Railways: South West
Mary Creagh: To ask the Secretary of State for Transport on what date the £26 million for rail flood resilience work in the South West will be transferred from his Department to Network Rail. [188575]
Stephen Hammond: It is planned to transfer the £26 million to Network Rail by the end of the financial year.
Rescue Services: Belfast
Ms Ritchie: To ask the Secretary of State for Transport how many staff at the Belfast Maritime Coastguard Centre were asked to re-apply for their jobs following the reform of the service; and how many such staff were successful in their applications. [187865]
Stephen Hammond: No coastguard has been asked to re-apply for the job they currently perform.
The modernisation of Her Majesty's Coastguard introduces new jobs, with enhanced responsibilities, for coastguards working within the new national network; these jobs are different to those currently performed by coastguards.
As a result no staff at Belfast Maritime Rescue Coordination Centre (MRCC), or any other MRCC around the UK, aligned into the new jobs. Therefore coastguards who want a new job in the modernised structure had to apply for them. The recruitment process for this is currently ongoing.
Road Traffic Control: Schools
Karen Lumley: To ask the Secretary of State for Transport pursuant to the answer of 3 February 2014, Official Report, column 12W, on road traffic control: schools, whether his Department has made an assessment of the potential use of alternative methods of transport to reduce road congestion around primary schools. [188457]
Mr Goodwill: The Department has provided £600 million over four years through the Local Sustainable Transport Fund. The Fund was established to enable the delivery by local transport authorities of sustainable transport solutions that support economic growth while reducing carbon, this includes combating congestion.
Local authorities are responsible for assessing the methods of transport that will best suit their needs. The Department therefore is responsible for setting local sustainable transport policy at a national level and local authorities are responsible for identifying and implementing sustainable transport options for their local communities, which might include travel to school initiatives.
24 Feb 2014 : Column 242W
Road Traffic Offences: Fixed Penalties
Richard Burden: To ask the Secretary of State for Transport what research his Department is conducting on the impact of enabling Part Six of the Traffic Management Act 2004 with regards to infringements made in mandatory cycle lanes. [188535]
Mr Goodwill: The Department for Transport is not conducting any such research.
Roads: Repairs and Maintenance
Richard Burden: To ask the Secretary of State for Transport when he expects to publish his Department's guidance on the economic impact of highways maintenance and disrepair. [188492]
Mr Goodwill: The Department has commissioned a project to value the benefits of highways maintenance. It is expected the final outputs will be delivered in summer 2014.
Tractors
Stephen Barclay: To ask the Secretary of State for Transport if he will make an assessment of the cost and benefit of introducing a two-tier licensing scheme for tractors so that those which are suitably licensed can travel at 40 mph. [187857]
Stephen Hammond: Tractors that meet certain requirements as laid down in the Road Vehicles (Construction and Use) Regulations 1986 can travel at speeds up to 40 mph on public roads in England and Wales. Tractors that do not meet these requirements can only travel at 20 mph under current legislation. The Department has recently consulted on raising the speed limits for low-speed tractors from 20 mph to 25 mph. The responses are currently being considered and the Government will issue a response in due course.
Welsh Language
Hywel Williams: To ask the Secretary of State for Transport what assessment he has made of services carried out by his Department in Wales in relation to the Welsh Language Act 1993 and the Welsh Language Standards. [187774]
Stephen Hammond: The Department for Transport has not made an assessment of the services it carries out in Wales in relation to the Welsh Language Act 1993 and the Welsh Language Standards. Following devolution the Department provides services to those living or residing in Wales mainly through its agencies. The Department and its agencies report annually on the progress of Welsh language service provision to the Welsh Language Commissioner. We are fully committed to the Welsh language and fully committed to providing Government services in the Welsh language where there is demand for them.
Wightlink
Mr Andrew Turner: To ask the Secretary of State for Transport if he will make an assessment of the effect of the operations of Wightlink Ferries of the legal costs of dealing with previous and current applications from the Lymington River Association in relation to the operation of ferry services in the Lymington River. [188400]
24 Feb 2014 : Column 243W
Stephen Hammond: Wightlink Ferries Ltd has stated publicly that it has incurred costs of more than £3.4 million as a result of the legal challenges by Lymington River Association. The Department for Transport has no means to verify the costs that have been incurred by Wightlink Ferries, a private company.
Justice
Administration of Justice
Dr Offord: To ask the Secretary of State for Justice what recent steps his Department has taken to make the justice system more accessible and easier to understand for those without legal knowledge. [187124]
Damian Green: The Ministry of Justice (MOJ) is committed to making sure the justice system is as accessible and easy to understand as possible. All published guidance is written in plain English and avoids using legal jargon, complicated sentences and unfamiliar words wherever possible.
MOJ has a number of websites, accessible through gov.uk—the Government online portal—which explain how the justice system works. These include: ‘Open Justice’, which explains how different elements of the justice system work; ‘You be the Judge’, which provides accessible information about sentencing; and Police.uk, which focuses on information about crime and policing. Information about legal aid, including how to apply, has also recently been updated and is available on gov.uk. All information on gov.uk adheres to strict plain English standards.
MOJ has also taken forward a number of initiatives aimed at increasing public understanding and awareness across a range of justice issues. These have included: publishing a new Victims' Code which more clearly sets out the information, support and services that victims can expect to receive from criminal justice agencies in England and Wales at every stage of the process; publishing leaflets to support victims of human trafficking in 11 foreign languages; providing information specifically targeted at those representing themselves in private law family law cases; and producing a range of public information materials about family mediation to help people understand what it offers as an alternative to court. MOJ will shortly publish the ‘Guide to Coroner Services’ booklet for bereaved people. This document will explain, in easy to understand language, the coroner investigation process.
For those with learning difficulties and disabilities, we additionally publish a number of documents in an Easy Read format, providing a clear summary of the main points to help them better understand the justice process and to ensure they can make informed decisions.
Administration of Justice: Welsh Language
Susan Elan Jones: To ask the Secretary of State for Justice what recent assessment he has made of the adequacy of provision of Welsh language services in the justice system. [186821]
Mr Vara: The Ministry of Justice and the majority of its delivery arms and associated agencies across the justice system have either:
24 Feb 2014 : Column 244W
(a) published Welsh language schemes; or
(b) are covered by the Ministry of Justice Welsh language scheme; or
(c) are developing their own scheme;
setting out the actions they will take in the conduct of business and services in Wales in accordance with section 21 of the Welsh Language Act 1993.
Other arm’s length bodies maintain an independent approach with their own separate Welsh language policy.
The schemes are living documents, reported on annually in respect of applicability and the achievements of their objectives and revised tri-annually in conjunction with the Welsh Language Commissioner's office.
Additionally, the Lord Chancellor's Welsh Language Standing Committee, together with the Justice Wales Network work to ensure that the agencies working in the justice system adopt similar policies towards the Welsh language and the implementation of the Welsh Language Act 1993.
Note:
The term 'justice system' is broad. The answer provided relates to that part of the justice system that falls to the Ministry of Justice.
Armed Forces
Mrs Moon: To ask the Secretary of State for Justice if he will issue guidance on when a sentence issued at a summary hearing within the armed forces becomes spent under the National Police Records (Recordable Offences) Regulations; and if he will make a statement. [188105]
Jeremy Wright: The National Police Records (Recordable Offences) Regulations 2000 provide for the recording in national police records of convictions. It is current police policy to retain all information relating to cautions and convictions on the police national computer until the subject reaches 100 years of age, for police operational reasons and in the interest of the prevention and detection of crime.
Rehabilitation periods for sentences, including for sentences specific to the service justice system (eg detention or dismissal) are set out in the Rehabilitation of Offenders Act 1974, A finding at Summary Hearing within the armed forces that a charge has been proved is treated as a conviction, and any sentence imposed by the commanding officer is treated as a sentence, for the purposes of the 1974 Act.
There is no separate guidance on convictions for service offences, as they are treated in the same way as ‘civilian’ offences. The same rehabilitation periods apply to sentences which are imposed in the service justice system as are imposed by the civilian justice system. In addition, there are specific rehabilitation periods for sentences of dismissal and service detention. However, some advice for service personnel has been included in revised guidance on the Rehabilitation of Offenders Act 1974 which will be published shortly.
Charter of Fundamental Rights (EU)
Sir Richard Shepherd:
To ask the Secretary of State for Justice pursuant to his contribution on 19 November 2013 on the EU Charter of Fundamental Rights, what meetings he has had with officials to determine a suitable test case; what time limit he has set
24 Feb 2014 : Column 245W
for his Department to identify a suitable test case; and when he intends to report to Parliament on progress made. [185717]
Simon Hughes: Officials from the Ministry of Justice are working with colleagues across government to identify a suitable case in which to make clear our position on the legal effect of the EU Charter of Fundamental Rights. We are seeking to do so as soon as possible; the timescale will depend upon when such a case arises.
Dangerous Driving: Sentencing
Susan Elan Jones: To ask the Secretary of State for Justice if the Government will undertake a full review of the sentencing guidelines relating to dangerous driving offences. [187435]
Jeremy Wright: Guidance to the judiciary is produced independently of Government, by the Sentencing Council. This is in line with the principle that, while the Government decide what maximum penalties should be, the courts are responsible for deciding what sentence to impose within those limits.
The sentencing guideline on causing death by driving was published by the Sentencing Guidelines Council in 2008. It covers the offences of causing death by dangerous driving and causing death by careless driving as well as causing death by dangerous driving while under the influence of drink or drugs and causing death by driving unlicensed, disqualified or uninsured. Last year, the Lord Chancellor and Secretary of State for Justice, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), wrote to the Sentencing Council (as it now is) to ask them to review the death by driving guideline and they have agreed to include this in their programme of work.
Severe maximum penalties, of 14 years imprisonment, are available for those who cause death through dangerous driving or under the influence of drink or drugs and statistics show that the overwhelming majority of those convicted for these offences receive lengthy custodial sentences.
European Convention On Human Rights
Sir Richard Shepherd: To ask the Secretary of State for Justice pursuant to the answer to the hon. Member for Christchurch of 10 December 2013, Official Report, column 123W, on the European Convention on Human Rights, when he intends to bring the EU's accession to the European Convention on Human Rights before Parliament for its approval; and what recent meetings he has had on this matter. [185716]
Simon Hughes: Parliament will be given a full opportunity to examine the terms of the EU's accession to the European Convention on Human Rights in accordance with the requirements of the Constitutional Reform and Governance Act 2010 and the European Union Act 2011, as well as the usual EU scrutiny processes in each House.
A draft accession agreement is currently before the European Court of Justice for an opinion on its compatibility with the EU Treaties. The Commission's 2014 Work Programme sets out that the Commission intends to produce a legislative proposal on the internal
24 Feb 2014 : Column 246W
EU rules this year; that will be deposited in Parliament once it is received. The 2014 Work Programme was deposited in Parliament on 15 November 2013:
http://europeanmemoranda.cabinetoffice.gov.uk/memorandum/communication-from-the-commission-to-the-european-parliament-the-council-the-european-economic-social-committee-1384673730
The Lithuanian presidency provided a state of play report on the EU's accession to the European Convention on Human Rights at the Justice and Home Affairs Council of 5-6 December, which the Lord Chancellor and Secretary of State for Justice, the right hon. Member for Epsom and Ewell (Chris Grayling), the Secretary of State for Justice attended.
That report indicated that the Commission's legislative proposal will not be issued until the European Court of Justice has delivered its opinion on the compatibility of the draft accession agreement with the EU Treaties. This was set out in the written ministerial statement given by the Secretary of State for the Home Department, the right hon. Member for Maidenhead (Mrs May), on 12 December 2013, Official Report, columns 58-62WS:
http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm131212/wmstext/131212m0001.htm
Family Conciliation Services
Dr Offord: To ask the Secretary of State for Justice what steps his Department is taking to raise awareness of family mediation services for those are seeking to resolve issues surrounding child contact. [187125]
Simon Hughes: The Government have put in place a comprehensive strategy to improve public awareness and to ensure that advice agencies, and other organisations have the correct information about the benefits of family mediation for all issues which arise after separation. This includes very clear information that legal aid and legal support are still available subject to rules governing qualification. We are also providing materials to help mediation services publicise their services locally.
Gender Recognition
Hugh Bayley: To ask the Secretary of State for Justice when the provisions in the Legal Aid, Sentencing and Rehabilitation of Offenders Act 2012 for sentences to be aggravated for any offence motivated by hostility towards the victim on the grounds of being transgender were commenced; and how many aggravated sentences of this kind have been imposed since commencement. [188094]
Jeremy Wright: Changes to the law to bring transgender hate crime into line with offences motivated by hostility on the grounds of race, religion, sexual orientation or disability, came into force on 3 December 2012.
The Ministry of Justice Court Proceedings Database holds information on defendants proceeded against, found guilty and sentenced for criminal offences in England and Wales. This database holds information on offences provided by the statutes under which proceedings are brought but not the specific circumstances of each case. It is not possible to separately identify from this centrally held information the gender identity of the victims of offences aggravated by prejudice and hate. This detailed information may be held by the
24 Feb 2014 : Column 247W
courts on individual case files which due to their size and complexity are not reported to Justice Statistics Analytical Services. As such, this information can be obtained only at disproportionate cost.
Judges
Keith Vaz: To ask the Secretary of State for Justice what the (a) name, (b) position and (c) date of appointment is of all current High Court and circuit judges who have identified as belonging to an ethnic monitory. [188356]
Mr Vara: General judicial diversity information is in the public domain and is available on the judiciary website:
http://www.judiciary.gov.uk/publications-and-reports/statistics/diversity-stats-and-gen-overview
Information provided by individual judicial office holders about their ethnicity is deemed personal information and is therefore restricted under the provisions of the Data Protection Act 1998.
Legal Opinion: Hearing Impairment
Rosie Cooper: To ask the Secretary of State for Justice what steps he is taking to ensure that implementation of new regulations by the Solicitors Regulation Authority will result in deaf and hard of hearing clients having access to interpreters when seeking legal counsel from solicitors' firms. [188109]
Mr Vara: The legal profession is independent of the Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. It is for the Solicitors Regulation Authority to determine how it should implement and enforce any new regulatory requirements, including through their Code of Conduct. All solicitors firms are subject to disability discrimination legislation.
Magistrates
Sadiq Khan: To ask the Secretary of State for Justice (1) what recruitment campaigns his Department has run for magistrates vacancies since May 2010; in which region such campaigns were run; and how many vacancies were (a) advertised and (b) filled; [187060]
(2) what the publicised (a) opening and (b) closing date was of each recruitment campaign for a magistrate vacancy since May 2010; for which of those recruitment campaigns the application process was closed early; and on what date each such early closure took place. [187425]
Mr Vara: HMCTS does not hold centralised details of recruitment campaigns for lay magistracy as magistrates are recruited and selected by 47 local advisory committees.
HMCTS will contact the 47 advisory committees to obtain the requested data, and we will write to you with the details.
Magistrates' Courts: Bedfordshire
Richard Fuller:
To ask the Secretary of State for Justice how many cases have been listed at (a) Bedford and (b) Luton Magistrates' Court in each of the last
24 Feb 2014 : Column 248W
five years; and how many of the cases listed at each in each such year related to (i) family, (ii) criminal and (iii) other matters. [187812]
Mr Vara: In magistrates courts, data are recorded where proceedings against a defendant are completed. The number of completed proceedings in Bedford and Luton magistrates courts split by jurisdiction is shown in the following table:
| Completed proceedings at magistrates courts in Bedfordshire | |||||
| Family | Criminal Bedford | Criminal Luton | Other | Total | |
| Notes: 1. Non-criminal performance data for magistrates courts is collected by county and not by court location. Therefore Family and Other data cannot be split below Bedfordshire. 2. Crime data at courthouse level is only available from 2010 onwards as the courts had not migrated to Libra, the case management system until December 2009. 3. Other includes Civil, Means Enquiries and Representation Orders. 4. Data for 2013 covers January to September only, data covering October to December will not be published until March 2014. Source: HMCTS Performance Database | |||||
Magistrates: Welsh Language
Susan Elan Jones: To ask the Secretary of State for Justice what proportion of magistrates in (a) Wales and (b) each Welsh county are Welsh speaking. [186822]
Mr Vara: The percentage of Welsh speaking magistrates in Wales is 17%. The percentages on a county level are:
| Percentage | |
The Ministry of Justice announced in 2010 that Advisory Committees could actively advertise for Welsh-speaking magistrates based on the principle of ensuring Benches adequately reflect the linguistic profile of the areas they serve.
Non-molestation Orders: West Sussex
Henry Smith: To ask the Secretary of State for Justice how many non-molestation orders were issued by Horsham county court in West Sussex in (a) 2011, (b) 2012 and (c) 2013. [186458]
24 Feb 2014 : Column 249W
Simon Hughes: Table 1, as follows, shows the numbers of non-molestation orders made at Horsham county court in each quarter between January 2011 and September 2013.
| Table 1: Non-molestation orders made at Horsham county court, January 2011 to September 2013 | ||
| Quarter1 | Number of non-molestation orders made | |
| 1 Quarter 1 = January to March, Quarter 2 = April to June, Quarter 3 = July to September and Quarter 4 = October to December. Source: HM Courts and Tribunals Service's FamilyMan case management system | ||
Offenders: Rehabilitation
Sarah Champion: To ask the Secretary of State for Justice what estimate he has made of the number of women who will be recalled to custody under his Department's Transforming Rehabilitation proposals. [187505]
Jeremy Wright: Under our Transforming Rehabilitation reforms, we expect new providers of probation services to focus on making sure that all offenders, including women, do not return to custody and desist completely from reoffending. Providers will need to meet national standards set by the Secretary of State for the management of offenders and will have to evidence in their bids how they would deliver gender-specific rehabilitation support to female offenders. Successful bidders will be held to account to deliver these services in their contracts.
The impact assessment for the Offender Rehabilitation Bill outlines our analysis of the projected impacts on overall breach rates for licence conditions, and can be found at the following link. This analysis does not specifically project breach or recall rates by gender.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/208171/updated-rehabilitation-bill-impact-assessment.pdf
Sarah Champion: To ask the Secretary of State for Justice what steps he is taking to ensure women released from prison into a different-contract package area receive high quality and holistic rehabilitation services and support. [187568]
Jeremy Wright:
The proposed resettlement prison model for women prisoners stems from the National
24 Feb 2014 : Column 250W
Offender Management Service's review of the women's custodial estate. Part of the outcome of the review was that all women's prisons should be designated resettlement prisons in order to make sure that women prisoners in every establishment have access to resettlement services. Most resettlement prisons for women prisoners will serve more than one Contract Package Area (CPA) so that as many providers of probation services will have access to their area's cohort of prisoners as is operationally viable.
The model developed for the women's estate, which allows multiple providers access to most establishments, will mean that the majority of women prisoners will be provided resettlement services by the same provider who will provide statutory rehabilitation support upon release. For any women prisoners who are not accommodated in a prison to which their home provider has access, there will be a host lead provider, who will be responsible for preparing resettlement plans, delivering immediate requirements and engaging in pre-release planning with the women's home CRC.
Pay
Chris Bryant: To ask the Secretary of State for Justice how many and what proportion of staff employed by (i) his Department, (ii) agencies of his Department and (iii) contractors of his Department are paid less than the rate defined by the Living Wage Foundation as a living wage. [184450]
Simon Hughes: The overwhelming majority of our directly employed staff are paid more than the living wage. We do not hold information on wages paid by our contractors. The Government encourage contractors to commit to paying a living wage and of course we insist that employers pay at least the minimum wage. However, when awarding contracts we need to make sure that we get the best possible deal for taxpayers.
Such data as are held centrally are set out in the following table:
| As at 30 November 2013 | |||
| Number below living wage | On strength headcount (number) | Proportion of staff employed (percentage) | |
As of 30 November 2013, out of 64,241 direct employees (headcount) working in national locations 409 direct employees are paid less than the rate defined by the Living Wage Foundation as the UK living wage, using the new rates as of 4 November 2013. This equates to 0.64% of direct employees.
The direct employees included form part of the core Ministry of Justice (MoJ) and its agencies:
24 Feb 2014 : Column 251W
the National Offender Management Service (NOMS);
HM Courts and Tribunals Service (HMCTS);
Legal Aid Agency (LAA);
and Office of the Public Guardian (OPG).
The most recent pay rates for the lower paid direct employees were set on 1 August 2013, prior to the new UK living wage rates being introduced on 4 November 2013. Prior to 4 November 2013 the core MoJ and agencies (excluding NOMS) had no staff below living wage rate. In NOMS, this stood at around 200 direct employees.
Information on contractors paid less than the rate defined by the Living Wage Foundation as a living wage is not recorded centrally. We would need to approach all of our contractors and or their agencies to get them to provide the information. This could be obtained only at disproportionate cost.
24 Feb 2014 : Column 252W
Ian Austin: To ask the Secretary of State for Justice (1) how many civil servants are on each pay grade in (a) his Department and (b) agencies and public bodies accountable to him; [187250]
(2) what proportion of staff of (a) his Department and (b) agencies and public bodies accountable to him work outside of London; and in which local authorities such staff are located. [187272]
Mr Vara: Details regarding the number of civil servants on each pay grade together with the proportion of staff working both within and outside London can be found in the following tables. Figures include staff employed in the Ministry of Justice HQ (MoJ HQ), HM Courts and Tribunal Service (HMCTS), National Offender Management Service (NOMS), Office of the Public Guardian (OPG) and Legal Aid Agency (LAA).
| Table 1: On strength headcount of civil servants in the Ministry of Justice and agencies by pay grade, as at 31 December 2013 | ||||||
| Number | ||||||
| Department/agency | AA/AO | EO | SEO/HEO | Grade 6/7 | SCS | Total |
| Table 2: Total number of on strength staff by headcount employed by the Ministry of Justice and its agencies located in and outside London, as at 31 December 2013 | ||||||
| Number | ||||||
| Location | MoJ HQ | HMCTS | NOMS | OPG | LAA | Total |
| Table 3: Proportion of on strength staff by headcount employed by the Ministry of Justice and its agencies located in and outside London, as at 31 December 2013 | ||||||
| Percentage | ||||||
| Location | MoJ HQ | HMCTS | NOMS | OPG | LAA | Total |
Information on non-departmental public bodies (NDPBs) is not recorded centrally. Answering this element of the question would require an individual commission for data from all MoJ NDPBs with the subsequent collation and production of an assured report. This would incur a disproportionate cost.
In order to provide details of the number of MoJ staff located in each of the principal local authorities in outside London, we would need to identify each MoJ, agency and NDPB local office and then cross reference each with every local authority. This too would involve a disproportionate cost.
Pensions
Mr McCann: To ask the Secretary of State for Justice what effect changes in pension contributions have had on the take-home pay of officials of his Department at (a) AA, (b) AO and LO2, (c) EO and LO1, (d) HEO, (e) SEO, (f) 7 and (g) SCS grades and equivalents since May 2010. [186038]
Simon Hughes: I refer the hon. Member to the answer given by the Minister of State, Cabinet Office, the hon. Member for Ruislip, Northwood and Pinner (Mr Hurd), on 4 February 2014, Official Report, column 215W:
http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm140204/text/140204w0003.htm#140204106000057
Prison Service
Philip Davies: To ask the Secretary of State for Justice what proportion of prison officers working in (a) male and (b) female prisons are (i) male and (ii) female. [187484]
24 Feb 2014 : Column 253W
Jeremy Wright: Information on the proportion of male and female prison officers working in both adult male and adult female establishments is contained in the following table. The information relates to both public and private sector establishments.
| Table: Proportion of prison officers that are male and female by category of establishment as at 31 March 2013 | ||
| Category of establishment1 | Gender of prison officers | Percentage |
| 1 Information on HMP Dovegate was not available within the time available and is therefore not included within the calculations. | ||
Prison Service: Training
Mrs Moon: To ask the Secretary of State for Justice how many training places are available each year for custodial staff in (a) suicide prevention and (b) self-harm prevention; and if he will make a statement. [188142]
Jeremy Wright: All staff working in prisons who have contact with prisoners, are required to undertake, as a minimum, the Introduction to Safer Custody course which is a half-day course that includes training on suicide prevention and self-harm. Additional training, including enhanced mental health awareness, is provided for the specialist roles of Assessment, Care in Custody and Teamwork (ACCT) case manager (two days) and ACCT assessor (three days). Refresher training must be provided for all staff, but the extent of this is dependent on local training needs.
The number of training places available each year is not held centrally. It is determined by an assessment of local need at each prison.
Prisoners
Sadiq Khan: To ask the Secretary of State for Justice how many prisoners have been kept overnight in (a) police cells and (b) court cells in each month since May 2010. [180078]
Jeremy Wright: Prison numbers fluctuate throughout the year and we have sufficient accommodation for the current and expected population. We will always have enough prison places for those sent to us by the courts. There will be more adult male prison capacity in May 2015 than there was at the start of this Parliament.
Police cells, under Operation Safeguard, have not been used since 22 September 2008 and no police cells under Operation Safeguard have been on stand by since the end of October 2008. Court cells have not been used since 28 February 2008 and have been stood down since March 2008.
Separately to Operation Safeguard arrangements, there are occasions where prisoners may be temporarily held overnight in police cells. These occasions arise from a number of factors, including late court sittings, which can compromise the contractors' ability to deliver the prisoner to prison prior to the reception closure time.
24 Feb 2014 : Column 254W
They largely consist of situations where escort contractors are unable to transport the prisoner to a suitable prison following a court appearance, due perhaps to inclement weather or failings in the transport network or because we have sufficient space but the places cannot be reached in the time available. This is solely for overnight accommodation by the police before collection and onward transmission to the prison establishment the following working day
The following table shows the number of occasions where prisoners were temporarily held overnight in police cells in each month since May 2010. The totals include adults, young adults (18 to 20-year-olds) and young people (15 to 17-year-olds). The number of prisoners held overnight in a police cell has come down to below 1,000 in 2012-13, after reaching a peak of over 50,000 in 2007-08.
| Financial year | ||||
| Month | 2010-11 | 2011-12 | 2012-13 | 2013-14 |
Mr Jim Cunningham: To ask the Secretary of State for Justice (1) how many people whose previous residence is listed as being in Coventry are currently in prison; [182791]
(2) how many people whose previous residence is listed as being in the West Midlands are currently in prison. [182792]
Jeremy Wright: As at 31 December 2013, there were 5,482 male and female prisoners held in a prison or young offender institution with a recorded residential address in the West Midlands.
Of these, 574 had a recorded residential address in the Coventry local authority area.
These figures have been drawn from administrative IT systems, which, as with any large scale recording system, are subject to possible error(s) with data entry and processing.
If no address is given, an offender's committal court address is used as a proxy for the area in which they are resident. These figures are included in the answers above. No address has been recorded and no court information is available for around 3% of all offenders, these are excluded from the answer. Information on offenders’ residences is provided by them on reception in prison and recorded on a central IT system. Addresses can include home address, an address to which offenders intend to return on discharge or next of kin address.
24 Feb 2014 : Column 255W
Prisoners: Counselling
Mark Pritchard: To ask the Secretary of State for Justice if his Department will expand the Samaritans and Listener Scheme within prisons in England and Wales. [188379]
Jeremy Wright: The Government are committed to reducing the number of deaths in prison custody. Peer support can be an effective tool to complement the support given by staff to prisoners, particularly those identified at risk of suicide or self-harm. The Samaritans supported Listener scheme (Listeners are volunteer peer supporters who are selected, trained and supported by Samaritans, to listen and offer confidential emotional support to prisoners in distress) is recognised as a very effective scheme to support prisoners in distress. NOMS currently provides funding to Samaritans to support their work in prisons.
All prisons are required to provide prisoners with access to peer support, although this does not have to be through a Samaritans supported Listener scheme. There are currently 113 Samaritans supported Listener schemes in prisons.
Prisoners: Foreign Nationals
Sarah Teather: To ask the Secretary of State for Justice how many foreign national prisoners have been sentenced (a) for drug offences and (b) under section 1(1) of the Street Offences Act 1959 in each of the last five years. [187526]
Jeremy Wright: In answer to part (a), the following table provides information on the number of foreign national offenders in prison for drug offences in England and Wales in each of the last five years.
In answer to part (b), offence information held centrally within prison population data is not available at sufficient detail to enable the offence to be explicitly identified. This information may be available in individual prisoner records for offender management purposes but to retrieve and collate the information would incur disproportionate cost.
Reducing the foreign national offender (FNO) population is a top priority for this Government. We are working hard to reduce the flow of foreign national offenders into our prison system and increase the number removed from the UK through prisoner transfer agreements (PTAs); the Early Removal scheme (ERS) and Tariff Expired Removal scheme (TERS).
All foreign national offenders sentenced to custody are referred to the Home Office for them to consider deportation at the earliest possible opportunity.
| Foreign national prisoners serving an immediate custodial sentence for drug offences, 30 June 2009-13, England and Wales | |
| Total | |
| Note: These figures have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing. | |
24 Feb 2014 : Column 256W
Prisoners: Nigeria
Meg Hillier: To ask the Secretary of State for Justice what discussions he has had with the Nigerian government about including James Ibori in a prisoner transfer agreement. [187446]
Mark Simmonds: I have been asked to reply on behalf of the Department for Foreign and Commonwealth Affairs.
Individual cases were not considered during discussion or negotiation of the Prisoner Transfer Agreement with Nigeria, which was signed in Abuja in January 2014. The transfer of prisoners under the Prisoner Transfer Agreement is a matter for the Secretary of State for Justice.
Prisoners: Self-harm
Mrs Moon: To ask the Secretary of State for Justice if he will make it his policy to introduce comprehensive psychological assessments for a prisoner who has carried out an episode of self-harm; and if he will make a statement. [188139]
Jeremy Wright: All prisons are required to have in place procedures to identify, manage and support people who are at risk of harm to themselves. There are procedures in place to reduce that risk which include the Assessment, Care in Custody and Teamwork (ACCT) process. This is a prisoner-centred, flexible care planning system for those identified as at risk of suicide or self-harm. An ACCT plan will be put in place following a prisoner's episode of self-harm or where a risk has been identified.
Within 24 hours of the ACCT plan being established a multi-disciplinary case review will take place. The case review team will develop a care and management plan for each prisoner based on the risk presented to address their individual needs. This may include a referral to psychological services or mental health in-reach team. Prisoners may also be referred for a mental health assessment.
Mrs Moon: To ask the Secretary of State for Justice if he will make it his policy to introduce a system of case reviews of prisoners engaging in multiple acts of self-harm to determine likely contributory factors; and if he will make a statement. [188140]
Jeremy Wright: A system of case reviews for prisoners engaging in multiple acts of self-harm is in place. All prisons are required to have procedures to identify, manage and support people who are at risk of harm to themselves and to reduce that risk. These procedures include the Assessment, Care in Custody and Teamwork (ACCT) process, which is a prisoner-centred, flexible care planning system for those identified as at risk of suicide or self-harm.
Within the ACCT process there is an enhanced case review system for use in particularly challenging cases, including prisoners who display prolific, sustained and/or extreme incidents of self-harming behaviour. The enhanced case review team will draw on more specialists, including a member of the mental health team, and a higher level of operational management, according to the specific needs of the individual.
24 Feb 2014 : Column 257W
Prisoners: Suicide
Mrs Moon: To ask the Secretary of State for Justice what estimate he has made of the number of individuals who took their own lives within (a) one month and (b) two months at the end of a custodial sentence in each year between 2010 and 2013; and if he will make a statement. [188136]
Jeremy Wright: This information is not held centrally. Data on deaths of all offenders who either serve or complete their sentences in the community are not available. It is therefore not possible to estimate the number of individuals who took their own lives during the last two months of their sentences.
Probation
Sadiq Khan: To ask the Secretary of State for Justice whether community rehabilitation companies will continue to be badged as the probation service. [185352]
Jeremy Wright: Our Transforming Rehabilitation reforms are extending supervision to short-sentenced offenders and opening up the market to a wider range of providers in order to bring more innovation into rehabilitation services and deliver a reduction in reoffending. The national probation service (NPS) will retain responsibility for the supervision of offenders who pose a high risk of serious harm to the public. Those offenders assessed as posing a low to medium risk will be supervised by one of the new community rehabilitation companies (CRCs). While supervision will in future be handled by providers from the public, private and voluntary sectors, there will be a coherent system in place which will be instantly recognisable to the public as a probation service. For this reason, there will be common branding for both the NPS and CRCs which retains a probation identity.
Ian Lavery: To ask the Secretary of State for Justice whether any proposals under the Probation Change programme for partnership working will be piloted before a national roll-out. [186042]
Jeremy Wright: Under our Transforming Rehabilitation proposals, providers will be incentivised to reduce reoffending, and to establish links with statutory and non-statutory partners.
We are currently piloting a number of different approaches to payment by results across Government. Of particular value in terms of learning for the roll-out of our reform are the pilots in Peterborough and Doncaster. According to interim reconviction data, these pilots are having a positive effect and show a marked fall in reoffending:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/254186/annex-a-payment-by-results-oct13.pdf
Final results for the first pilot cohorts will be available in 2014.
Organisations bidding to run one of the new Community Rehabilitation Companies will need to clearly demonstrate how they will engage with statutory and non-statutory partners in order to deliver offender services.
Sarah Champion: To ask the Secretary of State for Justice whether he plans to pilot payment by results schemes run under contracts won by the private sector. [186079]
24 Feb 2014 : Column 258W
Jeremy Wright: Under our Transforming Rehabilitation proposals, payment by results will offer a strong incentive to providers to focus on reducing reoffending. We are currently piloting a number of different approaches to payment by results across Government, and the pilots in Peterborough and Doncaster have been of particular value as we begin to roll out new ways of working. According to interim reconviction data, these pilots are having a positive effect and show a marked fall in reoffending;
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/254186/annex-a-payment-by-results-oct13.pdf
Final results for the first pilot cohorts will be available in 2014.
There are certain elements of the reforms that are not possible to pilot on a local basis. For example, the provisions in the Offender Rehabilitation Bill that will extend license and supervision to offenders released from short custodial sentences could not be introduced in one part of the country but not another.
John McDonnell: To ask the Secretary of State for Justice what funds he will make available to the National Probation Service after 1 June 2014 for the recruitment of trainee probation officers in England and Wales. [187390]
Jeremy Wright: The National Probation Service (NPS) will make a fundamental contribution to protecting the public from the most dangerous offenders in the community. Adequate resources and funding will be available for the recruitment of trainee probation officers in England and Wales, and the National Offender Management Service is in the process of letting a contract to provide recruitment services for the Probation Qualification Framework programme. This will enable the recruitment of staff with the potential to develop the skills and knowledge to work effectively with offenders.
Probation Trusts
John McDonnell: To ask the Secretary of State for Justice what the anticipated underspend for the financial year 2013-14 for each of the 35 probation trusts in England and Wales is. [187387]
Jeremy Wright: The National Offender Management Service expects each probation trust to keep their expenditure in line with agreed individual contract values in relation to the services they have been commissioned to deliver to NOMS. The National Offender Management Service works with Trusts to adjust contracts and redeploy resources as appropriate with a view to avoiding under spends at the end of the financial year and to making best use of taxpayer's money.
Probation: Private Sector
Mr Jim Cunningham: To ask the Secretary of State for Justice what evidence his Department has used in formulating its proposals to sell parts of the probation service. [182794]
Jeremy Wright:
Published re-offending statistics show that, in the year to March 2012, 58% of prisoners serving sentences of less than 12 months reoffended
24 Feb 2014 : Column 259W
within 12 months of release from custody, compared to 34% for prisoners released from sentences of 12 months or more. Overall, reoffending rates have barely changed over the last decade.
The National Audit Office (2010) report “Managing Offenders on Short Custodial Sentences” estimated that the total cost to the economy of crime committed by short-sentenced offenders during 2007-08 was around £7 billion to £10 billion a year.
These figures make the case for reform very clear. Under our proposals in “Transforming Rehabilitation—A strategy for reform”, which we published in May 2013, we are extending supervision to short-sentenced offenders and incentivising providers to reduce offending. The pilots in Peterborough and Doncaster have informed the new strategy, particularly in terms of working in partnership with providers from the private and voluntary sectors. According to interim reconviction data, these pilots show a fall in reoffending rates among the cohort of offenders covered by the scheme:
Property
Ian Austin: To ask the Secretary of State for Justice what the (a) name, (b) location, (c) floor space, (d) tenure status and (e) value is of properties (i) owned and (ii) occupied by (A) his Department and (B) agencies and public bodies accountable to him. [187291]
Simon Hughes: The Ministry of Justice estate is one of the largest in central Government and comprises of over 1,500 properties.
Details of the Government Central Civil Estate, such as the property name, location, tenure, and Net Internal Area, are recorded on the Central Government property database, Epims. These records are available via the following link:
www.data.gov.uk/dataset/epims
Rape: Convictions
Emily Thornberry: To ask the Secretary of State for Justice if he will publish a quarterly summary of the number of convictions for a primary offence of rape over the last three years. [185445]
Jeremy Wright: Rape and sexual violence are abhorrent crimes for which there are tough sentences available. Every report of rape is treated seriously and all investigations and prosecutions are conducted thoroughly and professionally. Tougher sentences are available to the courts for those who commit these offences, including a new mandatory life sentence for anyone convicted of a second very serious sexual or violent crime. The proportion of offenders sentenced to custody has been around the same level for the last five years.
We already publish annual figures for prosecutions and convictions for rape offences.
The number of defendants proceeded against at magistrates courts and found guilty at all courts for rape offences, in England and Wales, from 2008 to 2012 (latest available) can be viewed in the following table.
Court proceedings data for 2013 are planned for publication in May 2014.
24 Feb 2014 : Column 260W
| Defendants proceeded against at magistrates courts and found guilty at all courts for rape offence1, England and Wales, 2008 to 20122,3 | ||||
| Quarter | Proceeded against | Found guilty | Conviction ratio5 (%) | |
| 1 Includes attempted rape. 2 The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 3 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. 4 Excludes data for Cardiff magistrates court for April, July and August 2008. 5 Conviction ratio is calculated as the number of convictions as a proportion of the number of proceedings. Source: Justice Statistics Analytical Services—Ministry of Justice. | ||||
Reparation by Offenders
Dan Jarvis: To ask the Secretary of State for Justice (1) how many victims have (a) been offered and (b) taken part in restorative justice programmes since 2010; [186163]
(2) how many (a) female and (b) male offenders held in prisons have been included in restorative justice programmes since 2010. [186164]
Jeremy Wright: The Government are committed to ensuring that restorative justice is victim-focused, of a good quality and available at all stages of the criminal justice system across England and Wales.
We recently announced funding of almost £30 million over three years for restorative justice. Of this nearly
24 Feb 2014 : Column 261W
£23 million has been allocated to police and crime commissioners to build capacity and capability and where that is sufficient, commission victim-initiated restorative justice and pre-sentence restorative justice services.
Information about the numbers of victims or offenders who are invited to participate in a restorative justice programme, or take up that offer, is not collated centrally.
Residence Orders
Philip Davies: To ask the Secretary of State for Justice in what proportion of all cases heard in family courts where both the mother and father sought custody of their children the residence order was awarded to (a) the mother, (b) the father and (c) jointly to both the mother and father in each of the last five years. [186222]
Simon Hughes: The information held on the departmental database on family cases does not record details of the orders given, such as which party or parties were awarded the order. The information requested can only be obtained through the inspection of individual files at disproportionate cost.
24 Feb 2014 : Column 262W
Sentencing
Philip Davies: To ask the Secretary of State for Justice how many defendants were sentenced to between six and 12 months custody by a Crown court for one either way offence in each of the last three years. [180347]
Jeremy Wright: Triable either way offences can be heard in the Crown court for trial if the magistrates court considers it is so serious that only the Crown court could deal with the case, or for sentence if the magistrates do not consider that they have sufficient sentencing powers. The defendant may also elect to be tried in the Crown court if charged with a triable either way offence.
The proportion of defendants sentenced to between six and 12 months immediate custody by a Crown court for a single either way offence, in England and Wales has increased from 7.48% in 2008 to 8.21% in 2012 (the latest available). The figures can be viewed in the following table.
Court proceedings for the calendar year 2013 are planned for publication in May 2014.
| Defendants sentenced to immediate custody1 at the Crown court for triable either way offences2 in England and Wales, 2008 to 20123, 4 | ||||||
| Sentence band | Custody | 2008 | 2009 | 2010 | 2011 | 2012 |
| 1 Includes: sentences imposed under sections 90-92 of the Powers of Criminal Courts (Sentencing) Act 2000; indeterminate sentence for public protection; extended sentence for public protection; Detention and Training Orders; Young Offenders Institute; and unsuspended imprisonment. 2 Offences that fall within this category can be dealt with either in the magistrates court or the Crown court. The defendant can elect the trial court. If the defendant elects to be tried in the Crown court, the case is automatically committed to the Crown court. Where the defence ask to be dealt with in the magistrates court then it is for the magistrates to decide whether this is appropriate. 3 The figures given in the table on court proceedings relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 4 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. 5 The proportion of offenders sentenced who are sentenced to immediate custody for triable either way offences only. Source: Justice Statistics Analytical Services-Ministry of Justice. | ||||||
Mr Llwyd: To ask the Secretary of State for Justice how many people were sentenced to (a) less than one month imprisonment, (b) between one and two months’ imprisonment, (c) between two and three months’ imprisonment, (d) between three and six months’ imprisonment, (e) between six and nine months’ imprisonment and (f) between nine and 12 months’ imprisonment in the last year for which figures are available. [187571]
Jeremy Wright: Many offenders who receive short custodial sentences do so because of their history of previous offending. Under the Government's proposals in the Offender Rehabilitation Bill offenders serving sentences of less than 12 months will in the future be released with licence conditions and subject to additional supervision. These reforms are designed to address the unacceptably high levels of reoffending and the prevent the public from being victims of crime.
The number of persons sentenced to a custodial sentence of 12 months or less from 2008 to 2012 can be viewed in the table.
| Offenders sentenced to immediate custody by length of sentence, 2008 to 2012, England and Wales1, 2 | |||||||||
| Sentence length | |||||||||
| Less than 1 month | 1 month and less than 2 months | 2 months and less than 3 months | 3 months and less than 6 months | 6 months and less than 9 months | 9 months and less than 12 months | 12 months | Other immediate custodial sentences | Total sentenced to custody | |
24 Feb 2014 : Column 263W
24 Feb 2014 : Column 264W
| 1 The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 2 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. 3 Excludes data for Cardiff magistrates court for April, July and August 2008. Source: Justice Statistics Analytical Services-Ministry of Justice. | |||||||||
Serco
Sadiq Khan: To ask the Secretary of State for Justice how many complaints have been received by Serco in relation to the contract for Community Payback in London since taking over that contract. [188280]
Jeremy Wright: I refer the right hon. Member to the reply I gave to him on 10 February 2014, Official Report, column 486W.
UN Convention on the Rights of the Child
Paul Burstow: To ask the Secretary of State for Justice with reference to the Government's commitment to give due consideration to the UN Convention on the Rights of the Child (UNCRC) when making new policy and legislation, if he will place in the Library all assessments of how new policy and legislation from his Department since January 2013 has given due consideration to the UNCRC. [186590]
Simon Hughes: The Ministry of Justice is committed to giving due consideration to the UN Convention on the Rights of the Child (UNCRC) during the policy-making process.
The Ministry of Justice has the lead policy responsibility for the Criminal Justice and Courts Bill which was introduced on 5 February. A memorandum on compliance with the European Convention on Human Rights (ECHR) was published with the Bill and made available in both Houses:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/277929/european-convention-human-rights-memorandum.pdf
Individuals' Convention rights overlap with the rights set out in the UNCRC.
The Bill includes the introduction of secure colleges. The Government consulted on this proposal. The Ministry of Justice published a young person's version of the consultation paper and engaged extensively with young people in custody. More than 400 young people responded to the consultation. The central proposal for a greater focus on education and training in custody was supported by the majority of respondents.
The Bill provides for an appropriate adult to be available for a formal youth out-of-court disposal given to anyone aged 17, bringing the position of 17-year-olds into line with the position of younger children. The Bill also makes minor changes to youth referral orders, a community sentence for under-18s. All these provisions in the Bill are in line with the UNCRC.
The Ministry of Justice shares policy responsibility with the Department for Education for certain provisions in the Children and Families Bill which is currently before Parliament. A formal assessment of the Bill against the UNCRC was carried out prior to its publication. A copy has been placed in the Library and can be found on the Department for Education website at:
http://media.education.gov.uk/assets/files/pdf/e/140213%20echr%20and%20uncr%20note%20for%20publication% 20final%20lao.pdf
The Department for Education also published a Children and Young Persons guide to the Children and Families Bill on 25 February 2013 and this is available here:
https://www.gov.uk/government/publications/the-young-persons-guide-to-the-children-and-families-bill
The UK Government are due to report to the UN Committee responsible for the UN Convention on the Rights of the Child shortly. The Department for Education is co-ordinating the response with contributions from other Government Departments, including the Ministry of Justice. Once the Government have submitted their response to the UN Committee a copy of the report will be placed in the House Library.
Welsh Language
Hywel Williams: To ask the Secretary of State for Justice what assessment he has made of services carried out by his Department in Wales in relation to the Welsh Language Act 1993 and the Welsh Language Standards. [187773]
Mr Vara: The Ministry of Justice (MoJ) is fully committed to the Welsh language and fully committed to providing MoJ services in the Welsh language so far as is both appropriate in the circumstances and reasonably practicable. It is important that in the non-devolved areas sufficient support should be given to the Welsh language, and we are committed to ensuring this is done.
To this end, the Ministry of Justice and the majority of its delivery arms and associated agencies have either:
(a) published Welsh language schemes; or
(b) are covered by the Ministry of Justice Welsh language scheme; or
(c) are developing their own scheme.
setting out the actions they will take in the conduct of business and services in Wales in accordance with section 21 of the Welsh Language Act 1993.
24 Feb 2014 : Column 265W
Other arm’s length bodies maintain an independent approach with their own separate Welsh language policy.
The schemes are living documents, reported on annually in respect of applicability and the achievements of their objectives, and revised every three years in conjunction with the Welsh Language Commissioner's office.
Youth Custody
Dan Jarvis: To ask the Secretary of State for Justice how many deaths in custody have involved an individual diagnosed with ADHD in each year since 2010. [187367]
Jeremy Wright: We are committed to the safety of prisoners and to preventing deaths in prison custody.
24 Feb 2014 : Column 266W
Information on whether a deceased prisoner was diagnosed with attention deficit hyperactivity disorder (ADHD) is not recorded centrally.
Dan Jarvis: To ask the Secretary of State for Justice how many investigations into injuries of children resident in secure children homes have taken place since 2010; and how many such investigations have concluded that restraint of the child by a member or members of staff have been found to be the cause of the injury. [188375]
Mr Timpson: I have been asked to reply on behalf of the Department for Education.
The responsibility for secure children's homes (SCH) rests with local authorities who commission placements on behalf of individual children. Ofsted inspects the quality and support provided by SCHs twice a year. This includes looking at incidents of restraint that occur in the homes.