Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 14th May 2024 Commons Chamber

[Laura Farris]

My right hon. Friend asks an excellent question, but let me first remind her that this is precisely the issue at which the section 91(14) prohibition orders are directed. Moreover, one of the changes made under the Domestic Abuse Act gave the courts themselves the power to make those orders of their own volition, rather than waiting for an application from the victim.

As for the second part of my right hon. Friend’s question, to the extent that we are making changes to legal aid, all those changes are in favour of the victim. We are removing illiquid and contested assets from consideration of means, all protective orders can be obtained without any assessment of means, and we are undertaking a legal aid means test review to make the test much more generous to victims.

My right hon. Friend’s final point concerned the so-called experts who give evidence on parental alienation. The Government do not recognise the concept of parental alienation, and do not believe that it is a syndrome capable of diagnosis. We have responded to the Domestic Abuse Commissioner on this subject in writing.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

Since the last session of Justice questions, I have met my G7 ministerial counterparts in Italy to discuss topics ranging from preventing illegal migration to tackling organised crime. Furthermore, we have announced a new offence—in which, incidentally, my G7 colleagues were very interested—prohibiting the creation of sexually explicit deepfakes, announced measures to remove parental responsibility from those convicted of the rape of a child, made progress with the Litigation Funding Agreements (Enforceability) Bill in the House of Lords to support access to justice for those such as the postmasters, and introduced an amendment to the Victims and Prisoners Bill to provide further protection for victims against unnecessary disclosure of counselling notes.

I have also attended the “Unlocking Investment in Ukraine” conference, which brought together Ukrainian lawyers and eminent British jurists. We in this country understand the importance of a strong legal sector to secure Ukraine’s future. The British people and this Parliament are determined to ensure that once it has won the war, Ukraine wins the peace as well.

[Mr Sharma]

With more than 80,000 children caught up in private family law proceedings, what is the Secretary of State doing to ensure that the welfare of children is protected?

[Alex Chalk]

I thank the hon. Gentleman for raising private family law, because all too often people raise the issue of crime, but family matters too. I am really delighted that we have managed to secure funding from the Treasury to roll out early legal advice in private family law. Alongside the Pathfinder pilot scheme, it is designed to make the process of dealing with private family disputes more seamless and less painful, and ultimately ensure that children are put first.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 21st February 2023 Commons Chamber

[Dominic Raab]

I thank my hon. Friend and pay tribute to him for the work he did as Prisons Minister—I remember it, because I was a junior Minister in the Department at the same time. He is absolutely right about the value of prison officers, and how they are out of sight and out of mind; people do not bang pots and pans for them in the same way they do for other public servants, but we should take every opportunity to sing their praises.

To answer my hon. Friend’s specific question, between the end of 2016 and 2022, the number of full-time prison officers increased by 3,677 to 21,632. That shows that the recruitment programme is bearing fruit.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

T3.   Ealing Law Centre, a fantastic practice in my constituency, is forced to turn away people eligible for legal aid because it is at capacity. Legal aid pays an average of just £74 per case, and civil legal aid fees have not increased since 2010. As people struggle during the ongoing housing crisis, my constituents risk losing their homes. Does the Minister think that that sum is enough, and that his Department is doing enough to prevent unnecessary home loss in court?

[Dominic Raab]

I thank the hon. Gentleman, who I know has a very considered and long-standing interest in this issue. Legal aid needs more money, which is why we are increasing spend by up to £138 million a year, taking the expected criminal legal aid spend next year to £1.2 billion, but it also needs reform. We cannot have the situation that we always have with the Labour party, where it just asks for more and more money but does not face the challenge of reforming systems so that they work in the best interests of the people of this country.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 14th September 2021 Commons Chamber

[Paul Holmes (Eastleigh) (Con)]

9. What steps he is taking with Cabinet colleagues to support judges who remain in Afghanistan following the recent military operation to evacuate British nationals and eligible Afghans from that country.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

18. What recent discussions he has had with the Foreign Secretary on ensuring the safety of judges and legal professionals in Afghanistan.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I acknowledge the grave concerns of judges, legal professionals and beyond, both here and in Afghanistan, which are real and present. My Department continues to work urgently to support cross-Government efforts to provide safe passage for judges in Afghanistan, including by ensuring that individual cases that are brought to my attention are immediately lodged with relevant parts of the system.

[Robert Buckland]

I can reassure my hon. Friend that I am in daily communication with the judiciary and the wider legal profession—in fact, I am in daily communication with judiciary in Afghanistan—and I commend everyone for their efforts to support those judges and those who have dedicated themselves to building the rule of law and human rights in Afghanistan. As an example, the noble Lord Wolfson and I have been in regular contact with Mrs Justice McGowan, and we have discussed ways in which the legal community might provide support to help resettle Afghan legal professionals here in the UK.

[Mr Virendra Sharma]

After raising directly with the Government hundreds of separate cases covering thousands of people, I know of only two cases that have been resolved. What are the Government doing to help refugees from Afghanistan who are facing massive delays in the tribunal backlog?

[Robert Buckland]

Let me deal with the specific issue of judges and other lawyers in Afghanistan, because that is what I am directly involved with. Yesterday, the Afghan citizens resettlement scheme was announced. That provides a clear route to safety for judges, who are one of the groups to be prioritised under the scheme. Some judges have already been resettled here in the UK, and I will not rest until everyone who fits those important criteria and needs the support and safety of the rule of law is accommodated.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Chris Philp]

I have already pointed out that our justice system prior to coronavirus was in good shape, with magistrates court waiting times, as I said in response to the last question, at about eight weeks and a Crown court outstanding case load that was low by historical standards, but we do recognise the distress that witnesses and victims in particular suffer. That is why, only yesterday, the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), and the Lord Chancellor announced an additional £40 million to support victims—that is extra money on top of additional money already—because we recognise the importance of victims in this system. A rape review is under way to make sure that these cases are brought to court as quickly as they can be, because we do recognise that they are taking too long. However, that is not just a courts issue; it is to do with disclosure rules, putting a case together and properly investigating these cases. Of course, the extra 20,000 police officers will help. Victims are at the forefront of our mind, and we will do everything we can to look after and protect them.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

What assessment he has made of the implications for his Department’s policies of (a) evictions and (b) other enforcement activity conducted by bailiff organisations during the covid-19 outbreak.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

I am grateful to the hon. Gentleman for raising this issue. Effective enforcement is essential to the administration of justice, but it must be done safely during the pandemic. This Government have banned bailiffs from enforcing evictions in England, except in the most serious circumstances, until at least 21 February, to help control the spread of infection. We have published covid-safe guidance for bailiffs who are enforcing debts and fines, and have requested that they do not enter homes at present to take control of goods.

[Mr Sharma [V]]

I am glad that the Minister has touched on this, but I am sure he will agree that, in the middle of a deadly pandemic, there could be no worse time for hard-up families to receive a knock at the door, yet the Government are still permitting bailiffs to undertake unsafe and unfair doorstep enforcement action. The shadow Minister for legal aid, my hon. Friend the Member for Kingston upon Hull East (Karl Turner), has written to the Lord Chancellor twice in the last six months, urging him to pause home visits, as have 11 debt advice charities, which have also outlined widespread abuse of bailiff action during covid-19. Can we have a very clear answer from the Minister: will he reimpose the ban on home visits from the first national lockdown, and will he deliver on the Government’s 18-month-old promise of better industry regulations?

[Alex Chalk]

I thank the hon. Gentleman for his question. It is very important to distinguish between evictions and enforcement. In respect of evictions, the Government have been very clear: people cannot be evicted before 21 February unless arrears are of over six months. In normal circumstances, if someone simply had two months of arrears, they could then be subject to enforcement action. Now there needs to be six months’ notice before possession proceedings even start. This Government are clear that we want to ensure that enforcement agents do not contribute to the spread of this virus, and that is why we have strict regulations in place.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Mr Gauke]

Obviously I want to reduce the numbers, and one of the reasons that we have provided additional support to the Parole Board is to enable it to do so. In the end, it comes down to individual decisions in respect of particular individuals, and some cases present a number of challenging factors. Decisions have to strike the right balance between progressing people as we should and ensuring that we protect the public.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

3. What steps he is taking to increase access to the criminal justice system.

[Teresa Pearce (Erith and Thamesmead) (Lab)]

7. What steps he is taking to increase access to the criminal justice system.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is vital that our criminal justice system remains fair and accessible, and we are taking a number of steps to ensure justice within it. Legal aid is a very important part of that process, and last year we spent almost £900 million on criminal legal aid alone. However, our court system also needs to be modern and up to date, so we are spending £1 billion on technology to bring our court system up to date for the 21st century.

[Mr Virendra Sharma]

I thank the Minister for her response. The Law Society has highlighted the fact that low criminal legal aid fees are having an adverse impact on the number of new, younger lawyers. Criminal legal aid fees for solicitors have not been increased since the 1990s. Will the Government commit to raising fees for solicitors, at least in line with inflation?

[Lucy Frazer]

The hon. Gentleman makes a very important point, because those who work within the criminal justice system play a vital part in upholding justice. That is why, over the course of last year, we have consulted the professions and put a further £23 million into the advocates’ graduated fee scheme. It is also why we have recently announced that we will be doing a holistic review of criminal legal aid with regard to the professions, looking overall at a whole range of issues across the Bar and across the duty solicitor schemes. That review has already started.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 13th November 2018 Commons Chamber

[Lucy Frazer]

My hon. Friend, as a former Justice Minister, will know that charging fees is an essential part of funding an effective and modern Courts and Tribunals Service and of ensuring justice. We listened carefully to the concerns that were raised in relation to our previous proposal, and we have significantly reduced the levels. This system will lift 25,000 estates out of paying probate fees at all.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

T8. Within the last week, two separate Hindu temples, the Shree Swaminarayan temple in Willesden and the Shree Kutch Satsang Swaminarayan temple in Kenton, have been broken into and religious icons have been stolen. Can the Minister confirm that these will be treated as hate crimes and not just ignored by the police, given that they targeted people of one faith?

[Mr Gauke]

Those specific cases will be a matter for the police and for the Crown Prosecution Service, but if activity of this sort is targeted on the basis of religious belief, that is completely unacceptable and I am sure that the whole House is united in condemning it.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 9th October 2018 Commons Chamber

[Edward Argar]

With regard to litigants in person—I am conscious that you might wish me to keep this answer short, Mr Speaker—we already spend well over £6 million supporting them, and we continue to look carefully at how they can continue to be supported.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

12. What his Department’s policy is on law centres.

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

My Department greatly appreciates the great work that law centres are doing across the country. We support law centres with grant funding and through legal aid contracts. In April, I met Julie Bishop, the director of the Law Centres Network, and I was pleased to share a panel with LawWorks at our party conference last week. My officials are engaging actively with law centres as part of the review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

[Mr Sharma]

I declare an interest, having been an employee of the Hillingdon legal resource centre and the Ealing law centre before entering Parliament. Since the Government’s disastrous cuts to legal aid, many law centres have been forced to close, leaving advice deserts in parts of the country. Will the Government commit to new funding for solicitors and paralegals to work in law centres in those parts of the country that have the greatest unmet legal needs?

[Lucy Frazer]

I pay tribute to the hon. Gentleman for the work he did in his community before becoming a Member of Parliament. I should also declare that I did voluntary work in a law centre for a very brief period as part of my work as a barrister. We must encourage people to volunteer to do that work, because it is greatly appreciated. As part of the LASPO review, we are looking at how we provide advice to those who need it most, and the work that law centres do is a key part of that advice. We will be reporting on that by the end of the year.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 10th July 2018 Commons Chamber

[Mr Gauke]

I come back to my previous points. The CRCs have been receiving less income than it costs them to deliver the services. Because of the reforms undertaken a few years ago, 40,000 offenders get support who would have got nothing previously. The contracts can be challenging; it is right that we look at that and deliver good value for money for the taxpayer and good-quality services. That is what we are determined to deliver.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

Today, I have announced an additional £30 million investment in our prison estate, including £16 million to improve facilities at 11 of our most pressed prisons. Some £6 million will enhance security and tackle those co-ordinating drug dealing from inside through scanners, better searching and phone-blocking technology. Since February, 12 such serious criminals have been targeted for disruption, with nine already having been transferred to other parts of the estate, including more secure prisons.

[Mr Sharma]

The Government are conducting a review of the impact of the swingeing cuts to legal aid since 2012, but they have so far refused to say whether more funding will be made available for legal aid. Will the Secretary of State confirm that additional funding will be made available if it is found to be required, or is the review simply an exercise in moving legal aid funding from one cause to another?

[Mr Gauke]

The purpose of the review is to assess what we need to do. That is the correct way to go about it. Obviously, we will need to engage with the Treasury in terms of future spending reviews, but we have a serious piece of work, with very substantial engagement with stakeholders, on which to make an assessment of how the legal aid system is working.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 8th September 2015 Commons Chamber

[Michael Gove]

My hon. Friend was an excellent prisons Minister, and he is absolutely right that we need to give the governors greater control. The response that I have received both from the Secretary of State at the Department for Business, Innovation and Skills and the Minister for Skills, the hon. Member for Grantham and Stamford (Nick Boles), has been hugely encouraging. Obviously, we have Offenders’ Learning and Skills Service contracts—the contracts that govern spending in prisons at the moment—which need to be honoured, but I hope that we might be able to move at pace to devolving responsibility to individual governors.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

2. When he plans to open a consultation on proposals for a British Bill of Rights.

[Paul Blomfield (Sheffield Central) (Lab)]

9. When he plans to open a consultation on proposals for a British Bill of Rights.

[The Parliamentary Under-Secretary of State for Justice (Mr Dominic Raab)]

We will bring forward proposals on a Bill of Rights this autumn. They will be subject to full consultation. The preparation is going well. Given the hon. Gentleman’s excellent work on the Joint Committee on Human Rights, I look forward to engaging seriously with him on the substance.

[Mr Sharma]

When the Minister’s predecessor published his plans for reform of the Human Rights Act last October, the right hon. and learned Members for Beaconsfield (Mr Grieve) and for Rushcliffe (Mr Clarke) complained that they contained “a number of howlers” and that they were “unworkable” and “bewildering”. Is it not time for the Secretary of State to listen to his esteemed colleagues and to admit that those plans were written on the back of a cigarette packet from the very start?

[Mr Raab]

I thank the hon. Gentleman for his question, but I have to say that the Human Rights Act was also rushed. There was no period of consultation and it was introduced into Parliament in just six months, which is why it has proved flawed in practice. We will take our time to get the plans right, and we will take on board all the views that have been expressed. We want to restore some balance to our human rights regime, and that is what a Bill of Rights will achieve.

Oral Answers to Questions

Virendra Sharma Excerpts

Tuesday 18th September 2012 Commons Chamber

[Damian Green]

Absolutely, and I think that the hon. Gentleman’s concerns will be shared across the House and, indeed, across the judiciary and the courts system more widely. I am very clear that although this reform is in the interests of transparency, which we hold to be very important, it must not give offenders opportunities for theatrical public displays. Victims, witnesses, offenders and jurors will not be filmed, so I hope that we will be able to avoid the problems that we all want to avoid.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

Let me first congratulate the justice—

[Mr Speaker]

Order. I shall let you first say “Number 11.”

[Mr Sharma]

11. What recent assessment he has made of the work of the commission on a Bill of Rights; and if he will make a statement.

[The Minister for Policing and Criminal Justice (Damian Green)]

The commission published its second consultation in July 2012; this is due to close on 30 September. In accordance with its terms of reference, the commission should aim to report no later than the end of 2012, taking into consideration responses from both consultations.

[Mr Sharma]

I apologise, Mr Speaker, for that rush; I was so excited to be asking the question.

Let me first congratulate the whole Justice team and thank the Minister for his response. Will he inform the House where he stands on the future of the Human Rights Act 1998? Is he with his predecessor in wanting it to be retained or would he prefer it to be abolished and replaced by a Bill of Rights? If the latter, which of the rights currently protected by the Act does he believe are no longer worthy of protection?