Draft Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024
Ruth Cadbury Excerpts(2 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Ruth Cadbury (Brentford and Isleworth) (Lab)
It is a pleasure to serve under your chairmanship, Mr Pritchard. I thank the Minister for setting out the purpose and the detail of the draft regulations. As we know, the 2019 Hague convention was signed on behalf of the UK on 12 January this year, following the announcement on 23 November that the UK would join as soon as possible in response to a public consultation that the Government described as positive. The draft regulations will amend the Civil Jurisdiction and Judgments Act 1982 to give the 2019 convention force of law in the UK and to make further provision for the 2019 convention’s operation in the UK.
The Opposition support the draft regulations. We feel that in the post-Brexit era there are clear advantages that being a party to the 2019 judgments convention will bring to the UK. Labour has an iron-clad commitment to the rule of law, and it is upheld by the UK’s legal sector, which is worth £34 billion each year, which is a marvel on the world stage and second only to the United States.
It is welcome and perhaps unsurprising that all respondents to the consultation, from the legal sector to the public sector, thought that the UK should join Hague 2019. Having a uniform set of rules for a wide range of judgments between the UK and other contracting parties can increase confidence in the UK legal system. We agree with the Government’s stated belief that the convention will therefore benefit both businesses and consumers operating and living across borders between the UK and other countries. It will provide assurance that UK judgments in scope will be recognised and enforced by current and future contracting parties to the convention, and vice versa, which in turn will encourage trade and investment. We know that there are already 29 contracting parties for which the convention entered into force on 1 September 2023, with more to come.
Although we welcome the draft regulations, I am keen for the Minister to clarify a point about implementation and to answer a further question. The Hague 2019 convention was signed on behalf of the jurisdictions of Scotland, Northern Ireland and England and Wales, because the decision to join an international convention is a reserved matter, but the implementation of the convention is devolved to Scotland and Northern Ireland, as it relates to private international law, which is a devolved matter. The Minister touched on implementation in the devolved nations, but I would like a little more detail on the engagement that the Government have had and continue to have with the devolved Governments on the implementation process.
Several respondents to the public consultation that preceded the draft regulations identified some downsides to Hague 2019, although they did not consider that they outweighed the merits of joining. I want to highlight one such concern. One stakeholder’s submission said:
“A potential concern may arise if a state which does not have a reliable or fair judicial system, for example because judges are subject to improper political (or other) influence, became a party to the Convention, or if a state that was party to the Convention experienced a deterioration in the independent functioning of its judicial system or no longer upheld the rule of law. Whilst there are safeguards under Article 29 permitting a state to make a notification preventing the Convention from applying with another Contracting State, the notification can only be made at the time of ratification of the other state, and not subsequently, meaning this safeguard would not be available in the latter instance.”
I will be grateful if the Minister can assure the Committee that an appropriate safeguard is in place.
I conclude by reaffirming our support for the draft regulations. Seldom do we find such agreement in this place, but—and there is a “but”—there is a wider picture of an entrenched crisis across our justice system that we cannot forget: access to justice is dwindling, our crumbling court estate is buckling under the weight of unprecedented backlogs, and our prison estate is not fit for purpose and is hugely over capacity.
Ruth Cadbury
There was also a point about the subsequent weakness of judicial process in certain circumstances.
Gareth Bacon
I apologise to the hon. Lady for that oversight. As she correctly said, there is a provision under article 29 such that if the UK objects to a new country formally ratifying the treaty, we can apply for this not to apply, both in that country and in this one. For a country that is already subject to it, she is correct to point out that there is no formal mechanism for withdrawing from it. I would venture to suggest—I will correct this if I inadvertently mis-speak here—that what would then happen is that there would be a negotiation among the parties to the convention. If agreement cannot be found, the UK could unilaterally withdraw from it, albeit that that would take a 12-month period of notice.
I am grateful for hon. Members’ contributions to the debate. Joining the 2019 Hague convention as soon as possible is in the UK’s best interests. As I have said, it is an important step for the UK to provide greater clarity and confidence for UK businesses and citizens who work and live across international borders. I am eager to see the necessary legislation in place to facilitate that. I therefore commend this draft regulations to the Committee.
Question put and agreed to.
Oral Answers to Questions
Ruth Cadbury Excerpts(2 months, 1 week ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Ruth Cadbury (Brentford and Isleworth) (Lab)
The Government boast, as they have done just now, about their investment in new body scanners to detect drugs on everyone entering a prison each day, yet a damning report in The Times found that the body scanners at HMP Bedford were not even staffed. What is the point in spending £100 million on scanners if they are not even used?
Edward Argar
Before turning to the substance of the hon. Lady’s question, may I take this opportunity to wish her a happy birthday? [Hon. Members: “Hear, hear.”]
It is important to remember that this investment is across the estate. I was in HMP Wandsworth yesterday seeing the work being done there. In the context of Bedford, the body scanners were used at appropriate times in an appropriate manner.
Parc Prison
Ruth Cadbury Excerpts(2 months, 1 week ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate 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
Ruth Cadbury (Brentford and Isleworth) (Lab)
I thank my hon. Friend the Member for Ogmore (Chris Elmore) for submitting this urgent question, and the Minister for the constructive way in which he has replied. This is the second time in a week that Ministers have had to come to this Chamber because of the crisis in one or more of our prisons.
I wish to start by saying that we are all thinking of those who have died at HMP Parc, their family and friends, and the governor and her staff. I appreciate that, as this matter is currently under investigation, we are limited in what we can say today, but it is important none the less that we give voice to this crisis.
It was shocking that the prisons ombudsman had to warn prisoners at HMP Parc to throw away drugs immediately due to the severe risk that those particular ones posed to public health. I hope that the Minister can outline what specific steps are being taken—in fact he has already done so—to remove drugs and ensure that we do not have further unnecessary and tragic deaths. He has promised action, but we do not want this to be yet another bout of activity that happens after the fact and does not last.
Drugs featured in the decision by the chief inspector of prisons to issue an urgent notification concerning Wandsworth prison last week. He went on to address the chronic lack of national leadership—from the HMPPS to the Ministry of Justice. We are looking at a national failure of leadership across our prison estate. Drugs are fuelling the violence that we see in our prisons. We are witnessing a crisis across the prison estate—a crisis of 14 years of Conservative rule.
In the spirit of today’s question, I thank the Minister for his commitment, but ask him whether the action plan that he has just outlined will continue once HMP Parc sinks from the headlines.
Edward Argar
I am grateful to the shadow Minister for her question. If it is helpful, I will write to her in the same terms that I have written to the hon. Member for Ogmore (Chris Elmore), to give some more information that I may not be able to say fully at the Dispatch Box. As she kindly acknowledged, I have set out the steps that are currently being taken to restrict supply, and to tackle at source those scanners and measures at the gate. As I understand it, there is a bid for enhanced gate security, which is currently being looked at and taken forward by HMPPS. At the appropriate time, I am happy to update her in the usual way.
On promoting recovery, training has been undertaken by around 400 staff in the use of naloxone, which, when administered, can swiftly counteract the effect of, for example, nitazenes. That is an important step forward. In terms of reducing demand, we are working at the prison with the alcohol and drug treatment centre Dyfo—this is where Welsh colleagues will correct my pronunciation—
Prevention of Future Deaths Report: Terance Radford
Ruth Cadbury Excerpts(4 months ago)
Westminster HallRead 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
Ruth Cadbury (Brentford and Isleworth) (Lab)
It is a pleasure to serve under your chairmanship for what I believe is the first time, Dame Maria. I thank the hon. Member for Ashfield (Lee Anderson) for obtaining this important debate today, and for the humanity he brought to his speech. My thoughts are with Terance Radford’s family and friends for their bravery throughout this time, and for coming here today.
I have read the coroner’s report, the Ministry of Justice’s response and—perhaps most powerfully—what Terance’s family said in the aftermath of the killing. Terance, or Terry, was an 87-year-old grandfather who had served this country—a retired teacher and a former magistrate who was simply waiting for a bus before he was struck and killed by a car driven by a man released from prison the day before.
I will focus today on the specifics of the case, the wider issues within our prison, probation and justice system, and finally, the issues that remain within the home detention curfew system and other early release schemes. Three crucial issues in this case were ignored before the release of the driver whose actions killed Terance. First, he was being kept in a segregated wing after committing acts of violence, yet this was not considered to be a factor to prevent early release. Secondly, an ongoing investigation into his behaviour was still outstanding. Thirdly, the probation service had not done a proper risk assessment about his release. The report by the corner is damning—organisations not talking to each other, risk assessments not being carried out, and gaps in the early release scheme not being closed until it was too late.
Terance was failed by the justice system and by the Government. One key purpose of prison is to keep the public safe. We need to uphold confidence and support for our justice system, as other Members have said. I thank the hon. Member for Strangford (Jim Shannon) for his, as always, careful and considerate remarks.
Cases such as this have shaken our constituents’ faith in the justice system, and no more so than that of Terance Radford’s family and friends. According to reports, the driver had assaulted prison officers, threatened to kill an officer and set two fires to the prison. That is not an isolated case. Yes, the specific factors cited around home detention curfew may have been case-specific, but too often we have seen individuals released from prison without proper risk assessments and without different services talking to each other. We have seen three serious case reviews—Damien Bendall, Jordan McSweeney and Joshua Jacques—where individuals were released after incorrect or insufficient risk assessments, sometimes by staff with too little experience, and then the offender went on to commit a serious further offence.
We might ask why our justice system is in this state. For 14 years, we have seen a crisis in our criminal justice system—crises in our courts, our prisons and our probation sector. The loss of experienced staff and a high turnover in the staffing of prisons and the probation service means a crisis in which ever-bigger gaps are forming—gaps that create more victims.
The report from the former chief inspector of probation was damning. Too often, proper risk assessments are not happening. I am repeating myself, but that is no coincidence; time and again we see serious cases like this, where an individual has died, a report is released finding gaps, the Minister comes to this place and tells us that it is all broadly fine, and we are expected to wait until the next serious report to repeat the cycle.
It is on that subject that I want to probe the Minister on how we prevent that from happening, being quite aware that there is an outside chance that I might be in his position after the general election. The Government are currently looking to expand home detention curfew in the Sentencing Bill. Last Monday, in a statutory instrument debate, I asked the Minister when that Bill would be coming back. We have since read in The Sunday Times that the Justice Secretary has been having angry phone calls with No.10 about this, so I will give the Minister another chance: could he confirm when the Sentencing Bill will come back to this House? Do the Government still plan on expanding home detention curfew?
Likewise, if it is expanded, what specific safeguards will be in place to protect victims of crime, including victims of domestic violence? How will the Government ensure that there are adequate probation officers to carry out the required risk assessments if more people are released on home detention curfew? The Ministry of Justice impact assessment estimates that an additional 850 offenders will be managed by probation as a consequence of the changes. The probation service is already overstretched; how will it cope with an additional 850?
I also want to put on record my concern about the lack of transparency on the end of the end of custody supervised licence—ECSL—scheme. It is another scheme to release prisoners early, and it is now being expanded to release more prisoners, yet the Minister says that the Government will only publish numbers annually. Also on the ECSL scheme, I have seen an example where a victim of domestic violence saw their abuser released and housed near them. It was only after an intervention and escalation that alternative housing was found somewhere else. What is specifically being done to protect victims when prisoners are released early under the ECSL scheme?
We know that our criminal justice system is in crisis. It is heartbreaking and wrong that people such as Terance—a man in his 80s just waiting at a bus stop—end up featuring in reports and having their names echoing around this place, when those years of his life should have been spent with his family and loved ones. I look forward to the Minister’s response.
Draft Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2024
Ruth Cadbury Excerpts(4 months, 1 week ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Ruth Cadbury (Brentford and Isleworth) (Lab)
It is a pleasure to serve under you for the first time, Mr Pritchard.
This important SI will reduce from 28 to 14 days the time that an individual on a fixed recall must spend in prison. On its surface, this initiative may help address the overcrowding crisis in our prisons. Once again, however, the Government are rushing into yet another change that will put more pressure on our already overstretched probation services—which are a fundamental part of the criminal justice system—without giving them any extra support. Halving from 28 to 14 days the time that that already overstretched service, probation officers and charities will have to prepare each offender on release means that there will be less time to sort where that prisoner will stay, what they will do with their time, what income they will have, whether there will be any restrictions on where they can go, and whether an ankle monitor will need to be fitted.
Frontline probation workers are already under huge pressure, and this feels like yet another rushed change to the early release policy. We should remember that we are here today because of the prisons crisis that successive Conservative Ministers have caused.
Shailesh Vara
The hon. Lady is making an important point on the work levels of probation officers. However, does she agree that it is better that low-level offenders are not kept in prison unnecessarily for long periods, associating with more hardened criminals from whom they may pick up habits that would be to their detriment when they are released? It is better that they are outside if, all matters considered, they are of a low level. That is notwithstanding the pressures on the probation service; I recognise that problem, but it is one to be dealt with.
Ruth Cadbury
I agree with the principle that the right hon. Member mentions. However, we are talking about people who have been recalled—those who have been in prison, released and then recalled for some reason. It is a small part of the serious problem of the high level of reoffending, which we do not have time to go into today. We need to address the reoffending rate, but that is for a different debate.
I have a lot of respect for the Minister, but I believe that we have had a dozen Prison Ministers in the last decade. We have had more Ministers than new prisons. The prisons that we have are in a dreadful state: they have sewage in cells, urine on walls and, in the case of HMP Dartmoor, radioactive radon gas seeping in, which has resulted in the closure of more than 150 cells.
This SI is part of the Government’s prompt response to the prisons crisis. As the right hon. Member for North West Cambridgeshire has said, it is shifting the pressure from prisons on to, as I have said, the overstretched probation service. Probation staff are overworked and undervalued, and we know that there are huge vacancies and problems with staff retention. The Minister will no doubt respond by saying that 2,000 new probation officers have been recruited, but we know that 19% of the new starters left within the first year.
Cases that require experience are being left to probation officers with too little of it and who have been in post only a few months, sometimes with tragic consequences. Many officers leave because they are stressed. Nearly 50,000 work days were lost in 2022 because of stress among probation staff.
Some of those being released early have committed offences relating to domestic abuse. I know that there are some exceptions in the SI, but will there be enough time to ensure that victims are informed before their release? As I have said, cutting from 28 to 14 days means that a lot will have to be done. Will there be time for that key element to be addressed on behalf of the victims?
Additionally, I have heard from probation officers that we are back to offenders being released early on a Friday afternoon, which is contrary to Ministry of Justice policy stating, quite rightly, that release must take place early in the week. We know that those Friday releases make it extremely difficult for probation staff and the charities that support the work to ensure that adequate housing and other support are in place as soon as the prisoner comes out of the gates. Can the Minister confirm that the MOJ still has a policy of no Friday releases from prison, and why is that not being fully implemented? Why am I hearing from probation officers that they are dealing with Friday releases?
One of the core functions of the probation service is public protection. We have seen warning after warning—there have been too many damning cases, whether it was Damien Bendall, Jordan McSweeney or Joshua Jacques. Our probation service is at breaking point, and the public are the ones at risk from that. The Government have pointed to the Sentencing Bill as a way out of the crisis, but I am taking this opportunity to ask the Minister to confirm on the record when the Sentencing Bill will be returning. Can he confirm that Committee stage will be happening and, if so, when? Will he confirm that the Bill will not get pulled?
We have all read the latest account of blue on blue in The Times today, which suggested that No. 10 are dragging their feet because they are worried about their Back Benchers. I remind the Minister that we are in this Committee today because we do not have enough prisons or enough prison places—and that is because the Government have failed to stand up to their own Back Benchers with the new prison proposals.
This crisis is not victimless. The capacity crisis in prisons is also hitting victims of crime. As the reoffending rate continues to rise, prisoners are not getting the access they need to the classes, training or sessions that help to reduce their reoffending, improve their behaviour, treat their addiction or anger management and so on. This measure is not going to reduce reoffending if there has not been time to put together the elements of an essential support package once through the prison gate.
I also remind the Minister that the Government have acknowledged that the changes they are introducing to address the prison overcrowding crisis are putting huge pressures on our probation service but we have not seen any policy changes since October around probation. We have heard warm words, but we have seen no action.
Frontline probation officers are having to work on their days off and in their holidays in a frantic bid to keep the public safe, but they are being set up to fail. The Ministry of Justice and Ministers seem to be trying to pretend that there is no crisis and seem to be allergic to releasing information on these various schemes that are releasing prisoners early. Probation officers frankly do not have faith in the Government after 14 years of failure, and this SI is yet another admission of failure.
Oral Answers to Questions
Ruth Cadbury Excerpts(5 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Ruth Cadbury (Brentford and Isleworth) (Lab)
We need to tackle the revolving door of reoffending in our justice system, yet the reoffending rate, as a proportion of those leaving prison, continues to rise. Whatever the Secretary of State may say, I have heard time and again that the lack of secure housing, adequate and appropriate healthcare, education, job training and job support means that prisoners are being left to fail after they are released. It is the victims of crime who suffer when ex-prisoners reoffend. Can the Secretary of State announce when the Government expect the reoffending rate to go down?
Alex Chalk
It is important to note that reoffending is down compared with under the last Labour Government. The hon. Lady shakes her head, but one can dispute opinions in this House, but not facts. The reoffending rate in 2010 was around 31%; it is 25% now. That means fewer people falling victim to crime.
The hon. Lady refers to accommodation, and she is right to do so. What she did not advert to is this Government’s decision to provide 12 weeks’ guaranteed accommodation, which did not happen under a Labour Government. When I went to Luton and Dunstable, I spoke to a probation officer who has done the job for 30 years, and do you know what he said? It is the single most effective measure to drive down reoffending. Who did that? Not the Labour party, but us.
Draft Employment Tribunals and Employment Appeal Tribunal (Composition of Tribunal) Regulations 2023
Ruth Cadbury Excerpts(6 months, 1 week ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Ruth Cadbury (Brentford and Isleworth) (Lab)
It is a pleasure to serve under your chairship, Ms Elliott. I thank the Minister for his remarks.
It is a pleasure to speak for the official Opposition in this debate on a statutory instrument to bring in the changes to the membership that oversees employment tribunals that were introduced under the Judicial Review and Courts Act 2022. In the previous system, tribunals sat between the MOJ and the Business Department; under the draft regulations, the Secretary of State for Justice will delegate power to the Senior President of Tribunals to decide the composition and make-up of the panels. The reason given by the Government is that it creates greater scope for panels consisting of a single member, who, I understand, will always be an employment judge. We do not oppose the change and will not vote against the instrument today. The decision on whether to have a single judge or a multi-member panel will depend on the case and the need for relevant and appropriate experience.
Turning to the wider context around employment tribunals, the Minister mentioned that the change is being introduced to bring about a more unified justice system; he also mentioned more flexibility and better use of resources. I am sure that those formed part of the Government’s reasoning. However, as the Minister in the other place said, we also have to consider the backlog. At the end of 2022, the employment tribunal backlog stood at 475,000 cases, with a wait of some 49 weeks for a decision. That is a long wait for justice for workers who have been wronged in their workplace—bullied, denied pay, or subjected to other mistreatment—and who decide to pursue their case to tribunal. I was sure that the Minister would mention the coronavirus and say that the backlog is down from its peak. It is, but it is still there, and I note that it is 60% bigger than the backlog in 2010, when we last had a Labour Government. However, I am not here to make party political points, of course—heaven forbid!
When this statutory instrument was debated in the other place, concerns were voiced about ensuring that the changes do not override the important role played by lay members, especially in employment cases where technical and specific knowledge is required and can make a key difference to the outcome of a case. I welcome the Minister’s comments about diversity in membership of the panels, but I hope it encompasses diversity of specialist skills and technical knowledge. That was mentioned in the Government’s consultation. I see that the Senior President of Tribunals has also conducted a consultation and the responses are being considered. I thank the Minister for his clarification on this, and I hope we will see the results very soon.
I also hope the Minister will let us know how the Government will monitor and assess the impact of these changes, especially if we see a significant change in the outcome of tribunal cases that are heard by a single member. As my noble Friend Lord Ponsonby said in the other place, if in the future we see further changes and a further reduction in the number of multi-member panels, that will need profound and serious justification.
I look forward to hearing the Minister’s response.
Oral Answers to Questions
Ruth Cadbury Excerpts(6 months, 2 weeks ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Ruth Cadbury (Brentford and Isleworth) (Lab)
The latest figures show that the reoffending rate among those leaving prison has increased. That is partly because prison is failing to rehabilitate—which is no surprise, given how overcrowded, understaffed and dangerously unsafe many prisons are. In one case, after heavy rain, prison officers were having to wade through raw sewage while prisoners remained locked in their cells. Does the Minister accept that the appalling state of our prisons is not only failing to reduce crime, but breeding it?
Edward Argar
The hon. Lady will not be surprised to hear that I do not agree with her assessments. I would highlight that reoffending rates are down on where they were when we inherited them in 2010. I have highlighted to the hon. Lady the investment in new staff and in our buildings. I would also highlight to her, and I hope that we will enjoy her support on this, the success of tough community sentences in reducing reoffending, compared with sentences of fewer than 12 months. I look forward to her support in delivering those changes.
Ruth Cadbury
I am going to remain on the subject of the prison estate. The Minister made a valiant attempt to defend the Conservatives’ woeful record on prisons, but they are failing to build the prison spaces we need to reduce this cycle of crime. Just last week it was revealed that the Government had built only 380 of the 1,000 pop-up prison cells that they promised by the end of 2023. Therefore, can the Minister at the very least confirm when the remaining 620 pop-up places will be built?
Edward Argar
I would gently say to the hon. Lady that we will take no lessons on prison building from the Labour party—the party that promised three Titan prisons, with 7,500 places. How many were built? Zero. This is a Government who are committed to building 20,000 new, state-of-the-art prison places. Two prisons have already been built. One is in construction. One has just received planning permission, and I am hopeful that the other two of the six will receive that in due course.
Oral Answers to Questions
Ruth Cadbury Excerpts(8 months ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Ruth Cadbury (Brentford and Isleworth) (Lab)
In response to the question from my hon. Friend the Member for Cambridge (Daniel Zeichner), the Secretary of State said that he had recruited 1,000 additional probation officers, but in fact that recruitment campaign has resulted in 76 fewer probation officers between March last year and March this year. Owing to the excessive workload, staff are leaving in droves. The proposed new presumption in favour of extended sentences and the extension of electronic monitoring will simply offload more pressure from prisons on to the probation service, will it not? What are the Government doing to address these issues of excessive workload and the loss of probation staff?
Alex Chalk
On a point of detail, as of 30 September 2023 the increase on the previous year was 4.2% for band 3 probation officers, 6.9% for band 4 officers and 13% for senior probation officers. The so-called attrition rate, or resignation rate, is also down. There are more probation officers, and more of them are remaining in place. The reason that matters is the fact that experience counts. This is an extremely difficult job, and making good judgments requires wisdom and experience. We are investing in the probation service so that its officers can do their job on behalf of our communities.
Draft Justification Decision (Scientific Age Imaging) Regulations 2023
Ruth Cadbury Excerpts(8 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Ruth Cadbury (Brentford and Isleworth) (Lab)
It is a pleasure to serve under you, Mr Gray, and to follow the right hon. Member for Charnwood. It is unusual for me, having only been in my post for two months, to not be the newbie in the room.
The change made by the draft statutory instrument allows the Government to seek to verify the age of unaccompanied asylum seeking children. It is more than 18 months since the legislative framework was set in the Nationality and Borders Act 2022 for these assessments to take place, yet we have still not had some rather straightforward questions answered. We have had, by my count, four different Home Secretaries since then, so it is strange that we have not had these answers. While I accept the limitations of our business here today, I cannot avoid the fact that several questions remain, among them the cost and impact to the NHS, which is already massively under pressure. We would expect the Government to address those questions in the impact assessment, but as far as I am aware no such assessment has been provided. Don’t worry, though, because the Government have said that
“the policy and design are still under development”.
They appear to be building the bridge as they cross it.
It is unclear to me, as it was to the Secondary Legislation Scrutiny Committee in the other place, why this instrument is being moved forward while the policy and process are still being developed. Looking at the SI, I was surprised to see that the Government do not know what the cost of the new imaging process will be. My hon. Friend the Member for Aberavon (Stephen Kinnock) asked the then Home Secretary, the right hon. and learned Member for Fareham (Suella Braverman), about it in December 2022, and she said she did not know. Does the Minister now have an estimate for the cost to the public purse of rolling out the policy?
In the submissions made to the Lords Committee, the lack of an assessment was a major issue for several stakeholders, some of whom the Minister has already named. That matters because of not only the costs, but the wider policy implications that the policy poses. The SI says the Secretary of State has a power to make regulations specifying a scientific method, but that is conditional on the Secretary of State having determined that the method is appropriate for assessing age after seeking scientific advice. The Minister will point to the Age Estimation Science Advisory Committee that has been set up, but beyond that, what steps have the Home Office taken to see the opinions and views of other stakeholders on this practice?
I have read the very real concerns that the Royal College of Paediatrics and Child Health has about the policy. The House of Lords Committee expressed palpable frustration about trying to get basic information about this case and the consultation between the Government and the wider medical community. These questions matter as there is by no means any evidence of a clear consensus among experts. In fact, a report in the New Scientist suggested that the widely held view among experts is that age verification is based on “pseudoscience”. The Government claim that 49% of asylum claims with a disputed age were found to be adults. Has the Home Office assessed how accurate this new method will be?
Additionally, what consultations were made with local authorities and medical authorities, both of which will be on the frontline of dealing with age assessments? I know from talking to the chief executive of my own local authority, Hounslow, the cost and difficulty of carrying out these age assessments, because it is the duty of local authorities to carry them out.
A range of expert bodies representing everything from social work to dentistry have warned that these medical procedures for non-therapeutic purposes are unethical. Even if we leave aside the questions of morals and ethics, we can all surely see that the full implementation of the changes foreseen by these regulations will likely face formidable barriers on an entirely practical level. What thought have the Government given to those barriers, and what steps does the Department plan to take by way of mitigation? Those are just two further questions to which I believe the Government have an absolute duty to provide clear answers. I am always open to the chance, however remote, that the Minister may surprise me and let me know what consideration the Home Office and the Ministry of Justice have given to those questions.
That brings me to the issue of the review mechanism. I can see that the Ministry of Justice will review the use of X-rays by the Home Office. Will the Minister be able to let us know what steps will be taken as part of this review mechanism? What information will be made public and when will the review take place?
I will finish more broadly, on a point about migration and the approach taken by the Government. Just last week, we saw their flagship policy on Rwanda rejected by the Supreme Court, despite years and years of claims—
The Chair
Order. I fear those matters are beyond the scope of the statutory instrument we are discussing today, so perhaps the hon. Lady might like to return to that.
Ruth Cadbury
Thank you, Mr Gray. That was one example of a scheme which the Government were warned would be costly and would not work. We fear that that will also be the case for this statutory instrument. From my own casework experience, I must confess that I am deeply sceptical about the Home Office’s claims about its ability to deliver its policies.
In summary, I hope that the Minister can enlighten us about the costs, the lack of an impact assessment, the review process, and the engagement that will take place with groups such as the Royal College of Paediatrics and Child Health especially, which has raised its own concerns about this policy. I hope that we can see some much-needed transparency on this issue.
