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Volume 523: debated on Tuesday 15 February 2011

The Secretary of State was asked—

Bribery Act 2010

1. What recent progress he has made on the preparation of guidance on the implementation of the Bribery Act 2010. (40452)

3. Which bodies he has consulted in the preparation of guidance on the implementation of the Bribery Act 2010. (40454)

I am at present working on the guidance to commercial organisations to make it practical and useful for legitimate business and trade. It will be published once I am confident that it addresses the legitimate concerns of all those who took part in the consultation process and who have made representations to me. The publication of the guidance will be followed by a three-month notice period before full implementation of the Act.

Does my right hon. and learned Friend agree that the offences in the Act should not prevent businesses from using legitimate and proportionate promotional expenditure or corporate hospitality? I welcome the fact that he is going to prepare guidance, but will he do so on the basis that there is some fear and lack of knowledge out there, which needs to be dealt with?

I agree entirely with my hon. Friend, and I have had meetings with organisations such as the British Chambers of Commerce and the Federation of Small Businesses, whose members are particularly frightened about the prospects. Ordinary hospitality to meet and network with customers and to improve relationships is an ordinary part of business and should never be a criminal offence. I hope to put out very clear guidance for businesses of all sizes to make that clear and to save them from the fears that are sometimes aroused by the compliance industry—the consultants and lawyers who will, of course, try to persuade companies that millions of pounds must be spent on new systems that, in my opinion, no honest firm will require to comply with the Act.

Many of our competitors overseas will not be so keen to rule out bribery as a means of competing. What steps will the Secretary of State take to ensure that British businesses are not put at a competitive disadvantage?

Along with the United States and others, we are one of the leading countries in pressing for a drive against corruption in the world, because corruption is bad for all business, including British business when it tries to export to other countries. Because of the debate that is taking place about the Act, I have had to reassure my American colleagues that we are not falling behind and that we will implement the Act. It is very important that we put ourselves where we should be—in the forefront of stamping out corruption not only in the developing world but in international trade generally.

May I encourage the Secretary of State to get on and implement the Act as soon as possible? Will he provide an assurance this afternoon that when the guidance is published, there will be no loophole for joint ventures or subsidiaries that would enable British companies to turn a blind eye to corruption?

I give that assurance, and I can assure the right hon. Gentleman that I am trying to get on with it. I believe it is possible to satisfy those who think we should give a lead in helping to stamp out corruption in international trade and other aspects of international relationships, and at the same time satisfy honest businesses that do not want unnecessary costs and burdens put upon them. They want the situation explained clearly to them so that, as my hon. Friend the Member for Northampton South (Mr Binley) said, ordinary hospitality cannot possibly be affected by the Act.

Although I welcome the Secretary of State’s announcement that the Act will eventually be implemented, his comments today sound like rather a watering-down of the proposals. Yet the Foreign Secretary said at the Dispatch Box just two weeks ago:

“Both parties in the coalition supported the Bribery Act when in opposition, we support it now, and it will be brought in rigorously, effectively and fairly.”—[Official Report, 1 February 2011; Vol. 522, c. 733.]

Can the Secretary of State reassure the House that that is how the Act will be applied?

First, there is no watering-down of the Act. All parties supported it when it went through the House, and we are going to implement it properly. It requires me to provide statutory guidance to businesses on what steps they should take to ensure that they are trying to prevent bribery, and that is what I am working on. I believe that it is possible to produce guidance and enforce the Act in a way that produces the rigour and fairness that the hon. Gentleman demands. There is no backing down from the principles of the Act at all.

Legal Aid

2. What assessment he has made of the potential effects of his proposals for legal aid reform on the provision of face-to-face legal advice; and if he will make a statement. (40453)

We published initial impact assessments, including equality impact assessments, with our reform proposals, including the proposal to establish the community legal advice helpline as the single gateway to civil legal aid services. Face-to-face advice will continue to be available where it is appropriate.

I am very interested in that reply. What does the Under-Secretary mean by “appropriate”? That seems to me to be a little get-out clause. I assume that he does MPs’ surgeries. If so, he knows that people need face-to-face contact with their representatives—in this case, solicitors—to help them out. The measures will hurt some of the poorest families.

The hon. Gentleman needs to appreciate that we are not considering some future project—the advice line exists. It was used by 600,000 people last year and it is getting something like a 90% satisfaction rating. Poorer people can be called back so that they do not pay for the call. Those who live in remote areas often greatly appreciate the telephone call, and those who are disabled also much appreciate having access by telephone. I take the exact opposite position from the hon. Gentleman and say that the advice line will help vulnerable people.

Does the Under-Secretary accept that restricting advice on housing matters could result in more homelessness and additional costs to homelessness budgets in local authorities?

No, I do not, because we are not proposing to remove legal aid when imminent homelessness is a possibility. Legal aid will be retained in that situation.

Is the Under-Secretary aware that there is deep resentment in my constituency about the attack on the South Manchester law centre, which is hugely valued, and about the attacks on advice bureaux? Will he understand that the activities of the malign Legal Services Commission will remove access to legal services for people on limited means?

Just to be absolutely sure, neither my ministerial colleagues nor I, as far as I know, have attacked the South Manchester law centre in the right hon. Gentleman’s constituency. If he would like to give me details of exactly what he is talking about, I would be happy to take it up.

Many senior barristers earn hundreds of thousands—if not millions—of pounds from the public purse in the form of legal aid. What plans has the Under-Secretary to introduce a form of cap to stop the funds running to such sums?

We have no proposals to put a cap in place. The amount of work that is carried out will be just that. We are looking at the rates that are paid in certain circumstances, and people’s eligibility to receive advice in the first place.

Citizens Advice, the main provider of face-to-face advice, faces cuts of up to 45% and law centres face cuts of 70%. Legal service funding is an essential part of the income of all law centres and most CABs, but, according to the Government’s own figures, it is being cut by 90%. I welcome the Business Secretary’s U-turn on reinstating debt advice for one year only. Will the Under-Secretary take the opportunity, in considering the many responses to his consultation, to perform his own U-turn and drop his plans to end social welfare legal aid? If not, does he accept that the whole country will become an advice desert, and that he will be known as the man who ended universal access to justice?

Anyone who suggests that there is universal access to justice in the context of access to legal aid has missed, for a start, the restrictions that the previous Labour Government put on access. We need take no lessons from the hon. Gentleman’s party, which, on the day the election was called, cut criminal legal aid by 13%. We take no lessons from him.

4. What assessment he has made of the likely effects of the planned reduction in the legal aid budget on citizens advice bureaux and law centres. (40455)

We published equality impact assessments with our reform proposals. They considered impacts on the not-for-profit sector collectively, but not on individual types of not-for-profit organisation. We are working closely with colleagues across Government to formulate a coherent approach to that issue so that we can encourage and co-ordinate support for the valuable not-for-profit sector.

The reforms mean that people are now expected to represent themselves in an increasing number of proceedings. However, the Government’s figures show that the success rate for people who receive proper legal advice and help before appearing in court is double that for those without representation, even though their cases have equal merit. Given that the Under-Secretary has already mentioned potential cuts for CABs and law centres, how does that fit with the principle of equal access to justice for all?

The hon. Gentleman needs to appreciate that the not-for-profit sector, while being valuable, often offers legal advice in circumstances in which general help is needed. There are many different funding streams, and we are talking about the legal aid funding stream, whereby CABs, for instance, receive only 15% of their funds from the Ministry of Justice. That makes it a cross-departmental issue, which we are taking up on a cross-departmental basis—something that the Labour party failed to do throughout its period in government.

I am encouraged by the Minister’s emphasis on cross-departmental co-operation. Will he assure me that he and his colleagues will do everything they can to maintain the continuation of services such as the Wiltshire law centre and the citizens advice bureau in my constituency, which often find that legal and social issues cannot be distinguished?

My hon. Friend says that some centres find that legal and social issues cannot be distinguished, but that depends on how they are funded. For instance, only 50% of CABs receive any Ministry of Justice funding whatever. That very much depends on whether a centre offers general or legal help. However, I repeat that we realise that advice provision needs to be looked at on a cross-departmental basis. We appreciate that there is an issue for not-for-profits, and we are determined to address it.

Is the Minister aware that the other funding streams he talks about are often from local government to advice bureaux, law centres and CABs? All over the country, they are being decimated. Many valuable voluntary advice services that give not legal advice, but wraparound, general advice, face enormous cuts. Thus, people lose out on benefits and opportunities, and often end up homeless as a result of a lack of appropriate advice at the necessary time.

The hon. Gentleman makes a very fair point, and has clarified a point that I made earlier: there is a difference between general advice and legal advice. We appreciate that not-for-profits have an issue when we consider funding streams all added together. Those who attended the legal aid debate two weeks ago would have heard me make a plea to local government to support the general advice provided by their CABs. I repeat that plea today.

Prisoners (Rehabilitation)

5. What steps he is taking to ensure that prisoners gain the skills and experience required to find work after leaving prison. (40456)

With the Department for Business, Innovation and Skills, the Ministry of Justice is undertaking a review of offender learning, which includes how best to provide learning that will improve prisoners’ employability. The Green Paper, “Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders”, sets out our intention to make prisons places where many more prisoners work and gain employment experience.

I welcome the Government’s emphasis on rehabilitation. Up and down the country, including in Staffordshire, many organisations work very hard and very effectively—and cheaply—on that. Will the Minister agree to meet me and colleagues from Staffordshire to discuss how we can continue to support such organisations?

I will be delighted to meet my hon. Friend and colleagues from Staffordshire. Prisons and probation trusts already work with a large number of community organisations, but the Green Paper makes it clear that we want an ever-wider range of community organisations and individuals to become involved in helping ex-offenders to lead law-abiding lives. The system change that we are making, which I am happy to discuss with my hon. Friends, will enable the big society to help us to deliver a revolution in rehabilitation.

Does the Minister not understand that all his good intentions and fine words will be swamped by the massive spending cuts that his Department is taking? Closing three prisons and cutting the building programme will worsen overcrowding, and cutting 23%—some 10,000—of the front-line prison and probation staff will reduce the number of opportunities for prisoners to train and work. When will he come forward with a credible strategy?

We are about to come forward with a credible offender learning strategy. The budget will remain very much the same as that which we inherited, because we realise that that strategy is a priority. Unfortunately, a significant amount of the money spent under the previous Administration went to waste. If the hon. Lady reads the reports from independent monitoring boards, she will see repeated complaints about the quality of offender learning in prisons under the previous Administration. We will put that right.

Legal Aid

We published impact assessments alongside our reform proposals setting out their potential financial implications. We estimated that the savings to civil legal aid would be around £255 million by 2014-15. Total civil legal aid expenditure was around £900 million in 2008-09.

We all appreciate the need to make savings, but citizens advice bureaux, including the Charnwood CAB in my constituency, play an important role—hon. Members on both sides of the House have drawn attention to their CABs. Mention has been made of the difference between legal and general help. May I suggest that the Minister consider, with the Department for Work and Pensions, simplifying the length of the forms that people need to fill in? The CAB currently helps benefits claimants who sometimes have to fill in forms of up to 52 pages in length.

Yes, I can confirm to my hon. Friend that we are in discussions with the Department for Work and Pensions on exactly that matter, and more generally on improving early intervention, so that preferably people will not need to go to a tribunal at all.

We heard evidence this morning that conditional fee agreements were driving up costs in clinical negligence cases. Will the Minister look again at Lord Justice Jackson’s view that legal aid in such cases should not be cut?

We are indeed doing that. The consultation on Lord Justice Jackson’s recommendations closed yesterday, and we have had a large number of responses. We will look carefully at those over the coming weeks and come back with our response to the consultation. I agree that this is an important matter in terms of legal aid and conditional fees arrangements in so far as half of clinical negligence cases are funded by the former and half by the latter.

On budget savings, has the Minister had a chance to consider how much might be saved in the legal aid budget by not allowing cases of unaccompanied children and young people whose asylum claims have failed to be dealt with under legal aid, and indeed those who have fled domestic slavery? Will he look again at whether the savings derived are appropriate, given the impact that it will have on these categories of people?

In all those circumstances—the hon. Gentleman mentioned a lot quickly—I think that we will be retaining access to legal aid.

Recently, Ministers drew attention to the staggering sum of £38 per head of population in England and Wales being spent on legal aid funding. That figure is £3 in France and £5 in Germany. Will he give us the comparisons with the rest of the regions of the United Kingdom, including Northern Ireland and Scotland?

I can tell the hon. Gentleman that England and Wales spend more on legal aid than anywhere else in the world except Northern Ireland. In Spain, the figure is about £2.50, in France £3, in Germany £5 and in other common law countries it is more like £9 to £11. Some people say that our system is different, but actually other common law countries spend about a third of what we spend on legal aid. After our proposals, we will still be spending more on legal aid than any other country in the world.

Early Release Scheme

8. How many prisoners with convictions for violent offences were released under the early release scheme between 2007 and 2010. (40459)

Between 29 June 2007 and 9 April 2010, 81,578 prisoners were released under the end of custody licence scheme. Of those, 16,335 were violent offenders. The scheme finished last year with the last release on 9 April.

Does the Minister agree that the consequences of the previous Government failing to get a grip on reoffending were that our prisons reached bursting point until the then Justice Secretary had to release prisoners early, thus putting the public at risk?

I strongly agree with my hon. Friend. By failing to plan properly for the necessary prison accommodation, the previous Government were forced to resort to the end of custody licence scheme. More than 1,600 of those 80,000 prisoners released committed further offences while on the scheme, including very serious offences. One of those offences was murder.

How confident are the Government that fast-tracking the release of prisoners with sentences of imprisonment for public protection—IPP prisoners—will not put the public at increased risk of serious crime?

We will take no risks in this respect. All prisoners who have to be released under the IPP scheme will be properly risk assessed. I repeat that the problem with the previous Government’s approach was that these prisoners were released automatically simply because the previous Government had run out of space. However, that scheme was cynically brought to an end just before the last election.

Of the 16,300 or so prisoners whom the Minister mentioned, how many were failed asylum applicants who were not deported?

I am afraid that I do not have those figures available for my hon. Friend. However, there is a separate issue about the number of foreign national prisoners in our jails, and it remains the Government’s policy to seek to remove them on release as soon as possible.

Can the Minister confirm that on four occasions—in 1984, 1987, 1991 and 1996—the previous Conservative Government released prisoners earlier and with far fewer safeguards? Let me also ask him about the early release of prisoners convicted of violent offences. He mentioned that those serving an IPP sentence will be released early. Exactly how many of the 6,000 prisoners currently serving an IPP sentence will be released early, and what criteria will be used?

I am happy to confirm to the right hon. Gentleman that none will be released early and all will continue to be risk-assessed.

Let me ask the Minister to answer this question accurately then. Can he confirm that, as a direct consequence of the cuts that his Department has accepted from the Treasury, there are now fewer programmes for those on an IPP sentence, which means a longer delay before they go on a programme? Can he also confirm that the consequence of the cuts in front-line probation and prison officers will be less rehabilitation while in prison, and that another consequence of the cuts that he has accepted will be cuts to the Parole Board, which will mean a double whammy of more prisoners being released prematurely and less rehabilitation in prison?

The right hon. Gentleman has to get his attack right. One moment he seemed to be saying that we were about to release too many IPP prisoners; now he seems to be saying that we will release too few. Which is it? The fact is that there has been a growth in the number of IPP prisoners. Everybody accepts that IPP sentences have become de facto life sentences and that we have to address that, but there will continue to be a proper risk-assessment of any prisoner released from an indeterminate public protection sentence.

Foreign Prisoners (Translation Services)

9. What assessment he has made of the adequacy of provision of language translation support for foreign national prisoners. (40460)

Translation and interpretation services are provided locally through central contracts. It is for the local prison authorities to determine the extent to which translation services are needed on a case-by-case basis.

Foreign national prisoners constitute about 15% of the total inmate population at HMP Winchester. A constituent of mine who is a member of the local monitoring board has raised concerns with me about the language translation support made available to foreign inmates there, particularly where deportation documents are issued. Does the Minister agree that putting in place efficient translation measures would help to improve the speed and efficiency with which inmates who have served their sentences and are awaiting deportation from our country are moved through the system?

I certainly would agree. We want to make it clear that we want absolutely no administrative hurdles put in the way of deporting foreign national prisoners back to where they belong.

Just for the purposes of planning for language services, will the Minister indicate what changes he expects in either the percentage or number of foreign national prisoners in this country over the next 12 months, so that we can judge his success in deportation?

All I know is that, having inherited the utterly dreadful position that we face—a position for which the right hon. Gentleman bears some responsibility, having held responsibilities in this area in the past—we are determined to make as much progress as possible. He understands, having presided over a doubling in the number of foreign national prisoners in our jails, just how difficult it is to get them sent home once they are here, but we will be making as much progress as we possibly can.

Rehabilitation Policy

10. With which third sector organisations he plans to work to deliver his rehabilitation revolution policy. (40461)

The voluntary sector has a critical role to play in delivering the Government’s rehabilitation revolution. We will open up the market to enable a greater number of independent providers, including from the voluntary and social enterprise sectors, to contribute towards reducing crime and reoffending. We have consulted widely with the sector to develop the proposals in our Green Paper.

Excellent work is being done by local voluntary organisations, such as the Message Trust in Manchester, to help ex-prisoners stay away from reoffending. What can the Minister do to ensure that smaller charities are not excluded by large corporations bidding for payment-by-results schemes?

I want to reassure my hon. Friend that we certainly do not wish the smaller charities to be excluded from the rehabilitation revolution. The organisations that she mentions are not in the pilot scheme that we are running in Peterborough, where the social impact bond involves two key voluntary organisations, and we want that to continue in the other pilots that we are pursuing.

We obviously welcome the rehabilitation revolution, but is the Minister aware that there is concern among prison governors about the increased amount of time that inmates will be required to spend in their cells, thereby being unable to partake in any rehabilitation, because of the cuts to the prison budget? What assurances can he give prison governors that they will not have to increase the amount of time for which prisoners are just banged up?

I am afraid that prisoners were also spending too much time in their cells and not pursuing purposeful activity under the previous Government, when there were increases in spending, year on year. So this problem is not simply linked to spending. We are determined that prisons should be places of work and purposeful activity, so that we can focus on reducing reoffending.

Assuming that payment-by-results schemes get beyond the pilot stage, what commissioning organisations do Ministers envisage deciding between private, public and third sector bidders, and how will the scheme function to provide contracts on a scale that charities and third sector organisations can undertake?

As we set out in the Green Paper, we are consulting on how the five pilot schemes should proceed in various sectors, in order to see how we can make payment by results work. The existing pilot, involving the Peterborough social impact bond, is also still running. Our intentions are to unlock the expertise of the independent and third sectors in order to reduce reoffending, and to examine how the public sector can participate in the schemes.

In the corner of Staffordshire and Cheshire, we have a state-of-the-art community chaplaincy scheme, which has got reoffending down to 12 %, compared with the national average of 70%. In the meeting that the Ministers have promised to have with Staffordshire Members, will they undertake when considering rehabilitation to take account of the best practice shown by that scheme in Stoke-on-Trent?

Those are precisely the kind of schemes whose expertise we want to unlock, and we want to engage more of them where we can. The rehabilitation revolution will provide an opportunity to do that. The key is to upscale such projects and make them more widely available, which is why payment by results offers such an important opportunity.

Human Rights Act 1998

The Government are committed to establishing a commission in 2011 to investigate the creation of a British Bill of Rights. We will make a statement to Parliament on the precise terms of reference and the appointment of the commission in due course.

I thank the Secretary of State for that answer. The Prime Minister has made it clear that he wishes to replace the Human Rights Act with a Bill of Rights, while the Deputy Prime Minister seems determined to defend the Act. Will the Secretary of State make it clear today, once and for all, on which side of the fence his Department sits?

What my two right hon. colleagues agreed on in the coalition agreement was to establish a commission to investigate the case for a Bill of Rights. I am now discussing that with the Deputy Prime Minister and, as I have said, we will announce in due course the terms of reference for the commission that is to resolve the issue.

Yet again, the coalition Government are doing the right thing by looking at a Bill of Rights. The Secretary of State never wastes any time, so will he tell me when the commission is going to report and when we are going to get some action?

We have firmly and urgently committed ourselves to establishing the commission in the year 2011.

Disability Living Allowance (Tribunals)

12. What advice his Department provides to members of tribunals hearing appeals against decisions on the award of disability living allowance. (40463)

The Ministry of Justice does not provide any advice to members of tribunals, because the judiciary is entirely independent of the Government.

Well, I suggest that it is about time the Department did something. It has only to look at the case of Mr Robert Oxley, which I raised at Prime Minister’s question time last month. The Minister would do well to look at the records of the tribunal in Colchester, and particularly at the cases heard by Mrs Hampshire.

I must emphasise to my hon. Friend that it is not for Ministers to adjudicate on judges’ behaviour, because they are independent of the Government. I can tell him, however, that tribunal members undertake annual refresher training, which enables them to carry out their duties effectively. Any appellant who is unhappy with the decision of a tribunal can appeal to the upper tribunal. If an appellant is unhappy with the conduct of the panel, or a member of the panel, they can make a complaint to the regional judge.

The tribunal system is under a lot of pressure, with an average wait of between 11 and 12 weeks. This is not only because of disability living allowance claims, but because more people will be coming into the tribunal service as the Government proceed with their migration of those on incapacity benefit on to employment and support allowance. The system is already experiencing stresses and strains. What are the Government going to do to ensure that people get the correct determination in as timeous a way as possible?

We have been in touch with the Department for Work and Pensions to make sure that we have a better, more seamless system between the two Departments. We have also been dealing with the increase in tribunal hearings, which the hon. Lady rightly brings up, and have increased the number of judges and the number of medical staff. I am pleased to say that it is now within our sights to end the backlog.

Community Sentences

We want non-custodial sentences to reflect more clearly and closely the principles of sentencing. Community payback will be a more definitively punitive disposal—more immediate and more intensive. Restoration to victims will also have a higher priority, with compensation orders to victims becoming the first consideration for sentencers. Public protection will be delivered through curfews and reporting requirements and more flexibility for offender managers to deliver rehabilitation through interventions tailored to the individual circumstances of each offender.

Community sentences are often seen by the public as a bit of a soft option. Can my hon. Friend provide some specific examples of how he will ensure that they are tough enough?

The Green Paper sets out our intention to make community payback more intensive, more immediate and better enforced. We also intend to provide tougher punishment and better public protection by increasing the duration of electronically monitored curfews. The maximum hours might be increased from 12 to 16 each day and the maximum length of a curfew from six months to a year.

Prisoners’ Work

We have set out our intention to make prisons places of work and industry in the Green Paper published on 7 December 2010, and our response to the consultation will be published in May this year. Achieving a significant increase in useful work, which is also economically positive for the Prison Service, victims and rehabilitation, is a high priority for this Government.

Does the Minister agree that we need to get more prisoners working so that when they are released, they are more likely to get back into employment? How many hours does he suggest prisoners should spend working each week?

We would like get to a position where prisoners work an ordinary working week of 40 hours. No one should underestimate the difficulty of making that a reality across the entire prison estate, as prisons have different purposes and a different physical geography in each case. I am absolutely determined, however, to use all our endeavours to maximise the amount of productive work done in prisons. That is why I have said that this is a first-order priority, certainly for this Prisons Minister.

Legal Aid

Our approach to the legal aid reforms has been to focus resources on those who most need help in the most serious cases in which legal advice or representation is justified. I believe that the outcome will be a system that is more responsive to public needs, allowing people to resolve their issues out of court, using simpler, more informal remedies where appropriate, and encouraging more efficient resolution of contested cases where necessary.

My constituency is one of the most deprived in the country and is also 60% non-white. Given that the Government’s cuts to legal aid will disproportionately affect those on low incomes, ethnic minorities, people with disabilities and women, can the Minister explain how his plans for legal aid are in any way fair?

I should point out that people on high incomes do not get legal aid. We need to change behaviour; there needs to be a less contentious approach to the law and early intervention, which means looking at new ideas such as mediation.

With regard to the outcomes of the reforms, particularly in family law cases, will the Minister clarify and confirm that in such cases, divorcing couples’ equity and assets will be taken into account when determining legal aid so that those who can pay do pay?

In public family law, legal aid will remain. In private family law, legal aid will be removed, because we believe fundamentally that the taxpayer should not have to pay for a regular divorce, a contact application or splitting up family assets. People should go to mediation to sort out their problems among themselves—not at the cost of the taxpayer.

I have an example of a case in Sheffield where a 62-year-old grandmother used legal aid to go through the processes she needed to go through to care for her two grandchildren, who were otherwise at risk of going into care. Will the Minister assure me that grandparents in such a situation will be able to do that in future? Otherwise, the cost to the state of caring for small children will be considerably more than that of the legal aid.

What I can tell the hon. Lady is that we do not propose to remove public family law legal aid, and that includes cases in which the state wants to take away someone’s children.

Young Offenders Institutions

16. What plans he has for future funding for training for employees to work in young offenders institutions. (40467)

The juvenile awareness staff programme, known as JASP, is the only training programme that is specifically designed for staff working in young offenders institutions holding those aged under 18. In partnership with the Youth Justice Board, the National Offender Management Service provides JASP training for staff working in public sector young offenders institutions. Funding from the YJB for JASP training is agreed for 2011-12.

I am sure that the Minister shares my concern about the tragic case of Adam Rickwood, who committed suicide shortly after being restrained by youth detention officers when in custody in 2004. Can he assure the House that the savage cuts to his Department will not result in any diminution of safe restraint techniques in such institutions?

Let me take this opportunity to convey, again, our commiserations to the family of Adam Rickwood, who died in such sad circumstances. The short answer to the hon. Gentleman’s question is, of course, yes.

Sentencing Guidelines

Responsibility for the issuing of sentencing guidelines rests not with the Government but with the independent Sentencing Guidelines Council. It is for the council to decide on what matters such guidelines should be prepared for the courts.

I thank the Minister for his answer, but I think that many people outside the House will look to it for leadership on the issue of sentencing. Will he give a clear steer to the council that we must never see a repeat of what we saw last month, when a judge was unable to do what he wanted and send a house burglar to prison because of the sentencing guidelines?

Let me caution my hon. Friend slightly against wholly relying on the account of that case that we read in the press. What we ought to know is that the judge was able to give that individual a very significant community sentence. Indeed, he concluded that a prison sentence would probably have been a rather lighter punishment, given all the conditions involved in the community sentence. However, the House will have an opportunity to make its views heard in due course when a sentencing Bill is introduced.

Employment and Support Allowance

19. If he will bring forward proposals to reduce the time taken by tribunals to determine the outcome of appeals against work capability assessments for employment and support allowance. (40471)

The Tribunals Service has already acted to increase its capacity to dispose of more appeals. It expects to return to normal levels of work in hand for employment support and allowance appeals by the summer of 2011.

In Chippenham, 50% of such appeals are consistently upheld. Those cases need never have arisen if the Government’s assessor, Atos Healthcare, had had a sufficient incentive to get the decisions right in the first place. The cost to the Department and the taxpayer was about £10 million last year. Will the Minister discuss with the Department for Work and Pensions mechanisms by which the liability could be transferred from the taxpayer to the Government’s contractor?

I can confirm that the Department for Work and Pensions has worked to improve the quality of the original decision making and its reconsideration process so that only appropriate appeals filter through to the Tribunals Service. I am in regular contact with the Department to discuss the matter.

Bribery Act

20. Which organisations he consulted in preparing guidance on the implementation of the Bribery Act 2010. (40472)

I thank my right hon. and learned Friend for his comments on statutory guidance. During the Committee stage of the Bribery Bill, there seemed to be little appreciation among Labour Members that there were such things as legitimate promotional activities for companies. Will he ensure that the guidance is both clear and practical?

I agree with my hon. Friend. My hon. Friend the Member for Huntingdon (Mr Djanogly), who is now Under-Secretary of State for Justice, led for the Opposition at that time, and I believe that it was Conservative Members—including my hon. Friend the Member for Henley (John Howell)—who raised the problems that could be posed for legitimate businesses. It is because of those problems that we need the guidance, and the guidance must make it absolutely clear that ordinary, legitimate promotion—hospitality and similar activities in which people engage in order to project the quality of their company and its products or services, and to establish personal relationships with clients and customers—is all part of international trade. The Bill can be used to tackle corruption without damaging British business at a time of, we hope, revival in our international trade.

Prison Estate

21. What plans he has for the future of the prison estate. Our current plans are to build the prisons to which we are contractually committed, and we recently announced the closure of three prisons. The Ministry of Justice recently published a Green Paper outlining proposals for reforms to sentencing and rehabilitation. We are considering our long-term strategy for prisons in the light of these policy developments. (40473)

I thank the Minister for his answer. Is it possible to give an update on the planned closure of Lancaster Castle prison, particularly in regard to the redeployment of staff and future use of the castle?

The Ministry of Justice is in discussions with the Duchy of Lancaster, which owns the castle, regarding its future use after its closure as a prison. All staff at Lancaster Castle will be either redeployed to other establishments, retained at the prison to provide ongoing maintenance or offered the opportunity to leave the service on voluntary exit terms.

Can the Minister tell the House what proposals his Government have for the future market testing of existing prisons in the UK?

We inherited a competition strategy from the last Administration, which is continuing. The strategy is being applied to prisons that are currently in the public sector, particularly Birmingham.

HM Courts Service

23. What recent progress his Department has made in recouping outstanding financial penalties that remain uncollected by HM Courts Service. (40475)

We have published impact assessments and equality impact assessments alongside the legal aid consultation, and these set out in detail what we think the effects of the proposals might be. We must face up to tough choices, and our proposals focus resources on those who need help most for the most serious cases in which legal advice and representation are justified.

I think that was the wrong answer to my question.

I hope the Secretary of State has made progress in collecting the money that criminals have been fined, and may I ask that once we have collected some of the money and we have made a contribution to reducing the deficit, we increase our prison capacity?

The Minister delivered his answer with admirable force and self-confidence, but I think it suffered from being the wrong answer, as he was, perhaps, not expecting to be responding to this question. If he can provide us with the right answer to the question now, we will be very grateful.

I think the appropriate answer in the circumstances, Mr Speaker, is that we will look into this issue and get back to the House.

Topical Questions

May I begin by making a topical statement, Mr Speaker?

Hon. Members will know that I am determined to deliver much overdue reform to the way in which the criminal justice system operates. Every year, 1.8 million criminal hearings and trials take place. The police, judiciary and others far too often find that the bureaucratic, inefficient system works against their best efforts, rather than for them. It is immensely frustrating that, for example, the key people in the system—the police, prosecutors and probation staff—are often unable to e-mail each other the crucial information they need to bring a prosecution; it all has to be done in hard copy. The average straightforward case heard in the magistrates courts takes 19 weeks from the offence being committed to the case concluding, and only four out of every 10 trials in the magistrates courts go ahead on the planned day. We cannot afford to maintain this sort of system that wastes the time of the police, victims and witnesses.

I am therefore working on radical plans to modernise and reform the criminal justice system and reduce these bureaucratic failings with my right hon. Friend the Home Secretary, my right hon. and learned Friend the Attorney-General, the judiciary, the criminal justice agencies and my right hon. Friend the Minister for Policing and Criminal Justice, who will take the lead role in co-ordinating our efforts. I look forward to receiving any representations on the subject and will report back to the House in the summer.

Order. I would be grateful if the Secretary of State did not also lay out the plans in the course of his answer.

I thank my right hon. and learned Friend for his very full answer. Many young offenders are drawn into a cycle of crime that sees them spend many years of their life in detention. What steps does he think will help young people to get a second chance?

The first thing is to have increased early intervention to avoid their needing a second chance in the first place. Then we need to ensure that young offenders are offered more of an opportunity to pay back their victims and communities, and to incentivise local partners to reduce youth offending and reoffending by using new payment-by-results models.

In this Saturday’s excellent Mary Riddell interview in The Daily Telegraph, the Lord Chancellor said:

“I slightly expect that some crimes will go up”.

I remind the House that in times of both growth and recession between 1997 and 2010 the level of crime consistently went down. I know that he is neither sloppy nor complacent, so can he tell the House what crimes he thinks will go up, why he thinks they will go up and what he is going to do about it?

During the period of the Labour Government, to which the right hon. Gentleman refers, acquisitive crimes against property fell particularly sharply. That was because of the growth of the economy and the boom, among other matters; these things are not too simple. The biggest fall in crime achieved when Labour was in office was on vehicle crimes, because the vehicle manufacturers greatly improved the security of the vehicles and made this more difficult. In this contentious and not simple area of what causes crime and what does not, I have always been inclined to believe that in times of recession the level of crime against property is likely to rise and in times of growth it tends to fall. That is why I have to be prepared to accommodate however many people are sent to us by the courts. What we are doing about it is making what I hope is a more effective system of preventing crime and of diverting people out of crime but punishing severely those who commit it.

T2. According to Ministry of Justice figures, only 44% of people convicted of burglary offences actually get immediate custodial sentences. Does the Secretary of State think that that figure is about right or does he intend to take legislative steps to increase it? (40479)

As the Under-Secretary of State, my hon. Friend the Member for Reigate (Mr Blunt), said in reply to a question a moment ago, sentencing is a matter for the Sentencing Guidelines Council and for the judges, who hear all the facts of the case; they can hear a victim’s statement and they can hear mitigation for the accused. We keep an eye on percentages, of course, but the sentence in each case has to be the appropriate sentence for the facts of and the offender in the case. Although burglary is a serious offence that normally attracts imprisonment, it covers a wide range of circumstances, from someone breaking in with a hood over his head in the middle of the night to someone walking through an open door grabbing a knick-knack and running out through the door again. So we have to leave it to the judges.

T6. Has the Secretary of State considered carefully the representations that he will have received concerning clause 151 of the Police Reform and Social Responsibility Bill on universal jurisdiction? He will be aware that restricting access to the British courts in respect of crimes against humanity committed anywhere in the world will send a very bad message to the rest of the world and will make this country a more pleasant place for war criminals and those who have committed crimes against humanity to try to come to. (40483)

I must make it absolutely clear that the Government are not reducing, in any way, the importance we attach to the proper enforcement of the law against those guilty of war crimes or crimes against humanity. We are making a slight change to the circumstances in which a citizen can obtain an arrest. The prior approval of the Director of Public Prosecutions will be needed, in order to make sure that there is a reasonable prospect of prosecution in the case; that is not where we are at the moment. I assure the hon. Gentleman that nobody on either side of the House wishes to see this country downgrade the importance we attach to enforcing crimes against humanity and war crimes.

T3. It is reported that about 70% of prison inmates are believed to have two or more mental health conditions and that about one in 10 prison inmates have a serious mental health problem. What steps are the Government taking better to identify and help prisoners with mental illness? (40480)

As we made clear in the Green Paper, we will, with the Department of Health, have invested £50 million by 2014 in establishing a liaison and diversion service, both in the police stations and in courts, to ensure that people who should more appropriately be treated in the health service do not go to prison. Of course prisons and secure mental hospitals will remain the appropriate place for offenders who have committed serious offences and pose a risk to the public. Prison health services will continue to provide care and treatment for the majority of prisoners with mental illness, with the additional support of specialist mental health inreach teams.

T7. On the planned national diversion service, will the Minister tell the House who will provide the mental health assessments in police stations and courts that will be necessary for that service to work? Have the necessary provisions to provide that service been included in the budget? (40484)

Those assessments are a matter of health rather than justice, so the Department of Health is leading on establishing the liaison for diversion services.

T4. How does the Lord High Chancellor envisage promoting the big society in his Department, particularly in terms of shop theft and having some kind of community payback in relation to those who have stolen from society in that way? (40481)

I am very grateful to my hon. Friend who has done particularly good work in this area in getting policy changes under the previous Administration. We want to make restorative justice and compensation orders the first point of departure for such offences so that offenders are able to make good to their victims.

T8. Will the Minister reconsider his original thinking on the definition of domestic violence and the evidential requirement when deciding whether to make legal aid available in family law cases? (40485)

I have to tell the hon. Lady that we have just consulted on this—the consultation ended yesterday—and that we will consider carefully what people have said. We put a definition of domestic violence in the Green Paper and we will look carefully at how people have commented on that.

T5. In an effort to save legal aid, and following the vote in the House last Thursday, why not now exclude expressly from any legal aid application prisoners who seek to claim compensation from the Government for not having the right to vote? (40482)

As I understand it, the likely level of compensation would mean that prisoners making such claims would not be eligible for legal aid in any event. However, that will not prevent the situation with no win, no fee arrangements, as a substantial case list is being created by solicitors touting for custom.

The whole House will be aware of the worst scenes of poverty in America. Will the Minister with responsibility for legal aid think again? Currently, both local authorities and his Department are cutting the money available for advice. Where will the people of Haringey, the constituency in which the baby P and Victoria Climbié cases occurred, get that advice?

Let me tell the right hon. Gentleman that citizens advice bureaux and not-for-profit organisations have been able to do legal aid work for only 11 years. Before that, they just gave general advice. He must appreciate that when the previous Government allowed those organisations to do legal aid work, they did not look at the matter holistically. They did not look at the various funding streams coming together or at the waste in the system. Now that the money has gone, we are having to look at those things.

T9. I was delighted to hear over the weekend that the Department for Business, Innovation and Skills has managed to find an additional £27 million to pay for CAB debt advisers. Could any additional funding be found by the Ministry of Justice for groups such as the Brighton housing trust in my constituency, which plays an important role in providing housing advice of the kind that, if it is not dealt with at an early stage, ends up costing— (40486)

Yes, we are looking at various early interventions in relation to housing, welfare benefits, special educational needs and, importantly, private family law.

The Minister recognises that there is a need for advice on debt, benefits, housing and many other things. The problem faced by the constituents of Members on both sides of the House is that although the cuts to legal aid are happening now, his proposed solution seems a long way off. What is going to fill the gap?

We accept that there are issues in terms of funding because a lot of advice is given as general advice and is mainly funded by local councils. We are in discussions across government about how we can approach the matter holistically to make sure that such provision stays in place.

Does the Secretary of State agree that increasing the number of people in our prisons should not be an end of Government policy in itself, but rather that the prison population should reflect the number of indictable crimes committed?

I entirely agree with my hon. Friend, although determining how many prisoners we should have can become a completely false argument, as that is determined in any event by the courts reacting to the level of crime and proposing appropriate sentences. We are determined to use prisons so that not only do they punish the offender, but, where possible, we can increase the number of offenders who are persuaded to give up crime when released and cease to offend thereafter, which will reduce the number of victims. I think that the approach taken by the Under-Secretary of State, my hon. Friend the Member for Reigate (Mr Blunt), is the common-sense approach and in the public interest.

The Lord Chancellor should not allow himself to be pushed around by The Sun newspaper. Does he agree that the cause of public justice would be best served if News International spent less time traducing the characters of Ministers and more time revealing to the Metropolitan police the contents of the e-mails held in the data warehouse in central London?

I shall try to avoid following my right hon. Friend the Secretary of State for Business, Innovation and Skills in answering that question. Kelvin MacKenzie could confirm to the hon. Gentleman that I have not been pushed about by The Sun for as long as either he or I can remember.

I was amused to read the article by the leader of the Labour party in The Sun this morning, remembering his resounding promise not to try to out-right the Conservative party on the subject. I was reminded of an article by Tony Blair published just before the 1997 election and entitled “Why I Love the Pound”. When I read the Leader of the Opposition’s article this morning, I was relieved to see that he listed many things on which he agrees with me and did not indicate a specific area where he committed himself to doing anything different from what the present Government are doing.

Crawley court house in my constituency deals with a large number of cases, including those emanating from Gatwick airport. Will the Minister agree to meet local magistrates, my local authority and me to see whether the court house could be part of a major town centre redevelopment that is shortly to get under way?

Will the Secretary of State think again about the compounding impact of the legal aid cut and Lord Justice Jackson’s proposals on victims of criminal negligence? It would be wrong for injured parties to have to fend for themselves, and if they pay for the compensation and the costs of cases, the wrongdoer will be getting away, which would be unfair.

The hon. Gentleman makes it clear that Lord Justice Jackson’s proposals and our legal aid proposals are being run in conjunction. We were very concerned that they should so that practitioners would be able to compare the two—that is especially relevant in cases of clinical negligence—so we will be doing exactly that.