Oral Answers to Questions

Simon Hughes Excerpts

Tuesday 3rd February 2015 Commons Chamber

[Mr David Nuttall (Bury North) (Con)]

4. What discussions he has had with his ministerial colleagues and the claims management regulator on tackling nuisance phone calls.

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

Tackling nuisance calls is a priority for the coalition and I welcome my hon. Friend’s interest in the subject. We are working closely with colleagues in the Department for Culture, Media and Sport to reduce the irritation and distress they cause. Our Department’s claims management regulator has worked with industry and consumer groups as part of the nuisance calls taskforce. It published some recommendations on 8 December, which we believe will help reduce unwanted calls and texts, and we are actively considering which we can soonest implement.

[Mr Nuttall]

One of those recommendations is that the Government should introduce new legislation to hold to account directors of companies that blatantly flout the law on making nuisance telephone calls. What progress has the Minister made on implementing that particular recommendation?

[Simon Hughes]

There are three specific issues on the table. The first is what we did in December, which allows for new, tough financial penalties on companies—by which I mean companies as a whole—that break the rules. The second is the proposal that we have consulted on and are about to respond to, which would lower the threshold at which enforcement action can be taken and produce a fine of up to £500,000, which should be a deterrent. The issue of holding individual company members to account is more complex and will not be the first of the two things we do.

[Mike Crockart (Edinburgh West) (LD)]

The claims management regulator is often held up as the model for how to limit the number of nuisance calls due to the way in which the number of payment protection insurance call numbers has been reduced. However, recent discussions I have had with the Association of British Insurers indicate that it may not be working quite as planned. Will the Minister commit to a meeting as soon as possible to review whether the process is working as well as possible?

[Simon Hughes]

I recognise my hon. Friend’s assiduous work on this issue and I am very happy to pick up on the issue that the claims management regulation unit may not be as effective in practice as we believe it is in theory. We are determined to protect the public. Nuisance phone calls and nuisance texts, particularly to the vulnerable, are unacceptable. They must be dealt with and we will do that with my hon. Friend’s help.

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[Valerie Vaz (Walsall South) (Lab)]

9. What assessment he has made of the effect on women in prisons of the implementation of the incentives and earned privileges scheme.

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

We have some excellent women’s prisons led by excellent governors. The impact of coalition policies on women is always considered carefully by Ministers. I am committed to ensuring that that is done for women in prison, for which I have a particular responsibility. There was an equality impact assessment for the incentives and earned privileges policy, which came into effect in November 2013. Since then, we have subsequently continued to listen to prison staff, women in prison and organisations, and we make changes to the framework whenever appropriate.

[Valerie Vaz]

I thank the Minister for his response, but clothes, books and stationery are the very necessities of life. He will know about the independent monitoring board’s report on New Hall prison and the effect on the female estate. Will he at least review the effect on female prisoners of the one-parcel-of-clothing rule?

[Simon Hughes]

The incentives and earned privileges policy framework is an important reform to ensure that privileges in prison are no longer automatic. It is a reform that we brought in—it was not the case under the last Labour Government—and I hope Labour now supports the principle that people should earn privileges. On women’s clothing, however, female prisoners are not required to wear prison clothing; unlike male prisoners, they do not have to earn the right to wear their own clothing. There has always been a restriction on the number of items of clothing they can have in their cells, but I have insisted that there be no restriction on the amount of underwear they are permitted at all times when in custody.

[Fiona Mactaggart (Slough) (Lab)]

10. How many prison officers have been assaulted during the course of their work in the last 12 months; and if he will make a statement.

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[Charlie Elphicke (Dover) (Con)]

12. What steps his Department is taking to promote mediation and the use of independent experts to reduce the number of boundary dispute cases coming before the courts.

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

The coalition is committed to reducing the number of property boundary disputes that come before the courts, as we are to reducing pressure on the court system more widely. I pay tribute to the work my hon. Friend has done, particularly his Property Boundaries (Resolution of Disputes) Bill. We published a scoping study on 15 January, and I hope that will provide a basis for agreeing a way forward that will lead to greater use of mediation and expert determination.

[Charlie Elphicke]

I thank the Minister for that answer. Does he agree that when neighbour property boundary disputes reach the courts, the legal costs often rack up, making it harder to settle the case? That is why I have been making the case for compulsory fast-track mediation, as in the party wall legislation, to make it easier to proceed and to avoid this problem.

[Simon Hughes]

I am absolutely persuaded that costs mount as people go to court, and I want to see the pressures and costs on our court system, as well as on individuals, reduced. We have taken steps over the past year to increase the use of mediation in the family courts, which has been successful. That should be applied to other disputes, including over property boundaries, and experts should also be used, but whether it is right to go down a mandatory route is the difficult question. I will work with my hon. Friend to see if we can reach agreement on how to move forward.

[Kate Green (Stretford and Urmston) (Lab)]

rose—

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[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

17. What recent assessment he has made of the effectiveness of mediation services provided for family law cases.

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

Mediation between separating couples helps reduce the stress on children and families and the pressure on the courts system, and saves money for taxpayers. Last year nearly two-thirds of couples attending a single mediation session involving children reached full agreement at that session, and seven out of every 10 couples choosing mediation ultimately reached an agreement. That is why the coalition Government have funded a free mediation information meeting and a free first session provided that one party is legally aided.

[Debbie Abrahams]

My constituent David Burke has described the mediation process for family law cases as shambolic, and his experience is not unique. This is working against enabling parental responsibility, as the legislation originally intended. What are the Government doing to address these failings?

[Simon Hughes]

I have to tell the hon. Lady that the message here is not one of failure but one of increasing success. The number of people attending mediation assessment meetings has gone up in the last three quarters, and there is no report of these being shambolic. I will willingly meet the hon. Lady and her constituent on the subject, but I am clear that her party is committing no extra money for legal aid, so it will not be any different or greatly reformed under Labour.

[Mr Speaker]

Last but not least, Karl MᶜCartney.

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[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I recently wrote to the Minister of State, Ministry of Justice, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), regarding the daughter of a constituent of mine who was murdered by her former partner in the 1990s. My constituent subsequently sought care of her daughter’s child, but, disgracefully, the law enabled her killer to obstruct the adoption proceedings. The Minister was unable to explain how this injustice was allowed to happen, and it appears that the legal situation has simply not changed in this regard. I urge him to take a proper look at this case, take whatever steps necessary to ensure it cannot ever happen again, and give my constituents some answers.

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

I am very sympathetic to the issue that the hon. Lady raises. The Secretary of State and I met people arguing that the law should be changed so that there is a read-across from criminal convictions to the application in family law of rights in relation to children. The matter is actively on our agenda, and I am happy to accept representations and to meet the hon. Lady and her constituent.

[Maria Miller (Basingstoke) (Con)]

T7. My constituents are shocked by the recent appalling revelations about child abuse. What steps are the Government taking to toughen up sentencing for those who are found guilty of these appalling crimes against children?