Commons Sense

House of Commons · Ministers' Questions

Topical Questions

Tuesday 21 November 2023 · 21 questions

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

At a glance

Answered 3 Partly answered 13 Not answered 0

Key points

  • The Government are determined to ensure secure borders and do not believe those who try to jump the queue should derive advantages from illegal arrival.
  • We are working closely with the probation service to ensure resource allocation for stand-down reports to help courts tailor appropriate disposals for punishment and rehabilitation.
  • The Ministry of Justice has recruited 1,000 judges across all jurisdictions last year and plans to recruit the same number this year to address the court backlog.

Topics (select to filter)

Questions & Answers

Context

The Prime Minister and other senior government figures suggested disapplying the European Convention on Human Rights in some asylum cases, leading to debate.

Question

The Prime Minister and certain other senior Government figures have suggested that the European convention on human rights should be disapplied in some asylum cases, and the deputy chairman of the Conservative party has said that the Government should simply ignore last week's Supreme Court ruling. Does the Justice Secretary agree?

Answer from Alex Chalk

The Government are determined to ensure secure borders and do not believe those who try to jump the queue should derive advantages from illegal arrival. We remain within our international legal obligations while addressing public priorities.

Partly answered

Not addressed: Specific stance on disapplying ECHR in asylum cases was avoided

How: Determined To Ensure Secure Borders, Within International Legal Obligations

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Context

There is a lack of trained probation officers leading to delays in magistrates courts due to adjournments and relisting.

Question

One of the primary reasons for adjournment and relisting in magistrates courts is a lack of trained probation officers to carry out pre-sentence stand-down reports. Could the Minister outline what steps he is taking to address this so that courts can get through caseloads more speedily?

Answer from Alex Chalk

We are working closely with the probation service to ensure resource allocation for stand-down reports, providing information about offenders' relationships, previous convictions, mental health issues, and other factors so that courts can tailor appropriate disposals for punishment and rehabilitation.

Partly answered

Not addressed: Specific steps to address shortage of probation officers were not detailed

How: Working Closely With The Probation Service

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Context

The Crown court backlog reached a record high, causing concern among victims.

Question

Contrary to the claims of Ministers at every Question Time that they are getting the courts backlog sorted out, they are not, and the pain just drags on for victims. The Crown court backlog reached a record 65,000 cases at the end of June. Nearly 5,000 of them have been waiting for two years and 36,000 cases have defendants on bail. Why are things still getting worse?

Answer from Mike Freer

We recruited 1,000 judges across all jurisdictions last year and plan to do the same this year. We have also invested in the court estate for resilience and extended Nightingale courts to ensure capacity.

Partly answered

Not addressed: Specific reasons for increasing backlog were not detailed

How: Recruited 1,000 Judges, Invested In Court Estate

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Context

The civil courts face significant backlogs as shown by recent statistics.

Question

Come on now—we know that the statistics tell a very different story. The Crown courts remain in crisis, and what about the civil courts? The quarterly civil justice statistics from April to June 2023 show that the average time taken for small claims and multi-fast-tracked claims to go to trial was 52 weeks and 78 weeks respectively. Is it the same excuse for the crisis in the civil courts?

Answer from Mike Freer

We have recruited judges across the jurisdiction to help in civil courts, increased the number of days fee-paid judges can do from 30 days to 80 days a year, introduced regional virtual pilots, and invested in mediation. All this is ensuring people have access to justice.

Partly answered

Not addressed: Specific reasons for civil courts backlog were not detailed

How: Recruited Judges, Increased Days For Fee-Paid Judges

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Context

Approximately £1 million of taxpayers' money was spent on deporting a sex offender, leading to questions about legal aid process review.

Question

The Minister will be aware that approximately £1 million of taxpayers' money was spent, including through legal aid, on finally deporting the vile sex offender Yaqub Ahmed, whose crimes were just unimaginable. Will the Secretary of State and the Minister ensure that legal aid processes are reviewed and, importantly, dust off the previous plans to introduce wasted cost orders in immigration cases so that lawyers who pursue these spurious cases are prevented from doing so?

Answer from Mike Freer

I cannot comment on individual cases, but the payment of wasted or unreasonable costs can already be ordered by the tribunal if appropriate. I would meet the right hon. Friend to convey her concerns firmly.

Partly answered

Not addressed: Specific review and implementation details were not provided

How: Cannot Comment On Individual Cases, Already Can Order Wasted Costs

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Q6 Andrew Slaughter Lab Hammersmith and Chiswick
Context

Eight courts have RAAC, three are closed. There is a huge backlog of repairs in courts and prisons.

Question

I am concerned that the Government will not say which prisons are affected by RAAC but will they guarantee that funding for RAAC removal will not come at the expense of existing maintenance schemes?

Answer from Alex Chalk

We have increased the budget for the court estate, enabling us to take on more projects and plan them efficiently. The budget is there for remediations if required.

Partly answered

Not addressed: The government's response did not specifically address whether funding for RAAC removal will come at the expense of existing maintenance schemes.

How: Discussed Other Aspects Of Court Estate Funding Without Addressing Specific Ask

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Context

867 assaults occur daily on shop workers, causing significant concern.

Question

There are around 867 assaults on shop workers every single day. Will the government look again at what can be done to tackle this issue and deliver justice for shop workers?

Answer from Alex Chalk

The courts can treat assaults on shop workers as an aggravating factor, meaning that appropriate cases could result in custodial penalties.

Answered
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Q8 Dan Jarvis Lab Barnsley North
Context

The rule of law is a fundamental principle in the UK.

Question

The rule of law is sacrosanct, isn't it?

Answer from Alex Chalk

Yes.

Answered
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Context

A district judge acquitted defendants who vandalised a factory and made incendiary comments.

Question

Does my right hon. and learned Friend agree that the judiciary must not make incendiary comments about Israel? Will he take this from me as a complaint to the Judicial Conduct Investigations Office?

Answer from Alex Chalk

I simply note the question. I will happily take it up with my right hon. and learned Friend subsequently.

Partly answered

Not addressed: The government's response did not commit to taking the complaint forward immediately, instead suggesting future action without a clear timeline.

How: Deferred Action

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Q10 Alex Sobel Labour (Co-op) Leeds Central and Headingley
Context

Statistics show a significant increase in self-harm incidents among female prisoners.

Question

The Ministry of Justice released statistics showing a 63% rise in self-harm incidents among female prisoners and a 24% overall increase. What assessment has the Secretary of State made of the impact of MOJ policies on these increases?

Answer from Edward Argar

We are delivering our safety commitment outlined in the prisons strategy White Paper, including by introducing ligature-resistant cells and funding a study to understand deaths. We are also rolling out an emotional resilience programme.

Partly answered

Not addressed: The government's response did not directly address whether MOJ policies were contributing to increased self-harm incidents, instead focusing on positive measures being taken.

How: Discussed Ongoing Efforts Without Assessing Impact

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Context

The Government announced measures to ban zombie knives and double sentences for supplying a knife.

Question

Now we are in a new Session, will the Secretary of State set out the timeline for bringing forward legislation to make these measures happen?

Answer from Alex Chalk

These measures will find their way into the Criminal Justice Bill. We look forward to support from Members across the House.

Answered
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Q12 Jim McMahon Labour (Co-op) Oldham West, Chadderton and Royton
Context

The Co-op Group reported 300,000 incidents of violence in stores.

Question

Surely the best way to stop violence against shop workers is to make it a stand-alone offence. Will the government support this proposal?

Answer from Alex Chalk

Assaults are already covered under various sections of the law, and courts can treat assaults on shop workers as an aggravating factor. We will keep these matters under review.

Partly answered

Not addressed: The government's response did not commit to making assault on retail workers a stand-alone offence, instead referring to existing laws and ongoing reviews.

How: Referred To Existing Legal Provisions

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Q13 David Davis Con Goole and Pocklington
Context

The question addresses strategic lawsuits against public participation (SLAPPs), which cost the taxpayer millions of pounds.

Question

My right hon. and learned Friend has a terrific record on dealing with SLAPPs—strategic lawsuits against public participation—so he will understand how greedy lawyers encourage their billionaire clients to crush their opponents by extending court cases, dragging them out and multiplying them. What has not been taken on board is that that also costs the taxpayer millions of pounds. I think those lawyers should have to meet those costs. With that in mind, will he publish the costs incurred by SLAPPs cases?

Answer from Alex Chalk

No one in this House has done more than my right hon. Friend to clamp down on this iniquitous behaviour, and I am pleased that we have been able to make some progress. He makes a really important point: every day that is spent in court pursuing ill-founded and abusive litigation is time that could be spent on other matters in the public interest. I will certainly look into the interesting suggestion he makes about publishing the cost of that behaviour.

Partly answered

Not addressed: Publishing costs incurred by SLAPPs cases

How: Look Into

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Context

The hon. Member for Ashfield suggested ignoring the laws to put planes in the air, and the Prime Minister has not distanced himself from these comments.

Question

After the Supreme Court ruling on Rwanda, the hon. Member for Ashfield (Lee Anderson) said that the Government should “ignore the laws” and put planes in the air anyway. The Prime Minister has failed to distance himself from those comments. Does that disappoint the Justice Secretary?

Answer from Alex Chalk

I refer the hon. Gentleman to the answer I gave a few moments ago. There is understandable righteous indignation about the situation that exists. We believe that we can comply and deliver our policies within the four corners of international law—that is our approach. However, those who arrive illegally threaten to corrode the rule of law, because that of itself sends out a poor subliminal message that those who do so can act with impunity.

Not addressed: Disappointment

How: Refer, Believe

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Context

The Desecration of War Memorials Bill was brought into law, but there are elements that need to be completed.

Question

The Justice Secretary will know of the hard work undertaken in this Parliament to bring the Desecration of War Memorials Bill into law. Elements of that Bill were subsumed into the Police, Crime, Sentencing and Courts Act 2022, but will he now undertake to complete the job?

Answer from Alex Chalk

My hon. Friend is one of two hon. Members who have fought hard on this issue, and he does so from the position of having served his country. It is completely iniquitous that people should seek to act in a way that desecrates war memorials. His specific point seems utterly compelling and I am happy to discuss it with him hereafter.

Partly answered

Not addressed: Undertake to complete the job

How: Happy To Discuss

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Context

The Supreme Court found that the government's policies about illegal immigration were not based on the facts.

Question

The Justice Secretary is an experienced lawyer, for whom I have a great deal of respect. Will he explain to the Prime Minister that following the Supreme Court's judgment on Rwanda, merely to legislate that the facts on the ground in Rwanda are the opposite of what the Supreme Court found them to be will make no difference to the problems the Supreme Court has identified, and will simply make the Government a laughing stock?

Answer from Alex Chalk

I thank the hon. and learned Lady for her point. At the risk of harming her political career, the respect is entirely mutual. In a rule-of-law country, people can disagree with the decision of a court but they must respect it. We respect the ruling and of course we will abide by court orders, but it is also right that we carefully consider what the Supreme Court said and seek to adjust appropriately.

Not addressed: Explain to the Prime Minister

How: Thank, Respect

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Context

The Justice Secretary is committed to increase the use of tagging, especially for those who are a significant threat to others.

Question

I welcome my right hon. and learned Friend's commitment to increase the use of tagging, where appropriate, to reduce the amount of reoffending. In doing so, what plans does he have to include high-risk domestic abusers and, potentially in the future, those who are illegal drug users?

Answer from Alex Chalk

Not for the first or last time, my hon. and learned Friend has got absolutely to the point. We have deliberately constructed the policy so that if an individual presents a significant threat to a particular individual—often a spouse or a partner—the presumption would not apply.

Partly answered

Not addressed: Include high-risk domestic abusers and illegal drug users

How: Deliberately Constructed

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Context

The support for offenders to practice their faith is regularly cited as playing a key role in their rehabilitation. However, many prisons hinder this right.

Question

Supporting offenders in practising their faith is regularly cited as playing a key role in their rehabilitation in prisons. However, as the Minister will know from my frequent correspondence with the chief executive of His Majesty's Prison Service, many prisons either do not provide the facilities required or actively hinder offenders in practising their religion. HMP Full Sutton has been brought to my attention as one such example. Given its importance, will the Minister assure me that a full review of faith provision across the prison estate will be conducted and guarantee that no one will be denied the ability to freely practise their religion?

Answer from Edward Argar

I am grateful to the hon. Gentleman for his question. He is absolutely right to highlight not only the right of people to practise their religion, but the important role that that can play for those individuals in coping with prison life, rehabilitation and getting on the straight and narrow when they come out.

Not addressed: Conduct a full review of faith provision across the prison estate

How: Grateful

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Context

The Minister recently sent a letter about recruitment and retention issues affecting court listings.

Question

I thank the Courts Minister for his recent letter on recruitment and retention of legal advisers in Essex and the impact that that is having on court listings. Although I know that he and I agree about the independence of the judiciary regarding individual cases, will he meet me to discuss what more might be done to fill the vacancies for legal advisers in Essex?

Answer from Mike Freer

I am always happy to meet my right hon. Friend.

Not addressed: Meet to discuss filling vacancies for legal advisers in Essex

How: Happy

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Q20 Gregory Campbell DUP East Londonderry
Context

The Secretary of State has alluded to the reduction in reoffending rates.

Question

The Secretary of State has alluded to the continuing reduction in reoffending rates among those leaving prison. Does he agree that central to maintaining confidence in the wider community is that the reoffending rate goes down further still?

Answer from Alex Chalk

The hon. Gentleman makes a simple but incredibly important point. We want to follow the evidence so that we protect the public. We will do so, on the one hand, by locking up the most serious offenders for longer and taking them out of circulation, and, on the other, by cutting offending.

Not addressed: Agree that reoffending rate needs to go down further still

How: Want, Follow

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Context

Rob Butler met with a former prisoner, LJ Flanders, who developed a fitness regime suitable for prisoners without gym equipment. The programme was recently run at HMP Aylesbury to train other prisoners as coaches and mentors.

Question

Yesterday, I met former prisoner LJ Flanders who devised a fitness regime that can be conducted in a cell with no special gym equipment. He has just run a two-week training programme in HMP Aylesbury to train other prisoners to provide coaching and mentoring of a similar style. Will my right hon. Friend please encourage everybody in His Majesty's Prison and Probation Service, particularly governors, to facilitate such courses to reduce reoffending?

Answer from Edward Argar

I am grateful to my hon. Friend, who knows about what he speaks. He highlights an example that sounds extremely interesting. I would be happy to meet him to hear more about it and to see where we can take things from there.

Partly answered

Not addressed: The specific ask of encouraging prison governors to facilitate fitness programmes was not directly addressed.

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