Nicholas Dakin MP: speeches

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Speeches

17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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The hon. Member reads out a phrase that was welcomed by the previous Government, but that the Lord Chancellor is objecting to and talking to the Sentencing Council about.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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My hon. Friend is exactly right that pre-sentence reports play an important role, and we ought to applaud the work that the Probation Service and others do in preparing those reports. She is exactly right to point to how effective they are in helping with sentencing.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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Further to that point of order, Mr Speaker. I do not believe that I inadvertently misled the House.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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The hon. Lady has said what everybody else in this House and outside it is thinking.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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To be fair to the Conservatives, they did not work on the guidelines, but they were consulted on them, and they did respond to them in a positive way.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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That is exactly what the Lord Chancellor is saying.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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The hon. Gentleman will not be surprised to learn that I agree with him. The victims Minister, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), is sitting next to me; we take victims very seriously. That is why there is a victims’ representative on the sentencing review panel. We need to make sure that victims are at the centre of whatever we do. I have met too many victims already in this role, and every time I meet them, it is very difficult—a little difficult for me, but hugely difficult for them, because they live this.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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My hon. Friend is exactly right. The previous Government were fully involved in the consultation, and not only were they fully involved, but they welcomed it.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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I agree with my hon. Friend that the last Government appear to have been asleep at the wheel, rediscovering their mojo only once they were in opposition.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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My hon. Friend is right to contrast the approach of the soundbites from the shadow Justice Secretary with the Justice Secretary’s approach of rolling up her sleeves and getting on with the job of sorting out the mess left in our prisons, Probation Service and courts.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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This is the third consecutive week in which we have discussed this in the House. We discussed it in the Lord Chancellor’s statement, we discussed it at Justice questions last week, and we are discussing it again today.
17 Mar 2025 · Sentencing Council Guidelines · Hansard source
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The consultation was held under the previous Government, who not only expressed no concern, but welcomed what the Sentencing Council was doing. Immediately on seeing the guidelines as drafted, the Lord Chancellor acted to sort out the mess left by the Conservative party.
12 Mar 2025 · Draft Civil Proceedings and Magistrates' Courts Fees (Amendment) Order 2025 · Hansard source
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I thank the hon. Member for Bexhill and Battle for his contribution. He is right that any future changes should have proper scrutiny, like the scrutiny we are providing today, and the Government are always willing to commit to monitoring the impact of such changes such as those made by the draft order. However, I note that these decisions maintain what is currently happening, rather than bringing about any change to charges. All the funds will go directly into the justice system, as he rightly encourages, and fees will always be kept under proper review. Question put and agreed to .
12 Mar 2025 · Draft Civil Proceedings and Magistrates' Courts Fees (Amendment) Order 2025 · Hansard source
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I beg to move, That the Committee has considered the draft Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2025. It is a pleasure to serve under your chairmanship, Sir Edward. This draft order makes a technical amendment to three court and tribunal fees to ensure they can continue to be charged at their current level by His Majesty’s Courts and Tribunals Service. This forms part of a wider set of amendments to 27 fees, the latest estimated costs of which have fallen below their current value. The 24 fees not included in this affirmative instrument will be reduced by a negative instrument that will shortly be laid before Parliament. No one will be required to pay a higher fee as a result of the changes made by this draft order. It simply changes the legislative power under which the three fees in question are set without amending the amount charged to HMCTS users. The amendments will protect at least £3.5 million a year in estimated income to help ensure that the courts and tribunals remain efficiently and effectively resourced, thereby reducing the overall cost to the taxpayer. A properly funded and functioning HMCTS is critical to upholding the Lord Chancellor’s statutory duty to protect access to justice. Fees are an essential source of funding for courts and tribunals, with over 300 fees charged for the various administrative and judicial services provided by HMCTS. In line with His Majesty’s Treasury’s “managing public money” principles, most court fees are set to recover no more than the underlying estimate of what it costs HMCTS to run the corresponding service. Others are set deliberately below the cost of service to ensure that access to justice is protected, such as proceedings concerning domestic abuse. A minority of HMCTS fees are set under what is known as the enhanced power, via section 180 of the Anti-Social Behaviour, Crime and Policing Act 2014. Enhanced fees can lawfully over-recover their underpinning costs to cross-subsidise HMCTS services, for which low or no fees are payable. Following a substantial review of my Department’s costing methodology in relation to court processes, the newly estimated costs of 27 fees were found to have fallen below previous estimates. The revised costing methodology is an improved, more nuanced model that relies on data sources that were not available in the previous methodology. The powers under which the 27 fees are currently set allow them to recover a maximum of their underlying costs, which means that the fees must either be reduced to their estimated costs or kept as they are, albeit restated under the 2014 Act as enhanced fees. In line with Treasury principles, it is prudent for the Act to be used sparingly when setting fees that over-recover their cost. The Department’s position is therefore that the enhanced power should be reserved for fees that can generate substantial levels of income to cross-subsidise under-recovering parts of HMCTS, provided that doing so has a minimal impact on access to justice. That is why the majority of the 27 fees in question will be reduced, in line with their newly estimated costs, by an upcoming negative instrument, with only three enhanced by this affirmative instrument. I will explain the services to which the three fees covered by this draft order are attached, and why the Department deems it appropriate that each should be enhanced for the purpose of cross-subsidisation. The first is the 50p fee charged for a council tax liability order. This fee is payable by local authorities to legally demand payment of council tax arrears. HMCTS receives a high volume of CTLO applications each year, which raises significant income to support the running of the courts and tribunals. In 2022-23, 2.1 million CTLOs resulted in £1.1 million of fee income. Enhancing the fee will not only ensure this crucial income is retained, but it will also remove the cost to the taxpayer of adjusting the fee in line with its regularly fluctuating cost. The second fee is charged at £22 for a warrant of entry. Such warrants are mostly applied for by utility companies to gain legal access to private premises. Similar to CTLOs, high volumes of these warrants are issued each year, generating £7.2 million in fee income for HMCTS in 2022-23 alone. Reducing the fee to cost would place significant financial pressure on the Department at a particularly challenging time. The third fee relates to ships or goods that are seized in the event of a breach and then sold off at auction. The admiralty court charges several fees, which are payable on the sale of a vessel or goods, but the amount payable varies depending on the value of the ship. The fee relevant to this instrument applies to ships valued over £100,000. Unlike the flat CTLO and warrant of entry fees, this fee is £1 for every £100 of a ship’s value up to £100,000, and it increases by a further 50p for every £100 of the ship’s value above £100,000, with a minimum fee of £205. Although this fee does not attract the same volume as applications for CTLOs or warrants of entry, it still provides an important source of income for HMCTS because some ships are sold for several million pounds, meaning that even low annual volumes can result in the generation of notable overall income. I reiterate that this draft order merely maintains the status quo by not increasing the value of any of the three fees restated under the 2014 Act. As a result, there is no anticipated impact on users of the courts and tribunals. The negligible bearing this draft order will have on HMCTS users is echoed in the response to the previous Government’s 2023 consultation on a series of updates to court and tribunal fees. The consultation included a proposal to enhance the CTLO fee, but the other two fees in question had not yet been identified as over-recovering at the time of the consultation. Of those who responded to the proposal, 63% had no view and no further comments to share, and 17% agreed with the proposal, stating that enhancing the fee would not negatively impact users given that its current value of 50p would be retained. The two respondents who disagreed had incorrectly assumed that the fee was being increased. I reassure Members that the number of variations between costs and fee values being corrected by this draft order and the accompanying negative instrument is considered higher than usual. That is because of the revisions brought about by the Department’s updated costing methodology. Although the costs underpinning HMCTS fees will be reviewed on an annual basis, I do not anticipate the need to amend this many fees each year, thanks to the improvements made by the new methodology. The three fees in question are charged in England and Wales only. This draft order will therefore have no effect on court fees in either Scotland or Northern Ireland. This draft order can be seen as a corrective statutory instrument that simply delivers minor updates to the statute book for continuity purposes. As such, it does not bring about any practical changes to those affected by court and tribunal fees, and in fact ensures that the fees payable by the relevant court users remain the same. The amendments made by this draft order and its accompanying negative instrument represent the most pragmatic approach to keeping the Department’s fees legislation up to date.
11 Mar 2025 · Prison Leavers: Resettlement · Hansard source
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I applaud the work that the hon. Member describes. It is certainly the sort of work that needs to continue. Overall, the levels of homelessness and rough sleeping that we have inherited are far too high. We are working closely with the Ministry of Housing, Communities and Local Government to develop a long-term strategy to put us back on track to end homelessness. If he wishes to write to me about that particular case, I will follow it up.
11 Mar 2025 · Prison Leavers: Resettlement · Hansard source
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The sentencing review’s interim report describes the situation at the moment, and it is the first stage of that independent review’s addressing this long-standing issue. Frankly, this is something that the Conservatives spent the last 14 years avoiding tackling. That is— [ Interruption. ] I will leave it there.
11 Mar 2025 · Prison Leavers: Resettlement · Hansard source
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The Ministry of Justice recognises the benefits of mentoring in resettlement and is currently reviewing our approach to peer mentoring to make sure it is consistent and effective. There are many excellent organisations delivering a range of peer-led rehabilitation support, including Ingeus, Wizer and the Wise Group.
11 Mar 2025 · Prison Leavers: Resettlement · Hansard source
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We heard fully the commitment from the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), and the Lord Chancellor that victims are front and centre of our approach to fixing the mess that the Conservatives left us. There is a victims representative on the panel, as the hon. Member well knows. Victims were fully involved and engaged in this. I have sadly met too many victims in this role, and I have encouraged all of them to contribute to the report and committed to them that they will be fully involved in the implementation of the report. Instead of carping from the sidelines trying to get cheap soundbites, it is about time the Conservatives rolled their sleeves up and tried to help us sort out their mess.
11 Mar 2025 · Prison Leavers: Resettlement · Hansard source
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I thank the Chair of the Select Committee for his identification of these very good actions that are going on within the prison estate. The Prison Service is keen to encourage all this sort of activity, and I will follow this up with my hon. Friend directly.
11 Mar 2025 · Justice Estate: Springhill Road · Hansard source
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Under the last Government, only 500 prison places were created. By contrast, the last Labour Government delivered 27,830. The Lord Chancellor has set out her ambition to deliver 14,000 new places by 2031. Almost 1,500 of those will be provided by the new prison in the hon. Gentleman’s constituency. If he writes to me about the specific concerns of the residents’ association, I will be happy to respond.
11 Mar 2025 · Justice Estate: Springhill Road · Hansard source
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As the hon. Member will know from his meeting with the Minster for Prisons in the other place, currently there are no plans to release land at Springhill Road. The Ministry of Justice is working closely with local representatives to ensure that we bring benefits to the local community as part of the new prison build.
11 Mar 2025 · Defendants Absconding before Trial · Hansard source
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The decision to remand or bail an individual is solely a matter for the independent judiciary. Courts are required to considered the likelihood of absconding as part of that decision. The courts have the power to impose a broad range of robust bail conditions in the bail package, including electronic monitoring, exclusion zones and curfews. This Government are committed to ensuring that criminals face justice and victims have peace of mind and closure.
11 Mar 2025 · Defendants Absconding before Trial · Hansard source
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I understand that the case to which the hon. Gentleman refers took place under the last Government, and the men he referred to were tried in absentia. The Home Secretary set out the steps that the Government are taking to tackle the terrible crimes of child sexual exploitation and abuse, including group-based child sexual exploitation. Through the Crime and Policing Bill, we are legislating to make grooming an aggravating factor in the sentencing of child sexual offences, to ensure that it is properly reflected in the sentencing of perpetrators.
11 Mar 2025 · Female Offenders · Hansard source
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The Government’s plan to support women offenders is clear and ambitious. To reduce the number of women going to prison, our new women’s justice board will support the implementation of the plan. This Government have taken immediate action to ensure that girls will never again be held in youth offender institutions following the publication last week of Susannah Hancock’s review into girls in the youth estate.
11 Mar 2025 · Female Offenders · Hansard source
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I certainly share my hon. Friend’s deep concern about that issue, which she is right to raise. Good relationships between staff and prisoners are essential in our efforts to identify and manage the risks of suicide and self-harm. We are providing specialist support to establishments rolling out tailored investments, including specialised training for new officers, recruiting psychologists to support women, and piloting a compassion-focused therapy group designed for women.

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