Inheritance and Trustees' Powers Act 2014 (Commencement)
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The Minister of State, Ministry of Justice (Simon Hughes)
My noble friend the Minister for civil justice and legal policy, Lord Faulks QC, made the following written ministerial statement on 30 July 2014:
I am pleased to announce that I have made a commencement order, the Inheritance and Trustees’ Powers Act 2014 (Commencement) Order 2014, bringing the provisions of the Inheritance and Trustees’ Powers Act 2014 into force on 1 October 2014.
Deaths of Service Personnel (Inquests)
Simon Hughes Excerpts(10 years, 4 months ago)
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The Minister of State, Ministry of Justice (Simon Hughes)
Together with the Minister for the Armed Forces, with responsibility for defence personnel, welfare and veterans, I now make our latest joint statement on progress with inquests into the deaths of service personnel on active service overseas. On behalf of the Government and the nation we thank our armed forces for their immense courage, their unshakeable determination, and for their sacrifice. We especially remember the families of those who have laid down their lives for their country.
In this statement we give information about the open investigations and inquests which the senior coroners for Oxfordshire, Wiltshire and Swindon and other coroner areas in England and Wales are conducting. The information provided shows the position at 14 July 2014.
We have placed tables in the Libraries of both Houses containing information to supplement this statement, indicating the status of all cases and showing whether a board of inquiry or a service inquiry has been or is to be held.
Coroners, including the specially trained cadre of coroners whom we have mentioned in previous statements, continue to work with the Ministry of Defence’s defence inquests unit to make sure that investigations are progressed and completed as quickly and thoroughly as possible. Where appropriate, relevant investigations can now be held in Scotland under section 12 of the Coroners and Justice Act 2009.
Once again we record our thanks to coroners and their staff, the Chief Coroner, visiting officers and to all those, professional and skilled volunteer alike, who help bereaved families to be at the centre of the investigation process.
RAF Lyneham in Wiltshire and, currently, RAF Brize Norton in Oxfordshire, have been the main locations for repatriations of service personnel who have died overseas. Since October 2007 the Ministry of Defence and the Ministry of Justice have jointly made additional funding available to the senior coroners for those coroner areas. This helps them to take service personnel inquests forward in balance with their local caseloads.
Current status of inquests
Since our last statement a further six inquests have been concluded into the deaths of service personnel on operations in Afghanistan. In total there have been 610 inquests into the deaths of service personnel who have died in Iraq and Afghanistan or who have died in the UK of injuries sustained on active service. There has been no formal inquest into three deaths. Two of these deaths were taken into consideration at inquests into other deaths in the same incidents. In the third case it was decided not to hold a fatal accident inquiry into the death of a serviceman who died from his injuries in Scotland, where he had made a partial recovery.
Coroners’ investigations which have been opened
Deaths in Afghanistan
As at 14 July, 21 coroner investigations are open into the deaths of service personnel on operations.
The senior coroner for Wiltshire and Swindon has retained six of the open investigations, and the senior coroner for Oxfordshire has retained nine. The remaining six coroner investigations are being conducted by senior coroners for areas closer to the next of kin. Six hearing dates have been listed—including one hearing listed for yesterday 16 July.
Deaths of service personnel who returned home injured
There are no open coroner investigations in relation to service personnel who have returned home injured and have then died from their injuries.
We will continue to inform the House of progress.
Chief Coroner's First Annual Report
Simon Hughes Excerpts(10 years, 4 months ago)
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The Minister of State, Ministry of Justice (Simon Hughes)
Today I am delighted to be laying and publishing the first annual report to the Lord Chancellor, of the Chief Coroner, His Honour Judge Peter Thornton QC, under section 36 of the Coroners and Justice Act 2009 (“the 2009 Act”).
The report covers the period from implementation of the 2009 Act’s coroner reforms on 25 July 2013 to 30 June 2014 and it is the first summary of how these reforms are working in practice. The Chief Coroner sets out:
the implementation of the coroner reforms;
his work to increase the consistency of coroner services: in particular his work on training and providing guidance to coroners; merger of coroner areas; coroner appointments; coroners’ changing role in local leadership and management; the investigation and inquest processes; timeliness of investigations and prevention of future death reports; and
his use of his statutory powers and duties under the 2009 Act.
I am very grateful to Judge Thornton not only for his report, but also for his sterling work preparing for the implementation of the reforms a year ago. It is encouraging to see the considerable progress that he has made in this first year in improving coroner services and the experience of those who come into contact with them across England and Wales.
I would also like to take this opportunity to pay tribute to coroners for their commitment to change and the way in which they have adapted to the requirements of the new system. I must also thank the individuals and bereavement support organisations who help the Government and the Chief Coroner to understand the concerns of families and others affected by coroner investigations.
The Chief Coroner and I will continue to work together to build on the progress that has already been made to improve standards and consistency wherever it is needed.
Copies of the report will be available in the Vote Office and in the Printed Paper Office. The document will also be available online, at: https://www.gov.uk/government/publications/chief-coroners-annual-report-2013-to-2014.
Ministry of Justice Shared Services
Simon Hughes Excerpts(10 years, 4 months ago)
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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
Paul Flynn
My hon. Friend is right. There is general puzzlement about the conflicting statements that come from the Government. Perhaps they can be cleared up this morning. There is a scheme: the jobs will be privatised, and I do not know how the Government can exercise control if that happens. We are told that they are against offshoring jobs. The Prime Minister said so a short while ago; he said he wanted us to “reshore” jobs and bring them into this country. It seems an act of madness to take successful jobs from an initiative developed in Newport and send them overseas, and to spread the profits to a foreign company—a French company.
I am rather surprised when I see the Minister who is replying to the debate, whom I have greatly admired in his political career. We have been in the House a long time, and in his sensible period, when he was a Liberal Democrat, before his metamorphosis, he would have agreed with every word of my argument, as he has on many occasions. The red boxes have a strange effect, and change people’s personalities, but I am sure that it is possible to revert. I was the right hon. Gentleman’s constituent for many years. He used regularly to send me letters and would ask me what the Lib Dems should do for the country. I always made interesting answers and suggestions, not all of which he followed up.
Paul Flynn
Some he did, yes. He did not give us eternal life or a Labour Government, which were the main things I thought would be of benefit.
The Minister of State, Ministry of Justice (Simon Hughes)
It is a great pleasure to serve under your chairmanship, Mrs Osborne, I think for the first time. I warmly congratulate my colleague, the hon. Member for Newport West (Paul Flynn), who is a former constituent. I did not drive him out. It was his choice, and I was happy to have him living near Elephant and Castle. I understand absolutely his continuing and proper interest in the matter. As he knows, I know Newport fairly well. It is a great city, which became a city relatively recently, which was hugely welcome. He was correct in saying that following the industrial decline of that part of south Wales, where I lived when I was growing up, the ability to have new initiatives such as the Office for National Statistics and other departments, such as the Patent Office, and the shared services centre has been healthy. That is self-evident in the beneficial effect on the economy.
I also welcome the hon. Member for Newport East (Jessica Morden) and her interest, and acknowledge the presence and interest of the hon. Member for Sefton Central (Bill Esterson) who, understandably and rightly, wants to speak up for his constituents who are employed by the Ministry of Justice. I will return to the numbers in a moment.
I want to make a couple of general propositions. First, in case the hon. Member for Newport West has any doubts, I have never changed my view about the politics and assessment of the public and private sectors. I do not have a simplistic view that all private is good and all public is bad. That has never been my view. I have always believed that there may be good public services and good private activity. I also observe that while I have been in this place and he and I were in different positions because I was on the Opposition Benches and he was loyally—sometimes loyally, but often constructively and critically—supporting his Government who were going down the same road in outsourcing and introducing contracts with the private sector for previously public sector jobs. Since I have been in this place, there has been a debate about what jobs should remain civil service and local government jobs, and what should be in the private sector. That is nothing new. It is not a creation of this coalition Government.
I will deal with the key facts and then, I hope, most of the concerns. I am here to listen and it is good that the hon. Gentleman has secured this debate so soon after the latest stage in the process of deciding what will happen to the shared services, and the consultation starting with the unions last month. As he knows, the whole ministerial team is fully apprised of the concerns of those who represent people in this work. There was evidence of that at Justice Question Time last week when a series of questions about that was rightly asked.
Bill Esterson
The Minister made a point about outsourcing jobs being nothing new, and there has always been a balance between public and private involvement in public services. The difference this time is that Steria’s track record is open to question, and the £56 million write-off on the IT project is a great example. The question put to me by my constituents was why was there no involvement by staff and the trade union in the in-house bid? Why was it carried out in what they believe were questionable circumstances and why were they not able to win, given the efficiency and high quality, and commendation of their work over many years?
Simon Hughes
I am going to try to make these points, because I hope I can address such concerns. If there are any remaining issues and some time available, I will be happy to take further questions.
I ought to add that I saw a bit of the “Newsnight” programme last night; it was actually a former Minister, rather than a current one, who was talking about the civil service. I hope that we would all join together in saying that we think our civil service is an ace organisation. It is one of the best public services in the world and we respect everybody in it. Certainly, as a new Minister in my Department, I want to thank the civil servants who work for us—not just in the Ministry of Justice, but in other public Departments—for the public service that they give.
I entirely understand that a change of the kind being proposed is hugely worrying for staff affected. That is obvious. I know that many valued, hard-working staff in Newport, Bootle and elsewhere will be concerned about the potential impact of the changes on their lives, and I will do what I can to give reassurance, as well as sharing the facts as accurately as I can.
We are talking about just over 1,000 people working for MOJ shared services. The figures I have been given, going up to today, are that the full-time equivalent number in Phoenix house in Newport is 725 and that at Redgrave court in Bootle, it is 103. Here, in Petty France, there are 67 full-time equivalents in the shared services department. There are 31 in the Prison Service college, although they may not in the end be affected, and there are 154 in nationwide teams, so we are talking about just over 1,000 in total.
As part of the shared services reforms, which are part of a wider civil service reform programme, the majority of those staff will transfer to one of the two independent shared service centres, which have been created to work across a wider range of Government Departments and services. Subject to contract, which has not been awarded yet, the independent shared service centre, to which the majority of Ministry of Justice shared services staff will transfer, is, as colleagues know, to be managed by Shared Services Connected Ltd, or SSCL. That is a joint venture between the Cabinet Office and, yes, Steria Ltd, which already manages services on behalf of the Department for Work and Pensions, the Department for Environment, Food and Rural Affairs and the Environment Agency. The Department for Business, Innovation and Skills is also moving its shared services across. The other company deals with much smaller parts of the civil service organisation.
The decision to move to this company was taken following a full evaluation of both the independent shared service centres and the option to remain in-house in the Ministry of Justice. The reason why SSCL was chosen as the preferred framework provider was that it provided the most competitive solution, which—this is very important for all constituents, including mine, those in Newport and those in the north-west—provided the potential to deliver significant savings to the taxpayer. The evaluation criteria included people impact, service delivery, cost and IT.
Simon Hughes
I will in a second. The SSCL proposal was the strongest, in part due to the investment that it is already making in a new IT platform and the fact that the costs could be shared across multiple Government Departments—I will carry on, because I am conscious of time, but I will try and give way later.
I want to reassure colleagues that, as I hope they know, anybody transferred, if the contract is entered into, will be protected by the TUPE arrangements, so their employment will transfer across to any new employer. There will be no overall detriment to their terms and conditions or their pensions. The current arrangement is that the Ministry of Justice has secured at least 12 months’ job protection, starting from October 2014, when the transfer to SSCL is due to take place. If the transfer does go ahead this autumn, the jobs will be secure as well as all the transferred rights for 12 months after that. As part of the agreed protections, we expect all MOJ sites to remain open for at least the first year after transfer to SSCL.
I appreciate that staff have concerns about job security beyond that. I fully understand that, but obviously I cannot make specific commitments beyond the agreement that has been negotiated.
Simon Hughes
In a second, if the hon. Gentleman will allow me to continue. It is worth bearing in mind that the addition of the MOJ and the Home Office to the independent shared service centre will almost double its number of users. That gives it a strength, a credibility and a potential that, I would have thought, strengthens its future. Staff will still be required to provide services for those users and I can tell people in south Wales, the north-west and elsewhere that absolutely no decisions have been made to close any MOJ site.
Nick Smith
I thank the Minister for giving way. I am glad that earlier he acknowledged the importance of these sorts of jobs to the south Wales economy—particularly the Patent Office and the statistical service. Newport is wary about what is happening, as are the south Wales valleys just north of it. What steps is the Minister actively taking to stop these jobs being offshored? It is really important that he addresses that point.
Simon Hughes
I was going to make that point next, so I shall make it next as planned. I understand the hon. Gentleman’s interest, as an MP not far away from Newport.
There is obvious and understandable concern about any offshoring, following a transfer. First, there has been no decision to offshore any Ministry of Justice shared services work. Secondly, I tell all hon. Members—the hon. Member for Newport West and his colleagues—that should there be any such proposal, it would need the specific agreement of the Ministry of Justice. I therefore repeat the fact that the Secretary of State has made it absolutely clear that he would not support such a proposal. Given that this is the first opportunity I have had to speak on the issue, I make it clear that I would not support such a proposal either. It seems to me that we have an obligation, particularly in those services that do key jobs for the public, to have the jobs done in this country, and the Ministry of Justice has been very clear that it will retain the right to make a decision in relation to any such proposal.
Simon Hughes
No, I am going to finish what I have to say, otherwise I might not be able to complete my remarks in the time. The Secretary of State made a commitment and we have had reference to the commitments from the Prime Minister. I repeat the commitment to British jobs here in the UK, and I hope that that is very clear to everybody.
Paul Flynn
Who will take this decision? There seems to be a different view in the Cabinet Office on this. Can he give a guarantee that the Ministry of Justice will have an absolute ban on these jobs going abroad?
Simon Hughes
I have not been in post since the beginning of this whole debate, but according to my understanding, the deal is that any such proposal to offshore would require the consent of the Ministry of Justice, and the current Secretary of State has made it clear that while he is in office, he would not give that consent. I repeat that on my own behalf and on behalf of the Ministers in the Department.
Simon Hughes
No, I cannot give way—if I can in a second, I will.
Although I have been as categorical as I can, I completely understand that there will be concerns. Change is of course destabilising and upsetting, and no one wants an uncertain future, but the reason why this is being done and why Government have made this sort of decision over the years is that, if we have to make our financial ends meet and to balance our budget, we have to ensure that we deliver public services in the most efficient way possible. Money spent on paying debt is not useful, and paying more than we need to run our public services means that money cannot be spent on other things that we all think are justified, such as the NHS and education.
It is, of course, right that we look to reform how the Government deliver savings and at more efficient ways in which to deliver back-office functions such as HR, finance, procurement and payroll. The civil service is therefore, by definition, moving towards being a leaner and more efficient machine.
May I deal with one matter raised? Steria was selected for the joint venture following competitive and rigorous testing. It is true that Steria was one of a number of suppliers involved in the previous programme. Several other parties were involved, however, and it is not right to conclude that Steria was the cause of the issues with the initial programme, which clearly went wrong. As it happens, Steria was involved with the IT on the previous programme, whereas the IT for the current programme was contracted to Fujitsu, as has been said. It is not possible to make an exact comparison.
The Department would not be pressing ahead with the reforms if it did not have confidence that SSCL was the right option for the future of MOJ shared services. We will listen to the workers in the work force and to their representatives. In the end, I hope that the result will be good for Newport and Bootle, and for the people who work there.
Oral Answers to Questions
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Hugh Bayley (York Central) (Lab)
13. If he will meet hon. Members and civic and Church leaders from Leicester and York to discuss how the reburial of the mortal remains of King Richard III can be done in a way which acknowledges King Richard’s close association with Yorkshire.
The Minister of State, Ministry of Justice (Simon Hughes)
I recognise the hon. Gentleman’s interest in this matter, but I am afraid that I cannot encourage him by suggesting that there should be a meeting. The position is very clear. The university of Leicester applied for a licence to exhume the remains. That was challenged in the courts. The administrative court decided in May that the Secretary of State was entirely correct to grant the licence and it has been given to the university of Leicester. I understand that the intention is for King Richard III to be reburied in Leicester cathedral.
Hugh Bayley
I do not want to raise the matter of the licence, but I ask the Minister, in the interests of fairness, to reconsider. It is 16 and a half months since the Under-Secretary of State for Justice, the hon. Member for Kenilworth and Southam (Jeremy Wright) said in this House that many of the points that I had raised in the debate “deserve further consideration”. On 12 March 2013 in Westminster Hall—Vol. 560 of the Official Report, column 30WH—he said:
“We would be happy to facilitate a meeting between the people”
from York and Leicester to discuss the burial arrangements. Those arrangements need to be discussed.
A commitment was given by the Government. For the past 16 and a half months, they have said that they could not act on that commitment because the matter was before the courts. It is no longer before the courts. Will the Government therefore fulfil the commitment that they made, so that there is an inclusive funeral that does not exclude people from the north of England, who have strong feelings about the matter?
Mr Speaker
The question is too long. There will not be much left of the remains.
Simon Hughes
These remains have certainly occupied the attention of the House for a long time already. The hon. Gentleman is right that the offer of a meeting was made, but there was then a court challenge. The court challenge failed and the position is now absolutely clear: the licence was applied for properly and the university of Leicester can proceed. There will not be a meeting to facilitate that, but I am sure that the university and Leicester cathedral will ensure that other people’s interests are taken into consideration. King Richard III was the King of all England and did not just have particular interests in certain parts of the country.
Andrew Bridgen (North West Leicestershire) (Con)
Will the Minister join me in paying tribute to all those who have been involved in the recovery of the remains of Richard III? As the House will know, he was discovered under a car park in the city of Leicester. I am very pleased that, following the judicial review, he will remain, long stay, in that city.
Simon Hughes
My hon. Friend is quite right that it was a car park with an unusual interest. There was a belief that Richard III was buried in the grounds of the Greyfriars church. His body was found. The tradition is that bodies are buried in the nearest Christian church that is appropriate. As the MP for the area where the Rose theatre was discovered, I know that one can never underestimate the exciting things that can be discovered by good archaeologists.
Mr Speaker
We are all now better informed. We are grateful to the Minister.
Sir Tony Baldry (Banbury) (Con)
As the Minister said, Richard III was the King of all England, not just of York or Yorkshire. Is he aware that the Dean and Chapter of Leicester cathedral see it as their responsibility to rebury the remains of King Richard and to commemorate his memory on behalf of the whole nation, and not just for Leicester or York?
Simon Hughes
I have every confidence that the Dean and Chapter of Leicester cathedral will do that job for the nation. I understand that they intend to apply for an extension so that it may be done in the spring of next year. I believe that it will be a great credit to Leicester and will bring great joy to the people of Leicestershire that a King of England is buried in their county.
Valerie Vaz (Walsall South) (Lab)
14. What recent assessment he has made of the adequacy of provision of interpreters and translation services in court.
Peter Aldous (Waveney) (Con)
18. What steps his Department is taking to encourage use of mediation so that going to court is a last resort.
The Minister of State, Ministry of Justice (Simon Hughes)
This April, a statutory obligation was introduced for separating couples to consider mediation when there are children or family implications. Obviously, they do not have to go through with mediation, but it must be considered, and is supported by legal aid. Last week Sir David Norgrove produced a report for me, which I commend to my hon. Friend. It suggests that we could significantly increase the number of disputes that go to mediation—currently, about 30% go to court—and that 30% could probably be resolved by mediation in the future.
Peter Aldous
Court orders for access arrangements for young children are a snapshot of the circumstances prevailing at a particular time, but such circumstances change rapidly as children grow up and their parents’ relationships and personal situations change. As a return to court to vary a court order can be harrowing, divisive and costly, will the Minister assure me that the Government will redouble their efforts to make mediation a meaningful alternative?
Simon Hughes
We are doing absolutely all we can to do that. We have consulted with the mediation industry and done publicity locally and regionally. The Government have an obligation to ensure that, whenever possible, disputes do not take place in public, as that exposes the private lives of families and children in particular. We believe that we can significantly reduce, down to 5%, the number of cases that go to court, and significantly increase—up to 30%, we hope—the number of cases resolved by mediation. We will do absolutely everything we can, and I am sure that we will see progress over the months ahead.
Sarah Champion (Rotherham) (Lab)
T1. If he will make a statement on his departmental responsibilities.
Kate Green (Stretford and Urmston) (Lab)
T4. In a written answer on 6 May, the Minister of State, Ministry of Justice, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) listed several domestic violence programmes for women in prison. His answer included some programmes that I am told do not actually exist. Can he tell me how many women are waiting, or being transferred to other prisons, to get the programmes they need? If he does not know now, will he write to me with the answer?
The Minister of State, Ministry of Justice (Simon Hughes)
I do not have the figures with me and I will of course write to the hon. Lady with the answer. From my visits to women’s prisons, I know that that is an issue that is on the agenda of every single governor, is regularly discussed with the prisoners themselves and is regarded as an extremely high priority. I will supply the facts she needs and would be happy to meet her to discuss the matter.
Mr David Burrowes (Enfield, Southgate) (Con)
T8. I recall a time under the previous Government when few prisoners did meaningful work in prisons and the interests of victims were left at the prison gates. Can the Minister provide an update on how much money has been raised from the implementation of the Prisoners’ Earnings Act 1996 for the benefit of victims?
Inquiries Act 2005
Simon Hughes Excerpts(10 years, 4 months ago)
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The Minister of State, Ministry of Justice (Simon Hughes)
Today I have published the Government’s response to the report of the House of Lords Select Committee on the Inquiries Act 2005.
Public inquiries are well regarded and valued by the people of this country as a means of holding public bodies to account, investigating matters of concern and maintaining confidence in just and transparent government. They are a means of bringing out into the open, and providing answers to, some of the most troubling events.
A post-legislative scrutiny review of the 2005 Act, carried out by this Government in 2010, concluded that the Act itself was generally working well but identified several areas of concern with the practical application of the Inquiry Rules 2006.
Four years on, the Select Committee’s timely and thorough report has been a great help in advancing the Government’s thinking on such questions as the applicability of the Act, its fitness for purpose, the powers of the inquiry Chair, and how to ensure that best practice is captured and passed on.
The Government have given careful consideration to the Committee’s 33 recommendations, agreeing with the majority of them. We will implement changes as soon as practicable and, where primary legislation is needed, when parliamentary time allows.
The Select Committee has made a significant contribution to the Government’s ongoing efforts to make inquiries more effective and efficient, and the benefits will be seen in the conduct of future inquiries.
Public inquiries which are in the appropriate form, conducted as speedily as possible, respond to public concerns and investigate the facts thoroughly are an essential part of an accountable and transparent democracy.
Copies of the Command Paper are available in the Vote Office and in the Printed Paper Office. The document is also available online, at: https://www.gov.uk/government/publications/government-response-to-select-committee-post-legislative-scrutiny-of-the-inquiries-act-2005.
Bronzefield Prison
Simon Hughes Excerpts(10 years, 5 months ago)
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Sadiq Khan
To ask the Secretary of State for Justice whether (a) the prison governor or (b) another official gave permission for the performance of Sister Act in HMP Bronzefield in February and March 2014.
[Official Report, 23 June 2014, Vol. 583, c. 1W.]
Letter of correction from Simon Hughes:
An error has been identified in the written answer given to the right hon. Member for Tooting (Sadiq Khan) on 23 June 2014.
The full answer given was as follows:
Simon Hughes
Former employees of the Trusts have transferred to the new organisations, namely the National Probation Service (NPS) and the 21 Community Rehabilitation Companies. A small number of chief executives have taken early retirement or are due to do so over the next few weeks. There have also been a number of departures at Assistant Chief Officer (ACO) level. These were part of the normal turnover of staff; details of these are not held centrally.
The correct answer should have been:
Simon Hughes
HM Prison Bronzefield is a private (contracted out) prison and therefore any activities in the establishment are the decision of the Director of that prison. The production of the performance of Sister Act was arranged between Sodexo Justice Services and the respective parties. Therefore this is not part of the contractual agreement between Ministry of Justice (MOJ) and Sodexo Justice Services.
Mental Capacity Act 2005
Simon Hughes Excerpts(10 years, 5 months ago)
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The Minister of State, Ministry of Justice (Simon Hughes)
Following the Committee’s enquiry into the Mental Capacity Act, the House of Lords Select Committee published its report on 13 March 2014. We welcome the report, which contains 39 recommendations.
The Mental Capacity Act is an important piece of legislation, but we recognise more needs to be done to raise awareness and make sure it is more widely understood. I am pleased to announce that the joint response of the Ministry of Justice and the Department of Health will be published today.
The response contains our plans to realise the full potential of the Act. We want to make sure that we achieve our ambition of valuing every voice and respecting every right when caring for and supporting individuals who may lack capacity either now or at any time in the future.
Deaths of Service Personnel (Inquests)
Simon Hughes Excerpts(10 years, 6 months ago)
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The Minister of State, Ministry of Justice (Simon Hughes)
The Under-Secretary of State for Defence, with responsibility for defence personnel, welfare and veterans, my hon. Friend the Member for Broxtowe (Anna Soubry), and I now make the latest in our sequence of joint statements reporting to the House on progress with inquests into the deaths of service personnel on active service overseas. Once more we wish to pay grateful tribute to our armed forces for all their skill and courage on behalf of our country. Our thoughts are with the families of all those who have given their lives. We especially remember the families of Sapper Adam Moralee, Captain James Clarke, Flight Lieutenant Rakesh Chauhan, Warrant Officer 2 Spencer Faulkner, Corporal James Walters and Lance Corporal Oliver Thomas, who have died since our last statement.
This statement provides information on the open coroner investigations and inquests being conducted by the senior coroners for Oxfordshire, Wiltshire and Swindon and other coroner areas in England and Wales. The statement gives the position at 1 May 2014.
To provide supplementary information we have placed tables in the Libraries of both Houses. The tables give information about the status of all cases and indicate whether a board of inquiry or a service inquiry has been or is to be held.
The Ministry of Defence’s defence inquests unit continues to work with coroners, including the cadre of coroners who have received specialist training to conduct coroner investigations and inquests into service personnel deaths, to progress investigations and complete them as quickly and thoroughly as possible.
The provisions in section 12 of the Coroners and Justice Act 2009 will enable relevant investigations to be held in Scotland where this is appropriate.
Our thanks are due once more to the Chief Coroner, coroners and their staff, visiting officers and everyone else whose commitment and care help bereaved families through the investigation process.
Repatriations of service personnel who have died overseas have usually taken place at RAF Lyneham in Wiltshire and, currently, RAF Brize Norton in Oxfordshire. Joint additional funding has been made available since October 2007 by the Ministry of Defence and the Ministry of Justice. This helps the senior coroners for those coroner areas to progress service personnel inquests without detriment to their local caseloads.
Current status of inquests
A further six inquests into the deaths of service personnel on operations in Afghanistan have been concluded since our last statement. There have been a total of 604 inquests into the deaths of service personnel who died in Iraq and Afghanistan or who returned to the UK and died here of injuries sustained on active service. Three cases led to no formal inquest. Two of the deaths were taken into consideration at inquests into other deaths in the same incidents. The third case relates to a serviceman who died from his injuries in Scotland, where it was decided not to hold a fatal accident inquiry.
Coroner’s investigations which have been opened
Deaths in Afghanistan
As at 1 May 2014, 22 coroner investigations are open into the deaths of service personnel in Afghanistan, with five more due to be opened.
The senior coroner for Wiltshire and Swindon has retained nine of the open investigations, and the senior coroner for Oxfordshire five. Senior coroners for areas closer to the next of kin are conducting the remaining eight coroner investigations. Nine hearing dates have been listed.
Deaths of service personnel who returned home injured
There are no open coroner investigations relating to service personnel who returned home injured and thereafter died from their injuries.
We will continue to inform the House of progress.
Oral Answers to Questions
Simon Hughes Excerpts(10 years, 6 months ago)
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Jeremy Lefroy (Stafford) (Con)
2. What assessment he has made of the consequences of the establishment of the new single family court for the operation of the justice system; and if he will make a statement.
The Minister of State, Ministry of Justice (Simon Hughes)
The family justice review produced recommendations that were implemented on 22 April, producing the largest ever change in the family justice system in our lifetime, and I pay tribute to all those from the president of the family division downwards who delivered that. The purpose was to have a single united family court that can sit anywhere with any level of judge, to ensure that cases are dealt with more quickly in the interests of children and families, and that children’s needs are always put first in all family proceedings.
Jeremy Lefroy (Stafford) (Con)
I thank my right hon. Friend for that answer. Will he explain how the reforms that he is taking through at the moment will ensure that cases, particularly those involving the most vulnerable children, will be dealt with efficiently, quickly and justly?
Simon Hughes
There are two major changes that will lead to a speedier and more just outcome, particularly for children. The first is a requirement that all cases involving care proceedings will be dealt with in 26 weeks, or half a year—only a couple of years ago, it was double that—and if there has to be an exception in the interests of justice, that will be made. Secondly, experts’ reports will not be commissioned and take up a huge amount of time unless that is necessary in the interests of the child. The process will be speedier, and children will have certainty much more quickly, as will their families and local authorities.
Ian Lucas (Wrexham) (Lab)
But is not the Minister aware that the withdrawal of legal aid in family cases has caused a massive increase in litigants in person, which will undercut and undermine any move towards shorter times for dealing with these cases? The Government have undercut and undermined their own policy, and strangled it at birth.
Simon Hughes
That is very easy rhetoric from the hon. Gentleman, but the evidence does not support it. The evidence is that there were always litigants in person in the family courts, and the time it is taking for cases outside the public system to be dealt with has not fundamentally changed. They take on average between 16 and 18 weeks now, as they did before. In addition, legal aid has been retained for most of the important issues. In particular, legal aid is available for people to be assessed for mediation, and for mediation. For those who go to mediation, seven out of 10 have a successful outcome, which means that they do not need to contest their matrimonial matters in the court.
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
The single court is a good idea, and I am pleased that the Government are taking it forward, but a considerable body of evidence from solicitors who specialise in family law suggests that judges are under huge pressure to allow contact too early in cases, even in those with safeguarding issues such as alcohol abuse and violence. How will the Minister make sure that family courts are closely monitored to ensure that vulnerable children are not put at unnecessary risk?
Simon Hughes
I respect the right hon. Gentleman’s expertise in this area. I was speaking to the court in Cardiff about these issues only on Thursday last week. One protection is that the 26-week norm can be extended in the interests of justice in every case. Secondly, from the president downwards, there is a regular review of exactly what is happening. There will be report backs, as well as a public report back to Parliament on a regular basis, and regular reviews to make sure that vulnerable children in the sort of families he describes are not put at risk. The whole purpose is to ensure that fewer children are at risk and more children are protected and cared for better.
Hugh Bayley (York Central) (Lab)
3. With reference to the statement by the Under-Secretary of State for Justice in Westminster Hall on 12 March 2013, Official Report, column 30WH, that his Department would facilitate a meeting between people from York and others with the university of Leicester to discuss the arrangements for reburial of the mortal remains of King Richard III, when that meeting will take place and which Minister or official from his Department will attend it.
The Minister of State, Ministry of Justice (Simon Hughes)
I appreciate the hon. Lady’s interest in this subject. Last year, a pilot scheme was introduced in four places around the country where employment and support allowance appeals had the summary reasons issued at the time of the appeal judgment. This was extended in March across the country in relation to all ESA and personal independence payment appeals. There is no current plan to make a further assessment, but the Ministry of Justice supports fully what is a Department for Work and Pensions initiative.
Sheila Gilmore
I thank the Minister for that answer, but this is a hugely important issue for many individuals who face great stress and anxiety in going through the appeal processes. Will the Minister not commit to evaluating both the pilots and the ongoing process properly, so we can understand fully whether they are working and whether further improvements are needed?
Simon Hughes
We shall of course watch what happens. We expect the process to be extended this year to many other forms of appeal in the social security system. The evidence will show whether it informs people and we do not have as many appeals in the future because the decisions will have been got right in the first place. The level of appeals that she highlighted in a question on a previous occasion—nearly 45%—will then disappear. My objective is to get decisions right in the first place. The stress to which she refers should be removed from many people. They should not need to have to go to appeal to get the right decision.
Stephen Mosley (City of Chester) (Con)
One of the biggest problems that I face as a constituency Member of Parliament is the time that it takes for ESA appeals to go ahead. It is good news that the delay has been reduced from an average of 23 weeks to 18, but what is the Minister doing to ensure that appeals speed up even more in the future?
Simon Hughes
Members on both sides of the House will have shared my hon. Friend’s experience, which is principally a matter for my colleagues in the Department for Work and Pensions. It will certainly be helpful if the right decisions are made more often in the first place, but we must ensure that tribunals, particularly the Social Security Appeals Tribunal, have enough resources to be able to deal with cases as soon as possible after receiving the information that they require. Often the problem is collecting the data that will enable an appeal to be heard. The present situation is not acceptable, and we need to reduce the delay between initial decisions and appeals.
Dr Julian Huppert (Cambridge) (LD)
The Ministry of Justice faces large costs as a result of appeals against decisions made but by not just the DWP but the Home Office. Ensuring that the right decisions were made would save the MOJ a huge amount of money. Will my right hon. Friend consider applying the “polluter pays” principle, so that the Department that has caused an excessive number of appeals pays some of the MOJ’s costs? That would give Departments an incentive to make the right decisions.
Simon Hughes
My hon. Friend has mentioned that idea to me before, and I find it attractive. I have not had a formal discussion about it with the Secretary of State, but I imagine that he may instinctively find it attractive as well. We certainly expect our colleagues in other Departments to make decisions correctly, and not to incur costs that will be borne by our Department, and hence by the taxpayer, by getting those decisions wrong. I shall willingly engage in discussions with my right hon. Friend the Secretary of State, and with other Departments that ought to be bearing the burden of decisions that they got wrong in the first place.
Glyn Davies (Montgomeryshire) (Con)
6. What his policy is on ensuring that legal aid is targeted at people with a strong connection to the UK.
Duncan Hames (Chippenham) (LD)
The Government were due to publish before March their response to the public consultation on their proposed changes to the Office of the Public Guardian and supervision of deputies. When will this happen so that we can better protect the vulnerable people whose best interests are meant to be served by them?
The Minister of State, Ministry of Justice (Simon Hughes)
I am grateful for my hon. Friend’s continuing interest in this issue. I hope that we will be able to publish something before we break for the summer and elicit responses after that.
Steve McCabe (Birmingham, Selly Oak) (Lab)
Has the Secretary of State looked at the damages awarded to triple killer Kevan Thakrar? Does he have any plans to change the rules so that serious offenders cannot profit from such compensation claims?
Miss Anne McIntosh (Thirsk and Malton) (Con)
The Government have rightly said that they wish to speed up the placing of children in adoption, but will they confirm that that will not be at the expense of proper legal representation on legal aid for natural mothers who do not wish to give up their children for adoption?
Simon Hughes
The reforms are absolutely clear in wanting to do two things. The first is to ensure that cases are considered properly and in a timely way, and that is the joint concern of the Department for Education and the Ministry of Justice. The second is to ensure that all those who need to be represented in child-related cases have the adequate resources. I hope that that will give my hon. Friend the reassurance that she needs.
Robert Flello (Stoke-on-Trent South) (Lab)
Will the Minister join me in congratulating Superintendent Derek Lockie on and, especially thanking him for, his outstanding work for victims and victims’ organisations during his time leading the Victims’ Commissioner’s office? But does the Minister agree that the loss of such a talented and fiercely independent lead in that office is a matter of great concern?