Commons Sense

House of Commons · Ministers' Questions

Topical Questions

Tuesday 5 July 2022 · 17 questions

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

At a glance

Answered 6 Partly answered 9 Not answered 0

Key points

  • The Bill of Rights explicitly provides clear guidance on interpreting the right to family life to prevent it from being used to frustrate the deportation of dangerous criminals.
  • A victims law is currently under pre-legislative scrutiny and funding for victims services has quadrupled since the last Labour Government.
  • There has been a 67% increase in offenders leaving prison and finding work within six months, supported by employment advisory boards and a drugs strategy.

Topics (select to filter)

Questions & Answers

Context

Eastbourne residents are dismayed that dangerous criminals use the right to family life to avoid deportation, which prioritises their rights over public safety.

Question

For as many years as I have served as Eastbourne's Member of Parliament, Eastbourne residents have expressed to me their dismay, their outrage even, that foreign national offenders—dangerous criminals—have used the right to family life to frustrate their deportation, a deportation ordered for public safety. How will the Bill of Rights address that?

Answer from Dominic Raab

The Bill of Rights is now published and explicitly and squarely in relation to article 8, clear guidance and prescription on interpretation to prevent ever-elastic interpretations of the right to family life that allows offenders to trump public interest in their deportation.

Answered
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Context

Seven years on, a victims Bill is not yet statute. Domestic abuse victims are still cross-examined by abusers despite it being illegal last year.

Question

Not only does the abuse continue, but the Government have facilitated it by deciding that provision will not apply to domestic abuse victims who are already in the system. Will the Government ensure that provision applies and explain why victims should think they are an afterthought for the Government?

Answer from Dominic Raab

A victims law is currently subject to pre-legislative scrutiny and will be introduced. Since the last Labour Government, funding for victims services has quadrupled and section 28 rolled out.

Partly answered

Not addressed: Specific request was not directly addressed

How: Denigrating, Incremental Reforms

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Q3 Gagan Mohindra Con South West Hertfordshire
Context

Visiting HMP The Mount, learned about its work providing inmates with practical skills for life after prison.

Question

What steps is my right hon. Friend taking to ensure that when individuals leave prison, they are given the tools and skills to successfully rehabilitate themselves back into society—as they are at HMP The Mount—and get back into work, and not fall back into a life of crime?

Answer from Dominic Raab

In the past year, we have seen a 67% increase in offenders leaving prison being in work within six months. We are doing that with the roll-out of employment advisory boards, employment hubs in prisons, and critically, the drugs strategy.

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Context

Russia ignored a ruling from the European Court of Human Rights, indicating non-compliance.

Question

When the Lord Chancellor sees that kind of behaviour, does he ever have second thoughts about the type of company that he is taking the UK into as a result of his proposals? How will this be viewed by the international community?

Answer from Dominic Raab

We have one of the highest compliance records in the Council of Europe. Frankly, equating our approach with that of President Putin shows a problem with her moral compass.

How: Moral Compass

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Context

Many people volunteer as magistrates, they are vital for the criminal justice system.

Question

Does the Minister agree that the many people who give their time free of charge to act as magistrates are a fantastic asset to this country? They are the backbone of our justice system: without them, it could not function effectively.

Answer from James Cartlidge

My hon. Friend is absolutely right that magistrates are the backbone of our criminal justice system. We have increased their sentencing powers from six months to 12 months and launched a £1 million recruitment campaign.

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Context

Prosecutions for rape cases are at a low of 1.3%, with drop-out rates over 40% due to court delays and evidence requirements.

Question

Prosecutions for rape cases are at an appallingly low 1.3%—even an increase of two thirds still translates to less than 2%, which is truly shocking—and drop-out rates are at more than 40% because of court delays and onerous evidence requirements. What is the Minister of State doing for victims of rape, to significantly increase the number of prosecutions and convictions?

Answer from Victoria Atkins

A huge body of work is going on across every part of the criminal justice system, from the police to the Crown Prosecution Service and through to the courts. It involves the recruitment of more independent sexual violence advisers, who can make such a difference not only to victims' recovery, but to their willingness and ability to continue with a prosecution. In particular, we are introducing enhanced measures for specialist support within three pilot courts to support victims who are taking forward these very difficult cases. We are working with the judiciary, the police and the CPS to ensure that we measure and identify what is working so that we can replicate it across the country.

Partly answered

Not addressed: Specific actions to increase prosecutions and convictions were not detailed

How: A Huge Body Of Work Is Going On, We Are Introducing Enhanced Measures

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Context

Tomorrow, a charity will discuss the intergenerational traumatic impact of maternal imprisonment.

Question

When it comes to female offenders, trauma-informed and gender-responsive programmes are the only way to break a cycle of crime and incarceration. Tomorrow, the brilliant charity One Small Thing will be here in Parliament to discuss the latest research on the intergenerational traumatic impact of maternal imprisonment. I would really love all Justice Ministers, but particularly my hon. Friend the Minister of State, to come along and hear how the justice system could better be formatted to support women and children.

Answer from Victoria Atkins

I thank my hon. Friend for that kind invitation; I would be delighted to attend. On the impact of intergenerational trauma, one of the many reasons we are piloting the first residential women's centre in Wales is that we want to see how women who should not be receiving the very short sentences that can be imposed can benefit from an intensive residential course rather than prison. I will be watching the results with interest.

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Context

There is only one legal aid provider for immigration in Brighton and Sussex with a waiting list, while another provider was told there is no demand.

Question

There is only one legal aid provider for immigration in Brighton and the surrounding area of Sussex: BHT, which is currently operating a waiting list and is only prioritising unaccompanied minors. Lawstop, a legal aid provider in other areas, has applied to the Legal Aid Agency for immigration legal aid support, but has been told that there is no demand in the area. How can that be, if the only other provider has to operate a waiting list and is only able to help unaccompanied minors? Is it not now time to change how legal aid contracts are given, so that all those who request it can get access to legal aid?

Answer from James Cartlidge

We are making a significant investment in additional funding for legal aid in immigration cases. I am happy to write to the hon. Gentleman with the full details of that important step change. On the wider issue of access to legal aid, I spoke earlier about our consultation on civil legal aid reform and the means test, which will enable 2 million more people to have access to civil legal aid and 3 million more people to have access to legal aid in the magistrates courts. Combined with the £135 million that we are investing in criminal legal aid in response to the Bellamy review, that is a significant investment, by any measure, in legal aid in all our constituencies.

Partly answered

Not addressed: Specific changes to contract allocation were not detailed

How: We Are Making A Significant Investment, I Am Happy To Write To The Hon. Gentleman

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Context

The next stage of Bellamy reforms, including advocates' graduated fee scheme, has not yet been implemented.

Question

Further to the question that my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) asked, I commend the courts Minister for his announced intention to meet representatives of the criminal Bar. May I press him to do so at the earliest opportunity? Will he make the subject matter of that meeting the implementation of the rest of the Bellamy reforms, notably the reforms to the advocates' graduated fee scheme and the composition and remit of the advisory board?

Answer from James Cartlidge

My right hon. and learned Friend has made an extremely good point. He is aware of the article to which I referred in my answer to my hon. Friend the Member for Bromley and Chislehurst—the Chairman of the Select Committee—in which I made clear my wish to engage with the Criminal Bar Association on the next stage of reform, which includes the advocates' graduated fee scheme and some of its core elements that were not in the first phase. As I have said, we adopted that two-phase approach precisely in order to deliver the initial increase in fees as soon as practicable, and it will be introduced in September: a 15% increase for criminal barristers working in magistrates courts and police stations and for those in the AGFS. We think that that is a very generous offer, and we hope the members of the CBA will think about it and stop their disruption of our courts.

Partly answered

Not addressed: Specific timing of meeting was not given

How: I Am Aware Of The Article, We Adopted A Two-Phase Approach

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Q10 Grahame Morris Lab Easington
Context

The Government have received recommendations from the Prison Service pay review body for a rise in prison officers' wages.

Question

I understand that the Government have now received the recommendations from the Prison Service pay review body for a rise in prison officers' wages. I do not know whether the Secretary of State chats to any security guards on the House of Commons estate, but many of them are former prison officers who left the service because of poor pay and bad terms and conditions in our prisons. When will the Secretary of State respond to those recommendations, and will he agree to follow them in full and not pick and choose, which is what has been done for the past three years?

Answer from Dominic Raab

The hon. Gentleman has raised an important issue. I am considering the recommendations very carefully, and will respond shortly.

Partly answered

Not addressed: No specific timeline or commitment to full recommendation implementation was given

How: I Am Considering The Recommendations

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Q11 Kevin Hollinrake Con Thirsk and Malton
Context

The Law Commission has recommended restricting corporate criminal liability to fraud, excluding key crimes like money laundering and false accounting.

Question

Given that 40% of crime is now economic crime, it is disappointing that the Law Commission has recommended restricting corporate criminal liability for failing to prevent economic crime to fraud, and leaving out key crimes such as money laundering and false accounting. Will my right hon. Friend agree to meet me to discuss the benefits of a review with a much wider scope?

Answer from Kit Malthouse

Yes.

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Q12 Jeff Smith Lab Manchester Withington
Context

Cuts to legal aid and charitable services have left people struggling to navigate the court system during a cost of living crisis.

Question

In light of legal aid cuts, further cuts in charitable services, and rising costs, how do the Government expect individuals who cannot afford lawyers to manage their cases if remaining support is lost?

Answer from James Cartlidge

The consultation will result in increased access to civil and criminal legal aid, with 2 million more people gaining access to civil legal aid, 3 million more to magistrates courts legal aid, and £135 million additional funds for criminal legal aid. These reforms aim to improve the criminal justice system and civil legal aid.

Partly answered

Not addressed: The answer did not address how individuals who cannot afford lawyers will navigate court if remaining support is lost.

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Context

The government is consulting on SLAPPs, which can be used to silence debate through litigation.

Question

How will the Government's consultation ensure that oppressive legal actions against candidates during elections are prevented?

Answer from Dominic Raab

The call for evidence aims to gather responses and formulate proposals to combat deep-pocketed entities trying to silence transparency. A legislative vehicle will be sought to implement these measures.

Partly answered

Not addressed: Did not specify the exact legislative measures proposed.

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Context

The ICC has issued arrest warrants for individuals suspected of war crimes in Georgia, highlighting the long-term need for justice.

Question

Can the Secretary of State ensure our commitment to delivering justice for those who have suffered under Russian invasion in Ukraine will endure for a long term?

Answer from Dominic Raab

The Secretary of State supports the ICC's staying power, as seen with agreements like the UK-UN sentence enforcement agreement for Radovan Karadžić.

Partly answered

Not addressed: Did not commit to a long-term plan or timeline for justice delivery in Ukraine.

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Context

A recent inspection report on Oakhill showed a poor record but signs of improvement are present.

Question

Will the Minister commit to ensuring sustained high standards at Oakhill and focus on rehabilitating young people there?

Answer from Victoria Atkins

The Minister commits to keeping Oakhill under close review, aiming for safe and decent conditions while focusing on rehabilitation for released young people.

Answered
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Q16 Chris Bryant Lab Rhondda and Ogmore
Context

Justice Secretary made statements based on conversations with the Prime Minister about Lord McDonald's claims.

Question

Has the Justice Secretary had further conversations with the Prime Minister regarding Lord McDonald's claims about the Prime Minister being directly briefed on the allegations against Chris Pincher?

Answer from Dominic Raab

That is not what I said.

Not addressed: The question was deflected without addressing the specific claim or providing an update.

How: Deflection

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Q17 Jamie Stone Lib Dem Caithness, Sutherland and Easter Ross
Context

Concerns about any proposal for an independence referendum or extrapolation of a general election result under UK law.

Question

Will Her Majesty's Government closely examine any proposed Scottish independence referendum in the context of United Kingdom law?

Answer from Dominic Raab

The government's position remains unchanged, with no current support for a second referendum due to existing pressures and challenges. The focus is on collaborative work between Edinburgh and Westminster Governments.

Partly answered

Not addressed: Did not provide reassurance or clarify the examination process under UK law.

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