Commons Sense

House of Commons · Ministers' Questions

Topical Questions

Tuesday 8 December 2020 · 18 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 3 Partly answered 14 Not answered 0

Key points

  • Andrew Gwynne asked about judicial review, emphasizing its importance for holding the Government accountable, to which the Justice Secretary agreed and noted that the review will soon report and be published.
  • Greg Smith inquired about a consultation on building a new prison near Grendon and Spring Hill prisons in his constituency, receiving a response that the consultation comments are being considered before submitting outline planning.
  • Joanna Cherry questioned the independent review of the Human Rights Act, noting the absence of analysis on whether the Act is working effectively, to which the Lord Chancellor acknowledged the point and stated that these issues will likely be part of the debate.

Topics (select to filter)

Questions & Answers

Q1 Andrew Gwynne Ind Gorton and Denton
Justice & Courts
Context

The MP expressed concerns about judicial review being the public's means to challenge the Government when they believe unlawful action has taken place.

Question

I thank the Justice Secretary for that, but judicial review is the only way in which the public can challenge the Government when they believe the Government have acted unlawfully. It is important that we keep that protection in place for the public to hold the Government to account, so will he commit today to fully publishing the independent review of administrative law?

Answer from Robert Buckland

I agree with the hon. Gentleman about the central importance of judicial review, and he will remember that that is set out in the terms of reference. The review will report shortly, the Government will respond and the whole documentation will be published.

Answered
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Q2 Greg Smith Con Mid Buckinghamshire
Justice & Courts Local Government
Context

The MP requested an extension of the consultation period for a new prison in his constituency, citing community concerns and day-to-day issues with HS2 construction.

Question

Last week, a three-week consultation was launched on proposals for a new prison adjacent to Grendon and Spring Hill prisons in my constituency. With nearby communities already dealing with massive pressures and parish councils overstretched with day-to-day issues with the construction of things such as HS2, three weeks is just not long enough to ensure that everyone has their voice heard. So will my right hon. and learned Friend commit to extending the consultation, so that everybody in my constituency can have their say?

Answer from Robert Buckland

I am grateful to my hon. Friend. I know that he met my colleague the Minister of State for Prisons and Probation at the end of November to discuss the issue of the consultation. We are considering all comments and suggestions sent to us through the consultation before we submit any outline planning application.

Answered
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Q3 Joanna Cherry SNP
Democracy & Elections
Context

The MP questioned the terms of reference for an independent review of administrative law, citing a Joint Committee on Human Rights finding that most black people believe their human rights are not equally protected compared to white people.

Question

Back to the independent review of the Human Rights Act. The Lord Chancellor has said that, after 20 years, it is time to see whether the Act is working effectively, but the terms of reference do not actually contain any reference to an analysis of whether it is working effectively. Recently the Joint Committee on Human Rights found that most black people living in the United Kingdom believe that their human rights are not equally protected compared with those of white people. That is a shocking finding. Does not that finding alone justify a proper examination of whether the Act is working effectively and, if so, why is that not in the terms of reference?

Answer from Robert Buckland

The hon. and learned Lady knows that I gave evidence to the Committee of which she is a member about a week or so ago and acknowledged the important point made by the Committee. However, I am sure that these wider issues will become part of the debate as we see the recommendations come forward and as this place has an opportunity to play its part in those deliberations.

Partly answered

Not addressed: An analysis of effectiveness is not included in the review's terms of reference.

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Q4 Damien Moore Con
Justice & Courts
Context

The MP noted the minimal impact the pandemic has had on the courts system and inquired about when it would return to normal.

Question

I commend my right hon. and learned Friend and his Department for the minimal impact that the covid pandemic has had on our courts system. Can I ask when it will return to normal? Can I also ask that he review contingencies should they be needed in the very near future?

Answer from Robert Buckland

My hon. Friend can be reassured that the Courts and Tribunals Service is working daily to review its plans. In the magistrates courts, we are now exceeding receipts and we expect the position to return to pre-covid levels by about Easter time or the early summer.

Answered
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Q5 Steve McCabe Lab
Justice & Courts Housing
Context

The MP expressed concern about the large number of people being released from jails to unsuitable exempt accommodation in Birmingham, questioning how it can help with rehabilitation.

Question

The chief constable of West Midlands police, MPs, local councillors and others have all expressed concern about the large number of people being released from jails all around the country to unsuitable exempt accommodation in Birmingham. How can that possibly help with rehabilitation and getting these people back on the straight and narrow?

Answer from Robert Buckland

The hon. Gentleman will be glad to note that, throughout this pandemic, the Ministry of Justice has funded accommodation support for people who otherwise would be released into rough sleeping and homelessness.

Partly answered

Not addressed: No commitment on improving approved premises or scaling up accommodations.

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Q6 Imran Ahmad Khan
Justice & Courts Standards & Ethics
Context

The Criminal Cases Review Commission is crucial for overturning wrongful convictions. The questioner's constituent, Danny Major, has been waiting for a review.

Question

I am concerned about the delays at the CCRC which has let down my constituent Danny Major. Can you outline steps to ensure timely processing especially in sensitive cases?

Answer from Kit Malthouse

The CCRC is close to achieving a target of 36 weeks as average time for dealing with a case, with 85% of cases resolved within 12 months. Recent investments include significant funding to improve IT systems.

Partly answered

Not addressed: Did not specify steps for sensitive cases or address the specific constituent issue directly.

How: Under Review, Working On It

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Q7 Carolyn Harris Lab Neath and Swansea East
Crime & Law Enforcement Culture, Media & Sport
Context

Individuals with gambling addictions often commit crimes to fund their habits, yet the gambling industry rarely faces prosecution.

Question

The gambling industry is often complicit in encouraging addictive behaviour leading to crime. Will you meet me to discuss holding them accountable?

Answer from Robert Buckland

My Department will primarily deal with this issue, but I am willing to engage on criminal law aspects. The Secretary of State for Digital, Culture, Media and Sport will make a statement later addressing concerns raised.

Partly answered

Not addressed: Did not commit to meeting specifically to discuss the gambling industry's accountability.

How: Under Consideration, Will Look At

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Q8 Gary Sambrook
Brexit Parliamentary Procedure
Context

The IMA is crucial to monitor rights of EU and EEA citizens post-transition period.

Question

When will the Independent Monitoring Authority be ready by the end of the transition period?

Answer from Robert Buckland

A dedicated project team is working on it, and the IMA has taken up residence in Swansea. We are confident that the authority will be ready by the end of the transition period.

Partly answered

Not addressed: Did not specify exact steps or timeline for readiness.

How: Underway, Progressing

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Q9 Wendy Chamberlain Lib Dem North East Fife
Justice & Courts NHS
Context

There have been concerning reports of more cases of covid in prisons than previously, leading to restrictive regimes.

Question

When will prisoners be vaccinated to protect staff and prevent outbreaks?

Answer from Robert Buckland

As of now, we prioritise vaccination for vulnerable individuals including older prisoners. We work closely with Public Health England to ensure effective measures in prisons.

Partly answered

Not addressed: Did not specify a timeline or exact discussions had about prisoner vaccinations.

How: Under Review, Working On It

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Q10 Theresa Villiers Con
Crime & Law Enforcement Justice & Courts
Context

Charitable work supports ex-offenders dealing with addiction, but the government also plays a key role.

Question

Will your Department ensure proper rehabilitation for offenders by enabling them to leave substance abuse behind?

Answer from Kit Malthouse

First recipient of our alcohol sobriety bracelets has been sober for two months. The initiative aims at prevention and supports society by helping individuals leave addiction.

Partly answered

Not addressed: Did not provide specific steps or commitments beyond a testimonial.

How: Under Consideration

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Q11 Afzal Khan Lab Manchester Rusholme
Justice & Courts Democracy & Elections
Context

The Government's handling of the pandemic has been questioned, including on PPE provision and patient transfers.

Question

Will any changes to judicial review affect cases related to government failures during the coronavirus crisis?

Answer from Robert Buckland

The Government support citizens' right to challenge their actions through judicial review. The ambit of administrative law is under review to ensure it remains in a merit space and not political.

Partly answered

Not addressed: Did not specify if changes exclude pandemic-related cases.

How: Under Review

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Q12 Selaine Saxby
Crime & Law Enforcement Justice & Courts
Context

The MP noted that a long-term view of victim funding would lead to better services and outcomes for victims affected by crime. She cited the hidden harms summit's commitment to create a victims funding strategy.

Question

A long-term view of victim funding will lead to better services and outcomes for victims of sexual assault, domestic abuse and serious violence. I therefore ask the Minister to provide an update of work within the Department to develop a long-term victims funding strategy to support those affected by crime in our communities.

Answer from Kit Malthouse

My hon. Friend raises an extremely important point. When I was on the other side of the table as an eager recipient of Whitehall largesse, it long frustrated me that I had to spend six months spending the money and then six months planning to bid for the next round of money. She will know that in particular in this area, where we want to build resilience, out of the hidden harms summit earlier this year came a commitment to create a victims funding strategy, which is currently under way, but she will also know that we have awarded three-year funding through to 2022 via the rape support fund, to give sexual violence services greater stability in the future. I hope that will progress into all the areas that are concerned with this particular offence.

Partly answered

Not addressed: The Minister did not provide a specific timeline or details on the current state of developing the victims funding strategy beyond mentioning it is under way and providing some general commitments.

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Q13 Matt Western Lab Warwick and Leamington
Justice & Courts
Context

Solicitors in Warwick and Leamington reported that the court system dealing with criminals is at breaking point, described as chaotic. The Law Society called for more funding to break a backlog.

Question

According to solicitors in Warwick and Leamington, the court system dealing with criminals is at breaking point. They see it as being completely chaotic. I appreciate that in the spending review the Government have announced additional money—£337 million—but the Law Society is calling for more. Will the Government actually accept what the Law Society is calling for and give additional funding to break the backlog?

Answer from Robert Buckland

The hon. Gentleman will be glad to know that both the Law Society and the Bar Council agree that this year's settlement was encouraging. Of course, it is not the end of the story, and I have talked about us beginning to turn a corner. The good news in the magistrates courts is that receipts are now behind disposals, so we are dealing with the overall number of cases in the magistrates system. In the Crown court, we continue to scale up the number of trials being heard. In fact, in the past week or so, I have been looking at figures of effective trials, crack trials and trials that have been dealt with by way of a guilty plea: the numbers are now in the high 300s. We need to get that up, and I am confident that we can do that in the new year to return us to the pre-covid levels, and then work even harder.

Partly answered

Not addressed: The Minister acknowledged the Law Society's call for more funding but did not provide a specific commitment or additional funding amount.

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Q14 Tim Loughton Con
NHS
Context

A child was tragically stillborn after a failed forceps birth, and calls for a coroner's investigation were noted. The Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 gives coroners the power to investigate such cases.

Question

Earlier this year, another child was tragically stillborn after a failed forceps birth at an Essex hospital. There were calls for a coroner's investigation until it was pointed out that coroners have no power. But of course they do under clause 4 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which was passed 19 months ago. When will those regulations be laid so that coroners have the power to investigate those tragic stillbirths?

Answer from Kit Malthouse

I am a great admirer of my hon. Friend and his persistent and effective campaigning on issues that are dear to him, but also to many people across the country. I understand his impatience on this issue and I know he has been given assurances previously in the House about it, but he will understand that the effect of the pandemic, which has ruined so much, has also delayed our consideration of the consultation on this matter. We will be publishing as soon as we possibly can, recognising the enormous impact that this has on particular families across the country.

Partly answered

Not addressed: The Minister acknowledged the need for regulations but did not provide a specific timeline or commitment to when they would be laid down.

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Q15 Martyn Day SNP
Democracy & Elections
Context

During the current negotiations, the EU requested a guarantee that the UK would not undermine domestic law giving effect to the European Convention on Human Rights. The UK refused.

Question

During the current negotiations, the EU has asked for a guarantee that the UK will not do away with domestic law giving effect to the European convention on human rights, but the UK has refused. Does that not tell us what the review of the Human Rights Act announced yesterday is really all about?

Answer from Robert Buckland

I am afraid the hon. Gentleman is wholly misinformed. That certainly is not my understanding of the negotiations, and he will forgive me if I say I am a little closer to them than he is. The review that we announced yesterday was about looking at the mechanism 20 years on—nothing to do with undermining or changing fundamental human rights. We believe in them. It was British Conservatives who wrote the convention, and I will always stand for and uphold the importance of the European convention on human rights.

Not addressed: The Minister did not address whether the review would undermine the Human Rights Act but instead defended its purpose.

How: Deflecting By Stating That The Hon. Gentleman Is Misinformed

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Q16 Marco Longhi
Justice & Courts
Context

The MP questioned whether prison detention arrangements were sufficiently robust to act as a deterrent.

Question

What steps are the Lord Chancellor and his team taking to address the widespread perception among my constituents that detention arrangements in prisons are not sufficiently robust to act as a deterrent?

Answer from Kit Malthouse

I understand that my hon. Friend is concerned about the perception of his constituents, but I hope he will explain to them that we have quite interesting and clever plans to deal with offenders, not only in prison but after prison. For example, from early next year, we will GPS tag every single burglar who leaves prison on licence so that we are able to locate them, particularly when a burglary takes place in their community, so that we can at least rule out those prolific offenders in the future. There is lots that we can do in the criminal justice system that is much more smart than severe.

Partly answered

Not addressed: The Minister did not address whether current detention arrangements are robust enough as a deterrent but instead provided examples of upcoming measures.

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Q17 Liz Saville-Roberts PC Dwyfor Meirionnydd
Justice & Courts NHS
Context

A third of prisoners transferring from HMP Altcourse to HMP Berwyn last month tested positive for covid. Berwyn has requested a stop to transfers.

Question

A third of prisoners transferring from HMP Altcourse to HMP Berwyn last month tested positive for covid. I understand that Berwyn has requested a stop to transfers. Will the Secretary of State agree to that request, considering the extreme concerns about community infection?

Answer from Robert Buckland

The hon. Lady knows that, since the beginning of this pandemic, we have taken unprecedented steps. All new arrivals in prison receptions are quarantined as part of our strategy of compartmentalisation. We are also now testing new arrivals at HMP Berwyn. That is an additional measure that allows us to identify positive cases early and put the right precautions around those individuals. It is with testing that we can improve the way in which we administer the prison system through this crisis.

Partly answered

Not addressed: The Minister did not explicitly agree or disagree about stopping transfers but outlined measures to mitigate risks.

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Q18 Munira Wilson Lib Dem Twickenham
Children & Families
Context

The Children and Family Court Advisory and Support Service was experiencing a workload crisis before the pandemic, which has worsened during lockdown. The Ministry of Justice provided some additional funding to address immediate issues.

Question

Ministers will be aware that CAFCASS was already experiencing a workload crisis pre-pandemic, which has only worsened through the lockdown. Although welcome short-term funding has been provided, do the Government have a longer-term strategy to ensure CAFCASS can better retain staff and deliver a service that truly meets the needs of children and families?

Answer from Robert Buckland

An extra £3.4 million has been allocated to CAFCASS to help it through the crisis. The Government is looking wholesale at how family cases are dealt with, following a no-holds-barred analysis of system flaws published this year.

Partly answered

Not addressed: The specific ask for a longer-term strategy on staff retention and service delivery was not directly addressed; the funding allocation mentioned is short term and does not address long-term planning.

How: Under Review, Looking At This

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