Oral Answers to Questions — Justice – in the House of Commons at 12:00 am on 6 December 2016.
David Rutley
Conservative, Macclesfield
12:00,
6 December 2016
If she will make a statement on her departmental responsibilities.
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
Our probation officers do a vital job—it is one that I value highly—in turning offenders’ lives around, and the prisons and probation Minister is conducting a comprehensive review of the probation system that is focused on improving the quality of our probation services. As with our plans for prisons, we want a simpler, clearer system, with specific outcome measures such as getting offenders off drugs, improving educational standards, and getting offenders into apprenticeships and work. We also want closer working with the Prison Service. We will set out our more detailed plans after our review is completed in April.
David Rutley
Conservative, Macclesfield
Guide dog owners are too often turned away by taxis, despite that being illegal, and research has shown that when offenders are prosecuted, they can be fined less than £200. Will my right hon. Friend review the situation and find ways to increase the penalties to ensure that such discrimination is better addressed?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
It is appalling that some taxi drivers refuse to take assistance dogs. That is an offence under the Equality Act 2010, and it can result in a fine of £1,000. I know that the Department for Transport is looking at improving training for drivers, and at the role that taxi licensing can play in eradicating this discrimination.
Richard Burgon
Shadow Lord Chancellor and Shadow Secretary of State for Justice
Given the Government’s climbdown on their outrageous plan for immigration and asylum tribunal fees, and if they really believe in access to justice, is it not about time they listened to Opposition to their unaffordable employment tribunal fees and their small claims limit changes, which hit injured people on lower incomes, and to the urgent demands that they finally begin a review into their savage legal aid cuts?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
We have already announced a review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—we will shortly be announcing the timetable—but we need a system that is both open and affordable, which is exactly what the Government are delivering.
Stephen Metcalfe
Chair, Science, Innovation and Technology Committee, Chair, Science, Innovation and Technology Committee
I am sure that my right hon. Friend will agree that an independent judiciary and a free press are two pillars of a free society, and that, while we might not always like how each acts, we should be proud of, and protect, those freedoms.
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I absolutely agree with my hon. Friend. We can be incredibly proud of our independent judiciary, which is the cornerstone of the rule of law and supports our commerce and trade, and we also have a robust free press, which is vital to ensuring a free society.
Imran Hussain
Shadow Minister (International Development)
As has been stated, last June the Government commenced their review of the future of employment tribunal fees. As of yet, we have not seen any results. Will the Minister give me a firm date for the review’s completion and publication? Is it not time the Government abandoned these unfair fees, which cut across the rights of working people?
Oliver Heald
The Minister of State, Ministry of Justice
There is a difference: Government Members think it only fair that those who can afford to should make a contribution to a service that costs hard-working taxpayers £66 million a year. We are reviewing the situation—we are doing a careful job, because this is an important issue—and we will publish the outcome in due course.
David Warburton
Conservative, Somerton and Frome
I am sure that my right hon. Friend the Secretary of State agrees that one of the main challenges facing the justice system is integrating ex-offenders back into the outside world upon their release. Does she agree that this requires the co-operation of employers as well as former prisoners? What is the Department doing to ensure that such co-operation is both encouraged and increased?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I completely agree with my hon. Friend about this vital means of reducing reoffending. We will be launching a new employment strategy next year in partnership with employers, and prisoners can take up apprenticeships in and out of prison so that we create the link between prison and the outside world. Most importantly, we are matching jobs that are available on the outside with the training and work that prisoners do on the inside so that there is a pathway to employment.
Roger Mullin
Shadow SNP Spokesperson (Treasury)
The European criminal records information system enables the UK to access information about the convictions of EU nationals, but the future of our involvement is now unclear. What plans does the Department have to ensure that there is effective engagement post-Brexit?
Oliver Heald
The Minister of State, Ministry of Justice
It is important that the Scottish Parliament and Government liaise with the UK Parliament and Government about Brexit, and that is happening, as the hon. Gentleman knows. ECRIS is an important system, but the Government are not announcing their Brexit negotiating position at this stage.
Oliver Heald
The Minister of State, Ministry of Justice
My hon. Friend’s question is about a very important point. In the same period, the time taken to complete a case has halved, and the Family Justice Board, which I co-chair, is investigating the reasons for the increase in cases and whether or not it is temporary. I agree that there are some vital issues here, such as helping women not to lose successive children to care. My hon. Friend might have heard about the Pause project, which is doing promising work in this area, and I would be happy to have a meeting with her to discuss the issue further.
Diana R. Johnson
Labour, Kingston upon Hull North
Three Secretaries of State—for Justice, for Health, and for Communities and Local Government—believe that parents in Hull should have an independent inquiry to find out what happened to their babies’ ashes. Does the Secretary of State fully understand the disappointment of those parents that she will not stand up for justice for them by establishing an independent inquiry to find out what happened to those ashes?
Phillip Lee
The Parliamentary Under-Secretary of State for Justice
I am sympathetic to the hon. Lady’s concerns and I offer my sympathy again to her constituents. We are supportive of local historical investigations, but we do not plan to order an historical inquiry in Hull or elsewhere. Hull has made significant improvements, including by putting in place measures to improve practices across, and communication between, the cremation authority, local funeral directors and NHS trusts.
Sheryll Murray
Conservative, South East Cornwall
What action are the Government taking to address the specific needs of women in the justice system?
Phillip Lee
The Parliamentary Under-Secretary of State for Justice
We are working to ensure that we take proper account of the specific needs of women at every stage of the criminal justice system so that they receive the support that they need to make positive changes in their lives. We want to see fewer women offending and reoffending, and we will set out our strategy for how we manage female offenders in 2017.
Luciana Berger
Labour/Co-operative, Liverpool, Wavertree
May I give the Secretary of State another opportunity to answer my question? She told the House that she has had meetings to discuss the record levels of suicide in our prisons. Has she actually visited a prison mental health service—and if not, why not?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I have visited a number of prisons where I have discussed mental health services. I have already answered the hon. Lady’s question.
Stephen Hammond
Conservative, Wimbledon
What specific actions are my right hon. Friend and the Government taking to ensure that the UK remains a specialist leader in world legal services?
Oliver Heald
The Minister of State, Ministry of Justice
We are a modern global centre for legal services and dispute resolution, and English law is the international law of choice. Our legal services sector contributes £26 billion to the UK economy. We have the best legal system in the world, and our modernisation programme will maintain that situation. I will be championing, as will the Secretary of State and the whole team, our legal services sector as a key part of post-Brexit global Britain.
Greg Mulholland
Liberal Democrat, Leeds North West
The family of Richard Davies of Yeadon are dismayed that the man found guilty of his manslaughter is being considered for a move to an open prison a year before the family was told that that would be considered and after spending only a year in prison. Is that justice?
Sam Gyimah
The Parliamentary Under-Secretary of State for Justice
There is obviously a careful risk assessment before people are moved into open prison. I am not aware of the specific facts of the case that the hon. Gentleman has outlined, but I will be happy to meet him to discuss it.
Lucy Frazer
Conservative, South East Cambridgeshire
Richard Burgon said that he thought that Lord Neuberger had mentioned that he would decide the case in accordance with the law on the basis of something that the Secretary of State had or had not said. Does the Secretary of State agree with me that Lord Neuberger said that he was deciding the matter on the basis of the law because that is his duty, and because it was stated that the matter would be decided on law, not politics, in paragraph 8 of the High Court judgment?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
My hon. and learned Friend is absolutely right about Lord Neuberger’s role—[Interruption.] It is pronounced “Newberger”; I have had frequent conversations with him. It is important that the judiciary itself states the case, too.
Kate Green
Labour, Stretford and Urmston
Prisoners serving IPP—imprisonment for public protection—sentences have remained in custody long beyond their tariff and long after the coalition Government abolished such sentences. I understand that a dedicated Ministry of Justice unit is looking into the position of IPP prisoners. Will the Secretary of State tell us exactly what it is doing?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I have met a number of IPP prisoners who are anxious to hear more about the progress that they will make through the system. The unit is ensuring that there are sufficient parole hearings and that sufficient courses are being taken, and getting people to a stage at which they are ready for release. However, it is always important for us to focus on public protection, and we make sure that we only release people who do not pose a huge risk.
Iain Stewart
Conservative, Milton Keynes South
Woodhill prison in my Constituency has had more suicides than any other prison this year. Will my right hon. Friend assure me that she is working urgently with the governor to address the situation?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I can assure my hon. Friend that we are working urgently with the governor to address the situation, as well as addressing the overall issue of the number of suicides in our prisons, which is far too high.
Rushanara Ali
Labour, Bethnal Green and Bow
Reoffending rates among young offenders remain stubbornly high. Earlier this year, the Association of Youth Offending Team Managers said that there had been a record cut in funding for youth offending teams. What is the Secretary of State doing to address that?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
The hon. Lady will not have to wait long before we release the Charlie Taylor report and the Government’s response, which will explain how we will improve outcomes in youth justice.
Chris Philp
Conservative, Croydon South
In February this year, 21-year-old Croydon resident George Beresford was knocked over and killed by a drink-driver. Because the police and the Crown Prosecution Service were unable to prove that the drink-driver was also driving carelessly, he received only a relatively short driving ban, rather than a custodial sentence. I thank the Under-Secretary of State for Justice, my hon. Friend Mr Gyimah, for agreeing to meet the family this afternoon, but does he agree with me that the case should be considered as part of the consultation on driving offences, and that when a drink-driver kills someone, a custodial sentence is appropriate irrespective of whether careless driving can be proven?
Sam Gyimah
The Parliamentary Under-Secretary of State for Justice
Our consultation proposals make it very clear that when a driver has consumed drugs or alcohol and then kills someone, and if there is sufficient evidence to charge that driver with careless or dangerous driving, he or she could face a life sentence. Obviously it is for the Crown Prosecution Service to prosecute on the basis of the evidence, and it is for the courts to hand down the relevant sentence. I look forward to discussing the details of that specific case with the Beresfords later this afternoon.
Anne McLaughlin
Shadow SNP Spokesperson (Civil Liberties)
A constituent of mine who has pleural plaques is raising an action against his former employers, of whom there are many because of the nature of his work. His claim is subject to a time bar and must be submitted by the end of the year. However, he cannot obtain a list of his employers because Her Majesty’s Revenue and Customs says that that will take 321 days. I am sure that he would appreciate it if the Secretary of State asked the Treasury to make an exception.
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I shall be happy to look into the case with the hon. Lady.
Suella Fernandes
Conservative, Fareham
On her first day in office, the Prime Minister said:
“If you are black you are treated more harshly by the criminal justice system than if you are white.”
I am pleased to be working with Mr Lammy on a review of the treatment of, and outcomes for, black, Asian and minority ethnic individuals in the criminal justice system. What steps will the Secretary of State take to act on the emerging findings, which show that, in respect of arrests and charging, such people are disproportionately affected?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I am delighted that my hon. Friend has joined that review, to which I am sure that she will make a major contribution. Clearly there are issues throughout the criminal justice system that we need to examine, but I am certainly keen to see more diversity throughout our legal services industry and our judiciary, and we are working very hard on that.
Rob Marris
Labour, Wolverhampton South West
Education budgets are being devolved to prison governors. Will each of those budgets be ring-fenced for education spending purposes?
John Bercow
Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Speaker of the House of Commons, Chair, Commons Reference Group on Representation and Inclusion Committee, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Chair, Commons Reference Group on Representation and Inclusion Committee
Well! A one-word answer. Absolutely magnificent. I very much doubt that we shall hear a one-word question, but we can always ask the Chair of the Justice Committee, who is himself an accomplished lawyer. There is a hint there. I call Mr Robert Neill.
Bob Neill
Chair, Justice Committee, Chair, Justice Committee, Chair, Justice Committee
Given the Government’s welcome development of a corruption prevention strategy for our prisons, will the Minister look personally at the allegations of systemic corruption raised by BuzzFeed News today on the basis that this presents a serious risk of undermining our prison system?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
I completely agree with my hon. Friend. While the vast Majority of prison officers are hard-working and dedicated, there is a small minority that is an issue. We acknowledge that in the white paper, and we are reporting early next year on our corruption strategy. We are also considering options for a prison-specific offence of corruption to crack down on that scourge.
Nusrat Ghani
Conservative, Wealden
I have previously raised my concerns with the Lord Chancellor about the rise of gangs promoting extremist ideology within prisons. Will she update the House on how her Department is cracking down on extremist behaviour?
Elizabeth Truss
The Lord Chancellor and Secretary of State for Justice
My hon. Friend is right about our concerns. We launched our response to the Acheson review in the summer. I am pleased to say that all prison officers are currently being trained—and will be by the end of the year—in tackling extremism, but I would be very pleased to have a meeting with her to discuss what further measures we can take to deal with this issue.
Philip Davies
Conservative, Shipley
Thank you very much, Mr Speaker.
When the previous Labour Government changed the law so that prisoners had to be released halfway through their sentence irrespective of how badly they behaved or if they were still a risk to the public, the then Conservative Opposition were apoplectic and voted against the change. Do the Government think that the then Conservative party was wrong to oppose that change in the law?
Sam Gyimah
The Parliamentary Under-Secretary of State for Justice
I refer my hon. Friend to the answer I gave earlier today and last week to the Select Committee.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
In a general election, each Constituency chooses an MP to represent them. MPs have a responsibility to represnt the views of the Constituency in the House of Commons. There are 650 Constituencies, and thus 650 MPs. A citizen of a Constituency is known as a Constituent
A document issued by the Government laying out its policy, or proposed policy, on a topic of current concern.Although a white paper may occasion consultation as to the details of new legislation, it does signify a clear intention on the part of a government to pass new law. This is a contrast with green papers, which are issued less frequently, are more open-ended and may merely propose a strategy to be implemented in the details of other legislation.
More from wikipedia here: http://en.wikipedia.org/wiki/White_paper
The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".