Draft Crime and Courts Act 2013 (Commencement No. 18) Order 2018

Yasmin Qureshi Excerpts
Wednesday 25th April 2018

(6 years ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Robertson. I will not seek a Division on this matter. The Minister has explained the purpose of the stand-alone GPS monitoring system, and we do not object to it. It makes sense, and it will be helpful for people who get a community service order to have such conversations. We have no objections to that.

Oral Answers to Questions

Yasmin Qureshi Excerpts
Tuesday 24th April 2018

(6 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

My hon. Friend makes a powerful point about no-fault divorces, as he has previously. When there is conflict within a family, it is important to reduce that conflict in the interests of not only the parents but the children. I can confirm that we are looking actively at the issue.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

Our family courts are in crisis. The Ministry of Justice’s own figures show that since the removal of legal aid from the family courts, two thirds of litigants represent themselves and have no access to lawyers. They have to deal with the incredibly complex issues that arise in the family courts. Will the Minister confirm whether, as part of the review of the family justice system, the Lord Chancellor will re-establish early legal aid in such cases, which we have promised?

Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

The hon. Lady makes an important point. Family justice is important, because issues for children start by having a stable home and a strong family. She will know that, as part of the LASPO reviews, we will be looking at the issues she raises. I should also say that we have an online pilot at the moment relating to divorce, and it has been incredibly successful. It used to be the case that 40% of paper applications for a divorce were sent back owing to incorrect filings. That number is now down to 0.8%.

Draft Crime and Courts Act 2013 (Deferred Prosecution Agreements) (Amendment of Specified Offences) Order 2018

Yasmin Qureshi Excerpts
Tuesday 24th April 2018

(6 years ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

It is a pleasure to serve under your chairmanship, Ms Dorries.

First, I declare an interest as I am a door tenant at 3, Temple Gardens, and I occasionally practise criminal law. It is important to put that on the record. I am not seeking a Division on this matter as the Opposition agree that the measure makes perfect sense. It is important to deal with crime, especially financial crime.

Leaving the EU: Justice System

Yasmin Qureshi Excerpts
Thursday 29th March 2018

(6 years, 1 month ago)

Westminster Hall
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

It is a pleasure to serve under your chairmanship, Ms Buck. I thank the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Robert Neill), and the other members of the Committee for their excellent report. I was a member of the Justice Committee from 2010 to 2015 and remember many such excellent reports.

The UK’s status as an international hub for legal and financial services and its attractiveness to businesses depend not only on access to the EU legal services market, but on its close and comprehensive cross-border and civil judicial co-operation. I will start by concentrating on three areas that most hon. Members have spoken about. First, in relation to civil justice, we are in a unique position where the judgments of our court are enforceable both in European Union member states and in many Commonwealth states. That is very important for the UK’s role as a hub for international litigation. Therefore, it is critical for British citizens, businesses and institutions that the Government maintain our position.

In civil and family law, European Union regulations provide certainty on what jurisdiction should hear disputes while allowing for the automatic recognition and enforcement of judgments throughout the EU. Does the Minister share our concern that cross-border divorce and child custody disputes could become much more difficult unless Britain can secure effective judicial co-operation arrangements with the European Union after Brexit?

Many hon. Members spoke about the criminal justice system. We must remember that crime, and especially more serious and organised crime, increasingly does not recognise national borders. Even the less serious crimes are increasingly likely to have a cross-border element. Foreign nationals who commit crime in the UK often flee abroad, and some crimes can be committed easily across national boundaries, such as child exploitation, fraud and identity theft. In the UK, there has been a massive increase in people trafficking offences. Police and the judicial authorities need to be able to co-operate internationally to combat crime and bring perpetrators to justice.

I hope the Minister agrees that co-operation through case-by-case contacts or even bilateral agreements is likely to be more cumbersome when we are out of the system, especially where several states are involved. Under our European Union framework, we have co-operated through mutual recognition of key elements of one another’s systems, with minimum standards applicable in all states for certain factors, together with mutual legal assistance measures that are understood and applied in all the member states.

As we withdraw from the European Union, can the Minister assure the House that her Government will secure the speedy arrests of suspects wanted by the British police with minimum bureaucracy via the use of the European arrest warrant? Does the Minister agree with the assessment of the EU Home Affairs Sub-Committee, which states:

“Any operational gap between the European Arrest Warrant ceasing to apply after Brexit and a suitable replacement coming into force would pose an unacceptable risk to the people of the UK”?

Given that it took Iceland and Norway 13 years to negotiate extradition agreements with the European Union, does the Minister believe that there will be a gap between the UK leaving the European arrest warrant and agreeing a replacement system?

What assessment has the Minister made of the impact on victims if there is no European arrest warrant agreement after the UK leaves the European Union? What are the Government’s proposals to deal with cross-border investigations into drug cartels, people trafficking networks and fraud? Will we be in a position to secure evidence from overseas using the mechanisms currently in use in the European Union? What mechanisms will be put in place so that we can rapidly access fingerprinting and other identification databases for overseas convictions, sentencing and other purposes, to which we currently have access? I am sure the Minister is aware of the growth in co-operation through Europol, Eurojust and the European Public Prosecutor, which has made it easier to deal with crime, especially when it crosses borders. What is the Government’s plan to replace those institutions or fill the gaps left by them?

The UK legal services market is worth £25.7 billion in total, employing 370,000 people and generating an estimated £3.3 billion of net export revenue in 2015. Central to that market is the ability of barristers, solicitors and other legal professionals to provide legal services in the EU. Equally important is the fact that, our exporters’ confidence in doing business abroad depends greatly on the ability of their lawyers to establish and provide services in the countries in which they seek to trade and invest. Numerous aspects of barristers’ and solicitors’ work will no longer be possible if we leave the European economic area, unless current cross-border rights are preserved.

Does the Minister agree that, in formulating their negotiating strategy, the Government should have regard to the nature of the legal work that comes to the UK as a consequence of the UK legal profession’s expertise, not least in European Union law? What measures are the Government taking to maintain cross-border legal practice rights and opportunities for the UK legal sector, given efforts by European Union law firms to use Brexit to win clients from UK competitors?

The European Union charter of fundamental rights sets out a range of civil, political and social rights enjoyed by European Union citizens. Why does this Government’s policy of incorporating EU law into UK law exclude the European Union charter of fundamental rights? Does the Minister agree that, in the light of everything said in the debate, there must be a continuing role for the European Court of Justice during this time?

Labour’s view is that, beyond a transitional phase, we would seek a shared court-like body to oversee disputes and enforce rights and protection. Obviously, the precise nature of this shared court is subject to negotiation. We are flexible about how that would be achieved. It is important that there is an independent court to oversee the close new agreement we reach with the EU. It is vital that that is done to ensure that individuals, institutions and countries can enforce and protect workplace rights, consumer rights, environmental rights and more.

Robert Neill Portrait Robert Neill
- Hansard - - - Excerpts

I have been listening with great care to the hon. Lady’s speech and I very much welcome the approach that she has adopted. She talks about a future court to enforce these matters, for which I have much sympathy, but does her party rule out participation in the EFTA court as being a potential solution to the problem she rightly highlights?

Yasmin Qureshi Portrait Yasmin Qureshi
- Hansard - -

I understand the hon. Gentleman’s question. Our position is that there should be a system. What that system entails and how it works is subject to negotiation, but we should have something that makes it easier to resolve issues.

In concluding, I want to summarise some of the things that hon. Members mentioned. My right hon. Friend the Member for Delyn (David Hanson) spoke about very important crime issues. My hon. Friend the Member for Enfield, Southgate (Bambos Charalambous) talked about the legal services sector and how we are ahead in it. My hon. Friend the Member for Stretford and Urmston (Kate Green) rightly spoke about the impact of our leaving the European Union on children and their rights. The hon. Member for Cheltenham (Alex Chalk) made the interesting point that crime, civil justice, children’s rights and legal services should not be bargaining chips, but should be placed on a separate track and taken out of the contentious political debate. That would be a helpful way forward. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) rightly raised the impact on Scotland.

Everyone is aware that numerous treaties will have to be made to cover each and every area of law we have talked about. We will need not one set of treaties but treaties with 27 or 28 countries, with some opting in and some opting out. It will be a lengthy and complex process. I reiterate the questions asked earlier. How far have the Ministry of Justice and the Government got with drafting the relevant legislation and treaties? Which have been written and which have not? How are they progressing? When will they come to Parliament for debate? When will we be able to feel that these things will happen? Real issues have been raised, and many Members feel that, when we leave, we may be without the systems we currently have that make the criminal and civil justice systems much easier to deal with.

Court Closures and Reform

Yasmin Qureshi Excerpts
Tuesday 27th March 2018

(6 years, 1 month ago)

Westminster Hall
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate my hon. Friend the Member for Slough (Mr Dhesi) on securing such an important debate at a crucial time. The scale and pace at which the Government are pursuing change necessitates careful consideration of the costs and benefits of the proposed changes. With £1 billion being spent and more than 250 courts having been closed already, it is crucial that they are carefully considered and scrutinised.

We are not against court closures or digitalisation in all instances, but we want to see justice done in the most effective manner possible. We believe that the local court system must meet the demands of the 21st century, catering to the needs of all our citizens. However, we have become increasingly concerned that the Government have instituted changes that will disproportionately harm the most vulnerable, and have prioritised cutting expenditure over the delivery of justice. The Government have closed courts, or proposed closing courts, without taking into account, for example, the issues surrounding the Cambridge magistrates court closure, which my hon. Friend the Member for Cambridge (Daniel Zeichner) set out in detail. My hon. Friend the Member for Bedford (Mohammad Yasin) set out his own case as well.

Importantly, in 2010, the travel time standard used to determine court location was one hour, but that has now gone up to a whole day for a return trip. Clearly that will affect many courts, and the most vulnerable will bear the heaviest costs. For young mothers who are unable to find care, or the elderly who find long journeys difficult, such court closures will prohibitively reduce access and will cost more. It is therefore hard not to share the conclusions of the Justice Committee last month that underlying such changes is an approach

“which appears to favour the principle of value for money over the principle of access to justice”.

In the light of that, I ask the Minister directly whether the Government are seriously not concerned that court closures will make victims and witnesses less likely to travel to courts to give evidence.

I acknowledge the contribution of the hon. Member for Thirsk and Malton (Kevin Hollinrake), who set out in detail what court closures could involve for all the people who use the system. It may be a case of a false economy: saving in one budget, but spending from another. Does the Minister agree that the reduction in courts is a backward step for our criminal justice system, because it would be difficult for people to access it?

Another important point is that the price at which the vast majority of such buildings has been sold seems alarmingly low. We recently found out that 80% of courts sold—that is, more than 120 courts—raised an average of not much more than the price of an average UK home. Research has shown that half the courts were sold for less than one and a half times the price of an average UK house. That is worrying, considering that most courts are in central city locations and are much bigger than most houses. Of the money raised so far, almost two thirds was generated by the sale of just nine courts in prime sites in and around London. Indeed, with courts in Ely, Rochdale and Consett being sold for a grand total of £21,000 combined, we see a clear picture of public property being sold off at knock-down prices. Perhaps that is not unsurprising from the party whose Government oversaw the underselling of Royal Mail by £1 billion.

The pace and width of sales bears the distinctive hallmarks of a Government who are selling off the family silver, which Conservative Governments have engaged in in the past. They find underutilisation and say that it is done for that reason, but that is not right. We know that courts are being utilised far more than is said. Hon. Members have already alluded to the fact that, for many of the courts that have been earmarked for sale on the basis of underutilisation, that is not actually the case, for example in Cambridgeshire or at Blackfriars Crown court, not far from here. Are the Government not concerned that selling recently updated buildings represents a clear waste of public money? Clearly, they need to reconsider whether there really is a need to close a court, in light of not just cost but the impact on everyone who uses it.

The digitalisation of courts is a historic shift. Digitalisation and virtual courts will have a lasting impact on our judicial system. Again, we have no objection to that. As the hon. Member for Henley (John Howell) said, technology can be used very effectively in courts. However, we are concerned about whether the Government have carried out proper consultation, looking at not just cost-effectiveness but the impact on people. At the moment, there is nothing on record from the Ministry of Justice to show what impact virtual courts and digitalisation will have on people involved in court proceedings.

A recent survey of magistrates, lawyers, probation officers and defendants highlighted serious concerns that appearing on video may make it more difficult for defendants to understand and participate in court hearings. Shockingly, prior to the introduction of the Prisons and Courts Bill in the previous Parliament, which was aborted due to the general election, no research had been carried out on the effects of virtual justice reforms on victims or defendants. In light of that failure, I ask the Minister again that she will guarantee that research into that key area will be done and published in advance of the courts Bill being brought to the House.

Further, in the push to move to virtual courts the Government seem to be assuming that town halls, police stations and other civic buildings will be able to provide space for virtual courts, and witnesses giving evidence from one court to another. No research has been done on whether any of that is plausible.

In addition, little consideration has been given to ensuring that there is proper legal advice for defendants. In the present system, if someone goes to court, a clerk and sometimes even friendly lawyers are on hand to give advice. I remember being in court and hearing somebody who was unrepresented saying something. I intervened, saying that they might need to see a lawyer or get advice. Obviously I cannot give advice in that situation, but guidance can be given. That happens so much in court, but it will not happen in a virtual court, because nobody is going to be there to see the problems arising. That aspect of the change has not been considered at all.

For most people, courts are something they only face once in their lifetime and the court system is alien, highly intimidating and difficult. Constituents have come to me with simple, straightforward issues, and they are so worried about what to do if they have to go to court, because it is an unusual situation for them. Although we have no problem with virtual courts, digitalisation or technology, there is again a question about how that is rolled out and how people who could be affected are considered.

The Government’s plans for automatic online convictions risk defendants pleading guilty without understanding the full implications of doing so. I ask for reassurance from the Minister that defendants will have sufficient legal advice to ensure that that does not happen. What mechanisms will be put in place to ensure that people online understand what is happening? Some of us may be computer-literate, but there are many people who do not have email accounts or internet in their home. What will be done about that?

In the reform proposals, the Government have spent more than £100 million on contractors, £30 million of which has gone to management consultants such as PwC. The amount of money spent—I would point out that it is equal to the amount raised from the sale of 223 courts —on projects that depend on an unpredictable future is a worrying sign of this Government’s attitude to proper parliamentary scrutiny.

Going forward, I ask the Government to ensure that all those concerns are addressed and that the issue of transparency is taken into account. If people are sitting in small rooms in different offices in civic buildings giving evidence or being dealt with, how do we ensure that our justice system is transparent? At the moment, we have physical courts that we can go and see, so how to ensure transparency in the court system must be addressed. Justice must be done and must be seen to be done. I ask the Government to look at the issues we and other hon. Members have raised and to promise that there will be no further court closures or reforms until they have published the draft courts Bill, fully detailing their proposals, and this House has debated those proposals.

Oral Answers to Questions

Yasmin Qureshi Excerpts
Tuesday 6th March 2018

(6 years, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

I am grateful to my hon. Friend for raising this point, on which I have received representations. This is consistent with what happens elsewhere within the judiciary, but I am conscious that it will continue to be a matter of some debate.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

The Government are continuing to cut court staff, close courts and sign contracts worth millions of pounds for their digitisation programme. These are huge changes, which will have an impact on our courts for decades. Will the Minister promise not to close any more courts or sign contracts until the courts Bill is published and the matter has been debated fully in this Chamber?

David Gauke Portrait Mr Gauke
- Hansard - - - Excerpts

I hope to be able to bring forward further news on the courts Bill in the near future, but I am not going to give the undertaking the hon. Lady seeks. It is important that we continue to look to get the best out of the resources we have. If that means reforms here in making greater use of digital technology and ensuring that our court estate is as rational and efficient as possible, we will need to continue to do that.

Draft Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018 Draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018

Yasmin Qureshi Excerpts
Tuesday 6th February 2018

(6 years, 3 months ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Paisley. The draft order concerning appeals to the First-tier Tribunal makes perfect sense, so we do not seek to divide the Committee on it. We do not seek a Division on the other draft order either, but the Minister mentioned that some concerns were expressed by the Bar Council—including its chair, I think—the Inns of Court and the Institute of Barristers’ Clerks about some of the provisions that are being applied for.

I understand from my discussions with the Bar Council that the Bar Standards Board says that it does not intend at the moment to bring into force the provision for compensation arrangements for individual barristers and entities, or to provide for the administration of those arrangements. That raises a question: if the BSB does not intend to use that provision, why did it ask for it? The Bar Council has similar concerns about a couple of other things that have been alluded to. If the Bar Standards Boards says it will not implement some of these things, why has it asked for the powers?

That said, however, we do not seek to divide the Committee. I should declare that I, too, was a practising barrister.

Question put and agreed to.

DRAFT LEGAL SERVICES ACT 2007 (APPEALS FROM LICENSING AUTHORITY DECISIONS) (GENERAL COUNCIL OF THE BAR) ORDER 2018

Resolved,

That the Committee has considered the draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (General Council of the Bar) Order 2018.—(Lucy Frazer.)

Joint Enterprise

Yasmin Qureshi Excerpts
Thursday 25th January 2018

(6 years, 3 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

I congratulate my hon. Friend the Member for Manchester Central (Lucy Powell), the right hon. Member for Sutton Coldfield (Mr Mitchell), the hon. Member for Bromley and Chislehurst (Robert Neill) and my right hon. Friend the Member for Tottenham (Mr Lammy) on securing this important debate. I also pay tribute to JENGbA on its highlighting of concerns about this law for many years, which contributed to the 2016 Supreme Court ruling that the law had taken a wrong turn.

We have heard many excellent and passionate speeches today. My hon. Friend the Member for Manchester Central spoke eloquently and comprehensively about the issues. The right hon. Member for Sutton Coldfield talked about the family of a victim and their suffering, and also about miscarriages of justice, making the important point that we must distinguish between groups and gangs. My hon. Friend the Member for Sunderland Central (Julie Elliott) rightly said that the victims’ families must not be ignored, but that miscarriages of justice must also be dealt with. The hon. Member for Bromley and Chislehurst, the Chair of the Select Committee, talked about the need for hon. Members to press the Government on legal reforms, and the importance of charges and sentences being correct and proportionate to the acts carried out. My hon. Friend the Member for Ealing North (Stephen Pound) contributed with his characteristically passionate oratorical skill, and talked about his constituent Alex Henry, as did my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury). I must also compliment my constituency neighbour, the hon. Member for Bolton West (Chris Green), on the points he made, specifically on the guidance for the prosecutors involved in making decisions on what charges should follow. My right hon. Friend the Member for Tottenham made a powerful speech about how this law has been applied in practice in certain situations.

The law regarding joint liability is complex. In 2012, the Justice Committee—when I was a member—carried out an inquiry into the operation of the legal doctrine of joint enterprise. In 2014, it revisited the issue to see what had occurred. Both reports deal with the status and application of the law before the Jogee case reached the Supreme Court, where judgment was handed down in February 2016. Although the reports predate this important judgment, much of their background information and analysis remain useful. The Committee explained that joint enterprise is a form of secondary liability whereby a person who agrees to commit a crime with another becomes liable for all criminal acts committed by the other person—the principal offender—in their joint criminal venture. The Committee suggested that the Director of Public Prosecutions should issue guidance on the use of the doctrine when charging. In particular, it wanted guidance on the relationship between association and complicity. I will return to the issue of the clarity of the law shortly, as it remains a concern of many Members even after the Jogee ruling.

Victims of crime are at the centre of Labour’s approach to justice. Victims, their families and the wider public must have faith in our justice system, and to achieve that our justice system must deliver certainty. Labour is also clear that, where there are substantial injustices arising from the application of the law of joint enterprise before the case of Jogee, these should be addressed.

Jogee is reasonably described as a landmark court judgment. It established that the law on joint enterprise had been misinterpreted in the criminal courts for three decades. The ruling turned on the judgment that an individual foreseeing a possible crime does not equate to “automatic authorisation” of it, as the law had been interpreted in previous cases. A higher threshold of proof is now required as a result.

It is welcome that the Supreme Court clarified the application of the law of joint enterprise. The judgment also set out criteria by which potential miscarriages of justice can be addressed where a substantial injustice has occurred.

Subsequent judgments following the Supreme Court ruling relating to joint enterprise appeals have developed the argument around the nature of the substantial injustice. Judgments in joint enterprise cases since Jogee have explained why the law must provide certainty.

It is clearly in the public interest that convictions are not automatically reopened when judges in later cases develop the law. To reopen all cases would undermine the certainty of convictions and deny closure to victims’ families. In the Court of Appeal case of Johnson, it was stated:

“The need to establish substantial injustice results from the wider public interest in legal certainty and the finality of decisions made in accordance with the then clearly established law…It also takes into account the interests of the victim (or the victim’s family), particularly in cases where death has resulted and closure is particularly important.”

Labour is clear that victims of crime and their families must have confidence in our justice system. However, it is also vital that victims of miscarriages of justice have opportunities to have their cases heard. Without those opportunities, we would risk injustices being permitted to continue.

Those who believe that miscarriages of justice have been committed are of the opinion that how “substantial injustice” is defined has not yet been fully developed. It is right that more clarity is brought to this vital question, and we hope that today’s debate has contributed to that. In addition, we welcome the news that the Crown Prosecution Service is reviewing its guidelines and we hope that this opportunity will be taken to help provide more certainty and clarity for both victims and the wider public.

Many members of the public will be surprised to know that no official statistics are available on joint enterprise convictions. That can make it difficult to assess how big an impact the wrong turning in the law between the cases of Chan and Jogee has had in practice.

Almost two years ago, my hon. Friend the Member for Hammersmith (Andy Slaughter) asked the Secretary of State for Justice how many people had been convicted under joint enterprise in each year since 2010, and a similar request was made by the Justice Committee in the 2010-15 Parliament. The Government response was that the information was not held centrally and could only be obtained at disproportionate cost. That is a plainly unsatisfactory response to a very reasonable request for information that would shed light on the scale of joint enterprise convictions. May I ask the Minister to ensure that the Government take action to rectify this urgently? There is a need to keep proper statistics on offences of joint enterprise; that would greatly assist everyone.

Although there are no official statistics, the evidence that there is from academic research suggests that the doctrine of joint enterprise may have been applied in a discriminatory way. Where such profiling does exist, it shows that the doctrine is not only unjust but undermines the social contract and community support for our criminal justice system.

In its 2014 report on joint enterprise, the Justice Committee explained:

“It is clear that a large proportion of those convicted of joint enterprise offences are young Black and mixed race men. In the Cambridge research sample, 37.2% of those serving very long sentences for joint enterprise offences are Black/Black British, eleven times the proportion of Black/Black British people in the general population and almost three times as many as in the overall prison population. There is also a much higher proportion of mixed race prisoners convicted of joint enterprise offences than there are in the general prison population (15.5% compared to 3.9%).”

The Justice Committee also heard evidence about why there was disproportionality:

“Dr Ben Crewe from the Cambridge Institute of Criminology said that there were probably two main reasons for the disproportionate impact of joint enterprise on young Black men, the first being that ‘BME men may be over-represented in the kinds of communities where young men typically hang around in groups that are labelled by outsiders as gangs’ and the second that ‘an association may exist unconsciously in the minds of the police, prosecutors and juries between being a young ethnic minority male and being in a gang, and therefore being involved in forms of urban violence.’”

Many Members today have alluded to that point.

I pay tribute to my right hon. Friend the Member for Tottenham for his work in the Lammy review. It states:

“Despite the High Court ruling, experts in the field remain concerned about some of the legal practice on Joint Enterprise. Many are not convinced that the line between ‘prohibitive’ and ‘prejudicial’ information is drawn appropriately in the evidence put before juries when cases reach trial. People must be tried on the basis of evidence about their actions, not their associations—and the evidence put before juries must reflect this.”

This again demonstrates the clear need to publish accurate statistics on offences of joint enterprise. We ask the CPS to take this opportunity to rework its guidance on joint enterprise and to consider its approach, so that this and associated laws are not implemented in a discriminatory way and so that, when prosecutors are deciding the appropriateness of the charge and who needs to be prosecuted, this guidance is applied properly and fairly. I hope that the Minister takes this opportunity to do that today.

Andrew Mitchell Portrait Mr Mitchell
- Hansard - - - Excerpts

It was unforgivably remiss of me earlier, Madam Deputy Speaker, not to welcome the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer) to her first outing on the Government Front Bench. The whole House will wish her well in what will undoubtedly be the start of a long and distinguished ministerial career.

Oral Answers to Questions

Yasmin Qureshi Excerpts
Tuesday 23rd January 2018

(6 years, 3 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

As the hon. Lady will know, the previous Lord Chancellor committed to a review of legal aid later this year, and I also commit to reviewing the situation later this year. Legal aid for housing is always available and can be accessed through the telephone gateway.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

Judicial review is a key tool for ordinary people to challenge unjust and unlawful decisions by the state and other public bodies. Deep cuts to legal aid have undermined that ability, so will the Minister commit to reviewing legal aid funding for judicial review in the Government’s forthcoming legal aid review?

Lucy Frazer Portrait Lucy Frazer
- Hansard - - - Excerpts

As I have already mentioned, a legal aid review is taking place later this year. As a matter of principle, legal aid is available for judicial review in certain circumstances when certain conditions are met.

Oral Answers to Questions

Yasmin Qureshi Excerpts
Tuesday 5th December 2017

(6 years, 5 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Phillip Lee Portrait Dr Lee
- Hansard - - - Excerpts

We already have a presumption against custody in our system in England. I acknowledge, however, that Scotland is embarking upon an exciting path in managing its women offenders, which is why I am going there on Thursday.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
- Hansard - -

Given that half of all women in prison are there just for a few weeks, does the Minister agree that we can achieve a better outcome for the women themselves, and reduce the number of victims of crime, if we invest in women’s centres, rather than sending non-violent women to prison?

Phillip Lee Portrait Dr Lee
- Hansard - - - Excerpts

When visiting prisons and meeting prisoners, what is striking is that many of them have been victims themselves. I am very conscious of that, and the strategy will try to deal with it through the way in which we handle and manage women who have committed offences.