosecution Service became involved, it all fell apart. What steps is my right hon. and learned Friend taking to improve collaboration between the police and the CPS so that victims get the full support that they need?
Robert Buckland
My hon. Friend rightly identifies the breakdown that can sometimes occur when one agency passes over responsibility to another. That should not be happening. There are plenty of examples where there is better practice, but it should be uniform. That is why, in the report, we place heavy emphasis on joint working between the police and the CPS to create a much more seamless approach to the support for victims. Victims find that if they have one main point of contact who is with them throughout the process, that makes things somewhat easier compared with the experience of others. That is a very important principle when it comes to the support that victims deserve. The victims code will, and does already with its improvements, set out fundamental and clear rights, and we will go further by enshrining those in legislation.
Peter Kyle (Hove) (Lab)
The review that the Secretary of State has presented quotes victims as reporting that the withdrawal of services in recent years has played a crucial part in their failure to secure a prosecution. He has said in the media in recent days that the lack of investment and the cuts in recent years have played a part in the fall in prosecutions, so if disinvestment in parts of the criminal justice system is part of the problem, why has he presented a plan to Parliament that includes almost no reinvestment in the system?
Robert Buckland
I am grateful to the hon. Gentleman and, again, I pay tribute to the work that he has done on victims’ issues. Even though he has other responsibilities, I know that he will want to engage in the ongoing victims’ law consultation. I readily acknowledge some of the pressures and financial issues that have led to some services not being there, but some services were not even there in the first place. The number of ISVAs in the country is too low and that has historically been the case. I want to see not a return to a previous number but a new departure in the scale of support for victims. He will note the funding that I announced this year, which I want to follow up: I will continue to make the point and make the case that we need a sustained improvement in services to see long-term results. The hon. Gentleman’s voice is being heard.
Sir Edward Leigh (Gainsborough) (Con)
None of what has been said so far is going to get us very far. It is absolutely intimidating for a woman—an alleged victim of rape—to have to go through a traditional court procedure. Can we not think, in really radical terms, of replacing this confrontational system with something more like the family courts? In the context of alleged rape, it is quite right that the victim has anonymity, but if the perpetrator had anonymity as well—if the case was not going forward in a blaze of local or national publicity—we might actually get closer to the truth.
Robert Buckland
My right hon. Friend posits a very interesting point about the merits of perhaps a more inquisitorial or consensual system than the adversarial system, but I remind him—of course, he was a practitioner as well—that allegations of a criminal nature have to meet a high standard of proof, and the burden of proof is on the prosecution in these cases. There is no getting away from that, which is why, progressively over the years, we have done everything we can to improve and to allow the best evidence to come forward from complainants through the use of special measures, remote technology and, indeed, the TV link, which has been around for 30 years. I want to go further with regard to that and make sure that evidence can be dealt with as early as possible. I will no doubt have further discussions about this issue with him, but at this stage I believe that we can seek improvement through the existing system while, as I say, dealing with some of the unfortunate consequences to which he rightly alludes.
Joanna Cherry (Edinburgh South West) (SNP)
This review applies to England and Wales only, but Scotland faces similar challenges. In 2009 I was privileged to be one of the first specialist sex crimes prosecutors in Scotland’s national sex crimes unit, and I am looking to its work being rejuvenated under the leadership of the Lord Advocate, my very dear friend Dorothy Bain QC. Does the Lord Chancellor agree that it is imperative for data accuracy, and for trust in official statistics, in public policy, in media reporting and in research and public bodies that the sex of those directly charged with rape or attempted rape is accurately recorded?
Robert Buckland
I join the hon. and learned Lady in her remarks about the Scottish system. I congratulate the new Lord Advocate and look forward to meeting her. As I have always said to the hon. and learned Lady, there is much that we can learn from the Scots and, I know, much that the Scots learn from England and Wales with regard to the prosecution of offences. [Interruption.] Oh, she must readily accept that. We were far ahead of the Scots with regard to rules on corroboration, for example. But it is not a competition; it is all about us learning jointly as part of our United Kingdom. With regard to the accurate reporting of gender, clearly the definition of rape itself will tell us about the sex of the perpetrator. That, in itself, should be the clearest indicator of the sex of the person who perpetrates these crimes. No doubt she and I will talk about this matter further. I think I know the drift of her question.
Siobhan Baillie (Stroud) (Con)
My right hon. and learned Friend mentioned that our lives are on our phones. Access to people who can give us comfort on our phones is greatly needed when going through a period of trauma, as are some of the victims of rape coming forward to the police. Can he give us more information about what he is doing to ensure that the ambition that phones will not be separated from victims for more than 24 hours will be achieved, and give us the timeline for that as well?
Robert Buckland
I am grateful to my hon. Friend, who, as a practitioner in the law, dealt with, in a family context, many of the consequences of serious sexual abuse. She will see that the report does include direct reference to our ambition to return phones within 24 hours, or to provide a swap-around service so that if the phone cannot be handed back, then a substitute will be given. However, this needs to go further with regard to investment in analytics. That is why this year I shall host a tech summit to bring together the sector in a way that can only lead to enhancements in the speed and quality of data analysis, because she is quite right that we need to improve that experience quickly.
Mr Speaker
I now suspend the House for three minutes to enable the necessary arrangements to be made for the next business.