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I would like to announce today that I have completed my review of the Whiplash Injury Regulations 2021 (the Regulations) following careful consideration of the available data and evidence, including submissions to the ‘Statutory review of the Whiplash Tariff’ Call for Evidence.
Part 1, Section 3 of the Civil Liability Act...
I would like to announce today that I have completed my review of the Whiplash Injury Regulations 2021 (the Regulations) following careful consideration of the available data and evidence, including submissions to the ‘Statutory review of the Whiplash Tariff’ Call for Evidence.
Part 1, Section 3 of the Civil Liability Act...
I thank my right hon. Friend for that important point. Fewer than 1% of tenancies required court action in 2019, but for difficult cases that do escalate to the courts, the Government recognise the importance of making sure that the process is smooth and efficient. Nearly 90% of county courts are currently listing possession hearings within four to eight weeks after a claim is received. On bailiff recruitment issues, we are running recruitment campaigns and have reduced administrative burdens to free up resources for bailiffs to focus on enforcement activity.
I thank my right hon. Friend for that important point. Fewer than 1% of tenancies required court action in 2019, but for difficult cases that do escalate to the courts, the Government recognise the importance of making sure that the process is smooth and efficient. Nearly 90% of county courts are currently listing possession hearings within four to eight weeks after a claim is received. On bailiff recruitment issues, we are running recruitment campaigns and have reduced administrative burdens to free up resources for bailiffs to focus on enforcement activity.
A number of my constituents in Chipping Barnet tell me that they continue to have problems with delays in getting court judgments implemented by bailiffs. Will the Secretary of State do everything he can to tackle delays in the courts and bailiff system, especially for possession proceedings, where there continue to be real problems, causing delays and costs?
As always, my hon. and learned Friend gets to the heart of the matter. Before the pandemic, around 9,000 people were in custody awaiting trial. The figure is now closer to 16,000, which plainly has an impact. It is because we did not get rid of jury trials, which was the right thing to do. I am grateful to the Lord Chief Justice and the senior presiding judge for considering remote hearings of bail applications, to ensure that more lawyers are able to do the cases. Having enough practitioners, as well as sitting days, is critical, and both will have my attention.
As always, my hon. and learned Friend gets to the heart of the matter. Before the pandemic, around 9,000 people were in custody awaiting trial. The figure is now closer to 16,000, which plainly has an impact. It is because we did not get rid of jury trials, which was the right thing to do. I am grateful to the Lord Chief Justice and the senior presiding judge for considering remote hearings of bail applications, to ensure that more lawyers are able to do the cases. Having enough practitioners, as well as sitting days, is critical, and both will have my attention.
The Lord Chancellor will know that there is particular concern about the growth of the remand population in our prisons, which causes great disruption. He will also know that the senior presiding judge and others are taking innovative measures to list remand cases, but will the Lord Chancellor confirm that, to support that, there will be no financial cap on sitting days in the Crown courts?
What recent assessment he has made of the potential implications for his policies of the number of children being remanded to custody.
What recent assessment he has made of the potential implications for his policies of the number of children being remanded to custody.
Custody is reserved for those convicted or accused of the most grave offences, and the total number of children in detention has fallen by 82% since 2010. Before a child can be remanded, the court must be satisfied that it is very likely that the defendant will receive a custodial sentence, and must have explicitly considered and rejected the option of remanding him or her into local authority care.
Custody is reserved for those convicted or accused of the most grave offences, and the total number of children in detention has fallen by 82% since 2010. Before a child can be remanded, the court must be satisfied that it is very likely that the defendant will receive a custodial sentence, and must have explicitly considered and rejected the option of remanding him or her into local authority care.
Custody is reserved for those convicted or accused of the most grave offences, and the total number of children in detention has fallen by 82% since 2010. Before a child can be remanded, the court must be satisfied that it is very likely that the defendant will receive a custodial sentence, and must have explicitly considered and rejected the option of remanding him or her into local authority care.
What recent assessment he has made of the potential implications for his policies of the number of children being remanded to custody.
The hon. Lady makes an important and compassionate point. It is absolutely right that we should invest in the estate, and I am pleased that we are investing in a new secure school, which will open soon. She makes an important point about the decision to remand. Those decisions are made by independent judges—that is correct—but I hope that she will join me in recognising that the reduction in the overall number of children in custody by 82% since 2010 is a positive thing. When I was prosecuting, young people were going inside for being passengers in vehicles taken without consent. Now, they are inside only for the most grave offences.
The hon. Lady makes an important and compassionate point. It is absolutely right that we should invest in the estate, and I am pleased that we are investing in a new secure school, which will open soon. She makes an important point about the decision to remand. Those decisions are made by independent judges—that is correct—but I hope that she will join me in recognising that the reduction in the overall number of children in custody by 82% since 2010 is a positive thing. When I was prosecuting, young people were going inside for being passengers in vehicles taken without consent. Now, they are inside only for the most grave offences.
Some 44% of places in youth custody are taken up by children and young people on remand who do not go on to receive a custodial sentence. Yet children held in young offenders institutions spend most of their time locked up in their cells, amid high levels of violence. Does the Minister think that that is the best place to spend time during adolescence?
We have altered the sentencing regime such that the courts can take into account what can be quite significant gaps between the sentencing regime that applies to a 17-year-old and that which applies to an 18-year-old. The courts now have additional discretion to ensure that if somebody is very close to their 18th birthday, they can be treated as more mature, which can mean, in appropriate cases, that the punishment will be more severe.
We have altered the sentencing regime such that the courts can take into account what can be quite significant gaps between the sentencing regime that applies to a 17-year-old and that which applies to an 18-year-old. The courts now have additional discretion to ensure that if somebody is very close to their 18th birthday, they can be treated as more mature, which can mean, in appropriate cases, that the punishment will be more severe.
Will the Lord Chancellor take into consideration one of the recommendations of the Wade report on sentencing for murder? The definition of “children” should be reconsidered. At the moment, someone who is 16 or very often 17 might be tried when they are 18, but they are sentenced as if they are a child. Surely the question should be the crime rather than the age.
In 2010, the total number of children in custody was over 3,000; that figure is now around 500, so there has been a significant reduction. The decision of whether to remand is a matter for the judges. They can remand in custody only if there are substantial grounds for believing that, if released on bail, the child will commit further offences or indeed fail to surrender. We are also investing millions of pounds in Greater Manchester, for example, to see whether there are other options in remanding children into local authority accommodation and not necessarily into custody.
In 2010, the total number of children in custody was over 3,000; that figure is now around 500, so there has been a significant reduction. The decision of whether to remand is a matter for the judges. They can remand in custody only if there are substantial grounds for believing that, if released on bail, the child will commit further offences or indeed fail to surrender. We are also investing millions of pounds in Greater Manchester, for example, to see whether there are other options in remanding children into local authority accommodation and not necessarily into custody.
Almost two thirds of children on remand in youth detention do not go on to receive a custodial sentence, and 17% are acquitted, meaning that they were freed from a criminal charge altogether. It costs between £129,000 and £306,000 per year to keep just one child on remand in youth custody. Does the Minister view that as the best use of public money, or does he feel that it could be managed in a more efficient and effective way with an alternative remand provision?
Access to legal aid matters. We have taken action to broaden access in immigration and asylum cases by: uplifting fees for work done under the Illegal Migration Act 2023, when it commences; providing up to £1.4 million this year for accreditation and re-accreditation of senior caseworkers conducting legal aid work; allowing detained duty advice scheme providers to give guidance remotely, where appropriate; and introducing payment for travel time between immigration removal centres and detained duty advice scheme surgeries.
Access to legal aid matters. We have taken action to broaden access in immigration and asylum cases by: uplifting fees for work done under the Illegal Migration Act 2023, when it commences; providing up to £1.4 million this year for accreditation and re-accreditation of senior caseworkers conducting legal aid work; allowing detained duty advice scheme providers to give guidance remotely, where appropriate; and introducing payment for travel time between immigration removal centres and detained duty advice scheme surgeries.
What recent assessment his Department has made of the adequacy of legal aid provision for immigration cases.
I thank the hon. Gentleman for raising that important question. We are broadening access to legal aid. The means test review, when fully implemented, will put an additional £25 million into legal aid and bring an additional £2 million into the scope of legal aid. We are rolling out the housing loss prevention advice service—that is another £10 million going in. There will be up to £141 million going into legal aid. We are also rolling out the review of civil legal aid, which will report later this year. We will be issuing a Green Paper in July to look at what we need to do to have a sustainable, resilient and well-resourced system, because we want high-quality lawyers doing civil legal aid. That is vital for the kind of country we want to be.
I thank the hon. Gentleman for raising that important question. We are broadening access to legal aid. The means test review, when fully implemented, will put an additional £25 million into legal aid and bring an additional £2 million into the scope of legal aid. We are rolling out the housing loss prevention advice service—that is another £10 million going in. There will be up to £141 million going into legal aid. We are also rolling out the review of civil legal aid, which will report later this year. We will be issuing a Green Paper in July to look at what we need to do to have a sustainable, resilient and well-resourced system, because we want high-quality lawyers doing civil legal aid. That is vital for the kind of country we want to be.
The Bar Council of England and Wales has submitted its grave concerns to the Ministry of Justice’s review of civil legal aid, citing that it is
“not sustainable in its current form”
and that it has significant concern
“in relation to future availability of counsel”
in immigration and asylum cases. It also notes that in real terms civil legal aid fees have now halved compared with what they were 28 years ago. What are the next steps to ensure the future of legal aid in immigration cases, or is justice now for only the wealthy?
The hon. Lady asks about the implications for the criminal justice system of the Safety of Rwanda (Asylum and Immigration) Act 2024. To be clear, that Act relates to immigration and potentially administrative law. It does not substantially impact on the criminal law, and accordingly no specific guidance is required.
The hon. Lady asks about the implications for the criminal justice system of the Safety of Rwanda (Asylum and Immigration) Act 2024. To be clear, that Act relates to immigration and potentially administrative law. It does not substantially impact on the criminal law, and accordingly no specific guidance is required.
If he will issue guidance to lawyers on the potential implications for the criminal justice process of the Safety of Rwanda (Asylum and Immigration) Act 2024.
There are several questions in there but the answer to the first question is no, that is not correct. The point about legal advice is very important: people should get legal advice so that they can make their points. That is why we are investing heavily: when the Illegal Migration Act 2023 comes into force there will be a 15% uplift; we have invested £1.5 million to reaccredit senior caseworkers; and we are also paying for travel time. We recognise that; the legislation is necessarily robust and we are also ensuring people get the legal advice they need.
There are several questions in there but the answer to the first question is no, that is not correct. The point about legal advice is very important: people should get legal advice so that they can make their points. That is why we are investing heavily: when the Illegal Migration Act 2023 comes into force there will be a 15% uplift; we have invested £1.5 million to reaccredit senior caseworkers; and we are also paying for travel time. We recognise that; the legislation is necessarily robust and we are also ensuring people get the legal advice they need.
I thank the Secretary of State for that response. May I praise the quick response from solicitors and the community in Glasgow to Rwanda removals, very much in the spirit of the Glasgow Girls and the Glasgow Grannies and Kenmure Street three years ago? Is there a deliberate policy to remove people from Scotland to England to prevent them from accessing legal aid, as they would be able and fully entitled to do in Scotland? What guidance has been issued to lawyers in this respect? Lastly, what right do MPs have to intervene in cases of removal, because I have been told that MPs have been asked for wet signatures from people who have been taken to immigration removal centres in England.
I would be more than happy to discuss that point with the hon. Gentleman. Of course MPs should have access in appropriate circumstances, but the critical point is for individuals to get legal support—I say that with no discourtesy to him as a constituency MP. That legal support is important. As I have said, when the IMA comes into effect we will increase funding by 15%, pay for travel time and ensure the reaccreditation of senior caseworkers. That is what individuals need: support through legal advice, and that is what we are providing.
I would be more than happy to discuss that point with the hon. Gentleman. Of course MPs should have access in appropriate circumstances, but the critical point is for individuals to get legal support—I say that with no discourtesy to him as a constituency MP. That legal support is important. As I have said, when the IMA comes into effect we will increase funding by 15%, pay for travel time and ensure the reaccreditation of senior caseworkers. That is what individuals need: support through legal advice, and that is what we are providing.
I listened with great interest to that answer. My hon. Friends the Members for Glasgow Central (Alison Thewliss) and for Glasgow North East (Anne McLaughlin) and I have constituents who have been removed from Scotland to England and threatened with deportation. Can the Secretary of State answer this question: why are MPs being denied access to their constituents? It seems outrageous. Does he not agree that this is unacceptable and that lawyers and their elected representatives should not be impeded by arbitrary barriers when accessing constituents who are threatened with deportation?
If he will issue guidance to lawyers on the potential implications for the criminal justice process of the Safety of Rwanda (Asylum and Immigration) Act 2024.
If he will issue guidance to lawyers on the potential implications for the criminal justice process of the Safety of Rwanda (Asylum and Immigration) Act 2024.
The hon. Lady asks about the implications for the criminal justice system of the Safety of Rwanda (Asylum and Immigration) Act 2024. To be clear, that Act relates to immigration and potentially administrative law. It does not substantially impact on the criminal law, and accordingly no specific guidance is required.
No one in this House has done more than my hon. Friend to look after the plight of people who are homeless or at risk of homelessness. I am proud to say that the proportion of offenders in homes for their first night post release is 86%. That is because we have rolled out 12 weeks of guaranteed community accommodation. I went to Luton and Dunstable and spoke to a probation officer who had worked there for 30 years, and he said that was the single most significant policy roll-out of his entire career. It is critical to ensure that prisoners and ex-offenders can be rehabilitated.
No one in this House has done more than my hon. Friend to look after the plight of people who are homeless or at risk of homelessness. I am proud to say that the proportion of offenders in homes for their first night post release is 86%. That is because we have rolled out 12 weeks of guaranteed community accommodation. I went to Luton and Dunstable and spoke to a probation officer who had worked there for 30 years, and he said that was the single most significant policy roll-out of his entire career. It is critical to ensure that prisoners and ex-offenders can be rehabilitated.
Clearly, providing safe and secure accommodation for ex-offenders when they leave prison is the first and most important part of getting them on the path to rebuilding their lives. What action is my right hon. and learned Friend taking to ensure that that happens, so that people are not tempted to reoffend?
The hon. Gentleman raises an excellent point, and he is right. The reoffending rate is worth focusing on: in 2010 it was around 31%, and now it is 25%. The reason for that is a combination of focusing on accommodation, as we have just discussed, and employment so that people have a stake in society, as well as tackling substance abuse. We are looking at technology with great focus, to ensure that people can be treated for their substance addition on the inside by the very clinicians who will treat them on the outside. That continuity is vital to get them off drugs and rehabilitate them.
The hon. Gentleman raises an excellent point, and he is right. The reoffending rate is worth focusing on: in 2010 it was around 31%, and now it is 25%. The reason for that is a combination of focusing on accommodation, as we have just discussed, and employment so that people have a stake in society, as well as tackling substance abuse. We are looking at technology with great focus, to ensure that people can be treated for their substance addition on the inside by the very clinicians who will treat them on the outside. That continuity is vital to get them off drugs and rehabilitate them.
Does the Secretary of State agree that reoffending rates would reduce further if we had a more concentrated attack on the illicit substances that continue to go into prisons, as well as the massive use of prescription drugs, which many people in prisons tell me are causing problems for people close to release?
What steps he is taking to reduce reoffending.
What steps he is taking to reduce reoffending.
Reducing reoffending is a core mission of these Ministers and this Government. That is why we have prioritised accommodation for prison leavers and why we have invested heavily in employment, with prison employment leads and employment hubs in every resettlement prison. Crucially, the plan is working: in the two years to March 2023, the proportion of prison leavers in employment six months post release more than doubled.
Reducing reoffending is a core mission of these Ministers and this Government. That is why we have prioritised accommodation for prison leavers and why we have invested heavily in employment, with prison employment leads and employment hubs in every resettlement prison. Crucially, the plan is working: in the two years to March 2023, the proportion of prison leavers in employment six months post release more than doubled.
Reducing reoffending is a core mission of these Ministers and this Government. That is why we have prioritised accommodation for prison leavers and why we have invested heavily in employment, with prison employment leads and employment hubs in every resettlement prison. Crucially, the plan is working: in the two years to March 2023, the proportion of prison leavers in employment six months post release more than doubled.
What steps he is taking to reduce reoffending.
If he will make a statement on his departmental responsibilities.
If he will make a statement on his departmental responsibilities.
Since the last session of Justice questions, I have met my G7 ministerial counterparts in Italy to discuss topics ranging from preventing illegal migration to tackling organised crime. Furthermore, we have announced a new offence—in which, incidentally, my G7 colleagues were very interested—prohibiting the creation of sexually explicit deepfakes, announced measures to remove parental responsibility from those convicted of the rape of a child, made progress with the Litigation Funding Agreements (Enforceability) Bill in the House of Lords to support access to justice for those such as the postmasters, and introduced an amendment to the Victims and Prisoners Bill to provide further protection for victims against unnecessary disclosure of counselling notes.
I have also attended the “Unlocking Investment in Ukraine” conference, which brought together Ukrainian lawyers and eminent British jurists. We in this country understand the importance of a strong legal sector to secure Ukraine’s future. The British people and this Parliament are determined to ensure that once it has won the war, Ukraine wins the peace as well.