PARLIAMENTARY DEBATE
Topical Questions - 14 May 2024 (Commons/Commons Chamber)

Since the last session of Justice questions, I have met my G7 ministerial counterparts in Italy to discuss topics ranging from preventing illegal migration to tackling organised crime. Furthermore, we have announced a new offence—in which, incidentally, my G7 colleagues were very interested—prohibiting the creation of sexually explicit deepfakes, announced measures to remove parental responsibility from those convicted of the rape of a child, made progress with the Litigation Funding Agreements (Enforceability) Bill in the House of Lords to support access to justice for those such as the postmasters, and introduced an amendment to the Victims and Prisoners Bill to provide further protection for victims against unnecessary disclosure of counselling notes.

I have also attended the “Unlocking Investment in Ukraine” conference, which brought together Ukrainian lawyers and eminent British jurists. We in this country understand the importance of a strong legal sector to secure Ukraine’s future. The British people and this Parliament are determined to ensure that once it has won the war, Ukraine wins the peace as well.

With more than 80,000 children caught up in private family law proceedings, what is the Secretary of State doing to ensure that the welfare of children is protected?

I thank the hon. Gentleman for raising private family law, because all too often people raise the issue of crime, but family matters too. I am really delighted that we have managed to secure funding from the Treasury to roll out early legal advice in private family law. Alongside the Pathfinder pilot scheme, it is designed to make the process of dealing with private family disputes more seamless and less painful, and ultimately ensure that children are put first.

If someone is the victim of a “crash for cash” scam, they are likely to be the victim of an offence under the Fraud Act 2006 or, potentially, under the Road Traffic Act 1988. We have quadrupled the funding for victims of crime, who are entitled under the victims code to be kept updated about the crime, to be notified about compensation and to be offered special measures if the case gets to court. Regardless of whether someone is the victim of “crash for cash”, theft or any other crime, the state should be there to provide the support they need.

I call the shadow Secretary of State.

This week the chief inspector of prisons found that, at HMP Lewes, the Government’s early release scheme is undermining safety and risk management. In one case, a high-risk prisoner was released early despite being a risk to children, having a history of stalking and domestic abuse, and being subject to a restraining order. Is this the Secretary of State’s idea of putting public safety first?

I read that report with care and will be looking very carefully at that specific case. It is important to read precisely what the chief inspector said. He said that that was an incident right at the beginning of the process, and he expected that things would bed down as we move on. The critical point is that under the Government’s scheme, if there is a concern about an individual who is proposed to be eligible, the governor can impose a veto, which gets the decision escalated to a panel. That is an important safeguard, and it was not present under the Labour scheme, as the hon. Lady well knows.

Report after report; failure after failure. At Parc Prison, nine people have died in just two months. At Bedford, cells were flooded with raw sewage. At Wandsworth, a suspected terrorist escaped last year, the prison is still not secure and the governor has resigned. She has taken responsibility. When will the Secretary of State?

The hon. Lady is right to say there are prisons where the standards are not where we want them to be. There are something like 120 prisons in the estate, and we are the party that created the urgent notification system so that these matters can be drawn to the attention of the Government, but I will make the following point. There are prisons that have failed in the past, and we have turned them around. Take HMP Liverpool, which I went to. My hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill), who is Chair of the Justice Committee, will remember that in 2017 there was a scathing report about the prison, which has been turned around. It is safe, decent and rehabilitative, and prisoners are doing excellent work. Or take HMP Chelmsford, which had a UN and has been turned around. We take this issue incredibly seriously, and we are the party that is investing record amounts in our estate. In government, Labour boasted that it would bring in three Titan prisons, but it brought in one.

Order. Secretary of State, this is topicals. I have to get your colleagues in, and I am sure you would not want them to miss out.

I thank my right hon. Friend for that important point. Fewer than 1% of tenancies required court action in 2019, but for difficult cases that do escalate to the courts, the Government recognise the importance of making sure that the process is smooth and efficient. Nearly 90% of county courts are currently listing possession hearings within four to eight weeks after a claim is received. On bailiff recruitment issues, we are running recruitment campaigns and have reduced administrative burdens to free up resources for bailiffs to focus on enforcement activity.

The hon. Lady is right to highlight the work of probation. I put on record—as I know my shadow would and I know she would—our gratitude to all those who work in our probation service. Over the long term, since 2021 we have put an extra £155 million a year into the probation service, and 4,000 more staff in training. She will have also seen the recent announcement made by my right hon. and learned Friend the Lord Chancellor in respect of the probation reset to enable probation officers to focus their time on where it makes the greatest difference and has the greatest impact.

I can confirm to my hon. Friend that officials have reviewed and considered ICROs, which involve the use of electronic monitoring, curfew arrangements and rehabilitative requirements targeted towards offenders who would otherwise be in custody. In June last year, we began a pilot of a scheme similar to the one he proposes, involving intense supervision courts, which divert offenders with complex needs away from short custodial sentences and provide them with wrap-around, multi-agency support to target the root causes of their offending behaviour.

I thank the hon. Lady for raising that important point on behalf of her constituents, and I will write to her.

In response to the Wade review, we have increased sentences by introducing statutory aggravating factors for murders that are preceded by controlling or coercive behaviour, that involve overkill or that are connected with the end of a relationship. We have also consulted publicly on sentencing starting points for murders preceded by controlling or coercive behaviour and for murders committed with a knife or other weapon. The Government are carefully considering the responses to the consultation and will publish their response in due course.

No, I do not accept the premise of the hon. Gentleman’s question, which may not surprise him. In respect of Bedford Prison, which he and I have spoken about, we continue to put the investment into both staff and the prison to make progress following that urgent notification.

A constituent recently attended my surgery in Bishop Auckland to disclose her serious concerns about poor communications from both the Children and Family Court Advisory and Support Service and the family court-appointed children’s guardian in her case. This is an extremely distressing time for her and her family, so good communication is surely key. How can the Minister ensure that my constituents will receive the support and advice they need in a timely fashion?

I thank my hon. Friend for being so assiduous in raising this important matter on behalf of her constituents. We are investing heavily in the family system to deal with precisely these issues. If something has gone wrong in that specific case, perhaps she will be kind enough to come to see me so that we can discuss it further.

The total number of IPPs is slightly higher than that but, looking into the data, the really significant factor is that, whereas there were some 6,000 IPP prisoners in 2012, the number who have not been released is down to around 1,200. Our action plan tries to address that. Our reforms are designed to ensure that, when IPP prisoners are released, they do not face a licence period of 10 years, which can lead to them being recalled at any time. Reducing it to three years is a humane and sensible way of trying to erase this stain on the conscience of our justice system.

Yesterday, The New Yorker published a 13,000-word inquiry into the Lucy Letby trial, which raised enormous concerns about both the logic and the competence of the statistical evidence that was a central part of the trial. The article was blocked from publication on the UK internet, I understand because of a court order. I am sure that court order was well intended, but it seems to me that it is in defiance of open justice. Will the Lord Chancellor look into this matter and report back to the House?

I am grateful to my right hon. Friend for raising this. Court orders must be obeyed, and a person can apply to the court for them to be removed. That will need to take place in the normal course of events.

On the Lucy Letby case, I simply make the point that juries’ verdicts must be respected. If there are grounds for an appeal, that should take place in the normal way.

We have increased capacity in the system. We have opened 20 Nightingale courts, including Cirencester Crown court in my county of Gloucestershire. We have increased the number of judges by 1,000. We have put up to £141 million into legal aid. We have raised the retirement age. And we are ensuring there is support for victims, including through independent sexual violence advisers and independent domestic violence advisers, and by introducing a rape support helpline, and so on. We are doing everything we can to support victims, to increase capacity in the system and to heal the damage caused by covid.

I call the Chair of the Justice Committee.

The Lord Chancellor will know that there is particular concern about the growth of the remand population in our prisons, which causes great disruption. He will also know that the senior presiding judge and others are taking innovative measures to list remand cases, but will the Lord Chancellor confirm that, to support that, there will be no financial cap on sitting days in the Crown courts?

As always, my hon. and learned Friend gets to the heart of the matter. Before the pandemic, around 9,000 people were in custody awaiting trial. The figure is now closer to 16,000, which plainly has an impact. It is because we did not get rid of jury trials, which was the right thing to do. I am grateful to the Lord Chief Justice and the senior presiding judge for considering remote hearings of bail applications, to ensure that more lawyers are able to do the cases. Having enough practitioners, as well as sitting days, is critical, and both will have my attention.

Last week’s letter to the Justice Secretary from the chief inspector of prisons again highlighted the dreadful conditions in Wandsworth Prison. Will the Secretary of State take urgent steps to end the overcrowding?

The hon. Lady is right to raise this hard-hitting, searing report. I was interested to note that, although there is a full complement of officers, the prison simply is not delivering the regime that it should. We absolutely accept that. Of course, the high remand population is an issue at Wandsworth, but Cardiff and Liverpool have achieved fantastic results. It can be turned around, so we are responding rapidly. We have already invested heavily, and £24 million has been spent. We have already deployed extra staff at all grades, and we will be providing support. A prison standards coaching team is offering face-to-face coaching for band 3 officers, with further deployment shortly.

I appreciate that an inquiry is being conducted regarding the Horizon scandal, but what is the Department doing to hold to account those lawyers who prosecuted sub-postmasters despite the evidence being to the contrary?

Anybody who appears in court, but particularly prosecutors, must be mindful of their solemn and sacred duty to disclose material to the defence that might reasonably be considered capable of undermining the case for the prosecution—that is literally the most important rule. If they failed in this case, I would expect the appropriate authorities to take robust and prompt action.

For the final question, I call Imran Hussain.

I thank the hon. Gentleman for that kind invitation. I will consider it and respond in due course.