Oral Answers to Questions

Rosie Cooper Excerpts

Tuesday 3rd November 2020 Commons Chamber

[Lucy Frazer]

I am very grateful to the hon. Lady for raising this important and tragic case. She has written to me about it, and I hope that she has had the content of my letter back. I know that the service has already apologised to her constituent, and I apologise on its behalf, for not contacting her before the referral to open conditions. The victim liaison officer has made the offender manager aware of conditions that should be imposed on any release on temporary licence and so those will be taken into account should there be any ROTL granted. I am happy to continue to discuss this case with the hon. Lady at any opportune moment.

[Rosie Cooper (West Lancashire) (Lab)]

What lessons his Department has learned from the (a) implementation and (b) effect of the covid-19 lockdown in prisons.

[The Minister of State, Ministry of Justice (Lucy Frazer)]

In March, we faced 2,500 to 3,500 deaths in our prisons, according to Public Health England’s worst-case scenario, and we took decisive action to implement national restrictions to protect our staff, prisoners and the NHS. As the pandemic continues, and in line with the overall Government position, we have now developed a more localised approach, which allows governors to operate regimes that are proportionate to the risk in their local area. Throughout the pandemic, we have continued to recognise the importance of prisoners’ wellbeing and mental health, and we have responded accordingly. We will be thinking again in line with the new national restrictions that will be imposed on Thursday.

[Rosie Cooper [V]]

Given the likelihood that prisoners will continue to suffer extreme restrictions, resulting in possible damage to mental health, for the whole of this winter and beyond, will the Minister guarantee that additional phone credit for prisoners and free access to video calls for families will continue for the duration of the pandemic?

[Lucy Frazer]

I am grateful to the hon. Lady for highlighting the measures we put in place during the last wave; as I said, we are very conscious of the impact on reduced liberties in prison. We did make available 1,200 handsets and £5 extra phone credit, and, as she mentioned, we rolled out video calling. Of course, we will continue to consider whether those are appropriate in the next phase of this pandemic.

Dangerous Driving

Rosie Cooper Excerpts

Monday 8th July 2019 Westminster Hall

[Ms Rimmer]

I thank my hon. Friend for saying that.

The current laws on sentencing for dangerous driving are simply not good enough. We need to equip our judges with sentencing guidelines that enable them to provide that key tenet of our judicial system: justice. The Youens actually praised the judge and said his hands were tied. I am sure some will say, “What constitutes dangerous driving? What if I sneeze and lose control of my vehicle? Will I now face those increased sentences?” My simple answer is no. We are talking about giving judges the option through Sentencing Council guidelines to issue a higher sentence where they deem it to be just. A judge will consider all the evidence provided to them and pass a sentence appropriate to the crime committed, whether it be the minimum or the maximum sentence in the guidelines, as with any other crime. I and many others are arguing that the maximum sentence that a judge can issue for dangerous driving is far too low.

For gross negligence manslaughter, judges have the option to issue life as the maximum sentence, with a range of sentencing options below it—one to 18 years. I do not see why dangerous driving should have a lower maximum sentence than gross negligence manslaughter. Both involve a disregard for the lives of others, and as we see too often, both can lead to the death of innocent people. An individual’s direct, reckless and callous actions can lead to the death of another. Stealing a car and driving 83 mph in a 30 mph zone can cause life-changing injuries, and the suffering and death of an innocent four-year-old child. How can we not give our judges the option to deliver a sentence at least on a par with gross negligence manslaughter for dangerous driving?

Another issue that I wish to raise on behalf of Rebecca and Glenn, and that I believe falls within the scope of this debate, is concurrent sentencing. Rebecca, Glenn and many others think it is unacceptable that criminals can serve two sentences at the same time. They describe it as “buy one, get one free”. The crux of this issue is that the current legal system does not adequately explain to victims what is happening, and thus it does not appear to be delivering the justice it is supposed to deliver.

[Rosie Cooper (West Lancashire) (Lab)]

I just cannot imagine the pain that Violet-Grace’s parents feel. As my hon. Friend indicated, two years ago the Government promised to introduce life sentences for death by dangerous driving and create a new offence of causing serious injury by careless driving. Many families across this country—including my constituent Mr Addy from Burscough, whose daughter was mown down in 2016 by a driver who received a fine of £500 and no jail sentence—are waiting for that promise to become law. Does my hon. Friend agree that we need not only appropriate punishment but effective deterrents for dangerous and careless driving, excessive speeding and reckless joyriding? We need it now; everyone has waited long enough.

[Ms Rimmer]

I accept what my hon. Friend says; people are feeling that.

I call on the Minister to explain to my constituents why concurrent sentences are used, and to investigate how our judicial system explains its practices to victims. I and others are not calling for a knee-jerk change to the law. We are arguing not for punishment for the sake of punishment, but merely for a sentence that fits the crime that has been committed. We are under no illusions about the impact that the change would have on preventing dangerous driving. Changing the sentencing for dangerous driving may only deter a few people from driving dangerously, but those few people changing their behaviour could save lives like Violet-Grace’s. If it saves more lives, surely it is worth it. It will also send a clear message to those who might consider driving dangerously that we as a society see it as morally abhorrent.

Some may not change their behaviour and may cause death by dangerous driving, but by changing the sentencing guidelines we will finally deliver justice for families such as the Youens and others who are affected by such recklessness. It cannot be acceptable that individuals such as those who struck down Violet-Grace and tore open the Youen family can serve sentences shorter than the time she was alive. They have sentenced Rebecca, Glenn and Violet-Grace’s little brother Oliver to a life of grief, and denied them the joys of watching her grow up and experiencing the joyous occasions and events that a maturing daughter gives to a family. That loss can never be repaid in this life.

In October 2017, the Government pledged to increase sentencing for death by dangerous driving to life, but we have not seen any meaningful movement on that issue in nearly two years. I therefore call on the Minister to set his civil servants to the task of getting the laws on dangerous driving changed. That gap in our legislation and our justice system must be filled sooner, rather than later.

I understand that issues such as Brexit put a strain on Departments and Parliament, but we must not allow this vital issue to be lost in the miasma of current politics. Rebecca and Glenn want the change in the law to be made properly and as quickly as possible. The Government have a duty to get it done. The longer we leave it, the longer our judicial system will fail to deliver the justice that the Youens and the other families we met today deserve. Although we can never heal the wound that has been opened, we must improve justice for victims and survivors and show that we care for them.

Oral Answers to Questions

Rosie Cooper Excerpts

Tuesday 13th November 2018 Commons Chamber

[Mr Gauke]

I pay tribute to my hon. Friend for his work on the Homelessness Reduction Act. It is right that local authorities and prison governors work closely together to make sure that we provide that accommodation. There are three factors that help to bring down reoffending: ensuring that an offender gets a job, has accommodation—a roof over their head—and maintains family ties. If we can pursue all those, we will help to bring down reoffending.

[Rosie Cooper (West Lancashire) (Lab)]

T7. In the light of yet another stabbing at the weekend in Skelmersdale, and having heard the Secretary of State’s response to my hon. Friend the Member for Kingston upon Hull East (Karl Turner), will the right hon. Gentleman indicate whether he is satisfied that the penalties for knife crime and for those convicted of illegally carrying a knife are adequate and effective, especially as a deterrent?

[Mr Gauke]

As I have already set out, we are seeing more people going to prison and custodial sentences are increasing for these offences following the change in the law. On the question of deterrence, this is in part about sentencing, and these are clearly serious offences, but there are other factors when it comes to the deterrent effect; it is not just about sentences. We have to bear that in mind as well.

Oral Answers to Questions

Rosie Cooper Excerpts

Tuesday 23rd January 2018 Commons Chamber

[Mr Gauke]

My hon. Friend has been tireless on this matter in recent weeks. The precise conditions are operational matters that are decided at operational level, but let me reassure him that nearly a fortnight ago I wrote to the relevant authorities and stressed the need to ensure that the concerns of victims are at the heart of the process and that the most stringent conditions are applied.

[Rosie Cooper (West Lancashire) (Lab)]

7. What recent assessment he has made of the condition of prisoners’ accommodation at HMP Liverpool.

[The Minister of State, Ministry of Justice (Rory Stewart)]

I visited Liverpool prison yesterday. The inspector’s report was genuinely disturbing, and of course that is reflected on the ground. There are some very good prison officers working there, but unfortunately the conditions are really shocking, particularly basic sanitation, with piles of garbage. We now have a new governor in place, millions of pounds are going into the infrastructure, and 172 places have been closed so that we can begin a proper refurbishment and maintenance programme. Most importantly, we must not allow this to happen again.

[Rosie Cooper]

These appalling conditions did not emerge overnight. Who will be held to account locally and nationally for failing to implement the recommendations of the many critical reports about the prison? How in 21st century Britain could this national disgrace be allowed to happen? Lack of adequate healthcare meant that lives were lost. What happened to the regulators and the leadership? Were they being paid while asleep?

[Rory Stewart]

Those are important questions that we will look at closely. We have published an action plan for Liverpool prison. There are two key things we need to do. The first is about leadership. The governor has now been replaced. The second is that we have put in place a new urgent notification process, so if anything like this happens again and inspectors raise it, we will be forced to reply within 28 days. But that is only the beginning, because this requires a complete change in culture that focuses on getting back to basics: cleaning the prison, reducing the violence, reducing the drugs and making sure the healthcare provision is in place.

Oral Answers to Questions

Rosie Cooper Excerpts

Tuesday 6th December 2016 Commons Chamber

[Mr Gyimah]

Yes.

[Rosie Cooper (West Lancashire) (Lab)]

8. What steps she is taking to reduce the number of assaults, incidents of self-harm and deaths in prison.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

We take the safety of prisoners in our jails extremely seriously. It is of paramount importance that they are kept safe and given the opportunity to reform.

[Rosie Cooper]

At the Justice Committee last week, the prisons Minister said in reply to a question regarding the recent escape from Her Majesty’s Prison Pentonville, that the frequency of cell searches was determined locally by the governor. Does he remain satisfied that the coalition decision to end daily cell searches was right, or does he think they might have prevented this escape and limited the use of mobile phones, drugs and weapons?

[Mr Gyimah]

Cell searches are carried out on an intelligence-led basis at establishment level. In addition, we are investing £3 million on a regional and national intelligence network so that we can identify where phones, for example, are being smuggled in to aid criminal activities in our prisons and deal with such situations appropriately.

Oral Answers to Questions

Rosie Cooper Excerpts

Tuesday 17th March 2015 Commons Chamber

[Andrew Selous]

I very much agree with my hon. Friend. We are blessed to have 1,300 charities working in this sector. There are many social enterprises, such as the one he mentions, doing an excellent job. I will definitely try to meet the founders he has mentioned.

[Rosie Cooper (West Lancashire) (Lab)]

T8. What powers does the Ministry of Justice have to enforce UK family court orders, such as child custody, in the Crown dependency of Guernsey? My constituent’s access to his son is being prevented. These are very difficult circumstances. Will the Minister raise this issue with his counterpart?

[The Minister of State, Ministry of Justice (Simon Hughes)]

This is an issue that has exercised a lot of colleagues in the House. We do not have any power to tell other jurisdictions what to do, including in the Channel Islands or the Isle of Man. We have a mechanism of communicating the decisions of our courts to their courts, and we have ways in which the Foreign and Commonwealth Office and others support people in pursuing their rights, but there is no enforcement mechanism in international law. It is left to domestic jurisdictions to make their decisions.

Legal Aid Reform

Rosie Cooper Excerpts

Thursday 27th June 2013 Commons Chamber

[Rosie Cooper (West Lancashire) (Lab)]

I congratulate the hon. Member for Brent Central (Sarah Teather) on enabling Members to debate how the Ministry of Justice is taking a hatchet to the British justice system. There is of course scope to tackle inefficiency within the justice system and to make the necessary changes while ensuring that the core elements of a sound justice system remain in place. Instead, what we see is a slash-and-burn approach to legal aid—I, other hon. Members, legal professionals and constituents have problems with it—that will absolutely rewrite the fundamental principles and values of the modern British justice system. The reforms attack the principles of fairness, justice and, fundamentally, hope.

Local justice has been a foundation stone of this country’s criminal justice system for years. Many small and medium-sized legal firms are the cogs in that local justice machine, alongside the police, magistrates, law courts and the Crown Prosecution Service. They often provide the link between each of those organisations that makes our justice system a strong and comparatively fair one.

Under the proposals, in Lancashire we would see a 70% reduction in legal aid services, which would leave just 14 firms covering a population of over 1 million. It would lead to advice deserts spreading across the country, especially in more rural areas such as West Lancashire. Local firms will be forced to close as they will be unable to compete with the large entities that are entirely commercially driven, which will be the only ones able successfully to bid for contracts. The only incentive for obtaining a contract will be to spend as little as possible on each case and to get them over and done with as quickly as possible, not to see that justice is done. There will undoubtedly be an increase in the number of miscarriages of justice, and righting those wrongs will be very costly.

[Mark Tami (Alyn and Deeside) (Lab)]

My hon. Friend is making an important point. Because of the fixed nature of the contract, there could be a vested interest in a firm getting people to plead guilty.

[Rosie Cooper]

I am sure that is exactly what will happen and that justice will be ill served by the people who support and vote for this awful idea. Has real consideration been given to the issue of conflict? The new legal corporations will reach into every stage of the criminal justice process, motivated by profit, not justice. The removal of a client’s fundamental right to choose their representative is completely unacceptable.

These proposals will cause problems for the justice system, including concerns about the right to a fair trial under article 6 of the European convention on human rights. An individual who is involved in multiple matters might end up with numerous representatives forced to deal with separate matters. That will add to the delay and the costs as there will duplication of effort in obtaining information and instructions, to the detriment of the individual. That is if they are to get legal representation at all. In a big sign of things to come, the Bar Council has already produced a do-it-yourself guide to representing oneself in court.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Does the hon. Lady share my concern that we will see an increase in the number of litigants in person, which, far from driving down costs, will take up more time and add to costs?

[Rosie Cooper]

I absolutely agree. In fact, I think that the hon. Lady will find that that is already happening. How can that aid cost cutting or justice? It is a travesty.

Everything about the consultation strikes me as being about the easy option, not the right option for the people who sent us here or for justice. I believe that the cuts will be a false economy, as we will see increased inefficiency. One wonders how much could be saved if the Justice Secretary simply sorted out the waste in the system. For example, I know of one prisoner who was not produced in court by the Prison Service—it had nothing to do with the CPS—on three occasions, with proceedings stayed and all the associated time and costs wasted. If we tackled that waste, how much money would we save? We would still preserve justice and fairness at the heart of the system.

I wonder whether the Justice Secretary, if his family found themselves unable to afford legal representation—God forbid—would accept the crumbs that he is now throwing to everybody else. In closing, I ask the Minister, who is in his place, whether justice on the cheap is any justice at all.

Oral Answers to Questions

Rosie Cooper Excerpts

Tuesday 13th November 2012 Commons Chamber

[Julie Hilling (Bolton West) (Lab)]

5. What progress he has made on reform of the criminal injuries compensation scheme.

[Rosie Cooper (West Lancashire) (Lab)]

13. What progress he has made on reform of the criminal injuries compensation scheme.

--- Later in debate ---

[Mrs Grant]

Absolutely not. The aim is to provide proper compensation for those who have suffered serious criminal injuries. When the injuries are less serious, prompt, practical victim service provision will be provided, which is what victims say that they need. In addition to that, up to £50 million will be provided for victims from the victim surcharge.

[Rosie Cooper]

In the consultation on the cuts to the criminal injuries compensation scheme, the Ministry of Justice promised to protect payments to the most vulnerable and seriously injured victims of crime. Why, then, will the most severe cuts affecting compensation for loss of earnings fall on more than 1,000 of the most seriously injured victims of crime and on the dependants of murder victims? Have not the innocent victims of crime suffered enough?

[Mrs Grant]

We are of course concerned about all victims. The scheme provides some payment in recognition of loss of earnings, but it was never designed to compensate for a full lifetime’s loss of earnings. Eligible applicants will receive a clear, predictable sum that will supplement other amounts that they may receive from other sources, such as state benefits. Our changes to the scheme should also allow victims to receive payments in a much speedier manner.

--- Later in debate ---

[Chris Grayling]

I am aware of the public concern. My hon. Friend will understand that I cannot comment about an individual case, and of course courts-martial fall under the remit of the Ministry of Defence. However, I would always hope that common sense will lie at the heart of every judicial decision in this country.

[Rosie Cooper (West Lancashire) (Lab)]

Will the Minister give an indication of the cut-off date for claims under the criminal injuries compensation scheme? Victims of crime and their representatives need to know that date. Will it be Friday 23 November? Will it be Monday 26 November?

[Mrs Grant]

It will be 27 November this year.

Oral Answers to Questions

Rosie Cooper Excerpts

Tuesday 13th March 2012 Commons Chamber

[Mr Djanogly]

The efficiency of the courts is being improved because of the closures. We have now closed 130 of the 142 that were on the closure list. In all cases, the closures have gone very well and magistrates have all transferred to local, surrounding courts.

[Rosie Cooper (West Lancashire) (Lab)]

T6. It is clear that the ALS contract is a disaster, but I would like to question the Secretary of State and Ministers about the impact on the deaf community. The resulting poor employment conditions have forced British sign language interpreters into other work, contributing to a trend of recruiting BSL interpreters who may not be fully qualified, which may lead to a miscarriage of justice. What safeguards are in place to ensure that deaf people—a protected group with protected characteristics under the Equality Act 2010—and their officially recognised language, BSL, are afforded proper regard, enabling them to have fair and proper access to justice?

[Mr Blunt]

The hon. Lady is absolutely right, and I undertake to look into any actions that are happening with regard to deaf people. However, there are not necessarily comparisons and precise parallels to be drawn between ordinary language interpreters and translators for the deaf. I will consider her points and come back to her.

Oral Answers to Questions

Rosie Cooper Excerpts

Tuesday 17th May 2011 Commons Chamber

[Chris Evans (Islwyn) (Lab/Co-op)]

7. When he expects to bring forward legislative proposals for the reform of legal aid.

[Rosie Cooper (West Lancashire) (Lab)]

9. When he expects to bring forward legislative proposals for the reform of legal aid.

[Liz Kendall (Leicester West) (Lab)]

12. When he expects to bring forward legislative proposals for the reform of legal aid.

--- Later in debate ---

[Mr Djanogly]

The Government’s position is not to start off with the number of legal aid practitioners. Our starting point is the sort of legal aid system that we should have in this country, which will support vulnerable people. The number of practitioners to service that will follow.

[Rosie Cooper]

Does the Minister believe that there is anything to learn from the Secretaries of State who have been dealing with forestry and health when it comes to rushing through proposals that have been rejected by professionals, the public and coalition Members of both Houses?

[Mr Djanogly]

I think that I answered that question previously. I certainly believe that we have listened and engaged fully.