Andy Slaughter
MP for Hammersmith and Chiswick · Labour · United Kingdom
“I welcome the Bill, and thank the Government for introducing it and bringing it back to the House before the summer recess. It is the result of years of committed campaigning, led by the families of the victims and survivors of Hillsborough.”
“I know that case means a huge amount to the hon. Lady as a constituency MP, and I thank her for all the work she does on the Justice Committee. I think we have only begun to scratch the surface. This Bill will be a transforming piece of legislation. I will make one final comment.”
“This would be a new, independent public body that collated, analysed and followed up on the conclusions and recommendations made after official investigations into deaths and state failings, in order to improve oversight and implementation of them.”
“I think I have taken enough time, but I thank the Member for that intervention. This afternoon, the Justice Committee signed off a new major report on legal aid, which will be published on Friday. Those who are interested can read more there.”
“In the time that I have, I will focus my remarks on clauses 1 to 16, which create a new appeals body for immigration and asylum cases known as the independent immigration appeals authority.”
“From that visit, our diagnosis was that these are operational problems. There are two key questions for the House: will the IIAA fix the problems with the current system, and will it be truly independent from the Home Office?”
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“Crossrail is a complex project, as the Minister says, especially where there are interchanges with other lines. At Old Oak, it interchanges with overground, underground, Great Western and, of course, HS2 services. Will she look at the very poor co-ordination of that interchange, where every company is doing its own thing, with the Crossrail depot being built in the middle of prime development land? She might like Lord Adonis to look at that, as he knows what he is talking about.”
“4. What assessment he has made of the implications for his policies of the findings of the Independent Healthcare Commission on the NHS in north-west London.”
“Last July, the Minister held a constructive meeting with west London MPs and agreed that information on the review of our hospital services would be shared. We understand that a plan B is being considered that will still move hospital services from Charing Cross and Ealing but, because of rising costs, will retain and mothball existing buildings rather than redeveloping the sites. Can we see the current plans?”
“Before the hon. Gentleman gets carried away with this Manichean view of how wonderful things were then and how terrible they are now, let me point out that he is right in the sense that the income needed to buy shared ownership housing in London in April this year will be £90,000. However, under the coalition Government, it was £85,000 for three bedrooms or more, which is not really affordable either, is it?”
“The idea that any of these schemes are affordable is an Orwellian myth. In my constituency, people need an income of £70,000 to be able to get an affordable home, and that is going up to £90,000 before long. To whom is that affordable?”
“Does the Leader of the House detect any difference between his view of the European convention on human rights—when he was Lord Chancellor, he said: “We have a treaty right to withdraw…We would exercise that right. There is always a first time for everything”— and that of the current Lord Chancellor, who said this week that the Government were “not planning to derogate absolutely from any” of the ECHR rights? Should we now expect any repeal of the Human Rights Act in this Parliament, or has that vanished with the rest of Leader of the House’s programme when he was at the Ministry of Justice?”
“I have been struck by the recent words of the international president of Médecins sans Frontières, Joanne Liu, who said: “Is this the new normal: an MSF hospital bombed every month?” We do not know that these are British munitions, but we do not know that they are not. Until we know the answer, should we not be stopping these arms sales completely?”
“Last week Imperial College Healthcare NHS Trust reported a £25 million deficit, and announced a non-clinical vacancy freeze on top of 10% vacancy rates, and above-target use of agency staff. Its solution was to pay its chief executive £350,000 last year to oversee the downsizing of the major local hospital, Charing Cross. What is that other than a short-sighted and dangerous attempt to undermine the NHS?”
“It has posed an existential threat to a fundamental part of our legal system, and it has caused uncertainty, failure and distress to thousands of hard-working small businesses throughout the country.”
“Will he go further, and establish what assistance can be given to those firms? Will he remove the remaining uncertainty over the second fee cut? Given that he imposed it and has now decided to remove it for at least a year, what timescale and criteria will he apply to future fee levels? Finally for today, given the NAO’s and the Public Accounts Committee’s scathing criticisms of the civil legal aid cuts—incidentally, I learned just before entering the Chamber that the NAO has also reported a £1.1 million loss by the aborted Just Solutions International, the commercial arm of the Ministry of Justice—will the Minister bring forward the review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012? This has been an appalling use of taxpayers’ money.”
“Friend the Member for Tooting (Sadiq Khan) when he proposed the scrapping of the scheme exactly a year ago. What we cannot do is draw a line and forget what has happened. Questions remain to be answered, and I ask the Minister to answer the most urgent of them today. How much public money and civil service time have been spent on the abortive tendering processes, the court cases and the consultations in the past three years? Will the Minister refer his own Department to the National Audit Office, so that it can be independently investigated? Will he apologise to the firms that have closed, laid off staff or cut salaries when faced with losing contracts, and also to those who have spent thousands of pounds on bidding and winning contracts and, in many instances, taking on extra staff whom they will not now need?”
“Everyone who cares about the criminal justice system in our country has been saying that the Government’s proposals for new criminal contracts were a disaster from the day on which they were proposed, in June 2013. That was not only my view or that of the Law Society, the Criminal Law Solicitors’ Association, the London Criminal Courts Solicitors’ Association and the Justice Alliance; it was the view of everyone in the justice system, and I pay tribute to them all for the magnificent campaign they have fought. It was also the view of the Government’s own experts, but the former Lord Chancellor still failed to register the chaos over which he was presiding. I credit the current Lord Chancellor with having the common sense to bring this farce to an end, but I wish the Government had listened to my right hon.”
“This is a happy day. A serious threat to the integrity of the justice system and the livelihoods of thousands of hard-working professional people—the mainly small and local solicitors’ firms that are the bedrock of local justice—has been lifted, and we welcome that. Nothing is more important to securing access to justice than the ability of citizens to obtain competent and timely legal advice when accused of criminal conduct, but that basic human and civil right was put at risk by the Government’s ill-conceived plans. What on earth was the Department playing at in the first place? This is the latest in a series of U-turns, and once again a written statement was issued at 3 pm on a Thursday. We are only here today thanks to you, Mr Speaker, because you granted the urgent question.”
“It is extraordinarily cynical for the Minister to talk about housing waiting lists when the Government are forcing the sale of council houses to subsidise the sale of housing association homes. How does he explain the fact that only 5% of people who have been affected by the bedroom tax have been able to move, but more than 10 times that number are in rent arrears?”
“Is this not a bit “Yes Minister”? The Minister has the report, but he has not received it, so he cannot do anything about it. Is that not a recipe for inaction? During the last invasion of Gaza, he said he would consider suspending arms sales to Israel, but by the time he had considered it, the damage had been done and several thousand civilians had been killed. Is that not what will happen here? Will he suspend arms sales? There is evidence of a breach of international humanitarian law. Will he do that now, look at the evidence and then make a decision?”
“At business questions last week and at Justice questions on Tuesday I asked, without success, for confirmation of the much flagged U-turn on criminal legal aid contracts. That is vital not only to hundreds of individuals and small solicitors’ firms, which risk losing their livelihoods, but to arrested persons getting competent and timely legal advice. I now see that a written ministerial statement on criminal justice is to be published later this afternoon, presumably to spare the Government embarrassment. This is very important. Can the Leader of the House make the Justice Secretary come and give an oral statement on this subject tomorrow or Monday?”
“From the Lord Chancellor’s statements and speeches so far, I think he may agree. The question for today is: what are he and his Government going to do about it? It is certainly the view of many in his party that prison is not working. We have waited some time for a parliamentary debate on the crisis in our prisons. This will be the fourth in a week. I hope that is a reflection of the new priority that parliamentarians in both Houses are giving to this issue.”
“Prison and probation staff have some of the toughest jobs in our country. With few exceptions, they work with industry, compassion and resolution to protect the public and to help to change lives through rehabilitation. All of us in this House owe them our gratitude. Over six years in the shadow Justice team, but also as MP for one of Britain’s most iconic prisons, HMP Wormwood Scrubs, and, in the past, as a criminal barrister, I have visited many prisons and spoken to both prisoners and staff, and to their representatives in the Prisoner Learning Alliance and Napo, to which I also pay tribute. The inescapable conclusion is that the prison system in this country—I use the term to include both the adult and youth estates—is not working, contrary to the famous pronouncement of the noble Lord Howard.”
“I beg to move, That this House believes UK prisons are in crisis; notes the increasingly high rates of violence, self-harm and drug use in prisons, and the resulting pressure on the NHS; further notes that the last report by the outgoing Chief Inspector of Prisons warned that outcomes across the prison estate were the worst for ten years; believes that no prison staff should have to go to work facing a threat to their safety; notes with concern the decision of the Scottish Government, announced in its recent draft Scottish Budget for 2016-17, to reduce funding for the Scottish Prison Service by almost £40 million in cash terms; is appalled by the disturbing allegations of violence at Medway Secure Training Centre; regrets the Government’s inadequate response to the Harris Review and to mental health in prisons; is concerned that re-offending rates are so high; believes the Government lets down victims of crime by failing to enshrine their rights in law; regrets the Government’s reckless privatisation of the probation service and the job losses in community rehabilitation companies; and calls on the Government to put all G4S-run prisons, STCs and detention centres into special measures, to immediately review the implementation of Transforming Rehabilitation and to publish the Memorandum of Understanding on Judicial Cooperation with Saudi Arabia.”
“In the 12 months to June 2015, there were 28,881 reported incidents of self-harm, up by 21% in just a year; 4,156 assaults on staff, a 20% rise from the year before; and 578 serious assaults on staff, a rise of 42% from the year before. Tragically, a prison officer, Lorraine Barwell—it was the first such incident of its type in a quarter of a century—died in July last year after being the victim of an attack in the line of duty one month earlier. We owe it to her and her family to ensure that her colleagues are as safe as possible.”
“He has made some fine rhetorical flourishes on the subject of prison reform and set reviews in progress, but what action do his Government intend to take? I am happy to give the Lord Chancellor a platform today to add some substance to the rhetoric—it is a platform rather than a scaffold—but I will do so by setting out the scale of the task before him. Let me begin with the basic issue of safety. In the 12 months to September 2015, there were 267 deaths in prison custody—95 suicides, up from 60 in the same period in 2010; 153 deaths from natural causes, up from 123; and seven homicides. There have been the same number of homicides in prison in the past two years as there were in the preceding eight.”
“In concluding the debate, the Minister, Lord Faulks, said he “had no difficulty in supporting any of them”. —[ Official Report, House of Lords, 21 January 2016; Vol. 768, c. 910-940.] I assume the same can be said for the Lord Chancellor. To remind him, the five proposals are: deprivation of liberty, but not to make life as uncomfortable as possible; end overcrowding; reduce the number of people sent to prison; do so by re-examining sentences; and pass responsibility to the governor and staff. The Lord Chancellor has spoken approvingly of the last of those points, but does he agree with Lord Fowler and his Minister on the other four points? More importantly, if he does, how will he set out to accomplish them? That is not a trick question. I do not know whether the Lord Chancellor is in muesli mode or Shipley mode today.”
“I take the intervention in the spirit in which it is meant, but I hope we are not going to have a war over who did what when. As the right hon. and learned Gentleman will see in a moment, we are talking not about the last 10 years, but the last 50 years. I should make a special mention of the debate on prison reform in the other place on 21 January in the name of the noble Lord Fowler. Lest the Lord Chancellor take exception to the wording of today’s motion— “That this House believes UK prisons are in crisis”— the noble Lord ended his excellent speech with these words: “In 1970, we faced a prisons crisis; today, we face a prisons scandal.” Every speech in that debate was superb, and I hope this House can live up to those high standards today. Lord Fowler set out five proposals.”
“My hon. Friend—I know he speaks from a position of knowledge on the subject—is right. I will come to that in a moment. The prison riot squad was called out 343 times last year—once a day on average—compared with 223 times the year before and 118 times in 2010. Alcohol finds have nearly trebled since 2010. From mobile phones to drugs and legal highs, the list of what people can smuggle into prison at the moment is elastic. According to one prisoner at HMP Oakwood, a prison that the previous Lord Chancellor called “an excellent model for the future” —[ Official Report , 5 February 2013; Vol. 558, c. 114.] , it was easier to get drugs than soap, so there are some restrictions. Earlier this month, seven officers reported suffering ill effects from inadvertently inhaling legal highs. You couldn’t make that up.”
“Friend the Member for Liverpool, Wavertree (Luciana Berger), 60% of prisoners who took their own life last year were not receiving assistance under the assessment, care in custody and teamwork process, which is supposed to identify prisoners at a heightened risk of suicide or self-harm.”
“Staff are already struggling, following cuts on an unprecedented scale. There are 9,760 fewer operational prison staff than in 2010, and nearly 5,000 fewer prison officers since 2010. Some 250 prison governors resigned or moved jobs in the past five years. On education, the Prisoners Education Trust reports that prisoners tell them they have to choose between going to the library and having a shower, because of the lack of staff to escort them. Nearly half of prisoners report having no qualifications and 42% of people in prison say they had been expelled or permanently excluded from school. The Lord Chancellor appointed Dame Sally Coates, the distinguished former head of Burlington Danes Academy, to review prisoner education. Perhaps he will let us know what progress she has made. On mental health, according to an answer given to my hon.”
“I agree with most, if not all, of the provisions in the Bill. The issue we are dealing with here, however, is smuggling contraband into prisons by a number of means, including the increasing use of drones. Turning to overcrowding, figures released by the Prisons Minister on Monday showed that 25% of all prisoners are in overcrowded cells. In some prisons, such as Wandsworth, the figure rises to over 80%. It is, in the words of the chief inspector, “sometimes exacerbated by extremely poor environments and squalid conditions.” This memorably led one member of staff to tell him, of a cell in Wormwood Scrubs, that he “wouldn’t keep a dog in there”. In the past 25 years, the prison population has almost doubled, from under 45,000 in 1990 to over 85,000 now. It is projected to increase to 90,000 by 2020.”
“As such, it presided over a riot in an Arizona state prison and ran a youth facility in Mississippi that a judge described as “struggling with disorder, periodic mayhem, and staff ineptitude which leads to perpetual danger to the inmates and staff.” It probably left that reference out of its application, along with the fact that its directors helped to set up Abu Ghraib prison in Baghdad. The problems of the youth estate go way beyond G4S, however, which is why the chief inspector of prisons has called for an inquiry into the failings at Medway and the implications for the wider youth justice system.”
“G4S has a truly dismal record of managing public contracts here and abroad. At Rainsbrook STC, six staff were dismissed and the contract was terminated last September, following an inspection report that said some staff were on drugs while on duty, colluded with detainees and behaved extremely inappropriately with young people. The company taking over the contract is MTCnovo. It is a name not well known in this country because, in origin, it is a US prison firm.”
“We welcome the measures announced yesterday by the Lord Chancellor to effectively put Medway secure training centre into special measures. This is unsurprising, as they are exactly what I called for in an urgent question two weeks ago. I also welcome the decision by the director of Medway to stand down. However, individuals should not bear the entirety of the blame for what looks like corporate failure by G4S. I have now written to the Serious Fraud Office to ask that it investigates the allegations, made in the BBC “Panorama” programme on Medway, that instances of disorder were concealed to avoid G4S incurring fines under its contract. This is in addition to the ongoing SFO investigation into G4S and Serco’s manipulation of the tagging contracts for financial gain.”
“It highlighted the disparity in performance between the national probation service, which is still part of the National Offender Management Service, and the 21 community rehabilitation companies managed by private providers. For CRCs, one quarter of the offenders sampled had been convicted of a further offence, whereas for the NPS the figure was less than one fifth. On child protection and safeguarding on home visits, the NPS again outperformed CRCs. Earlier this month, the Lord Chancellor’s Department stopped publishing figures relating to staffing figures at CRCs. Why was this, except to conceal the hundreds of experienced probation staff being laid off across the country to promote the bottom line for the CRCs’ owners? Let me turn to the youth estate, and in particular the role of G4S.”
“The cuts in staff lie at the root of many of the problems I am identifying. The fact that in many cases prisoners now spend 22 or 23 hours in their cell, and have restrictions on work, education and association, is leading to increased violence and poor behaviour in prisons. That is a very short-sighted development. I think the Government realise that, but perhaps too late. Turning to probation and reoffending, figures I obtained last month revealed that almost one in 10 offenders are convicted of an offence within 18 days of release. HM inspectorate of probation’s fourth report on the implementation of transforming rehabilitation was published on 15 January.”
“The outgoing inspector, Nick Hardwick, has done a great job in spite of, not because of the Government. This brings me to the point made by my hon. Friend the Member for Ealing Central and Acton (Dr Huq). The reports last week that the MOJ had tried to control or muzzle him were outrageous. I welcome the Lord Chancellor’s announcement yesterday that he will retain Mr Hardwick’s expertise as head of the Parole Board, but let us use this opportunity to shake things up. We need a stronger, more independent inspectorate that is able to produce reports with total independence from the MOJ and to conduct more frequent and unannounced inspections.”
“My hon. Friend makes an extremely good point, and one that I will come on to. If the Lord Chancellor is a prison reformer, as he is now billed, we are prepared to work with him. He could start with the Prison Reform Trust report, “Correction or care? the use of custody for children in trouble”, published last year, which looked at successful models around the world. Successful prisons are becoming smaller, more focused and more rooted locally, which is why he is right to abandon his predecessor’s plans for a new borstal. Although he is also to be commended for wishing to close unsuitable prisons, if, as a consequence, prisons are built a long way from friends and family or we move from local to titan prisons, that will have its own drawbacks. We need prison watchdogs with real teeth and independence.”
“It is possible to be tough on crime, to put the protection of the public first and to make sure prisons play their role in punishment as well as in rehabilitation, but it is also true, to quote Dostoevsky, who knew a thing or two about crime and punishment, that, “the degree of civilisation of a society can be judged by entering its prisons.” It is in the self-interest of every citizen that prisoners, having served their time, become productive members of society and do not continue to pose a risk through reoffending. The Lord Chancellor may not be “a muesli muncher”, as he put it yesterday, but he is the Minister for porridge—and it is about time he served up something substantial.”
“Yesterday, I spoke at a meeting here on the discriminatory effects of joint enterprise charging decisions on BAME individuals and groups, and asked the Lord Chancellor to examine that area of law, which his predecessor failed to do. In the light of the number of Members wishing to speak, I shall terminate my remarks. I welcome the change in tone on prisons since the Lord Chancellor’s appointment, but so far that is about all it is.”
“Friend the Member for Darlington (Jenny Chapman) wrote in response to a prison report: “Too often we see the response to a poor inspection report centre on the appointment of a new governor or the assertion that things have improved dramatically since the poor inspection took place.” It is time we put much greater effort into preventing people from getting involved in crime in the first place. We need a renewed focus on education and stepping in to divert young people from a life of crime. We must do better for trans people in our prison system. The “Dying for Justice” report, by the Institute of Race Relations, and the Harris review both revealed that black, Asian and minority ethnic people were over-represented at every stage of the criminal justice process.”
“I accept entirely what the hon. Lady says. I am painting a realistic picture, as the necessary starting point for the improvements that Members on both sides of the House wish to see. There have been improvements. The decline in the number of people in youth custody, from more than 3,000 to less than 1,000, is extremely impressive. It has happened under successive Governments. We are concerned, however, about the condition and treatment of the young people still in custody and the type of facility they are in. The incidents at Medway and elsewhere are examples of how things are failing in that sector as much as elsewhere. My hon.”
“Talking of value for money, how much has the miscalculation of divorce settlements cost so far? The 2,200 closed cases will require specialist legal advice and negotiation to correct. Who is going to pay for that—the taxpayer or the people his Department has so badly let down? On the back of it, the legal press has dubbed the Under-Secretary of State for Justice, the hon. Member for North West Cambridgeshire (Mr Vara), the Minister for cock-ups. We disapprove of this scapegoating. Does not the whole ministerial team deserve that title?”
“I commend the Secretary of State for his appointment of Nick Hardwick to the Parole Board. I am sure he will be just as forensic there as in his current role. Exactly a year ago, my right hon. Friend the Member for Tooting (Sadiq Khan), with his usual prescience, said that the new criminal legal aid contracts were “making a pig’s ear of access to justice” and should be abandoned. Will the Secretary of State confirm the press reports that he is about to do just that?”
“An hour ago at the Justice Select Committee, the Master of the Rolls described the fee increases affecting civil litigants of small businesses as a desperate way of carrying on based on hopeless research. He laughed when asked by the hon. Member for Cheltenham (Alex Chalk) if anything in the Government’s argument stood up to scrutiny.”
“On a point of order, Mr Speaker. During Justice questions, I was alarmed to see the hon. Member for Cheltenham (Alex Chalk), who is in his place, dissenting from a quote I ascribed to him from the Justice Committee this morning. I now understand why: the quote was correct, but it was uttered by my right hon. Friend the Member for Delyn (Mr Hanson), not the hon. Member for Cheltenham. Having known and liked the hon. Gentleman for many years, I am anxious to correct that error, while noting that it shows his independence of thought that I could have credited him with the quote, and his magnanimity in trusting me to set the record straight.”
“When will the Government decide to support Lord Dubs’s amendment? I ask because when I was in the Calais camp on 21 December, I met a former Afghan interpreter for UK forces who was trying to look after some of the unaccompanied children, including 15-year-old Masud. By the time I recounted that visit in Westminster Hall on 6 January, Masud was dead. Time is of the essence. Would not this Wednesday—Holocaust Memorial Day—be a suitable date for the Minister to make up his mind and let the children in?”
“May we have a statement on criminal legal aid to clarify whether the Government still intend to go ahead with their disastrous two-tier contracts for criminal solicitors? I realise that the Leader of the House will not welcome a sixth high-profile U-turn on policies he championed when he was Lord Chancellor, but the current chaos is, in the words of the Law Society this week, “undermining access to justice for the most vulnerable in society.””
“I thank the Minister for the consultation, the additional money, the scheme consolidation and the work that both she and the Minister for Community and Social Care have undertaken. I also thank, of course, the all-party group and my hon. Friend the Member for Kingston upon Hull North (Diana Johnson). Will the Minister concede that, for those of us who have worked closely with individual victims for a number of years, the resolution has to be, as far as possible, to put them in the financial position they would have been in but for the grievous harm done to them, and that that may in some cases mean a bespoke solution for individual victims—we are not dealing with unlimited numbers of people here?”
“Next week, the High Court will hear a judicial review brought by, among others, my constituents Rebecca Steinfeld and Charles Keidan, who wish to enter into a civil partnership but cannot currently do so, in breach of their article 8 and article 14 rights. We are aware of the Leader of the House’s love of the Human Rights Act—perhaps he will apply for Shami Chakrabarti’s job, given that he will be looking for one soon—but this is a matter for Parliament. Will he find Government time to legislate to allow different-sex couples to enter into civil partnerships?”
“My hon. Friend and my right hon. Friend the Member for Tooting (Sadiq Khan) are making exactly the right point. The idea that £450,000 homes for sale can replace socially rented homes, and when they are not in the same area, is what I understand the hon. Member for Richmond Park (Zac Goldsmith) told the Camden New Journal last week; if he is here, he may wish to clarify. Getting rid of council homes in inner London and replacing them with homes for sale at vastly inflated prices in outer London and beyond is not acceptable.”
“My right hon. Friend is right to quote the Evening Standard saying that this will be disastrous. For many inner-London authorities, it means that the majority of their council stock will be sold. It is, in effect, the end of security of tenure of council housing in inner London. That is what the Government intend.”
“Will the hon. Gentleman make it clear whether he agrees that the forced sale of empty council properties is a good idea or a bad idea? If it goes ahead, does he agree that those properties should be replaced with like-for-like in the same local authority area? Is that his position?”
“It is no surprise to hear that the Secretary of State wants to move away from talking about council tenancies, because his treatment of them is a disgrace. He was not asked about inheriting succession rights; he was asked about security. Why can council tenants not continue, as happened under the Housing Act 1985, introduced by Margaret Thatcher, to have security in the same way that anybody else would want in their home? The situation is appalling. Why is he only building starter homes, which nobody can afford, in Old Oak in my constituency, instead of social homes, which people need and want?”