Topical Questions 2024-01-09
2024-01-09
TAGS
Response quality
Questions & Answers
Q1
Partial Answer
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Context
The question arises from the ongoing work of HM Prison and Probation Service and HM Courts and Tribunals Service staff during Christmas, and recent progress on key bills such as the Victims and Prisoners Bill.
If he will make a statement on his departmental responsibilities. The Minister mentions sexual offences, but it frustrates me beyond belief that my constituents have to wait on average 839 days for their cases to be heard. Is the distress caused taken into account, or is the system too broken?
The hon. Gentleman is absolutely right to raise the issue of victims of serious sexual offences. We take that incredibly seriously, and that is why we have introduced measures such as section 28, which enables evidence to be taken and recorded in advance. We have increased the fees for barristers to make that more straightforward. We have also increased the number of independent sexual violence advisers, who accompany, as it were, those victims on that journey. That is very important to prevent dropout rates. This is an important point: the sentencing levels are much higher—up by 30% compared with 2010.
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Assessment & feedback
The distress caused by long waits for court hearings was not directly addressed.
Response accuracy
Q2
Partial Answer
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Context
The question stems from concerns about the average wait time of 839 days for victims of serious sexual offences to have their cases heard, highlighting the distress caused by such delays.
The Minister mentions sexual offences, but it frustrates me beyond belief that my constituents have to wait on average 839 days for their cases to be heard. Is the distress caused taken into account, or is the system too broken?
The hon. Gentleman is absolutely right to raise the issue of victims of serious sexual offences. We take that incredibly seriously, and that is why we have introduced measures such as section 28, which enables evidence to be taken and recorded in advance. We have increased the fees for barristers to make that more straightforward. We have also increased the number of independent sexual violence advisers, who accompany, as it were, those victims on that journey. That is very important to prevent dropout rates. This is an important point: the sentencing levels are much higher—up by 30% compared with 2010.
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Assessment & feedback
The distress caused by long waits for court hearings was not directly addressed.
Response accuracy
Q3
Partial Answer
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Context
Parents are waiting between nine months and 13 months for decisions regarding education, health and care plans (EHCP) appeals, which is seen as too long given the impact on children's development.
I draw the attention of the House to my entry in the Register of Members' Financial Interests in that my wife is an education lawyer. Parents appealing decisions in relation to education, health and care plans (EHCP) and health needs are forced to wait between nine months and 13 months from appeal registration to hearing. That is far too long in terms of a child's development. Does my hon. Friend agree with that? Does he also share my concern that some schools are delaying providing EHCPs in the knowledge that it will take a year or more to have an appeal?
My right hon. Friend is right. Despite special educational needs and disabilities (SEND) appeals and disposals being up by 24% and 29% respectively, I do share his concerns, and systematic reform is required. That is why through the SEND and alternative provision improvement plan, the Department for Education and ourselves will be working hard to ensure that it is improved. I am more than happy to meet my right hon. Friend to go through the details.
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Assessment & feedback
The specific commitment to address delays was not fully outlined; only a general acknowledgment of concerns and willingness to meet was provided.
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Q4
Partial Answer
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Context
The Children's Commissioner reported that boys in two young offender institutions spent only up to one hour outside their cells each day, leading to an increase in violence.
The Children's Commissioner's report on family contact in the youth estate states that at the weekend, in two young offenders institutes, boys spent only up to one hour outside their cell each day. We can clearly see why that has led to an increase in violence. What is the Minister going to do about it?
It is important to note that, since 2010 when we came into power, the number of under-18s in custody has dropped dramatically. The cohort now in young offenders institutes is, to put it politely, highly complex. We take that extremely seriously and want to ensure there are sufficient staff. We do not give up on people, but it is important to recognise that that cohort will have been convicted of extremely serious offences, and we want to ensure there are sufficient resources to try to get the best out of them.
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Assessment & feedback
Did not provide specific steps to address limited family contact or poor conditions in youth estate.
Response accuracy
Q5
Direct Answer
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The senior coroner for the area pointed out concerns over health services and preventable deaths in north Wales. Dr Georgia Richards's Preventable Deaths Tracker could be beneficial.
I recently met the senior coroner for my area about concerns over health services in north Wales and to discuss preventable deaths. As part of that work, he pointed me towards the Preventable Deaths Tracker, set up by Dr Georgia Richards in Oxford. Will the Secretary of State commit to meeting Dr Richards and me to discuss the potential benefits of the tracker?
My hon. Friend makes a great point. My officials have already met Dr Richards to discuss her work on the tracker and, together with the Chief Coroner's office, we are exploring with her team how best to share the tracker on the various websites. However, I am more than happy to meet with my hon. Friend and Dr Richards to discuss how we can work together.
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Q6
Partial Answer
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Numerous studies indicate that a higher percentage of black and Asian defendants are being held on remand compared to white women.
Numerous studies have found that the numbers of minoritised and migrant women being held on remand are disproportionately high. For example, 10% of female black and Asian defendants were remanded in custody by magistrates courts, compared with 7% of white women. What steps are the Government taking to address those clear inequalities in the use of remand?
I am grateful to the hon. Lady; she will be aware of the work being done across the criminal justice system through both the race disparity review and the Lammy review in that context. Decisions on remand are taken by the judiciary, so it would be wrong for me to comment on judicial decisions, but I am happy to meet her to discuss this further if that would be helpful, and so is the Minister for disparity in the justice system, my hon. Friend the Member for Finchley and Golders Green (Mike Freer).
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Assessment & feedback
Did not provide specific measures against disparities; offered to meet instead.
Response accuracy
Q7
Direct Answer
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Context
The question is about whether the Director of Public Prosecutions can take over a private prosecution.
Can the Secretary of State confirm that the Director of Public Prosecutions could take over a private prosecution and discontinue it?
The Crown Prosecution Service can take over any criminal prosecution. It may then carry out the prosecution or it may end or discontinue the prosecution if it does not believe it should have been brought in the first place.
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Q8
Partial Answer
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Context
The latest Scottish crime and justice survey showed a 53% decrease in the volume of crime, including incidents not reported to police. This is one of the lowest levels since 1974.
I am pleased that the volume of crime has decreased by 53%, including incidents not reported to the police, and we have the lowest level of recorded crime in Scotland since 1974. Will the Justice Secretary join me in congratulating Police Scotland and all community safety partners for their success?
We welcome any reduction in crime, and I am happy to congratulate Police Scotland on its work. Crime and reoffending are also down across England and Wales.
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Assessment & feedback
Did not directly acknowledge the specific success of Scottish community safety efforts or commit to a congratulatory statement.
Response accuracy
Q9
Direct Answer
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Context
The Department has been looking at fitting alcohol monitoring tags for offenders during the festive season.
What assessment have the Government made of the effectiveness of alcohol monitoring tags in reducing alcohol-fuelled crime?
Alcohol tags are hugely valuable and used increasingly to tackle violent crime. Around 2,800 individuals were wearing an alcohol tag at the end of November 2023, with a compliance rate of 97.3% since their introduction in October 2020.
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Q10
Partial Answer
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Tallulah Cox, a constituent of the MP's, was diagnosed with brain stem cancer in May 2022. Her parents were not informed about side effects of radiation treatment and had to fight for support from local council and NHS.
My constituent Tallulah Cox passed away due to lack of support from local council and NHS despite being diagnosed with brain stem cancer. What steps are being taken to ensure better support?
This sounds like an appalling case, and my heart goes out to Tallulah Cox. If the hon. Lady writes to me, she will get a response.
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Q11
Direct Answer
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Torbay Council's safety of women at night charter is being championed by Councillor Hayley Tranter to ensure deterrent sentences for those who pose a threat.
What steps are the Government taking to ensure that offenders who spike drinks get appropriate deterrent sentences?
Spiking is a disgusting crime carrying up to 10 years in prison. We are changing the Offences Against the Person Act 1861 to define spiking comprehensively and investing in rapid drinks testing kits.
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Q12
Partial Answer
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The victim of a violent attack was not informed when the perpetrator, who received less than 12 months, was released from prison.
Will the Secretary of State commit to resolving the issue where victims are not informed about when perpetrators, sentenced for less than 12 months, will be released?
The rights of victims under the victims code have tightened. If we need to go further, that seems a sensible conversation and I would be happy to have it.
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Q13
Partial Answer
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There remain 800 Post Office convictions based on bad data, preventing victims from claiming compensation.
Will the Justice Secretary bring a simple Bill to quash all 800 convictions immediately?
The suggestion is receiving active consideration. I expect to be able to make further announcements shortly.
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Q14
Partial Answer
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Context
Cuckooing is a terrible activity that could be made easier to prosecute.
Will the Minister discuss cuckooing as a specific crime with my hon. Friend?
The suggestion has been considered by way of discussions with criminal justice partners. I would be happy to have further conversations.
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Q15
Direct Answer
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January is often considered family breakdown month, with divorces costing over £14,000 on average.
Will the Lord Chancellor meet to look at campaigns for divorce and family breakdown reform?
I am more than happy to arrange a meeting with my noble Friend Lord Bellamy to update her and the noble Baroness Deech.
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Q16
Partial Answer
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The Government's One HMPPS programme has triggered a formal dispute with the probation unions because it subsumes probation further into prisons, contrary to efforts to have a locally focused and stand-alone service.
To reduce reoffending we need a strong, locally focused and stand-alone probation service—similar to how things were before privatisation—so why are the Government moving in the opposite direction with their One HMPPS programme which has triggered a formal dispute with the probation unions because it subsumes probation still further into prisons?
I am grateful to the hon. Gentleman for his question; it is nice to answer questions from him again, as I did when he was shadow Secretary of State. The One HMPPS programme is about different parts of the system working well together to create a system that delivers the outcomes that society wants to see.
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Assessment & feedback
The answer does not address why the government is proceeding with One HMPPS despite its opposition and disputes.
Hedging Language
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Q17
Partial Answer
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The Horizon IT scandal involves hundreds of victims who have lost faith in the process for seeking justice due to a massive scale of miscarriage of justice.
In a perfect world, the victims of the Horizon IT scandal would have their cases individually assessed by the Criminal Cases Review Commission and the Court of Appeal. But we are not in a perfect world; the scale of the miscarriage of justice is enormous and there are hundreds of victims who understandably do not want to come forward because they have lost faith in the process. Will my right hon. and learned Friend the Lord Chancellor now consider the exceptional and unique step of legislating to quash the convictions?
I am grateful to my right hon. and learned Friend, who speaks with such authority. The circumstances are truly exceptional; when I was a Back Bencher, I went on record as saying that Horizon is the most serious miscarriage of justice since the Guildford Four or the Birmingham Six. But the situation involves hundreds of people and will need an appropriate resolution.
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Assessment & feedback
The answer does not address whether the Lord Chancellor will consider legislating to quash the convictions.
Hedging Language
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Q18
Partial Answer
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The Illegal Migration Act 2023 affects victims of human trafficking who arrived in the UK via irregular routes, preventing them from receiving support under modern slavery provisions.
Under the Illegal Migration Act 2023, victims of human trafficking who arrived in the UK via irregular routes would not have legal recourse to receive support under modern slavery provisions. Are Ministers comfortable with that? I assume they are not monsters and if they are not, what will they do about it?
I will have to write to the hon. Gentleman and check exactly what the provisions are for legal aid under the Illegal Migration Act. I am more than happy to provide him with the details and meet him if necessary.
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Assessment & feedback
The answer does not address whether the government is comfortable with this situation or proposes specific action.
Promising To Follow Up
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Q19
Partial Answer
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The scale of the Horizon IT scandal involves hundreds of victims who have lost faith in the process for seeking justice.
Precisely because legislating to overturn convictions would be so unprecedented, will my right hon. and learned Friend the Lord Chancellor make sure that before such a step is taken, he is satisfied from conversations with the senior judiciary that the means of triaging and consolidating appeals that currently exist may not be capable of delivering justice within an acceptable timeframe?
That is precisely the point, and my hon. Friend has put his finger on it. Of course, we would not want to stray into the normal lane of the judiciary; we have huge respect for our independent judiciary who do an exceptionally good job of ensuring that there is fairness on the facts before them. As I have said, the case is wholly unprecedented and we will want to have exhausted all alternatives before taking radical action.
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Assessment & feedback
The answer does not address whether the Lord Chancellor will ensure conversations with the senior judiciary.
Hedging Language
Response accuracy
Q20
Partial Answer
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Spending on housing legal aid has fallen by more than half in the past decade, from £44 million to £20 million.
Spending on housing legal aid has fallen by more than half in the past decade—from £44 million to £20 million. Is this a proper response to growing insecurity, overcrowding and poor conditions in the housing market or might it be a contributing factor?
I have to say to the hon. Gentleman that just last year we invested an extra £10 million in housing legal aid, so I think we are addressing the issue.
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Assessment & feedback
The answer does not address whether the reduction is appropriate or if it contributes negatively.
Highlighting Recent Investment
Response accuracy