Streatham Incident
Robert Buckland Excerpts(4 years, 3 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
With permission, Madam Deputy Speaker, I will make a statement about the senseless and horrific terror attack in Streatham yesterday afternoon.
Two members of the public were brutally stabbed as they went about their business on the busy high street. Another was injured as our brave police stepped in before even more harm could be done. I am sure that Members will join me in sending our thoughts and prayers to the victims, their families, and all those affected by this appalling attack. I would also like to pay tribute to our outstanding emergency services, who once again ran towards untold danger to protect the public: the police who shot the offender to save others, and the ambulance staff who fearlessly tended the wounded, despite the risk to their own lives.
Protecting the public has to be the No. 1 priority for this Government. The Streatham incident is subject to an ongoing police investigation, and I am therefore limited in what I can say at this time, but I would like to share what details I am able to with the House. A known terrorist senselessly stabbed a man and a woman on Streatham High Road at about 2 pm yesterday. The attacker has yet to be formally identified but the police are confident that it was 20-year-old Sudesh Amman. In December 2018, he was imprisoned for three years and four months for 16 counts of distributing extremist material and for the possession of material likely to be useful for the purposes of preparing a terrorist act. The sentence he received was a standard determinate sentence, and that meant that one week ago he was automatically released halfway through that term. The Parole Board had no involvement in the matter. The law required automatic unconditional release at the halfway point.
Amman was being followed by armed police officers when he made his attack, and they immediately shot him dead before he could harm any others. They stepped in despite the fact that he appeared to be wearing an explosive device, which has now been confirmed as fake. A female member of the public in her 20s was hurt by broken glass as shots were fired to end the threat. She remains in hospital, as does the male victim, who is in his 40s. I am pleased to say that he is now recovering after initially fighting for his life. The other female victim, who is in her 50s, has since been discharged. Our thoughts are with them all. As this is an ongoing investigation, it would be inappropriate for me to comment further on the case while the full facts are being established, but I would like to reassure hon. Members that our outstanding security services and the police have the full support of the Government as they investigate this atrocity.
I also want to talk about our security services, police, and prison and probation officers, and about their joint response. All these operational agencies are truly first-class. They are the epitome of public duty. The swift response to yesterday’s attack, monitoring the threat and responding quickly when it escalated, can give us confidence that the police and security services are doing all they can to keep the public safe. Our Prison Service and probation service have robust measures in place to deal with terrorist offenders, and we are at the forefront of international efforts to counter this threat.
All terrorist prisoners and individuals who are considered to be an extremist risk are managed through a specialist case management process. Most can be dealt with as part of the mainstream prison population, but where necessary, a small number of the highest-risk offenders are now managed in separation centres. The time an offender spends in prison is an opportunity for us to do our best to rehabilitate them, while recognising that this is no simple challenge. Psychological, theological and mental health interventions are all used, and Her Majesty’s Prison and Probation Service psychologists supply two formal counter-radicalisation programmes, used both in custody and in the community. In addition, the desistance and disengagement programme was rolled out in prisons in 2018. It provides a range of intensive tailored interventions designed to address the root causes of terrorism. I want to pay tribute to the work of our prison and probation staff. They are dedicated to keeping the public safe, and they work tirelessly to try to turn lives around, even in the face of such a deep-seated ideology.
The tragic events at Fishmongers’ Hall in November last year showed that we need to look carefully at the way we deal with terrorist offenders, and I have long been clear, as has my right hon. Friend the Prime Minister, that automatic halfway release is simply not right in all cases. After the London Bridge attack, the Prime Minister, the Home Secretary and I immediately promised a major shake-up of our response to terrorism and, two weeks ago, the Home Secretary and I announced clear measures, a tough new approach, and a new commitment to crack down on offenders and to keep people safe.
First, we will introduce longer and tougher sentences for serious terrorist offenders, ending release before the end of their custodial term, and opening up longer licence periods while keeping the worst offenders locked up for a mandatory minimum 14-year term. Secondly, we will overhaul prisons and probation, with tougher monitoring conditions, including lie detector tests to assess risk. Thirdly, we will double the number of counter-terrorism probation officers and invest in counter-terrorism police, providing an increase in funding of £90 million from this April. Finally, we will put victims first by reviewing the support available to them, including an immediate £500,000 boost for the victims of terrorism unit.
We have also announced an independent review of our multi-agency public protection arrangements, to be led by Jonathan Hall, QC. The review will look at pre-release planning and the management of offenders upon release into the community. Many of the measures will be included in a new counter-terrorism, sentencing and release Bill to be introduced in the first 100 days of this re-elected Government.
Yesterday’s appalling incident plainly makes the case for immediate action. We cannot have a situation, as we saw tragically yesterday, in which an offender—a known risk to innocent members of the public—is released early by automatic process of law without any oversight by the Parole Board. We will be doing everything we can to protect the public. That is our primary duty. We will therefore introduce emergency legislation to ensure an end to terrorist offenders getting released automatically with no check or review having served half their sentence. The underlying principle must be that offenders will no longer be released early automatically and that anyone released before the end of their sentence will be dependent on a risk assessment by the Parole Board.
We face an unprecedented situation of severe gravity and, as such, it demands that the Government response immediately, and that this legislation will therefore also apply to serving prisoners. The earliest point at which these offenders will now be considered for release will be once they have served two thirds of their sentence, and crucially, we will introduce a requirement that no terrorist offender will be released before the end of their full custodial term unless the Parole Board agrees. We will ensure that the functions of the Parole Board are strengthened to deal even more effectively with the specific risk that terrorists pose to public safety. For example, we will ensure that the appropriate specialisms are in place. That work is in train, and we will take steps to implement it as soon as possible.
When terrorist offenders are released, we will always ensure that they are subject to the most robust safeguards, and we will consider whether new legislation is required to provide additional assurance. We will also review whether the current maximum penalties and sentencing framework for terrorist offences is sufficient or comprehensive, on the underlying principle that terrorist offenders should no longer be released until the Parole Board is satisfied that they are no longer a risk to the public.
As I said, Madam Deputy Speaker, keeping our streets and our people safe is our first duty. We face a threat from an ideology that takes no heed of others, and we must use every tool we can to make sure that that threat is neutralised. The British public have a proud history of coming together in times of adversity against those who seek to divide us, and it is together that we can make sure that the terrorists who seek to threaten our way of life will never win. The Government will do everything in our power to defeat them and to ensure that the public are protected. I commend this statement to the House.
Richard Burgon (Leeds East) (Lab)
I had sight of the Secretary of State’s statement only 20 minutes before he started speaking. That left me in the unacceptable position of having to prepare my statement about such a serious matter on the basis of press briefings.
I begin by saying that my thoughts are with the people attacked yesterday, their families and the people of Streatham, who witnessed this absolutely horrific attack. I also pay tribute to our police and emergency services for the professionalism and courage that they demonstrated in their swift response to the attack.
The first responsibility of a Government is to keep their citizens safe. Tragically, cuts over the past decade across our justice system—to the police, prisons, probation and the Crown Prosecution Service—have left our communities less safe. That is why our justice system is in crisis.
It will take time, of course, for the full facts about yesterday’s terrible attack to come out. We owe it to those affected to carefully assess what happened and take the action necessary to reduce the risk of similar attacks happening again. Experts have raised serious concerns about the impact of austerity on the Government’s programmes for dealing with terrorism offenders. A former CPS chief prosecutor for north-west England described those programmes today as “largely underfunded” and “poorly executed”. Does the Secretary of State agree with that assessment? What is being done to address the situation?
I turn to prisons. This is the second such attack carried out by a recently released prisoner in recent months. How many of the recommendations from the 2016 review into extremism in prisons have been implemented? Huge cuts to prison budgets have not only left our prisons with more than 2,000 fewer officers than in 2010; they have also led to an exodus of experienced staff, involving the loss of tens of thousands of years of experience. That experience is vital in maintaining safety and order in prisons and, crucially, in identifying and dealing with radicalisation.
Figures that I obtained last year show that the picture in high-security prisons is even worse, with over 400 fewer prison officers in such prisons compared with the figure for 2010. Does the Secretary of State believe that those cuts to staffing levels have made it more difficult to monitor people convicted of terror offences in prisons? The same figures revealed that Belmarsh, where the Streatham attacker was held until his release last week, has a staggering 100 fewer prison officers than it did back in 2010. By what date will the Government return all high-security prison staffing numbers to 2010 levels?
Sadly, the problems in our criminal justice system are not limited to prisons. Probation manages hundreds of thousands of offenders released from prison. All but a handful of the most dangerous prisoners will at some point leave prison. Probation has a vital role to play in keeping our communities safe. The Government’s decision to break up our probation system, alongside the decision to outsource the monitoring of some of the most dangerous offenders in bail hostels, has left the public at higher risk. What assessment has the Secretary of State made of the consequences of the failed probation reforms for the monitoring of those convicted of terror offences?
Finally, I turn to sentencing. Judges can ensure that the most dangerous offenders are not released halfway through their sentence and that instead they serve a minimum of two thirds, and are released then only if the Parole Board determines that it is safe for that to happen. We will look at the proposals referred to in the Secretary of State’s statement, because our priority must be to keep the public safe. But to be clear, the Government cannot use sentencing as a way of distracting from their record of bringing the criminal justice system to breaking point.
Robert Buckland
I am grateful to the hon. Gentleman for making his points, and I will do my very best to answer them all. On his last point, about sentencing, he is right to make reference to the extended determinate sentence system—but that, of course, depends on the learned judge making a finding of dangerousness. In this particular case, that option was open to the court, but the court decided not to take it, which is why the term was a standard determinate one. More needs to be done on the framework, to make sure that it does not depend on the need to make such a finding and that we can end automaticity when it comes to early release. I very much hope that the hon. Gentleman and his party would support that approach when it comes to the necessary legislation.
The hon. Gentleman makes observations more generally about the justice system. I remind him that the responsibility for the supervision of serious offenders has always lain with the National Probation Service, which remained within the hands of the state. I reassure him that the reforms to probation that I am driving forward mean we will bring together all the arms of the probation service in a way that will leader to greater co-ordination, a better spread of casework for probation officers and improved purchase on the regime, which needs to be applied. We are actively recruiting more probation officers.
Ian Acheson made his report in 2016, and eight of the 11 consolidated recommendations were adopted, with disagreement on three of them. I commend the work that he and others did. Things have moved on considerably since that point, and it is right for me to emphasise the joint working the Home Office, my Department and the security services do to make sure we are all working together to monitor not just offenders of this nature in the community, but terrorist offenders in prison. Other countries are learning from that experience.
The hon. Gentleman made the general remarks about the justice system that we hear from him regularly, so I simply remind him of the choices we had to make at the beginning of the last decade, the difficulty we were placed in and the fact that we are increasing counter-terrorism funding and bearing down on the risk we face. There has never been any question, at any time during the Conservative Government’s period in power, that we have prioritised resources over the need to protect the public. We will continue to put public protection at the centre of our deliberations, irrespective of the cost.
Several hon. Members rose—
Sir Robert Neill (Bromley and Chislehurst) (Con)
I welcome the Lord Chancellor’s approach to this, because most of us recognise that the exceptional nature of this threat may require exceptional measures. However, can he help us as to precisely which rehabilitation measures the perpetrator of this attack was subject to while in prison? Will he consider again the remaining aspects of the Acheson review regarding much more assertive management of these particularly complex and dangerous prisoners within the system, from the start of their sentence?
Robert Buckland
I am grateful to my hon. Friend, the Chair of the Select Committee on Justice. It would perhaps be wrong of me to go into specific detail as to the regimen that applied in prison to this offender. I would make the general observation that the terrorist cohort is complex and difficult to assess, and if there is not engagement by individuals with the programmes on offer, the assessment of risk becomes a much more complicated exercise. I simply say that bearing in mind the exceptional nature of the terrorist cohort, exceptional approaches are needed.
Joanna Cherry (Edinburgh South West) (SNP)
May I start by extending my sympathies and those of the Scottish National party to those injured and terrorised by yesterday’s events, and by praising the security and emergency services? I am pleased that the UK Government are following the Scottish Government’s lead in ending automatic early release for the most serious offenders. The Lord Chancellor has said that he intends to introduce emergency legislation, making retrospective provision in relation to those sentenced before the law was changed. Will he assure me that the usual legal difficulties with retrospective legislation have been addressed to his satisfaction?
Sentencing is only a small part of the answer to terrorism, and what happens during the sentence is what matters. To date, deradicalisation and disengagement programmes have been largely “unfunded and poorly executed”. Those are not my views, but the views of Nazir Afzal, the former chief Crown prosecutor for the north-west of England, an experienced lawyer and a prosecutor worth listening to. He says that that has happened as a direct consequence of the decision by successive Tory Governments to cut funding to probation and other rehabilitation programmes. Of course, the costs of the sort of post-release police surveillance that we saw yesterday far outweigh the costs of adequate funding for preventive measures and deradicalisation. Does the Lord Chancellor agree with me and Nazir Afzal on that? Will he assure the House that in future sufficient funds and resources will be made available to deal with preventive and deradicalisation programmes in prison?
Finally, it was reported earlier today that an anonymous No. 10 source told Sky News that the system for dealing with terrorism has significant problems because of
“the shocking influence of lawyers on policy”.
I imagine that the Lord Chancellor does not share that view—[Laughter.] This is important. Will he join me in condemning those sorts of anonymous briefings? Does he agree that there is plenty of room to introduce robust anti-terrorism policies that are rule-of-law compliant?
Robert Buckland
I am grateful to the hon. and learned Lady for her remarks about the solidarity that we have across these islands with regard to terrorism.
Let me deal with her last point first. It is important to remember that we in this country stand for the rule of law and due process. That is what marks us out as different from those who rely on the bullet and the bomb—those who use indiscriminate and arbitrary means and methods to impose their will on us. If we stand for nothing else, we have to stand for the rule of law. That makes us better than them, it makes us different and it means that we have something worth defending. I hope that answers the hon. and learned Lady’s latter question.
On the first issue that the hon. and learned Lady raised, as I said, this is an exceptional situation. The issue of retrospective effect is of course a key factor. The important point is that we are talking about the administration of a sentence—the way it is dealt with, as opposed to its length or type. For that reason, it is entirely appropriate to look at the administration of a sentence and I would regard that as a reasonable approach.
The hon. and learned Lady asked about resources. I am happy to tell her that in the past several years, counter-terrorism funding has increased year on year. I repeat the point that I made to the hon. Member for Leeds East (Richard Burgon): resources will never get in the way of our dealing properly and robustly with those who pose a threat to us. The way in which we deal with terrorism continues to evolve, and programmes change and adapt according to the knowledge that we accrue. I will not pretend that we are in a state of grace when it comes to these things, because we are still learning, but make no mistake about it: this country is a world leader and many other states look to us as a beacon because of the way we deal with counter-terrorism and the particular threat that it poses.
James Brokenshire (Old Bexley and Sidcup) (Con)
My right hon. and learned Friend is right to underline the fact that the thoughts of the House remain with those affected by this shocking incident, and to commend the work of our police and security services. He has underlined the decisive action that he intends to take in respect of the halfway-point issue, and I commend him on that. Will he look at the issue firmly post the release of offenders and the potential availability of measures such as terrorism prevention and investigation measures to provide the level of safeguard and control necessary to assure the public that if there is risk, it can be managed effectively?
Robert Buckland
My right hon. Friend served with distinction as the Security Minister. Indeed, I remember sitting with him in the Bill Committee on the TPIMs legislation some years ago. He and I understand that a distinction is to be drawn between the sentencing process and that particular mechanism, but there is no doubt that there is merit in what he says about the way in which we need to make sure that those who pose a continuing risk are adequately monitored. I will consider his remarks very carefully indeed.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I join the Lord Chancellor in his tribute to the Security Service and the police, who work so hard on this issue. He is right to address the concerns relating to sentencing and parole, to ensure that dangerous terrorists and extremists who continue to pose a risk to the public are not released early, but he will know that the problem is not solved if it is just deferred to the end of the sentence. He will know that there have been considerable warnings about these risks, and that Ian Acheson has expressed considerable concern that the recommendations in his review have not been fully implemented. What is the Lord Chancellor’s assessment of the 69 recommendations that Ian Acheson made, and how many of them have been implemented?
Robert Buckland
I am grateful to the right hon. Lady, the Chair of the Home Affairs Committee, for her question. The Acheson recommendations were, with his agreement, consolidated into 11 particular measures, of which eight were accepted by the Government, and three were disagreed with. Having paid tribute to Ian Acheson and to the work that he did, and indeed to his continuing input into this important area, I think it is right to say that, since 2016, a lot has developed with regard to how we manage offenders. Indeed, the particular separation units that were recommended have been set up. The criteria for the use of those units obviously have to be carefully monitored so that we are not using them in an arbitrary way. At the same time, I am proud of the facilities at Belmarsh and Whitemoor, which I saw when I visited them myself. I know about the particular criteria that are applied in separation units and the intensive work that goes on. She and I know that this is a very difficult cohort: there are some who superficially comply and yet harbour their hatreds even beyond release; and there are others who are capable of rehabilitation. What we are talking about is more than just punishment. The watchword has to be public protection. Are we doing everything that we can to keep our streets safe? If we are not, then we need to do more. Hence today’s statement.
Vicky Ford (Chelmsford) (Con)
My constituent, Liam Taylor, was 19 years old. He and two others were stabbed on Friday night. It was not a terrorist attack, but it was a terrible attack and Liam died at the scene. My thoughts are with his family, and my thanks go to Essex police. Does my right hon. and learned Friend agree that, when it comes to tackling knife crime, whether committed by a terrorist or otherwise, our police, our prisons, and our justice system must have all the resources they need?
Robert Buckland
May I join my hon. Friend in her tribute to everybody who did their utmost to try to save a life in what was a terrible tragic incident in her constituency? Sadly, it is an incident that is repeated far too often, and the scourge of knife crime is something that I think all of us in this House will have been touched by. The causes of it are complex. Some of the reasons are ones that we well understand—county lines, exploitation, and the use of knives as an enforcement weapon—but there are other reasons as well that we also need to understand. That is why I pay tribute to organisations such as the Ben Kinsella Trust and all those charities and groups that work so hard to educate young people about the dangers of knife crime. If I hear again the phrase, “I carry a knife for my own protection”, I think that I will scream. In so many cases that I have dealt with, that has been the cause of so much misery, injury and death.
Bell Ribeiro-Addy (Streatham) (Lab)
The people of Streatham, as resilient and as united as they are, remain shaken by what happened yesterday. We are very grateful to the emergency services for their swift response and for the fact that they saved many lives. The Minister says that we are at the forefront of tackling terrorism and that we have robust measures in place, but those measures did not prevent what happened in my constituency yesterday. Although I note what he says about automatic release, the people of Streatham cannot fathom a situation in which somebody so dangerous who has to be under surveillance immediately after leaving prison is allowed to leave. Will the Minister assure me, and assure the people of Streatham, that there is no circumstance—no measure that could have been taken—that would have stopped this individual from being released from prison?
Robert Buckland
I thank the hon. Lady for her question. She is representing her constituents fearlessly and well. I join her in the tribute to the people of Streatham who experienced not just the immediate horror, but the long aftermath of this terrible incident. I can assure her that the law had to apply in this case. This is the law that had been changed in the Criminal Justice Act 2003, which allowed automatic early release, and which meant that the Parole Board was not involved. There was no risk assessment as a prerequisite of release and therefore the automatic element of it meant that the particular situation that she described so well applied. It is something that I do not accept, which is why I have announced today that I will act and will deal with it in the form of emergency legislation, because I want to protect the public, the people of Streatham and the people of all our communities in our country. I thank the hon. Lady for her comments.
Robert Halfon (Harlow) (Con)
I strongly welcome the remarks and actions of my right hon. and learned Friend. The root of this often lies in radicalisation at schools, colleges and universities. We have the Prevent programme, but what assessment has he made of that programme, and are there any plans to strengthen it in our education system?
Robert Buckland
I am grateful to my right hon. Friend, the Chair of the Select Committee on Education. He will be reassured that the Prevent programme is under constant examination and review. The nature of the threat continues to change, and in this case and at Fishmongers Hall we see individuals arming themselves with knives in a very random way. That is a new aspect of behaviour that we need to understand fully. The short answer is yes, we will continue to redouble our efforts to make sure that we reach all those young people who are particularly vulnerable to this type of exploitation, and of being sucked into extremism and worse.
Several hon. Members rose—
Dame Diana Johnson (Kingston upon Hull North) (Lab)
With No. 10 briefing on some of the terrible decisions that have been made in the past 15 years on counter-terrorism policy, does the Lord Chancellor believe that the introduction of the regime of terrorism prevention and investigation measures, which weakened the control order regime that had been in place, was one of those terrible decisions?
Robert Buckland
The hon. Lady will remember the legal morass that we got into with control orders—it was not a happy experience—which faced constant challenge in the courts. Their effectiveness was undermined, I am afraid, and it was essential that we took measures to make sure that we had a regime that was invulnerable to such challenge and which would be sustainable. That is why the changes were made. The hon. Lady is somewhat misrepresenting the position, if I may say so.
Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
When might we see the emergency legislation of which my right hon. and learned Friend speaks?
Robert Buckland
I am not going to begin prejudging what the business managers might have in mind or, indeed, the allocation of time in the House, but as soon as possible.
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
In response to my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), the Minister said that he would look at further legislation, but she hit the nail on the head. This man was released from prison, and immediately followed by armed police. The Minister seems to have ruled out control orders, so what will be in the emergency legislation that means that that risk cannot happen again? If this man was so dangerous why was he let out?
Robert Buckland
I do not know whether the hon. Lady, the Chair of the Public Accounts Committee, heard what I said. The purpose of the emergency legislation is to end automatic early release at the halfway point. That will apply to serving prisoners, which is why I want to introduce emergency legislation, which will be introduced as soon as possible. That ends the automaticity element, which was the reason why this individual, who posed a risk, was released. There was nothing more that we could do, because the law, as passed by the previous Labour Government, was what we had to apply. That is what we are going to do, and I am more than happy to explain it further to the hon. Lady later.
Dr Julian Lewis (New Forest East) (Con)
How seriously should we take the recent report that one of Lee Rigby’s killers claims to be a reformed character?
Robert Buckland
I have not seen that report. It is a matter for those responsible for the assessment of risk within the custodial estate to look at the evidence, to professionally assess it and to understand the particularly unique risks posed by the terrorist cohort. I think the thrust of my right hon. Friend’s question was precisely on that point, and it is well understood.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I welcome the Lord Chancellor’s plans for temporary emergency legislation, but surely he was aware of this problem as early as last October. Why did he not incorporate measures in the draft Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019, which we debated only six days ago?
Robert Buckland
The hon. Gentleman would obviously advocate a counsel of perfection. I am dealing with serious violent and sexual offenders—[Interruption.] No, I am sorry but I will not accept that; a lot of the offenders who commit terrorist-related offences are covered by the statutory instrument that was passed last week. We are now dealing with all terrorists and terrorist-related offenders. After every serious incident, it is our duty to assess the level of risk and to look at the situation before us.
Robert Buckland
The hon. Gentleman can shake his head as much as he likes, but I am totally clear that we need to act quickly. That is why we are going to introduce emergency legislation, and I am sure he will support us in the Lobby.
Sir John Hayes (South Holland and The Deepings) (Con)
During my time at the Home Office, I introduced the Prevent duty so I am well aware of the importance of managing these matters before people are convicted, during incarceration and on release. However, sentencing matters. The Lord Chancellor has mentioned ending early release and increasing mandatory sentences. Will he also urgently consider imposing tougher minimum sentences?
Robert Buckland
My right hon. Friend, as a former Security Minister, is indeed very familiar with these issues, and he and I worked together on them during the passage of the Investigatory Powers Act 2016. I reassure him that a mandatory minimum sentence of 14 years for serious terrorist offences will be part of our proposals in the counter-terrorism Bill, and I am sure that he will vigorously support that legislation when it comes to be debated in the House.
Daisy Cooper (St Albans) (LD)
The fact is that this attacker should not have been released from prison automatically. The law requiring automatic release is wrong, and it is right that we are now going to fix it, but that in itself is not enough. Whether people are locked up for two years, five years, 10 years or more, there is a very grave risk that people will come out of prison more dangerous than when they went in because our prisons are in crisis. What actions will the Minister take to ensure that all criminals, but especially high-risk terrorists, do not come out of prison more dangerous than when they went in?
Robert Buckland
I welcome the hon. Lady’s support for the measures that we are going to introduce. She is absolutely right about the need to end automatic early release. I assure her that we use a range of engagement programmes to deal with this violent and dangerous cohort of people. These engagement programmes are of various natures, and are designed to meet the particular demands that such individuals can pose. However, the programmes do require engagement. Where there is engagement, we can achieve results, but we also need to be mindful of the dangers of superficial compliance. That is why this particular cohort is difficult, challenging and tough, and requires an unprecedented response.
Sir William Cash (Stone) (Con)
Will the Minister give me an assurance that the legislation will be fully retrospective, notwithstanding article 7 of the European convention on human rights—he knows what I am saying—and, furthermore, that it will be good law, and that if Parliament clearly and expressly makes it clear that it intends such legislation to be retrospective, the courts, despite their reluctance, will give effect to it?
Robert Buckland
My hon. Friend is absolutely right to remind us of the powers of Parliament in that respect, and, indeed, of the role of the Law Officers in giving consent to legislation that has retrospective effect. I remind the House that this is all about the administration of sentences, rather than their actual length or type. That is why I judge it appropriate in these unprecedented circumstances to introduce this legislation. I will discuss the details of the matters he raises with him when the legislation is introduced.
Mr Kevan Jones (North Durham) (Lab)
I have no problem in supporting stopping early release, but the Secretary of State is aware that there are individuals who, no matter how much rehabilitation we do, will come out still dangerous. When, in the last Parliament, the Intelligence and Security Committee took evidence on the Westminster Bridge attack, the security services raised with the Committee concern about 38, I think, individuals who would be released in the next two years and considered as dangerous. Was this individual one of them? I suspect that he was if he was being followed by an MI5 team. What are we going to do in terms of protecting the public from these individuals, because they will come out anyway after a certain period, early release or not? If the Government did know about this individual beforehand, why did they not intercede beforehand, because I know that the Security Service has real, serious concerns about these people on quite short sentences?
Robert Buckland
I pay tribute to the work of the right. hon. Gentleman on that Committee. He will know that it would be invidious of me to descend into the particular circumstances of this individual case, as the investigation is ongoing, but he raises a valid point about the monitoring of offenders post sentence and post licence. That is why I am looking very carefully to see what can be done in the provisions of the new counter-terrorism Bill to extend the purchase of the licence system to elongate licences so that we have that formal system as part of the sentence. The right hon. Gentleman also echoes the point made by my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire) on whether more can be done with regard to a particular regime that could be applied. These are difficult questions, but I am sure that he and I will engage upon them in the weeks ahead.
Several hon. Members rose—
Robert Buckland
My hon. Friend asks a pertinent question. I think that the individual offender needs to be assessed. There will be times when isolation is absolutely the right thing to do, but there is always a danger that by isolating prisoners of this nature together we could create further colleges of extremism. We therefore need to get the balance right. I think we are, but we constantly keep it under review.
Mr Pat McFadden (Wolverhampton South East) (Lab)
I want to return to the question from my hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson). Does the Secretary of State not accept that it was a mistake to weaken the control order regime and replace it with a weaker system of supervision—a decision taken not through judicial necessity but through a political deal between the Conservative party and the Liberal Democrats? Will he now review that decision in the light of the recent incidents?
Robert Buckland
I am very glad that the right hon. Gentleman asked me that question because it allows me to develop part two of the point. He will have noticed in the years since the debate on TPIMs a welcome increase in the number of prosecutions for offences of terrorism. I have always believed, as I think he does, that the best way to deal with this type of offender is prosecution. The number of returning foreign fighters who have been prosecuted—I personally granted consent to a large number of prosecutions when I was Solicitor General—means that we have had an increasing number of that cohort in our prisons. It is as a result of conviction that they are on sentences, rather than part of that control order regime. I am afraid that he is choosing to ignore this point: it was a system that we had to change and I do not think it was the wrong thing to do.
Suella Braverman (Fareham) (Con)
When I was Treasury counsel, I acted for the Government in various parole cases in which the Human Rights Act 1998 was often a feature. Does my right hon. and learned Friend agree that strained interpretations of the Human Rights Act have served to undermine the delicate balance of rights versus responsibility, and that we now need an approach that means that national security and public safety will never be jeopardised?
Robert Buckland
My hon. Friend speaks with considerable experience. Human rights are there to protect us all. They should never be a means of enhancing the rights of those who would wish us ill. Therefore, while it is important that we have that underpinning framework, we must make sure that the balance is always struck in the interests of the protection of the public when it comes to serious violent and terrorist offenders.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
The Lord Chancellor mentioned that he wants to protect the public and protect the people of Streatham. Is he aware that, on the back of some terrorist-related incidents, we see a spike in hate crime? On 1 January 2020, the North Brixton Islamic Cultural Centre in my constituency had an anti-Islamic hate slogan graffitied on the wall, and a number of our Muslim communities are now feeling quite scared about reprisals. Does he agree that all our communities have the right to go about their daily lives without any fear of physical or verbal abuse? Will he ensure that any consideration of new legislation will provide that additional reassurance for all our constituents?
Robert Buckland
The hon. Lady raises a pertinent point, because it allows me to remind the House that we are dealing not just with so-called Islamic terrorism but with far-right terrorism. About a sixth of the cohort in our prisons are far-right extremists. That is a problem that we readily knowledge. We must face up to it and be honest about it. I absolutely condemn attacks on mosques or places of worship to do with that great religion, because hate crime has no place in our society. I will continue in my current role, as I did as a Law Officer, to do all I can to promote the need to stamp out hate crime in all its insidious forms.
Alicia Kearns (Rutland and Melton) (Con)
Radicalisation does not end at the end of a prison sentence, so will the Lord Chancellor commit to working for better co-operation between MAPPA and Prevent co-ordinators, because that will help to minimise the risk of convicted terrorists to all our communities?
Robert Buckland
My hon. Friend will be glad to know that as part of our measures announced several weeks ago, a review of the MAPPA provisions has been announced. It will be led by Jonathan Hall, Queen’s Counsel, and one of the issues that will be looked at will be the very matter that she raises. I am grateful to her.
Several hon. Members rose—
Informal Justice and Home Affairs Council
Robert Buckland Excerpts(4 years, 3 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Informal Justice and Home Affairs Council under the Croatian presidency of the Council of the EU took place on 23 and 24 January 2020 in Zagreb.
I represented the UK on Justice Day. My colleague right hon Friend the Minister for Security, attended the meeting for interior day.
Justice day began with a discussion on the future of EU justice and home affairs in the fields of freedom, security and justice, with a focus on the following justice policies: fundamental rights and the rule of law; civil judicial co-operation; judicial training and criminal justice.
Over lunch, Ministers considered the role of the European judicial network in civil and commercial matters, recognising its importance in facilitating judicial co-operation.
Ministers then discussed judicial training. I provided an overview of judicial training in the UK, including the independent role of the judiciary in assessing the required learning and development. I highlighted that our approach to providing training for the judiciary is in accordance with the separation of powers, in that training is under the control of the judiciary and not the Government.
The first agenda item of interior day discussed the future of EU justice and home affairs activity, focusing on the home affairs area. The Minister for Security intervened to highlight issues relating to end-to-end encryption, drawing attention to the open letter to Facebook from the Home Secretary.
The Minister for Security also encouraged member states to ensure that the voice of their law enforcement agencies and interior Ministries was heard during discussions on the EU’s negotiating mandate for a future internal security agreement with the UK.
Interior Ministers then discussed implementation of legislation on the interoperability of EU JHA databases.
Over lunch, Ministers discussed tackling organised immigration crime in the western Balkans, including a proposal to create a regional western Balkans system similar to the Eurodac database (which stores fingerprint and biometric data of asylum applicants).
The afternoon session focused on implementation of the European Border and Coast Guard agency, which the UK does not participate in.
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Oral Answers to Questions
Robert Buckland Excerpts(4 years, 4 months ago)
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Amanda Solloway (Derby North) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Mr Speaker, may I welcome you to the Chair? This is the first opportunity I have had formally to do so, other than in the ceremony of appointment.
We have already started work to overhaul our sentencing framework. We know that prolific offenders generally have multiple and complex needs linked to their offending behaviour, in particular relating to drugs, alcohol and mental health. We will be introducing new sentencing laws, including more robust and effective community penalties.
Tom Tugendhat
The Lord Chancellor speaks very well on many matters of sentencing, but one of the things that came up in the manifesto that I would be particularly interested in hearing him speak about is extending sentences for some of the worst offences. On page 18 of our manifesto, as he will remember—indeed, I am sure he wrote it—there is a call for extending child cruelty sentences as well. I would be very grateful if he tried to introduce Tony’s law, named after baby Tony Hudgell, who was so brutally assaulted by his birth parents before, thank God, he found love with his true parents, the Hudgell family.
Robert Buckland
I pay tribute to my hon. Friend for his consistent campaigning on this issue. He will remember my own involvement in getting child cruelty law updated to cover psychiatric and psychological harm because, frankly, it was out of date. I would be happy to talk to him about it. It is important to remember that there is an interrelationship between this offence and very serious offences of violence that tragically are inflicted on children and for which, for example in section 18, the maximum sentence is life imprisonment.
Amanda Solloway
The average rate of reoffending in Derbyshire is 27.1%, which is lower than the average for England and Wales, but my constituents in Derby North are still rightly concerned about career criminals. What plans does the Minister have to bring down reoffending further both in Derbyshire and in England and Wales?
Robert Buckland
I welcome my hon. Friend back. We have missed her for the last two and a half years; it is good to see her back in her place. I pay tribute to her for her community campaigning in Derby North. She is absolutely right to raise the issue of career criminals. Sadly, there is a cohort of people who are very hard to reach, which is why all options have to be open to sentencers, including custody. But it will be part of our plans, canvassed in a White Paper ahead of any sentencing legislation, to see what extra programmes and measures can be taken to deal with that particular cohort of persistent offender.
Richard Burgon (Leeds East) (Lab)
For far too many, prison is the worst place to tackle the issue of debt, substance abuse and mental health problems that led them to commit crimes in the first place. Figures that I uncovered show that nearly half of all women sent to prison were homeless—up 70% in just four years. Many thousands are stuck in a destructive cycle of short sentence after short sentence, which costs a fortune, does nothing to reduce reoffending and fails to keep the public safe. Is it not about time that the Government face the facts and, finally, properly invest in alternatives to prison for less serious offenders?
Robert Buckland
I reassure the hon. Gentleman that that is precisely my policy. It is not just about being tough on crime, though public protection is important; it is about being smart on crime as well. Having had experience as a sentencer, the last thing we need to do, with respect to him, is to reduce sentencing options and prevent sentencers from imposing short sentences where appropriate. That has to be one of the tools in the box. Frankly, at the last election, he and his party advanced a mistaken policy.
Richard Burgon
Unlike the Conservative party, we care about what works. The Conservatives like to claim that they are not ideologues, but the Government’s own evidence shows that 30,000 fewer crimes would be committed each year if the Government properly invested in alternatives to prison. Does the Justice Secretary accept that his Government’s decision to chase headlines in the right-wing press, rather than acting on the evidence, will leave people right across our country facing higher levels of crime? Is it not time that he acted on his own Department’s evidence and put an end to ineffective super-short prison sentences?
Robert Buckland
It is a bit rich to be lectured about ideology and an ideological approach by the hon. Gentleman. After nearly 20 years in practice and now over 30 years’ experience of the criminal justice system, the approach that I and my team will be taking will be a multi-layered approach that will emphasise the importance of protecting the public and making our streets safer, while at the same time increasing the sentencing options on community orders to deal with the drivers of less serious crimes such as drug addiction, alcohol addiction, family relationships and accommodation. We understand it, we absolutely get the point and that is what we are going to be getting on with.
Mrs Theresa May (Maidenhead) (Con)
One of the areas of sentencing policy that has already been reviewed and consulted on is the whole question of death by dangerous driving, particularly when drugs are involved, such as in the tragic case of my constituent, Bryony Hollands. The previous Government committed to legislate on this issue to lengthen sentences in certain circumstances. This is not in the Queen’s Speech. Are this Government committed to legislate and, if so, when?
Robert Buckland
I thank my right hon. Friend for raising that point. I have met in this place families of victims of this appalling crime and worked with hon. Members across the House on the issue. I want to get on with it. The commitment remains absolutely crystal clear. I very much hope that we can have a vehicle to do that. I am going to be doing a sentencing Bill this year; that could be one vehicle. I want to get on with this as soon as possible. We will have the time and the support of the Government to change the law in the right direction.
Sarah Champion (Rotherham) (Lab)
At the moment, there exists a loophole in the law that allows prolific sexual offenders to groom 16 and 17-year-olds with impunity. The independent inquiry into child sexual abuse, the National Society for the Prevention of Cruelty to Children, the Church of England, the Offside Trust and the all-party group on safeguarding in faith settings are all calling on the Government to close that loophole to protect children. Will the Minister please meet me to explain why the Government have not acted thus far?
Robert Buckland
Again, I pay tribute to the hon. Lady for her consistent campaigning on these issues; we have worked together on them over many years. I am interested in the overall issue of grooming because it affects not only children but adults with learning disabilities. The Law Commission is looking at this issue now, but we cannot wait. We need to get on with change. I certainly will meet her and talk through the issues with her at the earliest opportunity.
Darren Henry (Broxtowe) (Con)
My Broxtowe constituents have raised the TV licence fee with me and asked whether my right hon. and learned Friend has plans to decriminalise non-payment of the licence fee and whether he has made any assessment of how that might impact the volume of cases brought before the magistrates.
Robert Buckland
May I welcome my hon. Friend to this House? He and I have known each other for a number of years and have campaigned together, and he will make an outstanding advocate for the people of Broxtowe. With regard to the issue of television licences, we believe that there is a case to examine decriminalisation. About one in 12 cases in the magistrates courts are taken up with television licence default. We want to consult on the matter, take evidence and see whether there is a better way forward.
Christian Matheson (City of Chester) (Lab)
Martyn Day (Linlithgow and East Falkirk) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Discussions with Cabinet colleagues are at an early stage, but I can say that we want a commission or similar body to examine the issues and make recommendations that restore people’s trust in our democracy and the institutions that underpin it. No decisions have been made yet on the appointment of such a body, its scope or composition. I will update the House in due course.
Rosie Duffield
A key ongoing concern for public law practitioners remains the accountability of constitutional processes and safeguards. To what extent will the commission include consultation with relevant external professions, such as the legal profession, and will they be invited to have substantial input and proper scrutiny?
Robert Buckland
The hon. Lady asks a very proper question. Indeed, I would envisage the body taking evidence from third parties, outside organisations and civic society more generally to provide a thorough evidence base before any recommendations are made.
Margaret Ferrier
May I take this opportunity to welcome you to your place, Mr Speaker?
Following the Prorogation case, both the Prime Minister and the Attorney General have hinted that the judicial appointment process might change. Will the Justice Secretary confirm whether that will be considered by the commission?
Robert Buckland
The commission will look at a range of issues. I think I have made my position about the independence of the judiciary and the integrity of the appointments process very clear. It is nobody’s wish, I think on either side of this House, to see political influence being brought to bear on the appointment of judges. It is important to remember that we do not have a constitutional court, or a US-style system in this country and it is not something I would wish to see replicated here.
Martyn Day
It has been reported that the commission is expected to look at prerogative powers. Currently their use can be challenged in the courts, which led to the ruling against the Prime Minister’s Prorogation of Parliament. Does the right hon. and learned Gentleman agree that it is imperative that the courts still have jurisdiction to look at prerogative powers?
Robert Buckland
I am grateful to the hon. Gentleman for raising an important issue. After the stresses and strains we have all seen the constitution being put under as a result of the tumultuous events of the past few years, it would be wrong of the Government not to pause, take stock and look at the general constitutional position through the lens of the public because it is all about public confidence and the confidence the public have in this place being the ultimate arbiter of our democracy, which is key. But we will take time and do it in a measured way. I very much hope and expect that the commission will come up with some evidence-based solutions.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
Members have every right to be concerned about what the Government are up to with the commission, given their previous noises about human rights, judicial appointments, prerogative powers, judicial review and much, much more. Those concerns are shared not just among Members, but across civil society and beyond. Does the Secretary of State agree that in any such commission Scotland’s perspective and experiences must be properly and independently represented, and that any changes proposed to the competences of the Scottish Government and Parliament must have the consent of those institutions?
Robert Buckland
I am very much aware of the important devolution aspect of this issue. It is about more than devolution, of course—the Scottish legal and judicial system was never devolved because it was always separate, and even when we did not have a Scottish Parliament, it had a separate legislative framework that was legislated for in this House. I fully understand the balance that needs to be kept and I take on board the hon. Member’s comments.
Sir Robert Neill (Bromley and Chislehurst) (Con)
It is a pleasure to see you back in the Chair in this Parliament, Mr Speaker. I very much welcome what the Lord Chancellor said about the independence of the judiciary. That is fundamental to this country’s international reputation and we should set at rest any suggestion that that should ever be compromised. Given the wide-ranging nature of the commission, will he also consider that it may be beneficial to have, serving as members of the commission, experienced former members of the judiciary who have the integrity and independence of thought that would increase public respect and regard for the outcome that we all wish to see?
Robert Buckland
I congratulate my hon. Friend on his recent honour, which is thoroughly deserved after a lifetime in public service, both here and in other elected assemblies. His suggestions are well made. I am already having a number of discussions with ministerial colleagues and thinking very deeply about the range of expertise and individuals that we need, and the diversity of that panel, so that we make sure that the commission, or the committee, is in the best possible place to gather evidence and come up with measured, sensible reforms.
Rachel Reeves (Leeds West) (Lab)
Deidre Brock (Edinburgh North and Leith) (SNP)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I have been discussing this issue with my Cabinet colleagues and will continue to do so. The United Kingdom is committed to protecting and respecting human rights and will continue to champion them both here and abroad. As set out in our manifesto, after Brexit we need to look at the broader aspects of our constitution, including the balance between the rights of individuals and effective government.
Angela Crawley
I welcome you to your place, Mr Speaker.
Before the general election, the Conservative manifesto promised to update the Human Rights Act 1998. Since its introduction, the Act has successfully protected countless citizens across the UK from human rights abuses, so can the Secretary of State tell me which specific aspects of the Act need updating?
Robert Buckland
I refer the hon. Lady to the answer I gave in the context of the constitutional commission. Updating Acts is something we do regularly in this place. The Human Rights Act is now just over 20 years old. Aspects of its operation have worked very well; others deserve a further look—for example, the operation of the margin of appreciation and how Strasbourg case law is adhered to. All those issues are relevant and material to the work of the commission.
Deidre Brock
Christine Bell, professor of constitutional law at Edinburgh Law School, has said that
“any unilateral repeal of the HRA by Westminster would…violate the Sewel Convention”.
Does the Secretary of State agree? If not, why not?
Robert Buckland
The hon. Lady will remember that our manifesto talked about updating the Act, not repealing it, so her question is literally academic.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
The Human Rights Act is also part of the constitutional backbone of devolution, so again will the Secretary of State agree that there should be no change to that Act, given all its implications for devolved competences, without the express agreement of the Scottish Parliament and Government? Otherwise, what sort of democracy are we living in if one Parliament can change the competences of another with such ease and little respect?
Robert Buckland
As I said to the hon. Gentleman in a previous answer, I am in the spirit of working constructively with a fellow Parliament and fellow parliamentarians. I want to ensure a situation where the whole of the United Kingdom can benefit from improvements and rebalancing, and that applies equally to the people of Scotland. I hold out an olive branch to him today. I want us to work together on these issues. We can achieve far more working together than by pursuing pointless independence referendums.
Mr Shailesh Vara (North West Cambridgeshire) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
Prison officers are some of our finest public servants, and I have had the honour and pleasure of meeting many of them, not just as a Minister, but as a practising member of the Bar. The incident at HMP Whitemoor was quickly resolved thanks to the bravery and professionalism of the staff who intervened. Their courage in protecting others cannot be overstated. HMP Liverpool is driving prison officer safety through an increased focus on key work as part of our offender management in custody investment, through a new drugs strategy and through the improved use of data to understand the reasons for violence, but we recognise that more needs to be done, which is why were are introducing PAVA, a synthetic pepper spray, to protect staff from incidents of serious violence or where they are in imminent or perceived risk of serious violence.
Robert Buckland
I pay tribute to my hon. Friend’s work when he was courts Minister. As he knows, the programme that he helped to spearhead is already improving both access to justice and efficiency. More than 300,000 people have now used new online services established to enhance access, such as to make civil money claims, to apply for divorce or to make a plea to low-level criminal offences. Last year alone, more than 65,000 civil money claims were made online, with nine out of 10 users saying they were satisfied or very satisfied with the service.
Imran Hussain (Bradford East) (Lab)
I, too, welcome you to your place, Mr Speaker. Let me also align myself with the comments of both the Secretary of State and the shadow Secretary of State about staff at HMP Whitemoor.
Our probation service should keep us all safe, but this morning another damning report said that understaffing in a national probation service that is dealing with the most serious offenders is putting public safety at risk. Those shortages leave staff overworked and unable to conduct due diligence, force them to take on too many cases, and are a direct consequence of the Government’s decision to break up the probation service, so will the Minister commit herself to returning staffing across the service to safe levels in order to undo the serious damage they have caused?
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Robert Buckland
I listened carefully to what the hon. Gentleman has said, and I have to say, with respect to him, that the characterisation of “public good, private bad”—or, indeed, vice versa—is wrong. There are plenty of examples of privately run prisons that are more than passing muster with the inspectorate, and are doing an excellent job. I have always believed in a mixed approach, and I can reassure the hon. Gentleman that will continue. I will base my decision on hard evidence rather than on blind ideology in which, I am afraid, his Front Benchers have indulged far too much in recent years.
Bob Blackman (Harrow East) (Con)
Andrew Selous (South West Bedfordshire) (Con)
Robert Buckland
I pay tribute to my hon. Friend for his work both as a Minister in this Department and as a campaigner on this issue. I share his approach to these issues. Since we launched the going forward into employment scheme in January 2018, we have recruited 29 ex-offenders who are currently in post in civil service roles, with a further 20 due to start in post shortly. I commend the work being done on Ban the Box, the private sector community initiative, which I actively support.
Sarah Jones (Croydon Central) (Lab)
When the Prime Minister was Mayor of London, the number of stop and searches steadily declined, but they became more effective and intelligence-led. As a result, the arrest rate significantly increased. Now that the Prime Minister has decided to increase stop and search, the reverse has happened. They are less intelligence-led, and arrest rates are declining. Does the Secretary of State agree with me and with the all-party parliamentary group on knife crime that stop and search is an important tool, but it is not the only answer, and that a long-term public health approach that puts prevention at the heart of policing is the way to tackle knife crime?
Mr Laurence Robertson (Tewkesbury) (Con)
Do Ministers agree that the crime of burglary has devastating effects on those who have been burgled? Will they increase the sentences available for people who have committed that offence?
Robert Buckland
My hon. Friend is right to remind us that burglary is a crime not just against property, but against the wellbeing of people whose homes are violated. He will be glad to know that average sentences for burglary have increased over the years from an average of 21 months to 28 months. I will have a further conversation with him about this, but I assure him that sentences are going in the right direction when it comes to dwelling house burglaries.
Matt Rodda (Reading East) (Lab)
Reading jail is a hugely important historical site. It is the burial place of King Henry I of England and also where Oscar Wilde was incarcerated. The building is currently up for sale by the Ministry of Justice. Will the Secretary of State or the prisons Minister agree to meet me before any decision is made on the sale and also to meet local campaigners and representatives?
Judicial Conduct Investigations Office: Annual Report
Robert Buckland Excerpts(4 years, 6 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
With the concurrence of the Lord Chief Justice, I will today publish the thirteenth annual report of the Judicial Conduct Investigations Office (JCIO).
The JCIO supports the Lord Chief Justice and the Lord Chancellor in our joint statutory responsibility for judicial discipline.
The judiciary comprises approximately 23,000 individuals serving across a range of jurisdictions. Over the past year, the JCIO received 1,672 complaints against judicial office holders. Fifty five investigations resulted in disciplinary action.
I have placed copies of the report into the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies are also available online at: https://judicialconduct.judiciary.gov.uk/reports-publications/
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Work of the Ministry
Robert Buckland Excerpts(4 years, 6 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I am pleased to be able to update the House on the Government’s significant achievements in modernising the justice system over the past 10 years.
We have supported the prison system and created decent and safe prisons by undertaking the following actions:
Since 2010 we have removed almost 50,000 foreign national offenders (FNOs) from our prisons, immigration removal centres and the community, and agreed new prisoner transfer agreements with countries around the world to allow FNOs to serve their prison sentences in their own country, including Albania and Pakistan.
In January 2017, we launched a campaign to recruit 2,500 additional prison officers by December 2018 to ensure the safe running of our prisons. We achieved this target six months early.
In 2018-19 £70 million was invested in prison safety, security and decency.
From April 2018, we have been testing and evaluating innovative approaches to helping prisoners recover from drug addiction through our £9 million drug recovery prison pilot at HMP Holme House. This is a joint project between MoJ and the Department of Health and Social Care/NHS England.
In April 2019, we released the national prison drug strategy together with guidance, and introduced innovative programmes such as incentivised substance free living.
The recent 10 Prisons Project saw an overall 16% reduction in the rate of assaults and a 50% reduction in total positive drug tests.
We are making a £100 million investment in prison security to tackle the drugs, weapons and mobile phones that increase the risk to officers and hinder rehabilitation.
We have ensured that the sentences handed down by the courts are fair by introducing the following measures:
In 2012, the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act abolished the imprisonment for public protection (IPP) sentence and introduced extended determinate sentences for dangerous offenders. Since 2016, implementation of measures contained in a comprehensive IPP action plan in 2016 has seen a dramatic reduction in the IPP prison population since abolition of the sentence.
That same year (2012) we also consolidated previous release legislation (contained in 1967 and 1991 legislation) into the Criminal Justice Act 2003, thereby making the sentencing and release framework less complex and confusing.
In 2015, the Criminal Justice and Courts Act 2014 was brought into force. This strengthened the extended determinate sentence (EDS) by providing that in all cases where such a sentence was imposed the prisoner could be held until the end of the term, with the possibility of Parole Board release from the two-thirds point (previously, some EDS prisoners were released automatically at the two-thirds point).
In July 2019, we implemented new Parole Board rules. This included the introduction of a new reconsideration mechanism to make it easier to challenge parole decisions which appear seriously flawed. This built on the rule changes enacted previously in 2018 which abolished the prohibition on disclosure of information and enabled the Parole Board to issue summaries of its decisions to victims and others who requested one.
In October 2019 we laid legislation to ensure that serious violent and sexual offenders spend a greater proportion of their sentence in custody.
We have also this month laid legislation to implement 2012 legislation to introduce alcohol abstinence and monitoring requirements as a sentencing option.
This month we have also introduced the Prisoners (Disclosure of Information about Victims) Bill, responding to the Helen’s Law campaign, which will ensure that cases where prisoners do not disclose the location of victims’ remains or the identity of children in indecent photographs are fully considered by the Parole Board when considering the release of such a prisoner.
We have improved support for the victims of crime by introducing the following measures:
In 2010, the first Victims’ Commissioner for England and Wales was appointed. Their role is to promote the interests of victims and witnesses and encourage good practice in their treatment.
In 2011, we implemented the Prisoners’ Earnings Act which allows a levy to be imposed on prisoners’ earnings when they are undertaking paid work in the community. This helps raise £1 million plus each year to support victims.
In 2012, we launched a consultation on “Getting it right for victims and witnesses”, setting out the Government’s proposed approach to ensuring that victims and witnesses get the support they need.
In 2012, the EU directive for victims of crime 2012/29/EU was passed. This requires all EU countries to establish minimum standards on the rights, support and protection of victims of crime. The UK fulfils these obligations through the code of practice for victims of crime (victims’ code). In 2015, the victims code was revised to full transpose rights within the EU victims directive.
In 2013-14, Police and Crime Commissioners were allocated local funding to commission emotional and practical support services for victims of crime in their area.
In 2014, the Government established the victims panel, to represent the voice of victims in Government policy making.
In 2018, the victims strategy was published, providing a national, cross-Government framework to make fundamental improvements for victims.
In 2019, we published a consultation on amendments to the victims code.
We have modernised the justice system by introducing the following reforms:
In 2012, we created new offences of causing serious injury by dangerous driving and squatting in a residential building.
In 2015, we criminalised sexual communication with a child and made it a crime to possess a “paedophile manual” (Serious Crime Act 2015).
We also tackled female genital mutilation (FGM) by extending extra-territorial jurisdiction (tackling crimes committed overseas), providing anonymity for victims, introducing a new crime of failure to protect a girl under 16 and introducing new FGM Protection Orders (Serious Crime Act 2015).
That same year we also strengthened the law on grooming and made revenge porn a crime (Criminal Justice and Courts Act 2015).
In 2016 we introduced public hearings to the Court of Protection increasing transparency around the Court’s work.
In 2016, the Government commissioned the right hon. Member for Tottenham (Mr Lammy) to conduct an independent review into the experience of and outcomes for black, Asian and minority ethnic (BAME) people in the criminal justice system. In December 2017, MoJ confirmed its commitment to make progress on all the recommendations in some way.
Since October 2017, we have been working with health partners on a community sentence treatment requirement (CSTR) protocol which aims to increase the number of community sentences with mental health, drug and alcohol treatment requirements attached.
The Assaults on Emergency Workers (Offences) Act 2018 created a new offence and raised penalties for assaults on emergency workers, including police and prison officers.
In June 2018, MoJ published a female offender strategy, which set out our vision and plan for reducing women’s offending by taking a gender-informed approach to improve outcomes for female offenders at all points of the justice system.
In April 2019 we introduced new legislation to reform divorce law, removing the need for divorcing couples to blame each other for the breakdown of their marriage.
In February 2019, MoJ brought in a new law to ban “upskirting” following engagement with campaigner Gina Martin.
In June 2019, the Government scrapped the “same roof rule” that made some victims ineligible for compensation through the criminal injuries compensation scheme.
In July 2019 we introduced the landmark Domestic Abuse Bill to increase protections for victims of domestic abuse and prevent victims being cross-examined by their abusers.
We have modernised the prison estate:
Since 2010 we have opened 8,397 places via four new prisons: Isis, Thameside, Oakwood and Berwyn, totalling 5,734 places.
Alongside new prisons we have built 11 new house blocks at existing sites: Elmley, Nottingham, Parc (x2), Buckley Hall, Moorland, Bure, Peterborough, The Mount, Thameside, and Stocken, totalling 2,663 places.
In the same period, we have closed a total of 7,295 places via: 20 prison closures (6,530 places) at Ashwell, Lancaster Castle, Latchmere House, Wellingborough, Bullwood Hall, Canterbury, Gloucester, Shrewsbury, Kingston, Shepton Mallet, Dorchester, Northallerton, Reading, Blundeston, Blantyre House, Haslar, Dover, Holloway, Kennet, and Glen Parva; and two partial closures (765 places).
In 2019 the Prime Minister announced an additional £2.5 billion to provide an additional 10,000 prison places; the first of which will be built at Full Sutton. This is in addition to new prisons already planned at Wellingborough, which is in progress, and Glen Parva, which we expect to start building next year.
We have made improvements to probation services:
Since 2010, we have extended probation supervision to more than 40,000 prisoners serving short sentences, who previously left prison with no statutory supervision.
In May 2019, we announced plans to strengthen probation services by bringing the supervision of all offenders under the National Probation Service while ensuring a significant role for the voluntary and private sectors in the delivery of interventions.
MoJ has made available £280 million for voluntary and private sectors to deliver innovative rehabilitation services. The new probation structure will convene services from other Government Departments to support offenders, and improve the skills of the probation workforce, and the estate.
We have made considerable improvements to rehabilitation in prison, including:
We published our education and employment strategy in May 2018, which set out how we will transform our approach to ensure prisoners develop the skills they need to secure employment on release.
We have introduced reforms to the disclosure of criminal records to prospective employers to help get ex-offenders into employment, which makes reoffending less likely.
In May 2019, we made changes to release on temporary licence policy to improve opportunities for work and resettlement while in prison.
Through the Government’s rough sleeping strategy, we are investing up to £6.4 million in a pilot scheme to support individuals released from three prisons: Bristol, Leeds and Pentonville.
We have made reforms to the way legal aid and legal support are provided:
In 2010, the coalition Government committed to carrying out a “fundamental review of legal aid”, in order to contribute towards reducing the deficit. This led to two major transformation programmes (the legal aid reform programme and the legal aid transformation programme) which included the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). As a result of this, between 2010-11 and 2018-19 legal aid spending fell by £945 million in real terms, or 36%, whilst ensuring those in need of support could access it.
Since the passage of LASPO, MoJ has also delivered a series of legislative changes to ensure those in need of legal aid can access it, including victims of the Grenfell disaster, offenders in prison, and most recently separated migrant children in immigration cases.
Alongside a post-implementation review of the legal aid changes made by and since LASPO, in February 2019 MoJ published a legal support action plan which announced a range of initiatives that aim to help people resolve their legal problems earlier, including a new legal support innovation fund. We also announced a comprehensive review of the legal aid means tests to ensure that legal aid is available to those who need it and have recently announced a consultation on the housing possession court duty scheme which will ensure anyone at risk of losing their home has access to the legal help they need.
Following reforms to the fee schemes for advocates in the Crown Court in 2017 and 2018, the MoJ has also announced a comprehensive review of criminal legal aid with the aim of creating a modern, resilient and sustainable criminal legal aid market, with a diverse workforce.
We have made reforms to the way in which Her Majesty’s Courts and Tribunals Service operates:
In 2016, the Lord Chancellor and senior judges set out their vision for the £1.2 billion HMCTS reform programme, to modernise the courts and tribunals system and reduce complexity in processes.
Four new online services have been delivered to the public covering divorce, probate, civil money claims and social security appeals and have been used by over 250,000 people with user satisfaction rates over 80%.
We have begun using the common platform in the magistrates courts, which in time will deliver a single online system enabling the police, the CPS, HMCTS and legal professionals to access and share all relevant information about a case.
We used to reject 40% of paper divorce applications because they were incorrectly filled in. The new online service has received over 65,000 applications and the rejection rate has dropped to under 1%.
Two courts and tribunal service centres (CTSCs) have been opened in Birmingham and Stoke-on-Trent with a third due to open in Loughborough in 2020. CTSCs are transforming the way we deliver justice services and manage cases by providing a centralised, national service for all users.
Wi-fi has been installed in all of our courts and tribunals, and more than 80,000 professionals are accessing wi-fi in our courts each week.
We have closed underused, dilapidated court buildings, raising £125 million to invest more effectively in improving our justice system.
A new system for summary offences has handled over 68,000 Transport for London and TV licensing cases, cutting delays and inefficiency.
We have supported the UK’s world-renowned legal services sector:
We have launched the “Legal Services are GREAT” international marketing campaign in 2017. This promotes the UK’s legal sector overseas, worth around £25 billion to the UK economy, to win business for our law firms, chambers and professional bodies.
Since its launch in Singapore in 2017, the campaign has featured in 30 countries worldwide, with trade missions to Kazakhstan, China, Chile and Nigeria.
[HCWS64]
Boundary Commission for Wales: Deputy Chair
Robert Buckland Excerpts(4 years, 7 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I should like to inform the House that I have made the following re-appointment under schedule 1 to the Parliamentary Constituencies Act 1986:
The Honourable Mr Justice Lewis has been re-appointed as deputy chair of the Boundary Commission for Wales, effective until 31 December 2019.
[HCWS22]
Justice and Home Affairs Post-Council statement
Robert Buckland Excerpts(4 years, 7 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Justice and Home Affairs Council of the Finnish EU presidency recently took place in Luxembourg. The JHA Counsellor at the permanent representation of the UK to the EU attended Justice Day on 7 October. The UK did not attend Interior Day on 8 October.
The UK Government decided that from 1 September until Brexit day, UK Ministers and officials will only attend EU meetings where the UK has a significant national interest in the outcome of the discussions.
Justice Day began with a discussion on the EU Action against corruption, in the broader context of the debate on rule of law and mutual recognition. All member states supported the need to take action against corruption. The presidency concluded that there was support for a new comprehensive EU strategy or action plan. The EU work should bring added value and as such should look first at using its existing tools. member states also supported the EU becoming a full member of the Group of States Against Corruption (GRECO), so that the EU institutions are held to the same standards as GRECO members.
Ministers adopted the supplementary negotiating directives on EU accession to the ECHR. The Commission committed to restarting negotiations as soon as possible, whilst ensuring that the EU would reform its internal rules ahead of agreement with the Council of Europe.
The Council conclusions on the “EU Charter of Fundamental Rights after 10 Years: a State of Play and future work” were waived through without debate.
During lunch, Ministers discussed the rights of victims of crime, particularly the most vulnerable, including children and victims of domestic and sexual violence. The Fundamental Rights Agency (FRA) cited the 2.5 million children across the EU who are involved in criminal proceedings in different forms. The need for a multi-agency approach was noted, with care of victims being about more than the criminal justice system alone. It also entailed medical, social and psychological care. The presidency concluded that they would consider this issue further at the December Council.
After lunch, the FRA director presented the ‘Fundamental Rights Challenges in 2020 and Beyond’ paper. Many member states touched on the importance of the link between rule of law and fundamental rights and the importance of the EU moving forwards on artificial intelligence with a fundamental rights focus.
The Commission then welcomed the progress made following the introduction of the code of conduct but called for further work to be done by the next Commission on disinformation and online hate speech.
Ministers also approved the Council conclusions on Eurojust. Eurojust presented the counter-terrorism register which was launched in September. Member states agreed that the register would build upon the spirit of co-operation reached in the 2005 Council decision to support the work of Eurojust.
The Commission briefed the Council on the latest EU-US senior officials meeting, reiterating the limited mandate due to the ongoing e-evidence negotiations. The second senior officials meeting would take place in early November to make progress before the EU-US Ministerial on 10 December. Security Commissioner Sir Julian King briefed on the progress made on the Budapest Convention. The presidency concluded that it would return to the issue in December.
The Commission considered that the appointment of the European Public Prosecutor would give a boost to the European Public Prosecutor’s Office (EPPO) being set up and reminded participating member states to nominate their three nominees so as to be ready before November 2020.
[HCWS16]
Oral Answers to Questions
Robert Buckland Excerpts(4 years, 7 months ago)
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Stephen Metcalfe (South Basildon and East Thurrock) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I work closely with the Attorney General and Home Office Ministers to ensure that the criminal justice system commands public confidence and tackles crime effectively. To address this and other serious crimes, we are recruiting an additional 20,000 police officers, investing £85 million in the Crown Prosecution Service and building an additional 10,000 prison places, and this is together with the work of police and crime commissioners in setting up violence reduction units.
Glyn Davies
The best way to prevent knife crime is to take knives out of circulation and off the streets. What steps is my right hon. and learned Friend taking in conjunction with the Attorney General to ensure that people who carry knives are prosecuted?
Robert Buckland
Of course, the prosecuting authorities take knife crime incredibly seriously. In 2015, minimum custodial sentences of six months for repeat knife crime possession were introduced, and in the year ending March of this year 83% of offenders received a custodial sentence for that type of repeat offence.
Stephen Metcalfe
Does the Justice Secretary agree that the sentence should reflect the serious nature of knife crime and the serious damage it does to our communities? Does he support the work of organisations such as Only Cowards Carry, which help to highlight the devastating damage knife crime does to the individuals involved, on both sides?
Robert Buckland
My hon. Friend is right to highlight the hard work of that local organisation and many others, such as the Ben Kinsella Trust, which do so much to educate young people about the folly of carrying knives. The new knife crime prevention orders, introduced by this Government as part of the Offensive Weapons Act 2019, will be a key tool in preventing knife crime, and we are working with the Home Office to develop operational guidance, because we want to get on with introducing that programme.
Jenny Chapman (Darlington) (Lab)
Yesterday, it was reported that knife crime in my relatively safe constituency has risen by 50%, which is extremely worrying, particularly for parents with teenage children in Darlington. Will the Justice Secretary look at the fact that since 2010 funding for youth offending teams has been halved?
Robert Buckland
The hon. Lady, like all of us in this House, whether we are parents or not, shares the worry about young people either carrying knives or coming into contact with people who do. The truth about the trends in knife crime offending are these: there was an alarming rise 10 years ago and there was then a decline, but we are seeing a rise again. We are taking a twin-pronged approach, which is about not just sentencing, but intervention. That is why announcements about youth funding at last week’s Conservative party conference are welcome and indeed this is part of the work our youth offending teams are doing all across the country.
Lucy Powell (Manchester Central) (Lab/Co-op)
The Secretary of State may be aware of the recent murder of high-flying teenager Yousef Makki from Manchester. His killers were found not guilty of either manslaughter or murder, coming as they were from affluent Hale. The case stands in stark contrast with many I have raised here recently involving groups of young black men from Moss Side, who are all serving mandatory life sentences under joint enterprise. Given that the Secretary of State’s Government’s own race audit and Lammy review found that there were burning injustices in our criminal justice system when it comes to race, background, class and wealth, what are the Government doing to address these very different outcomes in the same cases?
Robert Buckland
The hon. Lady raises an interesting point. I think she would agree that it is difficult to extrapolate trends from an individual case, however concerning and deeply distressing that case was. I think the lesson is that knife crime respects and knows no class or race boundaries. We should not stigmatise this, particularly outside London, as a crime that is exclusively based upon any racial profile—that is wrong. However, I take the point that she makes and clearly we need to look carefully across the piece as to whether we are sometimes being a bit shy—institutionally shy—about addressing knife crime in some of the less typical places.
Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
An independent judiciary is the cornerstone of our constitution and our democracy, and we are rightly proud of our world-class judiciary. As Lord Chancellor, I have sworn an oath to defend its independence. I take that extremely seriously and will continue to defend its independence vigorously.
Jamie Stone
I am encouraged to hear that answer. That is why—thank God—we are not a totalitarian state. I have a rather scary bit of advice for the Lord Chancellor: could he share his thoughts with No. 10 and perhaps Mr Dominic Cummings?
Robert Buckland
I think that everybody—whichever part of Government or our country they might come from—will probably be aware of my public pronouncements about this matter. I will keep saying it again and again and again, as long as it is necessary to do so.
Robert Neill (Bromley and Chislehurst) (Con)
Consistent with the Lord Chancellor’s speech at the opening of legal year, will he confirm that there is no place for political involvement in the appointment of judges and no question but that the rulings of the courts must be observed by all?
Robert Buckland
I am more than happy to confirm all those points, made so ably by the Chair of the Justice Committee.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Will the Secretary of State today put it on record not only that he believes in the independence of a robust judiciary, but that his Government will obey the law, and not crash us out of the European Union against the law?
Robert Buckland
I can confirm that this Government, like their predecessors and, I hope, successors, will continue to respect and obey the law, and respect the rule of law.
Sir Desmond Swayne (New Forest West) (Con)
Might my right hon. and learned Friend honour his oath by restoring the proper role of his office in the other place?
Robert Buckland
My right hon. Friend tempts me along the path of debate about the constitution, and in particular the Constitutional Reform Act 2005. While I am always keen to engage in academic constitutional debate, we have many other fish to fry at the moment.
Joanna Cherry (Edinburgh South West) (SNP)
I thank the Lord Chancellor for speaking out in favour of the independence of the judiciary.
Lord Hope of Craighead, a former Deputy President of the Supreme Court and Lord President of the Court of Session, has pointed out that
“The Supreme Court justices were careful to explain in their judgment”
on the Prorogation case
“that they were not pronouncing on political questions. The issues with which they were dealing…were issues of law.”
Will the Lord Chancellor explain that to those in his party demanding a politicised appointment process for the judiciary?
Robert Buckland
I am grateful to the hon. and learned Lady. I treat the remarks of the noble Lord Hope with extreme gravity, bearing in mind his experience and knowledge. It always bears repeating that the judiciary do not have political motivations, and that case was no exception. Frankly, I think the matter needs no further debate. If we ended up with an American-style approval system, we would all be the poorer for it.
Joanna Cherry
Yesterday a Scottish court recorded the Prime Minister’s unequivocal promise to comply with his statutory duties under the Benn Act. The judge, Lord Pentland, said:
“it would be destructive of one of the core principles of constitutional propriety and of the mutual trust that is the bedrock of the relationship between the court and the crown for the prime minister or the government to renege on what they have assured the court that the prime minister intends to do”.
Can the Lord Chancellor assure us that he will be impressing on the Prime Minister the grave consequences of ignoring that warning from a senior member of the Scottish judiciary?
Robert Buckland
I read the transcript of what Lord Pentland said with great interest. Of course, that matter is subject to appeal, and it would be wrong of me to speak about it in detail, but those comments are noted.
Richard Burgon (Leeds East) (Lab)
We have seen the Justice Secretary forced to take to Twitter to defend the independence of the judiciary and the rule of law after recent briefings from No. 10 Downing Street. He may well have to do that again later today, after this morning’s headlines. The Attorney General has briefed the press that he will resign if the Government refuse to adhere to the law demanding an extension to rule out no deal. Will the Justice Secretary do the same?
Robert Buckland
I hope that Members in this House and elsewhere feel that I have discharged my duties under my oath, and I will continue to do that. I will take whatever step I deem necessary to make sure that I am true to that oath, and to the rule of law.
Faisal Rashid (Warrington South) (Lab)
Sir Vince Cable (Twickenham) (LD)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
The Government have not conducted a public consultation on the law in relation to assisted suicide. We remain of the view that any change to the law in this sensitive area is a matter of conscience and a matter for Parliament, rather than one of Government policy.
Sir Vince Cable
The Secretary of State will be aware that, under the current law, people can be sentenced to up to 14 years in prison for assisting the suicide of a terminally ill loved one in great pain, and that the Crown Prosecution Service is pursuing prosecutions, with traumatic effects in some cases, so why have the Government decided to abandon even the call for evidence that his predecessor initiated only a few weeks ago?
Robert Buckland
I am grateful to the right hon. Gentleman for his question. There was no initiation of a call for evidence. However, I hear his point about prosecutions. The Crown Prosecution Service guidelines, which were actually pioneered by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), in my view strike a very sensitive and sensible balance between the need to protect the vulnerable and the need to understand the sensitive and emotive circumstances of many of these tragic cases.
Sarah Newton (Truro and Falmouth) (Con)
Last week, the police and crime commissioner for Durham, Ron Hogg, said there needed to be changes in the law on assisted dying, and this reflects the view of many in the police. I know that the Secretary of State for Justice is a very compassionate man, so will he meet police officers to discuss their concerns?
Robert Buckland
I am grateful to my hon. Friend, who has taken a very close interest and been actively involved in this issue. Of course I would be happy to meet police officers—indeed, I have committed to meet others on this issue—but I do harbour the gravest of doubts about the ability of legislation to be watertight when it comes to the potential, sadly, for abuse.
Nick Boles (Grantham and Stamford) (Ind)
It is a great pleasure to ask a question of my old friend the Lord Chancellor. I fear that he may not have received complete information from his officials, because his immediate predecessor did ask for a call for evidence and for No. 10 approval of a call for evidence. It is true that the previous Prime Minister resigned before that request could be approved, but the previous Lord Chancellor did make it clear that he thought a call for evidence was justified. To be clear about the reasons why: it is not that Government are going to take a position on a possible change of law, but only the Government can gather the information about the effect of the current law so that Parliament can decide whether that law needs to be changed.
Robert Buckland
I am grateful to my old friend for the way in which he asked that question. I accept the comments that he made. It was not agreed that there should be a call for evidence, and it is not my plan to initiate one. However, discussions and conversations will continue, and the wealth of information out there on both sides of the argument is something that will prompt right hon. and hon. Members to continue this debate, either on the Floor of the House or by other means.
Lucy Allan (Telford) (Con)
Parliament is out of step with the people on this issue—90% of the UK population believe that assisted dying should be legalised. Shropshire man Noel Conway recently had his case turned down in the Supreme Court, which believed that it was a matter for Parliament to decide. Does the Minister agree that Parliament must look at this issue once again, because it is not right for us to decide that terminally ill people, who are enduring great suffering, have no right over how they choose to die?
Robert Buckland
My hon. Friend raises the Noel Conway case, in which the Court found that Parliament’s decision not to change the law did indeed strike a fair balance between the interests of the wider community and the interests of people who were in that tragic position. That was upheld by the Court of Appeal. It is a matter for right hon. and hon. Members to raise that issue, either in a private Member’s Bill or in a general debate.
Several hon. Members rose—
Philip Davies (Shipley) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I do not have any immediate plans to extend the proposals that I made last week. I reassure my hon. Friend that public protection weighs very much in my mind when it comes to automatic early release—something about which I have long held strong views, from my days in the criminal justice system.
Philip Davies
The automatic early release of prisoners halfway through their sentences, introduced by the last Labour Government, is dishonest. It undermines public confidence in the justice system, and it lets people out halfway through their sentence even if they still pose a risk to the public and there is a risk of their reoffending. A Conservative Government should scrap that for all offenders.
Robert Buckland
I hear my hon. Friend’s strictures. He will be greatly encouraged by the announcement that I made last week to move that threshold to two thirds for serious, violent and sexual offenders. As I have said, this is about public protection and confidence in the system, and I am sure that he will fully support the Government’s measures.
Stephanie Peacock (Barnsley East) (Lab)
The Secretary of State is aware of my constituent Jackie Wileman, who was hit and killed by four men driving a stolen heavy goods vehicle. They had nearly 100 convictions between them. One man was in the probation system; another two had just completed probation. As part of the Government’s renationalisation of the probation service, will the Minister commit to review the way in which offenders are classed and monitored? Those men were not classed as high risk and were not monitored as such. That was a clear failure, which, as he knows, had devastating consequences.
Robert Buckland
The hon. Lady and I have spoken about this case in the past. She is an assiduous campaigner on this and other issues, and I am grateful to her. The reforms to probation give us an opportunity to get that sort of risk assessment absolutely right. Ending the division between the National Probation Service and community rehabilitation companies will allow us to focus on the offender, rather than worrying about which part of the system they should be in. I am grateful to the hon. Lady for raising that issue.
Caroline Nokes (Romsey and Southampton North) (Ind)
My constituent Valerie Matcham’s grandson was killed by a single punch to the side of his head. Bradley’s killer was sentenced to just two years in prison, and the family are distraught at the thought that he could be out on licence after just one year. I am encouraged by my right hon. and learned Friend’s words and urge him to keep the views of families at the forefront of his mind when considering these difficult decisions.
Robert Buckland
My right hon. Friend raises a distressing case. It is perhaps not appropriate for me to comment on it individually, but I extend my deepest sympathy to the family and friends of that victim. It is precisely why we have decided to take action to try to create a higher degree of confidence for victims and their families when it comes to the administration of sentences.
Chris Evans (Islwyn) (Lab/Co-op)
I was out with Gwent police on Friday. A large amount of their casework relates to serious high-risk offenders being released halfway through their sentences, which is a massive drain on resources both locally and nationally. Will the Lord Chancellor commit to review automatic release?
Robert Buckland
I am sure the hon. Gentleman will join me in actively supporting my proposals to change the automatic release to two thirds for serious violence and sexual offenders. That will indeed help local police forces, such as Gwent, with their management of offenders in the community. I pay tribute to the work the police do in that respect.
Mr David Davis (Haltemprice and Howden) (Con)
When violent criminals are released, it is a time of fear and sometimes terror for their erstwhile victims. Release under licence allows the restriction of both movement and access, but not beyond licence. When the Lord Chancellor reconsiders the issue of licence, will he consider whether restrictions can be put on such criminals after their licence periods are over, to protect the victims?
Robert Buckland
My right hon. Friend asks a very important question. I have to accept the limitations on the period of sentencing. Supervision is an important part of the licence period, but what happens beyond that is difficult in terms of court order. However, work can and should be done by the probation service to ensure we are protected as fully as possible.
Liz McInnes (Heywood and Middleton) (Lab)
Almost two years ago to the day, the Government made a pledge to increase the maximum sentence for causing death by dangerous driving from 14 years to life. In the light of the Secretary of State’s recent announcement, will he be revising that pledge? To date, no action has been taken.
Robert Buckland
I am grateful to the hon. Lady, who I know has written to me. I repeat my pledge to get on with legislating on that issue as soon as possible. We have, we hope, a new Session coming. I am not going to pre-judge what might be said then, but I think there will be an opportunity for us to right this wrong.
Andrew Griffiths (Burton) (Con)
Bill Wiggin (North Herefordshire) (Con)
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I know what my hon. Friend means. I laid a written ministerial statement before the House last week, and at the Conservative party conference, I announced reforms that will end automatic halfway release for the most serious violent and sexual offenders. These criminals will be required to serve two thirds of their sentence behind bars. I also announced that we will allow courts across England and Wales to sentence offenders guilty of alcohol-related offences for up to 120 days of electronically monitored abstinence. That follows two successful pilots, including one in London launched by the then London Mayor, now the Prime Minister.
Bill Wiggin
During the last Prorogation of Parliament, I was looking forward to serving on a jury. When the Supreme Court decided that we should be here, I had to be released from that jury service by a distinguished judge in Hereford. It cannot be right that judges decide when we sit and who attends, but the Secretary of State’s Department has been pathetic in its written responses to me about how it proposes to make sure that we can fulfil both sorts of public service.
Robert Buckland
I am distressed to hear that from my hon. Friend—I have sat as a judge in Hereford and it is a most pleasant court. Matters of jury service and jury duty are, of course, for the court system, and it would be inappropriate for my Department or Ministers to—[Interruption.] No, I am sorry; it is not appropriate for us to intervene in these matters. This Parliament changed the rules about jury service some years ago not to exempt Members of Parliament, or indeed judges or barristers. That was the right thing to do. While the system is there to accommodate my hon. Friend and his needs, like all other members of the public, we just have to work with respect to the system.
Richard Burgon (Leeds East) (Lab)
The coming Labour Government are committed to restoring all legal aid-funded early legal help. That will restore legal aid help in nearly half a million cases, but the Government refuse to do it, so which of these groups of people does the Secretary of State think would be undeserving of such legal help: the 50,000 or so people who get help fighting dodgy landlords and other housing issues; the 90,000 or so people who get help fighting cruel decisions denying them the social security that they are entitled to; or the thousands of people who get help taking on bullying bosses? Which is it, or will the Government change their mind and agree to back this policy?
Robert Buckland
I am afraid that I will take no lectures from a Labour party that took a knife to civil legal aid back in the 1990s. I have a very long memory about legal aid, and I challenge anybody else to better it. I take the hon. Gentleman’s point about early intervention. That is why we are working with a £5 million pilot—[Interruption.] I will not be heckled by the right hon. Member for Islington South and Finsbury (Emily Thornberry)—[Interruption.] I will not. I think it is extremely discourteous, Mr Speaker, and I am trying to—[Interruption.] And now she wants to insult me even further. [Interruption.]
Mr Speaker
Order. The Secretary of State for Justice is entitled to be heard. There is quite a lot of noisy chuntering from a sedentary position, but I wish to hear the mellifluous tones of the right hon. and learned Gentleman, who is now looking discontented, to put it mildly. Blurt it out, man, with your usual elegance.
Robert Buckland
What I will say is that we are working on a housing repossession pilot. We are investing £5 million in early intervention services. I take a great interest in the work of law centres, and I want to do more to help them.
Jack Lopresti (Filton and Bradley Stoke) (Con)
What plans does my right hon. and learned Friend’s Department have to help to facilitate careers for people who want to join the Ministry of Justice who have served in the military or the armed forces, so that it can help to communicate and facilitate their transition back into civilian life?
Robert Buckland
My hon. Friend makes a very important point about the role of the armed forces. They have a huge offer to make, and I will talk to him further about those points.
Justin Madders (Ellesmere Port and Neston) (Lab)
Robert Neill (Bromley and Chislehurst) (Con)
Will the Lord Chancellor confirm that the Government have no plans to change the right to trial by jury in serious criminal cases?
Karen Lee (Lincoln) (Lab)
Robert Buckland
I am grateful to the hon. Lady for raising that point. The level of appeals and the number of successful appeals remain stubbornly high, which has been of concern to all of us who have taken an interest in this for many years. I want to see the mandatory reassessment process be as meaningful as possible so that the courts are not having in effect to overturn these decisions. I take her point onboard and am looking at it anxiously.
Sir Peter Bottomley (Worthing West) (Con)
I am aware of two cases in the last year where the most senior Appeal Court judges have come to a unanimous agreement only for that to be followed by unanimous disagreement in the Supreme Court. The Justice Secretary might know of more. Would it be a good idea to have an independent body to write an explanation so that those of us who are not lawyers can understand what is actually going on?
Robert Buckland
A novel point, Mr Speaker. I think the judgments of their lordships and the lords justices in the Court of Appeal speak for themselves and are increasingly written in clearer language, and the recent Supreme Court judgment was an eloquent example, whatever one’s view of it might have been.
Grahame Morris (Easington) (Lab)
Tom Tugendhat (Tonbridge and Malling) (Con)
Very briefly, Mr Speaker. The Lord Chancellor will remember that there used to be a convention involving judges not speaking publicly other than in their written declarations. Does he agree that speaking publicly can sometimes make people confused about what is the judgment of the court and what is personal opinion?
Robert Buckland
My hon. Friend is absolutely right. The judgments speak for themselves, and the judges cannot really answer back when it comes to criticism. That is why I am here to defend them.
Jo Stevens (Cardiff Central) (Lab)
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
Robert Buckland
The hon. Lady raises a hugely important point. I assure her that the mental health of offenders and prisoners is my priority. I think that we can do far more, and far more sensibly, working with other Departments such as the Department of Health and Social Care, to get the commissioned services right and to stop those delays. I will talk with the hon. Lady further about this important issue.
Paula Sherriff (Dewsbury) (Lab)
Robert Buckland
The hon. Lady will welcome the £170 million that we are investing in new scanners, up to now and in the next year. We are prioritising category B local prisons, which are particularly problematic in terms of security, but I will take away the point about New Hall and consider it carefully.
Mr Speaker
The hon. Member for Westmorland and Lonsdale (Tim Farron) has been jumping up and down like Zebedee, so I think he will be inconsolable if he is not heard. Let us hear the fella.
Robert Buckland
The hon. Gentleman will know that there is cross-governmental work on this. We have a strategy on that issue, and the teachable moment and the importance of education are things that we absolutely understand.
Tonia Antoniazzi (Gower) (Lab)
What assessment has the prisons Minister made of the discrepancy between the starting salaries and pay scales for prison officers employed by Parc Prison in Bridgend, which is run by G4S, and those for officers employed by the Government-run HMPs in Swansea and Cardiff?
Melanie Onn (Great Grimsby) (Lab)
In June, a 15-year-old and an older accomplice broke into my house to steal my car. Thankfully, Humberside police force was excellent. It found those two and made sure they were imprisoned and put on remand. However, that 15-year-old was released on tag but apparently has removed the tag and stolen two further vehicles, which have been crashed into community buildings and people’s homes. Can the Minister please explain to my community how the current system is working to protect them?
Robert Buckland
I listened to hon. Lady’s case with care and concern. I think it merits a further conversation, and I will have that with her.
Domestic Abuse Bill
Robert Buckland Excerpts(4 years, 7 months ago)
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The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
I beg to move, That the Bill be now read a Second time.
I am mindful of the information with which you have kindly furnished the House, Mr Speaker. You will know that historically I have been generous in accepting interventions. I will tailor my generosity today, because I want to make sure that everyone has an opportunity to take part in this landmark debate. I look around the Chamber, and in all parts I see colleagues who have made a huge contribution to getting where we are today. We still have a long way to go, but I am pleased, encouraged and proud to see parliamentarians of all colours who have put their shoulder to the wheel to tackle the challenge that we face. It is a challenge that has been too big for too long, and the Government have consistently made clear our continued determination to tackle the scourge of domestic abuse. Legislation, including the Bill, whatever its landmark status, is only one aspect of the work that needs to be done and that we are undertaking across Government to diminish the prevalence and impact of domestic abuse, and to make it clear to the public that we have zero tolerance of abusers.
This is not just a matter for the Ministry of Justice—it is for the Home Office, the Ministry of Housing, Communities and Local Government and the Department of Health and Social Care. I am glad to be supported by Ministers from all those Departments and, indeed, all of Government, as we need to put our metaphorical shoulder to the wheel. The Bill puts the needs of victims front and centre, by providing additional protections, strengthening the agencies’ response, and amplifying the voice of victims. We are determined to ensure that victims feel safe and supported, both in seeking help and in rebuilding their lives.
Tracey Crouch (Chatham and Aylesford) (Con)
As the daughter of a social worker who spent her entire career working alongside children and families, supporting victims of domestic abuse, may I ask the Secretary of State to join me in thanking the hard-working social workers and, indeed, police officers who are often the first line of response, as well as charities across the country who support victims of domestic abuse?
Robert Buckland
I am grateful to my hon. Friend, who is right to remind us at the get-go of the importance of a co-ordinated approach. All of us, including Members of Parliament, need to be domestic abuse-aware. We need to understand that it presents in myriad ways and myriad circumstances.
Helen Hayes (Dulwich and West Norwood) (Lab)
Domestic abuse is a leading cause of homelessness, and some of the most harrowing cases I have dealt with as a constituency MP have involved the difficulty faced by survivors of abuse in accessing safe, secure housing. Will the Secretary of State undertake to ensure in the Bill that survivors of domestic abuse automatically have priority need status for housing and, most importantly, that local authorities are fully and sustainably funded to deliver that obligation?
Robert Buckland
I am grateful to the hon. Lady for raising that issue, and the Bill provides an opportunity to delve into it. It is important that we outline those principles on Second Reading. In Committee, we will have an opportunity to debate the detail. I am particularly interested in the points that she made. I want to make the Bill as good as possible, and I need the help not just of colleagues in government but of all hon. Members to do that.
Several hon. Members rose—
Robert Buckland
May I make a little progress? As I have said, I will be as generous as I can.
Can I take the House back 25 years to a case in the Crown court at Carmarthen that involved a young couple? The man was charged with assault against his wife. A young barrister had been given that case. That was me, and I remember seeing photographs of the victim’s injuries. I was 24, and not very worldly-wise. I looked at the photographs of that woman’s eyes, which were bloodshot and bruised. The police had got there in time to take photographs of the injuries—something of a rarity in those days—and I immediately thought that she had been a victim of a direct assault by punching, but I was wrong about that. She had been strangled—strangulation causes those types of injury.
The victim came to court. Frankly, I could not see what the defence was for the case, but my instructions were to plough on none the less. I saw a frightened and terrified woman having to come to this grand and rather old-fashioned court. Luckily, the judge was humane, sensible and sensitive, but there was a problem: the woman did not want to follow through and give evidence. The judge called her into court and called her to the stand because he was concerned about what was happening. He asked her to explain why she did not want to give evidence. She said that she still loved her partner, that she wanted to be with him and that she did not want to put him through the stress of a Crown court trial. With that, the case was over. He was acquitted, they went on their way, and I was left thinking, “Is that really the end?” Was it in fact just the beginning of the domestic abuse that we all recognise?
That story has haunted me all my professional life. The evidence shows that victims of domestic abuse will often have been a victim on dozens of occasions before they call the police or the authorities. Victims are suffering in silence, often for years, and we are unable to reach them.
Several hon. Members rose—
Robert Buckland
I will give way in a moment. I have not yet finished this part of my speech.
I believe that the days of the courts approaching abuse as “just a domestic” have, happily, gone, but my goodness me, we still have a heck of a way to go. I want to give the House one statistic before I give way. In the year ending March 2018, some 2 million adults between the ages of 16 and 59 experienced domestic abuse. That is 2 million people, like the woman I was talking about, whose everyday lives are blighted by abuse and who live with the effects, be they physical or emotional. So we have a high degree of duty to them to pass this legislation.
Peter Kyle (Hove) (Lab)
Another aspect highlighted by the Secretary of State’s incredibly moving story is just how long the survivors of domestic abuse have been waiting for this kind of legislation. They have been waiting for 25 years, and indeed for much longer, but for the past three years the Government have been promising to outlaw cross-examination by perpetrators of domestic violence. People have waited for so long, so will he now give a commitment that this Bill will be seen through before the House is prorogued once more? If it was not, that would be the final straw for many very vulnerable people.
Robert Buckland
I pay warm tribute to the hon. Gentleman, who has been an assiduous campaigner on this issue. Domestic abuse is predominantly experienced by women, but we also know that there are many relationships in our society in which men suffer in silence. We are speaking for everybody, whatever their gender, orientation or classification. This is for everybody. On the question of the carry-over, that motion is on the Order Paper and I know that hon. Members will want to support it. This Bill will be carried over. That is an important sign of our deep commitment to this issue.
Anna Soubry (Broxtowe) (IGC)
I only wish that the right hon. and learned Gentleman’s very moving story was an exception, but sadly, as he and I and many others who have practised at the criminal Bar or as solicitors will know, it is still all too common a story today. I have two quick questions that I hope he can answer. First, will this Act ensure that our police change their attitude? He is right to talk about the courts and the judiciary, but what about our police, who I fear still think of these instances as “domestics”? Secondly, will he meet me to discuss what is happening in our courts? There is now far too long a delay between complaint and trial—there is often a delay of between two and three years, and that is not fair on the victims.
Robert Buckland
I am grateful to the right hon. Lady. On her second point, I will meet her. On her first point, the important thing is what we do to embed the legislation, and that has to be by way of further training and seeing the operational effect of the strategy we set out and the direction that the primary legislation takes.
Several hon. Members rose—
Robert Neill (Bromley and Chislehurst) (Con)
I thank my right hon. and learned Friend for giving way. I, too, have seen examples like the one that he quoted, and I particularly welcome the provisions in clause 75 relating to the prohibition of cross-examination by the abusive party. As the Bill goes forward, will he and his colleagues particularly bear in mind the legitimate improvements proposed by the Law Society and others in this field? They include a proposal for the proper remuneration of, and a proper system for instructing, the representatives instructed to carry out the cross-examination, in the interests of justice. Will he also consider whether examination in chief could be included in certain circumstances—for example, when the alleged abusive party seeks to call the child of the relationship in support of their case? That, too, can cause real distress.
Robert Buckland
My hon. Friend is absolutely right to talk about his experience, the issues that we can tease out in Committee and how far we need to go.
Several hon. Members rose—
Robert Buckland
I will give way again in a moment, but I would like to make some progress.
Abuse has not only a direct impact but an impact on the wider family and, most appallingly and sadly, on children and young people, who suffer the short and long-term emotional and behavioural effects of abuse. We know that children who witness domestic abuse in the home are far more likely to experience abuse by a partner as an adult. It is therefore our role as a Government and a Parliament to do all we can to protect our children from having to suffer as a consequence of abuse, and to ensure that national and local agencies recognise and respond to their needs.
Mrs Pauline Latham (Mid Derbyshire) (Con)
My right hon. and learned Friend is making a powerful speech and giving some amazing examples. I am sure that most of us have come across stories, perhaps sometimes in our own families, where victims do not believe that the perpetrator is at fault and instead believe that they themselves are at fault. He has mentioned physical, emotional and economic abuse. That is the crux of the problem, and the definition has been widened out. I absolutely welcome the Bill. How does he expect it to provide protection for victims and help to expose the vile perpetrators and bring them to justice?
Robert Buckland
I pay tribute to my hon. Friend for her continuing commitment to reform and improvement in this area. The widening of the definition from “financial” to “economic” abuse captures the manipulation that can happen, not only in relation to money but in relation to other benefits and through coercive control. I am proud to have played my part as a junior Minister in ensuring that coercive control went on to the statute book as a criminal offence some years ago. We must continue to reinforce the message that abuse is not just about violence, important though that is, and that its collective impacts can change the lives of far too many victims.
Gavin Robinson (Belfast East) (DUP)
I commend the Secretary of State and, in particular, the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), for the work they have been doing on this issue. On a number of occasions we have stated that we want to embed legislation that provides the best protection, and the Secretary of State will know that this Bill contains particular definitions that are unique to Northern Ireland. However, one thing we are devoid of in Northern Ireland is legislative protection from stalking. I hope that he will give thoughtful consideration during the passage of the Bill to incorporating measures to include that, whether there be a domestic connection to the stalking or not. We need that legislation for the individual victims and their families. Will he also give thoughtful consideration to the inclusion of Northern Ireland Members of this House on the Bill Committee?
Robert Buckland
On the hon. Gentleman’s last point, the business managers will have heard him loud and clear. I am keen to ensure that the Bill maintains its focus on domestic abuse. I do not pretend that we can somehow hermetically seal the issue off from other aspects of criminal behaviour and abuse, such as stalking, but I think that the best place for stalking legislation would be in a discrete piece of work. I draw his attention to the work that we did in England and Wales. I was part of the all-party parliamentary group on stalking and harassment, which campaigned and worked at pace to get stalking criminalised in England and Wales. I will give him encouragement, but I really want to ensure that this Bill is focused.
Stella Creasy (Walthamstow) (Lab/Co-op)
I have just returned from the Council of Europe, where members across parties, especially in the Socialist Group, expressed horror that it has taken seven years and counting for the UK to ratify the Istanbul convention. One of the critical points in ratifying the convention is the treatment of women in Northern Ireland and the fact that they do not have the protections that the Secretary of State has just suggested should not be in the Bill. The Government gave a pledge and told the Council of Europe that the Bill was about ratifying the Istanbul convention, and there is a motion of recommendation about the convention in the UK right now at the Council of Europe. Can he give an assurance that he will not leave the women of Northern Ireland out of the Istanbul convention, let alone the migrant women in this country who also need us to put the legislation together?
Robert Buckland
The hon. Lady makes an important point about the Istanbul convention, and of course we passed domestic legislation about that. I want to make sure that every aspect of the convention is underpinned in domestic law throughout the length and breadth of the United Kingdom. I am simply saying, as a legislator and someone who wants to make sure that we get the Bill in the best possible position, that we need to make sure we get the issues in the right vehicle. If it is the will of the House that the Bill is the right vehicle, that will of course be respected, but I think I am entitled to make that point about what I regard as the real focus of the Bill. I speak as someone who has actively and enthusiastically supported the criminalisation of stalking— as has she—for many years.
Yvette Cooper
I urge the Secretary of State to reconsider this point. We have a Bill before us and the opportunity to address the issue of stalking. There is considerable overlap: many cases that may begin as domestic abuse become terrible cases of stalking when the relationship splits up. There are serial perpetrators of violence and abuse who in some cases are involved in domestic abuse and in others in stalking.
Robert Buckland
Of course, and the right hon. Lady makes an important point. She will know that my decision to extend the unduly lenient sentence scheme to cover stalking offences reinforces my personal commitment and my deep understanding of the link between stalking and obsessional behaviour and the commission of sexual offences, offences of violence or homicide. I absolutely get that, but it is right that we tease out those issues in Committee and look at them again on Report. If it is the will of the House, we will of course do it.
Dr Wollaston
The Secretary of State may know that I took the Stalking Protection Act 2019 through the House and it received Royal Assent in March. Can he update the House on when it will come into force?
Robert Buckland
I pay tribute to the hon. Lady for her work on this important issue and on getting that legislation through Parliament. I will make sure that that information is furnished to her in the course of the debate. Of course, we are brilliantly served by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), and she will respond to the debate.
We have talked about the moral case for pursuing this issue, but there is also an economic case—a case of financial responsibility. Research has established that the cost of domestic abuse was approximately £66 billion for victims in England and Wales in the year ending March 2017. The biggest component of that cost is the physical and emotional harm incurred by them, but the cost to our economy and our health service is also considerable. Domestic abuse makes up one third of all violent crime reported to the police. The case for removal is clear, but the challenge is not easy. The dynamics are complex and mean that much domestic abuse is hidden. Victims face significant barriers in seeking help and difficulties in escaping from an abusive relationship. That is why we need a cross-Government, multi-pronged approach to tackling it. The Bill is not only part of that approach but demonstrates the breadth of our ambition in showing strong leadership and taking decisive action to help to end the suffering and harm.
Philip Davies (Shipley) (Con)
May I say how much I welcome the Secretary of State’s commitment to taking a zero-tolerance approach to domestic violence and to sticking up for the victims? Following his welcome speech at the Conservative party conference this week in which he pledged to end automatic early release of certain prisoners, can he confirm that people who commit violence as part of domestic abuse will be included, and they will no longer be eligible for release halfway through their prison sentence?
Robert Buckland
Yes, I can. People convicted of offences with a domestic element will often be convicted of the most serious violent and indeed sexual offences. Under my proposals, automatic release will therefore apply at two thirds, rather than one half of the sentence. I have furnished the House with a written ministerial statement on that.
Ronnie Cowan (Inverclyde) (SNP)
Sexual exploitation is one of the most heinous forms of abuse that can be perpetrated in domestic situations. That is when the victim is coerced and forced to perform sex acts in return for money, accommodation, employment, services or goods. Does the Secretary of State agree that it is vital that the Bill explicitly recognises sexual exploitation as a form of domestic abuse?
Robert Buckland
The hon. Gentleman is right, and the definition does that. I look forward to more detailed debate to see how fully we can reflect the important point that he makes.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Secretary of State will recognise that there is an interesting situation as between England and Wales. This legislation will apply to England and Wales, but Wales has its own legislature and legislated in this area in 2015. Will he make a commitment to me that Wales will be properly represented on all the scrutiny and advisory boards affected by the Bill, including the answerability of the commissioner for domestic abuse?
Robert Buckland
The right hon. Lady was of course part of the Joint Committee and has an impressive track record on this issue. I have very much appreciated the work that we have done together on these issues. I can give her that assurance. It is clear that all parts of the joint jurisdiction need to be adequately represented.
The Joint Committee was chaired by my right hon. Friend the Member for Basingstoke (Mrs Miller), who did a wonderful and important job. I want to put on record my thanks to her and all the other members for what they have done. The Government have taken on board many of the Committee’s helpful recommendations, and the Bill is better as a result of its work. I am conscious that we have yet to respond to a small number of recommendations, but we will provide an update during consideration of the Bill in Committee.
Bill Wiggin (North Herefordshire) (Con)
My right hon. and learned Friend has been characteristically generous in giving way. I welcome the establishment of a Domestic Abuse Commissioner. There is no doubt that the Bill is important and vital, and will sail through the House, but I am concerned that people will abuse our well-meaning intentions, and I do not want to see people being able to get different answers in different parts of the country. Does he agree that the commissioner will make that less possible?
Robert Buckland
My hon. Friend is right to hail the appointment of the first Domestic Abuse Commissioner. We thought we should not wait for the Bill to go through both Houses, because we thought that the job was too urgent and too important. We have appointed a designate commissioner, but it is very much our hope that the House will support the appointment by passing the necessary legislation.
Ruth George (High Peak) (Lab)
I am sure all hon. Members welcome the Government’s commitment to end economic abuse and to enable partners who are victimised to leave the relationship. I note that the Secretary of State did not include the Department for Work and Pensions in his list of Departments to work with. Does he share the concern of the Work and Pensions Committee at all the evidence we have received from charities that shows people are simply not able to leave violent relationships because of the benefits system? Will he commit to addressing that?
Robert Buckland
The hon. Lady rightly upbraids me, and I apologise. It is important and good that we now have domestic abuse advisers in every jobcentre, who can really help signpost and give support to people who are in abusive relationships. It is right to say that about 60% of claims are made by the primary carer, which will often be a woman, but in a number of cases individuals are trapped in a position of dependence. I hope that the Bill will be an opportunity for us to do more work on that.
Chris Bryant (Rhondda) (Lab)
I hope the Secretary of State has seen the work that has been done in Drake Hall women’s prison, which has shown that about two thirds of women prisoners—those who have been screened— have had a major traumatic brain injury or a history of it. Two thirds of those injuries happened prior to their first offending behaviour and were as a result of domestic violence. So would it not make sense, first, if we screened every woman prisoner before she arrived in prison to make sure that she had the right support, and, secondly, if we made sure that every woman who had potentially suffered from domestic violence was given the neuro-rehabilitation that she needs to make sure that she gets over the physical trauma?
Robert Buckland
The hon. Gentleman makes a powerful point—one with which I am familiar—about the cycle of abuse and then criminality. Women whom I have met in Eastwood Park recently were in a similar position, particularly women from south Wales. I could talk about individual meetings I have had with women prisoners, but the simple truth is that I get the point about acquired brain injury and we want to do more about it. Again, drawing that out in the debate will be really helpful for the Government.
Several hon. Members rose—
Robert Buckland
May I just move on to deal with the provisions in the Bill? I will be as generous as possible in taking interventions.
As we know, the Bill introduces the first all-purpose statutory definition of domestic abuse. Why? It is because we need to do even more to raise awareness of this crime and tackle it more effectively. There needs to be a common understanding, because the outdated perception about violent crime, ranging from common assault through to more serious offences, does not understand the true nature of domestic abuse. It ignores the insidious, controlling or coercive behaviour, and the psychological abuse that, bit by bit, changes what may start as a loving and equal relationship into one that is completely unequal and controlling, where, without the victim realising it, they are turned into somebody who is being abused.
Hannah Bardell (Livingston) (SNP)
I commend the right hon. and learned Gentleman on his passionate commitment and speech. The Bill contains many important provisions. It is important to recognise that in Scotland we have a gold standard, and that this Bill is primarily about England and Wales, but one area on which we have not been able to legislate in Scotland has been concerning migrant women having no recourse to public funds. Does he recognise that there is a failing in the Bill and that much more needs to be done to protect migrant women who have no recourse to public funds?
Robert Buckland
I am grateful to the hon. Lady for raising that matter. Of course that issue is subject to a current review. I do not just want to park it there, as an excuse to do nothing, as we are looking at it carefully and it may well be that we can take action other than via primary legislation.
While I remember, let me answer the point made by the hon. Member for Totnes (Dr Wollaston): the proposal is to bring the law she mentioned into force early next year. We are talking about a matter of a few months. I know she will hold me to “early” meaning truly early, as opposed to civil service-speak. I get that, with respect to the wonderful civil servants who serve this Government well and who are dedicated and working hard to eradicate domestic abuse.
Janet Daby (Lewisham East) (Lab)
I thank the right hon. and learned Gentleman for making such a passionate speech. Does he agree that a mother of two children fleeing domestic abuse should not be living in a one-bedroom hostel for more than a year? Women who have experienced domestic violence need priority housing, and reasons such as I have mentioned force some women to remain with their abusers.
Robert Buckland
The hon. Lady is right about that. I am very hopeful that this Bill will allow us to tease out these issues and address the issue of secure accommodation for victims in abusive relationships. I will take a moment to pay tribute to the network of organisations such as Swindon Women’s Aid, in my constituency, which provides a gold standard service. She would agree that this is about not just the accommodation, but the wraparound support that women need—the advice, counselling and trauma counselling—to try to rebuild their lives. She is right to talk about the effect on the children of the relationship, too.
Several hon. Members rose—
Robert Buckland
May I move on to deal with some other provisions in the Bill? I want to talk about the concept of financial abuse, which we have dealt with in interventions. I want the new definition to be used by service providers, justice agencies and schools, and promoted to the public at large, so that finally we have a shared understanding of the nature of this abuse. Only then can we really identify, challenge and respond to it. We have already heralded the appointment of Nicole Jacobs as our designate Domestic Abuse Commissioner. This Bill will put that post on a statutory footing. We will ensure that she has the necessary powers to drive this change, so that public bodies such as local authorities, NHS bodies and justice agencies will be under a duty to co-operate with the commissioner. They and Ministers will be required to make a timely response to each and every recommendation made.
Diana Johnson (Kingston upon Hull North) (Lab)
I, too, served on the pre-legislative scrutiny Committee. One of our recommendations was that the post of Domestic Abuse Commissioner should not be part-time—it needs to be full-time. All the evidence we heard was that there was plenty of work to do. Will the Minister reassure us that it will now be a full-time post?
Robert Buckland
Yes, the hon. Lady makes a very proper point. We wanted to get this moving now and get it in place so that the work could begin. I want to see and fully expect the post to become full-time, certainly after it is embedded in law, so I can give her that assurance.
Kirstene Hair (Angus) (Con)
Let me say how powerful it is in this place to have such strong consensus on this important Bill, which focuses on England and Wales. Research shows that domestic abuse can last up to 25% longer in rural areas, as there are more complex obstacles to people exiting these situations and the police resources are spread over a vaster geographical area. Will the Minister therefore confirm that the Domestic Abuse Commissioner will have a renewed focus on rural areas, in order to ensure parity?
Robert Buckland
I am grateful to my hon. Friend, who makes a new and important point in this debate, which I readily take on board. The police and crime commissioner for North Yorkshire has been doing an important piece of work on the understanding of rural domestic abuse, the delay involved in that and all the points that my hon. Friend makes.
Victims of domestic abuse—
Several hon. Members rose—
Robert Buckland
May I just press on for a moment? Victims of domestic abuse just want it to stop. They do not want to live in constant fear in their own home or to be forced to flee to a place of safety. That is why civil protection orders play such an important role in providing protection to victims and their children, but at the moment we have a rather confusing landscape, with non-molestation orders, restraining orders and domestic violence protection orders. Each of those is available in different circumstances. They do different things and they have different consequences where the order is breached. Victims are not well served by that plethora. In recognition of that, the Bill provides for a new go-to domestic abuse protection notice and the domestic abuse protection order. I hate acronyms but I will call it a DAPO on this occasion. The notice will give victims immediate protection following a crisis incident. It will be issued by the police—
Robert Buckland
Mr Speaker, I think I have been very generous. I respect all hon. Members, and I will give way to the hon. Member for Hampstead and Kilburn (Tulip Siddiq) now.
Tulip Siddiq
I had better make a good point now! The Minister has been making a powerful speech, and I welcome this Bill, but I have to reiterate the point about migrant women. Leaders of the non-governmental organisation Liberty argue that migrant women face an “impossible” situation
“where they are forced to choose between the risk of detention/deportation or staying in a situation of violence.”
So I ask the Minister, once again: where is the support? The Bill is welcome for the most part, but it clearly is a missed opportunity to create an intergovernmental strategy to support migrant women who are at risk of abuse. Does he agree that all of us should work together to develop a framework of support in Committee? Will he commit to that?
Robert Buckland
I am grateful for the hon. Lady’s persistence, because it has resulted in an important point. I assure her that the review is not just an internal review; it involves the sort of agencies that she and I would want to be involved. Not only the review but this Bill and the debates we can have in Committee can help us to get to a situation where we are providing the appropriate support for all victims, including migrant women. I thank her for her intervention.
Several hon. Members rose—
Robert Buckland
May I make some progress? With the greatest respect to my colleagues, I shall finish the point about what the new DAPO will mean. It will be issued by the police. It may, for example, require the perpetrator to leave the home of the victim for up to 48 hours, and the issue of that notice will then trigger a police application to a magistrates court for a longer-term DAPO to protect the victim.
Of course, it will not always be the case that a single incident necessitates the issuing of a notice. That being the case, the Bill also allows for a victim, the police or any other person, with the permission of the court, to apply for one of these orders, and it would also be open to a judge or magistrate to decide for themselves to make a DAPO as a corollary to existing proceedings in the criminal, civil or family court. So, this is a fully flexible instrument. It can be tailored by the court to meet the needs of the individual victim, and it would be for the courts then to determine its length, or indeed to decide that it should be open-ended until such time as a further order was made. Really importantly, the court will be able to attach not just restrictions but positive requirements. For example, an order could prohibit the perpetrator from contacting the victim, require that perpetrator to attend a behavioural change programme and compel them to wear an electronic tag to monitor compliance with an exclusion zone around the victim’s home. Crucially, breach of that order will be a criminal offence, with a maximum penalty of five years in prison.
Melanie Onn (Great Grimsby) (Lab)
I take the opportunity to welcome the tone that is being struck this afternoon. That is incredibly important.
On the point that the right hon. and learned Gentleman is making about DAPOs, we already have a system whereby if a person is convicted of a domestic abuse crime, there is a possibility that there will be a light sentence; they could end up with a suspended sentence. That is what happened in the case of a constituent of mine—the perpetrator got a suspended sentence. Processes were put in place to ensure that the perpetrator did not repeatedly harass or contact the victim, but nevertheless that continued, and there was no action, despite those breaches of conditions, to re-arrest the perpetrator. So what confidence can victims have that the new process will be any better than the present one?
Robert Buckland
The hon. Lady has given a powerful illustration of the importance of this order, because it can be run alongside a criminal conviction. So even if there is a suspended sentence, as in the case that she cited, an order can be passed—a DAPO—that will have its own criminal consequences. It gives that extra strength, that extra purchase, not just to the authorities but to the victim, to know that there is a mechanism by which the perpetrator can be held to account if they breach the terms. With respect, I think this is an important additional element, but I bear what the hon. Lady says very much in mind.
I want to ensure that we get these new orders right, so we need to make the whole process as simple as possible for victims, and also for the police and others when navigating it. I want these new orders to be effective in changing abusive behaviour and protecting victims. We shall pilot these provisions, therefore, in a small number of areas before rolling them out nationally, so that issues of the sort that the hon. Lady and others have raised can be ironed out and dealt with, to make the provisions as effective as possible. The worst thing to do in these circumstances—we have all been here before as legislators—is to talk nobly and grandly about our intentions, pass the legislation and then find that nothing has changed. When we do so, all we have done is to raise victims’ expectations, only to cruelly let them down. We are all responsible for that, so let us get this right.
If we are to strengthen the protection afforded to victims, we need to employ more measures to keep them safe. So, in addition to the DAPOs, the Bill seeks to build on two other preventive tools: the domestic violence disclosure scheme, which we all know as Clare’s law; and the polygraph testing of high-harm perpetrators.
Clare’s law has been in operation for over five years and I can see many Members—myself included—who campaigned very hard as Back Benchers to get that moving and to make a difference. It has been a success. Just to remind the House, the scheme has two elements: the right to ask and the right to know.
The right to ask allows an individual—or a relevant third party, such as a family member—to ask the police to check whether a partner, or ex-partner, has had a violent or abusive past. If police records show that an individual might be at risk of domestic abuse from their partner or ex-partner, the police can consider the disclosure of relevant information.
Under the right to know, the police may proactively decide to disclose information to keep a potential victim safe. In the year to March 2018, there were over 5,500 disclosures under that scheme—a welcome and encouraging statistic. However, I am clear, and the police accept this, that Clare’s law does not always operate as well as it should, which is why the Bill puts the guidance underpinning the scheme on a statutory footing, and places a duty on police forces to have regard to that guidance. We believe that will help to raise awareness of the scheme, increase the number of disclosures and ensure greater consistency across England and Wales.
I acknowledge that, in contrast to the rest of the Bill, there has been a degree of scepticism about polygraph testing, including from the Joint Committee, but I can assure the House that it is not a panacea—it is not a gimmick; it is a genuine attempt better to protect victims. I will tell the House why. It has been used successfully in the management of sexual offenders for the past six years. In that context, it has been shown conclusively that polygraph examinations provide useful information—useful intelligence—including what is disclosed by the offender, to help those responsible for supervision better to manage the risk of reoffending.
Given that evidence, I suggest that we at least test whether there are similar benefits to be secured in the management of high-risk domestic abuse offenders. To that end, the Bill allows the National Probation Service to conduct a three-year pilot among that cohort and, if successful, to roll the scheme out.
Robert Buckland
I give way to the hon. Member for Islwyn (Chris Evans), whose seat I unsuccessfully contested 25 years ago next February.
Chris Evans
I do not want to remind the Minister, but in that by-election he actually lost his deposit, so I am amazed that the Conservative party allowed him to stand again. We have known each other a long time; we served together on the Justice Committee, of which he was an extremely talented member, and I am not surprised he has reached Cabinet level. However, he knows that when we served on that Committee we had major doubts about the technology of polygraph testing, and other Government Committees have noted problems with IT. IT is a problem of Government. Is he confident that the technology will provide for this type of Bill?
Robert Buckland
I am grateful. I do not know whether that was a compliment, but I will take it as such. I am very glad to see the hon. Gentleman in his place, representing that wonderful part of Gwent, where perhaps one day the electorate will take a different view—who knows? I hope not for a long time—[Interruption.] I was speaking on a personal basis.
The hon. Gentleman makes an important point about polygraph testing. I assure him, first, that this is a pilot; and, secondly, that this is not an attempt to use it as evidence. Clearly, there needs to be a high bar for the admissibility of evidence in criminal or family or civil proceedings. This measure is all about getting the sort of information—intelligence—that can help the police and other agencies to assess risk. Material of that sort can be invaluable and really make the difference for many victims.
Where prevention and protection has failed, some victims will seek remedies before the courts. I recognise that we must do better. In criminal proceedings against an alleged perpetrator, we want victims to be able to give their very best evidence to help convict the guilty. Giving evidence, as I said, can be a daunting, traumatic experience—and often a barrier—so there is already provision for what are termed “special measures”. It has been in legislation for 20 years. Those measures are designed to take some of the stress out of that process. If the quality of a victim’s evidence can be improved by allowing them to give evidence from behind a screen or via video link, or by playing a pre-recorded interview, we should do everything we can to allow that. The Bill, importantly, ensures that the victims of domestic abuse—the complainants in the trial—are automatically eligible for such special measures.
Few things are likely to re-traumatise victims more than being subject to direct cross-examination by their abuser in legal proceedings. Such an experience will inevitably cause immense stress, and would of itself be a continuation of the abuse.
Mr Bob Seely (Isle of Wight) (Con)
I am so grateful to the Secretary of State for giving way. I congratulate him on making a powerful speech.
The issue of coercive control is highly complex, and such control can trap victims in debilitating and isolating fear. Sadly, friends of mine who have been victims of coercive control talk of almost being taken psychologically hostage by an abusive former partner. Does the Secretary of State agree that the hope is that the Bill would not only change the law for the better—although we still need to scrutinise it, however widespread the support is—but would change behaviour as well, and encourage women who are victims of coercive control to know that it is not right?
Robert Buckland
My hon. Friend has coined a very powerful phrase—psychological hostage—which is the right characterisation of the relationship he describes. I welcome his support and observations, and I am truly grateful to him.
Robert Buckland
I will give way to my right hon. and learned Friend, the former Attorney General.
Jeremy Wright
I am very grateful to my right hon. and learned Friend and I congratulate him on the way in which he is making the case for this very important Bill.
My right hon. and learned Friend has talked about the confidence that we need to give domestic abuse victims in the experience they are likely to have within the criminal justice system. He is right to highlight special measures, and I know he will also talk about preventing defendants from cross-examining complainants.
In relation to special measures, may I ask him to consider something that he and I know has worked well elsewhere—not just pre-recorded examination in chief but pre-recorded cross-examination? The benefit, as we know, is not just the complainant’s ability to get their part in the case out of the way altogether—dealing with the point about delay that the right hon. Member for Broxtowe (Anna Soubry) made—but that it very often causes the defendant to recognise the position that he, and it often is he, is in and to plead guilty early.
Robert Buckland
My right hon. and learned Friend speaks with immense experience. He is absolutely right about what we call the section 28 roll-out, which proved in the pilot to be a really successful scheme whereby victims of sexual abuse—child victims—are both examined in chief and cross-examined on video. It is an immensely sensible use of resources. It saves time for the victims. It is all done much more quickly and, as he said, it often leads to a much more sensible resolution in terms of the admission of guilt.
I am very interested in taking that concept further. That does require discussions about resource, and requires me to consult fully with the Lord Chief Justice and the judiciary, as I am constitutionally obliged to do, on its impact. I will obviously have further discussions on that matter and I will discuss it with my right hon. and learned Friend and other hon. and right hon. Members who have both a knowledge of and a commitment to this important issue.
Finally, Mr Deputy Speaker—[Interruption.] Well, I will go on if Members want. I could talk all day about this topic—[Interruption.] Oh, forgive me, Mr Speaker, I demoted you.
The hon. Member for Walthamstow (Stella Creasy) mentioned the Istanbul convention and made a very proper point about the need to fill the gaps, which is why it is important not only to emphasise what the Bill is already doing but to remind ourselves what the convention requires us to do. We have to criminalise psychological violence and to take extraterritorial jurisdiction over that and certain other violent and sexual offences. This Bill, of course, gives effect to that.
Naz Shah (Bradford West) (Lab)
I thank the Minister for giving way and welcome his speech. He talks about extraterritorial powers. My constituent Samia Shahid was lured to her rape and murder in Pakistan, but we were unable to pursue that as an investigation. Will this measure include provision to cover that?
Robert Buckland
I am incredibly grateful to the hon. Lady for mentioning honour crime, which, of course, takes many forms. I have dealt with it myself in the context of other types of offending. The extra territorial jurisdiction will, of course, extend to offences of sexual violence, and if this Bill does not do that, then, frankly, we need to ensure that it is as watertight as possible. Again, we can look in detail at those provisions in Committee.
Wera Hobhouse (Bath) (LD)
I thank the right hon. and learned Gentleman for giving way. The Istanbul convention is not just about extraterritorial powers but about the provision that we make for survivors in this country. If we are signatories, it means that we give extra care to people who return having experienced abuse abroad. Will he make sure that we sign the Istanbul convention so that we can provide adequate support for victims in this country?
Robert Buckland
The hon. Lady is right to remind us of the wider implications of the Istanbul convention. Much of that provision will have to be done as a matter of operation, but, again, this Bill gives us an opportunity to set the framework correctly.
Emma Little Pengelly (Belfast South) (DUP)
I thank the right hon. and learned Gentleman for giving way. I welcome both his comments and the fact that some of the Bill’s provisions extend to Northern Ireland. The situation in Northern Ireland is stark. Figures released in 2017 and promoted by Women’s Aid in Northern Ireland, which does fantastic work, showed that by head of the population deaths among women was the joint highest in the entire European Union. In 2018, a domestic abuse call was made once every 17 minutes. Our law is very much falling behind what is happening in England and Wales.
Will the Secretary of State engage with me and my colleagues on what other provisions could be extended to Northern Ireland to offer that much-needed protection for women—and for men and others—who are impacted by this? I ask that because of the importance of this issue and because of the absence of a Northern Ireland Assembly.
Robert Buckland
The hon. Lady makes a very powerful case for making sure that we use this Bill as an opportunity to extend as much protection as possible to domestic abuse victims throughout the length and breadth of our country. Scots law and my friends in Scotland have been dealing with this at length. Where it is appropriate to legislate, this House has the opportunity to act.
Rachel Maclean (Redditch) (Con)
I thank my right hon. and learned Friend very much for giving way. It was a huge pleasure and privilege to serve as Parliamentary Private Secretary to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), with all the work that she did over many, many months, which is why I am delighted to see the Bill progress today.
No one who listened to Sally Challen be interviewed on the radio the other day can fail to appreciate how important this Bill is. We are talking about resource and about costs that will come with the Bill, but does my right hon. and learned Friend recognise that, currently, the cost of domestic abuse is £66 million a year—as of 2017—so if resource has to be put into the system it must be done?
Robert Buckland
My hon. Friend is absolutely right to remind us of the economic as well as the moral cost of domestic abuse, and the Sally Challen case is one that will live with all of us as an example. The hon. Member for Swansea East (Carolyn Harris) and I have spoken about it at length. I look forward to her contribution because, although we are political opponents, we are also friends. Working together on issues such as this, we can show that, as friends, we can make that change.
The Government are absolutely determined not just to stamp out this crime but to provide better support for victims and their families. We have shown in our response to the pre-legislative scrutiny of the proposals that we are open to means of strengthening this Bill. Indeed, we expect to bring forward some proposals of our own. Before the summer, we made it clear that, subject to the outcome of the then open consultation, we would bring amendments to the Bill to place new duties on first-tier local authorities with regard to the support services to victims and their children in secure accommodation. The Ministry of Housing, Communities and Local Government is currently considering more than 400 responses to that consultation, but it remains our intention to bring forward appropriate provision to enshrine those duties in law and to provide the necessary funding to do so.
Chuka Umunna (Streatham) (LD)
I am very grateful to the Lord Chancellor for giving way. We have in Lambeth among the highest rates of domestic violence in the country, so I very much welcome the introduction of this duty on local authorities. Does he recognise that it is vital that coupled with that duty is a Government commitment to help to provide the sustainable funding for specialist services that is needed? Secondly, does he recognise that the provision of those services should not be done through competitive tendering, which is squeezing out many of the specialist service providers?
Robert Buckland
I am very interested in the hon. Gentleman’s contribution, because he makes an important point about the way tendering is administered. I certainly want to make sure that the probation reforms unlock the genius of the small organisations that can really make a difference, but there is a read-across to the way in which we provide victim services. I am taking a keen interest in the commissioning of those services. Police and crime commissioners clearly have a role, but I want fully to understand and work out the miasma that faces small organisations making those bids, so I take his point very much on board.
Robert Buckland
The hon. Member for York Central (Rachael Maskell) has been very persistent, so I shall give way to her.
Rachael Maskell
Services such as Survive in York, which provides trauma support to victims of domestic violence, are seriously under-resourced. It is crucial that the Bill gets trauma support services right, particularly mental health and psychological support services. How will the Lord Chancellor ensure that these services are properly funded as well as provided?
Robert Buckland
The hon. Lady draws together all the issues in her local community. The various agencies, including police and crime commissioners, have a part to play. I want to ensure that the Domestic Abuse Commissioner helps to provide a focus on where the gaps are and where things are going wrong, but my hope is that this overarching legislation can provide a framework within which we can get the greater consistency that the hon. Lady and I rightly want.
No one should have to face violence or abuse from their partner or any other family member. Millions are experiencing it, and we owe it to each and every one of those affected to do all we can to protect and to support them, to put an end to domestic abuse, and to bring offenders to justice. It might be 25 years since the case I mentioned at the start of my speech, but the fact that it lives with me—a mere observer—means that the experience is magnified 100-fold for those who have experienced the physical and emotional consequences of domestic abuse. We owe it to all those millions of people who suffer in silence to do something about it, and to do it now.
Mrs May
I absolutely agree with the hon. Lady. That is why I trust that we will pass this legislation. We will pass it in good shape, and it will make a difference, but it is only one step. It is about getting that recognition out there of what is right and what is wrong. It is very simple: it is not right to hit somebody in a relationship. But it is more than that, which I will come on to in a minute—conscious as I am of the number of Members who wish to speak, I will touch on a small number of issues very briefly.
The first issue is one that many people looking at this legislation might feel was insignificant, but it is hugely significant—the inclusion in statute of a definition of domestic abuse. Not that long ago, a number of Government Departments were working to different definitions of domestic violence and abuse. I recall that, as Home Secretary, I tried to ensure that we could at least try to get an agreement among Departments as to what a definition might be. Having it in statute is hugely important, as is having a definition that goes beyond what most people would answer if you asked them what domestic abuse or domestic violence was, which is physical violence, and recognises all the other types of abuse that take place.
It is chilling to sit and hear a woman who has been controlled by her other half for a period of time—often for years—say how it happened slowly, and that it was difficult to recognise when it started. Little by little, however, that control was exercised until that individual’s rights as an individual human being were taken away from them. That is what we are talking about when we talk about domestic abuse, so getting that definition right are incredibly important. As the Lord Chancellor said, I hope that others will use the definition in the Bill. It is referred to as the underpinning of this Bill, but I hope that others will use that definition and recognise it.
The second issue I will touch on was referred to earlier, and that is the courts. I am sure that every Member is aware of cases—indeed, the Lord Chancellor started his speech with a reference to his case 25 years ago—in which a victim of domestic abuse has not felt able to pursue, to give evidence and to go through the steps necessary to see the perpetrator brought to justice. Fear of what will happen in court often drives people, and there is also the fact that the perpetrator might well use and manipulate them to ensure that they do not give evidence in court.
I remember when I was Home Secretary talking about one case in the west midlands. An independent domestic violence advocate was describing how a woman almost did not turn up at court, even though they had done a lot of work for her to turn up. The IDVA had gone to the home to see what the problem was, and it was very simple: the perpetrator had locked the woman in a cupboard, so that she physically could not get to court to give evidence. We have to recognise the problems that victims face.
Another issue, which has been referred to by the president of the family division of the High Court, is the question of cross-examination by perpetrators. That can be an extension—in some cases, deliberately so—of the abuse that the victim has suffered. Having the prohibition of that on the face of the Bill is incredibly important.
I want to touch on the issue of children. For far too long in this country, we thought that if a child was in the room next door when someone was being hit or coerced, that child would not be affected. Nothing could be further from the truth. I think the figure for children who have been in a home where there has been domestic abuse is that they are 50% more likely to endure such abuse in a relationship later in their lives. That is why I said earlier that domestic abuse does not just blight or destroy the life of the victim, but does so for those around the victim too.
This is important. I recognise the pros and cons when looking at the issue, but I do not want us to miss this opportunity to ensure that we properly look after the needs of children in a home where domestic violence is being experienced. I ask the Government to look very seriously at recommendations to do with children, to ensure that we do not pass a Bill into statute only for people to ask, six months down the line, “Why didn’t you?” It is imperative to look at that.
I will touch briefly on two other issues, one of which is the question of perpetrators. This is a hugely difficult topic to talk about. I am sure that we would all prefer not to have the necessity of talking about domestic abuse legislation, because we want to eradicate domestic abuse—we are very far from doing that—but, if we are to get to that point, we have to deal with perpetrators. We talk a lot about supporting victims, and that is absolutely right, but finding a way to ensure that people do not become perpetrators in the first place or, where they are perpetrators, that they cannot continue to perpetrate domestic abuse, is hugely important too. It is difficult. From talking to organisations that work with perpetrators, I know that finding the interventions that will have the best impact is hard.
Robert Buckland
My right hon. Friend is making an important point about perpetrator programmes. I think she would agree that we have to be careful to ensure that programmes are tested and are the right ones, because we do not want to make the problem worse.
Mrs May
My right hon. and learned Friend has made a very valid and important point. That is why I say this is a difficult topic. Sometimes it seems hard to talk about working with the perpetrators, but it is important that we identify the programmes that work, and that will not be one size fits all. I think the Joint Committee made that point when they looked at this issue, which was very welcome. It has to be done carefully, but we should not shy away from it, because if we wish to see an end to domestic abuse, we have to deal with perpetrators. That goes alongside issues such as education on what a good relationship is, so that we see those sorts of behaviours being stopped at the first sign, rather than being allowed to continue.
Some might say that the last point I want to make is slightly tangential to the Bill, but I want to talk about the police. A huge amount of work has been done with the police to train them to deal with domestic violence. Many developments are very helpful. For example, body-worn video cameras can ensure that film is taken when the police turn up to a reported incident, so that someone cannot say later, “Well, no, it was okay, nothing happened.” Such evidence is hugely important. The ability through the use of technology for a police officer attending an incident to know in advance whether there have been reports of domestic violence or abuse there in the past is another important element. Also—I am sure that others have had this experience—domestic abuse victims talk about the fact that if they get a police officer who has been well trained, it works well, but when someone reports an incident, it is the police officer who is on duty who comes, and they will hand on to the response unit that comes out, and such officers often do not have the same experience. We need to look at that very carefully.
We also need to do something else—this point was made to me by one of the people involved in one of the charities dealing with victims of domestic abuse. Police forces need to look at how they deal with domestic violence and domestic abuse within the force when police officers themselves are subject to such domestic abuse. If they turn a blind eye, that gives a message to their officers about how they should treat people outside the force who are reporting abuse. That aspect has not really been focused on previously, but we should focus on it. We should be encouraging police forces to ensure that they have, within their forces, the means to support such officers properly. There will be police officers who themselves are the victims of domestic abuse, and we need to ensure that forces have the ability to support those police officers.
As I say, this is a hugely important Bill. It will, I know, be subject to very close scrutiny during the Committee stage. There is so much that is good in this Bill. There are obviously issues that the Government are being asked to look at again to make sure that we get this into the best shape that it can be. However, as I said earlier, I say to everybody across this Chamber that passing this legislation is but one move. It is up to all of us to make sure that we are doing everything we can to make clear to our society and to the public the horrific nature of domestic abuse, the impact it has on people’s lives and the need for us as a society to say, “Stop it.”
Alcohol Abstinence Monitoring Requirements
Robert Buckland Excerpts(4 years, 7 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
As part of the urgent review of the sentencing and release framework announced by the Prime Minister in August, we considered changes to sentencing for the most prolific offenders which could help break the cycle of re-offending. We know that these offenders generally have multiple and complex needs which are linked to their offending behaviour, in particular drugs, alcohol and mental health needs. If we are to break the cycle of re-offending, particularly for prolific offenders who cause significant public concern and harm to society, solutions will often lie in community sentences.
In order to address offending linked with alcohol misuse, I propose to introduce alcohol abstinence and monitoring requirements (AAMR) across England and Wales, starting in 2020, requiring offenders not to drink for up to 120 days. It follows successful pilots launched both in London by the Prime Minister in his former role as Mayor of London, and in the Humberside, Lincolnshire and North Yorkshire community rehabilitation company (CRC) area.
This will form part of a wider package of reforms for community penalties which we are planning to bring forward that offer an appropriate level of punishment, while tackling the underlying drivers of offending through treatment. As we continue to develop policy and before legislation is laid, we will consider fully the impact of the proposals and have due regard to the requirements of Section 149 of the Equality Act 2010.
[HCWS1843]