Guantanamo Civil Litigation Settlement

John Bercow Excerpts

Tuesday 16th November 2010 Commons Chamber

[Several hon. Members]

rose—

[Mr Speaker]

Order. There is much interest in this subject, and immediately afterwards we have a ten-minute rule motion followed by the first day in Committee of a very important constitutional Bill, so there is a premium on brevity from Back-Bench and Front-Bench Members alike.

[Richard Ottaway (Croydon South) (Con)]

Having been a member of the Intelligence and Security Committee for the past five years, I have reached the uncomfortable conclusion that if there is not to be a total breakdown in the intelligence-sharing relationship with the United States, my right hon. and learned Friend has reached the right conclusion. However, does he agree that he must now find a way of conducting such litigation without compromising national security? Has he considered expanding the scope of the Green Paper from civil cases to criminal cases?

Legal Aid and Civil Cost Reform

John Bercow Excerpts

Monday 15th November 2010 Commons Chamber

[Several hon. Members]

rose—

[Mr Speaker]

Order. I have been hanging on almost every word of the right hon. and learned Gentleman for at least the past 13 years, if not for some time before that. Today, his statement was a little in excess of the usual required time, and I shall allow for that, of course, in the shadow Secretary of State’s response.

[Sadiq Khan (Tooting) (Lab)]

I am grateful to the Lord Chancellor for giving me advance sight of his statement, and I note his apology at the beginning of it. One must admire the mind-reading ability of senior journalists at The Sunday Telegraph and The Times. It was a huge discourtesy to the House, but it provided the advantage of 24 hours’ notice of a statement to be made on the Floor of the House. I am grateful to both Patrick Hennessy and Simon Coates for their ability to do just that.

The Green Papers on cutting legal aid and reducing civil costs are among the most important that the Government have published to date. Legal aid is one of the pillars of the welfare state, and was set up by the Labour Government after the second world war. It plays a crucial role in tackling social exclusion, especially in hard times such as now. It ensures that everyone may have access to justice, regardless of their means. Under successive Governments, the legal aid budget has grown to the point where it now stands at more than £2 billion. That is not sustainable, especially in the current economic context.

I have six questions for the Lord Chancellor. The previous Labour Government had moved to cap the legal aid budget, and to reduce it. We also planned to turn the Legal Services Commission into an Executive agency. Do the Government have any plans to introduce legislation to achieve that aim?

In recent years, we brought the principle of fixed fees into civil and family legal aid cases, introduced means testing into magistrates and Crown courts, and on the very day that the general election was called we signed off on cuts to advocates’ fees in the higher courts. We took these decisions because we recognised the need to reduce the legal aid budget. It is worth reminding the House that many of our actions were taken in the teeth of opposition, from both the legal profession and Conservative and Liberal Democrat Members. I am looking forward to hearing their contributions to this debate.

Let me be clear: had we been in government today, we, too, would have been announcing savings to the legal aid budget. That is a reality that we all have to acknowledge. The crucial questions are: where to make those savings, and how to spend the money that is left available. What equality impact assessment has the Lord Chancellor undertaken of the proposals? Our policy was—and is—to control the legal aid budget and get value for money for the taxpayer, while optimising services for people who need support the most. That is why we concentrated much of our investment on social welfare legal aid. Legal aid delivered has the power to change lives and save money. The housing possession court duty scheme, for example, saved thousands of people from repossession. It delivered a social and financial good. Are the Government committed to preserving that and similar schemes?

What balance do the Government intend to strike between civil and criminal cases? Can the Lord Chancellor explain why he is proposing more severe cuts in civil and family legal aid than in criminal legal aid? Can he say whether he agrees with the Attorney-General, who said that

“legal aid is no longer available for a large number of people who ought to be entitled to it”?

If so, in what areas does the Lord Chancellor intend to expand the provision of legal aid?

We will carefully consider the Green Paper on legal aid and the equally important paper on Lord Justice Jackson’s review of civil legal aid costs before we respond in further detail. I would note, however, that Sir Rupert Jackson argued against cutting the legal aid budget, and the Lord Chancellor has decided to ignore that view. In conclusion, the basic test that we will apply in both cases is whether the proposals will deliver a saving to the public purse while ensuring that no one is denied access to justice because of their means.

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[Several hon. Members]

rose—

[Mr Speaker]

Order. I have also been hanging on almost every word spoken by the right hon. Member for Blackburn (Mr Straw) for the last 13 years, but now I know what is meant by those who say that lawyers are paid by the word.

[Mr Clarke]

We are working on incentives to stop them from being paid by the word outside the House, Mr Speaker.

I am grateful to the right hon. Member for Blackburn (Mr Straw) for what he said. We both know that any responsible Government who had won the last election—any parties that had taken office—would have cut the legal aid bill. I think we should all remind ourselves of that, because, as we know, all kinds of lobbies outside who are adversely affected will start coming to us and telling us that the whole spirit of British justice is being undermined by the threat to their particular activities. We simply have to do this, and I hope that we can achieve a fair consensus on the sensible way in which to proceed.

The question of cases in which people do not plead guilty early enough is very serious. I hope we will ensure that we remove perverse incentives from the system, if they exist. The sentencing proposals that I shall present will recommend further inducements to people to plead guilty at an early stage—not only in order to save money and prevent time from being wasted, but in order to prevent victims and witnesses from fearing that they will have to attend court and give evidence, when that is actually a waste of time because the defendant will plead guilty in the end.

As for the question of either-way cases and those who opt for jury trial, I am afraid that I am one of the many Members who do not agree with the right hon. Gentleman that we should address it. I have always been a firm defender of the principle that anyone has the right to opt for jury trial, and the House has resisted any attempt to erode that right in recent years. The last Government’s attempt to change the position was defeated in the House of Lords during the last Parliament, and my party was elected—as, indeed, were the Liberal Democrats—on the basis of a firm commitment to retaining it. It is not just that I do not want to throw myself on the spears; I genuinely agree with those who believe that we should not alter the current ability to opt for jury trial.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 19th October 2010 Commons Chamber

[Andrew Griffiths]

And will he urgently bring forward proposals to tackle the problem?

[Mr Speaker]

Order. The hon. Gentleman is testing the knee muscles of his right hon. and learned Friend.

[Mr Clarke]

I was compelled by my hon. Friend’s first question and I had not thought that there was more to come. As he said, we must move away from the overuse of drugs and methadone maintenance, and aim at detoxification and returning people to a condition in which they might stay out of prison. Methadone maintenance is sometimes necessary when dealing with people who are seriously addicted when they enter prison. If people are serving a very short-term sentence, there is not much more we can do than maintain them on methadone.

However, the Ministry of Justice is looking, with my right hon. Friend the Health Secretary, to see what can be done in the context of his health reforms to deal more constructively with the huge problem of drugs offenders and crime. As I said, more than half the people whom we admit to prison are believed to have a serious drug problem when they arrive, and some who enter drug-free become addicted while there.

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[Mr Clarke]

I agree entirely. It is all part of what we hope to do on rehabilitation. In addition to tackling prisoners’ problems inside prison, we have to look ahead and almost certainly join up with the community mental health services providing support for prisoners when they are released. That will be an important part of ensuring that the reforms we are carrying out to the prison service and the criminal justice system are properly tied up with my right hon. Friend the Secretary of State for Health’s important reforms to the future shape of the NHS.

[Mr Speaker]

Order. May I gently encourage the Secretary of State to look at the House when he addresses us?

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[Mr Clarke]

I hope that the right hon. Gentleman is not going to follow his predecessors in making a great policy point about a target for the number of people in prison, because there is no evidence that that does any good to anybody. We do have to—[Interruption.] The present numbers are enormous compared with the numbers when we were last in office. There are 20,000 more people in prison than there were when we last had a Conservative Home Secretary in charge. We are looking at what works, and what protects the public. Prison must be used for those for whom it is essential, but it is simply not the case that prison is the only way of dealing with all offenders. Once we have punished people and given others a break from their activities, the key thing is to do more than the present system does to reduce the risk of their reoffending and committing more crimes against more victims, to which the present system almost condemns us. More than half of prisoners—

[Mr Speaker]

Order. I am grateful to the Secretary of State, but we now need shorter questions and shorter answers.

[Karl Turner (Kingston upon Hull East) (Lab)]

10. What plans he has for future funding of Victim Support homicide service teams.

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[Mr Djanogly]

We have some good English models too. Family mediation can be quicker, cheaper and less stressful, and provide better outcomes, than contested court proceedings. We know that informing people about mediation helps them to understand how it can enable them to avoid long-drawn-out cases. I am pleased to report that the issue forms part of the Norgrove review, which we will follow with great interest.

[Mr Speaker]

I call Chris Leslie. He is not here, so I call Mr David Winnick.

[Mr David Winnick (Walsall North) (Lab)]

How many of those who were seriously injured in the 7/7 bombings are still waiting for compensation? Presumably the Department has some responsibility in that regard. As for the claims that have been finalised, is the Secretary of State aware that there is a good deal of dissatisfaction among those who have received inadequate sums, in view of the serious injuries inflicted by the mass murderers?

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[Several hon. Members]

rose—

[Mr Speaker]

I am sorry, but we must cut things off there; as usual, demand has exceeded supply.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 20th July 2010 Commons Chamber

[Mr Blunt]

I am grateful to my hon. Friend. Of course, it is a delight to offer a tribute to the greatest parliamentarian of the 20th century. Right hon. and hon. Members should note that today is precisely the 100th anniversary of one of the great speeches on prison reform, given by Winston Churchill while he was in his Liberal phase. I am delighted that I will mark that anniversary by speaking to the National Association for the Care and Resettlement of Offenders. I am sure, Mr Speaker, that you will allow me to use the final phrase of that speech 100 years ago, when Churchill said:

“an unfaltering faith that there is a treasure, if you can only find it, in the heart of every man—these are the symbols which in the treatment of crime and criminals mark and measure the stored-up strength of a nation, and are the sign and proof of the living virtue in it.”—[Official Report, 20 July 1910; Vol. 19, c. 1354.]

Those are measures that we will live up to.

[Mr Speaker]

We are very grateful, but I think that it sounded a bit better from Churchill.

[Chris Bryant (Rhondda) (Lab)]

And I should say that the people of the Rhondda remember Churchill’s period in relation to the Tonypandy riots. However, the Lord Chancellor has responsibility for marriage law, and he will know that the law forbids civil weddings from including religious readings or music, even though many people who are not able to get married in church or who do not want to do so would like to have such readings. The Government say that they will allow that for civil partnerships, but not for civil weddings. Can we not have a little more equality for heterosexuals?

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[Several hon. Members]

rose—

[Mr Speaker]

Order. I am afraid that all good things come to an end.

Police Grant Report

John Bercow Excerpts

Wednesday 14th July 2010 Commons Chamber

[Nick Herbert]

rose—

[Mr Speaker]

Order. Before the Minister responds, may I say, first, that I hope the hon. Lady will now have an opportunity to breathe, which would be a very healthy thing; and secondly, that I encourage Members who intervene to bear in mind that the total duration of the debate is three hours?

[Nick Herbert]

I strongly agree with my hon. Friend. Of course there are greater opportunities for the 43 forces to share services and to procure collectively. I will say more about that later, if she will forgive me.

I promised, perhaps unwisely, to give way to my hon. Friend the Member for Shipley.

Legal Aid Payments

John Bercow Excerpts

Thursday 17th June 2010 Commons Chamber

[Mr Speaker]

Order. May I ask the Secretary of State to turn to address the House? I want to hear his mellifluous tones.

[Mr Clarke]

Amongst many others, Mr. Speaker, so I will certainly address the House.

I agree with the hon. Member that the main problem now is the vulnerable clients up and down the country. We think that there is a wind-off process going on; Refugee and Migrant Justice is still, of course, entitled to be paid for the work going on, but I have asked the Legal Services Commission to pay very strong attention to that. My hon. Friend the Under-Secretary will be giving more attention to that today, to make sure that there is no problem occurring. Certainly one of us will meet the hon. Member and other interested Members, although we may have to take advice on whether we can properly meet them in the middle of the bidding process. This is complicated by the fact that we were in the middle of a bidding contest, which means that one cannot suddenly divert lots of money to one of the bidders.

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[Several hon. Members]

rose—

[Mr Speaker]

Order. May I appeal to Members for short questions and short answers? I remind the House that we have business questions to follow, as well as two further statements and a heavily subscribed debate.

[Bob Russell (Colchester) (LD)]

I was extremely disappointed by the statement. Complacency seemed to be there; the good samaritan was certainly not. On behalf of those who worked out of the Ipswich office, and in the absence of any other east of England Member wishing to speak, may I ask the Secretary of State to confirm that Members of Parliament who represent predominantly urban seats will find that their work load increases as a consequence of the situation?

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[Stephen Mosley (City of Chester) (Con)]

I think that part of the problem is that this is not an isolated situation. One of my constituents is owed £11,000 from the past financial year by the LSC. Yesterday, I received an e-mail from the policy consultant of NAGALRO, the professional association for family court advisers and independent social work practitioners, to say that some of its workers are owed more than £15,000 from the previous year—

[Mr Speaker]

Order. May I gently say to the hon. Gentleman—he is a new Member and these things take time—that an urgent question of this kind is narrowly focused on a particular organisation operating in a given area and that questions and answers must be confined to that? We have heard the hon. Gentleman, and I call the Secretary of State to make a brief reply.

[Mr Clarke]

We have inherited a few problems in this area, and we are reviewing policy, so I will take on board the very helpful comments of my hon. Friend the Member for City of Chester (Stephen Mosley).

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[Several hon. Members]

rose—

[Mr Speaker]

Very briefly from now on.

[Liz Kendall (Leicester West) (Lab)]

Will the Secretary of State provide me and other Members who have a real interest in this issue with regular updates on what is happening? I appreciate his offer to meet us, and the fact that he says he is working to make sure that people have the representation they need meanwhile, but we need that information, too, so that we can share it with our constituents and the organisations involved in providing help and support to asylum seekers and people with immigration cases.

Oral Answers to Questions

John Bercow Excerpts

Tuesday 15th June 2010 Commons Chamber

[Mr Blunt]

rose—

[Mr Speaker]

Order. On the probation service, Minister.

[Mr Blunt]

I can guarantee that the probation service will not be led by the Ministry of Justice on any further refurbishments. I think that we have had enough refurbishments inside the Department for the time being and that we have an office that is perfectly fit for purpose.

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[Mr Blunt]

Plainly, this issue is not new, and there have already been reviews of how drugs get into prisons. We are going to examine this matter and, as I have said, it will be a priority of mine. I am minded to try to ensure that prisoners have the opportunity to get on to abstinence-based programmes successfully and safely, within the prison estate, and to ensure that they do not get knocked off course by the availability of illegal drugs in our prisons—

[Mr Speaker]

Order. I am sorry to interrupt. It is understandable that Ministers should look backwards at those questioning them, but they must face the House.

[Mrs Jenny Chapman (Darlington) (Lab)]

Seventeen-year-old Ashleigh Hall, who lived in my constituency, was murdered last year by Peter Chapman, who is now serving a life sentence. While in prison, Mr Chapman has been writing to Ashleigh Hall’s parents and family. Does the Minister think that that is acceptable?