Hillsborough: Collapse of Trials

Wera Hobhouse Excerpts

Thursday 10th June 2021 Commons Chamber

[Robert Buckland]

My hon. Friend encapsulates very well the task that is before me and the Government. The task is to make sure, first, that we have finally moved away from the public order mindset that I referred to, but secondly, that in response to any tragedy or disaster that might happen, there is a spirit of openness and a willingness and an understanding that the needs of bereaved families must be at the heart of processes. In everything that we do with regard to future investigations, inquiries and criminal investigations, people must not hide behind process and use that as a shield, because that has been the impression and the perception, which is why the families feel today that deep damage has been done to the process.

[Wera Hobhouse (Bath) (LD)]

Bishop James Jones set out in his report that one of the problems with the initial inquest was that there was no public funding for the families to get the representation and advice they needed. The Government have said that providing legal aid for inquests is too expensive. I listened carefully to the Secretary of State’s earlier response about that: an inquest is not like criminal proceedings or court proceedings. But clearly some legal advice is important for families in these cases. Whatever he wants to call it, will he listen to those families and prevent further injustices in future by providing legal aid for inquests?

[Robert Buckland]

I do not know whether the hon. Lady heard my observations about what has already been done with regard to legal aid and legal eligibility. The effective removal of the upper means test threshold with regard to exceptional case funding for legal help and legal representation in circumstances just such as this is a very important development. I take the point that she makes. That is why I have already undertaken not just to present the response to the 2018 consultation but to develop it further so that any potential change that can be made will be done with the fullest, most careful and earliest consideration.

Protecting the Public and Justice for Victims

Wera Hobhouse Excerpts

Wednesday 9th June 2021 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

The Government’s own figures show that the number of outstanding criminal court cases has risen by 15,918 since the pandemic began. Some of this is a consequence of covid—a consequence made worse by the Government’s slow action to introduce the Nightingale courts—but covid does not explain the huge backlogs that had already built up before covid hit.

It is completely unacceptable that the Government are using the pandemic as an excuse for the backlog and to obfuscate a much deeper problem. For too long, the Conservative Government have underfunded the whole of our justice system. Funding for courts and tribunals has fallen by 21% in less than a decade. The legal aid budget has fallen by almost 40% in the same period. This is completely unsustainable for our courts, their staff and professionals and, crucially, for those who are seeking justice.

Rape and domestic violence cases have been among those worst hit by the courts backlog. In the first three months of the pandemic, prosecutions for crimes against women and girls fell by more than half compared with 2019. Over 50,000 women reported being raped last year, but how many rapists were convicted? Fourteen hundred. Only one in six women report incidents of sexual assaults to the police, and as so many survivors of sexual and domestic violence are denied justice, is it any wonder that report rates are so low? Repeated delays to trials not only affect a person’s ability to provide evidence, but add hugely to the retraumatisation of victims. It is literally adding insult to injury.

Urgent improvements across the whole justice system should include specific training for police prosecutors and judges on how to handle these cases sensitively. Misogyny should be made a hate crime to help stamp out the abuse that many women face on a daily basis. The Government must finally ratify the Istanbul convention, which I have been asking for for a long time, and uphold internationally agreed standards for preventing violence against women. Justice delayed is justice denied. We must not lose sight of the human cost of this unprecedented court backlog and low conviction rates for instances of rape, and I urge all Members to support the motion tonight.

Oral Answers to Questions

Wera Hobhouse Excerpts

Tuesday 18th May 2021 Commons Chamber

[Robert Buckland]

I am grateful to my right hon. Friend. I declare an interest, as an owner of a cat. Let us not forget that this applies to a number of much-loved animals, who have, particularly in lockdown, proved an invaluable source of solace and comfort to many millions of people. He is right to talk about the wider issue. Those who minimise pet theft forget that it is often the thin end of a wedge and it might even involve organised crime. We need to take a zero tolerance approach here in order to deal with wider criminality, so we will be looking at the nature of the black market that exists and the rises we have seen with regard to the value of individual animals. All that is very much on the table.

[Wera Hobhouse (Bath) (LD)]

What steps he is taking to reduce the length of time taken to grant probate.

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

We have increased resources to handle calls and inquiries relating to probate applications and, as a result, the average time taken to process such an application is running at between four and six weeks. We have also had a big push towards moving the process online—to be digital—and in March more than 75% of grants were done digitally.

[Wera Hobhouse [V]]

One of my constituents applied for probate and was mistakenly sent the wrong will. This was discovered only after they chased it and they discovered that the case had been closed, with no word from the probate office. When the correct will was sent, it was lost and once again my constituent was not informed. It took nine months for probate to be granted from when they first applied. The loss of a friend and a relative is already an incredibly difficult time. Can the Minister tell me and my constituent what he is going to do to improve communications in the probate office so that nobody has to go through a similar experience?

--- Later in debate ---

[Robert Buckland]

I pay tribute to my hon. Friend for his assiduous campaigning on this important issue. He knows that I have always placed heavy emphasis on the need to examine the law carefully in this area, because I accept that there are loopholes. I asked the Law Commission to undertake an in-depth review of economic crime law and, if necessary, to make recommendations on options for reform. It began its work last November and is aiming to publish an options paper later this year. We will work with the Law Commission to implement any next steps.

[Wera Hobhouse (Bath) (LD)]

The Government’s own review warns that any changes to judicial review should be made only after the most careful consideration, so will the Government listen to themselves and will the Secretary of State rethink his plans to limit individuals’ powers to challenge Government through the courts?

[Robert Buckland]

We commissioned an independent review, which was published after public involvement, and we have now conducted a consultation process, again with full involvement from civil society. We will have plenty of opportunities, in this House and in the other place, to debate and scrutinise any legislation that comes forward. There are ample opportunities for all of us to take part in this important process, and I am sure that the product of those deliberations will indeed be one of quality that enhances the balance between the judiciary, Parliament and the Executive.

Independent Review of Administrative Law

Wera Hobhouse Excerpts

Thursday 18th March 2021 Commons Chamber

[Robert Buckland]

My hon. Friend, who is an experienced family practitioner of many years’ standing, will know from her professional experience that, while the proper use of legal process to make legitimate claims is at the heart of our rule of law, it should sadden all of us if we see attempts being made to delay and frustrate that process by the use of procedures that, frankly, are otiose and do not add to the fairness or justice of proceedings but rather detract from the overall outcome and the fairness of it.

My hon. Friend is right to make the point that successive Governments, including the one in which the right hon. Member for Tottenham (Mr Lammy) served, have argued, sometimes very passionately, in favour of quite wide-ranging ouster clauses in order to achieve a higher degree of legal certainty. That was what happened back in 2003, when the right hon. Gentleman was in government. What we need to do now is avoid having those arguments in future, with overly wide ouster clauses, and find a proper modus vivendi, whereby they can be used proportionately in a way that will not offend the courts.

[Wera Hobhouse (Bath) (LD) [V]]

I thank the panel for the work it has been doing. There is no justification for the proposals to restrict people’s access to court. The current judicial review system works well, allowing people directly to hold Governments of any colour to account and enforce their rights through the courts. Instead of this assault on the rule of law, will the Ministry of Justice instead focus on the shockingly low conviction rates for crimes committed against women and girls and publish plans for how to ensure that offenders of violence against women and girls are properly prosecuted and convicted?

[Robert Buckland]

The hon. Lady is, frankly, wrong to describe these proposals as a curtailment of judicial review. I will give her an example of an area where the use of a suspended quashing order could have helped campaigners. There was a case about tuition fees in which the Secretary of State was challenged for breaching the public sector equality duty. The court could only, at that stage, give a declaration of unlawfulness because a quashing of the decision would have caused administrative chaos. If a suspended quashing order had existed as an option, that would have had more teeth for those who were campaigning against tuition fees, which the hon. Lady’s party supported back in 2010.

Oral Answers to Questions

Wera Hobhouse Excerpts

Tuesday 3rd November 2020 Commons Chamber

[Robert Buckland]

I am grateful to the hon. Lady for raising an important and enduring issue. I, too, similarly pay tribute to the work that law centres and other organisations play in administering important advice and those first steps that are so crucial sometimes in actually dealing effectively with problems that can be averted. Already as part of pre-covid work, we had allocated £5 million for early legal help. I know the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), is working tirelessly to evolve a scheme of early legal support and advice. It is something that I passionately endorse as well. We will continue to develop that and to achieve the ends that I think both she and I share.

[Wera Hobhouse (Bath) (LD)]

The female offender strategy rightly recommends women’s centres over custodial sentences, but the funding committed as part of the strategy ran out in March. The Minister earlier actually referred to more funding for women’s services, but I am talking about women’s centres, and I have been unsuccessfully trying to set up one in Bath. Will the Government commit to providing a significant amount of core funding for women’s centres?

[Lucy Frazer]

If I could correct the hon. Lady, the £2.5 million that we have committed this year for the female offender strategy will be going directly to women’s centres where they bid for it. I am very happy to talk to her about her particular centre, but the £2.5 million is specifically to help sustain the women’s centres to continue to support our female offenders.

Sentencing White Paper

Wera Hobhouse Excerpts

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

My hon. Friend is right to mention the importance of that depressing cycle of reoffending, and he will see in the White Paper ready acknowledgement of some of the drivers of that: drug addiction, alcohol addiction, the lack of stable accommodation, no work. The three things that I believe offer the way to avoid a life of crime are a home, a job and a friend, and that might be treatment or probation support. That is what we are committed to in the White Paper; that is what this Government are going to achieve.

[Wera Hobhouse (Bath) (LD)]

The Lord Chancellor has already partly answered this question, but can he expand on it, as currently one of the biggest problems is overcrowding in prisons and failing to rehabilitate enough people? Can he also address how we are dealing with adverse childhood experiences and trauma that people have suffered, which lead exactly to that spiral of crime? How will his Department respond to that?

[Robert Buckland]

The hon. Lady makes a really interesting point about childhood trauma. In the call for evidence on neurodivergence I want to open up some of these issues in a much more novel way, because I am sure that, with proper support and proper intervention, we can divert a lot of people away from a life of crime. When they get into the system it is vital that we expand community sentence treatment requirements. I am a strong believer in the mental health treatment programme, and the NHS, which is scaling up its support for that, is to be thanked. We will expand the availability of that type of treatment order throughout the jurisdiction, so that judges have a real choice when it comes to passing sentences: it does not always have to be custody; there can be a constructive way forward, properly tailored around the offender.

Oral Answers to Questions

Wera Hobhouse Excerpts

Tuesday 14th July 2020 Commons Chamber

[Robert Buckland]

My hon. Friend is right to ask about the plan that we issued in June to clear a pathway for the easing of restrictions in our prisons gradually and cautiously, always guided by public health advice and designed to keep staff and prisoners safe. We are now seeing prisons start to open up, including prison visits in places such as HMP Humber. I pay tribute to everybody who has worked so hard to make that experience a safe one. So far, around half of all our prisons have begun to ease some restrictions. Progress is being made.

[Wera Hobhouse (Bath) (LD)]

We have already heard a response on legal aid, but may I push the Lord Chancellor a little further? Restoring legal aid for early legal advice from a solicitor would help to resolve more cases before they reach court, speed up cases that proceed to trial and get rid of the backlog. As we have just heard, our justice system is only as good as the access to it for everybody. Will the Secretary of State please consider restoring legal aid, at least for early advice?

[Robert Buckland]

The hon. Lady brings together two issues. With regard to criminal trials and the like, of course legal aid remains available, subject to the means test. That is absolutely essential—from the police station onwards. With regard to more general legal advice, she will be glad to know that £5 million was allocated for the extra provision of early legal advice. That is a deep commitment of both me and the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk). We are working with our officials to ensure that that is applied intelligently, in a way that diverts and prevents litigation, rather than exposing people to what can be a lengthy and burdensome process.

Probation Services

Wera Hobhouse Excerpts

Thursday 11th June 2020 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

Short prison sentences do not work, especially for women, because the whole life of that woman and her dependants falls down. What can the Ministry of Justice do to instil confidence in the whole system that alternatives to prisons, such as women’s centres, work?

[Robert Buckland]

The hon. Lady will be glad to know that, as part of the female offender strategy that we agreed in 2018, we are making investments in organisations that work in that specialist sector, and we have also announced that we will fund a new centre in Wales, which will be delivered by the end of next year. It is a smaller unit that will cater for more localised sentencing and will support women effectively, albeit in a secure setting, but in a way that aids rehabilitation rather than the cycle of reoffending.

Oral Answers to Questions

Wera Hobhouse Excerpts

Tuesday 25th February 2020 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

2. What steps he is taking to implement the Istanbul convention on action against violence against women and domestic violence.

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

The United Kingdom signed the convention in 2012 to reaffirm our strong commitment to tackling violence against women and girls, and, as required by the Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017, we published the latest annual report on our progress towards ratification on 31 October. I can assure the hon. Lady that in forthcoming legislation we will include the necessary measures to cover all parts of the United Kingdom to ensure compliance.

[Wera Hobhouse]

The Istanbul convention enshrines the rights of survivors of sexual violence; it includes the right to access crisis counselling and mental health support. Over 6,000 people are currently waiting to be seen by mental health specialists after experiencing sexual violence. Most of them have been told they will have to wait over a year to get help. What will the right hon. and learned Gentleman do to urgently address this?

[Robert Buckland]

As well as introducing our important domestic abuse Bill, we are already committing more resources to rape crisis centres. For example, rape and sexual abuse support services have had their funding increased to £32 million over the next three years—an increase of over 50%—which will provide free advice, support and counselling at 94 rape support centres, which is more than ever before. That is encouraging progress.

Oral Answers to Questions

Wera Hobhouse Excerpts

Tuesday 8th October 2019 Commons Chamber

[Chris Philp]

My right hon. Friend rightly draws attention to the importance of giving victims the confidence to come forward and not only report these offences but take them through the system—there is quite a high drop-out rate between the reporting of an offence and the case being prosecuted in court. She mentions a particular centre in her constituency that is doing excellent work; I hope that some of the additional money announced last week may find its way into that centre’s hands to help with its work. The 2003 Act is among the matters being considered as part of the review that will report back in spring next year.

[Wera Hobhouse (Bath) (LD)]

19.   I,  too, congratulate the Minister on his new post. Indeed, my question is linked to his being in that post. We simply do not have enough rape crisis centres and we need to support survivors of rape better. Will the Government consider ratifying the Istanbul convention? That should lead directly to their providing the right number of rape crisis centres. Will the Minister meet me to discuss that?

[Chris Philp]

Via the Domestic Abuse Bill, which was debated last week, a number of steps are being taken in the direction that the hon. Lady points towards. I repeat the point I made a moment ago about the additional funding for the victims of rape: there has been a 50% increase, which I hope will increase provision of the kind that the hon. Lady rightly calls for.