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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“We think that a combination of approaches will work best. We think that the probation service has particular skills in dealing with the most dangerous and high-risk offenders, so we want to give it the opportunity to concentrate on those offenders. We also think that there is a huge range of innovation and good ideas among bodies of all sorts, in the voluntary sector as well as in the private sector, and we want to bring those ideas to bear on what has been an extremely intractable problem—driving down reoffending rates.”
“I can give my hon. Friend that assurance. She is right to say that reoffending rates are far too high; 50% of those released from custody reoffend within 12 months. That is unacceptable, and people within the probation service know that. We need to bring those rates down, and the best way to do so is to unlock the innovation I spoke about a moment ago and to have a system where, if people succeed in driving down reoffending rates, they receive the maximum reward and if they do not, they will not.”
“Yes, I agree with my hon. Friend. He puts his finger on a big gap in the system up to this point in that those offenders who receive a custodial sentence of 12 months or less receive very little or no supervision at all. It is very important that they should, because that is the group with the highest rates of reoffending. Some 60% reoffend within 12 months. We need to address that and we will do so.”
“The hon. Lady will not be surprised to learn that I do not agree with her. This is an important and urgent reform. She must recognise that every single year 600,000 offences are committed by people who have previously committed an offence. Until we start to address reoffending effectively, that number will not come down and we will not avoid the creation of tens of thousands of new victims every year. That is why this is urgent. As far as I understand the position of the hon. Lady’s party, she agrees that reoffending rates are too high, that something must be done about that and that there is a problem with the group with sentences under 12 months, yet we hear nothing from her about what she would do about that if it was not what we propose to do. If she has an alternative, let us hear it.”
“Under our “Transforming Rehabilitation” reforms, every offender released from custody, including those sentenced to less than 12 months in custody, will receive statutory supervision and rehabilitation in the community. We are also putting in place an unprecedented nationwide through-the-prison-gate resettlement service, whereby most offenders are given continuous support by one provider from custody into the community.”
“The hon. Gentleman is right: education is extremely important, especially for offenders who have very low levels of educational attainment before going into custody, of whom there are many. We are working on that. More prisoners are now doing education courses—more this year than last year. Of course, it is also important that prisoners go to work while they are in custody, and more hours were worked last year than the year before. I hope very much that that trend will continue.”
“The hon. Lady will understand that there are restrictions on the types of work that can be offered in a custodial environment, but there are jobs that will contribute to prisoners’ qualifications and experience. However, there is a wider point, which is that, for a great many prisoners, who simply have no experience of the world of work, the softer skills they need to be employable—working in a team, getting up in the morning and going to work for a full day—are valuable, too, and we will seek to extend those skills as far as we can.”
“Part of a prisoner’s induction involves screening for literacy needs, and where such needs are identified, prisoners are offered teaching and support as a priority. Improving prisoners’ literacy is a key objective of the learning and skills service in custody. Improving literacy skills means that a prisoner has a greater likelihood of getting and holding on to a job when released, which helps to reduce reoffending.”
“I agree with my hon. Friend. He is right to cite the Shannon Trust. Its Toe by Toe project is an extremely good example of what we are discussing. We will help it in any way we can. I hope that he will hear a little more about that over the rest of the summer. The important changes we have made to the incentives and earned privileges scheme go beyond simply what we may take away from prisoners; they are also about the incentives we give them to help other prisoners. In order to reach the enhanced level of the scheme, a prisoner will have to help someone else in prison. That is a good opportunity for more mentoring and more learning coaching of the type he describes.”
“I am certainly in favour of anything that can be demonstrated to assist in reducing reoffending, but there is another test that needs to be applied: a public acceptability test. The public have certain expectations of what should and should not happen in prison, so we need to apply that filter, but I am certainly interested in imaginative ideas that will help to drive down reoffending rates.”
“I understand the hon. Gentleman’s point. I think it is important to learn from good practice wherever it happens across the United Kingdom, and we will continue to try to do that.”
“My hon. Friend is absolutely right that that is the right objective. We have negotiated a compulsory prisoner transfer agreement with Albania, which is a high-volume country. That was concluded in January. We are making better use than ever before of the European Union prisoner transfer agreement. My hon. Friend will be pleased to hear that some 200 cases are currently processing through that method. We will remove as many as we can because, as my hon. Friend has heard me say before, the right place for foreign national offenders is their own country, not ours.”
“My hon. Friend will be pleased to hear that the incentives and earned privileges scheme will operate in all our prisons from 1 November. It will mean that prisoners have to earn their privileges by doing more than just keeping their nose clean, and by engaging in their own rehabilitation. That is good for combating reoffending, and is the sort of process that people would expect to happen in our prisons.”
“It was a statement that Opposition Members had called for repeatedly, but the shadow Secretary of State was not here for it. Neither was he here the last time we had questions on justice matters, when we covered a range of important issues, including legal aid. I am sure we would not want to read too much into that, just as I am sure Opposition Members would not want to read too much into the Secretary of State’s absence today. As hon. Members have said, he will be appearing before the Justice Committee next week to discuss this very matter.”
“May I start, as others have, by declaring an interest, as a non-practising barrister? I practised in the field of criminal law and a great deal of what I did was legal aid work. I congratulate the hon. Member for Brent Central (Sarah Teather) and the right hon. Member for Tottenham (Mr Lammy) on securing this debate, which has been a very good, and understandably passionate, one. Having listened to a good deal of mock outrage from Opposition Members about the absence of the Secretary of State and their being stuck with me—I am trying not to take it personally—it is worth my reminding them of two previous occasions when we have discussed matters of great importance in the context of justice policy. The last statement in this House on a justice matter was about the rehabilitation reforms.”
“Alongside those changes, we have made sweeping reforms to the central administration of the legal aid system. We have strengthened accountability and introduced a more rigorous approach to financial management by creating the Legal Aid Agency. But the successful delivery of that programme has not eliminated the need for reform. In order to meet the ongoing financial challenges facing the justice system, which many who have spoken have recognised, the Government have had to look again at the cost of civil legal aid, as well as turning their attention to arguably the most difficult part of the legal aid reform agenda: the reform of criminal legal aid.”
“I note that the right hon. Gentleman did not take the opportunity to share where he was the last two times, but I suggest that we might want to move on. This is an important debate, as hon. Members from all parts of the House have said. Before I try to respond to a number of the specific points made—the House will understand that the time constraints we face mean that I will not be able to respond to everything, and I apologise for that in advance—let me say something about the context of these reforms. It is right to say that the previous round of legal aid reforms, culminating in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, will have already removed about £320 million from the legal aid budget by 2014-15, but those proposals were primarily focused on civil legal aid scope and eligibility.”
“Efficiencies have to be made, and reform is the mechanism for achieving them.”
“They have a right to ask why the taxpayer should be paying the legal costs of the very wealthiest Crown court defendants up front; why the taxpayer should be paying for criminal legal aid for claims made by prisoners that can be better resolved by other means—I will return in a moment to prisoner law— and why the taxpayer should pay the legal costs of those with no strong connection to the UK. As others have said, our legal aid budget is disproportionately high. My hon. Friend the Member for Bromley and Chislehurst (Robert Neill) made that point very effectively. We have an extremely good legal system—it is greatly admired and, as others have said, it contributes significantly to our society—but that does not mean that it should be immune to the realities that the Government face.”
“Friend the Member for Brent Central said, I can reassure the House that I and my ministerial colleagues will treat everything said in this debate as important contributions to that process. We will listen carefully to what has been said today as well as to what was said in the consultation. We are duty bound to ensure, however, that taxpayers’ money is spent only where it is justified and only on those who genuinely need the state’s assistance. The taxpayers, who fund the legal aid scheme, have every right to demand that their money be well spent and to ask important questions.”
“Members for Hackney South and Shoreditch (Meg Hillier) and for Leeds North West (Greg Mulholland). All of them were right about the importance of looking at other areas. I think we heard some good suggestions today, and of course the Government will look in all those areas for savings, too, but that does not get us away from the need to keep the legal aid budget under proper scrutiny. The package of proposals on which we have consulted is intended to ensure that our legal aid system commands the confidence of the public—that is important—and remains financially viable both now and in the years ahead. We are looking carefully at the 16,000 responses to the consultation, and, with reference to what my hon.”
“The answer is simple: criminal legal aid accounts for £1 billion of the overall legal aid budget, and in the current financial climate, the Government, being committed to eradicating the deficit and the national debt, cannot overlook such a sizeable portion of Government spending. We have had to make extremely tough choices in other areas, and it would not be right to exclude this one. Many hon. Members have said that we should look for savings in other areas of the criminal justice system. My hon. Friend the Member for Meon Valley (George Hollingbery) made that point, as did my hon. Friend the Member for Dewsbury (Simon Reevell), my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), my hon. Friend the Member for Waveney (Peter Aldous) and the hon.”
“The position is, as I have just said, that the bulk of the work done under the 2012 Act dealt with civil legal aid and the bulk of the work being done under these proposals will deal with criminal legal aid. The total value of the savings that these reforms would make if fully implemented as currently proposed would be £220 million by 2018-19. That is a significant figure, given our financial circumstances. Many hon. Members have questioned the need for further reform, while others have said we should go much further. My hon. Friend the Member for Huntingdon (Mr Djanogly) made an interesting speech about more radical options we could pursue.”
“The Legal Aid Agency will need to ensure, as part of the tendering process, that all providers are capable of delivering the full range of criminal legal aid services across their procurement areas. That is also true in relation to the points raised about rural sparsity and about the Welsh language. We have a number of things to consider, and we will consider them carefully. We will come back with our conclusions in the autumn. I am grateful that the debate has taken place today and for all the contributions that have been made. We will consider them properly and respond accordingly in the autumn.”
“So he criticises us for not doing it, then he comes here and criticises us for proposing to do it. Another point that has been made repeatedly today is the effect that the proposals could have on smaller firms. I need to make it clear that the proposed competition model would see the number of contracts, not the number of firms, reduced from 1,600 to 400. Our proposals do not prescribe how many lawyers should be available or how those that have the contracts should divide up the work allocated to them. The matter of client choice has also been raised by many hon. Members today. We have listened carefully to the concerns that have been raised not only in the debate but by those who responded to the consultation. Let me reassure the House that quality-assured duty solicitors and lawyers will still be available, just as they are now.”
“Therefore we believe a future tendering process would ensure a more consolidated market, with a smaller number of more efficient suppliers, required to undertake the full range of the services we need.” That is what the Labour party thought in 2010, and lest we should run away with the thought that it has changed its view since then, let me quote from what I am sure is a very well-read blog written in October 2011 by the right hon. Member for Tooting. He said—as, to be fair, he also said today—that: “I recognise that cuts need to be made…I would have carried through a new scheme for contracting of solicitors for criminal legal aid and lowered criminal defence advocate fees in the Crown Court…This more efficient contracting of legal services from solicitors has bizarrely not been implemented by the coalition government”.”
“Indeed, the right hon. Member for Tooting (Sadiq Khan)was gracious enough to point out that the idea was first considered under his Government. In March 2010, the last Government produced a Green Paper entitled, “Restructuring the Delivery of Criminal Defence Services”. Among other things, it said: “Currently the criminal defence service is highly fragmented, with a large number of small suppliers and relatively few large suppliers….We believe that these market trends are not sustainable.”
“The right hon. Gentleman is right that very high-cost criminal cases are an important area for us to focus on, and we propose to take about 30% of the cost of those cases out of the system, but he would be wrong to assume that those cases, on their own, could achieve the savings we need to make. We need to look more broadly. I want to turn to the particular proposals and concerns that hon. Members have concentrated on. Many Members have focused on the effect of the proposals on smaller firms and on the issue of price competitive tendering. In 2011, we said that competitive tendering would likely be the best way to ensure long-term sustainability and value for money in the legal aid market. Some Members were concerned that this was a new idea suddenly springing into the political landscape, but of course that is not the case.”
“I am glad that we have had the chance this morning to discuss the work of Invisible Walls and the wider context of offender management. No one imagines that changing entrenched patterns of offending is a simple matter, but the Government firmly believe that the measures we are putting in place will help to achieve a fundamental transformation, with enormous and lasting benefits for our society.”
“Currently, 50,000 offenders each year are sentenced to custody for less than 12 months, and we anticipate that the majority of them will serve their entire sentence in a resettlement prison designated to their area. That means better continuity of supervision and rehabilitation services, as well as better family links and a network of prisons more specifically catering for the needs of that cohort of offenders. Resettlement prisons are one strand of a comprehensive strategy of reform that seeks to tackle all aspects of reoffending. Invisible Walls displays the scope that exists for a wide range of organisations from the public, private, voluntary and community sectors to bring their skills to bear in enabling offenders to change their lives.”
“It has long been recognised that closeness to home is an important factor in an offender’s resettlement process, and our reforms will strengthen existing rehabilitation services by drawing on the best the market has to offer and combining that with access to offenders at the start of their time in custody, and again before release. It might not be possible for certain longer-sentenced prisoners to stay in a local prison for the entire duration of their sentence because of needs attached to their sentence that can only be met elsewhere, but we intend that they be returned to a local prison for the few months leading up to their release.”
“By opening up probation to a wider range of providers, we can bring additional skills and ideas into play, and the national probation service will retain its key role in managing risk, including the direct management of higher-risk offenders. The reorganisation of probation, and the creation of 21 new contract package areas, has presented us with an opportunity to consider release alignment. That is very much along the lines of what the hon. Lady was describing, regarding the continuity of approach that we all wish to see.”
“Invisible Walls received additional funding from the Big Lottery Fund in 2012 to expand the scheme from its original design, and that is an example of the sort of creative thinking we need if we are to make the big difference to reoffending that I spoke about earlier. The hon. Lady was right to point out that formal assessment of the project will not be complete until 2015, and we will carefully consider that assessment when it is available, but I hope that she can take it from what I have said today that we do not intend to wait for 2015 to see a number of elements of the project replicated in other places.”
“As she would expect, we have regular conversations about all the issues, and I will ensure that that project features in them, so that everyone, on both sides, is fully informed. Part of the thinking behind the project is the need to move away from an inward-facing prison culture to an outward-facing approach, with strong partnership relationships with outside agencies, and that is precisely what our through-the-gate reforms are designed to achieve. What we can see going on in Invisible Walls is a good indication of the sorts of things that can work well elsewhere in the country too.”
“Where we can arrange it, the support begins 12 months before an offender is released from prison and, crucially, continues during their first six months in the community. It therefore reflects very much what we have in mind for the system in the future, not just at Parc but elsewhere. HMP Parc is operated by G4S, which set up the project in 2009 and, as the hon. Lady said, a number of outside agencies are now involved as well. She also referred to the invitation from Invisible Walls to schools in the Bridgend area to work with them to offer discrete and sensitive support to children with a parent in the prison, and she asked me to ensure that the Ministry of Justice has regular contact with the Department for Education.”
“Research has shown that ensuring that a prisoner keeps in contact with his or her family while in prison has a direct effect in reducing the likelihood of reoffending. Some 7% of children in the UK will experience having a parent in prison before they leave school, and research shows that positive and regular contact with the imprisoned parent significantly improves a child’s outcomes, not only in school and at home but in later life. An interesting aspect of what goes on at Parc is that prisoners are assigned a family integration mentor—FIM—who, as the hon. Lady knows, supports them and their family during the custodial period, and through the gate, into the community. The FIM links with other mentors, who help the offender and the family to address problems.”
“As has often been observed—not least this morning—prisoners frequently have a wide range of complex interrelated problems that need to be addressed as part of a rehabilitation programme, and Invisible Walls helps offenders to find accommodation, employment, training, education and volunteering opportunities. As the hon. Lady says, the programme promotes physical and mental health—by addressing substance misuse for example—helps offenders to manage their finances, and manages offenders’ attitudes, thinking and behaviour, to give them the motivation to begin afresh. The main focus of the project is on reducing reoffending and preventing prisoners’ children from turning to a life of crime by strengthening family ties.”
“She rightly highlights what I think we all agree is a shocking statistic: six out of 10 boys with a convicted parent end up in custody themselves. The project involves an extensive programme of support to assist offenders to repair, develop and maintain healthy relationships while in custody, and the support continues after release. Prisoners who may be eligible to receive support are those who have no restrictions on contact with their children, and who will be resettling with their families in south Wales when they leave custody. That gives rise to the point about continuity.”
“We will support the service by ensuring that most offenders are held, for at least three months before release, in prisons designated to their area. The hon. Lady asked me to consider how we might extend that period. It would, of course, be desirable to have the longest possible period of stability during a sentence, and she will be reassured to know that we hope that many people, particularly those sentenced to periods of 12 months or shorter, will be able to spend the entirety of their sentence in a local prison, which will enable precisely the sort of work we are talking about to go on with them. The hon. Lady described how the Invisible Walls project seeks to help prisoners at Parc to avoid reoffending, and it also addresses the genuine risk that those prisoners’ children may themselves be drawn into crime.”
“We will also introduce payment incentives for market providers to focus relentlessly on reforming offenders, giving those providers the flexibility to do what works, along with freedom from bureaucracy, but paying them in full only for genuine reductions in reoffending. We will create a new public sector national probation service, working to protect the public, and building upon the expertise and professionalism that are already in place. Of particular importance, and of particular relevance to what we are discussing, is that we are putting in place an unprecedented nationwide through-the-gate resettlement service, which means that most offenders are given continuous support by one provider, from custody into the community.”
“Lady will be aware, on 9 May we set out our plans in “Transforming Rehabilitation: A Strategy for Reform”, which took account of the comments received in response to the consultation paper that was published in February. The document sets out that, for the first time in recent history, every offender released from custody will receive statutory supervision and rehabilitation in the community. We are legislating to extend statutory supervision and rehabilitation to all 50,000 of the most prolific group of offenders—those sentenced to less than 12 months in custody. The market will be opened up to a diverse range of new rehabilitation providers, so that we get the best out of the public, voluntary and private sectors, at local as well as national level.”
“The current system simply does not address the problem in the way we want, and many prolific offenders, with a host of complex problems, are released on to the streets with £46 in their pockets and little else, so the case for a new approach is clear. We spend more than £3 billion a year on prisons, and almost £1 billion annually on delivering sentences in the community. Despite that investment, overall reoffending rates have barely changed over the past decade. The same faces come back through the system time and again, because most crime is committed by that relatively small number of prolific offenders. If we enabled them to turn away from crime, we could make a real difference. As the hon.”
“We can do much more to reinforce the downward trend, so that people can feel safe wherever they may be, at any time of the day or night. As the hon. Lady pointed out, the key is to tackle reoffending by taking bold and effective steps to rehabilitate offenders—assisting, encouraging and guiding them away from crime into new, worthwhile and productive ways of life. That is precisely the intention of the Invisible Walls project at HMP Parc. It is worth saying that that matters because reoffending has been too high for far too long. Almost half of all offenders released from prison offend again within 12 months, and those with the very highest reoffending rates are prisoners with custodial sentences of less than 12 months. A staggering 58.2% of those released in the year to June 2011 reoffended within 12 months.”
“I congratulate the hon. Member for Bridgend (Mrs Moon) on securing this debate. On behalf of Her Majesty’s prison Parc and all the staff who work there, I thank her not only for how she made the case for the Invisible Walls programme, but for her support over a much longer period. The debate highlights an issue at the forefront of the Government’s plans to transform the criminal justice system. The hon. Lady and I will be glad, as I am sure you are, Mr Caton, that crime has been coming down for some time. The overall level of crime recorded by the police decreased by 8% in the year ending December 2012, compared with the previous year. Such figures are encouraging, but they are not grounds for complacency.”
“Friend will understand, an operational matter for the police. I understand entirely what he says about the need to send the clearest possible message to the police about taking these matters seriously. We need to work with officers to ensure that they have guidance and training about cases involving match officials, so that those cases are treated in a way that properly reflects the harm such cases can cause. I am afraid to say to my hon. Friend that there is no magic solution to the problem that he has rightly highlighted. I think he recognises that. I accept that we need to work together to raise awareness and to ensure that the system we have works better. We need to ensure that we signal that violence against match officials is wholly unacceptable and will not be tolerated. Question put and agreed to.”
“Sentences must be proportionate to the offending behaviour, and the guidelines help to ensure that the courts sentence in a proportionate and consistent way. The maximum penalty is set to deal with the worst possible case for each offence. The maximum is, therefore, rightly rarely used. Violence and threats towards match officials may be regarded as an aggravating factor, but should not be looked at in isolation as meriting the most serious possible penalty. It needs to be seen alongside all the other aggravating and mitigating factors in a case. The third strand that emerges from the cases we have heard about this evening is how the police react in cases of violence against officials. That, I have to say, is partly a matter for my right hon. Friend the Home Secretary, but it is largely, as my hon.”
“The guidelines help to determine the seriousness of the offence by reference to the harm that the offence has caused, and to the culpability of the offender. Those factors can mitigate or aggravate the potential sentence. For example, in the case of assault, factors given in the guidelines as increasing the seriousness include the location and timing of the offence, and the community impact. General guidelines on the seriousness of any offence also include aggravating factors such as whether the victim is serving the public. That might arguably include functions such as refereeing a football match, as my hon. Friend does on a regular basis. People often ask, not just in this context, why the maximum possible penalties for offences are not imposed more often.”
“Friend has raised; instead, I will concentrate on how the courts arrive at their decisions. The courts have guidance in the form of guidelines issued by the independent Sentencing Council. Courts are obliged to follow the guidelines or to explain why, exceptionally, they are departing from them. The guidelines are therefore rather stronger than the term “guidelines” might suggest. There are guidelines covering the general seriousness of an offence, and specific guidelines on offences of assault, and they can be found on the Sentencing Council’s website. As with offences, I do not think that it would be helpful to have specific guidelines that applied only to football referees, or even to sport in general. They must apply across the board.”
“The penalties available range from a maximum of six months’ imprisonment for common assault to a maximum of life for wounding with intent to cause grievous bodily harm. The police and the CPS have a full spectrum of offences that can be charged, and severe maximum penalties are available for those convicted. Within those sentencing powers, it is for the courts to decide what the penalty should be in individual cases. The courts have the full facts of the case before them, and they can make an informed judgment about the overall seriousness of the incident. Sentencers are trained and experienced in arriving at appropriate penalties, and it would be wrong for any of us, particularly Ministers, to try to substitute our judgment for that of the court. I will not therefore comment on the individual cases that my hon.”
“The law must be seen to apply equally and consistently to everyone, and we would therefore need at least to deal with violence at all sporting events. We already have adequate offences, sentences and procedures in place that apply across the board, and ample guidance to help to ensure that they are applied consistently. With that in mind, let me first explain the offences available. There is a range of offences that the police and the Crown Prosecution Service can use in the case of a violent incident of any kind, including when the violence occurs in a sporting context. These range from common assault through to actual bodily harm and to grievous bodily harm, and ultimately to manslaughter and murder.”