Tuesday Volume 528 17 May 2011 No. 159 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Tuesday 17 May 2011 £5·00 © Parliamentary Copyright House of Commons 2011 This publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online through The National Archives website at www.nationalarchives.gov.uk/information-management/our-services/parliamentary-licence-information.htm Enquiries to The National Archives, Kew, Richmond, Surrey TW9 4DU; e-mail: [email protected] 135 17 MAY 2011 136 agree that that is a gross misuse of restorative justice, House of Commons and what can he do to ensure that the same thing does not happen to other people? Tuesday 17 May 2011 Mr Blunt: I read about that case in the papers. It is plainly important for restorative justice to carry the The House met at half-past Two o’clock confidence of victims. They should not be placed in a position in which they are required to take part in PRAYERS restorative justice disposals; restorative justice should be a right for them to exercise when they see fit, and when it is clearly in their interests to do so. [MR SPEAKER in the Chair] Sir Alan Beith (Berwick-upon-Tweed) (LD): Is the Minister aware that many victims greatly value the restorative justice process, because it brings the person Oral Answers to Questions who has caused them harm face to face with the harm that he has caused? Does the Minister recognise the need for it to be mainstreamed into the system rather JUSTICE more than it is at present? There are many areas in which it is currently not available to benches and courts. The Secretary of State was asked— Mr Blunt: I entirely agree with my right hon. Friend. It is important to bear in mind that restorative justice is Restorative Justice a right for victims. I believe that if, in the circumstances described by the hon. Member for Ashfield (Gloria De 1. Nicky Morgan (Loughborough) (Con): What plans Piero), a victim wished to exercise the right to engage in he has for the use of restorative justice to reduce the restorative justice and to demand an account from an level of offending; and if he will make a statement. offender who was pleading guilty or had been found [55666] guilty, he or she should have the opportunity to do so. The victim impact statement, as part of the restorative The Parliamentary Under-Secretary of State for Justice justice process for the benefit of the victim, must become (Mr Crispin Blunt): We are committed to increasing the a much clearer element of our justice system. use of restorative justice throughout the criminal justice system. Restorative justice should play a part in activities Helen Goodman (Bishop Auckland) (Lab): I agree ranging from informal disposals administered by front-line with the Minister that restorative justice can be a positive police officers to enabling serious offenders to face up intervention, and I was pleased to be able to attend a to the consequences of their actions. There is growing restorative justice session in Wormwood Scrubs organised evidence of its potential to cut reoffending and crime, by volunteers from the Prison Fellowship on 28 March. and to enhance the role of victims in the delivery of Unfortunately, however, it was the last such session to justice. take place in a prison in the London region. Can the Minister explain why that is, given that it is agreed that Nicky Morgan: Charnwood council’s reducing restorative justice can be an effective intervention? Is reoffending scrutiny panel has been considering how to this yet another example of the gap between rhetoric promote restorative justice locally. One of the problems and reality? that it has identified is that offenders are often released on Fridays or at weekends with no practical support. Injunctions (Privacy) Before it can get around to worrying about restorative justice, we need to know what the Ministry can do to 2. Mr John Whittingdale (Maldon) (Con): If he will ensure that offenders are given the practical support estimate the number of existing injunctions granted on that they need when they join the community. the grounds of invasion of privacy. [55667] Mr Blunt: My hon. Friend has raised a valid operational The Lord Chancellor and Secretary of State for Justice concern about Friday releases. However, holding prisoners (Mr Kenneth Clarke): The Ministry of Justice currently whose statutory release date falls at a weekend until the holds some limited data on the numbers of injunctions following week is unlawful, and we do not think it right applied for in the county courts, but they do not allow for prisoners to be let out early: they should serve the identification of anonymity injunctions. The Department’s custodial period required by law. Our duty is to manage chief statistician is currently considering how robust the operational issue of Friday releases. That includes data on the number of anonymity injunctions issued by ensuring that all prisoners are properly prepared for the courts might be collated in the future. release, and implementing restorative justice as part of that preparation where appropriate. Mr Whittingdale: Is my right hon. and learned Friend concerned about the possibility that the large number of Gloria De Piero (Ashfield) (Lab): My constituent injunctions that appear to be being granted on a routine Gary Thrall was left for dead after a vicious knife basis suggests that the courts are paying insufficient attack last year. His first contact from Victim Support regard to section 12 of the Human Rights Act 1998, came five weeks later, when it was suggested that he which was intended to protect press freedom? Given might like to meet some knife attackers. Does the Minister that, and given the huge speculation on the internet 137 Oral Answers17 MAY 2011 Oral Answers 138 about the identities of those who have obtained injunctions, exactly how we are trying to strike the balance before does he feel that the time is approaching when Parliament something is submitted for the judgment of Parliament. may need to revisit the issue? We may well not have to wait until the end of a long, controversial process such as that, and instead find Mr Clarke: I do not think any of us know whether some other way of tackling the issue, but we are considering the number is increasing. As far as I am aware, there it and we will come back with proposals in due course. have been two super-injunctions since the John Terry If there were debate on a privacy Bill, there would be an case, but the word “super-injunction” gets used very interesting range of opinions even in Parliament, but I widely. I realise there is increasing concern, however. I have not met many people yet who seem to have the personally have strong views on the secrecy of justice. perfect answer as to how to get the balance right. We have a tradition of open justice in this country. Plainly, I believe in the freedom of the press and freedom John Hemming (Birmingham, Yardley) (LD): Some of speech in this country, even when it is sometimes of these injunctions serve to prevent information from exercised provocatively, as it is supposed to be in a free being passed to the police or other regulators. Does the country, but there are also areas where an individual is Secretary of State believe the law should be changed so entitled to have their privacy protected. The time is that regulators can always have information passed to certainly coming when the Government are going to them? have to look at this matter, although we will probably wait until we have had the report of the Master of the Mr Clarke: That is one of the arguments which the Rolls, who is looking rather more closely at the procedural judge who decides whether to grant the injunction will aspects. no doubt have in mind. Whether it is reasonable and in the public interest for the injunction to be granted is Sadiq Khan (Tooting) (Lab): The Lord Chancellor is what the judge is meant to try to establish. The question right to remind us that it is important that we get the for us is how we can make that clearer and more balance right between freedom of speech and an individual’s defensible, and how we can know more about what is right to privacy, but he will be aware of the public happening so that we are all satisfied that injunctions disquiet about the use of the anonymity injunction or are granted only in cases where the right to privacy of super-injunction, both in terms of its abuse—or alleged the individual is, indeed, being interfered with unjustly, abuse—and its circumvention, for example by the use of but I know of the hon. Gentleman’s interest in this Twitter. As he has said, the current situation is not topic, and we will bear his views in mind— satisfactory, but the Master of the Rolls is simply looking at the process, rather than the substance. What does the Mr Speaker: I am grateful to the Secretary of State Lord Chancellor intend to do about that, so as to for his answer. provide leadership on this issue? ECHR Jurisdiction Mr Clarke: First, I agree that the Master of the Rolls is looking at process, and I am sure what he says will be 3. Mr William Bain (Glasgow North East) (Lab): very valuable. As I have said, we will wait until he What reforms he is pursuing of the jurisdiction of the reports back before starting to take a proper look at the European Court of Human Rights.