Justice is a vital public service and a cornerstone of our success as a society, which is why the Chancellor of the Exchequer announced huge investment in the system as part of his recent spending review. Part of that money will go towards the recovery and restoration of justice from the effects of covid-19, notably in the Crown courts, and to support victims as they make their difficult journeys through the system, including the family courts and tribunals. The spending review announced £105 million for the maintenance of courts and tribunals, and there was also £4 billion to build back better in the prison estate, with 18,000 additional places in the pipeline plan for the mid-2020s, helping us to deliver modern, green prisons that can be launching pads for rehabilitation. We are moving at pace with the first of our new prisons, HMP Five Wells, which is opening in 2022, while continuously increasing resources for the maintenance of our existing prison estate. This investment continues to deliver on the Government’s crime agenda, keeping the public safe, delivering a green revolution and bringing our prisons into the 21st century.
I thank the Justice Secretary for that, but judicial review is the only way in which the public can challenge the Government when they believe the Government have acted unlawfully. It is important that we keep that protection in place for the public to hold the Government to account, so will he commit today to fully publishing the independent review of administrative law?
I agree with the hon. Gentleman about the central importance of judicial review, and he will remember that that is set out in the terms of reference. The review will report shortly, the Government will respond and the whole documentation will be published. The question of submissions to the review is a matter for the review, but I assure him that the outcome will, of course, be published as part of the Government’s policy position in due course.
Last week, a three-week consultation was launched on proposals for a new prison adjacent to Grendon and Spring Hill prisons in my constituency. With nearby communities already dealing with massive pressures and parish councils overstretched with day-to-day issues with the construction of things such as HS2, three weeks is just not long enough to ensure that everyone has their voice heard. So will my right hon. and learned Friend commit to extending the consultation, so that everybody in my constituency can have their say?
I am grateful to my hon. Friend. I know that he met my colleague the Minister of State for Prisons and Probation at the end of November to discuss the issue of the consultation. I know the site well, having visited both Grendon and Spring Hill, and I pay tribute to the staff and, indeed, to the community for supporting the prisons that exist in that part of his constituency. We are considering all comments and suggestions sent to us through the consultation before we submit any outline planning application. I can assure him that the local community will also have an opportunity to provide further feedback once a planning application is submitted. I am happy to extend the public consultation and my officials are in communication with the local council regarding that.
Back to the independent review of the Human Rights Act. The Lord Chancellor has said that, after 20 years, it is time to see whether the Act is working effectively, but the terms of reference do not actually contain any reference to an analysis of whether it is working effectively. Recently the Joint Committee on Human Rights found that most black people living in the United Kingdom believe that their human rights are not equally protected compared with those of white people. That is a shocking finding. Does not that finding alone justify a proper examination of whether the Act is working effectively and, if so, why is that not in the terms of reference?
The hon. and learned Lady knows that I gave evidence to the Committee of which she is a member about a week or so ago and acknowledged the important point made by the Committee. I think it was important for us to set up a very focused review as to the machinery of the Human Rights Act. It is not about the rights themselves; it is about the way in which they interact with our domestic law and the interplay, therefore looking in particular at sections 2, 3 and 4, for example, of the Human Rights Act. However, I am sure that these wider issues will become part of the debate as we see the recommendations come forward and as this place has an opportunity to play its part in those deliberations.
I commend my right hon. and learned Friend and his Department for the minimal impact that the covid pandemic has had on our courts system. Can I ask when it will return to normal? Can I also ask that he review contingencies should they be needed in the very near future?
My hon. Friend can be reassured that the Courts and Tribunals Service is working daily to review its plans. I am sure that he will be glad to note that, in the magistrates courts, we are now exceeding receipts and we expect the position to return to pre-covid levels by about Easter time or the early summer. The position of the Crown court is more challenging, but the funding that we have obtained through the spending review will allow us to start dealing with the backlog. We also constantly review the social distancing measures. The current assumptions are that social distancing will apply until the end of June. If there is any progress on that front, clearly we will recalibrate, which will give us even more capacity.
The chief constable of West Midlands police, MPs, local councillors and others have all expressed concern about the large number of people being released from jails all around the country to unsuitable exempt accommodation in Birmingham. How can that possibly help with rehabilitation and getting these people back on the straight and narrow?
The hon. Gentleman will be glad to note that, throughout this pandemic, the Ministry of Justice has funded accommodation support for people who otherwise would be released into rough sleeping and homelessness. Indeed, we are working on plans as a result of the spending review to scale up and improve approved premises and the other type of accommodation that can house in an appropriate way people who are released from custody. I shall furnish the House with an update as soon as it is received, but he can be assured that we are working on this issue because we recognise the scale of the problem.
Imran Ahmad Khan (Wakefield) (Con)
The Criminal Cases Review Commission is the only body in its area of jurisdiction with the authority to send cases back to an appeal court. It is imperative that this process must not be delayed, as it has the propensity to overturn cases and clear the names of those innocent of conviction. Can my right hon. and learned Friend outline the steps that he is taking to ensure that the CCRC enacts its duty in a timely manner, especially for more sensitive cases, including those of our frontline workers and police officers, such as my constituent Danny Major? Mr Major has been miserably let down by the CCRC.
My hon. Friend raises an extremely important point. I understand his consternation on behalf of his constituent and his wish that that case in particular be dealt with speedily. No doubt the commission will have paid attention to his concern. We have recently invested significantly in the commission, with hundreds of thousands of pounds in capital funding to ensure that its IT is up to scratch. It is within a whisker of reaching its target of 36 weeks as the average time taken to deal with a case, and of 85% of cases being dealt with in under 12 months. It is very important for the integrity of the judicial system not only that we convict the guilty, but that we make sure that innocent people who are erroneously convicted have their sentences corrected.
Increasingly we have seen individuals with a gambling addiction committing crime to fund their habit. These crimes inevitably end up being punished with custodial sentences, yet the gambling industry—which is often complicit, encourages these individuals to continue gambling and always profits from the situation—is not held accountable and escapes prosecution. Will the Lord Chancellor meet me and the officers of the gambling related harm all-party parliamentary group to discuss how we can rectify this outrageous and indefensible lack of accountability?
I pay tribute to the hon. Lady for her consistent and passionate campaigning on this important issue, which is an addiction for far too many people. As she knows, my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport will make a statement on gambling later, which I know she will broadly welcome. Of course, I will be happy to meet her and members of the APPG. Primarily, the Department for Digital, Culture, Media and Sport holds the brief on this issue, but no doubt there are wider criminal law ramifications on which I am happy to engage with her.
Gary Sambrook (Birmingham, Northfield) (Con)
Will the Secretary of State outline to the House what steps he has taken so far to ensure that the Independent Monitoring Authority for the Citizens’ Rights Agreements will be ready for the end of the transition period, so that it can effectively monitor the rights of European Union and European economic area citizens?