The Attorney General was asked—
Crown Prosecution Service: Victim and Witness Support
Prosecutors can apply for special measures to allow victims and witnesses to give evidence in court unseen by the defendant. The Government are making available the opportunity for vulnerable witnesses to give pre-recorded evidence without going into a courtroom at all. In addition, recent CPS guidance, now implemented nationwide, makes it clear what prosecutors can do to explain what is likely to happen at court, so that victims and witnesses can better understand the trial process and give the best evidence they can.
I am encouraged by the Attorney General’s words, but half of all cases going through the courts at the moment are connected with sexual abuse, and with police investigating no fewer than 70,000 claims of historic child sex abuse this year alone, that figure is likely to remain high. Given the traumatising impact on historic survivors and children especially of reliving their experiences in the witness box, what additional measures are being taken to make the process less intimidating and ensure that appropriate counselling services are readily available?
I agree with my hon. Friend. It is important that the system does all it can to reduce the effect, particularly on vulnerable witnesses, of giving evidence in these difficult cases. That is why I am delighted that my right hon. Friend the Lord Chancellor has decided to extend what I believe was a successful pilot of pre-recorded cross-examination. It means that vulnerable witnesses, particularly children, can give their evidence outside a courtroom environment and have it all done and dusted before the trial begins, which also means that they are not affected by any delays that the trial may then be subject to. That is hugely important, as is the opportunity for prosecutors to speak to witnesses and explain what is going on, and I am pleased to say that that has resulted in much improved satisfaction rates among witnesses for the support they get from the CPS.
I will have to write to my hon. Friend with the figure he asks for, but I entirely agree with his comments about the NSPCC. It is worth noting that a variety of organisations assist tremendously in the work of the criminal justice system in making sure that all witnesses can give their best evidence. That is in the interests of the whole system, and it is particularly important when we are dealing with children.
I have only attended one trial—a murder trial—where, in the summing up, the family of the young lady who had been brutally murdered had to listen to an absolutely appalling character assassination. It was totally fraudulent, but they had to sit there and listen to that. Has anything been done to stop that horrible practice?
I understand entirely the point that the hon. Gentleman makes. He will recognise that in a criminal trial it is necessary that the defence case is put. That is what we need to see to make sure that the process is fair, but we are doing what we can to ensure that the experience of those who are in court not of their own volition—because they are the victim of an offence or a witness to it—is as easy as it can be, although we accept that it will never be wholly easy.
Will the Minister outline what steps have been taken to address the 2015 report by Her Majesty’s inspectorate of constabulary and Her Majesty’s Crown Prosecution Service inspectorate, which revealed that some vulnerable people are being let down by the inconsistency of approach to criminal case file management, and will he say how successful those steps have been?
I recognise the point that the hon. Gentleman makes. This was a troubling report in some ways. One of the most troubling aspects is the way in which victims of crime in particular are communicated with by the CPS—the language used and the sensitivity shown. My hon. and learned Friend the Solicitor General and I have been particularly keen to ensure that the CPS takes those lessons on board and acts on them, and I am confident that it is doing so.
My hon. Friend makes a good point. There are many people within the system, both defendants and witnesses, who have mental health difficulties and it is important that the system is sensitive to that. What we need to do is understand better what the particular needs of each witness may be and then respond to them as best we can. The way to do that is to have the maximum number of tools available and ways in which evidence can be given, whether that is pre-recorded cross-examination, as I have mentioned, or the assistance of others in court who can help those who give evidence.
What is important is that the court and in particular the jury can assess the evidence that a witness gives, so it is important that that witness is able to give evidence in a clear way, so that a jury can assess whether they think that witness is telling the truth or not. Anything that gets in the way of that, I am sure the court will wish to consider very carefully.
Unduly Lenient Sentences
We committed ourselves in our manifesto to extending the scope of the scheme. As a first step, my right hon. Friend the Home Secretary announced that we would extend it to sentences in the Crown court for terrorism offences, and we are working with her to implement that.
I am grateful to my hon. and learned Friend for confirming that our manifesto commitment is still on track, but I should also be grateful if he was a bit more specific about the dates on which we might be able to make some headway, because these reforms are long overdue.
My hon. Friend is right to press the Government for a commitment to action. Work is being done with the Ministry of Justice, and both the Attorney General and I are committed to ironing out the obvious inconsistencies in the system, which cause understandable frustration among victims and their families.
The number of sentences continues to increase. In 2015 we considered 713 requests, but of 80,000 passed in England and Wales in that year, only just over 100 were varied by the scheme. I think that that represents a vote of confidence in our judges and magistrates.
Hate Crime: Non-UK EU Citizens
The Government are working closely with the police, the Crown Prosecution Service and community organisations to monitor any changes in hate crime levels, and we will continue to do so after the triggering of article 50. However, it is not possible to predict prosecution trends, and the data on the nationalities of victims are not disaggregated.
What steps is the CPS taking to improve the conviction rate for hate crimes against disabled people? Does he support the call by the shadow Solicitor General, my hon. Friend the Member for Torfaen (Nick Thomas-Symonds), for parity in the treatment of all protected characteristics in the aggregated offences regime?
The hon. Gentleman will be glad to know that rates of disability hate crime prosecution continue to rise. The rise last year was 41.3%, the conviction rate for hate crime being just over 83%. The total number of hate crimes prosecuted last year was 15,442, which is the highest number to date. I do, of course, take very seriously the helpful and sensible submissions made by the shadow Solicitor General.
As we know, in an age of social media it has become all too easy for perpetrators to spread hate and intimidation. The Crown Prosecution Service takes very seriously offences which cross the line to constitute grossly offensive communications, and prosecutions take place regularly. We will continue to work with social media to ensure that the detection of such crimes can be improved.
Legal Costs: Article 50
The case that concluded in the Supreme Court last week dealt with an important constitutional issue. It was absolutely right that the Government both defended their position and appealed against the first-instance judgment in England and Wales to the Supreme Court, where the case was heard alongside connected litigation from the Northern Ireland courts. The figures for the total costs of those cases will be published in due course, but I can confirm that the Advocate General for Scotland and I, who appeared on behalf of the Government, received no additional fee for our work on the case.
I thank the Attorney General for his response, although I am not sure that we have got any closer to learning the figure. Given that every serious legal commentator in the land said that the Government’s appeal was doomed to fail, will he please explain to the House why it was so necessary to waste taxpayers’ money on funding the appeal?
I am afraid that I do not agree with the hon. Gentleman’s premise. Let me point out a number of things to him. First, I think that the Supreme Court of the United Kingdom is the right place in which to decide a case of such significance. Secondly, if the Government’s arguments had been as hopeless as the hon. Gentleman suggests, three Supreme Court justices would not have agreed with them. Thirdly, as I have already pointed out, the case was in the Supreme Court partly because judgments in Northern Ireland cases were appealed against to the Supreme Court, not by the Government but by the other parties. The Government responded to those cases, and, incidentally, were successful. Fourthly, the Supreme Court was dealing with arguments presented by the devolved Governments, which had to be dealt with by the Supreme Court. In that instance, the Government were again entirely successful.
Lastly, let me say this to the hon. Gentleman. I think it is a good thing that, in a system governed by the rule of law, a Government are prepared to go to court to argue their case, to make use of appeal mechanisms like any other litigant, and then to abide by the final outcome. That is what has happened, and I think it is a good example of the way in which a rule-of-law system should work.
Does my right hon. and learned Friend agree that when members of the public bring cases on a matter of this importance against the Government in Northern Ireland and in England and Wales and there are conflicting decisions, our Government have no alternative whatsoever but to pursue this matter to the Supreme Court?
I do agree. It is important that the Supreme Court resolved this matter and gave us clarity on what should now happen, and it is now for Parliament to decide what to do next—and I am pleased to see that last night Parliament began to answer the question it had been posed.
I take the hon. Gentleman’s point. This will be an expensive case, but the answer the British people gave should be respected and acted upon, and that, as I say, is now a matter for Parliament—it is no longer a legal matter—and I hope very much that Parliament will answer it clearly.
The Attorney General maybe needs to think again about some of the dubious shorthand that he uses in respect of the devolved cases. The Supreme Court really only made clear judgments in relation to two of the five matters that were referred in relation to Northern Ireland, and on one of them some of its observations are politically telling in ways that the Government are yet to respect.
The other three issues were not determined because they did not need to be, as other aspects of the case were decided as they were. But I am afraid the position is very clear: in relation to the arguments being made, particularly by the devolved Administrations, that there should be the capacity for those Administrations to veto the process of leaving the European Union, the court simply did not agree and rejected those arguments unanimously.
I think the whole House would like to know that we got value for money in that judgment, and of course there are lots of rights and obligations in many Acts of Parliament and it is the courts’ job to interpret them. Can the Attorney General explain why the Supreme Court held that the Sewel provisions in an Act of Parliament were not a matter for the courts?
I am sure that the hon. Gentleman will read the judgment carefully: it says that whereas the Sewel convention might be important politically, it is not a matter for the courts to enforce. That was perfectly properly for the Supreme Court to say. What respect the Sewel convention is given in political terms is of course not a matter for the court. The judgment made that clear.
If the Government were genuinely motivated to spend this money by wanting a definitive answer from the courts on a constitutional question, why did they not thank the judges in the divisional court in November for such a clear answer, instead of being in a position where the Justice Secretary had to be pressured into giving a lukewarm defence of them?
No, the Government have always been clear that, at every level, the courts are entitled to consider the cases brought to them and to reach whatever judgment they think appropriate in the light of the arguments they have heard. That was true in relation to the High Court and it is true in relation to the Supreme Court, too. But the hon. Gentleman knows, as an eminent lawyer himself, that the appropriate thing to do if we disagree with the court of first instance is to appeal the judgment. That is exactly what the Government did, doing exactly what any other litigator would do—and, incidentally, exactly what some litigators in this case did in Northern Ireland.
Is it not absolutely remarkable that we have significant numbers of litigants in person in our courts because of the Government’s legal aid cuts, yet when the Government wanted a lawyer, the money was found? Is it not the case in terms of access to justice that there is one rule for the Government and another rule for everybody else?
I am tempted to point out that, as I said earlier, when the Government wanted a lawyer, two out of the three they used in the Supreme Court did not cost the taxpayer anything. I also point out to the hon. Gentleman that when cases like this one are brought—and I make no criticism of those who brought these cases so that these issues could be resolved—it is important that they are resolved through proper and full legal argument. That was done through the High Court and then the Supreme Court. That is the right way to get to the answer the Supreme Court has now given, and, as the hon. Gentleman knows, I have made clear very many times that the Government will honour and respect the judgment of the Supreme Court.
War Crime Investigations: Syria and Iraq
UK nationals can be prosecuted in our domestic courts for genocide, crimes against humanity and war crimes that have taken place abroad. My hon. Friend will know that the UK Government are also working with other Governments to explore international legal mechanisms whereby Daesh can be held to account for its crimes.
It appears that no steps are currently being taken by the International Criminal Court to pursue prosecutions for crimes against humanity or genocide in Syria and Iraq, despite a substantial vote in this House advocating such action. Is the UK taking any steps to use its own legal competences to prosecute UK nationals who might be committing such crimes in those countries?
My hon. Friend will know that the UK Government sought to pursue a route whereby the International Criminal Court would consider offences of this type committed in Iraq and Syria, but that our approach was vetoed by the Russians and the Chinese, so there has been no lack of effort on the part of the United Kingdom. In relation to domestic law, we will certainly pursue those offences as and where we can. She will also recognise that the primary practical difficulty is that of obtaining the necessary evidence, and we are working at international level to determine how evidence can be properly collected and retained in theatre so that it can be used for prosecutions when the time comes.
Women and Equalities
The Minister for Women and Equalities was asked—
Statutory Sex and Relationships Education
The Government want to ensure that all schools are safe, inclusive environments where pupils can fulfil their potential, and we are actively considering how to improve the delivery of sex and relationships education, including updating the existing guidance, which was originally drafted in 2000.
New clause 1 of the Children and Social Work Bill would make sex and relationships education compulsory under the safeguarding duties of schools. Will the Minister confirm that the Government will be supporting that new clause on Report so that all our young people can be equipped and empowered to keep themselves healthy and safe?
I very much appreciate the support around the House for the fact that it is time to look at how we can do better in regard to sex and relationships education, and we are actively looking at how best to improve the quality of delivery and accessibility so that children can be supported. As the Minister for Vulnerable Children and Families, my hon. Friend the Member for Crewe and Nantwich (Edward Timpson), has set out, the Government are committed to updating Parliament further during the passage of the Bill.
Police information released today by Barnardo’s shows a 73% increase in reports of children sexually abusing other children. We know that children are not being effectively taught in our schools about mutual respect, self-respect and consent. Will the Minister consider particular amendments to the Children and Social Work Bill that would address those issues? We are running out of time and letting children down.
I have said that we will provide an update during the next stage of the Bill, but my right hon. Friend is right to suggest that a lot of time has elapsed since the guidance was drafted in 2000, and the world is now a very different place. It is time to look at how we can ensure that children have the right access to what I might rename relationships and sex education, and to ensure that it is high quality education. That is why it is right to ensure that the next steps we take are the right ones, and that they can move this forward for the long term. We need to ensure that the young people in our education system today leave school with not only the relationships education but the broader life skills they need to lead successful lives.
Will the right hon. Lady take on board the fact that successive Select Committees have looked at this matter, and that it is vital not only that every school offers this kind of education but that, critically, we train people to have the right skills to deliver it?
I have said that we need to make progress on this, and I have reflected on the fact that there have now been 16 years in which we really have not done so. When Ofsted produced its recent report on this in 2013, it identified issues around the quality of teaching. As the hon. Gentleman says, this is not just about what our young people should be taught in schools and their access to that teaching; it is also about the quality of the teaching. This is a broader question than simply one of updating the legal perspective of where SRE is taught.
There is a worrying trend among people on the left of both sides of the House that things that they do not like should be banned and that things that they like must be made compulsory. What is wrong with the principle of freedom? What is wrong with parents having a role in deciding what is appropriate for their children to be taught?
I strongly agree that parents’ involvement in ensuring that what children are taught at school is acceptable to them and appropriate is vital. However, the most important voices that now need to be listened to are those of young people and children, who say that they do not feel that they are getting the necessary level of education in this area and want a more up-to-date approach to enable them to deal with the world in which they are growing up.
More than half of lesbian, gay and bi pupils have experienced direct bullying, and LGBT people are twice as likely as heterosexuals to have suicidal thoughts or to have attempted suicide. The Minister will be aware that people are committing terrible homophobic and hate crimes online—crimes for which they would be held accountable offline. The “#no2LGBTHate” campaign is calling on Twitter to take action against users who spread homophobia on the site. Does the Minister support the campaign? What is she doing to tackle homophobic hate?
It is important that we support campaigns that are trying to play a role in reducing LGBT bullying. In September last year, we set out a £2.8 million programme to invest in charities that are working to prevent and address homophobic, biphobic and transphobic bullying in schools in England. The Government have launched their own “Disrespect NoBody” campaign to help young people recognise and challenge abuse within teen relationships. It is important to work in schools to change attitudes due to, as the hon. Lady sets out, the level of discrimination and abuse that many young people say they have received.
I am pleased that the Government are considering the views of charities, campaigners and Members of this House in introducing statutory relationship education. Will my right hon. Friend update the House on plans to update the statutory guidance, which was last updated when I was the ripe age of 13?
I did not realise that my hon. Friend was quite that young. He sets out the serious point that the world has changed immeasurably since 2000. Children now learn about relationships in different ways, but the challenge is that they are learning about them in ways that give them a skewed, inaccurate view of what relationships are about. It is important to look at how we can ensure that the guidance genuinely works and reflects the world as it is today, therefore giving ourselves and our children a better chance to get the education that they need.
Will my right hon. Friend have a word with our excellent Secretary of State for Education and identify the best schools in the country that tackle homophobic bullying and sexual harassment together with the parents of their pupils, and roll out that best practice across the country?
I will not comment on that, but my hon. Friend is absolutely right that many schools are doing that—I visited a school in Birmingham that is doing great work in this area. Excellent work is under way, but it is now time to look at how we can learn from what works and see that percolate through our school system so that all schools can do a better job for all children on teaching SRE.
Gender Pay Gap
The gender pay gap is now the lowest on record, at 18.1%, but that is still too high and eliminating it altogether is one of the key targets of this Government. That is why we have extended the right to request flexible working and introduced shared parental leave, and it is why, from September, we are rolling out 30 hours of childcare to the working parents of all three and four-year-olds.
I thank the Minister for her reply. Does she agree with the overwhelming evidence suggesting that the £1,200 employment tribunal fees introduced by her Government are creating a significant barrier to women being able to hold their employer to account for gender pay disparities in the workplace? That is all women, not just low-paid women.
The Government take that very seriously, and my right hon. and learned Friend the Minister for Courts and Justice will be coming forward with more information shortly. The Government are committed to ensuring that people from all backgrounds can access justice. Although we are very keen to see much more in the way of mediation, and ACAS has dealt successfully with more than 80,000 cases without having to go to tribunal, on Tuesday we launched a consultation on proposals to widen the support available to people under the help with fees scheme, following the completion of the fees review.
It is vital, now more than ever, that our economy is able to benefit from everybody’s skills. We simply cannot afford to waste the talents of a single person. That is why, from April this year, we are requiring all employers with more than 250 staff to publish those gender pay gap figures. We are great believers in what gets measured gets managed, but what gets published gets managed even better.
Can my hon. Friend tell the House what the gender pay gap is for 30 and 40-year-olds in each Government Department? Does she agree that the Government should be getting their own house in order before trying to lecture others in the private sector?
I am delighted to tell my hon. Friend that the gender pay gap in the Department for Education is only 5.9%. Although that is 5.9 percentage points too high, it shows enormous progress in the Department for Education. Across Government, the figure is just below 13%, and we will keep working until it has been eliminated altogether.
Yes, I think we can all agree that it has been a long old time. My right hon. Friend the Member for Chelmsford (Sir Simon Burns) is right to point this out. We have legislation that stops people being paid differently for doing the same job, but what drives the gender pay gap is the fact that girls tend to go into lower paid sectors compared with men and, of course, the pay gap really kicks in at around 30 and 40 when women leave work to have children and may not be supported back into the workplace as well as we would want. That is why gender pay gap reporting is so vital.
Racially Motivated Incidents
I hope I can say on behalf of the entire House that all Members are clear that hate crime of any description should not and must not be tolerated. We have been working with the police, EU embassies and community groups to monitor the situation, to provide reassurance and to encourage reporting of racist incidents. Recorded hate crime has now fallen to pre-referendum levels. Police force areas continue to monitor racist incidents on an ongoing basis to ensure that any increases are addressed at the earliest opportunity.
I thank the Minister for that answer. Across the UK we saw a rise in hate crime and religiously aggravated offences following the referendum—it was 41% higher in July 2016 than in July 2015. Will he inform the House of what provisions have been put in place to avoid any repetition specifically in relation to the triggering of article 50?
There are a couple of points to make to the hon. Gentleman. We have put in place the Government’s new hate crime action plan, which is taking a number of steps, for example, to boost reporting. There is also new guidance for prosecutors and a new fund to ensure that we have protective security measures and additional funding in place for community organisations so that they can tackle hate crime. I also gently say to him that the Labour party should look carefully at this morning’s CST report, which clearly indicates a 36% rise in totally unacceptable recorded anti-Semitic crime, related directly to the problems in the Labour party.
I thank my right hon. Friend for mentioning the CST report. Clearly, the concern of the Jewish community in this country is that hate crime against Jews is on the rise. He has seen the report and the whole community wants to know what he is going to do about it, so that we stamp out anti-Semitism, once and for all.
My hon. Friend makes a good point. As I have outlined, it is important that we stamp out all forms of hate crime, which is why that action plan was put in place in July by the Home Secretary. We also all need to look at ourselves. It is clear when we look at the CST report that although we should be pleased about people having the confidence to come forward to report crime—the increase in recording is good—a rise in hate crime of any description, particularly a 36% rise such as this one, is disgraceful. I hope Members from across this House will be doing all they can to stamp that out.
The Minister will be aware that the European Union has been a beacon of hope and a key proponent of equality for citizens’ rights across the globe. Will he categorically confirm to the House not only that the discrimination laws and rights bestowed upon people across the UK will be upheld following a UK exit from the EU, but that citizens living in the UK will not be left behind and have their rights taken hostage by Brexit?
We have been very clear all along that we want not only to stamp out hate crime, but to play an important part in this with our partners right across Europe. Indeed, in the autumn, I spoke at the EU Council on this very issue, and aside from the Commission, we were the only ones from any country to talk about it. We should be proud of the fact that this country has some of the toughest laws in the world on hate crime. Just a few weeks ago, on 19 January, we hosted some 19 countries’ embassies to talk to them about what we are doing and what can be done further to drive out hate crime.
Violence against Women and Girls
Sexual harassment and sexual violence in schools is totally unacceptable and should not be tolerated, and I pay tribute to the fantastic work of Girlguiding UK, which is tackling this important issue. We are working with it as we take forward the commitment we made in response to the Women and Equalities Committee inquiry on sexual violence and sexual harassment in schools to review existing guidance and then to look at what further support we can put in place for schools.
Tackling all forms of bullying, including cyber-bullying, is a priority for us. We are investing £1.6 million over two years directly in anti-bullying initiatives, including via the Diana award project, which has a focus on digital resilience for young people. The Government have also funded the UK Safer Internet Centre to develop new cyber-bullying guidance for schools and an associated online safety toolkit. My hon. Friend’s question highlights the fact that the world is a very different place for our young people these days, and our guidance, laws and teaching need to stay up to date.
I have set out my feeling that it is time we look at the guidance that is in place and how we can improve the teaching. That is the right thing to do. We will set out our next steps at the next stage of the Children and Social Work Bill, but we are already doing other things, too. We have already held our first advisory group on looking at updating our guidance on tackling bullying. Through that and the frameworks we have in place, we hope that we can help schools to develop improved codes of practice to combat bullying, too.
Will the Minister confirm that there is co-operation at a comprehensive level, particularly with uniformed organisations such as the Girls Brigade, as well as Girlguiding, to combat this pernicious aspect of the 21st century?
Those sorts of organisations can be vital and incredibly powerful in changing attitudes and helping young girls in particular to understand that they do have a voice and should not accept this sort of behaviour. When I was at the Department for International Development, we worked very closely with Girlguiding on gender equality more generally, and I am pleased that that relationship can continue now that I am at the Department for Education.
A vital part of fulfilling the aims of Girlguiding’s campaign to end violence against women and girls is challenging the attitudes and behaviour of the perpetrators of these crimes. What are the Government doing to ensure there is national coverage for high-quality, accredited, community-based perpetrator programmes, such as the ones I was involved in—I declare an interest—before I became an MP and came to this place?
The work that the DFE does is part of a cross-Government programme on tackling harassment, bullying and intimidation. It is about not only supporting people—particularly young people, in the case of the DFE—who are bearing the brunt of that behaviour, but understanding what is driving it and tackling the root causes.
The Girlguiding survey found that 20% of 13 to 21-year-olds have had unwanted pornographic imagery sent to them, and 5% have had indecent images shared without their consent. If the Government really do want to support the Girlguiding campaign, why is the Department cutting the funding to the revenge porn helpline, which has taken more than 2,500 calls in the past year? How will the Minister ensure that victims of revenge porn have access to bespoke support, as promised in the Government’s violence against women and girls strategy, when she is shutting the only helpline in March?
I do not think the hon. Lady has the right information; in fact, we have not made any announcements in relation to that effect yet. Alongside all the comments made by hon. Members today, it is worth reflecting on the fact that another thing we can do is improve the evidence base in this area, which is why we have included specific questions on sexist and racist bullying in the next wave of the National Foundation for Educational Research Teacher Voice survey. We hope that some of the findings from those questions will be available later this year.
Independent Domestic Violence Advisers
The Home Office has engaged closely with other Government Departments, through the violence against women and girls inter-ministerial group, to oversee delivery of the violence against women and girls strategy, including the commitment of increased funding of £80 million for the services. We have also engaged closely with commissioners and voluntary sector partners on the support provided for independent domestic violence advisers and our move to support better local collaboration and early intervention through the VAWG service transformation fund.
Some 84% of victims reported feeling safer with an independent domestic violence adviser, and just over 1,000 advisers are needed to support the current number of known victims, yet there are currently only half that number. What steps will the Minister be taking to increase the number of independent domestic violence advisers throughout the country?
My hon. Friend gives a really good example of where local work is delivering really good local results in a way that others can look at. We have to get better, throughout this country, at sharing best practice, and that is a really good example that others can look at.
Gender Recognition Certificates
The Government are continuing our work on our commitment to review the Gender Recognition Act 2004. We have begun stakeholder engagement programmes to look at how the gender recognition process can be improved, as well as looking carefully at international comparisons. We will provide an update later this year.
I thank the Minister for her answer. My constituent Rebecca Cook applied for a gender recognition certificate, but her application was rejected on the basis that the statutory declaration was more than six months old and she
“may have changed her mind.”
Given that the statutory declaration is a lifetime declaration, will the Minister confirm that the six-month time limit will be reviewed as part of the overall legislative review?
I am really sorry to hear that my hon. Friend’s constituent has encountered those difficulties, and he is absolutely right to bring that kind of case to the House today. We have committed to review, streamline and demedicalise the gender recognition process, and we will certainly consider evidence of any administrative barriers to people gaining the legal gender recognition that they want.
Personal, Social and Health Education
We want schools to put high-quality PSHE at the heart of their curriculum, ensuring that all young people are prepared for life in modern Britain. Effective PSHE not only helps provide pupils with key life skills, but gives them the knowledge to understand their rights and responsibilities to respect individual differences and to challenge prejudice and discrimination.
My hon. Friend is absolutely right to link this matter with social mobility. We know that strong PSHE can make the biggest difference to young people growing up in more disadvantaged communities. It is important not only that we have healthy, resilient and confident pupils coming out of our education system who are better placed to do well academically, but that we improve our non-academic outcomes, as that is also hugely valued by employers.
The hon. Gentleman raises an important point, because we have a large number of faith-based schools. Indeed, the values that we want to give our young people as they come through the education system are not only British but often underpinned by faith values. Coming back to the point on the economy, PSHE can really help students develop their teamwork, communications skills and resilience—precisely the sorts of things that British business wants.
Department for Work and Pensions Estate
The Government are committed to complying with our public sector equality duty, and we will take account of feedback from our public consultations. We will undertake an equality analysis as part of the detailed planning for service reconfiguration, which will include feedback from public consultations in those locations where this applies.
Last week, the UK Government announced the closure of 15 jobcentre sites in Scotland, including the Lonend site in Paisley. This follows a proposal to close eight jobcentres in Glasgow, which was announced in December. Does the Minister agree that it is a dereliction of duty and an insult to those affected not to conduct an equality impact assessment in advance of these plans, given the hardship that they will cause to thousands of the most disadvantaged people?
The single biggest boost to equality delivered through our Department for Work and Pensions estate is the introduction of named universal credit work coaches and their personalised support. What is the current roll-out timetable?
The roll-out of universal credit is increasing apace, and from September we expect it to roll out to 43 jobcentres every single month. My right hon. Friend is right to point out that work coaches are a crucial part of getting people back into work. As part of the service reconfiguration, we are working to ensure that individual claimants can maintain the relationship with their work coaches.
State Pensions: Working-Class Women
Women reaching state pension age in 2016-17 are estimated to receive more state pension on average over their lifetime than women ever have before. By 2030, more than 3 million women stand to gain an average of £550 a year through the introduction of the new state pension.
Working-class women are more likely to be in manual trades, which take a greater toll on the body as it ages, and to die younger due to the health inequalities from which we still suffer. The Minister did not mention the word “class” in her reply. Will she say right now that she will ensure justice for working-class women and all WASPI women by giving them a fair deal in the spring Budget?
The whole House will welcome the fact that the Turing law has now come into effect. Alongside that, Parliament this week approved the regulations introducing mandatory gender pay gap and bonus gap reporting for private and voluntary sector employers with 250 employees or more. Transparency over time can make a big difference. It is one of our key manifesto commitments, and the Government are holding themselves to the same high standards that we expect of others. That is why we have now laid regulations for gender pay gap reporting in the public sector, which we look forward to debating in this House at the earliest opportunity.
As of the 2016 autumn statement, 86% of net savings to the Treasury through tax and benefit measures come from women. The Treasury continues to fail to provide any impact assessment of its fiscal policies or to send a Minister to the Women and Equalities Committee to answer questions. Will the Minister therefore commit to ensuring that women do not suffer the same abysmal impact from the spring Budget?
We know that when fathers take an active role in childcare, it is not only great for their relationships with their children; it is also important in eliminating the gender pay gap. That is why we have introduced shared parental leave and extended the right to request flexible working, helping both mums and dads to balance their work life with their family commitments.
The EHRC is an independent body that was established under the Equality Act 2006. It has been subject to a substantial reform programme to ensure that it can carry out its core functions effectively, but it must be able to do that under its own steam because it is an independent body.
I totally agree that such behaviour is unacceptable, and we should not tolerate it in any form. I regularly go running, and I have been stopped for selfies, but never subjected to any catcalling. We can do more. Sport England’s This Girl Can campaign and other initiatives have really helped to narrow the gender gap in sports participation. The new Active Lives survey demonstrates that 59% of women are now doing at least 150 minutes of physical activity a week, which is the amount recommended by the Chief Medical Officer, but we can do much more to ensure that there are no barriers to women participating in sport.
The Government have been very clear: bringing about state pension age equality was an important principle, and one that we have to maintain. We have made £1 billion of concessions to women in this age group but, as the pensions Minister has made clear, there will be no more transitional arrangements.
The Government have been very clear about the fact that they want equality law to be protected when we leave the EU. That is particularly important. Can the Minister update the House on whether that will form part of the White Paper to be published today?
This is an important point, and it is one of the reasons the Prime Minister set out a number of objectives in her speech recently. I am not going to pre-empt the White Paper, which is being published today, but it is certainly important to ensure that we absolutely maintain—and, indeed, continue to advance—issues of equality and rights.
This is an important issue. We have introduced the living wage to make sure that all people get the minimum wage they need to be able to live effectively. We do not have a Treasury Minister on the Bench today, but I will absolutely make sure that one of them responds to the question the hon. Lady raises.
According to a report by the Trades Union Congress, between January and March 2014, following the introduction of tribunal fees, just 1,222 sexual discrimination claims were made to an employment tribunal, compared with 6,017 in the same quarter a year earlier. Does that not make a nonsense of the Government’s supposed concern for gender equality?
On Tuesday, we launched a consultation on the proposals to widen the support available to people under the Help with Fees scheme, following the completion of the employment tribunal fees review last year. However, it is also important to point out that ACAS has seen the number of people who are able to sort out their differences via mediation go beyond 80,000, and I think a number of people would be much happier going back into the workplace they have come from having sorted out their problems through mediation rather than tribunals.
This week marks the start of LGBT history month, and, of course, we all celebrate the great achievements the LGBT community has given this country. However, hate crime against the LGBT community remains far too high, with Stonewall saying that one in four LGBT people hide their sexual orientation. Will the Minister take urgent action to tackle that, first by increasing the sentences for those who commit hate crimes against LGBT people?
We do have a lot to be proud of, and the UK continues to be recognised as one of the most progressive countries in Europe for LGBT rights, but the hon. Gentleman is absolutely right that we must not rest on our laurels. We must make sure that anybody who attacks anyone on the basis of their sexual orientation is brought to justice. LGBT history month is a fantastic opportunity to celebrate and recognise the contribution that gay, lesbian, bi and trans people have made to British history, British society and British culture.
Leader of the House
The Leader of the House was asked—
Great Repeal Bill
The Standing Orders of the House of Commons will apply to the repeal Bill in the usual way.
Given the importance of the great repeal Bill to the devolved Administrations, will the Leader of the House give a clear guarantee that all Members of this House will be able to scrutinise and vote on all parts of this Bill to ensure that the great repeal Bill does not turn into the great power grab?
Yes, of course. As I am sure the hon. Gentleman himself acknowledges, the so-called EVEL provisions under our Standing Orders do not bar any Member of the House of Commons, from any part of the United Kingdom, from taking part in votes on the different Readings of any Bill and on amendments to any Bill.
The Standing Orders of the House apply in the usual way. If any Bill, any clause of a Bill or any amendment to a Bill affects only England, but covers matters that, in Scotland, are devolved, it must, in addition to commanding a majority among Members of the House as a whole, command a majority among those Members representing English constituencies.
The Procedure Committee, on which I sit, produced a report that noted:
“There is an apparent lack of appetite for debate in legislative grand committee at present.”
Given that the Government are tabling programme motions that allow absolutely no time for debate, surely the Leader of the House must share my opinion that current EVEL procedures are a piece of nonsense.
If the Legislative Grand Committee is proceeding smoothly, it suggests to me that most Members from across the House are satisfied with the way in which our Standing Orders are operating. On the hon. Lady’s point about programme motions, may I point out to her that apart from the Division last night on the article 50 Bill, we have had no Division so far in this Parliament on any programme motion moved after Second Reading?
The UK Government continue to tell us that Holyrood is the most powerful devolved Parliament, yet they are not consulting Scotland on the triggering of article 50. Does the Leader of the House agree that by also refusing Scottish MPs the opportunity to vote on all areas of the great repeal Bill, the Government are doing everything possible to stop the voice of Scottish people being heard on Brexit?
Quite the contrary: I think that both my right hon. Friend the Prime Minister and my right hon. Friend the Secretary of State for Scotland have made, and will continue to make, every effort to ensure that the interests of the people of Scotland are fully represented at all stages of the forthcoming negotiation as part of the package we are seeking for the United Kingdom.
During the referendum campaign, we were told that all non-reserved powers would return to Scotland. Worryingly, the UK Government have not opened any discussions with the Scottish Government about that. When will the Government discuss with the Scottish Government what additional powers may be devolved to Scotland as a result of the UK withdrawing from the European Union?
We have said already, including at the Joint Ministerial Committee, that we are going to talk intensively to the Scottish Government about how to address the issue of powers that return to the United Kingdom from the European Union. If we look, for example, at fisheries—an issue that is devolved to the Scottish Parliament, in respect of UK fisheries policy—we see that that also involves third-country agreements negotiated between the EU and other nation states. It involves United Nations conventions. The Scotland Act 1998 says, in terms, that international agreements are a reserved matter. Those are exactly the things that we need to thrash out in detail in the conversations with our colleagues in the Scottish Government.
I am sure that my right hon. Friend sets an example to all Members of the House with his common sense and good reason. I say again that I think it was perfectly fair and right for this House to change its Standing Orders in response to the different balance of powers that now exists in the United Kingdom as a consequence of devolution.
Restoration and Renewal
I am eager to schedule a debate on the Joint Committee’s report and recommendation to refurbish the Palace of Westminster as soon as possible. That will be announced in the business statement in the usual way. The Joint Committee’s report recommended the establishment of a delivery authority that would develop a business case and budget prior to a final vote in Parliament, following a decision in principle. By its own admission, the Joint Committee was not in a position to provide detailed budgets before the establishment of a delivery authority.
If the Palace of Westminster needs to be renewed and restored, I am pretty sure that my constituents in Kettering would want me to vote for the cheapest option. If that happens to be the quickest, so much the better. Will the Leader of the House make a recommendation to the House ahead of the vote?
That is a matter for the House. It is vital that the Palace is safeguarded in the right way for the reasons that my hon. Friend has indicated. The Government want to ensure that the solution is deliverable and value for money, and are taking their time to consider the detail of the proposed recommendations and the implications very carefully.
“Taking their time” is the understatement of the year! The Joint Committee was chaired by two Ministers, one of whom, the right hon. Member for Epsom and Ewell (Chris Grayling), is sitting on the Front Bench. He was staring at the back of the head of the Deputy Leader of the House, going, “Just get on with it, man.” Get on with it!
I welcome the fact that the Government are taking their time to consider the best option for dealing with this historic Palace. Given the amount of taxpayers’ money involved, will the Deputy Leader of the House reassure me that such a cost will deliver an effective Parliament and a solution that taxpayers believe is genuine value for money.
It is crucial that value for money is safeguarded. Advice is being taken on a range of the technical and governance recommendations made by the Joint Committee report—we have studied it very carefully—and the independent Major Projects Authority is also being consulted.
The Deputy Leader of the House says that there is pressure on parliamentary time. We spent 45 minutes trooping through the Lobbies last night and we will spend hours doing the same next week, so if the Chamber is to be decanted, will that not be an opportunity to introduce modern practices, such as electronic voting?
Is it not the case that the large majority of people in the House of Commons are not in fact Members? There is a constant risk not only on health grounds, with asbestos and the rest, but of a fire, and we certainly do not want a repeat of 1834. Should not those who complain about the cost involved—they are quite likely to come from outside—be told that they have such an absolute right to complain because this place exists?
First, people started talking about the great reform Bill—where do all these greats come from?—and now there will presumably be the great reconstruction bill for the House of Commons. All the time I have been a Member we have made do and mended, and we have got on perfectly well. Why do we need to have this reconstruction? Let us just patch things up a bit and carry on as normal.
Again, I recommend that the hon. Gentleman read the report. It is decades—in fact, many decades—of patching and mending that has led to patching and mending no longer being practicable in the opinion of the authors of the report, so clearly a number of major issues need to be addressed.
Women and Equalities Committee
The Government currently have no plans to bring forward proposals to change the name of the Women and Equalities Committee. I have received no representations from the Committee to make such a change. Should the Women and Equalities Committee recommend such a change, the Government would consider it in consultation with the Procedure Committee.
Every single departmental Select Committee is named after the Department it scrutinises. I am also on the Justice Committee, which scrutinises the Ministry of Justice. The only exception is the Women and Equalities Committee, which shadows the Government Equalities Office. Surely this Committee should be called the Equalities Committee. If the Deputy Leader of the House does not agree, will he tell us why women’s issues cannot be included in a Committee called the Equalities Committee?
Is my hon. Friend at all worried that members of, for example, the black and minority ethnic or the gay and lesbian communities, might feel that the title of the Committee suggests it will be giving priority to the concerns of women over their own concerns?
I gently say that achieving gender equality is good for everyone. For example, the introduction of shared parental leave allows men to take time away from the workplace to bond with their new children. There are issues to be addressed for women, as discussed in this place earlier today. Names of Committees are a matter for the House and are considered with the Procedure Committee in the normal way.
Will the Minister confirm whether he has received any representations from anyone from a BME community about their happiness or otherwise of the title of the Women and Equalities Committee? As a member of the BME community, may I say that I am very happy with the name of the Women and Equalities Committee?