Sir Jeremy Wright
MP for Kenilworth and Southam · Conservative · United Kingdom
“I applaud my right hon. Friend’s passion and clarity on this issue. On the subject of democratic accountability, he knows that if, as the hon.”
“I welcome the intent that the Secretary of State has set out this afternoon, and the urgency with which she will require the relevant companies to act.”
“The Electoral Commission has made no formal assessment of this. It would be a matter for Parliament to introduce such legal protections. It is prescribed in law that poll cards and ballot papers must be provided in English or Welsh, but there are no other prescribed language requirements relating to election materials.”
“We can all cynically speculate about the reasons why this sudden about-turn has taken place this week, but, as my hon. Friend the Member for West Suffolk (Nick Timothy), who spoke from the Front Bench, said earlier, it is our job to scrutinise this legislation and to ensure that whatever we put in place does justice to the determination o…”
“In today’s version of the amendment paper, for the first time, that amendment has disappeared and been replaced not with the detailed compromise that Intelligence and Security Committee members, who have been engaged with this process, have been working towards, along with many others, but with Government amendment 157.”
“As the House would expect, we engaged with that process as diligently as we could, with no partisan politics, in an effort to make good law in the pursuit of greater state transparency while preserving our national security equities. As the hon.”
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“First, it is important that those who are employed by probation trusts—my hon. Friend the Member for St Albans (Mrs Main) made this point—understand where they stand. It does not benefit them for us to drag our feet at this point. We need to get on with it so that those people can understand what their own futures hold. Secondly, to reiterate a point made by my hon. and learned Friend the Member for Harborough (Sir Edward Garnier), I make no apologies for the urgency of these reforms: as long as we wait, there will be further cases of reoffending and further victims created. Some 600,000 offences are committed every year by those who are reoffending. That is the problem that everyone here has identified correctly and everyone says they want to do something about.”
“I would say two things to the right hon. Gentleman on that. First, he and his colleagues have busily argued that we should have had more pilots, while some of the pilots we cancelled were less comparable to our reforms than were Peterborough and Doncaster, so he needs to be careful what he is arguing for. Secondly, he is absolutely right to say that the Peterborough and Doncaster pilots were conducted on a voluntary basis. That is because the law does not allow us to impose them on a compulsory basis. That is the law I am inviting the right hon. Gentleman to vote in favour of today, and I very much hope he will do so. Unless we have that law, we will never be able to impose those kinds of provisions on a compulsory basis. Finally, on the issue of the pace of the reforms—an issue of which others have made much—I want to say two things.”
“Now, for reasons of sheer opportunism, they wish to walk away from, and leave abandoned, the victims and potential victims of crime whom our proposals would help. Question put, That the clause be read a Second time.”
“Lady does as well— that on Second Reading the shadow Secretary of State for Justice, the right hon. Member for Tooting (Sadiq Khan), said that if we will the ends, it is very important to will the means. It does not seem to me that the Labour party has done any of that since his Second Reading speech. By my count, we have engaged in 21 hours of parliamentary debate, and there have been three votes on the principle of our reforms. Opposition Members lost every one of those votes, and they still ask for more parliamentary debate. I wonder how much more of it they feel that they need in order to be persuaded of something that they supported, and legislated for, when they were in government.”
“I have already explained to the hon. Lady that one of the commercial realities is that we do not disclose such information to those who we hope will bid under the amount concerned, because we want a better deal for the taxpayer. We are very interested in getting a good deal for the taxpayer, and we think that this is the way in which to do it. The last Government intended to introduce these measures within existing budgets and without contracting out. The hon. Lady opposes contracting out, but we say that that is the way to pay for it. What does the hon. Lady say is the way to pay for it? Or is this, once again, the sort of opportunistic opposition that says “We like the idea, but we do not really want to do it”? I remember—and perhaps the hon.”
“Friend the Member for Penrith and The Border has been invited to lead will, I hope, give us that opportunity.”
“Friend will want to look at that and perhaps suggest further improvements. We are doing more in prisons to identify veterans as early as possible, and all prisons should now have a veterans-in-custody support officer to co-ordinate and assist in that task. The proposed probation reforms offer an opportunity to do better in that regard, and to encourage all sectors to work together to identify service personnel and offer the assistance that we can. I recognise entirely, as the right hon. Member for Dwyfor Meirionnydd and my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) have said, that a variety of organisations already do good work with offenders, but there is always an opportunity to do more. The review that my hon.”
“I agree that our armed forces do a difficult and dangerous job. We should also be clear—I know that no one has suggested otherwise in the course of this debate—that service in the armed forces does not inevitably lead to a life of crime following a return to civilian status. Undoubtedly, however, there are those who struggle with the transition, although, as my hon. Friend the Member for Penrith and The Border said, it is also true that those with a service background are less likely to commit offences than those who do not have such a background. We should also recognise the considerable support that the armed forces, as an employer, offer to those who are returning to civilian life. The prison and probation services already work with ex-service personnel, and my hon.”
“I apologise in advance to those who have participated in this interesting and useful debate, because I will not have the chance in the time that is available to go into the issues in the detail that I would ideally like. Let me begin with new clause 2. I am grateful to the hon. Member for Darlington (Jenny Chapman) for what she has said about the nature of the amendments, and I hope that will curtail what I need to say about them. I pay tribute not just to the hon. Member for Barnsley Central (Dan Jarvis) but to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) and many others across the House for the extensive interest they have shown in this matter. I know that they will want to interact with my hon. Friend the Member for Penrith and The Border (Rory Stewart) and express their expertise to him.”
“Friend said, female offenders have different rates of child care responsibilities from male offenders, so a one-size-fits-all approach will not, in all likelihood, be successful. Let me be clear again that this is not about advocating preferential treatment for women in the criminal justice system or a different sentencing regime for female offenders; it is about ensuring that our reforms remain responsive to offenders’ needs in order to ensure that we turn their lives around and end reoffending. On that basis, I hope that my hon. Friend the Member for Shipley will see fit not to press his amendment and that Opposition Members will see fit to withdraw new clause 2 and not press their other amendments.”
“We should recognise that this is not a sentencing question, as he says that it is—I agree that there is no justification for treating female offenders per se more leniently than male offenders. We are discussing not the sentencing process but the process of rehabilitation that takes place after sentencing. It seems to me that the evidence is clear that how one approaches rehabilitation for female offenders must be materially different, if one expects it to be successful, from how one approaches it for male offenders. That is what clause 10 sets out. The experience of female offenders is different in a number of ways, whether that concerns the abuse that they might have suffered before committing offences or the rate at which anxiety and depression are suffered. As my hon.”
“There are few who can say that they have contributed more to the agenda than he did. I am grateful to the hon. Lady for her support, and I hope that there will support on both sides of the House for amendment 5. The final amendment in the group is amendment 7, tabled by my hon. Friend the Member for Shipley (Philip Davies). As he has outlined, the amendment would remove clause 10, which was added in the other place, rightly, by the Government. I am sorry to disappoint him, but it would not be right to remove the clause at this stage. I know that he has a healthy disrespect for consensus, but the fact that almost everybody disagrees with him does not automatically mean that they are all wrong. In this case, I do not think that they are.”
“I understand that he would prefer all those programmes to be delivered by the public sector, but I think that he and I would agree that what is crucial is that the standards and quality of those programmes are maintained. We will achieve that by virtue of accreditation and, of course, the accreditation process will still take place within the public sector. I am grateful for what the hon. Member for Darlington and others have said about Government amendment 5, which I will move at the appropriate time. I am also grateful to the hon. Lady for raising the issue initially in Committee. I also want to take the opportunity to pay tribute, as she did, to Paul Goggins and the contribution he made not only to the amendment but to the restorative justice agenda over a considerable period of time.”
“Accreditation is overseen, as he will know, by the National Offender Management Service, which ensures that the programmes are evidence-based and have therefore demonstrated their effectiveness in reducing reoffending. The programme requirement will continue to be available to sentencers, and the NPS will have a key role in assessing offenders and providing advice to courts on their suitability for such programmes. CRCs will be mandated to deliver the sentence imposed by the court, and that will include the provision of accredited programmes. All offenders, whether they are managed by the NPS or CRCs, will be able to access accredited programmes and other interventions provided by CRCs. I hope that the hon. Gentleman is reassured by those points.”
“He is right that it is hugely important to ensure that domestic violence is treated seriously and that the programmes he has described are implemented effectively. He knows that those at highest risk of serious harm will in any event be the responsibility of the national probation service, and the NPS will also manage all offenders who are subject to multi-agency public protection arrangements. That will include all offenders convicted of sexual and violent offences attracting a sentence of more than a year and all those whose offending leads them to become registered sex offenders. On the specifics of the programmes that the hon. Gentleman described, I entirely agree with his enthusiasm for a consistency of approach. I hope I can offer him some reassurance, as such programmes would have to be accredited.”
“We do not want to do that as we want to get going as soon as possible and I hope that that will meet with the approval of the House. In view of what the hon. Member for Darlington has helpfully said, I do not think that I need to go through the deficiencies we believe that there are in new clause 3. I recognise the intent behind it and we very much support that. We want to ensure that the review produced by my hon. Friend the Member for Penrith and The Border can assist us in producing solutions and suggestions that we can make use of in the course of our broader reforms. Let me say something about new clause 12, tabled by the hon. Member for Hayes and Harlington (John McDonnell).”
“Thirdly, we want him to consider best practice relating to the rehabilitation of ex-service personnel offenders, including evidence of effective interventions in other countries. Fourthly, he should consult with the cross-government military reference group, which already exists, and report to the Secretary of State within six months. That is an important time frame, because we want to ensure that our reforms are informed by what my hon. Friend and those working with him can tell us. We will publish my hon. Friend’s report and place it in the Library of both Houses so that it is available for all to see. If we were to wait for the conclusion of the Bill process, as the new clauses suggest, that would delay the beginning of the review.”
“I want to come to the timetable. Without wishing to get into too much detail on these probing amendments, there are deficiencies within them that would require further legislation in any event. I understand the hon. Lady’s point, but I want to answer the question of the hon. Member for Darlington about what my hon. Friend’s review will be covering. First, we will ask him to consider the rehabilitation needs of ex-service personnel convicted of criminal offences and sentenced to a custodial or community sentence, and the current rehabilitation available to them. Secondly, we want him to consider the process whereby ex-service personnel are identified following conviction, and that goes very much to the point that the hon. Member for Blaydon (Mr Anderson) was making.”
“The right hon. Gentleman is right that time was short, but I got the chance to say that it would take six months for my hon. Friend the Member for Penrith and The Border (Rory Stewart) to report back to my right hon. Friend the Secretary of State.”
“The “Transforming Rehabilitation” competition process has been designed to allow, as far as possible, a range of different entities to bid to deliver services. But such entities need to be capable of bearing financial risk, because under our reforms we will pay providers in full only if they are successful in reducing reoffending.”
“I would say two things to the right hon. Gentleman. First, he understands, I think, that one advantage of what we are proposing is that we move risk away from the taxpayer, so that those prepared to take on these contracts on a payment-by-results basis put their own money at risk, not the taxpayer’s. In the scenario he is outlining, it is difficult to see how we avoid the taxpayer continuing to take that risk. Secondly, as he may also know, many of the talented individuals who work for probation trusts at the moment are exploring the possibility of setting themselves up as mutuals so that they can continue to do this work, and there is considerable support for that from our colleagues at the Cabinet Office—they are providing money and support to enable them to do that.”
“My right hon. Friend refers to the report that has been produced today. As he knows, a significant point in it is that there is not currently sufficiently good connection between offender management that takes place inside custody and that that takes place outside. As he will also recognise, our transforming rehabilitation proposals intend to close that gap, so that offender management involves the same provider from the closing months of someone’s custodial sentence, through the gate and out into the community. Transforming rehabilitation will start to address exactly the points that this report raises.”
“The first thing the House should know is that all 13 are Labour police and crime commissioners. Whatever party they come from, it is very important that we work with police and crime commissioners and that all providers who will be doing this work do so too. For that reason, we will ensure that police and crime plans from every area of the country will be clearly available to providers, and we will expect them to co-operate not just with police and crime commissioners but with a whole range of other local partners too.”
“I agree with my hon. Friend. He does not need to take my word for it as the previous Government tried to do that as part and parcel of the public sector budgets and failed to do so because they determined that it was unaffordable.”
“I cannot give a date to the right hon. Gentleman. Both my right hon. Friend and I have met NAPO leaders before and are happy to do so again. What we will not do is pause the process in which we are engaged because the members of those trade unions would like some certainty over their own futures, and we think that is important, which is why we must get on with this process.”
“We recently announced funding of £29 million over three years for restorative justice, at least £22 million of which is going to police and crime commissioners for victim-initiated and pre-sentence restorative justice services. The remainder is being used to boost capacity so that good-quality restorative justice is available at all stages in the criminal justice system.”
“As my hon. Friend says, the Sycamore Tree project is already available in some 75 prisons. I certainly support what my hon. Friend says about the good work it does, as was showcased at the excellent event she hosted last week, which I had the pleasure of attending. I will certainly meet her to discuss it further.”
“The national probation service will continue to use the probation qualifications framework to ensure the competence of its staff. For the new community rehabilitation companies there will be a contractual requirement to have and to maintain a work force who have appropriate levels of training and competence. On 3 December we announced that we will be setting up a new probation institute that will promote the sharing of good practice to those working across the probation profession.”
“We are contributing some £90,000 towards the cost of setting up the probation institute. The remainder will come from the Probation Association and the Probation Chiefs Association. I am grateful to them and to the probation trade unions for working together so successfully to bring forward the proposal, which we entirely support and which will help to underline the professionalism and continuing professional development of those who work in rehabilitation.”
“When a literacy need is identified on arrival in prison, prisoners are offered teaching and support as a matter of priority. In 2014 we are introducing increased assessment for prisoners, including reading skills, to ensure that we maximise the benefits of the literacy support that is available.”
“I think my hon. Friend refers to a quote that is specifically about the youth estate, but he is absolutely right that education is just as important in the adult estate. Too many prisoners cannot read and write properly, which means that their chances of securing employment on release are much reduced. Under our reforms of rehabilitation, we will expect providers to ensure that someone is supported not only through the gate, but in the community for at least 12 months. One of the best ways of supporting them to stay free of crime is to make sure that they get employment, so I would absolutely expect them to be interested in literacy as well as many other things.”
“I am not sure I can live up to the expectations, Mr Speaker. We have run a registration process for smaller providers to maximise the opportunities for them to be involved in the competition, and we awarded £150,000 to the Association of Chief Executives of Voluntary Organisations to help the voluntary sector and mutuals to compete for contracts. We will embed good market stewardship principles in the system so that there is fair, reasonable and transparent treatment of all those involved in the direct and indirect provision of services.”
“I understand the point my right hon. Friend makes: it is very important that we reduce bureaucracy wherever we can. I know he has experience of this from his time in government. It is also important that we support those small, voluntary organisations when they show an interest and then support them through the contract-bidding process and contract management. My right hon. Friend will be reassured to learn that there is already considerable interest in the voluntary sector: some 550 voluntary organisations have already expressed their interest in participating.”
“What the hon. Lady says is very interesting and we will look at the details. She is of course right that it has a huge impact on young people when one of their parents serves time in custody. There is a knock-on effect on the likelihood of those young people going on to commit crimes themselves. Shockingly, something like 60% of young men who have had a parent in custody go on to commit crimes themselves. She is right to make that link and we will look at what she has said.”
“I always try to accept my own Department’s figures, but I think my hon. Friend will accept that it is always in the minds of sentencers to try to avoid sentencing female offenders, in particular, to custody. As he will agree, however, that is sometimes unavoidable, which is why we need to provide the necessary places in the female custodial estate.”
“We will certainly look at that. May I say that it has been particularly helpful to receive submissions on the matter from my hon. Friend, who has been closely engaged in arguing on behalf of his constituents? Of course, if a suitable alternative venue can be found, we will co-operate with that.”
“Well, this question is familiar to me. The answer is 10,789—I think that figure is heading in the right direction although there is a lot more to do. My hon. Friend is right to say that the Government’s clear intention is to return all the foreign national offenders we can back to custody in their own countries. That requires compulsory prisoner transfer agreements of the kind that we are negotiating and that Labour failed to negotiate.”
“This, of course, was the option taken in Mr Anabah’s case. As the hon. Lady also says, another option open to the court is the hospital direction under section 45A of the Mental Health Act 1983. This disposal was introduced in 1997, but at that time, as she said, could be imposed only on offenders with a diagnosis of psychopathic disorder. This, of course, is not the case now, because the Mental Health Act 2007 abolished the separate categories of mental disorder. Accordingly, since the 2007 Act was commenced, offenders with any form of mental disorder can be dealt with by means of the hospital direction. That option was therefore available to the court sentencing Mr Anabah—but not one that the sentencing judge decided to take.”
“Offenders sentenced to hospital orders are detained for as long as they require treatment in hospital; there is no minimum period to be served. In making a hospital order, the court is making a clear decision that the offender should be diverted into the hospital system for treatment and not be punished in the criminal justice system. When making a hospital order, the higher courts may also impose a restriction order, which requires evidence that additional controls are necessary for the protection of the public from serious harm. The restriction order gives my right hon. Friend the Secretary of State for Justice controls over the offender’s access to the community and the level of security in which the offender is held. In exercising these powers, priority is always given to the protection of the public.”
“As she made clear, the management of mentally disordered offenders is a complex area, and it can be difficult for victims to understand why individuals convicted of very serious offences are not serving long prison sentences. However, as she also knows, it has been the policy of successive Governments that mentally disordered people who commit offences should receive treatment for their disorder in hospital. When presented with medical evidence that a convicted offender requires treatment in hospital under the Mental Health Act 1983, the courts have wide discretion to deal with the case as they consider appropriate under the circumstances. As the hon. Lady says, one option is to impose a hospital order, which diverts the offender from the criminal justice system.”
“I congratulate the hon. Member for Islington South and Finsbury (Emily Thornberry) on securing this debate and on the way she has presented the case on behalf of her constituents. As she says, she and I have corresponded about the case of Benjamin Anabah, whose victim was the sibling of her constituents, who I know are here to hear what she had to say on their behalf. I, too, want to record my deepest sympathies for them, for all that they have been through. As the hon. Lady said, Benjamin Anabah is now subject to a restricted hospital order. It might help if I say a word or two about the broader issues she has raised about the sentencing regime in such cases.”
“Guidance issued to the courts—the hon. Lady made reference to it—that has been endorsed by the appeal courts is clear that a hospital direction will be indicated if the offender presents a risk to the public for reasons above and beyond the mental disorder. None the less, courts must look, as I say, at the full circumstances of the case and form their own view of the most appropriate sentence.”
“Yes, I agree. That is exactly the effect of a section 45A direction. I can entirely understand why that is, of course, a preferable option from a victim’s point of view. I would repeat, however, that it is for the individual sentencing judge, who must be cognisant of those options—I shall come back to the hon. Lady’s point about guidelines—to decide what the most appropriate sentencing choice should be in each circumstance. It is difficult for all of us to second-guess the decision that the sentencing judge made, so long as he or she was fully cognisant of the options before him or her. As the hon. Lady says, it is quite right that, if the offender recovers to the extent that treatment is no longer required under a section 45A direction, the individual will be returned to prison until the sentence is concluded.”
“Victims who opt in to the victim contact scheme for victims of serious sexual and violent offences will be told if a mentally disordered offender is being considered for discharge, and have a statutory right to make representations about any conditions that they wish to be imposed on the discharge for their protection, such as exclusion zones or “no contact” conditions. I understand that the hon. Lady has concerns about the community leave part of those orders, and I want to say a few words about that.”
“Despite current financial restraints, as part of our commitment to supporting the most vulnerable victims and witnesses of crime, the Government are spending £2.75 million on individuals bereaved by murder and manslaughter in 2013-14. The national homicide service, which was set up in 2010, provides families bereaved through homicide with tailored and intensive one-to-one support for as long as they need it. Over 4,000 people have been supported since the homicide service began operating in April 2010, with many of those still being supported. More generally, the new victims code published on 29 October sets out the information, support and services victims of crime can expect to receive from criminal justice agencies in England and Wales at every stage of the process.”
“While, tragically, risk can never be entirely eliminated, either in relation to offenders released from a prison sentence or offenders discharged from a secure hospital, the system of diversion generally works well in protecting the public, including victims, from further harm, but I again acknowledge that uncertainty about the length of time an offender will be detained can cause anxiety and distress to victims. Victims of serious sexual and violent offences who choose to opt in to the victim contact scheme have a statutory right to make representations about any conditions of discharge that should be imposed for their protection, and will be told once discharge has taken place. In addition to the provisions of the victim contact scheme, much work has been done to improve the support that those bereaved by homicide can access.”
“In establishing the tribunal, Parliament imposed on it a statutory duty to discharge a patient if it is not satisfied that the criteria for detention in the Mental Health Act 1983 are met. I understand the point the hon. Lady makes about repeated referrals back to the victim when tribunal hearings become necessary, but I am sure she will understand that it is important that the tribunal keeps a watch on detention to make sure it does not take any longer than it should.”
“I understand that victims of all offences, and in particular those that involve the loss of life, may find it difficult to accept that an offender is not being punished for the offence committed. I also acknowledge that uncertainty about the time that will be spent in hospital for treatment can cause anxiety and concern, but when the courts have made a clear decision to divert the offender to a psychiatric hospital for compulsory treatment, it follows that the offender may be detained only for as long as treatment is needed. It would be quite wrong to detain people in psychiatric hospital for any longer than their mental health requires. The independent Mental Health Tribunal is, therefore, an important safeguard against arbitrary detention.”
“As she says, some guidance is already in existence, but we will look at whether we can improve the guidance, particularly to prosecutors, who are there to advise the sentencing judge on his or her sentencing options. I should say that offenders subject to hospital directions receive the same type of treatment as those detained under hospital orders. This will usually include medication and psychological therapies as well as interventions to address other risk factors such as substance use. The difference is that the offender can be sent to prison should they recover to the extent that treatment in hospital is no longer required. In 2012, courts made 290 restricted hospital orders and 14 hospital directions.”
“I understand the hon. Lady’s point about the guidance. I hear what she says about guidance to prosecutors—and I will, of course, see whether we can improve it. On this case, however, it is difficult for either the hon. Lady or me entirely to second-guess the judgment of the sentencing judge, but I would have thought that the judgment that really needs to be made in such cases is whether the offence is a direct result of the mental illness, in which case a hospital order might be appropriate, or whether the defendant is culpable for the criminal act but also has a mental disorder that could be subject to treatment, in which case a hospital direction might be more appropriate. I understand her point about the guidance.”