Live Justice Questions House of Commons


Live Justice Questions

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Good morning and welcome to live coverage of the Commons. Alistair

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Carmichael will be asking an urgent question concerning the UK's

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membership of the European Convention on Human Rights. The main

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business in the Chamber is continued debate on the Government's Policing

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and Crime Bill. It allows Police and Crime Commissioner is to take over

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responsibility for Fire And Rescue Services in England and Wales. Join

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me for a round-up of the day in both Houses of Parliament at 11 o'clock

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tonight. First, questions to the Secretary of State for Justice,

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Michael Gove and his ministers. First question today from Jeff Smith

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concerns that provision within the criminal justice system for people

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with mental health issues. Order, order. Questions to the

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Secretary of State for Justice. With your permission I would like to

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group this question with numbers ten and 14. Mental health is taken

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seriously across the criminal justice system. Mental health

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services are commissioned by NHS England and local health boards in

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Wales and are based on locally assessed need. We are working with

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health partners to improve services in both custody and in the

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community. Liaison and diversion services are important to ensure

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ensuring people with mental health issues get the help they need and

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the expansion of the programme is welcome. Half the country isn't

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covered and there has been a long way for the business cake to -- case

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to get to 100%. Can she confirm when all areas expect to have liaison and

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diversion services in place? We have developed liaison and diversion

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services in agreement with other departments. Through this system

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clinicians access and referred those that have mental health needs to the

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treatment they need. This happens at the earliest possible contact with

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the criminal justice system. It is working very well. It is a joint

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Government programme which is why I would like to see it rolled out at

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its earliest convenience. We will keep the honourable gentleman

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updated. The mental health charity, Mind, they have said there is impact

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on their ability to access justice. The refusal to conduct a full review

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into the effects of their harsh legal aid cuts and the damaging

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effect they are having on the most vulnerable. He will know we are

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spending ?1.6 billion which is one of the most generous legal aid

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systems in the world. It is right that vulnerable people should be

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supported through the criminal justice system and at every point of

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access into the justice system. That is why the judiciary are trained to

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be able to assist them and the changes to the court system will

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support this. There has been an increased number of survivors of

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domestic abuse who forced to represent themselves in the family

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courts as litigants in person. A survey found 25% of the woman had

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been directly questioned by their perpetrator in court. The mental

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distress caused to a woman being cross-examined by their perpetrator

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who may have beaten and raped them is undoubtedly causing mental

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distress. What is the minister doing to improve access to legal aid for

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victims of domestic abuse as the current system is clearly not

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working? She is right to raise this issue. The Government is committed

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to supporting all vulnerable and intimidated witnesses, especially

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those that have been subject to a domestic abuse and give them the

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best evidence and to see the offenders are brought to justice. We

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have put measures in place that gave them the ability to give evidence

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via a screen across the court roared -- call room, via a video link or a

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location away from the core building. Following the Court of

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Appeal's judgment, we are taking immediate action to change our

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arrangements and we are now more than doubling the original

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time-limit of evidence from two to five years for domestic violence and

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also looking into financial abuse as well. Could the Minister outline how

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the Government's prison reform plans by giving or greater autonomy to

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prison governors will be able to tailor mental health help for the

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benefit of all prisoners? We are moving towards full co-commissioning

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of mental health services for governors and NHS in England. Prism

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readers can have more say in defining the kind of services that

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prisoners need and how the available budget is used. This will begin in

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reform cousins and it successor will apply nation wide from 2017.

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Rehabilitation and treatment will be at its very core. The criminal

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justice systems, Kay enough, whether you have mental health issues or

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not. Will the Minister ensure that for victims of crime who have mental

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health issues, they are given the help they need to submit victim

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impact statements to the court in the proper way? This is fundamental

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supporting people through their individual circumstances and stop we

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are looking at this in the Justice department at the moment. Judges are

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trained to support vulnerable witnesses and victims at every

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stage. The issue between mental health and addiction is, can the

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Minister shall be when these matters are dealt with at court about

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referrals to effective treatment? There was evidence that there were

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some local authorities that did have drug treatment for youth offenders

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but other authorities did not have the provision. Can we ensure there

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is uniform provision for these people? This is a crucial point.

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We're working to bring together my temple -- mental health and drug and

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alcohol treatments at every stage alongside police, courts, prisons

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and probation. This includes making sure appropriate treatments are

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available if they are made as part of sentences with mandated health

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interventions. Charities like the Langley house trust of a specialist

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mental health support to businesses when they -- people when they have

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left prison. They have acquired a property on Milton Street. We do

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support Michael for them to meet with the town council this evening

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to reassure the local community fears and make sure that commuters

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can work together? I would very much like to look at the circumstances

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the honourable lady has suggested. Our transforming rehabilitation

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changes have put in the support that sometimes people whom have short

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circuses have never had before. They may be some sport that the company

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can give on matters well. The jury has given their verdict at the

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inquest into the death of 96 fans at the Hillsborough disaster and today

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is a hugely important day for all those who seek to protect and

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promote justice and in particular our thoughts are with those families

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who have fought for almost 30 years to establish the truth of what

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happened on that day. The number of suicides in prison between 2013 and

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2015 was 53% higher than over the previous two years. It amounted to

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one person tragically taking their life every four days. 40% of those

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who died had been identified at risk under the assessment, care and

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custody and teamwork process. Can the Minister explain why so many

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vulnerable prisoners are not being identified in the first place when

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they are, why so many are not getting the help that they need? The

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honourable lady is right to draw attention to the Hillsborough

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report. Every self-inflicted death in prison is an absolute tragedy and

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we are committing to reduce the self-inflicted deaths in prison.

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There has been no more than there was last year but every single one

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of those is a tragedy. We will overhaul how mental health was

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treated in prison is giving governors are much greater say over

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what services their prisoners need and how the available budget is

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used. It was Labour's inexplicable refusal to introduce waiting times

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as the same time they reduced physical health care which has set

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back the cause of mental health Assembly years. In some cases saw

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people being sentenced to prison in order to access the support that

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they couldn't get in the community. I'm disappointed the Secretary of

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State is insisting at the heart of his missed a real team. I heart -- I

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hope the right honourable gentleman isn't looking uncharacteristically

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in the shadows. We wouldn't want that. I will answer questions two

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and six together. We want prisons to be places of hard work and high

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ambition which is why we will give governors more autonomy and hold

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them to account by publishing employment outcomes for prisoners so

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that we can compare results between prisons. We know how beneficial and

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employment is for the rehabilitation of young adult offenders in

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particular. Can my honourable friend buys the House on specific plans

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that he has two increase employment in this cohort? I know how seriously

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my honourable friend takes this issue and she is right to do so. The

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area I would point her two for young offenders is construction where

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there are huge opportunities. The National Grid young offenders scheme

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has a 10-year reoffending rate of less than 7%. I was with Balfour

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Beatty in a prison in North Yorkshire and they are employing

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young ex-offenders. I can tell how is that we have two non-security

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construction academies comprising dry lining, scaffolding and tumbling

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and I am assured that these last two activities have been risk assessed.

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What it was the representative the honourable gentleman is of this

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Government. Is the Minister aware of outstanding

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pathfinder project in North Wales in my constituency that offers holistic

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support to women offenders in line with recommendations in the Corston

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report. Witty journey in urging the Government tit insurer provision for

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rehabilitation of women offenders, to avoid the cost of thing Caceres

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and from relatively minor offences? I'm very grateful to my honourable

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friend for drunk the house's attention to this rehabilitation

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centre. The Government is committed to supporting vulnerable women to

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turning their lives around. Can I remind the Minister and

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secretary of state that one of the real problems we face - and it is

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wild autism week this week- is that when prisoners go into prison they

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aren't assessed properly. Could we have a system where autism is

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important, many people who go to prison are on the autism scale?

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I'm absolutely delighted to have this issue raised. I can tell the

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honourable gentleman I'm extremely proud the UK has the first autism

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prosody of risen -- autism positive prison. I want to see more prisons

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going and he is right to raise the issue.

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The Minister has two laudable objectives- work in prison and

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reducing offending outside prison. But could he tell me how he intends

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to do that when staffing is under such severe pressure due to the

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number of officers? And when did he intend to produce the guidance to

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governors on reoffending in their own prisons.

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I can tell the right Honourable gentleman that we are carrying on

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recruiting prison officers at full throttle. Last year we recruited 50

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2000. I am optimistic about the employment agenda, as more and more

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employers... Will provide governors with all the guidance they need.

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Will the Minister support employers coming into prisons to offer

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training so that offenders can be better placed to find a job when

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they believe risen, more likely to stay out of prison in future?

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My honourable friend is absolutely right. I can tell him that more and

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more unemployment road shows around the

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country, I mentioned Balfour Beatty, they were in Durham prison last week

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where prisoners were offered jobs. I recently met a Glasgow lady who

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started up her own enterprise introducing reusable sandwich

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wrappers. The manufacturing was done by inmates at, neck prison, a skill

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which helps their rehabilitation. -- Kilmarnock prison. What provision is

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being made to introduce such schemes?

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Self-employment and enterprise are as important as employment. Loans

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can be drawn down and the challenge Day in Durham was also about the

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self-employment rate. I do hope the Minister can insure

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the house that prisoners were given their tunnelling skills after prison

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and not as a means of departure. Have they possibly looked at some

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form of apprenticeship programme within the prisons to give

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vocational skills to those who need them?

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I'm very keen to develop the Avenue my honourable friend takes me down.

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We could certainly look at a traineeship within prisons, which is

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a first step to apprenticeship. I am meeting with officials shortly to

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take the sport. With the Minister hold discussions

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with Justice ministers in devolved legislations so that best practice,

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particularly in prisoners in my constituency can do that productive

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work which leads to lowering reoffending rates?

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I will seek to learn from that best practice. Perhaps the honourable

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gentleman could write to me with details of that, I will certainly

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look at it. Another day, and another critical

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report is published by the Chief Inspector of prisons. This time from

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Lewes prison. Inspectors at Willis found prisoners routinely kept in

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the cells for 23 hours per day. This follows the report at one with

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scrubs, which is described as continuing to fall short of expected

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standards. At time of their inspection, there is little cause

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for optimism -- Wormwood Scrubs. Reoffending rates are at an all-time

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high. The Justice Secretary has been in his job for a year now, and we

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have heard a lot of talk about reform. Isn't it time for him to

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stop talking and start doing something?

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The Government recognises that we have a long way to go to improve our

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prisons, which is why the secretary of state has laid out a full reform

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programme. I went to Wormwood Scrubs last week, and I can tell heard

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there were a number of jobs fair is in the prisons, which lead to jobs.

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There is a good governor there, and we can look forward to improvements.

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I have seen the report on Lewes prison, there are some positives

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there, not least the relationship between the prison and communicate

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reevaluation. reevaluation.

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Speaker, as you can see I have a talented team of ministers. They are

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the equivalent of the Oxlade-Chamberlain, the latter, the

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total of this Parliament, so I am very pleased to be on the subs bench

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for this time. Dame Sally Coates has been leading a review of education

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in prisons. A report made clear that prisoners should be able to choose

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the service that they give. With my right honourable friend

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agree that it is imperative that the conditions of the review...

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I agree with my honourable friend. Leaks may note that as well as being

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a distant which Member of Parliament, he has also written for

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the prisons newspaper on the need to improve education. He has experience

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in music and education, equipping him to make the point. Education

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should not be about just gathering skills, but also opening minds to

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art and culture and new horizons. We have heard that better education

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slows the revolving door between crime and incarceration. Could my

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friend there for update the house on the announcement made by the Prime

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Minister for a teach Ivan first style scheme in prisons?

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One of my former colleagues is leading work along with a formidable

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social entrepreneur who had worked with teach first to establish a new

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charity. The runway more details about both government funding and

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how we propose to recruit a generation of talented graduates to

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work on our prisons. I understand the average age of

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reading among prisoners is just 11. What plans does my right honourable

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friend have to ensure that people, when they beat prison, can read and

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write and be off drugs? The honourable friend strikes at the

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heart of the principal problems prisoners face. It is very often

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that prisoners had had a poor educational experience, one of the

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reasons why they are drawn into criminal activity. We need to screen

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every prisoner when the arrive in custody so we can ascertain the

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skills they have, and judge risen is on the skills that the ad. As for

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the problem of substance abuse, that is a huge problem that we return to.

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Stead's annual report highlighted that learning skills and work within

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the present state of some of the worst available in the sector.

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What's more is the secretary of state doing to ensure that this

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vital part of the rehabilitation of prisoners is brought up to scratch

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as it should be? The chief inspector has been

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brilliant, and he is absolutely right. There is some outstanding

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examples, but sadly too few. One of the problems has been that a small

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group or providers have been responsible for providing education

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in prison, large and inflexible contracts have meant they haven't

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been as responsive to individual needs as they should have been. One

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thing that one change is the amount that we spent on education, that has

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been ring fenced. I would like to check if there are

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any formal links between the prison service itself and the further

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education colleges to develop those apprenticeship schemes we heard

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about earlier? I'm very anxious to expand

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apprenticeships within prison. I been working with the

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apprenticeships minister to do just that. One of the challenges we have

:22:28.:22:31.

is that the current further education providers within prison-

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the do have excellent examples of best practice, it is not the case in

:22:36.:22:43.

every case. Can the Minister assure the house

:22:44.:22:45.

that progress in prisons will form one of the metrics of the new league

:22:46.:22:51.

tables for prisons? My honourable friend is right to say

:22:52.:22:55.

that if we give people greater autonomy, they have to be held to

:22:56.:23:00.

account. It is absolutely vital that they are held to account for

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educational performance and the value they add.

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The Secretary of State's personal commitment to this is clear from

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this excellent article in Inside Time. Will he accept that one of the

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biggest obstacles is the fact that listeners in the current state are

:23:22.:23:26.

locked up for great length of time, and it is difficult to achieve this.

:23:27.:23:35.

Any assurers that new properties will be integral to the review?

:23:36.:23:43.

It is simply not good enough that prisoners are in the cells to 23

:23:44.:23:48.

hours at a time. Time out or sell as a key indicator of how effective a

:23:49.:23:52.

prison is run. Not the only one, but it is very important. I honourable

:23:53.:23:56.

friend is absolutely right to point out that when we think of new prison

:23:57.:24:00.

design we should concentrate on time outside a cell. I visited a prison

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outside of Berlin where prisoners spend much more time outside the

:24:08.:24:13.

cells than in this country. We can learn a lot from the Germans in this

:24:14.:24:20.

case. The Government remains concerned

:24:21.:24:22.

about the number and cost of whiplash claims, in particular the

:24:23.:24:28.

risk of an meritorious claims that push up premiums for customers. We

:24:29.:24:34.

will consult in due course and an impact assessment will be released.

:24:35.:24:46.

The still seems to be no independent confirmation of this fraudulent

:24:47.:24:48.

claim epidemic as the reason to raise claims. What independent

:24:49.:24:56.

evidence has the Minister had for fraud culture? And would it not been

:24:57.:25:03.

more effective to legislate to stop the ambulance chasing claims

:25:04.:25:06.

companies making unsolicited calls rather than deny justice to those

:25:07.:25:09.

who have been injured through no fault of their own?

:25:10.:25:13.

We should certainly address both particular angles. The Chancellor

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has already announced proposals for the right to claim damages for very

:25:18.:25:21.

minor claims and to increase small claims limit to ?5,000, which is

:25:22.:25:26.

important, because that will help us cut the cost of resolving cases.

:25:27.:25:31.

Critically, it will save the insurance industry ?1 billion

:25:32.:25:34.

annually, and they are committed to passing the savings to customers.

:25:35.:25:43.

Does the Minister share my concern that car insurance premiums are ?93

:25:44.:25:46.

per year higher than they need to be, thanks to fraudulent claims, and

:25:47.:25:52.

the claims are orders of magnitude higher than Europe. Will these

:25:53.:25:58.

measures go way to combating this practice?

:25:59.:26:04.

The key thing for us as we move forward to the consultation is that

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all the evidence is to make sure that is proper access to justice.

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But also to make sure we cut the cost to consumers for insurance

:26:13.:26:19.

premiums. If these reforms are so positive,

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why does the Minister think it is that the president of the Law

:26:24.:26:26.

Society is gravely concerned that they undermined the rights of

:26:27.:26:31.

ordinary citizens to obtain compensation for negligence?

:26:32.:26:37.

I think the losses IT protects the pressure at all interests of their

:26:38.:26:41.

members. -- Law Society protects the professional interests. We need to

:26:42.:26:45.

take into account everything rather than just what the lawyers think.

:26:46.:26:47.

take into account everything rather than just what the lawyers think.

:26:48.:26:57.

Given the court has the power to strike out fraudulent claims, why

:26:58.:27:04.

should the majority be penalised because of the potential criminal

:27:05.:27:11.

behaviour of the few? Reforms are precisely aimed at weeding out

:27:12.:27:17.

frivolous or trivial claims, making sure we preserve access to justice

:27:18.:27:23.

for the important claims but at the same time making sure the whole rest

:27:24.:27:30.

of people paying their insurance premiums year in, year out, aren't

:27:31.:27:35.

being penalised by people taking the system for a ride. The Government is

:27:36.:27:44.

committed to making sure we have robust and consistent punishment for

:27:45.:27:47.

those who are killed or seriously injured on our roads. We will

:27:48.:27:51.

consult on further personas oils and we intend to do so later on this

:27:52.:28:06.

year. I ask on behalf of one of my constituents are 21-year-old man

:28:07.:28:09.

Alex Jeffrey was killed by a dangerous driver, the sentence was

:28:10.:28:13.

only four years and three months. It will end up being less than that.

:28:14.:28:18.

Will we reach a time when death by dangerous diving sentences are the

:28:19.:28:24.

same for murder? A car can be the same as a weapon in the same hands.

:28:25.:28:30.

I am aware of the tragic case and our deepest sympathies go to his

:28:31.:28:36.

family. Since 2010, the custody rate for causing death by dangerous

:28:37.:28:43.

riding -- driving has written -- has risen to 61%. We will look again at

:28:44.:28:49.

this area and she is right that there should be consistency with the

:28:50.:28:55.

sentencing for homicide offences. They review -- the review into

:28:56.:29:05.

sentencing was decided in 2014. Can the Minister gave us a clear date

:29:06.:29:10.

and will he say that we will look at ending the charge of careless death

:29:11.:29:17.

driving which simply denies families justice? We will consult this year

:29:18.:29:21.

and look at the full range of driving offences. It is important to

:29:22.:29:26.

make sure there is proper accountability but also consistency

:29:27.:29:31.

between the offences and the bespoke offences and sentences we have in

:29:32.:29:34.

this area with a wider sentencing around homicide offences. One of the

:29:35.:29:41.

key drivers of deaths on the road and all dangerous driving offences

:29:42.:29:45.

is alcohol. Given the enormous success of the powers in Croydon

:29:46.:29:50.

with 93% compliance and evidence from the US, will the Minister

:29:51.:29:59.

consider alcohol orders as a mandate of a punishment for those convicted

:30:00.:30:03.

of driving offences where alcohol is involved? He raises a very

:30:04.:30:08.

interesting area. It is something we will be willing to look at in the

:30:09.:30:19.

course of our consultation. I can assure the honourable lady that

:30:20.:30:22.

progress has been made to upgrade technology in the courts and

:30:23.:30:26.

tribunal state. I am happy to confirm to her that the vast

:30:27.:30:30.

majority of our criminal courts are now equipped to work digitally and

:30:31.:30:33.

we are reducing reliance on paper bundles. New digital services like

:30:34.:30:40.

shared drives and Wi-Fi are enabling professional uses the judiciary and

:30:41.:30:47.

court staff to work digitally. I am grateful for that response. But the

:30:48.:30:51.

Magistrates' Court and the family and County Court in Halifax Juve

:30:52.:30:55.

closure. It revealed that the overall investment plans have not

:30:56.:31:00.

changed or been updated following the announcement that 86 courts to

:31:01.:31:06.

close. Can the Minister tell me what plans them right to update the

:31:07.:31:10.

digitalisation programme to make sure it is accessible in other areas

:31:11.:31:16.

out of court? I know she takes this issue seriously and in my very

:31:17.:31:18.

regular meetings with senior management of the Tribunal service,

:31:19.:31:25.

this is an issue raised at the top of the agenda. There is a loss that

:31:26.:31:29.

is happening and not all of it gets into the public domain. Reducing

:31:30.:31:34.

reliance on criminal courts, we have the digital case system which now

:31:35.:31:38.

holds over 94,000 pages of information that would otherwise

:31:39.:31:43.

have been printed in Treblinka. Also there is the new National automated

:31:44.:31:50.

rotor system for magistrates which is now live for many thousands of

:31:51.:32:00.

magistrates. I welcome the development of upgrading technology

:32:01.:32:02.

in the traditional court setting. Even in civil claims which now takes

:32:03.:32:09.

claims online. Will the Secretary of State the intimate permitting the

:32:10.:32:13.

more radical proposals of this sizzle -- civil Justice Council to

:32:14.:32:19.

include an online resolution for online claims? I want to say to her

:32:20.:32:26.

that we are keen to make sure that we have the most updated and modern

:32:27.:32:33.

court system in the world fit for the 21st-century and we are ruling

:32:34.:32:45.

nothing out. Warning on focusing technology and not on the users,

:32:46.:32:54.

what is being done to help training? We need to recognise the real world

:32:55.:32:58.

which is technically logically advanced and we are working closely

:32:59.:33:02.

with the users and the lawyers and all those involved in the legal

:33:03.:33:06.

process. I'm happy to confirm that at the moment they buy in that we

:33:07.:33:11.

are getting the lawyers the public are very optimistic. The Ministry of

:33:12.:33:20.

Justice has been in contact with G4S and we are monitoring the progress

:33:21.:33:24.

of the potential sale to ensure it does not jeopardise the delivery of

:33:25.:33:29.

care at their secure training centres. I am sure the Minister

:33:30.:33:34.

agrees that a breach of care at Medway secure centre demonstrates

:33:35.:33:38.

the risks involved. When a state duty of care is entrusted to a

:33:39.:33:43.

private organisation, can he confirm how he intends to ensure that any

:33:44.:33:48.

transfer rate of the contracts in question will ensure a duty of care

:33:49.:33:51.

more robustly and alternatively be what assessment has made of

:33:52.:33:55.

transferring contracts back to the public sector? The Ministry of

:33:56.:34:01.

Justice continues to retain its rights over determining any transfer

:34:02.:34:08.

of the contracts from G4S. Also the Secretary of State appointed an

:34:09.:34:12.

independent improvement board at Medway, whose recommendations we

:34:13.:34:14.

will consider and no doubt will be of value for the future. Finally,

:34:15.:34:20.

the Charlie Taylor review is looking at the whole area of youth justice

:34:21.:34:26.

to put education at its heart in a safe and nurturing environment where

:34:27.:34:32.

we make real educational progress. Next week, we will see a new

:34:33.:34:37.

contract holder for the secure training centre. The contract has

:34:38.:34:43.

been awarded to an American company. After the appalling record of G4S,

:34:44.:34:49.

how can the Minister justify a contract being awarded to a company

:34:50.:34:54.

that has one of its American prisons and age digital oversight due to a

:34:55.:34:59.

quote, cruel and unusual punishments being administered by its staff? How

:35:00.:35:10.

can this be justified? There is some dispute over the American history

:35:11.:35:13.

and I will write to him on that point. What I will say is we are

:35:14.:35:19.

agnostic on probation. We want the best possible provision and within

:35:20.:35:24.

Wales, he will know that G4S provides an extremely high quality

:35:25.:35:29.

prisons such as down at Bridgend and I would remind him that this

:35:30.:35:34.

contract with G4S ran under three successive Labour governments. The

:35:35.:35:44.

Government is determined to deliver a swifter and more certain justice

:35:45.:35:47.

system that is more accessible to the public. We are investing ?700

:35:48.:35:52.

million in our tribunal 's and our reforms will digitise the justice

:35:53.:35:56.

system to speed up processes and provide services online. Remove

:35:57.:36:01.

unnecessary hearings, paper forms and duplication, cut costs by

:36:02.:36:04.

litigants and make justice more acceptable. Our reforms will remove

:36:05.:36:09.

hearings from the court room that don't need to be there in the first

:36:10.:36:13.

place. They will ensure we only make full use of judges, court rooms and

:36:14.:36:17.

legal teams were really necessary and support people in resolving

:36:18.:36:21.

their disputes by means of more informal and less costly remedies.

:36:22.:36:28.

The UK Government is proposing fee increases of up to ?80 for a full

:36:29.:36:34.

hearing in asylum and immigration Tribunal 's. Applicants seeking to

:36:35.:36:38.

challenge decisions at the right to enter or remain in the UK and will

:36:39.:36:41.

struggle to afford this, despite the Home Office getting the decision

:36:42.:36:46.

wrong. Does the Minister agree that access to justice should never

:36:47.:36:51.

depend on an individual's ability to pay? It is important we have a court

:36:52.:36:59.

system and tribunal system that pays for itself or goes towards paying

:37:00.:37:03.

for itself. In many cases we do have a remission system as people can

:37:04.:37:07.

apply for that as is appropriate under the circumstances. Citizens

:37:08.:37:14.

Advice Bureau play an important role in helping people to access justice

:37:15.:37:17.

and to understand the legal system. Will the Minister congratulate them

:37:18.:37:22.

on their work and encourage more people to use them? The Citizens

:37:23.:37:29.

Advice Bureau service provides invaluable advice to the population

:37:30.:37:34.

and I wholeheartedly congratulate them and I suspect I speak for the

:37:35.:37:37.

whole house in commending them for all the wonderful work they do. The

:37:38.:37:43.

Supreme Court have found that the Justice Secretary has backed it

:37:44.:37:48.

without moral authority and in an illegal vacuum. Will he ensure there

:37:49.:37:53.

will be access justice for those without the resident's test? The is

:37:54.:38:00.

disappointed with the findings of the Supreme Court as regards to this

:38:01.:38:04.

test. Given that in the last Government will listen to

:38:05.:38:07.

Parliament, we listen to the public and we did make exceptions to the

:38:08.:38:12.

resident's test. There are millions of people outside in the country who

:38:13.:38:17.

take the view that it is right that there should be some sort of

:38:18.:38:20.

connection with Britain for people who seek to have legal aid funds

:38:21.:38:26.

paid for by the British public. Claudia Lawrence from York was last

:38:27.:38:30.

seen on the 18th of March 2000 and nine. She is still missing. As are

:38:31.:38:36.

around 2500 people in the UK. In the midst of their group cut -- grieve,

:38:37.:38:40.

families have to battle with the financial affairs and they need

:38:41.:38:44.

access to justice but there is a simple solution. Guardianship on

:38:45.:38:46.

behalf of the missing person. The Government promises were over a year

:38:47.:38:54.

ago. Will this be in this year's Queen 's speech? That is a good

:38:55.:39:01.

example of shoehorning. She has shoehorned in a later question into

:39:02.:39:07.

this. Ingenious. The honourable lady raised as it raises a very good

:39:08.:39:11.

point. We have a huge amount of sympathy across the political divide

:39:12.:39:18.

for the individual she speaks to. -- speaks for. It would be impossible

:39:19.:39:23.

to pre-empt what will be in the Queen's speech. In order to avoid

:39:24.:39:27.

discriminating people with disc desert -- disabilities, and he

:39:28.:39:32.

assured me that the Personal Independence Payments will not be

:39:33.:39:35.

used in calculation to determine whether someone is entitled to help

:39:36.:39:42.

with employment tribunal fees? Much is considered. Many people are

:39:43.:39:52.

involved and it would be inappropriate for me to make a

:39:53.:39:55.

discretion -- to make a decision right now as she has asked me to do.

:39:56.:40:01.

I listened carefully to the Minister's and is a previously but I

:40:02.:40:04.

still find it very difficult to understand that at the same time

:40:05.:40:09.

this Conservative Government voted not to take in 3000 refugee

:40:10.:40:15.

children, the Ministry of Justice is proposing to write -- increase

:40:16.:40:22.

tribunal fees. How will vulnerable people challenge what is quite often

:40:23.:40:27.

errors from the Home Office? Can the Minister tell me where is the

:40:28.:40:34.

justice in this? I simply say that the last series -- there are

:40:35.:40:38.

exemptions for vulnerable people. We need to recognise the court system

:40:39.:40:43.

is there and it has to be paid for. It is perfectly reasonable for the

:40:44.:40:46.

British taxpayer to expect those who use our core system to make a

:40:47.:40:58.

contribution towards their running. Before the process of legal aid

:40:59.:41:02.

reform began in 2010, how legal aid system cost the taxpayer over ?2

:41:03.:41:08.

billion each year. During the period 2014/15, the legal aid spent was

:41:09.:41:17.

?1.64 billion. We remain the only country in the world which pays

:41:18.:41:21.

foreign nationals to sue our own soldiers. Last week the Supreme

:41:22.:41:25.

Court told us that the Government does not have the power to curtail

:41:26.:41:30.

legal aid in this area. The only way forward is primary legislation.

:41:31.:41:33.

Could the Minister tell us how he intends to make progress now? I

:41:34.:41:39.

would prefer my honourable friend to some of the comments I made earlier

:41:40.:41:44.

on. He makes a good point as regards to the resident's test. Whilst I

:41:45.:41:49.

have enormous sympathy with what he has said, as do many other people

:41:50.:41:52.

and millions of people in the country outside, we await the

:41:53.:41:57.

written judgment of the court and will reflect upon it.

:41:58.:42:03.

Each Minister practising has to have a client account. In some

:42:04.:42:09.

jurisdictions and North America, the money is held in client account are

:42:10.:42:14.

devoted to legal aid. But to look at that for England and Wales?

:42:15.:42:20.

We already have one of the most generous legal aid budgets in the

:42:21.:42:24.

world. As far as what solicitor firms do on interest on client

:42:25.:42:37.

accounts, he will appreciate that the regulation of the legal sector

:42:38.:42:48.

is separate from Government. A family have been refused legal aid

:42:49.:42:53.

and cannot take action against the Republican bomber believed to be

:42:54.:43:04.

behind the Hyde Park bomb who is...? The honourable gentleman will

:43:05.:43:07.

appreciate that all decisions made as regards whether legal aid is paid

:43:08.:43:12.

or not is done independently of Government ministers. It is the

:43:13.:43:16.

legal aid agency that takes these decisions and takes on individual

:43:17.:43:21.

cases and individual facts. I can't specifically comment on a particular

:43:22.:43:30.

case here in the House. We look forward to bringing home a

:43:31.:43:34.

proposal for a British bill of Rights shortly.

:43:35.:43:39.

The Minister will recall telling me on the 13th of June that the United

:43:40.:43:48.

Kingdom has a long respect for human rights that predates the act. As a

:43:49.:43:56.

claims, our plans do not involve's leaving the convention, that is not

:43:57.:44:01.

objective. Is that still Government policy?

:44:02.:44:05.

The Right Honourable gentleman was correct last month when he said the

:44:06.:44:09.

Human Rights Act is not the last word on human rights. I look forward

:44:10.:44:13.

to debating these proposals. On the Human Rights Act, we cannot withdraw

:44:14.:44:18.

forever, but we do not plan to withdraw. If with withdrawal from

:44:19.:44:25.

the ECA char while remaining as EU member, it will be open

:44:26.:44:34.

invitation... We are confident we can replace the Human Rights Act

:44:35.:44:38.

with a bill of rights and reform our relationship with the stars were

:44:39.:44:40.

caught. That is what we intend to do.

:44:41.:44:45.

-- Strasbourg court. A condition for new members to join

:44:46.:44:50.

the European Union is to be a signatory to the European Convention

:44:51.:44:54.

of human rights. So in order to put into practice the very welcome

:44:55.:45:01.

announcement by the Home Secretary the intention to leave the Human

:45:02.:45:11.

Rights Act... I have set at the Government's

:45:12.:45:14.

position very clearly, and our current plans do not involve

:45:15.:45:19.

withdrawing from the convention. The ministers says that he and the

:45:20.:45:26.

Government want to stay in the EC H R, but we know he wants to leave the

:45:27.:45:31.

European Union. The Home Secretary told as yesterday that she wants to

:45:32.:45:36.

leave the ECHR, but she wants to remain in the European Union. Should

:45:37.:45:39.

we understand that this Government is as divided on the question of

:45:40.:45:44.

ECHR membership as it is on the question of EU membership?

:45:45.:45:52.

No. We'd been asking for a long time on

:45:53.:45:58.

this side of the House when the Government are going to bring

:45:59.:46:01.

forward their consultation on the repeal of the Human Rights Act? Does

:46:02.:46:09.

he understand that the Home Secretary's statement yesterday have

:46:10.:46:12.

caused particular concern in Scotland, because in Scotland the

:46:13.:46:16.

European Convention of human rights is embedded in the devolution

:46:17.:46:20.

settlement, as it is in the other devolved administrations. Does he

:46:21.:46:24.

appreciate that ECHR could never be withdrawn from without the consent

:46:25.:46:28.

of the Scottish Parliament? And there is no question of that consent

:46:29.:46:33.

ever been given. I thank the honourable lady for a

:46:34.:46:38.

comments I reassure her concerns by reiterating the Government's

:46:39.:46:41.

position. Topical questions.

:46:42.:46:50.

With your permission, Mr Speaker, can associate my self with the

:46:51.:46:58.

remarks made earlier. Today we have had the decision made by the jury is

:46:59.:47:03.

sitting in the decision of the 96 tragic deaths at Hillsborough. It

:47:04.:47:06.

has been a terrible tragedy and has taken a long time for those families

:47:07.:47:11.

to arrive at justice. Today is a significant day, and I want to place

:47:12.:47:14.

on record my thanks to the coroner and the jury for their work.

:47:15.:47:21.

Victims of domestic violence need a modern, family court system that

:47:22.:47:25.

provides special safety measures which are well considered when

:47:26.:47:31.

facing directly the perpetrators of these horrific crimes. Can the

:47:32.:47:37.

Minister assured me that the department is doing everything

:47:38.:47:40.

possible to make sure that we have a modern family court system which

:47:41.:47:43.

protects vulnerable individuals at this time?

:47:44.:47:51.

The Government's absolutely committed to supporting all

:47:52.:47:52.

vulnerable and intimidated witnesses, especially those

:47:53.:47:57.

suffering from domestic abuse, so they can get the best possible

:47:58.:48:02.

evidence. That is why we happen measures in place including the

:48:03.:48:07.

ability to give evidence while being screened, via video link or from a

:48:08.:48:12.

location away from the court building altogether. Changes to

:48:13.:48:21.

courts will only help this. In a year of seeing little and doing

:48:22.:48:26.

less on their flagship manifesto policy of repealing the Human Rights

:48:27.:48:29.

Act, the one thing that has been made clear it is the Lord

:48:30.:48:34.

Chancellor's position on the European Convention on human rights.

:48:35.:48:40.

He said, our plans do not involve leaving the convention. So who is

:48:41.:48:48.

right on this? What is today's policy? Who's in charge of justice

:48:49.:48:53.

policy, it does not appear to be heaven.

:48:54.:48:59.

I thank the honourable gentleman for his enquiry as to my welfare. The

:49:00.:49:08.

policies as stated earlier. We have the leaders of the Tory

:49:09.:49:11.

Brexit campaign saying they will stay in ECHR, and the Home Secretary

:49:12.:49:17.

saying in her support for Remain we should leave the conventional

:49:18.:49:20.

together. Isn't that a shambles? Was in the former Attorney General right

:49:21.:49:26.

to say the Lord Chancellor pot's single issue obsession with Brexit

:49:27.:49:31.

means he is no longer seeing the wood for the trees, and relying on

:49:32.:49:37.

arguments that are unfounded? I am at one with my right honourable

:49:38.:49:42.

friend. Both of us believe we should remain within the ECHR. Both was

:49:43.:49:46.

also recognised that the far greater threat to liberty is the European

:49:47.:49:50.

Court of Justice, which he has described as an institution that is

:49:51.:49:57.

predatory. If you are a share. -- a view only share.

:49:58.:50:08.

There has been news of taxi drivers refusing carriage to guide dog

:50:09.:50:13.

owners. What is the position of this issue?

:50:14.:50:23.

It is an offence on 168 of the equalities act to refuse to take an

:50:24.:50:26.

assistance dog in a taxi or private hire vehicle. Penalty is up to a

:50:27.:50:32.

maximum of ?1000. As for sentencing is concerned, that is a matter for

:50:33.:50:41.

the judiciary. Last week, the Justice Select

:50:42.:50:45.

Committee were in Strasbourg at the European Court of Human Rights, with

:50:46.:50:54.

the judges raised the UK for... The Lord Chancellor now wants to tear

:50:55.:50:58.

this can act up, and the Home Secretary wants to lead the

:50:59.:51:02.

convention altogether. The question has been asked earlier, but can we

:51:03.:51:06.

have some clarity on this? On the outside it looks as though the party

:51:07.:51:10.

opposite has a blind spot on anything to do with the word

:51:11.:51:17.

European or human rights? You can implement the European

:51:18.:51:21.

Convention in UK law, and trust this been to apply it. It is to do with

:51:22.:51:28.

the Labour Party that set up the Supreme Court.

:51:29.:51:33.

Can the Minister confirm that when the Government brings forward the

:51:34.:51:35.

timeline for the British Bill of Rights, it will restore common sense

:51:36.:51:42.

to the human rights debate? That is precisely one of the issues

:51:43.:51:45.

we want to address. Last week the joint committee on

:51:46.:51:51.

human rights was also in Strasbourg, we heard testimony from

:51:52.:51:54.

representative customers to we're countries that are not enjoy the

:51:55.:51:59.

stability of human rights and justice that we enjoy in this

:52:00.:52:02.

country. There were clear that the UK provides leadership in a troubled

:52:03.:52:07.

world. What kind of message do ministers think they are now sending

:52:08.:52:10.

out by providing such confusion over Britain's commitment to the ECHR.

:52:11.:52:19.

The UK has led the world and human rights before of the act and will

:52:20.:52:24.

continue to do so. Too many prisoners enter prisons

:52:25.:52:27.

without qualifications and leave them without qualifications. Would

:52:28.:52:32.

my right honourable friend agree it is vital to get recognised

:52:33.:52:35.

qualifications in our prisons to allow a second career once they

:52:36.:52:39.

leave jail? That is correct, it is important

:52:40.:52:42.

should be progression. We want to make sure they can go on to pursue

:52:43.:52:50.

apprenticeships. According to a report by citizens

:52:51.:52:54.

advice, nine out of ten people who've gone through the family

:52:55.:52:58.

courts under the new rules that heavily restrict access to legal

:52:59.:53:03.

aid, suffer strain in their mental and physical health, working lives

:53:04.:53:07.

and finances. This is surely unacceptable. What is the most going

:53:08.:53:11.

to do to put it right? -- minister going to do? As said

:53:12.:53:17.

earlier today, much has been done for people who need legal aid. In

:53:18.:53:22.

the family court particular, our judges are being trained and are

:53:23.:53:27.

aware of the difficulties that victims before them have. They are

:53:28.:53:31.

trained to help and assist them. The Government itself has provided much

:53:32.:53:36.

money and support for this. It is important to remember that when

:53:37.:53:40.

people talk about the delayed, this is taxpayer's money. We have money

:53:41.:53:47.

that we spend, one of the largest legal aid budgets and the world.

:53:48.:53:53.

What steps is the Government taking to identify and remove creatures who

:53:54.:53:59.

are radicalising prison inmates? -- preachers?

:54:00.:54:09.

Shortly after being appointed, I spoke to a prison governor with

:54:10.:54:13.

experience to look at the questions of radicalisation within our

:54:14.:54:17.

prisons. He cemented a report to me recently, we should be acting on it

:54:18.:54:23.

shortly. -- presented a report. Earlier division was highlighted in

:54:24.:54:29.

the Gulf benches on membership of ECHR and the EU. They are sending

:54:30.:54:40.

the message that is single stand-alone Bill of Rights would not

:54:41.:54:43.

be fit for a 21st-century government. Is it not important that

:54:44.:54:50.

to remain part of the European Union and the ECHR?

:54:51.:54:54.

The position has been set out clearly, and when we look at the

:54:55.:54:59.

Bill of Rights, we will consult all devolved administrations.

:55:00.:55:04.

Teenagers have been tragically stamped on the streets of London.

:55:05.:55:10.

Does the honourable friend agree with me that it is vital we elect a

:55:11.:55:13.

mayor who will take action on knife crime?

:55:14.:55:18.

Under a Conservative Mayor of London, tough action has been taken

:55:19.:55:22.

against crime. That is why it is vital that the Conservative

:55:23.:55:24.

candidate secures election on May the 5th.

:55:25.:55:33.

Is the secretary in a position to inform the House when he expects a

:55:34.:55:38.

review of education in prisons, conducted by Dame Sally Coates to be

:55:39.:55:45.

published? After me the fifth, when I hope I

:55:46.:55:48.

Conservative candidate is returned as Mayor of London, and when I hope

:55:49.:55:54.

Ruth Davidson takes over as Leader of the Opposition in the Scots

:55:55.:55:56.

parliament. The trouble reason to celebrate.

:55:57.:56:04.

A constituents of mine was sixthly abused by their father over many

:56:05.:56:08.

years, he is now in prison. -- sexually abused. Because abuse

:56:09.:56:17.

stopped before 1979, the victim was not compensated. Can this be looked

:56:18.:56:24.

at? I had been informed of the case, and

:56:25.:56:27.

I would like to meet his constituent of possible. The difficulty of the

:56:28.:56:35.

case is that when the 1964 act was amended, it was not made

:56:36.:56:39.

retrospective. I understand what is going through, but it's difficult

:56:40.:56:43.

situation as to where you draw a through compensation. It has not in

:56:44.:56:50.

the past, and probable not be in the future, retrospective.

:56:51.:56:57.

What use is made of ex-prisoners who underwent mental health treatment in

:56:58.:56:59.

our prisons so that they can feed back into a mental health service

:57:00.:57:02.

and perhaps support current prisoners?

:57:03.:57:13.

Ex-prisoners of very useful in drug services and we will explore what

:57:14.:57:23.

further role they can play. The honourable member is to begrudge

:57:24.:57:29.

elated on her marathon. She is looking in remarkably good neck.

:57:30.:57:33.

Perhaps my colleagues would like to join me next year as I try and smash

:57:34.:57:39.

my seven hours and 17 minutes. Last month I visited a prison in

:57:40.:57:43.

Nottingham which serves a primary prisoners for many offenders in

:57:44.:57:47.

Derby. An ongoing inquest into a Derby man who died in his cell

:57:48.:57:52.

revealed traces of legal highs were found in his body. What assurances

:57:53.:57:56.

can he give me that the department is doing all it can to tackle the

:57:57.:58:02.

levels of legal highs in our system? It is a tragic case my honourable

:58:03.:58:07.

friend raises and I can tell her it will shortly be a criminal offence

:58:08.:58:14.

to possess legal highs in prison and in addition we are starting a

:58:15.:58:18.

testing regime. Those two measures will help us get on top of this evil

:58:19.:58:26.

trade in our prisons. Understanding the impact of crimes of victims

:58:27.:58:30.

should be central to education and prisons. What steps is the Minister

:58:31.:58:34.

taking to develop that agenda, particularly among those business

:58:35.:58:39.

that have committed the most Sirius is -- serious crimes? It is crucial.

:58:40.:58:47.

That will be part of the victim's law proposals we come up with in

:58:48.:58:53.

this Parliament. I welcome the commitment to early publication on

:58:54.:58:57.

the report on counter radicalisation policies within prisons. There is

:58:58.:59:02.

the significance of this issue. The Justice Select Committee is bowing

:59:03.:59:05.

out an enquiry into prison safety as part of that. Will he and his team

:59:06.:59:13.

update us on that report? I will be delighted to do that. The chairman's

:59:14.:59:22.

question is an opportunity to confirm. There is some information

:59:23.:59:29.

that could not be mentioned as it relates to certain issues. I will

:59:30.:59:33.

talk to them both about the problems that have been identified and the

:59:34.:59:38.

steps that we need to take. I know how much the Select Committee want

:59:39.:59:41.

to ensure appropriate steps are taken and I look forward to

:59:42.:59:45.

appearing in front of them as soon as possible. A National probation

:59:46.:59:50.

service report has been published into the murder of my constituents's

:59:51.:59:56.

sister. Dale Boynton was murdered by an offender released on my stance

:59:57.:00:01.

following a conviction of previous violent crime. There are a number of

:00:02.:00:06.

failings by the National probation service. When he reviewed the report

:00:07.:00:11.

into his tragic death and ensure that he is satisfied that the MPS is

:00:12.:00:17.

doing all they can to ensure the public is properly protected? I'm

:00:18.:00:24.

sure the whole house will want to express their sympathy is following

:00:25.:00:28.

this incident. While the review makes clear that this man bears

:00:29.:00:37.

responsibility for her death, the probation service could have done

:00:38.:00:40.

more. They will make that we will make sure they learn the lessons

:00:41.:00:44.

from this tragedy so future operations can be improved. Having

:00:45.:00:50.

represented many innocent drivers caught up in fraudulent impact

:00:51.:00:58.

claims, I see there are people exploiting the low thresholds and

:00:59.:01:02.

legal loopholes. I welcome the rays in the small claims threshold. We

:01:03.:01:06.

confirm whether there are plans to explore reform of the evidential

:01:07.:01:13.

requirements to further make it difficult for such claims to

:01:14.:01:22.

succeed? We will have a proper consultation in due course and I

:01:23.:01:25.

would imagine that is the kind of issue we can consider at length.

:01:26.:01:34.

Urgent question. Mr Alistair Carmichael. To ask for the home

:01:35.:01:37.

Department if she will make a statement on the UK's membership of

:01:38.:01:41.

the European Convention on Human Rights? I am answering this urgent

:01:42.:01:50.

question today on behalf of the Home Secretary but my right honourable

:01:51.:01:55.

friend will be making a statement to this house on the Hillsborough

:01:56.:01:56.

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