Independent Public Advocate
Steve Reed Excerpts(1 year, 9 months ago)
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Steve Reed (Croydon North) (Lab/Co-op)
I thank the Secretary of State for advance sight of his statement. For decades, the Hillsborough families fought for justice and for the truth about how 97 innocent children, women and men were unlawfully killed in wholly avoidable circumstances. They faced a cover-up by public authorities that hid the truth and blamed the victims. Those brave families did more than seek justice for their loved ones; they sought to shine a light on what had gone so tragically wrong, because that is how we learn how not to make the same mistake again, but it should never have taken more than three decades.
I was in Sheffield on that fateful day in 1989, just a mile or so from Hillsborough, with a junior doctor friend who was called back to the hospital to treat the victims and deal with the aftermath, so I vividly remember the horror of what we heard unfolding from the football stadium. I pay tribute to those families for their long struggle for justice and to those who have spoken up for them, notably: my right hon. Friend the Member for Garston and Halewood (Maria Eagle); my hon. Friend the Member for Liverpool, West Derby (Ian Byrne); the former Prime Minister, the right hon. Member for Maidenhead (Mrs May); Lord Wills; and the Mayor of Manchester.
Today is a chance to balance the scales of justice and give those victims the voice that they need and the power to make it heard, but it is a chance that the Government have missed. Their proposals do not go far enough and will be too weak, as they stand, to prevent future cover-ups. The public advocate needs to be a fully independent, permanent figure that is accountable to the families, not a panel of advisers appointed as a signposting service by the Government if they see fit.
It is critical that the public advocate has the full power of data controller, not just the power to make representations, as we heard from the Secretary of State. That means having the power to access all data, communications, documents and other information to torpedo cover-ups before they even happen. We know from the Hillsborough Independent Panel that the existence of such powers would be a massive deterrent to future cover-ups.
Will the Secretary of State reconsider and establish a fully independent public advocate? Will he agree to give it the full power of data controller from the start? That matters immensely because without control over the data that can expose the truth, there can be no transparency, and without transparency, there can be no justice. How many more tragedies will it take to wake the Government up? How many more lives need to be lost?
Labour is committed to real change. In government, we will establish a fully independent public advocate that is accountable to survivors and victims’ families. We will arm it with the power it needs to access documents and data to expose the truth about what went wrong, and, importantly, to stop cover-ups before they happen. That will be part of a Hillsborough law with teeth that will also give victims’ families access to legal aid and impose a duty of candour on public officials. We will do that because we believe that victims must be at the heart of the justice system and that they must have a voice and the power to make it heard, and because we understand that a system that fails to learn from its mistakes is doomed to repeat them.
Dominic Raab
I thank the hon. Gentleman for his partial welcome of the announcement. I listened carefully to what he said. We share, and I personally share with him, the commitment and desire to set up the most credible advocacy for the bereaved, the victims and the families. I am very happy to work with him and hon. Members on both sides of the House on the detail, but I do not accept his characterisation.
The hon. Gentleman said that the IPA was not independent, but in fact it will be decided on the basis of consultations with the victims and the bereaved. That must be right to make sure that we have the right range of experts to deal with the particular circumstances of the tragedy in question. It would act on their behalf; it would not act on behalf of the Government.
The hon. Gentleman has referred to data controller powers. I understand exactly the point he makes, and as I said in my statement, it is important that there will be consultation with the families. The IPA will be able to consult with a putative independent inquiry, but the hon. Gentleman has to recognise that the independent inquiry will have many of those powers itself. Therefore, how would he reconcile that with duplicated powers in the IPA? However, this is something that we should talk about—I know it is an issue that has been raised by the right hon. Member for Garston and Halewood. We want to get this right, but what we risk is a conflict of functions, which is something we would all want to avoid.
The hon. Gentleman also mentioned other measures, such as the duty of candour. That is a broader issue for the Government’s response to the wider Hillsborough report, which is expected in the spring. I know it has been a long time coming, but it is right to deal with those broader issues. Although the IPA is only part of the redress and the accountability, I felt that we were in a position to not just bring forward the policy announcement but in due course, very shortly, to be able to say something about the legislative vehicle. Because this is such an important issue for the bereaved, the victims and the families, I felt it was right to do that now, not wait any longer.
Oral Answers to Questions
Steve Reed Excerpts(1 year, 11 months ago)
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Steve Reed (Croydon North) (Lab/Co-op)
There were a quarter of a million violent assaults inside prison over the last decade. Last year alone, over 8,000 weapons were found inside prison. Does the Secretary of State accept responsibility for the fact that violence is now rife in our prisons?
Dominic Raab
I do not accept that categorisation. What I would say is that we have introduced a whole range of measures, from drug testing to X-ray scanners, and we are now seeing enforcement picking up contraband which, frankly, was not being dealt with before. Last year, the hon. Gentleman criticised the funding we are putting into X-ray scanners. I wonder whether he will now withdraw those remarks.
Steve Reed
I wonder whether drug testing is working, because drug abuse in prisons has shot up by 400% since the Conservatives came to power. Last year, crack cocaine was found being manufactured in cells inside Sudbury prison. Rising violence, rising drug abuse—does the Justice Secretary admit that the Government have lost control of our prisons?
Dominic Raab
No, and as I announced just a few moments ago we are introducing more scanners so that we detect, pick up and stop the flow of contraband into prison, whether drugs, mobile phones or weapons. We also have a step change in the approach to drug treatment. For example, we have fewer heroin addicts dumped on methadone indefinitely, and more drug recovery wings and more incentivised wings for substance-free living. That is the way to sustainably get offenders off drugs, and it also links in with all the work we are doing to get offenders into work.
Tributes to Her Late Majesty The Queen
Steve Reed Excerpts(2 years, 3 months ago)
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Steve Reed (Croydon North) (Lab/Co-op)
We have heard some really wonderful anecdotes and stories of Members’ meetings with Her late Majesty the Queen. For most people who met her, those moments would have been more fleeting, but they lodge in the memory because of the huge importance the Queen has played in our life as a nation and our sense of who we are.
I first saw the Queen as a schoolboy during a silver jubilee walkabout in Windsor, feeling so excited, as so many other children would have done over the years, simply to snatch a photograph of her with my little plastic camera; it would be an iPhone today, of course. Another time was when she came to open the Lambeth Academy in Clapham. The students were beside themselves with excitement that the Queen had come to visit their school.
It is through these little moments that the Queen has been a constant presence that lit up our lives for as long as most of us have been alive. The stability of her presence eased our country through periods of drastic change as Britain moved from being the centre of an empire to becoming the modern, diverse and more inclusive country that we know and love today.
She really was, in T. S. Eliot’s words,
“the still point of a turning world…where past and future are gathered.”
My constituency of Croydon North is one of the country’s most diverse, and people who have come to it from the Commonwealth feel a special bond with Her late Majesty, as a connection between their past and their future. Many others who arrived from outside the Commonwealth would consider their citizenship ceremony, in which they swore allegiance to Her late Majesty, to be among the most important moments of their lives.
During the platinum jubilee celebrations, we saw a great outpouring of love for Her late Majesty in Croydon North, as elsewhere, when our diverse communities came together to celebrate a woman who united us as a community and as a country as nothing and no one else could do. Her loss will be felt keenly and personally.
Three months ago, my father died. The next day, a rainbow appeared over his house, which we took as a sign that he was at peace. I take the rainbow that appeared over Windsor castle in the same way: a sign that Her late Majesty has been taken into the arms of God and found her eternal peace. On behalf of the people of Croydon North, I offer my deepest thanks to Her late Majesty for a lifetime of service, my condolences to the royal family on their loss and my loyalty to our new King, Charles III, as he ascends the throne to meet his destiny and ours.
Oral Answers to Questions
Steve Reed Excerpts(2 years, 7 months ago)
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Mr Speaker
Order. I call the shadow Secretary of State. That is too long an answer.
Steve Reed (Croydon North) (Lab/Co-op)
We have heard a lot of complacency from the Government Benches on this issue. According to the Minister’s own Department, community payback offenders now carry out 75% fewer hours of unpaid work compared with five years ago. On average, 30,000 offenders get away without completing their community sentences every year, and now we hear the Government are letting criminals finish their unpaid work sentences at home. Why have they gone so soft on crime that they are letting those criminals get away with it?
Kit Malthouse
It is not the case that community sentences can be completed using those hours, but I am sure the hon. Gentleman will understand that, during the pandemic, with the restrictions placed upon us, we had to find a way to allow offenders to complete their sentence in a satisfactory way. We have systems in place to make sure the jobs are done rigorously to time and, as I have said, we will be winding down that project.
Steve Reed (Croydon North) (Lab/Co-op)
Voters in Wakefield are furious that the Conservative party ignored a victim of child sexual abuse and allowed his paedophile abuser to become their MP. Will the Justice Secretary back an independent investigation into why his party failed to act on what this courageous victim told them?
Dominic Raab
Can I just say to the hon. Gentleman first of all that to politicise a case that has been subject and potentially remains subject to judicial proceedings is quite wrong? If he wants to talk to the voters of Wakefield about the choice at the upcoming by-election, it is a choice between Labour, which is weak on crime, and us. Violent crime has fallen by more than half since Labour was in office. We can talk about tougher sentences for dangerous sexual and violent offenders, which he voted against. We can talk about reoffending, which is lower than it was under Labour, or we can talk about funding for victims, which we have quadrupled since the last Labour Government.
Parole System: Public Protection
Steve Reed Excerpts(2 years, 8 months ago)
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Steve Reed (Croydon North) (Lab/Co-op)
I thank the Secretary of State for advance sight of his statement earlier today. It is hugely timely, given the disturbing news about the potential release of Baby P’s killer. I fully support the Secretary of State in seeking a review of that. In broad terms, I welcome his statement too. It is crucial that public protection is paramount and that victims are right at the heart of the criminal justice system. Currently, too many victims feel that their views are not taken sufficiently into account, either in parole decisions or in sentencing, and that leads directly to public safety concerns, which must be taken more seriously. Labour will put public safety at the core of our contract with the British people. Sadly, the same cannot be said of this Government.
It is less than two months since the convicted sex abuser Paul Robson walked out of a low-category open prison in Lincolnshire. After he escaped, the public were warned that Robson was a serious danger to women and children. He clearly should never have been in a low-security prison in the first place. The Parole Board made that recommendation, but it was the Secretary of State who approved it. He or his predecessors already had the necessary powers, they just did not use them. So what will stop him making serious mistakes like that again when he exercises his new check and oversight powers in, potentially, hundreds more cases? Labour wants victims to have the right to make a new personal statement saying how they would feel if the prisoner is released. We would like any assessment of the risk to the public to include the risk of re-traumatising the victim, and to prevent released prisoners from living near their victim if that is against the victim’s wishes. Will the Secretary of State consider those additional proposals?
The appalling decision to release the multiple rapist John Worboys was only stopped after the Centre for Women’s Justice sued the Government, using rights established by the last Labour Government. Sir Peter Gross’s review made sensible proposals to improve these rights, including the UK’s margin of appreciation over interpretations we would all object to. But the Secretary of State will be throwing the baby out with the bathwater if he uses that concern as an excuse to take away British rights that protect British people from dangerous criminals, as they did in that case. Too many victims of crime do not get a say over what happens to criminals because those criminals are never prosecuted in the first place. That is because this Conservative Government cut 21,000 police officers and still have not replaced them, despite imposing the highest rates of personal taxation for 70 years —that is 21,000 people with law enforcement experience that his party sacked, whom he might now approach to sit on parole boards, as he suggests.
The Secretary of State spoke about rape cases in this statement, but only 1.5% of reported rape cases ever make it to court. Those that do now take more than 1,000 days, on average, before the trial starts—these are the longest delays in British legal history. What message does he think that sends about public safety and public protection? Under this Government, prosecution rates for crimes including burglary, robbery, car crime and fraud are so low that they have, in effect, been decriminalised. There are so few police left that victims are told to fill in a form online and hardly any of them ever hear anything again. It is no wonder that the Government stand accused of going soft on these crimes. Does he recognise that letting criminals get away with crime damages public safety and erodes confidence in the justice system, which is something he is telling us this afternoon that he wants to strengthen? The Victims’ Commissioner has called on the Government to establish a new victims’ right to review. That would give victims the power to challenge decisions by the police and the Crown Prosecution Service not to prosecute or to drop prosecutions. The Secretary of State did not mention that in his statement, so will he tell us whether he intends to introduce proposals along those lines in future?
Public protection requires victims to be active participants throughout the criminal justice process, including in parole decisions. Their insights strengthen public safety and public confidence in the system. Today’s statement is a step forward and it recognises some of the Government’s mistakes, but it could have been bigger.
Dominic Raab
Let me start by thanking the hon. Gentleman for his support for the decision taken today in the Tracey Connelly case. I think he also gave wholesale backing to the reforms I set out in my statement, which is important. I want to welcome what I therefore hope will be cross-party support when we come to legislate for them; he cannot support the aims and then not will the means, and I hope that that becomes clear as we take the proposals through the House.
The hon. Gentleman asked about absconds, which is an issue of significant concern. I should say to him that between 2009-10 and today, the level of absconds from prisons has fallen to a third of the level it was under the last Labour Government. He might want to think a little about that before he makes unfounded assertions.
In fairness, the hon. Gentleman did ask about the case of Shane Farrington, who absconded on 24 March but was rearrested on 26 March. He is ineligible for a return to open conditions for two years. The hon. Gentleman made a point about our being empowered to do something; actually, that took place in October and I changed the rules in December, as I have made clear to the House.
I welcome what the hon. Gentleman said about the role of victims. We are making important changes and I welcome his support for them. I gently point out that, even before the spending review, the level of victims funding was three times the level it was at under the Labour Government. He talks about victims; our record is infinitely better, but we are restless to do far more.
More generally, the history of the reforms we are undertaking took place on Labour’s watch, because in 2008 Labour gave up the power to block the release of prisoners who had been sentenced to more than 15 years and then legislated to make the changes—in fairness, they were forced on that Government by the Human Rights Act—permanent. As a result, the number of those recalled on life licence skyrocketed, going up almost sevenfold. The hon. Gentleman should, then, have a little more humility about where the problem came from.
The hon. Gentleman criticised our approach to the Bill of Rights, but it is clear that we cannot pursue the reforms I have set out and reverse the challenges that were made under the Human Rights Act without our Bill of Rights. Again, the question for the Labour party is going to be whether it just wills the ends or is willing to back the means.
Last month, I picked up my copy of the Daily Mirror, as I do, and read through it. I read that the hon. Gentleman had said that under the previous Labour leader, the right hon. Member for Islington North (Jeremy Corbyn), Labour had appeared to care
“more about criminals than their victims”.
That is a greater measure of humility, but the hon. Gentleman should take a bit of responsibility for his record. He and the shadow Cabinet voted against extra funding for more police officers. They voted against the tougher sentences for dangerous offenders in the Police, Crime, Sentencing and Courts Bill—the kind of thing that would protect victims and the public. I am glad that, on this issue at least, the hon. Gentleman is showing that he is willing to support measures that will stand up for victims and protect the public. The proof of the pudding will be in how the Opposition vote when all the measures come before the House.
Oral Answers to Questions
Steve Reed Excerpts(2 years, 9 months ago)
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Steve Reed (Croydon North) (Lab/Co-op)
First, Mr Speaker, let me associate myself and my party with your comments earlier about PC Keith Palmer and others who died five years ago today.
The Intelligence and Security Committee’s Russia report states that under this Government, some UK law firms became “de facto” Russian state agents and played a role in
“promoting the nefarious interests of the Russian state”,
including oligarch’s assets. Will the Minister tell the House what he has done to stop UK law firms such as Debevoise & Plimpton, Cleary Gottleib Steen & Hamilton and Steptoe & Johnson acting as enablers of Russian criminals and the Kremlin?
James Cartlidge
As I set out very recently in my written answer to the hon. Gentleman, the rule of law means that everyone has a right to access legal representation. Legal advice is often necessary to ensure that those who are subject to sanctions fully understand and comply with the restrictions, but as I said to him, lawyers are required to follow strict procedures when transacting with sanctioned individuals. Those individuals are required to obtain a licence from the Office of Financial Sanctions Implementation to make payments for legal services, and lawyers should carefully consider whether their advice is helping the client to comply with the sanctions or is participating or facilitating a breach of those sanctions. To be clear, there are severe penalties for breaches, including fines and potential imprisonment.
Steve Reed
Given what is happening in Ukraine, there is an urgency about going further than the Minister outlined. Will he consider imposing sanctions on law firms that continue to act for the Kremlin and Putin’s cronies, whose looted wealth is funding Russia’s murderous war machine?
James Cartlidge
It was only on 20 January that the Backbench Business Committee brought before this House a debate on SLAPPs lawfare. I responded to that debate, and at the end I said the Government would be responding. Less than two months later, the Deputy Prime Minister came before the House with detailed proposals. Of course, a key part of this is the behaviour of law firms. Any action we take—we have to be clear on this; we are the Ministry of Justice—must be subject to the rule of law and must take a balanced approach, recognising that while we want to take action, it is a fundamental right to be legally represented.
Steve Reed (Croydon North) (Lab/Co-op)
Last week, the roof of Sheffield magistrates court fell in, delaying countless cases. A rape case was delayed when toilet water leaked into a courtroom at Maidstone Crown court in Kent. Survivors of rape already wait three years for their case to come to trial. How many cases have been delayed in total over the past five years because the Government have failed to fix crumbling courts?
James Cartlidge
I have given the hon. Gentleman a written answer detailing these points, but I am happy to write to him again. As I just said—it is crucial to stress this—not only is the backlog falling, but we want to go further. The key measures include legislation to increase magistrates’ sentencing powers; funding, with almost half a billion pounds in the spending review; and increased court capacity, with renewed Nightingale courts where appropriate. Increasingly, the biggest challenge is judicial capacity, but I am pleased to say that we are recruiting more full-time judges and allowing more part-time recorders to sit for more days. Importantly, having launched our £1 million recruitment campaign for our volunteer judiciary, the magistracy, we have had in excess of 20,000 expressions of interest.
Strategic Lawsuits Against Public Participation
Steve Reed Excerpts(2 years, 9 months ago)
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Steve Reed (Croydon North) (Lab/Co-op)
I thank the Secretary of State for advance sight of his statement—and so does everyone on Twitter. It certainly marks a major and welcome shift in Conservative party policy. When the Prime Minister was Mayor of London, he actively encouraged oligarchs to pursue vexatious libel claims through the British courts, and it is good to see some belated recognition today of just how wrong that was.
We are used to double standards from this Government when it comes to Russian dirty money. Senior Ministers, including the Prime Minister himself, partied with Kremlin-linked oligarchs even as their plundered wealth flooded into London. They buried the Intelligence and Security Committee’s Russia report instead of acting on the threats it exposed to our politics and to our democracy. The reason there has been an increase in this kind of lawsuit—what the Secretary of State called a “glaring inequality of arms”—in this country is that the Conservative party got itself hooked on the Kremlin’s dirty money. My right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) has worked bravely to expose the Conservatives’ increasing dependency on Kremlin-linked oligarchs. Can the Deputy Prime Minister tell us how many Conservative party donors have used a SLAPP to silence free speech?
These measures, welcome though they are, are too little, too late. Labour called on the Government to fix this problem way back in January. My hon. Friend the Member for Hammersmith (Andy Slaughter) demanded clearer guidance for judges, tougher regulation of law firms, and legislation to control costs so astronomical that no one can afford to stand up to Putin’s bullying billionaires. My right hon. and learned Friend the Leader of the Opposition demanded legislation two years ago.
The Conservatives’ track record is frankly problematic. They ignored the Leveson inquiry when it called for low-cost litigation for claimants and defendants in media cases. Instead, they sided with Putin’s oligarchs against British journalists and campaigners until it was far too late. The Secretary of State says that he wants to end abuses in UK courts by Putin’s cronies, but he is proposing a consultation that does not finish until 19 May. Has he made an estimate of how much these oligarchs will continue to abuse the current skewed system until then, as they attempt to hide their collaboration with the Kremlin? Let us be clear: their money funds Putin’s wars of aggression in Chechnya, Georgia, the Crimea, and now the rest of Ukraine. The Government must act much faster if they want to cripple Putin’s war machine and stop it slaughtering the children of Ukraine-.
The Secretary of State mentions the Solicitors Regulation Authority, but what penalties will be imposed on firms acting in these cases? What is the SRA doing to check that solicitors are doing proper due diligence on oligarch clients and the source of their wealth before helping themselves to a share of it? What action is he taking to stop law firms helping the Russian state to make money that helps to fund Putin’s war machine? Putting Putin “on notice” is not enough—the Government must end this corruption now.
Dominic Raab
It is a bit surprising, on an issue of such seriousness, that the hon. Gentleman resorted to making the usual partisan political points. Frankly, I think the House can rise above his partisan approach.
The hon. Gentleman says that this is too little, too late. In fact, in January, when he says Labour called for this, Justice Ministers had already made it clear that we were actively working on proposals. Indeed, I made that clear in the House in February. He referred back to 2018, or a couple of years ago. We had one case in 2018. As I said, this is now a burgeoning problem. Frankly, an element of “Captain Hindsight” seems to have crept along the shadow Front Bench.
In relation to the broader points that the hon. Gentleman makes about oligarchs, I set out in the House yesterday the scale and the level of sanctions that we have imposed—indeed, with cross-party support. We have led the way internationally.
The hon. Gentleman did not really make any substantive points about the consultation. [Interruption.] He did not really, actually—[Interruption.] The hon. Member for Bristol West (Thangam Debbonaire) is chuntering from a sedentary position. He did not really ask me anything—
Oral Answers to Questions
Steve Reed Excerpts(2 years, 10 months ago)
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Mr Speaker
So I can look forward to Chorley courts being reopened—excellent.
Steve Reed (Croydon North) (Lab/Co-op)
The average time between a victim reporting a rape and the case coming to trial has just hit a record high of more than 1,000 days, thanks to the Government’s courts backlog. Many rape victims live in fear of being confronted by their attacker if they have to wait so long for the case to come to trial. Can he tell victims why the delay in getting justice is still far too long?
James Cartlidge
The volume of convictions for rape has actually just increased, but I hear what the hon. Gentleman says about timeliness. As the Minister of State, Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) pointed out earlier, the backlog is now falling. It has fallen significantly in the Crown court, but of course we will continue to take steps to improve it. We have taken a whole range of positive steps to battle the backlog. Importantly, we have taken the Judicial Review and Courts Bill through the House: his party opposed it. We keep coming up with constructive measures to deal with the backlog, but the Opposition oppose them and fail to come up with any constructive suggestions of their own.
Steve Reed
I am afraid that to many victims who are waiting nearly three years for their case to come to trial that response will sound very complacent. The Bar Council has told the Government that their proposal to give magistrates more sentencing powers could make the backlog even worse because it would lead to more defendants choosing to go to Crown court, where there is already a very significant backlog. Are the Government making a bad situation worse because they do not have a clue what they are doing or because they have gone soft on crime?
James Cartlidge
We are not going to take any lectures on being soft on crime from a party that voted against our measures to toughen sentences for serious sexual and violent offences. Labour Members voted against that in the Police, Crime, Sentencing and Courts Bill, so we will not take any lectures. The key thing is this: we keep taking positive measures—we have mentioned the super-courts and the Nightingale courts—and they keep opposing them. They have not yet come up with a single constructive suggestion. We are putting the investment in place, with £477 million in the spending review. At some point the hon. Gentleman will have to come up with a constructive suggestion, not just carp from the Opposition Benches.
Oral Answers to Questions
Steve Reed Excerpts(3 years ago)
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The Minister for Crime and Policing (Kit Malthouse)
I do understand the concerns of the hon. Gentleman and obviously of the victim’s family. It was a dreadful crime, and I am obviously pleased, although it took some time, that the right person was put behind bars for it. As he will know, release at the halfway point is automatic. However, I am happy to write to him to outline what steps will be put in place to manage this individual in the community.
Steve Reed (Croydon North) (Lab/Co-op)
The Government have closed nearly 300 courts since 2010. One of them was Runcorn magistrates court, and two weeks ago the police found criminals using it as a cannabis farm. While 60,000 cases are still waiting to be heard because of a lack of court capacity, can the Secretary of State tell us how many other former courts are now in the hands of criminals, and does he regret that, under the Conservatives, courts that used to hand out justice now hand out spliffs?
Dominic Raab
I welcome the hon. Gentleman to his place. I look forward to working with him, where we can, constructively and usefully. However, if the Labour party wants to start suggesting that it is tough on crime, it needs to deal with its voting on police numbers and the mess that it has made of voting on tougher sentences. I remind the hon. Gentleman that we have trebled funding for victim support.
In relation to the courts backlog, as part of the spending review we are investing £477 million in the criminal justice system over the next three years. We have extended the Nightingale courts and removed the limit on the number of days for which the Crown court can sit this year. We are also using the cloud video platform, which enables 13,000 cases to be heard each year; this is an important lesson from the pandemic.
Steve Reed
I am grateful for the Secretary of State’s kind words, but I regret that he did not seem to quite answer the question, so let us see if we can do better with this one. BBC Radio 4’s “You and Yours” programme has exposed serious fraud relating to lasting power of attorney. A criminal was granted full control over a member of the public’s home and finances, and tried to sell her home without her knowledge. The fraudster was granted lasting power of attorney by the Office of the Public Guardian, after filling in an official form using fake names and signatures. Astoundingly, the Government do not require the Office of the Public Guardian to carry out basic identity checks on people applying for lasting power of attorney—
Mr Speaker
Order. We have to get this right. Topicals questions, by nature, mean short answers and questions. Both of you are taking the time of Back Benchers. If you really want to ask a question, do it early when there is more time. Please do not use up Back Benchers’ time.
Human Rights Legislation
Steve Reed Excerpts(3 years ago)
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Steve Reed (Croydon North) (Lab/Co-op)
I am grateful to the Secretary of State for advance sight of his statement, but the truth is that this country’s criminal justice system is in crisis. There are record backlogs and delays in the Crown courts, drug use by prisoners is out of control, and just 0.6% of rape cases reported by women and girls ever result in a charge. If the Secretary of State really wanted to restore confidence in the system, his priority would be sorting that out, but he is choosing to fiddle with the Human Rights Act instead of stretching every muscle and sinew to make sure that rapists and violent offenders are banged up behind bars where they belong.
Every time the Government are in trouble politically, they wheel out reforming the Human Rights Act. It is a dead cat distraction tactic by a Government who do not know how to fix the criminal justice system that they have broken and are desperate to divert attention from the corruption scandals that they started. This is little more than an attempt to wage culture wars because they have surrendered in the war on crime and corruption.
The Secretary of State says that he will restore the role of Parliament and the UK courts in interpreting rulings from Strasbourg, but they already have those powers under the margin of appreciation that gives national courts freedom to implement convention rights on the basis of local laws and custom, so he is offering nothing new. He is telling us today that it is not necessary to leave the ECHR to deport foreign criminals, so why have his Government done nothing about that in their past 11 years in office? A quarter fewer foreign criminals have been deported in the last year than in the previous year, so it is clearly not the Human Rights Act that is preventing foreign criminals from being deported; it is this incompetent Conservative Government.
The Secretary of State has become so overexcited by his empty rhetoric that he has missed warnings from senior figures in the intelligence services telling him that his reforms could actually make it harder to deport foreign criminals, including terrorists. They warn that, if the Government go too far in raising the evidence threshold a person must prove to claim that deportation would disrupt their family life, that could affect the ability of MI5 and MI6 to provide evidence in secret to the relevant courts and lead to more cases going directly to the European Court, where evidence cannot be submitted in secret. Perhaps this is the level of detail that we should expect from a Secretary of State who does not know that the police can investigate crimes a year after they are committed—even in Downing Street—but is he really prepared to stand by as cases collapse and terrorists walk free?
These proposals are all mouth and no trousers. They do nothing to deal with the severe failings in the criminal justice system, they repatriate no powers that are not already based here, and, astoundingly, they actually threaten to make it harder to deport the most dangerous foreign criminals, including terrorists. Labour will always defend the human rights of the British people to live in freedom, safety and security, but we face a Conservative Government who are high on tax, soft on crime and desperate to distract from their political failings. If the Secretary of State really wants to restore trust in the criminal justice system, his priority should be to fix it and bring wrongdoers more swiftly to justice. If he is prepared to ditch the empty rhetoric and political posturing, I will offer him my party’s full support in doing that.
Dominic Raab
I thank the hon. Gentleman for his response. I read his remarks, which were quoted in the early hours of this morning, before we had published our consultation and hence before he had read the proposals in it. He accused me of merely tinkering with human rights and, in the next sentence, of ripping human rights to shreds. That is an impressive feat of flip-floppng in a single press statement, but I think it highlights the fact that the Labour party, or at least its current Front Bench, has absolutely nothing to say about this issue.
The hon. Gentleman talked about rape. We have published scorecards and in the new year we will publish local scorecards, which will highlight various points where the challenge is so we can tackle it. We have published a consultation on a victims’ law. We are rolling out section 28 of the Youth Justice and Criminal Evidence Act 1999 to allow pre-recorded evidence from rape victims, and Operation Soteria is being piloted to bring about a better approach on the part of police and prosecutors. In fact, we are doing all the things that the hon. Gentleman mentioned. If he wants to be tough on criminals, as he claims, he should have supported our Police, Crime, Sentencing and Courts Bill. If he wants to come down hard on drug dealers and serious offenders whom we should remove from this country, he should back our proposals to allow them to be deported.
The hon. Gentleman asked about security, and seemed to warp even the ludicrous reports about it that have appeared in the papers. Let me be absolutely clear: the reforms that we propose would strengthen our ability to deport foreign national offenders, and the reason we have faced a challenge is Labour’s Human Rights Act. If he looks at the data—if he is remotely interested in the facts—he will see that. We are not talking about deporting someone back into the arms of a torturing tyrant. I would not support that, and my party and this Government would not support it. We are not talking about article 3, but we are talking about article 8 and the right to family life, which makes up 70% of all successful human rights challenges. Let me quote to him what the architect of the Human Rights Act, Jack Straw, said:
“There is a sense that”
the Human Rights Act has become
“a villains charter”.
I have not used language like that. There is a sense and a genuine concern that terrorists are not being deported and that criminals are benefiting—that was from Labour’s own architect of the Human Rights Act.
The hon. Gentleman went on to criticise the approach we take to the Strasbourg Court. Let me read to him from one of the premium textbooks on the subject. The author said that the Strasbourg Court is primarily concerned with supervision and its role is subsidiary to that of the domestic authority. That author stated that it
“has no role unless the domestic system for protecting human rights breaks down”.
I agree with that, but it is not what we have in the Human Rights Act. That quote actually comes from the leader of the Labour party, in his seminal textbook on the subject back in 1999. I have to say to the hon. Gentleman that Captain Hindsight rarely makes predictions for the future, but on this occasion he did and he was proved right, and that is exactly what our proposals for reform will deliver.