Oral Answers to Questions

Debate between Robert Buckland and Kerry McCarthy

Tuesday 18th May 2021 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

If he will make a statement on his departmental responsibilities.

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

In the Gracious Speech last week, the Queen outlined this Government’s plans to recover from the covid-19 pandemic and to build back a better country for our future. The justice system has a vital part to play in that—to cut crime, to protect victims, and to guarantee fairness in our society. My ministerial team and I look forward to steering a number of new Bills through Parliament during this Session. As I said earlier, I am pleased that our new pet theft taskforce will now look at how we can better protect people from the awful crime of pet theft and ensure that action is taken against those who perpetrate it and those who organise it.

[Kerry McCarthy]

Will the Secretary of State advise on what is being done to ensure that prisons reopen for family visits as soon as possible? The guidance on the Government website has not been updated since 29 March. Although I am told that prisons can reopen once they reach stage 3 of the national framework, I certainly know of some that have reached that stage but still are not open, which is very upsetting for the families involved, so will he give us an update?

[Robert Buckland]

Of course, Her Majesty’s Prison Bristol will be near to or in the hon. Lady’s constituency. I am glad to tell her that the majority of prisons have now reached stage 3 in accordance with the plan that I published last year. The individual decision making is very much up to governors and regional group directors, but I can assure her that Ministers and senior officials are driving forward progress on reopening, allowing visits, and indeed considering moving to the next stage, stage 2, which would further open up the prison environment —consistent of course with public health guidance and the needs and the safety of prisoners.

Oral Answers to Questions

Debate between Robert Buckland and Kerry McCarthy

Tuesday 16th March 2021 Commons Chamber

[Robert Buckland]

The hon. Lady will be glad to know that I regularly engage with the Welsh Government, Her Majesty’s Courts and Tribunals Service, and Her Majesty’s Prisons and Probation Service in Wales to ensure that the prison estate is safe, and the probation service is delivering. We have heard about the sobriety tags that have been piloted in Wales, and our courts are working well. I am glad that in Wales the management of cases has demonstrated that, now that there is no backlog. In particular, Newport Crown court was home to a multi-handed murder trial, which was dealt with successfully in recent weeks. A lot of good work is going on in Wales. Wales is leading the way, and I am proud of that.

[Kerry McCarthy (Bristol East) (Lab)]

What funding his Department has provided for technology to support prison education programmes.

Courts and Tribunals: Recovery

Debate between Robert Buckland and Kerry McCarthy

Thursday 3rd December 2020 Commons Chamber

[Robert Buckland]

I am grateful to my hon. Friend for her concern about children in the system. She will know that there are existing protocols applied by the courts to ensure that cases involving children are heard as early as possible, which is particularly important when it comes to the Crown court. The overall number of children in a secure setting, whether it is a young offenders institution or other secure accommodation, has continued to fall. It is now around 600. The numbers on remand remain about the same as they did before the pandemic but are proportionately higher because of the overall reduction in the sentenced population. We have been dealing as carefully as possible with the regime that is applied to ensure that young people are safe but that their frustrations when it comes to exercise and activity, which are natural, are dealt with. I am particularly interested in ensuring that education and skills training is improved during the pandemic, bearing in mind that in the first wave, apart from one institution, we were not able to run those programmes. I will keep her updated.

[Kerry McCarthy (Bristol East) (Lab)]

As I understand it, the independent review of administrative law panel was due to report this year. I hope the Secretary of State can give us an update on that and on whether it has looked at the fact that the number of successful environmental claims for judicial review fell by two thirds from 2016 to 2019, despite a tougher test for granted permission to proceed to the final stage. Does he agree that it is really important that access to judicial review is protected, even during difficult times like these?

[Robert Buckland]

I can assure the hon. Lady that, as set out in the terms of reference for the independent review of administrative law, the principle of judicial review and its importance in our system is something that we all believe in. The Aarhus convention will continue to apply with regard to environmental cases. The review is, as she would expect, independent. It has embarked on a large call for evidence, which has been completed. I anticipate a report soon. I will then consider the matter carefully and come back with a full response, and I will keep the House updated on progress once I receive the initial report.

Probation Services

Debate between Robert Buckland and Kerry McCarthy

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

I think it is morally right to harness whatever we can to help us deal with not only offenders, but the causes of offending. That will often be Government-led and state-led, and that is right—we have a duty under law to do that—but there will be plenty of occasions when the genius and talent that might be in the voluntary and private sectors should also be harnessed. So I do not accept this suggestion that somehow there is a moral difference between the mixed approach that I want to take and one that rigidly sticks to an ideological position that I do not really think the hon. Gentleman believes in.

[Kerry McCarthy (Bristol East) (Lab)]

Places such as Eden House in Bristol provided an important alternative to custody for vulnerable female offenders, but the services were slashed under privatisation. Will the Minister commit, based on the work of my predecessor in this place, Baroness Corston, to making sure that services such as Eden House are returned to full capacity, so that we can fulfil that agenda of trying to keep women out of prison and providing a safe alternative for them?

[Robert Buckland]

I pay tribute to the work of Baroness Corston, which has informed policy over many years. I know that she would welcome the female offenders strategy, which enjoyed cross-party support in 2018. We are now putting that into implementation. I have announced a centre in Wales, which will really help to provide that small-scale residential but secure environment. I am keen to try to replicate that wherever possible. I have to work within a budget, but, as I have announced, it has seen an overall increase, and I want to make sure we can drive that forward in a way that I think the hon. Lady will applaud.

Oral Answers to Questions

Debate between Robert Buckland and Kerry McCarthy

Tuesday 9th June 2020 Commons Chamber

[Robert Buckland]

Your non-intervention, Mr Speaker, shows how ingenious Members of Parliament can be in weaving in themes to questions. I admire my hon. Friend’s tenacity. He will be glad to know that we will shortly be consulting on the retirement age not just for magistrates but for the judiciary in general. I am grateful to him.

[Kerry McCarthy (Bristol East) (Lab)]

What steps his Department is taking to reduce the backlog of court cases that has accumulated as a result of the covid-19 outbreak.

Oral Answers to Questions

Debate between Robert Buckland and Kerry McCarthy

Thursday 1st November 2018 Commons Chamber

[The Solicitor General]

My hon. Friend is right to focus on the menace of organised crime and county lines. The CPS has developed an approach to county lines, particularly when it comes to the investigation and prosecution of offences involving vulnerable people—in other words, how to treat them and whether they should be treated as victims or defendants.

[Kerry McCarthy (Bristol East) (Lab)]

The anti-slavery charity Hope for Justice has said that two thirds of UK modern slavery victims are in the waste industry. The Environment Agency is training its staff to spot this exploitation. What liaison is the CPS having with the Environment Agency on this matter?

[The Solicitor General]

The hon. Lady makes a very good point. The waste industry, car cleaning and such activities are clearly a focus for this type of unlawful behaviour. The police and the Crown Prosecution Service are indeed working with other agencies, but I take the particular point she makes and I will re-emphasise it to the CPS.

Oral Answers to Questions

Debate between Robert Buckland and Kerry McCarthy

Thursday 6th September 2018 Commons Chamber

[The Solicitor General]

Indeed, the question the hon. Lady asks is about confidence, and we are playing our part as Law Officers to ensure that it increases. The fact that she has raised the case today will again help those responsible to understand the need for consistency when it comes to dealing with serious offences.

[Kerry McCarthy (Bristol East) (Lab)]

8. What steps the CPS is taking (a) domestically and (b) internationally to increase the effectiveness of prosecutions for modern slavery.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

9. What recent discussions he has had with the CPS on the effectiveness of prosecutions in cases involving modern slavery.

[The Solicitor General (Robert Buckland)]

The Director of Public Prosecutions and I are members of the Prime Minister’s taskforce on modern slavery, which aims to do more to bring perpetrators to justice and support victims both here and overseas. The Crown Prosecution Service has recently announced an increase in prosecutions for modern slavery, and I will meet the DPP further to discuss how that good work can continue.

[Kerry McCarthy]

I welcome the fact that the number of prosecutions has gone up, I think by 27%. Is the Solicitor General having discussions about how we treat young people who are involved in county lines? Will they be treated as criminals, or as the victims of, in many cases, modern slavery?

[The Solicitor General]

I know the hon. Lady takes a keen interest in this issue through her all-party group and in other work, and she hits the nail on the head when it comes to the difficult decisions that are sometimes made. I assure her that the typology on county lines that the CPS published only a few months ago has a particular focus on such issues. There will be times when a decision to prosecute must be made, but many of the people involved—particularly young people—are victims who need support.

Oral Answers to Questions

Debate between Robert Buckland and Kerry McCarthy

Thursday 8th February 2018 Commons Chamber

[The Solicitor General]

My right hon. Friend is correct to raise some of the obstacles that prosecutors have faced over the years, and barriers have caused real issues in the investigation of such cases. I am glad to say that a case is currently before the courts—I will not comment on it—but it is also important to remember that protection and prevention is vital, and our FGM protection orders are being used to good effect, with 179 having been granted to the end of September last year.

[Kerry McCarthy (Bristol East) (Lab)]

Bristol is recognised as being at the forefront of some of the community involvement in trying to prevent female genital mutilation, but the fact that we have not yet had a single conviction is still a sticking point. What more can the Solicitor General do to liaise with the police? Local prosecution services tell me that they are being prevented from taking things further because the police are not bringing cases to them.

[The Solicitor General]

The hon. Lady is right to press me on this issue. With the appointment of lead FGM prosecutors in each CPS area and agreed protocols with local police forces, I am glad to say that there should be a greater and deeper understanding among officers, police officers in particular, of the tell-tale signs of female genital mutilation and of what to do about them. Getting early investigative advice from the CPS is vital in such cases.

European Union (Withdrawal) Bill

Debate between Robert Buckland and Kerry McCarthy

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[The Solicitor General]

May I reassure the hon. Lady by pointing out that there are many areas on which we have heard debates, such as on live importation? I want to make sure the new domestic law we introduce is comprehensive in a way that I know she would fully support. Cross-referencing to the obligations in article 13 —which apply only to EU policies, not to UK policies—would, if anything, create more confusion once we have left the EU.

Frankly, article 13 has not delivered and its effect on domestic law is minimal, and as my right hon. Friend the Environment Secretary has said, we can do better. We have made it clear that we intend to retain, and indeed enhance, our existing standards of animal welfare once we leave. This Bill will convert the existing body of EU animal welfare law into our law and will make sure the same protections are in place in the UK and that laws still function effectively after we leave.

The purpose of this Bill is not to improve EU laws; it is about providing a functioning statute book. That is why, as the hon. Lady has acknowledged, the Government have now published draft legislation—the Animal Welfare (Sentencing and Recognition of Sentience) Bill—which sets out why we can do it better. It is a significant improvement on article 13; it will impose a clear duty on the state to have regard for animal welfare when considering all policies, rather than just the six areas in article 13.

I also say to the hon. Lady that it is open to public consultation and we have to respect the views of thousands of members of the public who will be coming forward and making—[Interruption.] The hon. Lady believes in open and public consultation and democracy, and that is why we are doing what we are doing. [Interruption.] It ill behoves the hon. Lady to assume that my party somehow lies on a lower moral plain when it comes to issues of animal welfare. We share the passion and commitment to animal welfare that she professes and I know many other Members in this House do—I look to the hon. Member for Bristol East (Kerry McCarthy) as a shining example. We want to hear from the public and their view about it, and we want to get it right in domestic legislation, which is the right place for it.

There is much I could say about the wonderful, if small, British overseas territory of Anguilla. Having visited it myself in a ministerial capacity, I was very grateful to the hon. Member for Ilford South (Mike Gapes) for his description. We are very conscious not only of the importance of Anguilla, its people and its economy, but the need to make sure that the concerns of the Anguillan Government are considered and the rights people have in Anguilla, which are exactly the same as those of UK nationals, are preserved after we leave the EU. We will make sure that that situation will not change.

The debate on the charter has been an important one. It has been a further stage in the way in which we have looked carefully at the Bill. The Government remain open and we are listening to all views on how we can get this right. I am sure that, as the Bill makes its way into another place, the deliberations of this House will have done much to enhance the quality not only of the Bill but of our democracy itself.

[Kerry McCarthy]

I thank the Minister for praising me as a shining example on animal welfare, but that does not quite make up for my disappointment that he has failed to address the issues in my amendments. I therefore seek to press amendment 57 to a vote.

Oral Answers to Questions

Debate between Robert Buckland and Kerry McCarthy

Tuesday 18th November 2014 Commons Chamber

[The Solicitor-General]

I do not have the specific figures, but I know from a recent report from Her Majesty’s Crown Prosecution Service inspectorate that there have been examples of best practice in the north-west and the north-east. Those examples could be followed by other CPS areas to help to increase the number of prosecutions.

[Kerry McCarthy (Bristol East) (Lab)]

4. What recent assessment he has made of how effectively police and prosecutors co-operate in securing convictions of perpetrators of child abuse.