PARLIAMENTARY DEBATE
Topical Questions - 5 November 2024 (Commons/Commons Chamber)

One of my constituents—

Order. This is the first topical question.

I think Members from all parties need a reminder about the form in this House for oral questions, Mr Speaker.

Since the last Justice questions, I have launched an independent review of sentencing. It will ensure that there is always space for dangerous offenders in our prisons and that we expand the use of punishment outside prisons, so that no Government are ever forced to release prisoners early again. The Government have also introduced their first Budget and we have seen an additional £850 million of funding for the Ministry of Justice.

I note the arrival of the new shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick). While rumour has it that this job was not his first choice and he may have been asked to do it on more than one occasion by his new boss, I warmly welcome him to his new position.

One of my constituents has been attending court to resolve a matter around divorce and periodical payments since 2015. Although she has achieved positive results at all the court hearings, with many court orders, sadly there have always been errors and incompetence in the system. Will the Minister meet me to discuss these matters so that I can get a final resolution, after almost a decade, for my constituent?

I am shocked to hear about the extent of the delay in the case of the right hon. Gentleman’s constituent. He is welcome to write to me with the specific details and I will ensure he gets a meeting with the relevant Minister.

The Government have made it clear that we are fully committed to bearing down on the Crown court caseload. To relieve pressure on Ipswich Crown court in particular, the south-east region has begun sending appropriate cases to Cambridge Crown court for hearing. Nationally, we have increased the number of Crown court sitting days to 106,500, which is 500 more than agreed by the previous Lord Chancellor.

I call the shadow Secretary of State.

Police firearms officer Sergeant Blake was a hero and we all want to see individuals like him, who put themselves in the line of fire, respected. What work is the Lord Chancellor doing, alongside the Home Secretary, to review the threshold for prosecution for individuals such as Sergeant Blake, so that they never find themselves in the invidious position that he did?

I thank the shadow Secretary of State for his question. He will be aware that charging decisions are a matter for the independent Crown Prosecution Service. What the Home Secretary has announced, and what I have been working with her on, is the introduction of a presumption of anonymity for all firearms officers if they find themselves being charged by the CPS. We believe that such a measure could have made a difference in this case. The Home Secretary has also announced measures that resulted from the police accountability review work undertaken by the previous Government, and we are taking those forward.

I thank the Lord Chancellor for her answer. Jonathan Hall KC, the reviewer of terrorist laws, has said that the authorities should put as much information as they can in the public domain to maintain public trust in terrorist cases, which have the highest public interest. In the void, misinformation takes hold and that diminishes public trust. While of course respecting the judicial process and not commenting on the individual facts of the case, can the Secretary of State explain the reported two-week delay between the CPS making a charging decision with respect to the alleged Southport attacker and it being announced to the general public?

As the right hon. Member is now the shadow Lord Chancellor, may I remind him that we do not comment on cases that are sub judice? That includes commentary that everyone is aware relates to cases currently going through our legal processes. What I will say is that those are independent decisions for the Crown Prosecution Service, which ultimately decides what charges to bring. In live police investigations into complex cases, it is appropriate that those investigations, the charging decisions and, ultimately, the cases are done by the independent parts of the process and that there is no interference from Government.

May I also say that we will be returning to this matter straight after the case, as Members right around the House, including me, have great concerns? I assure the House that we will come back to this subject, but, in the meantime, the trial must go ahead.

I thank my hon. Friend for highlighting the brilliant work of Savana. The charity does tremendous work in supporting victims and survivors of these abhorrent crimes. This financial year, the Government are providing £41 million of ringfenced funding for ISVAs and independent domestic violence advisers. Now that the departmental budgets for 2025-26 have been announced, the internal departmental allocations process is taking place. I have written to police and crime commissioners to assure them that they will be told of the settlement by the beginning of December, and I would love to visit Savana in Stoke-on-Trent.

I call the Liberal Democrat spokesperson.

An estimated 80,000 disabled young people are unable to benefit from their child trust fund savings, because their families are being thwarted by a complex legal process before they can access them. The previous Government let these families down by tolerating that, so this Government need to act. Will the Minister commit to simplifying this agonising process to ensure that these disabled young people get the cash that they deserve?

This Government recognise the difficulties that parents and guardians of young people who lack mental capacity can face in accessing their child trust fund. I recently met the hon. Member’s colleague, the hon. Member for Horsham (John Milne), and his constituent about this issue. The Government will consider what can be done in a way that safeguards those who lack capacity.

The right to protest is an important part of our democracy, but it has to be exercised within the law. Sentencing in individual cases is, of course, a matter for independent courts.

I thank the hon. Gentleman for that very important question. He is right: all parts of this country—all our nations—are experiencing an epidemic of violence against women and girls. We have already spoken about the 16 days of action, which will highlight what we can all do to stand against this abhorrent crime. I am working with my counterparts across all the devolved nations on how we tackle violence against women and girls. I will bring forward more information in due course.

The Government inherited a record and rising court backlog, which has seen far too many victims and survivors waiting too long for justice. Decisions on case listing are a matter for the independent judiciary, who, when possible, look to prioritise cases involving vulnerable victims and witnesses. We are committed to bearing down on the caseload to speed up the delivery of justice for all victims.

I have been lobbied by the same group in the west midlands. I will certainly look at the representations that have been made.

Thomas White was sentenced to three years for theft of a mobile phone in 2012. He remains in a category A prison 12 years later, having received an imprisonment for public protection sentence. Two medical reports this year have confirmed his deteriorating mental health. He recently attempted to set himself on fire and has since stopped taking his medication. Will the Secretary of State meet me and his sister, Clara White, to discuss his case?

I am very sorry to hear about the circumstances facing my hon. Friend’s constituent’s sibling in prison. We are determined to make more progress with IPP prisoners, but never in a way that compromises public protection. If my hon. Friend writes to the Department with the specifics of the case, I will ensure that he receives a response.

A lady from Northampton was recently given a 31-month sentence for a tweet, whereas an individual who incited physical violence on the streets of Birmingham as part of a pro-Palestinian protest received a far lesser sentence. Does the Secretary of State agree that such inconsistencies create the perception, at least, that we have a two-tier justice system?

It is incumbent on Members to ensure that such a perception does not take hold and not to inappropriately compare sentences handed out in different types of cases. As the hon. Gentleman well knows and every Member of this House should know, sentences in individual cases are a matter for the independent judges who hear those cases; the trials unfold in front of them.

I welcome the commitment in the Budget to our courts after 14 years of neglect. Truro Crown court is facing a temporary cut to Crown court sitting days until the end of the year. I have previously asked about delayed rape and sexual offences cases at Truro Crown court. Can measures be considered to assist?

As my hon. Friend will know, we are doing everything we can to bear down on the Crown court caseload, including extending magistrates’ sentencing powers. The Budget also confirmed 106,500 sitting days for this year.

I understand why the hon. Lady raises that issue, but transcripts must be 100% accurate. They are legal documents, so “good enough” simply does not cut it. I will review what technology is available, and I am happy to keep her updated.

A report from May 2022 showed that only nine of the 32 prison education institutions inspected were judged “good” or “outstanding” by Ofsted; additionally, less than 40% of prisoners took courses up to GCSE level. Does my hon. Friend agree that if we are to tackle rehabilitation, we must improve prison education across the estate?

My hon. Friend is right: the quality of prison education must continually improve if we are to achieve the best possible rehabilitation outcomes.

Will the Secretary of State make available—perhaps through a note in the Library—the number and type of foreign national offenders who, aided by deluded interest groups and dodgy lawyers, are resisting deportation by means of appeal, either to domestic courts or to European—foreign—judges?

I can assure the right hon. Gentleman that all the data that was published under the previous Government will continue to be published by ours.

As my hon. Friend the Member for Sheffield Central (Abtisam Mohamed) pointed out, legal aid is currently restricted to those on the lowest incomes. I have received correspondence from a constituent who, despite being a domestic abuse survivor, cannot access legal aid because her income is above the threshold. Will the Minister consider widening legal aid eligibility to all victims of domestic violence?

Some cases are eligible for legal aid under exceptional case funding. If my hon. Friend writes to me with the details of the case, I will come back to him with any advice that I can offer.

As Ministers are doubtless aware, domestic abuse includes financial abuse and coercive control. I have a constituent whose ex-partner is using the family courts to perpetrate his controlling and abusive behaviour against her. What can be done to prevent the legal system from being used as a vehicle for extending domestic abuse by former partners?

The hon. Lady is right: sadly, family courts are far too often used to re-traumatise victims of domestic abuse. The Government are alive to that fact, and we are rolling out our pathfinder pilot to focus on a more child-centred approach. I am meeting Surviving Economic Abuse this afternoon—we have a great relationship with that organisation—to see how best we can do more and support victims.

I wonder if Ministers are as astounded as I am that Conservative Members are still attacking us, as the shadow Justice Secretary did at the start of this question time, for clearing up their mess in the criminal justice system. Will the Government commit to increasing capacity in our prison system, so that we can deal with the crisis that the Conservatives ran away from?

The shadow Secretary of State has not necessarily been in position long enough to have acquainted himself with all aspects of his Government’s performance in this area. We will spend more this year on building the prison places that the last Government failed to deliver, and we have launched our landmark sentencing review to ensure that we never again have to make emergency releases.

HMP Garth has been likened to an airport because of the number of drones that illegally fly drugs into that prison. What urgent action is the Lord Chancellor taking to end that unacceptable situation?

Drugs getting into prison is a huge issue, and I am very aware of the issues at Garth. The Minister with responsibility for prisons will meet the governors and think about how to deal with those problems in the medium and long term.

There was welcome news for the Ministry of Justice in the Budget last week, but I did not hear any mention of legal aid funding. When will the criminal legal aid advisory board recommendations and the civil legal aid review be published, and when can we expect to see some reversal of the catastrophic cuts made to legal aid and advice since 2010?

We will publish our response to the “Crime Lower” consultation in a matter of weeks. I anticipate being able to publish the CLAAB report at that stage, and some of the documents relating to the review of civil legal aid before the end of this year.