Topical Questions

Oral Answers to Questions — Justice – in the House of Commons at 12:00 am on 6th December 2016.

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Photo of David Rutley David Rutley Conservative, Macclesfield 12:00 am, 6th December 2016

If she will make a statement on her departmental responsibilities.

Photo of Elizabeth Truss 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.

Photo of David Rutley 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?

Photo of Elizabeth Truss 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.

Photo of Richard Burgon 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?

Photo of Elizabeth Truss 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.

Photo of Stephen Metcalfe Stephen Metcalfe Chair, Science and Technology Committee (Commons)

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.

Photo of Elizabeth Truss 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.

Photo of Imran Hussain 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?

Photo of Oliver Heald 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.

Photo of David Warburton 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?

Photo of Elizabeth Truss 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.

Photo of Roger Mullin 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?

Photo of Oliver Heald 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.

Photo of Lucy Allan Lucy Allan Conservative, Telford

With care applications rising dramatically in the family courts, what steps is the Minister taking to head off what Sir James Munby, the president of the family division, has referred to as a “looming crisis” in the family courts?

Photo of Oliver Heald 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.

Photo of Diana R. Johnson 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?

Photo of Phillip Lee 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.

Photo of Sheryll Murray Sheryll Murray Conservative, South East Cornwall

What action are the Government taking to address the specific needs of women in the justice system?

Photo of Phillip Lee 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.

Photo of Luciana Berger 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?

Photo of Elizabeth Truss 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.

Photo of Stephen Hammond 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?

Photo of Oliver Heald 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.

Photo of Greg Mulholland 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?

Photo of Sam Gyimah 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.

Photo of Lucy Frazer 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?

Photo of Elizabeth Truss 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.

Photo of Kate Green 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?

Photo of Elizabeth Truss 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.

Photo of Iain Stewart 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?

Photo of Elizabeth Truss 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.

Photo of Rushanara Ali 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?

Photo of Elizabeth Truss 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.

Photo of Chris Philp 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?

Photo of Sam Gyimah 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.

Photo of Anne McLaughlin 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.

Photo of Elizabeth Truss Elizabeth Truss The Lord Chancellor and Secretary of State for Justice

I shall be happy to look into the case with the hon. Lady.

Photo of Suella Fernandes 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?

Photo of Elizabeth Truss 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.

Photo of Rob Marris 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?

Photo of John Bercow 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

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.

Photo of Bob Neill Bob Neill 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?

Photo of Elizabeth Truss 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.

Photo of Nusrat Ghani 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?

Photo of Elizabeth Truss 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.

Photo of Philip Davies 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?

Photo of Sam Gyimah 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.