15 Robert Courts debates involving the Ministry of Justice

Tue 2nd Jul 2019
Mon 4th Mar 2019
Wed 23rd Jan 2019
Tue 11th Sep 2018
Civil Liability Bill [ Lords ] (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons
Tue 11th Sep 2018
Civil Liability Bill [ Lords ] (Second sitting)
Public Bill Committees

Committee Debate: 2nd sitting: House of Commons
Fri 6th Jul 2018
Prisons (Interference with Wireless Telegraphy) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons

Oral Answers to Questions

Robert Courts Excerpts
Tuesday 9th July 2019

(5 years, 5 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

The hon. Lady raises a very interesting point. While I think it would be invidious of me to comment on a particular case, I can see the force of her point. That is quite clearly a very serious assault and there are aggravating features in there, which make it particularly distressing for the worker involved. As I said, a lot of important work is going on with regard to body-worn cameras and we need the roll-out of PAVA spray to help protect prison officers who, let us face it, are doing such an important job that is all too often unheralded.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

The use of psychoactive substances is regrettably on the rise in prisons and has an effect on behaviour. What are the Government doing to tackle that?

Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

My hon. Friend raises an important point. Indeed, the service has started research on the effects on prison staff of second-hand exposure to psychoactive substances, in particular across 10 prisons. That testing programme will be extended. We have also established a drugs taskforce, because the best way to deal with the risk is to minimise the use of drugs in prisons. That is a tough challenge, but one that the whole service is working towards.

Divorce, Dissolution and Separation Bill (First sitting)

Robert Courts Excerpts
None Portrait The Chair
- Hansard -

Q Do you have anything to add?

Mandip Ghai: I agree with that. Lots of research shows that it is harmful for children to live in a family in which there is domestic abuse, so anything that helps survivors of domestic abuse to separate and leave that situation would prevent any further harm to children, caused by witnessing domestic abuse.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

Q Professor Trinder, I just want to pick up a point that you mentioned about international research and evidence from countries with similar legal jurisdictions as to whether no-fault divorce leads to an increase in divorce. You mentioned the United States, but what is there in New Zealand, Canada and Australia, in particular? Can you help us with that?

Professor Trinder: Most of the research exploring the relationship between divorce rates and divorce law has been from North America and Europe. I cannot think of anything from Australia and New Zealand, but their approach has been—

Robert Courts Portrait Robert Courts
- Hansard - -

Q So is there an absence of research from countries with similar legal jurisdictions? The United States is similar, but it is not that close. The closest are the ones that I have mentioned.

Professor Trinder: In the United States, each state has completely different laws. Australia and New Zealand are different in that they have had separation divorce. In Australia, the only ground is a one-year separation, which has been in place since 1967. We did a comparative study as part of the research and really struggled to find Australian and New Zealand respondents, academics or experts, because there is just no research on the grounds for divorce. It is just not an issue because the reform took place so long ago and that is just how things are.

Robert Courts Portrait Robert Courts
- Hansard - -

Q How do their divorce rates compare with ours?

Professor Trinder: They are very similar. It is also worth noting that the divorce rate between England, Wales and Scotland is almost identical, yet we have 60% fault, while Scotland has 6% to 7%. Fault is not influencing the divorce rate at all. That makes sense because divorces are granted in England and Wales and, with the exception of Mrs Owens, fault is not a barrier at all.

Melanie Onn Portrait Melanie Onn
- Hansard - - - Excerpts

Q Mrs Owens’ case brought this to prominence in recent years. How many other such cases have there been that I may have missed?

Professor Trinder: It is extremely unusual. About 2% of divorces in England and Wales intend to defend. Most of those cannot actually continue with that, and only about a dozen out of 100,000 cases go to a fully contested trial each year. Owens is the only case that we are aware of in the last two decades in which the decree has been refused. We also looked at defended cases and had a sample of 74, and none of those were upheld. It is worth noting that in those defended cases, most of them were not defences of the marriage. It was not somebody saying, “No, I don’t believe that my marriage has broken down.” Mostly, they were triggered by the law itself. People were objecting to the allegations of behaviour made against them, including what appear to be perpetrators who defended allegations of quite serious domestic abuse. Because the court tries to settle cases, rather than go to a fully contested hearing, what happened typically was that the particulars were stripped out, so the line went through references to very serious assaults and they were removed from the particulars.

Oral Answers to Questions

Robert Courts Excerpts
Tuesday 23rd April 2019

(5 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

The hon. Lady raises an important and sensitive point, and I would be happy to meet her to discuss the issue.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

Education is at the very heart of rehabilitation. What are Ministers doing to ensure that people have access to education and the jobs they need when they leave prison?

Rory Stewart Portrait Rory Stewart
- Hansard - - - Excerpts

The big change that has been introduced by my right hon. Friend the Secretary of State is to ensure that education in prison is linked to employment. This involves talking to the local job market, ensuring that we provide the skills that match that market and, above all, ensuring that we have safe, decent prisons so that we can remove the prisoners from their cells and into work and education so that we can get them into jobs. That reduces reoffending by an average of 7%.

Disclosure of Youth Criminal Records

Robert Courts Excerpts
Thursday 28th March 2019

(5 years, 8 months ago)

Westminster Hall
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Robert Neill Portrait Robert Neill
- Hansard - - - Excerpts

That is, again, an entirely fair and perceptive point, and it is quite true. One of the other issues that we have not yet touched on, but that I hope we will in the course of the debate, is the way that the system no longer reflects modern technology and the ability to Google to find out other things about people. None of that was there when this scheme was set in place. Surely the objective is to be proportionate and to be relevant, but that is not the case at the moment.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

I am grateful to my hon. Friend for this impactful debate. He has mentioned the impact of new technology, particularly Google, and it is a matter for great concern that everything that has happened in an individual’s past is stored in perpetuity on the internet. Does he agree that the fact that information is easily available for so long can render the Rehabilitation of Offenders Act 1974 essentially toothless, and that that is something we ought to look further at in this place?

Robert Neill Portrait Robert Neill
- Hansard - - - Excerpts

Again, my hon. Friend raises a fair point—it is not the immediate subject of our inquiry, but it is a good point. Perhaps, in our joint work on the Select Committee, that is something we could look at taking forward, because there is no doubt that that legislation has also failed to keep in touch with changes in science and technology.

Privatised Probation System

Robert Courts Excerpts
Monday 4th March 2019

(5 years, 9 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Rory Stewart Portrait Rory Stewart
- Hansard - - - Excerpts

First, I pay tribute to the hon. Gentleman for the work he has done on acquired brain injury. As the House will be aware, he has argued very strongly that brain injury frequently suffered as early as childhood can have a long-lasting effect, particularly on behaviour, and contribute to reoffending. The major question is about getting the right relationship with the NHS. The Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), is leading some interesting work, drawing on some of the extra funding now available to the NHS, to make sure we have the right programmes in the community, not just on acquired brain injury but on everything stretching from mental health issues to addiction services provided by the local authority.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

Does the Minister agree that, although CRCs need to improve and perform better, we need to focus on reducing the rate of reoffending, which is what we are seeing, and not on ideological concerns about how a service is provided?

Rory Stewart Portrait Rory Stewart
- Hansard - - - Excerpts

That is absolutely right. The key thing is learning what works and how to do it in a way that works for the Government budget. We are increasingly learning that although it is about treatment programmes, it is also about housing, getting people into employment and dealing with addiction issues. Getting all of this properly integrated from within the prison out into the community will be the key. That is how we will protect the public.

Courts IT System

Robert Courts Excerpts
Wednesday 23rd January 2019

(5 years, 10 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

The hon. Gentleman makes an important point. In fact, there were two separate incidents in relation to the HMCTS-MOJ site: one that occurred on Tuesday night, which was fixed by the weekend; and a separate incident that occurred on Sunday, which we are continuing to work through. The issue he identifies in relation to the secure system is, again, separate and unrelated. Some 75,000 people were affected by that, which is only 12.5%. By Monday, we had restored user access to 40,000 of those people. We restored access to the remainder on Tuesday, and we have dealt with the issue. I hope people will identify that issues are occurring, and HMCTS is working through the night to resolve these issues. As I have mentioned, we hope that they will be fully resolved by tomorrow morning.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

I, too, declare my interest as a member of the Bar and one who well remembers the frustrations caused by the legacy system. Will my hon. and learned Friend reassure me that her teams are working around the clock to make sure that all court users have access to the reliable IT system they need?

Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

I can give my hon. Friend that assurance. Issues have arisen, but HMCTS staff have been working around the clock to resolve them. They have been working extremely hard, and I would like to thank them for that work. Issues have arisen, but we have attempted to resolve them as quickly as possible.

Oral Answers to Questions

Robert Courts Excerpts
Tuesday 9th October 2018

(6 years, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Rory Stewart Portrait Rory Stewart
- Hansard - - - Excerpts

This is a serious issue, not only in England but in the devolved Administrations such as Scotland, where I saw very high levels of methadone prescription. I am happy to sit down with the hon. Lady to discuss the subject in more detail.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

What assurances can the Minister provide that the services provided by community rehabilitation companies are robustly monitored?

Rory Stewart Portrait Rory Stewart
- Hansard - - - Excerpts

The best guarantee that these companies are performing is the action of Parliament and of the chief inspector of probation, to whom I pay tribute for her series of hard-hitting reports, most recently on domestic violence. As the Secretary of State has pointed out, we have seen a 2% reduction in reoffending. That has been driven by these companies and is to be welcomed, but there is of course much more to be done to protect the public.

Civil Liability Bill [ Lords ] (First sitting)

Robert Courts Excerpts
Committee Debate: 1st sitting: House of Commons
Tuesday 11th September 2018

(6 years, 3 months ago)

Public Bill Committees
Read Full debate Civil Liability Act 2018 View all Civil Liability Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 11 September 2018 - (11 Sep 2018)
Jo Stevens Portrait Jo Stevens (Cardiff Central) (Lab)
- Hansard - - - Excerpts

On a point of order, Mr Stringer. It is a pleasure to serve under your chairmanship. I refer the Committee to my entry in the Register of Members’ Financial Interests. My partner is a solicitor and a chief executive of a personal injury law firm, which is relevant to the matters under consideration.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

Further to that point of order, Mr Stringer. I would like to make a similar declaration, because I used to practise as a personal injury barrister.

Gloria De Piero Portrait Gloria De Piero (Ashfield) (Lab)
- Hansard - - - Excerpts

Further to that point of order, Mr Stringer. I declare the advice that I have received from Thompsons Solicitors, which will be entered in the register.

--- Later in debate ---
Rory Stewart Portrait Rory Stewart
- Hansard - - - Excerpts

I absolutely agree. It is very important to keep reminding the House that we are focusing on general damages, not special damages. In other words, we are focusing on what ultimately must be a difficult, subjective judgment about the level of pain that an individual experiences, and not loss of earnings or other forms of treatment.

Robert Courts Portrait Robert Courts
- Hansard - -

I repeat my declaration that I practised in this area until I was elected two years ago, and I remain a door tenant at my chambers. Having practised in this area for more than 10 years, I too have experience. Does the Minister accept that there is a danger that the Committee is confusing two issues? According to the guidance notes, the manifesto gave a commitment to

“reduce insurance costs for ordinary motorists by tackling the continuing high number and cost of whiplash claims.”

This is not solely about fraud. It is also about perfectly genuine claims where the costs have become very expensive. Are the Government seeking to provide redress for those who have been injured, but to do so in a cost-proportionate manner?

Rory Stewart Portrait Rory Stewart
- Hansard - - - Excerpts

Fundamental to decisions that the Ministry of Justice has to make under any Government is the need to think seriously about balancing different types of interest—in this case the interests of the claimant, the third party and the taxpayer, as well as those of road users and people who take out motor insurance. It is therefore appropriate for us to question the overall cost of the system, and—particularly for motorists in rural areas—the fact that the premium could be as much as £35 a year extra, and considerably more for a young driver, because of the hundreds of thousands of people each year who make whiplash claims.

Civil Liability Bill [ Lords ] (Second sitting)

Robert Courts Excerpts
Committee Debate: 2nd sitting: House of Commons
Tuesday 11th September 2018

(6 years, 3 months ago)

Public Bill Committees
Read Full debate Civil Liability Act 2018 View all Civil Liability Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 11 September 2018 - (11 Sep 2018)
Rory Stewart Portrait Rory Stewart
- Hansard - - - Excerpts

Relatively rapidly, I would say that we have five types of disagreement with the amendments. Broadly speaking, those are political, philosophical, economic, financial and constitutional. The political disagreement is that the amendment would go to the heart of the Bill. The entire concept of the Bill is to try to effect a change in the current practice and process around whiplash claims by moving the claim limit to £5,000. That is part of the entire package—the tariffs and small claims limits are related to that.

Philosophically and fundamentally, we are not arguing that the shift to £5,000 is fundamentally a question of inflation. There are many other reasons why the small claims limit has been moved in the past. Indeed, in relation to some types of claim, as you will be aware Sir Henry, as one of our learned friends, some of the claims have been moved to £10,000, which goes a long way beyond inflation.

Largely, the driver of whether or not something is on a small claims track is to do with the nature of the claim, not the nature of inflation. However, if we worked on the narrow question of inflation, the Judicial College guidelines are currently on RPI as opposed to CPI. I respect the arguments that the hon. Member for Ashfield made but that is not the fundamental argument the Government are making.

The amendment would have curious financial implications. It would create a strange syncopated rhythm, whereby movements in CPI are not necessarily reflected in the triennial review except in £500 increments which, over time, mathematically will lead to peculiar results.

The fundamental reason we oppose the amendment is the final argument I mentioned, which is constitutional. This is business for the Civil Procedure Rule Committee, as it always has been, and it is not suitable to put in the Bill. On the basis of those political, philosophical, economic, financial and constitutional arguments, I respectfully request that the amendments be withdrawn.

Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

I want to make a few brief comments. I entirely understand the force of the comments made. As someone who started his practice in the small claims court before progressing to other courts, I have seen how they work. I have a couple of pertinent points—the Minister alluded to the first. For some very complicated cases, particularly commercial ones, there are already limits of £10,000. As other Members who have practised will realise, the fact that someone is in a small claims court and not represented does not mean that they are completely unassisted. The district judges who hear those claims are solicitors or barristers and are extremely competent and experienced in their own right. Therefore, there is every reason to believe that they will be able to hear those claims, which will have justice as their case is heard.

Jo Stevens Portrait Jo Stevens
- Hansard - - - Excerpts

I take the hon. Gentleman’s point but judges are not there to represent in that case, whereas a solicitor would be there to represent. Does he agree that he is comparing apples with pears?

Robert Courts Portrait Robert Courts
- Hansard - -

The hon. Lady is absolutely right. I know she has a long history of practising, as do I. That is, of course, absolutely correct, but it does not mean that they are simply left to sink or swim on their own. I have seen countless cases in my practice where a district judge, although not representing someone, clearly points out arguments that may wish to be made. District judges frequently bend over backwards to ensure that the correct points are made by claimants. Although that is true and I accept the force of the hon. Lady’s point, I suggest that the overall thrust of enabling justice, but at a reasonable and proportionate cost, is being addressed.

Ellie Reeves Portrait Ellie Reeves
- Hansard - - - Excerpts

Is it not the fact that district judges increasingly have to assist litigants in person when people cannot get legal representation, and that that is putting a huge burden on the courts and district judges? That is not their role but they are increasingly having to do that, which puts an extra burden on them and increases court costs.

Robert Courts Portrait Robert Courts
- Hansard - -

The hon. Lady makes an excellent point. Clearly, cases where judges have to assist claimants are likely to take longer. However, this comes down to ensuring that claimants in cases at the lower end of the scale—I do not for a moment downplay the seriousness of people having been hurt in this way—can be heard at proportionate cost, and that the court’s resources, particularly for the payment of costs, go to cases at the higher end. Ultimately, the costs burden is what denies access to justice.

Ruth George Portrait Ruth George
- Hansard - - - Excerpts

Is it not the case that the district judges set out in their response to the Government consultation back in 2015 that courts would become clogged with litigants in person if this change were made? It simply will not be possible for district judges to support those litigants given the number of claims. Have Government Members read that powerful submission and listened to the arguments of those judges?

Robert Courts Portrait Robert Courts
- Hansard - -

Although I understand the arguments made by district judges, I have faith in their ability to deal with cases efficiently, because I have seen that happen so often. In an ideal world, I would of course prefer everyone to be legally represented. That would be more efficient and would mean that people had someone to argue for them. However, it is not practical within the costs regime under which we live.

Ruth George Portrait Ruth George
- Hansard - - - Excerpts

I spent more than 20 years working for the Union of Shop, Distributive and Allied Workers. In many claims involving road traffic accidents and workplace injuries, claimants were referred by their union to a solicitor who gave them the support they needed to bring a case. As the hon. Gentleman set out, lawyers are experienced and often give claimants the advice they need about whether they can take a claim forward or whether that is not worth doing, and therefore protect district judges and the court system. Projections show that there will be an extra 36,000 cases a year in the small claims court. With the best will in the world, district judges, who are already struggling, will not be able to cope with that additional workload. That is what the district judges themselves said in response to the consultation. [Interruption.] They said it whether the Minister chooses to shake his head or not.

Many younger claimants and those who do not have experience of dealing with the legal system will find it much harder to bring a case themselves. This is not just a question of compensation up to the level we are discussing for minor cases. We have debated the figure for general damages but, as the Minister said, there are exceptional circumstances payments and compensation for loss of wages on the back of that, so an individual’s total claim may be much higher than the limit on small claims. I note that even someone with a claim for a whiplash injury that lasted up to two years will fall under the £5,000 small claims limit. Even someone who suffered an injury that prevented them from working for two years will not be able to take their case to the general court, but will have to represent themselves in the small claims court. The associated loss of wages may have a huge impact on their life and wellbeing.

I hope the Minister looks again at this measure, which will severely disadvantage people who are not able to take claims through themselves. People often need a lawyer to support them. That would make the system more efficient and effective, and that is what we argue for.

Question put, That the clause be read a Second time.

Prisons (Interference with Wireless Telegraphy) Bill

Robert Courts Excerpts
3rd reading: House of Commons & Report stage: House of Commons
Friday 6th July 2018

(6 years, 5 months ago)

Commons Chamber
Read Full debate Prisons (Interference with Wireless Telegraphy) Act 2018 View all Prisons (Interference with Wireless Telegraphy) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts
Robert Courts Portrait Robert Courts (Witney) (Con)
- Hansard - -

It is a great honour to speak on this timely Bill, as we bring the law up to speed with emerging technologies, which present so much of a challenge to prison governors and warders as they go about their business.

It is also a great pleasure to follow my hon. Friend the Member for Torbay (Kevin Foster), and I am delighted he was able to make his speech without being harassed by a mobile phone, as he was on Second Reading—the timing of that interruption was extraordinary and is perhaps never to be beaten in the annals of Hansard. I also pay tribute to my hon. Friend the Member for Lewes (Maria Caulfield) for her calm, cool, thoughtful and detailed stewardship of the Bill.

I welcome the Bill, and I am delighted it is one that the Government support. As I have mentioned, this is a necessary Bill. I practised at the Bar before coming to serve in this place. As anyone who has worked at the criminal Bar will realise, mobile phone use in prison is now a serious problem. It is beyond a curious fact and it is beyond a joke. There is no suggestion that mobile phones are not available in prisons, because they are. Frankly, they are a form of currency and they are in daily use.

People in prison can do an extraordinary amount of things with a mobile phone. A number of Members have mentioned those things and, in some ways, we should get away from calling them mobile phones, because the time will come in the not-too-distant future when the extraordinarily capable devices we have in our pockets will replace desktop computers. We will be able simply to plug it in, and everything we do from a computing perspective will be carried around on this very small device.

These devices can be used to make calls, certainly, but that is by no means the only thing they can do. They can do everything from secure, encrypted instant messaging through to word processing and controlling things. So we now live in a world in which people can control the lights in their home on a device that they carry around in their pocket. It does not take a great deal of imagination to realise that if someone is able to do that, they can do other things as well. Phones are now integrated with the systems of some cars. This world presents extraordinary difficulties for prison governors.

As someone who has practised at the criminal Bar for years, I know there is no longer a suggestion that going into prison presents any more than a nuisance to someone seeking to continue carrying out what they see as their business—their criminal activities. As has been said, some Members use their phones in the Chamber—I can reassure their constituents that they are working. They are dealing with emails, reading briefing papers and responding to what constituents have written to them. If they can carry on their business inside the Chamber, it is fanciful to think that if prisoners are given access to devices and the technology to communicate, they will not be able to continue with their criminal activities. They clearly will be able to—

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

Does my hon. Friend agree that we talk about these things as phones, but in reality we are talking about a computer system that can make calls?

Robert Courts Portrait Robert Courts
- Hansard - -

I could not agree more. When the iPad was first introduced it was described as being a large iPhone that cannot make calls. We are almost now dealing with the reverse of that: a computer that just happens to make calls. Increasingly, that is a by-product that is not needed, because people might communicate by text message or WhatsApp—people can do absolutely everything. I recall thinking years ago, as basic phones started to include things such as photos and syncing with computers, that it would not be very long before that small device replaced everything else—we are well on the way to that now.

Jeremy Quin Portrait Jeremy Quin
- Hansard - - - Excerpts

My hon. Friend the Member for Havant (Alan Mak) alluded to the fact that people can use phones to take videos and smuggle them out of the prison system over the airwaves. That is dangerous to the discipline inside prisons. It makes it difficult for governors. Does my hon. Friend the Member for Witney (Robert Courts) share my concern on that facet, in particular?

Robert Courts Portrait Robert Courts
- Hansard - -

I am grateful to my hon. Friend for raising that point and I entirely share his concern on discipline. I was about to mention photographs and a point that brings the one he made into sharp relief. When we first had phones with cameras on, the photographs were grainy and did not really show anything; they were not helpful as photographs. We now have extraordinary camera abilities with high-definition video. When those things are able to be operated from within a prison, people could photograph or video a prison officer and then harass them by sending that to someone who is outside. The prisoner could show exactly who that prison officer is, in order to humiliate them or blackmail them. That is a very serious problem.

It is also a serious problem that people can record something that is taking place in a prison. Another example of the obvious need for the Bill is that a prisoner can ring a contact on the outside and arrange for the delivery of drugs or other contraband, but this goes far, far beyond that. These extraordinary small devices provide the ability to run an entire business operation and those inside prisons have the ability to carry out an entire criminal operation. That has serious corrosive effects on the ability of prison officers to maintain discipline and to protect the public, as hon. Members have suggested.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

Does my hon. Friend share my concern that not only do people have this ability to communicate, but that is now combined with what was once military-grade encryption technology? I alluded to that in my speech. Does he share my concern that it is bringing a whole new angle to this area?

Robert Courts Portrait Robert Courts
- Hansard - -

Yes, my hon. Friend is absolutely right about that. The ability to load software such as virtual private network software on to a telephone, to use WhatsApp, which is encrypted, and to communicate with people anywhere in the world while being able to disguise one’s own identity and geographical position presents enormous challenges for those who are trying to make sure that prison is a disciplined place that protects the public from the activities of those within it.

It is extraordinary that going to prison is really only a nuisance, and that if people have access to the right technology, they can carry on from inside prison in exactly the same way as they carried on outside, with only minor inconvenience. We should not allow that. We can see from the statistics—13,000 phones were seized in 2016, going up to 23,000 in 2017, as my hon. Friend the Member for Lewes said, with 7,000 SIM cards seized—that this is a real and pressing problem that we have to deal with now.

Why do we need this change to the law? Essentially, the existing law, as I understand it, enables governors to interfere with specific devices, but we are always playing catch-up. We do not know what technological advances are likely to come in future; we simply know that they will come, and we need to be in a position to address them as and when they arise.

Let me address briefly some of the objections to the Bill that are germane to some of the issues we have been discussing. Having practised at the Bar, I am particularly sensitive to some of them. My hon. Friend the Member for Banbury (Victoria Prentis) mentioned the important rehabilitative aspect of communication, but it is important that we see communication between prisoners and their families as distinct from their having mobile phones; the two are not the same thing. Prison must, of course, be a punishment and it must protect the public, but having represented people over the years, I have seen countless examples of people who go into prison, meet people and learn more criminal skills there, and come out and continue their criminal activity.

Alex Burghart Portrait Alex Burghart
- Hansard - - - Excerpts

On families staying in touch when a family member is behind bars, does my hon. Friend agree that it is extremely important to maintain personal, physical contact? Being able to make weekly or daily calls is great, but it is hugely important for people to spend physical time with their child, and too often that is not available.

--- Later in debate ---
Robert Courts Portrait Robert Courts
- Hansard - -

Yes, and I am grateful to my hon. Friend for raising that point. He has great expertise from his background at the Centre for Social Justice and is well placed to comment on that. I could not agree more. It is critical that prisoners are able to remain in contact with their family members and loved ones, and not just through calls. It is not simply a matter of providing telephony services. We need only look at the statistics: as I understand it, people are 39% less likely to reoffend if they maintain regular contact with their family members. The reoffending rate is around 50% within a year, so it is clear that we must address that, however we look at the criminal justice system.

Jeremy Quin Portrait Jeremy Quin
- Hansard - - - Excerpts

Given my hon. Friend’s work at the criminal Bar prior to entering this place, he has a lot of experience of this issue. In response to the intervention from my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), he referred to the need for regular prison visits so that prisoners can see their families in a physical context, and I totally agree with all that, but as much as we would all like to see it there are many cases in which that becomes incredibly difficult to achieve, including because of the geography—where prisons are. Therefore, properly handled telephone connectivity is incredibly important. I may refer to this if I catch Madam Deputy Speaker’s eye and am given a chance to speak, but the costs, which can be up to half the prisoner’s wage for a 10-minute call to a mobile phone, are prohibitive. As my hon. Friend the Member for Lewes (Maria Caulfield) said, that needs to be addressed.

Robert Courts Portrait Robert Courts
- Hansard - -

My hon. Friend is absolutely right. The cost of calls in prisons is certainly being addressed. My hon. Friend the Member for Lewes mentioned that, and I have no doubt that the Minister will, too, in due course, because the Government have undertaken that work.

I have raised all these points because we must distinguish between the need for communication, which we must have, and the having of mobile phones, which is not terribly helpful. Communication is required partly because we must reduce the reoffending rate—although I do not want to sound managerial—but also simply from the point of view of humanity. Yes, prisons are a punishment, but they must be humane. Say somebody has committed a crime that means they have to go to prison, but they are a single mother and there are children involved. Anybody who has represented someone who has that double heartbreak will realise that there must be a way to make sure, although we accept that they have to go to prison because they have to atone for what they have done, that families maintain contact with each other. A mother who is in prison should be able to make contact with her children outside, lest the children start to follow down the same road, which causes me great concern. We must improve the access to telephony which is permitted—I know that the Minister will talk to that in due course as well as prison visits.

I wish to make one or two more points before I resume my seat. A concern has been raised about co-opting private companies to assist the state. An Act of Parliament will be enacted. The Secretary of State will be making the regulations. It is important to remember that, as that provides the reassurance. The reason it is helpful that the technological burden is pushed to the providers rather than sitting with the prison governors is that it means that they are actively involved. That will help with the technological increases that we know will come in the years ahead, which means that we will not always be playing catch-up as technology advances.

My final point is about the understandable concern of residents who live near prisons that their service may be affected. If the companies that provide the services are involved, they will be involved in providing any solutions to any unintentional disruption in the much needed communication service for those who live outside.

I am very grateful to you, Madam Deputy Speaker, for giving me the time to speak. I welcome this Bill and I look forward to its further progress.