Oral Answers to Questions

Tim Farron Excerpts

Tuesday 9th January 2024 Commons Chamber

[Alex Chalk]

I am grateful to my right hon. and learned Friend, who speaks with such authority. The circumstances are truly exceptional. When I was a Back Bencher, I went on the record as saying that Horizon is the most serious miscarriage of justice since the Guildford Four or the Birmingham Six. But the clue is that there were four in the Guildford case and six in the Birmingham case; we are talking about hundreds of people. The situation is truly exceptional and unprecedented, and it will need an appropriate resolution.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Under the Illegal Migration Act 2023, victims of human trafficking who arrived in the UK via irregular routes would not have legal recourse to receive support under modern slavery provisions. Are Ministers comfortable with that? They do not look like monsters, so I assume not. If they are not, what will they do about it?

[Mike Freer]

I will have to write to the hon. Gentleman and check exactly what the provisions are for legal aid under the Illegal Migration Act. I am more than happy to provide him with the details and meet him if necessary.

Victims and Prisoners Bill

Tim Farron Excerpts

Report stage
Monday 4th December 2023 Commons Chamber

I welcome the measures in this Bill. It is vital that we continue to crack down on these types of crimes in order to keep the public safe.

[Tim Farron (Westmorland and Lonsdale) (LD)]

I will restrict my remarks to speaking in favour of new clause 10, which stands in my name, which would create a new sewage illness compensation scheme to allow anyone who has been made ill as a direct result of criminal conduct by water companies to claim compensation.

I am indebted to Surfers Against Sewage, whose recent report found that, between October 2022 and September 2023, 1,924 water users reported illness after being in the water. This is just a glimpse of the true number of unreported illnesses. The amendment calls for these victims to receive some justice for the recklessness of water companies and other polluters. It would ensure that the profits of water companies pay for compensation for people who are made ill after bathing in water illegally contaminated by sewage. It would also make provision to pay for the medical evidence required to support a claim for compensation.

Of course, much of my motivation comes from the fact that it is my privilege to speak for the communities around the English Lake district. Indeed, at first glance, the latest Windermere bathing water results are positive, as all sites are classed as excellent. We are also encouraged by the progress made on Coniston becoming designated bathing water. Yet, as the report shows, 60% of all sickness reports were submitted from bathing waters judged to be excellent. This undermines people’s confidence in the ratings. Communities like mine, particularly those around Windermere, rely on visitors coming to enjoy the beautiful landscapes, as well as for swimming and other water sports. Even with the best ratings possible, there will be a detrimental effect on people’s livelihoods in our communities if a reputation is tarnished.

The report cites Steve Crawford from Scarborough, who was forced to close his surf shop for the whole summer because the water at South Bay beach was deemed to be too poor in quality to surf in. Steve could not give any surfing lessons because no one would go into the sea. His livelihood was ruined by that sewage spill.

In the past, the great north swim at Windermere has been cancelled because of algal blooms, and there are countless other stories of businesses struggling to stay afloat as visitor numbers drop. The report shows that when quality improves on beaches, visitor numbers can rise by up to 52%. In August this year, swimmers in the world triathlon championship series fell ill with E. coli after competing in the sea event off Roker beach in Sunderland. A chance for the world to see the UK as a sporting host was ruined by our inability to keep our waters clean.

The threat of sewage spills does lasting damage to the viability of many businesses but, more importantly, there is enormous personal damage to people’s health and wellbeing. Peter, a visitor to Windermere earlier this year, contracted a campylobacter infection after swimming in the lake. In the report, I refer to Robbie Bowman, who went into the sea in south Wales with a cut on his leg, which became infected by sewage in the water and he was hospitalised for a week. I also refer to Reuben, who had to give up his job as a teacher because he caught the incurable labyrinthitis after surfing in sewage-infested waters off Saunton beach in Devon.

In my own community, swimmers have come forward with parasitic infections and Weil’s disease in the past year. All of these shocking examples of sewage in waterways causing illness point to the reality of what chief medical officer Chris Whitty calls

“a serious public health issue”.

He is clear that the water companies are not doing enough, and that

“where people swim or children play, they should not expect significant doses of human coliforms if they ingest water”.

He says it will inevitably require investment, but it is not just a question of money; it needs

“preventive engineering, better sewer management, innovation, and commitment.”

The amendment should be the first in a series of measures to force the water companies to take responsibility for the decades of neglect they have overseen. Some 7.5 million hours of sewage have been dumped into our waterways over the last three years, and 450,000 hours of sewage have been dumped into designated bathing waters in England. What were the consequences? The top water executives in England were paid £73 million, including £41 million in bonuses, benefits and incentives. It is clear to anyone that these grotesque bonuses and payouts must be stopped until there is sufficient investment in our sewage system, and results are consistently seen in the improvement of the health of our seas, lakes and rivers. In most industries, bonuses are given out for doing a good job. For the water bosses, the opposite is clearly true and that must end.

Speaking on behalf of communities around Windermere, Coniston and Ullswater, the rivers Eden, Kent and Aire, and all the other wonderful waterways it is my privilege to represent, this issue is deeply personal. We should deliver justice for victims and ensure that there is an incentive for the water companies to clean up their act. I commend this amendment to the House.

[Richard Fuller (North East Bedfordshire) (Con)]

I commend the Minister for the excellent Bill and join Opposition Front Benchers in thanking him for bringing forward substantive amendments at this stage, rather than waiting to bring them forward in the other place. This is a good Bill. I will focus on victims of violent sexual crime and talk to my new clause 41, but first I will speak briefly in support of other amendments that I have signed.

New clause 19, proposed by my right hon. Friend the Member for Basingstoke (Dame Maria Miller), provides for a presumption of non-disclosure of counselling records for victims of rape and sexual assault, and it makes it clear, for the first time, that counselling is there to explore feelings, not as a source for revealing or investigating facts.

Four amendments are proposed by the hon. Member for Rotherham (Sarah Champion): amendment 15 would include in the victims code a requirement to inform all victims of their right to access pre-trial therapy; new clause 4 would place a statutory duty on the Parole Board to enable victims to make a personal statement; new clause 5 would require the compilation of single core data sets on victims of child sexual abuse, a crucial first step in promoting consistency and enabling a greater degree of insight into that terrible crime; and new clause 6 would require the Secretary of State to assess the adequacy of the number of independent domestic violence and sexual violence advisers. I do not normally support amendments that look for a report in six months, but in this case that is warranted to help give us, here in Parliament, confidence that the right priority is being afforded to such victims.

Taken together, the amendments proposed by the hon. Member for Rotherham would provide a significant strengthening of the rights of victims of sexual violence. I hope that the Minister will reflect positively on her intentions and ours, because they have cross-party support, even if he is not minded to accept them today. Given his earlier comments, I think he has some positive views about them.

I hope that extends to my new clause 41, which would, for the first time across the UK, provide for independent legal advice and representation for victims of rape and sexual assault. My new clause builds on the findings from the scheme trialled in Northumbria, under the leadership of the police and crime commissioners Dame Vera Baird and Kim McGuinness. The findings demonstrate that a significant proportion of requests for information for rape complainants’ private data were excessive; that those excessive requests had a significant impact on the wellbeing of victims; and that the legal guidance on the matter was not clearly understood, which led to wide variations in approach.

I believe a national version of the scheme, which could be created at reasonable cost to the taxpayer, would provide for greater confidence for victims as they go through what can be a highly intrusive and painful evidence-gathering process. There are international examples—this path has been trodden by others. There is guidance for it in Australia—in New South Wales—Ireland and, in total, in eight of 14 of the adversarial legal systems. I strongly urge the Minister to look at ways in which that could be put into the Bill.

Under my proposal, this access to independent legal advice would be provided to victims in six specified situations, so we are not creating an open door or a difference that would occur in other cases. That is important because decisions about how credible the victim is deemed to be are often what drive the decision to continue with a criminal case. That is not the case in many other sources of crimes. A national scheme providing victims of rape and sexual assault with independent legal advice and representation will ensure that victims’ rights are respected where their interests diverge from those of the police, the CPS and other criminal agencies.

My new clause 41 would ensure that victims, where appropriate, have access to legal advice that will give them the confidence that all that is being sought is all that is needed to enable a fair prosecution, and no more. The clause would provide a mechanism for accessibility and improve the quality, efficiency and consistency of investigations. I hope the Minister will look positively on this initiative.

Oral Answers to Questions

Tim Farron Excerpts

Tuesday 21st February 2023 Commons Chamber

[Damian Hinds]

Yes, indeed. It really is important work across Warwickshire, Coventry and Solihull. I join my hon. Friend in strongly commending John, Laura and the whole team of volunteers. I also very much welcome the news about the grant from the national lottery community fund, which will help Futures Unlocked to extend its support for ex-offenders to lead crime-free lives and help to ensure that communities are safer.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Does the Minister agree that education and training are absolutely crucial in preventing reoffending? If so, how does he account for the 90% reduction in the number of prisoners taking AS-level qualifications over the past 10 years? Will he address that Select Committee finding from just three years ago? Will he also address the fact that one in four people in the prison estate are care leavers? How will he target those who have been in care to ensure that they do not go into the prison system in the first place?

Rape and Sexual Violence

Tim Farron Excerpts

Tuesday 8th March 2022 Commons Chamber

[Tim Farron (Westmorland and Lonsdale) (LD)]

I pay tribute to Labour Front Benchers for calling this important debate on International Women’s Day. On a day when women and girls across the world have much to celebrate, it is a tragedy that we are talking about something so horrific, but it is right to do so given that we are where we are.

The awesome, inspiring and very moving address from President Zelensky is a reminder that sexual violence against women and girls is always a huge risk in war. Where a power ignores UN conventions and bombs the routes that refugees are taking out of cities, I am afraid we cannot expect that power to behave any better when it comes to respecting women and girls.

It is reckoned that 5 million people in England and Wales, principally women, have been victims of sexual assault. A third of girls aged 16 to 18 say they have experienced unwanted sexual touching at school. We have heard many Members say how the justice system lets down women and girls, too. There were an estimated 139,000 rapes in 2019-20, with fewer than 59,000 reported and only 2.4% resulting in a conviction. Every one of those statistics is a woman, a girl, an individual, a victim, and almost every one of those statistics is a woman, a girl, an individual, a victim who got no justice, which is an utter outrage.

Men often do not think about the impact of sexual violence on how women and girls think about the mundane things of everyday life. It feels like spring today but, when autumn comes around and the nights draw in, it is a mundane, perfunctory decision for women and girls to change their routes and practices of where they go, when they go and who they go with. That is somehow a normal way of managing their time and their life to cope with such utter wickedness. It fills me with shame, as a man, that we live in that kind of society, where it is not safe for women and girls to go about their normal daily lives. If we are not safe, we are not free.

What makes me, and women and girls, angry is that we see precious little action. I am trying to be sensitive in what I say here. In my time as a Member of Parliament, we have lost two precious colleagues in Jo Cox and David Amess, and we grieve them and miss them. The response of the authorities, the security services and the police to those horrific murders was to strengthen our security; we see police turning up at our surgeries, and I am grateful for that and it is welcome. The response to well-publicised appalling acts against women—rapes and murders—is what? It is the Metropolitan police taking action against the women who protest. It is this Government choosing not to make misogyny a hate crime when they had the option to do so. It is the failure of us all to tackle the attitudes among boys and men towards women—the hon. Member for Wantage (David Johnston) mentioned that—and the objectification of women, through films, TV and the internet. When some outrage happens and a woman is raped or murdered, people on the internet will say, “Oh, it is not all men.” Stuff that, every man has responsibility. Every man has a responsibility to check their own attitudes, reflect upon them and make sure that we seek—for ourselves and the young men we raise in this society—to be respectful towards women and see them as equal in every way.

On International Women’s Day, I want to take a moment to refer to the reality of our need to focus on the plight of girls around the world who are subject to, or at risk of, forced child marriage and the violence associated with that. It was my privilege earlier today to speak to Evi Gosden and Sheiba Aigiomawu from Compassion UK, whose work in educating girls and their families in countries such as Uganda so that girls are kept safe from the cruel practice of forced child marriage is so utterly important. I encourage Members and indeed anyone paying attention to this speech to support Compassion UK’s work, which is done via sponsorship of girls and their communities, and is hugely effective.

I will make a final, related comment. In many developing countries, women die in childbirth in greater numbers and more children do not make it past infancy. The child survival work of Compassion UK, supported by the UK Government through international aid—hooray!—runs the risk of not being renewed after December. Why is that? It is because of the cuts in international aid. It is no good us, on International Women’s Day, speaking up in favour of protecting women and girls here in this country or overseas if we will not match those words with actions that sometimes bear a financial cost.

Afghan Citizens Resettlement Scheme

Tim Farron Excerpts

Thursday 6th January 2022 Commons Chamber

[Victoria Atkins]

I know that this is an issue that is concerning many of our constituents. We have the safe and legal routes under the new plan for immigration, of which the ACRS and ARAP are a part. The family reunion rules will continue to apply, but I appreciate the difficulty that some are having in relation to still being in Afghanistan. That is why the work being done by the Minister for the Armed Forces, my hon. Friend the Member for Wells (James Heappey), is so important. It is through working with countries and regions that we will, I hope, be able to find other routes out, but we must emphasise to those individuals in Afghanistan that they will have a far better evaluation of their own safety and what they need to do to keep safe than I, sadly, can offer from the Dispatch Box today.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Back in the summer, when the Government announced the scheme, we were told:

“Priority will be given to women and girls, and religious and other minorities, who are most at risk of human rights abuses and dehumanising treatment by the Taliban.”

However, the Minister has just told us in her statement that women and children, LGBT people and people from religious minorities will not be able to apply until year two of the scheme. Back in the summer, they were a priority. Now, they will feel betrayed and abandoned to persecution or worse. Will she reconsider her decision?

[Victoria Atkins]

I am very happy to correct the hon. Gentleman. He will know that we have already flown over people who fulfil those criteria. For example, three cohorts of LGBT Afghans have now been helped by the Government and civil society partners to leave Afghanistan. The Government are working with Stonewall, Micro Rainbow and other LGBT charities to support those cohorts and help them to set up their new lives in the UK. The point about recognising the vulnerabilities of those who have already been flown to the UK is significant because the groups that he understandably highlights in his question are among those who have already been evacuated and who, as I have made clear throughout my appearances at the Dispatch Box and, importantly, in our statement of 13 September, would fall to be eligible under the ACRS.

Oral Answers to Questions

Tim Farron Excerpts

Tuesday 8th October 2019 Commons Chamber

[Mr Speaker]

The hon. Member for Westmorland and Lonsdale (Tim Farron) has been jumping up and down like Zebedee, so I think he will be inconsolable if he is not heard. Let us hear the fella.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Thank you very much, Mr Speaker.

Local families and police in the south lakes have been badly affected by the closure of Kendal court. Will the Secretary of State agree to meet me to ensure that we restore access to justice in the south lakes?

Road Safety and the Legal Framework

Tim Farron Excerpts

Tuesday 20th November 2018 Westminster Hall

[Ruth Cadbury]

My hon. Friend makes an excellent point. There are strong standards in certain industries, such as for those who drive coaches and buses, and I agree that there should be a similar standard in that area. That is the only way to ensure that employers are not forcing their employees or contractors to drive too fast in order to get the job done.

We cannot afford to be relaxed about road deaths and serious injuries. The UK’s road death rate is relatively low, but sadly it is levelling off rather than continuing to decline. The legal framework and our justice system need to send the message that road crime is a real crime, and that it is unacceptable to endanger other road users. When I learned to drive 40 years ago, my teacher told me, “Always expect the unexpected,” because even if it is the fault of the dog or the child who runs out between the cars in front of the driver, ultimately it is the driver who will be responsible for their death. My teacher taught me to always drive with that in mind, whatever the driving conditions. That does not always mean driving at 20 mph; it is about appropriateness and safety within the conditions of the road, and always expecting the unexpected.

As I say, the legal framework and our justice system need to send the message that road crime is a real crime. The Government have taken notice of that need, but more action is awaited. In May 2014, the then Secretary of State for Justice, who is now the Secretary of State for Transport, responded to the road justice campaign run by Cycling UK and Brake by announcing plans for a comprehensive review of road traffic offences and sentencing. However, after substantial delays to that review, the Government announced a consultation in December 2016 on a much more limited set of proposals. Those proposals included increasing the maximum penalty for causing death by dangerous driving or death by careless driving while under the influence of drugs from 14 years to life imprisonment, and introducing a new sentence of causing serious injury by careless driving.

After further delays, the Government published a report on that consultation in October 2017. It recorded support for the above proposals, but noted that concerns had been expressed regarding a lack of clarity about the distinction between “dangerous” and “careless”. In response, the consultation said, the Government would work with criminal justice practitioners and victims’ groups to examine ways of improving the information available through the criminal justice process. To the best of our knowledge, no such work has yet been undertaken.

In the meantime, in September 2017, the Department for Transport announced plans for a separate consultation on cycling offences, following the death of Kim Briggs, who died when hit by a fixed-wheel bike ridden by Charlie Alliston that illegally lacked a front brake. That consultation was launched in August this year. Confusingly, it was initiated by the Department for Transport, even though the previous motor offences consultation was announced and conducted by the Ministry of Justice. There was a large response to that consultation, indicating the level of concern about singling out cycling offences based on a single fatality resulting from irresponsible cycling, when the law fails so spectacularly in hundreds, if not thousands, of cases every year in which people are killed or very seriously injured by irresponsible driving. The law is neither clear nor consistent.

[Tim Farron (Westmorland and Lonsdale) (LD)]

The hon. Lady is making an extremely good set of points. I represent an area where walking, road running, horse riding and cycling are probably even more prominent than in the rest of the country. Since 2014, when action was first mooted, 1,800 people have died on the roads from all four of those categories and others as well. Does the hon. Lady agree that it is time to stop navel-contemplating and to start acting to protect people’s lives?

[Ruth Cadbury]

I absolutely agree with the hon. Gentleman. Above all, by not taking action, the Government are failing to take irresponsible people off the roads in the interests of public protection.

Are death and serious injury caused by driving a roads issue or are they crimes? I would say that they are crimes and that this issue therefore falls under the remit of the Ministry of Justice. I am therefore glad that a Justice Minister is responding today—somebody who I believe to be honourable and diligent in his work, as I saw as a member of the Select Committee on Justice.

As I say, there is a need for clarity and consistency about the distinction between dangerous and careless driving. There is a perception, particularly among victims of road crashes and their families, as well as among Members who have spoken in previous debates in this place, that public prosecutors too often favour prosecuting motorists who have caused a death or serious injury with the lesser offence of careless driving, for which they are more likely to gain a conviction than on the charge of dangerous driving. That is particularly the case because there is such a stark difference in the penalties for those offences. For death by dangerous driving, the maximum penalty is 14 years in prison, although I think the Government are minded to increase that to life in certain circumstances.

Oral Answers to Questions

Tim Farron Excerpts

Tuesday 10th July 2018 Commons Chamber

[Mr Gauke]

I thank the hon. Gentleman for his question. I point him in the direction of the female offender strategy, which we published a couple of weeks ago. One point that we argue in that is that, in many cases, custodial sentences are not the right approach, particularly for female offenders who, disproportionately, are sentenced to short sentences that disrupt their lives and do little to help them rehabilitate. If we can do more about helping in the community and, for example, making use of residential centres, we can help ensure that more female offenders get into work.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Eighteen months ago, a constituent of mine who had left prison just before Christmas and been through perfunctory training and employment introductions found himself out of prison and living on the street within 36 hours. Before the new year came round, he had committed another offence and been given another 12 months in prison. Will the Secretary of State commit to making sure that packages that are aimed at getting prisoners into work after prison actually work and are not perfunctory and that, from the day a person enters the criminal justice system, they are trained to live a fruitful life once they leave it?

[Mr Gauke]

I agree entirely with the right hon. Gentleman’s point. He highlights an example—a sad example, but not, I accept, the only one—where people, too quickly, go out of prison and commit a crime and are then set in a cycle of offending and reoffending. The system is not working for them or for society. The purpose of the education and employment strategy, which is implicit in his question, is an important point, and we must ensure that we implement it successfully. The purpose of that is to address this very issue.

Oral Answers to Questions

Tim Farron Excerpts

Tuesday 31st October 2017 Commons Chamber

[Dominic Raab]

I thought the hon. Gentleman might at least welcome the fact that we laid out the terms of the review yesterday. I am not sure whether he has had a chance to study the post-legislative memorandum. Let us be clear about one thing: last year, we spent £1.6 billion on legal aid in England and Wales, which is a quarter of the Ministry of Justice’s budget. International comparisons are not exact, but according to the Council of Europe’s review last year, the UK spent more per capita than any other Council of Europe member.

[Tim Farron (Westmorland and Lonsdale) (LD)]

In looking at the effect of the reduction in legal aid on access to justice, will the Minister also comment on the impact on access to justice of the closure of magistrates courts. The closure of Kendal court this summer has removed easy access to justice for hundreds of people, increasing pressure on the police, legal professionals and local families. What will he do to restore such physical access to justice?

[Dominic Raab]

I understand the hon. Gentleman’s concern if the court estate is situated in his constituency, but we have a £1 billion court reform programme, which is investing in updating, modernising and introducing technology. As a result, we will actually deliver more sensitive justice for victims and witnesses, but also a better bang for the taxpayer’s buck.

Oral Answers to Questions

Tim Farron Excerpts

Tuesday 11th November 2014 Commons Chamber

[Simon Hughes]

My hon. Friend is right that Jews and Quakers receive particular consideration, and I am also aware that—according to the figures we have—between 600 and 800 people conduct humanist weddings every year, although they are not legally valid. I understand the importance of the issue and I was fully supportive of the legislation when it went through the House. I undertake to give a full report to the House with a proposal on how we should move forward before the end of the year.

[Tim Farron (Westmorland and Lonsdale) (LD)]

14. Whether it is the Government’s policy for the UK to remain a party to the European convention on human rights; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

It is indeed the policy of the coalition Government to remain a party to the European convention.

[Tim Farron]

I welcome the Secretary of State’s answer. Given that the European convention on human rights was drafted by British lawyers, championed by Winston Churchill and has been instrumental in the protection of the rights of our armed forces overseas, does he agree that the interests of the British people will be best served by reforming the convention rather than taking cheap political shots and trying to get rid of it?

[Chris Grayling]

My hon. Friend may find that we disagree on this issue. I stand four-square by the rights that we signed up to in 1948: I do not stand by the way in which courts have evolved the jurisprudence since then into areas that are a long way from the original intentions of those 1948 authors. I personally believe—but it would be a matter for a future Government—that we need major change in that area.