Commons Sense

House of Commons · Ministers' Questions

Topical Questions

Tuesday 9 January 2024 · 20 questions

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

Read the full transcript on Parliament.uk

At a glance

Answered 5 Partly answered 14 Not answered 0

Key points

  • Mike Kane (Labour) raised concerns about the long wait times for sexual offence cases, averaging 839 days, and questioned if the distress to victims is being adequately addressed.
  • Alun Cairns (Conservative) highlighted the lengthy wait times for appeals regarding education, health, and care plans, ranging from nine to 13 months, and called for systematic reform.
  • James Davies (Conservative) inquired about the Preventable Deaths Tracker, and the Secretary of State expressed willingness to meet with Dr Richards to discuss further collaboration on the tracker.

Topics (select to filter)

Questions & Answers

Q1 Mike Kane Lab Wythenshawe and Sale East
Crime & Law Enforcement Justice & Courts
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.

Question

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?

Answer from Alex Chalk

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.

Partly answered

Not addressed: The distress caused by long waits for court hearings was not directly addressed.

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Q2 Mike Kane Lab Wythenshawe and Sale East
Justice & Courts
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.

Question

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?

Answer from Alex Chalk

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.

Partly answered

Not addressed: The distress caused by long waits for court hearings was not directly addressed.

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Q3 Alun Cairns Con
Education Children & Families
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.

Question

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?

Answer from Mike Freer

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.

Partly answered

Not addressed: 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 Janet Daby Lab Lewisham East
Justice & Courts Children & Families
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.

Question

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?

Answer from Alex Chalk

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.

Partly answered

Not addressed: Did not provide specific steps to address limited family contact or poor conditions in youth estate.

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Q5 James Davies Con
NHS
Context

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.

Question

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?

Answer from Mike Freer

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.

Answered
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Q6 Kate Osamor Labour (Co-op) Edmonton and Winchmore Hill
Justice & Courts Women & Equalities
Context

Numerous studies indicate that a higher percentage of black and Asian defendants are being held on remand compared to white women.

Question

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?

Answer from Edward Argar

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).

Partly answered

Not addressed: Did not provide specific measures against disparities; offered to meet instead.

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Q7 Stephen Hammond Con
Crime & Law Enforcement Justice & Courts
Context

The question is about whether the Director of Public Prosecutions can take over a private prosecution.

Question

Can the Secretary of State confirm that the Director of Public Prosecutions could take over a private prosecution and discontinue it?

Answer from Mike Freer

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.

Answered
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Q8 Chris Law SNP Dundee Central
Crime & Law Enforcement
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.

Question

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?

Answer from Alex Chalk

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.

Partly answered

Not addressed: Did not directly acknowledge the specific success of Scottish community safety efforts or commit to a congratulatory statement.

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Q9 Luke Evans Con Hinckley and Bosworth
Crime & Law Enforcement
Context

The Department has been looking at fitting alcohol monitoring tags for offenders during the festive season.

Question

What assessment have the Government made of the effectiveness of alcohol monitoring tags in reducing alcohol-fuelled crime?

Answer from Alex Chalk

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.

Answered
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Q10 Emma Lewell Lab South Shields
NHS
Context

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.

Question

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?

Answer from Alex Chalk

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 Kevin Foster Con
Crime & Law Enforcement
Context

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.

Question

What steps are the Government taking to ensure that offenders who spike drinks get appropriate deterrent sentences?

Answer from Laura Farris

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.

Answered
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Q12 Meg Hillier Labour (Co-op) Hackney South and Shoreditch
Justice & Courts
Context

The victim of a violent attack was not informed when the perpetrator, who received less than 12 months, was released from prison.

Question

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?

Answer from Alex Chalk

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.

Partly answered
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Q13 Nadhim Zahawi Con
Justice & Courts
Context

There remain 800 Post Office convictions based on bad data, preventing victims from claiming compensation.

Question

Will the Justice Secretary bring a simple Bill to quash all 800 convictions immediately?

Answer from Alex Chalk

The suggestion is receiving active consideration. I expect to be able to make further announcements shortly.

Partly answered
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Q14 John Cryer Lab
Crime & Law Enforcement
Context

Cuckooing is a terrible activity that could be made easier to prosecute.

Question

Will the Minister discuss cuckooing as a specific crime with my hon. Friend?

Answer from Alex Chalk

The suggestion has been considered by way of discussions with criminal justice partners. I would be happy to have further conversations.

Partly answered
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Q15 Siobhan Baillie
Children & Families
Context

January is often considered family breakdown month, with divorces costing over £14,000 on average.

Question

Will the Lord Chancellor meet to look at campaigns for divorce and family breakdown reform?

Answer from Mike Freer

I am more than happy to arrange a meeting with my noble Friend Lord Bellamy to update her and the noble Baroness Deech.

Answered
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Q16 Richard Burgon Lab Leeds East
Justice & Courts
Context

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.

Question

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?

Answer from Edward Argar

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.

Partly answered

Not addressed: The answer does not address why the government is proceeding with One HMPPS despite its opposition and disputes.

How: Hedging Language

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Q17 Robert Buckland Con
Justice & Courts
Context

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.

Question

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?

Answer from Alex Chalk

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.

Partly answered

Not addressed: The answer does not address whether the Lord Chancellor will consider legislating to quash the convictions.

How: Hedging Language

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Q18 Tim Farron Lib Dem Westmorland and Lonsdale
Immigration Migrants & Borders
Context

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.

Question

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?

Answer from Mike Freer

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.

Partly answered

Not addressed: The answer does not address whether the government is comfortable with this situation or proposes specific action.

How: Promising To Follow Up

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Q19 Bob Neill Con
Justice & Courts
Context

The scale of the Horizon IT scandal involves hundreds of victims who have lost faith in the process for seeking justice.

Question

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?

Answer from Alex Chalk

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.

Partly answered

Not addressed: The answer does not address whether the Lord Chancellor will ensure conversations with the senior judiciary.

How: Hedging Language

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Q20 Andrew Slaughter Lab Hammersmith and Chiswick
Justice & Courts Housing
Context

Spending on housing legal aid has fallen by more than half in the past decade, from £44 million to £20 million.

Question

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?

Answer from Mike Freer

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.

Partly answered

Not addressed: The answer does not address whether the reduction is appropriate or if it contributes negatively.

How: Highlighting Recent Investment

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