(11 years, 11 months ago)
Commons ChamberLet me first congratulate the justice—
(11 years, 11 months ago)
Commons ChamberThis is a welcome Bill. I welcome the constructive approach of the new Secretary of State and his team and congratulate them on their appointments. The Bill will now go to another place, where we are rather more well provided with learned friends, the lawyers, who may have some thoughts on how it might have to be amended.
Nearly two years ago, in an exchange with the Secretary of State’s predecessor, the right hon. and learned Member for Rushcliffe (Mr Clarke), I asked:
“Do we not need a small claims court for libel cases which could quickly…at a low cost in damages and expenses deliver remedial justice, apology and correction?”—[Official Report, 29 March 2011; Vol. 526, c. 161.]
I very much hoped that this Bill would satisfy that request, but to be honest, it does not. It tidies up many of the problems to do with libel tourism and scientific publication that have caused a great deal of concern and brought together a big coalition of different campaigners who have influenced all parties. However, that does not allow the small person—what one patronisingly calls “the little man”—to have the quick, swift redress that exists in other countries when he has suffered a clear wrong in a newspaper. That is why the parallel work of Lord Leveson must be taken into consideration in the other place and when the Bill comes back here so that we have a complete package of reform that puts right many of the injustices that so many people have faced at the hands of a mixture of very powerful media oligarchs and legal oligarchs.
I want particularly to refer to the problem of libel tourism. Right now, there is an ongoing case initiated by a Mr Pavel Karpov, who is a 35-year-old Interior Ministry employee in Russia. He was involved in the sequence of events that led to the death of Sergei Magnitsky, which has attracted much attention in this House. Through a unanimous resolution of the House of Commons, it has been decided that he and 59 other named Russian officials should not be allowed to enter Britain, although the Foreign Office and the Home Office are still equivocating on that. On 1 August, Mr Karpov filed an action in the High Court against William Browder, who is a British citizen, and Jamison Firestone, who is an American citizen resident in the United Kingdom—Sergei Magnitsky’s former boss and direct boss respectively—in order to silence them in their campaign to bring about justice for Mr Magnitsky. Pavel Karpov has hired Geraldine Proudler, the partner and head of the reputation and media litigation practice at Olswang, at roughly £600 an hour, when he himself earns $600 a month. He has hired Andrew Caldecott QC—
Order. May I ask the right hon. Gentleman to confirm that the cases that he is describing are not the subject of active proceedings?
No, Sir, they are not. They are just filed at the moment and can be discussed. No charges have been initiated.
Such cases are a prime example of libel tourism. One of President Putin’s chief functionaries still thinks that he can get away with libel tourism in this country. I hope that someone in the Russian embassy reads this Bill and understands that that kind of libel tourism is no longer acceptable.
(12 years, 1 month ago)
Commons ChamberMy hon. Friend is right. We inherited a serious administrative problem in that the capacity of the offender management system was being overwhelmed by the number of people with indeterminate sentences—[Interruption.] It is absolutely not the judge’s fault; it is the fault of the previous Administration, who failed to put in place the resources to deal with the sentences that they then passed in the House. That is one of the many problems that we are having to address. IPPs are a classic example of the shambles that we have—
Order. The Minister should calm himself. The shadow Justice Secretary is a man of very great distinction. He would not behave like that in court; he would probably be turfed out or struck off. I cannot imagine it—very out of character.
I cannot comment on an individual case, although I am sure that my hon. Friend did when he had the pleasure of listening to that exchange. We are seeking to make both the probation service and community sentences more effective, by which I mean more punitive when necessary but also more effective in controlling the behaviour of the offender.
We have taken powers to extend the hours of curfew. We intend to make more use of tagging to enforce curfews, among other things. We are testing more effective equipment and consulting on how best to use tags and modern technology effectively.
I shall try to stun you, Mr Speaker.
The Secretary of State knows that the relationship between probation officer and offender is crucial to the rehabilitation process. How will he assure the House that opening up to the private sector will not undermine that crucial relationship?
Order. We are grateful to the Minister. I do not wish to be unkind, but the answers are simply too long. Progress is too slow and it needs to be speeded up.
The double-dip recession created by the Government has made it much harder for young people in general and young offenders in particular to find work. What conversations is the Minister having with his colleagues to encourage growth in the economy and to solve the problem of youth unemployment in general and young offenders in particular?
I agree with my hon. Friend. I understand that 179 organisations in Warwickshire benefited from community payback last year. Not only is there an opportunity to link with members of the public through the ability to nominate community payback schemes, but these nominations are now running at more than 1,000 a month.
16. What steps his Department is taking to implement the recommendations of the final report of the riots communities and victims panel.
The Secretary of State could be forgiven for not knowing that 72 years ago yesterday, he was born in the same ward of the same Nottingham hospital as my constituent Mr Roy Plumb. Unfortunately, Mr Plumb had to retire as a magistrate on his 70th birthday. I do not expect the Secretary of State to refer to his own age and I would not want him to retire, but does he agree that the time has come to allow magistrates to serve beyond their 70th birthday?
I congratulate my hon. Friend’s constituent on his birthday yesterday. The argument for retaining a retirement age of 70 for judges of all kinds—I agree that this is a mere stripling for most occupations—is that, unlike me and most other people in their 70s, they cannot be removed from office: they are there for life, and can be removed only for quite serious bad behaviour. If we let everybody go on until whatever age, we will get into difficulties and politicians or somebody else will have to start appraising their performance, as they cannot be dismissed peremptorily. That is what has made us hold back from raising the compulsory retirement age for magistrates and judges at every level.
A couple of weeks ago, the Under-Secretary of State for Justice, the hon. Member for Reigate (Mr Blunt) visited the high-performing Shepton Mallet prison in my constituency. It has a great team of staff. Will the Under-Secretary or the Secretary of State comment on the fairness of recognising the high numbers of years of service of prison officers with jubilee medals, but not honouring the support staff, who are equally important in the smooth running of this prison, in the same way? Would it not be churlish not to produce some more medals so that they can be given to the support staff as well?
It might be churlish to interrupt the hon. Lady, so on this occasion I did not, but a blue pencil would be of benefit.
(12 years, 2 months ago)
Commons ChamberA great deal of the argument in defamation action often turns on preliminary points, such as whether a particular statement is capable of having the meaning that one of the parties attributes to it. It is much easier if a judge can deal with those preliminary matters so that the whole thing does not have to go to a full trial. Also, there is absolutely no doubt that a great deal has to be done to explain to a jury what this particularly difficult area of law is all about. The whole thing takes longer—it has to when 12 lay men and women are hearing it—which adds to the expense. Not only does that add to the costs and delays when somebody is involved in an action, as I have said, but because they sometimes threaten bringing claims before they go to court, once we start getting into the costs that might be involved in a jury trial the threat is made much more substantial by holding all this—
Yes. I have been listening to the right hon. and learned Gentleman with great interest and respect for the best part of a quarter of a century, as he knows, but the Secretary of State is a compulsive “swiveller”. Whenever he is intervened on by one of his right hon. or hon. Friends, he invariably swivels round. But the rest of the House does not want to lose him; we are hanging on his every word.
(12 years, 3 months ago)
Commons ChamberAlthough I welcome the changes made in the 2012 Act, will the hon. Gentleman consider some loopholes that might be closed? A few months ago I brought up the case in the Chamber of a constituent, an ex-miner who had been fined 28 years ago for stealing a bag of coal in the middle of the miners’ strike. He subsequently tried for a job in a care home as a groundsman. He was offered the job, but it was then withdrawn. That seems ridiculous, because the job had nothing directly to do with the people in the care home, and he had not been accused of—
We are extremely grateful to the right hon. Lady, but is there a question mark coming?
I am aware of the right hon. Lady’s interest in this matter. The vast majority of occupations for which people may make applications do not require a CRB search. Only a small number require a search, and even in those cases there are three categories of CRB searches. Searches are required for the occupations that are listed in the exceptions order to the 1974 Act, which involve sensitive issues or where people are dealing with children, vulnerable adults and so on. We have that list of people to ensure risk management in employment and the protection and detection of crime.
I thank the hon. Gentleman; I, too, welcome him to the Dispatch Box. It is a pleasure to hear him. We need now—not on account of the hon. Gentleman’s answers, but more generally—to make somewhat brisker progress.
6. What progress he has made on reform of probation services.
I wonder whether my hon. Friend could help, as there is growing concern about the use of Twitter in the ways described, but for other criminal offences. What actions are the Government taking to make sure that people are not allowed to hide behind their own anonymity when they tweet or use the internet in this way, which is to commit a criminal offence?
It is most interesting to hear the hon. Lady’s thoughts, but they are relevant in this context only in relation to victims in rape cases, not more widely. That is what the question is about. We are immensely grateful for the hon. Lady’s musings, but I am not sure that they entirely pertinent to the matter under discussion.
If the Minister thinks that the question is relevant, he can answer briefly.
11. What recent progress he has made in reforming the law on defamation.
I would not want the hon. Lady to feel marginalised or excluded. Diana R. Johnson.
I am very grateful, Mr. Speaker. In light of the impact that sexual assault referral centres can have on rape convictions, should sexual assault referral centres have their funding ring-fenced, both from the NHS and from the police?
(12 years, 4 months ago)
Commons ChamberI must draw the attention of the House to the fact that financial privilege is involved in Lords amendment 1B. If the House agrees to the amendment, I shall ensure that the appropriate entry is made in the Journal.
Clause 1
Lord Chancellor’s functions
I beg to move, That this House disagrees with Lords amendment 1B.
With this it will be convenient to consider the Government motion to disagree with Lords amendments 2B and 196B, the Government motion to insist on its disagreement with Lords amendment 31, and Government amendment (a) in lieu.
As you have reminded the House, Lords amendment 1B, dealing with the statutory duty for legal aid, impinges on the financial privileges in this House. I should also say that my interests remain as I declared at the last stage of ping-pong on 17 April. I ask the House to disagree to this amendment, and I will ask the Reasons Committee to ascribe financial privilege as the reason for doing so.
Let me first address Lords amendment 31, which concerns the sensitive and important issue of mesothelioma, in the light of the amendment we have tabled. I should emphasise at the start that the Government take very seriously the plight of mesothelioma victims and do not believe that mesothelioma cases are being brought inappropriately. We should appreciate that the issue in mesothelioma cases is not so much causation as process. In effect, the challenge for the Government, employers and insurers is how we ensure that we have procedures in place that enable sufferers to receive compensation more quickly and without the stress of having to pursue protracted litigation.
Much has been done by recent Governments to improve the position of mesothelioma sufferers when the employer’s insurer can be traced. There is now also a consensus that more needs to be done in respect of sufferers who cannot trace their employer’s insurer. Let me be clear that the Government are committed to action on that point. We are working closely with insurers and other stakeholders on this pressing issue with a view to making an announcement before the House rises in July.
I have considered very carefully the points that have been made both in debates in the House last week and the other place last night. We have also held ministerial meetings with campaigners on behalf of mesothelioma victims, including with Lord Alton, the right hon. Member for Wythenshawe and Sale East (Paul Goggins) and my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch).
The Jackson reforms in part 2 of the Bill are due to come into effect in April next year. We have reviewed that timetable in the context of mesothelioma. On careful reflection about the special position of mesothelioma sufferers, I can now give the House the assurance that we will not commence the relevant provisions in clause 43, on success fees, and clause 45, on after-the-event insurance, in respect of mesothelioma claims in April next year. Rather, we will implement the clauses in respect of those claims at a later date, once we are satisfied on the way forward for those who are unable to trace their employer’s insurer. The amendment commits the Lord Chancellor to carrying out a review of the likely effect of the clauses in relation to mesothelioma proceedings and to publish a report before those clauses are implemented.
(12 years, 4 months ago)
Commons ChamberOn a point of order, Mr Speaker. I would appreciate your ruling on the appropriateness of commencing this important debate on the national planning policy framework with only about half an hour of parliamentary time available. Surely this is shambolic organisation, mirroring the NPPF process itself. Would it be possible to have the debate rescheduled, bearing in mind the commitment given by the Minister in this House on 27 March to have a full parliamentary debate on the subject?
I am grateful to the hon. Lady for her point of order. The time available for this debate was always to be a function of the amount of time taken by earlier proceedings, and therefore what was left at the end. However, as the scheduling of business is a matter for the Government and as the Minister leading the debate is here, and no less a figure than the Deputy Leader of the House is in his place, it is open to, though not obligatory for, either of those distinguished hon. or right hon. Members to respond to the hon. Lady’s point of order, if either wishes to do so.
Mr Speaker, I am anxious to get on with the debate. I have had some indications from my right hon. and hon. Friends that, although we may commence the debate this evening, it will be possible for us to continue it in the days ahead. I hope that we can make a start and that Members can make their contribution on this very important subject.
I am grateful to the right hon. Gentleman for what he has just said.
We now come to the motion relating to the national planning policy framework, and I shall deny the Minister, who is so eager and enthusiastic, not a moment longer.
(12 years, 4 months ago)
Commons ChamberOn a point of order, Mr Speaker. During the last debate, many of us were dismayed by the conduct of the Minister, who giggled and grinned through descriptions of people dying of mesothelioma and what they suffered. I have to say that in almost 15 years in this House, I have never seen conduct that so demeans a Minister of the Crown and is so damaging to the reputation of the House. Is there anything that you can do to ensure that in future Ministers pay proper attention to such serious debates and conduct themselves as would be expected from a Member on the Treasury Bench?
I am grateful to the hon. Lady for her point of order. The Minister is welcome to respond if he wishes, but he is not under any obligation to do so.
No, he is not going to respond.
The hon. Member for Warrington North (Helen Jones) will know that I came into the proceedings relatively late, and in those circumstances it is not for me to act as umpire on the matter, which would be wrong. However, her observations, sincerely expressed, have been noted, and all I would say is that each and every one of us in this place is responsible for his or her own behaviour and for the impression that we give in the conduct of debate. Let us leave it there for tonight.
(12 years, 5 months ago)
Commons ChamberIt is my Parliamentary Private Secretary’s enthusiasm for the policy of work in prisons that is exemplified, in part, by the Order Paper, together with the enthusiasm of all my hon. Friends who have asked questions on this extremely valuable policy, which is an innovation compared with the neglect of this subject by the previous Government.
We are giving a high priority to the needs of women in prison, and we will continue to address the matter. The previous Government were doing quite good work on women in prison, and we have not reversed anything; indeed, we are building on the Corston report. On work in prisons, we certainly intend that female prisoners should have the same opportunities of work and training as men, and we are thinking of what special arrangements we should make to ensure that such facilities are available and suitable for female prisoners.
2. What plans he has to improve support services for victims of crime.
If that is the case, why is the success rate 78% higher for those who do receive advice before they go to appeal? We have said from the outset that we agree that savings need to be made to the legal aid budget. If we were in government, we would be making cuts as well, but our values and connections with ordinary people mean that our priorities would be very different. Figures from the Ministry of Justice say that by the end of this Parliament, criminal legal aid provided largely by well-paid QCs, barristers and solicitors will be cut by 6%, whereas family legal aid will be cut by 29%, but social welfare legal aid, which is delivered by CABs, law centres and small voluntary organisations, at which some of the lowest-paid advisers and lawyers work, will be cut by 53%.
Will the Minister explain why the cuts are being made to the most vulnerable instead of to areas where cuts can be made more fairly?
Different Conservative candidates put forward the campaign in different terms at the last election, and not for the first time, as you will know from your experience, Mr Speaker, and as I do from mine. As usual, I am sticking firmly to the policy of the Government of whom I am a serving member. The reasons we are reforming the Court were set out clearly in the terms of reference of the commission looking at the matter and in the Prime Minister’s speech to the Council of Europe, which I think coincide with my own views.
We are grateful to the Secretary of State, as always, for telling us what he really thinks.
19. What his policy is on prisons being run by a charity; and if he will make a statement.
Order. May I just very gently say to the Secretary of State that he might have intended to group it but that, I am afraid, he neglected to do so? I know that the House will, however, enjoy hearing once again his mellifluous tones.
The courts already deal with litigants in person, and they are very used to dealing with that situation. We accept that the legal aid changes currently before the House of Lords will increase the number of litigants in person, but the evidence on the issue is very mixed, indicating that some cases are dealt with more quickly and others take longer. In fact, many such cases do not require legal representation at all.
Yes, I can. The aim is to combine that purpose with getting a proper judicial decision on disputed cases, in which allegations or claims are made or in which matters have to be inquired into, that is better than the conclusions that we get currently. There is no system in the world in which spies give evidence in open court, naming their sources, describing their techniques and giving the full facts that the intelligence service has at its command to the public at large. At the moment, all that happens when such evidence is relevant is that it is not given and no satisfactory conclusion is ever reached. We have addressed that in the Green Paper that we have published.
T3. The Lord Chancellor will know that the ALS interpreters’ contractor has been an unmitigated disaster, and I can provide specific examples of cases in my constituency. If it is about saving money, will he tell us how many hearings have had to be adjourned or postponed due to the fiasco?
Order. It is always a pleasure to hear the Secretary of State, but on account of the level of demand, I am afraid that he has to be subject to rationing.
T9. I am sure I will not be the only Member of the House to have been dismayed by the Secretary of State’s last answer. Yet again the Government seem to think they know better than the Royal British Legion and service personnel on this matter. Service families want justice done in the open for loved ones killed in action. Why will he not listen to their rejection of the secret inquests he has proposed in the justice and security Green Paper, or will he answer again that the Government know best?
(12 years, 6 months ago)
Commons ChamberOrder. This question is about Kettering, from which Carshalton and Wallington and Manchester are a long way away.
2. What steps he plans to take to support law centres.
Of course our condolences go out to the families in question. However, I understand that this is the first time such a thing has happened on the under-18s estate since 2007, and the fact that there have been two tragic incidents in close succession does not mean that we should not recognise the good record that has been maintained in the intervening years. Every effort will be made to learn all the lessons from what has happened during the four different types of inquiry that will take place into each of the deaths.
No one enjoys listening to the Secretary of State more than I do, and I have been doing so for more than two decades, but we have a lot to get through, so economy is of the essence.
There is a real fear both inside and outside the House that introducing a payment-by-results approach to our Probation Service risks denying adequate rehabilitation support to those with the most complex needs. What will the Secretary of State do to mitigate that risk?
I accept the force of the right hon. Gentleman’s comments and I have visited those responsible for running the scheme in Manchester as he knows—indeed, I think it was at his instigation. It is important that we evaluate these projects properly, and our general position is that we want to have more punitive community sentences, which are effective and combine rehabilitation with a punitive element. If possible, we want such schemes to be mainstreamed so that they can be taken beyond their pilots.
Thank you Mr Speaker, and indeed it is. If we are to increase public confidence in more intensive forms of community sentencing, we clearly need to link them, as we have just heard, to evidence showing how they reduce reoffending. In the commendable analysis of the pilot in Manchester published in July 2011 by the Ministry of Justice, the difficulty of calculating reoffending statistics is made clear. Will the Minister reassure me that he will do all he can to square this circle so that we can persuade members of the public that this is the way forward?
It has come to light that barrister David Friesner recently defended a fraudster, despite having just been convicted for stealing £81,000. We had an absurd situation in which a criminal was representing a criminal, which brings the legal system into disrepute. Will the Minister look into the actions of the Bar Standards Board and consider mandatory suspension for those guilty of serious crimes?
Order. My firm impression is that this matter is currently sub judice and, if I am correct in that surmise, I know that the Minister will exercise his customary lawyerly caution, and it might well be that silence is the best policy.
I shall indeed be cautious, Mr Speaker, but I can say that I certainly agree with and understand my hon. Friend’s concerns. This is a regulatory matter, rather than a legislative loophole, but we are in contact with the BSB about it.
The service is under pressure because of an increase in appeals, but I am very pleased to say that in five of the past six months more appeals have gone out the door than have come in.
Last week I met the family of Jake Hardy, a 17-year-old with learning difficulties who died last week after hanging himself in Hindley young offenders institute. The family tell me that Hindley was aware that Jake had been a victim of systematic bullying, was of low mental capacity and had self-harmed earlier in the week, yet it declined to place him on suicide watch. What steps will the Minister take to ensure that the full facts of the case emerge, and what will he do to prevent another family from feeling the grief felt by the Hardys?
Order. Again, I rather suspect—I am not a lawyer, and I say that as a matter of some very considerable pride, but as far as I am aware—the question is likely to be sub judice. I do not criticise the hon. Gentleman, but I exhort the Minister to be characteristically cautious in his response.
I am grateful, Mr Speaker. The case has been referred to several times in the course of today’s questions, and I do not have anything more to add to the answer that I have given. The hon. Gentleman knows that I am seeing the chairman and the chief executive of the Youth Justice Board later on today, and the case will of course be on the agenda for our discussions.