Commons Sense

House of Commons · Ministers' Questions

Topical Questions

Tuesday 12 September 2023 · 24 questions

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

At a glance

Answered 4 Partly answered 17 Not answered 0

Key points

  • Lord Chancellor is absent due to attending a Council of Europe meeting in Riga.
  • Government is injecting an additional 10 million into housing legal aid from August 1, 2023.
  • Department for Transport is considering legislation to introduce new offences concerning dangerous cycling.

Topics (select to filter)

Questions & Answers

Context

The Lord Chancellor is in Riga attending a Council of Europe meeting, where a political declaration was signed on support for the Ukrainian justice system.

Question

If he will make a statement on his departmental responsibilities including updates from the Lord Chancellor's absence and the case of Daniel Khalife.

Answer from Damian Hinds

I have been asked to reply on behalf of the Lord Chancellor, who has been in Riga attending a Council of Europe meeting. He is sorry not to be here for these oral questions and he has asked me to convey to the House his thanks to the Metropolitan police for their quick work in finding and returning Daniel Khalife to custody. The independent investigation that the Lord Chancellor commissioned must now get to the bottom of this serious breach. Since the last oral questions, the Government have also announced that we will make whole life orders the expectation in sentencing where they can be applied and outlined plans to order the worst offenders to attend court for their sentencing hearings.

Answered
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Context

Government spending for housing legal aid has fallen in the past decade from £44 million to £20 million, and disrepair cases have fallen from nearly £4 million to just over £1 million.

Question

With Government spending for housing legal aid falling in the past decade, what recent analysis has the Minister made of legal aid deserts and what steps is he taking to remedy the situation?

Answer from Damian Hinds

We are putting more money into legal aid and criminal legal aid following the independent review. Specifically on housing, which the hon. Lady mentioned, we are injecting an additional £10 million from 1 August.

Partly answered

Not addressed: Legal aid deserts analysis not addressed

How: Working With Partners

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Context

Current laws for cyclists are old and it can be difficult to successfully prosecute offences related to dangerous cycling.

Question

What conversations has the Minister had across government to make sure that the sentencing for those convicted of dangerous cycling is equalised with the sentencing guidelines for those convicted of dangerous driving?

Answer from Edward Argar

The safety of our roads is a key objective for the Government, and protecting all road users is a priority. Department for Transport colleagues are considering bringing forward legislation to introduce new offences concerning dangerous cycling to tackle those rare instances where victims have been killed or seriously injured by irresponsible cycling behaviour.

Partly answered

Not addressed: Steps taken not detailed

How: Under Review

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Context

HMP Wandsworth has been a known problem for the best part of a decade, with overcrowding, staffing, and security issues. A prisoner escaped from Wandsworth in 2019.

Question

Why have the Government failed to act after years of warnings about HMP Wandsworth?

Answer from Damian Hinds

We take these matters extremely seriously. The independent investigation will look at the 2019 incident to ensure that lessons were learned. There has been an increase of some 25% in staffing specifically at Wandsworth since 2017.

Partly answered

Not addressed: Specific actions not detailed

How: Under Review

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Q5 Shabana Mahmood Lab Birmingham Ladywood
Context

A prisoner escaped from Wandsworth, prompting questions about security measures.

Question

How many prisoners will have to be moved across the prison estate as a result of this escape?

Answer from Damian Hinds

It is. The hon. Lady would not expect me to get into a running commentary on transfer arrangements when we are talking about security. I want to reassure her, the House and the public that escapes from prisons are very rare now than they used to be.

Not addressed: Number of prisoners being moved not addressed

How: Changed Subject

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Context

Current penalties do not differentiate between first-timers and multiple offenders.

Question

Will my right hon. Friend consider the introduction of escalating penalties for repeat traffic offences?

Answer from Edward Argar

As part of the Police, Crime, Sentencing and Courts Act 2022, there was an increase in the minimum disqualification periods for the serious offence of causing death by careless driving when under the influence of drink or drugs from two years to five years. The Department for Transport is also currently considering a broader call for evidence on motoring offences.

Partly answered

Not addressed: Escalating penalties not addressed

How: Under Review

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Context

Julian Assange has been held in Belmarsh maximum security facility since April 2019.

Question

Is it not time to free up space by removing Julian Assange from Belmarsh maximum security facility? Will the Minister ensure that he is able to attend proceedings in person?

Answer from Damian Hinds

I think the hon. Gentleman has achieved his objective: to get something on the record. I will not comment on ongoing cases, but, speaking more generally, access to justice is at the heart of what we do.

Not addressed: Steps regarding Assange's placement and court proceedings not addressed

How: Changed Subject

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Context

A constituent suffered life-changing injuries due to an assault eight years ago but received only minimal compensation. This situation raises concerns about the adequacy of current support systems.

Question

I have a constituent who suffered life-changing injuries as a result of an assault eight years ago, and she was awarded only £150 from a compensation order during the criminal case and offered £1,000 from the Criminal Injuries Compensation Authority. Will the Minister look at amending the Victims and Prisoners Bill so that victims can be given adequate care, compensation from offenders and support through the courts and, importantly, through the CICA?

Answer from Edward Argar

I am grateful to my right hon. Friend who has always taken a keen interest in supporting victims of crime. The government is consulting on changes following the report of the independent inquiry into child sexual abuse alongside previous consultations, which will be post-passage of the Victims and Prisoners Bill.

Partly answered

Not addressed: The Minister did not commit to amending the bill specifically for better victim compensation and support.

How: Consulting On Changes, Post-Passage

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Q9 Sarah Green Lib Dem Chesham and Amersham
Context

A constituent faces the risk of losing their home due to a lengthy waiting period for benefit decision appeals, with an average wait time of 33 weeks.

Question

One of my constituents tells me that they are at risk of losing their home because of how long they have had to wait for a benefit decision appeal. Will the Minister outline what steps his Department is taking to reduce the current 33-week waiting time for benefit decision appeals to be heard?

Answer from Mike Freer

The team will monitor performance and share best practice across the tribunal process. The hon. Lady can write to me with details of a particular case, and I can investigate.

Partly answered

Not addressed: No specific steps were outlined to reduce waiting times for benefit decision appeals.

How: Monitoring Performance, Sharing Best Practice

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Context

A law was passed in 2015 requiring offenders convicted of a second or subsequent knife offence to receive prison sentences. However, only 63% received jail time in the last year.

Question

Parliament passed a law in 2015 that offenders convicted of a second or subsequent knife offence should go to prison, yet in the year to March, 16,000 such offenders—37% of the total—dodged a jail sentence altogether. That is the highest total since the law was introduced. Will Ministers ensure that the courts now hand down the sentences legislated for in this House eight years ago?

Answer from Edward Argar

My hon. Friend highlights the scourge of knife crime and need for tough sentences. Sentencing is a matter for the independent judiciary, which considers individual circumstances. However, average sentences are up from 6.5 months in 2010 to 8.1 months in 2020.

Partly answered

Not addressed: The Minister did not commit to ensuring courts enforce the law as requested.

How: Sentencing Is A Matter For The Judiciary

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Context

Some constituents' asylum appeals were allowed by courts but are now in limbo due to delays at the Home Office.

Question

I have a number of constituents whose asylum appeals were allowed by courts and tribunals service, but have now been thrust into limbo while the case goes back to the Home Office for approval. What conversations have Ministers had with their Home Office colleagues on clearing the backlog that is preventing my constituents from getting on with their lives?

Answer from Mike Freer

I am always happy to look at individual cases for specific issues. Broadly, I work with colleagues at the Home Office and Solicitor General's office to ensure delays are smoothed out.

Partly answered

Not addressed: The Minister did not specify discussions about addressing the backlog.

How: Looking At Individual Cases

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Context

Concerns about the independence of the judiciary and the adequacy of court bail reviews.

Question

What review, if any, has the Department carried out to ensure that when courts extend bail, they ensure that the police are dealing with their investigations diligently and expeditiously?

Answer from Mike Freer

My hon. Friend raises an important point. The Department has not and will not conduct a review into how the judiciary undertakes its functions in individual cases, but the judiciary ensures that relevant agencies undertake their functions smoothly.

Partly answered

Not addressed: No departmental review was committed to or confirmed.

How: No Review, Judiciary'S Responsibility

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Q13 Ian Lavery Lab Blyth and Ashington
Context

Cancellations in magistrates courts are often due to the inability to recruit and retain legal advisers, which impacts service delivery.

Question

Is it not the case that last-minute cancellations in magistrates courts are largely caused by the inability to recruit and retain legal advisers? What steps will the Minister take to ensure an increase in wages and better terms and conditions for those legal advisers?

Answer from Mike Freer

We look carefully at why cases are vacated; often, it is due to non-availability of prosecution or defence counsel, not legal executives.

Partly answered

Not addressed: No steps were committed for addressing recruitment issues and improving terms.

How: Careful Analysis, Non-Availability

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Q14 Peter Bottomley Con
Context

A constituent's home sale is delayed due to a nine-month wait for granting probate, which impacts personal financial circumstances.

Question

May I put it to Ministers that the nine-month wait for granting simple probate is unfair on people trying to sell their parents' home? Will Ministers please sort it out?

Answer from Mike Freer

The time taken once all required documents are received is between six and nine weeks. Despite a significant increase in applications, the service is recruiting and training over 100 new caseworkers to deliver the service.

Partly answered

Not addressed: No immediate action was committed for resolving delays.

How: Recruitment, Training

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Context

The UN has called for an urgent Government review of IPP sentences, citing concerns over recalls without further offences.

Question

Last month the United Nations called for an urgent Government review of sentences of imprisonment for public protection. Will the Secretary of State listen to the UN? Can he explain why the number of people with an IPP sentence recalled to prison without committing any further offence has soared in recent years?

Answer from Damian Hinds

We are very conscious of difficulties around IPP sentences, which would not be introduced today. People in prison who have been recalled or not released by the parole board because they are not considered safe for release remain a focus.

Partly answered

Not addressed: No immediate response to UN calls was committed.

How: Conscious Of Difficulties, Not Safe

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Context

The MP is concerned about the lack of support for offenders to re-enter society successfully.

Question

I am concerned about the rehabilitation of offenders, which is important in reducing crime after release from prison. Could you outline any schemes that help them get skills and access companies willing to give them a second chance?

Answer from Damian Hinds

My hon Friend is so right. In topical questions, I do not have time to unpack all things, but brilliant companies are providing training opportunities.

Partly answered

Not addressed: Did not provide specific schemes or access details for offenders

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Q17 Sharon Hodgson Lab Washington and Gateshead South
Context

The MP wrote to the Secretary of State about a tragic case involving her young constituent Gregg McGuire, seeking reassessment of current rules.

Question

I have written to the Secretary of State regarding my constituent Gregg McGuire. Does his Department have any plans to reassess current rules which prevent victims' families from appealing sentences for those convicted of causing death by careless driving?

Answer from Edward Argar

I am grateful to the hon. Lady. I know she is meeting the Secretary of State and I can join that or meet separately if helpful.

Partly answered

Not addressed: Did not provide plans on reassessment of rules

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Q18 Tim Loughton Con
NHS
Context

The MP secured a meeting to discuss progress on implementing Section 4 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 that closed in June 2019.

Question

It is six months since I finally secured a meeting about section 4 of my Act. The law passed by this House in February 2019 and with consultation closed in June 2019 was promised to be published imminently but nothing has happened. Is it ever going to happen?

Answer from Mike Freer

Yes, it will. Both the Health Minister and I are pushing this as fast as we can.

Answered
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Q19 Gregory Campbell DUP East Londonderry
Context

The MP is concerned about the impact of illegal drugs on prisons. The Government introduced a programme five years ago costing £100 million to tackle this issue.

Question

The scale of the illegal drugs problem in prisons was such that five years ago, the Government introduced a programme that cost £100 million. Has the problem got worse or improved since?

Answer from Damian Hinds

We are seeing progress. It is a combined approach of drug recovery wings and incentivised subsidised free living, ensuring security stops drugs through things like x-ray body scanners deployed in many prisons.

Answered
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Context

The MP is seeking a calm public debate on the role of prisons, especially regarding rehabilitation and reducing reoffending.

Question

Members of the public and media only take interest in prisons when there is an escape. Will my right hon Friend join me in hoping to see a calm and measured public debate about the role of prisons, not least working out ways to improve rehabilitation?

Answer from Damian Hinds

My hon Friend is exactly right. He has a long history with this issue since before he reached this House, ultimately it is about rehabilitation, reducing reoffending, and keeping the public safe.

Answered
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Context

Over 10,000 women have signed a public letter to the Prime Minister asking him to take action against escalating threats and intimidation towards women who stand up for their rights.

Question

More than 10,000 women have signed a letter to the Prime Minister about threats and intimidation against women standing up for their rights. Many are concerned that institutions supposed to protect them are failing. Will the Minister meet me and representatives of those who organised the letter to discuss this important issue?

Answer from Edward Argar

I am always happy to meet the hon. and learned Lady.

Partly answered

Not addressed: Did not commit to meeting specifically on discussed issues

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Context

The MP is paying tribute to the retiring Lord Chief Justice, who will be succeeded by Dame Susan Carr as the first female Lord Chief Justice.

Question

I would like to pay tribute to the campaigners who challenged joint enterprise. As a result, the Crown Prosecution Service has now committed to monitor prosecutions. I welcome the report at the end of this month, but will the Minister commit to an audit of all joint enterprise convictions, particularly as more black people are disproportionately impacted?

Answer from Edward Argar

I am grateful to my hon. Friend. I know Lord Burnett and I can pay tribute to his exceptional period as Lord Chief Justice.

Not addressed: Changed topic entirely, did not address audit commitment request

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Context

The MP is concerned about the disproportionate impact of joint enterprise prosecutions on black individuals.

Question

I would like to pay tribute to campaigners challenging joint enterprise, resulting in the CPS commitment to monitor who is prosecuted. Will the Minister commit to an audit of all joint enterprise convictions, particularly as more black people are disproportionately impacted?

Answer from Mike Freer

I can commit to wait until we have seen what the CPS uncovers. Once data is available, a rational discussion on next steps will follow.

Partly answered

Not addressed: Did not provide commitment for audit before seeing data from CPS

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Context

The MP is concerned about the prevalence of the unfounded and unscientific concept of parental alienation within family courts, causing suffering to women and girls.

Question

Is the Minister aware of the prevalence of the unfounded and unscientific concept of parental alienation in our family courts? It is causing suffering and, in some cases, violence against women and girls. What steps is the Department taking to ensure that the courts recognise the harm of this discredited concept?

Answer from Mike Freer

The Department is well aware of concerns and matter under review. Results, including data and research behind outcomes, will be published later this year.

Partly answered

Not addressed: Did not provide concrete steps or timeline for addressing the issue

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